HomeMy Public PortalAboutORD10717 BILL NO. ( Cs (C1(a
SPONSORED BY COUNCILMAN
ORDINANCE NO. I b ?Q�
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH CYRIL M. BAUMHOER
D/B/A BROADWAY SHELL FOR THE TOWING AND STORAGE OF VEHICLES.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized
and directed to execute a contract with Cyril M. Baumhoer, d/b/a
Broadway Shell for the towing and storage of vehicles for the sum
of $1300 .per month for a five year period.
Section 2 . The contract shall be substantially the same in
form and content as that contract attached hereto as Exhibit A.
Section 3 . This Ordinance shall be in full force and effect
from and after its passage and approval.
Passed �J1�%,P,� Approved e _
Pre iding Offi er Mayor
ATTEST
City Clerk
. J �,E11
. e
CONTRACT FOR TOWING OF VEHICLES
40 T s Coxa ract made and entered into this cZ day of
_ 1e.ti.,) 1986, by and between the City of Jefferson,
i souri, a municipal corporation hereinafter referred to as
"City, " and Cyril M. Baumhoer, d/b/a Broadway Shell, hereinafter
referred to as "Contractor. "
1 Contract Period. This 99ntract hall be in effect from
1986 through 1991. By mutual
agr ement this contract may be' x ended for two additional three
year periods on the same terms and conditions . Any extension of
the contract shall be subject to an increase in rates, provided
that the increase in rates shall not exceed 15% at the first
renewal of the then existing rates and 10% on a second renewal of
the then existing rates . Any extension requested shall be filed
with the other party to this contract, in writing, more than
forty-five days prior to the contract expiration.
2 . Scope of Service. The Contractor shall provide towing
service of motor vehicles from public right-of-ways and private
property as directed by the City of Jefferson Police Department.
Vehicles shall be towed or transported to a storage area to be
provided by the Contractor unless otherwise specified by the
City. The Contractor shall provide all necessary equipment to
fulfill the requirements of this contract, including as a minimum
one tow truck with crane and dolleys. Any and all personnel
necessary for providing the service and operation of required
equipment shall be provided by Contractor.
3 . Hours of Service. Service to be provided by Contractor
shall be available to the City between the hours of 6 :00 a.m. and
12 : 00 a.m. seven days per week.
4 . Storage of Vehicles. All motor vehicles, except City
vehicles , required to be towed under this contract shall be
stored in the inside facility located at 2503 E. McCarty Street,
Jefferson City, Missouri. In the event the number of vehicles
required to be stored exceeds the capacity of the building
located at 2503 E. McCarty Street, Contractor shall at his sole
cost and expense provide alternative storage facilities to
maintain inside storage of all vehicles to the extent Contractor
has available inside storage space owned or controlled by
Contractor. In the event the facility at 2503 E. McCarty is full
and the Contractor does not have additional inside storage, the
City may at its option provide additional inside storage space.
5. Towing City Vehicles . Contractor agrees to provide
towing of City vehicles to locations within the City for a
monthly rate under the terms of this contract provided said
Aft towing shall not exceed ten ( 10 ) City vehicles per month.
6. Limitation on Gross Weights of City Vehicles . This
contract shall not be construed so as to require Contractor to
tow any City vehicle whose gross weight exceeds three quarter
( 3/4 ) ton.
7. Insurances, Taxes, Utilities. Contractor shall be
solely liable for all insurance taxes, utilities and other costs
associated with the towing and storage of vehicles as provided by
the terms of this contract.
8. Sale and Redemption of Abandoned Vehicles . Contractor
shall be authorized to sell and redeem abandoned vehicles as
provided by the statutes of the State of Missouri and shall be
solely responsible for any such sales and redemptions of such
towed vehicles. Contractor may charge owners of vehicles which
come into his possession under the terms of this contract such
rates as he then has in effect for towing and storage of vehicle.
Contractor shall be permitted to keep any salvage value of any
abandoned vehicle and the proceeds from the auction or sale of
such vehicles for towing and storage as may be provided by the
statutes of the State of Missouri.
9. Response Time. Contractor shall respond to calls for
service under this contract within thirty (30) minutes after
receipt of call unless otherwise specified.
10. Payment. City shall pay to Contractor the sum of
Thirteen Hundred Dollars ( $1300) per month. No additional sums
shall be paid by the City to Contractor under the terms of this
contract for towing performed under the auspices of this
contract.
11. Insurance Requirements . The Contractor shall provide
at his own expense the following insurance in connection with
operations under this contract--
Tk2e of Coverage Limits
Workman's Compensation Missouri Statutory
Employer's Liability $300, 000
General Liability $300, 000
Automobile $300, 000
The Contractor shall prior to beginning work under this contract
furnish to the City Clerk of the City of Jefferson, a Certificate
of Insurance as evidence of such insurance coverage as stated
above. Such Certificate shall contain ten ( 10 ) days prior
written notice of cancellation or material change to the City
Clerk, City of Jefferson.
12 . Indemnification. The Contractor agrees to indemnify and
save harmless the City, its employees , agents, and assigns, from
suits, claim, or actions of every nature and description brought
for or on account of or sustained by any person or persons as a
result of any act or acts of the Contractor, its employees,
agents, or assigns in the performance of service under terms of
the contract.
13. Indemnification for City Error. The City agrees to
indemnify and save harmless the Contractor, its employees,
agents, and assigns, from suits, claims or actions of every
nature and description brought for or on account of or sustained
by any person or persons as a result of any act or acts of the
City, its employees, agents, or assigns in the performance of
service under terms of the contract .
14 . Invoices for Towing City Vehicles . The Contractor will
be required to complete a ticket for each city vehicle picked up
to be given to the operator at the time of tow. The ticket will
show what information that the City might need, such as make,
model, time of pickup, address, date. The Contractor shall
submit his invoices for towing service in duplicate to the
Finance Director, 320 E. McCarty Street, Jefferson City,
Missouri. The invoice shall show a listing of all City vehicles
towed during the billing period which will be monthly.
1.5. Termination. If during the contract period the quality
of services rendered in the City's opinion becomes inadequate,
the City may terminate the contract upon thirty ( 30) days written
notice to the Contractor. The Police Department will evaluate
the quality of service on a day to day basis and forward this
information as they see the need to the Division of Purchasing.
16. Laws and Regulations. The Contractor shall perform in
accordance with all applicable state, local and federal statutes
and legal requirements in his performance of this contract.
The Contractor further agrees that he will not assign or
sublet the work of any part thereof without prior approval of the
Police Department or the Purchasing Division except on special
occasions, Contractor may need assistance in moving a vehicle.
17. Reports. Contractor shall. provide City in addition to
monthly invoices , towing incident reports on all non-city owned
vehicles towed and a report of all vehicles sold pursuant to
paragraph 8. The report of vehicles sold shall be provided
within ten ( 10) days of the date on which the vehicles were sold.
18. Failure to Perform. Should Contractor fail to provide
services as set forth pursuant to this contract, or fail to meet
any of the contract provisions, this contract may be cancelled at
the sole option of the City upon giving thirty ( 30 ) days written ,
notice to Contractor.
19 . Notices . All notices, consents, authorizations,
requests and statements hereunder shall be deemed to have been
properly given if delivered by hand or mailed by first class
United States mail, postage prepaid, if to the owner to 320 E.
McCarty, Jefferson City, Missouri 65101, and if to the Contractor
to Hwy. 54 South, Jefferson City, Missouri, 65101.
IN WITNESS WHEREOF the parties hereto have set their hands
and seals on the day and year first above written.
CITY OF JEFFERSON, MISSOURI
ayor
. #TEST:
C 'ty'Clerk
i ; CONTRACTOR
By PA
ATTEST:
Secretary
AM
3 Y '
�� ISSUE DATE(Mh11DD/YY)
1 {a 1
PRODUCER TI4IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Botirer, CrOxdale & DlcAcfoa, Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
0• Box 1035 S.S.S. —
ringfield, Np 65805 COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER Empire Fire & Marine Insurance any___,
_ COMPANY B
INSURED LETTER
Cyril Bw4mr, d/b/a COMPANY 'V
&MAD+r�fAY SHEL LETTER c
1440 South Jefferson Street COMPANY p
Jefferson City, M3 65101 LETTER
COMPANY
LETTER
THIS IS TO CERTIFY THAT 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 CONDI-
TIONS OF SUCH POLICIES.
POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
CO CO TYPE OF INSURANCE POLICY NUMBER DATE Ih+:UTD YI DATF I'AIAMCINYI EACH AGGREGATE
_ OCCURRENCE _
GENERAL LIABILITY��
BODILY
COMPREHENSIVE FORM INJURY $ 300 $
A X PREMISES/OPERATIONS GLA 50 05 70 6/27/86 6/27/87 PROPERTY
UNDERGROUND DAMAGE $ 10Q $
EXPLOSION 8 COLLAPSE HAZARD
PRODUCTSICOMPLETED OPERATIONS
CONTRACTUAL BI&PO
COMBINED $ $
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY PERSONAL INJURY $
AUTOMOBILE LIABILITY
^-'-
ANY AUTO + $
�EaJ�r:�
ALL OWNED AUTOS(PRIV.PASS.) 5jy%?
I�.waY
ALL OWNED AUTOS(OTHER THAN aEq;Lllr,;T, $
(OTHER PASS.
HIRED AUTOS
PROPERTY
NON-OWNED AUTOS DAMAGE $
A GARAGE LIABILITY GI) 41 59 64 6/27/86 6/27/87 BI&PD
COMBINED $ �
EXCESS LIABILITY
UMBRELLA FORM BI a BD
COMBINED $ $
OTHER THAN UMBRELLA FORM
STATUTORY
WORKERS'COMPENSATION
AND $ _ (EACH ACCIDENT)
EMPLOYERS' LIABILITY $ (DISEASE-POLICY LIMIT)
$ (DISEASE-EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERA TI ONStLOCATI0N5NEHICLE5ISPECIAL ITEMS
Wrecker service
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
ity Cleric PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
City of Jefferson MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
320 East Mr.Carty Street Y KIND UPON THE COMPANY TS AGENTS OR REPRESENTATIVES.
Jefferson City, M 65101 AU 0 gDfff RESENTATIVE i
r
•�
gE ,or 15S DATE(MMIDDRY
� m �
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NELSON VINCENT INSURANCE AGENCY NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
. 0, Box 356
ffemon City, Mq 65102 COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A Commercial Union Insurance Co.
COMPANY
INSURED LETTER IS
Cyril Baurhmr, d/b/a COMPANY ��-
0QADW4Y SHELL LETTER C
1440 Jefferson COMPANY D
Jefferson City, MO 65101 LETTER
COMPANY
LETTER
0
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO 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 CONDI-
TIONS OF SUCH POLICIES.
CO POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
LTH TYPE OF INSURANCE POLICY NUMBER DATE(MMIDWY) DATE(MWDD/VY) EACH
OCCURRENCE AGGREGATE
GENERAL LIABILITY
BODILY
COMPREHENSIVE FORM INJURY $ $
PREMISES/OPERATIONS PROPERTY
UNDERGROUND DAMAGE $
EXPLOSION S COLLAPSE HAZARD
PRODUCTSICOMPLETED OPERATIONS
CONTRACTUAL BI&PD
COMBINED $ $
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY PERSONAL INJURY $
AUTOMOBILE LIABILITY BOOB'
NARY
ANY AUTO PB x,RS01I) $
ALL OWNED AUTOS(PRIV. PASS.) BOOCY
OTHER THAN (E
ALL OWNED AUTOS PRIV. PASS (ER R ACCENT)cuce $
HIRED AUTOS PROPERTY
NON-OWNED AUTOS DAMAGE $
GARAGE LIA9ILITY
BI B PD
COMBINED $
EXCESS LIABILITY
UMBRELLA FORM BI a PD
COMBINED $ $
OTHER THAN UMBRELLA FORM
WORKERS'COMPENSATION STATUTORY
AND $ JQQ (EACH ACCIDENT)
A EMPLOYERS' LIABILITY K-87-H52 16 45 2 6/17/86 6/27/8 $ 5M (DISEASE-POLICY LIMIT)
$ (DISEASE-EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATION S/LOCATIONSNEH ICLESISPECIAL ITEMS
Autombile Service Station & Drivers
Clerical Office Eoployeees NOC
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
Clt Cleric PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
y MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
City of Jefferson LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
320 East McCarty St. OF ANY PON THE COMPANY, ITS ENTS OR REPRESENTATIVES.
Jefferson City, MIS 65101 AUTHORI2E0 R TATIVE 6
—
.