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HomeMy WebLinkAbout4.3 Towing Service Agreement CITY OF DUBLIN 00 -30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 9, 1987 SUBJECT Agreement for Towing Services for Abandoned Vehicles EXHIBITS ATTACHED Agreements RECOMMENDATION Authorize Mayor to execute agreements with Allen' s Towing and Save Tow FINANCIAL STATEMENT: These agreements provide that the City will pay each tow company $25.00 for each vehicle towed. ' DESCRIPTION At the meeting on 1 -12-87, the City Council approved using Gary' s Tow to remove abandoned vehicles from the city streets. Two additional tow companies, Allen' s Towing, 6401 Dublin Boulevard, Dublin; and Save Tow, 38 Beta Court, San Ramon, have requested inclusion in this program. Staff has prepared agreements which are consistent with the one adopted earlier by the City Council. The order of rotation is maintained by Sheriff ' s dispatch. Once used, the tow company is placed on the bottom of the rotation list. Staff recommends that the Council approve agreements with Allen' s towing and Save tow. -------------------------------------------------------------------------- COPIES TO: ITEM NO. �a r. r _ �n - AGREEMENT FOR TOWING SERVICES FOR ABANDONED VEHICLES THIS AGREEMENT is made and entered into this day of by and between the City of Dublin (hereinafter "DUBLIN" ) , a municipal corporation, and Jeff Kapci doing business as Save Tow of Dublin (hereinafter "SAVE TOW" ) , 38 Beta Court C-8, San Ramon, California, based on the following understandings; W I T N E S S E T 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, SAVE TOW has the personnel and equipment to remove said abandoned vehicles from the street of Dublin and store said vehicles; NOW, THEREFORE, based upon the foregoing mutual understandings, DUBLIN and SAVE TOW agree as follows: 1 . Towing Services. SAVE 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 SAVE TOW of a California Highway Patrol Form 180. 2. Availability of Service. SAVE 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.. SAVE 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 SAVE 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 invoice within 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. SAVE TOW shall provide DUBLIN with a Certificate of Insurance or other written proof that SAVE TOW has liability insurance in an amount equal to $300,000.00. per occurrence. 6. Indemnification. SAVE 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 SAVE 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 SAVE TOW By: // J ff K Zc i -3- AGREEMENT FOR TOWING SERVICES FOR ABANDONED VEHICLES THIS AGREEMENT is made and entered into this day of by and between the City of Dublin (hereinafter "DUBLIN" ) , a municipal corporation, and Jeff Pawloski doing business as Allen' s Towing and Tune-Up of Dublin (hereinafter "ALLEN' S TOWING" ) , 6401 Dublin Boulevard, Dublin, California, based on the following understandings; W I T N E S S E T 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, ALLEN' S TOWING has the personnel and equipment to remove said abandoned vehicles from the street of Dublin and store said vehicles; NOW, THEREFORE, based upon the foregoing mutual understandings, DUBLIN and ALLEN'S TOWING agree as follows: 1 . Towing Services. ALLEN' S TOWING 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 ALLEN'S TOWING of a California Highway Patrol Form 180. 2. Availability of Service. ALLEN' S TOWING 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. ALLEN' S TOWING 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 ALLEN' S TOWING 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 invoice within 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. ALLEN'S TOWING shall provide DUBLIN with a Certificate of Insurance or other written proof that ALLEN' S TOWING has liability insurance in an amount equal to $300,000.00 per occurrence. 6. Indemnification. ALLEN' S TOWING 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 ALLEN'S TOWING 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 ' ALLEN' S TOWING By: 1 Jeff Pawloski -3- ' r