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Home My WebLink AboutSTANDARD ENTERPRISES, INC. DBA TO AND MO 1C -2015ON FILE PRQUEII AAE EXPIRES Gk�aOFCOuNCIWR 2 8 2015 OABF THIRD AMENDMENT TO AGREEMENT o;CJoeefi� �t� l lArat�l�1 THIS THIRD AMENDMENT TO AGREEMENT effective as of April 1, 2015, by and l t betw)en Standard Enterprises, Inc., dba To and Mo, a California, corporation ("Contractor") and 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-2013-049, 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-2013-049-001 on May 28, 2013, amending the Fee Schedule (Exhibit B) and authorizing the recovery of the Dispatch and Tracking Solutions fee frorn the vehicle owner. C. The parties entered into the Second Amendment to Agreement #N-2013-049-002 on April 1, 2014, extending the agreement for one (1) 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 alit 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: Section 3 of said Agreement, TERM, is hereby amended and extended through March 31, 2016, 2. Section III.13A.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 11112. 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 I hour but nothing in this Agreement shalt preclude the Contractor from charging less than the maximum fee allowed. 4. Section 11I.1, 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 1.0`x' 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 will 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: Service"'. , .. , '; OId Fee New Fe® $75.00 Stored Vehicle Release Fee $75.00 Collected by (PD) Collected by the the Police Department Contractor for the City 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 $115.00 gallon bucket) Vehicle Storage Fees (Daily) $45.00 $50.00 Class A - Outside Class A - Inside $50.00 $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: 7JnGt -/ Maria D. IIuizar Clerk ofthe Council APPROVED AS TO FORM: SONIA R. CARVALI-IO City Attorney Laura A. Rossini Senior Assistant City Attorney RrEC M EIS FOR APPROVAL: Carlos Rojas Chief of Police CIT f ANA David Cavazos City Manager STANDARD ENTERPRISES, INC. dba To and Mo o esto Sa e Chief Executive Officer 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 Lien Sale the California Civil by the California and Vehicle Civil and Codes Vehicle Codes Mileage (per mile outside the $9.00 $9.00 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: 7JnGt -/ Maria D. IIuizar Clerk ofthe Council APPROVED AS TO FORM: SONIA R. CARVALI-IO City Attorney Laura A. Rossini Senior Assistant City Attorney RrEC M EIS FOR APPROVAL: Carlos Rojas Chief of Police CIT f ANA David Cavazos City Manager STANDARD ENTERPRISES, INC. dba To and Mo o esto Sa e Chief Executive Officer I CERTIFICATE OF LIABILITY INSURANCE 103- /zotz"s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER 4A rA4f elica Sea Crest Insurance Agency, Inc, PHONE 949 951 25255 Cabot Rd #206 AILangellostig Laguna Hills, CA 92653 OE02031 1NsuRa a WSURERA. state Na INSURED TO' and MO' Towing INSURER a: insurance Standard Enterprises, Inc. WWMQGeneral s 518 N. Poinsettia INS R R Qc Santa Ana, CA 92701 714-543-0879 1 ,.L<j,nrar:. THIS IS TO CERTIFY THAT 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 CONTRACTOR 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, TYPE OF GENERAL LIABILITY CLAIMS -MADE (^,I OCCUR A Premises X. Fire Dema e x nal1R„WK-04NVI11eY l In M x WI XNDP-01491-00 AUTOMOBILE LIABILITY 04/01/ XNDA.-01491-00 ANYAUTO 44/01{ IXG418850 04/01/ ALLOWNED SCHEDULE( A AUTOS X AUTOS X R NON�OWNE HIRED AUTOS AUTOS 6 I UMBRELLA LIAS p,CUR C X EXCESS UAB CLAIMS nal1R„WK-04NVI11eY l In M x WI XNDP-01491-00 04/01/ XNDA.-01491-00 44/01{ IXG418850 04/01/ 0840-03 104/0 /1 BODILYINUURY(Perpnrcon) 13 /01/16 BODILY INJURY (Per acoldenQ IS PROPERTY DA GE $ A Garagekeeperax RNDA-01491-00 04/01/1504/OS/16Q 250,000 A Physical Damage XNDA-01491-00 .04{01{1509101/16 Ces & Coll ded 1 DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (Aileen ACORD 101,Addiilm,il Remade. Snh.&I., i(morespec. I..Ad ed) RFQ 12-066 1.The City, its officers, employees, agents, volunteers and representatives as additional insured. 2. These policies are primary and not contributory �aa-t-[ounce or self insurance programs mainta ed b the ity; J 951-0181 Additional Insured: City O£ Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Santa Ana Police Department ACCORDANCE WITH THE POLICY PROVISIONS, 60 Civic Center Plaza _.�. Santa Alla, CA 92701 AUTHORIZED REPRESENTATIVE 988-2010 ACORD CORPORATION. All tpclyed, ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD