03.08 Police Towing First Amendments .���������,
.�*t: :� AGENDA ITEM
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���� 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