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Home My WebLink About2000 09-05 CC AGENDA PKTeAt auk AGENDA OF A REGULAR MEETING NATIONAL CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, SEPTEMBER 5, 2000 - 3:00 P.M. i OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY THE CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF JULY 25, 2000 AND APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF AUGUST 22, 2000. COUNCIL AGENDA 9/5/00 Page 2 PUBLIC HEARING 1. Public Hearing - To establish sale price of real property located at the southeast corner of 9' Street and National City :Boulevard. (Community Development Commission) *Refer to Item #8* CONSENT CALENDAR Consent Calendar: Consent Calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 2. Resolution No. 2000-112 Resolution of the City Council of the City of National City accepting the lowest responsive bid from Creative Bus Sales, Inc., and authorizing the purchase of a new bus for the Senior Center. (Purchasing) 3. Resolution No. 2000-113 Resolution of the City Council of the City of National City authorizing the sole source purchase of a new hydraulic rescue system from Champion Rescue Tools, Inc. (Purchasing) 4. Resolution No. 2000-114 Resolution of the City Council of the City of National City authorizing the Chief of Police to utilize Abandoned Vehicle Abatement Service Authority funds to hire personnel and purchase equipment to improve the Abandoned Vehicle Abatement Program. (Police) COUNCIL AGENDA 9/5/00 Page 3 CONSENT CALENDAR (Cont.) 5. WARRANT REGISTER #08 (Finance) Ratification of Demands in the amount of $375,152.88 6. WARRANT REGISTER #09 (Finance) Ratification of Demands in the amount of $1,896,289.70. NON CONSENT RESOLUTIONS 7. Resolution No. 2000-115 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Moynahan Towing Company and with A to Z Enterprises, Inc. for towing and impound services for the City. (Police) 8. Resolution No. 2000-116 Resolution of the City Council of the City of National City approving the sale of real property purchased with redevelopment funds located on the southeast corner of 9' Street and National City Boulevard. (909 National City Boulevard) (Community Development Commission) *Refer to Item #1* NEW BUSINESS 9. Temporary Use Permit - World Harvest Church - Revival Lighthouse Church (Building & Safety) 10. Notice of Decision - Conditional Use Permit to allow wireless communications facilities at Las Palmas Park. (Applicant: Tim Kolset, WFI) (Case File No.: CUP-2000-8) (Planning) COUNCIL AGENDA 9/5/00 Page 4 NEW BUSINESS (Cont.) 11. Notice of Decision - Conditional Use Permit for a thrift store at 6 N. Euclid Avenue, in a 15,000 square foot suite in National City Plaza Shopping Center. (Applicant: Children's Hospital) (Case File No.: CUP-2000-16) (Planning) -> CITY MANAGER CITY ATTORNEY -* OTHER STAFF -* MAYOR -* CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. COUNCIL AGENDA 9/5/00 Page 5 NEW BUSINESS (Cont.) ADJOURNMENT Next Regular City Council Meeting - September 12, 2000 at 6:00 p.m. - Council Chambers, Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE City of National City, California COUNCIL AGENDA STATEMENT 0IEETING DATE September 5, 2000 Refer to Item #8 AGENDA ITEM NO. 1 ITEM TITLE PURI IC HEARING: TO ESTABLISH SALE PRICE OF REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 9TH STREET AND NATIONAL CITY BOULEVARD PREPARED BY Paul Desrochers Executive Director EXPLANATION DEPARTMENT CDC A Public Hearing is required prior to the establishment of a fair market value purchase price for the sale of land by the CDC. This is to comply with the requirements of the California Community Redevelopment Law Health and Safety Code and Section 33433. This law also requires a Summary Report Pertaining to the Sale of Real Property (attached) relative to the sale price. The report must be available for public review prior to a Public Hearing. Notice of the review and hearing must be published in accordance with government code requirements. These requirements have been met. This is the time and place for the Public Hearing. A resolution approving the sale price is provided on this agenda. i---- Environmental Review X N/A Financial Statement The CDC will receive $86,250 for the sale of the 8,625 sq. ft. parcel. A Covenant will provide that if the property is sold or converted to a commercial, "for Profit use", the CDC will be entitled to an additional $43,125 tied to the CPI from the date that the ie •mtyiaas sold. STAFF RECOMMENDATION Hold Public Hearing relative to the Sale Price of the subject property. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Notice of Public Hearing 2. Summary Report Pertaining to the Sale of Property Resolution No. A-200 (9i60) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a public hearing after the hour of 3:00 p.m., Tuesday, September 5, 2000 in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City: TO PROVIDE FOR PUBLIC COMMENT, IN ACCORDANCE WITH SECTION 33433 OF THE STATE HEALTH & SAFETY CODE, REGARDING THE PROPOSED TERMS AND CONDITIONS FOR THE SALE OF LAND PROPOSED IN A DISPOSITION AND DEVELOPMENT AGREEMENT FOR REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF 9TH STREET AND NATIONAL CITY BOULEVARD. SAID LAND, CONSISTING OF APPROXIMATELY 8,625 SQ. FT., IS PROPOSED TO BE SOLD TO THE NATIONAL CITY CHAMBER OF COMMERCE FOR THE CONSTRUCTION AND OPERATION OF A COMBINED CHAMBER OF COMMERCE OFFICE BUILDING WITH A VISITOR CENTER A copy of the Report Pertaining to the Sale of Real Property and the Terms and Conditions of a Disposition and Development Agreement is on file for public review at the Community Development Commission office, 140 E. 12th Street, Suite B, National City, California, 91950. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. DATED: August 7, 2000 Paul Desrochers Executive Director Dates of Publication: 08/15, 08/22/2000 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY SUMMARY REPORT PERTAINING TO THE SALE OF REAL PROPERTY RELATIVE TO SALE PRICE Public Review Period August 15, 2000 to Public Hearing September 5, 2000 This Report is prepared in order to comply with the requirements of the California Community Redevelopment Law Health & Safety Code Section 33433 a copy of which is attached as Exhibit "A" to this report. Recitals: The Community Development Commission of the City of National City (hereinafter, the "CDC"), is both a Redevelopment Agency and Housing Commission organized under the Health & Safety Code, California Community Redevelopment Law. National City Chamber of Commerce (hereinafter, the "Developer") is non profit California Corporation located at 711 "A" Avenue, National City, California 91950. A Copy of the proposed Disposition and Development Agreement (DDA) is on file in the CDC office. 1. Description of Proposed Transaction The CDC proposes to convey the Site to the Developer for construction and operation of a combined Chamber of Commerce office building with a Visitor Center on a 8,625 square foot parcel at the southeast corner of 9th Street and National City Boulevard. The proposed DDA will contain details of the transaction between the CDC and the Developer including the schedule of performance, method of financing, and other issues relative to development of the site. The CDC has (at the time of the scheduled Public Hearing) in escrow the parcel for the proposed site to be conveyed to the developer. It is proposed that the CDC convey the parcel to the Developer for a purchase price of $86,250 ($10.00 per sq ft x 8,625 sq ft.). The Site Map and Site Plan are shown as Exhibit "B"and"B-1". Summary Report Page I of 3 2. Developer Responsibilities The proposed DDA requires the Developer to: • Construct a 3,100 sq. ft. +/- building to house a combined Chamber of Commerce office building and a Visitor Center. All such plans and specifications must be in accordance with City of National City (design review) Planned Development requirements and accepted. • The Developer will be required to deposit in escrow the purchase price ($86,250). Escrow will close and the developer will take title when the building permit for construction is secured. • The Developer shall commence construction within 30 days after the close of escrow. • The Developer shall complete construction of improvements on the site within 180 days after commencement of construction. 3. Cost incurred by the CDC to acquire subject property Building and Land $195,000 Site Clearance Estimate $ 10,000 Relocation $ 20,000 Goodwill $ 25,000 Environmental $ 10,000 Closing and Agent Fees $ 7,000 Total $267,000 4. Estimated Value of the Site at the Highest and Best Use Value • The site is well suited for small-scale commercial uses. Parking is limited since the site is located in the heart of the traditional downtown of 50 to 75 years ago. A centralized parking facility for this site and others would be the most efficient manner to accommodate the needs of this development. This being the case, a 3,000 sq ft to 12,000 sq ft (multi -story) commercial building or commercial with residential above would provide the highest use for the site. The larger the building size the more offsite parking will be required. In comparison with other sites within the City a cleared building site in a similar area sells for $15.00 per sq. ft. • Sales of comparable property within the city and in similar downtown suburban locations indicate a range in value of from $12.00 to $18.00 per sq ft. • The price per sq ft to assemble the property, as improved was $31.00 per sq ft. • The proposed sale price to the Chamber of Commerce is $10.00 per sq ft. The use will be limited to the non-profit Chamber of Commerce use including a Visitor Center. Since these are public serving uses and activities that promote the city a lower sale price can be justified. If the Chamber decides to change the land use and or sell the property then the Chamber will owe the Summary Report Page 2 of 3 CDC the difference between the $10 per sq ft sale price and the market value price of $15.00 per sq ft. • A Covenant Attached to Real Property (Covenant) as part of the DDA will support a purchase price of $86,250. For the period commencing upon the date the Covenant is recorded the Developer shall not cause any sale or any permanent reuse for commercial for -profit uses except as associated with the operation of a Chamber of Commerce and a Visitor Center. If these uses change, the Developer must concurrently make payment to the CDC in an amount not to exceed the difference between the $86,250 purchase price for the land and $129,375 ($15 per sq ft) the actual fair market resale value of the parcel. The difference, $43,125 will be adjusted to reflect cumulative changes in the cost of living using the Consumer Price Index for all urban consumers (CPI), US City Average all items. • The Covenant along with the selling price will assure that the property will be utilized for the public purpose of promoting the businesses of the city as a Chamber of Commerce and to provide a service to the public through the operation of a Visitor Center. Commercial uses associated with these uses is permitted. If the uses are changed and the building is sold or leased for commercial purposes then the terms of the Covenant will be imposed. The Covenant will be in place for twenty (20) years. 5. Highest and Best Use • The subject site is adjacent to the Red Lion Hotel; The Brickrow Historic District/Heritage Square borders the site to the east while the parcel is across the street from the proposed Education Village. The site is zoned commercial and suitable for a small business. Interstate Freeway 5 (I-5) is two blocks distant. National City Blvd. has a daily traffic count at this location in excess of 20,000. With these factors, a small scale commercial development is the highest and best use. • The site is accessible to the business community and adjacent to the motel/hotel center of the city. The location of a Chamber of Commerce and a Visitor Center also fits the category of highest and best use for the site. The uses will encourage other visitor serving uses as well as provide businesses with valuable services. The building to be constructed will enhance the City's image and that of the surrounding area. Since the site is highly visible, the development will be an attraction to the area and compliment the redevelopment of the area. The present site is blighted and obsolete, thus the new development will remove the existing condition. Exhibit "A" : Health & Safety Code Section 33433 Exhibit "B" : Site Map Exhibit "B-1" : Site Plan Summary Report Page 3 of 3 §33433. Property Acquired with tax increment moneys; approval of sale or lease; hearing; notice; inspection and copying; vote required; findings; small housing projects (a)(1) Except as provided in subdivision (c), before any property of the agency acquired in whole or in part, directly or indirectly, with tax increment moneys is sold or leased for development pursuant to the redevelopment plan, the sale or lease shall first be approved by the legislative body by resolution published in a newspaper of general circulation in the community at least once per week for at least two successive weeks, as specified in Section 6066 of the Government Code, prior to the Hearing. (a)(2) The agency shall make available, for public inspection and copying at the cost not to exceed the cost of duplication, a report no later than the time of publication of the first notice of the hearing mandated by this section. This report shall contain both of the following: (A) A copy of the proposed sale or lease. (B) A summary which describes and specifies all of the following: (i) The cost of the agreement to the agency, including land acquisition costs, clearance costs, relocation costs, the costs of any improvements to be provided by the agency, plus the expected interest on any loans or bonds to finance the agreements. (ii) The estimated value of the interest to be conveyed or leased, determined at the highest and best uses permitted under the plan. (iii) The estimated value of the interest to be conveyed or leased, determined at the use and with the conditions, covenants, and development costs required by he sale or lease. The purchase price or present value of the lease payments which the lessor will be required to make during the term of the lease. If the sale price or total rental amount is less than the fair market value of the interest to be conveyed or leased, determined at the highest and best use consistent with the redevelopment plan, then the agency shall provide as part of the summary an explanation of the reason for the difference. (iv) An explanation of why the sale or lease of the property will assist in the elimination of blight, with reference to all supporting facts and materials relied upon in making this explanation. (v) The report shall be made available to the public no later than the time of publication of the first notice of the hearing mandated by this section. (b) The resolution approving the lease or sale shall be adopted by a majority vote unless the legislative body has provided by ordinance for a two-thirds vote for that purpose and shall contain a finding that the sale or lease of the moderate -income persons, and is consistent with the implementation plan adopted pursuant to Section 33490. The resolution shall also contain one of the following findings. Exhibit "A" Page 1 of 2 (1) The consideration is not less than the fair market value at its highest and best use in accordance with the plan. (2) The consideration is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale or lease. (c)(1) Subdivisions (a) and (b) shall not apply to the sale or lease of a small housing project, as defined in Section 33013, if the legislative body adopts a resolution that authorizes the agency to sell or lease a small housing project pursuant to this subdivision. The agency may sell or lease a small housing project pursuant to this subdivision if, prior to the sale or lease, the agency holds a public hearing pursuant to Section 33431. Any agency that has sold or leased a small housing project pursuant to this subdivision shall, within 30 days after the end of the agency's fiscal year in which the sale or lease occurred, file a report with the legislative body which disclose the name of the buyer, the legal description or street address of the property, the date of the sale or lease, the consideration for which the property was sold or leased by the agency to the buyer or lessee, and the date on which the agency held its public hearing for the sale or lease, pursuant to Section 33431. (c)(2) As used in this subdivision and Section 33413, "persons and families of low- and moderate -income" has the same meaning as that term is defined in Section 50093. Exhibit "A" Page 2 of 2 J 5 BLK 6 7 8 9 N /!s 10 N�21? LOT I 1/4 SEC. 154 M 188 LOT 2 1/4 SEC 154 M 186 N 20 25 18 I7 1 16 10 15 14. 13 I2 NII PLAZA SAN DIEGO COUNTY ASSESSORS MAP BOOK 556 PAGE ..47 N 0 9i44 1 p1 I. /724W' 23"E 58 57.50 57:30 Z12 Nrra•7n'E //3.42 9 ao DETAIL"A' - NO SCALE N7Z10 or /o "E 5t{L ^SPAR. 1 3 2 i 3� PAR.2Q41 I 5BLK SEE 6 oD_ETAIL7 ;!M5545 8 17.51041 n 5zso THIS MAP WAS PAEPA1�E ASSUED FOR THE ACC MAY MT COMPLY W Exhibit "B" VISITOR CENTER PDT/ER r RECEPTION WORKR00 HISTORY NINTH STREET COMMERCE Exhibit `B-1 " RESOLUTION NO. 2000 -116 RESOLUTION OF THE CITY COUNCIL OF THE CITY OP NATIONAL CITY APPROVING THE SALE OF REAL PROPERTY PURCHASED WITH REDEVELOPMENT FUNDS LOCATED ON THE SOUTHEAST CORNER OF 9m STREET AND NATIONAL CITY BOULEVARD (909 National City Boulevard) WHEREAS, the Community Development Commission of the City of National City (CDC) has entered into negotiations for the sale of real property with the National City Chamber of Commerce, the Developer, for development of a parcel located on the southeast corner of 9th Street and National City Boulevard; and WHEREAS, the developer proposes to construct an office building that includes a Visitor Center; and WHEREAS, in accordance with the California Community Redevelopment Law, Health and Safety Code Section 33433 (Law) a Summary Report Pertaining to the Sale of Real Property Relative to Sale Price (Summary Report) must be available for public review and a public hearing regarding said sale price must be held and certain findings made prior to the sale of the property. NOW, THEREFORE, BE IT RESOLVED, that the Notice of Public Hearing and Summary Report have been prepared and executed in accordance with the requirements of the Law. BE IT FURTHER RESOLVED that a public hearing regarding the sale of real property was held by the City Council on September 5, 2000. BE IT FURTHER RESOLVED that the City Council hereby binds that with a sale price of $86,250 and the terms and conditions of a Disposition and Development Agreement as described in the Summary Report, that said consideration is not less than the fair reuse value at the use and with the covenants and conditions authorized by the sale. BE IT FURTHER RESOLVED that the City Council hereby finds that the sale will assist in the elimination of blight. BE IT FURTHER RESOLVED that the City Council hereby finds that the sale is consistent with the implementation plan adopted pursuant to Health and Safety Code Section 33490. -- Signature Page to Follow -- Resolution No. 2000 - 116 September 5, 2000 Page Two PASSED and ADOPTED this 5th day of September 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: GeorgeHser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 5, 2000 AGENDA ITEM NO. 2 ITEM TITLE Resolution accepting the lowest responsive, responsible bid from Creativ Bus Sales, and authorizing the purchase of a new Bus for the Senior Cent PREPARED irir- 1 ' DEPARTMENT Brenda E. Hodges Purchasing EPL T As allowed by Purchasing Ordinance #1480, Section 16, this award will be made as a result of a contract awarded by the State of California for '2000/02 Modified Minivans and Paratransit Buses'. This contract is available to all municipalities for a 1.21% administrative fee to the State. The State contract included upgrades that are not required by the City of National City, and we are able to deduct these items and their cost. Additional items are required instead (lettering, rear 'help' bumper, electric passenger door entry, etc.). With equipment adds/deletes, National City's cost will be $42,743.68. I ErQvironmental Review x N / A Financial Statement $50,000 was budgeted and approved by Council as part of the Vehicle C.I.P. program for FY 00/01. 0 643-422-224-511 STAFF RECOMMENDATION In concurrence with the Equipment Maintenance Supervisor and the Directo of Parks & Recreation, the Purchasing Agent recommends that the award be made, and that authority be given to Purchasing Agent to issue resulting purchase order. BOARD/COMMISSION RECOMMENDATION n/a ATTACHMENTS (Listed isted Below) Proposal t'.,,,_ Resolution Resola,titm No. 2000-112 r. A-200 (Rv. 4/80) RESOLUTION NO. 2000 —112 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE LOWEST RESPONSIVE BID FROM CREATIVE BUS SALES, INC., AND AUTHORIZING THE PURCHASE OF A NEW BUS FOR THE SENIOR CENTER WHEREAS, the State of California has issued an award, based on competitive bidding to the lowest responsive, responsible bidder, Creative Bus Sales, Inc., for the purchase of 2000/02 Modified Minivans and Paratransit Buses; and WHEREAS, the Purchasing Agent has determined that the bidding procedures followed by the State of California fulfill the competitive bidding requirements of Chapter 2.60 of the National City Municipal Code, and that it would be beneficial to take advantage of the State of California's bidding process for the purchase of this vehicle; and WHEREAS, in accordance with National City Municipal Code Section 2.60.260, Cooperative Purchasing, of Chapter 2.60, Purchasing System, authority exists to purchase equipment based on a price established by competitive bidding by another public jurisdiction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Purchasing Agent is hereby authorized to execute on behalf of the City, a purchase order between Creative Bus Sales, Inc. and the City of National City to provide one a new bus for the Senior Center. PASSED and ADOPTED this 5t day of September, 2000. AI'I"hST: George H. Waters, Mayor APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, lII City Attorney AUG-15-2000 12:18 CRERTIVE BUS SALES 7149686144 P.02 Creative. Bus Sales, Inc. City of National City — Proposal (17) Passengers + Driver PUBLIC AGENCY/STATE CONTRACT August 15th, 2000 The Vehicle(s) To Be Provided In Accordance With State Of California Solicitation Specification #47273 As Written And/Or Amended And State of California Contract #1-00-23-15. The Following Changes Are Hereby Incorporated For The Specific Vehicles To Be Provided To The City of National City. PRICE CALCULATION! Cal Trans Type II Vehicle (2310-000-034-4) (Line Item 6) OPTIONS: o <Delete> - All ADA Wheelchair Equipment $ 37,142.00 ➢ (Add) — Paint Scheme (See Below) • (Add) — (1) Single Passenger Seat Y (Add) — (2) Double Passenger Seats ➢ (Add) — Electric Passenger Entry Door Y (Add) — Rear "Help" Bumper D (Add) — Lettering "National City Senior Center) Both Sides of Bus Option Total $ 1,995.00 Vehicle Price $ 39,137.00 Sales Tax ($ 39,137.00) x 7.75% 3,033.12 DMV - Exempt — Total — Each $ 42,170.12 +IOO,- State Administrative Fee = $ 301.37 04 °r" 13 :Sb STANDARD ITEMS: Seat Material Passengers — (Fabric — Dark Blue) Seat Material Driver — (Fabric — Dark Blue) Floor Color — (Gray) Paint Scheme — Same as ElDorado Brochure — Blue & White, (Upper Body Stripe, Lower Skirt Stripe, Dual Stripe Center of Body) Creative Bus Sales, Inc. 13).nif Don White Transit Sales August 15th, 2000 10870 Kalama River Road Fountain Valley, CA 92708-6003 AUG-15-2000 11:40 7149686144 Phone: (714) 968-1244 Fax: (714) 968-6144 97% P.02 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATESeptelober 5, 2000 3 AGENDA ITEM NO. ITEM TITLE .\ Resolution authorizing the sole source purchase of a Rescue Tool System from Champion Rescue Tools. PREPARED Brenda E. HodgesvV41 DEPARTMENT Purchasing EXPLANATION The Fire Department is in need of a new hydraulic rescue system. The Fire Department has chosen a system that is only available from the manufacturer (sole source). Justification for this brand versus other systems is contained in the attached memo. Purchasing Ordinance #1480, section 12, subsection a(2), allows the bid process to be waived when the commodity can be obtained from only one vendor. Total amount of award to Champion Rescue Tools would be $15,962.31: Product `(to include Cutter, $14,675.00 Spreader, Small Ram, Remote Control & Power Unit) Tax Freight Total Envircnmentcal Review X N/A Financial Statement Funds are available in FY 00/01 budget. STAFF RECOMMENDATION In concurrence with the Fire Department, the Purchasing Agent rec•mmends that the award be made to Champion Rescue Tools, and that authority be given to issue the resulting purchase order. BOARD/COMMISSION RECOMMENDATION n/a $1,137.31 $150.00 $15,962.31 Account No 001-412 25-521 ATTACHMENTS (Listed Below/ Memo from Holloway, dated 7/25/00 Resolution 2000 Retail Price List 2000-113 Resoltion No A-200 (Rev. 9/20) RESOLUTION NO. 2000 — 113 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SOLE SOURCE PURCHASE OF A NEW HYDRAULIC RESCUE SYSTEM FROM CHAMPION RESCUE TOOLS, INC. WHEREAS, the National City Fire Department is in need of a new hydraulic rescue system; and WHEREAS, the Fire Department has determined that the hydraulic rescue system manufactured by Champion Rescue Tool, Inc, is the only equipment that meets all of the Fire Department's specifications and requirements; and WHEREAS, Champion Rescue Tools, Inc., is the sole source for the Rescue Tool System; and WHEREAS, pursuant to National City Municipal Code Section 2.60.220(B), the bid process may be waived when the commodity can be obtained from only one vendor. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorize the Purchasing Agent to execute on behalf of the City, a purchase order between the City of National City and Champion Rescue Tools, Inc. for a new hydraulic rescue system. PASSED and ADOPTED this 5th day of September 2000. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: ‘f#—: George H. Eiser, III City Attorney Ilg George H. Waters, Mayor FROM: William Holloway SENT: Tuesday, July 25, 2000 TO: David Zietlow SUBJECT: Champion Rescue Tools As you know, I have been directed by the Rescue/Truck/Ops committee to put together the request for our new hydraulic rescue system. We have selected Champion Rescue Tools for that system. Because this equipment is almost $16,000 in cost, we must justify using Champion as a sole source. I have attached an official bid request that was sent to me by Champion for use in sole source applications. Their tools will meet all of these specifications. Other justification for sole source includes, but is not limited to: RC-5 CUTTER: • Provides 248,000 pounds of penetrating force. No other tool has this capability. • Has field changeable blades. Can be changed in less that one minute at a cost of $83. Other cutters must have their blades changed at.a shop and at a cost of almost $400. • Cuts the hardened A and B posts of newer cars in one cut. Other tools must use multiple cuts, if they are able to cut through the posts at all. RS-18 SPREADER • Substantially faster operation than other hydraulic tools. • Is the only tool with a parallel arc design. Other spreaders utilize a straight arc design that can slip and dislodge the tool, causing an unsafe situation. • Provides 16,000 pounds of force on any portion of the tips or arms to spread with as opposed to other tools that utilize only the tips. 7-4-.�:iUN-14-00 02:54 PM CHAMPION. RESCUE.TOOLS 909 982 0050 P.02 Champion Rescue Tools 2000 Retail Price List TOOLS Champion RC 5 Cutter (Includes one cutting blade installed) Champion RS 18 Spreader Champion "NEW" RS 11 "Mini" Spreader ° . $3,895 ``$4,995 $2,995 HAMS Champion RR 13-19 Small Ram (Requires a Remote Control Unit) "$995 Champion RR 21-33 Medium Ram (Requires a Remote Control Unit) $1,495 Single Remote Control Unit (Controls one ram) $695 Dual Remote Control Unit (Controls two rams) $795 POWER UNITS 6.5 HP Honda Light 3I?JO Power Unit. Connects and runs 2 tools `$3,995 s(ruuitaneously. 13 11P Honda $/UQ Power Unit. Connect 4 tools and runs $5,495 2 tools olmultaneoR . Electric Start, battery included, with pull start back up. Automatic compression release. Electric Power Unit - 220V - 20 Amp single tool hook up. $3,995 Electric Power Unit - 220V S HP SIMO (50 kw generator min, required) $4,695 T*RMAL PLASTIC HOSE SETS WITH COUPLERS Standard Thermal Set - 25' $435 Medium Thermal Set - 50' $850 Long thermal Set - 100' $1,650 Custom Sizes Available CUTTING AND CRIMPING BLAQS Cutting Blades (sets of 3) (mix and match possible) Crimping Blades (sets of 3) Note: All -HOSE SETS and TQQJ,,S have a 4 to I safety factor. All Champion Tools have a Ten Year Limited Warranty, Excluding Power Unit Engine and Battery, all Hoses and Couplers, and Blades and Spreader Arms Cali for availability and prices on Demo Units All prices are E.O.B. Upland, California, USA, Payable in US Dollars (Price Effective April 25, 2000 - Prices are subject to change without notice) $247 $247 11 1 1ct r"`I' City of National City, California COUNCIL AGENDA STATEMENT .,fEETING DATE September 5, 2000 4 AGENDA ITEM NO. ITEM TITKtSOLUTION AUTHORIZING ABANDONED VEHICLE ABATEMENT PROGRAM IMPROVEMENTS. PREPAR Y DEPARTMENT BY Mike Iglesias Police Department - EXPLANATION The Police Department is requesting approval of Resolution which would authorize the use of Abandoned Vehicle Abatement funds in the amount of $159,163 to hire two additional Abandoned Vehicle abatement officers and a part-time Senior Office Assistant and purchase operating equipment in order to expand the National City Police Department's abandoned vehicle enforcement efforts. Background The City of National City has been a participating member of the San Diego Abandon Vehicle Abatement Service Authority and has been impounding vehicles under the guidelines of the AVA policies and procedures. Our existing vehicle abatement program consists of one , full —time Police Service Officer, who is assigned to the Traffic Division. The AVA currently reimburses the City of National City for its personnel costs associated with vehicle abatement. Since the inception of the program, our vehicle abatement average has increased from approximately 100 vehicles to more than 400 vehicles annually. Also since our AVA program began, revenues into our AVA reserve have continuously exceeded the reimbursement received by the City. As of June 30, 2000, there was $235,098 in National City's AVA reserve. (continued) Environmental Review xx N/A Financial Statement The $159,163 cost of requested improvement will be funded from Abandoned Vehicles Abatement Authority reimbursements, The Police general fund budget will not be impacted. STAFF RECOMMENDATION Approve the Resoluion. atmt-wM — Mt& ',vtst ors L -7),,cc9unt No. ,a D BOARD !COMMISSION RECOMMENDATION Approved by unanimous vote by San Diego Abandoned Vehicle Abatement Service Authority at May 18, 2000 meeting. ATTACHMENTS ( Listed Below ) Proposed Resolution, Resolution No. A-200 (9/89) a. COUNCIL AGENDA STATEMENT RESOLUTION AUTHORIZING ABANDONED VEHICLE ABATEMENT PROGRAM IMPROVEMENTS PAGE 2 We have also determined through our proactive abatement efforts and existing code enforcement program, that the continuous quantity of potential vehicle abatements throughout the city exceeds the capacity of current resources and personnel. The presence of abandoned vehicles in our city adversely effect the safety, image, business environment and overall quality of life: To improve our abandoned vehicle enforcement efforts the Police Department is recommending adoption of the following proposal. Proposed Program Improvements The proposed Resolution would authorize the following Abandoned Vehicle Abatement Program improvements. a. The addition of two (2) full-time Abandoned Vehicle Abatement Officers to the National City Police Department Traffic Division. The Abandoned Vehicle Abatement Officers will exclusively be assigned the full-time duties of vehicle abatement under the provisions of the San Diego Abandoned Vehicle Abatement Service Authority and established policies and procedures. b. The addition of a part-time Senior Office Assistant. The responsibilities would include clerical support, development and maintenance of a database and tracking of statistical information related to abandoned vehicle enforcement. c. Purchase of one (1) fully equipped, fleet version 2000 Ford Expedition, including the purchase of emergency yellow advisory lights and strobes, and electrical support accessory systems, mobile radio unit, and cellular telephone, that would be used for the operational field duties of the Abandoned Vehicle Abatement Officers. d. Purchase of one (1) hand-held Motorola portable radio unit to be used for the operational field duties of the Abandoned Vehicle Abatement Officers. e. Purchase of one (1) laptop computer, modem, and associated software that would be used exclusively by the Abandon Vehicle Abatement Officers. The officer's laptop computers would be used to write their incident reports and work progress logs. COUNCIL AGENDA STATEMENT RESOLUTION AUTHORIZING ABANDONED VEHICLE ABATEMENT PROGRAM IMPROVEMENTS PAGE 3 f. Purchase one (1) desktop computer system, (1) laser jet printer and associated software to be used by the additional part-time Senior Office Assistant to maintain and track all incoming data on activities of the Abandoned Vehicle Abatement Officers. g. Purchase of one (1) digital camera and associated software to be used by Abandoned Vehicle Abatement Officers for the purpose of documenting vehicle abatements for possible litigation. h. Purchase of one (1) digital 8 mm camcorder and accessories to be used by the Abandoned Vehicle Abatement Officers for the purposed of documenting vehicle abatements for possible litigation. Cost of Proposed Improvements The cost of the proposed Abandoned Vehicle Abatement program improvements are as follows. a. Two (2) full-time Abandoned Veicle Abatement Officer positions including salary and benefits at $45,568 per year per officer. The salary includes cost of living increases totaling approximately 15% during the current Memorandum of Understanding between the National City Municipal Employee's Association and the City of National City, through June 30, 2002. Benefits are paid at a rate of 29.18%. COST: $ 91,136 b. One (1) part-time Senior Office Assistant position including salary and benefits. Part-time employees working nineteen hours per week or less are not subject to receiving city benefits. COST: $ 14,163 COUNCIL AGENDA STATEMENT RESOLUTION AUTHORIZING ABANDONED VEHICLE PROGRAM IMPROVEMENTS PAGE 4 c. One (1) fully equipped, fleet version, 2000 Ford Expedition, white with custom graphics package ($30,170. including service warranty and sales tax @ 7.75%), emergency advisory lights and strobe equipment and electrical support accessories ($3,771) per complete unit, including sales tax @ 7.75%), one (1) Motorola Digital Astron Spectra 800 MHZ mobile radio and associated mounting accessories ($4,849 per system, includes programming, modem, installation and extended service agreement, and sales tax @7.75%, and one (1) cellular telephone ($323. including installation, programming, warranty and sales tax @ 7.75%.). COST: $39,113 d. One (1) Motorola Sabre hand-held portable radio ($3,811 per unit Including programming, extended warranty service, and sales tax @ $7.75%) COST: $ 3,811 e. One (1) Panasonic CF-27 laptop computer. The average cost for a standard Police issued -Pentium laptop computer is approximately $6,000 per unit, (including software, network card, automated field reporting application, licenses modem & warranty). COST: $6,000 f. One (1) desktop computer system with all associated software and hook-ups. ($1,500 per computer, includes software & warranty). In addition, a LAN Local Area Netwark card for the desktop system that is required to access all Police Department and City computer systems (i.e ARJIS system, SUN system for DMV access, etc. This additional hardware card will allow the traffic office Senor Office Assistant to complete database research on vehicle abatements being sought by the team. COST: $ 1,500 g. One (1) HP 4050 HP laserjet printer and associated software ($1,500 (printer, includes software, & service warranty). COST: $ 1,500 COUNCIL AGENDA STATEMENT RESOLUTION AUTHORIZING ABANDONED VEHICLE ABATEMENT PROGRAM IMPROVEMENTS PAGE 5 h. One (1) digital camera and associated software (539 per camera, including warranty, and sales tax @ 7.75%) COST: $539 i. One (1) digital 8mm camcorder and accessories ($1,401 per camera, including warranty, and sales tax @7.75%). COST: $1,401 TOTAL PROPOSED ANNUAL PERSONNEL COSTS: $105,299 TOTAL PROPOSED EQUIPMENT COSTS: $ 53,864 TOTAL PROPOSED AVA PROGRAM IMPROVEMENTS: $159,163 As previously stated there is currently $235, 098 in our AVA reserve. The total first year costs of the proposed improvements is $159, 163 well within our AVA reserve resources. With regards to funding the personnel costs after the first year, during FY 1999/2000 our AVA fund revenues exceeded reimbursements to the City by $71, 518 increasing our AVA reserve by that amount. Although this rate of augmentation to the AVA reserve falls about $35,000 short of the ongoing $105, 299 of proposed personnel costs, it is anticipated that the increased activity from two full time AVA officers will easily make up this revenue. These proposed AVA program improvement were submitted to the San Diego County Abandoned Vehicle Abatement Service Authority and approved in their meeting on May 18, 2000. The Police Department recommends approval of the Resolution in order to improve our Abandoned Vehicle enforcement efforts and the overall image and quality of life in National City. RESOLUTION NO. 2000 - 114 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO UTILIZE ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY FUNDS TO HIRE PERSONNEL AND PURCHASE EQUIPMENT TO IMPROVE THE ABANDONED VEHICLE ABATEMENT PROGRAM WHEREAS, the presence of abandoned vehicles in National City adversely effects the safety, image, business environment and overall quality of life; and WHEREAS, the Abandoned Vehicle Abatement Service Authority ("AVA") currently reimburses the City for its personnel costs associated with vehicle abatement; and WHEREAS, since the inception of the program, National City's vehicle abatement average has increased from approximately 100 vehicles to more than 400 vehicles annually; and WHEREAS, the Police Department has determined through proactive abatement efforts and the existing code enforcement program, that the continuous quantity of potential vehicle abatements throughout the city exceed the capacity of current resources and personnel; and WHEREAS, the reimbursement funds available to National City from the AVA exceed the reimbursement requests from the City; and WHEREAS, the Police Department desires to hire two additional AVA abatement officers and a part-time Senior Office Assistant, and purchase operating equipment in order to expand the City's abandoned vehicle enforcement efforts. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City authorizes the Chief of Police to utilize AVA funds to hire two additional AVA abatement officers and a part-time Senior Office Assistant, and to purchase operating equipment in order to expand the City's abandoned vehicle enforcement efforts. PASSED and ADOPTED this 5th day of September, 2000. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk RudolfHra"decky Senior Assistant City Attorney For: George H. Eiser, III City Attorney AEETING DATE 09/05/00 City of National City, California COUNCIL AGENDA STATEMENT 5 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #08 PREPARED BY EXPLANATION ROBERT A. RABAGO DEPARTMENT FINANCE Ratification of Warrant Register #08 per Government Section Code 37208. Environmental Review N/A Financial Statement N/A >STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $375,152.88 Approved By• nance Dire Account No. BOARD I COMMISSION,RECOM EI DATION ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register #08 L, 2. Workers' Comp Warrant Register dated 08/16/00 A -too IA 99) ,JEETING DATE 09/05/00 City of National City, California COUNCIL AGENDA STATEMENT 6 AGENDA ITEM NO. ITEM TITLE REGISTER #09 PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE EXPLANATION Ratification of Warrant Register #09 per Government Section Code 37208. Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION I recommend ratification of these warrant, for a total Approved By: Finance Director Account No. BOARD / CO MfSSIONR CO ENDA ATTACHMENTS ( Listed Below ) 1. Warrant Register #09 2. Payroll dated 08/30/00 s3. Workers' Comp Warrant Register dated 08/24/00 A-200 (999) o „$1,896,289.70 Resolution No. Chief Skip DiCerchio Police Department Account No. City of National City, California COUNCIL AGENDA STATEMENT AJIEETING DATE September 5, 2000 it -ITEM TITLE AGENDA ITEM NO. TOWING AGREEMENT PREPARED BY DEPARTMENT Lieutenant William Os urn EXPLANATION Scc attached. Environmental Review Financial Statement STAFF RECOMMENDATION Approve the Resolution BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 7000-115 1. Towing Agreement 2. Resolution A-200 (9/80) COUNCIL AGENDA STATEMENT TOWING AGREEMENT - NCPD PAGE 2 EXPLANATION: There are two separate but identical (exception: Contractors Name) documents. These documents constitute Agreements between the City and two vendors, Tom Moynahan and A to Z Enterprises, Inc for City Towing, Impound and Storage Services. The document is comprehensive and sets minimum management, inspection and performance standards. Additionally, it defines the duties and responsibilities of all parties involved in the contractual relationship. Highlights of the Agreement include the following: Term: The term of this Agreement is five years with an option to extend the Agreement from one to five years at City Council discretion. Re -opener Clause: The Agreement provides for Re -Openers each two years into the Agreement. The Re -Openers provide the ability to renegotiate the monetary aspects of the Agreement including the Referral Fee, STOP Fee (30-day Impound Fee), and Fee Schedule. Termination of Agreement - Termination of this Agreement is defined in section 2.18 of the Agreement. Termination is for Cause. City Revenue: This Agreement represents never before realized City revenue. These new revenue sources are identified below: Referral Fee - During the term of this Agreement each Contractor will pay a Referral Fee to the City. For this first two years of this Agreement each Contractor will pay the City a flat rate fee of five thousand, five hundred and sixty five dollars ($5,565.00) per quarter. This represents an annual revenue source of $44,520.00. After the first two years of this Agreement the Referral Fee will be renegotiated and is expected to be based upon a per vehicle fee rather than a flat rate fee. A per vehicle Referral Fee will substantially increase City revenue above the $44,520.00 figure during the remaining three years of the Agreement. 30-Day Impound Fee — Pursuant to the departments' Serious Traffic Habitual Offender Program (STOP) certain vehicles are impounded and held for 30 days. When a STOP vehicle is impounded and held for the full 30-day period as required by state law, the City will receive 15% of the storage fee. If the Contractors Fee Schedule is approved as submitted, this 15% fee amounts to $90 per vehicle held for 30-days. It is difficult to estimate annual revenue from this source since it is based upon the number of vehicles impounded, held for 30 days and beyond. Lien Sale Fee — In the past the City received no benefit from a vehicle that was impounded by police and subsequently sold at lien sale by the Contractor. Under the terms of this new Agreement the City may receive some revenue to offset existing City administrative fees. Due to the requirements of state law defining the disbursement of lien sale proceeds, the revenue is anticipated to be minimal at best. COUNCIL AGENDA STATEMENT TOWING AGREEMENT - NCPD PAGE 3 EXPLANATION - Continued; City Administrative Fee's - Current City administrative fees as determined by the City Council are not impacted as a result of this Agreement. Current City Administrative Fee's (for the purposes of this Agreement) include the Negligent Vehicle Impound Release Fee (NVIR) Fee of $55.00, and the Serious Traffic Offender Program (STOP) Fee of $150.00. Public Convenience - Under the terms of this Agreement there is a significant improvement in public convenience. Currently, when the police impound a vehicle the owner of the vehicle goes directly to the tow yard to recover the vehicle. There they discover city administrative fees apply. The vehicle owner is then directed to the Police Department to verify the fees and amount. The vehicle owner is then directed to the Finance Department to pay the appropriate fees. The vehicle owner is then re -directed back to the Police Department to obtain a vehicle release. In some cases the vehicle owner is sent back to the Finance Department and in turn back to the Police Department. Finally the vehicle owner is directed back to the tow yard to pay the Contractors fees and recover the vehicle. This process is insufficient, cumbersome, frustrating and anger driven. Under the terms of this new Agreement the Contractor will collect all administrative fees on behalf of the City. However, in certain circumstances the vehicle owner may be directed to the Police Department to obtain a vehicle release before the Contractor will release the vehicle. But this Agreement will eliminate the bureaucratic "Run -Around" and hopefully reduce some of the public frustration and anger over the vehicle impound process. Workload Reduction — The City Finance Department will benefit in terms of workload reduction. Reasonably, the Finance Department personnel will not be burdened with frequent and daily vehicle owner, walk-ins to pay fines. Conversely, an additional burden will be placed on Police Department personnel to receive, account for and verify various fees received from Contractor. This fact is unfortunate but necessary. Contractor Fee Schedule - The Contractors Fee Schedule located at Attachment A does represent an increase in fees charged to the public for towing related services. However, these fees are not out of line or extraordinary when compared to fees charged in other San Diego County jurisdictions and when considering the term of other jurisdictional agreements and anticipated increases in Fee Schedules. RESOLUTION NO. 2000 —115 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF:NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH TOM MOYNAHAN TOWING COMPANY AND WITH A TO Z ENTERPRISES, INC. FOR TOWING AND IMPOUND SERVICES FOR THE CITY WHEREAS, the City of National City Police Department requires professional towing and impound services to maintain the safety of the public right-of-way and to seize and secure vehicles in accordance with the laws of the State of California and the Municipal Code, ordinances and regulations of the City of National City; and WHEREAS, the City Council has adopted policies and procedures for the selection and designation of two professional towing contractors to provide towing, impound and storage service upon the request of the Police Department; and WHEREAS, Tom Moynahan Towing Company and A to Z Enterprises, Inc. have a history of satisfactory service and have participated in a competitive process, and have been found to have the best qualifications and capability of providing the highest quality, professional towing services for the City of National City; and WHEREAS, the City desires to ,have two Contractors perform exclusive towing service within the City of National City and the aforementioned Contractors represent and warrant that they are experienced and staffed in a manner such that they are capable and prepared to deliver the services required by the City, all in accordance with the terms and conditions of written Agreements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Agreements with Tom Moynahan Towing Company and with A to Z Enterprises, Inc. for towing and impound services for the City. Said Agreements are on file in the Office of the City Clerk. PASSED and ADOPTED this 5th day of September, 2000. Al PEST: Michael R. Dalla, City Clerk George H. Waters, Mayor D AS TO FORM: By: Rudol Hradecky Senior Assistant City Attorn For: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN CITY OF NATION I=. OUND SERVICES (September 1, 2000 to August 31, 2005) TABLE OF CONTENTS Title & Section Page Number Recitals 1 1.0 DEFINITION OF TERMS 1.1 Police Tow 1 1.2 Police Referral Tow 1 1.3 On Demand Tow 2 1.4 Secondary Tow 2 1.5 Collision Tow 2 1.6 Response Time 2 1.7 Contract Year 2 1.8 Fee Schedule 2 1.9 Referral Fee 3 1.10 Negligent Vehicle Impound Release Fee 3 1.11 STOP Fee 3 1.12 30 Day Impound Fee 3 2.0 ADMINISTRATION and MANAGEMENT of AGREEMENT 2.1 Agreement Approval 3 2.2 Entire Agreement 4 2.3 Administration of Contract 4 2.4 Cooperation and Consultation 5 2.5 Compliance with Applicable Law 5 2.6 Licenses, Permits, Etc 5 2.7 Disputes 6 2.8 Mediation / Arbitration 6 2.9 Legal Fees 6 2.10 Indemnification and Hold Harmless 7 2.11 Business Records 7 2.12 Prohibition Against Use of Privileged Information 7 2.13 Independent Contractor 8 2.14. Assignment 8 2.15 Workers' Compensation 8 2.16 Non -Discrimination Provision 9 2.17 Conflict of Interest and Political Reform Act Obligation 9 2.18 Termination of Agreement 9 2.19 Charges and Fees 10 2.20 Inspection 10 2.21 Notice of Termination 10 i 3.0 TERMS of AGREEMENT, OPTIONS, and RE -OPENERS 3.1 Duration 11 3.2 Relevant Dates 11 3.3 Option for Extension 11 3.4 Re -Opener Clause - Referral Fee 11 3.5 Re -Opener Clause - Fee Schedule 12 3.6 Re -Opener Clause - 30 Day Impound Fee (STOP) 12 4.0 RESPONSE TIME, EXCEPTIONS and PENALTY ASSESSMENT 4.1 Response Time 12 4.2 Exceptions -Maximum Response Time 12 4.3 Response Time Computation 13 4.4 Response Time - Penalty 13 4.5 Response Time - Penalty Assessment 13 5.0 ON -CALL CONTRATOR and CONTRACTOR ROTATION SCHEDULE 5.1 Contractor On -Call & Rotation 14 6.0 GENERAL DUTIES, REQUIREMENTS and OBLIGATIONS 6.1 City of National City - Business License 15 6.2 Contractor Availability - Response to Service Requests 15 6.3 Contractor Availability - Vehicle Release 15 6.4 Business Office 15 6.5 Business Office Hours 15 6.6 Signs . 15 6.7 Customer Method of Payment - Towing or Storage Charges 16 6.8 Removal from Private Property 16 6.9 Notice to City - Private Property Impounds 16 6.10 Gratuities 16 6.11 Tow Truck Driver - On Scene Duties 17 6.12 Access to Stored Vehicle .17 6.13 Access to Stored Vehicle - Removal of Private Property 18 6.14 Access to Evidentiary Vehicles 18 6.15 Invoices 18 6.16 Vehicle Impound Control Card (PD form 250) 18 6.17 Proceeds from Lien Sale- 19 7.0 FEES 7.1 Fee Schedule 19 7.2 Secondary Tow Fees 19 ii 7.3 City Vehicle Tow Fees 20 7.4 Fees - Police Department Errors and Omissions 20 7.5 Referral Fee 20 7.6 Referral Fee - Due Date 21 7.7 Referral Fee - Late Fee 22 7.8 Referral Fee - Payments 22 7.9 Negligent Vehicle Impound Release Fee 22 7.10 NVIR Fee 22 7.11 NVIR Fee - Payment Due Date 22 7.12 NVIR Fee - Payments 23 7.13 NVIR Payment - Late Fee 23 7.14 STOP Impound Fee 23 7.15 STOP Impound Fees - Due Date 24 7.16 STOP Fee - Payment 24 7.17 STOP Fee - Late Fee 24 7.18 STOP - 30 Day Vehicle Impound Fees 24 7.19 30-Day Impound Fees - Due Date and Payment 25 8.0 VEHICLE RELEASE 8.1 General Rule - Vehicle Release 25 8.2 Exceptions to General Rule 25 8.3 Hit & Run Investigations - Mandatory Release 25 8.4 Questions, Problems, or Controversy Associated with Vehicle Release 26 8.5 Expert Training - DMV Document Identification 26 9.0 MINIMUM TRUCK EQUIPMENT and STORAGE LOT REQUIREMENTS 9.1 Minimum Tow Truck Requirements 26 9.2 Minimum Tow Truck Equipment Requirements 26 9.3 Tow Truck Identification 28 9.4 Tow Truck Lighting Equipment 28 9.5 California Highway Patrol Inspection Certification 28 9.6 Tow Truck Maintenance 28 9.7 Storage Lot, Minimum Requirements 28 9.8 Minimum Lighting Requirements - Storage Lot 29 9.9 Vehicle Examination Area 29 9.10 Secure Area - Evidentiary Vehicles 29 10.0 INSURANCE REQUIREMENTS A. Automobile Insurance 30 B. Garage Keeper's Legal Liability Insurance 30 C. Comprehensive General Liability Insurance 30 D. Workers' Compensation Insurance 30 iii 10.1 Primary Insurance 30 10.2 Claims Made vs. Occurrence Form 30 10.3 Aggregate Insurance Limits 31 10.4 Insurance Company 31 10.5 Insurance Certification Requirement 31 10.6 Insurance Requirement — Extension Option 31 10.7 Limitations of Liabilities and Obligations 31 10.8 Sub -Contractor Insurance Requirement 31 11.0 CONSTRUCTION of AGREEMENT 32 ATTACHMENT A Towing Fee Schedule 33 ATTACHMENT B NVIR Fee — Applicable CVC & NCMC Sections 34 ATTACHMENT C STOP Fee — Applicable CVC Sections 36 iv "TOWING AGREEMENT" This Agreement is made and entered into in the City of National City, State of California, on this First (1st) day of September, in the year.2000, by and between the City of National City, a municipal corporation, herein after referred to as "City", and Tom Moynahan, herein after referred to as "Contractor." RECITALS • Whereas, the City of National City Police Department requires professional towing and impound services to maintain the safety of the public right-of-way and to seize and secure vehicles in accordance with the laws of the State of California and the Municipal Code, ordinances and regulations of the City of National City; and • Whereas, the City Council, City of National City has adopted policies and procedures for the selection and designation of two professional towing contractors to provide towing, impound and storage service upon the request of the National City Police Department. Resolution Number 94-27, dated March 8, 1994. • Whereas, Tom Moynahan Towing Company has a history of satisfactory service and has participated in a competitive process, and together with another towing contractor has been found to have the best qualifications and capability of providing the highest quality, professional towing services for the City of National City; and • Whereas, the City of National City desires to have two Contractors perform exclusive towing service within the City of National City and Contractor represents and warrants they are experienced and staffed in a manner such that they are capable and prepared to deliver the services required by the City of National City within the time frames herein provided, all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, BE IT RESOLVED that the City of National City and Tom Moynahan do hereby mutually assent to the terms and conditions as follows: 1.0 DEFINITION OF TERMS 1.1 Police Tow shall mean the towing of vehicles at the direction of The National City Police Department where the consent of the owner or operator of the vehicle is not required under existing law. This shall include but is not limited to the towing of motor vehicles that are illegally parked, abandoned, evidence in a criminal investigation, disabled due to collision or mechanical failure or otherwise subject to the authority of the National City Police Department. 1.2 Police Referral Tow shall meanrthe towing of a vehicle by the National City Police Department, at the request of the vehicle owner or operator. Examples 1 include mechanically disabled vehicles, vehicles disabled as a result of collision, or any other circumstances where the public right-of-way is impacted. 1.3 On -Demand Tow means the towing of a vehicle by a specific Contractor that has been requested by the vehicle owner or operator without police involvement. On -Demand tows may include owners or agents of private property landholders who arrange for vehicle towing service from private property without police involvement. If the police department becomes involved in arranging for tow service the matter is considered a Referral Tow. On -Demand Tows are considered independent services outside the scope of this Agreement. 1.4 Secondary Tow is defined as the impound of a vehicle on orders of police under the authority of California Vehicle Code § 22655 or 22655.5 and the vehicle is brought to the National City Police Department for evidence processing. The secondary tow occurs when the police direct the original Contractor to retrieve and store the vehicle on Contractor's property. 1.5 Collision Tow The owner or operator of a vehicle involved in a non -criminal traffic collision may select a tow company of their own choosing. However, if in the opinion of the investigating police officer an unreasonable delay would result, or unnecessary delay would negatively impact access to the public right-of-way, the investigating officer may consider the matter a "Police Tow" and cause the removal of the vehicle. If the vehicle is towed on orders of the investigating officer, the officer shall complete the Vehicle Impound Control Card citing 22500 CVC as the authority for impound. No special hold or police authorized release is necessary. 1.6 Response Time is defined as the elapsed time between the relaying of the tow service request to the Contractor and the arrival of the tow truck on scene. 1.7 Contract Year is defined as any one year, 365 day period during the term of this agreement. The first contract year begins on September 1, 2000 and ends on August 31, 2001. The second contract year begins on September 1, 2001 and ends on August 31, 2002. The third contract year begins on September 1, 2002 and ends on August 31, 2003. There are five successive years in this contract. 1.8 Fee Schedule is defined as the fees charged by Contractor to the owner, operator, or agent of the subject vehicle for various services charged by Contractor. The fee schedule is approved and authorized by a majority vote of the City of National City, City Council. The fee schedule includes itemized charges for numerous towing and storage services including but not limited to hook up fees, dolly fees, daily storage fees, after -hour release fees, etc. The Fee Schedule is identified and located at Attachment A of this document. 2 1.9 Referral Fee is authorized by California Vehicle Code § 12110(b) and is defined as a quarterly fee charged to Contractor by City for the right to provide towing, impound and storage services for City. The Referral Fee is designed to offset actual and reasonable costs incurred by the police department to process and administer towing services. The Referral Fee may be adjusted throughout the term of this Agreement, consistent with Section 3.4, Re -Opener Clause. 1.10 Negligent Vehicle Impound Release Fee is authorized by City Council Resolution 96-1131, dated August 6, 1996. The Negligent Vehicle Impound Release Fee is defined as a fee charged to the owner, operator or agent of a vehicle that violated certain, specified sections of the California Vehicle Code or National City Municipal Code. The NVIR fee is currently established at fifty-five ($55) dollars. The NVIR fee may be adjusted during the term of the agreement at the discretion of the City Council. This fee is collected by Contractor on behalf of City. 1.11 S.T.O.P Fee The Serious Traffic Offender Program is a program partially funded by the California Department of Traffic Safety and authorized by the City Council, City of National City pursuant to Resolution Number 98-8. The program targets the unlicensed driver and provides for a 30-day impound of vehicles. A fee, designed to off -set the administrative costs of the program is authorized by the City Council under the authority of California Vehicle Code § 22850.5. The fee is currently set at one -hundred fifty ($150) dollars. The STOP fee may be adjusted during the term of this agreement at the discretion of the City Council. This fee is charged to the vehicle owner, operator or agent and is collected by Contractor on behalf of City 1.12 30 Day Impound Fee is defined as a percentage fee paid to City by Contractor, when a Serious Traffic Offender Program vehicle is held for 30 day storage. This fee is not applicable when a vehicle is released by City prior to the full 30-day period. Nothing in this section is intended to prevent or preclude the early release of a 30-day hold STOP vehicle if extraordinary circumstances warrant. 2.0 ADMINISTRATION and MANAGEMENT of AGREEMENT 2.1 Agreement Approval Any Agreement to provide towing services is subject to a substantive city administration review process. Such review process shall include but is not limited to review by the Chief of Police, City Attorney, Risk Manager, Finance Director and City Manager. No Agreement for towing service shall become effective until the City Council, City of National City has reviewed and approved the Agreement. 3 2.2 Entire Agreement This Agreement supersedes any prior agreements, documents, negotiations and communications, oral or written, and contains the entire Agreement between the parties as to towing and impound services. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 2.3 Administration of Contract Each party designates the below individuals as the "Contract Administrator" for the party. The Contract Administrator is authorized by the party to represent the party in the administration of this agreement. The Contract Administrator shall monitor the progress and execution of this Agreement. The Contract Administrator may delegate certain duties and responsibilities to subordinates to insure functional management, supervision and operation of this Agreement. Contract Administrator For The City of National City Chief of Police Anthony (Skip) DiCerchio 1200 National City Blvd National City, CA 91950 (619) 336-4511 Management and Operations Administrative Lieutenant National City Police Department 1200 National City Blvd National City, CA 91950 (619) 336-4480 Inspection & Operational Supervision Traffic Division Sergeant National City Police Department -1200 National City Blvd National City, CA 91950 (619) 336-4420 4 Contract Administrator For Tom Moynahan Owner Mr. Tom Moynahan 3200 National City Blvd. National City, CA 91950 (619)477-9362 2.4 Cooperation and Consultation The City and Contractor shall regularly consult during the term of this Agreement in order to achieve the objectives of this Agreement. Throughout the term of this Agreement, the City and Contractor shall permit mutual access to its offices, facilities, files and records relating to the operation and management of this agreement. Upon request of the City the Contractor shall provide copies of files, materials or records relating to the towing, impound, and disposition of any vehicle towed as a result of this agreement. Upon request, the City shall provide the Contractor with any annual report or management report relating to the towing and impound of vehicles towed as a result of this Agreement. Access to police files, records or materials does not include unrelated records, communications between City and the police department, any record which may infringe upon the privacy rights of any individual, or any file, record, or investigation determined by the police department to be privileged or confidential. 2.5 Compliance with Applicable Law The Contractor in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. 2.6 Licenses, Permits, Etc Contractor represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The Contractor represents and covenants that the Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this agreement, any license, permit, or approval which is legally required for the Contractor to practice its profession. 5 2.7 Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under any term of this Agreement which is not disposed of by this Agreement shall be decided by the Chief of Police who will furnish the decision to the Contractor in writing. Contractor shall proceed diligently with performance of this Agreement pending receipt of the decision of the Chief of Police. The decision of the Chief of Police is final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, arbitrary, capricious or so grossly erroneous as to necessarily imply bad faith. The "Disputes" clause does not and is not intended to preclude consideration of legal questions in connection with decisions provided in the above paragraph. Nothing in this Agreement shall be construed as making final the decision of any administrative official, representative, or council on a question of law. 2.8 Mediation / Arbitration If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The cost of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 2.9 Legal Fees If any party brings a suit or action against the other party arising from any alleged breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorneys' fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorneys' fees to the prevailing party if other than the City shall, in addition, be limited to the amount of attorneys' fees incurred by the City in its prosecution or defense of the action, irrespective of the actual amount of attorneys' fees incurred by the prevailing party. 2.10 Indemnification and Hold Harmless The Contractor agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damage, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the Contractor's performance of this Agreement. 2.11 Business Records (10650 CVC et seq.) Contractor shall maintain and retain data and records of all tow services furnished, including description of vehicles, nature of service, date, time of notification by City, time of tow truck dispatch, time of arrival of tow truck at scene, location of calls, total itemized charges of towing and storage, and the description of all vehicles towed and/or stored at the initiation of the City. If the vehicle is sold at lien sale, data shall be maintained documenting all liens against the vehicle, monies received as a result of the sale, identification of the purchaser, and the amount of monies forwarded to City and state. All such data and original towing and storage records shall be maintained in an accessible location. The Contractor shall make available and permit the City without notice during normal business hours to audit, examine and make excerpts, copies, or transcripts of all data and records with respect to the towing and storage of vehicles initiated by the City. If Contractor employs, assigns or contracts with a third -party vendor to manage or process the DMV required processing regarding lien sale vehicles, Contractor shall make available all relevant records, data or documents regarding lien sales. Contractor shall waive any privacy rights in order to permit City to inspect, review and copy any relevant record in possession of a third -party vendor. 2.12 Prohibition Against Use of Privileged Information Contractor shall not use for personal gain, transmit or disclose any privileged or confidential information that is acquired from or obtained as a result of information gathered from the management or operation of this agreement. For the purpose of this section, "Privileged or Confidential Information" shall include City or police department records unrelated to towing and storage of vehicles, DMV information, or Criminal History information. 2.13 Independent Contractor Contractor shall for all purposes arising out of this Agreement, be an independent Contractor. Contractor and employees of Contractor shall not be deemed employees or agents of City. It is expressly understood and agreed that the Contractor and its employees shall in no event, as a result of this Agreement, be entitled to any benefit to which City employees are entitled, including but not limited to overtime, retirement benefits, workers' compensation benefits, injury leave, medical leave, unemployment or any other leave benefits. Neither the City nor its officers, agents or employees shall have any control over the conduct of the Contractor or any of the Contractor's employees except as herein set forth, and the Contractor expressly agrees not to represent that the Contractor or the Contractor's agents, servants, or employees are in any manner agents, servants, and employees of the City, it being understood that the Contractor, its agents, servants, and employees are as to the City wholly independent contractors and that the Contractor's obligations to the City are solely such as are prescribed by this Agreement. 2.14 Assignment This Agreement contemplates the personal services of the Contractor and the Contractor's employees, and it is recognized by the parties that a substantial inducement to the City for entering into this Agreement was, and is, the professional reputation and competence of the Contractor and its employees. Neither this Agreement nor any interest herein may be assigned by the Contractor without the prior written consent of the City. Nothing herein contained is intended to prevent the Contractor from employing or hiring as many employees, or subcontractors, as the Contractor may deem necessary for the proper and efficient performance of this Agreement. All agreements by Contractor with its subcontractors(s) shall require the subcontractor to adhere to the applicable. terms of this Agreement 2.15 Workers' Compensation The Contractor shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the City and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorneys' fees and costs presented, brought or recovered against the City or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the Contractor under this Agreement. 8 2.16 Non -Discrimination Provision The Contractor will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The Contractor will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the City setting forth the provisions of this non-discrimination clause. 2.17 Conflict of Interest and Political Reform Act Obligations During the term of this Agreement, the Contractor shall not perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of National City. The Contractor also agrees not to specify any product, treatment, process or material for the project in which the Contractor has a material financial interest, either direct or indirect, without first notifying the City of that fact. The Contractor shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a direct or indirect financial interest as defined in Government Code Section 87103. The Contractor represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the City. Contractor further warrants and represents that Contractor will immediately advise the City Attorney if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purposes of the Political Reform Act, and regulations promulgated thereunder. The Contractor shall be strictly liable to the City for all damages, costs or expenses the City may suffer by virtue of any violation of this section by the Contractor. 2.18 Termination of Agreement This Agreement may be terminated immediately by the City for cause in the event of a material breach of this Agreement, misrepresentation by the Contractor in connection with the formation of this Agreement or the performance of services, 9 or the failure to perform services as directed by the City. Termination for cause shall be effected by delivery of written Notice of Termination to the Contractor as provided for in Section 2.21. In the event of termination, all finished or unfinished memoranda, reports, plans, specifications and other documents prepared by the Contractor, whether paper or electronic, shall immediately become the property of and be delivered to the City, and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the City by the Contractor's breach, if any. The City further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the Contractor; (2) a reorganization of the Contractor for the benefit of creditors; or (3) a business reorganization or change in business status of the Contractor. 2.19 Charges and Fees Contractor is authorized and responsible for the collection of all applicable towing and storage charges, and any fee authorized or required by City to defray costs to City for the management and operation of this agreement, prior to releasing a vehicle. 2.20 Inspection City shall require no less than an annual inspection of Contractor to insure conformance and -compliance with the provisions of the California Vehicle Code and this agreement. Responsibility for said inspection rests with the National City Police Department Traffic Division Sergeant and/or designee. Said inspections shall be conducted during normal business hours. Upon completion of inspection the Traffic Division Sergeant shall submit a written report to the Contract Administrators. 2.21 Notice of Termination All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered of certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by 10 registered, certified or ordinary mail, five (5) days, (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telex, telecopy, facsimile or fax, when sent. Any notices, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY Skip DiCerchio Chief of Police National City Police Department 1200 National City Blvd. National City, CA 91950 To the CONTRACTOR Mr. Tom Moynahan 3200 National City Blvd National City, CA 91950 3.0 TERM OF AGREEMENT, OPTIONS, and RE -OPENERS. 3.1 Duration The duration of this Agreement shall be five (5) successive years with an option for extension. 3.2 Relevant Dates This Agreement begins on September 1, 2000 and terminates on August 31, 2005. 3.3 Option for Extension Should the Contractor not desire to seek an extension; Contractor must notify the Chief of Police in writing no later than one hundred twenty (120) days prior to the termination date of this Agreement. Should the Contractor desire to renew this Agreement under the same terms and conditions, a written request shall be submitted to the Chief of Police no less than one hundred twenty (120) days prior to the termination date of the contract. At that time, the Chief of Police in consultation with City will determine if a one to a five-year extension of the Agreement is appropriate. 3.4 Re -Opener Clause— Referral Fee The purpose of the Referral Fee Re -Opener Clause is to verify data to demonstrate the appropriateness of the Referral Fee. After the first and second twenty-four consecutive month period of this agreement, City shall review all tow data and develop accurate records to determine the actual number of Police and 11 Referral Tows in each twenty-four month period. The Referral Fees may be adjusted up or down based upon the number of vehicles referred to the Contractor as determined by City. If appropriate, City shall consider implementing a per vehicle referral fee to offset costs incurred by the police department in processing and administering towing services. City shall also compare and consider referral fees charged by other law enforcement jurisdictions in San Diego County for towing services 3.5 Re -Opener Clause - Fee Schedule The purpose of the Fee Schedule Re -Opener Clause is to provide the Contractor the ability to adjust the fee schedule consistent with the community standard for police towing in San Diego County. After the first and second twenty-four consecutive month period of this contract, the Contractor may submit a request for increase in fee schedule to the Chief of Police. The request shall include a comparison of relevant fees in each law enforcement jurisdiction in San Diego County. City shall assist and consult with Contractor to provide Contractor with accurate data. The Chief of Police shall make.appropriate comments, recommendations and submit the material for City Council consideration. 3.6 Re -Opener Clause - 30 Day Impound Fee (STOP) The purpose of the Re -Opener Clause, 30-Day Impound Fee is to verify data to demonstrate the appropriateness of the 30-Day Impound Fee. After the first and. second twenty-four consecutive month period of this Agreement, City shall review all tow data and develop accurate records to determine the actual number of STOP vehicles held for a 30 day period versus the number of STOP vehicles not held for the 30 day period, in each twenty-four month period. The percentage 30-day impound fee may be adjusted up or down based upon the data. 4.0 RESPONSE TIME, EXCEPTIONS and PENALTY ASSESSMENT 4.1 Response Time Contractor shall respond to requests for towing services within a maximum time limit of twenty (20) minutes inside the jurisdictional limits of City. Due to the limited number of out of jurisdiction towing service requests, response times shall be evaluated on an individual basis. Complaints or irregularities involving out of jurisdiction towing requests shall be managed between the Contract Administrators. 4.2 Exception - Maximum Response Times Vehicles impounded by City for abatement (22660 CVC) or seventy-two (72) hour violations (22651 (k) CVC) from public or private property are generally exempt from response time requirements. Contractor may tow these vehicles at 12 Contractor's convenience but within forty-eight (48) hours of notification. Vehicles impounded under these sections shall not be considered in any response time calculation, penalty, or penalty asessment. It is recognized that some vehicle abatements or 72-hour vehicle impounds may require Contractor response pursuant, to section 4.1 due to public safety or right- of-way concerns. In these circumstances it is incumbent upon the impounding or investigating officer to advise dispatch that they are standing -by for the Contractor's response. The Dispatcher shall in turn notify Contractor, the officer is standing -by for Contractor, and the twenty -minute (20) minute response is applicable. 4.3 Response Time Computation Response time is computed from the time the police dispatcher notifies Contractor until the Contractor arrives on scene. The on -scene investigating officer shall notify dispatch of the tow truck arrival. The police department computer aided dispatch system shall be the final resolution of any actual time dispute regarding response times. Any failure to record relevant times by the on -duty dispatcher shall not be considered in any penalty assessment. 4.4 Response Time - Penalty Failure to arrive at the requested location within the prescribed response time may result in cancellation of the service request. The alternate Contractor may be notified. 4.5 Response Time - Penalty Assessment If more than five percent (5%) of the City jurisdictional towing service requests, in any sixty (60) day period exceed the maximum response time requirement, Contractor may be required to pay a two hundred dollar ($200) penalty. If more than five percent (5%) of the City jurisdictional towing service requests, in any second sixty (60) day period, within a contract year exceed the maximum response time requirement, Contractor may be required to pay a four hundred dollar ($400) penalty. If more than five percent (5%) of the City jurisdictional towing service requests, in any third sixty (60) day period, within any contract year, exceed the maximum response time requirement that shall constitute a failure to comply with the terms, conditions and requirements of this Agreement. Violations of this provision may result in termination of this Agreement. 13 5.0 ON -CALL CONTRACTOR and CON TRACTOR ROTATION SCHEDULE 5.1 Contractor On -Call & Rotation During the first contract year (September 1, 2000 to August 31, 2001) Tom Moynahan shall be responsible for all police tows, impounds and all referral tows beginning at 0000 hours on the first (1st) day of every month through the fifteenth (15th) day of every month. A to Z shall be responsible for all police tows, impounds and all referral tows beginning at 0000 hours on the sixteenth (16th) day of each month through the last day of each month. During the second contract year (September 1, 2001 to August 31, 2002) A to Z shall be responsible for all police tows, impounds and all referral tows beginning at 0000 hours on the first (1st) day of each month through the fifteenth (15th) day of each month. Tom Moynahan shall be responsible for all police tows, impounds and all referral tows beginning at 0000 hours bf the sixteenth (16th) day of each month through the last day of each month. During the third contract year (September 1, 2002 to August 31, 2003) Tom Moynahan shall be responsible for all police tows, impounds and all referral tows beginning at 0000 hours on the first (1d) day of every month through the fifteenth (15th) day of every month. A to Z shall be responsible for all police tows, impounds and all referral tows beginning at 0000 hours on the sixteenth (16th) day of each month through the last day of each month. During the fourth contract year (September 1, 2003 to August 31, 2004) A to Z shall be responsible for all police tows, impounds and all referral tows beginning at 0000 hours on -the first (1st) day of each month through the fifteenth (15th) day of each month. Tom Moynahan shall be responsible for all police tows,•impounds and all referral tows beginning at 0000 hours of the sixteenth (16th) day of each month through the last day of each month. During the fifth contract year (September 1, 2004 to August 31, 2005) Tom Moynahan shall be responsible for all police tows, impounds and all referral tows beginning at 0000 hours on the first (0) day of every month through the fifteenth (15th) day of every month. A to Z shall be responsible for all police tows, impounds and all referral tows beginning at 0000 hours on the sixteenth (16th) day of each month through the last day of each month. In the event this Agreement is extended pursuant to section 3.3 Option For Extension, the schedule will continue to rotate as reflected. 14 6.0 GENERAL DUTIES, REQUIREMENTS and OBLIGATIONS 6.1 City of National City - Business License Contractor shall at all times during the term of this Agreement retain a valid City Business License in compliance with National City Municipal Code § 6.04 Et seq. Contractor businesses and storage lots located within the jurisdictional limits of the City of National City must conform to all City of National City building ordinances, zoning regulations, land use requirements and must have the approval of the City Planning Department. 6.2 Contractor Availability — Response to Service Requests Contractor shall be available to promptly respond twenty-four (24) hours a day, seven (7) days a week including all holidays, consistent with the On -Call and Rotation Schedule, for all requests initiated by City for towing services. 6.3 Contractor Availability - Vehicle Release Contractor shall be available to release vehicles to their owners, agents or authorized representatives; twenty-four (24) hours a day, seven (7) days a week including all holidays. 6.4 Business Office Contractor shall maintain a functional business office within the location of the yard used to store police initiated tows. 6.5 Business Office Hours Contractor shall adequately staff their business office in order to remain open and available to meet the public during the normal business office hours of 0800 to 1700 hours, Monday through Friday. 6.6 Signs In compliance with California Civil Code § 3070 (E), Contractor shall display inside the business office, in plain view at the cashier's station, a sign. Said sign shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height, disclosing all storage fees and charges in force, including the maximum daily storage rate. Posting of the Fee Schedule (Attachment A) in the appropriate size and lettering complies with CCC § 3070 (E). Additionally, Contractor is required by California Vehicle Code § 22850.3 (b) to display in a conspicuous place a notice to the effect that a vehicle impounded at 15 the direction of the Police Department may only be released upon proof of current registration. Said notice must include the name and telephone number of the local police agency that caused the vehicle to be stored. 6.7 Method of Payment - Towing or Storage Charges (22651.1 CVC) At a minimum, Contractor shall accept a valid bank credit card or cash for payment of towing and storage by the registered owner, legal owner, or the owner's agent claiming the vehicle. Pursuant to California Civil Code § 1748.1, Contractor shall not impose a surcharge on a cardholder who elects to use a credit card in lieu of cash for payment of any fees pursuant to this Agreement. In addition, Contractor shall have sufficient funds on the premises to accommodate and make change in a reasonable monetary transaction. 6.8 Removal from Private Property Pursuant to California Vehicle Code § 22658(h) a towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner of private property or that owner's agent pursuant to this section if the owner of the vehicle or the owner's agent returns to the vehicle before it is removed from private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit. Pursuant to sub -section (i) (2), if a vehicle is released within 24 hours from the time the vehicle is brought into the storage facility, regardless of the calendar date, the storage charge shall be for only one day. Not more than one day's storage charge may be required for any vehicle released the same day that it is stored. 6.9 Notice to City - Private Property Impounds In addition to the requirements set forth in California Vehicle Code § 22658 Contractor agrees to notify the National City Police Department of all vehicle impounds from private property, within the jurisdictional limits of City, that result in storage of the vehicle. Notice shall include but not be limited to a complete description of the vehicle including the vehicle identification number, location of impound and name of property owner or agent who authorized the impound. Notice shall occur within one hour of taking possession of the vehicle. Generally, private property impounds are considered On -Demand Tows. 6.10 Gratuities (12110 CVC) Contractor or Contractor's employees shall not offer or provide City, and no City employee shall accept any direct or indirect commission, reduced fee, gift, recreation, favors, seasonal gratuity, or any compensation whatsoever from 16 Contractor. No City employee shall offer or provide Contractor with any gift, recreation, favor, seasonal gratuity, or any compensation whatsoever. No City employee is permitted to purchase a lien sold vehicle from Contractor that resulted from a police initiated tow or referral tow. City employees shall not purchase any vehicle or vehicle part from Contractor for a reduced fee or a fee below the prevailing rate as determined by industry standards. The intent of this section is to avoid the mere appearance of impropriety involving the contractual relationship. Contractor or Contractor's employees are prohibited from accepting any money or anything of value from a repair shop for delivery or the arranging of a delivery of a vehicle for the purpose of storage or repair. Nothing in this section is intended to preclude Contractor from charging a repair shop appropriate towing fees pursuant to the Fee Schedule. No benefit provided City by Contractor, or benefit provided Contractor by City, as defined in the terms and conditions of this Agreement that resulted from the process of negotiations, shall be considered agift or gratuity within the meaning of this section. 6.11 Tow Truck Driver - On -Scene Duties Upon arriving on -scene of a police initiated tow, the Contractor's employee shall report to the investigating Peace Officer in charge. The officer -in -charge shall make every reasonable effort to inform Contractor's employee of any unusual circumstance or hazardous condition. Contractor's employee shall make every reasonable effort to inform the officer -in -charge of any unusual circumstance or hazardous condition undetected by the officer -in -charge. Contractor's employee shall make every reasonable effort to comply with instructions or directions provided by the officer -in -charge. Contractor's employee may make any emergency alterations reasonably required to safely move and/or impound vehicles. Contractor shall be responsible for removing and appropriately disposing of collision related debris from the public right-of-way to ensure public safety. Contractor shall also remove or render inert any liquid debris that may reasonably be considered a safety hazard to the public -right-of-way. If the removal of any type of debris or hazardous material is beyond the capability of Contractor, Contractor's employee shall inform the officer -in -charge so accommodations can be made. 6.12 Access to Stored Vehicles During regular business hours, Contractor shall make vehicles stored at the request of City available to that vehicle's registered owner, a person who can be verified to be the registered owner's agent, insurance agents, insurance adjusters, 17 or representatives of automotive repair businesses for the purpose of estimating or appraising damages. 6.13 Access to Stored Vehicles - Removal of Private Property Pursuant to California Vehicle Code § 22851(b); No lien shall attach to any personal property in or on the vehicle. The personal property in or on the vehicle shall be given to the current registered owner or the owner's authorized agent upon demand. The lien holder shall not be responsible for personal property after any vehicle has been disposed of pursuant to Division 11, Chapter 10 of the California Vehicle Code. Pursuant to California Civil Code § 3068.1, the lien is deemed to arise on the date of possession of the vehicle. Possession is deemed to arise when the vehicle is removed and is in transit. 6.14 Access to Evidentiary Vehicles Vehicles impounded by City for investigative purposes pursuant to California Vehicle Code Sections 22655 or 22655.5 shall be held in maximally secured, non- public areas of Contractor's property, until the vehicle is released by order of City or in conformance with section 8.3 of this Agreement. No person other than a Peace Officer, Evidence Technician or Crime Scene Specialist employed by City shall remove any property or other contents from evidentiary vehicles. Property removed from such vehicles shall be recorded as removed on the content inventory and the content inventory dated and signed by the Peace Officer, Evidence Technician or Crime Scene Specialist removing the property and by a representative of the Contractor. 6.15 Invoices All invoices for towing and impounds pursuant to this Agreement shall clearly and individually itemize each and every specific charge or fee type. Daily storage fees shall be itemized on a per day basis, for example: 10 days storage @ $ per day. All itemized City fees of all types shall be documented on the invoice. The customer shall be provided no less than one copy of the invoice, after all fees have been paid and the invoice marked "Paid." 6.16 Vehicle Impound Control Card (PD form 250) A Vehicle Impound Control Card (PD Form 250) shall be completed for all police tows and police referral tows. A Vehicle Impound Control Card shall also be completed for all collision tows when the police order, direct or assist in obtaining a tow for a disabled vehicle. The impounding officer shall obtain a case number 18 and enter the case number on the control card before giving the tow truck driver a copy of the control card. Contractor shall not be liable for uncollected City or administrative fees when the Vehicle Impound Control Card (PD Form 250) is not properly completed by the impounding officer. PD Form 250 shall contain the lawful authority to impound pursuant to the California Vehicle Code. However, the impounding officer may elect to use the words "Admin Fee Applies" listed in the O 1'HER section of the form. 6.17 Proceeds from Lien sale In conformance with California Civil Code § 3073 and California Vehicle Code § 22850.5 the proceeds from the lien sale of any vehicle impounded pursuant to the Negligent Vehicle Impound Release (NVIR) program or the Serious Traffic Offender Program (STOP) shall be distributed in the following order: 1. Any and all costs necessary to discharge the lien, including but not limited to impound and storage fees, and the costs of processing the vehicle for lien sale shall be paid to the (lien holder) Contractor. 2. Any and all City administrative fees, including individual fees or any partial fees associated with the STOP and/or NVIR programs, shall be paid to City. Any partial fees recovered by City, resulting from the lien sale, shall first be attributed to the STOP program. 3. The balance, if any, shall be forwarded to the California Department of Motor Vehicles for deposit in the Motor Vehicle Account in the State Transportation Fund. 7.0 FEES 7.1 Fee Schedule Attachment A to this Agreement provides a complete schedule of all charges and fees the Contractor will be authorized to collect from consumers for towing, impound, and storage services rendered on behalf of City. The Attachment A rate schedule shall remain in place unless and until amended by the City Council, City of National City pursuant to section 3.4 Re -Opener — Fee Schedule, of this agreement. 7.2 Secondary Tow Fees Secondary towing fees are the responsibility of the vehicle owner, operator or agent. If it is determined that City is liable for the secondary tow fees, Contractor shall charge City 50% of the Basic Tow Fee for Secondary Tows, if applicable. 19 No storage fees shall accrue while the subject vehicle is in the actual possession of the National City Police Department. Police personnel shall not release a vehicle from the National City Police Department until all Contractor fees have been paid to Contractor by the vehicle owner, operator or agent. In the event a vehicle is released from the police department and Contractor fees were not paid, City shall be liable for the full fee. 7.3 City Vehicle Tow Fees Contractor agrees not to charge City a fee for the towing of marked or unmarked City police vehicles whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits of National City. Contractor shall charge City 50% of the Basic Tow Fee for the towing of all other City vehicles whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits of National City. Fees for all City vehicle tows including police vehicles, which occur outside the jurisdictional limits of National City, shall be resolved between the Contract Administrators but shall not exceed 50% of the basic tow fee. 7.4 Fees - Police Department Errors and Omissions When any vehicle has been ordered towed by City and it is established that the tow was in error through a mistake of fact, Contractor shall release the vehicle to its owner, operator or agent at no cost. Contractor shall bill City at no more than 50% of the basic tow fee. If an error by City results in a vehicle being stored longer than it can reasonably be established that it should have been, Contractor shall release the vehicle and bill the owner, operator or agent only those storage charges that would have accrued if no error had occurred. Contractor shall bill City storage fees at no more than $2.50 per day for every day beyond the owner, operator or agent's responsibility. If the error in towing or storage is discovered after the vehicle owner, operator or agent recovers the vehicle and all fees have been paid to Contractor, the owner, operator, or agent may be referred to the City Clerk, City of National City to file a Claim for Damages against City. 7.5 Referral Fee Contractor shall make quarterly Referral Fee payments to City for the right to provide towing and storage service to City. The minimum Referral Fee payment amount per Contractor shall be five thousand five hundred sixty five dollars ($5,565.) per quarter. The Referral Fee shall be payable for a period of five (5) 20 years subject to adjustments as defined in Section 3.4 — Re -Opener Clause - Referral Fee. 7.6 Referral Fee - Due Date The Referral Fee payment shall be due and payable no later than the fifteenth (15) day of the calendar month following the end of each quarter, pursuant to the following schedule: First Contract Year 1s` Quarter — December 15, 2000 2nd Quarter — March 15, 2001 3`d Quarter — June 15, 2001 4th Quarter — September 15, 2001 Second Contract Year 1s` Quarter — December 15, 2001 2ndQuarter — March 15, 2002 3rd Quarter — June 15, 2002 4th Quarter — September 15, 2002 Third Contract Year 1s` Quarter — 2nd Quarter 3rd Quarter — 4th Quarter — December 15, 2002 — March 15, 2003 June 15, 2003 September 15, 2003 Fourth Contract Year 1st Quarter — 2nd Quarter 3`d Quarter — 4th Quarter — December 15, 2003 — March 15, 2004 June 15, 2004 September 15, 2004 Fifth Contract Year 1s` Quarter — 2nd Quarter 3rd Quarter 4th Quarter — December 15, 2004 — March 15, 2005 — June 15, 2005 September 15, 2005 21 7.7 Referral Fee - Late Fee Any amount owed City beyond the due date, shall accrue interest each day the amount due is not paid, at an annual rate equal to twelve (12%) percent per annum, or at the maximum rate permitted by applicable law, whichever is lower. 7.8 Referral Fee - Payments The Referral Fee is payable to "City of National City." Payments shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd. National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the Referral Fee payment consistent with the terms of this agreement and forward the payment to the City Finance Department for deposit in Revenue Account Number 001-11000-3558. 7.9 Negligent Vehicle Impound Release Fee The Negligent Vehicle Impound Release Fee shall be an amount established by City and published in the City of National City Fee Schedule, (Resolution 96- 131), as amended. Said fee is currently fifty-five ($55) dollars. The NVIR fee is recognized as a necessary and effective method of generating those revenues necessary to off -set program costs, services and facilities. The NVIR fee applies only to vehicles released by Contractor for violating certain sections of the California Vehicle Code (CVC) and/or the National City Municipal Code (NCMC). See Attachment B for a list of applicable sections. 7.10 NVIR Fee Contractor shall collect the NVIR fee of fifty-five ($55.00) dollars per vehicle, upon the release of any vehicle impounded pursuant to the above listed California Vehicle Code sections. Contractor shall remit the collected fees to City pursuant to the below listed payment schedule. The collected NVIR fees shall be properly identified, and itemized. 7.11 NVIR Fee — Payment Due Date NVIR fees collected by Contractor shall be due and payable to City no later than the fifth (5th) day of each month and the twentieth (20th) day of each month. 22 Payments due on the fifth (5th) day of each month shall include and account for all vehicles released by Contractor between the sixteenth (16th) day of the month, and the last day of the month, (inclusive). Payments due on the twentieth (20t ) day of the month shall include and account for all vehicles released by Contractor between the first (1st) day of the month and the fifteenth (15th) day of the month, (inclusive). 7.12 NVIR Fee - Payments The NVIR Fee is payable to "City of National City." Payment shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd. National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the NVIR Fee payment, consistent with the terms of this agreement and forward the payment to the City Finance Department for deposit in Revenue Account Number 001-04049-3551. 7.13 NVIR Fee Payment - Late Fee Any amount owed City beyond the due date, shall accrue interest each day the amount due is not paid, at an annual rate equal to twelve (12%) percent per annum, or at the maximum rate permitted by applicable law, whichever is lower. 7.14 STOP Impound Fee The Serious Traffic Offender Program Fee shall be an amount established by City, pursuant to City Council Resolution Number 98-8. Said fee is currently one hundred fifty ($150) dollars. The STOP fee is recognized as a necessary and effective method of generating revenues necessary to off -set program costs, services and facilities. Vehicles impounded by City pursuant to the STOP program shall be released by City, upon expiration of a 30-day hold and shall only be released by City upon a showing of proof that the owner, operator or agent has a valid driver's license. Contractor shall collect STOP fees prior to the actual release of the vehicle. Contractor shall remit the collected STOP fees to City pursuant to the below listed payment schedule. The STOP fees shall be properly identified and itemized. The STOP fee applies only to vehicles impounded pursuant to certain California Vehicle Code Sections. See Attachment C for a list of applicable sections. 23 7.15 STOP Impound Fees - Due Date STOP program fees collected by Contractor shall be due and payable to City no later than the fifth (5th) day of each month and the twentieth (20th) day of each month. Payments due on the fifth (5th) day of each month shall include and account for all vehicles released by Contractor between the sixteenth (16th) day of the month, and the last day of the month, (inclusive). Payments due on the twentieth (20th ) day of the month shall include and account for all vehicles released by Contractor between the first (1st) day of the month and the fifteenth (15th) day of the month, (inclusive). 7.16 STOP Fee - Payment The STOP program fee is payable to "City of National City." Payment shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd. National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the STOP fees consistent with the terms of this agreement. The STOP fee of one -hundred fifty ($150) dollars per vehicle shall be divided and deposited with the City Finance Department as follows: Amount Revenue Account Number $125.00 $ 25.00 7.17 STOP - Late Fee 191-11000-3550 001-11000-3550 Any amount owed City beyond the due date, shall accrue interest each day the amount due is not paid, at an annual rate equal to twelve (12%) percent per annum, or at the maximum rate permitted by applicable law, whichever is lower. 7.18 STOP - 30 Day Vehicle Impound Fees Pursuant to the Serious Traffic Offender Program certain vehicles are impounded and held in impound for thirty (30) days. Said vehicles accrue Contractor's daily storage fees according to the attached Fee Schedule. In addition to any other administrative fees herein identified, Contractor shall pay CITY, fifteen (15%) percent of the total storage fee, when the vehicle is held for 30 days and 24 subsequently released to the vehicle owner, operator or agent. Any revenue recovered as a result of this section shall be used to defray and off -set police costs associated with the operation of the STOP program. This fifteen (15%) percent fee shall not apply to STOP vehicles not held for the 30-day period. This fee shall apply to the lien sale process, consistent with section 6.17 of this Agreement. 7.19 30-Day Impound Fees — Due Date and Payment Revenue received as a result of section 7.18, shall be distinguished from any other administrative fee or revenue and shall be due and payable consistent with sections 7.15 through 7.17. Any proceeds received from the STOP 30 Day Vehicle Impound shall be deposited into Revenue Account Number 191-11000- 3550. 8.0 VEHICLE RELEASE 8.1 General Rule — Vehicle Release As a general rule, Contractor shall be responsible for the release of all vehicles in Contractor's possession as a result of police initiated or referral tows. 8.2 Exceptions to General Rule Vehicles impounded pursuant to the following California Vehicle Code Sections shall not be released by Contractor. Contractor shall refer the vehicle owner, operator or agent to the police department to obtain a release: A: 22651 (p) - S.T.Q.P. Program B. 22651 (i) — Five or more Parking Citations C. 22655 — Hit & Run Investigation D. 22655.5 — Evidentiary Reasons 8.3 Hit & Run Investigation — Mandatory Release 22655(b) CVC Any vehicle impounded for hit & run investigation (20002 thru 20006 CVC), pursuant to the authority of California Vehicle Code § 22655, shall be released within 48 hours after removal from highway or private property. When determining the 48-hour period, weekends, and holidays shall not be included. Any vehicle not released by City within the maximum 48-hour period, shall be released by Contractor upon demand of the vehicle owner, operator or agent upon the expiration of the 48-hour period, regardless of City hold status. 25 8.4 Questions, Problems, or Controversy Associated with Vehicle Release In the event Contractor experiences problems, questions or controversy associated with a customer demanding the release of a police initiated or referral tow, Contractor shall notify the police department. Additionally, if Contractor discovers a questionable DMV document, an officer shall be dispatched to resolve the problem. 8.5 Expert Training - DMV Document Identification During the term of this Agreement and at Contractor's request, City shall provide Contractor, Contractor's employees, and new employees with training in the identification and recognition of all relevant California Department of Motor Vehicles documents including but not limited to California Drivers License and California Vehicle Registration documents. A recognized expert employed by the California Department of Motor Vehicles shall conduct training. Training shall include but not be limited to recognition and identification of counterfeit, altered, or forged California Driver's License and California Registration and Title Certificates. The Contract Administrators shall coordinate date, time and location of training. 9.0 MINIMUM TRUCK EQUI ENT and STORAGE LOT REQUIREMENTS During the term of this Agreement, Contractor shall meet the following minimum tow truck equipment requirements and storage lot requirements: 9.1 Minimum Tow Truck Requirements During the term of this Agreement, Contractor shall have available no less than three tow rigs ofat'least one -ton capacity Each tow rig shall have dual rear wheels. Each vehicle used for towing police impounds shall have a manufacturer's gross vehicle weight rating (GVWR) of not less than 14,500 pounds. In addition, Contractor shall have available one tow rig, commonly known as a "Sub -Garage Tow Vehicle," capable of entering and removing impounded vehicles from the underground parking garage of the National City Police Department. The sub -garage tow vehicle is a limited use vehicle and does not require dual wheels or a GVWR of 14,500 pounds. 9.2 Minimum Tow Truck Equipment Requirements Each tow truck responding to requests for police initiated towing and impound services shall be equipped with radio communications equipment capable of effecting two-way radio communications between the tow truck operator and 26 Contractor's dispatching operation. Citizen Band radios shall not be used to meet this requirement. Each tow truck shall have a maximum 8,000 pound capacity winch that is power driven by power takeoff from transmission, in both directions, and equipped with safety dogs or an adequate braking system. Winches must be fitted with a minimum of 100 feet of cable for recovery tasks. Roll back car carriers must be fitted with a minimum of 50 feet of cable. All cable (wire rope) must be maintained in good condition. Only wire rope with swaged ends, wedge locks or braided ends, with metal sleeves in the loops shall be approved for use under the terms of this agreement. Consistent with the California Code of Regulations, Title 13, § 1305(b), wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusted, kinked, badly worn, when there are 12 or more wires broken in lay length, or where there is other visible evidence of loss of strength. Contractor shall maintain dollies for use by in-service tow trucks providing police towing services to City. Each tow truck, with the exception of slide back carriers, shall carry its own set of dollies. Each tow truck shall be equipped with no less than two safety chains. No less than two safety chains shall be used for each vehicle being towed. Each safety chain shall be rated at no less than the rating specified by the original equipment manufacturer (OEM). The safety chains shall be securely affixed to the bed frame or wrecker boom, independent of the towing sling, bar, hitch, wheel lift, or under lift towing equipment. The towed vehicle shall be secured to the towing equipment independent of the safety chains by either two chains or two straps. All safety connections and attachments shall have a positive means, of sufficient strength, to ensure that the safety connection or attachment cannot become disengaged while in transit. Vehicles being transported on slide back carriers shall be secured by four fie down chains or straps, independent of the winch or loading cable. In addition to the requirements set forth in California Vehicle Code § 27700, City requires Contractor to equip each tow truck with red flares, lanterns or reflectors, hand tools (screw drivers, pliers, ratchet and sockets, crescent wrenches, metric and standard lug wrenches), bolt cutters, six foot crowbar, rope, broom, shovel, dustpan, fire extinguisher (dry chemical or carbon dioxide type), utility flood lamps, portable red taillights and stoplights for towed vehicles, equipment for opening locked vehicles, safety snubber chains, and a trash can with absorbent material. Each tow truck shall be equipped with disposable (one time use) latex or rubber gloves for use by Contractor's employees to prevent contamination or contact with potential blood borne pathogens. The decision to use said equipment rests solely with Contractor. 27 9.3 Tow Truck Identification Each tow truck responding to police initiated towing and impound services shall, on both sides of the vehicle, conspicuously bear Contractor's company name, local address, and local phone number(s) in lettering that complies with California Vehicle Code § 27907. 9.4 Tow Truck Lighting Equipment Each tow truck responding to police initiated towing and impound services shall be equipped with lighting systems as required by California Vehicle Code Sections 24605, 24606 and 25253. Additionally, tow trucks shall be equipped with utility lamp lighting systems than comply with California Vehicle Code § 25110. 9.5 California Highway Patrol Inspection Certification During each contract year of this Agreement,' Contractor shall obtain and retain an annual California Highway Patrol (CHP) tow truck safety inspection certification. Contractor shall annually be able to show proof that every vehicle providing services to the City has passed a CHP tow truck safety inspection. Tow trucks not passing inspections or meeting the requirements of this section shall immediately be removed from rotation. The tow truck may return to rotation once the truck has successfully passed a re -inspection by the original inspecting agency. Nothing in this section is intended to prevent, or preclude the National City Police Department from performing periodic unscheduled inspections to insure compliance with the requirements of the California Vehicle Code and this Agreement. 9.6 Tow Truck Maintenance Each tow truck responding to police initiated towing and impound services shall be well maintained and reasonably clean on the exterior and interior and should reflect the clean, professional image of the City of National City. 9.7 Storage Lot, Minimum Requirements In compliance with National City Municipal Code, Chapter 18.70, the storage yard must be a minimum of ten thousand (10,000) square feet devoted to the storage of vehicles. The storage yard shall be completely enclosed with a minimum eight (8) foot security fence, with poles embedded in concrete, and no further apart than six (6) feet. Construction of the fence and gates must be of sufficient construction to prevent entry into the storage area of unauthorized persons or vehicles. Additional security measures including but not limited to audible and/or silent alarm systems, video surveillance and recording systems are 28 encouraged but not required to meet the minimum standards of this. agreement. Vehicles and their contents must be kept safe from pilfering. The storage yard shall be served by drainage facilities adequate to prevent the accumulation of standing water. The vehicle storage area must remain free of mud, pools of standing water, debris, or other elements that would be harmful to the stored vehicle, vehicle contents, or to persons viewing, inspecting or recovering the vehicles. The vehicle storage area, including all driveways and access roads, shall be surfaced in a manner so as to prevent the listed conditions. An acceptable surface includes concrete, asphalt, asphaltic concrete, or decomposed granite with oil. All vehicles towed and stored, as a result of this Agreement, shall for the term of their storage, be contained within the confines of the storage yard. If Contractor's vehicle storage yard is located outside the jurisdictional limits of the City of National City, the above paragraph is not applicable. However, the Contractor shall comply with the law, rules, regulations, and ordinances of the local jurisdiction. 9.8 Minimum Lighting Requirements - Storage Lot There must be adequate lighting, and all yard and office construction must comply with applicable building codes, fire codes, and zoning regulations. The minimum lighting requirements per ten thousand (10,000) square feet are in effect unless zoning or other local regulations dictate increased or diminished lighting requirements: 1. Four (4) 300-Watt incandescent medium -wide flood lights, or 2. Three (3) 300-Watt quartz halogen lights, or 3. Two.(2) 100-Watt high-pressure sodium lights. 9.9 Vehicle Examination Area Contractor will set aside an area of sufficient size to place a standard sized passenger sedan and have a minimum of forty-eight (48") inches from each side, the front, and rear of the vehicle for the purpose of inspecting the vehicle. This examination area must be flat, level, and paved with concrete, asphalt or asphaltic -concrete, or other suitable all weather surfaces. 9.10 Secure Area - Evidentiary Vehicles Vehicles impounded by City for investigative purposes shall be held in a maximally secured, non-public area of Contractor's property until released by City. Contractor shall insure, by the use of various security devices and measures, including but not limited to walls, fences, containers, buildings or the like, that no unauthorized person, whether intentionally or accidentally can come into 29 physical contact with evidentiary vehicles. Located within the storage yard, Contractor shall set aside a secure area, sufficient in size to hold four (4) vehicles, with sufficient room to walk around, open doors, and examine each separate vehicle. 10.0 INSURANCE REQUIREMENTS The Contractor, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies: A. Automobile Insurance: Covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of one million ($1,000,000) dollars combined single limit per accident. Such automobile insurance shall include non -owned vehicles. B. Garage Keeper's Legal Liability Insurance: Coverage with limits of not less than one hundred thousand dollars ($100,000) for loss or injury to or destruction of any stored vehicles as a result of fire, theft, explosion, riot, and civil commotion or vandalism and malicious mischief. C. Comprehensive General Liability Insurance: With minimum limits of one million ($1,000,000) dollars combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' Compensation Insurance: Covering all of its employees and volunteers. 10.1 Primary Insurance The aforementioned policies shall constitute primary insurance as to the City, its officers, employees, and volunteers, so that any other policies held by the City shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the City of cancellation or material change. Said policies, except the workers' compensation policy, shall name the City and its officers, agents and employees as additional insureds. 10.2 Claims Made vs. Occurrence Form If required insurance coverage is provided on a "claims made" rather than "Occurrence" form, the Contractor shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. The policy retroactive date coincides with or precedes Contractor's commencement of work under this Agreement (including subsequent policies purchased as renewals or replacements). 30 10.3 Aggregate Insurance Limits Any aggregate insurance limits must apply solely to this Agreement. 10.4 Insurance Company Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A; VIII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the City's Risk Manager. Any deductibles more than ten thousand dollars ($10,000) shall be declared and approved by City. 10.5 Insurance Certification Requirement This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the City's Risk Manager. If the Contractor does not keep all of such insurance policies in full force and effect at all times during the terms of this agreement, the City may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and may terminate this Agreement as provided herein. 10.6 Insurance Requirement - Extension Option If this Agreement is extended beyond its original term pursuant to section 3.3, the insurance provisions may be updated at the option of City. 10.7 Limitations of Liabilities and Obligations The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor, and any approval of said insurance by the City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Agreement, including, but not limited to, the provisions concerning indemnification, section 2.10. 10.8 Sub -Contractor Insurance Requirement Contractor shall make certain that all subcontractors hired by Contractor are insured in accordance with this Agreement. If any subcontractor's coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold City harmless of and from any damage, loss, cost, or expense, including attorneys' fees. 31 11.0 CONSTRUCTION OF AGREEMENT The parties acknowledge and agree that (1) each party is of equal bargaining strength; (2) each party has actively participated in the drafting, preparation and negotiation of this Agreement; (3) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement; (4) each party and such party's counsel and advisors have reviewed this Agreement; (5) each party has agreed to enter into this Agreement following such review and the rendering of such advice; and (6) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any attachments, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY TOM MOYNAHAN By: By: George H. Waters, Mayor Tom Moynahan APPROVED AS TO FORM: George H. Eiser, III City Attorney (Title) 32 ATTACHMENT A TOWING FEE SCHEDULE SERVICE FEE BASIC TOWING Includes First Hour Hookup, Labor, Standby Time, for vehicles Under 9,500 GVW (unloaded). MEDIUM SIZE - BASIC TOWING Includes First Hour Hookup, Labor, Standby Time, for vehicles Over 9,500 GVW but less than 22,000 GVW (unloaded). LARGE SIZE - BASIC TOWING Includes First Hour Hookup, Labor, Standby Time, for vehicles Over 22,000 GVW (Unloaded). $100.00 $125.00 $150.00 ON -SCENE LABOR $ 25.00 Each 15-minute increment, beyond first hour. DOLLIES DRY RUN PER MILE TOWING Applies only to vehicles recovered outside the jurisdiction of the City of National City. MAXIMUM STORAGE - PER DAY Per day means 24 hour period. STORAGE PER HOUR Up to maximum of $20.00 per day. AFTER HOURS VEHICLE RELEASE After 5PM and before 8AM including weekends and all holidays. NOTIFICATION OF LIEN SALE Vehicle valued at less than $4,000, (22851.12 CVC). NOTIFICATION OF LIEN SALE Vehicle valued at over $4,000, (22851.12 CVC). POLICE EQUIPMENT TOWING Inside jurisdictional limits of National City. CITY EQUIPMENT TOWING Includes all City vehicles. Also includes police vehicles towed from outside jurisdictional limits of National City. CITY ADMINISTRATIVE FEE'S NEGLIGENT VEHICLE IMPOUND RELEASE FEE SERIOUS TRAFFIC OFFENDER PROGRAM FEE $ 35.00 $ 40.00 $ 3.00 $ 20.00 $ 4.00 $ 40.00 $ 70.00 $100.00 No Charge $ 50.00 $ 55.00 $150.00 33 ATTACHMENT B Pursuant to Section 7.9 of this Agreement, the Negligent Vehicle Impound Release Fee shall apply to vehicles impounded pursuant to the following California Vehicle Code sections and/or National City Municipal Code sections. One or more the listed sections must be included on the impounding documents. 22500 Et seq. 22500.1 22651 (a) 22651 (b) 22651 (d) 22651 (e) 22651 (h) 22651 (i) 22651 (j) 22651 (k) 22651 (I) 22651 (m) 22651 (n) 22651 (o) (1) 22651 (p) - 22651 (r) 22652 22653 (c) 22655 (a) California Vehicle Code Prohibited Stopping, Standing, or Parking Prohibited Stopping, Standing, or Parking: Fire Lane Unattended on Bridge Hazard to flow of traffic Blocking a driveway Blocking fire hydrant access Operator taken into custody — not practical to park or lock Unpaid parking citations Illegally parked and no evidence of registration displayed Parking over 72 hours Temporary tow away signs for street repair Highway authorization for other use, with 24-hour notice No parking tow away signs posted Expired registration in excess of six months Suspended or revoked license in violation of 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604. Illegally parked, blocking a legally parked vehicle Illegally parked in designated handicapped parking space Removal from private property, at request of property owner, when operator is taken into custody Hit & Run suspect vehicle 34 22656 Illegally parked or abandoned within 7 %: feet of nearest railroad rail 22669 Et seq. Removal of Abandoned Vehicles as determined pursuant to section 22523 CVC National City Municipal Code 11.32.060 Illegally parked - 72 hour violation — vehicle removal 11.32.070 Illegally parked - Restricted hours - vehicle removal 11.32.160 Illegally parked - Emergency parking - vehicle removal 11.32.250 (e) Illegally parked - Taxi Stand - vehicle removal 35 ATTACHMENT C Pursuant to Section 7.14 of this Agreement, the Serious Traffic Offender Program Fee shall apply to vehicles impounded pursuant to the following California Vehicle Code Sections. One or more of the following sections must be included on the impounding documents. California Vehicle Code 22651(p) - Includes Sections 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5 or 14604. 22651(h)(2) - Upon service of notice of an order of Suspension or Revocation, pursuant to 13388 CVC. 14602.6 - Unlicensed, Suspended or Revoked and involved in traffic collision. Sub -section (b) — Certified Mail, 2 day notice to legal owner. Failure to notify legal owner results in maximum fee for 15 days vehicle storage. 14602.7 Fleeing a Peace Officer — Court Order upon affidavit of Peace Officer, to seize vehicle, not to exceed 30 days. Failure to notify legal owner (2 days notice) results in maximum fee for 15 days vehicle storage. 14607.6 Impoundment and Forfeiture of Motor Vehicle. 36 AGREEMENT BY AND BETWEEN CITY OF NATIONAL CITY ANp (September 1, 2000 to August 31, 2005) TABLE OF CONTENTS Title & Section Page Number Recitals 1 1.0 DEFINITION OF TERMS 1.1 Police Tow 1 1.2 Police Referral Tow 1 1.3 On Demand Tow 2 1.4 Secondary Tow 2 1.5 Collision Tow 2 1.6 Response Time 2 1.7 Contract Year 2 1.8 Fee Schedule 2 1.9 Referral Fee 3 1.10 Negligent Vehicle Impound Release Fee 3 1.11 STOP Fee 3 1.12 30 Day Impound Fee 3 2.0 ADMINISTRATION and MANAGEMENT of AGREEMENT 2.1 Agreement Approval 3 2.2 Entire Agreement 4 2.3 Administration of Contract 4 2.4 Cooperation and Consultation 5 2.5 Compliance with Applicable Law 5 2.6 Licenses, Permits, Etc 5 2.7 Disputes 6 2.8 Mediation / Arbitration 6 2.9 Legal Fees 6 2.10 Indemnification and Hold Harmless 7 2.11 Business Records 7 2.12 Prohibition Against Use of Privileged Information 7 2.13 Independent Contractor 8 2.14 Assignment 8 2.15 Workers' Compensation 8 2.16 Non -Discrimination Provision 9 2.17 Conflict of Interest and Political Reform Act Obligation 9 2.18 Termination of Agreement 9 2.19 Charges and Fees 10 2.20 Inspection 10 2.21 Notice of Termination 10 3.0 TERMS of AGREEMENT, OPTIONS, and RE -OPENERS 3.1 Duration 11 3.2 Relevant Dates 11 3.3 Option for Extension 11 3.4 Re -Opener Clause - Referral Fee 11 3.5 Re -Opener Clause - Fee Schedule 12 3.6 Re -Opener Clause - 30 Day Impound Fee (STOP) 12 4.0 RESPONSE TIME, EXCEPTIONS and PENALTY ASSESSMENT 4.1 Response Time 12 4.2 Exceptions - Maximum Response Time 12 4.3 Response Time Computation 13 4.4 Response Time - Penalty 13 4.5 Response Time - Penalty Assessment 13 5.0 ON -CALL CONTRATOR and CONTRACTOR ROTATION SCHEDULE 5.1 Contractor On -Call & Rotation 14 6.0 GENERAL DUTIES, REQUIREMENTS and OBLIGATIONS 6.1 City of National City - Business License 15 6.2 Contractor Availability - Response to Service Requests 15 6.3 Contractor Availability - Vehicle Release 15 6.4 Business Office 15 6.5 Business Office Hours 15 6.6 Signs 15 6.7 Customer Method of Payment - Towing or Storage Charges 16 6.8 Removal from Private Property 16 6.9 Notice to City - Private Property Impounds 16 6.10 Gratuities 16 6.11 Tow Truck Driver - On Scene Duties 17 6.12 Access to Stored Vehicle 17 6.13 Access to Stored Vehicle - Removal of Private Property 18 6.14 Access to Evidentiary Vehicles 18 6.15 Invoices 18 6.16 Vehicle Impound Control Card (PD form 250) 18 6.17 Proceeds from Lien Sale- 19 7.0 FEES 7.1 Fee Schedule 19 7.2 Secondary Tow Fees 19 ii 7.3 City Vehicle Tow Fees 20 7.4 Fees - Police Department Errors and Omissions 20 7.5 Referral Fee 20 7.6 Referral Fee - Due Date 21 7.7 Referral Fee - Late Fee 22 7.8 Referral Fee - Payments 22 7.9 Negligent Vehicle Impound Release Fee 22 7.10 NVIR Fee 22 7.11 NVIR Fee - Payment Due Date 22 7.12 NVIR Fee - Payments 23 7.13 NVIR Payment - Late Fee 23 7.14 STOP Impound Fee 23 7.15 STOP Impound Fees - Due Date 24 7.16 STOP Fee - Payment 24 7.17 STOP Fee - Late Fee 24 7.18 STOP - 30 Day Vehicle Impound Fees 24 7.19 30-Day Impound Fees - Due Date and Payment 25 8.0 VEHICLE RELEASE 8.1 General Rule - Vehicle Release 25 8.2 Exceptions to General Rule 25 8.3 Hit & Run Investigations - Mandatory Release 25 8.4 Questions, Problems, or Controversy Associated with Vehicle Release 26 8.5 Expert Training - DMV Document Identification 26 9.0 MINIMUM TRUCK EQUIPMENT and STORAGE LOT REQUIREMENTS 9.1 Minimum Tow Truck Requirements 26 9.2 Minimum Tow iruCk Equipment Requirements 26 9.3 Tow Truck Identification 28 9.4 Tow Truck Lighting Equipment 28 9.5 California Highway Patrol Inspection Certification 28 9.6 Tow Truck Maintenance 28 9.7 Storage Lot, Minimum Requirements 28 9.8 Minimum Lighting Requirements - Storage Lot 29 9.9 Vehicle Examination Area 29 9.10 Secure Area - Evidentiary Vehicles 29 10.0 INSURANCE REQUIREMENTS A. Automobile Insurance 30 B. Garage Keeper's Legal Liability Insurance 30 C. Comprehensive General Liability Insurance 30 D. Workers' Compensation Insurance 30 iii 10.1 Primary Insurance 30 10.2 Claims Made vs. Occurrence Form 30 10.3 Aggregate Insurance Limits 31 10.4 Insurance Company 31 10.5 Insurance Certification Requirement 31 10.6 Insurance Requirement — Extension Option 31 10.7 Limitations of Liabilities and Obligations 31 10.8 Sub -Contractor Insurance Requirement 31 11.0 CONSTRUCTION of AGREEMENT 32 ATTACHMENT A Towing Fee Schedule 33 ATTACHMENT B NVIR Fee — Applicable CVC & NCMC Sections 34 ATTACHMENT C STOP Fee — Applicable CVC Sections 36 iv "TOWING AGREEMENT" This Agreement is made and entered into in the City of National City, State of California, on this First (1s) day of September, in the year 2000, by and between the City of National City, a municipal corporation, herein after referred to as "City", and A to Z Enterprises, Inc, herein after referred to as "Contractor." RECITALS • Whereas, the City of National City Police Department requires professional towing and impound services to maintain the safety of the public right-of-way and to seize and secure vehicles in accordance with the laws of the State of California and the Municipal Code, ordinances and regulations of the City of National City; and • Whereas, the City Council, City of National City has adopted policies and procedures for the selection and designation of two professional towing contractors to provide towing, impound and storage service upon the request of the National City Police Department. Resolution Number 94-27, dated March 8, 1994. • Whereas, A to Z Enterprises, Inc. has a history of satisfactory service and has participated in a competitive process, and together with another towing contractor has been found to have the best qualifications and capability of providing the highest quality, professional towing services for the City of National City; and • Whereas, the City of National City desires to have two Contractors perform exclusive towing service within the City of National City and Contractor represents and warrants they are experienced and staffed in a manner such that they are capable and prepared to deliver; the services required by the City of National City within the time frames herein provided, all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, BE IT RESOLVED that the City of National City and A to Z Enterprises, Inc. do hereby mutually assent to the terms and conditions as follows: 1.0 DEFINITION OF TERMS 1.1 Police Tow shall mean the towing of vehicles at the direction of The National City Police Department where the consent of the owner or operator of the vehicle is not required under existing law. This shall include but is not limited to the towing of motor vehicles that are illegally parked, abandoned, evidence in a criminal investigation, disabled due to collision or mechanical failure or otherwise subject to the authority of the National City Police Department. 1.2 Police Referral Tow shall mean the towing of a vehicle by the National City Police Department, at the request of the vehicle owner or operator. Examples include mechanically disabled vehicles, vehicles disabled as a result of collision, or any other circumstances where the public right-of-way is impacted. 1.3 On -Demand Tow means the towing of a vehicle by a specific Contractor that has been requested by the vehicle owner or operator without police involvement. On -Demand tows may include owners or agents of private property landholders who arrange for vehicle towing service from private property without police involvement. If the police department becomes involved in arranging for tow service the matter is considered a Referral Tow. On -Demand Tows are considered independent services outside the scope of this Agreement. 1.4 Secondary Tow is defined as the impound of a vehicle on orders of police under the authority of California Vehicle Code § 22655 or 22655.5 and the vehicle is brought to the National City Police Department for evidence processing. The secondary tow occurs when the police direct the original Contractor to retrieve and store the vehicle on Contractor's property. 1.5 Collision Tow The owner or operator of a vehicle involved in a non -criminal traffic collision may select a tow company of their own choosing. However, if in the opinion of the investigating police officer an unreasonable delay would result, or unnecessary delay would negatively impact access to the public right-of-way, the investigating officer may consider the matter a "Police Tow" and cause the removal of the vehicle. If the vehicle is towed on orders of the investigating officer, the officer shall complete the Vehicle Impound Control Card citing 22500 CVC as the authority for impound. No special hold or police authorized release is necessary. 1.6 Response Time is defined as the elapsed time between the relaying of the tow service request to the Contractor and the arrival of the tow truck on scene. 1.7 Contract Year is defined as any one year, 365 day period during the term of this agreement. The first contract year begins on September 1, 2000 and ends on August 31, 2001. The second contract year begins on September 1, 2001 and ends on August 31, 2002. The third contract year begins on September 1, 2002 and ends on August 31, 2003. There are five successive years in this contract. 1.8 Fee Schedule is defined as the fees charged by Contractor to the owner, operator, or agent of the subject vehicle for various services charged by Contractor. The fee schedule is approved and authorized by a majority vote of the City of National City, City Council. The fee schedule includes itemized charges for numerous towing and storage services including but not limited to hook up fees, dolly fees, daily storage fees, after -hour release fees, etc. The Fee Schedule is identified and located at Attachment A of this document. 1.9 Referral Fee is authorized by California Vehicle Code § 12110(b) and is defined as a quarterly fee charged to Contractor by City for the right to provide towing, impound and storage services for City. The Referral Fee is designed to offset actual and reasonable costs incurred by the police department to process and administer towing services. The Referral Fee may be adjusted throughout the term of this Agreement, consistent with Section 3.4, Re -Opener Clause. 1.10 Negligent Vehicle Impound Release Fee is authorized by City Council Resolution 96-1131, dated August 6, 1996. The Negligent Vehicle Impound Release Fee is defined as a fee charged to the owner, operator or agent of a vehicle that violated certain, specified sections of the California Vehicle Code or National City Municipal Code. The NVIR fee is currently established at fifty-five ($55) dollars. The NVIR fee may be adjusted during the term of the agreement at the discretion of the City Council. This fee is collected by Contractor on behalf of City. 1.11 S.T.O.P Fee The Serious Traffic Offender Program is a program partially funded by the California Department of Traffic Safety and authorized by the City Council, City of National City pursuant to Resolution Number 98-8. The program targets the unlicensed driver and provides for a 30-day impound of vehicles. A fee, designed to off -set the administrative costs of the program is authorized by the City Council under the authority of California Vehicle Code § 22850.5. The fee is currently set at one -hundred fifty ($150) dollars. The STOP fee may be adjusted during the term of this agreement at the discretion of the City Council. This fee is charged to the vehicle owner, operator or agent and is collected by Contractor on behalf of City 1.12 30 Day Impound Fee is defined as a percentage fee paid to City by Contractor, when a Serious Traffic Offender Program vehicle is held for 30 day storage. This fee is not applicable when a vehicle is released by City prior to the full 30-day period. Nothing in this section is intended to prevent or preclude the early release of a 30-day hold STOP vehicle if extraordinary circumstances warrant. 2.0 ADMINISTRATION and MANAGEMENT of AGREEMENT 2.1 Agreement Approval Any Agreement to provide towing services is subject to a substantive city administration review process. Such review process shall include but is not limited to review by the Chief of Police, City Attorney, Risk Manager, Finance Director and City Manager. No agreement for towing service shall become effective until the City Council, City of National City has reviewed and approved the Agreement. 3 2.2 Entire Agreement This Agreement supersedes any prior agreements, documents, negotiations and communications, oral or written, and contains the entire Agreement between the parties as to towing and impound services. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 2.3 Administration of Contract Each party designates the below individuals as the "Contract Administrator" for the party. The Contract Administrator is authorized by the party to represent the party in the administration of this Agreement. The Contract Administrator shall monitor the progress and execution of this agreement. The Contract Administrator may delegate certain duties and responsibilities to subordinates to insure functional management, supervision and operation of this Agreement. Contract Administrator For The City of National City Chief of Police Anthony (Skip) DiCerchio 1200 National City Blvd National City, CA 91950 (619)336-4511 Management and Operations Administrative Lieutenant National City Police Department 1200 National City Blvd National City, CA 91950 (619) 336-4480 Inspection & Operational Supervision Traffic Division Sergeant National City Police Department -1200 National City Blvd National City, CA 91950 (619) 336-4420 4 Contract Administrator For A to Z Enterprises, Inc. General Manager Mr. Brad Ramsey 9190 Clairemont Mesa Blvd San Diego, CA 92123 (858) 492-5201 2.4 Cooperation and Consultation The City and Contractor shall regularly consult during the term of this Agreement in order to achieve the objectives of this Agreement. Throughout the term of this Agreement, the City and Contractor shall permit mutual access to its offices, facilities, files and records relating to the operation and management of this agreement. Upon request of the City the Contractor shall provide copies of files, materials or records relating to the towing, impound, and disposition of any vehicle towed as a result of this agreement. Upon request, the City shall provide the Contractor with any annual report or management report relating to the towing and impound of vehicles towed as a result of this Agreement. Access to police files, records or materials does not include unrelated records, communications between City and the police department, any record which may infringe upon the privacy rights of any individual, or any file, record, or investigation determined by the police department to be privileged or confidential. 2.5 Compliance with Applicable Law The Contractor in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. 2.6 Licenses, Permits, Etc Contractor represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The Contractor represents and covenants that the Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this agreement, any license, permit, or approval which is legally required for the Contractor to practice its profession. 5 2.7 Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under any term of this Agreement which is not disposed of by this Agreement shall be decided by the Chief of Police who will furnish the decision to the Contractor in writing. Contractor shall proceed diligently with performance of this Agreement pending receipt of the decision of the Chief of Police. The decision of the Chief of Police is final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, arbitrary, capricious or so grossly erroneous as to necessarily imply bad faith. The "Disputes" clause does not and is not intended to preclude consideration of legal questions in connection with decisions provided in the above paragraph. Nothing in this Agreement shall be construed as making final the decision of any administrative official, representative, or council on a question of law. 2.8 Mediation / Arbitration If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The cost of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the .parties to the arbitration, provided that each party shall pay for and bear the cost of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 2.9 Legal Fees If any party brings a suit or action against the other party arising from any alleged breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out--of-court settlement, shall be entitled to have and recover from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorneys' fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. 6 Attorneys' fees to the prevailing party if other than the City shall, in addition, be limited to the amount of attorneys' fees incurred by the City in its prosecution or defense of the action, irrespective of the actual amount of attorneys' fees incurred by the prevailing party. 2.10 Indemnification and Hold Harmless The Contractor agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damage, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the Contractor's performance of this Agreement. 2.11 Business Records (10650 CVC et seq.) Contractor shall maintain and retain data and records of all tow services furnished, including description of vehicles, nature of service, date, time of notification by City, time of tow truck dispatch, time of arrival of tow truck at scene, location of calls, total itemized charges of towing and storage, and the description of all vehicles towed and/or stored at the initiation of the City. If the vehicle is sold at lien sale, data shall be maintained documenting all liens against the vehicle, monies received as a result of the sale, identification of the purchaser, and the amount of monies forwarded to City and state. All such data and original towing and storage records shall be maintained in an accessible location. The Contractor shall make available and permit the City without notice during normal business hours to audit, examine and make excerpts, copies, or transcripts of all data and records with respect to the towing and storage of vehicles initiated by the City. If Contractor employs, assigns or contracts with a third -party vendor to manage or process the DMV required processing regarding lien sale vehicles, Contractor shall make available all relevant records, data or documents regarding lien sales. Contractor shall waive any privacy rights in order to permit City to inspect, review and copy any relevant record in possession of a third -party vendor. 2.12 Prohibition Against Use of Privileged Information Contractor shall not use for personal gain, transmit or disclose any privileged or confidential information that is acquired from or obtained as a result of information gathered from the management or operation of this agreement. For the purpose of this section, "Privileged or Confidential Information" shall include City or police department records unrelated to towing and storage of vehicles, DMV information, or Criminal History information. 2.13 Independent Contractor Contractor shall for all purposes arising out of this Agreement, be an independent Contractor. Contractor and employees of Contractor shall not be deemed employees or agents of City. It is expressly understood and agreed that the Contractor and its employees shall in no event, as a result of this Agreement, be entitled to any benefit to which City employees are entitled, including but not limited to overtime, retirement benefits, workers' compensation benefits, injury leave, medical leave, unemployment or any other leave benefits. Neither the City nor its officers, agents or employees shall have any control over the conduct of the Contractor or any of the Contractor's employees except as herein set forth, and the Contractor expressly agrees not to represent that the Contractor or the Contractor's agents, servants, or employees are in any manner agents, servants, and employees of the City, it being understood that the Contractor, its agents, servants, and employees are as to the City wholly independent contractors and that the Contractor's obligations to the City are solely such as are prescribed by this Agreement. 2.14 Assignment This Agreement contemplates the personal services of the Contractor and the Contractor's employees, and it is recognized by the parties that a substantial inducement to the City for entering into this Agreement was, and is, the professional reputation and competence of the Contractor and its employees. Neither this Agreement nor any interest herein may be assigned by the Contractor without the prior written consent of the City. Nothing herein contained is intended to prevent the Contractor from employing or hiring as many employees, or subcontractors, as the Contractor may deem necessary for the proper and efficient performance of this Agreement. All agreements by Contractor with its subcontractors(s) shall require the subcontractor to adhere to the applicable terms of this Agreement 2.15 Workers' Compensation The Contractor shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the City and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorneys' fees and costs presented, brought or recovered against the City or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the Contractor under this Agreement. 8 2.16 Non -Discrimination Provision The Contractor will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The Contractor will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the City setting forth the provisions of this non-discrimination clause. 2.17 Conflict of Interest and Political Reform Act Obligations During the term of this Agreement, the Contractor shall not perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of National City. The Contractor also agrees not to specify any product, treatment, process or material for the project in which the Contractor has a material financial interest, either direct or indirect, without first notifying the City of that fact. The Contractor shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a direct or indirect financial interest as defined in Government Code Section 87103. The Contractor represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the City. Contractor further warrants and represents that Contractor will immediately advise the City Attorney if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purposes of the Political Reform Act, and regulations promulgated thereunder. The Contractor shall be strictly liable to the City for all damages, costs or expenses the City may suffer by virtue of any violation of this section by the Contractor. 2.18 Termination of Agreement This Agreement may be terminated immediately by the City for cause in the event of a material breach of this Agreement, misrepresentation by the Contractor in connection with the formation of this Agreement or the performance of services, 9 or the failure to perform services as directed by the City. Termination for cause shall be effected by delivery of written Notice of Termination to the Contractor as provided for in Section 2.21. In the event of termination, all finished or unfinished memoranda, reports, plans, specifications and other documents prepared by the Contractor, whether paper or electronic, shall immediately become the property of and be delivered to the City, and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the City by the Contractor's breach, if any. The City further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the Contractor; (2) a reorganization of the Contractor for the benefit of creditors; or (3) a business reorganization or change in business status of the Contractor. 2.19 Charges and Fees Contractor is authorized and responsible for the collection of all applicable towing and storage charges, and any fee authorized or required by City to defray costs to City for the management and operation of this agreement, prior to releasing a vehicle. 2.20 Inspection City shall require no less than an annual inspection of Contractor to insure conformance and compliance with the provisions of the California Vehicle Code and this agreement. Responsibility for said inspection rests with the National City Police Department Traffic Division Sergeant and/or designee. Said inspections shall be conducted during normal business hours. Upon completion of inspection the Traffic Division Sergeant shall submit a written report to the Contract Administrators. 2.21 Notice of Termination All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered of certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by 10 registered, certified or ordinary mail, five (5) days, (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telex, telecopy, facsimile or fax, when sent. Any notices, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY Skip DiCerchio Chief of Police National City Police Department 1200 National City Blvd. National City, CA 91950 To the CONTRACTOR Mr. Brad Ramsey 9190 Clairemont Mesa Blvd. San Diego, CA 92123 3.0 TERM OF AGREEMENT, OPTIONS, and RE -OPENERS. 3.1 Duration The duration of this Agreement shall be five (5) successive years with an option for extension. 3.2 Relevant Dates This Agreement begins on September 1, 2000 and terminates on August 31, 2005. 3.3 Option for Extension Should the Contractor not desire to seek an extension; Contractor must notify the Chief of Police in writing no later than one hundred twenty (120) days prior to the termination date of this Agreement. Should the Contractor desire to renew this Agreement under the same terms and conditions, a written request shall be submitted to the Chief of Police no less than one hundred twenty (120) days prior to the termination date of the contract. At that time, the Chief of Police in consultation with City will determine if a one to a five-year extension of the Agreement is appropriate. 3.4 Re -Opener Clause- Referral Fee The purpose of the Referral Fee Re -Opener Clause is to verify data to demonstrate the appropriateness of the Referral Fee. After the first and second twenty-four consecutive month period of this agreement, City shall review all tow data and develop accurate records to determine the actual number of Police and 11 Referral Tows in each twenty-four month period. The Referral Fees may be adjusted up or down based upon the number of vehicles referred to the Contractor as determined by City. If appropriate, City shall consider implementing a per vehicle referral fee to offset costs incurred by the police department in processing and administering towing services. City shall also compare and consider referral fees charged by other law enforcement jurisdictions in San Diego County for towing services 3.5 Re -Opener Clause - Fee Schedule The purpose of the Fee Schedule Re -Opener Clause is to provide the Contractor the ability to adjust the fee schedule consistent with the community standard for police towing in San Diego County. After the first and second twenty-four consecutive month period of this contract, the Contractor may submit a request for increase in fee schedule to the Chief of Police. The request shall include a comparison of relevant fees in each law enforcement jurisdiction in San Diego County. City shall assist and consult with Contractor to provide Contractor with accurate data. The Chief of Police shall make'appropriate comments, recommendations and submit the material for City Council consideration. 3.6 Re -Opener Clause - 30 Day Impound Fee (STOP) The purpose of the Re -Opener Clause, 30-Day Impound Fee is to verify data to demonstrate the appropriateness of the 30-Day Impound Fee. After the first and second twenty-four consecutive month period of this Agreement, City shall review all tow data and develop accurate records to determine the actual number of STOP vehicles held for a 30 day period versus the number of STOP vehicles not held for the 30 day period, in each twenty-four month period. The percentage 30-day impound fee may be adjusted up or down based upon the data. 4.0 RESPONSE TIME, EXCEPTIONS and PENALTY ASSESSMENT 4.1 Response Time Contractor shall respond to requests for towing services within a maximum time limit of twenty (20) minutes inside the jurisdictional limits of City. Due to the limited number of out of jurisdiction towing service requests, response times shall be evaluated on an individual basis. Complaints or irregularities involving out of jurisdiction towing requests shall be managed between the Contract Administrators. 4.2 Exception - Maximum Response Times Vehicles impounded by City for abatement (22660 CVC) or seventy-two (72) hour violations (22651 (k) CVC) from public or private property are generally exempt from response time requirements. Contractor may tow these vehicles at 12 Contractor's convenience but within forty-eight (48) hours of notification. Vehicles impounded under these sections shall not be considered in any response time calculation, penalty, or penalty assessment. It is recognized that some vehicle abatements or 72-hour vehicle impounds may require Contractor response pursuant tq section 4.1 due to public safety or right- of-way concerns. In these circumstances it is incumbent upon the impounding or investigating officer to advise dispatch that they are standing -by for the Contractor's response. The Dispatcher shall in turn notify Contractor, the officer is standing -by for Contractor, and the twenty -minute (20) minute response is applicable. 4.3 Response Time Computation Response time is computed from the time the police dispatcher notifies Contractor until the Contractor arrives on scene. The on -scene investigating officer shall notify dispatch of the tow truck arrival. The police department computer aided dispatch system shall be the final resolution of any actual time dispute regarding response times. Any failure to record relevant times by the on -duty dispatcher shall not be considered in any penalty assessment. 4.4 Response Time - Penalty Failure to arrive at the requested location within the prescribed response time may result in cancellation of the service request. The alternate Contractor may be notified. 4.5 Response Time - Penalty Assessment If more than five percent (5%) of the City jurisdictional towing service requests, in any sixty (60) day period exceed the maximum response time requirement, Contractor may be required to pay a two hundred dollar ($200) penalty. If more than five percent (5%) of the City jurisdictional towing service requests, in any second sixty (60) day period, within a contract year exceed the maximum response time requirement, Contractor may be required to pay a four hundred dollar ($400) penalty. If more than five percent (5%) of the City jurisdictional towing service requests, in any third sixty (60) day period, within any contract year, exceed the maximum response time requirement that shall constitute a failure to comply with the terms, conditions and requirements of this Agreement. Violations of this provision may result in termination of this Agreement. 13 5.0 ON -CALL CONTRACTOR and CONTRACTOR ROTATION SCHEDULE 5.1 Contractor On -Call & Rotation During the first contract year (September 1, 2000 to August 31, 2001) Tom Moynahan shall be responsible for all police tows, impounds and all referral tows beginning at 0000 hours on the first (1st) day of every month through the fifteenth (15th) day of every month. A to Z shall be responsible for all police tows, impounds and all referral tows beginning at 0000 hours on the sixteenth (16th) day of each month through the last day of each month. During the second contract year (September 1, 2001 to August 31, 2002) A to Z shall be responsible for all police tows, impounds and all referral tows beginning at 0000 hours on the first (1st) day of each month through the fifteenth (15th) day of each month. Tom Moynahan shall be responsible for all police tows, impounds and all referral tows beginning at 0000 hours of the sixteenth (16th) day of each month through the last day of each month. During the third contract year (September 1, 2002 to August 31, 2003) Tom Moynahan shall be responsible for all police tows, impounds and all referral tows beginning at 0000 hours on the first (1s`) day of every month through the fifteenth (15th) day of every month. A to Z shall be responsible for all police tows, impounds and all referral tows beginning at 0000 hours on the sixteenth (16th) day of each month through the last day of each month. During the fourth contract year (September 1, 2003 to August 31, 2004) A to Z shall be responsible for all police tows, impounds and all referral tows beginning at 0000 hours on-tlie first (1st) day of each month through the fifteenth (15th) day of each month. Tom Moynahan shall be responsible for all police tows, impounds and all referral tows beginning at 0000 hours of the sixteenth (16a1) day of each month through the last day of each month. During the fifth contract year (September 1, 2004 to August 31, 2005) Tom Moynahan shall be responsible for all police tows, impounds and all referral tows beginning at 0000 hours on the first (1st) day of every month through the fifteenth (15th) day of every month. A to Z shall be responsible for all police tows, impounds and all referral tows beginning at 0000 hours on the sixteenth (16th) day of each month through the last day of each month. In the event this Agreement is extended pursuant to section 3.3 Option For Extension, the schedule will continue to rotate as reflected. 14 6.0 GENERAL DUTIES, REQUIREMENTS and OBLIGATIONS 6.1 City of National City - Business License Contractor shall at all times during the term of this Agreement retain a valid City Business License in compliance with National City Municipal Code § 6.04 Et seq. Contractor businesses and storage lots located within the jurisdictional limits of the City of National City must conform to all City of National City building ordinances, zoning regulations, land use requirements and must have the approval of the City Planning Department. 6.2 Contractor Availability — Response to Service Requests Contractor shall be available to promptly respond twenty-four (24) hours a day, seven (7) days a week including all holidays, consistent with the On -Call and Rotation Schedule, for all requests initiated by City for towing services. 6.3 Contractor Availability - Vehicle Release Contractor shall be available to release vehicles to their owners, agents or authorized representatives, twenty-four (24) hours a day, seven (7) days a week including all holidays. 6.4 Business Office Contractor shall maintain a functional business office within the location of the yard used to store police initiated tows. 6.5 Business Office Hours Contractor shall adequately staff their business office in order to remain open and available to meet the public during the normal business office hours of 0800 to 1700 hours, Monday through Friday. 6.6 Sians In compliance with California Civil Code § 3070 (E), Contractor shall display inside the business office, in plain view at the cashier's station, a sign. Said sign shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height, disclosing all storage fees and charges in force, including the maximum daily storage rate. Posting of the Fee Schedule (Attachment A) in the appropriate size and lettering complies with CCC § 3070 (E). Additionally, Contractor is required by California Vehicle Code § 22850.3 (b) to display in a conspicuous place a notice to the effect that a vehicle impounded at 15 the direction of the Police Department may only be released upon proof of current registration. Said notice must include the name and telephone number of the local police agency that caused the vehicle to be stored. 6.7 Method of Payment - Towing or Storage Charges (22651.1 CVC) At a minimum, Contractor shall accept a valid bank credit card or cash for payment of towing and storage by the registered owner, legal owner, or the owner's agent claiming the vehicle. Pursuant to California Civil Code § 1748.1, Contractor shall not impose a surcharge on a cardholder who elects to use a credit card in lieu of cash for payment of any fees pursuant to this Agreement. In addition, Contractor shall have sufficient funds on the premises to accommodate and make change in a reasonable monetary transaction. 6.8 Removal from Private Property Pursuant to California Vehicle Code § 22658(h) a towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner of private property or that owner's agent pursuant to this section if the owner of the vehicle or the owner's agent returns to the vehicle before it is removed from private property. The regular towing charge only be imposed after the vehicle has been removed from the property and is in transit. Pursuant to sub -section (i) (2), if a vehicle is released within 24 hours from the time the vehicle is brought into the storage facility, regardless of the calendar date, the storage charge shall be for only one day. Not more than one day's storage charge may be required for any vehicle released the same day that it is stored. 6.9 Notice to City - Private Property Impounds In addition to the requirements set forth in California Vehicle Code § 22658 Contractor agrees to notify the National City Police Department of all vehicle impounds from private property, within the jurisdictional limits of City, that result in storage of the vehicle. Notice shall include but not be limited to a complete description of the vehicle including the vehicle identification number, location of impound and name of property owner or agent who authorized the impound. Notice shall occur within one hour of taking possession of the vehicle. Generally, private property impounds are considered On -Demand Tows. 6.10 Gratuities (12110 CVC) Contractor or Contractor's employees shall not offer or provide City, and no City employee shall accept any direct or indirect commission, reduced fee, gift, recreation, favors, seasonal gratuity, or any compensation whatsoever from 16 Contractor. No City employee -shall offer or provide Contractor with any gift, recreation, favor, seasonal gratuity, or any compensation whatsoever. No City employee is permitted to purchase a lien sold vehicle from Contractor that resulted from a police initiated tow or referral tow. City employees shall not purchase any vehicle or vehicle part from Contractor for a reduced fee or a fee below the prevailing rate as determined by industry standards. The intent of this section is to avoid the mere appearance of impropriety involving the contractual relationship. Contractor or Contractor's employees are prohibited from accepting any money or anything of value from a repair shop for delivery or the arranging of a delivery of a vehicle for the purpose of storage or repair. Nothing to thiG seGt is intended to preclude Contractor from charging a repair shop appropriate to fees pursuant to the Fee Schedule. No benefit provided City by Contractor, or benefit provided Contractor by City, as defined in the terms and conditions of this Agreement that resulted from the process of negotiations, shall be considered a•gift or gratuity within the meaning of this section. 6.11 Tow Truck Driver - On -Scene Duties Upon arriving on -scene of a police initiated towf.the Contractor's employee shall report to the investigating Peace Officerin charge. The officer -in -charge shall make every reasonable effort to inform Contractor's employee of any unusual circumstance or hazardous condition. Contractor's employee shall make every reasonable effort to inform the officer -in -charge of any unusual circumstance or hazardous condition undetected by the officer -in -charge. Contractor's employee shall make every reasonable effort to comply with instructions or directions provided by the officer -in -charge. Contractor's employee may make any emergency alterations reasonably required to safely move and/or impound vehicles. Contractor shall be responsible for removing and appropriately disposing of collision related debris from the public right-of-way to ensure public safety. Contractor shall also remove or render inert any liquid debris that may reasonably be considered a safety hazard to the public -right-of-way. If the removal of any type of debris or hazardous material is beyond the capability of Contractor, Contractor's employee shall inform the officer -in -charge so accommodations can be made. 6.12 Access to Stored Vehicles During regular business hours, Contractor shall make vehicles stored at the request of City available to that vehicle's registered owner, a person who can be verified to be the registered owner's agent, insurance agents, insurance adjusters, 17 or representatives of automotive repair businesses for the purpose of estimating or appraising damages. 6.13 Access to Stored Vehicles - Removal of Private Property Pursuant to California Vehicle Code § 22851(b); No lien shall attach to any personal property in or on the vehicle. The personal property in or on the vehicle shall be given to the current registered owner or the owner's authorized agent upon demand. The lien holder shall not be responsible for personal property after any vehicle has been disposed of pursuant to Division 11, Chapter 10 of the California Vehicle Code. Pursuant to California Civil Code § 3068.1, the lien is deemed to arise on the date of possession of the vehicle. Possession is deemed to arise when the vehicle is removed and is in transit. 6.14 Access to Evidentiary Vehicles Vehicles impounded by City for investigative purposes pursuant to California Vehicle Code Sections 22655 or 22655.5 shall be held in maximally secured, non- public areas of Contractor's property, until the vehicle is released by order of City or in conformance with section 8.3 of this Agreement. No person other than a Peace Officer, Evidence Technician or Crime Scene Specialist employed by City shall remove any property or other contents from evidentiary vehicles. Property removed from such vehicles shall be recorded as removed on the content inventory and the content inventory dated and signed by the Peace Officer, Evidence Technician or Crime Scene Specialist removing the property and by a representative of the Contractor. 6.15 Invoices All invoices for towing and impounds pursuant to this Agreement shall clearly and individually itemize each and every specific charge or fee type. Daily storage fees shall be itemized on a per day basis, for example: 10 days storage @ $ per day. All itemized City fees of all types shall be documented on the invoice. The customer shall be provided no less than one copy of the invoice, after all fees have been paid and the invoice marked "Paid." 6.16 Vehicle Impound Control Card (PD form 250) A Vehicle Impound Control Card (PD Form 250) shall be completed for all police tows and police referral tows. A Vehicle Impound Control Card shall also be completed for all collision tows when the police order, direct or assist in obtaining a tow for a disabled vehicle. The impounding officer shall obtain a case number 18 and enter the case number on the control card before giving the tow truck driver a copy of the control card. Contractor shall not be liable for uncollected City or administrative fees when the Vehicle Impound Control Card (PD Form 250) is not properly completed by the impounding officer. PD Form 250 shall contain the lawful authority to impound pursuant to the California Vehicle Code. However, the impounding officer may elect to use the words "Admin Fee Applies" listed in the O IHER section of the form. 6.17 Proceeds from Lien sale In conformance with California Civil code § 3073 and California Vehicle Code § 22850.5 the proceeds from the lien sale of any vehicle impounded pursuant to the Negligent Vehicle Impound Release (NVIR) program or the Serious Traffic Offender Program (STOP) shall be distributed in the following order: 1. Any and all costs necessary to discharge the lien, including but not limited to impound and storage fees, and the costs of processing the vehicle for lien sale shall be paid to the (lien holder) Contractor. 2. Any and all City administrative fees, including individual fees or any partial fees associated with the STOP and/or NVIR programs, shall be paid to City. Any partial fees recovered by City, resulting from the lien sale, shall first be attributed to the STOP program. 3. The balance, if any, shall be forwarded to the California Department of Motor Vehicles for deposit in the Motor Vehicle Account in the State Transportation Fund. 7.0 FEES 7.1 Fee Schedule Attachment A to this Agreement provides a complete schedule of all charges and fees the Contractor will be authorized to collect from consumers for towing, impound, and storage services rendered on behalf of City. The Attachment A rate schedule shall remain in place unless and until amended by the City Council, City of National City pursuant to section 3.4 Re -Opener — Fee Schedule, of this agreement. 7.2 Secondary Tow Fees Secondary towing fees are the responsibility of the vehicle owner, operator or agent. If it is determined that City is liable for the secondary tow fees, Contractor shall charge City 50% of the Basic Tow Fee for Secondary Tows, if applicable. 9 No storage fees shall accrue while the subject vehicle is in the actual possession of the National City Police Department. Police personnel shall not release a vehicle from the National City Police Department until all Contractor fees have been paid to Contractor by the vehicle owner, operator or agent. In the event a vehicle is released from the police department and Contractor fees were not paid, City shall be liable for the full fee. 7.3 City Vehicle Tow Fees Contractor agrees not to charge City a fee for the towing of marked or unmarked City police vehicles whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits of National City. Contractor shall charge City 50% of the Basic Tow Fee for the towing of all other City vehicles whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits of National City. Fees for all City vehicle tows including police vehicles, which occur outside the jurisdictional limits of National City, shall be resolved between the Contract Administrators but shall not exceed 50% of the basic tow fee. 7.4 Fees - Police Department Errors and Omissions When any vehicle has been ordered towed by City and it is established that the tow was in error through a mistake of fact, Contractor shall release the vehicle to its owner, operator or agent at no cost. Contractor shall bill City at no more than 50% of the basic tow fee. If an error by City results in a vehicle being stored longer than it can reasonably be established that it should have been, Contractor shall release the vehicle and bill the owner, operator or agent only those storage charges that would have accrued if no error had occurred. Contractor shall bill City storage fees at no more than $2.50 per day for every day beyond the owner, operator or agent's responsibility. If the error in towing or storage is discovered after the vehicle owner, operator or agent recovers the vehicle and all fees have been paid to Contractor, the owner, operator, or agent may be referred to the City Clerk, City of National City to file a Claim for Damages against City. 7.5 Referral Fee Contractor shall make quarterly Referral Fee payments to City for the right to provide towing and storage service to City. The minimum Referral Fee payment amount per Contractor shall be five thousand five hundred sixty five dollars ($5,565.) per quarter. The Referral Fee shall be payable for a period of five (5) 20 years subject to adjustments as defined in Section 3.4 — Re -Opener Clause - Referral Fee. 7.6 Referral Fee - Due Date The Referral Fee payment shall be due and payable no later than the fifteenth (15) day of the calendar month following the end of each quarter, pursuant to the following schedule: First Contract Year 1st Quarter — December 15, 2000 2nd Quarter — March 15, 2001 3rd Quarter — June 15, 2001 4th Quarter — September 15, 2001 Second Contract Year 1st Quarter — 2ndQuarter — 3rd Quarter 4th Quarter December 15, 2001 March 15, 2002 — June 15, 2002 — September 15, 2002 Third Contract Year 1s` Quarter — 2nd Quarter 3rd Quarter — 4a' Quarter — December 15, 2002 — March 15, 2003 June 15, 2003 September 15, 2003 Fourth Contract Year 1st Quarter — 2nd Quarter 3rd Quarter 4th Quarter — December 15, 2003 — March 15, 2004 — June 15, 2004 September 15, 2004 Fifth Contract Year 1st Quarter — 2nd Quarter 3rd Quarter — 4th Quarter — December 15, 2004 — March 15, 2005 June 15, 2005 September 15, 2005 21 7.7 Referral Fee - Late Fee Any amount owed City beyond the due date, shall accrue interest each day the amount due is not paid, at an annual rate equal to twelve (12%) percent per annum, or at the maximum rate permitted by applicable law, whichever is lower. 7.8 Referral Fee - Payments The Referral Fee is payable to "City of National City." Payments shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd. National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the Referral Fee payment consistent with the terms of this agreement and forward the payment to the City Finance Department for deposit in Revenue Account Number 001-11000-3558. 7.9 Negligent Vehicle Impound Release Fee The Negligent Vehicle Impound Release Fee shall be an amount established by City and published in the City of National City Fee Schedule, (Resolution 96- 131), as amended. Said fee is currently fifty-five ($55) dollars. The NVIR fee is recognized as a necessary and effective method of generating those revenues necessary to off -set program costs, services and facilities. The NVIR fee applies only to vehicles released by Contractor for violating certain sections of the California Vehicle Code (CVC) and/or the National City Municipal Code (NCMC). See Attachment B for a list of applicable sections. 7.10 NVIR Fee Contractor shall collect the NVIR fee of fifty-five ($55.00) dollars per vehicle, upon the release of any vehicle impounded pursuant to the above listed California Vehicle Code sections. Contractor shall remit the collected fees to City pursuant to the below listed payment schedule. The collected NVIR fees shall be properly identified, and itemized. 7.11 NVIR Fee — Payment Due Date NVIR fees collected by Contractor shall be due and payable to City no later than the fifth (5th) day of each month and the twentieth (20') day of each month. 22 Payments due on the fifth (5th) day of each month shall include and account for all vehicles released by Contractor between the sixteenth (16th) day of the month, and the last day of the month, (inclusive). Payments due on the twentieth (20t ) day of the month shall include and account for all vehicles released by Contractor between the first (e) day of the month and the fifteenth (15th) day of the month, (inclusive). 7.12. NVIR Fee - Payments The NVIR Fee is payable to "City of National City." Payment shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd. National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the NVIR Fee payment, consistent with the terms of this agreement and forward the payment to the City Finance Department for deposit in Revenue Account Number 001-04049-3551. 7.13 NVIR Fee Payment — Late Fee Any amount owed City beyond the due date, shall accrue interest each day the amount due is not paid, at an annual rate equal to twelve (12%) percent per annum, or at the maximum rate permitted by applicable law, whichever is lower. 7.14 STOP Impodnd Fee The Serious Traffic Offender Program Fee shall be an amount established by City, pursuant to City Council Resolution Number 98-8. Said fee is currently one hundred fifty ($150) dollars. The STOP fee is recognized as a necessary and effective method of generating revenues necessary to off -set program costs, services and facilities. Vehicles impounded by City pursuant to the STOP program shall be released by City, upon expiration of a 30-day hold and shall only be released by City upon a showing of proof that the owner, operator or agent has a valid driver's license. Contractor shall collect STOP fees prior to the actual release of the vehicle. Contractor shall remit the collected STOP fees to City pursuant to the below listed payment schedule. The STOP fees shall be properly identified and itemized. The STOP fee applies only to vehicles impounded pursuant to certain California Vehicle Code Sections. See Attachment C for a list of applicable sections. 23 7.15 STOP Impound Fees - Due Date STOP program fees collected by Contractor shall be due and payable to City no later than the fifth (5th) day of each month and the twentieth (20th) day of each month. Payments due on the fifth (5t) day of each month shall include and account for all vehicles released by Contractor between the sixteenth (16th) day of the month, and the last day of the month, (inclusive). Payments due on the twentieth (20th ) day of the month shall include and account for all vehicles released by Contractor between the first (e) day of the month and the fifteenth (15`h) day of the month, (inclusive). 7.16 STOP Fee - Payment The STOP program fee is payable to "City of National City." Payment shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd. National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the STOP fees consistent with the terms of this agreement. The STOP fee of one -hundred fifty ($150) dollars per vehicle shall be divided and deposited with the City Finance Department as follows: Amount $125.00 $ 25.00 7.17 STOP — Late Fee Revenue Account Number 191-11000-3550 001-11000-3550 Any amount owed City beyond the due date, shall accrue interest each day the amount due is not paid, at an annual rate equal to twelve (12%) percent per annum, or at the maximum rate permitted by applicable law, whichever is lower. 7.18 STOP - 30 Day Vehicle Impound Fees Pursuant to the Serious Traffic Offender Program certain vehicles are impounded and held in impound for thirty (30) days. Said vehicles accrue Contractor's daily storage fees according to the attached Fee Schedule. In addition to any other administrative fees herein identified, Contractor shall pay CITY, fifteen (15%) percent of the total storage fee, when the vehicle is held for 30 days and 24 subsequently released to the vehicle owner, operator or agent. Any revenue recovered as a result of this section shall be used to defray and off -set police costs associated with the operation of the STOP program. This fifteen (15%) percent fee shall not apply to STOP vehicles not held for the 30-day period. This fee shall apply to the lien sale process, consistent with section 6.17 of this Agreement. 7.19 30-Day Impound Fees — Due Date and Payment Revenue received as a result of section 7.18, shall be distinguished from any other administrative fee or revenue and shall be due and payable consistent with sections 7.15 through 7.17. Any proceeds received from the STOP 30 Day Vehicle Impound shall be deposited into Revenue Account Number 191-11000- 3550. 8.0 VEHICLE RELEASE 8.1 General Rule — Vehicle Release As a general rule, Contractor shall be responsible for the release of all vehicles in Contractor's possession as a result of police initiated or referral tows. 8.2 Exceptions to General Rule Vehicles impounded pursuant to the following California Vehicle Code Sections shall not be released by Contractor. Contractor shall refer the vehicle owner, operator or agent to the police department to obtain a release: A,. 22651 (p) - S.T.O.P. Program B. 22651 (i) — Five or more Parking Citations C. 22655 — Hit & Run Investigation D. 22655.5 — Evidentiary Reasons 8.3 Hit & Run Investigation — Mandatory Release 22655(b) CVC Any vehicle impounded for hit & run investigation (20002 thru 20006 CVC), pursuant to the authority of California. Vehicle Code § 22655, shall be released within 48 hours after removal from highway or private property. When determining the 48-hour period, weekends, and holidays shall not be included. Any vehicle not released by City within the maximum 48-hour period, shall be released by Contractor upon demand of the vehicle owner, operator or agent upon the expiration of the 48-hour period, regardless of City hold status. 25 8.4 Questions, Problems, or Controversy Associated with Vehicle Release In the event Contractor experiences problems, questions or controversy associated with a customer demanding the release of a police initiated or referral tow, Contractor shall notify the police department. Additionally, if Contractor discovers a questionable DMV document, an officer shall be dispatched to resolve the problem. 8.5 Expert Training - DMV Document Identification During the term of this Agreement and at Contractor's request, City shall provide Contractor, Contractor's employees, and new employees with training in the identification and recognition of all relevant California Department of Motor Vehicles documents including but not limited to California Drivers License and California Vehicle Registration documents. A recognized expert employed by the California Department of Motor Vehicles shall conduct training. Training shall include but not be limited to recognition and identification of counterfeit, altered, or forged California Driver's License and California Registration and Title Certificates. The Contract Administrators shall coordinate date, time and location of training. 9.0 MINIMUM TRUCK EQUIMENT and STORAGE LOT REQUIREMENTS During the term of this Agreement, Contractor shall meet the following minimum tow truck equipment requirements and storage lot requirements: 9.1 Minimum Tow Truck Requirements During the term of this Agreement, Contractor shall have available no less than three tow rigs of at'least one -ton capacity Each tow rig shall have dual rear wheels. Each vehicle used for towing police impounds shall have a manufacturer's gross vehicle weight rating (GVWR) of not less than 14,500 pounds. In addition, Contractor shall have available one tow rig, commonly known as a "Sub -Garage Tow Vehicle," capable of entering and removing impounded vehicles from the underground parking garage of the National City Police Department. The sub -garage tow vehicle is a limited use vehicle and does not require dual wheels or a GVWR of 14,500 pounds. 9.2 Minimum Tow Truck Equipment Requirements Each tow truck responding to requests for police initiated towing and impound services shall be equipped with radio communications equipment capable of effecting two-way radio communications between the tow truck operator and 26 Contractor's dispatching operation. Citizen Band radios shall not be used to meet this requirement. Each tow truck shall have a maximum 8,000 pound capacity winch that is power driven by power takeoff from transmission, in both directions, and equipped with safety dogs or an adequate braking system. Winches must be fitted with a minimum of 100 feet of cable for recovery tasks. Roll back car carriers must be fitted with a minimum of 50 feet of cable. All cable (wire rope) must be maintained in good condition. Only wire rope with swaged ends, wedge locks or braided ends, with metal sleeves in the loops shall be approved for use under the terms of this agreement. Consistent with the California Code of Regulations, Title 13, § 1305(b), wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusted, kinked, badly worn, when there are 12 or more wires broken in lay length, or where there is other visible evidence of loss of strength. Contractor shall maintain dollies for use by in-service tow trucks providing police towing services to City. Each tow truck, with the exception of slide back carriers, shall carry its own set of dollies. Each tow truck shall be equipped with no less than two safety chains. No less than two safety chains shall be used for each vehicle being towed. Each safety chain shall be rated at no less than the rating specified by the original equipment manufacturer (OEM). The safety chains shall be securely affixed to the bed frame or wrecker boom, independent of the towing sling, bar, hitch, wheel lift, or under lift towing equipment. The towed vehicle shall be secured to the towing equipment independent of the safety -chains by either two chains or two straps. All safety connections and attachments shall have a positive means, of sufficient strength, to ensure that the safety connection or attachment cannot become disengaged while in transit. Vehicles being transported on slide back carriers shall be secured by four fie down chains or straps, independent of the winch or loading cable. In addition to the requirements set forth in California Vehicle Code § 27700, City requires Contractor to equip each tow truck with red flares, lanterns or reflectors, hand tools (screw drivers, pliers, ratchet and sockets, crescent wrenches, metric and standard lug wrenches), bolt cutters, six foot crowbar, rope, broom, shovel, dustpan, fire extinguisher (dry chemical or carbon dioxide type), utility flood lamps, portable red taillights and stoplights for towed vehicles, equipment for opening locked vehicles, safety snubber chains, and a trash can with absorbent material. Each tow truck shall be equipped with disposable (one time use) latex or rubber gloves for use by Contractor's employees to prevent contamination or contact with potential blood borne pathogens. The decision to use said equipment rests solely with Contractor. 27 9.3 Tow Truck Identification Each tow truck responding to police initiated towing and impound services shall, on both sides of the vehicle, conspicuously bear Contractor's company name, local address, and local phone number(s) in lettering that complies with California Vehicle Code § 27907. 9.4 Tow Truck Lighting Equipment Each tow truck responding to police initiated towing and impound services shall be equipped with lighting systems as required by California Vehicle Code Sections 24605, 24606 and 25253. Additionally, tow trucks shall be equipped with utility lamp lighting systems than comply with California Vehicle Code § 25110. 9.5 California Highway Patrol Inspection Certification During each contract year of this Agreement, Contractor shall obtain and retain an annual California Highway Patrol (CHP) tow truck safety inspection certification. Contractor shall annually be able to show proof that every vehicle providing services to the City has passed a CHP tow truck safety inspection. Tow trucks not passing inspections or meeting the requirements of this section shall immediately be removed from rotation. The tow truck may return to rotation once the truck has successfully passed a re -inspection by the original inspecting agency. Nothing in this section is intended to prevent, or preclude the National City Police Department from performing periodic unscheduled inspections to insure compliance with the requirements of the California Vehicle Code and this Agreement. 9.6 Tow Truck Maintenance Each tow truck responding to police initiated towing and impound services shall be well maintained and reasonably clean on the exterior and interior and should reflect the clean, professional image of the City of National City. 9.7 Storage Lot, Minimum Requirements In compliance with National City Municipal Code, Chapter 18.70, the storage yard must be a minimum of ten thousand (10,000) square feet devoted to the storage of vehicles. The storage yard shall be completely enclosed with a minimum eight (8) foot security fence, with poles embedded in concrete, and no further apart than six (6) feet. Construction of the fence and gates must be of sufficient construction to prevent entry into the storage area of unauthorized persons or vehicles. Additional security measures including but not limited to audible and/or silent alarm systems, video surveillance and recording systems are 28 encouraged but not required to meet the minimum standards of this agreement. Vehicles and their contents must be kept safe from pilfering. The storage yard shall be served by drainage facilities adequate to prevent the accumulation of standing water. The vehicle storage area must remain free of mud, pools of standing water, debris, or other elements that would be harmful to the stored vehicle, vehicle contents, or to persons viewing, inspecting or recovering the vehicles. The vehicle storage area, including all driveways and access roads, shall be surfaced in a manner so as to prevent the listed conditions. An acceptable surface includes concrete, asphalt, asphaltic concrete, or decomposed granite with oil. All vehicles towed and stored, as a result of this Agreement, shall for the term of their storage, be contained within the confines of the storage yard. If Contractor's vehicle storage yard is located outside the jurisdictional limits of the City of National City, the above paragraph is not applicable. However, the Contractor shall comply with the law, rules, regulations, and ordinances of the local jurisdiction. 9.8 Minimum Lighting Requirements - Storage Lot There must be adequate lighting, and all yard and office construction must comply with applicable building codes, fire codes, and zoning regulations. The minimum lighting requirements per ten thousand (10,000) square feet are in effect unless zoning or other local regulations dictate increased or diminished lighting requirements: 1. Four (4) 300-Watt incandescent medium -wide flood lights, or 2. Three (3) 300-Watt quartz halogen lights, or 3. Two,(2)' 100-Watt high-pressure sodium lights. 9.9 Vehicle Examination Area Contractor will set aside an area of sufficient size to place a standard sized passenger sedan and have a minimum of forty-eight (48") inches from each side, the front, and rear of the vehicle for the purpose of inspecting the vehicle. This examination area must be flat, level, and paved with concrete, asphalt or asphaltic -concrete, or other suitable all weather surfaces. 9.10 Secure Area - Evidentiary Vehicles Vehicles impounded by City for investigative purposes shall be held in a maximally secured, non-public area of Contractor's property until released by City. Contractor shall insure, by the use of various security devices and measures, including but not limited to walls, fences, containers, buildings or the like, that no unauthorized person, whether intentionally or accidentally can come into 29 physical contact with evidentiary vehicles. Located within the storage yard, Contractor shall set aside a secure area, sufficient in size to hold four (4) vehicles, with sufficient room to walk around, open doors, and examine each separate vehicle. 10.0 INSURANCE REQUIREMENTS The Contractor, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies: A. Automobile Insurance: Covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of one million ($1,000,000) dollars combined single limit per accident. Such automobile insurance shall include non -owned vehicles. B. Garage Keeper's Legal Liability Insurance: Coverage with limits of not less than one hundred thousand dollars ($100,000) for loss or injury to or destruction of any stored vehicles as a result of fire, theft, explosion, riot, and civil commotion or vandalism and malicious mischief. C. Comprehensive General Liability Insurance: With minimum limits of one million ($1,000,000) dollars combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' Compensation Insurance: Covering all of its employees and volunteers. 10.1 Primary Insurance The aforementioned policies shall constitute primary insurance as to the City, its officers, employees, and volunteers, so that any other policies held by the City shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the City of cancellation or material change. Said policies, except the workers' compensation policy, shall name the City and its officers, agents and employees as additional insured's. 10.2 Claims Made vs. Occurrence Form If required insurance coverage is provided on a "claims made" rather than "Occurrence" form, the Contractor shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. The policy retroactive date coincides with or precedes Contractor's commencement of work under this Agreement (including subsequent policies purchased as renewals or replacements). 30 10.3 Aggregate Insurance Limits Any aggregate insurance limits must apply solely to this Agreement. 10.4 Insurance Company Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A; VIII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the City's Risk Manager. Any deductibles more than ten thousand dollars ($10,000) shall be declared and approved by City. 10.5 Insurance Certification Requirement This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the City's Risk Manager. If the Contractor does not keep all of such insurance policies in full force and effect at all times during the terms of this agreement, the City may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and may terminate this Agreement as provided herein. 10.6 Insurance Requirement - Extension Option If this Agreement is extended beyond its original term pursuant to section 3.3, the insurance provisions may be updated at the option of City. 10.7 Limitations 6f Liabilities and Obligations The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor, and any approval of said insurance by the City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Agreement, including, but not limited to, the provisions concerning indemnification, section 2.10. 10.8 Sub -Contractor Insurance Requirement Contractor shall make certain that all subcontractors hired by Contractor are insured in accordance with this Agreement. If any subcontractor's coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold City harmless of and from any damage, loss, cost, or expense, including attorneys' fees. 31 11.0 CONSTRUCTION OF AGREEMENT The parties acknowledge and agree that (1) each party is of equal bargaining strength; (2) each party has actively participated in the drafting, preparation and negotiation of this Agreement; (3) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement; (4) each party and such party's counsel and advisors have reviewed this Agreement; (5) each party has agreed to enter into this Agreement following such review and the rendering of such advice; and (6) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any attachments, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY A to Z ENTERPRISES, INC. By: By: George H. Waters, Mayor Dale Wineteer (Title) APPROVED AS TO FORM: By: Brad Ramsey George H. Eiser, III (Title) City Attorney 32 ATTACHMENT A TOWING FEE SCHEDULE SERVICE FEE BASIC TOWING Includes First Hour Hookup, Labor, Standby Time, for vehicles Under 9,500 GVW (unloaded). MEDIUM SIZE - BASIC TOWING Includes First Hour Hookup, Labor, Standby Time, for vehicles Over 9,500 GVW but less than 22,000 GVW (unloaded). LARGE SIZE - BASIC TOWING Includes First Hour Hookup, Labor, Standby Time, for vehicles Over 22,000 GVW (Unloaded). $100.00 $125.00 $150.00 ON -SCENE LABOR $ 25.00 Each 15-minute increment, beyond first hour. DOLLIES DRY RUN PER MILE TOWING Applies only to vehicles recovered outside the jurisdiction of the City of National City. MAXIMUM STORAGE - PER DAY Per day means 24 hour period. STORAGE PER HOUR Up to maximum of $20.00 per day. AFTER HOURS VEHICLE RELEASE After 5PM and before 8AM including weekends and all holidays. NOTIFICATION OF LIEN SALE Vehicle valued at less than $4,000, (22851.12 CVC). NOTIFICATION OF LIEN SALE Vehicle valued at over $4,000, (22851.12 CVC). POLICE EQUIPMENT TOWING Inside jurisdictional limits of National City. CITY EQUIPMENT TOWING Includes all City vehicles. Also includes police vehicles towed from outside jurisdictional limits of National City. CITY ADMINISTRATIVE FEE'S NEGLIGENT VEHICLE IMPOUND RELEASE FEE $ 55.00 SERIOUS TRAFFIC OFFENDER PROGRAM FEE $150.00 $ 35.00 $ 40.00 $ 3.00 $ 20.00 $ 4.00 $ 40.00 $ 70.00 $100.00 No Charge $ 50.00 33 ATTACHMENT B Pursuant to Section 7.9 of this Agreement, the Negligent Vehicle Impound Release Fee shall apply to vehicles impounded pursuant to the following California Vehicle Code sections and/or National City Municipal Code sections. One or more the listed sections must be included on the impounding documents. 22500 Et seq. 22500.1 22651 (a) 22651 (b) 22651 (d) 22651 (e) 22651 (h) 22651 (i) 22651 (j) 22651 (k) 22651 (1) 22651 (in). ' 22651 (n) 22651 (o) (1) 22651 (p) _ 22651 (r) 22652 22653 (c) 22655 (a) California Vehicle Code Prohibited Stopping, Standing, or Parking Prohibited Stopping, Standing, or Parking: Fire Lane Unattended on Bridge Hazard to flow of traffic Blocking a driveway Blocking fire hydrant access Operator taken into custody — not practical to park or lock Unpaid parking citations Illegally parked and no evidence of registration displayed Parking over 72 hours Temporary tow away signs for street repair Highway authorization for other use, with 24-hour notice No parking tow away signs posted Expired registration in excess of six months Suspended or revoked license in violation of 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604. Illegally parked, blocking a legally parked vehicle Illegally parked in designated handicapped parking space Removal from private property, at request of property owner, when operator is taken into custody Hit & Run suspect vehicle 34 22656 Illegally parked or abandoned within 7 Y2 feet of nearest railroad rail 22669 Et seq. Removal of Abandoned Vehicles as determined pursuant to section 22523 CVC 11.32.060 11.32.070 11.32.160 11.32.250 (e) National City Municipal Code Illegally parked - 72 hour violation — vehicle removal Illegally parked - Restricted hours - vehicle removal Illegally parked - Emergency parking - vehicle removal Illegally parked - Taxi Stand - vehicle removal 35 ATTACHMENT C Pursuant to Section 7.14 of this Agreement, the Serious Traffic Offender Program Fee shall apply to vehicles impounded pursuant to the following California Vehicle Code Sections. One or more of the following sections must be included on the impounding documents. California Vehicle Code 22651(p) Includes Sections 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5 or 14604. 22651(h)(2) - Upon service of notice of an order of Suspension or Revocation, pursuant to 13388 CVC. 14602.6 Unlicensed, Suspended or Revoked and involved in traffic collision. Sub -section (b) — Certified Mail, 2 day notice to legal owner. Failure to notify legal owner results in maximum fee for 15 days vehicle storage. 14602.7 - Fleeing a Peace Officer — Court Order upon affidavit of Peace Officer, to seize vehicle, not to exceed 30 days. Failure to notify legal owner (2 days notice) results in maximum fee for 15 days vehicle storage. 14607.6 Impoundment and Forfeiture of Motor Vehicle. 36 MEETING DATE September 5, 2000 City of National City, California COUNCIL AGENDA STATEMENT Refer to. Item #1 AGENDA ITEM NO. 8 %ITEM TITLE RFSOLUTION APPROVING THE SALE PRICE OF REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 9TH STREET AND NATIONAL CITY BOULEVARD. PREPARED BY Paul Desrochers, EXPLANATION Executive Director DEPARTMENT CDC A copy of the Summary Report pertaining to the Sale of Real Property (Report) is included with the Agenda item relative to the Public Hearing held this date on this subject. The Report concludes that the Fair Market Value of the property for sale to the National City Chamber of Commerce is $86,250 when the Covenant described in the Report is executed and recorded as part of the sale. The covenant provides that in the event the National City Chamber of Commerce sells or converts said premises to a commercial "for -profit" entity, the difference between the price paid by the Chamber of Commerce and the fair market value to a commercial enterprise be paid. Said price difference, $43,125, will be tied to the Consumer Price Index (CPI) will be due and payable upon conversion of the use for a period of twenty (20) years. State Law requires that the Commission make one of the following findings: a. The consideration is not less than the fair market value at its highest and best use in accordance with the Plan; or, b. The consideration is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale or lease. The Resolution makes the finding related in "b" above. Environmental Review X N/A Financial Statement The CDC will receive $86,250 for the sale of the 8,625 sq ft parcel. A Covenant will provide that if the property is sold or converted to a commercial use, the CDC will be entitled to an additional $43,125 plus a CPI adjustment from the date of sale of the property. Account No. STAFF RECOMMENDATION Approve above subject resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No.=000-116 A-200 (9/80) RESOLUTION NO. 2000 -116 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE SALE OF REAL PROPERTY PURCHASED WITH REDEVELOPMENT FUNDS LOCATED ON THE SOUTHEAST CORNER OF 911{ STREET AND NATIONAL CITY BOULEVARD (909 National City Boulevard) WHEREAS, the Community Development Commission of the City of National City (CDC) has entered into negotiations for the sale of real property with the National City Chamber of Commerce, the Developer, for development of a parcel located on the southeast corner of 9th Street and National City Boulevard; and WHEREAS, the developer proposes to construct an office building that includes a Visitor Center; and WHEREAS, in accordance with the California Community Redevelopment Law, Health and Safety Code Section 33433 (Law) a Summary Report Pertaining to the Sale of Real Property Relative to Sale Price (Summary Report) must be available for public review and a public hearing regarding said sale price must be held and certain findings made prior to the sale of the property. NOW, THEREFORE, BE IT RESOLVED, that the Notice of Public Hearing and Summary Report have been prepared and executed in accordance with the requirements of the Law. BE IT FURTHER RESOLVED that a public hearing regarding the sale of real property was held by the City Council on September 5, 2000. BE IT FURTHER RESOLVED that the City Council hereby binds that with a sale price of $86,250 and the terms and conditions of a Disposition and Development Agreement as described in the Summary Report, that said consideration is not less than the fair reuse value at the use and with the covenants and conditions authorized by the sale. BE IT FURTHER RESOLVED that the City Council hereby finds that the sale will assist in the elimination of blight. BE IT FURTHER RESOLVED that the City Council hereby finds that the sale is consistent with the implementation plan adopted pursuant to Health and Safety Code Section 33490. -- Signature Page to Follow -- Resolution No. 2000 - 116 September 5, 2000 Page Two PASSED and ADOPTED this 5th day of September 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 5, 2000 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT = WORLD HARVEST CHURCH - REVIVAL LIGHTHOUSE CHURCH 6( PREPARED BY Kathleen Trees, Director DEPARTMENT Building and Safety Department EXPLANATION This is a request from the World Harvest Church and the National City Revival Lighthouse Church to conduct a church meeting in Kimball Park. The event will include 2 large tents (40' X 40' and 40' X 60'), music and a distribution area for clothes, toys and nonperishable food. Setup will be on Thursday, September 14 and the event will take place on Friday, September 15 from 6 p.m. until 10 p.m. The church meeting is expected to attract approximately 200 people. The Parks and Recreation Department has recommended that the event not be approved. The event is scheduled within a week of the already approved Fiestas Patrias event, which will draw over 10,000 people on Sunday, September 10. The Parks and Recreation Department prefers to schedule only one large event in the park per month. This would allow the park to revive itself and be useable for the community residents. In addition, the park has regularly scheduled adult softball league games on Friday, September 15 from 6 p.m. until 9:30 p.m. The church is unable to reschedule the meeting because of the availability of the Pastor who will be speaking. Attendees of the event will be National City residents who will be given Bibles and an invitation to a local church at the conclusion of the meeting. The applicant has requested a waiver of all fees. The event qualifies for a waiver of fees pursuant to City Environmental Review X N/A Financial Statement The City has incurred $213 in processing the TUP. The Parks & Rec. Department has estimated that the event will result in $200 in unbudgeted overtime expenses if approved. Account Ptio. N/A STAFF RECOMMENDATION Deny the Application for a Temporary Use Permit. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9/80) City of National City Building & Safety Department 1243 National City Blvd., National City, CA 91950 Application For A Temporary Use Permit Application is hereby made for a temporary use permit pursuant to the provision of the National City Municipal Code 15.60 and as described below. Temporary Use Permits (TUP) are ministerial administrative regulations intended to provide orderly and effective management of specific list of temporary land uses having exceptional characteristics requiring their review and limitations. Any permit applicant may appeal the action of the Building Official pursuant to Municipal Code section 15.60.045. Class A & B use Application for a Temporary use permit must be filed 15 working days prior to the commencement of the activity/event. Activities/events involving the use or areas of operation within the state highway jurisdiction shall be filed not less than six (6) months prior to the requested activity/event. Please Complete: (Print or Type) Sponsoring Organization(s): 44,-/o) flora is ./ C•(ure4' / rle.,,ve.7 ,( 1/imerse Ct'5 4 Organization Address: PQ /j' /0/0 // City: /7G+y-4 cAs. State: `Ta25--6 C, Zip: q/ Phone: ()6- 5/257).. Location of Event: `rl;44/ Pr rill. Dates(s) Requested for Event: 9 .— j3 ' Hours of Use on Day of Event: From: 4,! ANVPIVT To: ©; First Day: Setup - Date: 9 _ /Lf Time: /p�pp M 'Teardown — Date: /..5— Time: J i. A UM i Last Day: Setup — Date: Time: AM/PM Teardown — Date: Time: AM/PM Brief Description of/Event/��/(A summary�-of the eventmaymayybe attached to /the application):ti/ ,[ ` 6-tu t. ) 1 e-71v�p — 2- ;'Its �S✓Pi6w/� 07 /i"r6`G (2 C/9J1 +'S74/p se> Name of Person Responsible Foo he Event Who Will Be On -Site The Day Of The Event: J,,.1 ,l4 uC r How May This Person Be Contacted? afp?_ . % - 7.210? A. VS. Cr // 909- 3/3 -31 SPY Specific Use Request: a f o/04v C,(u / fcc 7:" Justification: Request to Sell or Serve Alcohol Beverages: Yes [ ] No [./0 Will Food/Drinks Be Sold: Yes [ ] No ] Note: The City Council will not approve the sale or consumption of alcohol in City parks in conjunction with any event requiring a TUP. This prohibition will not impact the existing policy regarding the sale or consumption of alcohol within buildings in the parks, such as the Community Center, which will continue to be subject to the approval of the City Council. Will Tents or Canopies be Used?: Yes] No [ ] If"Yes," permit may be required from Fire Department Waiver of Fees Requested: Yes [X] No [ ] If"Yes," complete attached supplemental questionnaire form Facilities (When Applicable - Request Assistance with the Following) Noise, Crowd, Traffic Control: /(%/A Security Control: 4/ t Parking/Barricades: .4/,4 Exterior Lighting/Electrical: yes — Trash Disposal/Site Clean-up After Event: i�S Sanitary Facilities: y'i Name of Applicant: X,;,, 1.4e = Address: P69 ne3e /0/0 J6..pi,aA. . 9:45-‘y Phone: (67) j9' ,a7sT,r 2,Gr-- Signature of Applicant: Date: 8_ /a _69e) pe This Form Becomes A Permit When Endorsed By The Building & Safety Director (over) For Office Use Only Permit Fees: Permit No: Use Group: Use Class: Bond: Permit Exp.Date: Specific Stipulations/Comments: Approvals/Stipulations (Check where Applicable): Initial Date PLANNING FIRE PUBLIC WORKS FINANCE POLICE . PARKS & RE C. ENGINEERING CITY ATTORNEY . .See RISK MANAGER COMMUNITY DEV. OTHER Yes [ Yes [ Yes [ Yes [ Yes [ . Yes [ 1-Yes I Yes [ Yes [ Yes [ Yes [ 1 ] ] ] ] ] 1 I ] ] ] ,' No [ ] No [ ,-] No [ ] No [ ] No[' 1 ,, No [ ] No [ 1 No [ , ] No [ ] No [ ] No [ ] See STIP [ See STIP [ See STIP [ See STIP [ See STIP [ See STIP [ See STIP [ STIP [ See STIP [ See STIP [ See STIP [ ] ] .,.. ] ] ] 1 1 ] ] Initial Date Initial Date Initial Date Initial Date Initial Date . Initial Date Initial Date Initial Date Initial Date Initial Date City Council Meeting Date: Temporary Use Permit: Approved [ ] Denied [ ] Property Notification Required: Yes [ ] No [ ] Comments: Waiver of Fees: Approved [ ] Denied [ ] Date: CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: World Harvest Church -Revival Lighthouse Church EVENT: Outdoor Church Meeting DATE OF EVENT: Friday, September 15, 2000 TIME OF EVENT: 6:00 p.m. to 10:00 p.m. APPROVALS: PLANNING FIRE FINANCE POLICE PARKS & REC. CITY ATTORNEY RISK MANAGER YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ ] NO [ x ] YES[x] NO[ ] YES[x] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: FIRE 336-4550 1. A permit is required for the use of the 2 tents mentioned on the application. 2. Fire Department access must be maintained at all times. FINANCE 336-4330 1. A business license is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. Each separate vendor must have a separate business license. 2. If the church is currently licensed, they may operate on that existing license. If there are other vendors or organizations are registered not -for -profit there will not be a charge for their business license. PARKS & REC. 336-4290 1. There are regularly scheduled adult softball league games on Friday nights from 6 p.m.-9:30 p.m. 2. The park and surrounding area, including neighbors, will still be recovering from the Fiesta Pafrias Concert that is already scheduled for September 10. This event will draw over 10,000 people and takes its toll on the park and surrounding area. We also prefer having one large event in the park per month in order to allow the park to revive itself and be useable for community residents. 3. Recommend park overtime of $200 be paid for by the Church. CITY ATTORNEY 336-4220 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. 2. RISK MANAGER 336-4240 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. 2. Name the City of National City, its officials, employees, agents and volunteers as additional insureds on all policies. 3. Execute standard hold harmless. POLICE 336-4400 1.The Police Department will attempt to get reserves for the event, however, it is recommended the sponsoring group hire at least 2 private security officers for the event. City of National City Building and Safety Department 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4210 Fax (619) 336-4337 Temporary Use Permit Fee Waiver Request Supplemental Questionnaire City Council Policy No. 704 contains the criteria for granting waivers of TUP processing fees by the City Council. This Supplemental Questionnaire will be used to evaluate whether the event or sponsoring organization for a TUP meets the criteria for a fee waiver. Accordingly, please answer all questions fully and completely. City Council Policy No. 704 The City Council shall waive TUP processing fees only in the case of a non-profit organization, and when such organization can demonstrate that the event for which the TUP is requested will not generate any income to the organization, or that the net proceeds of the event for which the TUP is requested result in: Direct fmancial benefit to an individual who resides or is employed in the city, and who is in dire fmancial need due to health reasons or a death in the family; or Direct financial benefit to city government such as the generation of sales tax; or Direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club, etc.; or Direct financial benefit to an organization, which has been the direct recipient of City or Community Development Block Grants (CDBG) funding. Please Fully and Completely Answer the Following: • Is the event for which the TUP is sought sponsored by a non-profit organization? X Yes (Please. proceed to the next question) No (Please sign the bottom of this form and submit this form with the TUP Application to the Building & Safety Department) o Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to the next question. Name of Sponsoring Organization: Type of Organization: rAU (Service Club, Church, Social Service Agency, etc.) ® Will the event generate net income or proceeds to the sponsoring organization? X Yes (Please proceed to the next question) No (Please sign the bottom of this form and submit this form with the TUP Application to the Building & Safety Department) ® Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire fmancial need due to health reasons or a death in the family? Yes (Please provide an explanation and details in the space provided below) kNo (Please E; Dceed to the next question) ® Recycled Paper If Yes, please explain who is to benefit from the proceeds and the general nature of the financial hardship. • Will the event provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details in the space provided below) X No (Please proceed to the next question) • Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details in the space provided below) No (Please proceed to the next question) • Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes (Please provide an explanation and details in the space provided below) No (Please sign the bottom of this form and submit with the TIJP Application to the Building & Safety Department) If Yes, please state the year the Community Development Block Grant (CDBG) funds were received and how those funds were used: Year funds were received: Funds were used to: Date City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 5, 2000 AGENDA ITEM NO. 10 ITEM TITLE NOTICE OF DECISION - CONDITIONAL USE PERMIT TO ALLOW WIRELESS COMMUNICATIONS FACILITIES AT LAS PALMAS PARK (APPLICANT: TIM KOLSET, WFI) (CASE FILE NO.: CUP-2000-8) PREPARED BYJon Cain - Associate Plannef DEPARTMENT Planning EXPLANATION The applicant proposes to install wireless antennas on a "monopalm" on the east side of Las Palmas Park. The 65-foot tall artificial palm will be located approximately 30 feet northwest of the base of the pedestrian bridge that originates at the park and crosses Interstate 805. The proposed location is 500 feet from the nearest residence and 600 feet from nearby Las Palmas Elementary. Two live date palms are proposed with heights of 30 and 45 feet adjacent to the monopalm. A 288 square foot equipment building will be placed at the base of the pedestrian bridge. The design of the monopalm is intended to minimize the visibility of the antennas since it will be adjacent to other trees and since the antennas themselves will be 60 feet high, out of sight to the casual observer. The equipment building will have the same concrete finish as the pedestrian bridge and will not be visible from the street. The Planning Commission voted unanimously to approve the project. The Commissioners discussed co - location, safety, and graffiti issues with the applicant at the public hearing; there was no testimony in opposition to the project. If the Conditional Use Permit is approved, the applicant will be required to develop `lease agreement with the Engineering Department for approval by the City Council. Environmental Review X N/A Categorical Exemption Financial Statement N/A Account No. STAFF RECOMMENDATION CP Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION ECO ATIO�N The Planning Commission voted to approve the Conditional Use Permit. Vote: Ayes — Ungab, Godshalk, Baca, Martinelli Abstain - Valderrama Absent Parra, Detzer ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 16-2000 2. Location Map Resolution No. A-200 (9/80) RESOLUTION NO. 16-2000 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW WIRELESS COMMUNICATIONS FACILITIES AT LAS PALMAS PARK. APPLICANT: TIM KOLSET, WFI. CASE FILE NO. CUP-2000-8 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application to allow wireless communications facilities at Las Palmas Park at a duly advertised public hearing held on August 7, 2000, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2000-8 which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 7, 2000, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the site contains the area necessary to contain the proposed wireless equipment and additional landscaping. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the unmanned wireless facility is located on a collector street and will generate little new traffic. 3.. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed equipment building will be concealed behind an existing structure and since the wireless antennas will be constructed such that they will not be visible to the casual observer. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the facility will enhance the availability of wireless communication channels BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. Plans submitted with any application for a building permit must comply with the 1998 California Building, Electrical, and Mechanical Codes. 2. Sprint and WFI shall obtain an approved lease agreement with the City of National City prior to any construction of wireless facilities. 3. Exterior walls of the equipment building and the base of the monopalm up to a height of twenty feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 4. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of the applicant and/or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. Except as required by conditions of approval, development plans shall be submitted for review and approval by the Planning Director in conformance with Exhibit A -Revised, case file no. CUP-2000-8, dated July 25, 2000. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 6. Use authorized by this Conditional Use Permit shall be limited to wireless communication facilities in conformance with Exhibit A -Revised, case file no. CUP-2000-8, dated Jul. 25, 2000. 7. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 8. The proposed equipment structure shall have a smooth concrete finish to match the pedestrian ramp and shall be enclosed with a roof. 9. A detailed landscape plan shall be submitted for the approval of the Planning Director. Landscaping shall include one date palm of a minimum 30-foot height and one date palm of a minimum 45-foot height at the time of planting to match the appearance of the proposed monopalm structure. The applicant shall maintain the palms to the satisfaction of the Parks and Recreation Department when they exceed 50 feet in height. 10. Any antennas, equipment or facilities that become obsolete shall be removed. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 21, 2000, by the following vote: AYES: Ungab, Godshalk, Baca, Martinelli NAYS: ABSENT: Parra, Detzer ABSTAIN: Valderrama (IL CHAIRMAN SCALE: 1" = 200' NORTH LAS PALMAS ELEMENTARY SCHOOL OS LAS PALMAS PARK Si.. STInt IwtSTIMX onacionsw PROPOSED WIRELESS FACILITIES SOFH I T0510 FACILITIES LOCATION NAT Z. lath 2325 22nd I- W 22 ♦� 2 2235 MAP 2205 ISO 230 FRS-3-PDd _ 22 114E ZONE BOUNDARY LOCATION MAP 18TH AND NEWELL STREET CUP-2000-8 NATIONAL CITY PLANNING 214. DRN. DATE: 7/24/00 INITIAL HEARING: 8/07/00 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 5, 2000 AGENDA ITEM NO. 11 7-ITEM TITLE NOTICE OF DECISION - CONDITIONAL USE PERMIT FOR A THRIFT STORE AT 6 \ N. EUCLID AVENUE, IN A 15,000 SQUARE FOOT SUITE IN NATIONAL CITY PLAZA SHOPPING CENTER (APPLICANT: CHILDREN'S HOSPITAL) (CASE FILE NO.: CUP-2000-16) PREPARED BY Larry Paris DEPARTMENT Planning EXPLANATION The proposed thrift store will occupy the former Wrigley's Market, a 15,000 square foot lease space which has been vacant since its fire a year ago, in the shopping center at the northwest corner of Euclid and Division. Used items will account for about 98% of sales, and the merchandise will primarily be women's clothing but will also include sporting goods, furniture, and books. The store will be open 9 to 8 Monday through Friday, 9 to 6 Saturdays, and 10 to 5 Sundays. The applicant estimates 95% of donations will be brought in by the store's trucks, and the remainder brought in by the public. A receiving area will be located at the back of the store. A fenced area may be pro- posed for delivery trucks. At the August 7 Planning Commission hearing, one concerned citizen mentioned the potential for dumping of donated items. He also stated that truck parking might not be compatible with the shopping center. Commissioners noted that conditions of approval prohibit outside drop-off of items. The Commission also specified in condition 15 that any truck parking area would require site plan review. Testimony in favor of the thrift store was given by Wrigley's Market, which is relocating in the same center. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to approve the application. Vote: Ayes: Ungab, Godshalk, Baca, Martinelli Absent: Parra, Detzer ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 17-2000 2. Location Map A-200 (9/80) RESOLUTION NO. 17-2000 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A THRIFT STORE AT 6 N. EUCLID AVENUE, IN A 15,000 SQUARE FOOT SUITE IN NATIONAL CITY PLAZA SHOPPING CENTER. APPLICANT: CHILDREN' S HOSPITAL CASE FILE NO. CUP-2000-16 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a thrift store at 6 N. Euclid Avenue, in a 15,000 square foot suite in National City Plaza Shopping Center at a duly advertised public hearing held on August 7, 2000, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2000-16 which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 7, 2000, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed activities will take place in a 15,008 square foot lease space, located in an existing shopping center with adequate parking, delivery area, delivery truck parking area, and driveway access on a 6.15 acre parcel. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed use is in an existing facility served by Euclid Avenue and Division Street, which are arterial roadways with sufficient capacity to handle traffic to the site, which has already been developed for commercial use. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the project site is located in an existing shopping center having a mixture of retail, service, and restaurant uses. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will occupy a currently vacant space, reduce the blighting influence resulting from an existing vacancy, and attract additional customers to the shopping center. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. 2. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way. 3. Fire Department access must be maintained at all times. 4. Fire equipment, hydrants, standpipes and other connections must remain clear at all times. 5. Any tenant improvements regarding sprinlder or fire alarm systems must be submitted directly to the Fire Department for approval. 6. A new business fire inspection will be conducted prior to the store's opening. 7. Tenant must apply for a tenant improvement building permit if anything is altered in the existing store. 8. Tenant must receive plan approval of signage and changes to the storefront. 9. Merchandise shall be displayed on shelves and racks, or in a similar manner. Merchandise shall be kept out of aisles, and shall not be stored in boxes on the floor of the display area. 10. Prior to opening for business the applicant shall submit a revised floor plan specifying the locations and dimensions of space devoted to new and used merchandise. The revised floor plan shall be in substantial conformance to Exhibit B, Case File No. CUP-2000-16, dated July 10, 2000. 11. Hours of operation shall be limited to the following: 9:00 a.m. to ,8:00 p.m., Monday through Friday; 9:00 a.m. to 6:00 p.m. on Saturdays; and 10:00 a.m. to 5:00 p.m. on Sundays. 12. The applicant shall have a sign indicating that donated items will only be accepted during regular business hours and may not be left outside the building 13. Donated cars will not be allowed on site at any time. 14. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 15. Use authorized by this Conditional Use Permit shall be limited to a thrift store, and except as required by conditions of approval, shall conform with Exhibit B, Case File No. CUP- 2000-16, dated July 10, 2000. The on -site storage and fencing of delivery trucks is subject to site plan approval. 16. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 21, 2000, by the following vote: AYES: Ungab, Godshalk, Baca, Martinelli NAYS: ABSENT: Parra, Detzer ABSTAIN: Valderrama ALPHA STREET CITY OF SAN DIEGO ri3 282 2/0 /40 284 SCALE: 1"=200' r NORTH 1 6 N. Euclid Avenue 'as , 4� N 40 M 39 NA 39 31 38 84 33 w' 32 a 91 22 @ 352 BUSINESS LOCATION ADJOINING BUILDINGS 2o- _ RS-2 .m 2325 23 0 LOCATION MAP T ZONE BOUNDARY DRN. DATE: 7/21 /0, INITIAL CUP-2000-16 HEARING: NATIONAL CITY PLANNING 8/07/00