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HomeMy WebLinkAboutReso 1973-6843RESOLUTION NO. 6843 RESOLUTION OF TFiE CITY COi7NCII~ OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS FOR EMERGENCY T06dING SERVICES WITHIN THE CITY OF CHULA VISTA AND AUTHO- RIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: That those certain agreements between the City of Chula Vista, a municipal corporation, and Arnold's Garage, Mote's Towing, Paxton's Garage, and Tony's Mobil Service, to provide emergency towing services within the City of Chula Vista, dated t:ze 1st day of May, 1973, copies of which are attached hereto and incorporated herein by reference be, and the same are hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreements for and on behalf of said City. Presented by Approved as to form by ~~ Geor D. Lindberg, City At rney orge Lindberg, City Atto y ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIP., this 1st day of Mav 1973 , by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton NAYES: Councilmen Pdone ABSENT: Councilmen None ATTEST ,~ ~ ,- t' ° -i City C erk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) A?ayor of the City of Chula Vista I, , City Clerk of the City of Chula Vista, Cali ornia, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk POLICE TOWING AGREEMENT THIS AGREEMENT, made and entered into this 1st day of May , 1973, by and between THE CITY OF CHULA VISTA, and ARNOLD'S GARAGE, 326 F Street, Chula Vista, California, hereinafter called "Contractor": W I T N E S S E T H WHEREAS, the City of Chula Vista desires to contract for the purpose of providing police emergency towing services pursuant to the provisions of Sections 31.60, 31.61 and 31.62 of the Chula Vista City Code, and the policy established by Resolution No. 4192. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto mutually agree as follows: 1. Participation. Contractor shall equally participate with the other towing services whose bids are accepted and who are awarded a contract, in the exclusive right to all police requested towing in the City of Chula Vista. Police requested towing shall not include: (a) Requests at the instance of motorists for an automobile club representative or a specific tow operator; or (b) Requests to two City-owned vehicles. 2. Insurance. Contractor shall be insured by an insurance carrier accepta le to t e City against loss from fire, theft, and public liability and shall file evidence of same with City. Minimum limits of coverage for public liability shall be $250,000/$500,000 for bodily injury and $50,000 for property damage. 3. Assignment. Contractor shall not assign this agreement or any right or interest hereunder, without the prior written consent of the City. An assignment without consent or by operation of law shall automatically terminate this agreement. 4. Hold Harmless. Contractor shall assume the defense of and indemnify and save harmless the City from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of this contract. 5. Default. This agreement may be terminated by the City if Contractor: (a) Ceases operations for any reason, or fails or refuses to promptly answer police calls for towing service; or (b) Fails to comply with the operating regulations or the fee schedule as set forth in Resolution No. 4192 attached hereto and incorporated herein by reference. 6. Performance At all times during the term of this agreement, Contractor shall comply with the eligibility requirements set forth in Resolution No. 4192. In the event Contractor fails to comply with the above requirements, the City shall give written notice of same and may terminate this agreement if Contractor fails to comply within thirty (30) days from the date of notice. 7. Fee Schedule. The fee schedule set forth in Resolution No. 4192 may be reviewed and revised at any time upon mutual agree- ment of the parties. 8. City Liability. City shall not be liable to Contractor for charges incurred in connection with the towing or storage of any vehicle not owned by the City. 9. Records. Contractor shall maintain complete records of all police requested towing and storage transactions, including con- secutively numbered receipts and the same shall be open for inspection by the Police Department and the Director of Finance at any reasonable time. 10. Notices. All notices to Contractor shall be mailed to: ARNOLD'S GARAGE 326 F Street Chula Vista, California All notices to City shall be mailed to: Chief of Police Chula Vista Police Department 276 Fourth. Avenue Chula Vista, California 11. Waiver. The failure of either party to insist upon strict performance of any provisions of this agreement in one or more instances shall not be construed as a waiver of any such provision, and the same shall remain in full force. 12. Term. The term of this agreement shall be for an indefinite period, provided, however, that the Police Department shall review the operation of the towing contractor annually on or about the anniversary date of the agreement to insure that the operator fully complies with the requirements as imposed by the City of Chula Vista. The City may, upon presentation of written notice to the oper- ator, terminate this agreement at their discretion ninety (90) days from the date of said notice. The same termination rights are extended to the operator. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Mayor o~ the City of Chula Vi,~'ta ' City Clerk ~'~ CONTRACTOR; ARNOLD'/S GARAGE -, ~ Haze D. Arnold Approved as to form by --~ , , <~ ~ ~ ~=,~ ~~~ City~'Attorney - 2 - ,~~v ~'~~ POLICE TOWING AGREEMENT THIS AGREEMENT, made and entered into this 1st day of May , 1973, by and between THE CITY OF CHULA VISTA, and MOTE'S TOWING, 199 Broadway, Chula Vista, California, hereinafter called "Contractor": W I T N E S S E T H WHEREAS, the City of Chula Vista desires to contract for the purpose of providing police emergency towing services pursuant to the provisions of Sections 31.60, 31.61 and 31.62 of the Chula Vista City Code, and the policy established by Resolution No. 4192. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto mutually agree as follows: 1. Participation. Contractor shall equally participate with the other towing services whose bids are accepted and who are awarded a contract, in the exclusive right to all police requested towing in the City of Chula Vista. Police requested towing shall not include: (a) Requests at the instance of motorists for an automobile club representative or a specific tow operator; or (b) Requests to two City-owned vehicles. 2. Insurance. Contractor shall be insured by an insurance carrier acceptor le to the City against loss from fire, theft, and public liability and shall file evidence of same with City. Minimum limits of coverage for public liability shall be $250,000/$500,000 for bodily injury and $50,000 for property damage. 3. Assignment. Contractor shall not assign this agreement or any right or interest hereunder, without the prior written consent of the City. An assignment without consent or by operation of law shall automatically terminate this agreement. 4. Hold Harmless. Contractor shall assume the defense of and indemnify and save harmless the City from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of this contract. 5. Default. This agreement may be terminated by the City if Contractor: (a) Ceases operations for any reason, or fails or refuses to promptly answer police calls for towing service; or (b) Fails to comply with the operating regulations or the fee schedule as set forth in Resolution No. 4192 attached hereto and incorporated herein by reference. 6. Performance. At all times during the term of this agreement, Contractor shall comply with the eligibility requirements set forth in Resolution No. 4192. In the event Contractor fails to comply with the above requirements, the City shall give written notice of same and may terminate this agreement if Contractor fails to comply within thirty (30) days from. the date of notice. ~'6 ~~~ - 1 - r 7. Fee Schedule. The fee schedule set forth in Resolution No. 4192 may be reviewed and revised at any time upon mutual agree- ment of the parties. 8. City Liability. City shall not be liable to Contractor for charges incurred in connection with the towing or storage of any vehicle not owned by the City. 9. Records. Contractor shall maintain complete records of all police requested towing and storage transactions, including con- secutively numbered receipts and the same shall be open for inspection by the Police Department and the Director of Finance at any reasonable time. 10. Notices. All notices to Contractor shall be mailed to: MOTE'S TOWING 199 Broadway Chula Vista, California All notices to City shall be mailed to: Chief of Police Chula Vista Police Department 276 Fourth Avenue Chula Vista, California 11. Waiver. The failure of either party to insist upon strict performance of any provisions of this agreement in one or more instances shall not be construed as a waiver of any such provision, and the same shall remain in full force. 12. Term. The term of this agreement shall be for an indefinite perio'~, provided, however, that the Police Department shall review the operation of the towing contractor annually on or about the anniversary date of the agreement to insure that the operator fully complies with the requirements as imposed by the City of Chula Vista. The City may, upon presentation of written notice to the oper- ator, terminate this agreement at their discretion ninety (90) days from the date of said notice. The same termination rights are extended to the operator. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA CONTRACTOR: MOTE'S TOWING /,,, ., l a Mayor o~~-~he City of Chula Vis Duane Pudgil ~ ~~ ` ~ ~ ~J -1~ ATTES ~ ~~ ~~ ity Clerk Approved as to form by City rney z . r~t'(~y5`3 POLICE TOWING AGREEMENT THIS AGREEMENT, made and entered into this 1st day of May , 1973, by and between THE CITY OF CHULA VISTA, and PAXTON'S GARAGE, 107 Broadway, Chula Vista, California, hereinafter called "Contractor": W I T N E S S E T H WHEREAS, the City of Chula Vista desires to contract for the purpose of providing police emergency towing services pursuant to the provisions of Sections 31.60, 31.61 and 31.62 of the Chula Vista City Code, and the policy established by Resolution No. 4192. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto mutually agree as follows: 1. Participation. Contractor shall equally participate with the other towing services whose bids are accepted and who are awarded a contract, in the exclusive right to all police requested towing in the City of Chula Vista. Police requested towing shall not include: (a) Requests at the instance of motorists for an automobile club representative or a specific tow operator; or (b) Requests to two City-owned vehicles. 2. Insurance. Contractor shall be insured by an insurance carrier acceptable to the City against loss from fire, theft, and public liability and shall file evidence of same with City. Minimum limits of coverage for public liability shall be $250,000/$500,000 for bodily injury and $50,000 for property damage. 3. Assignment. Contractor shall not assign this agreement or any right or interest hereunder, without the prior written consent of the City. An assignment without consent or by operation of law shall automatically terminate this agreement. 4. Hold Harmless. Contractor shall assume the defense of and indemnify and save harmless the City from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of this contract. 5. Default. This agreement may be terminated by the City if Contractor: (a) Ceases operations for any reason, or fails or refuses to promptly answer police calls for towing service; or (b) Fails to comply with the operating regulations or the fee schedule as set forth in Resolution No. 4192 attached hereto and incorporated herein by reference. 6. Performance At all times during the term of this agreement, Contractor s ail comply with the eligibility requirements set forth in Resolution No. 4192. In the event Contractor fails to comply with the above requirements, the City shall give written notice of same and may terminate this agreement if Contractor fails to comply within thirty (30) days from the date of notice. 1 - ~(Oa ~~ -- 7. Fee Schedule. The fee schedule set forth in Resolution No. 4192 may be reviewed and revised at any time upon mutual agree- ment of the parties. 8. City Liability. City shall not be liable to Contractor for charges incurred in connection with the towing or storage of any vehicle not owned by the City. 9. Records. Contractor shall maintain complete records of all police requeste towing and storage transactions, including con- secutively numbered receipts and the same shall be open for inspection by the Police Department and the Director of Finance at any reasonable time. 10. Notices. All notices to Contractor shall be mailed to: PAXTON'S GARAGE 107 Broadway Chula Vista, California All notices to City shall be mailed to: Chief of Police Chula Vista Police Department 276 Fourth Avenue Chula Vista, California 11. Waiver. The failure of either party to insist upon strict performance of any provisions of this agreement in one or more instances shall not be construed as a waiver of any such provision, and the same shall remain in full force. 12. Term. The term of this agreement shall be for an indefinite period provided, however, that the Police Department shall review the operation of the towing contractor annually on or about the anniversary date of the agreement to insure that the operator fully complies with the requirements as imposed by the City of Chula Vista. The City may, upon presentation of written notice to the oper- ator, terminate this agreement at their discretion ninety (90) days from the date of said notice. The same termination rights are extended to the operator. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY ~" / , ___-;~7~ Mayor ofj ATTEST i OF CHULA VISTA ~- l ;'• i ?~-~G r L. . ~~.. the City of Chu: ,r' j~ -% City Clerk 'j ~~ l~ ~° ~'~,, / _a Vist L - ~.' CONTRACTOR: PAXTON'S GARAGE .) r. Approved as to form by ~~ :"' City Attorney `-' ~~~~~ L ,.{ POLICE TOWING AGREEMENT THIS AGREEMENT, made and entered into this 1st day of May , 1973, by and between THE CITY OF CHULA VISTA, and TONY'S MOBIL SERVICE, 300 E Street, Chula Vista, California, hereinafter called "Contractor": W I T N E S S E T H WHEREAS, the City of Chula Vista desires to contract for the purpose of providing police emergency towing services pursuant to the provisions of Sections 31.60, 31.61 and 31.62 of the Chula Vista City Code, and the policy established by Resolution No. 4192. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto mutually agree as follows: 1. Participation. Contractor shall equally participate with the other towing services whose bids are accepted and who are awarded a contract, in the exclusive right to all police requested towing in the City of Chula Vista. Police requested towing shall not include: (a) Requests at the instance of motorists for an automobile club representative or a specific tow operator; or (b) Requests to two City-owned vehicles. 2. Insurance. Contractor shall be insured by an insurance carrier acceptable to the City against loss from fire, theft, and public liability and shall file evidence of same with City. Minimum limits of coverage for public liability shall be $250,000/$500,000 for bodily injury and $50,000 for property damage. 3. Assignment. Contractor shall not assign this agreement or any right or interest hereunder, without the prior written consent of the City. An assignment without consent or by operation of law shall automatically terminate this agreement. 4. Hold Harmless. Contractor shall assume the defense of and indemnify an save armless the City from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of this contract. 5. Default. This agreement may be terminated by the City if Contractor: (a) Ceases operations for any reason, or fails or refuses to promptly answer police calls for towing service; or (b) Fails to comply with the operating regulations or the fee schedule as set forth in Resolution No. 4192 attached hereto and incorporated herein by reference. 6. Performance At all times during the term of this agreement, Contractor shall comply with the eligibility requirements set forth in Resolution No. 4192. In the event Contractor fails to comply with the above requirements, the City shall give written notice of same and may terminate this agreement if Contractor fails to comply within thirty (30) days from the date of notice. - 1 - ~~ Q J` 7. Fee Schedule. The fee schedule set forth in Resolution No. 4192 may be reviewed and revised at any time upon mutual agree- ment of the parties. 8. City Liability. City shall not be liable to Contractor for charges incurred in connection with the towing or storage of any vehicle not owned by the City. 9. Records. Contractor shall maintain complete records of all police requested towing and storage transactions, including con- secutively numbered receipts and the same shall be open for inspection by the Police Department and the Director of Finance at any reasonable time. 10. Notices. All notices to Contractor shall be mailed to: TONY'S MOBIL 300 E Street Chula Vista, SERVICE California All notices to City shall be mailed to: Chief of Police Chula Vista Police Department 276 Fourth Avenue Chula Vista, California 11. Waiver. The failure of either party to insist upon strict performance of any provisions of this agreement in one or more instances shall not be construed as a waiver of any such provision, and the same shall remain in full force. 12. Term. The term of this agreement shall be for an indefinite period, provided, however, that the Police Department shall review the operation of the towing contractor annually on or about the anniversary date of the agreement to insure that the operator fully complies with the requirements as imposed by the City of Chula Vista. The City may, upon presentation of written notice to the oper- ator, terminate this agreement at their discretion ninety (90) days from the date of said notice. The same termination rights are extended to the operator. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF C ULA VISTA ~'~-'>G~ f °1 ~ ~ C' Mayor o 'the City of C ula Vi to i' ~ ATTEST~:~ 1G ~~cc_. i ~ %C ~ ~~.~ _ -City Cle k <. Approved as to form by ~~ ~\ --~ / City Attorney CONTRACTOR: TONY'S MOBIL SERVICE /, v U, nt ony ar ton - 2 - /~P~~~