HomeMy WebLinkAbout2000 CON AT&T Moynahan and A to Z Towing - Towing ContractAGREEMENT BY AND BETWEEN
CITY OF NATIONAL CITY
(September 1, 2000 to August 31, 2005)
TOWING FEE SCHEDULE
SERVICE
BASIC TOWING
Includes First Hour Hookup, Labor, Standby Time, for vehicles
Under 9,500 GVW (unloaded).
ATTACHMENT A
FEE
$100.00
MEDIUM SIZE — BASIC TOWING $125.00
Includes First Hour Hookup, Labor, Standby Time, for vehicles
Over 9,500 GVW but less than 22,000 GVW (unloaded).
LARGE SIZE — BASIC TOWING $150.00
Includes First Hour Hookup, Labor. Standby Time, for vehicles
Over 22,000 GVW (Unloaded).
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
$ 35.00
$ 40.00
$ 3.00
SERIOUS TRAFFIC OFFENDER PROGRAM FEE
$ 20.00
$ 4.00
$ 40.00
$ 70.00
$100.00
No Charge
$ 50.00
$150.00
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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
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22656 Illegally parked or abandoned within 7 %2 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
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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.
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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
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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
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7.3 City Vehicle Tow Fees 20
7.4 Fees - Police Department Errors and Omissions 20
7.5 Referral Fee 20
20
7.6 Referral Fee - Due Date 1
22
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 23
7.12 NVIR Fee - Payments 23
7.13 NVIR Payment - Late Fee 23
7.14 STOP Impound Fee 24
7.15 STOP Impound Fees - Due Date 24
7.16 STOP Fee - Payment 24
7.17 STOP Fee - Late Fee 7.18 STOP - 30 Day Vehicle Impound Fees 24
254
7.19 30-Day impound Fees - Due Date and Payment
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
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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
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"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 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 mean the towing of a vehicle by the National City
Police Department, at the request of the vehicle owner or operator. Examples
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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.
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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.
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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
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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 petruit 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.
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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.
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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.
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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.
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,
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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
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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
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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 ofjurisdiction towing service requests, response times
shall be evaluated on an individual basis. Complaints or irregularities involving
out ofjurisdiction 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
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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 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.
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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 (1 s`) 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 (1 st) 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 (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 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 (0) 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 (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.
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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
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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
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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 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 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,
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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
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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 OTHER 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.
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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)
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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 —
2nd Quarter
3rd Quarter
4th Quarter —
December 15, 2000
— March 15, 2001
— June 15, 2001
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
1 st 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
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
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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.
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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 (1 St) 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.
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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 (15`) 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
191-11000-3550
001-11000-3550
7.17 STOP — 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.
7.18 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 tie 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 Li hting 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 — Evidentia 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
By:
George If Waters, Mayor
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
TOM MOYNAHAN
By: ovt
Tom Moynahatif
O-krf•z% 3d -DO
(Title)
32
AGREEMENT BY AND BETWEEN
CITY OF NATIONAL CITY
D
A
E
(September 1, 2000 to August 31, 2005)
TABLE OF CONTENTS
Title & Section
Recitals
1.0 DEFINITION OF TERMS
Page Number
1
1.1 Police Tow I
1.2 Police Referral Tow 1
1.3 On Demand Tow 2
1.4 Secondary Tow
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
2
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
n
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 (1 S`) 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
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
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.
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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.
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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.
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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.
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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,
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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
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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
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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
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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 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.
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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 (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.
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 (lsr) 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) Torn
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
(1 5th) 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 (0) 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 (1) 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.
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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
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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
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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 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 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,
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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
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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 OTHER 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.
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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 —
2nd Quarter
3rd Quarter —
4th Quarter —
December 15, 2000
— March 15, 2001
June 15, 2001
September 15, 2001
Second Contract Year
1st Quarter
2ndQuarteI -
3rd Quarter
4th Quarter
— December 15, 2001
March 15, 2002
— June 15, 2002
— September 15, 2002
Third Contract Year
1st Quarter —
2nd Quarter
3td 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
1st Quarter —
2nd Quarter
3`d Quarter —
4th Quarter —
December 15, 2004
— March 15, 2005
June 15, 2005
September 15, 2005
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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 (16") day of the month,
and the last day of the month, (inclusive). Payments due on the twentieth (20tf' )
day of the month shall include and account for all vehicles released by Contractor
between the first (15t) day of the month and the fifteenth (15t') 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.
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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 (56) day of each month and the twentieth (20T) day of each
month.
Payments due on the fifth (5111) 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 (V`) 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
191-11000-3550
001-11000-3550
7.17 STOP — 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.
7.18 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
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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 tie 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.
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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 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.
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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:
George H.NVaters, Mayor
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
By:
rad Ramsey
(Title)
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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).
ON -SCENE LABOR
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
$100.00
$125.00
$150.00
$ 25.00
$ 35.00
$ 40.00
$ 3.00
$ 20.00
$ 4.00
$ 40.00
$ 70.00
$100.00
No Charge
$ 50.00
$ 55.00
$150.00
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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(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
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22656 Illegally parked or abandoned within 7 %2 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
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
September 15, 2000
Torn Moynahan, Owner
Moynahan Towing Company
3200 National City Blvd
National City CA 91950
Dear Mr. Mseyrfahan,
On September 5, 2000, Resolution No. 2000-115 was passed and adopted
by 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.
We are enclosing for your records a certified copy of the above Resolution.
Michael R. Dalla, CMC
City Clerk
MRD/mla
Enclosure
cc: Lt. Osburn (NCPD)
File No: C89-12
Recycled Paper
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
September 15, 2000
Brad Ramsey General Manager
9190 Clairemont Mesa Blvd.
San Diego CA 92123
Dear Mr. Ramsey,
On September 5, 2000, Resolution No. 2000-115 was passed and adopted
by 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.
We are enclosing for your records a certified copy of the above Resolution.
Michael R. Dalla, CMC
City Clerk
MRD/mla
Enclosure
cc: Lt. Osburn (NCPD)
File No. C89-12
Recycled Paper
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE September 5, 2000
AGENDA ITEM NO.
ITEM TITLE
TOWING AGREEMENT
PREPARED BY
EXPLANATION
F DEPARTMENT
Lieutenant William Os urn
See attached.
Chief Skip DiCerchio
Police Department
Environmental Review
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Approve the Resolution
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
1.. Towing Agreement
2. Resolution
Resolution No. 2000-115
A-200 (9/80)
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 LEST:
Mic . el R. Dalla, ty Clerk
George H. aters, Mayor
D AS TO FORM:
By: Rudol Hradecky
Senior Assistant City Attorn
For: George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on September 5,
2000, by the following vote, to -wit:
Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Soto, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
City lerk of the City
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2000-115 of the City of National City, California, passed and adopted by
the Council of said City on September 5, 2000.
City Clerk of the City of National City, California
By:
Deputy
of ational City, California
Marti Alvarez
To:
Subject:
William Osburn
RE: Towing Contracts for A to Z and Moynahan
Thank you. One copy of the Resolution is in interoffice mail to you.
Original Message
From: William Osburn
Sent: Friday, September 15, 2000 12:41 PM
To: Marti Alvarez
Subject: RE: Towing Contracts for A to Z and Moynahan
Hi Marti
Please send the certified copies of the resolution to the Contractors. The Contractors name and address is on page
5 of the documents. Would you please provide me with a copy of the resolution. I do not need a certified copy. Thank
You.
Original Message
From: Marti Alvarez
Sent: Friday, September 15, 2000 11:14 AM
To: William Osburn
Subject: Towing Contracts for A to Z and Moynahan
Good morning, Lt. Osburn. Thank you for delivering the subject towing contracts to our office. As discussed, I am
holding two certified copies of the Resolution that approved the contract. Please advise if I should forward these
to you (to include with the copies of the contracts you are forwarding), or if I should mail them to the respective
towing companies. Please confirm. Have a nice day.
1
From the Office of the City Attorney
GEORGE H. EISER, III
1243 National City Boulevard
National City, CA 91950-4301
Phone (619) 336-4220 Fax (619) 336-4327
AGREEMENT—CONTRACT—MOU
INFORMATION SUMMARY
TO: CITY CLERK'S OFFICE
FOR SEPTEMBER 5, 2000
RESOLUTION NO.: 2000-115
DEPARTMENT: NCPD
COMPANY: 1) Tom Moynahan
2) A to Z Enterprises, Inc.
DESCRIPTION: Towing and Impound Services Agreements
TERMS: September 1, 2000 through August 31, 2005
COST: None — Source of revenue for the City
ADDITIONAL
COMMENTS:
Reviewed by City Attorney
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.
r
City of National City, California
COUNCIL AGENDA STATEMENT
January 23, 1996
MEETING DATE
ITEM TITLE TOWING SERVICES AGREEMENT
12
AGENDA ITEM NO.
PREPARED BY Tom G. McCabe -DJ�� t`% DEPARTMENT
EXPLANATION. George H. Eiser, III
City Manager
City Attorney
Agreements between the City, Moynahan's Towing and A to Z Enterprises, Inc. under
Resolution No. 94-27 terminate April 16, 1996.
Tim Moynahan, Managing Partner of Moynahan Towing, has requested a three year
contract extension with an additional two year option with all other terms and conditions
to remain the same. If approved, A to Z Enterprises, Inc. would also be affected by the
extension.
Environmental Review
Financial Statement
N/A
N/A
Account No
STAFF RECOMMENDATION
Request City Council direction.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below)
Towing Services Agreements Memo
Request for Extension
Letter to Moynahan Towing from Police Department
Resolution No.
A-200 (Rev. 9MPsolution 94-2/
City of National City
Office of the City Attorney
1243 National City Boulevard, National City, CA 91950
George H. Eiser, Ill • City Attorney
(619) 336-4220 FAX (619) 336-4327 TDD (619) 336-1615
TO: Purchasing Agent
FROM: City Attorney
SUBJECT: Towing Services Agreements
DATE: January 4, 1996
With the agreements for towing services between the City and Moynahan's Towing and
A to Z Enterprises, Inc. about to expire, you have requested an opinion as to the options
now available to the City. This memorandum discusses these options.
Originally, City Council Resolution No. 15,890, adopted in February 1989, established
policies for the selection and designation of tow car (tow truck) services. Generally, this
resolution set forth a procedure for the designation of two towing companies upon
recommendation of the Chief of Police after a competitive bidding process. The
resolution provided that the towing companies so designated shall enter into a three-year
contract with the City, with an option on the part of the Chief of Police to extend each
contract for an additional two years.
Pursuant to the procedures set forth in Resolution No. 15,890, the City entered into
separate agreements for towing services with A to Z Enterprises, Inc. and with
Moynahan's Towing on April 17, 1989. The original term of each agreement ended on
April 16, 1992, but each term was extended to April 16, 1994 by the Chief of Police.
On March 8, 1994, the City Council adopted Resolution No. 94-27, which rescinded
Resolution No. 15,890, but established a similar procedure for awarding towing services
agreements to two service providers on the basis of competitive bids. Resolution No. 94-
27 continued the practice established by Resolution No. 15,890 that the towing
agreements be for a term of three years, with the Chief of Police having the option to
extend the term for two additional years. However, Resolution No. 94-27 provides that
for the agreements ending April 16, 1994 only, the contract period shall be extended to
April 16, 1996.
With the Moynahan's and A to Z agreements set to expire on April 16, 1996, the
competitive bidding procedure set forth in Section II.B. of Resolution No. 94-27 must be
followed in order to select two towing service providers for the future.
Attachment 1
i:(C,,:lyd Paper
January 4, 1996
Page 2
Alternatively, the City Council has the option of extending the term of the existing towing
services agreements, by amendment of Resolution No. 94-27, and by amending the two
existing agreements. However, it should be kept in mind that since these agreements
permit the two towing service operators exclusively to do business with the City, and
since the existing agreements have been in effect for seven years, an additional extension
could potentially be subject to challenge as an anti -competitive practice under federal
antitrust laws.
Since the 1982 decision of the United States Supreme Court in Community Communica-
tions v. City of Boulder, cities have been subject to liability for anti -competitive activities
under the Sherman Act. Granting exclusive contracts and franchises is a possible basis
for such liability, unless the city comes within the state's immunity for Sherman Act
liability, by carrying out a "clearly articulated and affirmatively expressed" policy of the
state to engage in anti -competitive activity. For example, in the area of awarding
exclusive trash hauling franchises or contracts, cities are expressly authorized by state law
to enter into exclusive arrangements. However, there is no such state authority in dealing
with towing services. Thus, the City can reduce its exposure to antitrust liability by
making the process for selecting towing services operators competitive, i.e., by going
through a competitive bid process every three to five years. It should be noted that since
the enactment of the Local Government Antitrust Act of 1984, antitrust claimants can no
longer recover damages or attorney's fees against a government entity for antitrust
violations; the sole remedies available are declaratory and injunctive relief.
Please call me if you have any questions, or wish to discuss this matter.
GEORGE H. EISER, III
City Attorney
GHE/sbc
a
PHONE 477-9362
TOM
3200 NATIONAL AV
November 17, 1995
Mr. Tom McCabe, City Manager
City of National City
1243 National City Boulevard
National City, CA, 91950
Dear Mr. McCabe:
r -Z
, .• ,. ,
24 HOUR TOWING SERVICE' ANC AUTOMOBILE -STORAGE. ;
MOYNA.NIA N
NATIONAL CITY, CALIFORNIA 92053-
We have a contract with the City of National City to conduct an automobile
towing and storage business, which includes the impounding of abandoned
automobiles.
We are requesting a three year extension with a two year option of this
contract with all other terms and conditions to remain the same.
Your early reply to this request will be appreciated.
Sincerely Yours,
Tim Moynah
Managing Partner
TM:m
Attachment 2
City c:` National City '
Police Department
1200 National City Blvd., National City, CA 91950
Phone: (619) 336-4400
y
January 16, 1996
Tim Moynahan, Managing Partner
Tom Moynahan Towing Services
3200 National City Boulevard
National City, CA 91950
Dear Mr. Moynahan,
This is in response to your letter sent to Mr. Tom McCabe, City
Manager, dated November 17, 1995, regarding renewal and extension
of the current contract for towing and storage services. The
current contract runs through April 16, 1996.
Due to the length of the contract (April, 1989 until April, 1996)
and language change during the last extension, the Purchasing Agent
believed that the contract needed a review by the City Attorney.
It is the opinion of the City Attorney that since the contract has
been in effect for seven (7) years, "an additional extension could
potentially be subject to challenge as an anti -competitive practice
under federal anti-trust laws" and thus subject the City to
liability under the Sherman Act. The City Attorney recommended
that to reduce the exposure to liability, that the City go through
a competitive bid process every three to five years.
Following the advice of the City Attorney, it would be in the
City's best interest to rebid the current towing contract.
According to the City Purchasing Agent, bid packages will be mailed
February 1, 1996, with the bid opening scheduled for March 8, 1996.
Please call Lt. P. Pauu Jr. at 336-4507 if you have any questions•
or wish to discuss this matter.
Sincerely,
Anthony L. DiCerchio
Chief of Police
by
cc:
u Pauu�.r, Lieutenant
inistrative Services Section
City Manager's Office
Brenda Hodges, Purchasing Agent
Attachment 3
® Recycled Paper
RESOLUTION NO. 94-27
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ESTABLISHING POLICIES FOR THE SELECTION AND DESIGNATION OF TOW
CAR SERVICES AS REQUESTED BY THE POLICE DEPARTMENT, AND
RESCINDING RESOLUTION NO. 15,890.
THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, the Police Department finds it necessary from time
to time to remove vehicles from, 1) various locations in the City
because they are illegally parked, apparently abandoned, involved
in accidents, or obstructing traffic because of mechanical
failure, and 2) from various locations outside the City in the
course of evidence retrieval; by utilizing the services of
private towing companies, and
WHEREAS, the owners of vehicles required to be removed or
towed away because of such situations are charged with the
eApense of such towing, and because the Police Department
frequently initiates the request for such services, it is
desirable to establish certain operating procedures and
safeguards in order to provide protection to both the public and
to the Police Department in carrying out such operations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of National City that the following purpose, policies, and
standards be, and they are hereby established:
I. Purpose. It is the intention of the City Council to establish
an equitable means of distributing requests for towing services
among qualified firms and to insure that such service is prompt
and reasonably priced.
11. Policies:
A. Eligibility. Any firm shall become eligible to
participate in the assignment of service calls by the
Police Department whose business is located within a ten
(10) mile radius of the City and if it conforms to the
rules and requirements established herein. Any deviation
from the requirements of the policies established herein
or as passed by ordinance governing such towing
operations, or failure to provide reasonable, quick, and
efficient service may result in the termination of the
Agreement with such company by the City Council upon
recommendation of the Chief of Police.
Attachment 4
Page 2
B. Selection and Designation of Towing Services. Upon the
recommendation of the Chief of Police of the City of
National City, it is hereby established that there shall
be two (2) towing services selected and designated to
provide service at the request of the Police Department.
Said recommendation is based upon review of the existing
towing services and a finding that two (2) towing services
are sufficient to provide a high level of service to the
public at the present time; said limitation to two (2)
services contributes to efficient administration of the
program of providing towing services on an emergency
basis, and further fragmentation of the limited income
derived from such services would tend to reduce the
capabilities of the towing services to properly maintain
equipment and attendants, and downgrade the level of
service provided to the public. Agreements for police -
requested towing shall be awarded by the City Council to
the two (2) bidders providing the highest and best
qualifications for a three-year period based upon the
recommendation of the Chief of Police and after thorough
analysis of all factors submitted in the Bid Forms as
hereinafter delineated. The Chief may extend the Contract
two additional years as described in Section X.
C. Agreements. Successful bidders shall enter into an
Agreement with the City, which Agreement shall contain
eligibility requirements, operating regulations and fee
schedule.
D. Negotiated Agreement. In the event that substantially
similar qualifications are submitted in the Bids that are
received, or less than two (2) bids are received,
agreements shall be negotiated by the Chief of Police, and
approved by the City Council.
E. In the event that an Agreement is terminated before the
end of the term for any of the reasons set forth herein or
in the ordinance adopted by the City Council regulating
police towing services, the Chief of Police shall
negotiate an Agreement with another towing company as
prescribed in Subsection D related to negotiated
agreements. Contracts shall not be assigned without
consent of the City Council.
III. MANIMUA EQUIPiviNT STANDARDS. To be eligible to be a
provider of towing services to the City, the towing contractor
must meet the following minimum equipment standards:
A. Tow Car: Towing contractor must have at least three
rigs of one -ton capacity with rear dual wheels.
The Police Officer on the scene shall determine if
greater capacity is needed and shall call upon any
service capable of providing that capacity
regardless of whether or not said company is under
contract with the City or whether it is their
period of time to receive police requests.
Page 3
B. Company Name: Company name, address and phone
number shall be placed on both sides of all tow
cars.
C. Lights: Tow cars must, at all times, be equipped
with such headlights, tail lights, red reflectors,
stop lights, warning lights, etc. as required by
California law, plus one white utility light
(adjustable or portable); and may be equipped with
such other lights as the owner may desire which are
not forbidden by law.
U. Winch: to be power -driven by power take -off from
transmission equipped with safety dogs or
equivalent braking devices.
E. Booms: Adjustable twin booms with at lease 4-ton
capacity.
F. Cables: At least one tow car to be equipped with
300 feet of not less than 3/8 inch cable, free from
partial breaks or knots.
G. Additional Equipment: Tow cars must be equipped
with red flares, lanterns or reflectors, hand
tools, crowbar, rope, broom, shovel, dust pan, fire
extinguisher (dry chemical type), a sufficient
amount of a recognized industrial absorbant
material specifically made for use with fuel and
oil spills of less than twenty (20) gallons per
vehicle or 100 square feet of area when towing
vehicles that have been involved in a collision, a
bucket of sand, portable red tail light and stop
light for towed vehicles, equipment for opening
locked vehicles and safety snubber chain. Each tow
company shall have at least one set of dollies
readily available at all times.
H. Attendants: Attendants and operators must display
a reasonable knowledge of their work. In the event
a driver or the equipment is inadequate and the
other towing contractor is unable to service the
request, a charge for service or labor will not be
permitted.
IV. MINIMUM BUSINESS AND STORAGE LOT REQUIREMENTS. To be
eligible to be a provider of towing services to the City,
the towing contractor must meet the following minimum
business and storage lot requirements:
A. Business and Storage: The business and storage lot
must be a reasonable distance from public
transportation, and must have adequate storage
space (at least 50' x 100' or equivalent areas) to
accommodate thirty cars, either under cover or well
fenced. Stored vehicles shall be within a protected
area within the storage yard and contents must be
Page 5
3. If the towing contractor does not keep
insurance policy in full force and effect at
all times during the term of the agreement
for towing services, the City may elect to
treat the failure to maintain the requisite
insurance as a breach of the agreement and
terminate the agreement as provided in this
Resolution.
4. If the Agreement for towing services is
extended beyond its original term, insurance
provisions may be updated at the option of
the City.
D. Records: The towing contractor shall keep a record
of each towed vehicle and its license number; date
and time it was towed and location from which it
was towed; name of officer ordering the towing and
whether the vehicle was impounded or towed at the
owner's request.
1. Notice of Stored Vehicles: The towing
contractor shall notify the Police Department
in writing within ten (10) days of the
impound date in the event the contractor has
not received the Notice of Stored Vehicle
Report. Failure to have the Notice of Stored
Vehicle Report or a written notice concerning
failure to receive a report may result in the
contractor not being paid by the City for
towing, storage and other costs. The towing
contractor shall retain its copy of the
Notice of Stored Vehicle Report with its
invoice, which is held for one (1) year from
the date of the original impound. The City
shall be responsible for the first ten (10)
days of storage only if the notification
process is not adhered to.
V. Q iPLIANCE WITH STATE LAW AND WITH CITY ORDINANCES AND
REGULATIONS.
A. Each towing contractor must have a valid City
Business License to operate a tow business prior to
award of the Agreement for towing services.
B. Business and storage lots located within the City
limits must conform to all City Ordinances,
including Zoning and Building Ordinances, and have
approval of the Planning Department.
Page 6
C. During the term of the Agreement for Towing Services, the
towing contractor shall at all times comply with all
provisions of State Law and with all City Ordinances and
Regulations.
VI. DISPATCHING REQUIREMENTS.
A. All trafficquests hazardsorshalingservice
be made through theo
oPolice
Department.
1. Response time: The towing contractor shall
respond to all police initiated calls by
arriving at the scene within thirty (30)
minutes from the moment the dispatch message
is completed.
2. Penalty: If the response time exceeds thirty
(30) minutes in more than five percent (5%)
of all responses during any calendar month, a
twenty-five dollar ($25) penalty for each
incident in which the response time exceeds
thirty (30) minutes will be ssssed. Amy
sedll be
conflicts resulting from penalties
resolved by the Chief of Police.
Towing units shall be dispatched from the place of
business or a reasonable distance from the place of
business, as determined by the Police Department.
VII. OTHER RULES OF OPERATION
A. Removing Hazards: After being dispatched by the
Police Department to the scene, the tow truck
driver shall cooperate with the police officers in
removing vehicles and impounding said vehicles as
requested. It is the duty of police officers to
determine when such a vehicle should be impounded
or moved and the tow truck operator shall abide by
their decisions.
1. Operators are responsible for cleaning up and
carrying away any debris left by towed
vehicle, i.e., broken glass, vehicle parts,
spilled fuels and oils, etc.
B. Tow Car Markings: The towing contractor shall
comply with Section 27907 of the Vehicle Code of
the State of California regarding signs on tow
cars. Only tow cars bearing the name of the company
called shall be dispatched to the scene of need.
Page 7
C. Disputes: Whenever there arises a dispute over a
claim or a bill of any nature and same cannot be
satisfactorily adjusted by parties involved, the
Chief of Police or his designated agent shall have
full authority to settle any and all claims or
disagreements.
D. Ethics and Conduct: The towing contractor and its
employees shall conduct their business in an
orderly, ethical, business -like manner and use
every means to obtain and keep the confidence of
the motoring public. The towing contractor and its
employees shall conduct their business in
accordance with all applicable City, State and
Federal laws and regulations.
E. Protection of Vehicles. Vehicles impounded by the
police for special investigations, i.e. evidence in
a criminal offense, shall be held in a secure,
enclosed area large enough to store two vehicles,
until cleared by the investigating officer or his
designee. Neither vehicles nor their contents with
a police "hold" shall be touched, removed, or
disturbed in any manner.
F. Responsibility: The towing contractor participating
in towing assignments by the Police Department,
shall be responsible for the acts of its employees
while on duty. The towing contractor shall be
responsible for damage to vehicles while in its
possession.
G.
Supervision Checks and Inspections: Records,
equipment and storage facilities of the towing
contractor will be subject to periodic checks by
the Police Department.
H. Damage Appraisals: All vehicles stored or impounded
as a result of a tow ordered by the Police
Department, shall be made available to the owner of
the vehicle or his/her representative, any
insurance agent, insurance adjuster, or any body
shop or car dealer, for the purpose of estimating
or appraising damage, except vehicles with a police
"hold".
I. Access to Vehicles: Vehicles to be appraised shall
be accessible to Police Department personnel. An
employee of the towing contractor may be required
to assist.
11,
Page 8
Administrative Fee: In cases involving the towing
of a vehicle that has been assessed an
administrative fee by the Police Department, said
vehicle shall not be released until the payment of
the fee and authorization by the Police Department
for release of vehicle is presented.
K. Hold Harmless: The towing contractor shall agree to
indemnify, defend, and save harmless the City of
National City, its officers, agents, employees and
volunteers from any and all liability, loss,
claims, damages or injuries to any person,
including injury to the towing contractors
employees and all expenses of investigating and
defending against same arising from or connected
with performance of or failure to perform the work
or other obligations of the Agreement for Towing
Services, or caused or claimed to be caused by the
independent acts of the towing contractor, its
agents or employees, or the concurrent acts of the
towing contractor, City or their officers, agents
or employees or volunteers.
VIII. CHARGES: The towing contractor shall base its charges
according to the rate schedule to be agreed upon by City
and the towing contractor. The City and the towing
contractor may review and revise the rate schedule during
July and January of each year if requested by the
contractor, otherwise the schedule shall be reviewed at
least once every two (2) years. The rate schedule shall
be available to any interested citizen upon request. The
towing contractor shall receive no compensation or other
form of consideration from the City for providing towing
services under this agreement.
IX. MODIFICATION OF AGREEMENT: With regard to the equipment
standards set forth in Section III.G. herein, the Chief of
Police or his designated agent shall have the authority to
unilaterally modify the requirements of the agreement for
towing services upon 30 days written notice to the towing
contractor.
X. TERvi OF AGREEMENT: The agreement for towing services
shall be for a period of three (3) years commencing from
the starting date of the agreement. The Chief of Police
shall have the authority to extend the contract period for
up to two (2) years beyond the initial three (3) year
term.
• Page 9
The Chief of Police has the discretion to extend the
Agreement taking into consideration the overall
performance of the towing contractor during the initial
three (3) year contract period. For the term ending April
16, 1994 only, the contract period shall be extended to
April 16, 1996.
XI. BID EVALUATION: Any firm meeting the minimum eligibility
requirements may submit a bid to the City of National City
to participate in emergency police towing operations. The
bid shall be in a form as prepared by the City of National
City, which form shall include the following factors to be
completed by the bidder, and shall constitute the basis
for recommendation by the Chief of Police.
A. BUSINESS OPERATION
1. Name of Firm: Indicate whether corporation or
partnership, list all parties having a
financial interest in said towing firm,
including names and addresses and the number
of years business has been established in the
area.
2. Financial Statement: List in general terms
the amount of investment in firm properties,
including equipment as well as lots and
buildings. Also include description of
expansion of business operations since
business was originally established.
3. Experience: List number of years and location
of participation in similar police towing
services, together with any commendations or
complaints received from governmental
agencies in conduct of said business.
Operator shall provide a list of three
business references preferably including one
police department.
a. Operator shall provide a list of law
suits, including small claims, in which
the tow company is party to, either
settled or pending, filed after 01-01-
87.
4. Stability: State business activities of firm
aside from participation in police towing
activities.
Page 10
5. Attendants and Drivers: List names and CDL
numbers of all attendants and drivers who
will be conducting the police towing service,
as well as the number of years employed,
training received by attendants and drivers,
and experience of personnel in the conduct of
the towing business.
6. Equipment: Describe available equipment to be
used in police towing services, particularly
in terms of comparative qualities or
capacities as related to minimum eligibility
requirements.
7. Communications: Describe the method of
operation of the communications system
between the place of business and operating
tow trucks, as well as the means utilized for
insuring prompt dispatch of trucks upon
receipt of call from the Police Department.
8. Other Facilities and Personnel Available:
List all provisions for record keeping, back-
up personnel and auxiliary services which
might be required to effectively carry out a
high level of service to the public in the
business of tow truck operations.
B. BUSINESS AND STORAGE LOT
1. Primary Business Location: List location of
primary business operation, including
dimensions and type of facility available.
2. Storage Lot: List locations of storage
lot(s); dimensions thereof, relationship to
primary business operation, type of
protection afforded and screening and
maintenance provided at lot(s).
Page 11
BE IT FURTHER RESOLVED that Resolution No. 15,890 is hereby
rescinded.
PASSEL) AND ADOPTED this 8th day of March, 1994.
George Waters, Mayor
ATTEST:
H.h (/1 t, 11LM,,1 Rerptli .Q e 7 i
Lori Anne Peoples, City Clerk
APPROVED AS TO FORM:
George H. Eiser III, City Attorney
ISSUE DATE (MM/DD/YY)
4/21/95
PRODUCER
ROBERT F. DRIVER CO., INC.
JAMES A. SAUCIER, AGENT
1620 5TH AVENUE
SAN DIEGO, CA 92101-2703
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW
COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A
INSURED
Moynahan's
Thomas Moynahan
3200 National City Blvd
National City CA 91950-7234
COMPANY
LETTER B GOLDEN EAGLE INSURANCE COMPANY
COMPANY
LETTER
COMPANY
LETTER D
COMPANY
LETTER E
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
TR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFF.
DATE (MM/DD/YY)
POLICY EXP.
DATE (MM/DD/YY)
LIMITS
GENERAL LIABILITY
COMM. GENERAL LIABILITY
.,.::.. CLAIMS MADE nOCC.
OWNER'S & CONTRACT'S PROT
GENERAL AGGREGATE
PROD-COMP/OP AGG.
PERS. & ADV. INJURY
EACH OCCURRENCE
FIRE DAMAGE(One Fire)
MED. EXP. (One Per)
B AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
NON -OWNED AUTOS
X
GARAGE LIABILITY
ON -HOOK LIAB $5 0000
TCR30730700
4/16/95
4/16/96
COMBINED SINGLE
LIMIT
1000000
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENC
AGGREGATE
fflga
WORKERS' COMPENSATION
AND
EMPLOYER'S LIABILITY
STATUTORY LIMITS
EACH ACCIDENT
DISEASE -POLICY LIMIT
DISEASE -EACH
OTHER
HCLES/SPECIAL ITEMS
,OR NON-PAYMENT OF PREMIUM
1:11 x ur 1Vfi ii 'tu.,'.ITY
1243 NATIONAL CITY BLVD.
NATIONAL CITY, CA 91950
AitsuA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 10* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHOR,RZ.ED.R PRESENTATIVE
u
ROBERT F. DRIVER CO., INC. • COMPLETE INSURANCE/BOND SERVICE•
1
April 21, 1995
City of National City
1243 National City Blvd.
National City, CA 91950
RE: Moynahan's
POLICY NO. TCR30730700
Enclosed is:
( ) The above captioned policy for your records as First Mortgagee,
Second Mortgagee, Third Mortgagee.
( ) Endorsement(s) for attachment to the above captioned policy.
( ) Signed authorization from the assured.
( ) Invoice for the premium for the above captioned policy to be
paid from assured's impounds.
(XX) Certificate of insurance. (The attached is for information
only and is not designed to revise the Insureds contract.)
Very truly yours,
ROBERT F. DRIVER CO., INC.
Kdthy Yenawir\CISR
Administrative1Asistant
to James A. Saucier, VP
kdy/enclosure
cc: Moynahan's
IIOME, OFFICE
1620 FIFTH AVENUE, SAN DIEGO, CALIFORNIA 92101-2797 • (619) 238-1828
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Lori Anne Peoples - City Clerk (619) 336-4226
August 4, 1994
Tom Moynahan
Moynahan's Towing
3200 National City Boulevard
National City, California 91950
Dear Mr. Moynahan:
Enclosed for your records is a certified copy of Resolution No. 94-114 of
the City Council of the City of National City, which was passed and
adopted on August 2, 1994.
Also enclosed is a fully -executed copy of the agreement which was
authorized by the resolution.
Janie Daniels,
Secretary to the City Clerk
cc: Purchasing Agent Brenda Hodges
Enclosures (2)
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Lori Anne Peoples - City Clerk (619) 336-4226
August 4, 1994
Brad Ramsey
A to Z Enterprises, Inc.
9190 Clairemont Mesa Boulevard
San Diego, California 92123
Dear Mr. Ramsey:
Enclosed for your records is a certified copy of Resolution No. 94-114 of
the City Council of the City of National City, which was passed and
adopted on August 2, 1994.
Also enclosed is a fully -executed copy of the agreement which was
authorized by the resolution.
Sincerely,
/✓
anie Daniels,
Secretary to the City Clerk
cc: Purchasing Agent Brenda Hodges
Enclosures (2)
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Lori Anne Peoples - City Clerk (619) 336-4226
April 6, 1994
Brad Ramsey
A to Z Enterprises, Inc.
9190 Clairemont Mesa Boulevard
San Diego, California 92123
Dear Mr. Ramsey:
Enclosed is a copy of Resolution No. 94-27 of the City Council of
the City of National City, passed and adopted on March 8. 1994.
establishing policies for the selection and designation of Tow
Car Services as requested by the Police Department, and
rescinding Resolution No. 15.890.
Also enclosed is a copy of the minutes of the City Council
meeting of March 8. 1994. Note that under the action taken on
this item (Item #7) Council voted to approve the listed changes
with an amendment to the last item to extend the current
contracts for two years.
Sincerely,
jez )zC _ c, —
Janie Daniels,
Secretary to the City Clerk
Enclosures (2)
cc: Purchasing Agent
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Lori Anne Peoples - City Clerk (619) 336-4226
April 6. 1994
Thomas Moynahan
Moynahan's Towing
3200 National City Boulevard
National City, California 91950-7234
Dear Mr. Moynahan:
Enclosed is a copy of Resolution No. 94-27 of the City Council of
the City of National City. passed and adopted on March 8. 1994.
establishing policies for the selection and designation of Tow
Car Services as requested by the Police Department, and
rescinding Resolution No. 15.890.
Also enclosed is a copy of the minutes of the City Council
meeting of March 8. 1994. Note that under the action taken on
this item (Item #7) Council voted to approve the listed changes
with an amendment to the last item to extend the current
contracts for two years.
Sincerely.
aanie Daniels.
Secretary to the City Clerk
Enclosures (2)
cc: Purchasing Agent
PRODUCER
J. SAUCIER
ROBERT F. DRIVER CO., INC.
1620 5TH AVENUE
SAN DIEGO, CA 92101-2703
ISSUE DATE (MM/DD/YY)
n 2/16/94
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW
COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A
INSURED
Moynahan's
Thomas Moynahan
3200 National City Blvd
National City CA 91950-7234
COMPANY p
LETTER o
COMPANY ^
LETTER
COMPANY GOLDEN EAGLE INSURANCE COMPANY
LETTER D
COMPANY
LETTER
.......................................
COVERAOES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFF.
DATE (MM/DD/YY)
POLICY EXP.
DATE (MM/DD/YY)
LIMITS
GENERAL LIABILITY
COMM. GENERAL LIABILITY
........ CLAIMS MADE OCC.
OWNER'S & CONTRACT'S PROT
GENERAL AGGREGATE
PROD-COMP/OP AGG.
PERS. & ADV. INJURY
EACH OCCURRENCE
FIRE DAMAGE(One Fire)
MED. EXP. (One Per)
AUT
OMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON•OWNED AUTOS
GARAGE LIABILITY
COMBINED SINGLE
LIMIT
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
D
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORN
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
NWC11201203
2/13/94
2/13/95
EACH OCCURRENCE
AGGREGATE
STATUTORY LIMITS
EACH ACCIDENT
DISEASE•POLICY LIMIT
DISEASE•EACH EMP.
1000000
1000000
1000000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
.................................................................
CITY OF NATIONAL CITY
BUSINESS LICENSE DIVISION
1243 NATIONAL CITY BLVD.
NATIONAL CITY, CA 91950-4397
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
CW o.4 J2-4 -
y of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE March 8, 1994
AGENDA ITEM NO. 7
ITEM TITLE Resolution revising policies and procedures regarding the\
towing contract for the Police Department.
EXPLANATION
The towing contract is due to expire and there is need to revise
a few sections of the existing policies and procedures, to
clarify bidders rights and requirements under the terms of the
contract.
PREPARED BY Brenda E _ Hodges h' '' DEPARTMENT Purchasing
George H. Eiserl - i' City Attorney
Environmental Review
Financial Statement
X N/A
None
Account No.
STAFF RECOMMENDATION In concurrence with the Police Department
Purchasing Agent recommends that Council approve the attached
resolution.
BOARD/COMMISSION RECOMMENDATION N/A
ATTACHMENTS (Listed Below)
Listofsignificant changes
Resolution No. 94-27
A-200 (Rev. 9/80)
SIGNIFICANT CHANGES
SECTION: CHANGE REFLECTED:
Paragraph 3 Adds language regarding towing from outside the
City in the course of evidence retrieval.
IIB Removes sentence restricting boundaries to City
limits.
IIC Removes sentence regarding review of rate schedule,
and moves it to section VIII entitled "Charges".
IIIG Requires use of a recognized absorbant material
"specifically made for use with" fuel and oil
spills.
VIIA1 Language added to include clean-up of spilled fuels
and oils. This merely clarifies duties since
policy already requires them to carry absorbant
material on trucks.
VIII
Language added to include statement regarding
review of rate schedule (moved from Section IIC).
Language added to reiterate availability of rate
schedule to any interested citizen upon request as
already stated in section IIC.
Language added to deny Contractor any additional
compensation or other form of consideration from
the City for providing towing services under this
agreement.
Language added to extend current contract only, by
up to sixty (60) days.
RESOLUTION NO. y 4 - 2 7
RESOLUTION OF THE CITY COUNNCIL OF THE CITY OF NATIONAL CITY
ESTA8L I SH I iNG POLICIES FOR THE SELECTION AND DES I GNAT I Ol' OF Toy
Chit SERVICES AS REQUESTED by THE POLICE DEPARTMENT, AND
RESCINVDING RESOLUTION NO. 15,890.
TdE CITY COUNCIL OF THE iE CITY OF NATIONAL CITY DOES HEREBY RESOLVE
AS FOLLuvti'S :
W-JEREAS, the Police Department finds it necessary from time
to time to remove vehicles from, 1) various locations in the City
because they are illegally parked, apparently abandoned, involved
in accidents, or obstructing traffic because of mechanical
failure, and 2) from various locations outside the City in the
course of evidence retrieval; by utilizing the services of
private towing companies, and
tvi-iiciiAS, the owners of vehicles required to be removed or
towed away because of such situations are charged with the
eApense of such towing, and because the Police Department
frequently initiates the request for such services, it is
desirable to establish certain operating procedures and
safeguards in order to provide protection to both the public and
to the Police Department in carrying out such operations.
NO', THEREFORE, BE 1T RESOLVED by the City Council of the
City of National City that the following purpose, policies, and
standards be, and they are hereby established:
I. Purpose. It is the intention of the City Council to establish
an equitable means of distributing requests for towing services
among qualified firms and to insure that such service is prompt
and reasonably priced.
II. Policies:
A. Eligibility. Any firm shall become eligible to
participate in the assignment of service calls by the
Police Department whose business is located within a ten
(10) mile radius of the City and if it conforms to the
rules and requirements established herein. Any deviation
from the requirements of the policies established herein
or as passed by ordinance governing such towing
operations, or failure to provide reasonable, quick, and
efficient service may result in the termination of the
Agreement with such company by the City Council upon
recontnendation of the Chief of Police.
Page 2
B. Selection and Designation of Towing Services. Upon the
recommendation of the Chief of Police of the City of
rvational City, it is hereby established that there shall
be two (2) towing services selected and designated to
provide service at the request of the Police Department.
Said recommendation is based upon review of the existing
towing services and a finding that two (2) towing services
are sufficient to provide a high level of service to the
public at the present time; said limitation to two (2)
services contributes to efficient administration of the
program of providing towing services on an emergency
basis, and further fragmentation of the limited income
derived from such services would tend to reduce the
capabilities of the towing services to properly maintain
equipment and attendants, and downgrade the level of
service provided to the public. Agreements for police -
requested towing shall be awarded by the City Council to
the two (2) bidders providing the highest and best
qualifications for a three-year period based upon the
recommendation of the Chief of Police and after thorough
analysis of all factors submitted in the Bid Forms as
hereinafter delineated. The Chief may extend the Contract
two additional years as described in Section X.
C. Agreements. Successful bidders shall enter into an
Agreement with the City, which Agreement shall contain
eligibility requirements, operating regulations and fee
schedule.
D. ive otiated Agreement. In the event that substantially
similar qualifications are submitted in the bids that are
received, or less than two (2) bids are received,
agreements shall be negotiated by the Chief of Police, and
approved by the City Council.
E. In the event that an Agreement is terminated before the
end of the term for any of the reasons set forth herein or
in the ordinance adopted by the City Council regulating
police towing services, the Chief of Police shall
negotiate an Agreement with another towing company as
prescribed in Subsection D related to negotiated
agreements. Contracts shall not be assigned without
consent of the City Council.
III ,alivlr.iUi,; EkUIP;,iEivT STAiVDARDS. To be eligible to be a
provider of towing services to the City, the towing contractor
must meet the following minimum equipment standards:
A.
Tow Car: Towing contractor must have at least three
rigs of one -ton capacity with rear dual wheels.
The Police Officer on the scene shall determine if
greater capacity is needed and shall call upon any
service capable of providing that capacity
regardless of whether or not said company is under
contract with the City or whether it is their
period of time to receive police requests.
Page 3
Company Name: Company name, address and phone
number shall be placed on both sides of all tow
cars.
C. Lights: Tow cars must, at all times, be equipped
with such headlights, tail lights, red reflectors,
stop lights, warning lights, etc. as required by
California law, plus one white utility light
(adjustable or portable); and may be equipped with
such other lights as the owner may desire which are
not forbidden by law.
U. Winch: to be power -driven by power take -off from
transmission equipped with safety dogs or
equivalent braking devices.
booms: Adjustable twin booms with at lease 4-ton
capacity.
F. Cables: At least one tow car to be equipped with
300 feet of not less than 3/8 inch cable, free from
partial breaks or knots.
G. Additional Equipment: Tow cars must be equipped
with red flares, lanterns or reflectors, hand
tools, crowbar, rope, broom, shovel, dust pan, fire
extinguisher (dry chemical type), a sufficient
amount of a recognized industrial absorbant
material specifically made for use with fuel and
oil spills of less than twenty (20) gallons per
vehicle or 100 square feet of area when towing
vehicles that have been involved in a collision, a
bucket of sand, portable red tail light and stop
light for towed vehicles, equipment for opening
locked vehicles and safety snubber chain. Each tow
company shall have at least one set of dollies
readily available at all times.
t
Attendants: Attendants and operators must display
a reasonable knowledge of their work. In the event
a driver or the equipment is inadequate and the
other towing contractor is unable to service the
request, a charge for service or labor will not be
permitted.
Iv. iv1I N I,'vitim BUSINESS AND STORAGE LOT kEQU I REMENTS . To be
eligible to be a provider of towing services to the City,
the towing contractor must meet the following minimum
business and storage lot requirements:
A. Business and Storage: The business and storage lot
must be a reasonable distance from public
transportation, and must have adequate storage
space (at least 50' x 100' or equivalent areas) to
accommodate thirty cars, either under cover or well
fenced. Stored vehicles shall be within a protected
area within the storage yard and contents must be
Page 4
kept safe from pilfering. Storage yard shall have a
minimum six foot high fence and be lighted to the
rate of one foot (1') candle power per square foot
of storage space.
. 13. Hours: There shall be an attendant on call, capable
of responding to police requests for towing 24
hours a day, 7 days a week, as well as be present
or available for the release of vehicles to the
public. An additional fee may be charged for
releases to vehicle owners after normal business
hours (11-F 8:00 Aivi to 5:00 Pvi except holidays). The
fee shall be set by the towing contractor and
agreed upon by the City.
C. Insurance: The towing contractor shall procure and
maintain Workers' Compensation Insurance in
accordance with the laws of the State of
California. The towing contractor shall be insured
by an insurance carrier acceptable to the City
against loss from fire, theft, public liability,
property damage, automobile liability and garage
keepers legal liability. Evidence of same shall be
received and approved by the City prior to
execution of the Agreement for towing services.
minimum limits for general and automobile coverage
liability shall be one million dollars (S1,000,000)
Combined Single Limit. All insurance policies shall
name the City of National City, its officers,
agents, employees and volunteers as additional
insureds, and shall constitute primary insurance as
to the City, it's officers, agents, employees and
volunteers, so that any other policies held by the
City shall not contribute to any loss under said
insurance. The insurance policies required by this
section shall contain a rider providing that in the
event of cancellation of the insurance policy for
any reason whatsoever, the towing contractor and
the City shall be notified by registered mail not
less than thirty (30) calendar days prior to such
cancellation.
1. City is to be held harmless regarding payment
of or litigation arising out of any
deductible amounts in relation to the
insurance coverage afforded by the
contractor.
2. If the required insurance coverage is
provided on a "claims made" rather than
"occurence" form, the towing contractor shall
maintain such insurance coverage for three
years after expiration of the term (and any
extensions) of the agreement for towing
services.
Page 5
3. If the towing contractor does not keep
insurance policy in full force and effect at
all times during the term of the agreement
for towing services, the City may elect to
treat the failure to maintain the requisite
insurance as a breach of the agreement and
terminate the agreement as provided in this
Resolution.
4. If the Agreement for towing services is
extended beyond its original term, insurance
provisions may be updated at the option of
the City.
U. Records: The towing contractor shall keep a record
of each towed vehicle and its license number; date
and time it was towed and location from which it
was towed; name of officer ordering the towing and
whether the vehicle was impounded or towed at the
owner's request.
1. Notice of Stored Vehicles: The towing
contractor shall notify the Police Department
in writing within ten (10) days of the
impound date in the event the contractor has
not received the Notice of Stored Vehicle
Report. Failure to have the Notice of Stored
Vehicle Report or a written notice concerning
failure to receive a report may result in the
contractor not being paid by the City for
towing, storage and other costs. The towing
contractor shall retain its copy of the
Notice of Stored Vehicle Report with its
invoice, which is held for one (1) year from
the date of the original impound. The City
shall be responsible for the first ten (10)
days of storage only if the notification
process is not adhered to.
V. Cui,iPLIANCE td1Tt STATE LA. ANJ VVITd CITY U uINANCES AND
REC.ULAT I UNS .
A.
B.
Each towing contractor must have a valid City
Business License to operate a tow business prior to
award of the Agreement for towing services.
Business and storage lots located within the City
limits must conform to all City Ordinances,
including Zoning and building Ordinances, and have
approval of the Planning Department.
�rHIi�A.
Page 6
C. During the term of the Agreement for Towing Services, the
towing contractor shall at all times comply with all
provisions of State Law and with all City Ordinances and
Regulations.
VI. DISPATCriING i.E UIRLVIENTS.
A. All requests for towing service and the removal of
traffic hazards shall be made through the Police
Department.
1. Response time: The towing contractor shall
respond to all police initiated calls by
arriving at the scene within thirty (30)
minutes from the moment the dispatch message
is completed.
2. Penalty: If the response time exceeds thirty
(30) minutes in more than five percent (5%)
of all responses during any calendar month, a
twenty-five dollar ($25) penalty for each
incident in which the response time exceeds
thirty (30) minutes will be assessed. Any
conflicts resulting from penalties shall be
resolved by the Chief of Police.
i;. Towing units shall be dispatched from the place of
business or a reasonable distance from the place of
business, as determined by the Police Department.
VI I . OTHER RULES OF OPE <AT I ON
A. Removing hazards: After being dispatched by the
Police Department to the scene, the tow truck
driver shall cooperate with the police officers in
removing vehicles and impounding said vehicles as
requested. It is the duty of police officers to
determine when such a vehicle should be impounded
or moved and the tow truck operator shall abide by
their decisions.
1. Operators are responsible for cleaning up and
carrying away any debris left by towed
vehicle, i.e., broken glass, vehicle parts,
spilled fuels and oils, etc.
b. Tow Car markings: The towing contractor shall
comply with Section 27907 of the Vehicle Code of
the State of California regarding signs on tow
cars. Only tow cars bearing the name of the company
called shall be dispatched to the scene of need.
Page 7
C. Disputes: Whenever there arises a dispute over a
claim or a bill of any nature and same cannot be
satisfactorily adjusted by parties involved, the
Chief of Police or his designated agent shall have
full authority to settle any and all claims or
disagreements.
D. Ethics and Conduct: The towing contractor and its
employees shall conduct their business in an
orderly, ethical, business -like manner and use
every means to obtain and keep the confidence of
the motoring public. The towing contractor and its
employees shall conduct their business in
accordance with all applicable City, State and
Federal laws and regulations.
E. Protection of Vehicles. Vehicles impounded by the
police for special investigations, i.e. evidence in
a criminal offense, shall be held in a secure,
enclosed area large enough to store two vehicles,
until cleared by the investigating officer or his
designee. Neither vehicles nor their contents with
a police "hold" shall be touched, removed, or
disturbed in any manner.
F. Responsibility: The towing contractor participating
in towing assignments by the Police Department,
shall be responsible for the acts of its employees
while on duty. The towing contractor shall be
responsible for damage to vehicles while in its
possession.
G. Supervision Checks and Inspections: Records,
equipment and storage facilities of the towing
contractor will be subject to periodic checks by
the Police Department.
1i. Damage Appraisals: All vehicles stored or impounded
as a result of a tow ordered by the Police
Department, shall be made available to the owner of
the vehicle or his/her representative, any
insurance agent, insurance adjuster, or any body
shop or car dealer, for the purpose of estimating
or appraising damage, except vehicles with a police
"hold".
I. Access to Vehicles: Vehicles to be appraised shall
be accessible to Police Department personnel. An
employee of the towing contractor may be required
to assist.
Page 8
Administrative Fee: In cases involving the towing
of a vehicle that has been assessed an
administrative fee by the Police Department, said
vehicle shall not be released until the payment of
the fee and authorization by the Police Department
for release of vehicle is presented.
K. Hold Harmless: The towing contractor shall agree to
indemnify, defend, and save harmless the City of
National City, its officers, agents, employees and
volunteers from any and all liability, loss,
claims, damages or injuries to any person,
including injury to the towing contractors
employees and all expenses of investigating and
defending against same arising from or connected
with performance of or failure to perform the work
or other obligations of the Agreement for Towing
Services, or caused or claimed to be caused by the
independent acts of the towing contractor, its
agents or employees, or the concurrent acts of the
towing contractor, City or their officers, agents
or employees or volunteers.
VIII CHARGES: The towing contractor shall base its charges
according to the rate schedule to be agreed upon by City
and the towing contractor. The City and the towing
contractor may review and revise the rate schedule during
July and January of each year if requested by the
contractor, otherwise the schedule shall be reviewed at
least once every two (2) years. The rate schedule shall
be available to any interested citizen upon request. The
towing contractor shall receive no compensation or other
form of consideration from the City for providing towing
services under this agreement.
IX. ivDDIF ICAT IUN OF AGREEv1Et'T: With regard to the equipment
standards set forth in Section III.G. herein, the Chief of
Police or his designated agent shall have the authority to
unilaterally modify the requirements of the agreement for
towing services upon 30 days written notice to the towing
contractor.
n.
OF AGiEi iEiNT: The agreement for towing services
shall be for a period of three (3) years commencing from
the starting date of the agreement. The Chief of Police
shall have the authority to extend the contract period for
up to two (2) years beyond the initial three (3) year
term.
Page 9
The Chief of Police has the discretion to extend the
Agreement taking into consideration the overall
performance of the towing contractor during the initial
three (3) year contract period. For the term ending April
16, 1994 only, the contract period shall be extended to
April 16, 1996.
XI. DID 1VALUATION: Any firm meeting the minimum eligibility
requirements may submit a bid to the City of National City
to participate in emergency police towing operations. The
bid shall be in a form as prepared by the City of National
City, which form shall include the following factors to be
completed by the bidder, and shall constitute the basis
for recorrcnendation by the Chief of Police.
A. bUSIN :SS UPt r�ATIurn
1. Name of firm: Indicate whether corporation or
partnership, list all parties having a
financial interest in said towing firm,
including names and addresses and the number
of years business has been established in the
area.
2. Financial Statement: List in general terms
the amount of investment in firm properties,
including equipment as well as lots and
buildings. Also include description of
expansion of business operations since
business was originally established.
3. Experience: List number of years and location
of participation in similar police towing
services, together with any commendations or
complaints received from governmental
agencies in conduct of said business.
Operator shall provide a list of three
business references preferably including one
police department.
a. Operator shall provide a list of law
suits, including small claims, in which
the tow company is party to, either
settled or pending, filed after 01-01-
b7.
4. Stability: State business activities of firm
aside from participation in police towing
activities.
Page 10
5. Attendants and Drivers: List names and CDL
numbers of all attendants and drivers who
will be conducting the police towing service,
as well as the number of years employed,
training received by attendants and drivers,
and experience of personnel in the conduct of
the towing business.
6. Equipment: Describe available equipment to be
used in police towing services, particularly
in terms of comparative qualities or
capacities as related to minimum eligibility
requirements.
7. Communications: Describe the method of
operation of the communications system
between the place of business and operating
tow trucks, as well as the means utilized for
insuring prompt dispatch of trucks upon
receipt of call from the Police Department.
8. Other Facilities and Personnel Available:
List all provisions for record keeping, back-
up personnel and auxiliary services which
might be required to effectively carry out a
high level of service to the public in the
business of tow truck operations.
bUS I NES S AND STORAGE LOT
1. Primary Business Location: List location of
primary business operation, including
dimensions and type of facility available.
2. Storage Lot: List locations of storage
lot(s); dimensions thereof, relationship to
primary business operation, type of
protection afforded and screening and
maintenance provided at lot(s).
Page 11
6E IT FURTHER RESOLVFtr that Resolution No. 15,890 is hereby
rescinded.
PASSE AND ADOPTED this 8th day of March, 1994.
d.yy.L /1- Lr
George 9ti. Waters, Mayor
ATTEST:
Mk 4 :c).12
Lori Anne Peoples, City Clerk
APPkuVE AS To Fvi: :
Geo//'!) °.°3
rge H. 1iser III, City Attorney
Passed and adopted by the Council of the City of National City, California,
on March 8. 1994 by the following vote, to -wit:
Ayes: Councilmen Dalla, Inzunza, Morrison. Zarate. Waters
Nays: Councilmen None
Absent: Councilmen None
Abstain: Councilmen None
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
C9iA \�.1
City erk of the City
National
Cit , California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and cor-
rect copy of RESOLUTION NO....9.47:27 of the City of National City,
Calif., passed and adopted by the Council of said City on M.ar..c.h...8.....19.94
(Seal)
By:
City Clerk of the City of National City, California
Deputy
CERTIFICATE OF INSURANCE
PRODUCER
Centerpointe insurance Services, Ltd.
28720 Roadside Drive Suite 299
Agoura Hills, CA 91301
818-991-2441
INSURED
A - Z ENTERPRISES, INC.
9190 CLAIREMONT MESA BLVD.
SAN DIEGO, CA 92123
EMMEN COVERAGES
T
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY LETTER A: SAFECO INS CO OF AMERICA
COMPANY LETTER B: GENERAL INS CO OF AMERICA
COMPANY LETTER C:
COMPANY LETTER 0:
COMPANY LETTER E:
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
A
POLICY NUMBER
GENERAL LIABILITY
[ 1 COMMERCIAL GENERAL LIABILITY
I ] CLAIMS MADE I I OCCUR.
f I OWNER'S K. CONTRACTOR'S PROT.
T
POL. EFF.
DATE
POL. EXP,
DATE
LIMITS
GENERAL AGGREGATE $
PRODUCT-COMP/OPS AGG.
PERSONAL & ADV. INJURY
EACH OCCURRENCE
FIRE DAMAGE [Any one fire) $
MED. EXPENSE (Any one person) S
AUTOMOBILE LIABILITY
[ ] ANY AUTO
[ 1 ALL OWNED AUTOS
[XI SCHEDULED AUTOS
IXI HIRED AUTOS
[X1 NON -OWNED AUTOS
[XI GARAGE LIABILITY
IX] INCb PREM/PROD/COMP OPS
EXCESS LIABILITY
[ 1 UMBRELLA FORM
[ 1 OTHER THAN UMBRELLA FORM
BA7751255A
03/20/93
03/20/94
COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per Accident)
PROPERTY DAMAGE
$ 1,000,000
$
EACH OCCURENCE
AGGREGATE
WORKER'S COMPENSATION
AND
EMPLOYER'S LIABILITY
OTHER
B [X1 ON HOOK
CP1151255A
03/20/93
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
GARAGEKEEPERS LEGAL LIABILITY $500,000 LIMIT
EMMEN CERTIFICATE HOLDER
ADDITIONAL INSURED:
CITY OF NATIONAL CITY
2100 HOOVER AVE.
NATIONAL CITY, CA 92050
ISTATUTORY LIMITS I
EACH ACCIDENT
DISEASE -POLICY LIMIT
DISEASE -EACH EMPLOYEE
03/20/94
50,000/100,000
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY
WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL
SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
FORM 25—s (7/90)
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Lori Anne Peoples - City Clerk (619) 336-4226
April 15, 1992
A to Z Metro Towing
9190 Clairniomt Mesa Boulevard
San Diego, CA 92123
Dear Sirs
Enclosed is a copy of Resolution No. 92-48 which was adopted on
April 7, 1992 and your original contract.
Sincerely,
)L�a
anis Strangm
Enclosure (1)
d---1�
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Lori Anne Peoples - City Clerk (619) 336-4226
April 15, 1992
Moynahan's
3200 National City Boulevard
National City, CA 91950
Dear Mr. Moynahan:
Enclosed is a copy of Resolution No. 92-47 which was adopted on
April 7, 1992 and your original contract.
Sincerely,
•
lei
jAnis Strangman
Enclosure (1)
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE August 2, 19R4 AGENDA ITEM NO. 6
% ITEM TITLE RESOLUTION ACCEPTING THE AMENDMENTS TO AGREEMENT FORS
TOWING SERVICES
PREPARED BY Brenda E. Hodges DEPARTMENT Purchasing
EXPLANATION
Amendments to the City's Towing Contract were approved by the City
Council on March 8, 1994, via Resolution No. 94-27.
Amendments were drafted and forwarded to the- two contractors
(Moynahan's Towing and A to Z Towing) for signature.
They are now submitted to Council for signature to complete the
process.
Environmental Review
Financial Statement
N/A
X N/A
Account No.
STAFF RECOMMENDATION
Accept and sign.
BOARD/COMMISSION RECOMMENDATION
ATTACHMENTS (Listed Below)
Two copies of Moynahan's signed amendment.
Two copies of A to Z signed amendment.
Resolution No. 94-114
A-200 (Rev. 9/80)
RESOLUTION NO. 94-114
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
AMENDMENTS TO AGREEMENTS FOR TOWING SERVICES WITH
MOYNAHAN'S TOWING AND A TO Z TOWING
WHEREAS, the City of National City entered into separate agreements with
Moynahan's Towing and A to Z Towing for towing services on April 17, 1989; and
WHEREAS, the City, Moynahan's Towing, and A to Z Towing now desire
to amend various provisions of said agreements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of National City that the Mayor is hereby authorized to execute amendments to
agreements with Moynahan's Towing and A to Z Towing for towing services. Said
amendments are on file in the Office of the City Clerk.
PASSED and ADOPTED this 2nd day of August, 1994.
George H. aters, Mayor
A11EST:
qLo ' Anne Peoples, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California,
on August 2, 1994
Ayes: Councilmen
Nays: Councilmen
Absent: Councilmen
Abstain: Councilmen
AUTHENTICATED BY:
by the following vote, to -wit:
Dalla, Inzunza, Morrison, Zarate, Waters
None
None
None
GEORGE H. WATERS
Mayor of the City of National City, California
City C rk of
the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and cor-
rect copy of RESOLUTION NO....4-.1..14 of the City of National City,
Calif., passed and adopted by the Council of said City on ..August.2,..1.994
(Seal)
City Clerk of the City of National City, California
By:
Deputy
AMENDMENT TO AGREEMENT
FOR TOWING SERVICES
This Amendment to Agreement is made and entered into this 2nd day of
August , 1994, by and between the City of National City, hereinafter referred
to as "CITY," and Moynahan's Towing, hereinafter referred to as "CONTRACTOR."
RECITALS
A. CITY and CONTRACTOR entered into an agreement on April 17,
1989 entitled "Agreement for Towing Services," wherein CONTRACTOR agreed to
provide non-exclusive towing services for CITY.
B. CITY and CONTRACTOR now desire to amend various provisions
of said agreement.
NOW, THEREFORE, in consideration of the mutual benefit to be derived
therefrom, CITY and CONTRACTOR hereby agree to amend various sections of the
Agreement for Towing Services, dated April 17, 1989, as follows:
1. Section 1 of the Recitals is amended to read as follows:
1. The Police Department of the City of National City
finds it necessary from time to time to remove vehicles from various
locations in the city because they are illegally parked, apparently aban-
doned, involved in accidents, or obstructing traffic because of mechanical
failure and from various locations outside the City in the course of evidence
retrieval, by utilizing the services of private towing contractors.
2. Section 4 of the Recitals is amended to read as follows:
4. CITY desires to have CONTRACTOR perform non-
exclusive towing services and CONTRACTOR agrees to perform said
services, in accordance with all terms and conditions set forth herein.
3. Section I.G. is amended to read as follows:
I.G. Additional Equipment: Tow cars must be equipped
with red flares, lanterns or reflectors, hand tools, crowbar, rope, broom,
shovel, dustpan, fire extinguisher (dry chemical type), a sufficient amount
of a recognized industrial absorbent material specifically made for use with
fuel and oil spills of less than twenty gallons per vehicle or 100 square feet
of area when towing vehicles have been involved in a collision, a bucket of
sand, portable redtail light and stop light for towed vehicles, equipment for
opening locked vehicles and safety snubber chain. CONTRACTOR shall
have at least one set of dollies readily available at all times.
4. Section V.A.1. is amended to read as follows:
V.A.1. Tow car operators are responsible for cleaning up and
carrying away any debris left by towed vehicle, i.e., broken glass, vehicle
parts, spilled fuels and oils, etc.
5. Section VI is amended to read as follows:
VI. CHARGES: CONTRACTOR shall base its charge for
towing according to the rate schedule attached hereto as Exhibit "A."
CITY and CONTRACTOR may review and revise the fee schedule during
July and January of each year if requested by CONTRACTOR, otherwise
the fee schedule shall be reviewed and revised at least once every two (2)
years. The fee schedule shall be available to any interested citizen upon
request. CONTRACTOR shall receive no compensation or other form of
consideration from CITY for providing towing services under this
Agreement.
6. Section IX is amended to read as follows:
IX. TERM OF AGREEMENT. The term of this Agreement
shall begin on the date first above written, and shall end on April 16, 1996.
7. Except as otherwise provided herein, all of the provisions of the
Agreement for Towing Services between the City of National City and Moynahan's
Towing dated April 17, 1989 shall remain in full force and effect.
CITY OF NATIONAL CITY MOYNAHAN'S TOWING
By ` e..e i! t ��1 G n cLv
George H. Waters, Mayor
Approved as to Form:
George H. Eiser, III
City Attorney
2
AMENDMENT TO AGREEMENT
FOR TOWING SERVICES
This Amendment to Agreement is made and entered into this 2nd day of
August , 1994, by and between the City of National City, hereinafter referred
to as "CITY," and A to Z Enterprises, Inc., hereinafter referred to as "CONTRACTOR."
RECITALS
A. CITY and CONTRACTOR entered into an agreement on April 17,
1989 entitled "Agreement for Towing Services," wherein CONTRACTOR agreed to
provide non-exclusive towing services for CITY.
B. CITY and CONTRACTOR now desire to amend various provisions
of said agreement.
NOW, THEREFORE, in consideration of the mutual benefit to be derived
therefrom, CITY and CONTRACTOR hereby agree to amend various sections of the
Agreement for Towing Services, dated April 17, 1989, as follows:
1. Section 1 of the Recitals is amended to read as follows:
1. The Police Department of the City of National City
finds it necessary from time to time to remove vehicles from various
locations in the city because they are illegally parked, apparently aban-
doned, involved in accidents, or obstructing traffic because of mechanical
failure and from various locations outside the City in the course of evidence
retrieval, by utilizing the services of private towing contractors.
2. Section 4 of the Recitals is amended to read as follows:
4. CITY desires to have CONTRACTOR perform non-
exclusive towing services and CONTRACTOR agrees to perform said
services, in accordance with all terms and conditions set forth herein.
3. Section I.G. is amended to read as follows:
I.G. Additional Equipment: Tow cars must be equipped
with red flares, lanterns or reflectors, hand tools, crowbar, rope, broom,
shovel, dustpan, fire extinguisher (dry chemical type), a sufficient amount
of a recognized industrial absorbent material specifically made for use with
fuel and oil spills of less than twenty gallons per vehicle or 100 square feet
of area when towing vehicles have been involved in a collision, a bucket of
sand, portable red tail light and stop light for towed vehicles, equipment for
opening locked vehicles and safety snubber chain. CONTRACTOR shall
have at least one set of dollies readily available at all times.
4. Section V.A.1. is amended to read as follows:
V.A.1. Tow car operators are responsible for cleaning up and
carrying away any debris left by towed vehicle, i.e., broken glass, vehicle
parts, spilled fuels and oils, etc.
5. Section VI is amended to read as follows:
VI. CHARGES: CONTRACTOR shall base its charge for
towing according to the rate schedule attached hereto as Exhibit "A."
CITY and CONTRACTOR may review and revise the fee schedule during
July and January of each year if requested by CONTRACTOR, otherwise
the fee schedule shall be reviewed and revised at least once every two (2)
years. The fee schedule shall be available to any interested citizen upon
request. CONTRACTOR shall receive no compensation or other form of
consideration from CITY for providing towing services under this
Agreement.
6. Section IX is amended to read as follows:
IX. TERM OF AGREEMENT. The term of this Agreement
shall begin on the date first above written, and shall end on April 16, 1996.
7. Except as otherwise provided herein, all of the provisions of the
Agreement for Towing Services between the City of National City and A to Z
Enterprises, Inc. dated April 17, 1989 shall remain in full force and effect.
CITY OF NATIONAL CITY
By
George H. W ers, Mayor
Approved as to Form:
George H. Eiser, III
City Attorney
A TO Z ENTERPRISES, INC.
13fr- 'D Rftmsry
2
"'City of National City, California'
COUNCIL AGENDA STATEMENT
MEETING DATE April 7, 1992
AGENDA ITEM NO. 3 a & b
JTEM TITLE
RENEWAL OF TOW t; CONTRACT
PREPARED BL. KNEE, CHIEF OF'ARTMENT POLICE
EXPLANATION.
The existing Agreement for Towing Services dated April 17, 1989, expires
on April 17, 1992. Pursuant to that Agreement, the Chief of Police requests that
that Agreement (with amendments) be extended for two (2) years.
The Chief of Police, after meetings with the two Contractors, recommends
that the new fee schedule (Attachment A to the Amendment to Agreement) be
approved. These proposed rates are consistent and competitive with the contract
rates in effect in other local municipalities.
Environmental Review X N/A
Financial Statement
No cost to City.
Account No.
STAFF RECOMMENDATION
Approve Contract Extension with Amendments
BOARD/COMMISSION RECOMMENDATION
ATTACHMENTS (Listed Below)
1. Resolution
2. Amendments to Agreements
Resolution No. 92-47 & 92-48
A-200 (Rev. 9080)
RESOLUTION NO. 9 2 — 4 7
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDMENT TO AGREEMENT WITH
MOYNAHAN'S TOWING FOR TOWING SERVICES
BE IT RESOLVED by the City Council of the City of National
City that the Mayor is hereby authorized to execute an Amendment to Agreement
with Moynahan's Towing for non-exclusive towing services within the City of
National City. Said Amendment to Agreement is on file in the Office of the City
Clerk.
PASSED and ADOPTED this 7th day of April, 1992.
George H. Waters, Mayor
ATTEST:
Lori Anne Peoples
City Clerk
APPROVED AS TO FORM:
GeA, gc4`
orge H. Eiser, III
City Attorney
AMENDMENT TO AGREEMENT
This Amendment to Agreement is made and entered into in the City of
National City, this day of , 1992, by and between the City of
National City, hereinafter referred to as "CITY," and Moynahan's Towing, hereinafter
referred to as "CONTRACTOR."
recitals:
This Amendment to Agreement is made with reference to the following
A. On or about April 17, 1989, CITY and CONTRACTOR entered into
an Agreement for Towing Services.
B. Pursuant to said Agreement for Towing Services, CONTRACTOR
performs non-exclusive towing services within the City of National City.
C. Both parties to said Agreement desire to amend certain provisions of
said Agreement.
NOW, THEREFORE, in consideration of the mutual benefit to be derived
therefrom, the parties agree as follows:
as follows:
1. Section 1X of the Agreement for Towing Services is amended to read
1X. TERM OF AGREEMENT: This Agreement shall be
for a period of two (2) years, subject to the termination
provisions of Section X.
2. The Rate Schedule attached hereto as Exhibit "A" shall be the Rate
Schedule for the Agreement for Towing Services.
3. Except as provided hereinabove, all other provisions of the
Agreement for Towing Services entered into on or about April 17, 1989 shall remain in
full force and effect.
CITY OF NATIONAL CITY CONTRACTOR
By
George H. Waters, Mayor
ByCke,„.0.-3
By
RATES
Vehicles under 9500 gross vehicle weight (unloaded) $ 75.00
Unlocked or drop linkage No Charge
Dollies
No Charge
Labor at the scene
No Charge
Standby time at the scene
No Charge
Dry run
25.00
Police Department Equipment Tow
No Charge
Mileage after five miles - per mile
2.50
Vehicles up to 22,000 gross vehicle weight unloaded 100.00
1 1/2 rate - per hour
Vehicles over 22,000 gross vehicle weight, per hour 125.00
After hours release
28.00
Storage per hour
2.00
Maximum storage per day
12.00
Maximum initial notification of lien sale
under $1,000 lien process 30.00
Maximum completed lien documents of
under $1,000 lien process 50.00
Maximum over $1,000 lien process
Fee charged to City for towing or storage of vehicles
seized for evidentiary purposes (Fee is per each incident)
EXHIBIT "A"
60.00
50.00
RESOLUTION NO. 9 2 - 4 7
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDMENT TO AGREEMENT WITH
MOYNAHAN'S TOWING FOR TOWING SERVICES
BE IT RESOLVED by the City Council of the City of National
City that the Mayor is hereby authorized to execute an Amendment to Agreement
with Moynahan's Towing for non-exclusive towing services within the City of
National City. Said Amendment to Agreement is on file in the Office of the City
Clerk.
PASSED and ADOPTED this 7th day of April, 1992.
George H. aters, Mayor
ATTEST:
Lori' Anne Peoples
City Clerk
APPROVED AS TO FORM:
Ge/14/ ga.s
orge H. Eiser, III
City Attorney
AMENDMENT TO AGREEMENT
This Amendment to Agreement is made and entered into in the City of
National City, this 7 t h day of APR I L , 1992, by and between the City of
National City, hereinafter referred to as "CITY," and Moynahan's Towing, hereinafter
referred to as "CONTRACTOR."
recitals:
This Amendment to Agreement is made with reference to the following
A. On or about April 17, 1989, CITY and CONTRACTOR entered into
an Agreement for Towing Services.
B. Pursuant to said Agreement for Towing Services, CONTRACTOR
performs non-exclusive towing services within the City of National City.
C. Both parties to said Agreement desire to amend certain provisions of
said Agreement.
NOW, THEREFORE, in consideration of the mutual benefit to be derived
therefrom, the parties agree as follows:
as follows:
1. Section 1X of the Agreement for Towing Services is amended to read
1X. TERM OF AGREEMENT: This Agreement shall be
for a period of two (2) years, subject to the termination
provisions of Section X.
2. The Rate Schedule attached hereto as Exhibit "A" shall be the Rate
Schedule for the Agreement for Towing Services.
3. Except as provided hereinabove, all other provisions of the
Agreement for Towing Services entered into on or about April 17, 1989 shall remain in
full force and effect.
CITY OF NATIONAL CITY
By �y� i L L�
George H. Waters, Mayor
CONTRACTOR
By
RATES
Vehicles under 9500 gross vehicle weight (unloaded) $ 75.00
Unlocked or drop linkage No Charge
Dollies No Charge
Labor at the scene No Charge
Standby time at the scene No Charge
Dry run 25.00
Police Department Equipment Tow No Charge
Mileage after five miles - per mile 2.50
Vehicles up to 22,000 gross vehicle weight unloaded 100.00
1 1/2 rate - per hour
Vehicles over 22,000 gross vehicle weight, per hour 125.00
After hours release 28.00
Storage per hour 2.00
Maximum storage per day 12.00
Maximum initial notification of lien sale 30.00
under $1,000 lien process
Maximum completed lien documents of 50.00
under $1,000 lien process
Maximum over $1,000 lien process 60.00
Fee charged to City for towing or storage of vehicles 50.00
seized for evidentiary purposes (Fee is per each incident)
EXHIBIT "A"
RESOLUTION NO. 9 2 - 4 7
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDMENT TO AGREEMENT WITH-
MOYNAHAN'S TOWING FOR TOWING SERVICES
BE IT RESOLVED by the City Council of the City of National
City that the Mayor is hereby authorized to execute an Amendment to Agreement
with Moynahan's Towing for non-exclusive towing services within the City of
National City. Said Amendment to Agreement is on file in the Office of the City
Clerk.
ATTEST:
JR
PASSED and ADOPTED this 7th day of April, 1992.
George H. aters, Mayor
U...\k
Lori Anne Peoples
City Clerk
APPROVED AS TO FORM:
tio ° ge•
George H. Eiser, III
City Attorney
Ze
Passed and adopted by the Council of the City of National City, California,
on April 7, 1992 by the following vote, to -wit:
Ayes: Councilmen Da11a, Inzunza, Van Deventer, Zarate, Waters
Nays: Councilmen None
Absent: Councilmen None
Abstain: Councilmen None
AUTHENTICATED BY:
GEORGE H. WATERS
By:
Mayor of the City of National City, California
City Clerk of the City of National ty, California
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and cor-
rect copy of RESOLUTION NO. 9.2-.4.7... of the City of National City,
Calif., passed and adopted by the Council of said City on
(Seal)
City Clerk of the City of National City, California
By:
Deputy
City of National City, California,,
C`JNCIL AGENDA STATEMENT
MEETING DATE April 7, 1992
AGENDA ITEM NO. 3 a & b
ITEM TITLE
RENEWAL OF
PREPARED B
EXPLANATION
CONTRACT
L. KNEE, CHIEF OF POL'ARTMENT POLICE
The existing Agreement for Towing Services dated April 17, 1989, expires
on April 17, 1992. Pursuant to that Agreement, the Chief of Police requests that
that Agreement (with amendments) be extended for two (2) years.
The Chief of Police, after meetings with the two Contractors, recommends
that the new fee schedule (Attachment A to the Amendment to Agreement) be
approved. These piuposed rates are consistent and competitive with the contract
rates in effect in other local municipalities.
Environmental Review X N/A
Financial Statement
No cost to City.
Account No.
STAFF RECOMMENDATION
Approve Contract Extension with Amendments
BOARD/COMMISSION RECOMMENDATION
ATTACHMENTS (Listed Below/
1. Resolution
2. Amendments to Agreements
Resolution No. 92-47 & 92-48
A•200 (Rev. 9/80)
RESOLUTION NO. 92-48
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDMENT TO AGREEMENT WITH
A TO Z ENTERPRISES, INC. FOR TOWING SERVICES
BE IT RESOLVED by the City Council of the City of National
City that the Mayor is hereby authorized to execute an Amendment to Agreement
with A to Z Enterprises, Inc. for non-exclusive towing services within the City
of National City. Said Amendment to Agreement is on file in the Office of the
City Clerk.
PASSED and ADOPTED this 7th day of April, 1992.
George H. Waters, Mayor
ATTEST:
Lori Anne Peoples
City Clerk
APPROVED AS TO FORM:
C°04:
George H. Eiser, III
City Attorney
AMENDMENT TO AGREEMENT
This Amendment to Agreement is made and entered into in the City of
National City, this day of , 1992, by and between the City of
National City, hereinafter referred to as "CITY," and A to Z Enterprises, Inc.,
hereinafter referred to as "CONTRACTOR."
recitals:
This Amendment to Agreement is made with reference to the following
A. On or about April 17, 1989, CITY and CONTRACTOR entered into
an Agreement for Towing Services.
B. Pursuant to said Agreement for Towing Services, CONTRACTOR
performs non-exclusive towing services within the City of National City.
C. Both parties to said Agreement desire to amend certain provisions of
said Agreement.
NOW, THEREFORE, in consideration of the mutual benefit to be derived
therefrom, the parties agree as follows:
as follows:
1. Section 1X of the Agreement for Towing Services is amended to read
1X. TERM OF AGREEMENT: This Agreement shall be
for a period of two (2) years, subject to the termination
provisions of Section X.
2. The Rate Schedule attached hereto as Exhibit "A" shall be the Rate
Schedule for the Agreement for Towing Services.
3. Except as provided hereinabove, all other provisions of the
Agreement for Towing Services entered into on or about April 17, 1989 shall remain in
full force and effect.
CITY OF NATIONAL CITY
By
George H. Waters, Mayor
CONTRACTOR
By/
By
a
Maximum initial notification of lien sale
under $1,000 lien process
Maximum completed lien documents of
under $1,000 lien process
Maximum over $1,000 lien process
Fee charged to City for towing or storage of vehicles
seized for evidentiary purposes (Fee is per each incident)
EXHIBIT "A"
RATES
Vehicles under 9500 gross vehicle weight (unloaded) $ 75.00
Unlocked or drop linkage No Charge
Dollies
No Charge
Labor at the scene No Charge
Standby time at the scene No Charge
Dry run 25.00
Police Department Equipment Tow No Charge
Mileage after five miles - per mile 2.50
Vehicles up to 22,000 gross vehicle weight unloaded 100.00
1 1/2 rate - per hour
Vehicles over 22,000 gross vehicle weight, per hour 125.00
After hours release 28.00
Storage per hour 2.00
Maximum storage per day 12.00
30.00
50.00
60.00
50.00
RESOLUTION NO. 9 2 - 4 8
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDMENT TO AGREEMENT WITH
A TO Z ENTERPRISES, INC. FOR TOWING SERVICES
BE IT RESOLVED by the City Council of the City of National
City that the Mayor is hereby authorized to execute an Amendment to Agreement
with A to Z Enterprises, Inc. for non-exclusive towing services within the City
of National City. Said Amendment to Agreement is on file in the Office of the
City Clerk.
PASSED and ADOPTED this 7th day of April, 1992.
A HEST:
Lori Anne Peoples
City Clerk
APPROVED AS TO FORM:
°f° gms*:
George H. Eiser, III
City Attorney
2
George H. aters, Mayor
AMENDMENT TO AGREEMENT
This Amendment to Agreement is made and entered into in the City of
National City, this 7 t h day of APR I L , 1992, by and between the City of
National City, hereinafter referred to as "CITY," and A to Z Enterprises, Inc.,
hereinafter referred to as "CONTRACTOR."
recitals:
This Amendment to Agreement is made with reference to the following
A. On or about April 17, 1989, CITY and CONTRACTOR entered into
an Agreement for Towing Services.
B. Pursuant to said Agreement for Towing Services, CONTRACTOR
performs non-exclusive towing services within the City of National City.
C. Both parties to said Agreement desire to amend certain provisions of
said Agreement.
NOW, THEREFORE, in consideration of the mutual benefit to be derived
therefrom, the parties agree as follows:
as follows:
1. Section 1X of the Agreement for Towing Services is amended to read
1X. TERM OF AGREEMENT: This Agreement shall be
for a period of two (2) years, subject to the termination
provisions of Section X.
2. The Rate Schedule attached hereto as Exhibit "A" shall be the Rate
Schedule for the Agreement for Towing Services.
3. Except as provided hereinabove, all other provisions of the
Agreement for Towing Services entered into on or about April 17, 1989 shall remain in
full force and effect.
CITY OF NATIONAL CITY
BY�r .[:.
G
H. eAree Waters, Mayor eorge H. Mayor
CONTRACTOR
By
RATES
Vehicles under 9500 gross vehicle weight (unloaded) $ 75.00
Unlocked or drop linkage No Charge
Dollies No Charge
Labor at the scene No Charge
Standby time at the scene No Charge
Dry run
25.00
Police Department Equipment Tow No Charge
Mileage after five miles - per mile 2.50
Vehicles up to 22,000 gross vehicle weight unloaded 100.00
1 1/2 rate - per hour
Vehicles over 22,000 gross vehicle weight, per hour 125.00
After hours release 28.00
Storage per hour 2.00
Maximum storage per day 12.00
Maximum initial notification of lien sale 30.00
under $1,000 lien process
Maximum completed lien documents of 50.00
under $1,000 lien process
Maximum over $1,000 lien process 60.00
Fee charged to City for towing or storage of vehicles 50.00
seized for evidentiary purposes (Fee is per each incident)
EXHIBIT "A"
Passed and adopted by the Council of the City of National City, California,
on April 7. 1992 by the following vote, to -wit:
Ayes: Councilmen
Nays: Councilmen
Absent: Councilmen
Abstain: Councilmen
AUTHENTICATED BY:
Dalla, Inzunza, Van Deventer, Zarate, Waters
None
None
None
GEORGE H. WATERS
Mayor of the City of Nati 1 City, California
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and cor-
rect copy of RESOLUTION NO. 9.2.-.4.8.. of the City of National City,
Calif., passed and adopted by the Council of said City on ...AA.r..i.1....7.....19 9 2
(Seal)
City Clerk of the City of National City, California
By:
Deputy
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Lori Anne Peoples - City Clerk (619) 336-4226
April 23, 1992
Annette J. Evans
County Recorder
1600 Pacific Highway Rm. 260
San Diego, CA 92112-4147
Dear Ms. Evans:
Please find enclosed for recording, the following document in
duplicate:
NOTICE OF COMPLETION - 1990 PUMP STATION IMPROVEMENTS ENGINEERING
SPECIFICATION NO. 1045 CONTRACTOR - MIRAMONTES CONSTRUCTION CO.
Please note the recording information on the duplicate copy and
return it to the City Clerk using the enclosed self-addressed
stamped envelope.
Yours very truly,
•
Jeinis Strangman
Enclosure (2)
J: SAUCIER
ROBERT P. DRIVER CO., INC.
1620 5TH AVENUE
SAN DIEGO, CA. 92101
CODE
SUB -CODE
, ARNO
.. .. . ISSUE DATE (MM(DD/YY)
5/07/91
THIS CERTIFICATE IS ISSUED AS.. .,ATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A
INSURED
Moynahan's
Thomas Moynahan
3200 National City Blvd
National City CA 91950-7234
COMPANY LETTER B
GOLDEN EAGLE INSURANCE
COMPANY
LETTER
!AIDING AND SAFETY DEN.
RECEIVED
COMPANY
LETTER
Ay 1 0 1991
COMPANY
LETTER
................................................................................................................................................................................................................................................................................................................................................................................................
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TF
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DD/YY) DATE (MM/DD/YY)
ALL LIMITS IN THOUSANDS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR.
OWNER'S & CONTRACTOR'S PROT
g AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
X
EXCESS LIABILITY
OTHER THAN UMBR. FORM
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
CCP141403
4/16/91
4/16/92
GENERAL AGGREGATE
PRODUCTS -COMP/
_QPS A G E ATE
PE • SO A ADVERTISING
INJURY
EACH OCCURRENCE
FIRE DAMAGE
FIRE)
MEDICAL EXPENSE
(ANY ONE PERSON)
COMBINED
SINGLE
LIMIT
BODILY
INJURY
(PR. PER.)
BODILY
INJURY
(PR. ACC.)
PROPERTY
DAMAGE
1000
EACH
OCCURRENCE
STATUTORY
AGGREGATE
(EACH ACCIDENT)
(DISEASE•POL. LIM )
OTHER
(DISEASE -EA. EMPL.)
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD.
NATIONAL CITY, CA 91950
AU%
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZ EPRESE ATIVE
Y
POLICY NUMBER: CCP141403
, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
Endorsement effective
at 12:01 A.M. standard time
Named Insured
Countersigned byn
, ,-.242../...,/
0.4_...e_A—i
i
orized Representative)
It is agreed that such insurance as is provided by the policy for Auto Liability shall apply to:
TO COMPLY WITH CITY RESOLUTION #15890:
as an Additional Insured only and subject to the provisions of the "WHO IS AN INSURED" clause in Section
II of the policy.
CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD.
NATIONAL CITY, CA 92050
"30-DAYS NOTICE OF CANCELLATION APPLIES EXCEPT
FOR NON-PAYMENT OF PREMIUM"
Form 5919
CERTIFICATE OF INSURANCE
DATE: 03/28/91
PRODUCER
RUBIN INSURANCE AGENCY INC
6363 Greenwich, Suite 120
San Diego, CA 92122
(619) 457-5720
INSURED
A to Z Metro Towing
9190 Clairemont Mesa Blvd
San Diego, CA 92123
COVERAGES
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHT UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
COMPANY A GOLDEN EAGLE
LETTER
COMPANY B
LETTER
COMPANY C
LETTER
COMPANY D
LETTER
COMPANY E
LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY CLAIMS MADE
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY
EFFECTIVE
DATE
POLICY
EXPIRATION
DATE
ALL LIMITS IN THOUSANDS
GENERAL LIABILITY
[ ] COMMERCIAL GENERAL LIABILITY
C ] [ ] CLAIMS MADE C 1 OCCURRENCE
[ ] OWNER'S & CONTRACTORS PROTECTIVE
CI
[]
GENERAL AGGREGATE $
PRODUCTS-COMP/OPS AGGREGATE $
PERSONAL & ADVERTISING INJURY $
EACH OCCURRENCE $
FIRE DAMAGE (ANY ONE FIRE) $
MEDICAL EXPENSE(ANY ONE PERSON)$
A
A
AUTOMOBILE LIABILITY
[ I ANY AUTO
[ ] ALL OWNED AUTOS
[X] SCHEDULED AUTOS
IX] HIRED AUTOS
CX] NON -OWNED AUTOS
[X] GARAGE LIABILITY
[]
CCP099522
TCR099851
03/20/91
03/20/91
03/20/92
03/20/92
CSL
$ 1000
BODILY INJURY
(PER PERSON)
BODILY INJURY
(PER ACCIDENT)
PROPERTY
DAMAGE
EXCESS LIABILITY
C J UMBRELLA FORM
C J OTHER THAN UMBRELLA
EACH OCCURRENCE
AGGREGATE
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY
$
$
(EACH ACCIDENT)
(DISEASE -POLICY LIMIT)
(DISEASE -EACH EMPLOYEE)
A
OTHER
AUTO PHYSICAL DAMAGE
TCR099851
03/20/91
03/20/92
$1000 COMP DED
$2500 COLL DED
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
CERTIFICATE HOLDER IS NAMED AS ADDITONAL INSURED AS RESPECTS ALL
OPERATIONS PERFORMED' FOR CERTIFICATE HOLDER -TOWING & RECOVERY
*10 DAYS NOTICE OF CANELLATION FOR NON PAYMENT OF PREMIUM*
CERTIFICATE HOLDER
CITY OF NATIONAL CITY
2100 HOOVER AVENUE
NATIONAL CITY, CA. 92050
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL xxxxxxxxxxx MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT._ xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxXXXXX) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
AUTHORIZED REPRESENTATIVE
LORI A. PEOPLES
CITY CLERK
CITY OF' RATIONAL CITY, CAU ?ORNIA
1243 NATIONAL CITY BOULEVARD • NATIONAL CITY, CALIFORNIA 92050 • (619) 336-4226
April 20, 1989
Moynahan Towing
3200 National Avenue
National City, CA 92050
Gentlemen:
Enclosed is a copy of Resolution No. 15,938 which was
adopted by the City Council on April 11, 1989 and a
copy of the contract.
Sincerely,
7)
Janis Strangman
Clerk
/js
Enclosures (2)
CITY OF NATIONAL CITY, CALIFORNIA
1243 NATIONAL CITY BOULEVARD • NATIONAL CITY, CALIFORNIA 92050 • (619) 336-4226
LORI A. PEOPLES
CITY CLERK
April 20, 1989
A to Z Towing
123 35th Street
San Diego, Ca 92102
Gentlemen:
Enclosed is a copy of Resolution No. 15,938 which was
adopted by the City Council on April 11, 1989 and a
copy of the contract.
Sincerely,
Janis Strangman
Clerk
/.is
Enclosures (2)
RESOLUTION NO. 15,938
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AWARDING TOWING SERVICES CONTRACTS TO
A TO Z TOWING SERVICE AND TO TOM MOYNAHAN TOWING, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACTS
WHEREAS, the Purchasing Agent of the City of National
City did in open session on April 4, 1989, publicly open,
examine, and declare all sealed proposals or bids to provide
towing services to the Police Department of the City of National
City; and
WHEREAS, the Chief of Police has analyzed the bid
materials submitted, and considered the financial condition,
experience, stability, personnel, equipment, communications
capabilities, and facilities of the bidders, and has made a
determination as to the two bidders capable of providing the best
towing service to the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of National City that the City hereby awards contracts
to provide towing services to the National City Police Department
to the following contractors:
A TO Z TOWING SERVICE
TOM MOYNAHAN TOWING
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized to execute on behalf of the City a towing services
contract with A to Z Towing Services, and a towing services
contract with Tom Moynahan Towing.
PASSED and ADOPTED this 11th day of April, 1989.
GEORGE H. WATERS MAYOR
ATTpST:
L RI ANNE PEOPLES,! CITY CLERK
APPROV D AS TO FORM:
GEORGE H. EISER, III -CITY ATTORNEY
DATE (MMIDD/YY)
06/20/97
ACORD�
PRODUCER ::::...................
ROBERT F. DRIVER CO., INC.
1620 5TH AVENUE
SAN DIEGO, CA 92101-2703
619-238-1828
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A CHUBB GROUP OF INS. COMPANIES
INSURED
Tom Moynahan's
3200 National City Blvd
National City CA 91950-7234
COMPANY
B
GOLDEN EAGLE INSURANCE COMPANY
COMPANY
c
COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONLTR DATE IMM/DD/YY) DATE (MMIDD/YY)
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
OWNER'S & CONTRACTOR'S PROT
GENERAL AGGREGATE
S
PRODUCTS - COMP/OP AGG
PERSONAL & ADV INJURY
EACH OCCURRENCE
S
FIRE DAMAGE (Any one fire)
S
A
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
X
X
X
73234804
6/11/97
6/11/98
MED EXP (Any one person)
COMBINED SINGLE LIMIT
S
S
1000000
BODILY INJURY
(Per person)
S
BODILY INJURY
(Per accident)
S
PROPERTY DAMAGE
A
GARAGE LIABILITY
ANY AUTO
X
73234804
6/11/97
6/11/98
AUTO ONLY - EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT
S
1000000
AGGREGATE
$ 3000000
EXCESS UABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE
AGGREGATE
S
$
B
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR/
PARTNERS/EXECUTIVE
OFFICERS ARE:
OTHER
GARAGEKEEPERS
LEGAL LIABILITY
INCLUDES ON HOOK
INCL
EXCL
NWC299900-06
73234804
2/13/97
6/11/9
2/13/98
6/11/98
WC STATU-
TORY LIMITS
EL EACH ACCIDENT
OTH-
ER
1000000
EL DISEASE - POLICY LIMIT
$ 1000000
EL DISEASE - EA EMPLOYEE
$ 1000000
$50,000. WITH $500. DED.
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
CEO' fi€cAT
CITY OF NATIONAL CITY
BUSINESS LICENSE DIVISION
1243 NATIONAL CITY BLVD.
NATIONAL CITY, CA 91950-4397
CAN ELLATIO ji :;1 t1
et' A7#3i -AMEN'
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL. ENDEAVOR TO MAIL
30 %AYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY UPON THE COMPANYI ITS AGENTS OR REPRESENTATIVES.
AUTHOR! ' .JI$;I. ENTATIVE
a1C111t111 CERTI
PRODUCER
Carmen Scoppettuolo
Robert F. Driver
1620 Fifth Ave.
San Diego
Co., Inc.
'RC 'E OF
INSURANCE
Q.
%
q - ' ISSUE 5 A16/97 , D,Y >
CA 92101
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER_ THIS CER
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY A CIGNA
LETTER
COMPANY B GOLDEN EAGLE INS CO
LETTER
INSURED
TOM MOYNAHAN
3200 NATIONAL CITY BLVD.
NATIONAL CITY CA 91950
COMPANY
C
LETTER
COMPANY D
LETTER
COMPANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH HIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/vv)
LIMITS
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
GENERAL AGGREGATE
$
PRODUCTS -COW) OP AGG.
$
CLAIMS MADE
OCCUR.
PERSONAL & HI INJURY
$
OWNER'S & CONTRACTER'S PROT.
EACH OCCURRENCE
$
FIRE DAMAGE (Any one fire)
$
MED. EXPENSE Any one person)
$
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
H0669908A
04/16/97
06/11/97
COMBINED SINGLE
LIMIT
$ 1,000,000
BODILY INJURY
(Per person)
$
X
X
BODILY INJURY
(Per accident
X
X
PROPERTY DAMAGE
EXCESS
LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE
$
AGGREGATE
$
B
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
NWC299900-06
02/13/97
02/13/98
(STATUTORY LIMITS
EACH ACCIDENT
DISEASE -POLICY LIMIT
$ 1,000,000
$ 1,000,000
DISEASE -EACH PMPLOYEE
$ 1,000,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL
*10 DAY NOTICE ON NONPAYMENT
ITEMS
CANCELLATION.
CERTIFICATE f(QI DER
CITY OF NATIONAL CITY
BUSINESS LICENSE DIVISION
1243 NATIONAL CITY BLVD.
NATIONAL CITY CA 91950-4397
ACORD 20-S (7i9O)
CRNCELL
SHOULD
EXPIRATION
MAIL
.>. LEFT,
LIABILITY
PTIGIN
ANY OF THE ABOVE
DATE THEREOF,
30 DAYS WRITTEN
DESCRIBED POLICIES
THE ISSUING COMPANY
NOTICE TO THE CERTIFICATE
MAIL SUCH NOTICE SHALL
UPON THE COMPANY,
BE CANCELLED BEFORE THE
WILL ENDEAVOR TO
HOLDER NAMED TO THE
IMPOSE ND OBLIGATION OR
AGENTS CIR REPRESENTATIVES.
BUT FAILURE TO
OF ANY KIND
AUTHORIZED REPRESENTATIVE
(.1
..
15 ACORD CORPORATION. 1
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( /DD/YY)
v
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ai•:>::... 03 13 97
PRODUCER
Centerpointe Insurance Services, Ltd.
28720 Roadside Drive, Suite 299
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
Agoura Hills, CA 91301
CA LICENSE #0735759
COMPANIES AFFORDING COVERAGE
COMPANY A GRANITE STATE INS CO
LETTER
COMPANY
INSURED
B GRANITE STATE INS CO
LETTER
A - Z ENTERPRISES, INC.
9190 CLAIREMONT MESA BLVD,
COMPANY C
LETTER
SAN DIEGO, CA 92123
COMPANY D
LETTER
COMPANY E
LETTER
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,....> ..,,,,.. ..,..:...a. .:.:.: ..::.... {;<4v...u..uvn+'t.n\.v
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN
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HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DDNY)
LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE
$
COMMERCIAL GENERAL UABILITY
PRODUCTS-COMP/OP AGG.
$
CLAIMS MADE
OCCUR.
PERSONAL &ADV. INJURY
$
OWNER'S & CONTRACTOR'S PROT.
EACH OCCURRENCE
$
FIRE DAMAGE (Any one fire)
$
MED. EXPENSE (Anyone person)
$
A
AUTOMOBILE
LIABILITY
TIP 229-46-97
03/20/97
03/20/98
COMBINED SINGLE
LIMIT
$ 1,000,000
ANY AUTO
ALL OWNED AUTOS
BODILY INJURY
(Per person)
$
X
SCHEDULED AUTOS
X
HIRED AUTOS
BODILY INJURY
(Per accident)
$
X
NON -OWNED AUTOS
X
GARAGE LIABILITY
PROPERTY DAMAGE
$
X
INCL PREM PROD & COMP OP3
EXCESS UABILITY
EACH OCCURRENCE
$
UMBRELLA FORM
AGGREGATE
$
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT
$
DISEASE-POUCY UMIT
$
DISEASE --EACH EMPLOYEE
$
B
OTHER
[X] ON HOOK/CARGO
TIP 229-46-97
03/20/97
03/20/98
PER VEHICLE 50,000
SCHEDULE 100,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
GARAGEKEEPERS LEGAL LIAB. #TIP 229-46-97 03/20/97-98 SEE ATTACHED SCHEDULE
FOR LOCATIONS/LIMITS. CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ONLY WITH
RESPECT TO LIABILITY ARISING FROM THE OPERATIONS OF THE NAMED INSURED.
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
CITY OF NATIONAL CITY MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
2100 HOOVER AVE. i LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
NATIONAL CITY, CA 92050 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
y AUTHORIZED PRESENTATIVE
un
�n✓Vv4i � 1:...
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SCHEDULE OF LOCATIONS FOR
A-Z ENTERPRISES, INC.
LOCATION
1) 9190 CLAIREMONT MESA BLVD.
SAN DIEGO, CA 92123
2) 123 35TH STREET
SAN DIEGO, CA 92102
3) 2130 HANCOCK
SAN DIEGO, CA 92103
4) 9135 OLIVE DRIVE
SPRING VALLEY, CA 92077
5) 850 D. ENERGY WAY
CHULA VISTA, CA 92011
6) 3333 NATIONAL AVENUE
SAN DIEGO, CA 92113
7) 1725 MISSION ROAD
ESCONDIDO, CA 92025
GARAGEKEEPERS LEGAL LIABILITY
$500,000 LIMIT
$500,000 LIMIT
$500,000 LIMIT
$500,000 LIMIT
$500,000 LIMIT
$500,000 LIMIT
$500,000 LIMIT
A CORD,
PRODUCER
c89-
ROBERT F. DRIVER CO., INC.
1620 5TH AVENUE
SAN DIEGO, CA 92101-2703
INSURED
619-238-1828
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A GOLDEN EAGLE INSURANCE
CO
LTR
A
AG
Tom Moynahan
3200 National City Blvd
National City CA 91950-7234
COMPANY
B
COMPANY
C
COMPANY
D
•
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE I i OCCUR
OWNER'S & CONTRACTOR'S PROT
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
ANY AUTO
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR/
PARTNERS/EXECUTIVE
OFFICERS ARE,
OTHER
INCL
EXCL
POLICY NUMBER
NWC299900-06
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
POLICY EFFECTIVE
DATE (MM/DD/YY)
2/13/97
"EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUM
CE1�T�i+►cATE:HtEt>•Et� :.
CITY OF NATIONAL CITY
BUSINESS LICENSE DIVISION
1243 NATIONAL CITY BLVD.
NATIONAL CITY, CA 91950-4397
POLICY EXPIRATION
DATE IMM/DD/YY)
2/13/98
LIMITS
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG g
PERSONAL & ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one fire) $
MED EXP (Any one person) $
COMBINED SINGLE LIMIT
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident/
PROPERTY DAMAGE
AUTO ONLY - EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT
WC STATU- OTH-
TORY LIMITS ER
EL EACH ACCIDENT
EL DISEASE - POLICY LIMIT
1000000
1000000
$ 1000000
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE .„ ITS A ENTS OR REPRESENTATIVES.
PA
AUTHORIZED REPRESENTA
PRODUCER
INSURED
ROBERT F. DRIVER CO., INC.
1620 5TH AVENUE
SAN DIEGO, CA 92101-2703
Moynahan's
Thomas Moynahan
3200 National City Blvd
National City CA 91950-7234
ISSUE DATE (MM/DDNY)
n 4/26/96
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BV THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A
COMPANY
LETTER B CIGNA
COMPANY
LETTER
COMPANY
LETTER
COMPA
LETTER E
GOLDEN EAGLE INSURANCE COMPANY
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
TYPE OF INSURANCE
GENERAL LIABILITY
COMM. GENERAL LIABILITY
ICLAIMS MADE 1-10CC.
OWNER'S & CONTRACT'S PROT
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
AND
EMPLOYER'S LIABILITY
POLICY NUMBER
H0669908A
NWC29990005
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
*EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUM
CITY OF NATIONAL CITY
BUSINESS LICENSE DIVISION
1243 NATIONAL CITY BLVD.
NATIONAL CITY, CA 91950-4397
POLICY EFF.
DATE (MM/DD/YY)
4/16/96
2/13/96
POLICY EXP.
DATE (MM/DD/YY)
4/16/97
2/13/97
GENERAL AGGREGATE
PROD-COMP/OP AGG.
PERS. & ADV. INJURY
EACH OCCURRENCE
FIRE DAMAGE(One Fire)
COMBINED SINGLE
LIMIT
BODILY INJURY
(Per poison)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
EACH OCCURRENCE
AGGREGATE
STATUTORY LIMITS
EACH ACCIDENT
- DISEASE -POLICY LIMIT
DISEASE -EACH EMP.
LIMITS
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 3Q DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, RIJT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
3.4S-C".
1 Kam;
•
City oiNational City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Lori Anne Peoples, CMC - City Clerk (619) 336- 4226
February 15, 1996
Tom Moynahan
Moynahan's Towing
3200 National City Blvd.
National City, CA 91950
Dear Mr. Moynahan:
Enclosed is a certified copy of Resolution No. 96-17, which was passed and
adopted by the City Council of the City of National City on February 6,
1996. Said resolution authorized the Mayor to execute amendments to
agreements for towing services with Moynahan's Towing and A to Z
Enterprises, Inc. Attached to the resolution is an original, fully -executed
copy of the amendment.
Sincerely,
,ate
!Janie Daniels
Secretary to the City Clerk
Enclosure
® Recycled Paper
City orNational City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Lori Anne Peoples, CMC - City Clerk (619) 336- 4226
February 15, 1996
Brad Ramsey
A to Z Enterprises, Inc.
9190 Clairemont Mesa Boulevard
San Diego, CA 92123
Dear Mr. Ramsey:
Enclosed is a certified copy of Resolution No. 96-17, which was passed and
adopted by the City Council of the City of National City on February 6,
1996. Said resolution authorized the Mayor to execute amendments to
agreements for towing services with Moynahan's Towing and A to Z
Enterprises, Inc. Attached to the resolution is an original, fully -executed
copy of the amendment.
Sincerely,
*La- ')`
Janie Daniels
Secretary to the City Clerk
Enclosure
® Recycled Paper
ISSUE DATE (MM/DD/YY)
2/16/96
PRODUCER
ROBERT F. DRIVER CO., INC.
CARMEN SCOPPETTUOLO, AGENT
1620 5TH AVENUE
SAN DIEGO, CA 92101-2703
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW
COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A
INSURED
Moynahan's
Thomas Moynahan
320C National City Blvd
National City CA 91950-7234
COMPANY
LETTER B
COMPANY ry
LETTER 1.
COMPANY
LETTER D GOLDEN EAGLE INSURANCE COMPANY
COMPANY
LETTER E
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
.,TR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFF.
DATE (MM/DD/YY)
POLICY EXP.
DATE (MM/DD/YY)
LIMITS
GENERAL LIABILITY
COMM. GENERAL LIABILITY
CLAIMS MADE nOCC.
OWNER'S & CONTRACT'S PROT
GENERAL AGGREGATE
PROD-COMP/OP AGG.
PERS. & ADV. INJURY
EACH OCCURRENCE
FIRE DAMAGE(One Fire)
AUTOMOBILE LIABILITY
iANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
MED. EXP. (One Per)
COMBINED SINGLE
LIMIT
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE
AGGREGATE
D
WORKERS' COMPENSATION
AND
EMPLOYER'S LIABILITY
NWC299900005
2/13/96
2/13/97
X
STATUTORY LIMITS
EACH ACCIDENT
1000000
DISEASE -POLICY LIMIT
1000000
DISEASE -EACH EMP.
OTHER
1000000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
*EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUM
CAT
CITY OF NATIONAL CITY
BUSINESS LICENSE DIVISION
1243 NATIONAL CITY BLVD.
NATIONAL CITY, CA 91950-4397
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 10* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHO$YZED REPRESENTATIVE
ROBERT F. DRIVER CO., INC.
• COMPLETE INSURANCE/BOND SERVICE•
February 16, 1996
City of National City
Business License Division
1243 National City Blvd.
National City, CA 91950-4397
RE: Moynahan's
POLICY NO. NWC299900005
Enclosed is:
) The above captioned policy for your records as First Mortgagee,
Second Mortgagee, Third Mortgagee.
( ) Endorsement(s) for attachment to the above captioned policy.
( ) Signed authorization from the assured.
( ) Invoice for the premium for the above captioned policy to be
paid from assured's impounds.
(XX) Certificate of insurance. (The attached is for information
only and is not designed to revise the Insureds contract.)
Very truly yours,
ROBERT F. DRIVER CO., INC.
0.
Kathy Yen i , CISR
Administrate Assistant
to Carmen Scoppettuolo
kdy/enclosure
cc: Moynahan's
HOME OFFICE
1620 FIFTH AVENUE, SAN DIEGO, CALIFORNIA 92101-2797 • (619) 238-1828
RESOLUTION NO. 96-16
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING SECTION X OF RESOLUTION NO. 94-27
PERTAINING TO POLICIES FOR THE
SELECTION AND DESIGNATION OF TOW CAR SERVICES
AS REQUESTED BY THE POLICE DEPARTMENT
WHEREAS, on March 8, 1994, the City Council of the City of National
City adopted Resolution No. 94-27, establishing policies for the selection and designation
of tow car services as requested by the Police Department; and
WHEREAS, the City Council desires to amend Section X of Resolution No.
94-27, pertaining to the term of the agreements for towing services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of National City that Section X of Resolution No. 94-27 is hereby amended to read as
follows:
X. TERM OF AGREEMENTS: The agreements for
towing services shall begin on the starting dates of the Agreements and shall
end on April 16, 1999. The Chief of Police shall have the authority to
extend the term for up to two (2) years beyond the initial term. The Chief
of Police has the sole discretion to extend the Agreements taking into
consideration the overall performance of Contractor during the initial term.
PASSED and ADOPTED this 6th day of February, 1996.
George H. Waters, Mayor
ATTEST:
Lo Anne Peoples, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on February 6, 1996
by the following vote, to -wit:
Ayes: Council Members Beauchamp, Inzunza, Morrison, Zarate, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: GEORGE H. WATERS
Mayor of the City of National City, California
i Cledc of the City of
ity Clerk of of National ity, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 96-16 of the City of National City, California, passed and adopted by the
Council of said City on February 6, 1996.
City Clerk of the City of National City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE February 6, 1996
AGENDA ITEM NO, 1
r- ITEM TITLE RESOLUTION AMENDING SECTION X OF RESOLUTION NO. 94-27 PERTAINING TO POLICIES FOR THE SELECTION
AND DESIGNATION OF TOW CAR SERVICES AS REQUESTED BY THE POLICE DEPARTMENT
PREPARED BY
EXPLANATION.
George H. Eiser, III f
DEPARTMENT
City Attorney
At the January 23, 1996 City Council meeting, the Council approved an extension of the towing
services agreements with Moynahan's Towing and A to Z Enterprises, Inc. for a period of three
years, to April 16, 1999, with the Chief of Police having the option to further extend the
agreements for up to two years.
The proposed resolution would amend the term provisions of the existing resolution (94-27) adopted
in 1994 which established the City's policies for selection and designation of towing services.
Related resolutions on this agenda authorize amendments to the Agreements with Moynahan's
Towing and A to Z Enterprises, Inc. to extend their terms.
Environmental Review X N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Adopt Resolution
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below/
Proposed Resolution
Resolution No.
96-16
A-200 (Rev. 9/80)
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE February 6, 1996 AGENDA ITEM NO 2
ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AMENDMENTS TO AGREEMENTS FOR TOWING SERVICES
WITH MOYNAHAN'S TOWING AND A TO Z ENTERPRISES, INC.
PREPARED BY
EXPLANATION.
At the City Council meeting of January 23, 1996, the City Council approved extending the term
of the towing services agreement with Moynahan's Towing and A to Z Enterprises, Inc. to April
16, 1999, with the Chief of Police having the option to further extend the agreements for up to two
years.
The proposed resolution authorizes the Mayor to execute the amended agreements with the towing
companies.
George H. Eiser, III
DEPARTMENT
City Attorney
Environmental Review
Financial Statement
N/A
x N/A
Account No.
STAFF RECOMMENDATION
Adopt Resolution
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below)
Proposed Resolution
Amendments to Agreements
Resolution No. 96-17
A200 (Rev. 9/80)
RESOLUTION NO. 96-17
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
AMENDMENTS TO AGREEMENTS FOR TOWING SERVICES WITH
MOYNAHAN'S TOWING AND A TO Z ENTERPRISES, INC.
WHEREAS, the City of National City entered into separate agreements with
Moynahan's Towing and A to Z Enterprises, Inc. for towing services on April 17, 1989;
and
WHEREAS, on August 2, 1994 said agreements were amended to extend
their term to April 16, 1996; and
WHEREAS, the City, Moynahan's Towing, and A to Z Enterprises, Inc.
now desire to amend said agreements to extend their term to April 16, 1999, with the
Chief of Police having the option to further extend their term for an additional two years.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of National City that the Mayor is hereby authorized to execute amendments to
agreements with Moynahan's Towing and A to Z Enterprises, Inc. for towing services.
Said amendments are on file in the Office of the City Clerk.
PASSED and ADOPTED this 6th day of February, 1996.
ATTEST:
Anne Peoples, City lerk
APPROVED AS TO FORM:
'eg,g;%-
George H. Eiser, III
City Attorney
George H. Waters, Mayor
Passed and adopted by the Council of the City of National City, California, on February 6, 1996
by the following vote, to -wit:
Ayes: Council Members Beauchamp, Inzunza, Morrison, Zarate, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 96-17 of the City of National City, California, passed and adopted by the
Council of said City on February 6, 1996.
City Clerk of the City of National City, California
By:
Deputy
AMENDMENT TO AGREEMENT
FOR TOWING SERVICES
This Amendment to Agreement is made and entered into this 6th day of
February, 1996, by and between the City of National City, hereinafter referred to as
"CITY," and Moynahan's Towing, hereinafter referred to as "CONTRACTOR."
RECITALS
A. CITY and CONTRACTOR entered into an agreement on April 17,
1989 entitled "Agreement for Towing Services," wherein CONTRACTOR agreed to
provide non-exclusive towing services for CITY.
B. Said Agreement was subsequently amended on August 2, 1994.
C. CITY and CONTRACTOR now desire to amend the provisions of
said Agreement pertaining to its term.
NOW, THEREFORE, in consideration of the mutual benefit to be derived
therefrom, CITY and CONTRACTOR hereby agree to amend Section IX of the
Agreement for Towing Services, dated April 17, 1989, and amended on August 2, 1994,
as follows:
IX. TERM OF AGREEMENT. The term of this Agreement
shall begin on the date first above written and shall end on April 16, 1999.
The Chief of Police shall have the authority to extend the term for up to
two (2) years beyond the initial term. The Chief of Police has the sole
discretion to extend this Agreement taking into consideration the overall
performance of CONTRACTOR during the initial term.
Except as otherwise provided herein, all of the provisions of the Agreement
for Towing Services between the City of National City and Moynahan's Towing dated
April 17, 1989 and amended on August 2, 1994 shall remain in full force and effect.
CITY OF NATIONAL CITY
By �� 4
George H. aters, Mayor
Approved as to Form:
George H. Eiser, III
City Attorney
MOYNAHAN'S TOWING
By�Lm
AMENDMENT TO AGREEMENT
FOR TOWING SERVICES
This Amendment to Agreement is made and entered into this 6th day of
February, 1996, by and between the City of National City, hereinafter referred to as
"CITY," and A to Z Enterprises, Inc., hereinafter referred to as "CONTRACTOR."
RECITALS
A. CITY and CONTRACTOR entered into an agreement on April 17,
1989 entitled "Agreement for Towing Services," wherein CONTRACTOR agreed to
provide non-exclusive towing services for CITY.
B. Said Agreement was subsequently amended on August 2, 1994.
C. CITY and CONTRACTOR now desire to amend the provisions of
said Agreement pertaining to its term.
NOW, THEREFORE, in consideration of the mutual benefit to be derived
therefrom, CITY and CONTRACTOR hereby agree to amend Section IX of the
Agreement for Towing Services, dated April 17, 1989, and amended on August 2, 1994,
as follows:
IX. TERM OF AGREEMENT. The term of this Agreement
shall begin on the date first above written and shall end on April 16, 1999.
The Chief of Police shall have the authority to extend the term for up to
two (2) years beyond the initial term. The Chief of Police has the sole
discretion to extend this Agreement taking into consideration the overall
performance of CONTRACTOR during the initial term.
Except as otherwise provided herein, all of the provisions of the Agreement
for Towing Services between the City of National City and A to Z Enterprises, Inc. dated
April 17, 1989 and amended on August 2, 1994 shall remain in full force and effect.
CITY OF NATIONAL CITY
By
George H. 'Waters, Mayor
Approved as to Form:
lit
George H. Eiser, III
City Attorney
A TO Z ENTERPS INC.
By
�1/ �% C
3-Ketb-r,NtsiE'y ( �e / ftv-v � )
AGREEMENT FOR TONING SERVICES
This agreement is made and entered into in the City of
National City, State of California, this »tb day of April ,
1989, by and between the City of National City, hereafter referred
to as "CITY", and A{o FarERPR!SESi ZNG , hereafter
referred to as "CONTRACTOR".
RECITALS
1. The Police Department of the City of National City finds
it necessary from time to time to remove vehicles from various
locations in the City because they are illegally parked, apparently
abandoned, involved in accidents, or obstructing traffic because
of mechanical failure, by utilizing the services of private towing
contractors.
2. The City has adopted policies for the selection and
designation of two private towing contractors to provide said
services, which policies provide for prospective towing contractors
to participate in a competitive bidding process.
3. CONTRACTOR has participated in said bidding process, and
together with another towing contractor, has been found to have the
best qualifications and to be capable of providing the highest and
best towing service for the City.
4. CITY desires to have CONTRACTOR perform non-exclusive
towing services within the City, and CONTRACTOR agrees to perform
said services, in accordance with all terms and conditions set
forth herein.
Now, Therefore, the parties hereto agree as follows:
I.
MINIMUM EQUIPMENT STANDARDS. During the term of this
Agreement, CONTRACTOR shall meet the following minimum
equipment standards:
A. Tow Car: At least three rigs of one -ton capacity
with rear dual wheels. The Police Officer on the
scene shall determine if greater capacity is needed
and shall call upon any service capable of providing
that capacity regardless of whether or not said
company is under contract with CITY or whether it
is their period of time to receive police requests.
-1-
II.
B. Company Name: CONTRACTOR'S Company name, address,
and phone number shall be placed on both sides of
all tow cars.
C. Lights: Tow cars must, at all times, be equipped
with such headlights, tail lights, red reflectors,
stop lights, warning lights, etc. as required by
California law, plus one white utility light
(adjustable or portable); and may be equipped with
such other lights as CONTRACTOR may desire which
are not forbidden by law.
D. Winch: To be power -driven by power take -off from
transmission equipped with safety dogs or equivalent
braking devices.
E. Booms: Adjustable twin booms with at least 4-ton
capacity.
F. Cables: At least one tow car to be equipped with
300 feet of not less than 3/8 inch cable, free from
partial breaks or knots.
G. Additional Equipment: Tow cars must be equipped
with red flares, lanterns or reflectors, hand tools,
crowbar, rope, broom, shovel, dustpan, fire
extinguisher (dry chemical type), a sufficient
amount of a recognized industrial absorbent material
to be placed on fuel and oil spills of less than
twenty gallons per vehicle or 100 square feet of
area when towing vehicles have been involved in a
collision, a bucket of sand, portable red tail light
and stop light for towed vehicles, equipment for
opening locked vehicles and safety snubber chain.
CONTRACTOR shall have at least one set of dollies
readily available at all times.
H. Attendants: Attendants and operators must display
a reasonable knowledge of their work. In the event
a driver or the equipment is inadequate and
CONTRACTOR is unable to service the request, a
charge for service or labor will not be permitted.
MINIMUM BUSINESS AND STORAGE LOT REQUIREMENTS. During
the term of this Agreement, CONTRACTOR shall meet the
following business and storage lot requirements:
-2-
A. Business and Storage: The business and storage lot
must be a reasonable distance from public
transportation, and must have adequate storage space
(at least 50' x 100' or equivalent area) to
accommodate thirty cars, either under cover or well
fenced. Stored vehicles shall be within a protected
area within the storage yard and contents must be
kept safe from pilfering. Storage yard shall have
a minimum six foot high fence and be lighted to the
rate of one foot (1') candle power per square foot
of storage space. Storage lots located within the
City of National City must also comply with the
City's zoning regulations establishing standards for
storage lots.
B. Hours: There shall be an attendant on call, capable
of responding to police requests for towing 24 hours
a day, 7 days a week, as well as being present or
available for the release of vehicles to the public.
An additional fee may be charged for releases to
vehicle owners after normal business hours (M-F 8:00
AM to 5:00 PM exempting holidays). The fee shall
be set by CONTRACTOR and agreed upon by CITY.
C. Insurance: CONTRACTOR shall procure and maintain
Worker's Compensation Insurance in accordance with
the laws of the State of California. CONTRACTOR
shall be insured by an insurance carrier acceptable
to CITY against loss from fire, theft, public
liability, property damage, automobile liability and
garage keepers legal liability. Evidence of same
shall be received and approved by CITY prior to
execution of the agreement for towing services.
Minimum limits for general and automobile coverage
liability shall be One Million Dollars ($1,000,000)
Combined Single Limit. All insurance policies shall
name the City of National City, its officers,
agents, employees and volunteers as additional
insureds, and shall constitute primary insurance as
to CITY, its officers, agents, employees and
volunteers so that any other policies held by CITY
shall not contribute to any loss under said
insurance. The insurance policies required by this
section shall contain a rider providing that in the
-3-
event of cancellation of the insurance policy for
any reason whatsoever, CONTRACTOR and CITY shall be
notified by registered mail not less than thirty
(30) calendar days prior to such cancellation.
1. CITY is to be held harmless regarding payment
of or litigation arising out of any deductible
amounts in relation to the insurance coverage
afforded by CONTRACTOR.
2. If the required insurance coverage is provided
on the "claims made" rather than "occurrence"
form, CONTRACTOR shall maintain such insurance
coverage for three years after expiration of
the term (and any extensions) of this
Agreement.
3. If CONTRACTOR does not keep the insurance
policy in full force and effect at all times
during the term of this Agreement, CITY may
elect to treat the failure to maintain the
requisite insurance as a breach of this
Agreement and terminate the Agreement.
4. If this Agreement for towing services is
extended beyond its original term, insurance
provisions may be updated at the option of
CITY.
D. Records: CONTRACTOR shall keep a record of each
towed vehicle and its license number; date and time
it was towed and location from which it was towed;
name of officer ordering the towing and whether the
vehicle was impounded or towed at the owner's
request.
1. Notice of Stored Vehicles: CONTRACTOR shall
notify the Police Department in writing within
ten (10) days of the impound date in the event
CONTRACTOR has not received the Notice of
Stored Vehicle report. Failure to have the
Notice of Stored Vehicle report or a written
notice concerning failure to receive a report
may result in CONTRACTOR not being paid by CITY
for towing, storage and other costs.
-4-
CONTRACTOR shall retain its copy of the Notice
of Stored Vehicle report with its invoice,
which is held for one(1) year from the date of
the original impound. CITY shall be
responsible for the first ten (10) days of
storage only if the notification process is
not adhered to.
III. COMPLIANCE WITH STATE LAW AND WITH CITY ORDINANCES AND
REGULATIONS. During the term of this Agreement,
CONTRACTOR shall meet the following requirements:
IV.
A. CONTRACTOR must have a valid City business license
to operate a tow business.
B. Business and storage lots located within the City
limits must conform to all City ordinances,
including zoning and building ordinances, and have
approval of the Planning Department.
C. During the term of this Agreement, CONTRACTOR shall
at all times comply with all provisions of State law
and with all City ordinances and regulations.
DISPATCHING REQUIREMENTS. During the term of this
Agreement, CONTRACTOR shall comply with the following
dispatching requirements:
A. All requests for towing service and the removal of
traffic hazards shall be made through the Police
Department.
1. Response Time: CONTRACTOR shall respond to all
police initiated calls by arriving in at the
scene within thirty (30) minutes from the
moment the dispatch message is complete.
2. Penalty: If the response time exceeds thirty
(30) minutes in more than five percent (5%) of
all responses during any calendar month, a
twenty five dollar ($25) penalty for each
incident in which the response time exceeds
thirty (30) minutes will be assessed. Any
conflicts resulting from penalties shall be
resolved by the Chief of Police.
-5-
V.
B. Tow cars shall be dispatched from CONTRACTOR'S place
of business or a reasonable distance from the place
of business, as determined by the Police Department.
OTHER RULES OF OPERATION. During the term of this
Agreement, CONTRACTOR shall comply with the following
rules of operation:
A. Removing Hazards: After being dispatched by the
Police Department to the scene, CONTRACTOR'S tow
car operator shall cooperate with police officers
in removing vehicles and impounding vehicles as
requested. it is the duty of police officers to
determine when a vehicle should be impounded or
moved and the tow car operator shall abide by their
decisions.
1. Tow car operators are responsible for cleaning
up and carrying away any debris left by towed
vehicle, i.e., broken glass, vehicle parts,
etc.
B. Tow Car Markings: CONTRACTOR shall comply with
Section 27907 of the Vehicle Code of the State of
California regarding signs on tow cars. Only tow
cars bearing the name of the company called shall
be dispatched to the scene of need.
C. Disputes: Whenever there arises a dispute over a
claim or a bill of any nature and same cannot be
satisfactorily adjusted by the parties involved, the
Chief of Police or his designated agent shall have
full authority to settle any and all claims or
disagreements.
D. Ethics and Conduct: CONTRACTOR and its employees
shall conduct their business in an orderly, ethical,
business -like manner and use every means to obtain
and keep the confidence of the motoring public.
CONTRACTOR and its employees shall conduct their
business in accordance with all applicable City,
State, and Federal laws and regulations.
E. Protection of Vehicles: Vehicles impounded by the
police for special investigations, i.e. evidence in
-6-
a criminal offense, shall be held in a secure,
enclosed area large enough to store two vehicles,
until cleared by the investigating officer or his
designee. Neither vehicles nor their contents with
a police "hold" shall be touched, removed, or
disturbed in any manner.
F. Responsibility: CONTRACTOR, while participating in
towing assignments by the Police Department, shall
be responsible for the acts of its employees while
on duty. CONTRACTOR shall be responsible for damage
to vehicles while in its possession.
G. Supervision Checks and Inspections: Records,
equipment, and storage facilities of CONTRACTOR will
be subject to periodic checks by the Police
Department.
H. Damage Appraisals: All vehicles stored or impounded
as a result of a tow ordered by the Police
Department, shall be made available to the owner of
the vehicle or his representative, any insurance
agent, insurance adjuster, or any body shop or car
dealer, for the purpose of estimating or appraising
damages, except vehicles with a police "hold".
I. Access to Vehicles: Vehicles to be appraised shall
be accessible to Police Department personnel. An
employee of CONTRACTOR may be required to assist.
J. Administrative Fee: In cases involving the towing
of a vehicle that has been assessed an
administrative fee by the Police Department, said
vehicle shall not be released until the payment of
the fee and authorization by the Police Department
for release of vehicle is presented.
K. Hold Harmless: CONTRACTOR does hereby agree to
indemnify, defend and save harmless the City of
National City, its officers, agents, employees, and
volunteers from any and all liability, loss, claims,
damages or injuries to any person, including injury
to CONTRACTOR'S employees, and all expenses of
investigating and defending against same arising
from or connected with performance of or failure to
-7-
VI.
perform the work or other obligations of this
Agreement, or caused or claimed to be caused by the
independent acts of CONTRACTOR, its agents or
employees, or the concurrent acts of CONTRACTOR,
CITY or their officers, agents or employees, or
volunteers.
CHARGES: CONTRACTOR shall base its charge for towing
according to the rate schedule attached hereto as Exhibit
"A". CITY and CONTRACTOR may review and revise the fee
schedule during July and January of each year if
requested by CONTRACTOR, and the fee schedule shall be
reviewed and revised at least once every two (2) years.
The fee schedule shall be available to any interested
citizen upon request. CONTRACTOR shall receive no
compensation or other form of consideration from CITY for
providing towing services under this Agreement.
VII. PROCEDURE FOR REQUESTING TOWING SERVICES: In requesting
CONTRACTOR to provide towing services, the Police
Department shall endeavor to divide towing requests
equally between CONTRACTOR and the other towing
contractor utilized by CITY.
VIII. MODIFICATION OF AGREEMENT: With regard to the equipment
standards set forth in Section I (G) herein, the Chief
of Police or his designated agent shall have the
authority to unilaterally modify the requirements of this
Agreement upon 30 days' written notice to CONTRACTOR.
IX. TERM OF AGREEMENT: This Agreement shall be for a period
of three (3) years commencing from the date first above
written. The Chief of Police shall have the authority
to extend the term for up to two (2) years beyond the
initial three (3) year term. The Chief of Police has the
sole discretion to extend this Agreement taking into
consideration the overall performance of CONTRACTOR
during the initial three (3) year term.
-8-
X.
TERMINATION: Any deviation from the terms of this
Agreement, or from towing policies established by CITY,
or failure to provide reasonable, quick and efficient
service may result in the termination of this Agreement
by CITY's City Council upon recommendation of the Chief
of Police.
CITY OF NATIONAL CITY
15�89
George H.CRaters, Mayor
CONTRACTOR
By
-9-
MINT A
RATES
Vehicles under 9500 gross vehicle weight (unloaded) $50.00
Unlocked or drop linkage 7.50
Dollies 26.50
Labor at the scene per quarter hour 12.50
Standby time at the scene per quarter hour 12.50
Dry run 20.00
Police Department Equipment Tow 40.00
Mileage after five miles - per mile 2.50
Vehicles up to 22,000 gross vehicle weight unloaded
1 1/2 rate - per hour 75.00
Vehicles over 22,000 gross vehicle weight per hour 100.00
After hours release 25.00
Storage per hour 2.00
Maximum storage per day 10.00
Maximum initial notification of lien sale
under $1,000 lien process 25.00
Maximum completed lien documents of
under $1,000 lien process 50.00
Maximum over $1,000 lien process 50.00
A to I Enterprises, Inc.
123 35th St.
San Diego, CA 92102
(619) 233-9373
April 7, 1989
S. Knee
Chief of Police
National City Police Dept.
2100 Hoover Ave.
National City, CA 92050
S. Knee:
Per our telephone conversation this afternoon, I am enclosing
"evidence of insurance" as requested in Section "E" paragraph
1-c of the Request for Bid.
A Certificate of Insurance additionally naming the City of
National City will be issued upon your approval of coverage
and the awarding of the contract.
If I can be of any further assistance, please feel free to
contact me.
Dale Wineteer
President
encl.
DW:tn
P.1
STATE
COAAPENSATiON
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FUND
APRIr 19, 9
CITY 0 NATTON :_
CA, 92050
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•rSi^N'2 r.t)f!cy !t-, 'iO(lT,. A ,p,ovkj i;Y The. Mr; i:or':Su
1C'.': 1niAICCtP,J
CERTIFICATE U 'F INSURANCE
DATE: 05/12/90
PRODUCER
RUBIN INSURANCE AGENCY INC
6363 Greenwich, Suite 120
San Diego , CA 92122
(619) 457-5720
INSURED
A to Z Metro Towing
9190 Clairemont Mesa Blvd
San Diego , CA 92123
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHT UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER
COMPANY B
LETTER
COMPANY C
LETTER
GOLDEN EAGLE INS. CO
COMPANY D G-' Q.?
LETTER S"
COMPANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY CLAIMS MADE
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY
EFFECTIVE
DATE
POLICY
EXPIRATION
DATE
ALL LIMITS IN THOUSANDS
GENERAL LIABILITY
[ I COMMERCIAL GENERAL LIABILITY
[ ] [ ] CLAIMS MADE [ ] OCCURRENCE
[ ] OWNER'S & CONTRACTORS PROTECTIVE
[]
[]
GENERAL AGGREGATE $
PRODUCTS-COMP/OPS AGGREGATE $
PERSONAL & ADVERTISING INJURY $
EACH OCCURRENCE $
FIRE DAMAGE (ANY ONE FIRE) $
MEDICAL EXPENSE(ANY ONE PERSON)$
A
A
AUTOMOBILE LIABILITY
[ ] ANY AUTO
[ ] ALL OWNED AUTOS
[X] SCHEDULED AUTOS
[X] HIRED AUTOS
[X] NON -OWNED AUTOS
[X] GARAGE LIABILITY
[]
EXCESS LIABILITY
[ ] UMBRELLA FORM
[ ] OTHER THAN UMBRELLA
CCP 09-95-22
TCR 09 98 51
03/20/90
03/20/90
03/20/91
03/20/91
CSL
$ 1000
BODILY INJURY
(PER PERSON)
BODILY INJURY
(PER ACCIDENT)
PROPERTY
DAMAGE
EACH OCCURRENCE
AGGREGATE
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY
$
(EACH ACCIDENT)
(DISEASE -POLICY LIMIT)
(DISEASE -EACH EMPLOYEE)
A
A
OTHER
GARAGEKEEPERS LEGAL
ON HOOK
TCP 09 98 51
CCP 09 95 22
03/20/90
03/20/90
03/20/91
03/20/91
$500,000
$25,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS ALL
OPERATIONS PERFORMED FOR CERTIFICATE HOLDER- TOWING & RECOVERY
*10 DAYS FOR NON -PAY
CERTIFICATE HOLDER
CITY OF NATIONAL CITY
2100 HOOVER AVENUE
NATIONAL CITY, CA 92050
--___= CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL xxxxxxxxxxx MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
AUTHORIZED REPRESENTATIVE
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MAAL 30 DAYS WMUTEN NOEICE TO THE GERI-O.-IL:ATE 001,R NAMED TO THE
REVIjrFAq-1.3A.S;O MAIL SISCt MOTC elLL IMPOSP NO OBLIGATION Oil
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/ AP
AGREEMENT FOR TOWING SERVICES
This agreement is made and entered into in the City of
National City, State of California, this 17th day of April ,
1989, by and between the City of National City, hereafter referred
to as "CITY", and Moynahan's Towing , hereafter
referred to as "CONTRACTOR".
RECITALS
1. The Police Department of the City of National City finds
it necessary from time to time to remove vehicles from various
locations in the City because they are illegally parked, apparently
abandoned, involved in accidents, or obstructing traffic because
of mechanical failure, by utilizing the services of private towing
contractors.
2. The City has adopted policies for the selection and
designation of two private towing contractors to provide said
services, which policies provide for prospective towing contractors
to participate in a competitive bidding process.
3. CONTRACTOR has participated in said bidding process, and
together with another towing contractor, has been found to have the
best qualifications and to be capable of providing the highest and
best towing service for the City.
4. CITY desires to have CONTRACTOR perform non-exclusive
towing services within the City, and CONTRACTOR agrees to perform
said services, in accordance with all terms and conditions set
forth herein.
Now, Therefore, the parties hereto agree as follows:
I.
MINIMUM EQUIPMENT STANDARDS. During the term of this
Agreement, CONTRACTOR shall meet the following minimum
equipment standards:
A. Tow Car: At least three rigs of one -ton capacity
with rear dual wheels. The Police Officer on the
scene shall determine if greater capacity is needed
and shall call upon any service capable of providing
that capacity regardless of whether or not said
company is under contract with CITY or whether it
is their period of time to receive police requests.
-1-
II.
B. Company Name: CONTRACTOR'S Company name, address,
and phone number shall be placed on both sides of
all tow cars.
C. Lights: Tow cars must, at all times, be equipped
with such headlights, tail lights, red reflectors,
stop lights, warning lights, etc. as required by
California law, plus one white utility light
(adjustable or portable); and may be equipped with
such other lights as CONTRACTOR may desire which
are not forbidden by law.
D. Winch: To be power -driven by power take -off from
transmission equipped with safety dogs or equivalent
braking devices.
E. Booms: Adjustable twin booms with at least 4-ton
capacity.
F. Cables: At least one tow car to be equipped with
300 feet of not less than 3/8 inch cable, free from
partial breaks or knots.
G. Additional Equipment: Tow cars must be equipped
with red flares, lanterns or reflectors, hand tools,
crowbar, rope, broom, shovel, dustpan, fire
extinguisher (dry chemical type), a sufficient
amount of a recognized industrial absorbent material
to be placed on fuel and oil spills of less than
twenty gallons per vehicle or 100 square feet of
area when towing vehicles have been involved in a
collision, a bucket of sand, portable red tail light
and stop light for towed vehicles, equipment for
opening locked vehicles and safety snubber chain.
CONTRACTOR shall have at least one set of dollies
readily available at all times.
H. Attendants: Attendants and operators must display
a reasonable knowledge of their work. In the event
a driver or the equipment is inadequate and
CONTRACTOR is unable to service the request, a
charge for service or labor will not be permitted.
MINIMUM BUSINESS AND STORAGE LOT REQUIREMENTS. During
the term of this Agreement, CONTRACTOR shall meet the
following business and storage lot requirements:
-2-
A. Business and Storage: The business and storage lot
must be a reasonable distance from public
transportation, and must have adequate storage space
(at least 50' x 100' or equivalent area) to
accommodate thirty cars, either under cover or well
fenced. Stored vehicles shall be within a protected
area within the storage yard and contents must be
kept safe from pilfering. Storage yard shall have
a minimum six foot high fence and be lighted to the
rate of one foot (1') candle power per square foot
of storage space. Storage lots located within the
City of National City must also comply with the
City's zoning regulations establishing standards for
storage lots.
B. Hours: There shall be an attendant on call, capable
of responding to police requests for towing 24 hours
a day, 7 days a week, as well as being present or
available for the release of vehicles to the public.
An additional fee may be charged for releases to
vehicle owners after normal business hours (M-F 8:00
AM to 5:00 PM exempting holidays). The fee shall
be set by CONTRACTOR and agreed upon by CITY.
C. Insurance: CONTRACTOR shall procure and maintain
Worker's Compensation Insurance in accordance with
the laws of the State of California. CONTRACTOR
shall be insured by an insurance carrier acceptable
to CITY against loss from fire, theft, public
liability, property damage, automobile liability and
garage keepers legal liability. Evidence of same
shall be received and approved by CITY prior to
execution of the agreement for towing services.
Minimum limits for general and automobile coverage
liability shall be One Million Dollars ($1,000,000)
Combined Single Limit. All insurance policies shall
name the City of National City, its officers,
agents, employees and volunteers as additional
insureds, and shall constitute primary insurance as
to CITY, its officers, agents, employees and
volunteers so that any other policies held by CITY
shall not contribute to any loss under said
insurance. The insurance policies required by this
section shall contain a rider providing that in the
-3-
event of cancellation of the insurance policy for
any reason whatsoever, CONTRACTOR and CITY shall be
notified by registered mail not less than thirty
(30) calendar days prior to such cancellation.
1. CITY is to be held harmless regarding payment
of or litigation arising out of any deductible
amounts in relation to the insurance coverage
afforded by CONTRACTOR.
2. If the required insurance coverage is provided
on the "claims made" rather than "occurrence"
form, CONTRACTOR shall maintain such insurance
coverage for three years after expiration of
the term (and any extensions) of this
Agreement.
3. If CONTRACTOR does not keep the insurance
policy in full force and effect at all times
during the term of this Agreement, CITY may
elect to treat the failure to maintain the
requisite insurance as a breach of this
Agreement and terminate the Agreement.
4. If this Agreement for towing services is
extended beyond its original term, insurance
provisions may be updated at the option of
CITY.
D. Records: CONTRACTOR shall keep a record of each
towed vehicle and its license number; date and time
it was towed and location from which it was towed;
name of officer ordering the towing and whether the
vehicle was impounded or towed at the owner's
request.
1. Notice of Stored Vehicles: CONTRACTOR shall
notify the Police Department in writing within
ten (10) days of the impound date in the event
CONTRACTOR has not received the Notice of
Stored Vehicle report. Failure to have the
Notice of Stored Vehicle report or a written
notice concerning failure to receive a report
may result in CONTRACTOR not being paid by CITY
for towing, storage and other costs.
-4-
CONTRACTOR shall retain its copy of the Notice
of Stored Vehicle report with its invoice,
which is held for one(1) year from the date of
the original impound. CITY shall be
responsible for the first ten (10) days of
storage only if the notification process is
not adhered to.
III. COMPLIANCE WITH STATE LAW AND WITH CITY ORDINANCES AND
REGULATIONS. During the term of this Agreement,
CONTRACTOR shall meet the following requirements:
A. CONTRACTOR must have a valid City business license
to operate a tow business.
IV.
B. Business and storage lots located within the City
limits must conform to all City ordinances,
including zoning and building ordinances, and have
approval of the Planning Department.
C. During the term of this Agreement, CONTRACTOR shall
at all times comply with all provisions of State law
and with all City ordinances and regulations.
DISPATCHING REQUIREMENTS. During the term of this
Agreement, CONTRACTOR shall comply with the following
dispatching requirements:
A. All requests for towing service and the removal of
traffic hazards shall be made through the Police
Department.
1. Response Time: CONTRACTOR shall respond to all
police initiated calls by arriving in at the
scene within thirty (30) minutes from the
moment the dispatch message is complete.
2. Penalty: If the response time exceeds thirty
(30) minutes in more than five percent (5%) of
all responses during any calendar month, a
twenty five dollar ($25) penalty for each
incident in which the response time exceeds
thirty (30) minutes will be assessed. Any
conflicts resulting from penalties shall be
resolved by the Chief of Police.
-5-
EXNIlR A
RATES
Vehicles under 9500 gross vehicle weight (unloaded) $50.00
Unlocked or drop linkage 7.50
Dollies 26.50
Labor at the scene per quarter hour 12.50
Standby time at the scene per quarter hour 12.50
Dry run 20.00
Police Department Equipment Tow 40.00
Mileage after five miles - per mile 2.50
Vehicles up to 22,000 gross vehicle weight unloaded
1 1/2 rate - per hour 75.00
Vehicles over 22,000 gross vehicle weight per hour 100.00
After hours release 25.00
Storage per hour 2.00
Maximum storage per day 10.00
Maximum initial notification of lien sale
under $1,000 lien process 25.00
Maximum completed lien documents of
under $1,000 lien process 50.00
Maximum over $1,000 lien process 50.00
V.
B. Tow cars shall be dispatched from CONTRACTOR'S place
of business or a reasonable distance from the place
of business, as determined by the Police Department.
OTHER RULES OF OPERATION. During the term of this
Agreement, CONTRACTOR shall comply with the following
rules of operation:
A. Removing Hazards: After being dispatched by the
Police Department to the scene, CONTRACTOR's tow
car operator shall cooperate with police officers
in removing vehicles and impounding vehicles as
requested. It is the duty of police officers to
determine when a vehicle should be impounded or
moved and the tow car operator shall abide by their
decisions.
1. Tow car operators are responsible for cleaning
up and carrying away any debris left by towed
vehicle, i.e., broken glass, vehicle parts,
etc.
B. Tow Car Markings: CONTRACTOR shall comply with
Section 27907 of the Vehicle Code of the State of
California regarding signs on tow cars. Only tow
cars bearing the name of the company called shall
be dispatched to the scene of need.
C. Disputes: Whenever there arises a dispute over a
claim or a bill of any nature and same cannot be
satisfactorily adjusted by the parties involved, the
Chief of Police or his designated agent shall have
full authority to settle any and all claims or
disagreements.
D. Ethics and Conduct: CONTRACTOR and its employees
shall conduct their business in an orderly, ethical,
business -like manner and use every means to obtain
and keep the confidence of the motoring public.
CONTRACTOR and its employees shall conduct their
business in accordance with all applicable City,
State, and Federal laws and regulations.
E. Protection of Vehicles: Vehicles impounded by the
police for special investigations, i.e. evidence in
-6-
a criminal offense, shall be held in a secure,
enclosed area large enough to store two vehicles,
until cleared by the investigating officer or his
designee. Neither vehicles nor their contents with
a police "hold" shall be touched, removed, or
disturbed in any manner.
F. Responsibility: CONTRACTOR, while participating in
towing assignments by the Police Department, shall
be responsible for the acts of its employees while
on duty. CONTRACTOR shall be responsible for damage
to vehicles while in its possession.
G. Supervision Checks and Inspections: Records,
equipment, and storage facilities of CONTRACTOR will
be subject to periodic checks by the Police
Department.
H. Damage Appraisals: All vehicles stored or impounded
as a result of a tow ordered by the Police
Department, shall be made available to the owner of
the vehicle or his representative, any insurance
agent, insurance adjuster, or any body shop or car
dealer, for the purpose of estimating or appraising
damages, except vehicles with a police "hold".
I. Access to Vehicles: Vehicles to be appraised shall
be accessible to Police Department personnel. An
employee of CONTRACTOR may be required to assist.
J. Administrative Fee: In cases involving the towing
of a vehicle that has been assessed an
administrative fee by the Police Department, said
vehicle shall not be released until the payment of
the fee and authorization by the Police Department
for release of vehicle is presented.
K. Hold Harmless: CONTRACTOR does hereby agree to
indemnify, defend and save harmless the City of
National City, its officers, agents, employees, and
volunteers from any and all liability, loss, claims,
damages or injuries to any person, including injury
to CONTRACTOR'S employees, and all expenses of
investigating and defending against same arising
from or connected with performance of or failure to
-7-
VI.
perform the work or other obligations of this
Agreement, or caused or claimed to be caused by the
independent acts of CONTRACTOR, its agents or
employees, or the concurrent acts of CONTRACTOR,
CITY or their officers, agents or employees, or
volunteers.
CHARGES: CONTRACTOR shall base its charge for towing
according to the rate schedule attached hereto -as Exhibit
"A". CITY and CONTRACTOR may review and revise the fee
schedule during July and January of each year if
requested by CONTRACTOR, and the fee schedule shall be
reviewed and -revised at least once every two (2).-years.
The fee schedule shall be available to any interested
citizen upon- request. CONTRACTOR shall receive no
compensation or -other form of consideration from CITY for
providing towing services under this Agreement.
VII. PROCEDURE FOR REQUESTING TOWING SERVICES: In requesting
CONTRACTOR to provide- towing services, the Police
Department shall endeavor to divide towing requests
equally between CONTRACTOR and the other towing
contractor utilized by CITY.
VIII. MODIFICATION OF AGREEMENT: With regard to the equipment
standards set forth in Section I -(G) herein, the -Chief
of Police or his designated agent shall-- have the
authority to unilaterally modify the. requirements of this
Agreement upon 30 days' written notice to CONTRACTOR.
IX. TERM OF AGREEMENT: This Agreement shall be for -a period
of three (3)-years commencing from the date first above
written. The Chief of Police shall have the authority
to extend the term for up to two (2) years beyond the
initial -three (3) year term. The Chief of Poliee.has the
sole discretion to extend this Agreement taking into
consideration the overall performance of CONTRACTOR
during the initial three (3) year term.
-8-
X.
TERMINATION: Any deviation from the terms of this
Agreement, or from towing policies established by CITY,
or failure to provide reasonable, quick and efficient
service may result in the termination of this Agreement
by CITY's City Council upon recommendation of the Chief
of Police.
CITY OF NATIONAL CITY
By J2K.4t /4-,e.LL.�'ii,
George H. Waters, Mayor
CONTRACTOR
By /i .
By
-9-
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1243 National City Blvd.
National City, CA 9200
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SHOULD A VY CIF THE ABOVE IDEESCI'UBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATION DATE ]THEREOF, THE memo COMPANY WILL XaSSINtncga
MAIL 31) DAYS WRITTEN NOTICE TO T a CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT AIt'FO MAIL SUCH NOTICEF LL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY lqin N 'THE COMPANY IT;'' GIENTS OR RE:PI'iESENTAT'IVES.
AUTHORIZEEI� REENT INIE r._ ',;,,����1]]]1
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IIRi."+:COF D CO PORATION 19E14
Passed and adopted by the Council of the City of National City, California,
on 4-11-89 by the following vote, to -wit:
Ayes: Councilmen
Nays: Councilmen
Absent: Councilmen
Abstain: Councilmen
AUTHENTICATED BY:
Dalla, Inzunza, Waters
Pruitt, "Van Deventer
GEORGE H. WATERS
By:
Mayor of the City of National City, California
Clerk of the City of National City, California
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and cor-
rect copy of RESOLUTION NO. :J.5,9.3 3 of the City of National City,
Calif., passed and adopted by the Council of said City on ...4-.J.1-139
(Seal)
By:
City Clerk of the City of National City, California
Deputy
C.E; TIFICATE OF INSURANCE
TO:`
C]TY OF NATIONAL *ITY ITS
OFFICERS AGENTS EMPLOYEES
1243 NATIONAL CITY BLVD.
NATIONAL CITY CA 92050 DATE: 6/01/89
HEREOF THE FOLLOWING POLICY OR POLICIES:
THIS IS TO CERTIFY THAT THE COMPANY SHOWN ABOVE HAS IN FORCE AS OF THE DATE
NAME AND ,ADDRESS OF INSURED OR EMPLOYER:
1'HOMAS 4. MOYNAHANSR. & 2OOJR. DBA: MOYNAyANS
1iNATIONAL BLVD NATIONAL CITY
CA 92050
9014231
64 FORD TOW •
72 FORD TOW 4409
86 GMC 0224
78 CHEVY WRECKER
80CHEVY TOW 6021
84 CHEVY TIN 21617
THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS
EXTENDS OR ALTERS THE COVERAGE AFFORDED BY THE POLICY OR POLICIES SHOWN MOVE.
COMPANY WILL MAKE EVERY EFFORT TO NOTIFY
IN EVENT OF ANY MATERIAL CHANGE IN OR CANCELLATION OF THE POLICY OR POLICIES THE
T RESPCADDRESSEE BUT UNDERTAKES N1
NISIBI.ITY BY REASON OF, FAILURE 'VW
AUTHORIZED REPRESENTATIV9E
BATCH NUMBER: F49711
INDUSTRIAL INDEMNITY CAIP
SAN FRANCIS',, CA 94161
EACH OCCURRENCE
AGGREGATE OPERATIONS
AGGREGATE PROTECTIVE
AGGREGATE CONTRACTUAL
A REBATE PRODUCTS AND
1,000,00o COMBINED SINGLE;
REPORT CPAGE ODE: 1
E
X ADDITIONAL INSURED ENDORSEMENT
(MWC-03)
COMPANY: INDUSTRIAL INDEMNITY CAIP
THIS DOES NOT CHANGE THE POLICY. PLEASE READ IT CAREFULLY.
NAMED PERSONIS) OR ORGANIZATIONIS) AS INSURED
THIS IS EFFECTIVE ON THE INCEPTION DATE OF THE POLICY UNLESS ANOTHER DATE IS
INDICATED BELOW.
EFFECTIVE: 01/06/89
NAMED INSURED: THOMAS W. MOYNAHANSR.
PERSON OR ORGANIZATION:
POLICY NUMBER: AS 9 01 42 31
JR. DBA: MOYNAHANS
COUNTERSIGNED BY;
CITY OF NATIONAL CITY ITS
OFFICERS AGENTS EMPLOYEES
1243 NATIONAL CITY BLVD.
NATIONAL CITY CA 92050
A'ESENTATIVE)
EACH PERSON OR ORGANIZATION NAMED ABOVE IS AN INSURED FOR LIABILITY
BUT ONLY TO THE EXTENT HE, SHE OR IT QUALIFIES AS AN INSURED UNDER T
INSURED PROVISION FOR PART IV --LIABILITY INSURANCE OF THE POLICY.
RANCE•
HO IS
135 BATCH NUMBER: F4971139911A REPORT CODE: E
yity of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE April 11, 1989
AGENDA ITEM NO. 10
ITEM TITLE Resolution establishing Agreement for towing services.
PREPARED BY
EXPLANATION.
See attached memo
DEPARTMENT
Police Department
J
Environmental Review x N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Adopt Resolution
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below)
Proposed Resolution
Proposed Contract
Resolution No. 15.938
A-200 (Rev. 9/80)
April 7, 1989
To: Stan Knee, Chief of Police
From: P. Pauu Jr., Administrative Lieutenant
R. Allen, Traffic Officer
Subject: Bid Proposals for Police Towing/Storage
Per request, nine (9) bid proposals for Police Towing
and Storage were examined. Several bid proposals were
eliminated because they lacked information required on
the bid request. The companies were:
1) McBrides Mission Valley Towing
2646 Commercial St.
San Diego, CA 92113
McBride's bid did not contain a financial statement,
lacked a list of drivers and their California Drivers
Licenses and there was no legal information included.
2) San Diego Police Tow Operators Inc. (S.D.P.T.O.)
P.O. Box 203310
San Diego, CA 92120
S.D.P.T.O.'s bid did not include a financial statement
and lacked any information on any litigation history
of either the parent firm (S.D.P.T.O. is an incorporated
group of six tow companies) or of its member operators.
3) E&S Towing (dba) Glenview Towing
13216 Highway 8 Business
El Cajon, CA 92021
E&S Towing did not meet minimum bid requirements. They
did not include financial statement, any litigation his-
tory or the requested information on drivers and their
California Drivers Licenses. A quick check of the pri-
mary lot to be used in this contract revealed that it
was located approximately 8 miles from National City
Police Department (approximate center city). Additionally
it's facility for securing a "hold" vehicle was inadequate
for our purposes. Their tow rigs are also dispatched out
of their El Cajon location which could translate into
response time problems as well as other logistical prob-
lems in the future.
This left six firms which did meet all of the minimum
requirements set forth in the Request for Bid. All of
these remaining firms were visited to confirm information
on their proposals. Although we were looking for factors
important to the police response (size of lots, fence and
security, secured areas for "hold vehicles, etc), we were
also considering amenities that took the public into con-
sideration (length of drive to get vehicle releases, dif-
ferent location of storage and offices, etc). Based on
this facility inspection, four firms were eliminated from
contract competition. They are:
1) American Towing
3290 Main St.
San Diego, CA 92113
American Towing has two lots. The primary lot for this
bid proposal is the one located at 3290 Main St. We found
this lot to be inadequate for our purposes. Although it
probably met minimum requirements, with the vehicles
there now, and our expected volume, the lot would fill
quickly. The fence was in need of repair and there was
no adequate areafor securing a "hold" vehicle. American
has an additional lot in the South Bay (about 7 miles
away) but because their office is on Main St, conceiva-
bly, an owner could get his release on Main St and then
drive another 7 miles to get his vehicle.
2) Ed's Towing
1803 Highland Ave
National City, CA 92050
Ed's Towing could operate out of 1803 Highland Ave but
it does not. It's main operations is downtown San Diego
at 1440 Kettner Blvd. It is also the location of the pri-
mary lot for this proposal. The lot size and it's present
capacity level renders it inadequate for our purposes.
Ed's secondary lot is located near the Mexican border and
is essentially an undeveloped location which at most is
an unattended fenced lot with no security. The downtown
San Diego location also did not provide adequate facilities
for "hold" vehicles.
3) South Bay Towing
619 "K" St
Chula Vista, CA 92011
The lot that South Bay Towing proposes to use as primary
for this contract is too small. On the day of our visit,
it was close to being full with other impounded vehicles.
4) J.C. Towing
2501 Faivre
Chula Vista, CA 92011
J.C. Towing operates two lots. The lot that would be
primary for this bid proposal is located at 3520 E St.,
San Diego. This lot is not adequate in size for our pur-
poses. It would be difficult to find in south east San
Diegoand because their main office of operations is lo-
cated in south Chula Vista, it brings up the possibility
of an owner having to travel to Chula Vista to get a
release then travel to San Diego to get his vehicle. The
travel distance could be 10-15 miles. J.C. Towing also
did not have an adequate secure area for "hold" vehicles.
The two firms recommended for this contract are:
Moynahan Towing
3200 National City Blvd
National City, CA 92050
A to Z Towing
123 35th St
San Diego, CA 92102
Our recommendation is based strictly, on our inspection
findings. Rate charges were secondary in consideration
but because of a disparity in charges between these two,
there should be some negotiation to standardize the rates.
Moynahan Towing
Moynahan Towing is located in the City for quick response.
The primary lot for this contract is at the same location
as is the office and dispatch center. They have drivers
at their lot 24 hours a day. Moynahan is currently the
contractor for the City therefore already has their records
geared accordingly. The lot size is 70,000 square feet.
Overall security is very adequate and the lot is surroun-
ded with an 8 foot wall toppedwith barbed wire. Moynahan
has an automotive service area with a garage available
for "hold" vehicle security. The firm has also ordered
fencing material to build 2 additional fenced/covered "hold"
vehicle areas should they be awarded the contract. They
have five tow vehicles from 1 ton to 2 ton.
A to Z Towing
A to Z Towing is located just north of the City (approx
2.5 miles). The facility is easy to find located just off
of I-15 and Imperial exit. The primary lot for this con-
tract is approximately 1.5 acres.
A to Z Towing (cntd)
The lot is very well secured with wood fencing topped
with barbed wire. Their records (computerized) and dis-
patch are located at this same site. A to Z has 29 avail-
able tow vehicles for any need up to "Big Rig" tractor
and trailers. The lot is very large and has a great deal
of available space. There is a large shed for motorcycle
storage and is also used for "hold" vehicle impounds.
A to Z also has a 3 acre lot for additional storage at
the "KSON radio station tower" at the juncture of I-5 and
I-15. This secondary lot is even closer to the City.
Respectfully submitted,
. Pauu/Jr,4 Lieutenant
REMARKS SECTION
AMERICAN TOWING
ED'S TOWING
McBRIDE'S TOWING
22 K I,R
44 K A I 8-5 UNK A COMP13/4 11
MI
FENCE NEEDS REPAIR, NO SECURE AREA FOR
EVIDENCE
COMP
27 K, A I 8-5 A A & 4.3 19
MAN MI
MOYNAHAN'S TOWING
70
65K
A TO Z TOWING 130K
A
A I8-5 1 A
SOUTHBAY TOWING
SAN DIEGO POLICE
TOW OPERATORS
J.C. TOWING
E & S TOWING
28K
I
9.6K1 I
87K A
A MAN
PRIMARY LOT SIZE TOO SMALL, SECONDARY LOT
ON 1-905, FENCED BUT NO ON -SITE SECURITY
'DID NOT MEET MINIMUM BID REQUIREMENTS,
NO FINANCIAL STATEMENT OR LITIGATION
'HISTORY SUBMITTED WITH PROPOSAL
0 5 ILOISIGOOD,8S'AWALLLAWITH SIZE IDEUTE IIBARBEDAWIREECURITY
MI 'GARAGE AVAILABLE FOR VEHICLES WITH EVIDENCE
COMP
A 8-5 A A & 2.5 29
MAN MI
ADDITIONAL LOT AT I-15 AND 1-5 JUNCTION.
VERY GOOD SECURITY
A 8-5 UNK A MAN 5.6 4
LOT SIZE TOO SMALL FOR OUR PURPOSES WITH
NUMBER OF VEHICLES WE IMPOUND PER MONTH.
'DID NOT MEET MINIMUM BID REQUIREMENTS,
NO FINANCIAL STATEMENT OR LITIGATION
'HISTORY SUBMITTED.
PRIMARYFOR THE
A I8-5 A A ICOMP4.1 16 IVEHICLESLOT IIMPOUNDEDSIZEOO PERMALL MONTH. OVERFLOW
6.9 ' 'LOT IN SOUTH CHULA VISTA, DIFFICULT FOR R/O
A -ADEQUATE, MEETS OR EXCEEDS STANDARDS
'DID NOT MEET MINIMUM BID REQUIREMENTS,
'NO FINANCIAL STATEMENT OR LITIGATION
'HISTORY SUBMITTED.
R-SECURITY RISK
COMP -COMPUTER
I -INADEQUATE, DOES NOT MEET STANDARDS
MAN -MANUAL
RATES
Vehicles under 9500 gross vehicle weight (unloaded)
Unlocked or drop linkage
Dollies
Labor at the scene per quarter hour
Standby time at the scene per quarter hour
Dry run
Police Department Equipment Tow
Mileage after five miles - per mile
Vehicles up to 22,000 gross vehicle weight unloaded
1 1/2 rate - per hour
Vehicles over 22,000 gross vehicle weight per hour
After hours release
Storage per hour
Maximum storage per day
$50.00
7.50
26.50
12.50
12.50
20.00
40.00
2.50
75.00
100.00
25.00
2.00
10.00
Maximum initial notification of lien sale
under $1,000 lien process 25.00
Maximum completed lien documents of
under $1,000 lien process 50.00
Maximum over $1,000 lien process 50.00
EXHIBIT A
AGREEMENT FOR TOWING SERVICES
This agreement is made and entered into in the City of
National City, State of California, this day of ,
1989, by and between the City of National City, hereafter referred
to as "CITY", and , hereafter
referred to as "CONTRACTOR".
RECITALS
1. The Police Department of the City of National City finds
it necessary from time to time to remove vehicles from various
locations in the City because they are illegally parked, apparently
abandoned, involved in accidents, or obstructing traffic because
of mechanical failure, by utilizing the services of private towing
contractors.
2. The City has adopted policies for the selection and
designation of two private towing contractors to provide said
services, which policies provide for prospective towing contractors
to participate in a competitive bidding process.
3. CONTRACTOR has participated in said bidding process, and
together with another towing contractor, has been found to have the
best qualifications and to be capable of providing the highest and
best towing service for the City.
4. CITY desires to have CONTRACTOR perform non-exclusive
towing services within the City, and CONTRACTOR agrees to perform
said services, in accordance with all terms and conditions set
forth herein.
Now, Therefore, the parties hereto agree as follows:
I.
MINIMUM EQUIPMENT STANDARDS. During the term of this
Agreement, CONTRACTOR shall meet the following minimum
equipment standards:
A. Tow Car: At least three rigs of one -ton capacity
with rear dual wheels. The Police Officer on the
scene shall determine if greater capacity is needed
and shall call upon any service capable of providing
that capacity regardless of whether or not said
company is under contract with CITY or whether it
is their period of time to receive police requests.
-1-
II.
B. Company Name: CONTRACTOR'S Company name, address,
and phone number shall be placed on both sides of
all tow cars.
C. Lights: Tow cars must, at all times, be equipped
with such headlights, tail lights, red reflectors,
stop lights, warning lights, etc. as required by
California law, plus one white utility light
(adjustable or portable); and may be equipped with
such other lights as CONTRACTOR may desire which
are not forbidden by law.
D. Winch: To be power -driven by power take -off from
transmission equipped with safety dogs or equivalent
braking devices.
E. Booms: Adjustable twin booms with at least 4-ton
capacity.
F. Cables: At least one tow car to be equipped with
300 feet of not less than 3/8 inch cable, free from
partial breaks or knots.
G. Additional Equipment: Tow cars must be equipped
with red flares, lanterns or reflectors, hand tools,
crowbar, rope, broom, shovel, dustpan, fire
extinguisher (dry chemical type), a sufficient
amount of a recognized industrial absorbent material
to be placed on fuel and oil spills of less than
twenty gallons per vehicle or 100 square feet of
area when towing vehicles have been involved in a
collision, a bucket of sand, portable red tail light
and stop light for towed vehicles, equipment for
opening locked vehicles and safety snubber chain.
CONTRACTOR shall have at least one set of dollies
readily available at all times.
H. Attendants: Attendants and operators must display
a reasonable knowledge of their work. In the event
a driver or the equipment is inadequate and
CONTRACTOR is unable to service the request, a
charge for service or labor will not be permitted.
MINIMUM BUSINESS AND STORAGE LOT REQUIREMENTS. During
the term of this Agreement, CONTRACTOR shall meet the
following business and storage lot requirements:
-2-
A. Business and Storage: The business and storage lot
must be a reasonable distance from public
transportation, and must have adequate storage space
(at least 50' x 100' or equivalent area) to
accommodate thirty cars, either under cover or well
fenced. Stored vehicles shall be within a protected
area within the storage yard and contents must be
kept safe from pilfering. Storage yard shall have
a minimum six foot high fence and be lighted to the
rate of one foot (1') candle power per square foot
of storage space. Storage lots located within the
City of National City must also comply with the
City's zoning regulations establishing standards for
storage lots.
B. Hours: There shall be an attendant on call, capable
of responding to police requests for towing 24 hours
a day, 7 days a week, as well as being present or
available for the release of vehicles to the public.
An additional fee may be charged for releases to
vehicle owners after normal business hours (M-F 8:00
AM to 5:00 PM exempting holidays). The fee shall
be set by CONTRACTOR and agreed upon by CITY.
C. Insurance: CONTRACTOR shall procure and maintain
Worker's Compensation Insurance in accordance with
the laws of the State of California. CONTRACTOR
shall be insured by an insurance carrier acceptable
to CITY against loss from fire, theft, public
liability, property damage, automobile liability and
garage keepers legal liability. Evidence of same
shall be received and approved by CITY prior to
execution of the agreement for towing services.
Minimum limits for general and automobile coverage
liability shall be One Million Dollars ($1,000,000)
Combined Single Limit. All insurance policies shall
name the City of National City, its officers,
agents, employees and volunteers as additional
insureds, and shall constitute primary insurance as
to CITY, its officers, agents, employees and
volunteers so that any other policies held by CITY
shall not contribute to any loss under said
insurance. The insurance policies required by this
section shall contain a rider providing that in the
-3-
event of cancellation of the insurance policy for
any reason whatsoever, CONTRACTOR and CITY shall be
notified by registered mail not less than thirty
(30) calendar days prior to such cancellation.
1. CITY is to be held harmless regarding payment
of or litigation arising out of any deductible
amounts in relation to the insurance coverage
afforded by CONTRACTOR.
2. If the required insurance coverage is provided
on the "claims made" rather than "occurrence"
form, CONTRACTOR shall maintain such insurance
coverage for three years after expiration of
the term (and any extensions) of this
Agreement.
3. If CONTRACTOR does not keep the insurance
policy in full force and effect at all times
during the term of this Agreement, CITY may
elect to treat the failure to maintain the
requisite insurance as a breach of this
Agreement and terminate the Agreement.
4. If this Agreement for towing services is
extended beyond its original term, insurance
provisions may be updated at the option of
CITY.
D. Records: CONTRACTOR shall keep a record of each
towed vehicle and its license number; date and time
it was towed and location from which it was towed;
name of officer ordering the towing and whether the
vehicle was impounded or towed at the owner's
request.
1. Notice of Stored Vehicles: CONTRACTOR shall
notify the Police Department in writing within
ten (10) days of the impound date in the event
CONTRACTOR has not received the Notice of
Stored Vehicle report. Failure to have the
Notice of Stored Vehicle report or a written
notice concerning failure to receive a report
may result in CONTRACTOR not being paid by CITY
for towing, storage and other costs.
-4-
CONTRACTOR shall retain its copy of the Notice
of Stored Vehicle report with its invoice,
which is held for one(1) year from the date of
the original impound. CITY shall be
responsible for the first ten (10) days of
storage only if the notification process is
not adhered to.
III. COMPLIANCE WITH STATE LAW AND WITH CITY ORDINANCES AND
REGULATIONS. During the term of this Agreement,
CONTRACTOR shall meet the following requirements:
A. CONTRACTOR must have a valid City business license
to operate a tow business.
B. Business and storage lots located within the City
limits must conform to all City ordinances,
including zoning and building ordinances, and have
approval of the Planning Department.
C. During the term of this Agreement, CONTRACTOR shall
at all times comply with all provisions of State law
and with all City ordinances and regulations.
IV.
DISPATCHING REQUIREMENTS. During the term of this
Agreement, CONTRACTOR shall comply with the following
dispatching requirements:
A. All requests for towing service and the removal of
traffic hazards shall be made through the Police
Department.
1. Response Time: CONTRACTOR shall respond to all
police initiated calls by arriving in at the
scene within thirty (30) minutes from the
moment the dispatch message is complete.
2. Penalty: If the response time exceeds thirty
(30) minutes in more than five percent (5%) of
all responses during any calendar month, a
twenty five dollar ($25) penalty for each
incident in which the response time exceeds
thirty (30) minutes will be assessed. Any
conflicts resulting from penalties shall be
resolved by the Chief of Police.
-5-
V.
B. Tow cars shall be dispatched from CONTRACTOR'S place
of business or a reasonable distance from the place
of business, as determined by the Police Department.
OTHER RULES OF OPERATION. During the term of this
Agreement, CONTRACTOR shall comply with the following
rules of operation:
A. Removing Hazards: After being dispatched by the
Police Department to the scene, CONTRACTOR's tow
car operator shall cooperate with police officers
in removing vehicles and impounding vehicles as
requested. It is the duty of police officers to
determine when a vehicle should be impounded or
moved and the tow car operator shall abide by their
decisions.
1. Tow car operators are responsible for cleaning
up and carrying away any debris left by towed
vehicle, i.e., broken glass, vehicle parts,
etc.
B. Tow Car Markings: CONTRACTOR shall comply with
Section 27907 of the Vehicle Code of the State of
California regarding signs on tow cars. Only tow
cars bearing the name of the company called shall
be dispatched to the scene of need.
C. Disputes: Whenever there arises a dispute over a
claim or a bill of any nature and same cannot be
satisfactorily adjusted by the parties involved, the
Chief of Police or his designated agent shall have
full authority to settle any and all claims or
disagreements.
D. Ethics and Conduct: CONTRACTOR and its employees
shall conduct their business in an orderly, ethical,
business -like manner and use every means to obtain
and keep the confidence of the motoring public.
CONTRACTOR and its employees shall conduct their
business in accordance with all applicable City,
State, and Federal laws and regulations.
E. Protection of Vehicles: Vehicles impounded by the
police for special investigations, i.e. evidence in
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a criminal offense, shall be held in a secure,
enclosed area large enough to store two vehicles,
until cleared by the investigating officer or his
designee. Neither vehicles nor their contents with
a police "hold" shall be touched, removed, or
disturbed in any manner.
F. Responsibility: CONTRACTOR, while participating in
towing assignments by the Police Department, shall
be responsible for the acts of its employees while
on duty. CONTRACTOR shall be responsible for damage
to vehicles while in its possession.
G. Supervision Checks and Inspections: Records,
equipment, and storage facilities of CONTRACTOR will
be subject to periodic checks by the Police
Department.
H. Damage Appraisals: All vehicles stored or id
as a result of a tow ordered b mpool ee
yDepartment, shall be made available to theeownerlce of
the vehicle or his representative, any insurance
agent, insurance adjuster, or any body shop or car
dealer, for the purpose of estimating or appraising
damages, except vehicles with a police "hold".
I. Access to Vehicles: Vehicles to be appraised shall
be accessible to Police Department personnel. An
employee of CONTRACTOR may be required to assist.
J. Administrative Fee: In cases involvingth of a vehicle that
has a towing
an
administrative fee by the Police eDepa Deparn tment,
vehicle shall not be released until the payment of
the fee and authorization by the Police Department
for release of vehicle is presented.
K. Hold Harmless: CONTRACTOR does hLeb
indemnify, defend and save harmlessthe agree City of
National City, its officers, agents, employees, and
volunteers from any and all liability, loss, claims,
damages or injuries to any person, including injury
to CONTRACTOR'S employees, and all expenses of
investigating and defending against same arising
from or connected with performance of or failure to
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VI.
perform the work or other obligations of this
Agreement, or caused or claimed to be caused by the
independent acts of CONTRACTOR, its agents or
employees, or the concurrent acts of CONTRACTOR,
CITY or their officers, agents or employees, or
volunteers.
CHARGES: CONTRACTOR shall base its charge for towing
according to the rate schedule attached hereto as Exhibit
"A". CITY and CONTRACTOR may review and revise the fee
schedule during July and January of each year if
requested by CONTRACTOR, and the fee schedule shall be
reviewed and revised at least once every two (2) years.
The fee schedule shall be available to any interested
citizen upon request. CONTRACTOR shall receive no
compensation or other form of consideration from CITY for
providing towing services under this Agreement.
VII. PROCEDURE FOR REQUESTING TOWING SERVICES: In requesting
CONTRACTOR to provide towing services, the Police
Department shall endeavor to divide towing requests
equally between CONTRACTOR and the other towing
contractor utilized by CITY.
VIII. MODIFICATION OF AGREEMENT: With regard to the equipment
standards set forth in Section I (G) herein, the Chief
of Police or his designated agent shall have the
authority to unilaterally modify the requirements of this
Agreement upon 30 days' written notice to CONTRACTOR.
IX. TERM OF AGREEMENT: This Agreement shall be for a period
of three (3) years commencing from the date first above
written. The Chief of Police shall have the authority
to extend the term for up to two (2) years beyond the
initial three (3) year term. The Chief of Police has the
sole discretion to extend this Agreement taking into
consideration the overall performance of CONTRACTOR
during the initial three (3) year term.
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X.
TERMINATION: Any deviation from the terms of this
Agreement, or from towing policies established by CITY,
or failure to provide reasonable, quick and efficient
service may result in the termination of this Agreement
by CITY's City Council upon recommendation of the Chief
of Police.
CITY OF NATIONAL CITY
By
George H. Waters, Mayor
CONTRACTOR
By
By
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RATES
Vehicles under 9500 gross vehicle weight (unloaded) $50.00
Unlocked or drop linkage 7.50
Dollies 26.50
Labor at the scene per quarter hour 12.50
Standby time at the scene per quarter hour 12.50
Dry run 20.00
Police Department Equipment Tow 40.00
Mileage after five miles - per mile 2.50
Vehicles up to 22,000 gross vehicle weight unloaded
1 1/2 rate - per hour 75.00
Vehicles over 22,000 gross vehicle weight per hour 100.00
After hours release 25.00
Storage per hour 2.00
Maximum storage per day 10.00
Maximum initial notification of lien sale
under $1,000 lien process 25.00
Maximum completed lien documents of
under $1,000 lien process 50.00
Maximum over $1,000 lien process 50.00
EXHIBIT A
RESOLUTION NO. 15,938
A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF
NATIONAL CITY AWARDING TOWING SERVICES CONTRACTS TO
A TO Z TOWING SERVICE AND TO TOM MOYNAHAN TOWING, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACTS
WHEREAS, the Purchasing Agent of the City of National
City did in open session on April 4, 1989, publicly open,
examine, and declare all sealed proposals or bids to provide
towing services to the Police Department of the City of National
City; and
WHEREAS, the Chief of Police has analyzed the bid
materials submitted, and considered the financial condition,
experience, stability, personnel, equipment, communications
capabilities, and facilities of the bidders, and has made a
determination as to the two bidders capable of providing the best
towing service to the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of National City that the City hereby awards contracts
to provide towing services to the National City Police Department
to the following contractors:
A TO Z TOWING SERVICE
TOM MOYNAHAN TOWING
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized to execute on behalf of the City a towing services
contract with A to Z Towing Services, and a towing services
contract with Tom Moynahan Towing.
PASSED and ADOPTED this 11th day of April, 1989.
GEORGE H. WATERS, MAYOR
ATTEST:
LORI ANNE PEOPLES, CITY CLERK
APPROV$D AS TO FARM:
GEORGE H. EISER, III -CITY ATTORNEY