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Home My WebLink AboutRES.738.07-20-1992 . � ,* , BILL NO. 92-149 RESOLUTION NO. / �a A RESOLUTION AUTHURIZING THE CITY MANAGER TO ENTER INTO A WRECKER SERVICE AGREEMENT WITH SEABAUGH'S AUTO REPAIR & 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 enter into a Wrecker Service Agreement with Seabaugh's Auto Repair & Wrecker Service. A copy of said agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS 20'�' DAY OF , 19 7 �-: rancis E. Rhodes, Mayor ATTEST: Julie . Dale, Deputy City Clerk WRECKER SERVICE AGREEMENT his Agreement is made and entered into this �3/� day of , 1992 , by and between the City of Cape Girardeau, Miss ri, a Municipal Corporation, hereinafter referred to as "City" , and Seabaugh's Auto Repair & Wrecker Service, 809 Enterprise, Cape Girardeau, MO 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 to be called by the Cape Girardeau Police Department to provide wrecker services including winching, towing and storage (A) for vehicles involved in motor vehicle accidents whenever a car owner or operator does not state a preference for some other firm, (B) for vehicles to be used as evidence in court or for vehicles owned or operated by persons taken into Police custody, (C) for vehicles obstructing traffic, (D) for City-owned automobiles, and (E) for abandoned or derelict vehicles, whether on public or private property. 2 . With respect to wrecker service for (A) , (B) , (C) , and (D) above, the Firm shall provide 24-hour per day, 7-day per 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 for wrecker service 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 investigating officer may cancel a Police originated call for wrecker 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 secure storage area with a security fence, and will provide necessary additional security to prevent the loss or damage to impounded or stored vehicles. Said storage site shall 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. The Firm shall provide access to the vehicles by the owners thereof for the purpose of reclaiming said vehicles, 24-hours per day 7-days per week. There shall not be a reclaim charge of any sort imposed on the City or the owner of said vehicle. Personal property may be claimed on the same basis and under the same conditions as the 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 Department without first obtaining permission from a Police Department official. With this exception, access shall be available to the owner within one (1) 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 Street for processing and at a later 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 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. Such insurance shall provide minimum liability limits of $100, 000. 00 for personal injury to or death of any one person in any one occurrence, $1, 000, 000. 00 for personal injury or death of two (2) or more persons in any one occurrence; and $100, 000 . 00 for property damage in 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 within ten (10) days after award of the Contract, and prior to providing any services under this Contract. 6. The Firm shall impose no charge against the City for wrecker or storage costs of non-City vehicles, but shall collect all 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 full 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 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 indicate a statement of the towing and storage charges due and a - 2 - statement 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 Police Department on the first day of each month. In addition, this reporting 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 also include information as to whether each vehicle has been disposed of and by what method it has been disposed of. Whenever the Firm impounds a vehicle under the provisions of this agreement and such vehicle remains unclaimed after ninety (90) days, such vehicle may be sold by the Firm in accordance with the provisions of Sections 26-76 through 26-81 inclusive of the Code of Ordinances �f 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 set 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 provisions of Chapter 304 . 155 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 methods 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" . 8 . 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 towing and storage services in the event that the Firm 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 ten (10) days after award of this Contract and prior to any operations 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 B. If the Firm fails, or refuses to carry out or perform any one or 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. - 3 - � 10. The Firm will also provide site clean-up, including the removal of all loose debris on the street surface for all Police originated calls. 11. The Firm's storage site as required in Paragraph 2 above shall be at the following address: 809 Enterprise, Cape Girardeau, Mo 63701 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. 12 . 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 responsibilities 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 it can be shown that three (3) or more wheels on the towed vehicle are inoperable. TOWING: $ 11. 50 per unit to storage site. $ 17 . 50 per unit to other delivery point. $ -0- per unit from the Police Department to the storage site. DOLLYING: $ -0- three or more wheels inoperable. WINCHING: $ -0- winching for distance greater than twenty-five (25) feet. STORAGE: $ 2 . 50 per unit for daily storage. 13 . Firm agrees that it shall not assign or sublet all or any portion of this Agreement without the prior written consent of the City. 14. If accepted this Agreement will be effective from and after July 20, 1992 through July 19, 1993, and the Firm shall meet all specifications and be prepared to provide service under the terms of this Agreement within ten (10) days after the date of acceptance. 15. Operator agrees to provide all equipment necessary to perform this contract in a workmanlike manner and operator assumes - 4 - all responsibility for damage to any vehicle through improper towing. �� - � �� .� � ,�.� Signature of Firm's Officer �-� L'� � �r� '�;� Title of Official Position SEABAUGH'S AUTO REPAIR & WRECKER SERVICE �'7 •i 7 C�� / -�- /�-1.-- ` � / ��_ Date Signed ACCEPTED: CITY OF CAPE GIRARD , M SOURI r/ .� t � -c,��. . Ronald Fischer, City Manager 7- 23-92 Date Accepted - 5 - BID FORM Bid No. 00661 Proposal of: C C. i� ��-C.( �? ��,� {=+ f0 �- ��1'f;�c_.I�Pr ,�Pr,l. (Company Name) , u �.e��r�� 'OG L r<<,�-`�1 �c�;�,� ' . (Address) �'/1pP i'fl�,� f�_�7r) t ' �1�/��.� C�(1 7q (Telephone Number) organized and existing under the laws of the State of �� , doing business as SP+ �'(J�uu h. S A-r.��^� (t�L �'�� (�v ►'��1�� Co.�,�c� (corporation, partnership or sole proprietorship) . To the City of Cape Girardeau, Missouri, hereinafter called "City" . In accordance with your Specifications for Wrecker Service , we hereby propose to furnish all of the labor, equipment and materials necessary to provide official wrecker services for the City of Cape Girardeau, Missouri in strict compliance with the provisions contained in the document entitled "Specifications for Wrecker Service", Dated June 24 , 1992 within the time set forth therein and at the price stated herein. TOTAL BID TOWING: $ ,�� per unit to storage site. $ �� O per unit to other delivery point. $ per unit from the Police Station to the storage site. DOLLYING: $ � three or more wheels inoperable. WINCHING: $ for distances greater than twenty-five (25) ieet. STORAGE $ c�� Q per unit for daily storage. VEHICLE STORAGE SITE: (� (J C ��1 '�`' r n Y'�;C 'L C�-�-�r - � C�`�'� ��.CG�'!U .(',,C�:;! f: `�L(.�,1,.< i:._ �. :;-� ��F �c��, �L�>c C� , -� � -� . `'� "� ,-, ��G ry�� G��-�-!'r'-'_. ` � i� ��G�.i�. —�.,._C��:� i -^�.."� / 6�`��`��,�,��,��;�J ��G -G�`�/ BID FORM Bid No. �j Please provide list of all tow vehicles to be used YEA.R MAKE MODEL REGISTERED LICENSE TOWING WT. G.V.W. CAPACITY rv�, �)� � � � ; p� I _ VvC�-J� � s�J (�, ino. �y �r�� 3 J�� o. , �. u w - �- o /�,a ��. ,� �;, - Please provide list of tow vehicle operators Name Address Drivers License No. ,� . / ��:C � C�;, �-�� /`� ,� �6� �ac�r_,r) J/ 3� �=%-�;1y -/,��(;�-_��-!� �� ,� t�- �� a�� r �l� r►. � ' %a- Sa' �z0 3 � G� '�:'� �S ��.�==�'ir:/�':�" � � I J �r � (�'�� l.J� {�'IL = ! �y�� i � �'�,�� ,�`t ;•'- ��; � .�� , G-1 I - �'„7� - ,t��7/S- S✓�:��, SUBMITT D / �, ,� _ � i r� �, BY: O � /�/.L�i�.c-�_�" BY: �-�* ''' ).%1;""��i:�<v r:"' . ' / - (If corporation, the President and Secretary should both �ign) (If partnership, all General Partners should sign) SEAL Submit Bids To: Finance Department City Hall 401 Independence P.O. Box 617 Cape Girardeau, MO 63701 BID OPENING TO BE HELD AT CITY HALL WEDNESDAY, MAY 27 , 1992 2 : 15 PM