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03.08 Police Towing First Amendments .���������, .�*t: :� AGENDA ITEM `�::��.:::��.{ ���� July 9, 2019 TO: Honorable Mayor and Members of the City Council THRU: Rick Otto, City Manager FROM: Thomas C. Kisela, Chief of Police '�� REVIEW: City Mana r Finance (�'✓� 1 . SUBJECT First Amendments to Official Police Towing and Storage Service Agreements with Truxyz, Inc., doing business as Tows R Russ, Archie's Towing, and Southside Towing. 2. SUMMARY The Orange Police Department uses private towing companies for the removal, storage and impound of vehicles during the course of business. Individual companies are qualified according to the Orange Police Department Policy Manual, Policy No. 502, Tow Company Guidelines and Rotation Tow Listing. The current agreements with the contracted towing companies are valid until July 12, 2019, and provide an option to extend for up to two additional years. It is the . recommendation of the Police Department to extend the current agreements through June 30, 2021. 3. RECOMMENDED ACTION Approve first amendments to extend current agreements between the City and Truxyz, Inc., doing business as Tows R Russ, Archie's Towing, and Southside Towing for the removal, storage and impound of vehicles; and authorize the Mayor and City Clerk to execute on behalf of the City. 4. FISCAL IMPACT None - 5. STRATEGIC PLAN GOALS Goal 1: Provide for a safe community a: Provide staffing and resources to deliver services that ensure public safety. 6. DISCUSSION AND BACKGROUND The Official Police Towing and Storage Agreement outlines the equipment, vehicle and performance requirements for those companies who desire to contract with the City to ITEM 3 •g � 07/09/2019 provide towing and storage services. The Agreement also provides for oversight of the services provided and fees charged for services, including insurance and indemnification of the City, as well as provisions for the review and investigation of complaints, and suspension or termination of individual agreements. In July 2016, the City Council approved agreements with the following tow companies: California Coach Orange, Inc. (California Coach), Truxyz, Inc., doing business as Tows R Russ (Tows R Russ), Archie's Towing, and Southside Towing. Due to a change in operations, California Coach withdrew and will not be extending their agreement. Tows R Russ, Archie's Towing, and Southside Towing are currently under contract and in good standing as official police towing service providers. The proposed First Amendment to the Official Police Towing and Storage Agreement with each tow company will extend the agreement term for two additional years through June 30, 2021. 7. ATTACHMENTS 1. First Amendment to Official Police Towing and Storage Agreement with TRUXYZ, Inc. doing business as Tows R Russ 2. First Amendment to Official Police Towing and Storage Agreement with Archie's Towing 3. First Amendment to Official Police Towing and Storage Agreement with Southside Towing ITEM 2 07/09/2019 AGR-4710.B.1 FIRST AMENDMENT TO OFFICIAL POLICE TOWING AND STORAGE SERVICE AGREEMENT THIS FIRST AMENDMENT TO OFFICIAL POLICE TOWING AND STORAGE SERVICE AGREEMENT (the "First Amendment") is made and entered into this day of, 2019, by and between the CITY OF ORANGE, a municipal corporation ("City"), and TRUXYZ, INC., a California corporation, doing business as TOWS-R-RUSS ("Contractor"), with reference to the following: A. City and Contractor entered into that certain Official Police Towing and Storage Service Agreement (Agreement No. 4710.B) dated as of July 12, 2016, which is incorporated herein by this reference (the "Original Agreement"); and B. City and Contractor desire to amend the Original Agreement to extend the term of the Original Agreement. NOW, THEREFORE, the parties hereby agree as follows: Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. Section 2. Cross-References. City and Contractor agree that all references in this First Amendment are deemed and construed to refer to the Original Agreement, as implemented by this First Amendment. Section 3. Term. Pursuant to Section 7 of the Original Agreement, the term of the Agreement is hereby amended to reflect a First Extension Term for two (2) additional years commencing on July 1, 2019 and terminating on June 30, 2021. Section 4. Integration. This First Amendment amends, as set forth herein, the Original Contract and, except as specifically amended hereby, the Original Contract shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Contract, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties. [Remainder of page intentionally left blank;signatures on next pageJ IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written. "CONTRACTOR" "CITY" TRUXYZ, INC., a California corporation, CITY OF OR.ANGE, a municipal corporation doing business as TOWS-R-RUSS *By: By: Printed Name: Rick Otto, City Manager Title: *By: APPROVED AS TO FORM: Printed Name: Title: Mary E. Binning Senior Assistant City Attorney *NOTE: City requires the following signature(s) on behalf of the Contractor: -- (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 coYporate officer named in a corporate resolution as authorized to enter into this Agreemen� A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City. 2 AGR-4714.B.1 FIRST AMENDMENT TO OFFICIAL POLICE TOWING AND STORAGE SERVICE AGREEMENT THIS FIRST AMENDMENT TO OFFICIAL POLICE TOWING AND STORAGE SERVICE AGREEMENT (the "First Amendment") is made and entered into this day of, 2019, by and between the CITY OF OR.ANGE, a municipal corporation ("City"), and ARCHIE'S TOWING, a California corporation ("Contractor"), with reference to the following: A. City and Contractor entered into that certain Official Police Towing and Storage Service Agreement (Agreement No. 4714.B) dated as of July 12, 2016, which is incorporated herein by this reference (the "Original Agreement"); and B. City and Contractor desire to amend the Original Agreement to extend the term of the Original Agreement. NOW, THEREFORE,the parties hereby agree as follows: Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. Section 2. Cross-References. City and Contractor agree that all references in this First Amendment are deemed and construed to refer to the Original Agreement, as implemented by this First Amendment. Section 3. Term. Pursuant to Section 7 of the Original Agreement, the term of the Agreement is hereby amended to reflect a First Extension Term for two (2) additional years commencing on July 1, 2019 and terminating on June 30, 2021. Section 4. Integration. This First Amendment amends, as set forth herein, the Original Contract and, except as specifically amended hereby, the Original Contract shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Contract, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties. [Remainder of page intentionally left blank;signatures on next pageJ IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written. "CONTRACTOR" "CITY" ARCHIE'S TOWING, a California corporation CITY OF ORANGE, a municipal corporation *By: By: Printed Name: Rick Otto, City Manager Title: *By: APPROVED AS TO FORM: Printed Name: Title: Mary E. Binning Senior Assistant City Attorney *NOTE: City requires the following signature(s) on behalf of the Consultant: -- (1) the Chairman of the Board, the PYesident 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 Agreemen� A copy of the coYporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City. 2 AGR-5710.A.1 FIR5T AMENDMENT TO OFFICIAL POLICE TOWING AND STORAGE SERVICE AGREEMENT THIS FIRST AMENDMENT TO OFFICIAL POLICE TOWING AND STORAGE SERVICE AGREEMENT (the "First Amendment") is made and entered into this day of, 2019, by and between the CITY OF ORANGE, a municipal corporation ("City"), and SOUTHSIDE TOWING, a California corporation ("Contractor"), with reference to the following: A. City and Contractor entered into that certain Official Police Towing and Storage Service Agreement (Agreement No. 5710.A) dated as of July 12, 2016, which is incorporated herein by this reference(the "Original Agreement"); and B. City and Contractor desire to amend the Original Agreement to extend the term of the Original Agreement. - NOW, THEREFORE, the parties hereby agree as follows: Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 5ection 2. Cross-References. City and Contractor agree that all references in this First Amendment are deemed and construed to refer to the Original Agreement, as implemented by this First Amendment. Section 3. Term. Pursuant to Section 7 of the Original Agreement, the term of the Agreement is hereby amended to reflect a First Extension Term for two (2) additional years commencing on July 1, 2019 and terminating on June 30, 2021. Section 4. Integration. This First Amendment amends, as set forth herein, the Original Contract and, except as specifically amended hereby, the Original Contract shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Contract, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties. [Remainder of page intentionally left blank;signatures on next pageJ IN WITNES5 of this Agreement, the parties have entered into this Agreement as of the year and day first above written. "CONTRACTOR" "CITY" SOUTHSIDE TOWING, a Califomia corporation CTTY OF ORANGE, a municipal corporation *By: By: Printed Name: Rick Otto, City Manager Title: *By: APPROVED AS TO FORM: Printed Name: Title: Mary E. Binning Senior Assistant City Attorney *NOTE: City requires the following signature(s) on behalf of the Contractor: -- (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 nairzed in a corporate resolution as authorized to enter into this Agreemen� A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City. 2