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HomeMy WebLinkAboutContract 2310 1' • TOWING AGREEMENT THIS AGREEMENT entered into this f day of Flui((f1 , 2010 by and between the City of Columbia Heights, a municipal corporation, hereinafter referred to as "City", and Schmit Towing, Inc. hereinafter referred to as "Schmit". WHEREAS, by letter dated April 27, 2010, 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 April 27, 2010, the City has determined Schmit 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 April 27, 2010 ("City's Request"), a copy of which is attached hereto as Exhibit A; and c. Schmit's completed Tow Bid Worksheet, a copy of which is attached hereto as Exhibit B. 2. Term. This Contract for service shall commence on Au. 1, 2010 and terminate on July 31, 2012 unless terminated sooner pursuant to the termination provision of par: :raph 8. 3. Services. Schmit shall provide towing, impounding and storage for motor vehicle service as specified in the City's Request and set forth in Schmit's response to the City's Request. 4. Compensation. Schmit 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 Schmit, and any of its designated representatives or employees, is an independent contractor. Schmit, 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. Schmit 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. Schmit 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 Schmit 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. Schmit 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 Schmit, it's agents and/or employees related in any manner to the performance of this Agreement. Schmit 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 Schmit erriployees engaged in performance of this Agreement. 7. Insurance. During the term of this Agreement, Schmit shall procure and maintain at is own expense insurance as specified in the City's Request. Schmit 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. i 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: Wait Fehst, City Administrator City of Columbia Heights 590 40 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 Schmit Towing, Inc.: Schmit Towing, Inc. 92 — ` enue NE Minneapolis 43Av, MN 55421 • 2 11. Third Party Beneficiary. This Agreement is created for the sole benefit of the parties hereto and shall not create any third party beneficiary rights. 12. Assignment. 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 Agreernent. i 16. Binding Agreement. This Agreement shall be binding upon and extend to the respective representatives, heirs, successors and assigns of the parties hereto. CITY OF COLU j e A HEIG - I 1 B 4,41 j 0 _ r Mayor, Gary Pet son -/ By: 1 ,- - 7' City Administrator, Walt Fehst SCHMIT TOWING, INC. ' By: ti , , , rv't 497558_1 3 agency. Schmit agrees to indemnify the City and ho 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 Schmit, it's agents and/or employees related in any manner to the performance of this Agreement. Schmit 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 Schmit employees engaged in performance of this Agreement. 7, Insurance. During the term of this Agreement, Schmit shall procure and maintain at is own expense insurance as specified in the City's Request. Schmit 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: Wait Fehst, City Administrator City of Columbia Heights 590 40 Avenue NE Columbia Heights, 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 Schmit Towing, Inc.: Schmit Towing, Inc. 92 — 43 Avenue NE Minneapolis, MN 55421 2 CITY COUNCIL LETTER Meetinl ofJune 28, 2010 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROV617, ITEM: Authorize Mayor and City Manager to Enter BY: Scott Nadeau BY: into Contract for Towing Contractor DATE June 16, 2010 DATE: NO, BACKGROUND The City's current contract for towing services with Jeff's Bobby and Steve's AutoWorld expires on July 31, 2010. In preparation for this, letters and bid sheets were sent to nine local towing contractors. Copies of the letter and bid sheet are attached. ANALYSIS/CONCLUSION After all bids were received on June 1, Columbia Heights Police Department staff' opened and, reviewed the bids; see attached Tow Bid Summary. In reviewing the bids, it was determined that Schmit Towing, Inc., 92-43 Avenue NE, Fridley, is the contractor whose quote provides for the lowest cost to the city and the lowest cost to owners of towed vehicles while meeting all bid qualifications. Fridley Police Department currently uses Schmit Towing, and they have been satisfied with their level of service. The Police Department's towing contractor for the past two years, Jeff's Bobby and Steve's AutoWorld, has provided reliable, prompt service; however, Schmit Towing's bid provides for towing services at a much lower cost. Therefore, it is the recommendation of the Police Department that the City enter into a two-year agreement with Schmit Towing for towing, impounding and storage of motor vehicles. RECOMMENDED MOTION: Move to authorization the Mayor and City Manager to enter into a contract with Schrnit Towing, Inc. for towing, impounding and storage of motor vehicles as specified in the City's Request and set forth in Schmidt's response to the City's Request. The term of this contract is to be August 1, 2010 through July 31, 2012, unless terminated sooner pursuant to the termination provision. 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( 1 ) . co 0 O 0 fir a if =. w • 0. 5. 6 co ( Po 3 0 to co - a) < SO 1 2010 CHPD Tow Bid Worksheet Name of Tow Company Cost your company will charge for a standard tow: (not to exceed $125.00) Daily impotmdJstorage fee: (Not to Exceed $25.00 per day, or $500.00 total irnpound/storage fees to owner) Investigative hold/seized impound fee for Columbia Heights Police: (Not to exceed $175.00) Administrative forfeiture fee for Columbia Heights Police impound fees: (Not to exceed $175.00) Fee for winching 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: 1. 2. 3. 4. Please Return Completed Form to CHPD by June 1, 2010 if you wish to be considered Submit completed form to: Lenny Austin Captain Columbia Heights Police Department 825 41 Avenue NE Columbia Heights, KN 55421 (DATE) of tow ` ---"'-'company) (Address): The Columbia Heights Police after is in the process of bids from tow for two-year accepting �nv�� companies a -Jeazcootnoct from August 1, 2010 through August 1, 2012. 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 uud 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 ofthe CHPD. • The tow service must provide 24 hour, 7 clay a week service. • The CHPD requires an average response time oftwenty minutes. This time period is calculated from the time ofthe request to the time of the tows arrival. • lrnpound/storage fees from CHPD administrative forfeitures and vehicles on an investigative hold for the CHPD »'ill not exceed $l7j.0O, plus the cost o[towing. • 1he tow company must provide temporary, secure, and heated indoor storage for vehicles placed on investigative ho!d by the department. This iy� short-term storage for vehic)es waiting forensic processing and/or search warrants. • The CHPD will charge a S35.00 administrative fee on all vehieles impounded. This does not include private tows requested by the CHPD as a coul to the vehicles owner. The towing i will keep listing of impounded vehicles and an account balance offees ok to the CFIPD. 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. • Al} fees and charges to the registered owner are to be included with the cost of the tow. • Tow companies will not incorporate any additional fees or charges such as fuel surcharges or processing fees (except that which is indicated on the tow bid worksheet) with the cost of the tow. • Prior tnthe execution ofthe agreement, the tow service shafl provide proofofinsurance as follows: o Garage liability insurance providing coverage on the contractor's premises, operations, compteted operations, and aU owned, hired, and non-owned automobiles in the business with minimum limits of $1,000,000 per occurrence. o Garage keeper's legal liability coverage providing physical damage coverage on all automobiles in the contractor's care, custody or control, with minimum limits of$l00 per location. o On all such policies, the City ofCotunibia Heights shall be named as an additional insured. The certificate of insurance shati state that the coverage may not be cancelled or not renewed without 30 days' ior 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. Al} bids are due to the pojice department no later than May 24, 2010. The City ofColumbia Heights reserves the right to reject all bids. If you have any questions, please feel free to contact me at (763) 706-8100. Sincerely, Lenny Austin Captain Columbia Heights Police Department • Tow Contract 2010 1) Auto Medics 3760 Flowerfield Rd Circle Pines, MN 55014 2) Blue Towing 2535 85 Avenue NE Blaine, MN 55449 3) Jeff's Bobby & Steve's Auto World 3701 Central Avenue NE Columbia Heights, MN 55421 4) Shorty's 1257 Osborne Road NE Spring Lake Park, MN 55432 5) Twin Cities Towing 3201 Stinson Blvd Minneapolis, MN 55418 6) Schmit Towing Inc. 92 43 Avenue NE Fridley, MN 55421 7) Citywide Towing 660 39 Avenue NE Columbia Heights, 55421 8) Cedar Towing 359 Hoover Street NE Minneapolis, 55413 9) Statewide Towing 1001 l St NW New Brighton, MN 55112 TI 7/27/2010 11:24 (651- 644 - 9137 Lee F Murphy Insurance Amber Guimont- o-Captain Lenny Austin 2/3 ACORQ CERTIFICATE OF LIABILITY INSURANCE ©7/27/2 0 PRODUCER (651)644 -7200 FAX (651)644 -9137 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lee F. Murphy Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2361 Highway 36 West ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Paul, MN 55113 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A. Pioneer Specialty Insurance Co INSURED. B- Schmit Towing, Inc. INSURERC 92 43rd Ave NE INSURER. D Minneapolis, MN 55421 INSURER COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'LI TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRDI DATE IMM/DDIYY1 DATE (MMIDD/YY) GENERAL LIABILITY CPP 0016366 04 04/01/2010 04/01/2011 EACHOCCURREJCE $ , 1,000,000 DAMAGE TO RENTED $; 100 000 X ( COMMERCIAL GEiYEPAL LIABIL PRFMlSFS IFa or CLAIMS MADE X I OCCUR MED E(P (Any one person) $ 10,000 A PERSONAL e AEA INJURY $: 1,000,000 GENERAL AGGREGATE r: 2,000,000 GEM AGGP_EGATE LIME APPLIES PER PRODUIC.T__ COMP /OP AGG $ 2,000,000 POLICY J CT I _...C. AUTOMOBILE LIABILITY CPP 0016220 04 04/01/2010 04/01 /2011 rDMaINE T. SINGLE LI MIT y:. X PJVY AUTO (Ea accident) 1,000,000 ALL OWNED AUTOS BODILY INJURY $ (Per person) A (, I SCHEDULED AUTOS X HIRED AUTOS BODILY II NJUAY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE ,( I (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $; AUTO ONLY AGG F I i I I EXCESS/UMBRELLA LIABILITY UMB 0010872 03 04/01/2010 04/01/2011 EACH OCCURRENCE 9 1,000,000 X OCCUR j CLAIMS MADE AGGREGATE $ 1,000,000 A r; n I DEDUCTIBLE $ X 1 RETENTION s. 10,000 WORKERS COMPENSATION AND WCV 0010798 04 04/01/2010 ( 04/01/2011 X 1 TORSLIMIfs 1 1 CR I EMPLOYERS LIABILITY EL. EACH ACCIDEW i 500 , 000 A ANY PROPRIETOPiPARTNER /EXEC1 Ty OFFICER /MEMBER. EXCLUDEUT EL DISEASE - EA EMPLOYEE '$ 500, 000 If v es. describe under SPECIAL PROVISIONS below EL DISEASE - POLICY LIME $ 500 , 000 OTHER CPP 0016220 04 04/01/2010 04/01/2011 Comprehensive Limit $200,000 A On -Hook Coverage Collision Limit $250,000 Ded. $2,500 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS _ertificate holder is named as an Additional Insured /General Liability coverages per contractual requirements. ""NOTE: MN Statute requires a 10 day cancellation notification for nonpayment of premium** CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRI1 I EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Columbia Heights Police Dept. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Attn: Captain Lenny Austin 825 41st Ave NE OF ANY KIND UPON THE INSURER, ITS AGENTS DR REPRESENTATIVES. Columbia He i gt s , MN 55421 AUTHORIZED REPRESENTATIVE Eric Klein /AMBER /� ACORD 25 (2001108) FAX: (763) 706 -8126 ©ACORD CORPORATION 1988 z' 7/27/2010 11:24 ,651-644 Lee F Murphy Insurance Amber Guimont+Cuptain Lenny Austin 3/3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policiy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in iieu of such endorsement(s). DISCLAIMER The Ceificate of Insurance on the reverse side of this form does not constitute a contract beeen the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. � ! | | ACORD 25 (2001/08