HomeMy WebLinkAboutRES.2307.09-17-2007BILL NO. 07-162 RESOLUTION NO. '� ?) o 7
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A WRECKER SERVICE AGREEMENT WITH
CAPE AUTO POOL d/b/a A & A TOWING
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute a
Wrecker Service Agreement with Cape Auto Pool d/b/a A & A
Towing. A copy of said Agreement is attached to this Resolution
and made a part hereof.
� , DAY OF Sc TC , 20C)l
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If;/.Knudts6n, Mayor
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WRECKER SERVtCE AGREEMENT
This Agreem�nt is made and entered into this "� day of
� `��-' . . 2007, by and between the City of Cape Girardeau,
Missouri, a Municipal Corporation, hereinafter referred to as
"City", and A & A Towinq, a Division of Cape Auto Pool, Cape
Girardeau, MQ 63701, hereinafter referred to as "Firm" .
NOW, THEREFORE, for and in consideration of the mutual
covenants, terms and conditions herein contained, the parties agree
as follows:
1. The City hereby designates the Firm as the official
wrecker service ta be called by the Cape Girardeau Police
Department to provide wrecker services including winching, towing
and storage tA) for vehicles involved in motar vehicle accidents
whenever a car owner or operator does not state a pre�erence for
some other firm, (B) for vehicles to be used as evidence in court
or far vehicles owned or operated by persons taken into Police
custody, (C} for vehicles obstructing traffic, (D) for City-owned
automobile�, and (E) for abandoned or derelict vehicles, whether on
public or private property.
Z. With respect to wrecker service for (A) , (B) , (C) , and
(D} above, the Firm shall provide 24-hour per day, 7-day p�r week
wrecker service within the City Limits, and shall dispatch an
appropriate wrecker unit within five (5) minutes after receiving a
Police call for service during the term of this agreement. With
respect to wrecker service for (E) above, the Firm will provide
wrecker service within at least 24-hours from the time of the call.
Unless otherwise directed by the investigating officer, a Police
call �or wrecker servic� at the scene of an accident shall be
deemed to cover all of the vehicles involved in the accident. For
vehicles towed pursuant to (C) or (E) , the investigatinq officer
may cancel a Police originated call for wrecke� service from the
Firm if the owner or operator of the vehicle claims his vehicle
before the Firm begins to tow it to the storage site.
3. The Firm will also store all vehicles towed pursuant to
(A} , (B) , (C) , (D) and (E) of Paragraph 1 above in a lighted and
secu�e storage area with a security fence, and wil.l provide
necessary additional security to prevent the loss or damage to
impounded or stored vehicles. Said storage site sha11 be located
in an area satisfactory to the City, and in compliance with
applicable zoning ordinances and regulations. The Firm shall not
park an impounded or stored vehicle outside the lighted and fenced
storage area without the prior express consent of the Cape
Girardeau Police Department or the owners of the particular
vehicle. '�he Firm shall provide access to the vehicles by the
owners thereo� �or the purpose of reclaiming said vehicles,
24-hours per day 7-days per week. There shall n.ot be a reclaim
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charge of any sort imposed on the City or the owner ot said
vehicle. Personal property may be claimed on the same basis and
under the same condition� as th� vehicle itself, provided, however,
that the Firm will not authorize the removal of any personal
property from a vehicle which has been impounded by order of the
Police Departm�nt without first obtaining permission from a Police
Department official. With this exception, access shall be
available to the owner within one tl) hour from the time of his
request for both vehicle and personal property. The Firm shall, if
so directed, deliver vehicles towed pursuant to (B) of Paragraph 1
above to the Cape Girardeau Police Department lot at 40 South
Sprigg Stx'eet for processing and at a I.ater date towed to the
storage site.
4�. The Firm shall indemnify, defend, and hold harmless the
City from and against any and all claims, demands, suits,
judgments, costs and expenses asserted by any person or persons,
including agents or employees of the City or the Firm, by reason of
death or injury to persons, or loss or damage to property,
resulting from the Firm' s operations hereunder, or as a result of
anything claimed to be done or omitted to be done by the Firm
hereunder.
5. The Firm shall obtain and maintain continuously in effect
at all times during the term of this Agreement at its sole expense
General Liability Insurance pro�ecting the City against l.iabi].ity
cahich may accrue aqainst the City by reason of the Firm's wrongful
or negligent conduct incident to, or arising out of, the provision
of services under the terms of this Agreement. Such insurance
shall provide minimum liability limits of $300, 000.00 for personal
injury or property damage to any one person in any one occurrence,
and $2, 000, 000. 00 for personal in�ury or property damage in the
aggregate far any one occurrence; and shall also name the City as a
co-insured thereunder. The Firm shall provide a copy of the
Certificate of Insurance to the City wi�hin ten (10) days after
award of the Contract, and prior to providing any services under
this Contract.
s. The Firm shall impose no charge against the City for
wrecker or storage costs of non-City vehicles, but shall colleet
al.l charges from the owner of the vehicle at the time the vehicle
is reclaimed. If the vehicle is not claimed within thirty (30)
days, it shall be deemed an abandoned vehicle and disposed of as
detailed later in this Agreement.
7. The Firm shall maintain fu11 and complete records of all
vehicles towed or stored by the Firm under the terms of this
contract. This record shall identify each vehicle by the name of
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its owner of record if known, the date towed, the vehicle
identification number, the license number, both state and year, and
the make, model and year of the vehicle. The records shall also
indica�e a statement af the towing and storage charges due and a
sta�ement as to whether the owner or his agent has claimed the
vehicle. The Firm shall provide a copy of this record to the Cape
Girardeau, Missouri Ptilice Department on the first day of each
month. In addition, this repo�ting requirement shall be an
on-going requirement and the Firm shall provide updated information
on each vehicle in its monthly report. This monthly report shall
alsa include information as to whether each vehicle has been
disposed of and by what method it has been disposed of.
Whenevex the Firm impounds a vehicle under the provisions
ot this agreement and such vehicle remains unclaimed after ninety
(90) days, such vehicle may be sold by the Firnn in accordance with
the provisions of Sections 26-76 through 26-81 inclusive of the
Cade of Ordinances ot Cape Girardeau, Missouri. A copy of the
relevant City ordinances is marked Exhibit "A", attached hereto and
made part hereof by reference as though fully se� out herein.
Whenever the Firm impounds a vehicle under the provisions
of this agreement and such vehicle remains unclaimed after sixty
(60} days, such vehicle may be disposed of by the Firm in
accordance with the pravisions of Chapter 304 . 155 et seq. Revised
Statutes of Missouri, a copy of which is marked Exhibit "B",
attached hereto and made part hereof by reference as though fully
set out herein. The Firm must elect to use one or the other of
these disposal methods and must dispose of all vehicles by one of
these methads as set out in Exhibit "A" or Exhibit "B" . The Firm
shall have the option to determine which of the two methods it will
employ but in no instance shall any disposition of the vehicles be
made except as provided by law as set out in Exhibits "A" and "B" .
$. The Firm will provide a third party Surety Bond in the
amount of Five Hundred Dollars ($500.00) to indemnify the City for
�he payment ot towing and storage services in the event that the
Eirm fails or refuses to provide said wrecker services when
requested, or in the event the Firm fails to complete this
agreement during the term hereof. Said bond shall be provided to
the City within ter� (10) days after award of this Contract and
prior to any opexations hereunder.
9. The City may cancel and terminate this Agreement in any of
the following events:
A. If on any occasion the Firm charges more than is
authorized by this Contract, or
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B. If the Firm fails, or refuses to carry out or perform
any one or more of the obligations, te�ms or
conditions of this Agreement.
The City may exercise its riqht of termination by depositing in the
United States Mail Certified its notice of termination ten {10)
days in advance of the effective date of termination.
�0. The Firm will also provide si�e clean-up, including the
removal of all loose debris on the street surface for all Police
originated calls.
��. The Firm' s storage site as required in Paragraph 2 above
shall be at the following address:
1146 S. Kingshighway, Cape Girardeau, MO 63703.
The Firm agrees to make this site available for Police inspection
at the time of submission of a bid hereunder, and if awarded the
Contract, at all reasonable times thereafter.
�2. The following are the maximum charges which the Firm may
impose, payable by the vehicle owner, for the wrecker services
rendered herein. The rates quoted herein shall apply whenever the
towing services are called for by an employee of the Cape Girardeau
Police Department, or Cape Girardeau Fire Department, while said
employee is exercising the respansibilities of his position as a
Police or Fire Department employee. The rates quoted herein shall
apply and remain the same regardless of the time of day the service
is provided, and no additional charge shall be made for winching
for distances less than twenty-five (25) feet. Furthermore, no
charge may be imposed for dollying unless i� can be shown that
three {3} or more wheels on the towed vehicle are inoperable.
TOWING: $ 34 .99 per unit to storage site.
$ 39.99 per unit to other delivery point.
$ 24 . 99 per unit from the Police Department
to the storage site.
DOLLYING: $ 39.99 three or more wheels inoperable.
WINCHING: $ 24.99 per half hour winching for distance
greater than twenty-five (25) feet.
STORAGE: $ 14 . 99 per unit for daily storage.
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GATE FEE: $ 25.00 Between 6: 00 p.m and 7 :00 a.m.
13. Firm agrees that it shall not assign or sublet all or any
portion af this Agreement without the prior wri�ten consenti of the
City.
14. If accepted this Agreement will be effective from and
after October 1, 2007 through September 30, 2008, and the Firm
shall meet all the terms and provisions of the "Specifications for
Wrecker Service" dated August 9, 2004, which are incorporated
herein by reference as though �ully set out herein, and be prepared
to provide service under the �erms of this Agreement within ten
(10) days after the date of acceptance. If both parties are in
agreement, the contract may be extended on the anniversary date of
the contract for an additional year. The extension request must be
received by the City in writing on or before August 31 . Total
length of contract not �o exceed three (3) years.
15. Operator agrees to provide all equipment necessary to
perform this contract in a workmanlike manner and operator assumes
all responsibility for damage to any ehicle thro improper
towing.
1
Signatu of Firm' s Officer
�' r�s .
Title of Official Position
Ca�e Auto Pool d/b/a A&A Towing
Name of Firm
Date Signed �-� �- (,'� �
ACCEPTED:
CITY OF CAPE GTRARDEA.U, MISSOURI
� �
Doug s K. Leslie, City Manager
Date Accepted �-:a��-��
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