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HomeMy WebLinkAboutCC Resolution 10310 (Abandoned Vehicles)RESOLUTION NO. 10310 A RESOLUTION AUTHORIZING THE SIGNING OF A RENEWAL OF AGREEMENT WITH RAFAEL TOWING, INC. DBA TERRA LINDA TOW TO TOW ABANDONED VEHICLES FROM SEPTEMBER 22, 1998 THROUGH JUNE 30, 1999 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 Rafael Towina. Inc., dba Terra Linda Tow From September 22, 1998 through June 30, 1999, 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 twenty-first day of September, 1998, by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: Phillips JEAM M LEON INI, City Clerk 0 \03 AGREEMENT BETWEEN CITY OF SAN RAFAEL AND RAFAEL TOWING, INC. DBA TERRA LINDA TOW FOR TOWING ABANDONED VEHICLES This Agreement is made and entered into this 22nd day of September, 1998, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and RAFAEL TOWING, INC. dba TERRA LINDA TOW (hereinafter "CONTRACTOR"). RECITALS WHEREAS, CITY is required by both State and local law to remove from City streets, vehicles which have either been abandoned or parked for more than seventy-two (72) hours, and WHEREAS, CITY has the authority to contract for these towing services, and CITY has contracted for such services in the past with CONTRACTOR, and CONTRACTOR has performed these services well; and WHEREAS, CITY desires to renew its agreement with CONTRACTOR for towing services: AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Chief of Police is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR Phil Cotton is hereby designated as the PROJECT DIRECTOR for CONTRACTOR 2. DUTIES OF CONTRACTOR- CONTRACTOR ONTRACTOR CONTRACTOR shall perform the duties and/or provide services as described in Exhibit "A", attached and incorporated herein. 3. DUTIES OF CITY. C f,.% r U ij � CTTY shall perform the duties as follows: a. Cooperate with CONTRACTOR in the performance of his duties and services under this Agreement. b. Compensate CONTRACTOR pursuant to section 4 of this Agreement. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR $45.00 per tow, to be paid at the time and in the manner agreed to by the parties. TERM OF AGREEMENT. The term of this Agreement shall be from September 22, 1998 until June 30, 1999. Upon mutual agreement of the parties, the term of this Agreement may be extended for an additional term. 6. TERMINATION. Either party may terminate this Agreement without cause upon ninety (90) days written notice mailed or personally delivered to the other party. 7. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 8. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 9. INSURANCE. A During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CTI'Y, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; B. The insurance coverage required of the CONTRACTOR by section 9. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CM and shall not call upon CITY's insurance or coverage for any contribution; 2. The insurance policies shall be endorsed for contractual liability and personal injury; 3. The insurance policies shall be specifically endorsed to include the CTI'Y, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. CONTRACTOR shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER; 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the CITY's Risk Manager. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and the Risk Manager. 10. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any and all claims, demands, suits, judgments, losses, liabilities or expenses of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR'S officers, agents and employees in the performance of their duties and obligations under this Agreement, including but not limited to CONTRACTOR's process of vehicle -towing, vehicle -storage and related paperwork. 11. NONDISCRIlVHNATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 12. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 13. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Captain Tom Boyd (Project Manager) City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 944915-1560 TO CONTRACTOR: Phil Cotton (Project Director) Rafael Towing, Inc., dba Terra Linda Tow 720 West Francisco Blvd. San Rafael, CA. 94901 15. INDEPENDENT CONTRACTOR For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 16. ENTIRE AGREEMENT — AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 17. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 18. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 19. COSTS AND ATTORNEY'S FEES. The prevailing parry in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 20. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification number is 68-032-1963 , and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 21. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL CONTRACTOR RAFAEL TOWING, INC. dba TERRA LINDA TOW B�7zY: Rod Gould, City Manager Cotton Title: President ATTEST: , ty Ck � � ( APP rty Attorney SERVICES TO BE PROVIDED BY THE CONTRACTOR: 1. 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 $45.00 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 paperwork 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 releaseri or name of nurnhaser if the vehir.lP was solei for lien 61 elate and time of release anti 7) total fees charged. This log book shall be made available to the Police Department for inspection at any time. 10. Contractor shall maintain all towing vehicles in operating condition as required by the California Vehicle Code. 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. EXHIBIT A ■r■ ■ ■ ■.mV\/■vim■�V�RAFAE-1 04/17/98 PRODUCER THIS CERTIFICATE ' ISSUED AS A MATTER OF INFORMATION R.A. Storelee Insurance Agent ONLY AND CONFI VO RIGHTS UPON THE CERTIFICATE Rob Storelee HOLDER. THIS CE. -KATE DOES NOT AMEND, EXTEND OR 321 First Street Suite 201 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Benicia CA 94510 I COMPANIES AFFORDING COVERAGE Robert A. Storelee COMPANY A Reliance Insurance Company PnoneNo. 707-745-3321 Fax No. 707-745-3709 INSURED COMPANY B COMPANY Rafael Towing, Inc. C 720 West Francisco Blvd. COMPANY San Rafael CA 94901 D 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 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 i POLICY NUMMSR i POLICY EFFECTIVE POLICY EXPIRATION I LIMITS LTR i DATE (MMIDONY) DATE (MM/DD/YY) GENERAL LIABILITY I GENERAL AGGREGATE S COMMERCIAL GENERAL LIABILITY I PRODUCTS - COMPIOP AGG S ICLAIMS MADE F] OCCUR I PERSONAL & ADV INJURY S OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE S FIRE DAMAGE (Any one fire) $ MED EXP (Arty one person) S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 A ANY AUTO SG2561942 05/13/98 05/13/99 X ALL OWNED AUTOS BODILY INJURY S (Per person) X SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY S (Per accident) NON -OWNED AUTOS _ I PROPERTY DAMAGE S GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT $ ANY AUTO i OTHER THAN AUTO ONLY: A X OTHER THAN AUTO SG2561942 05/13/98 05/13/99 EACH ACCIDENT $1,000,000 AGGREGATE $1,000,000 EXCESS LIABILITY EACH OCCURRENCE S I AGGREGATE S UMBRELLA FORM OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND I I TORY LIMITS I IOER EMPLOYERS' LIABILITY I EL EACH ACCIDENT S THE PROPRIETOR/ n INCL EL DISEASE - POLICY LIMIT $ PARTNERSIEXECUTIVE IF --{ OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $ r OTHER A GARAGEKEEPERS SG 2561942 05/13/98 05/13/99 $ 75,000/ $1000 DED $100,000/ $1000 DED ON HOOK DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS TOWING COVERAGEINCLUDESUNINSURED MOTORTIONS -CERTIFICATE ISTR$60 000 PER ACCIDENT INSURED CERTIFICATE HOLDER CANCELLATION SANRAFA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of San Rafael / 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, San Rafael P. D. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1400 5th Avenue San Rafael CA 94 901 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Robert A. Storelee 'CORD 25-S (1/95) ©ACORD CORPORATION 1988