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HomeMy WebLinkAboutAGR-4714.D - ARCHIE'S TOWING - OPD TOWING AND STORAGE SERVICEDocusign Envelope ID:51 D9B6FE-A0C7-8E9F-815E-0C6DEO9F4EF5 AGR-4714. D India( OFFICIAL POLICE TOWING AND STORAGE SERVICE AGREEMENT THIS AGREEMENT is entered into this 23rd day of June 2026, by and between the CITY OF ORANGE, a municipal corporation("City"), and ARCHIE'S TOWING, a California corporation("Towing Service"). RECITALS A. The Orange Police Department ("Police Department") requires the aid and assistance of towing services on a regular basis in the performance of its duties,including response to and investigation of vehicular accidents. B. As a means for providing the necessary towing service, the City has approved the use of certain, towing service companies who have agreed to contract with the City to furnish the requisite towing service pursuant to the requirements of the City's Police Department, as set forth in the terms and conditions contained herein. C. Official Police Towing and Storage Services ("OPTS") means a towing company selected by the City to be used on-call and on a rotating basis for any police situation where a tow truck is required. D. In order for a towing service company to perform as an OPTS service provider for the City's Police Department,the towing service company must enter into a contractual agreement with the City and must be designated by the City as an OPTS service provider. E.In furtherance of this objective, the City desires to retain Towing Service and Towing Service desires to accept and be retained by the City, as an independent contractor, for purposes of providing police towing services for the City's Police Department. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants, and conditions contained herein the parties hereto agree as follows: AGREEMENT To ensure the efficient performance of police towing services for the City's Police Department, Towing Service hereby agrees to the following OPTS service requirements, specifications, terms, and conditions: 1. OPTS Designation; Independent Contractor. A. City hereby designates Towing Service as an OPTS service provider for the City's Police Department. B. Towing Service acknowledges that participation in the OPTS rotation list is a revocable privilege granted by the City. Nothing in this Agreement shall be construed to create any property right,vested right,entitlement,expectancy,guaranteed volume of work,or continued Docusign Envelope ID:51D9B6FE-AOC7-8E9F-815E-OC6DE09F4EF5 participation in the OPTS rotation list. The City reserves the right to modify,suspend,or terminate Towing Service's participation in the OPTS rotation list in accordance with this Agreement. C.The services which are the subject of this Agreement are not in the usual course of City's business and City relies on Towing Service's representation that it is independently engaged in the business of providing such services and is experienced in performing the work. D. At all times during the term of this Agreement, Towing Service shall be an independent contractor and not an employee of City. City shall have the right to control Towing Service only insofar as the result of the services rendered pursuant to this Agreement. City shall not have the right to control the means by which Towing Service accomplishes services rendered pursuant to this Agreement. Towing Service shall,at its sole cost and expense,furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Towing Service shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors,agents and employees, including compliance with social security withholding and all other wages,salaries,benefits,taxes, exactions, and regulations of any nature whatsoever. Towing Service acknowledges that it and any subcontractors, agents or employees employed by it shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 2. OPTS Service Provider Obligations. Towing Service agrees to comply with the following OPTS service provider terms and conditions: A. Towing Service shall abide by all guidelines and requirements set forth in Orange Police Department Policy 502, attached as Exhibit "A" and incorporated herein by reference, as may be amended from time to time, and any written directives issued by the Chief of Police or designee relating to towing operations. B. In the event the City chooses to operate an impound yard, the OPTS agrees to transport designated vehicles to the City-operated impound facility. Fees for towing/transporting of such vehicles will be paid to Towing Service by the City at the end of each month. C. Towing Service shall respond to requests for OPTS service within 20 minutes from the time such request is received and shall promptly notify the City's Police Department if this response time cannot be met. D. Towing Service shall not release any vehicles impounded by the City's Police Department without a release signed by the City's Police Department. E. Towing Service shall notify the City's Police Department of any impounded vehicles being stored within the City pursuant to private party impound requests prior to leaving the City limits or within 30 minutes of vehicle storage,whichever occurs first. 2 Docusign Envelope ID:51 D9B6FE-A0C7-8E9F-815E-0C6DEO9F4EF5 F. All personal property located within impounded vehicles shall be surrendered to the property owner upon request after obtaining a property release form from the Police Department and upon presentation of proper identification unless the vehicle is to be held for evidence. G. Towing Service shall not report to the scene of an accident or assist a disabled vehicle unless summoned by a law enforcement officer or in response to a request from the person in charge of the disabled vehicle. This provision is intended to prohibit OPTS service providers from engaging in practices commonly referred to in the tow service business as "soliciting, monitoring, cruising or poaching." H. Towing Service shall furnish to the City by the tenth (10th) day of each month during the term of this Agreement a list of its currently employed drivers. All drivers responding to Police Department calls shall possess a valid California driver's license appropriate for the vehicle operated and shall not have been convicted within the preceding five years of any felony, vehicle theft offense, fraud offense, or crime involving moral turpitude. 3.Standards for OPTS Service Provider. Towing Service agrees to comply with the following OPTS service provider standards: A. Equipment 1. Company Information: Towing Service name, address and phone number shall be displayed on both sides of the tow truck in letters not less than two and one-half(2-1/2) inches in height. 2. Lights: Trucks must, at all times, be equipped with such headlights, tail lights, red reflectors, stop lights, warning lights, and other lights as required by California law, plus one white utility light(adjustable or portable); and may be equipped with such other lights as the Towing Service may desire which are not forbidden by law. 3. Additional Equipment: Trucks must be equipped with all equipment required by law and Orange Police Department Policy 502 for tow trucks engaged in towing services. 4. Additional Requirements for Towing Service: a) Towing Service must have at least two regular duty trucks of one- ton capacity with rear dual wheels. One of the rigs must be a flatbed. Towing Service must also have one medium duty truck with a GVWR of 19,501 to 33,000 pounds. One heavy duty three- axle truck with a GVWR of at least 33,000 pounds is recommended but not required. b) Trucks must be equipped with red flares,lanterns or reflectors,hand tools, crow-bar, rope, broom, shovel, dustpan, fire extinguisher(the dry chemical type), portable red tail lights and stop lights for towed vehicles,equipment for opening locked vehicles,and safety snubber chain. Towing Service shall have at least one set of dollies readily available at all times, and one motorcycle sling. 3 Docusign Envelope ID:51D9B6FE-A0C7-BE9F-815E-0C6DEO9F4EF5 c) Towing Service shall have one truck equipped with a winch of sufficient size and capacity to retrieve vehicles, which have gone over embankments, off roadways, or into other inaccessible locations, which is equipped with safety dogs or equivalent braking devices. The winch and cable must have the ability to reach three hundred(300) feet. B. Standard Rules of Operation for OPTS Service 1. Requests for OPTS service response and the removal of traffic hazards may be made through the Police Department. 2. All City police officers are specifically prohibited from soliciting for or recommending any garage or tow service either directly or indirectly. 3. Towing Service shall not advertise or in any way publicize any official or other connection with the City, nor shall Towing Service advertise any address or telephone number of the City as a location to call for vehicle towing and storage service. 4. If more than one towing service company/garage is designated as an OPTS service, the system of calling for service shall be on a rotating basis as established by the Chief of Police. 5. If telephones are the means of communication for receipt of calls from the Police Department,Towing Service shall provide a list of telephone numbers to be called in order of priority,and immediately upon any change in such telephone numbers,or in the priority thereof, shall notify the City's Police Department in writing with effective the date of the change. 6. Any additions to or deletions from the tow truck fleet of Towing Service shall be immediately reported, in writing,to the Police Department. 7. Any change in operating locations of Towing Service shall be reported, in writing, to the City's Police Department at least thirty(30)days prior to such change. 8. Towing Service shall be staffed to ensure that there is an attendant on call, capable of responding to police requests for OPTS service as well as present or available for release of vehicles to the public twenty-four(24)hours a day,seven(7)days a week.Towing Service must be available during those hours specified and in the necessary numbers to operate the OPTS service equipment. If the Towing Service's telephone is not answered before 10 rings,or if the line is busy when called by the Police Department, Towing Service will be by-passed and the next OPTS service provider in rotation shall be called. 9. If an Official Police Towing and Storage Service is unavailable, or in case of disaster or emergency, the City reserves the right to call other tow services with adequate capabilities, which are not under contract or agreement with the City. Determination of these conditions shall rest solely with the Police Department. 4 Docusign Envelope ID:51D9B6FE-A0C7-8E9F-815E-0C6DE09F4EF5 10. After being dispatched by the Police Department to the scene, Towing Service shall cooperate with police officers in removing hazards and illegally parked vehicles as requested. It is the duty of the police officers to determine when such a vehicle should be impounded or moved and Towing Service shall abide by their decision. 11. Only tow trucks bearing the name of Towing Service shall be dispatched to the scene of need. 12. Towing Service shall conduct its business in an orderly, ethical, businesslike manner and use every means to obtain and keep the confidence of the motoring public. 13. Vehicles impounded by the Police Department for special investigation shall be held in maximum security until cleared by the investigating officers, at which time the owners shall be permitted a 48-hour grace period at no charge in which to remove the vehicles from storage. Under no circumstances shall contents of vehicles with a"Police Hold"be removed. 14. Towing Service shall be responsible for the protection of police-impounded vehicles regardless of the location of storage until the vehicles have either been released to their owners or disposed of through legal process. 15. Towing Service shall be responsible for the acts of its employees while on duty and for damage to vehicles while in their possession. 16. Notwithstanding any provision or language that might indicate to the contrary, in responding to a call from the Police Department, Towing Service shall have no claim against the City for the cost of its service rendered,but shall look solely to the owner of the vehicle transported.No representation is made by the City that such person will be financially responsible. 17. All vehicles stored or impounded as a result of a"tow ordered by the Police Department" shall be made available to the owner of the vehicle or his/her representative, any insurance agent, insurance adjuster, or any body shop or car dealer, for the purpose of estimating or appraising damages, except vehicles stored or impounded with a"Police Hold." 18. Each Towing Service shall record its time in and its time out on every official assignment. Such records shall be made available and open to examination by the City. 19. The records of all vehicles impounded or stored at the direction of the City shall be available for inspection only to authorized employees or officials of the City of Orange. 20. Towing Service shall submit a monthly report to the designated Tow Officer,which shall include the following information: a) Total police impounds. b) Number of times dispatched by the Police Department. c) Number of Police Department calls resulting in impounds. 5 Docusign Envelope ID:51D9B6FE-A0C7-8E9F-815E-0C6DEO9F4EF5 d) Number of calls answered in which time beyond one hour was required to handle. 21. The equipment and performance of Towing Service shall be subject to periodic review and/or inspection by the Chief of Police or his/her designee. 22. Towing Service trucks shall be equipped with two-way radio or telephone or other acceptable communications equipment. Citizen's Band Class D is not acceptable. 23. Towing Service storage lots shall be adequately fenced with gates locked and secured and reasonably well-lighted to maintain a maximum of security for stored and impounded vehicles. All storage lots shall meet the requirements as set forth in Department Policy 502.3 and will be inspected and approved by Police Department Crime Prevention and Traffic Personnel. 24. Adequate impound space shall be provided to accommodate vehicles held as evidence for the purposes of processing for physical evidence. Towing Service shall not enter, search, inventory, remove, photograph, copy, alter, clean, repair, move, or otherwise disturb any evidence vehicle or its contents except as expressly directed by Police Department. a) Impound space shall be protected by an enclosure consisting of four walls,a roof and a door with a locking device for the protection from the elements of weather and other forms of contamination. b) Protection shall also be provided to preclude evidence contamination by employees and other individuals during normal business hours. 25. Towing Service office and storage lots shall be located within the City limits. 26. Towing Service shall comply with the appropriate sections of the California Business and Professions Code with regard to unauthorized charges or repair work on the vehicle in its charge. 27. Towing Service shall, when disposing of unclaimed vehicles, abide by all California laws pertaining thereto. 28. All vehicles stored or impounded as a result of a"tow ordered by the Police Department" shall be towed directly to an OPTS storage lot unless the Police Department or other person legally in charge of the vehicle requests that it be taken to some other location. 4. Schedule of Rates A. Towing Service agrees that the towing fees it charges for OPTS service shall be those standard fees approved by the City as set forth in Exhibit "B" or as they may be later amended.The City will keep a copy of this fee schedule on file in the Office of the Traffic Bureau. 6 Docusign Envelope ID:51D9B6FE-A0C7-8E9F-815E-OC6DEO9F4EF5 Towing Service also agrees to post the schedule of fees at its place of business and to make copies of the schedule available for review, upon request, by City Police Department personnel or any person for who tow service is provided. The City reserves the right to modify the schedule of fees at any time. B. Towing Service shall charge one-half the normal rate for any vehicle owned by the City and operated by a City employee or agent. C. Towing Service shall charge one-half the normal rate for tow interruptions (i.e., vehicles released to owner or agent prior to removal,but after arrival of the tow company). 5. Insurance. A. Towing Service shall carry workers' compensation insurance as required by law for the protection of its employees during the progress of the work. Towing Service understands that it is an independent contractor and not entitled to any workers' compensation benefits under any City program. B. Towing Service shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of(1) Two Million Dollars ($2,000,000) per occurrence, or One Million Dollars ($1,000,000) with a Two Million Dollar($2,000,000) aggregate; or (2) all the insurance coverage and/or limits carried by or available to Towing Service. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis. C. Towing Service shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of(1) a combined single limit of One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Towing Service. Said insurance shall cover bodily injury,death and property damage for all owned,non-owned and hired vehicles and be written on an occurrence basis. D. Towing Service shall maintain Garagekeepers Legal Liability coverage with limits of not less than Five Hundred Thousand Dollars ($500,000)per occurrence covering all vehicles in its care, custody,or control, including police-impounded vehicles. E. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy,but only with respect to the work performed by Towing Service under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 5.A and 5.B, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.Such coverage shall be primary and noncontributory with respect to any insurance maintained by City and shall apply before any insurance or self- insurance maintained by City. 7 Docusign Envelope ID:51D9B6FE-A0C7-8E9F-815E-0C6DEO9F4EF5 F. Towing Service shall provide the City with a certificate of insurance setting forth the above referenced minimum insurance coverage prior to performing any towing services pursuant to this Agreement. Towing Service shall provide written notice to City within five (5) business days after receiving notice from its insurer of cancellation, nonrenewal, or material reduction in coverage. G. Towing Service agrees to submit to the City a certificate of Workers'Compensation Insurance to cover its employees as required pursuant to the provisions of Divisions 4 and 5 of the California Labor Code. Towing Service also agrees to use only those subcontractors who are also covered by Workers' Compensation Insurance pursuant to the provisions of Division 4 and 5 of the California Labor Code. H. Towing Service shall be responsible for any damage to persons or property arising in connection with the performance of services rendered pursuant to this Agreement. I.Towing Service hereby waives all rights of subrogation against City, its officers, officials, employees, agents, and volunteers arising out of or relating to the performance of this Agreement. Towing Service shall require its insurers to endorse all applicable policies to reflect this waiver of subrogation. 6. Indemnification. Towing Service shall defend (with counsel reasonably acceptable to City), indemnify, and hold harmless City and its officers, officials, employees, agents, and volunteers from and against any and all claims, demands, actions, damages, liabilities, losses, judgments, fines, penalties, costs, and expenses, including without limitation attorneys' fees and costs of litigation, arising out of or relating to the acts, errors, omissions, operations, or performance of Towing Service, its officers, employees, agents, subcontractors, or anyone acting on its behalf under this Agreement, except to the extent caused by the sole active negligence or willful misconduct of City. This indemnification obligation shall apply regardless of whether or not such claim is covered by insurance and shall not be limited by the insurance requirements contained in this Agreement. The obligations set forth in this Section shall survive the expiration or termination of this Agreement. 7. Term. Except as otherwise provided herein, this Agreement shall remain in effect for a period of three years unless terminated by the City as provided herein. This Agreement may be reviewed at the conclusion of the initial three-year term and extended for up to two (2) additional years by mutual written agreement of all parties. 8. Termination. A. This Agreement may be terminated by the City upon the occurrence of any one or more of the following events: 1.Failure of Towing Service to comply with any of the provisions of this Agreement. 2. Repeated and/or flagrant violations of the Vehicle Code by Towing Service. 8 Docusign Envelope ID:51 D9B6FE-A0C7-8E9F-815E-0C6DEO9F4EF5 3. Failure of Towing Service to maintain clean, orderly, and secure storage facilities. 4. Failure of Towing Service to obtain and maintain a valid City business license. 5. Commission,by the owner or operator of Towing Service,of any unlawful, false, fraudulent, deceptive or dangerous act while conducting its towing operation business. 6. Removal by Towing Service, prior to police arrival, of a vehicle involved in a collision where, as a result of such collision, a person suffered death or injury; or where the driver of one of the vehicles involved in the collision,or any of the passengers of a vehicle involved in the collision,was under the influence of an intoxicant of any nature; or where there is evidence that the vehicle to be towed was involved in a hit-and-run collision. 7.Insurance coverage as required herein has either been withdrawn or lapsed or is not in force for any reason. 8. Dissolution of business or bankruptcy. 9. Assignment of this Agreement, or any right or interest stated therein, without the prior written consent of the City. 10. Substantial or recurring deviation from the City's approved schedule of rates. 11. Failure of Towing Service to maintain satisfactory service to the public or for failure to keep any towing vehicle in a safe condition and good repair. 12. Failure to comply with any requirement of Orange Police Department Policy 502. B. Termination of this Agreement by City shall be effective upon written notice by City to Towing Service at the address provided herein. C. Upon termination of this Agreement by City, Towing Service shall no longer have the right to engage in OPTS service for the City's Police Department for a period of time determined by the Chief of Police. D. In addition to and not in lieu of termination, the Chief of Police or designee may issue written warnings, require corrective action, remove individual tow trucks from service, suspend individual drivers from participating in OPTS service, suspend Towing Service from the rotation list for a specified period of time, or take such other administrative action as the Chief of Police or designee deems appropriate for violations of this Agreement, Department Policy 502,or applicable law. The Chief of Police or designee may also immediately suspend Towing Service from the rotation list pending investigation of any violation of this Agreement,Department Policy 502, loss 9 Docusign Envelope ID:51D9B6FE-A0C7-8E9F-815E-0C6DEO9F4EF5 of required insurance, criminal conduct, public safety concern, evidence handling issue, or other conduct determined by the Chief of Police or designee to present a risk to the City, the Police Department, or the public. Such suspension shall remain in effect until the City determines otherwise. 9. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Towing Service shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. City and its authorized representatives shall have access to and the right to audit and reproduce any of Towing Service's records regarding the services provided under this Agreement. Towing Service shall maintain all such records for a period of at least three(3)years after termination or completion of this Agreement. Towing Service agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from City, and copies thereof shall be furnished if requested. 10. Compliance with all Laws/Immigration Laws. Towing Service shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement, including immigration laws. 11. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Towing Service agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California. 12. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated. 13. Notices. Any notices required or permitted under this Agreement shall be in writing and shall be delivered personally or sent by U.S. Mail, first class postage prepaid, return receipt requested, addressed as follows: To City: City of Orange Attn: Chief of Police 1107 N. Batavia Orange, CA 92867 To Towing Service: Archie's Towing Attn: Raffi Keuilian 745 N. Hariton St. Orange, CA 92868 14. Successors and Assigns. This Agreement, or any part thereof, may not be assigned by a party without the express written consent of the other party. If consent is so granted,all obligations and covenants made under this Agreement shall bind and inure to the benefit of any successors 10 Docusign Envelope ID:51D9B6FE-A0C7-8E9F-815E-0C6DEO9F4EF5 and assigns of the respective parties, whether or not expressly assumed by such successors or assigns. Any attempted assignment or delegation in derogation of this section shall be void. 15. Waiver of Breach. If a party waives enforcement or fails to act promptly to enforce any provision of this Agreement upon any event of breach by the other party, such waiver shall not automatically extend to any continuation of the breach or to any other or future events of breach. 16. Amendment. No modification,amendment,addition to,deletion,or alteration of the terms of this Agreement, whether written or verbal, shall be valid unless made in writing and formally approved and executed by all parties. 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures. Remainder of page intentionally left blank; signatures on next page] 11 Docusign Envelope ID:51 D9B6FE-A0C7-8E9F-815E-0C6DEO9F4EF5 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first written above. TOWING SERVICE" CITY" ARCHIE'S TOWING, a California corporation CITY OF ORANGE, a municipal corporation By: By: Printed Name: Raffi Keuilian Daniel R. Slater, Mayor Title: By: ATTEST: Printed Name: Ghant Keuilian Title: Pamela Coleman, City Clerk APPROVED AS TO FORM: Nathalie Adourian, City Attorney NOTE:City requires the following signature(s) on behalf of the Towing Service: 1) the Chairman of the Board,the President or a Vice-President,AND(2)the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office,please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City. 12 Docusign Envelope ID:51 D9B6FE-A0C7-8E9F-815E-0C6DEO9F4EF5 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first written above. TOWING SERVICE" CITY" ARCH ' OWING, a California corporation CITY OF ORANGE, a municipal corporation DocuSiyned by: By: 1./ By aunid, r. Staft.f'' Printei :me: 11111711 A Daniel R Slater, Mayor Title: V? B ST: inted Nameal ktk eLN Signed by: Title:CPJ Pamela`Coleman, City Clerk APPROVED AS TO FORM: e—DocuSiyned by: I atniaileDA°aouan, City Attorney NOTE: City requires the following signature(s)on behalf of the Towing Service: 1) the Chairman of the Board,the President or a Vice-President,AND(2)the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement,must be provided to City. 12