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HomeMy WebLinkAbout2009 CON Moynahan Towing / JC Towing - Contracts ExtensionAMENDMENT TO THE AGREEMENT FOR TOWING AND IMPOUND SERVICES BY AND BETWEEN THE CITY OF NATIONAL CITY AND MOYNAHAN TOWING BY AMENDING SECTION 3.0 OF SAID AGREEMENT TO EXTEND THE TERM THEREOF FOR FOUR SIX MONTH PERIODS, FROM APRIL 1, 2009 TO SEPTEMBER 30, 2011 This Amendment to Agreement for towing and impound services is entered into on March 17, 2009, by and between the City of National City (the "City") and Moynahan Towing (the "Contractor") RECITALS A. The City and the Contractor entered into an Agreement (the "Agreement") or about March 21, 2006 providing that the Contractor would provide towing and impound services from April 1, 2006 through March 31, 2009. B. Pursuant to Section 3.0 of the Agreement, Term of Agreement, Options and Re -Openers, the parties may agree to extend the term of the Agreement for four six-month periods commencing on April 1, 2009, and terminating on September 30, 2011. C. The parties have agreed to extend the term of the Agreement, as described above, by amending Section 3.0 of the Agreement. NOW, THEREFORE, the parties hereto agree to amend Section 3.0 of the Agreement to read as follows: 3.0 TERM OF AGREEMENT, OPTIONS, and RE -OPENERS 3.1 Duration The duration of this Agreement shall be for four (4) successive six (6) month periods 3.2 Relevant Dates This Agreement begins at 0000 hours on April 1, 2009 and terminates at 2400 hours on September 30, 2011. 3.3 Option to Renew (Intentionally left blank). 3.4 Re -Opener Clause — Referral Fee (No change in language) 3.5 Re -Opener Clause — Fee schedule (No change in language) 3.6 Re -Opener Clause — 30-Day Impound Fee (STOP) (No change in language) With the foregoing exception, each and every provision of the Agreement shall remain in full force and effect. The person signing this Amendment to Agreement on behalf of the Contractor represents that he/she has the authority to bind the Contractor as its designated representative. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement on the date and year first above written. CITY OF NATIONAL CITY By on Morrison, Mayor APPROVED AS TO FORM: 21C- George H. Eiser, III City Attorney MOYNAHAN TOWING By: 11 c Tom Moynalian, ner AMENDMENT TO THE AGREEMENT FOR TOWING AND IMPOUND SERVICES BY AND BETWEEN THE CITY OF NATIONAL CITY AND JC TOWING, INC. BY AMENDING SECTION 3.0 OF SAID AGREEMENT TO EXTEND THE TERM THEREOF FOR FOUR SIX MONTH PERIODS, FROM APRIL 1, 2009 TO SEPTEMBER 30, 2011 This Amendment to Agreement for towing and impound services is entered into on March 17, 2009, by and between the City of National City (the "City") and JC Towing, Inc. (the "Contractor") RECITALS A. The City and the Contractor entered into an Agreement (the "Agreement") or about March 21, 2006 providing that the Contractor would provide towing and impound services from April 1, 2006 through March 31, 2009. B. Pursuant to Section 3.0 of the Agreement, Term of Agreement, Options and Re -Openers, the parties may agree to extend the term of the Agreement for four six-month periods commencing on April 1, 2009, and terminating on September 30, 2011. C. The parties have agreed to extend the term of the Agreement, as described above, by amending Section 3.0 of the Agreement. NOW, THEREFORE, the parties hereto agree to amend Section 3.0 of the Agreement to read as follows: 3.0 TERM OF AGREEMENT, OPTIONS, and RE -OPENERS 3.1 Duration The duration of this Agreement shall be for four (4) successive six (6) month periods 3.2 Relevant Dates This Agreement begins at 0000 hours on April 1, 2009 and terminates at 2400 hours on September 30, 2011. 3.3 Option to Renew (Intentionally left blank). 3.4 Re -Opener Clause — Referral Fee (No change in language) 3.5 Re -Opener Clause — Fee schedule (No change in language) 3.6 Re -Opener Clause — 30-Day Impound Fee (STOP) (No change in language) With the foregoing exception, each and every provision of the Agreement shall remain in full force and effect. The person signing this Amendment to Agreement on behalf of the Contractor represents that he/she has the authority to bind the Contractor as its designated representative. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement on the date and year first above written. CITY OATIONAL CITY JC TOWING, Ili. By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Owner RESOLUTION NO. 2009 — 57 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE TOWING AND IMPOUND AGREEMENTS WITH TOM MOYNAHAN TOWING COMPANY AND WITH JC TOWING FOR TOWING AND IMPOUND SERVICES TO EXTEND THE TERM OF EACH AGREEMENT FOR FOUR SIX-MONTH PERIODS, FROM APRIL 1, 2009 TO SEPTEMBER 30, 2011 WHEREAS, on April 1, 2006, the City entered into an Agreement for Towing and Impound Services with JC Towing, and on the same date, entered into an Agreement for Towing and Impound Services with Moynahan Towing; and WHEREAS, said Agreements expire March 31, 2009; and WHEREAS, both Agreements may be renewed contingent on a mutual agreement between the City and the tow companies for six-month periods, up to four periods; and WHEREAS, the City and the towing and impound companies desire to extend the existing Agreements for four six-month periods, beginning April 1, 2009 and ending on September 30, 2011. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to the respective Agreements for Towing and Impound Services between the City, JC Towing, and Moynahan Towing, by amending Section 3.0 of said Agreements in order to extend the terms for four six- month periods, from April 1, 2009 to September 30, 2011. Said Amendments to Agreements are on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of March, 2009. ATTEST: Mic ael R. Dalla, ity Clerk APPROVED AS TO FORM: George H. E'ser, III City Attorney Ron Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on March 17, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Van Deventer, Zarate. Nays: Councilmember Sotelo-Solis. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 1 City Jerk of the ity of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-57 of the City of National City, California, passed and adopted by the Council of said City on March 17, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT `MEETING DATE March 17, 2009 AGENDA ITEM NO. 11 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SIX MONTH OPTION TO EXTEND CONTRACT WITH TOM MOYNAHAN TOWING COMPANY AND WITH JC TOWING FOR TOWING AND IMPOUND SERVICES FOR THE CITY PREPARED BY Lt. Keith Fifield (Ext. 4514) Police DEPARTMENT EXPLANATION The towing companies signed a contract with the City for tow services for the City. A Request for Proposals was issued by the City Council in November 2005. The current contract terminates on March 31, 2009. The contract may be renewed contingent on a mutual agreement between the City and the tow companies for six month periods, up to four periods. The City and the tow companies desire to renew the existing contract for one, six month period, beginning on April 1, 2009 and ending on September 30, 2009. The Police Department will be conducting an analysis of our current tow company contracts, during the next six months, to determine if another six month extension should be granted or if it would be best to enter into a competitive process for a new tow contract. The two tow companies divide the month in half to receive an equal number of service days. After the analysis is complete, it will be submitted to the City Manager's Office for review and then to the Mayor and Council for final approval. Environmental Review / N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Resolution BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Renewal Agreements A-200 (9/99) 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 April 1, 2009 Mr. Tom Moynahan Moynahan Towing 3200 National City Blvd. National City, CA 91950 Dear Mr. Moynahan, On March 17th, 2009, Resolution No. 2009-57 was passed and adopted by the City Council of the City of National City, authorizing execution of an amendment to agreement with Tom Moynahan Towing Company and JC Towing. We are enlos cinv for your records a certified copy of the above Resolution and two fully,sexecuIed original amendments. Please return one fully executed original amendment to us for our files. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures cc: Police Dept. ® Recycled Paper 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 April 1, 2009 Mr. John Clark JC Towing 2501 Faivre Street Chula Vista, CA 91911 Dear Mr. Clark, On March 17th, 2009, Resolution No. 2009-57 was passed and adopted by the City Council of the City of National City, authorizing execution of an amendment to agreement with Tom Moynahan Towing Company and JC Towing. We are gnclosinv for your records a certified copy of the above Resolution and two fullynexeculed original amendments. Please return one fully executed original amendment to us for our files. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures cc: Police Dept. ® Recycled Paper