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HomeMy WebLinkAbout4595 RESOLUTION NO. 4595 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REPEALING RESOLUTION NO. 2994 AND DESIGNATING G & S TOWING SERVICE AS AN OFFICIAL GARAGE FOR TOWING AND STORAGE OF VEHICLES REMOVED AT THE REQUEST OF THE ARCADIA POLICE DEPARTMENT FROM PUBLIC STREETS AND HIGHWAYS UNDER PROVISIONS OF THE VEHICLE CODE OF THE, STATE OF CALIFORNIA AND APPROVING AND AUTHORIZING THE CI~Y MANAGER TO EXECUTE AN AGREEMENT PERTAINING THERETO WHEREAS, authority for the, towing and removal of certain vehicles from upon publ~c streets, and highways by members of the Police Department is contained in the Vehicle Code of the State of CalifornIa; and, WHEREAS, the City of' Arcadia does not own, operate or main- tain a police garage or other facilities for said removal, towing and storage; and, WHEREAS, the public interest is best served where removal, towing and storage facilities are furnished by one centrally located garage; and WHEREAS, She Ivy L.Day, dba G & S Towing Service has or will have the facilities and equipment adequate to carry out such service; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES RESOLVE AS FOLLOWS: SECTION I. That City Council Resolution No. 2994, adopted March 18, 1958 designating Guy's Friendly Service as the official -1- 4595 garage, is he!eby repealed on the effective date of the contract attached hereto as Exhibit "A", and any regulations promulgated by the Chief of Police thereunder are hereby repealed effective on the same aforedescribed date. SECTION 2. Shelvy L. Day,dba G & S Towing Service, 625 West Las Tunas Drive, Arcadia', California, is hereby designa- ted as the official garage effective on the date specified in Section I herein for the purpose ,of towing and storage of vehicles when requested so to do by any member of the 'Police Department of the City of Arcadia. SECTION 3. That the Official Police Garage Storage and Tow Service Contract between the City of Arcadia qnd, Shelvy L. Day, dba , , G & S Towing 'Service, attached hereto as Exhibit "A", is hereby approved and the City Manager is hereby authorized to execute the same. SECTION 4. The City Clerk shall certify to the adoption of this resolution. I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Arcadia held on the 7th day of December, 1976, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Gilb, Margett, Parry, Saelid and Lauber NOES: None ABSENT: None ~?i~ ~ty C er of ~e City of A~cadia 4595 -2- SIGNED AND APPROVED this ATTEST: &~~~~ C~ty Clerk (SEAL) 7th day of December , 1976. ~~~'J:~~~ Mayor 0 the C1ty of Arcad~a -3- 4595 OFFICIAL POLICE GARAGE STORAGE AND TOW SERVICE CONTRACT FOR FULL AND ADEQUATE CONSIDERATION, THIS CONTRACT is made and executed this day of , 197 , by and between The City of Arcadia, California, a Municipal Corporation, referred to herein as "City" and Shelvy L. Day, doing business as G & S Towing Service, referred to herein as ",Garage"; WITNESSETH; That City and Garage do mutually agree as follows: I., That the Official Police Garage Storage and Tow Service Specifications as modified through negotiation between City and Garage, attached hereto as Exhioit I, are by this reference incorporated into this contract and made a part hereof as though fully set forth herein. 2. That all costs required to be incurred by performance of the terms of this contract shall be paid by Garage unless it is expressly provided that the City shall pay such cost. 3. If Garage leases property known as 135-141 Wheeler Avenue, Arcadia, California, owned by the Arcadia Redevelopment Agency, for the outside storage area required by this contract on such terms and conditions to be agreed upon, and Garage agrees and recognizes that a Conditional Use Permit must be applied for and approved for the parcel and agrees to pay for improvements to said property as required by the terms and conditions of 4595 EXHIBIT "A" -1- said permit and all laws applicable thereto. If the improvements required by this contract, the terms and conditions of afore- described Conditional Use Permit, and any laws applicable thereto are not installed and paid for by Garage within a time period specified in writing by City's Director of Public Works, Chief of Bolice and Planning Director, this contract, at the option of the City Manager, may be deemed null a~~ void notwithstanding any other provision of , this contract to the contrary. 4. Compensation In'surance. Garage shall take out and maintain, during the life of this contract, worker's, compensation insurance for all his employees, and if any ~ork i~ sublet, Garage shall require ,subcontractor similarly to provide worker's compensation il')surance, for, all of, the latter's employees, unless such employees I ' . . , are covered by the protection afforded by Garage. If any class of employees engaged in work under this contract is not protected under any worker's compensation law, Garage shall pro- vide, and shall cause each subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. Garage ind~mnifies City for any damage resulting to it from failure of either Garage or any subcontractor, if any, to take out or maintain such insurance. 5. This contract shall not be effective until fully executed by City, which execution may take place at any time up to and in- ,cluding March I, 1977 which date may be extended to June I, 1977 by City Council. 4595 -2- IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF ARCADIA By City Manager GARAGE By Shelvy L. Day, dba G & S TOWING SERVICE ATTEST: Ci ty Clerk Approved as to form: city Attorney -3- 4595 CITY OF ARCADIA OFFICIAL POLICE GARAGE STORAGE AND TOW'SERVICE SPECIFICATIONS Operation of the Official Police Garage, herinafter referred to as the "Garage," shall be, in accordance with the following specifications: ARTICLE I - CONDUCT. A. The Garage., its employees and agents shall comply with all applicable California Vehicle Code sections and any and all other laws affecting the operation of towing and storage of vehic les., B. The Garage, its employees and agents shall extend to the general public and members of the Police Department, courtesy and cooperation at all times. ARTICLE II - MINIMUM FACILITIES REQUIREMENTS. A. Outside Storage Area: The size and the location of the tow service outside storage area will require the prior approval of the Arcadia City Council. The storage area shall be enclosed with a security fence no lower than ,6 feet as measured from the surrounding terrain and shall have barbed wire above the security fence in a manner approved by the Chief of Police or his authorized representative. All gates shall be of like height and design and shall be equipped with an adequate locking mechanism and secured at all times.' The outside storage area shall be adequately illuminated during the hours of darkneas. Garage must obtain prior approval of all such illumination from the Arcadia Planning Director. B. Inside Storage Area: A minimum inside storage area of 400 square feet shall be available to. Garage at all times. The location of and the facilities for the inside storage area will require the prior- approval of the Arcadia City Council. The required inside storage area must be roofed and so constructed so as to restrict access to the vehicle to, only authorized persons and be equipped with adequate lighting and secured by approved lock at all times. Only those persons owning the Garage, employed by the 4595 Garage or authorized hy the Arcadia Chief o~ Police or his authorized representatives shall be al16wed into the inside st.orage area. C. Businesi Identification: The business name shall be prominently displayed in a location where it shall he clei:lrly visible from the street at all times includi.ng the hours of darkness. 'I'he signing shall comply with the provisions of the Arcadia Municipal Cocle and re'1uire the prior approval of the Arcadia Chief oE Police or his i:luthori7.cd representatives and, the Arcadia Planning Director. D. Inspection: The premises, equipment and necess~ry records of the Garage shall be open to inspection by the Chief of Police oi his authorized representatives at all times; The Garage shall at, all times have posted the following in a clear and conspicuous place upon these premises: I. Arcadia business license. 2. A copy of allowed charges and rates. 3. The hours of operation. 4. The 24-hour phone number for the Garage. ARTICLE III - EQUIPMENT. A. The Garage shall have a minimum of two tow trucks available for service a t all times. The trucks' shall be, capable of removing any vehicle having a gross weight of 6,000 lbs. or less and shall be equipped with the proper equipment as specified by the California Vehicle Code at all times and shall be kept clean and in good repai.r. The Office of the Garage and each tow unit shall have the capability of two-way radio communication and may monitor the Arcadii:l prirnilry police frequ~ncy. 4595 -2- ARTICLE IV - HANDLING AND PRO'J'ECTION Of' V!':IIICI,ES. A. All vehicle!; plncl'cl in thf! car.e iIl1cl cnstody of th(~ (;,1r"qe shall be safeguarded within the confines of th~ storage facility and not upon the public streets, sidewalks or public property. B. No locked vehic]~ shall be entered by G~raqe owners, its employees and agents except on orders of a member of the Arcadia Police Department. C. Vehicles reqniring special handling shall be stored in the' inside storage area. This protection shall be,maintained ~ntil removal is approved by the Chief of Police or his authorized representatives. D. Whenever'thi Garage removes a vehicle from private property without the knowledge or consent of the vehicle owner, the Garage shall do the following: l. Cause a written inventory to be made describing the con'di tion of the vehicle incl ur.1ing a l.l visible damage. If the vehicle has been entered by Garnqc employees or agents of the Garage, the inventory shall include a complete listing of all property contained therein. A copy of this inventory shall be made avai'lable to the vehicle owner upon his request. 2. Be responsible for safeguarding all articles left in vehicles under their care and control. 3. Notify the Arcadia Police Department within one hour a fter' taking possession of the vehi clp ,;, f the vehic Ie was riot removed at the department's r(~qucst. 4. Furnish 'the owner of such vehicle'with the name and address of the person, company or corporati.on causing the removnl in order,thilt the owner may have lcqal recourse un'der California Vehicle Code Section 22658 (b). -)- 4595 E. Onlls for service by the Arcadia Police Department shall be given priority over other users and tow trucks shall respond without unnecessary delay at all houra of the day or night. ARTICLE V - RELEASE OR DISPOSAL OF VEHICLES. A. Every vehicle in storage shall be available for release at all hours seven days a week. During the hours from 10 p.m. unit1 6 a.m. an additional charge of $5.00 may be added to any other fee due for such release. This charge may also' be applied from 10 p.m. Saturday until 8 a.m. Monday and on all legal holidays. The Garage shall pay to the City of Arcadia each month the City's administrative cost of $5.00 per vehicle on any vehicle kept over 72 hours. B. The Garage facility shall be open to the public during the hours of 8 a.m. until 5 p.m. daily including Sunday, and during which hours Garage shall have an attendant on duty at all times (until 7 p.m. auring, race meet.) No vehicle which has been stored shall be released unless the person desiring to remove the vehicle presents proper identification and proof of ownership or interest in the vehicle. No vehicle' impounded, or stored by the Arcadia Police Department shall be released without an official department release signed by a member of the Arcadia Police Department. C. No vehicle shall be removed from the storage facility except under the following circumstances: 1. The vehicle has been released to the vehicle owner or his agent or other person authorized to take possession. 2. The release has been authorized by a member of the Arcadia Police Department. 3. All requirements of the California Vehicle Code have been complied with. 4595 -4- ARTICLE VI - HAXIMur~ ALLOW\13LE RATES AND CIIl\HGES.' (l\pplicable to ser~ices requested by the City of Arcadia only) A. Rates and charges shall not exceed the following but may be less: Impound of Vehicle Collision Tow Service Dolly Vehi9.1.c Motorcycle Collision - Tow or Impound $ 18.50 20.50 5.00 20.50 The Arcadia City Council will consider rate changes commencing with . '. . its first regular meeting during the mont~ of January 1978 and the first regular meeting during each January thereafter. Any rate change requests by the Garage shall be filed in writing with the Arcadia City Clerk prior to the first day of the ,January during which Garage desires the City Council to consider the rate change request. All rate changes must be made by City Council resolution. B. Storage fees shall not exceed the'followinq but may be less: Automobiles and light trucks Trucks over 2 tons Semi-truck and trailer Motorcycles $3.00 per day or part of a day 5.01) " 6.50 " 2.00 " The word "day" as used in this sub-pilraqraph 13 shall mean the whole or any part of a period of 24 hours from midnight to midnight. No ,storage fee may be charged during the first day of storage. ARTICLE VII - RECORDS l\ND, R1,POR'l'S. A. The Garilge shall milintain iln up to date HIe of all, forms received from I:he l\rcilclia Police J)c'p,ll:-tm'mt and all other records required by law or required by the Chief of Police including but not limited to the following: 4595 -5- l. ~ record,of all calls for service by the Arcadia Pol ide Department including the following: a. Date and time of call' and time completed. b. LocntiOn of call. c. License number and complete description of vehicles. d. Date and method of release or disposal and to whom re- ,leased. e. ~n itemization of all charges against the vehicle involved. B. The Garage shall advise the Arcadia Police Department in writing' of all vehicles stored or 'im['ounded by the department and not released after 30 days and shall comply with California I' Vehicle Code Sectionsl0650 through 10652.5. The Garage shall submit a monthly report on or before the lOth day of ~ach month, including nil, information required under A, ,!IRTICI,E VII, to the lIrcadia Police Department. C. The contract will not be assignable wi thout tl}('; express consent of the lIrcadia City Council. Garage shall first obtain the pri6r express consent from Ute Arcadia City Council for any change of ownership interest in Garage, change of Garage business name, Garage address or,Garage telephone number, ARTICLE VIII - LIABILITY INSURANCE. A. The Garage shall maintain, during the life of the contract, the following public linbil.! ty nnd proper ty d,1mn'lC .i nsnrance {n which thc city of lIr.catliil, its officeI'!; illld 'cm"JoYl"~S, shnll he named as n'n additional insured, and shnll protect the Garage or any subcontractors performinq work covered by \:he contract, nnd also the City, of lIn"tdiit, from claims or personal injury, including'accidental death, as well as from claims for property damages which may arise from all operations 4595 -(;- ! of the GaraCJr),' wl10.thcr sl1ch opera t.i ons shnl.l, he, per formed 'by thc Garage or its subcontractors. or by anyone directly or indirectly employed by nny of them, and the limit of liability for sllch insurance shall be as follows: 1. Limit of Li<lbil:tty for Injury or lIccidcntal ()c<lth: Each Occurrence or Accident. . . . .. $1,000,000.00 2. Limit of Liabi li.ty EOJ: Property Each Occurrence ot Accident . . Damage: $ 300,000.00 The policy of insurance shall contain the following clauses: " I I. The naming of an <ldditional insured as herein provided shall not nfEeet nny recov('ry 1:0 whieh ';1I(,h "r.lrl.ltionnl insurbrl wOl1ld b(~ entitlC!d under this policy if not named as such addi.tional insured, and The additional insured named herein shall not be held 2. I I liable for any premium or expense of any nature on this policy or any extension t1wreof, iJnd 3. The addi tiona1 insured namer] herein sha 11 not by reason of being so named be considered a member of any mutual insurance company for any purpose 'whatsoever, and 4. Th~ provisions of the policy will not be changed, suspended, cancelled or otherwise terminated as to the interest of the additional insured named herein without first <Jiving such additional insured twenty (20) days written' notice. Nothing herein contained shall be construed as limiting in any way the extent to which the Garage may be held responsible for payment of damages to persons or property re~ultinCJ from its operations or the operations of anyon(' acting in its behalf . 4595 -7- Said policy wi.th cov8rLlge in an amount upproved by the Arcadia City Attorney shall indemnify uny person or organization who S1.1 ffers clamaqes uS 0 result'. of pi. cki 11<1' liP. towi,nq, pushing, or removal or storage of a ve~icle ogainst Llny damag~ to the vehicle, or theft of any part of the vehicle or from the contents thereof, upon such person or orqanizLltion obtaining a final j~dgment ~overing such loss or,damage. The r.araCJe sh,,1.1. fllnlish the C.ity of J\rc""l.i" with sot,i,sfactory proof of carrying the insUl:",nce required by submitting certificates, policies of insurance and endorsements to the City Attorney of the City of Arcadia for his approval at the time the contract is executed. Garage shall submit with its proposal written assurance from its insurance agent or company that the insurance requirements of this paragrnph will,be complied with. B. The Garage shall indemnify, defend, and save harmless the City of Arcadia, the City Council, its officers, agents ande~ployees from any sui ts, ,claims, or ac tions br'ough t by any person or persons for or on account of any injuries or damages sustained or arising out 6f any act or omission unclcr this towing contract or in consequence thereof. Each employee of the Garage shall be bonded at all times in the amount of $5,000 and proof of such bond filed with and mp('1 ' with the written approval of the Arcadia City Attorney as to form and content. ARTICLE IX - TEI~ OF CONTRACT. A. The contract shall terminate five yc,nrs from 'the dny of its' execution by the City except the City mny terminate this contract at any time during its term hereof by sending 30 days written notice to Garage'at the address specified by said Garage in its proposal. 4595 -0-