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AMENDMENT NO.3 TO CONTRACT TO PROVIDE TOWING
AND STORAGE SERVICE FOR THE CITY OF ARCADIA
BY JAN'S TOWING, INC.
This Amendment No. 3 ( "Amendment No. 3 ") is hereby entered into by and
between the City of Arcadia, a charter city organized under the Constitution and laws of
the State of California, and Jan's Towing Inc., a California corporation, with respect to
that certain contract between parties dated April 8`h, 2007 ( "Agreement ").
The parties agree as follows:
1. Section 31 (Term of Tow Contract) is amended to provide that the term of the
Agreement shall be extended through and including April 7`h, 2013.
2. All of the remaining terms and provisions of the Agreement are hereby
reaffirmed.
(Signatures on next page)
In witness whereof the parties have executed this Amendment No. 3 on the date
set forth below.
CITY OF ARCADIA
By:
Domimc azzaretto',-t* Manager
Dated: kc),rt k 23.20 ! 2.
ATTEST:
City
APPROVED AS TO FORM:
(), �)C�
Stephen P. Deitsch, City Attorney
CONTRACTOR
Jan's Towing, Inc.
By:
Jan r ua
lkenbush, President
Dated:
CONCUR:
R rt Gu 'e, Chief of Police
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(100-70
C — 2 22)0 - 2__
AMENDMENT NO.2 TO CONTRACT TO PROVIDE TOWING
AND STORAGE SERIVCE FOR THE CITY OF ARCADIA
BY JAN'S TOWING, INC
This Amendment No. 2 ( "Amendment No. 2 ") is hereby entered into by and between the
City of Arcadia, a charter city organized under the Constitution and laws of the State of
California, and Jan's Towing Inc., a California corporation, with respect to that certain contract
between the parties dated April 8, 2007 ( "Agreement ").
The parties agree as follows:
1. Section 31 (Term of Tow Contract) is amended to provide that the term of the
Agreement shall be extended through and including April 7, 2012.
2. All of the remaining terms and provisions of the Agreement are hereby
reaffirmed.
(SIGNATURES ON NEXT PAGE)
In witness whereof the parties have executed this Amendment No. 2 on the date set forth
below.
CITY OF ARCADIA
Donald Penman, City Manager
Dated: —3-2-- 1 �
ATTEST:
I t... o u:' 1
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
CONTRACTOR
Jan's Towina..Ini
Lo
President
Dated: Z -/ r— "'/
CONCUR:
Robert P. Sanders n, Chief of Police
fiz - -7c)
C -22 E30
AMENDMENT NO. 1 TO CONTRACT TO PROVIDE TOWING
AND STORAGE SERIVCE FOR THE CITY OF ARCADIA
BY JAN'S TOWING, INC
This Amendment No. 1 ( "Amendment No. I") is hereby entered into by and between the
City of Arcadia, a charter city organized under the Constitution and laws of the State of
California, and Jan's Towing Inc., a California corporation, with respect to that certain contract
between the parties dated April 8, 2007 ( "Agreement ").
The parties agree as follows:
1. Section 23.A. (Franchise Fee) is hereby amended to provide that Jan's Towing
shall pay the City a Franchise Fee of 25% of the total amount collected by
Jan's Towing, Inc.
2. Section 31 (Term of Tow Contract) is amended to provide that the term of the
Agreement shall be extended through and including April 7, 2011.
3. Section 49 (Immigration Reform and Control Act) is hereby added to the
Agreement to read, "Consultant acknowledges that Consultant, and all
subcontractors hired by Consultant to perform services under this Agreement,
are aware of and understand the Immigration Reform and Control Act
( "IRCA "). Consultant is and shall remain in compliance with the IRCA and
shall ensure that any subcontractors hired by Consultant to perform services
under this Agreement are in compliance with the IRCA. In addition,
Consultant agrees to indemnify, defend and hold harmless the City, its agents,
officers and employees, from any liability, damages or causes of action arising
out of or relating to any claims that Consultant's employees, or the employees
of any subcontractor hired by Consultant, are not authorized to work in the
United States for Consultant or its subcontractor and/or any other claims
based upon alleged IRCA violations committed by Consultant or Consultant's
subcontractor(s)."
4. All of the remaining terms and provisions of the Agreement are hereby
reaffirmed.
In witness whereof the parties have executed this Amendment No. 1 on the date set forth
below.
CITY OF ARCADIA CONTRACTOR
Jan's Towing, Inc.
By B
Donald Penman, City Manager J ualkenbush, President
r
11�7 Dated: 21 r a.2 c, Dated: / v
ATTES
1 bln4/
City lerk '
APPROVED AS TO FORM:
4 .
Stephen P. Deitsch, City Attorney
CONCUR:
Robert P. Sanderson, Chief of Police
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CITY OF ARCADIA
OFFICIAL POLICE TOW SERVICE
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CONTRACT
CITY OF ARCADIA AND JAN'S TOWING, INC.
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This Contract, is entered into by and between the CITY OF ARCADIA, a Municipal
Corporation, hereinafter referred to as "City," and Jan's Towing, Inc., a corporation, hereinafter
referred to as the "OPTS."
1. OBJECTIVES
To establish an Official Police Tow Service ( "OPTS ") for the City of Arcadia ( "City ") to provide
timely and professional towing and storage services for vehicles when a Police Officer or other
authorized City representative requests towing services.
2. EFFECTIVE DATE OF CONTRACT
The effective date of this Contract shall be the latter date upon which the authorized
representative of the OPTS or the authorized representative of the City of Arcadia signs the
Contract.
3.
The OPTS shall have the exclusive right to receive calls from! the City during the term of this
Vehicle Towing and Storage Contract ( "Contract "), subject to the terms of this Contract, to
provide towing and storage services for vehicles which are 14nvolved in accidents, disabled,
abandoned, impounded for evidence, impeding the flow of traffic or otherwise subject to being
towed and stored at the direction of the City.
4. BASIS FOR ACCEPTANCE OF SERVICE
The Chief of Police, or his/her designee, has the final authority to determine disputes as to the
ability or authority to perform tow services for the City of Arcadia.
Whenever a driver or owner is requesting a towing service and is unable to specify a particular
business, or when a police officer, or other authorized City representative, requests a towing
service, the towing service called shall be the OPTS for the City of Arcadia. When more than
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one vehicle is to be towed from the scene of a traffic collision; and the drivers do not specify a
preference, the OPTS shall be called for each vehicle being towed.
If it is determined that the towing service is not needed and is canceled by the Arcadia Police
Department, up to and including arrival at the scene, there shall be no charges assessed by the
OPTS for the request.
If the OPTS is unable to handle the call due to size, location, etc., the OPTS will be responsible
for requesting another tow service to respond that is capable of handling the situation.
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5. REPUTATION AND FINANCIAL STATE
The authorized towing and storage facility must furnish proof of possession of the towing
equipment and storage yard facilities necessary to perform the obligation set forth in this
Contract, including title to or a lease on the land necessary to perform the obligation set forth in
this Contract, and meet the zoning and building requirements of the City. The OPTS shall also
possess a valid City of Arcadia Business License.
6. RESPONSE TIME
The OPTS must arrive on scene within twenty (20) minutes of a verbal request for service by a
member of the Arcadia Police Department or other authorized City personnel, 24 hours /day, 7
days /week, 365 days /year, including holidays and weekends.
The OPTS dispatcher shall notify the Arcadia Police Dispatcher when it cannot immediately
respond with a tow vehicle, shall give the reason for the delay in response and an estimated time
of arrival. The OPTS may park up to two tow trucks on City streets overnight in order to
facilitate a timely response to Arcadia Police Department calls for tow services.
7.
The OPTS shall maintain at least two (2) qualified drivers to respond to requests for service by
the Arcadia Police Department at all times.
8. TRAINING / ABILITY — QUALIFICATIONS
The OPTS operators and tow truck drivers must be sufficiently trained and capable to ensure safe
and proper discharge of their service responsibilities. In addition, the OPTS agrees to the
following terms:
A. The OPTS shall provide the name, date of birth, and valid California driver's
license number of all drivers employed by the OPTS in writing to the Arcadia
Police Department Administrative Division Captain. The OPTS shall notify the
Arcadia Police Department Administrative Division Captain, or his designated
representative, shall also be notified in writing of any new drivers or any change
in employment status of a driver within five (5) days of their date of hire or any
change in employment status.
B. The OPTS operators shall participate in the Employer Pull Notice Program
through the Department of Motor Vehicles. The OPTS shall notify the Arcadia
Police Department Administrative Division Captain of any Pull Notices received
on their drivers.
C. Tow Driver Qualifications /Requirements:
(1) Drivers employed by the OPTS shall be at least 18 years old, possess the
required class driver license to operate any or all Tow Vehicles specified
herein, and sufficiently capable and trained to ensure safe and proper
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discharge of their towing service duties and responsibilities in a safe and
courteous manner. All drivers shall comply with the requirements set
forth in California Vehicle Code Sections 27700 and 24605. All drivers
shall meet all requirements specified in Sections 2430.5 and 12520 of the
California Vehicle Code.
(2) Drivers and /or the OPTS shall provide the Arcadia Police Department
Administrative Division Captain with information in writing concerning
any driving citations received by the tow driver(s) in the immediate prior
three (3) years and all information regarding any criminal convictions.
(3) The OPTS drivers shall present a neat, clean and professional appearance.
Drivers shall wear uniform type pants and shirt that identify the tow
service company and their name (first or last).
(4) The Chief of Police, in his sole discretion, is also hereby empowered to
require that the OPTS's drivers:
(a) Be fingerprinted;
(b) Undergo background checks by the California Department of
Motor Vehicles and any other agency deemed appropriate to
determine the safety practices of the drivers;
(5) The OPTS shall not utilize any driver to render services pursuant to this
Contract:
(a) Who is subject to epilepsy, fainting or loss of consciousness by
reason of chronic medical condition;
(b) Whose driving record indicates five (5) violations of traffic laws
involving moving vehicles within two (2) years preceding the date
of application;
(c) Who has furnished false information on this application or omitted
to furnish all information requested on said application forms;
(d) Who has been convicted of driving while under the influence of
intoxicating liquor or narcotic drugs, or both, within three (3) years
of the date of application; or
(e) Who has been convicted of a felony, any crime involving moral
turpitude, or any crime(s) specified in this Contract within two (2)
years preceding the date of application.
(6) Notwithstanding compliance with the foregoing provisions, the City may
prohibit certain drivers from providing towing services to the City or the
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Arcadia Police Department in its sole discretion. Such directives shall be
made by the Chief of Police, or his /her designee, in writing to the OPTS.
All OPTS operators or their agents shall give to the driver or owner of a vehicle to be stored,
impounded or towed away, a business card, and /or a receipt with the service name, address and
phone number, and must ensure that the information is provided to the Arcadia Police
Department in the event that the driver is unavailable or incapacitated.
9. COMMUNICATIONS
The OPTS shall install and maintain radio transmission and reception equipment allowing for
contact with each authorized tow vehicle.
10. BUSINESS HOURS — AVAILABILITY BY TELEPHONE
Police Availability: The OPTS shall make their services available 24 hours /day, 7 days /week,
including holidays. No exceptions.
Public Availability: There shall be an OPTS employee or agent available in person during
normal business hours at the OPTS office to handle requests for service and release of
impounded /stored vehicles. Normal business hours will be from 8:00 a.m. to 5:00 p.m. daily,
seven (7) days a week, except that on days that the Santa Anita Race Track conducts horse race
meets, the OPTS shall remain open until 7:00 p.m. The OPTS shall have an attendant on duty
during all of the above business hours.
11. IMPOUNDED VEHICLES
A vehicle impounded as per authority of the California Vehicle Code or the California
Constitution will be documented by the Arcadia Police Department personnel. Authorization
from the Arcadia Police Department is required before the impounded vehicles can be
released.
12. RELEASE OF VEHICLE AFTER STORAGE / IMPOUND
Any vehicle stored or impounded by the Arcadia Police Department, CANNOT be released
without authorization from the Arcadia Police Department. When the OPTS releases a stored
vehicle, the OPTS shall require proper identification and an Arcadia Police Department
authorized release form (CHP 180). If the person requesting the release of a vehicle does not
have all the above, refer the person to the Arcadia Police Department for further processing. The
final decision for release of a vehicle shall come from the on -duty Watch Commander or his/her
designee. The OPTS shall adhere to this decision at all times.
13. RELEASE OF PERSONAL PROPERTY
The OPTS shall notify the Arcadia Police Department prior to the removal of property from a
stored vehicle and will provide a receipt listing the removed property and the identification of the
person(s) who removed items, with a copy placed in the stored vehicle.
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No property shall be removed from the stored vehicle without prior authorization from the
Arcadia Police Department.
Personal property is considered to be items that are not affixed to the vehicle and must not be
removed without prior authorization of the Arcadia Police Department.
14. OPTS STORAGE FACILITY STANDARDS
The OPTS must at all times throughout the term of this Contract, comply with the terms of this
Contract, all state and federal laws, and any subsequently enacted towing ordinance, rules or
regulations enacted by the City of Arcadia that are applicable to OPTS. The OPTS shall, at a
minimum, comply with the following requirements with respect to its facilities:
A. Location of Storage Facility. The OPTS office and storage facility must be within
a five (5) mile radius of the City of Arcadia limits in order to ensure adequate
response times and limit the City's costs and administrative burdens of having
Arcadia Police Department personnel conduct investigations at distant storage
lots. Stored vehicles should be at a single location. If a secondary storage
location is required, it must be within a one (1) mile radius of the primary
location.
B. Storage Facility Requirements. Adequate security measures for the protection of
vehicles and property shall be provided for at all storage facilities. The Arcadia
Police Department Administrative Division Captain, or his /her designee, shall be
the sole judge of what constitutes "adequate" security measures and may grant
additional consideration for state of the art security measures, including, but not
limited to, security cameras and motion sensors. At a minimum, all storage
facilities shall comply with the following requirements:
(1) All storage facilities shall be enclosed by a wall or fence at least 6 feet in
height. Alternatively, storage facilities may consist of enclosed buildings.
All storage facility structures, including walls or fences, shall meet the
requirements of the jurisdiction in which the facility is located, and shall
be approved by the Arcadia Police Department Administrative Division
Captain, or his/her designee.
(2) Storage lot that can hold a minimum of 100 vehicles.
(3) The security for the storage facility shall be adequate to preclude theft,
vandalism or damage by activity while in the OPTS's lot. The storage
facility and lot shall be configured in such a way that no vehicles shall be
left parked or stored on the public streets at any time. The OPTS must
provide off - street parking for its equipment and be able to accommodate at
least four additional vehicles for customer parking. In addition to the four
customer parking spaces, at least one additional customer parking space
shall be provided for handicapped parking purposes. Said handicapped
parking space shall be van accessible. Storage vehicles should be secured
away from customer parking and the office area. The OPTS's office must
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have a sign posted including the company name, address, phone number
and hours of operation, to be clearly visible from the roadway.
C. All storage facilities must be approved for security by the Arcadia Police
Department Administrative Division Captain, or his/her designee, and available
for inspection upon request. Any breach of security in a building or fence must be
repaired within 24 hours.
D. All necessary vehicle storage facilities needed to meet the minimum requirements
of this section shall be constructed prior to the OPTS's submittal of a response to
the Request for Qualifications issued by the City's General Services Department.
All necessary approvals for such storage facilities shall comply with the
applicable provisions of the Arcadia Municipal Code, or appropriate county
and /or city codes. Compliance with this subsection shall not be deemed to create
any duty for the City to award a permit to the OPTS.
15. INSIDE STORAGE:
The OPTS shall maintain an enclosed locked storage facility for a minimum of five (5) vehicles.
The OPTS shall maintain an additional two (2) spaces that can be secured by the Arcadia Police
Department for vehicles ordered impounded because of their involvement in the commission of
crimes or for other reasons (the "Designated Impound Space "). The Designated Impound Space
shall also meet the following criteria:
A. The Designated Impound Space shall be completely protected from the elements,
including wind, heat, adverse weather and other forms of contamination (i.e.
dust).
B. The Designated Impound Space must be able to be secured and unauthorized
entry must be prevented. Protection shall also be provided to preclude evidence
contamination by employees and other individuals. Evidence contamination is
defined as removal or touching of any items, papers, vehicle parts, etc., of an
impounded vehicle that is impounded by the Arcadia Police Department for
investigation purposes. At a minimum, there should be a door or gate that can be
locked and secured from employees and visitors.
C. The Arcadia Police Department will designate when a vehicle is to be placed into
the Designated Impound Space for evidence purposes and may place a seal on
each door of the vehicle or door(s) of the impound facility to maintain the chain
of evidence. Vehicles placed into inside storage for evidence purposes shall not
be removed from such protection until approved by the Arcadia Police
Department.
D. The Designated Impound Space must be of sufficient size to satisfy the impound
storage requirements of the Arcadia Police Department.
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E. The Designated Impound Space must be lit with a minimum of two (2) 50 watt,
overhead, quartz halogen lamps, or similar lamps that provide equal or greater
light.
F. The Designated Impound Space area must be accessible to Arcadia Police
Department personnel 24 hours a day, seven (7) days a week.
G. The Designated Impound Space must be reasonably clean and clear of dirt, animal
waste, oil, etc.
H. The Designated Impound Space must be protected by an alarm system to prevent
unauthorized entry. The alarm system shall be monitored by an off -site
monitoring company. The alarm code for the alarm system shall be provided to
the Arcadia Police Department personnel at all times and shall be changed by the
OPTS only upon receiving authorization from the Chief of Police or at his /her
direction. The OPTS shall not provide the alarm code to any person unless
authorized to do so by the Chief of Police.
16. EQUIPMENT STANDARDS
At its expense, the OPTS must have the following equipment that conforms to the California
Highway Patrol's Classification (CHP Class) for the gross vehicle weight ratings (GV WR) of a
truck chassis'. The OPTS vehicles must also be in compliance with the applicable provisions of
the California Vehicle Code applying to tow trucks (615 CVC), including but not limited to
Sections 615, 21711, 24606, 25100, 27700, 27907, and all other regulations pertaining to
lighting and safety equipment.
A. A minimum of two (2) flatbed car carriers (Class A or Class B); plus
B. A minimum of three (3) light- medium duty tow trucks, consisting of:
(1) At least two (2) light duty (Class A); plus
(2) At least one (1) medium duty (Class B); plus
C. Preferably, at least one (1):
(1) Heavy duty (Class C); or
(2) Super heavy duty (Class D); plus
GVWR Ranee (Ibs.) CHP Class
10,000 - 19,500
A
19,501- 33,000
B
33,001 — 49,999
C
50,000 or more
D
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If the OPTS is unable to handle the call due to size, location, etc., the OPTS will be responsible
for requesting another tow service to respond that can handle the situation.
D. Preferably, at least one (1) tow truck that is equipped to lift and carry a disabled
person in a wheel chair; plus
E. All trucks must have two -way radio communication equipment.
All OPTS tow vehicles must have adequate equipment for the towing of vehicles. Basic
equipment shall include:
Fire Extinguisher(s)
Broom
Shovel
Reflective Triangles
Flares
Trash Can(s) with Absorbent Material
Office to Truck Radio System
Winch
Motorcycles that are stored, impounded, or towed from a collision scene at the request of the
Arcadia Police Department shall be hauled by a trailer that is designed to carry motorcycles or by
a flatbed truck in an upright position.
Any and all equipment used and maintained by the OPTS must be available for inspection by the
Arcadia Police Department upon request.
All equipment and vehicles to be used under this Contract shall be inspected by the California
Highway Patrol at least one time per year. All vehicles and equipment shall display a current
inspection sticker issued by the California Highway Patrol prior to its use under this Contract.
The Arcadia Police Department may conduct random vehicle and equipment inspections to
ensure compliance with this Contract.
The Arcadia Police Department may inspect the OPTS facilities used under this contract at any
time during normal business hours.
The OPTS must have equipment for and have personnel proficient in unlocking locked vehicles
when requested by the Arcadia Police Department.
Throughout the term of this Contract the OPTS shall maintain in good condition the real property
and improvements thereon, and all vehicles, facilities, equipment and material used in the
performance of the service required by this Contract.
17. TOW SERVICE RESPONSIBILITIES AND DUTIES
The OPTS provider's primary duty will be; responding, on a first priority basis, to requests for
towing services initiated by the Arcadia Police Department. The OPTS provider must have two
(2) tow trucks available at all times (24 hours /day, 7 days /week, 365 days /year, including
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holidays and weekends) to respond to requests for service from the Arcadia Police Department.
The OPTS provider must also respond to towing requests from other City employees who are
duly authorized by law to remove vehicles for storage, investigations, or both.
Typical towing situations will include, but will not be limited to: removing illegally parked
vehicles, towing inoperative vehicles as a result of traffic accidents, mechanical breakdowns,
storing, or impounding vehicles for investigations, evidence or a violation of law. The OPTS
provider must provide towing and storage services 24 hours /day, 7 days /week, 365 days /year,
including holidays and weekends.
18. DUTIES AT THE SCENE
After being requested to the scene by the Arcadia Police Department the OPTS operator shall:
A. Neither move the vehicle nor attach to any vehicle until so instructed to do so by a
member of the Arcadia Police Department.
B. Shall clean up and remove any and all debris from the accident scene as required
by the Arcadia Police Department and the California Vehicle Code.
C. Provide towed vehicle owners, when present at the scene, with a business card or
other information, indicating where the vehicle will be stored, including hours of
operation.
19. RECORDS
Records shall be maintained by the OPTS relating to vehicles impounded or stored at the City's
request:
The OPTS shall keep complete and accurate records of all vehicles impounded or stored at the
request of the City and shall include the amount of charge on each vehicle. The report shall list
the number of vehicles stored or impounded at the request of the City that are sold through lien
sale. The OPTS shall provide a written monthly report to the Chief of Police, or his/her
designee, within thirty (30) calendar days after the end of each month containing the above
information. The report shall be limited to vehicles impounded or stored by the City.
The OPTS and the City shall maintain records of the times that calls for service are received,
dispatched, and the times the tow vehicles arrive on scene. The record system should be
adequate to provide an inquiring party with the ability to locate a vehicle by searching the
following information: license plate number, the make, model, color, date or location of
impound.
The OPTS owner must also notify the California Highway Patrol (CHP) as required by Section
10652 of the California Vehicle Code.
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20. INSPECTION OF RECORDS, FACILITIES, EQUIPMENT AND DRIVERS
All records required to be kept by the OPTS owner shall be available for inspection by
representatives of the Arcadia Police Department and the California Highway Patrol. In
addition, the OPTS shall submit at any reasonable time to an Arcadia Police Department
inspection of all drivers, vehicles, equipment and yards. The OPTS shall provide California
Highway Patrol inspection certification for each of its towing vehicles to the Arcadia Police
Department. If the OPTS cannot produce an annual California Highway Patrol certification, the
Arcadia Police Department reserves the right to require that all towing vehicles be inspected by
an automotive professional certified by the State of California Bureau of Automotive Repair, and
selected by the Arcadia Police Department. All vehicle inspection fees shall be borne solely by
the OPTS and shall be due and payable upon presentation of the vehicle for inspection. Any tow
vehicle that fails an inspection shall not be used to provide towing service in the City until it is
repaired and passes re- inspection. All tow vehicles shall be operated and maintained in
compliance with all applicable state and federal laws and regulations.
21. TOWING RATES & STORAGE FEES
The rate for towing shall be from the primary towing facility and return to the same. A one -hour
minimum may be charged. Charges in excess of one hour may be charged in fifteen - minute
increments. There shall be no additional charge for labor, mileage, etc. The tow rates and
storage fees for the City of Arcadia Official Police Tow Services are based on towing and
storage rates established each year by the California Highway Patrol (CHP) for the sector
applicable to Arcadia. These rates may be reviewed annually on June Igo to match any local CHP
rate and fee changes. The OPTS must notify the Chief of Police or his /her designee in writing of
any tow rate and storage fee increase to match the CHP rates and fees. The Arcadia Police
Department will verify any increases. Any disputes will be reconciled through a meeting
between the Chief of Police or his/her designee and the OPTS owner. If the rate and fee
increases are verified, the new rates will take effect on July Is`. The OPTS agrees that Chief of
Police's, or his /her designee's, determination concerning tow rates and storage fees shall be final.
Vehicle Type
Towing Rates
Daily Storaue Fee
Class A
$135.00
$34.00
Class B
$189.00
$46.00
Class C
$250.00
$46.00
Class D
$290.00
$46.00
Handicap
$135.00
$34.00
Motorcycle
$135.00
$13.00
Vehicles stored eight hours or less shall be charged no more than one -day storage. Each day
thereafter shall be calculated by the calendar day.
A copy of the rate schedule shall be maintained inside each tow vehicle and presented upon
request by a vehicle owner or driver for any vehicle towed or stored by the OPTS.
In the event that a vehicle is stored or impounded at the direction of the Arcadia Police
Department and it is subsequently determined that the City is responsible for the cost of such
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storage and/or towing, the OPTS agrees not to assess the City for costs of tow and /or storage of
the vehicle.
After Hour Vehicle Releases: The OPTS normal business hours are from 8:00 a.m. to 5:00 p.m.,
seven (7) days a week, including holidays, except that on days that the Santa Anita Race Track
conducts horse race meets, the OPTS shall remain open until 7:00 p.m. The OPTS may charge a
flat fee for after hour releases of an amount not to exceed $60.00 in addition to any previously
incurred tow and storage fees for vehicles released outside the OPTS normal business hours.
Towing of City Vehicles: The OPTS agrees that all City vehicles requiring towing will be towed
by the OPTS free of charge. Moreover, the OPTS agrees not to charge for the changing of flat
tires on City vehicles.
22. SERVICE CALLS & LABOR
Rates for service calls (out of gas, lock outs, etc.) shall be from the time dispatched to the end of
the service, and may be charged in accordance with this Contract at the hourly rate of no more
than $60.00, with a thirty (30) minute minimum. Charges for service periods in excess of thirty
(30) minutes may be charged in fifteen - minute (15) increments.
23. FRANCHISE FEE
Franchise fees, for the privilege of being the exclusive OPTS provider for City requested towing
and storage services, shall be due and payable as follows:
A. For each vehicle stored or impounded by order of the City, the OPTS shall pay the
City a Franchise Fee of $35.00 per vehicle. The OPTS shall not be responsible
for payment of the Franchise Fees for private person tow requests, such as AAA,
or on junked vehicles, with a junk certificate, with a value of $300 or less.
B. The report mentioned in Section 18 shall accompany the monthly Franchise Fee
payments from the OPTS.
C. The Franchise Fees shall be paid on a quarterly basis to the City's Administrative
Services Department on January 15th, April 15th, July 15th and October 15th. The
OPTS shall not be responsible for payment of an administrative fee to the City for
the towing of vehicles in the specified circumstances set forth hereinabove. Any
fees which remain unpaid after the monthly installment due date shall be
delinquent, and shall be subject to the procedures and penalties outlined in
Arcadia Municipal Code sections 1800 and 1801 , or as they may hereafter be
amended. Non - payment of the administrative fees and charges by the OPTS shall
be grounds for termination of this Contract and the OPTS's participation in the
City's towing program.
D. The Franchise Fee may be adjusted annually by resolution of the City Council to
reflect the City and the Arcadia Police Department's current costs for operating
the towing program. Any such adjustment shall be applicable to the OPTS upon
ten (10) days written notice of the adoption of such resolution.
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E. The City retains the right to impose alternative forms of taxes and /or fees, to the
extent permitted by law, in the event that the fees provided for in the towing
services agreements are no longer assessable due to a subsequent change in
federal, state or local law.
F. The OPTS must make available to the Arcadia Police Department, the City or
their designated representative(s), upon three (3) day's written notice, its
accounting records and books for inspection and audit. The Arcadia Police
Department, the City or their designated representative(s) agree to maintain the
confidentiality of such accounting records and books. The OPTS shall submit
monthly documentation detailing its operations on behalf of the City in a format
that is acceptable to the Arcadia Police Department. Such documentation shall
include the following information: the date, time, location, case number (if any),
vehicle description (including make, model and vehicle license number) and a
brief description of the circumstances surrounding the tow (traffic collision,
Department impound etc.). The OPTS shall maintain these records for a period of
three (3) years. If the results of the audit show a Franchise Fee underpayment of
greater than five (5) percent, the OPTS will pay the cost of the audit plus 50
percent of the total error as a penalty in addition to any amount owed as shown by
the audit. If the results of the audit show an underpayment of less than five (5)
percent or an overpayment, the City shall pay its own costs associated with the
audit. Any underpayment and resulting penalty shall accrue interest at the rate of
ten percent per annum, compounded daily from the date the underpayment should
have been paid pursuant to subsection C above.
G. In the event the results of the audit are disputed, the City may, at its sole
discretion, elect to arbitrate the dispute. In the event the City elects to arbitrate,
the City and the OPTS shall each select an independent auditor at their own cost.
The two auditors shall agree upon the results of the audit. If the two independent
auditors cannot agree upon the results of the audit, a third auditor will be selected
by the two independent auditors to make a final determination. The determination
of the third independent auditor shall be final.
H. By accepting and signing this Contract, the OPTS irrevocably waives the defenses
of any statute of limitation, laches, waiver or other equitable doctrine of similar
import or effect in any action brought by the City to recover any fees, interest or
penalties due under this Contract.
I. By accepting and signing this Contract, the OPTS agrees that if it challenges the
right of the City to collect the Franchise Fees provided by this Contract, any relief
requested by the OPTS and awarded to it by virtue of such challenge shall be
prospective only from and after the date of the filing of the initial pleading
seeking such relief in a court of competent jurisdiction. The OPTS hereby waives
any and all claims or rights to collect back from the City, or obtain credit against
future payment obligations, any amounts collected by the City prior to the filing
of the initial pleading seeking such relief. In the event the OPTS's challenge to
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any Franchise Fee payments should result in an initial judgment in its favor, the
OPTS shall continue to make all Franchise Fee payments in accordance with this
Contract pending an appeal by the City. In the event the court of appeal, or trial
court if the City elects not to appeal, determines that the City is not entitled to
collect any or all of the Franchise Fees, the City shall refund to the OPTS those
portions of the Franchise Fee which the court deems the City was not entitled to
collect which were made subsequent to the filing of the initial action by the
OPTS, exclusive of interest on such amount.
24. ACCEPTANCE OF PAYMENT
The operator shall accept payment by a valid bank credit card or cash for towing and storage
charges. The operator shall have sufficient funds on the premises to accommodate and make
change in a reasonable monetary transaction. This payment can be accepted from the registered
owner, legal owner or the agent claiming the vehicle in accordance with California Vehicle Code
section 22651.1.
25. SIGNS AND ADVERTISING
The OPTS shall not display any signs or advertising material which indicates that his/her
business is an official towing service or police storage facility of the City of Arcadia.
26. INDEMNITY, DUTY TO HOLD HARMLESS AND DUTY TO DEFEND
A. Duty to Indemnify /Hold Harmless
To the fullest extent permitted by law, the OPTS agrees to indemnify, defend, protect, hold
harmless, and assume all liability of the City of Arcadia, its elected officials, officers, employees,
agents and volunteers (collectively "Indemnified Parties ") from and against all claims (including,
without limitation, claims for bodily injury, death, damage to property or workers' compensation
benefits), demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees,
disbursements and costs, and all other professional, expert or consultant's fees) of every kind and
nature whatsoever (individually, a "claim "; collectively, "claims "), whether under state or federal
law, which may arise from or are in any manner related to the provision of towing services by
the OPTS pursuant to this Contract, regardless of any active or passive negligence or strict
liability of the Indemnified Parties, and further agrees to indemnify the Indemnified Parties,
regardless of whether the Claim or Claims is /are asserted by an elected official, officer,
employee, agent or volunteer of the City of Arcadia.
The OPTS understands and acknowledges that the indemnification obligation hereunder,
includes, but is not limited to, a "Type I" indemnity under California law and extends to and
includes all claims arising from the active or passive negligence of the Indemnified Parties.
The OPTS further understands and acknowledges that the indemnification obligation hereunder
extends to workers' compensation claims made by any elected officials, officers, employees,
agents or volunteers of the City of Arcadia which may arise from or are in any manner related to
the provision of towing services by the OPTS pursuant to this Contract.
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B. Duty to Defend
The duty to defend hereunder is wholly independent of and separate from the duty to indemnify
and such duty to defend exists regardless of any ultimate liability of the Indemnified Parties.
Such defense obligation, which shall be managed by the OPTS, shall arise immediately upon
presentation of a Claim by any party and written notice of such Claim being provided to the
OPTS. Payment to the OPTS by any Indemnified Party or the payment or advance of defense
costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified
Party's rights to indemnification hereunder. The OPTS's duties to indemnify, defend and hold
harmless pursuant to this Contract shall survive the either the expiration or earlier termination of
this Contract until such time as any legal action against the Indemnified Parties for any such
matters indemnified hereunder are fully and finally barred by all applicable statutes of limitation
or statutes of repose. Under no circumstances shall the insurance requirements and limits set
forth in this Contract be construed to limit the OPTS's duties to indemnify, defend or hold
harmless pursuant to this Contract.
C. Disputes between the City and the OPTS Concerning this Contract
Disputes between the OPTS and the City concerning the provision of towing services to the City
of Arcadia pursuant to the towing services Contract are excluded from the duty to indemnify,
defend and hold harmless.
27. LIABILITY INSURANCE
The OPTS shall, at its own cost and expense, maintain policies of insurance affording protection
against third party bodily injury liability and property damage liability occasioned by reason of
the provision towing services, impoundment and storage of vehicles. The minimum insurance
established for the following categories are:
General Liability Insurance — The OPTS agrees to maintain a comprehensive general liability
insurance policy with a combined single limit for bodily injury and property damage of not less
than Three Million Dollars ($3,000,000.00).
Commercial Business Automobile Liability (as required by Section 16500.5 California Vehicle
Code) - Bodily injury and property damage with a combined single limit of not less than Three
Million Dollars ($3,000,000.00). The policy shall also include owner, non- owner, and hired auto
coverage.
Uninsured Motorist — Legal minimum, combined single limits.
On -Hook Coverage— Insuring the vehicle in tow with limits based on the size of the tow truck.
a. Class A Tow Truck $25, 000
b. Class B Tow Truck $50, 000
c. Class C Tow Truck $100, 000
d. Class D Tow Truck $100, 000
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Garage Liability — includes premises and operations. Coverage for bodily injury and property
damage with a combined single limit of not less than Three Million Dollars ($3,000,000.00).
Garage Keepers Liability — Shall be the same minimum as On -Hook Coverage for vehicles in the
care, custody and control of the operator in the storage yard.
The OPTS shall obtain and maintain at all times in full force and effect during the term of this
Contract all insurance policies and coverage listed above. The OPTS further agrees to submit to
the Arcadia Police Department certificates of insurance and endorsement pages naming "the City
of Arcadia, its elected and appointed officials, officers, employees, agents, and volunteers as
additional insureds." Any and all insurance obtained and provided pursuant to this Contract shall
not be canceled prior to the termination of this Contract. The OPTS agrees to deliver a copy of
all insurance policies, endorsements, and certificates to the Arcadia Police Department, which
are subject to the approval of the City Attorney as to form, thirty (30) days in advance of the
effective date of this Contract.
The OPTS further agrees that its insurance shall be primary insurance with respect to any claims,
losses, or liability arising from the provision of towing services by the OPTS pursuant to this
Contract, and that the insurance carried by the City of Arcadia shall be excess and not
contributory with the insurance provided by the OPTS. The OPTS further agrees to provide an
endorsement to its insurance policies with such language. The OPTS further agrees to notify
City in writing at least thirty (30) days prior to any cancellation or reduction in coverage in
OPTS's insurance coverage for any insurance providing coverage for the services relating to this
Contract. OPTS further agrees that it will provide the City with prompt and timely notice of any
Claim made or suit instituted arising from or any way related to
Coverage is to be provided by insurers admitted /authorized to do business in the State of
California and approved by the City. Defense coverage must be in addition to policy limits. If
umbrella coverage is used, it must include drop down coverage if underlying coverage does not
apply, and the umbrella policy must have the same starting and ending date as the primary
policy.
The OPTS shall have the sole right to select its insurance carrier(s), provided such carrier
lawfully transacts business in the State of California. However, all insurance required by this
Contract must be issued by companies admitted to do business in California, rated "A" or better
in the most recent edition of Best's Key Rating Guide, unless these requirements are waived by
the City Attorney of the City due to unique circumstances. In the event the City Attorney
determines that the work or services to be performed under this Contract creates an increased or
decreased risk of loss to the City, the OPTS agrees that the minimum limits of any insurance
policies and /or performance bond required by this Contract may be changed accordingly upon
receipt of written notice from the City Attorney; provided that the OPTS will have the right to
appeal a determination of increased coverage by the City Attorney to the City Council of the City
within ten (10) days of receipt of notice from the City Attorney.
The OPTS shall not perform any services pursuant to this Contract unless and until all insurance
policies and coverage set forth herein are obtained and copies of said policies, endorsements and
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certificates are provided to the City of Arcadia in accordance with the provisions specified
above.
28. WORKERS COMPENSATION INSURANCE
The OPTS further agrees to, at its own cost expense, maintain a policy of Worker's
Compensation insurance providing coverage of persons employed by the OPTS in connection
with work performed in, upon, or around the vehicle to be towed, stored or impounded during
the period covered by this towing service Contract.
29. ASSIGNMENT ON TRANSFER OF SERVICE CONTRACT
The OPTS shall not sell, transfer, lease, assign, sublet, mortgage or dispose of in whole or in
part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation or
otherwise, or any rights or privileges herein granted, without the prior written consent of the
Chief of Police, or his /her designee. The Chief of Police, or his /her designee's approval of a
transfer or assignment of this Contract shall be conditioned upon the OPTS's sale or disposal of
all ownership rights in the OPTS's tow truck business. If the OPTS desires to transfer or assign
its rights in the tow truck business, because he or she intends to sell or dispose of all interests in
the tow truck business that is authorized to perform towing services with the City, the OPTS
shall make a written request to the City of Arcadia for a transfer or assignment of the Contract.
The written request, along with a deposit fee of one thousand dollars ($1,000.00) to cover the
City's reasonable investigation costs, and the proposed sale agreement or other document
evidencing disposal of the tow truck business shall be submitted to the Arcadia Police
Department at least one hundred twenty (120) calendar days before the requested effective
transfer or assignment date. The City of Arcadia shall investigate the proposed transferee or
assignee and determine whether the transferee or assignee is qualified to serve as a tow truck
operator pursuant to the criteria and requirements set forth herein. Such decision shall be in the
sole and absolute discretion of the City of Arcadia. If the Arcadia Police Department determines
that the proposed transferee or assignee is qualified to be a tow truck operator, it will recommend
that the City Council approve the transfer or assignment. Upon completion of the investigation
process, the City of Arcadia shall provide the OPTS with an accounting of the administrative and
legal costs associated with the City's review of the OPTS's request for a transfer or assignment of
the Contract, and refund or request additional funds as appropriate. Any attempt to sell, transfer,
lease, assign or otherwise dispose of the Contract without the prior written consent of the City of
Arcadia shall be null and void.
30. RISK
The OPTS assumes all risk in the event of damage, theft, fire of the vehicles or any property
towed and stored by the OPTS, its employees or agents. Any and all claims, demands or liability
arising out of or encountered in connection with this Contract shall be borne by the OPTS.
31. TERM OF TOW CONTRACT
The initial term of this Contract will be for three years from the effective date. The Contract
shall automatically renew for three (3) additional one -year periods, unless previously terminated
by either of the parties hereto.
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32. OFFICIAL POLICE TOW SERVICE/ ARCADIA POLICE DEPARTMENT
COMMUNICATIONS
The Administrative Division Captain, or his /her designee, shall conduct meetings to discuss
issues of concern with respect to performance by the OPTS under the Contract. These meetings
shall be mandatory for the operator, or his /her designee. The Arcadia Police Department shall
give the operator five (5) days advance written notice of these meetings.
33. SUSPENSION OF CONTRACT
Compliance with Contract
The OPTS agrees that failure to comply with the terms and conditions of this Contract shall be
cause for WRITTEN WARNING, SUSPENSION OR TERMINATION OF THE CONTRACT,
The Arcadia Police Department will investigate alleged violations of the OPTS Contract. The
OPTS will be notified of the findings in writing within thirty (30) days of the initiation of the
investigation.
Disciplinary Action
The Administrative Division Captain shall use the following guidelines for action against
operators found in violation of this Contract. This is only a guide, with the Administrative
Division Captain having discretion for serious violations, such as criminal offenses.
ls` Violation within 12 consecutive months
WRITTEN WARNING
2nd Violation within 12 consecutive months
WRITTEN WARNING
3rd Violation within 12 consecutive months
30 day SUSPENSION
4`h Violation within 12 consecutive months
60 day SUSPENSION
In the event the Arcadia Police Department serves the OPTS with a notice of suspension, the
OPTS may request a hearing within seven (7) calendar days by submitting a request in writing to
the Chief of Police. The hearing shall be held as soon as practicable. The hearing shall be
conducted by the Chief of Police, or his/her designee. The OPTS shall be entitled to present all
relevant information, evidence and circumstances in support of its position. The OPTS shall be
notified in writing of the Chief of Police, or his /her designee's, final decision concerning the
suspension within seven (7) calendar days of the date of the hearing.
The OPTS may appeal the Chief of Police's decision concerning a suspension for a hearing de
novo before the City Manager, or his/her designee. The OPTS must serve a written notice of
appeal on the City pursuant to the notice provisions set forth herein within ten (10) calendar days
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of the date upon which the Chief of Police, or his /her designee's, decision becomes effective.
The OPTS's notice of appeal must set forth the grounds for its appeal in clear and concise
language, which shall include a summary of the claimed factual or decisional error. If the OPTS
fails to request a hearing or appeal within the specified deadlines, or fails to appear at a
scheduled hearing or appeal, the action taken by the Chief of Police, or his /her designee, shall be
final and the suspension shall take effect upon written notification to the OPTS by the Chief of
Police.
The City Manager, or his /her designee, shall conduct the hearing on the administrative appeal.
The hearing shall be held as soon as practicable, but in no event later than thirty (30) days from
the notice of appeal therefore unless both parties agree in writing to an extension of time for the
hearing. The City Manager, or his /her designee's, decision on an issue shall be deemed final.
A suspension shall not take effect until the hearing and administrative appeal process have been
exhausted. However, the Chief of Police, or his/her designee, shall have the authority to suspend
the Contract effective immediately if, in the sole and absolute discretion of the Chief of Police,
or his /her designee, the conduct by the OPTS or its agents is deemed to constitute a danger to the
public or constitutes a gross violation of the terms and conditions of this Contract.
34. TERMINATION OF CONTRACT
A. Termination without Cause.
Either party may terminate this Contract at any time, without cause, upon
providing 30 days' written notice to the other party. Upon receipt of the notice of
termination from the City, the OPTS must immediately cease all work or services
except as may be specifically approved by the City. The OPTS will be entitled to
compensation for all services rendered prior to the effectiveness of the notice of
termination and for additional services specifically authorized by the City. The
City will be entitled to reimbursement for any expenses that have been paid for
but not rendered.
B. Termination for Cause.
In the event the OPTS, or any of its officers, directors, shareholders, employees,
agents, subsidiaries, or affiliates is convicted; (i) of a criminal offense as an
incident to obtaining or attempting to obtain a public or private contract or
subcontract, or in the performance of a contract or subcontract; (ii) under state or
federal statutes of embezzlement, theft, forgery, bribery, falsification or
destruction of records, receiving stolen property, or any other offense indicating a
lack of business integrity or business honesty which currently, seriously, and
directly affects responsibility as a public consultant or contractor; (iii) under state
or federal antitrust statutes arising out of the submission of bids or proposals; or
(iv) of violation of section 36 of this Contract, or for any other cause the City
determines to be so serious and compelling as to affect provider's responsibility
as a public consultant or contractor, including but not limited to, disbarment by
another governmental agency, then the City reserves the unilateral right to
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terminate this Contract upon providing the OPTS with ten (10) days' written
notice of termination, or to impose such other sanctions (which may include
financial sanctions, temporary suspensions, or any other condition deemed
appropriate short of termination) as it deems proper. In the event that the City
terminates the Contract for cause, the OPTS shall be entitled to the hearing and
appeal rights set forth in paragraph 33 above. However, termination for cause
pursuant to this paragraph shall be effective upon expiration of the ten (10) days'
notification period set forth above.
35. FORCE MAJEURE
If any party fails to perform its obligations because of strikes, lockouts, labor disputes,
embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor
or materials, governmental restrictions, governmental regulations, governmental controls,
judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or
other causes beyond the reasonable control of the party obligated to perform, then that party's
performance will be excused for a period equal to the period of such cause for failure to perform.
36. CONFLICT OF INTEREST
A. No officer or employee of the City may have any financial interest, direct or
indirect, in this Contract, nor may any officer or employee participate in any
decision relating to the Contract that effects the officer or employee's financial
interest or the financial interest of any corporation, partnership or association in
which the officer or employee is, directly or indirectly interested, in violation of
any law, rule or regulation.
B. No person may offer, give, or agree to give any officer or employee or former
officer or employee of the City, nor may any officer or employee of the City
solicit, demand, accept, or agree to accept from another person, a gratuity or an
offer of employment in connection with any decision, approval, disapproval,
recommendation, preparation or any part of a program requirement or a purchase
request, influencing the content of any specification or procurement standard,
rendering of advice, investigation, auditing, or in any other advisory capacity in
any way pertaining to any program requirement, contract or subcontract, or to any
solicitation or proposal.
37. NOTICES
Any notice required to be given under this Contract shall be given by placing such notice in the
United States mail, postage prepaid, addressed as follows:
OPTS:
City:
Jan's Towing Inc.
Arcadia Police Department
Attn: Jan Qualkenbush
Attn: Chief of Police
PO BOX 67
250 W. Huntington Drive
Glendora, Ca. 91740
P.O. Box 60021
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or to such other address as may be indicated by notice in writing. Such notice shall be deemed
made when personally delivered or when mailed forty -eight (48) hours after deposit in the U.S.
mail, first -class postage prepaid and addressed to the party at its applicable address.
38. AUTHORITY TO ENTER CONTRACT.
The City and the OPTS warrant that the individuals who have signed this Contract have the legal
power, right and authority to enter into this Contract so as to bind each respective party to
perform the conditions contemplated herein.
39. SEVERABILITY.
If any portion of this Contract is declared by a court of competent jurisdiction to be invalid or
unenforceable, the remaining provisions of this Contract shall continue in full force and effect.
40. ATTORNEYS' FEES AND COSTS.
If any legal action or other proceeding is brought for the enforcement of this Contract or because
of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of
this Contract, the prevailing party, as determined by the court, shall be entitled to recover reason-
able attorneys' fees and other costs incurred in that action or proceeding, in addition to any other
relief to which it may be entitled.
41. GOVERNING LAW AND VENUE.
This Contract shall be construed in accordance with and governed by the laws of the State of
California. Any lawsuit brought to enforce this Contract shall be brought in the appropriate court
in San Bernardino County, State of California.
42. WAIVER.
No waiver of any provision of this Contract shall be deemed or shall constitute a waiver of any
other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No
waiver shall be deemed a waiver and no waiver shall be binding unless executed in writing by
the party making the waiver.
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Arcadia, CA. 91066 -0021
City Attorney for the City:
City Attorney for City of Arcadia
c/o Best Best & Krieger LLP
Attn: Stephen Deitsch
3750 University Avenue, Suite 400
Riverside, CA 92502
or to such other address as may be indicated by notice in writing. Such notice shall be deemed
made when personally delivered or when mailed forty -eight (48) hours after deposit in the U.S.
mail, first -class postage prepaid and addressed to the party at its applicable address.
38. AUTHORITY TO ENTER CONTRACT.
The City and the OPTS warrant that the individuals who have signed this Contract have the legal
power, right and authority to enter into this Contract so as to bind each respective party to
perform the conditions contemplated herein.
39. SEVERABILITY.
If any portion of this Contract is declared by a court of competent jurisdiction to be invalid or
unenforceable, the remaining provisions of this Contract shall continue in full force and effect.
40. ATTORNEYS' FEES AND COSTS.
If any legal action or other proceeding is brought for the enforcement of this Contract or because
of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of
this Contract, the prevailing party, as determined by the court, shall be entitled to recover reason-
able attorneys' fees and other costs incurred in that action or proceeding, in addition to any other
relief to which it may be entitled.
41. GOVERNING LAW AND VENUE.
This Contract shall be construed in accordance with and governed by the laws of the State of
California. Any lawsuit brought to enforce this Contract shall be brought in the appropriate court
in San Bernardino County, State of California.
42. WAIVER.
No waiver of any provision of this Contract shall be deemed or shall constitute a waiver of any
other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No
waiver shall be deemed a waiver and no waiver shall be binding unless executed in writing by
the party making the waiver.
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43. DAYS.
Any term in this Contract referencing time, days, or period for performance shall be deemed to
be calendar days and not work days.
44. ENTIRE AGREEMENT.
This Contract contains the entire agreement of the City and the OPTS and supersedes any prior
oral or written statements or agreements between the City and the OPTS. No supplement,
modification, or amendment of this Contract shall be binding unless executed in writing by both
the City and the OPTS. The OPTS represents that it has conducted all due diligence and
investigation prior to entering into this Contract, and has not relied upon any representations that
are not set forth herein as an inducement to enter into this Contract.
45. BINDING ON ASSIGNS.
Each and all of the terms, covenants and conditions of this Contract shall be binding on and shall
inure to the benefit of the successors and assigns of the City and the OPTS.
46. CAPTIONS.
The captions of the various sections, articles and /or paragraphs of this Contract are for the
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Contract or of any part or parts of this Contract.
47. CONSTRUCTION.
In all cases, the language in all parts of this Contract shall be construed simply, according to its
fair meaning and not strictly for or against any party, it being agreed that the City and the OPTS
or their respective agents have all participated in the preparation of this Contract.
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48. COOPERATION / FURTHER ACTS.
The City and the OPTS shall fully cooperate with one another in attaining the purposes of this
Contract and, in connection therewith, shall take any such additional further acts and steps and
sign any such additional documents as may be necessary, appropriate and convenient as related
thereto.
IN WITNESS WHEREOF, the City and the Official Police Tow Service have caused the within
agreement to be executed by their respective officers hereunto duly authorized.
CITY OF ARCADIA
William R. Kelly
City Manager
Dated: *jb�
Stephen P. Deitsch
City Attorney
JAN'S TOWING INC.
By:
J Qualkenbush
resident
Date: - 5 q7
CONCUR:
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Department Head Date
48. COOPERATION / FURTHER ACTS.
The City and the OPTS shall fully cooperate with one another in attaining the purposes of this
Contract and, in connection therewith, shall take any such additional father acts and steps and
sign any such additional documents as may be necessary, appropriate and convenient as related
thereto.
IN WITNESS WHEREOF, the City and the Official Police Tow Service have caused the within
agreement to be executed by their respective officers hereunto duly authorized.
CITY OF ARCADIA
By:
William R. Kelly
City Manager
Dated:
ATTEST:
City Clerk
APPROVED AS TO FORM:
. & , o.
Stephen P. Deitsch
City Attorney
JAN'S TOWING INC.
By:
Qualkenbush
sident
Date:
A4 24W104
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Department Ifead Date