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HomeMy Public PortalAboutORD15356 BILL NO. 2014-102 SPONSORED BY COUNCILMAN Mihalevich ORDINANCE NO I 5-5570 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TOW PRO, LLC, FOR TOWING AND STORAGE SERVICE OF ABANDONED MOTOR VEHICLES. WHEREAS, Tow Pro, LLC, has been selected as the firm best qualified to provide professional services related to Towing and Storage Service of Abandoned Motor Vehicles from all areas of the City. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Tow Pro, LLC, is hereby approved as the best qualified firm to provide professional services and its proposal is hereby accepted. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with Tow Pro, LLC, for Towing and Storage Service of Abandoned Motor ' Vehicles from all areas of the City. Section 3. The agreement shall be substantially the same in form and content as the agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: \ 26(15 Approved: .5 ' ' 1 Presiding.�Officer / Mayor - ' A ST:' _=; APPR• ED AS TO FORM: i, -vi,i /t frnw41 400 ict city CIetY.- , `�' '_ ity Counselor FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Proposal No. 2757 - Towing and Storage of Motor Vehicles Police Department, Opened November 25, 2014 RECOMMENDATION: Staff recommends award of the proposal to Tow Pro, LLC of Jefferson City, Missouri. There will be no charge for storage, towing or mileage under the agreement. In addition the vendor has offered to pay the City $7,601.00 per year. The proposal lists up to four additional one year renewal periods at the same costs and vendor offered discount each year should the City decide to renew the agreement. PROPOSALS RECEIVED: Storage Towing Mileage *Tow Pro, LLC, Holts Summit, MO No Charge No Charge No Charge *Broadway Wrecker, Jefferson City, MO No Charge No Charge No Charge Vendor Offered Discounts Tow Pro, LLC, Holts Summit, MO Will Pay to the City $7,601.00/yr on Jan. 15 Broadway Wrecker, Jefferson City, MO Will Pay to the City $2.00/day or $730.00/yr *Pricing is the same for years one through five. FISCAL NOTE: Vendor will issue a check to the city in the amount of$7,601.00 at the end of each contract year on January 15th. PAST PERFORMANCE: Staff believes that the vendor has the ability and will provide the services as specified. ATTACHMENTS - SUPPORTING DOCUMENTATION Signatur , �,�' �,,�n;�%� �L iPdrehasing trent CVirt,t01 Police 14:;;;;aJefferson City Police Department plpnrni�ill OLISEUR1t Memorandum MISSOURI, TO: Chief Roger Schroeder FROM: Captain Eric Wilde/ /7/ SUBJECT: City of Jefferson Towing Contract DATE: 12/18/2014 On 12-18-2014 a committee of 5 individuals reviewed all information submitted in response to Proposal No. P2757 —Towing and Storage of Motor Vehicles. Two responses were received. The proposal received from Tow Pro LLC has been determined to be the lowest and best proposal from a responsible offerer. Tow Pro LLC agrees to tow all vehicles owned by the city from any location within the city a 25-air mile radius of the City limits to the City Maintenance Facility or to such other garage or repair shop as may be designated by the City at no cost, and provide all necessary equipment and personnel to fulfill the requirements of the contract. They also agree to a response time within twenty (20) minutes after receipt of call for tows within the city limits, and forty (40) minutes for vehicles outside of the city limits but within a 25-air mile radius. Tow Pro LLC meets all of the storage requirements for the storage of impounded vehicles and vehicles being held as evidence, and the regulatory and insurance requirements as described in the contract. In addition, Tow Pro LLC agrees to pay the City of Jefferson 57601.00 per year on January I 5th if awarded the City towing contract. It is my recommendation to you that Tow Pro LLC be awarded the City of Jefferson towing contract. JCPD Form 206-3 Inn-Office Memorandum City of Jefferson Jefferson City, Missouri EVALUATION REPORT Consolidated O u 0 U0 2 RFP: 2757 Subject: Towing and Storage of Motor G E >,v (-? Vehiclesa 3 = Received: 11-25-14 < ° o Dept: Police _ 1tr Criteria Ability, capacity and skill of the 20 90 17 contractor to perform services required Quality of performance of previous 15 15 11 contracts or services with the city, other governmental bodies or private sector Capability to tow all sizes of vehicles 15 15 15 Price 50 50 5 No charges/return No charges/return to City $7,601.00/yr to City $730.00/yr Total Points 100 100 48 Formula for Determining Cost Points: High Proposal Proposal = x points assigned to cost=cost points I hereby attest that the points awarded to each offeror listed above were scored in accordance with the established evaluation criteria and represent my best judgment of the proposal. As indicated by the highest total score, my selection of the offer which offers the highest and best proposal to the City of Jefferson is: Tow Pro LLC. Holts Summit. MO Signature Date Division Title Phone Dept City of Jefferson, Missouri Tabulation of Bids Prooposal Number 2757 Subject: Towing Services Date: November 25, 2014 Tow Pro Broadway Wrecker Department: Police Holts Summit MO Jefferson City MO PAGE 1 ITEM Unit Price Total Price Unit Price Total Price FIRM FIXED PRICE- INITIAL CONTRACT(YR. 1) Do you charge for storage of abandoned or derelict vehicles No No Daily Storage Fee(each unit inside) $0.00 $0.00 Daily Storage Fee(each unit outside) $0.00 $0.00 Towing cost city owned vehicles in excess of 24,000 pounds when in excess of two miles from the corporate city limits Hourly Rate $0.00 $0.00 Mileage Rate $0.00 $0.00 Are there any limitations to your firm's ability to tow any vehicles based on gross weight No No • If yes, list FIRM FIXED PRICE- FIRST RENEWAL (YR 2) Do you charge for storage of abandoned or derelict vehicles No No Daily Storage Fee (each unit inside) $0.00 $0.00 Daily Storage Fee (each unit outside) $0.00 $0.00 Towing cost city owned vehicles in excess of 24,000 pounds when in excess of two miles from the corporate city limits Hourly Rate $0.00 $0.00 Mileage Rate $0.00 $0.00 Are there any limitations to your firm's ability to tow any vehicles based on gross weight No No If yes, list City of Jefferson, Missouri Tabulation of Bids Prooposal Number 2757 Subject: Towing Services Date: November 25, 2014 Tow Pro Broadway Wrecker Department: Police Holts Summit MO Jefferson City MO PAGE 2 ITEM Unit Price Total Price Unit Price Total Price FIRM FIXED PRICE - INITIAL CONTRACT(YR. 3) Do you charge for storage of abandoned or derelict vehicles No No Daily Storage Fee (each unit inside) $0.00 $0.00 Daily Storage Fee (each unit outside) $0.00 $0.00 Towing cost city owned vehicles in excess of 24,000 pounds when in excess of two miles from the corporate city limits Hourly Rate $0.00 $0.00 _ Mileage Rate $0.00 $0.00 Are there any limitations to your firm's ability to tow any vehicles based on gross weight No No If yes, list FIRM FIXED PRICE- FIRST RENEWAL (YR 4) Do you charge for storage of abandoned or derelict vehicles No No Daily Storage Fee (each unit inside) $0.00 $0.00 Daily Storage Fee (each unit outside) $0.00 $0.00 Towing cost city owned vehicles in excess of 24,000 pounds when in excess of two miles from the corporate city limits Hourly Rate $0.00 $0.00 Mileage Rate $0.00 $0.00 Are there any limitations to your firm's ability to tow any vehicles based on gross weight No No If yes, list City of Jefferson, Missouri Tabulation of Bids Prooposal Number 2757 Subject: Towing Services Date: November 25, 2014 Tow Pro Broadway Wrecker Department: Police Holts Summit MO Jefferson City MO PAGE 3 ITEM Unit Price Total Price Unit Price Total Price FIRM FIXED PRICE- INITIAL CONTRACT (YR. 5) Do you charge for storage of abandoned or derelict vehicles No No Daily Storage Fee (each unit inside) $0.00 $0.00 Daily Storage Fee (each unit outside) $0.00 $0.00 Towing cost city owned vehicles in excess of 24,000 pounds when in excess of two miles from the corporate city limits Hourly Rate $0.00 $0.00 Mileage Rate $0.00 $0.00 Are there any limitations to your firm's ability to tow any vehicles based on gross weight No No If yes, list NOTE: In addition, Tow Pro LLC agrees to $2.00/day paid by contractor to the City pay the City of Jefferson the sum of of Jefferson - $730.00 total per year. $7,601.00 per year on January 15th of each year. Discount for prompt payment on invoices none none Offer is firm for 30 days 30 days Do you represent a disadvantaged business No No Do you agree to cooperative procurement Cole County Yes Yes r IF J APO itPt CITY OF JEFFERSON CONTRACT FOR TOWING AND STORAGE THIS AGREEMENT,made and entered this jr day of January,2015,by and between the City of Jefferson,Missouri,a municipal corporation,hereinafter referred to as"City,"and Tow Pro,LLC, hereinafter referred to as "Contractor." WITNESSETH: WHEREAS,the City of Jefferson, Missouri, is desirous of obtaining towing and storage service of abandoned motor vehicles from all areas of the City; and WHEREAS,Contractor is willing to enter into this Agreement with respect to his employment and services upon the terms and conditions herein set forth. NOW, THEREFORE,be it agreed as follows: 1. Scope of Services. The Contractor agrees to perform the following services: a. Removal of abandoned vehicles which are left on public streets and roads as well as on public and private property in the city. b. Pick up abandoned motor vehicles and any other tows as directed by the City of Jefferson, Police Department from public right-of-ways and private property. The vehicles will then be towed or transported to their storage area. C. Provide all necessary equipment as listed on Attachment A and personnel to fulfill the requirements of this contract. 2. Payment by Contractor. As part of the consideration for awarding this contract,no later than January 15" of each year of this agreement, contractor shall pay the City Seven Thousand Six Hundred and One Dollars ($7,601.00). UACaon Files i=XTmv Pm LLC-Towing&Stmage-2015\Cmn 2015..Td 1 3. Exclusive Right, Towing from Accidents Not Included. The Contractor shall have the exclusive right to remove and impound vehicles from public streets and private property when such has been ordered by an appropriate City official. This right shall not include an exclusive right to be called to tow vehicles from the scene of an accident, which shall be handled by other City policies or contracts. This right shall not prevent the City from removing vehicles using its own equipment or from placing immobilizing devices on vehicles. 4. Facilily. Contractor's facility shall be in compliance with all city regulations including but not limited the zoning code of the City. 5. City Vehicles. Contractor shall, without cost, tow all vehicles owned by the City from any location within the city to the City Maintenance Facility or to such other garage or repair shop as may be designated by the City. 6. Storage of Vehicles. Contractor shall provide a facility(or facilities)for storage ofvehicles to be held as evidence and impounded vehicles,said facility being located within the corporate limits of the City. Contractor's facility shall meet the following requirements a. Storage of Vehicles Held As Evidence: i. Contractor shall provide a facility for the indoor storage of no less than 4 passenger vehicles. ii. All vehicles held for evidence purposes shall be stored inside. Contractor shall hold such vehicles for the duration of the contract without charge. iii. Contractor shall follow such procedures for holding vehicles seized as evidence as may be required by the police department. b. Storage of Impounded Vehicles. Vehicles which have been impounded (other than as evidence) i. shall be stored either: (1) in an indoor facility located within the City limits or (2) an indoor or outdoor storage located outside the City limits but not more than two (2) miles outside the City limits and ii. for no less than ten (10) days a facility which meets one of the following specifications: 2 (1) Indoor Storage. Impounded vehicles may be kept in a secure indoor storage facility. iii. Outdoor Storage. Outdoor storage facility must be securely fenced on all sides; and, C. Availability. The facility must be open to the public during regular business hours and available to receive vehicles impounded twenty-four hours per day, seven days a week, including holidays. 7. Care of Vehicles. The contractor or his employee shall not dismantle or remove any parts or contents from any vehicle. The contractor shall be responsible in his storage area for the vehicle and personal property. 8. Standards of Performance. a. Response Time. Successful contractor shall respond to a call for service under this contract within thirty (30) minutes after receipt of call if an emergency and one (1) hour for non emergencies as determined by the Police Department. b. Adhere to the City of Jefferson Municipal Code Section 22-31. REMOVAL AND DISPOSITION OF ABANDONED OR DISABLED VEHICLES. C. Annual Report. The successful contractor shall make an annual report(or within ten (10) days of the date on which the vehicles were sold) of all sales of vehicles towed under this contract to include year, make of vehicle, vehicle identification number (VIN) and sale price to the Police Department and Purchasing Division. 9. Impoundment and Release. a. Any vehicle which has been impounded shall not be released by the contractor without written consent of the City. b. Vehicles held shall be charged not more than$0 per day for the first thirty(30)days. 10. Contract Period. This contract shall be in effect from March 11, 2015 through February 29, 2016. With the consent of both parties, the contract may be extended for four (4) additional one (1) year periods. 11. Insurance 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. 3 12. Sale and Redemption of Abandoned Vehicles. a. 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 Contractor 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. b. Neither the city,nor any officer, employee or police officer of the city,nor the owner of any service station or garage towing and storing a motor vehicle under the provision of subsection (a) of the Scope of Service shall be responsible for the issuance of a certificate of title for any motor vehicle sold under the provision of subsection(c) . 13. Insurance. Contractor agrees to obtain and maintain throughout the term of this contract: a. Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. b. Contractor's Public Liability Insurance in an amount not less than$2,000,000 for all claims arising out of a single occurrence and$300,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo, and Contractor's Property Damage Insurance in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. C. Automobile Liability Insurance in an amount not less than$2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. d. Towing Insurance- If above insurance does not include risk specifically associated with towing, Contractor shall be required to provide towing specific insurance with the same limits. e. Garage Operations and Garagekeepers Coverages in the amount of$100,000 per occurrence. Coverage shall include Specified Perils coverage, Collision Coverage, and Comprehensive coverage. f. Subcontracts - In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a), (b), and (c) hereof and in like amounts. 4 g. The Certificates of Insurance furnished to the City showing proofofcompliance with these insurance requirements shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least fifteen days prior written notice has been given to the City. 14. Prevailing Wage Law. To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less than the"prevailing hourly rate of wages"for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of Annual Wage Order No. 15 in which the rate of wages is set forth. The Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workmen employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Purchasing Agent each week. In accordance with Section 290.250, RSMo, Contractor shall forfeit to the City Ten Dollars ($10.00) for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this contract,by the Contractor or any subcontractor under the Contractor. 15. Subcontractors. The Contractor further agrees that he will not assign or sublet the work or any part thereof without prior approval of the City except on special occasions when Contractor may need assistance in moving a vehicle. 16. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the City,its elected and appointed officials,employees,and agents,from and against all claims, damages, and expenses, including but not limited to attorneys' fees arising out or resulting from the performance of the Work, provided that any such claim, damage, loss or expense attributable to bodily injury, sickness,disease or death or to injury to or destruction of tangible property(other than the Work itselfl including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor,anyone directly or indirectly employed by any ofthem or anyone for those acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph. 5 17. Indemnification for CLq Error. The City agrees to indemnify and hold 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. 18. Reports. Contractor shall provide City in addition to monthly invoices,towing incident reports on all vehicles towed and a report of all vehicles sold pursuant to paragraph 9. The report of vehicles sold shall be provided within ten(10)days of the date on which the vehicles were sold. 19. 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 canceled at the sole option of the City upon giving five(5) days written notice to Contractor. 20. Cancellation. This contract shall be subject to cancellation by the City at any time following fifteen (15) days notice. 21. Notices. All notices,consents,authorizations,requests and statements hereunder shall be deemed to have been properly given if delivered by and or mailed by first class United States mail, postage prepaid, if to the City to the City Clerk at 320 East McCarty, Jefferson City, Missouri, 65101, and if to the Contractor to Tow Pro, LLC, 1538 Autumn Ridge, Holts Summit, Missouri, 65043. 22. Applicable Laws. This Contract and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. 23.. Illegal Immigration. Prior to commencement of the work: a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. C. If contractor is a sole proprietorship,partnership, or limited partnership, contractor shall provide proof of citizenship or lawful presence of the owner prior to issuance 6 IN WITNESS WHEREOF,the parties hereto have set their hands and seals on the day and year first above written. CITY OF JEFFERSON TOW PRO, LLC cAcLA,% Mayor Title W er ATTEST: ATTEST: �- -c1/)j� (,, y Clerk Title: APPROVED AS TO FORM: City Counselor UACmn Films=M=\Tow Pm LLC-Towing&Stomp-2015\Cmn 2015.wpd 7 Pit 1535( CITY OF JEFFERSON AMENDMENT TO CONTRACT FOR TOWING AND STORAGE WHEREAS, the City of Jefferson, Missouri, a municipal corporation, hereinafter designated "City," with offices at 320 East McCarty Street, Jefferson City, Missouri, 65101, entered into an Contract for Towing and Storage with Tow Pro LLC, located at 1538 Autumn Ridge Road, Holts Summit, Missouri, 65043, hereinafter referred to as "Contractor," on January 31, 2015. WHEREAS,the Agreement was for towing and storage service of abandoned motor vehicles from all areas of the City; and WHEREAS, both parties wish to extend the agreement for the first of four additional one-year -- - -- renewal periods as stipulated in Paragraph 10 of the agreement dated January 31, 2015. NOW, THEREFORE, be it agreed by the parties that the agreement is hereby renewed for the first of four additional one-year periods to end February 28, 2017. IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this ALO day of February, 2016. CITY OF JEFFERSON, MISSOURI TOW PRO ditAkce: —1 � �►ti Mayor �!r Title: ATTEST: ATTEST: 74-44 L4a47V L r/ City Clerk_-. - ; ,.• - Title: APPROVE S TO FORM: City aunselor jS3 5-(o CITY OF JEFFERSON RENEWAL TO CONTRACT FOR TOWING AND STORAGE WHEREAS, the City of Jefferson, Missouri, a municipal corporation, hereinafter designated "City," with offices at 320 East McCarty Street, Jefferson City, Missouri, 65101, entered into a contract with Tow Pro, LLC, located at 1538 Autumn Ridge Road, Holts Summit, Missouri, 65043, hereinafter referred to as "Contractor," on January 31, 2015; and renewed on February 16, 2016 and January 4, 2017. WHEREAS, the agreement was for towing and storage service of abandoned motor vehicles from all areas of the City; and WHEREAS, - both parties wish to extend the agreement for - the third of four additional one-year renewal periods as .stipulated in Paragraph 10 of the agreement dated January 31, 2015. NOW, THEREFORE, be it agreed by the parties that the agreement is hereby renewed for the third of four additional one-year periods to end February 28, 2019. CITY OF JEFFERSON, MISSOURI N -T Mayor Date: ATTEST: City Clerl �. APPROVED -AS TO FO City TOW PRO, LLC Title: o r9e' Date: / - 7 ATTEST: Title: u1,'5-<