HomeMy WebLinkAboutCC Resolution 7670 (Abandoned Vehicles)RESOLUTION NO. 7670
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
Marin Auto Crafts, Inc., dba Marin Auto Body (1 Year Agreement -
From January 1, 1988 through December 31, 1988)
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 intro-
duced and adopted at a Regular meeting of the City Council of said
City held on Tuesday the 19th day of January ,
19 88, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
J M. LEONCINI, City Clerk
AGREEMENT
This agreement is made and entered into this 19th day of
January 1988, by and between the CITY OF SAN RAFAEL, hereinafter
referred to as "City," and MARIN AUTO CRAFTS, INC., dba MARIN AUTO BODY,
hereinafter referred to as "Marin Auto Body".
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 towinq services.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties hereby agree as follows:
1. The City hereby contracts with Marin Auto Body to 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. The contract period shall begin January 1, 1988, and shall run no
longer than December 31, 1988.
3. Marin Auto Body shall tow a minimum of 100 vehicles during the
first month of this contract and then tow a minimum of 60 vehicles per
month for the life of the contract from the public streets under the
direction of the Police Department.
4. Marin Auto Body shall provide storaqe 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.
5. Marin Auto Body shall process the paper work, as required by the
Department of Motor Vehicles, for the disposal of each vehicle in their
possession.
6. In consideration of Marin Auto Body performing said enumerated
services, the City shall pay Marin Auto Body $2.50 per towed vehicle.
7. The City will provide Marin Auto Body with a list of vehicles and
their locations one day prior to their scheduled removal.
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E. Marin Auto Body understands that they 'gill forfeit any compensa-
tion fee for each month that they do not tow 60 vehicles whenever it is
directed to tow such vehicles by the San Rafael Police Department.
9. Hold Harmless: Marin Auto Body agrees to hold harmless, indemnify
and. defend City, its officers, agents, and employees from any and all
claims, loss, liability and damages arising from Marin Auto Body's, its
agents', employees' and officers' negligent or intentional acts or
omissions arising as a result of Marin Auto Body's performance of its
duties and responsibilities under this agreement.
10. Arbitration: Parties agree to summit 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.
11. This agreement may be cancelled by either nar y upon 90 days
written notice.
IN WITNESS WHEREOF, tho parties hereto have entered into this
Agreement the day and year first above written..
ATTEST: !1/ CITY OF SAN RAFAEL
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(),/EAlQNE M. LEON0111I LAWRENCE E. MULRYAN y ^
City Clerk Mayor
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DON ROEMER
Marin Auto Bodv
APPROVED AS TO FOR?d:
MARY Clrt,' �/ ; J,
Ass.istah.t- ity Attorney
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