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Home My WebLink AboutCC Resolution 7874 (Abandoned Vehicles)RESOLUTION NO. 7874 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with LAKEVILLE CRUSH, INC., DBA CALIFORNIA CRUSH FOR REMOVAL OF ABANDONED VEHICLES FROM PUBLIC STREETS(1 YEAR AGREEMENT FROM JANUARY 1, 1989 THROUGH DECEMBER 31. 1989), (FORMERLY MARIN AUTO BODY) a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE A.I. LEONCINI , Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a REGULAR meeting of the City Council of said City held on MONDAY the 5TH clay of DECEMBER , 19 88 , by the following vote, to wit: AYES: COUNCILMEAMERS : Boro, Breiner, Frugol i , Thayer & Mayor Mul ryan NOES: COUNCILMEAMERS : None ABSENT: COUNCILMEMBERS : None a J -NNE NI. LEONCINI, City Clerk 1�6��'j A� 787 This agreement is made and entered into this 5th day of DECEMBER , 1988, by and between the CITY OF SAN RAFAEL, herein- after referred to as "CITY", and LAI(EVILLE CRUSH, INC., DBA CALIFORNIA CRUSH, hereinafter referred to as "CONTRACTOR." WITNESSETH WHEREAS, the CITY is obligated to remove from the public streets, under the authority of the California Vehicle Code and the City Municipal Code, vehicles that have been abandoned and/or parked for storage in excess of 72 hours and; WHEREAS, the CITY, to provide said program, is authorized to contract with a private company for said towing services. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree as follows: A. SERVICES TO BE PROVIDED BY CONTRACTOR 1. CONTRACTOR shall provide for the removal and towing from the public streets of abandoned vehicles and vehicles using the streets for storage under the authority of the California Vehicle Code and City Municipal Code. 2. CONTRACTOR shall tow a minimum of 60 vehicles per month during the term of the contract from the public streets under the direction of the Police Department. 3. CONTRACTOR shall provide storage for the towed vehicles as required by the California Vehicle Code and shall provide for the release of towed vehicles to their owners as so required. 4. CONTRACTOR shall process the paper work, as required by the Department of Motor Vehicles, for the disposal of each vehicle in their possession. B. SERVICES TO BE PROVIDED BY CITY The CITY shall provide CONTRACTOR with a list of vehicles and their locations one day prior to their scheduled removal. C. PAYMENT In consideration of CONTRACTOR performing said enumerated services, the CITY shall pay CONTRACTOR $2.50 per towed vehicle. -1- CCPN1J' D. TERM OF AGREEMErT The contract period shall begin January 1, 1989 and shall run no longer than 31, 1989. E. FORFEITURE CONTRACTOR understands that it will forfeit any compensation fee for each month that it does not tow 60 vehicles whenever it is directed to tow such vehicles by the San Rafael Police Department. F. INDEMNIFICATION CONTRACTOR shall indemnify, hold harmless and defend CITY, its agents and employees from any and all liability actions, claims, damages, costs or expenses including attorneys fees, costs and expenses of suit which may be asserted by any person or entity, including CONTRA'TOR, arising out of or in connection with the willful act or negligence of CONT'RACT'OR hereunder. G. INSURANCE With respect to performance of work under this agreement, CONTRACTOR shall maintain and shall require all its sub -contractors to maintain insurance as described below: 1. General Liability Insurance Commercial or Comprehensive General Liability insurance covering bodily injury and property damage utilizing an occurrence policy form, in an amount no less than $600,000 combined single limit for each occurrence. Said insurance shall include, but not be limited to: premises and operations liability, independent contractors liability, products and completed operations liability, contractual liability, and personal injury liability. 2. Automobile Liability Insurance Insurance covering bodily injury and property damage in an amount no less than $600,000 combined single limit for each occurrence. Said insurance shall include coverage for owned, hired and non -owned vehicles. 3. Endorsements Each said comprehensive or commercial general liability and automobile liability insurance policy shall be endorsed with the following specific language: -2- a. The CITY r-• SAN RAFAEL, its officers and -)loyees, is named as additional insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement. b. The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one insured shall not operate to increase the limits of the company's liability. c. The insurance provided herein is primary coverage to the CITY OF SAN RAFAEL with respect to any insurance or self-insurance programs maintained by CITY, and no insurance held or owned by CITY shall be called upon to contribute to a loss. d. This policy shall not be cancelled or materially changed without first giving thirty (30) days prior written notice to the CITY OF SAN RAFAEL. 4. The following documentation shall be submitted to the CITY OF SAN RAFAE1,: a. Properly executed Certificates of Insurance clearly evidencing all coverages, limits and endorsements required above. Said Certificates shall be submitted prior to the execution of this Agreement. b. Signed copies of the specified endorsements for each policy. Said endorsement copies shall be submitted within thirty (30) days of execution of Agreement. c. Upon CITY'S written request, certified copies of insurance policies. Said policy copies shall be submitted within thirty (30) days of CITY'S request. H. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILIS, AND MAKING PAYMENTS All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: CITY: City of San Rafael 1400 Fifth Avenue P. 0. Box 60 San Rafael, CA 94915-0060 Attention: Police Department -3- CONTRACTOR: I. STATUS OF CONTRACTOR California Crush 385 Miller Avenue Mill Valley, CA 94941 Attention: Paula Roemer The parties intend that CONTRACTOR, in performing the set -vices hereinafter specified, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. CONTRACTOR is not to be considered an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits CITY provides its employees. J. ASSIGNMENT Except as otherwise provided in this agreement, neither party hereto shall assign, sublet or transfer any interest in this agreement or duty hereunder without written consent of the other, and no assignment shall be of any force or.effect whatsoever unless and until the other party shall have so consented. K. ARBITRATION 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. L. TERMINATION This agreement may be cancelled without cause by either party upon 90 days written notice. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first above written. .ATTEST: J' A1�INE M. LEO`,,V I NI City Clerk J�XES G. FLAGEOLLET v Assistant City Attorney -4- CITY OF SAN RAFAEL LAWRENCE E. MULRYAN Mayor LAKEVILLE CRUSH, INC. DBA CALIFORNInCSH J i By DON RO R