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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 — .