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Home My WebLink About2010 CON Moynahan Towing - Amendment #3 TowingTHIRD AMENDMENT TO THE AGREEMENT FOR TOWING AND IMPOUND SERVICES BY AND BETWEEN THE CITY OF NATIONAL CITY AND MOYNAHAN TOWING This Third Amendment to the Agreement for Towing and Impound Services By and Between the City of National City and Moynahan Towing is entered into this 7th day of September, 2010. RECITALS WHEREAS, The City of National City ("City") and Moynahan Towing ("Moynahan") entered into an Agreement for towing and impound services on or about March 21, 2006; WHEREAS, the City and Moynahan entered into an Amendment to that Agreement on or about May 15, 2007, which amended the original Agreement by providing for two -week rotations, thus changing the towing schedule. Moynahan was assigned the on -call rotation for city tows from the 1st of each month through the 15th of each month ("First Rotation"). This May 15, 2007 Amendment will be referred to as the First Amendment; WHEREAS, thereafter, on or about March 17, 2009, the City and Moynahan entered into an Amendment to extend the duration of the Agreement to September 30, 2011. This March 17, 2009 Amendment is referred to as the Second Amendment; WHEREAS, in addition to the Agreement with Moynahan, the City had entered into a towing and impound services contract with another towing operator for the same durations, under the same terms, and the same amendments. That other tow operator handled the on -call rotation for city tows from the 16th of each month to the end of the month ("Second Rotation"). The contract relationship with the other tow operator recently ceased; WHEREAS, the City previously received referral fees from both tow operators to collectively offset the total actual and reasonable costs incurred to process and administer towing services; and, WHEREAS, the City desires to have Moynahan handle the obligations and responsibilities the other tow operator previously handled on the Second Rotation, including payment of any and all fees due to City previously paid by the other tow operator for the Second Rotation. NOW, THEREFORE, in consideration of the mutual benefit to the parties, City and Moynahan agree to amend the sections of the Agreement as follows: 1. Section 5.1 is amended by adding the following paragraph: Third Amendment Moynahan Towing Dn no 1 ..4''i Moynahan has assumed the towing and impound services for the on -call rotation beginning the 16t of each day through to the last day of each month ("Second Rotation"), and shall continue through September 30, 2011. 2. Section 7.5 is amended by adding the following paragraph: 7.5.1 Referral Fees for Additional Rotations. Contractor shall begin paying the Referral Fee previously paid by the other tow operator assigned to the Second Rotation, to wit: $5,565.00, as of the effective date of this Third Amendment. For the duration of the Agreement, Contractor shall pay a total Referral Fee of $ 11,130.00 per quarter. 3. Section 2.14 is amended by replacing the paragraph with the following: 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 as the Contractor may deem necessary for the proper and efficient performance of this Agreement. Contractor has represented it has sufficient staffing to perform pursuant to this Agreement, and Contractor agrees it shall not subcontract any work pursuant to this Agreement without prior written consent of the City. 4. Except as otherwise provided herein, all of the provisions of the Agreement, the First Amendment, and the Second Amendment, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: MOYNAHAN TOWING By: on Morrison, Mayor Tom Moynahaij, Owner PPROVED AS TO FORM: '14 16\ A l audia G. •. City Attorn: Third Amendment Moynahan Towing RESOLUTION NO. 2010 — 207 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO AGREEMENT WITH MOYNAHAN TOWING SERVICES FOR ADDITIONAL TOWING AND IMPOUND SERVICES WITHIN NATIONAL CITY WHEREAS, on March 21, 2006, the City Council adopted Resolution No. 2006- 57, entering into an agreement with Moynahan Towing to provide towing and impound services for the Police Department; and WHEREAS, the First Amendment to Agreement was executed on May 15, 2007, to amend Section 5.1 of the Agreement in order to establish a two -week rotation schedule between Moynahan Towing, who was assigned the on -call rotation from the 1st through the 15th of each month ("First Rotation"), and the other tow operator providing services at that time, who was assigned the on -call rotation from the 16th to the end of each month ("Second Rotation"); and WHEREAS, the Second Amendment to Agreement on March 17, 2009, extended the duration of the Agreement to September 30, 2011; and WHEREAS, because the contract relationship with the other tow operator has ceased, the City desires to have Moynahan Towing handle the obligations and responsibilities originally assigned to the other tow operator on the Second Rotation, including payment of any and all fees due to the City, which were previously paid by the other tow operator for the Second Rotation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Third Amendment to Agreement with Moynahan Towing for additional towing and impound services within National City. Said Third Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of Septen ef, 2010. ATTEST: Michael R. Dalla, C y Clerk PPROVED S TO FORM: Roni Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on September 7, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City C erk 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. 2010-207 of the City of National City, California, passed and adopted by the Council of said City on September 7, 2010. City Clerk of the City of National City, California By: Deputy ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT September 7, 2010 AGENDA ITEM NO. 18 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Third Amendment to Agreement with Moynahan Towing Services for additional towing and impound services within National City PREPARED BY: Claudia G. Silva PHONE: Ext 4222 EXPLANATION: APPROVED BY: DEPARTMENT: C. Attor ey r�. The City previously had contracts with two tow and impound providers. Currently, the City has one tow operator (Moynahan Towing) under contract. The former other tow operator performed services for the on -call rotation beginning the 16th through the last day of each month (second rotation). This amendment provides that Moynahan Towing, the tow operator already under contract for tows from the 1st through the 15th of the month (first rotation), will perform the towing services for the second rotation, pay the referral fee associated with this second rotation, and agree to not subcontract any of the work under the agreement. The additional referral fee is $5,565 per quarter. The amendment shall continue the duration of the agreement, September 30, 2011. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A 'TACHMENTS: Resolution a� c�vz�oN No. (A \ -ao'1 - - CALIFORNI,/t. NATI INCORPORATED September 13, 2010 Mr. Tom Moynahan Moynahan Towing 3200 National City Blvd. National City, CA 91950 OFFICE OF THE CITY CLERK Tr1243 National City Blvd. J! National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax Dear Minahan, On September 7t", 2010, Resolution No. 2010-207 was passed and adopted by the City Council of the City of National City, authorizing execution of a Third Amendment to an Agreement with Moynahan Towing. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Amendment. Michael R. Dalla, CMC City Clerk Enclosures cc: Police Dept.