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HomeMy WebLinkAboutResolution - 2009-R0568 - Contract - RP's Heavy Duty Towing Inc.- Junk Vehicle Towing - 12/16/2009Resolution No. 2009-80568 December 16, 2009 Item No. 5.23 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 9269 for junk vehicle towing per RFP 10-011-RH, by and between the City of Lubbock and R.P.'s Heavy Duty Towing, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 16th ATTEST: Rebe a Garza, City Secretary APPROVED AS TO CONTENT: Dale Holton, Chief of Police APPROVED AS TO FORM: Weav�f, Assistant City Attorney day of December '2009. //- TOM MARTIN, MAYOR vwxcdocs/RES.Contract-R.P.'s Heavy Duty Towing, Inc. November 23, 2009 Resolution No. 2009-80568 WRECKER SERVICE CONTRACT Contract No 9269 STATE OF TEXAS COUNTY OF LUBBOCK This Contract is entered into by and between the City of Lubbock, herein called " City," and R.P.'s Heavy Duty Towing, Inc., herein called "Contractor," this 16th day of December 2009, upon the following terms and conditions as expressed herein. Whereas, the City desires to provide for the removal of Junk Vehicles as authorized by the order of the Junked Vehicle Compliance Board, or any other board or commission designated by the City Council; and Whereas, the City has negotiated with the Contractor and the governing body of the City believes it would be the best interest and safety of the citizens of the City to enter this agreement with the Contractor: NOW THEREFORE: THAT for and in consideration of the amount of Fifty Dollars ($50.017) per vehicle that is towed by Contractor, payment of which amount shall be made to the City in accordance with the conditions and covenants hereinafter set forth, the parties hereto agree as follows: WITNESSETH: 1. DEFINITIONS. For purposes of this Contract, the following words, terms and phrases shall have the following meanings: a) "Junked vehicle" means a vehicle that meets the legal criteria, as determined by the City's Junked Vehicle Compliance Board, to be declared a junked vehicle under the state and local laws and regulations regarding junked vehicles. b) "Code Administration Manager" means the Manager of the Code Administration Department or his/her designated representative. C) "Order" means an order from the City's Junked Vehicle Compliance Board or any order of such Board or Commission requiring removal of a vehicle or part thereof. 2. COMPLIANCE WITH LAWS. Contractor agrees to and shall comply with all applicable federal, state and local laws in the performance of his/her duties under this Contract. Notice will be given by the Code Administration Manager or his/her designee to the Texas Highway Department within five (5) days after removal of a junked vehicle which identifies the vehicle or any portion of the vehicle removed. Page 1 of 7 3. AMENDMENT. This Contract may not be amended except by mutual agreement of the parties hereto expressed in writing. 4. WAIVER. The exercise of any remedy provided for by this Contract does not waive or exclude any other remedy available to a party at law. 5. ASSIGNMENT/ SUBLETTING. Except as herein authorized, it is understood and agreed that the contractor shall not assign, sublet or transfer any of the Contractor's rights or duties under this Contract without the express written approval of the Code Administration Manager or his/her designee. 6. SEVERABILITY. In the event that any provision of this Contract shall be determined to be illegal or unenforceable for any reason, the remainder of this Contract shall remain in full force and effect as if said illegal or unenforceable provision were not contained in the Contract; provided, however, that if severance of the illegal or unenforceable provision materially alters the obligations of the Contractor under this Contract, the City may, at its option, terminate this Contract by providing written notice to the Contractor. 7. INDEMNITY AND RELEASE CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, CITY, AND CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS OR LIABILITIES, OF ANY FIND OR NATURE, WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACTIVITIES CONTEMPLATED HEREUNDER, OR THE OMISSION OF THE ACTIVITIES CONTEMPLATED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, LOSSES, DAMAGES, CLAIMS OR LIABILITIES ARISING FROM OR RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACT OR OMISSION OF THIRD PARTIES AND/OR CAUSED OR CONTRIBUTED TO, IN ANY WAY, MANNER OR FORM, BY THE NEGLIGENCE OR FAULT OF CITY, ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS. CONTRACTOR FURTHER COVENANTS AND AGREES TO DEFEND ANY SUITS OR ADMINISTRATIVE PROCEEDINGS BROUGHT AGAINST CITY AND/OR CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS ON ACCOUNT OF ANY SUCH CLAIM, AND TO PAY OR DISCHARGE THE FULL AMOUNT OR OBLIGATION OF ANY SUCH CLAIM INCURRED BY, ACCRUING TO, OR IMPOSED ON CITY, OR CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS, AS APPLICABLE, RESULTING FROM ANY SUCH SUITS, CLAIMS, AND/OR ADMINISTRATIVE PROCEEDINGS OR ANY MATTERS RESULTING FROM THE SETTLEMENT OR RESOLUTION OF SAID SUITS, CLAIMS, AND/OR ADMINISTRATIVE PROCEEDINGS. IN ADDITION, CONTRACTOR SHALL PAY TO CITY, CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS, AS APPLICABLE, ALL ATTORNEYS' FEES INCURRED BY SUCH PARTIES IN ENFORCING CONTRACTOR'S INDEMNITY IN THIS SECTION. CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, SHALL NOT BE LIABLE, AND CONTRACTOR HEREBY RELEASES CITY, Page 2 of 7 AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, FOR, FROM AND/OR AGAINST ANY LOSSES, DAMAGES, CLAIMS OR LIABILITIES TO CONTRACTOR, ON ANY THEORY OF LEGAL LIABILITY, INCLUDING, BUT NOT LIMITED TO THE NEGLIGENCE, OF ANY TYPE OF DEGREE, OR FAULT, OF CITY, ARISING FROM OR RELATED TO, IN ANY WAY, MANNER OF FORM, THE UNENFORCEABILITY OR VOIDANCE, FOR ANY REASON, OF ALL OR ANY PART OF THIS AGREEMENT. THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THE TERMINATION OR VOIDANCE OF THIS AGREEMENT. 8. INSURANCE. The Contractor shall procure and maintain in force at all times during the term of this Contract policies of insurance in at least the minimum amounts listed below: General Liability Insurance S500,000.00 Combined Single Limit Automotive Liability Insurance 5500,000.00 Combined Single Limit All such policies shall be written with a licensed insurer of the State of Texas who shall have a Rating of "A" or better. Each policy of insurance shall name the City as an additional insured and shall contain a waiver of subrogation in favor of the City of Lubbock. The Contractor shall furnish the Code Administration Manager with a certificate of insurance at the time of execution of this Contract certifying that such insurance in the proper amounts is in effect and that the term of such policies is concurrent with the term of this Contract. Each such policy shall contain a provision that the policy shall not be cancelled, altered or amended without thirty (30) days prior written notice to the City. 9. TERMINATION. The failure of the Contractor to comply with any provision of this Contract shall constitute an event of default. The Contractor shall cure any default no later than five (5) calendar days following notice of default from the Code Administration Department. In the event that the Contractor fails to cure the default within the stated period, the City may terminate this Contract by delivering written notice of termination, which will become effective upon such date as is set forth herein, but in no case earlier than seventy-two (72) hours after delivery of the notice of termination to the Contractor. Notwithstanding the foregoing, the City shall also have the right to any time to terminate this Contract without cause upon thirty (30) days written notice to the Contractor. The Contractor shall be entitled to compensation only for services actually performed prior to termination. 10. CONTRACTOR'S RECORDS AND REPORTS. The Contractor will maintain a complete and updated record file of all vehicles towed pursuant to this Contract. The Code Administration Manager or his/her designee may audit all records and conduct inventories, inspections, and other assessments of vehicles, facilities and records at any time. The Contractor further agrees to give full cooperation to the Code Administration Manager or his/her designee and to provide such information as may be required by him. Furthermore, the Contractor will be responsible for any additional documentation and reports as may be required by the Code Administration Manager or his/her designee from time to time during the term of this agreement. However, the Contractor shall not collect or disseminate information determined by the Code Administration Manager as unnecessary for the performance of this Contract. Failure to allow inspection or audit, submit reports or records, Page 3 of 7 falsification of records or reports, or the collection of or dissemination of information not necessary for the performance of this Contract, shall be grounds for termination of this Contract. The Contractor shall retain and maintain all business records relating to his/her Contract not less than three (3) years. 11. PROFESSIONAL APPEARANCE. The Contractor agrees that all contacts with the public shall be handled in a courteous and professional manner and that the Contractor and his/her employees shall maintain a neat appearance at all times. Employees of the Contractor shall wear a uniform, in good repair, which identifies them as employees of the Contractor. 12. CONTRACTORS FACILITIESIHOURS OF OPERATION. The Contractor shall provide adequate office space and storage facilities for storage of towed vehicles, which vehicles shall be secured against theft and vandalism. The Contractor shall be responsible for all vehicles and their contents while they are under his/her custody and control. Said facilities shall comply with all City Ordinances and shall be located within the city limits of the City of Lubbock. The Contractor shall pay any claims from vehicle owners of theft or vandalism within ten (10) days or else advise the individuals who assert that their vehicles or the contents contained therein have been stolen or vandalized that they may file a written claim with the Code Administration Manager for damages if the amount claimed does not exceed $1,000. The Contractor shall also post a conspicuous notice on the premises of his/her storage facilities that vehicle owners have this right. Upon receipt of a claim not exceeding $1,000, the Code Administration Manager or his/her designee shall appoint three (3) residents of Lubbock County, Texas, to investigate such claim. No more than one of these appointees shall be a law enforcement officer. If they desire, the appointees may conduct a hearing to determine the validity of the claim. At such hearing, the vehicle owner will prevail if he proves to the satisfaction of a majority of the individuals conducting the hearing that the theft or vandalism occurred while his/her vehicle was in the Contractor's custody. The vehicle owner need not prove that the Contractor was negligent in allowing the theft or vandalism to occur. The individuals conducting the hearing, in their discretion, may reduce the amount of a claim awarded. The decision of the individuals conducting the hearing shall be final, and both the Contractor and vehicle owner must agree in writing prior to commencement of the hearing that they will abide by such decision. The Contractor shall not permit alcoholic beverages to be possessed or consumed by any person at the Contractor's storage facilities at any time. The Contractor shall confine guard dogs and any other animals at the storage facilities in such a manner that they are not in view and do not have access to customers or City representatives conducting business at such facilities during hours in which Contractor is open for business. The Contractor shall be able to provide proof of current rabies vaccinations for all animals on the premises. The Contractor shall not knowingly allow unauthorized persons to enter the impound area of the storage facilities. The Contractor shall provide reasonable accommodations to the vehicle owners and authorized agents of the owners, which shall include a clean, furnished, public waiting area inside the office area of the facilities. Also, reasonable access to the vehicles shall be provided to owners and to authorized agents of owners. Page 4 of 7 The Contractor shall be required to have an attendant available at the storage facilities for the release of vehicles from 8 a.m. until 5 p.m. Monday through Friday each week. The Contractor shall be required to have an attendant available to come to the facilities for vehicle releases within one (1) hour of notification at all other times. The Contractor shall be responsible for the upkeep, maintenance and cleanliness of the facilities, including removal of debris and garbage. Grass and weeds on the premises will be kept trimmed to less than six (6) inches in height. Contractor shall immediately clean the premises and affect any repairs to the same when requested by the Code Administration Manager. The Contractor shall provide all necessary office equipment and furniture and shall provide and be responsible for all utilities, including telephone, water and electric service. The Contractor's storage facilities must provide a minimum of 200 spaces for vehicles stored pursuant to this Contract. Spaces shall be large enough to allow vehicles to be stored at least three (3) feet apart and arranged to accommodate safe and prompt removal upon request. Should the Contractor's storage facilities be filled to capacity, the Contractor hereby agrees to move vehicles not being stored pursuant to this Contract to other locations. 13. SERVICES TO BE PERFORMED BY THE CONTRACTOR. The Contractor shall tow and store all vehicles designated by the Code Administration Manager or his/her designee in a safe and secure manner so as to avoid damage to the vehicles or danger to any motorists, pedestrians or Contractor's employees. The Contractor shall respond to all tow requests from the Code Administration Manager or his/her designee within forty-eight (48) hours of receiving tow Orders unless otherwise specified in this agreement. The Contractor shall respond to all tow requests from the Code Administration Inspector within one (1) hour of receiving such a request unless otherwise specified in this agreement. All such tow requests shall be completed in a timely manner. In responding to tow requests from the Code Administration Manager or his/her designee, the Contractor shall use authorized vehicles and equipment that he owns or leases unless such vehicles and equipment are not available for use. In such event, the Contractor may then use authorized vehicles and equipment from other towing services pursuant to agreements he may have with such other services, provided the vehicles and equipment comply with all state, federal and local laws, rules and regulations necessary to perform such tows and the requirements of this Agreement. THE CONTRACTOR SHALL BE ALLOWED TO DISMANTLE AND SALVAGE FOR RESALE ANY AND ALL USEABLE PARTS OF ANY JUNKED VEHICLE REMOVED PURSUANT TO A TEN (10) DAY WAITING PERIOD AS TO ALLOW A VEHICLE OWNER OR AN AUTHORIZED AGENT OF THE OWNER AMPLE TIME TO CLAIM THE REMOVED VEHICLE AND BRING IT INTO COMPLIANCE. UNDER NO CIRCUMSTANCES IS A JUNKED VEHICLE TO BE REMOVED FROM THE CITY LIMITS OF LUBBOCK, TEXAS PRIOR TO THE EXPIRATION OF THE TEN (10) DAY WAITING PERIOD. CONTRACTOR SHALL NOT RESTORE OR MADE ANY JUNKED VEHICLE THAT HAS BEEN TOWED PURSUANT TO THIS CONTRACT OPERABLE. Page 5 of 7 The Contractor will be required to crush all towed vehicles within 45 days of towing the vehicle if no vehicle owner or authorized agent of the owner has claimed the vehicle. The Contractor herein agrees to dispose of all vehicles removed and stored pursuant to this Contract and those vehicles that remain at the expiration of this Contract in accordance with the Code Administration Manager instructions at no additional cost to the City or to the owners or operators of such vehicles. 14. NON RESPONSE PENALTY. The Contractor agrees to stand ready to ably, professionally and promptly respond to any and all tow requests made by the Code Administration Manager or his/her designee regardless of the time of such requests or the number of such requests. The Code Administration Manager reserves the right to use tow trucks owned by other towing services should the Contractor be unable or unwilling to respond to a tow request by the Code Administration Manager or his/her designee in a timely manner. Should it be necessary for the Code Administration Manager or his/her designee to utilize another towing service for any reason other than severe weather, disaster or some other reason beyond reasonable control of the Contractor, the Code Administration Manager or his/her designee may instruct such towing service to tow and deliver the vehicle to the Contractor's storage facilities. Upon completion of delivery, the Contractor shall immediately pay the other towing service's customary charges for the services performed, take possession of the vehicle, and perform all obligations in regard thereto as though the Contractor had made the tow. The Contractor hereby agrees to make his/her storage facilities available at all times to any substitute towing service utilized by the Code Administration Manager pursuant to terms of this section. 15. JUNKED VEHICLES. The Contractor agrees to tow junked vehicles at the request of the Code Administration Manager within 48 hours of notification. Adequate space at the Contractor's storage facilities for the storage and disposal of junked vehicles will be maintained. The Contractor shall observe all applicable state laws, municipal ordinances and Code Administration's policies regulating junked vehicles. The Contractor shall not return such junked vehicle to its owner, or in any way settle charges or claims with a vehicle owner without prior written consent of the Code Administration Manager or his/her designee. CONTRACTOR MAY RETAIN ANY COMPENSATION PAID FOR SUCH VEHICLES BY ANY COMPANY OR INDIVIDUAL, WHICH DEMOLISHED THE VEHICLE. 16. PAYMENTS TO THE CITY. For as long as this agreement remains in effect, Contractor agrees to pay the City the amount of Fifky Dollars ($50.00) per vehicle that is towed by Contractor. This payment will be made monthly on the 10`x' of the following month. 17. CONTRACT TERM. The term of this Contract shall be for a period of one (1) year from the date of execution. The City shall have the right and option to extend the term for four (4) additional one-year periods under the same terms and conditions herein described and for the same bid amount from the Contractor each such additional year. Notice of the City's desire to extend the Contract shall be given in writing not less than sixty (60) days prior to the end of the term or extension. Page 6 of 7 18. NOTICES. Notices will be in writing by certified mail or hand delivered to a person authorized to receive notices by each party. 19. BILLING PROCEDURES. No charges, fees or costs other than those specified in the Contractor's bid and in his/her Contract may be charged for towing services requested by the Code Administration Manager or his/her designee. Any vehicle towed or stored pursuant to this Contract will be released without towing or storage fees charged to the Code Administration upon written authorization from the Code Administration Manager or his/her designee. THE PARTIES AGREE THAT THE CITY SHALL HAVE NO OBLIGATION TO THE CONTRACTOR FOR CHARGES INCURRED IN CONNECTION WITH WRECKER SERVICES FOR VEHICLES TOWED AT THE CODES ADMINISTRATION'S REQUEST. THE CONTRACTOR MUST SEEK PAYMENT FOR ANY TOWS OR TOWING SERVICES NOT SPECIFICALLY DESCRIBED IN THIS PARAGRAPH SOLEY FROM THE OWNER OR PERSON RESPONSIBLE FOR EACH SUCH VEHICLE. All loss or damage sustained by the Contractor and arising out of the nature of the work to be performed under this Contract, or from unforeseen circumstances, unusual obstructions or difficulties which may be encountered in the prosecution of such work, shall be borne by the Contractor at his/her own cost and expense. 20. This Contract shall be governed by the laws of the State of Texas and it is performable entirely within the boundaries of Lubbock, County, Texas. BE IT RESOLVED this 16th day of CITY OF LUBBOCK: Tom Martin, Mayor ATTEST: Rebe`6aa Garza, City Secretary APPROVED AS TO CON T• 4 Dale Holton, Chief of Police APPROVED AS TO FORM: (Z"," Chad Weaver, Assistant City Attorney Page 7 of 7 December .2009. _MKIM f FA