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Home My WebLink AboutReso 1971-5951 .. .' . ": . ~ , ' " ';" RESOLUTION NO. 5951 ":'. RESOLUTION OF THE CITY COUNCIL OF THE CITY 'OF, CHULA VISTA APPROVING AGREEMENTS FOR EMERGENCY TOWING ' SERVICES WITHIN THE CI~Y.OF CHULA VISTA. AND AUTHORIZING THE MAYOR TO EXECUTE SAME ,\ , , resolve ~ . . ~ '.' The City Council6f the City of : <;:.tlUla Vista d6es, ,hereby as follows,: '~ . . ~' _' C, t.. ~ ., < That, those 'certain agreements between the' Ci t'y. ',of Chula Vista', a,mul1icipal corporation, and Charles P. Mote, Arnold,'s Garage and Paxton's Garage', to provide emergency towing services within the City of'Chula Vista, dated the,lst day of February, 1~71, copies of which are ,~ttached hereto and incorporated herein by reference be,and the same are hereby approved.' BE'IT FURTHER 'RESOLVED that th'e Mayor bf the City',of Chula Vista:be" and he is' he'reby author ized and, directed' to execute said agreements for 'sind on behalf of said City. L ' . ~~':~J~ APprove~ a'~o fotm,oy, ,,~iniam J f;Wi~t~rs, Chief Of,.poli~e George B;' Lindberg~, Ci ty' Attolf/ , ....ADOPTED AND APPROVED ,by' the CITY COUNCIL of -the CITY OF CHULA VCI:STA,CALJ;.FqRNIA, this' 23rdday of, February", 1971; 'by the foll~wing vote, :t:<)-wi t: . '. AYES: ' Councilmen. Hyde, Egdahl, 'Scott, Hcibel,,';Hamilton ,. , . NAYES: " Councilmen None '. " .,' ABSENT: Councilmen None , , - /~>>~~ tfi' i. . .' , " Iilayor o~ the Cl ty 'of' Chula Vlsta ATTEST~W7~llJ\..~{-tJ/ . , Clty erk . ' STATE OF CALIFORNIA ) ,COUNTY OF SAN DIEGO ) ss;' ,,' CITY OF CHULA VISTA ) ,'" ,. " City Clerk qf the 'City of Chula that the above is ,a full,true and , and that'the same 'has hot been " ' I, Vista, California, DO HEREBY CERTIFY correct ,copy of Resolution No. alllended or repealed. DATED ,- ,. ", Ci ty,.'c;le.rk .:' ..... " ," . -., . " . '" .,'- " '.,. . " , ", , "I. .\ .. ." " .1. " .' ... . POLICE TOWING AGREEMENT THIS AGREEMENT, made and entered into tnis 23pd day of February , 1971, by and between THE CITY OF CHULA VISTA, ! municipal corporation, hereinafter called "City" and Arnold's Garage ~ereinafter called "Contractor": , WITNESSETH: ----------- i f I l I l . i I .1 , I ! 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 if 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 ,j ; i ! (b) Requests to tow 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 shal~ be $250,000.00/$500,000.00 for bodily injury and $50,000.00 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 descript~on, 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 {ails or xefuses 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. Perfor_~an~ At. all times duriQg the term of this agree-' ment, Contractor sh;:l1.l comply with the cligibili ty requirement,s 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 mer/ tenniClatc this agreement .if Contractor fails to comply within thirty (30) days from the date of notice. -1- ~-- $157. k./_. 7. Fee Schedule. No. 4192 may be reviewed 'and of the parties. The fee schedule set forth in Resolution revised at any time ~on mutual agreement 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: IILI ,,-r'; ~ ~ l~11 A.., (,- . ~ l{ -gQ.i"\ ~ aT'Il;.. I, M rH-l~LA- V/:~~jP, 9.).0,:' All notices to City shall be mailed to: Chj,ef 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 provision 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 forpe. 12. Term. The term of years, commencing on the 23rd this agreement shall be for two (2) day of Februarv , 1971. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA CONTRACTOR ~~~.~/~ ~U' \~ ;/C.. ~ " '7 ,/ cii:r Moyor 0 the. i ~ of Chula Vieta it. r. ATTEST u. j :2; .~ - ~.A Z City Clerk , Approved as to form by ~~~~~?~ George D(./Lindberg, City Attor~ey' -2- ;Y ps .5907 POLICE TOWING AGREEMENT THIS AGREEMENT, made and entered into th'is 23rd day of February , 1971, bi' and between THE CITY OF CHULl, VISTA, a municipal corporation, hereinafter called "City" and Mote's Towing hereinafter called "Contractor": . WIT N E SSE 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 acknm,ledged, 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 tow 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 shatl be $250,000.00/$500,000.00 for bodily injury and $50,000.00 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 \,i thout consent or by operation of la\, 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 descriptJon, 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 agree- ffi('mt, Contractor shall comply with th8 eligibility requirements set forth in .Resolution No. 4192. In the event Contractor fails to comply .,wi th 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- ~" .s95j /"- 7. Fee Schedule. No. 4192 may be reviewed and of the parties. The fee revised schedule set forth in Resolution at".any time u,pon mutual. agreement 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- secu.tively 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: .I\rnolds Garage. 326 UF" St.. Chula Vist~. Calif. 92010 " All notices to City shall be mailed to: Chief of Police Chula Vista Police DepartmAnt 276 Fourth Avenue Chula Vista, California 11. Waiver. The failure of either party to insist upon strict performance of any provision of this agreement in one or mor.e instances shall not be construed as a waiver of any such provision, and the same shall remain in full forpe. 12. Term. The term of this agreement shall be for two (2) years, commencing on the 1st day of February , 1971. IN WITNESS ~mEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. ~~ V~I ,7J/A2CON:::::: Mayor of the Ci ty I~r /f/j Clerk lillE/lft Ga=ge 8y./ ~., .I~ Owner Approved as to form by ~O . ~~.~~ George ~Lindberg, City ~ttorney . ~ , -2- .-----::> . '<L"cr:; <:;9(""/ I POLICE TOWING AGREEMENT THIS AGREmlENT, made and entered into th'is . 2'3v~ Februarv ' 1971, by and between TIm CITY OF Cll LA I.municipal corporation, hereinafter called "City" and Paxton's Garage lereinafter called "Contractor": day of VISTA, WIT N E SSE T H : ----------- . WHEREAS, the City of ChuIa vista desires to contract for the. )urpose of providing police emergency towing services pursuant to the )rovisions of Sections 31.60, 31.61 and 31.62 of the Chula vista City :ode, and the policy established by Resolution No. 4192. . I'. I i I I I I .. I , I I . ~. NOW, THEREFORE, in consideration of the premises and for )ther 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 tow 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 sha~l be $250,000.00/$500,000.00 for bodily injury and $50,000.00 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 ~efuses 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 duriQg the term of this agree-- ment, 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 termi~ate this agreement.if Con~ractor fails to comply wi thin thi:ct.y (30) days from the date of notice. -1- 71 r-s Sc;57 7. Fee Schedule. 'l'he fee schedule set forth in Resolution No. 4192 may be revie\~ed 'and revised at :any time \\pon mutual agreement of the parties. i i I I 8. ~ity Liability. City shall not be liable to Contractor for charges incurred in connection with the tmving 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: Paxton I S Garage 107 Broadway Chula Vista, CA 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 provision of this agreement in one or mor.e instances shall not be construed as a waiver of any such provision" and the same shall remain in full for~e. 12. Term. The term of this agreement shall be for two (2) years, commencing on the ?3rd day of l'''n''''"''''''~' , 1971. IN l'IITNESS l-IHEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth.' THE ,CITY OF CHULA VISTA CONTRACTOR City 8~~ ~~7~ ~ t?rl( & ~~ y;" (9-<-v'-;~ the City of Chula Vista Approved as to;,fO~~ /e;?e;;~ 0~~~~ George ~ Lindberg, City Attor~BY .. -2- ~s ~757