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HomeMy WebLinkAboutGREATER SOUTHERN CALIFORNIA TOWING, INC. (2) - 2015INSURANCE OR FELE WORK MAY PROCEED, N-2015-054 UNTIL. INSURANCE EXPIRES CLERK OF COUNCIL DATE: APR 2 $ 2015 THIRD AMENDMENT TO AGREEMENT o.6%&a % THIS THIRD AMENDMENT TO AGREEMENT effective as of April 1, 2015, by and between Greater Southern California Towing, Inc., a California corporation ("Contractor") and („,Pttkol the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS: A. The parties entered into Agreement # N-2013-050, dated April 1, 2013, (hereinafter "said Agreement") by which Contractor will provide police tow services on a rotational basis. The Term of said Agreement was one year, with up to four extensions, exercisable at the option of the Chief of Police. B. The parties entered into the First Amendment to Agreement #N-2013-050-001 on May 28, 2013, amending the Fee Schedule (Exhibit B) and authorizing the recovery of the Dispatch and Tracking Solutions fee from the vehicle owner. C. The parties entered into the Second Amendment to Agreement #N-2013-050-002 on April 1, 2014, extending the agreement for one (t) year. D. In accordance with the terms and conditions of said Agreement, the parties wish to amend the said Agreement by extending the agreement for the second additional year, revising the Scope of Services and Rates and. Fee Schedule to allow Contractor to collect on behalf of the City, a $75 fee for stored vehicles, amending the response time for medium duty tow trucks from 20 minutes to 30 minutes; and amending the Rates and Fee Schedule to revise fees to align with that which is standard within the industry (i.e. those fees charged by California Highway Patrol) and consistent with our ability to make revisions to the Rates and Fees as outlined in Section 2d., of the Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 3 of said Agreement, TERM, is hereby amended and extended through March 31, 2016, 2, Section ITT. BA.a. WORKING HOURS AND RESPONSE TIMES, is revised to read as follows: a. The 20 minute response time applies only to tow requests requiring a Class A tow truck. Requests for a Class B tow truck will have 30 minutes to respond. 3. Section iIL1.2. RATES AND FEES, is amended to read as follows: 2. The Contractor acknowledges that the fee schedule is intended to list the maximum amounts for services rendered per hour, at a minimum of 1 hour but nothing in this Agreement shall preclude the Contractor from charging less than the maximum fee allowed. 4. Section lI1.L RATES AND FEES, is amended to add subsection 10 as set forth below: 10. Contractor agrees to collect on behalf of the City, the City's stored vehicle fee as outlined in the Santa Ana Police Department's Towing and Fee Schedule (Exhibit "B" to the original Agreement and incorporated herein by reference), as time to time amended. Contractor further agrees to send City monthly by the 10°i day of the month, a check made payable to the "City of Santa Ana" for all of the stored vehicle fees collected for the preceding month. At the same time, Contractor will. provide City with a report indicating the date that each fee was collected and from whom the fee was collected. Said check and report wilt be sent to the Santa Ana Police Department, attention Traffic Commander. The collection of said fee and reporting shall be subject to audit as outlined in section Q of the Agreement. 5. Exhibit "B" entitled FEE SCHEDULE, is amended pursuant to the terms of section 2d, to add a stored vehicle (PD) fee of $75 per vehicle and further amended as follows: Servtee 301d Fee NeW Fee „ $75.00 Stored Vehicle Release Fee $75.00 Collected by (PD) Collected by the the Police Department Contractor for the Cit Class A $175.00 $185.00 Class B or Flatbed $190.00 $210.00 Class C $270.00 $295.00 Class D $325.00 $325.00 Dolly, Go -Jacks or Linkage $60.00 $60.00 Fee Rollover or Winching Fee $130.00 $130.00 Clean-up Fee (fee to City $60.00 capped at $35.00 per $60.00 occurrence) Hazmat Fee (per five (5) $115.00 gallon bucket) Vehicle Storage Fees (Daily) t$45.00 $50.00 Class A - Outside Class A - Inside $50.00 Class B - Outside $50.00 $50.00 Class B - Inside $55.00 $55.00 Class C or Class D - $55.00 $60.00 Outside Class C or Class D - $60.00 $65.00 Inside 6. Except as hereinabove amended, all terms and conditions of said Agreement, as amended, shall remain in fall force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. ATTEST: " o Maria D. Hui-zar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Alit 7R. Laura A. Rossini Senior Assistant City Attorney RECO E -ED 1ORAPPROVAL: Carlos Rojas Chief of Police CITY OF SANTA ANA David Cava os City Manager CONTRACTOR: Greate • Southern Cal is Towing, hie. euro erez President 50% of the 50% of the After Hours Release authorized authorized towing charge towing charge 50% of the 50% of the Minimum Service Call or Drop authorized authorized Fee towing charge towing charge As As authorized by authorized the California Civil by the Lien Sale and Vehicle California Codes Civil and Vehicle Codes e Mileage (per mile outside the $g,00 $o corporate city limits) 6. Except as hereinabove amended, all terms and conditions of said Agreement, as amended, shall remain in fall force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. ATTEST: " o Maria D. Hui-zar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Alit 7R. Laura A. Rossini Senior Assistant City Attorney RECO E -ED 1ORAPPROVAL: Carlos Rojas Chief of Police CITY OF SANTA ANA David Cava os City Manager CONTRACTOR: Greate • Southern Cal is Towing, hie. euro erez President AC -M CERTIFICATE OF LIABILITY INSURANCE ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR DATE(M 4 1 2015/ 2015 PRODUCER Sea Crest Insurance Agency, Inc. 25255 Cabot Rd #206 Laguna Hills, CA 92653 (949)951-5900 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Greater Southern California Towing, Inca 2202 W. 5th Santa Ana, CA 92703 714-558-7645 INSURERA: Scottsdale Insurance Company 41287 INSURER B'. Insurance Company of The West 27847 INSURER C:TOPA Insurance CompanV 18031 INSURER D: Burlington Insuance Company 23620 INSURER E EACH OCCURRENCE $ 1,000 000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DPL NERD TYPED INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DDM/ POLICY EXPIRATION DATE MMIDDM' LIMITS REPRESENTATIVES. AUTHORIZED REPRESENTATIVE GENERAL LIABILITY EACH OCCURRENCE $ 1,000 000 -DAMAGE ­1 0 MN, ED PREMISES_ Ea occurence $ 100,000 X COMMERCIAL GENERAL LIABILITY CLAIMSMADE CI OCCUR MED EXP (Any one person) $ 5 000 PERSONAL&ADV INJURY $ 1,000,000 A X Premises CPS2052528 02/28/15 02/28/16 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 2,000 000 X O - POLICY PRO- LOC JECT AUTOMOBILE LIABILITY ANYAUTO - COMBINED SINGLE LIMIT (Ea accident) $ .1,000,000 BODILYINJURY $ (Per person) X ALLOWNEDAUTOS SCHEDULED AUTOS BODILVWJURY (Peraccident) $ A x X HIRED AUTOS NON-OWNEDAUTOS CPS2052528 02/28/15 02/28/16 PROPERTY DAMAGE (Peraccident) $ x X Uninsured Mtrs 60,000 GARAGE LIABILITY AUTO ONLY-EAACCIDENT $ 1,000 000 A ANYAUTO CPS2052528 02/28/15 02/28/16 OTHERTHAN EAACC $ 1,000,000 A AUTOONLY: AGG $ 21000,000 EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000 000 x I OCCUR C CIAIMSMADE AGGREGATE $ 5 000 000 $ XL6603120-03 06/20/14 06/20/15 $ �] DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATIONANDWCSTATU- EMP LOYIETOABILITV ANY PROPRIETORIPARTNERIEXECBTIVE OFFIDERIMEMBER EXCDIDEPI yVE 5026251 01 04/01/15 04/01/16 OTH- X TO RY LIMITS ER E, L. EACHACCIDENT $ 1,000,000 EL. DISEASE - EA EMPLOYEE $ 1 000 000 Ifyes,describeunder SPECIAL PROVISIONS below E. L. DISEASE -POLICY LIMIT $ 11000,000 D OTHER On Hook IMW12333 06/20/14 06/20/15 250,000 ded 1,000 A Garagekeepers CPS1865534 02/28/14 02/28/15 $ 1,000,000 ded 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSION DDEDBYEENDDOOR/SEMENT/SPECIALPROVISIDNS Q RFQ 12-066 /�V�X Vv 0 1.The City, its officers, employees, agents, voljinteers and represeh a Ives as additional insured. 2. These policies are primary and not contributory with respect to insurance or self insurance programs maintained by the City; CERTIFICATE HOLDER CANCELLATION Additional Insured: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL30 DAYS WRITTEN City of Santa Ana Santa Ana Police Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 60 Civic Center Plaza IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Santa Ana, CA 92701 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD25(2001/08) OAC OR 18