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Home My WebLink AboutRES.125.01-16-1985 ; � - «► , � BILL N0. 85-6 RESOLUTION NO. �� A RESOLUTION AUTHORIZING THE CITY MANAGER, ON BEHALF OF THE CITY OF CAPE GIRARDEAU, MISSOURI, TO ENTER INTO A WRECKER SERVICE AGREEMENT WITH JERRY CONRAD BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1 . The City Manager on behalf of the City of Cape Girardeau, Missouri, is authorized to enter into a Wrecker Service Agreement with Jerry Conrad . A copy of this agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS ��" DAY OF , 1985 �C f//Zv��( �V' +--,--��. Howard C. Tooke, Mayor ATTEST: � Y CLERK � ,_. .., , ' � WRECKER SERVICE AGREEMENT This Agreement is made and entered into this day of January, 1985, by and between the City of Cape Girardeau, Missouri , a Municipal Corporation, hereinafter referred to as "City" , and Conrad 's Body Shop, 35 South Park, 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 De- partment 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 owner 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. 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 re- ceiving 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 inves- tigating 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) , (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, and shall be maintained so that it will not be an eyesore to the community. 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 reclaim- ing 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. 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 deliver all vehicles towed pursuant to (B) of Paragraph 1 above to the Cape Girardeau Police De- partment lot at 40 South sprigg Street for storage. 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 per- sons, including agents or employees of the City or the Firm, by reason of death or injury to persons , or loss or damage to pro- perty, 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, $800, 000, 00 for personal in- jury or death of two ( 2) or more persons in any one occurrence; and $20, 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, For each calendar month the Firm will submit to the Police Chief of the City of Cape Girardeau, not later than the lOth of the following month, a list of all vehicles stored for thirty ( 30) days or more pursuant to this Contract . The list shall identify for each vehicle the owner of record, the date picked up, the vehicle identification number, the license number, state and year, the make, model, and year of the � vehicle , a statement of the towing and storage charges due, and a statement as to whether the owner or his agent has claimed -2- � the vehicle subject to payment of the towing and storage charges . The City Manager will cause a public sale to be held at least once every ninety ( 90) days at the Firm's storage site. The proceeds of the sale of each vehicle shall be applied separately to the accumulated towing and storage charges with any overage being deposited in the General Fund Account of the City. On completion of each sale unclaimed vehicles not sold will be disposed of by the Firm at no cost to the City according to law. 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. 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: 35 South Par.k , Cape Girardeau, MO 63701 The Firm agrees to make this site available for Police in- spection 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 on duty and exercising the � responsibilities of his position as a Police or Fire Department employee. The rates quoted herein shall apply and remain the -3- � same regardless of the time of day the service is provided, and no additional charge shall be made for use of a dolly. Fur- thermore, no charge may be made where a vehicle is winched less than twenty-five ( 25 ) feet, and no winch fee will be charged from the storage point. TOWING: $ 2. 02 per unit to storage site . $ 6. 92 per unit to other delivery point . WINCHING: $No charge per unit between 25 feet and 100 feet of winching. $No charge per unit over 100 feet of winching. STORAGE: $ . 98 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 January 1, 1985 through December 31, 1985, 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. Signature of Firm' s Officer Title of Official Position Conrad 's Body Shop Name of Firm Date Signed ACCEPTED: CITY OF CAPE GIRARDEAU, MISSOURI Gary A. 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