HomeMy WebLinkAboutRes1993-169
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Sponsored by: Tones
CITY OF SEWARD, ALASKA
RESOLUTION NO. 93-169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, ACCEPTING AND APPROPRIATING
ADDITIONAL GRANT FUNDS FROM THE KENAI PENINSULA
BOROUGH SCHOOL DISTRICT AND AMENDING THE PARKS AND
RECREA nON DEPARTMENT BUDGET TO PROVIDE INCREASED
SERVICES FOR THE COMMUNITY SCHOOLS PROGRAM
WHEREAS, the Kenai Peninsula Borough School Board has voted to restore
funding for the city's community schools program to the FY 1993 level; and
WHEREAS, the city must accept and appropriate these additional grant funds by
resolution; and
WHEREAS, matching funds for this increased grant amount will be provided
through increased class registration fees which will be realized through an extended
program;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The sum of $1,697 is hereby accepted from the Kenai Peninsula
Borough School District and is appropriated to the Parks and Recreation Department
Grants Account No. 101-4470-0130.
Section 2. The Parks and Recreation Department Budget is hereby amended by
increasing revenues and expenditures in the following amounts:
REVENUE INCREASES
EXPENSE INCREASES
101-4470-0130 (P&R Grants)
101-4470-0110 (Public Use)
101-4470-0120 (Punch Cards)
101-4470-0130 (Class Regis)
$ 1,697
-0-
-0-
1,697
101-1422-5010 (Salaries)
101-1422-5090 (Sac.Sec.Tax)
101-1422-5080 (Worker's Comp)
101-1422-5390 (Contract Serv)
101-1422-5440 (Oper.Supp.)
$ 2,388.37
197.95
13.68
394.00
400.00
Total Revenue Increase $ 3,394
Total Expense Increase $ 3,394
. Section 3. This resolution shall take effect immediately upon its adoption.
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TOWING AND STORAGE AGREEMENT
THE FOLLOWING AGREEMENT is made the 22J1..1b day of N 0\1 ~
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,
hereinafter 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 0
2. Term: This A%EMENT is for a period of one (1) year,
commencing on the ~ '1 day of (\...<:.)\/ .Q.~Q.,[' , 19 q:3 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. Reportinq: CONTRACTOR shall prepare a report of all its
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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 l5th 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.
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CITY OF SEWARD, ALASKA
TOWING &: 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. Fees: 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, AI< 99664
Steven R. Almquist
PO Box 525
Seward, AI< 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
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CITY OF SEWARD, ALASKA
TOWING & STORAGE AGREEMENT
PAGE 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 WH~REOF,~e parti~~reto have set their
hands and seals th~s J... q day of J <L..u...\,., 12,( , 19 ~
CITY OF SEWARD, ALASKA
STEVE'S TOWING SERVICES
Nd~n~~~
T~oF
City Manager
ATTEST:
APPROVED AS TO FORM:
WOHLFORTH, ARGETSINGER, JOHNSON & BRECHT,
Attorneys for the city of Seward, Alaska
~f~
Thomas F. Klinkner
City Attorney
(City Seal)
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CITY OF SEWARD, ALASKA
TOWING & STORAGE AGREEMENT
PAGE 5
STATE OF ALASKA
ss.
THIRD JUDICIAL DISTRICT
J ..J..- '" I _.
THIS IS TO CERTIFY that on the ~.;> day of I '-0 v e..~\...,
1993, before me, the undersigned, a Notary Public in and for the
state of Alaska, duly commissioned and sworn as such, personally
appeared S.\-.ev t2J.A... (l.. j\;\ 4":>-st known to me and to me known to be
the owner of <;'i: e.>Jc.\~ "C9U) ,~Se.'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 ~Dv~
Notary Public in and for Alaska
My Commission Expires ~
CITY OF SEWARD, ALASKA
TOWING & STORAGE AGREEMENT
PAGE 6
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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.
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$45.00
will incur an
Any other time including holidays
Callout . . . . . . . . . . . . . . . .
Tows originating outside the City limits
additional charge of $2.00 per mile.
.. .. .. .. .. .. ..
$75.00
will incur an
Special recovery services, standby and wait time $75.00 per hour
Storage while impounded. . . . . . . . . . $ 7.50 per day
(or any part thereof)
TERMS, COSTS AND HANDLING OF ABANDONED VEHICLES:
. SERVICES
Towing:
COST TO CITY
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
. Disposal Site and
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
$85.00
Fees:
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CITY OF SEWARD, ALASKA
TOWING &: 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
Total cost to the City per unclaimed abandoned vehicle
. . .. ... .......... $110.00
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 93-169
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this
22nd day of November, 1993.
AYES:
NOES:
ABSENT:
ABSTAIN:
A ITEST:
.. . TIlE CITY.OF SEWARD, AIAS~
?yhP/\ J:j/;/i)/((IIfA I
Jame.sJ(ras.D~ky, Vice Mayo~/
Anderson, Bencardino, Darling, ~ansky, O'Brien & Sieminski
None
Crane
None
APPROVED AS TO FORM:
W ohlforth, Argetsinger, Johnson &
Brecht Attorneys for the city of Seward,
Alaska
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(City Seal)
~~$J~
City Attorney