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HomeMy WebLinkAboutTowing Agreement 01/17/2008CITY OF CENTRAL POINT TOWING CONTRACTOR AGREEMENT THIS AGREEMENT, made this day of , 201:; by and between `~l lnf; ."C~~.zE (hereina r referred to as "CONTRACTOR"), and CITY OF CENTRA POINT, OREGON, a municipal corporation (hereinafter referred to as "CITY"). RECITALS: 1. CITY desires to engage CONTRACTOR to render certain professional services hereinafter described in connection with providing 24 hours aday/365 days per year towing and storage of all Central Point Police Department impounded vehicles, and; 2. CONTRACTOR is qualified and willing to render the required services. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises hereinafter expressed, and intending to be legally bound hereby, the parties hereto mutually agree as follows: 1. Enaaaeme~nt_of Contractor CITY hereby engages CONTRACTOR to perform the technical and/or professional services hereinafter set forth, and CONTRACTOR hereby agrees to perform such services. CONTRACTOR is an independent contractor and is not an employee of CITY. Z. Scope of Services CONTRACTOR agrees to impound and store vehicles when requested to do so by the Central Point Police Department. Such impounding and storage services shall be performed in accordance with the standards set forth on Exhibit "A", entitled "Towing Contractor Services Standards", which is attached hereto and by this reference incorporated herein. CITY agrees to cooperate with CONTRACTOR in providing any information necessary for CONTRACTOR to carry out its work. 3. Effective Date and Termination This agreement is effective upon execution by both parties, and may be terminated by either party, with or without cause, on 15 days written notice. 4. Personnel A. CONTRACTOR represents that it employs, or will employ at its own expense, all personnel required to perform the services under this agreement. B. All services required hereunder will be performed by CONTRACTOR or under its direct supervision and all personnel engaged in the work shall be fully qualified and authorized or permitted under State and local law to perform such services. Page 1 of 3 C. CONTRACTOR agrees to comply with all applicable Federal, State and local laws regarding employee wages, hours, benefits, health care, and workers compensation, and shall ensure that all expenses and claims related thereto are paid promptly. D. None of the work or services covered by this agreement shall be subcontracted without the written approval of CITY. 5. Compensation CONTRACTOR will not be paid for its services by CITY, but will collect its fees from the owners or lienholders of the vehicles towed, or others paying on their behalf. CONTRACTOR will make available to CITY at all times its current schedule of fees and charges, showing all fees charged by CONTRACTOR to the owners or lienholders of the towed vehicles. Prior to making any changes to its schedule of fees and charges, CONTRACTOR shall obtain written consent from the Central Point Police Department. CITY will charge a fee to the vehicle owner or lienholder prior to releasing the vehicle, and CONTRACTOR will have no right or interest in those fees. Records CONTRACTOR agrees to keep records pertaining to all services rendered under this agreement and to make such records available to CITY upon request. If requested by CITY, CONTRACTOR will keep certain records confidential. 7. No Assignment CONTRACTOR shall not assign, sublet or transfer its rights or responsibilities under this contract to any other towing provider without written consent from CITY. 8. Insurance During the life of this agreement, CONTRACTOR shall maintain the following minimum insurance: A. Commercial general liability insurance, including personal injury liability, blanket contractual liability, and broad-form property damage liability coverage. The following minimum limits are required: General Aggregate - $1,000,000, Products/Completed Operations Aggregate - $1,000,000, Personal and Advertising Injury Aggregate - $1,000,000, Each Occurrence - $500,000, ~~The City of Central Point and its officers, employees and agents while acting in the scope of their duties as such" shall be a named Insured. B. Commercial automobile bodily injury and property damage liability insurance covering owned, non owned, rented, and hired autos. The combined single limit for bodily injury and property damage shall be not less than $500,000. "The City of Central Point and its officers, employees and agents while acting within their scope of their duties as such" shall be a named Insured. Page2of3 8. Place of Business: The tow CONTRACTOR shall have an established place of business. The place of business shall have an office area that is accessible to the public. Business hours for the purpose of inspection of business records, place of business, and towing equipment shall be 0800 - 1700 hours, excluding weekends and holidays. The CONTRACTOR shall maintain a single secured storage yard for all impounded vehicles with access to members of the Central Point Police Department 24 hours a day, 365 days a year. The secured storage facility must include an enclosed building that is within a secure compound. The secure enclosed building must also be equipped with a video surveillance system and surveillance tapes available to members of the Central Point Police Department upon request. 9. Communications: The tow CONTRACTOR'S place of business shall provide a single point dispatch service which provides services 24 hours a day, 365 days a year. Each vehicle used under this agreement shall be equipped with atwo-way radio or telephone, having communications with the dispatch service. Communications equipment shall be subject to approval of the Central Point Police Department. It shall be maintained in proper working condition at all times. 10. Tow Operators: The tow CONTRACTOR, its employees, agents, and associates shall comply with all city ordinances and shall be subject to criminal background investigations. 11. Release of Claimed and Disposal of Unclaimed Impounded Vehicles: The tow CONTRACTOR shall receive written authorization from the Central Point Police Department prior to release of impounded vehicles claimed by the registered owner/lien holder or disposal of unclaimed impounded vehicles. The tow CONTRACTOR shall dispose of all impounded unclaimed vehicles in accordance with state statutes. Page 3 of 3 EXHIBIT ~~A" TOWING CONTACTOR SERVICES STANDARDS 1. General Information: Central Point will enter into an open-ended, ongoing contract, which can be terminated at will by either party, for the towing, impounding and storage of vehicles and possibly items of evidence contained in such vehicles. Central Point estimates that the number of vehicles to be towed will be approximately 300 per year. A copy of the Towing Contractor Agreement is attached hereto. 2. Award: The contract will be awarded to the respondent who, in the opinion of the Central Point Police Department, offers the best performance and meets all required specifications. 3. Contractor /Personal Experience /Capability: All personnel employed by the CONTRACTOR shall be experienced in and capable of performing the kind of work specified herein. The CONTRACTOR shall be responsible for ensuring satisfactory results in accordance with the terms and conditions herein. 4. Response Time: Response time shall be from receipt of the request for service, as follows: Class A & B - On scene within fifteen (15) minutes 24 hours per day Class C - On scene within thirty (30) minutes 24 hours per day Class D - On scene within fifteen (15) minutes 24 hours per day Class D/C - On scene within thirty (30) minutes 24 hours per day 5. Insurance Requirements: The CONTRACTOR shall, during the term of the agreement, hold harmless and indemnify the City of Central Point, its officers, agents and employees from all claims arising out of any error or omission on the part of the CONTRACTOR whether actual or alleged and resulting in injury during or resulting from work described herein, except liability arising out of the sole negligence of the City. Commercial general liability insurance, including personal injury liability, blanket contractual liability, and broad-form property damage liability coverage have the following limits required: General Aggregate - $1,000,000, Products /Completed Operations Aggregate - $1,000,000, Personal and Advertising Injury Aggregate - $1,000,000, Each occurrence - $500,000. "The City of Central Point and its officers, employees and agents while acting in the scope of their duties as such" shall be a named insured. Page 1 of 3 Commercial automobile bodily injury and property damage liability insurance covering owned, non-owned, rented and hired autos shall be required. The combined single limit for bodily injury and property damage shall be not less than $500,000. "The City of Central Point and its officers, employees and agents while acting within the scope of their duties as such" shall be a named insured. Statutory workers compensation and employers liability insurance as required by state law. 6. Licenses: The CONTRACTOR will be required to possess a City of Central Point business license which shall remain current during the contractual period. The CONTRACTOR shall possess a minimum of one Class A, Class B, Class C, and Class D tow vehicles. The CONTRACTOR shall possess all commercial vehicle and operator licenses required under local, state and federal regulations, including but not limited to, the Oregon Department of Motor Vehicles, Public Utilities Commission and Department of Transportation. The CONTRACTOR shall possess all bonding and state requirements for the resale or disposal of vehicles. 7. Tow Vehicles All tow vehicles shall comply with minimum local, state and federal equipment standards for common carriers and tow trucks as specified in Oregon Administrative Rules, Department of Motor Vehicle Laws, Oregon Revised Statutes, and any other related laws. All tow vehicles shall comply with all Oregon Revised Statues pertinent to the business. All businesses shall comply with OAR 735-71-100 to 735-71-125 pertaining to safety devices and equipment. The tow truck CONTRACTOR shall meet the minimum safety operating equipment standards and shall meet regulations established for eligibility, as required by the Central Point Police Department's non-preference tow companies. Said regulations are attached and are an integral part of these specifications. The tow CONTRACTOR shall agree to tow impounded vehicles per the request of the Central Point Police Department The tow CONTRACTOR shall be available 24 hours per day, 365 days a year. There will be no refusals to tow. The tow CONTRACTOR shall meet a 100% response to request within the contracted response times. Page 2 of 3 C. Statutory workers compensation and employers liability insurance as required by State law. Coverage 1 and 2 shall be written on an occurrence basis, not on a claim-made basis and satisfactory "tail" coverage shall be provided. CONTRACTOR shall submit to CITY certificates of insurance for all policies listed above. The certificates shall provide that the insurance company give written notice to CITY at least ten (10) days prior to cancellation of any material change in the policy. 9 Comaliance With ORS Chapter 279C CONTRACTOR agrees to abide by the provisions of ORS 279C.505-.530, a copy of which is attached hereto, marked Exhibit "B", and by this reference incorporated into this agreement as if fully set forth herein. 10. Integration This agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This agreement may not be modified or altered except in writing signed by both parties. CITY OF CENTRAL POINT By: Phil MessAa, City Admin CONTRACT By: Printed ATTEST: Deanna Gregory, ~iY, ty R~cgMder Title: l.~"~ N~ ~1fL.. Page 3 of 3 EXHIBIT "B" 279C.505 Conditions concerning payment, contributions, liens, withholding, drug testing. (1) Every public improvement contract shall contain a condition that the contractor shall: (a) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract. (b) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract. (c) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. (d) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. (2) In addition to the conditions specified in subsection (1) of this section, every public improvement contract shall contain a condition that the contractor shall demonstrate that an employee drug testing program is in place. [2003 c.794 §138; 2005 c.103 §27] 279C.510 Demolition contracts to require material salvage; lawn and landscape maintenance contracts to require composting or mulching. (1) Every public improvement contract for demolition shall contain a condition requiring the contractor to salvage or recycle construction and demolition debris, if feasible and cost-effective. (2) Every public improvement contract for lawn and landscape maintenance shall contain a condition requiring the contractor to compost or mulch yard waste material at an approved site, if feasible and cost-effective. [2003 c.794 §139] 279C.515 Conditions concerning payment of claims by public officers, payment to persons furnishing labor or materials and complaints. (1) Every public improvement contract shall contain a clause or condition that, if the contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the contractor or a subcontractor by any person in connection with the public improvement contract as the claim becomes due, the proper officer or officers representing the state or a county, school district, municipality, municipal corporation or subdivision thereof, as the case may be, may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the contractor by reason of the contract. (2) Every public improvement contract shall contain a clause or condition that, if the contractor or a first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of payment from the contracting agency or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580 (4) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to the contractor or first- tier subcontractor on the amount due shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the contracting agency or from the contractor, but the rate of interest may not exceed 30 percent. The amount of interest may not be waived. (3) Every public improvement contract and every contract related to the public improvement contract shall contain a clause or condition that, if the contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. (4) The payment of a claim in the manner authorized in this section does not relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims. [2003 c.794 §140; 2005 c.103 §28] 279C.52O Condition concerning hours of labor. (1) Every public contract subject to this chapter must contain a condition that a person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services as defined in ORS 279C.100, the employee shall be paid at least time and a half pay: (a)(A) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or (B) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and (b) For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. (2) An employer must give notice in writing to employees who work on a public contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. (3) In the case of contracts for personal services as defined in ORS 279C.100, the contract shall contain a provision that the employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime. (4) In the case of a contract for services at a county fair or for other events authorized by a county fair board, the contract must contain a provision that employees must be paid at least time and a half for work in excess of 10 hours in any one day or 40 hours in any one week. An employer shall give notice in writing to employees who work on such a contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that employees may be required to work. (5)(a) Except as provided in subsection (4) of this section, contracts for services must contain a provision that requires that persons employed under the contracts shall receive at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279C.540 (1)(b)(B) to (G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. (b) An employer shall give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. [2003 c.794 §141; 2005 c.103 §29] 279C.53O Condition concerning payment for medical care and providing workers' compensation. (1) Every public improvement contract shall contain a condition that the contractor shall promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. (2) Every public contract subject to this chapter shall contain a clause or condition that all subject employers working under the contract are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. [2003 c.794 §143; 2005 c.103 §30]