HomeMy WebLinkAboutC33430 - Inoperable-Abandoned Vehicles Towing Svcs �- �
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C 33430 TO TNV TOWING FOR
TOWING SERVICES FOR INOPERABLE AND ABANDONED
VEHICLES PURSUANT TO THE CITY'S ABANDONED VEHICLE
ABATEMENT PROGRAM.
SUBMITTED BY: Pedro Rodriguez, Code Compliance Supervisor
DATE: March 27, 2014
CONTRACTOR: TNV Towing
27557 Rio Del Sol
Thousand Palms, CA 92276
CONTENTS: Contract No. C �3430
Recommendation
By Minute Motion:
1. Award Contract No. C 3i�43o to TNV Towing for the removal of
abandoned and inoperable vehicles; and
2. Authorize the Mayor to execute the agreement on behalf of the City.
Executive Summary
The City executed a no-fee towing contract with TNV Towing on October 14, 1993 for
the removal of inoperable and abandoned vehicles as authorized in Chapter 10.24 of
the municipal code. Acceptance of staff's recommendation will continue to allow the
City of Palm Desert's Code Compliance Division to continue using TNV Towing for the
removal and disposal of abandoned, wrecked, dismantled, or inoperative vehicles.
Contract No. C 33430
Page 2 of 3
March 27, 2014
Backqround
In 1990, the California State Legislature enacted legislation allowing for the creation of
county-based vehicle service authorities, pursuant to the provisions of Vehicle Code
Section 22710. In June 1994, the Riverside County Abandoned Vehicle Abatement
Service Authority was formed and imposed a one-dollar vehicle registration fee on
vehicles registered to all owners with addresses in the County of Riverside.
The City of Palm Desert has been a member of the service authority since inception.
From July 1997 to December 2013, the City of Palm Desert has received $816,269 in
disbursements from the Riverside County Abandoned Vehicle Abatement Service
Authority for code compliance officers' staff time in abating 8,611 abandoned, wrecked,
dismantled or inoperative vehicles within the City.
Pursuant to the vehicle disposal strategies outlined in California Vehicle Code sections
22662 and 22851.3, each jurisdiction must have a contractual agreement for the
removal and disposal of abandoned, wrecked or inoperable vehicles to a facility
operated by licensed auto dismantlers or scrap iron processors. TNV towing meets the
requirements outlined in the vehicle code to remove and dispose such type of vehicles.
At its regular meeting of October 14, 1993, the Palm Desert City Council, by Minute
Motion, approved contract number C07930 with TNV Towing for towing services to
remove abandoned and inoperable vehicles as authorized pursuant to Chapter 10.24 of
the Palm Desert Municipal Code. The contract was renewed on August 16, 1995 and
has remained in effect and in good standing by both parties.
The City has been made aware of an ownership change within TNV Towing. Mr. Ted
Dumas sold the company to Mr. Alberto De La Torre, prompting the execution of a new
contract with the new owners. Mr. De La Torre has agreed to honor and continue the
no-fee towing contract with the City's Code Compliance Division.
The contract before you reflects the following changes; the names of the new owners
along with updated insurance requirements to meet the City's standards.
Since this is a no fee contract, City Attorney Dave Erwin affirmed that bypassing the
solicitation of bids complies with the City's purchasing policies and procedures pursuant
to Chapter 3.32 of the municipal code.
Therefore, staff recommends the City Council, by minute motion, award contract No.
C to TNV Towing for towing services to remove abandoned and inoperable
vehicles as authorized in Palm Desert Municipal Code Chapter 10.24.
Contract No. C �3��n
Page 3 of 3
March 27, 2014
Fiscal Impact
There is no fiscal impact to the City. The contractor will receive no compensation
directly from the city for services provided. The contractor will receive compensation
from the sale of junked vehicles and/or parts to salvage and vehicle dismantler yards.
Submitted by: Department Head:
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Pedro Rodriguez Lauri Aylaian
Code Compliance Sua isor Director of Community Development
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Original on File with City Clerk's O �ce
Contract No. C
CONTRACT
THIS CONTRACT made and entered into this day of , 2014,
by and between the CITY OF PALM DESERT, a municipal corporation (hereinafter
"CITY") and TNV TOWING, ALBERTO DE LA TORRE, VERONICA DE LA TORRE,
HORACIO DE LA TORRE (hereinafter "CONTRACTOR").
RECITALS
1. WHEREAS, the City desires to comply with the laws of the State of
California, the ordinances of the County of Riverside and Palm Desert Municipal Code
Chapter 10.24, by designating a licensed contractor who will pick-up and abate
abandoned, wrecked and inoperative vehicles or parts thereof declared to be a public
nuisance in violation of Palm Desert Municipal Code Chapter 10.24 from private or
public property, and
2. WHEREAS, it is in the best interest of CITY that such a contract be
entered into for the orderly and uniform abatement of abandoned, wrecked and
inoperative vehicles, or part thereof, declared to be a public nuisance from private or
public property,
NOW, THEREFORE, the parties agree as follows:
1. Contractor's Riqhts and Authoritv. CITY grants to CONTRACTOR the
right and authority, within the jurisdictional limits of CITY, to pick-up, haul away and
remove any and all abandoned, wrecked and inoperative vehicles, or parts thereof,
declared to be a public nuisance, from private or public property within the CITY, in
accord with the applicable provisions of California Vehicle Code, the applicable
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Contract No. C
ordinances of the County of Riverside and the applicable ordinances of CITY, including,
but not limited to Chapter 10.24.
2. Service Within a Reasonable Time. CONTRACTOR shall promptly
answer all calls for service included in this CONTRACT within the CITY's jurisdictional
limits to the best of CONTRACTOR's ability. The City of Palm Desert Code Compliance
Division and/or any other agency duly authorized by CITY to provide law enforcement
services to CITY shall have the right to call any towing agency they chose in any case
CONTRACTOR is unable to respond promptly and within a reasonable time. Such
agency's request and/or if CONTRACTOR does not have the equipment reasonably
suited to the needs of the agency's request.
3. Vehicle Storaqe. CONTRACTOR shall at no time store vehicles or parts
thereof within CITY.
4. Compensation. CONTRACTOR will receive no compensation directly
from CITY for the services provided under this CONTRACT. CONTRACTOR will
receive compensation from the owner or operator of the salvage or storage yard for
vehicles or parts thereof.
5. Disposinq of Vehicles and Parts; Fillinq Required Forms.
CONTRACTOR shall complete all necessary forms as required by the California Vehicle
Code, or such other forms as reasonably required by the County of Riverside
Abandoned Vehicle Service Authority or CITY. All vehicles or parts thereof shall be
removed by the Contractor from the property described on the Removal Order and shall
be transported to a qualified/legal, authorized salvage metal recycling facility or vehicle
dismantling yard. All vehicle(s) must be dismantled or scrapped and cannot be made
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Contract No. C
operable, nor may any parts with individual (VIN) or, serial numbers being resold or
used.
6. Term of Contract. This CONTRACT shall be for a period of one (1) year
from the date of execution. This CONTRACT shall be automatically renewed from year-
to-year unless either party gives to the other party ninety (90) days written notice of
intent to terminate on the anniversary date. Notwithstanding the foregoing, CITY may
terminate this CONTRACT, with or without cause, upon ninety (90) days written notice
delivered to CONTRACTOR.
7. Performance. CONTRACTOR agrees that he will use his best efforts in
performing all services called for under this CONTRACT.
8. Hold Harmless. CONTRACTOR shall indemnify, defend, and hold
harmless the City, and its officers, employees, and agents ("City indemnitees"), from
and against any and all causes of action, claims, liabilities, obligations, judgments, or
damages, including reasonable legal counsels' fees and costs of litigation ("claims"),
arising out of the Contractor's performance of its obligations under this agreement or out
of the operations conducted by Contractor, including the City's active or passive
negligence, except for such loss or damage arising from the sole negligence or willful
misconduct of the City. In the event the City indemnitees are made a party to any
action, lawsuit, or other adversarial proceeding arising from Contractor's performance of
this agreement the Contractor shall provide a defense to the City indemnitees or at the
City's option reimburse the City indemnitees their costs of defense, including
reasonable legal counsels' fees, incurred in defense of such claims.
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Contract No. C
9. Insurance. CONTRACTOR without limiting Contractor's indemnification of
City, and prior to commencement of Work, Contractor shall obtain, provide and maintain
at its own expense during the term of this Agreement, policies of insurance of the type
and amounts described below and in a form that is satisfactory to City.
General Liabilitv Insurance: Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG
00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage, including without
limitation, blanket contractual liability.
Automobile Liabilitv Insurance: Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily
injury and property damage for all activities of the Contractor arising out of or in
connection with Work to be performed under this Agreement, including coverage for any
owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000
combined single limit for each accident.
Workers' Compensation Insurance: Contractor shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with
limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City of Palm Desert, its
officers, agents, employees and volunteers.
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Contract No. C
OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance: Contractor shall provide certificates of insurance to City as
evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement or workers' compensation. Insurance certificates and endorsement must
be approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
contract. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Duration of Coveraqe: Contractor shall procure and maintain for the duration of
the contract, insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work hereunder by
Contractor, his/her agents, representatives, employees or sub-consultants.
Citv's Riqhts of Enforcement: In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not
replaced, City has the right, but not the duty, to obtain the insurance it deems necessary
and any premium paid by City will be promptly reimbursed by Contractor, or City will
withhold amounts sufficient to pay premium from Contractor payments. In the
alternative, City may cancel this Agreement.
Acceptable Insurers: All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of
insurance in the State of California, with an assigned policyholders' Rating of A- (or
higher) and Financial Size Category Class VII (or larger) in accordance with the latest
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Contract No. C
edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
Waiver of Subroqation: All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City of Palm
Desert, its elected or appointed officers, agents, officials, employees and volunteers or
shall specifically allow Contractor or others providing insurance evidence in compliance
with these specifications to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against City of Palm Desert and shall require
similar written express waivers and insurance clauses from each of its sub-consultants.
Notice of Cancellation: Contractor agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirry (30) day notice of cancellation (except
for nonpayment for which a ten [10] day notice is required) or nonrenewal of coverage
for each required coverage.
Additional Insured Status: General liability policies shall provide, or be
endorsed to provide, that the City of Palm Desert and its officers, officials, employees,
and agents shall be additional insureds under such policies. This provision shall also
apply to any excess liability policies.
Timelv Notice of Claims: Contractor shall give City prompt and timely notice of
claims made or suits instituted that arise out of or result from Contractor's performance
under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
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Contract No. C
10. Attornev's Fees and Costs. In the event litigation is filed by either parry to
enforce the terms of this CONTRACT, the prevailing party shall be entitled to
reasonable attorney's fees and costs.
11. Equipment Required CONTRACTOR shall own or have available and shall
use all and any equipment necessary in carrying out the terms of this CONTRACT.
EXECUTED this day of , 2014.
CITY OF PALM DESERT
A Municipal Corporation
By:
VAN G.TANNER, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT,CALIFORNIA
CONTRACTOR
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