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HomeMy WebLinkAboutRES.796.02-01-1993 BILL NO. 93-27 RESOLUTION NO. ��i(�' A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A VEHICLE LOCKOUT 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 execute a Vehicle Lockout 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 ^i y DAY OF '�' a` i' � , 19 1��. _..� � � _ " ' ," � �� _,���j,-�.�Gl� .� , �`.� ' �c.-�- Francis E. Rhodes, Mayor ATTEST: �"� � � ��,,:�-� ��,r �� �'?� ��G`( Gayl� L. Conrad, Deputy City Clerk 4 VEHICLE LOCKOUT SERVICE AGREEMENT ! This Agreement is made and entered into this �5� day of c-����;.i_�� �;:.�--- , 19 93 , by and between the City of Cape Girardeau,fMi�i, 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 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 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. 3 . 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. 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 $100, 000. 00 for any one 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 this 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 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. 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. $ 15 . 00 per call to open vehicle with manual or electric locks. 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. If accepted this Agreement will be effective from and after February 1, 1993 through January 31, 1994 , 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. -2- 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. Z Signature of Firm's Officer Charles E. Seabaugh, Owner Title of Official Position Seabaugh's Auto Repair & Wrecker Service Name of Firm r� — � ' f � Date Signed ACCEPTED: ATTEST: CITY OF CAPE GIRARDEAU, MISSOURI 1 � ��' ,� /� ; a /C i' �;:� �� i ii % '.i� J Ronald Fischer, City Manager �ayle� Conradp �f Deputy City Clerk :�_�_ ,�, �_. Date Accepted -3- ��� � _.. .. . .e ;.,.._x,. , .a �:� �„s ��a„ ; • , . „� �, e - �� ,�� _ � :�'� CITY OF CAPE GIRARDEAU , _ � . . _ � .._ . ,. .;. ... .. ... .. �. . .. . ..... CITY HALL FINANCE DIRECTOR P.O.BOX 617 � CAPE GIRARDEAU,MO 63�02-0677 January 8, 1993 Subject: Bid No. 00705 VEHICLE LOCKOUT SERVICE AGREEMENT Dear Vendor: Attached are copies of the bid form and requirements for vehicle lockout service as required by the City of Cape Girardeau. The successful bidder shall provide service per the terms and conditions set forth in the attached documents for areas within the Cape Girardeau City limits for a period of one year. This now includes I-55 and the airport. Please read all attachments and complete bid form. Return bid form to Nancy D. Poston, Buyer at City Hall, 401 Independence, Cape Girardeau, Missouri at or before 2 : 45 PM, January 21, 1993 . A copy of tal contractnwilltbes executedd only�uafterinawardtlof only. Actu bid. Sincerely, � � � ���� Nancy D. �oston Buyer .� "HOME OF MISSOURI STATE FLAG" � BID FORM I `�' ' Bid No. 00705 Proposal of:`� _ �=�-�t i . .,;c�� , : �.'.-�; �, , � � -t ;.` ; _ `.,; � (Company Name) ��icj h- �'� r i.� ! ; � (Address) C, t. � � - � � �� ' 1��' " ' ��- r% `' (Telephone Number) organized and existing under the laws of the State of If�(i • , doing business as �i� c'� :. C ',�- �� o C `�h : � , (corporation, partnership or sol`e proprietorship) . To the City of Cape Girardeau, Missouri, hereinafter called "City". In accordance with your Specifications for Vehicle Lockout Service , we hereby propose to furnish all of the labor, equipment and materials necessary to provide official vehicle lockout services for the City of Cape Girardeau, Missouri in szricL compliance w�t: �he provisions contained in the document entitled "Specifications for Vehicle Lockout Service" , dated within the time set forth therein and at the price stated herein. TOTAL BID " - VEHICLE LOCKOUT SERVICES : $ ���: U (,� per unit to unlock manual lock. $ ���'�_� per unit to unlock electric lock. SUBMIT'T�.D � � _ BY: j � � ��� r� :-n: �� �r,��ti BY: (If corporation, the President and Secretary should both sign) (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 Bid No. 00705 Date: Jan. 8 , 1993 CITY OF CAPE GIRARDEAU SPECIFICATIONS FOR VEHICLE LOCROUT SERVICE Sealed bids for the provision of vehicle lockout services for the City of Cape Girardeau, Missouri, will be received by the Division of Purchasing, Finance Department at City Hall, 401 Independence, Cape Girardeau, Missouri 63701, until 2 : 45 PM, January 21, 1993 , and publicly opened and read aloud. 1. GENERAL REQUIREMENTS: 1. 1 Each bid must be submitted in a sealed envelope, addressed to the City of Cape Girardeau, Missouri. Each sealed envelope containing a bid must be clearly marked on the outside as a "Bid For Vehicle Lockout Services" , and should indicate the name of the bidder, his address and telephone number or should be submitted in the envelope provided. All bids must be submitted on the City's Bid form and each Bid form must be fully executed. 1. 2 The City reserves the right to waive all formalities, informalities, or minor defects, and also reserves the right to reject any or all bids. Any bid received after the time and date specified above shall not be considered, and will be rejected. Further, no bidder may withdraw his bid within sixty (60) days after the actual date of the opening of the bids. 1. 3 The successful bidder shall at his own expense obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried on as a result of the bid award. 1.4 The successful bidder 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 successful bidder, by reason of death or injury to persons, or loss or damage to property, resulting from the successful bidder's operations, or as a result of anything claimed to be done or omitted to be done by the successful bidder as a result of the bid award. Bid No. Date: 2 . VEAICLE LOCKOIIT SERVICES: 2 . 1 The successful bidder shall provide services that include opening vehicles with both manual and electric locks. 2 . 2 The successful bidder shall provide 24 hour per day, 7 days per week lockout service within the City Limits (includes I-55 and the Municipal Airport) , and shall dispatch a unit within 15 minutes after receiving a Police/Fire call for service. 3 . EMERGENCY RESPONSE: 3 . 1 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 successful bidder. 4 . EQUIPMENT: 4 . 1 The successful bidder shall provide and maintain all equipment needed to perform vehicle lockout services. 4 . 3 All equipment shall be available for inspection by the City prior to the bid award to determine bidders ability to perform services specified. 5 . PERSONNEL: 5. 1 The successful bidder's staff must at all times act in a manner that will maintain the best possible public relations. 5. 2 The successful bidder shall instruct all employees involved with the lockout contract to co-operate with the Police and City employees at all times so as to provide minimum inconvenience and maximum safety to the public and shall reprimand or remove any employee who fails to do so. 6 � RECORDS & INSPECTION: 6. 1 The successful bidder shall maintain full and complete records of all vehicles unlocked under the terms of the contract. J � �, Bid No. Date: 6. 2 This record shall maintain the following information for all vehicles unlocked: 6. 2 . 1 Name of the owner of record or person requesting the service. 6. 2 . 2 Date of service. 6.2 . 3 Vehicle identification number. 6. 2 . 4 License number, state, and year. 6. 2 . 5 Make, model and year of vehicle. 6 . 3 A copy of this record shall be provided to the Cape Girardeau, Missouri Police Department on the first day of each month. 7. MAXIMUM CHARGES: 7. 1 The charges proposed by the successful bidder shall be the maximum charges which the Vendor may impose, payable by the vehicle owner, for the lockout services rendered herein. The rates proposed herein shall apply and remain the same regardless of the time of day the service is provided or the day of the week the service is provided. 7. 3 The successful bidder shall not charge for unsucessful attempts to open vehicles. 8 . INSURANCE: 8 . 1 The successful bidder shall obtain and maintain continuously in effect at all times during the term of this contract at its sole expense General Liability Insurance Protecting the City against liability which may accrue against the City by reason of the successful bidders wrongful or negligent conduct incident to, or arising out of, the provision of services under the terms of this contract. The successful bidder 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 successful bidder has in force for a period equal to the period of the Contract a policy of liability insurance, insuring the successful bidder against liability in the minimum amout of $1, 000, 00. 00 for all claims arising out of a single accident or occurrence and in the minimum amount of $100, 00 . 00 for any one person in a single accident or occurrence. Bid No. 00705 Date: Jan. 8 , 1993 8 . 2 A copy of the Certificate of Insurance must be provided to the City within ten (10) days after award of the contract, and prior to providing any services under this contract. 9. SIIRETY BOND: 9 . 1 The successful bidder shall provide 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 successful bidder fails or refuses to provide said lockout services when requested, or in the event the successful bidder fails to complete this agreement during the term hereof. Said bond shall be provided to the City within ten (10) days after receiving notification of bid award. 10. EVALIIATION OF BIDS: 10. 1 The City may make such investigations as it deems necessary to determine the ability of each bidder to perform the work included in the project, and each bidder shall furnish to the City all necessary information, assistance, and data for this purpose. 10 . 2 The bid form attached must be completed in full and returned before the specified date. 11. AWARD OF CONTRACT: 11. 1 Within ten (10) calendar days from the receipt of the notice of award of the contract, the successful bidder shall execute the contract for this project and shall submit the following to the City Attorney: 13 . 1. 1 Certificates of Insurance for the insurance coverage required herein. 13 . 1. 2 The Performance Bonds specified herein. 11. 2 All applicable laws, ordinances, codes, rules and regulations of all authorities having jurisdiction over any portion of this contract shall apply to and be observed by the bidder. Bid No. 00705 Date: Jan. 8 , 1993 12 . CANCELLATION OF AAARD: 12 . 1 The City may cancel and terminate the award contract in any of the following events. 12 . 1. 1 If on any occasion the successful bidder charges more than is authorized by this Contract, or 12 . 1. 2 If the successful bidder fails, or refuses to carry out or perform any one or more of the obligations, terms and conditions of the contract and/or the terms and conditions set forth in the specifications. 15. OPTION TO EXTEND CONTRACT: 14. 1 If both parties are in agreement the contract may be extended on the anniversary date of the contract for an additional year. Total length of contract not to exceed three (3) years.