HomeMy WebLinkAboutContract 2357 Alf-AVX, "
TOWING AGREEMENT
THIS AGREEMENT entered into this day of Zp(;',e, r 2010 by and
between the City of Columbia Heights, a municipal corporation, hereinafter referred to as "City",
and Jeff s Bobby and Steve's Autoworld hereinafter referred to as "Autoworld".
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 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 April 27, 2010 ("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. Tenn. This Contract for service shall commence on March 2, 2011 and terminate
on July 31, 2012 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 harmiess 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 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 Autoworld:
Jeff's Bobby and Steve's Autoworld
3701 Central Avenue NE
Columbia Heights, MN 55421
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. Assi2nment. 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.
CITY OF CO UMBINHEIGHTS
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Mayor, Gary Peters n
By: Zi/
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City Administrator, Walt Fehst
AUTO WORLD
By
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ik4,411' COLUMBIA HEIGHTS POLICE DEPARTMENT
SCOTT NADEAU CHEF OF POLICE
2010 CHPD Tow Bid Worksheet
Name of Tow Company S a kje--
ef
Cost your company will charge for a standard tow: X - — (not to exceed S125.00)
Daily impound/storage fee: 2-- (Not to Exceed S25.00 per day, or S 500.00 total impound/storage
fees to owner)
Investigative hold/seized impound fee for Columbia Heights Police: Not to exceed S175.00)
Administrative forfeiture fee for Columbia Heights Police impound fees: t ----€Not to exceed S175.00)
Fee for winching (;_---• )/2._
) 1-6
Fee for Roadway clean-up in excess of customary sweeping ( 7 / 0
Please list additional services and information that you feel would assist the Columbia Heights Police Department
with their towing and impound needs:
•
1. L Dc, 4-2 _
2. LAJe_ C s
3.
4. -7-
(
42)
Please Return Conzpleted korni to CI-IPD by June 1, 2010 if von wish to be considered.
Submit completed form to:
Lenny Austin
Captain
Columbia Heights Police Department
825 41' Avenue NE
Columbia Heights, MN 55421
825 - 4 sT AVENUE NE • COLUNIBIA HEIGHTS, Nri\T 55421 • 763-706-8100 ° FAx 763-706-8126
ww-vv.C1-1-POT
(DATE)
(Name of tow compctny)
<� :
`--- _
The Columbia Height Police Department (herein after CHPD) is in the process of
accepting bids from private towrocopuoiesforatvv0-ycnrcooLoac August 1, 7010
through August 1, 2012. You are receiving this Ietter 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 ofthe CI-IPD.
~ The tow service must provide 24 hour, 7 day a week service.
• The CHPD requires an average response time of twenty minutes. This time period is
cacuated from the time ofthe request to the time ofthe tows arrivai.
• 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 typically short-term storage for
vehices waiting forensic processing and/or search warrants.
• The CHPD will charge a $35.00 administrative fee on all vehicles impounded. This does
not include private tows requested by the CHPD as a courtesy to the vehicles owner. The
towing service will keep a listing of impounded vehicles and an account balance of fees
owed to the CHPD. The tow service will send umonth|y reconciliation o[ the account
balance (reflecting both credits and debits). The account shali be paid on an annual basis
prior to December 1 5th.
• All fees and charges to the registered owner are to be included with the cost ofthe tow.
• Tow companies will not incorporate any additional fees or charges such as fuel
surcharges or processing fees (except that which is indicated on the tow bid worksheet)
with the cost o[ the tow.
•
Prior to the execution ofthe agreernent, the tow service shall provide proof o[insurance
as follows:
o Garage liability insurance providing coverage on the contractor's premises,
operations cornpleted operations, and all owned. hired. and non-owned
automobiles in the husiness with minimum limits of$\,00O,O00 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$\UO0X) per location.
o On all such policies. the City ofColumbia 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' ior written notice to the ci
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 departrnent no later than May 24, 2010. The City ofColurnbia 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
2010 CHPD Tow Bid Worksheet
Name of Tow Company
Cost your company will charge for a standard tow: (not to exceed $125.00)
Daily impound/storage fee: (Not to Exceed $25.00 per day, or $500.00
total impound/storage fees to owlet)
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 VOLI Wish to be considered.
Submit completed form to:
Lenny Austin
Captain
Columbia Heights Police Department
825 41s1 Avenue NE
Columbia Heights, MN 55421