Loading...
HomeMy WebLinkAboutContract 2107~70~ TOWING AGREEMENT THIS AGREEMENT entered into this ~S day of ac S , 2008 by and between the City of Columbia Heights, a municipal corporation, ereinafter referred to as "City", and Jeffs Bobby & Steves Autoworld, hereinafter referred to as "Autoworld". WHEREAS, by letter dated May 3, 2008, the City requested bid proposals for the purpose of retaining a service to provide towing, impounding and storage of motor vehicles for the City 24 hours per day, 365 days per year, and on an as needed and directed basis. WHEREAS, pursuant to the criteria set forth in the City's request for bid proposal dated May 3, 2008, the City has determined Autoworld will best serve the City's needs. NOW, THERFORE, IT IS HEREBY MUTUALLY AGREED, in consideration of each party's promises, and considerations herein set forth, as follows: 1. Incorporation. The parties hereby agree that the following are incorporated into and made part of this agreement: a. Recitals set forth above; b. City's request for bid proposal for towing, impounding and storage of motor vehicles dated May 3, 2008 ("City's Request"), a copy of which is attached hereto as Exhibit A; and c. Autoworld's completed Tow Bid Worksheet, a copy of which is attached hereto as Exhibit B. 2. Term. This Contract for service shall commence on August 1, 2008 and terminate on July 31, 2010 unless terminated sooner pursuant to the termination provision of paragraph 8. 3. Services. Autoworld shall provide towing, impounding and storage for motor vehicle service as specified in the City's Request and set forth in Autoworld's response to the City's Request. 4. Compensation. Autoworld shall be entitled to a charge for its towing and storage services pursuant to the fees submitted in its response to the City's Request. 5. Independent Contractor. The parties to this Agreement agree that Autoworld, and any of its designated representatives or employees, is an independent contractor. Autoworld, and any of its designated representatives or employees, are not employees of the City and are not entitled to the benefits provided by the City to its employees, including but not limited to health, worker's compensation and unemployment insurance, and pension or employee benefit plans. Autoworld has and retains full control and supervision of the services and full control over the performance of the services required under this agreement. 6. Indemnification. Autoworld is solely responsible for loss or damage to any vehicle, including all equipment and contents, from the time direction is given by the authorized City representative turning the vehicle over to Autoworld or its agents, until such time as the vehicle is legally released to the registered or actual owner or legal agent thereof, or to an authorized police agency. Autoworld agrees to indemnify the City and hold it harmless from and against any and all claims, suits and actions against, and all loss, damage, costs or expense to the City, including attorneys fees and cost of defense that may be caused directly or indirectly by Autoworld, it's agents and/or employees related in any manner to the performance of this Agreement. Autoworld shall further indemnify the City against all liability and loss in connection with, and shall assume full responsibility for, payment of all federal, state and local taxes or contributions imposed or required under employment insurance, social security and income tax laws, with respect to Autoworld employees engaged in performance of this Agreement. 7. Insurance. During the term of this Agreement, Autoworld shall procure and maintain at is own expense insurance as specified in the City's Request. Autoworld shall provide the City with proof of said insurance prior to executing this Agreement and during each year of this Agreement. The City of Columbia Heights shall be named as an additional insured on said policies. 8. Termination. Either party may terminate this Agreement with or without cause upon ninety days written notice. 9. Separability. In case any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and any other application thereof shall not in any way be affected or impaired thereby. 10. Notification Information. Any notice to the parties herein shall be deemed to have been given or delivered on the date sent, if sent by certified mail addressed as follows, or to such other address as a party may subsequently request by certified mail: To City: Walt Fehst, City Administrator City of Columbia Heights 590 40t"Avenue NE Columbia Heights, MN 55421 With a copy to: Scott Nadeau, Police Chief Columbia Heights Police Department 559 Mill Street NE Columbia Heights, MN 55421 With a copy to: James D. Hoeft, Esq. Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 To Jeff s Bobby &Steves: Jeff Bahe Jeff's Bobby &Steves Autoworld 3701 Central Avenue NE Columbia Heights, MN 55421 2 11. Third Party Beneficiary. This Agreement is created for the sole benefit of the City of Columbia Heights and shall not create any third party beneficiary rights. 12. Assig__nment. This Agreement may not be assigned without the prior written consent of the City. 13. Entire Agreement. This Agreement contains the entire understanding between the parties, and no statements, promises, or inducements made by either party that are not contained herein shall be valid or binding; this Agreement may not be enlarged, modified, or altered except in writing signed by the parties. 14. Jurisdiction. Any and all suits for any and every breach of this Agreement must be instituted and maintained in a court of competent jurisdiction in the County of Anoka, State of Minnesota. 15. Governing Law. The laws of the State of Minnesota in all respects shall govern this Agreement. 16. Binding Agreement. This Agreement shall be binding upon and extend to the respective representatives, heirs, successors and assigns of the parties hereto. JEFF'S BOBBY & STEVES AUTOWORLD By: eff Bahe 422283_1 By: ~~,G ~ City Administrator, Walt Fehst COLUMBIA HEIGHTS POLICE DEPARTMENT 559 MILL STREET N.E., COLUMBIA HEIGHTS. MN 55421-3822 (763) 706-3750 TDD (763) 706-3692 Jeffs Bobby & Steve's 3701 Central Ave NE Columbia Heights MN 55421 To Whom It May Concern: May 3, 2008 The Columbia Heights Police Department (herein after CHPD) is in the process of accepting bids from private tow companies for atwo-year contract from August 1, 2008 through August 1, 2010. You are receiving this letter because you may be eligible to bid on the tow contract for the city. Below is a list of criteria that will be required by the CHPD in the towing contract: • No charge towing and tire changing for all Columbia Heights Police Vehicles. • The tow company impound lot must provide secure storage for all vehicles, be located in Anoka County, and within ten miles of the CHPD. • The tow service must provide 24 hours per day, 7 days per week service. • The CHPD requires an average response time of twenty minutes. This time period is calculated from tl~e time of the request to the time of the tows arrival. • Impound/storage fees from CHPD administrative forfeitures and vehicles on an investigative hold for the CHPD will not exceed $175.00, plus the cost of towing. • .The tow company must provide temporary, secure, and heated indoor storage for vehicles placed on investigative hold by the department. This is typicall -term storage for vehicles awaiting forensic processing and/or search warrants. ~ p • The CHPD will charge a $~~ administrative fe on all vehicles impounded. This does not include private tows requested by the CHPD as a courtesy to the vehicles owner. The towing service will keep a listing of impounded vehicles and an account balance of fees owed to the CHPD. The tow service will send a monthly reconciliation of the account balance (reflecting both credits and debits). The account shall be paid on an annual basis prior to December 15th. • All fees and charges to the registered owner are to be included with the cost of the tow. • Prior to the execution of the agreement, the tow service shall provide proof of insurance as follows: o Garage liability insurance providing coverage on the contractor's premises, operations, CQn'1 1?ted nr~a;-~r'rn a, ~ r( X11 .:,nAd, l~.Ir?d, al?cl nnn-p~x,r, ~,.~tc? C1J~1~. ~:1 Lle 1~•:1 tS l; n j 1 n P _. Q er~ m i c i t: ~:^ "` S •x'i*c minimum limits of $1,000,000 per occurrence. o Garage keeper's legal liability coverage providing physical damage.coverage on all automobiles in the contractor's care, custody or control, with nululnum limits of $100,000 per location. o On all such policies, the City of Columbia Heights shall be named as an additional insured. The certificate of insurance shall state that the coverage may not be cancelled or not renewed without 30 days' prior written notice to the city. If your company is able and willing to meet these requirements, we invite you to submit a bid for tow services. Please use the attached worksheet with this letter to submit with your bid for tow services for the Columbia Heights Police.Department. All bids are due to the police department no later than June 1, 2008. The City of Columbia Heights reserves the right to reject all bids. If you have any questions please contact me at (763)706-3755. rely, _.. Le Austin Interim Captain umbia Heights Police Department THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF OISABILI7Y IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER ~LUMBIA HEIGHTS POLICE DEPARTMENT 559 MILL STREET N.E., COLUMBIA HEIGHTS, MN 55421-3822 (763) 706-3750 TDD (763) 706-3692 2008 CHPD Tow Bid Worksheet ~. Name of Tow Company,c~-~-~~' ..S .' ~c~!~' s ~ •->~-- -S~ e c.'c~..5 ,~-~f-~ L~J ~, ,~ ~,,~9 f~7~ Cost your company will charge for a standard tow: -~" (not to exceed $125.00) Daily impound/storage fee: ~- ~~ ~ (Not to Exceed $25.00) Investigative hold/seized impound fee for Columbia Heights Police:_~ 2~~ °.r _(Not to exceed $175.00) Administrative forfeiture fee for Columbia Heights Police impound fees: ~ Z ~ i (Not to exceed $175.00) Fee for winching ~ S ~ ~~ ~ ~~ ~~ v ~ ~ 1 -C~ Fee for Flatbed service: ~ ~'o '-" Fee for Roadway clean-up in excess of customary sweeping Please list additional services and information that you feel would assist the Columbia Heights Police Department with their towing and impound needs: ._ ' ~~~ ~-. ~~ Please Return Completed Form to CHPD by June 1, 2008 if you wish to be considered. Submit completed form to: Lenny Austin Acting Captain Columbia Heights Police Department 559 Mill St NE Columbia Heights, MN 55421 ~~, ~~ ~ ~~,~.5 ~~ o~v -~.-~- e ~" ~~ ~ ~" '~.. , ~~,~~ , " ; 'Y 1 ~~~~ ~ THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PRO SION OF SERVICES EQUAL OPPORTUNITY EMPLOYER