Loading...
HomeMy WebLinkAboutCC Resolution 9160 (Terra Linda Tow Service)RESOLUTION NO. 9160 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT 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 contract, lease or agreement with Terra Linda Tow Service to tow abandoned vehicles through June 30, 1995, 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 20th day of June , 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ?&411 \ JEANNE M. LEONCINI, City Clerk AGREEMENT This agreement is made and entered into this 20th day of June , 1994 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: 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 provide towing services from 0800 through 1700 hours Tuesday through Friday of each week, excluding holidays. 3. 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. 4. 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. 5. 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. 6. 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. 7. Contractor shall provide for release of towed abandoned vehicles to the proper owner or owner's agent pursuant to Police Department requirements. 8. 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 9. Contractor shall maintain all towing vehicles in operating condition as required by the California Vehicle Code. 10. 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. 11. Contractor shall not receive any payment from the City of San Rafael for towing any vehicle pursuant to this contract. 12. Contractor may be required to share the abandoned vehicle towing duties for San Rafael with other contractors. The abandoned vehicles will be distributed equitably between all abandoned vehicle contractors. The Police Department shall establish the method for this equitable distribution. 13. This contract period shall begin on , and shall run for one year, through June 30. This contract will be renewed on July 1, of each year. 14. 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. 15. 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. 16. The insurance policy shall not be canceled or materially changed without first giving thirty days prior written notice to the City, 17. 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. 18. Pursuant f 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. 19. 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. 2 20. 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. ATTEST: CITY OF SAN RAFAEL Q�`A M I J NNE M. L ONCINI City Clerk APPROVED S TO FORM: C GARY T. rlA GHIANTI City Attorney PA J. NICOLAI Cit Manager CONTRACTOR / lam/ PHIL COTTON Terra Linda Towing Z' -?.-6f Y