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HomeMy WebLinkAbout4.4 Agreement for Towing Services CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 26, 1987 SUBJECT Agreement for Towing Services for Abandoned Vehicles EXHIBITS ATTACHED Letter of Agreement Budget Change Form RECOMMENDATION 1) Approve program & authorize Mayor to execute agreement 2) Authorize budget transfer in the amount of $3 ,000.00 from the contingent reserve FINANCIAL STATEMEN ► ;A► The estimated cost for towing services for the remainder of fiscal year 1986-87 is $3, 000.00. The annual cost is approximately $6, 000. 00. A budget transfer from the contingent reserves is necessary to provide this service. DESCRIPTION The problem of abandoned vehicles in the city is an ongoing problem and continues to grow worse . Tow companies are reluctant to tow abandoned vehicles because they receive no towing fee , must store the vehicle for an extended period of time , and must ultimately complete the burdensome procedure for lien sale . Some tow companies pay a $50 .00 lien fee to a lien sale company to process the required documents . When the sale process is completed the abandoned vehicles are then hauled to Oakland and sold to a scrap metal dealer for about $29 . 00 per ton . Tow companies lose money on most abandoned vehicles they tow, so naturally they are reluctant to tow. It is estimated the Dublin Police Department tows approximately 250 abandoned vehicles , from city streets each year . The only tow company that will respond to a request from the police department to tow an abandoned vehicle is Gary ' s Tow, located at 57 California Street , Suite F, Pleasanton , California. In order to maintain this level of service , Gary ' s Tow, has agreed to continue towing abandoned vehicles for a city paid bonus of $25 .00 per vehicle . This fee will help defray costs associated with towing , storage , and lien sale . COPIES TO: ITEM NO. .: AGREEMENT FOR TOWING SERVICES FOR ABANDONED VEHICLES THIS AGREEMENT is made and entered into this 20th day , of January, 1987, by and between. the CITY OF DUBLIN • (hereinafter "DUBLIN") ,' a municipal corporation, and Gary Pinnella , doing business as GARY'S TOW ('hereinafter "GARY'S TOW") , 57 California Street, Suite F, Pleasanton, California, based on. the following understandings; W I T N E S SET H: WHEREAS, each month a number of motor vehicles are abandoned on the streets of Dublin, and said vehicles constitute a hazard to the welfare of the residents of Dublin; and WHEREAS, GARY'S TOW has the personnel and equipment to remove said abandoned vehicles from the streets of Dublin and store said vehicles; NOW, THEREFORE, based upon the foregoing mutual understandings, DUBLIN and GARY'S TOW agree as follows: - 1. Towing Services. GARY'S TOW. will be requested by the Dublin Police Department to remove vehicles which have been abandoned on public streets within the limits of DUBLIN. Said - request shall be evidenced by presentation to GARY'S TOW of a California-Highway- Patrol Form 180. 2. Availability of Service. GARY'S TOW shall remove said abandoned vehicles on a seven day per week, twenty-four hour per day basis, as may be necessary. • • 3. Fees for Service. GARY'S TOW `shall - charge DUBLIN a fee of Twenty-Five Dollars ($25.00) .per'.vehicle for towing and storing abandoned vehicles. . DUBLIN shall not be liable for : any fees or costs in excess of said sum. DUBLIN shall be invoiced once each month by GARY'S TOW for towing services rendered pursuant to this Agreement. A copy of California Highway Patrol Form 180 shall be attached to the invoice for each vehicle towed. DUBLIN shall pay said invoicewithin. fifteen (15) days of receipt. 4. Non-Exclusive Agreement. This Agreement is non-exclusive. DUBLIN shall retain the right to enter into identical agreements with any towing service provider who may_ express a willingness to provide the service described in this ' Agreement. 5. Proof of Insurance. GARY'S TOW shall provide DUBLIN with a Certificate of Insurance or other written proof that GARY' S TOW has liability insurance in an amount equal to $300 ,000 .00 per occurrence. 6. Indemnification. GARY'S TOW shall assume liability and pay all costs of defense, including legal fees and court costs or expenses caused by any negligent or wrongful acts, errors or omissions by GARY'S TOW. employees, agents and subcontractors which may occur in the performance, of the terms, duties and obligations of this Agreement. -2- :: • IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. CITY OF DUBLIN By: Mayor ATTEST: City Clerk GARY'S TOW By: /4( -3- CITY OF DU13 TL:N BUDGET CHANGE FORM ' FROM TO APPROPR-IATION ACCOUNT , .: A•10vNT ACCOUNT AMOUNT 3 3 1 � TRANSFER 3iuMENDMENT 1-1 108 705 22 3,000.00 1-1 201 705 04 3,000.00 • • ' USTIFICATION A BUDGET TRANSFER FROM CONTINGENT RESERVES IS NECESSARY TO • PROVIDE TOWING SERVICES'FOR THE REMAINDER OF FISCAL YEAR 86/87. - AS APPROVED ON COUNCIL MEETING 1/12/87. • TEMITIZED COST _ POLICE DEPT. OPERATING EXP. 3,000.00 • • • • • , _ TOTAL 3,000.00 I : ITY ( d/d7 DATE - IANAGER APPROVAL T Y - -. OUNCIR APPROVAL DATE t •