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Home My WebLink AboutC-1826AMENDMENT NO. 1 TO AGREEMENT FOR OFFICIAL POLICE GARAGE AND TOW SERVICE BY AND BETWEEN THE CITY OF ARCADIA AND G & S TOWING This Amendment No. 1 ( "Amendment No. 1 ") is hereby entered into this / /th day of becern b,°r , 2001, by and between the City of Arcadia, a municipal corporation in the State of California, and G & S Towing with respect to that certain Agreement between the parties dated December 23, 1996 ( "Agreement "). The parties agree as follows: 1. Pursuant, -to Section XVI of the Agreement, the tern: of-the Agreement is--, extended to and including January 9, 2002, through January 8, 2007. 2. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment on the date set forth below. CITY OF ARCADIA By — 1 William R. Kelly, City Manager Dated: ATTEST: Cl Jgpe�D. Alford, City eric APPROVED ASTO FORM: Stephen P. Deitsch, City Attorney CONTRACTOR G & S Towing By At Shelvy Da ,Owner CONCUR: Hinig, Chief 9f Police AGREEMENT CITY OF ARCADIA AND G & S TOWING This Agreement, is entered into by and between the CITY OF ARCADIA, a Municipal Corporation, hereinafter referred to as "City," and the G & S TOWING, hereinafter referred to as "Garage." SECTION I - SCOPE OF WORK The City and the Garage agree that from the effective date of this Agreement, the Garage shall be responsible to conduct all vehicle towing and storage activities requested by the City. Towing activities shall include the towing of any automobile, motorcycle, van, truck, motor home, or any other vehicle travelling upon the City streets. The Garage shall conduct its storage and towing operation so that they conform with all requirements as set forth by the City and by the State of California. The City agrees to utilize the Garage for towing and storage services unless Garage, due to emergency or vehicle overflow, is unable to meet the demands of the City at which time the City may utilize the service of another towing service. SECTION II - 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 vehicles. 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. SECTION III - MINIMUM FACILITIES REQUIREMENTS A. Outside Storage Area: The current outside storage area is located at 855 Alpha Street, Irwindale. Any changes in 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 six 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 darkness. Garage must obtain prior approval of all such illumination from the Arcadia Director of Development Services or designee. ! t� • • B. Inside Storage Area: A minimum inside storage area of 400 square feet shall be available to Garage at all times. The inside storage area is located at 330 North First Avenue, Arcadia. Any change in location 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 fighting and secured by approved locks at all times. Only those persons owning the Garage, employed by the Garage, or authorized by the Arcadia Chief of Police or authorized representatives, shall be allowed into the inside storage area. C. Business Identification: The business name shall be prominently displayed in a location where it shall be clearly visible from the street at all times. The signing shall comply with the provisions of the Arcadia Municipal Code and shall require the prior approval of the Arcadia Chief of Police or his authorized representatives and the Arcadia Director of Development Services or designee. Garage shall maintain a local phone number which shall be listed in local telephone directories and which shall be available for answer 24 hours per day 7 days per week. D. Inspection: The Garage shall at all times have posted the following in a clear and conspicuous place in its storage areas: 1. An Arcadia business license; 2. A copy of charges and rates as approved by the City; 3. Its hours of operation; 4. The 24 -how phone number for the Garage. SECTION IV - EQUIPMENT A. The Garage shall have a minimum of two (2) tow trucks available for service at all times. The trucks shall be capable of removing any vehicle having a gross weight of up to 6,000 pounds. At all times, trucks shall be equipped with the proper equipment as specified by the California Vehicle Code. All garage tow trucks shall be kept clean and in good repair. B. The Office of the Garage and each tow unit shall have the capability of two -way radio communication and may upon approval of the Chief of Police or authorized representatives, monitor the Arcadia primary police frequency. 2 SECTION V - HANDLING AND PROTECTION OF VEHICLES A. All vehicles placed in the care and custody of the Garage shall be safeguarded within the confines of the storage facility. No vehicle shall be stored upon any public streets, sidewalks, or public property. B. No locked vehicle shall be entered by Garage owners, its employees, and agents except on orders of a member of the Department. C. Vehicles requiring special handling shall be stored in the inside storage area. This protection shall be maintained until removal is approved by the Chief of Police or his authorized representatives. D. Whenever the Garage removes a vehicle from private property without the knowledge or consent of the vehicle owner, the Garage shall do the following: 1. Prepare a written inventory describing the condition of the vehicle including all visible damage. If the vehicle has been entered by Garage employees or agents of the Garage, the inventory shall include a complete listing of all property contained within the vehicle. A copy of this inventory shall be made available to the vehicle owner upon his request. 2. Safeguard all articles left in vehicles. 3. If the vehicle was not removed at the request of the Department, the Garage shall notify the Department of the removal within one hour after taking possession of the vehicle. 4. Furnish the owner of such vehicle with the name and address of the person, company, or corporation causing the removal so that the owner may have legal recourse under California Vehicle Code Section 22658(b). E. Calls for service by the Arcadia Police Department shall be given priority over other users and tow trucks shall respond without necessary delay at all hours of the day or night. SECTION VI - RELEASE AND DISPOSAL OF VEHICLES A. Garage facilities shall be open to the public during the hours of 8:00 a.m. until 5:00 p.m. daily, including Sunday, except that on days that the Santa Anita Race Track conducts horse race meets, the Garage shall remain open until 7:00 p.m. The Garage shall have an attendant on duty during all the above business hours. 3 B. Every vehicle in storage shall be available for release upon request 24 hours per day, 7 days each week. C. In addition to all storage and towing charges, additional charges as established by Resolution No. 967 assessed for: 1) any vehicle released between the hours of 10:00 p.m. and 6:00 a.m.; 2) any vehicle released on a legal holiday. D. Storage fees shall be charged for the fast 24 hours of storage. E. A "day" of storage shall be any portion of a 24 -hour period. F. No vehicle shall be removed from the storage facility except under the following conditions: 1. Vehicle has been released to the vehicle owner or his agent or other person authorized to take possession. All persons desiring to remove a vehicle must present proper identification and proof of ownership or interest in the vehicle prior to its release. 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. 4. All towing and storage fees have been paid. SECTION VII - MAXIMUM ALLOWABLE RATES AND CHARGES A. During the term of this Agreement, the Garage may change the rates and charges automatically to conform to the rates set by the State of California pursuant to the Highway Patrol procedure for the sector applicable to Arcadia. Garage shall supply the City with all information on the rate change requirement. B. The City may review all the fees and charges at any time and make any changes when necessary. SECTION VIII - RECORDS AND REPORTS A. The Garage shall maintain an up -to -date file on all forms received from the Arcadia Police Department and all other records required by law or required by the Chief of Police including but not limited to the following: 1. A record of all calls for service by the Arcadia Police Department including the following: 4 1 0 a. Date and time of call and time completed; b. Location of call; C. License number and complete description of vehicles; d. Date and method of release or disposal and to whom released; e. An itemization of all charges against the vehicle involved. B. The Garage shall advise the Arcadia Police Department in writing of all vehicles stored or impounded by the Department and not released after 30 days and shall comply with California Vehicle Code Sections 10650 through 10652.5. C. Garage shall first obtain the prior express written consent from City for any change or ownership interest in Garage, change of Garage business name, Garage address, or Garage telephone number. SECTION IX - LIABILITY INSURANCE A. The Garage shall maintain, during the life of the contract, the following public liability and property damage insurance in which the City of Arcadia, its officers and employees, shall be named as an additional insured, and shall protect the Garage or any subcontractors performing work covered by the contract, and also the City of Arcadia, from claims or personal injury, including accidental death, as well as from claims for property damages which may arise from all operations of the Garage, whether such operations shall be performed by the Garage or its subcontractors, or by anyone directly or indirectly employed by any of them, and the limit of liability for such insurance shall be as follows: 1. Limit of liability for injury or accidental death: Each occurrence or accident $1,000,000.00 2. Limit of liability for property damage: Each occurrence or accident $ 500,000.00 The policy of insurance shall contain the following clauses: The naming of an additional insured as herein provided shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured; 2. The additional insured named herein shall not be held liable for any premium or expense of any nature on this policy or any extension thereof; 3. The additional insured named herein shall not by reason of being so named be considered a member of any mutual insurance company for any purpose whatsoever; �r 4. The 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 giving such additional insured twenty (20) days written notice. B. 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 resulting from its operations or the operations of anyone acting in its behalf. C. Said policy with coverage in an amount approved by the Arcadia City Attorney shall indemnify any person or organization who suffers damages as a result of picking up, towing, pushing, or removal or storage of a vehicle against any damage to the vehicle, or theft of any part of the vehicle or from the contents thereof, upon such person or organization obtaining a final judgment covering such loss or damage. D. The Garage shall furnish the City of Arcadia with satisfactory proof of carrying the insurance required by submitting certificates, polices 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 paragraph will be complied with. E. The Garage shall indemnify, defend, and save harmless the City of Arcadia, the City Council, its officers, agents, and employees from any suits, claims, or actions brought by any person or persons for or on account of any injuries or damages sustained or arising out of any act or omission under this towing contract or in consequence thereof. SECTION X - NON - ASSIGNABILITY This Agreement shall not be sublet, assigned, or transferred, nor shall any of the rights or privileges herein granted or authorized be released, signed, sold, or transferred, either in whole or in part, nor shall title bear to, either legal or equitable, or any right interest or property therein, passed to any person except the Garage, either by act of the Garage or by cooperation of the law, without prior express written consent of the City. The granting of such consent shall not render unnecessary any subsequent consent. SECTION XI - RIGHTS RESERVED TO THE CITY A. The City Manager, or his designee, is hereby authorized and empowered to adjust, settle, or compromise any controversy or charge rising from the operations of the Garage under this Agreement, either on behalf of the City, contractor, or any person, in the best interest of the public. Either the Garage, or any member of the public, who may be dissatisfied with any M decision of the City Manager, may appeal the matter to the City Council for hearing and determination. The City Council may accept, reject, or modify the decision of the City Manager, and the Council may adjust, settle, or compromise any controversy or cancel any charge arising from the operation of the Garage. SECTION XII - FOR FULL AND ADEQUATE CONSIDERATION Receipt of which is hereby acknowledged, Garage agrees to give prompt and efficient towing, storage, and flat tire service to all City vehicles of the City of Arcadia, located within a 30 mile radius of the Arcadia City Hall at no cost to the City of Arcadia. SECTION XIH - LEGAL REQUIREMENTS A. The Garage shall obtain all permits and licenses required by the City, County, State and Federal Government. B. The Garage shall comply with all applicable laws of the City, County, State, and Federal Government. SECTION XIV - SEVERABIIdTY If any Section, Subsection, Clause, or Phrase of this Agreement is for any reason held illegal, invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. SECTION XV - EFFECTIVE DATE This Agreement shall become effective and operative on the date that is executed by the City. this Agreement shall supersede all prior Agreements heretofore executed by and between the parties concerning any portion of the subject matter hereof, and shall operate as a discharge of all obligations incurred by either party under any agreement thus superseded. SECTION XVI - AGREEMENT TERM AND RENEWAL A. Contract shall remain in effect and force for five years from its effective date unless otherwise terminated by the City. The City shall have the sole right to terminate this Agreement with a 30 day written notice. 7 B. This Agreement may be renewed. If the City and the Garage both consent thereto in writing. Garage shall be required to notify City at least six months prior to the termination of this Agreement expressing its request to renew the Agreement. �r • IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized representatives as of the date set forth below. Dated: �U e"er Z3.1 999 ATTEST: APPROVED AS TO FORM: Michael H. Miller, City Attorney 9 CITY OF ARCADIA William R. Kelly, City Manager G & S TOWING By: Shelvy Day, wner RESOLUTION NO. 5965 • 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING AND AUTHORIZING TOWING AND STORAGE FEES CONSISTENT WITH RATES SET BY THE CALIFORNIA HIGHWAY PATROL FOR G & S TOWING (CITY CONTRACT FOR POLICE TOWING) IMPS 596 WHEREAS, the City contracts with G & S Towing for the provision of police towing and impound services, and WHEREAS, the contract between the City and G & S Towing provides for periodic rate changes; and WHEREAS, these rates must be considered and approved by Arcadia City Council by Resolution; and WHEREAS, the City Council has reviewed the rates by G & S Towing; and WHEREAS, the Chief of Police has reviewed the said rates and approve same. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The following rates are hereby approved and effective upon adoption of this Resolution with regard to the provision of police towing services by G & S Towing pursuant to the City's o5cial police garage storage and tow service contract: Basic Tow Fee (hourly) $71.25 Outside Storage (per day) $13.25 Inside Storage (per day) $17.50 Basic Service Call (hourly) $35.65 Contract Labor (hourly) $35.65 LASER IMAGED SECTION 2. Hereinafter, G & S Towing will set storage and towing fees consistent with rates set by the California Highway Patrol pursuant to their rate adjustment policy as prescribed for the zone or sector applicable to Arcadia. SECTION 3. The City shall have the right to review the fee rates at any time and make changes when necessary. in 1994. SECTION 4. Where applicable, this resolution is in place of Resolution No. 5809 adopted SECTION 5. That the City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 17th day of December 1996. /s/ ROBERT C. HARBICHT Mayor of the City of Arcadia /Pro Tem 061'I1d IS/ JUNE D. ALFORD City Clerk of the City of Arcadia APPROVED AS TO FORM: Michael II. Miller City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5965 was passed and adopted by the City Council of the Citv of Arcadia, signed by the Mayor Pro Tern and attested to by the City Clerk at a regular meeting of said Council held on the 17th day of December, 1996 and that said Resolution as adopted by the following vote, to wit: AYES: Councilmember Chang, Harbicht, Kovacic and Young NOES: None ABSENT: Mayor Kuhn 1Sl JUNE D. ALFORD City Clerk of the City of Arcadia