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HomeMy WebLinkAboutRes1993-161 . . . Sponsored by: Tones CITY OF SEWARD, ALASKA RESOLUTION NO. 93-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A TOWING SERVICES AGREEMENT WITH STEVEN ALMQUIST, DBA STEVE'S TOWING SERVICES WHEREAS, the city properly advertised a request for proposals to provide towing and impound services for the city police departmenti and WHEREAS, two proposals were received in response to this RFPi and WHEREAS, the administration has determined that the proposal submitted by Steven Almquist, dba Steve's Towing Services, is the more cost effectivei and WHEREAS, the Almquist proposal also includes provisions for a vehicle storage and impound yard at the business site to be constructed and maintained by the contractor thus freeing the current city-owned vehicle impound yard for other useSi NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. A vehicle towing and storage agreement between the city and Steven R. Almquist, dba Steve's Towing Service, is hereby APPROVED. Section 2. A copy of the agreement is attached and incorporated herein by reference. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 22nd day of November, 1993. THE CITY OF SEWARD, ALASKA /7 __~ 'I . ..... - . (y jl3/1'J/~ /4f1?1(l1f'/ - Ja~~~~a~~sk~~ . CITY OF SEWARD, ALASKA RESOLUTION NO. 93-161 AYES: NOES: ABSENT: ABSTAIN: A TrEST: Anderson, Bencardino, Darling, Krasnansky, O'Brien & Sieminski None Crane None APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska ~f~ City Attorney . I. (City Seal) . . . TOWING AND STORAGB AGREEMENT THE FOLLOWING AGREEMENT is made the 22J.lJ> day of No \J ~ I, . .......... 199B, by and between the CITY OF SEWARD, ALASKA/ a municipal corporation of the state of Alaska, hereinafter referred to as CITY, and STEVEN R. ALMQUIST, dba STEVE'S TOWING SERVICE, nereinafter referred to as CONTRACTOR. WITNESSETH: WHEREAS, the CITY is in need of towing and storage services for abandoned and impounded vehicles; and WHEREAS, the undersigned CONTRACTOR desires to provide this service; NOW, THEREFORE, IT IS AGREED by and between the parties as follows: 1. Service to Be Provided: CONTRACTOR shall furnish towing services for transporting abandoned and impounded vehicles. CONTRACTOR shall provide this service seven (7) days per week, twenty-four (24) hours per day. 2. Term: This AGREEMENT is for a period of one (1) year, commencing on the day of , 19___ and shall be renewed automatically for successive one-year periods, unless one of the parties hereto gives notice of intent to terminate not less than forty-five (45) days before the expiration of a one-year term. This AGREEMENT may be canceled by either party without cause forty-five (45) days after giving written notice of termination to the other party. 3. Impound Lot: CONTRACTOR shall, at his own expense, erect and maintain a secured storage lot to store abandoned or impounded vehicles. This impound lot is located on Blk 1, Lot 2, Camelot Subdivision. CONTRACTOR alone shall be responsible for providing adequate security to protect the vehicles stored upon the premises and to hold any impounded vehicle until proper documentation is presented allowing release thereof as prescribed in numbered paragraph seven (7) hereof. CONTRACTOR shall be responsible for collecting all storage fees and towing service fees charged to a particular vehicle prior to release thereof. 4. Impounds: Every vehicle impounded at the direction of the CITY shall be towed and stored at no cost to the CITY, except that the CITY shall pay a fee of $35.00 per vehicle so stored which remains unclaimed by the owner for a period of forty-five (45) days. This fee shall be paid by the CITY only upon receipt of documentation which the Police Chief deems sufficient to support a request for payment under this exception. 5. Recortinq: CONTRACTOR shall prepare a report of all its CITY OF SEWARD, ALASKA TOWING &: STORAGE AGREEMENT PAGE 2 city requested storage and towing activities for each particular month and shall deliver a copy thereof to the office of the City Clerk on or before the 15th day following the close of each month. The report shall contain information covering the number and description of each vehicle stored during any portion of the particular month, the number of days or portions thereof in which each vehicle was stored, the fees collected with respect to each vehicle during the month and any other pertinent information requested in writing by the CITY. 6. Hold Harmless: CONTRACTOR agrees to indemnify and save harmless the CITY, its officers, agents and employees from and against any and all claims, demands, losses, defense costs or liability of any kind or nature which the CITY, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with CONTRACTOR's performance under the terms of this AGREEMENT, excepting only liability arising out of the sole negligence of the CITY. Without limiting CONTRACTOR's indemnification, it is agreed that CONTRACTOR shall maintain in force at all times during the performance of this AGREEMENT the following policy or policies of insurance covering its operations: Coveraqe Minimum Limits General Liability Workers' Compensation/Employer Liability Automobile Liability $1,000,000/1,000,000 Statutory Statutory CONTRACTOR's liability insurance policies shall contain the following clauses: 1. The CITY, its directors, officers and volunteers are added as additional insured as respects operations of the named insured performed under contract with the CITY. 2. It is agreed that any insurance maintained by the CITY shall apply in excess of, and not contribute with, insurance provided by this policy. All insurance policies required by this paragraph shall contain the following clause: This insurance shall not be canceled, limited or non-renewed until after thirty (30) days' written notice has been given to the CITY. . . . CITY OF SEWARD. ALASlCA TOWING 60 STORAGE AGREEMENT PAGE 3 Policy endorsements providing the coverage required by the clauses set forth above shall be filed with the CITY prior to the effective date of this AGREEMENT. 7. Release of Vehicles: With respect to any vehicle which has been impounded by the CITY, CONTRACTOR shall release such vehicle only upon receiving: a. Proof from the persons seeking to take custody of the vehicle that he is the owner thereof or that he has been given by such owner a special power of attorney to the custody of the vehicle; b. Payment of the outstanding towing fees and storage fees; and c. A release form signed by the CITY with respect to that particular vehicle. 8. ~: CONTRACTOR shall keep on file with the CITY a copy of the tariff setting forth the fees charged for towing service and storage. In no event shall the CONTRACTOR charge a greater fee for city-requested towing and storage of vehicles than is charged for private towing and storage. 9. Notice: Any notice required to be given by one party to the other under this AGREEMENT shall be deemed given when delivered in writing by one party to the other or upon the expiration of three (3) days following the deposit of such written notice in the United States mail, postage prepaid, by certified mail, return receipt requested, to the following address of the parties: CITY CONTRACTOR City Clerk PO Box 167 Seward, AK 99664 Steven R. Almquist PO Box 525 Seward, AK 99664 10. Acts of Default: All of the following acts shall be deemed as an act of default and shall give the CITY the right to cancel this AGREEMENT upon five (5) days' written notice to the CONTRACTOR; a. Failure by CONTRACTOR to make periodic report to the CITY within fifteen (15) days after the due date thereof; or b. Violation by CONTRACTOR of any of the terms of this AGREEMENT. The mere fact that CITY chooses not to terminate this AGREEMENT CITY OF SEWARD, ALASltA TOWING & STORAGB AGREEMENT PAGB 4 immediately upon learning of an act of default shall not constitute a waiver of the CITY's right to terminate this AGREE- MENT, and CITY's right to rely upon such failure as the means for terminating the AGREEMENT shall remain in full force and effect until CONTRACTOR remedies such defect prior to notice by the CITY of its decision to terminate due to such acto of default. 11. Applicable Law: This AGREEMENT shall be governed by the laws of the state of Alaska. 12. Assiqnment: This AGREEMENT shall not be assigned without the written permission of the CITY COUNCIL of the CITY OF SEWARD, ALASKA. This AGREEMENT will be binding upon all successors or assigns of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 19____ CITY OF SEWARD, ALASKA STEVE'S TOWING SERVICES Tyler Jones City Manager ~R~._~ Name of Contracto ATTEST: APPROVED AS TO FORM: WOHLFORTH, ARGETSINGER, JOHNSON & BRECHT, Attorneys for the city of Seward, Alaska Linda S. Murphy, CMC/AAE City Clerk ~{1kL Thomas F. Klinkner City Attorney (City Seal) . . . CITY OF SEWARD, ALASlCA TOWING r. STORAGB AGR.BBKBNT PAGB 5 STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT ~ ..J- r\ _ I _. THIS IS TO CERTIFY that on the ;<.J day of I \..0 U ~~\..., 1993, before me, the undersigned, a Notary Public in and for the state of Alaska, duly commissioned and sworn as such, personally appeared ~.t-evl2J.A.. (<..- ~\~v.st known to me and to me known to be the owner of <;'+e."e..\~ T:""l\ L:;JSe.'J'~and he acknowledged to me that the foregoing instrument wa executed by him as his own free and voluntary act and deed for the use and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year hereinabove written. t>~ .J.~~ Notary Public in and for Alaska My Commission Expires ~ CITY OP SEWARD, ALASKA TOWING r. STORAGB AGREEMENT PAGE 6 STEVE'S TOWING SERVICE TARIFF Monday through Friday 8:00 a.m. to 6:00 p.m. Standard call-out and tow . . . . . . . Tows originating outside the City limits additional charge of $2.00 per mile. Any other time including holidays $45.00 will incur an Callout . . . . . . . . . . . . . . . . Tows originating outside the City limits additional. charge of $2.00 per mile. Special recovery services, standby and wait time $75.00 per hour $75.00 will incur an Storage while impounded. . . . . . . . . . $ 7.50 per day (or any part thereof) SERVICES TERMS, COSTS AND HANDLING OF ABANDONED VEHICLES: COST TO CITY Towing: Locate and tow abandoned vehicles as requested by city . . .. ..... . . . N/C Storage: Located at a private lot provided for as above. Pending the normal towing and storage feel paid by the registered owner. . . . . . . . . . . . . . . . N/C Notification: Contractor will be responsible for notifying registered owners, by registered mail, stating the reason why vehicle was impounded and amount of charges owed for towing and storage. preparation for disposal: Contractor will be responsible for properly preparing any abandoned vehicles for disposal. Contractor will also ensure proper disposal of any fuel, oil and any other fluids obtained during the preparation. Labor and other costs for preparing vehicle. Cost . . . . . . . . . . . . . . . . . . . $85.00 Disposal Site and Fees: . . . CITY OF SEWARD, ALASlCA TOWI:NG &: STORAGE AGREEMENT PAGE 7 Contractor will be responsible for disposal of unclaimed vehicles at the Kenai peninsula Borough Refuse Facility, located on Dimond Blvd. extension past Jap Creek. The City will be responsible for dumping fees established by the Borough Borough Fee . $25.00 . 0 . . . . . . . . Total cost to the City per unclaimed abandoned vehicle . . .. ... .......... $110.00