HomeMy WebLinkAboutRES.538.07-02-1990 t
BILL N0. 90-140 RESOLUTION N0. �_
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A �aRECKER SERVICE AGREEMENT WITH
SEABAUGH' S AUTO REPAIR & AAA WRECKER SERVICE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI , AS FOLL064S :
ARTICLE l . 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 & AAA
Wrecker Service . A copy of said Agreement is attached to this
Resolution and made a part hereof .
PASSED AND ADOPTED THIS � DAY OF �_���_, 19_q�.
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David S. Limbaugh, Mayor ro Tem
ATT EST:
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Julie Dale
Deput City Clerk
WRECKER SERVICE AGREEMENT
This Agreement is made and entered into this �h day
of �� (v , 1990 , by and between the City of Cape Girardeau ,
Missouri� Municipal Corporation , hereinafter referred to as
"City" , and Seabaugh ' s Auto Repair & AAA 4�recker Service , 809
Enterprise , Cape { Girardeau , MO 63701 , hereinafter referred to as
" Firm" .
NOW, THEREFORE, for and in consideration of the mutual
covenants , terms and conciitions herein contained , the parties
agree as follows :
l . 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 . ��7ith 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 �aithin 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 cal"1 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 toaaed pursuant to
( A ) , (B ) , ( C ) , ( D ) and ( E ) of Paragraph 1 above in a liqhted 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 directedY deliver vehicles towed pursuant to ( B ) of
Paragraph 1 above to the Cape Girardeau Police Department lot at
40 South Spr` igg Street for processing and at a later date towed to
the storaae 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 durinq 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 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
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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 .
T-�Ihenever 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 provisibns of Sections 26-159 through 26-164 inclusive of the
Code of Ordinances of 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 rnust 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 tc� 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 ,
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 ,
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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 : � 12 . 50 per unit to storage site .
� 17 . 50 per unit to other delivery point .
� 10 , 00 per unit from the Police Department
to the storage site .
DOLLYING: � 15 . 00 three or more wheels inoperable .
WINCHING : � 10 . 00 winching for distance areater 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 June l , 1990 through June 30 , 1991 , and the ' Firm shall meet
all specifications and be prepared to provide service under the
terms of this Agreernent 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
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all responsibility for damage to any vehicle through improper
towing .
SEABAUGH' S AUTO REPAIR & AAA WRECKER
SERVICE
- Signature of Firm 's Offi r
` " Charlie E. Seabaugh
Title of Official Position
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Date Signed
ACCEPTED :
CITY 0 APE GIRAR AU, �IISSOURI
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. Ronald Fis her , ity Manager
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Date Accepted
,
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