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HomeMy WebLinkAbout2009-067 - Vehicle tow & storageBill No. 2009- 67 Ordinance No. 2009-67 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR VEHICLE TOWING AND STORAGE WITH GLAD RENTS, INC. WHEREAS, the City of Riverside, Missouri ("City") has engaged in negotiations with Glad Rents, Inc. ("Glad's for provision of vehicle towing and storage services (the "Services"); and WHEREAS, the City and Glad have reached an agreement concerning the provision of and payment for such Services. NOW, THEREFORE, BE IT ORDAINED, by the Boazd of Aldermen of the City of Riverside, Missouri, as follows: Section 1. This Ordinance is intended and is hereby deternuned and declared to be necessary to accomplish and serve the public purpose of removing damaged vehicles from public roads, and assisting the Riverside Public Safety Department with storage of evidence. Section 2. The City of Riverside shall enter into an agreement whereby Glad shall provide the Services to the City at the costs set forth in the agreement (the "Agreement") attached hereto as Exhibit A. Section 3. The execution and delivery of the Agreement, in substantially the form attached hereto as Exhibit A, is approved, and the Mayor is authorized to execute the Agreement and to take such other actions reasonably necessayy to cant' out the intent of this Ordinance on behalf of the City, the execution of the Agreement being conclusive evidence of such approval. Section 4. The Mayor, the City Administrator, the City Attorney and other appropriate City officials aze hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. Section 5. approval. Passed this This Ordinance shall be in full force and effect from and after its passage and oS day of2009. ATTEST: C ty Clerk Mayor Kathleen L. Rose Tow Service Agreement This Agreement, made and entered into this ~ day of ~~h ~ d 9 by and between the City of Riverside, Missouri a municipal corporation, hereinafter sometimes called "City", and_Glad Rants rlnc; hereinafter called "the Contractor", for the purpose of providing towing and storage services to the City at the City's request, the City and Contractor hereby agree to the following terms and conditions: 1. Definitions: "Police Ordered Tow" is defined as being those tows, as ordered by the Public Safety Department for: A) Abandoned Vehicles; B) Rlegally Pazked Vehicles; C) Impounded Vehicles; D) Wrecked Vehicles, where the owner/driver, for whatever reason, is not capable of requesting tow service; E) The tow service, as requested by the owner/driver, is unable to respond within a reasonable period of time; F) The owner/driver does not have a preferred tow service; or G) Those items of evidence necessitating the services of a tow truck for recovery. "Storage Fee" is defined as being a fee chazged for the storage of a vehicle on the approved lot of the Contractor per each calendar day. For the purposes of administration, the first day's storage will be assessed at 12:01 a.m. of the day following the tow and at 12:01 a.m. on each day thereafter and the storage lot shall be open between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday and 9:00 a.m. to 12:00 noon on Saturday. "Evidence Storage Fee" is defined as being a fee chazged for the storage of a vehicle, which has been seized for evidence, on the approved tow lot of the Contractor per each month. For the purposes of administration, the first month's storage will be assessed at 12:01 a.m. of the day following the taw and continue for a month which by definition shall be thirty (30) days. The storage lot shall be open between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday and 9:00 a.m. to 12:00 p.m. on Saturday. "Tow Charge" shall include any charge for prepazation and towing of a vehicle including, but not limited to: unlocking doors, freeing the steering column, disconnecting the driveline, winching, dolling and mileage charges. Motorcycles may be towed on a motorcycle trailer, flat bed or sling. "Towing Service" shall include but not be limited to winching/extrication/rollovers, flat fire change, jump starting and unlocking doors. 2. Insurance. The Contractor shall maintain in full force and effect throughout the period of this Agreement general liability covering bodily injury and property damage in an amount not less than $2,000,000 combined single limit. A certificate of such policy or policies of insurance shall be famished to the City prior to the execution of the contract with the Contractor and the City shall be named as an additional insured on all said policies. The City shall receive at least ten (10) days written notice prior to cancellation of any insurance or change in insurance providers. 3. Occupational License. The Contractor shall have an occupational license from the City of Riverside. 4. Operators' License. The Contractor shall provide the City with a list of tow truck operators and verification of the appropriate operator's license. The City reserves the right to reject any tow truck operators, if in the sole determination of the City, such operator's driving record contains traffic violations that reflect an unsatisfactory safety record. 5. Safety Equipment. The Contractor shall insure that all vehicles aze equipped with fire extinguishers, safety chains (minimum 3/8" chain), yellow oscillating or flashing light bars, broom bucket and shovel, oil absorbent material and auxiliary taillight hook-ups on every tow truck utilized for towing vehicles. 6. Response. The Contractor shall maintain and provide the necessary equipment, personnel and service to respond as required herein 24 hours a day, 365 days per year for police ordered tows. The Contractor shall respond within a 20 minute time period under normal road and traffic conditions, with priority given to the Riverside Police Department requests for service. 7. Storage Lot. The Contractor shall own or lease a storage lot within 10 miles of Riverside, Missouri which shall be utilized by Contractor for every tow required hereunder, unless another location is designated by the owner/operator of the vehicle and approved by the requesting officer. The storage lot must be completely enclosed by an opaque chain link fence at least six (6) feet high, sufficiently secured to protect against the intrusion of unauthorized persons and provide a minimum storage capacity for twenty (20) vehicles. Such fencing shall be completely opaque, with any open areas in the fencing (such as gates) positioned away from residential structures. Such fencing shall not allow the view of any vehicle or materials inside the fenced enclosure from off the premises. The storage lot operated by the Contractor shall be open 8:00 a.m. to 5:00 p.m. Monday through Friday and 9:00 a.m. to 12:00 p.m. on Saturday for an owner to retrieve a vehicle towed to the lot. 8. Tow of City Vehicles. The Contractor shall provide towing service for all vehicles owned by the City of Riverside, Department of Public Safety, within a 50 mile radius from Riverside city limits, at no chazge and shall exclude fire trucks, ambulances and city maintenance vehicles. 9. Hold Harmless. The Contractor shall protect and hold harmless the City of Riverside, Missouri from any and all claims, for any loss, damage or injuries sustained by any person or properly which may arise out of the towing of a vehicle and/or involving the contents of a towed vehicle. In addition, the Contractor shall protect and hold harness the City of Riverside from any and all claims for any loss, damage or injuries sustained by a person or entity arising out of the awazd of this contract. 10. Other Regulations of City. The contractor shall obtain a copy of the City of Riverside Municipal Codes Sections 210.640, 215.060, 355.100 and 375.070 and obey all regulations set forth in the ordinance and provisions regulating tow vehicles. Additionally, the Contractor shall obtain a copy of the Standard Operating Procedures of the Riverside Department of Public Safety, Order No. 91-SOP-003 which was issued May 10, 1991, regazding towing and protective custody of towed and abandoned vehicles and will follow guidelines set forth in said Standazd Operating Procedures relating to towing vehicles. 11. Accident Debris. The Contractor shall completely remove accident debris from the roadway, curb and gutter. 12. Public Safety Access to Storage Lot. The Contractor shall provide 24-hour access to the storage lot for the purpose of evidence processing for the Riverside Police Department. 13. Towing Service Information Sheet. The Contractor shall provide a Towing Service Information Sheet to all customers which includes: Contractor's name, address, tow lot address, phone number, hours of operation, price list of services and designation of a private or police tow. If the owner/operator, is unavailable the information sheet will be provided to the Riverside Public Safety Officer requesting the tow. 14. Monthly Report. The Contractor shall provide the City of Riverside Police Department with a monthly report which indicates the release and or disposition of each vehicle towed by the Contractor. 15. Release of Vehicle. The Contractor shall not release a vehicle of aPolice-Ordered Tow without a Riverside Police Department release form. 16. Tow Rates. The Contractor agrees to provide the services set forth herein at the rates provided in Exhibit "A" which is attached hereto and incorporated herein by reference. 17. Dispatch. The City agrees to dispatch the Contractor to the site of any police-ordered tow during the term of this agreement. However, it is expressly understood by the parties hereto that if the Riverside Police Department is unable to contact Contractor for any reason or is otherwise unable to obtain an response to the scene from the Contractor within a reasonable period of time, that another tow operator may be contacted by the Riverside Police Department for removal of the subject vehicle (s) and such shall not be deemed a breach of the Agreement. Determination of whether Contractor or any other tow services may respond "within a reasonable period of time" shall be at the sole discretion of the requesting officer, based on the facts and circumstances of the requested tow. 18. Term. The Agreement, its terms, conditions, provisions, covenants, duties, responsibilities and liabilities of the Parties shall remain in effect for a period of five years or so long as the Parties hereto act and perform in accordance with this Agreement. The term of the Agreement shall commence 12:01 a.m. July 1, 2009 and expire at 11:59 p.m. June 30, 2014. 19. Option to Extend Term. The City shall have the option to extend the term of this Agreement for two additional 24-month periods. The City will notify the Contractor not less than sixty (60) days prior to the expiration of the initial five-year term of the Agreement of its decision to exercise this option. 20. Waiver. A waiver by any party of any breach or default of another party to this Agreement shall not be deemed or construed to be continuing waiver of such breach or default, nor a waiver or permission, expressed or implied, for any subsequent breach or default. 21. Modifications. This Agreement and the attachments hereto contain the entire understanding between the parties hereto. No modification of this Agreement shall be binding unless the same is agreed to in writing between the parties. 22. Assignment. This Agreement may not be assigned by the Contractor without the written consent of the City of Riverside. 23. Binding Effect. The provisions of this Agreement shall bind and ensure to the benefit of the successors and assigns of each Party to this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement in five (5) counterparts, each shall be considered and construed as original. CONTRACTOR B : ~s`I/, J~ , CITY OF RIVERSH)E, MISSOURI By: d~ Kath Rose, Mayor Attest: Louise Rusick, City Clerk EXHIBIT A REQUEST FOR PROPOSAL TOWING CONTRACT PROPOSAL FORM The undersigned, having been familiarized with the requirements of this Proposal for Towing Service Agreement with the City of Riverside, hereby proposes to famish towing and storage services to the City of Riverside for the following chazges: (These chazges do not relate to City Vehicles.) ITEM DESCRIPTION AMOUNT 1. Tow, auto, light truck hookup $50 2. Flat bed tow $50 3. Impounded vehicles $100 4. Abandoned/junk/stranded vehicles $55 5. Jump start Disabled vehicles $55 6. Flat tire -disabled vehicles $55 7. Winching/ Extrication/ Rollovers $2 per foot 8. Dolly or Float $60 9. Wheel Lift $60 10. Extra labor (additional men truck) $75 il. Storage $30 12. Evidence Storage Fee (Monthly. No chazge to City ifnot impounded,) $30 13. Private Citizen's wrecked vehicles: (a) Citizens incapable to request a tow or (b) Requested tow does not respond or (c) Non -preference $125 6 14. Estimated Response Time I5. Motorcycle Tow 16. City Vehicles, outside the fifty mile radius 17. City Fire Apparatus 18. City Ambulances & Maintenance Truck in excess of 18,000 GV W 15 minutes $55 $3 per mile $150 Flat Fee $125 Flat Fee OFFICAL ADDRESS: ~~~ C1~-J~~ i FIRM NAME ~ ~ !~ ~ S N O CIPAL OWNER TITLE Phone:g;l~ /6 ` ~74u Date:Cp ~ ~ Y ~ / BY THE CITY OF RIVERSIDE, PURSUANT TO ORDINANCE ~~~~ ~/ DA Kathy Rose Mayor EXHIBIT A REQUEST FOR PROPOSAL TOWING CONTRACT PROPOSAL FORM The undersigned, having been familiarized with the requirements of this Proposal for Towing Service Agreement with the City of Riverside, hereby proposes to famish towing and storage services to the City of Riverside for the following charges: (These chazges do not relate to City Vehicles.) ITEM DESCRIPTION AMOUNT 1. Tow, auto, light truck hook up $50 2. Flat bed tow $50 3. Impounded vehicles $100 4. Abandoned/junk/stranded vehicles $55 5. Jump start Disabled vehicles $55 6. Flat fire -disabled vehicles $55 7. Winching/ Extrication/ Rollovers $2 per foot 8. Dolly of Float $60 9. Wheel Lift $60 10. Extra labor (additional men/truck) $75 11. Storage $30 12. Evidence Storage Fee (Monthly. No charge to City if not impounded.) $30 13. Private Citizen's wrecked vehicles: (a) Citizens incapable to request a tow or (b) Requested tow does not respond or (c) Non -preference $125 6 14. Estimated Response Time I5. Motorcycle Tow 16. City Vehicles, outside the fifty mile radius 17. City Fire Appazatus 18. City Ambulances & Maintenance Truck in excess of 18,000 GVW OFFICAL ADDRESS: FIltM NAME 15 minutes $55 $3 per mile $150 Flat Fee $125 Flat Fee SIGNATURE OR PRINCIPAL OWNER TITLE Phone: Date: BY THE CITY OF RIVERSIDE, PURSUANT TO ORDINANCE ~~~9 6 Kathy Rose Mayor 7