HomeMy WebLinkAboutCC Resolution 9896 (Tow Abandoned Vehicles)RESOLUTION NO. 9896
A RESOLUTION AUTHORIZING THE SIGNING OF A
RENEWAL OF AGREEMENT WITH TERRA LINDA TOWING
TO TOW ABANDONED VEHICLES
FROM JULY 1, 1997 THROUGH JUNE 30, 1998
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The CITY MANAGER and CITY CLERK are authorized to execute, on behalf
of the City of San Rafael, a renewal of agreement with
Terra Linda Tow Service
From July 1, 1997, through June 30, 1998, a copy of which is hereby attached and by
this reference made a part hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a
regular meeting of the City Council of said City, held on Monday, the
fourth day of August, 1997, by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
JEA � Nltl E M EONCI I, City Clerk
AGREEMENT
This agreement is made and entered into this fourth day of August, 1997, by and between the
CITY OF SAN RAFAEL, hereinafter referred to as "The City" and TERRA LINDA TOWING,
hereinafter referred to as "The Contractor".
Whereas, the City is obligated to remove vehicles that have been abandoned and/or
parked for storage in excess of seventy-two hours from public streets, under the
authority of the California Vehicle Code and the City Municipal Code, and;
Whereas, the City is authorized to contract with a private company for said removal
services.
Therefore, in consideration of the mutual covenants and agreements contained herein,
the parties hereby agree as follows:
SERVICES TO BE PROVIDED BY THE CONTRACTOR:
Contractor shall provide for the removal from public streets, by towing, of abandoned
vehicles and vehicles parked on public streets in excess of seventy-two hours, as defined
by the California Vehicle Code and/or the City Municipal Code.
2. Contractor shall be compensated at the rate of $25.00 per towed vehicle. Contractor will be
allowed to charge a hook-up fee, as defined by the Law Enforcement Fee Schedule and
approved by the City each year.
3. Contractor shall provide towing services from 0800 through 1700 hours Monday through Friday
of each week, excluding holidays.
4. Contractor may be required to tow up to sixty (60) vehicles per month at the direction of the
Police Department during the term of this contract. Contractor will not be required to tow more
that six vehicles per day. Contractor shall be notified of a towing request one day prior to the day
of request.
5. Contractor shall tow all classes of vehicles, including motorcycles, vehicles over one -ton rating,
and trailers, that the Department is authorized to tow pursuant to the California Vehicle Code and
the City Municipal Code.
6. Contractor shall provide for secure storage of all vehicles towed pursuant to this contract. The
storage facility shall be close enough to San Rafael to allow for release of the vehicle to the
owner or owner's agent within one (1) hour of request. The release must be made within the
sphere of influence of The City of San Rafael.
7. Contractor shall be responsible for completing and processing all necessary paper work relating
to disposal of towed abandoned vehicles, pursuant to the California Vehicle Code and the City
Municipal Code.
8. Contractor shall provide for release of towed abandoned vehicles to the proper owner or owner's
agent pursuant to Police Department requirements.
9. Contractor shall maintain a log book into which shall be recorded the following information:
1) vehicle description, 2) date and time of tow, 3) location from which the vehicle was towed,
4) a list of property removed for safekeeping, 5) name of the person to which the vehicle was
released or name of purchaser if the vehicle was sold for lien, 6) date and time of release, and
7) total fees charged. This log book shall be made available to the Police Department for
inspection at any time.
COPY
10. Contractor shall mai i all towing vehicles in operating conditiL s required by the
California Vehicle Coae.
11. Contractor shall charge towing fees only pursuant to the City Council authorized rotation towing
fee schedule and shall provide an owner or owner's agent with an itemized receipt for towing
service upon release of the vehicle.
TERMS OF AGREEMENT
12. This contract period shall begin on July 1, 1997, and shall run for one year, through June 30,
1998. This contract will be renewed on July 1, of each year.
INDEMNIFICATION
13. The Contractor shall indemnify, hold harmless and defend the City, its agents and employees
from any and all liability actions, claims, damages, costs, or expenses which may be asserted by
any person or entity, including the Contractor, arising out of, or in connection with, the willful act
or negligence of the Contractor.
INSURANCE
14. With respect to performance of work under this agreement, the Contractor shall maintain
liability insurance in the minimum amount of $1,000,000. The insurance will include coverage
that will cover, but not be limited to, premise, operations, independent contractor, contractual,
automobile, and personal injury liability. The City, its officers, and employees shall be named as
co-insured on the Contractor's policy.
15. The insurance policy shall not be canceled or materially changed without first giving thirty days
prior written notice to the City.
16. Properly executed Certificates of Insurance clearly evidencing all coverages, limits, and
endorsements shall be submitted to the City by the Contractor upon request of the City.
STATUS OF THE CONTRACTOR
17. Pursuant to the services required in this contract, the Contractor shall act as an independent
contractor and shall not be considered an agent or employee of the City.
ARBITRATION
18. The parties agree to submit any claims arising under this agreement to binding arbitration
pursuant to the current provisions of the California Code of Civil Procedure and any successor
statutes.
TERMINATION
19. This agreement may be canceled without cause by either party upon ninety days written notice.
The parties hereto have entered into this agreement the day and year first written above.
K
ATTEST:
*.N.,E-
AA-
M. LEONCINI
City Clerk
APPROVED
`GARY T.;;;Gl
City Attorney
CITY OF SAN RAFAEL
ROD GOULD
City Manager
CONTRACTOR
Azr
PHIL COTTON
Terra Linda Towing