HomeMy WebLinkAbout15.C.3. Towing Contract
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~ Memorandum
TO: Honorable ~ayo~ and Ci1?' ~ouncil C.. '.' 0.'1 N'S<,:.'::' E...,'.'N,. ',T,...
Mark McNeIll, CIty AdmmIstrator . . { i. c' ..,' ., ; ~
".. " ,;,. .' :.:t .. .. .;;~ Ii. ...
FROM: John Flynn, Sergeant ~
SUBJECT: City Towing Contract
DATE: December 30,2004
INTRODUCTION:
The Shakopee Police Department is requesting the Council to approve a two-year
contract for vehicle towing and storage services with Shakopee Towing, Inc.
BACKGROUND:
The City has utilized the services of Shakopee Towing for the past two years under the
existing contractual agreement. The contract expires January 31, 2005. Shakopee
Towing has consistently met, and on occasion exceeded, their responsibilities to the City.
The Contractor has proposed fee increases as listed below:
Paragraph 12, A. 1. Towing Charges from $65.00 to $70.00
Paragraph 12, B. Towing of Large Vehicles from $130.00 to $150.00
Paragraph 12, D. 1. (A) Inside storage from $25.00 to $35.00
Shakopee Towing, Inc. has not increased their fee schedule since 2002. The cost of
doing business has increased over the past three years. I contacted three area Police
Departments to do a fee analysis. The Contractor's proposed fee increase is consistent
with current fees being charged by other towing companies.
RECOMMENDATION:
Staff recommends that the two year contract, with the agreed upon fee changes and
additional language be renewed for a two-year period.
ACTION REQUESTED:
If the Council concurs, they should, by motion, authorize the appropriate city officials to
enter into a two-year contractual agreement with Shakopee Towing, Inc., for towing,
impounding and storage of motor vehicles.
JF:pm
CITY OF SHAKOPEE
Police Department IS. c. 3.
Memorandum
TO: Honorable Mayor and City Council CONSENT
Mark McNeill, City Administrator
John Flynn, Sergeant ~
FROM:
SUBJECT: City Towing Contract
DATE: December 30, 2004
INTRODUCTION:
The Shakopee Police Department is requesting the Council to approve a two-year
contract for vehicle towing and storage services with Shakopee Towing, Inc.
BACKGROUND:
The City has utilized the services of Shakopee Towing for the past two years under the
existing contractual agreement. The contract expires January 31,2005. Shakopee
Towing has consistently met, and on occasion exceecded, their responsibilities to the
City.
The Contractor has proposed fee increases as listed below:
Paragraph 12, A. 1. Towing Charges from $60.00 to $70.00
Paragraph 12, B. Towing of Large Vehicles from $125.00 to $150.00
Paragraph 12, D. 1. (A) Inside storage from $25.00 to $35.00
Shakopee Towing, Inc. has not increased their fee schedule since 2002. The cost of
doing business has increased over the past three years. I contacted three area Police
Departments to do a fee analysis. The Contractor's proposed fee increase is consistent
with current fees being charged by other towing companies.
RECOMMENDATION:
Staff recommends that the two year contract, with the agreed upon fee changes and
additional language be renewed for a two-year period.
ACTION REQUESTED:
If the Council concurs, they should, by motion, authorize the appropriate city officials to
enter into a two-year contractual agreement with Shakopee Towing, Inc., for towing;
impounding and storage of motor vehicles.
JF:pm
CITY OF SHAKOPEE
AGREEMENT PROVIDING FOR TOWING, IMPOUNDING,
AND STORAGE OF MOTOR VEHICLES
THIS AGREEMENT, made and entered into this ~ 1st day of
February, ~, 2005 by and between the City of Shakopee, and
Shakopee Towing, hereinafter referred to as the "Contractor."
WITNESSETH:
WHEREAS, the City of Shakopee desires to enter into a contract
for the towing, impounding, and storage of motor vehicles; and
WHEREAS, 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 THEREFORE, the parties heretofore, in consideration of the
covenants hereinafter set forth, agree as follows:
1. The Contractor hereby agrees to tow, impound, 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 times, twenty-four (24 )
hours a day, seven (7 ) days a week, holidays included.
3. The contractor shall own or have available to the City of
Shakopee, Minnesota, the following equipment:
A. A minimum qf twq (2) tow trucks having a gross vehicle
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weight of eight thousand (8,000) pounds or more, equipped
with a crane and winch, and further equipped to control
the movement of the towed vehicle; and
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 for one (1) week,
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.
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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
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 contento
of theoe reports oh~llbe 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
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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 from 10:00 a.m.
to noon, for the purpose of releasing vehicles to authorized
claimants.
10. It i3 ~greed th~t motor vehicles ;;ill not be driven during the
tm;ing procedure. Where ~ motor vehicle i:J without tires or h~s
fl~t tireo, The Contractor agrees to tow ~ vehicle~ without
dam~ging the ;;heels further damaging said vehicles, ~nd further
~grecs not to tm; a vehicle on i to rims, on ",heelo \,i thout tire,
or on flat tireo.
1I. When the Contractor arrives at ~ an accident scene ef-a to tow
",here a motor vehicle ~ccident hao occurred vehicles involved in
an accident, 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 Contractor's storage area, at the
direction of the City of Shakopee. Towing requested by vehicle
owners shall be subject to fees agreed upon between the
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Contractor and the owner including charges for towing vehicles
outside the City of Shakopee.
A. 1. Towinq Charqes:
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 $70.00.
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
to secure it for towing by one tow truck or the use
of a dolly to tow the vehicle. ;;100.00 $105.00.
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 $135.00
minimum.
NOTE: The designation as to the type of tow
performed will be 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. Towinq of Larqe Vehicles.
Towing of vehicles of more than five +5+ (8) ton factory
rated capacity. ;;130.00 $150.00 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.
S
D. Storaqe Charqes.
l. Twenty-four (24) hours or fraction thereof
A. Inside storage $25.00. $35.00.
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 Charqes.
l. Removing vehicular parts and routine sweeping
and clean-up $20.00.
2. Removing debris other than vehicular parts,
and more extensive clean-up $45.00 per ~ hour.
F. Unlockinq Vehicles: $40.00 $50.00.
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
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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
shall continue for a period equal to the duration of the
Agreement. The following coverage is required:
A. Garaqe Liability and Automobile Liability as follows:
1. Bodily Iniury and Property Damaqe Liability in the
amount of not less than $1,000,000 per occurrence.
2. Garaqe Keepers' Leqal 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
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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
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
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legal recourse, the right to terminate this a Agreement
forthwith.
20. This Agreement shall be for a period from February 4, 2003, to
February 1, 2005, February I, 2005 to February I, 2007, 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.
CITY OF SHAKOPEE:
Its Mayor
Its Clerk
Its Administrator
CONTRACTOR:
By
Its
Revised 01/01/05
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