HomeMy WebLinkAboutRES.2559.09-20-2010BILL NO. 10-123
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A VEHICLE LOCKOUT SERVICE AGREEMENT
WITH SPERLINGS, INC., D/B/A SPERLINGS GARAGE
AND WRECKER SERVICE
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
Vehicle Lockout Service Agreement with Sperlings, Inc., d/b/a
Sperlings Garage and Wrecker Service. A copy of said Agreement
is attached to this Resolution and made a part her of.
PASSED AND ADOPTED THIS DAY OF �Cr ; 20
ATTEST:
Gayle/`. Conrad, City Cl
Harry E. edig-6r, Mayor
VEHICLE LOCKOUT SERVICE AGREEMENT
This agreement is made and entered into this j- day
of and between the City of Cape
Girardeau, Missouri, a Municipal Corporation, hereinafter
referred to as "City" and Sperlings, Inc., d/b/a Sperlings
Garage and Wrecker Service, 317 N. Broadview, Cape Girardeau,
MO, 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
vehicle lockout service to be called by the Cape Girardeau
Police and Fire Departments to unlock vehicles with both manual
and electric locks.
2. 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 of 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.
3. The Firm shall obtain and maintain continuously in
effect at all times during the term of the Agreement at its sole
expense General Liability Insurance protecting the City against
liability which may accrue against 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.
The Firm agrees to file with the City prior to the commencement
of the work, a certificate of Insurance naming the City as
coinsured, showing that the Firm has in force for a period equal
to the period of the contract a policy of liability insurance
insuring Firm against liability in the minimum amount of
$1,000,000.00 for all claims arising out of a single accident or
occurrence and in the minimum amount of $300,000.00 for anyone
person in a single accident or occurrence. The Firm shall
provide a copy of the certificate of Insurance to the City
within ten (10) days after award of the Contract, and prior to
providing any services under this Contract.
4. The Firm shall impose no charge against the City for
vehicle lockout service, but shall collect all charges from the
owner of record or the person requesting the service.
5. The Firm shall maintain full and complete records of all
vehicles unlocked under the terms of the Contract. These records
shall state name of the owner of record or person requesting the
service, date of service, vehicle identification number; license
number, state and year of license; make, model and year of
vehicle. The Firm shall provide a copy of this record to the
Cape Girardeau Missouri Police Department on the first day of
each month.
6. The Firm will provide a third party Surety Bond in the
amount of Five Hundred Dollars ($500.00) to indemnify the City
for the payment of vehicle lockout services in the event that
the Firm fails or refuses to provide said lockout 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 ten (10) days after award of this Contract and
prior to any operations hereunder.
7. 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 the contract, or
B. If the Firm fails or refuses to carry out or perform
anyone of more of the obligations, terms or conditions
of this agreement.
The City may exercise its right 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.
8. In the event an emergency as determined by a City
Employee exists, the Cape Girardeau Police/Fire Department may
proceed in unlocking the vehicle prior to notifying the Firm.
9. The following are the maximum charges which the Firm may
impose, payable by the owner of record or person requesting
service, for the lockout services provided herein. The rates
quoted herein shall apply whenever the lockout services are
called for by an employee of the Cape Girardeau Police
Department, or Cape Girardeau Fire Department, while said
employee is exercising the responsibilities of his position as a
Police or Fire Department employee.
$24.50 per call to
electric locks.
2
open vehicle with manual or
10. The Firm agrees that it shall not assign or Subcontract
all or any portion of the Agreement without the prior written
consent of the City.
11. This agreement will be effective from and after the
date of this contract through September 30, 2011. This
agreement may be extended without any change in service or cost
for two additional one-year terms upon agreement of the Firm and
City. The firm shall notify the City on or before August 31 of
each year of their intention to continue with the existing
agreement.
12. The Firm agrees to provide all equipment necessary to
perform this Contract in a workmanlike manner and assumes all
responsibility for damage to any vehicle through improper
workmanship.
ACCEPTED:
CITY &- CAE GIRARDEAU, MISS
AYE C
Sperlings d/b/a Sperlings
Garage and Wrecker Service
(Firm)
Signature of Fir 's Offi er
Po- � 75J,Q g7(' )
Title of Official Position
Date Signed
Scott A�e er, City M J q,r
Date Accepted Tj ``ry�rNt +d,
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