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HomeMy WebLinkAboutMoynahan AmendmentFIRST AMENDMENT TO THE AGREEMENT FOR TOWING AND IMPOUND SERVICES BY AND BETWEEN THE CITY OF NATIONAL CITY AND MOYNAHAN TOWING BY AMENDING SECTION 3.5 OF SAID AGREEMENT TO INCREASE FEES THIS FIRST AMENDMENT to the Agreement for Towing and Impound Services is entered into on this 2nd day of April, 2013, by and between the City of National City ("City") and Moynahan Towing ("Contractor"). RECITALS WHEREAS, the City and the Contractor entered into an Agreement for Towing and Impound Services ("Agreement") on or about October 1, 2011, providing for towing and impound services by the Contractor from October 1, 2011 through September 30, 2013. WHEREAS, Pursuant to Section 3.5 of the Agreement, Re -Opener Clause — Fee Schedule, after the first 12 consecutive month period of the Agreement, Contractor may request and the City may agree to increase the Fee Schedule set forth in Exhibit "A" to the Agreement to adjust the fees consistent with the community standard for police towing in San Diego County. WHEREAS, Contractor has requested in increase the Fee Schedule in Exhibit "A" to the Agreement and the City finds that such increase is consistent with the community standard for police towing in San Diego County. WHEREAS, the Parties also desire to amend the Fee Schedule by adding a $75 fee for Victim/Witness Impounds for victim and witness vehicles that are impounded for investigation purposes in accordance with Vehicle Code Sections 22655 and 22655.5. NOW, THEREFORE, the parties hereto agree that the Agreement shall be amended as follows: 1. The Parties agree to amend the Fee Schedule set forth in Exhibit "A" to the Agreement to increase the fee schedule as set forth below and in the attached Exhibit "A" to adjust the fees consistent with the community standard for police towing in San Diego County. SERVICE CURRENT FEE AMENDED FEE Basic Tow $160 $190 Medium Tow $185 $210 Daily Storage Rate $ 40 $ 48 Victim/Witness Tow Fee (Evidence Hold) --- $ 75 1 2. Notwithstanding paragraph 1, above, each and every other provision of the Agreement dated October 1, 2011, shall remain in full force and effect. 3. The person signing this First Amendment to the Agreement on behalf of the Contractor represents that he/she has the authority to bind the Contractor as its designated representative. IN WITNESS WHEREOF, the Parties hereto have executed the First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY MOYNAHAN TOWING By: By: Ron Morrison, Mayor Tom Moynahan, Owner APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 2 TOWING FEE SCHEDULE SERVICE FEE • BASIC TOWING includes First Hour Hookup, Labor, Standby Time for vehicles under 9,500 GVW (unloaded). $190 • MEDIUM SIZE TOWING — BASIC TOWING includes First Hour Hookup, Labor, Standby Time for vehicles over 9,500 GVW but less than 22,000. $210 • LARGE SIZE — BASIC TOWING includes First Hour Hookup, Labor, Standby Time for Vehicles over 22,000 GVW (Unloaded). $225 • ON -SCENE OR STAND-BY LABOR: Each 15-minute increment, beyond first hour, is charged only when extraordinary labor must be expended to recover a vehicle. STANDBY is charged when the job cannot be started and must be explained on the tow bill $40 • DOLLIES will only be used when there is not a less expensive, safe manner of handling the situation. $55 • DRY RUN may also be known as a "HOOK-UP — DROP FEE" and is charged when the vehicle is hooked up and the owner returns before the vehicles is in transit. $50 • PER MILE TOWING applies only to vehicles recovered outside the jurisdiction of the City of National City. $5 • MAXIMUM STORAGE — PER DAY: "Per Day" is defined as a 24-hour $48 period. • STORAGE PER HOUR: Up to a maximum of $15 per hour. $15 • AFTER HOURS VEHICLES RELEASE: After 6PM and before 8AM, including weekends and all holidays. $65 • NOTIFICATION OF LIEN SALE: Vehicle valued at less than $4,000 $70 (22851.12 CVC). • NOTIFICATION OF LIEN SALE: Vehicle valued at over $4,000 $100 (22851.12 CVC). • POLICE EQUIPMENT TOWING within jurisdictional limits of National City. No Charge • CITY EQUIPMENT TOWING includes all City vehicles. Also includes 25% basic police vehicles towed from outside jurisdictional limits of National City. tow fee • VICTIM/WITNESS TOW FEE (Evidence Hold) $75 EXHIBIT A CITY ADMINISTRATIVE FEES • NEGLIGENT VEHICLES IMPOUND RELEASE FEE $124 • SERIOUS TRAFFIC OFFENDER PROGRAM FEE $150 EXHIBIT A