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HomeMy WebLinkAbout15.D.1. Towing Contract Is,D. \ City of Shakopee CONSENT Memorandum TO: Mayor and City Council Mark McN em, City Administrator FROM: Tracy Schaefer, Assistant to the City Administrator John Flynn, Police Sergeant SUBJECT: Towing Contract - Shakopee Towing MEETING DATE: February 4,2002 Introduction City Council is asked to approve a two-year towing contract with Shakopee Towing for City towing services. Background After reviewing the expiring towing contract with Shakopee Towing, staff recommends that the City renew the Shakopee Towing contract for an additional two years (2003- 2005), with some minor modifications. The majority ofthe terms and conditions have remained the same, but some minor technical cleanup language has been changed, and some minor price adjustments. The increases in prices will not affect the City of Shakopee's budget, since these prices charged are to individuals using the towing service. The City receives 5 free calls per month, but then also pays for any service beyond 5 calls/month. Here are the following price changes for the 2003-2005: Shako ee Towin Contract Prices 2000-2002 2003-2005 Type I Tow $60 $65 Type II Tow $95 $100 Type III Tow $125 $130 Administrative Fee $20 $20 Large Vehicle Tow $125 $130 Unlocking Vehicles $35 $40 Vehicle Release $50 $50 Clean-Up Charge $20 $20 Inside Storage $25 $25 Outside Stora e $20 $20 As part of the contract, the City of Shakopee will receive up to 6 free outdoor storage spaces for forfeited vehicles. 1 Budget Impact No budget impact. Action Requested The City Council should, by motion, approve the two-year towing contract with Shakopee Towing for city towing services, effective February 4, 2003. 2 AGREEMENT THIS AGREEMENTt made and entered into this 4th day of FebruarYt 2003 by and between the City of Shakopeet and Shakopee Towingt hereinafter referred to as the "Contractor." WITNESSETH: WHEREASt the City of Shakopee desires to enter into a contract for the towingt impoundingt and storage of motor vehicles; and WHEREASt the Contractor is the operator of a towing and storing facility located in the City of Shakopee and is desirous and willing to enter into such a contract with the City. NOW THEREFOREt the parties heretoforet in consideration of the covenants hereinafter set fortht agree as follows: 1. The Contractor hereby agrees to towt impoundt and store all motor vehicles which are ordered removed under the direction of the Police Chief of the City of Shakopee or persons authorized by him/her. 2. The Contractor shall have satisfactory equipment and personnel to provide immediate service on all vehicles ordered impounded by authorized city officials at all timest twenty-four (24 ) hours a daYt seven (7 ) days a weekt holidays included. 3 . The contractor shall own or have available to the City of Shakopeet Minnesotat the following equipment: A. A minimum of two (2 ) tow trucks having a gross vehicle weight of eight thousand (8tOOO) pounds or moret equipped with a crane and winch, and further equipped to control the movement of the towed vehiclei and 1 t B. Equipment capable of uprighting and towing a loaded semi tractor-trailer combination; and C. Equipment sufficient to move a completely demolished vehicle on dollies or low-bed trailer. The Contractor agrees to maintain said equipment in good condition and repair. The City reserves the right to inspect the Contractor's equipment from time to time for the purpose of determining whether the equipment is in good condition and repair and in conformance with the terms and conditions of this Agreement. 4. All storage and parking lot facilities and equipment of the Contractor must be located within the City limits of Shakopee, Minnesota. The storage and parking lot facilities of the Contractor shall meet all applicable state and building code standards and municipal licenses and zoning requirements, including those relating to screening and landscaping. 5. The Contractor shall control and operate facilities capable of storing a minimum of four (4 ) vehicles inside and facilities capable of storing a minimum of twenty (20) vehicles outside. The Contactor will provide six (6 ) secured storage spaces for forfeited motor vehicles at no cost to the City. It is further agreed that vehicles need be stored inside only when so directed by an authorized City Official. 6. The Contractor assumes full responsibility for the conduct of its employees and guarantees that its employees will respond 2 promptly to calls, use safe and adequate equipment, be clean in appearance, use decent language, and treat the public courteously at all times. 7 . The Contractor shall be solely responsible for the loss or damage to any motor vehicle, including its equipment and contents, from the time the vehicle is turned over to the Contractor or its agent by an authorized City Official until such time as the vehicle is released to the registered or actual owner or agent thereof. 8 . The Contractor agrees to maintain proper records of all vehicles received. These records shall be approved by the Police Chief of the City and are available at all times for inspection by authorized City Officials. The records shall include a copy of the police impounding report. The Contractor must submit to the Shakopee Police Chief or his/her designee monthly reports of vehicles stored and released. The contents of these reports shall be determined by the Police Chief of the City. 9. All vehicles towed or impounded for the Police Department of the City are to be released by the Contractor only upon the showing of a release form issued by the Police Department of the City. Either the Contractor or its employee must be present at the Contractor's parking facility or on call at least between the hours of 8:30 a.m. and 5:30 p.m., Monday through Friday, and on Saturday from 9:00 a.m. to 1:00 p.m., and Sunday 3 from 10:00 a.m.to noon, for the purpose of releasing vehicles to authorized claimants. 10. It is agreed that motor vehicles will not be driven during the towing procedure. Where a motor vehicle is without tires or has flat tires, the Contractor agrees to tow the vehicle without damaging the wheels further and further agrees not to tow a vehicle on its rims, on wheels without tire, or on flat tires. 11. When the Contractor arrives at the scene of a tow where a motor vehicle accident has occurred, the Contractor assumes responsibility for removing any vehicular parts or other debris resulting from the accident. 12. The Contractor shall be entitled to a charge for its towing, storage, and debris removal services pursuant to those fees specified in the following schedule. The fees shall apply only when the car is towed to the Contractor1s storage area at the direction of the City of Shakopee. Towing requested by vehicle owners shall be subject to fees agreed upon between the Contractor and the owner including charges for towing vehicles outside the City of Shakopee. A. 1. Towing Charges: Type I, all tows which involve a vehicle which is on or immediately adjacent to a public street or alley and which can be secured for towing with the usual type of winching. $65.00. Type II, all tows which involved a vehicle which is not on or immediately adjacent to a public street or alley or which requires an unusual amount of winching 4 to secure it for towing by one tow truck or the use of a dolly to tow the vehicle. $100.00. Type III, all tows which involve a vehicle that requires, and for which a specific request has been made, two or more tow trucks. $130.00 minimum. NOTE: The designation as to the type of tow performed will be by the duly authorized agent of the City. Any disagreement with this designation shall be made in writing to the City Administrator within 24 hours. 2. Administrative Fee. A minimum $20.00 administrative fee will be added to all tows. B. Towing of Large Vehicles. Towing of vehicles of more than five (5) ton factory rated capacity. $130.00 minimum. C. Reclaimed Vehicles at Scene. If an operator of the Contractor is called to tow a vehicle and after arriving at the scene of the tow, the owner appears to claim said vehicle, the vehicle may be turned over to the owner provided the police authorize the release of the vehicle and the towing operator is paid a service fee in the amount of one-half (1/2) of the Type I towing charge. D. Storage Charges. 1. Twenty-:four (24 ) hours or fraction thereof A. Inside storage $25.00. B. Outside storage $20.00. 2. Forfeited Vehicles: Two (2 ) dollars a day to maximum of $750.00 for each forfeited motor vehicle over the allotted six (6) free storage spaces referenced in paragraph 5 of this agreement. E. Clean Up Charges. 1. Removing vehicular parts and routine sweeping and clean-up $20.00. 5 2. Removing debris other than vehicular parts, and more extensive clean-up $45.00 per ~ hour. F. Unlocking Vehicles: $40.00. G. Vehicle Release. The release of vehicles will be conducted during posted normal working hours. A release requested after normal working hours will be charged an additional service call fee of $50.00. H. The Contactor will provide the City five (5) service calls per month with no charge to the City. 13. The City shall not be responsible to the Contractor for the payment of any charge for towing, storage, clean-up, and/or unlocking vehicles. 14. Should the Contractor fail to appear at the designated point to tow within twenty (20) minutes after a call, the City reserves the right to call another tow service to perform the work. If the Contractor is called for a tow and is unable to respond, it must immediately so inform the City Official or department requesting the tow, and the City hereby reserves the right to another tow service to perform the work. In any case, only the towing service which performs the work will be paid. 15. This Agreement will not be executed nor shall the Contractor commence work under this Agreement until the Contractor has established that it has obtained the insurance coverage set forth and effect with respect to all operations of the Contractor. The Contractor agrees to furnish to the City a certificated of insurance of its policy or policies which shall be in force on the date of the execution of the Agreement and 6 shall continue for a period equal to the duration of the Agreement. The following coverage is required: A. Garage Liability and Automobile Liability as follows: 1. Bodily Injury and Property Damage Liability in the amount of not less than $1,000,000 per occurrence. 2. Garage Keepers' Legal Liability policy in the amount at least $30,000. Each of these policies shall carry an endorsement which reads; It is understood and agreed that the insurance provided under the undermentioned policy and endorsement attached thereto, is hereby extended to apply to the liability imposed by law on the City of Shakopee for bodily injury and for damage to property, which liability is assumed by the Insured under the towing Agreement between the City of Shakopee and the Insured. B. Worker's Compensation Insurance covering all employees of the Contractor working in the job in accordance with the Minnesota Worker's Compensation Law. C. Cancellation Notice the policy shall provide for 10 days notice to the City before any changes or cancellation of each policy becomes effective. 16. The Contractor shall defend, indemnify, and hold harmless the City, its employees and agents, from any and all claims, causes of action, lawsuits, damages, losses and expenses on account of bodily injury, sickness, disease, death, or property damage as a result, directly or indirectly, of the operations of the Contractor in connection with the work performed under this Agreement. In the event the Contractor shall fail to assume full responsibility for the defense of any claim after proper 7 notice, the City shall have the right to defend such action and to charge all costs thereof to the Contractor. 17. The Contractor shall operate its parking facility in compliance with the terms of this Agreement and all applicable laws, ordinances, rules, and regulations which are now in effect or which may hereafter be adopted. 18. It is mutually understood and agreed that no alteration of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 19. In the event of a breach by Contractor of any terms or condition of this Agreement, the City shall have, in addition to any other legal recourse, the right to terminate this a Agreement forthwith. 20. This Agreement shall be for a period from February 4, 2003 to February I, 2005, provided that either party may terminate the same without cause by giving ninety (90) days' written notice to the other. 21. A copy of this Agreement and a schedule of the fees authorized shall be posted in a conspicuous place in the Contractor's garage. IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their appropriate officers and their seals affixed as of the day and year first above written. 8 CITY OF SHAKOPEE: Its Mayor Its Clerk Its Administrator CONTRACTOR: By Its Revised 02/04/03 9