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HomeMy WebLinkAboutresolution.council.013-00 (Series of 2000) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND AJAX TOWING COMPANY. SETTING FORTH THE TERMS AND CONDITIONS REGARDING AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado. and. a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and regarding the City of Aspen a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ~~ ~ ~ ~ Rachel E. Rich~ds, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resolution ad,.ed by the City Council of the city of Aspen. Colorado. at a meeting held /q--, 2000. ! n S. Koch, City Clerk TOWING SERVICES AGREEMENT (NON-EXCLUSIVE) THIS AGREEMENT is made this oQ-oQ, day of February, 2000, by and between the City of Aspen, Colorado, a municipal corporation ("City") and Ajax Towing and Recovery, LLC ("Contractor"), whose business address is 627 W. North Street, Aspen, Colorado 81611. RECITALS WHEREAS, the City has the responsibility and authority to remove and impound motor vehicles from public rights-of-way and property for the protection of the public health, safety and welfare; and WHEREAS, the City desires to utilize the private sector in meeting its responsibilities to remove and impound motor vehicles pursuant to its municipal police power; and WHEREAS, Contractor is willing and capable of providing motor vehicle towing services consistent with the terms and conditions of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: SCOPE OF SERVICES 1. The services and work to be performed under this Agreement shall consist of responding in a timely fashion to requests by the City to remove motor vehicles from public rights-of-way and/or property, removing such motor vehicles and delivering same to designated areas, administration of the storage and release of specified vehicles towed and/or.impounded as provided under the specified vehicles towed and/or impounded as provided under the terms of this Agreement, and the furnishing of all labor, tools, equipment, supplies and services necessary to perform all work and services as described herein, except where otherwise provided by the specific terms of this Agreement. This is a non-exclusive agreement and City, at its discretion, may employ one or more contractors to perform the services as herein described. Additionally, City may use its own equipment and personnel to tow vehicles when deemed necessary. TERM AND RENEWAL 2. The term of this Agreement shall be five (5) years commencing on the date the Agreement is executed by the Mayor of the City of Aspen. The Agreemem at the end of the five year term shall automatically renew annually for periods of one year unless, at least thirty (30) days before its expiration date, one party advises the other by written notice of its intent not to renew the Agreement. Notice may be effectuated by hand-delivery or by deposit of same in the U.S. Mail, postage prepaid. SPECIFIC SERVICES 3. The Contractor shall be available and on call to the City twenty-four (24) hours a day, three hundred sixty-six (366) days per year and shall have all necessary equipment, personnel and tools available and in good operating condition to perform the towing and storage services as herein described. Contractor further agrees that all towing requests as made by City shall receive priority over any other request for Contractor's services. 4. Contractor shall tow all motor vehicles as requested by the City. Requests to tow motor vehicles may be submitted by any employee of the City of Aspen and may be transmitted to Contractor by direct verbal or written communication, or via radio dispatch through the Aspen/Pitkin County Communication Center. 5. Upon receipt of any request to tow a motor vehicle, Contractor shall dispatch a tow track and driver to the location(s) designated by the requesting authority and shall remove the motor vehicle(s) to a receiving area as designated by the requesting authority or as previously identified by the City as the receiving area for motor vehicles towed under the terms of this Agreement. 6. Contractor does hereby promise and guarantee to respond to all requests for towing within the Aspen municipal city limits within the following time limits: a) For requests submitted between the hours of S:00 a.m. and 10:00 p.m., Contractor shall respond to the scene of the tow within thirty (30) minutes from receipt of such request; For requests submitted by the Transportation/Parking Department a drop fee will be paid to the contractor for any tow that is canceled within 30 minutes of the call for service to the contractor. If canceled after a 30 minute period, no fee will be paid to the contractor. The fee for a cancellation will be $15.00. b) For requests submitted between the hours of 10:00 p.m. and 8:00 a.m., Contractor shall respond to the scene of the tow within forty-five (45) minutes from receipt of such request. 7. Response times as specified hereinabove shall be adhered to seven'(7) days a week, weather conditions allowing. Towing requests as delivered to any agent, employee or answering service as previously designated by Contractor shall be deemed to be delivery and notice to Contractor of such towing request. 8. Contractor shall be responsible for the timely release of any impounded vehicle as requested by the City or the owner. Vehicle may be reclaimed by owner at the Dump Lot holidays excluded. Specific release times Monday through Friday for vehicles to be released from the Dump Lot shall be arranged by vehicle owner with Contractor. (Timely manner is from the Dump Lot shall be arranged by vehicle owner with Contractor. (Timely manner is defined at paragraphs 6(a) and (b) herein.) 9. Contractor shall confirm the release of any vehicle with the Aspen Police Department prior to its release to an owner or other person. Contractor shall provide the owner or person obtaining the vehicle a copy of the towing summons and complaint together with a notice of impoundment and right to hearing. 10. All towed vehicles shall be assigned a Police Vehicle Tow Number and be accompanied by summons and complaint and notification of a right to hearing as issued by the authority requesting the tow. A copy of the summons and complaint will be provided to the tow truck operator for delivery by Contractor to the vehicle owner or other person authorized to recover the towed vehicle upon its release. 11. Motor vehicles subject to a police "hold" shall not be released absent written authorization by the Police Department. Contractor shall not be liable in any manner whatsoever for the release of a motor vehicle that has been authorized by the City, TOWING FEES AND STORAGE CHARGES 12. For purposes of assessing the fees as provided herein, a compensable tow shall be deemed to have occurred upon entry into the vehicle and the hook-up of the vehicle to Contractor's tow truck and the raising of two (2) of the vehicle's wheels off the ground. Additionally, a compensable tow shall be deemed to have occurred where a vehicle has been moved from its original parked position in order to facilitate a hook-up. 13. The fee for all tows authorized by the Aspen Police Department transferring vehicles from the receiving area lot, to the City impound lot at the dump shall be $85.00. The fee shall be paid to City of Aspen before the vehicle is released, by the vehicle owner or person entitled to possession unless the vehicle shall go unclaimed, then the vehicle shall be auctioned with proceeds to the City. Eighty-Five Dollars shall also be the fee for any vehicle towed directly from a public street/right-of-way or public property to the Dump Lot. Ajax Towing shall be reimbursed by the City. 14. The fee for all tows requested by the Authorized City Employees from public street/right-of-way or public property and Tipsy Taxi shall be $60.00. The fee shall be debited to the City. 15. City of Aspen shall charge and collect a storage fee for each impounded motor vehicle at the Dump Lot, at a rate of Five Dollars ($5.00) per day, except for large vehicles as defined by the parties in any given case. The storage rate for abnormal vehicles shall be Ten Dollars ($10.00) per day. Storage fees shall be paid by the vehicle owner or person entitled to possession upon release of the vehicle. City of Aspen shall reimburse Ajax Towing 100% of the storage fee collected. 16. COntractor shall~also be entitled to charge and collect a fee of Fifteen Dollars ($15.00) for arranging and permitting access to impounded vehicles stored at the Dump Lot by owner or person entitled to possession of a motor vehicle wishing to retrieve personal items therefrom. -- 17. Contractor and City shall confer bna regular basis, and no less than once a month, for purposes of reconciling credits and debits in those charges as assessed to the City in executing the terms of this Agreement~ All balances shall be adjusted and reduced to zero (0) after completion of the annual auction of unclaimed vehicles. Any dispute arising between Contractor and City over the assessment of penalties, debits or credits shall be finally resolved by the City's Finance Director. MISCELLANEOUS 18. The fees for towing and storage as herein specified may be amended at any time by the City Council of the City of Aspen pursuant to Section 24.08.010 of the Municipal Code. In the event such fees should be reduced, Contractor may terminate this Agreement with the City and be released from its obligations upon a final accounting of all fees, penalties and credits. 19. In the event an owner or person entitled to possession of a motor vehicle successfully challenges the propriety of the towing and/or impounding of their vehicle pursuant to the hearing procedure as provided at Section 24.08.030 of the Municipal Code, and all fees paid by such owner or person are Ordered tobe waived or refunded. City shall bear the cost of such waiver or refund. 20. Contractor, its employees and agents, shall conduct itself in a professional and courteous manner at all times when dealing with vehicle owners or other members of the public pursuant to the terms of this Agreement. Breach of this covenant may be regarded as a material breach of this Agreement. 21. Contractor shall deliver towed vehicles to the storage lot or location as specified in this Agreement or as directed verbally by the Aspen Police Department. Once a vehicle is delivered to a designated and approved storage lot or location, Contractor shall be free from any and all liability for any damage that may occur to said vehicle during storage, excepting damage proximately caused by Contractor, its employees Or agents. 22. Contractor shall be entitled to access the Dump Lot at any time for purposes of carrying out the terms of this Agreement and shall be provided keys necessary thereto. 23. Contractor may purchase such additional insurance protection as it may deem necessary. Maintenance of the required minimum insurance protection will not relieve Contractor of responsibility for any losses not covered by the above required policies. INDEMNIFICATION 24. Contractor agrees to indemnify and hold harmless the City of Aspen, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Contractor, any subcontractor of the Contractor, or any officer, employee, representative, or agent of the Contractor or of any subcontractor of the Contractor, or which arises out of any workmen's compensation claim of any employee of the Contractor or of any employee of any subcontractor of the Contractor. The Contractor agrees to investigate, handle, respond to and to provide defense for mad defend against, any such liability, claims or demands at the sole expense of the Contractor, or at the option of the City of Aspen, agrees to pay the City of Aspen or reimburse the City of Aspen for the defense costs incurred by the City of Aspen in connection with, any such liability, claims or demands. The Contractor also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false or fraudulent. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss or damage was caused in whole or in part by the act, omission or other fault of the City of Aspen, its officers, or its employees, the City of Aspen shall reimburse the Contractor for the portion of the judgment attributable to such act, omission, or other failure of the City of ASpen, its officers or employees. INSURANCE 25. Contractor agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Contractor pursuant to the indemnification provisions set forth herein. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to the indemnification provisions set forth heroin by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (a) Contractor shall procure and maintain, and shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to City. All coverage shall be continuously maintained to cover all liability, claims demands, and other obligations assumed by the Contractor pursuant to the indemnification provisions set forth herein. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 1) Workmen's Compensation Insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of Five Hundred Thousand Dollars ($500,000.00) for each accident, Five Hundred Thousand Dollars ($500,000.00) diseasd - policy limit, and Five Hundred Thousand Dollars ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workmen's Compensation requirements of this paragraph. 2) Commemial General Liability insurance with minimum combined single limits of One Million Dollars ($1,000,000.00) each occurrence and One Million Dollars ($I,000,000.00) aggregate. The policies shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form prOperty damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, prOducts, and completed operations. The policy shall include coverage for explosion, collapse and underground hazards. The policy shall contain a severability of interests provision. 3) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than One Million Dollars ($1,000,000.00) each occurrence and One Million Dollars ($1,000,000.00) aggregate with respect to the Contractor's owned, hired and non-owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision. If the Contractor has no owned automobiles, the requirements of this Section shall be met by each employee of the Contractor providing services to the City under this contract. (b) The policy or policies required above shall be endorsed to include the City of Aspen and the City of Aspen's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City of Aspen, its officers or employees, or carried by or provided through any insurance pool of the City of Aspen, shall be excess and not contribu{ory insurance to that provided by Contractor. No additional insurance endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations~ The Contractor shall be solely responsible for any deductible losses under any policy required above. (c) The certificate of insurance provided by the City of Aspen shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City of Aspen prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at lease thirty days(30) prior written notice has been given to the City of Aspen. (d) Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and pay any and all premiums in connection therewith, and ail monies so paid by City shall be repaid by Contractor to City upon demand, or City may offset the cost of the premiums against monies due to Contractor from City. (e) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (f) The parties hereto nndersmnd and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $400,000.00 per occurrence) or any other rights; immunities, and protections provided by the Colorado Governmental ~mmunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. ACCOUNTING 26. Contractor shall maintain accurate and up-to-date accounts of all fees and other monies or disbursed under the terms of the Agreement, and likewise, shall keep accurate records illustrating ail tows, booting and releases of motor vehicles. All accounts and records shall be made available for inspection by City upon reasonable notice, such notice not to be less than twenty-four (24) hours. INDEPENDENT CONTRACTORS 27. City and Contractor intend that the relation between them created by this Agreement shall be that of employer-independent contractor. No employee or agent of Contractor shall be or shail be deemed to be the employee or agent of the City. The City is interested in the results obtained under this Agreement and the manner and means of conducting the work described herein are under the sole control of the Contractor. TOWING EQUIPMENT 28. Contractor shail be responsible for providi~ng adequate and up-to-date equipment to carry out the terms of this Agreement. Such equipment shall be properly maintained and be sufficient to tow all types of motor vehicles, including passenger, family recreational and light trucks, without damage to said vehicles. In the event a motor vehicle is too large or heavy for rowing using Contractor's standard equipment as it deems necessary at a charge to be determined on a case-by-case basis by City and Contractor. Attached and incorporated herein as Appendix 1 is a listing of that equipment Contractor has and shall make available for carrying out the terms of this Agreement. A substantial changes in the availability of the equipment listed on Appendix 1 may be deemed by the City as a material breach of the Agreement. 29. Contractor shall obtain and maintain, at its expense, all necessary permits and licenses required by law authorizing any work to be performed under this Agreement. DEFAULT 30. In the event Contractor fails to comply with any term, condition or performance as specified in this Agreement and, upon written notice of such non-compliance by the City, fails to cure same within three (3) working days, the City may treat this Agreement as terminated in all respects and Contractor shall only be entitled to compensation on a pro rata basis up to the termination date. Notice of termination shall be provided by the City to Contractor in writing and same shall be effective upon the date of hand-delivery to Contractor or upon the deposit of same in the U.S. Mall, postage prepaid, addressed to Contractor at its regnlar business address. NON-ASSIGNABILITY 31. Neither this Agreement nor any interest herein shall be assigned or transferred by Contractor to any party or parties absent the written consent of the City. Such consent shall be granted or withheld solely at the City's discretion NON-DISCRIMINATION 32. Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement on the basis of race, color, religion, national origin, sex, ancestry, physical handicap, sexual orientation, age, political affiliation or family responsibility. Breach of this covenant may be regarded as a material breach of this Agreement. CONTRACT NOT A FRANCHISE 33. It is the understanding and intention of the parties that this Agreemem shall not constitute a franchise, nor shall the same be deemed or construed as such. AMENDMENTS 34. This Agreement contains the entire understanding of the parties and may only be amended by appropriate written instrument signed by the parties. THE CITY OF ASPEN, COLORADO By f/~f-~ Steve Barwick, City Manager ATTEST: Kathryn S. Koc~City Clerk AJAX TOWING & RECOVERY, LLC '~d~~ ~ APPROVED AS TO FORM: g:\j olm\word\agr\tow-serv, agr