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City of Dubuque Tow Contract - Change of Ownership (Wenzel's) Copyrighted December 3, 2018 City of Dubuque Consent Items # 12. ITEM TITLE: City of Dubuque Tow Contract- Change of Ownership SUMMARY: City Manager recommending approval of changes to the Tow Contract for FY2019-FY2021 to reflect the change of ownership of Wenzel's Towing. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Tow Contract FY2019-FY2021-NNM Memo City Manager Memo Staff Memo Staff Memo Supporting Letter Staff Memo THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Towing Contract FY2019-FY2021 DATE: November 27, 2018 Assistant Chief Jeremy Jensen recommends City Council approval of changes to the Tow Contract for FY2019-FY2021 to reflect the change of ownership of Wenzel's Towing. I concur with the recommendation and respectfully request Mayor and City Council approval. �� � ��� Mic ael C. Van Milligen��—� MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Mark Dalsing, Chief of Police Jeremy Jensen, Assistant Chief of Police THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi Date: November 26, 2018 To: Michael C. Van Milligen City Manager From: Jeremy Jensen Assistant Chief of Police Re: Towing Contract: FY2019-FY2021 INTRODUCTION The purpose of this memorandum is to notify City of Dubuque leaders reference a change in ownership of Wenzel's Towing, the current contracted tow company for the City of Dubuque. BACKGROUND On July 1, 2018, Wenzel's Towing was awarded the FY2019-FY2021 tow contract based upon a selection criterion that was vetted through members of various departments within the City organization. DISCUSSION On November 2, 2018, I received an email from a Jake Schroeder, a representative of Jason Rauen, stating effective 11/1/18 at approximately 4 p.m., Rauen had taken ownership of Wenzel's Towing. Rauen is the current owner of Tegler's Towing, McCann's Towing, and Burt Steve Towing. It should be noted that McCann's Towing had also presented the only other proposal for the FY2019-FY2021 tow contract. In a letter dated November 20, 2018 (see attached), attorney Todd Locher, representing Jason Rauen, states that Rauen intends to keep the Wenzel's Towing contract, under the Wenzel's name and with "greater resources" at their disposal. The letter assures that all assets, equipment, and the operating manager of Wenzel's Towing would remain the same. The letter also assures that the contract can be carried out as written and with no change in service to the citizens or the City organization. It is our belief that a change in ownership, while maintaining the existing resources, does not affect the contract. Essentially, the practical application of the contract does not change. It is the opinion of City Attorney Brumwell that the City of Dubuque generally does not want to interfere with private arrangements of parties as they relate to the sale of a business. RECOMMENDATION We recommend that the contract be reassigned to the new owner of Wenzel's Towing. ACTION REQUESTED Action requested is to incorporate the above changes into Tow Contract for FY2019- FY2021 and to approve the contract change, only based upon ownership. LOCHER & DAVIS rLc ATfORNEYS AT LAW 202 2ND AVENl1E NW P. O. BOX 7 FARLEY, IA 52046 JoHN M. LocHEa c i 93�-zo i 3� TE�EPHONE: (563) 744-3359 T000 J. Locr+ea* FncsiMi�E: (563) 744-3350 GeoRce A. Davis "A�so LicENSEo iN I�urvois WRITER�S E-MAIL'. TLOCHERC�LOCHERL4W.COM November 20, 2018 Jeremy Jensen Assistant Chief of Police City o' Dubuque 855 Central Ave Dubuque IA 52001 RE: Wenzel Towing, Inc. Dear Assistant Chief Jensen: As you know, Jason J. Rauen purchased Wenzel Towing, Inc. from the Roger Kunde Estate effective November 1, 2018. Jason purchased from the Roger Kunde Estate all of the units of Kunde Enterprises, LLC. Kunde Enterprises, LLC owned one hundred percent (100°/a) of Wenzel Towing, including the Wenzel facility at Hughes Court and all of the tow trucks and equipment owned by Wenzel Towing and Burt Steve Towing. Jason Rauen will retain all of the equipment of Wenzel Towing, including Neal Sweeney, Wenzel Towing's operations manager. Jason has an extensive business background. He has owned and operated businesses for 20 years. Also, Jason has been running towing businesses since 2012. One of the towing businesses that Jason Rauen owns and operates is McCann's Service, Inc. Thus, the equipment and certified operators of McCann Service, Inc. will also be available to meet the City of Dubuque's needs, if necessary. Thus, Wenzel Towing has greater resources and greater capacity than Roger Kunde or the Kunde family had to meet the obligations of its contract with the City of Dubuque. Jason Rauen and all of the employees of Wenzel Towing look forward to fulfilling all of the City of Dubuque's needs as expressed in the City of Dubuque Towing Service Contract FY2019-FY2021 and hope to continue to serve the City for years to come. If you have any further questions or require any other information, please feel free to contact me. Very'truly ours, � � � r �� Todd . Locher TJL:tb CITY OF DUBUQUE =` WING SERVICE CONTRACT FY2019-FY202. ISSUING AGENCY: City of Dubuque, Iowa CONTRACTOR: Wenzel Towing, 3197 Hughes Ct., Dubuque, IA 52003 The Contractor agrees to meet, maintain, and perform all services and to comply with all terms and conditions as set forth herein. The Contract shall be effective as of 12:01 A.M. July 1, 2018, and subject to the foregoing provisions herein shall continue in effect until Midnight, June 30, 2021. TECHNICAL STANDARDS The Contractor, performing as an independent contractor hereunder, shall be fully responsible for meeting the following technical standards: 1. INSURANCE AND AMOUNTS (SEE INSURANCE ATTACHMENTS A, B, AND C) 2. INDEMNITY AND HOLD HARMLESS AGREEMENT: The Contractor hereby agrees to defend, indemnify and hold the City, its officers, agents, and employees, harmless against: a. Any and all losses and liabilities for claims for personal injury, death, or property damage made against the City, its officers, agents, or employees, arising out of, or as a consequence of, any work performed under the Contract. b. Any and all expenses related to claims or lawsuits resulting from such claims, including court costs and attorney(s) fees. c. Any and all penalties and damages incurred by the City by reason of the Contractor's failure to obtain any permit and license under, or failure to comply with any applicable laws, ordinances or regulations. 3. EQUIPMENT: The following minimum equipment shall be maintained: a. Three (3) towing wreckers of 4-ton capacity with truck GVW of 10,000 lbs., all of which shall be equipped with wheel lifts. (referred to as Class A wreckers for purposes of Rates and Charges detail page) 1 b. One (1) towing wrecker of sufficient registration to tow a semi truck/trailer or any heavy equipment, having 25-ton pulling capacity with extendable boom capacity of 25 tons or more. The vehicle must have twin winches, air brakes with auxiliary air supply and must have a minimum of 25,000 Ib. GVW. (referred to as Class C wreckers for purposes of Rates and Charges detail page) c. One (1) flatbed car carrier with a minimum carrying capacity of 10,000 GVW (Note: May be included as part of (a) above total); d. One (1) set of motorcycle carrying straps for each towing wrecker required under section a above. e. The Contractor shall have available at all times sufficient equipment to perform all services required on a timely and responsible basis. All equipment must be owned or exclusively leased by the Contractor. All equipment must be modern, commercially manufactured and in good mechanical condition, and shall be subject to inspection at all times during the term of the Contract. No vehicle of the Contractor shall be used as an emergency vehicle. The Contractor agrees to have no markings on vehicles, buildings or correspondence that indicate or tend to suggest any official relationship between the Contractor and the City of Dubuque. All towing vehicles must be equipped with two-way radios or telephone communication with a range extending to the Dubuque city limits. Radios shall not be tuned to any police frequency. f The Contractor further agrees that sufficient operable towing vehicles and personnel will be available to adequately service the special towing needs of the City occasioned by special events requiring towing, including but not limited to, declared emergencies or construction projects, as determined by the Chief of Police or designee, or the City Manager or designee. g. All wreckers shall be equipped with the necessary equipment to perform emergency towing and recovery according to industry standards. All towing wreckers referred to in section a above shall have dollies, brooms, shovels, and fire extinguishers. The Contractor shall comply with all laws, rules, and regulations of any governmental agency having jurisdiction over the Contractor's business including, but not limited to, licensing and minimum safety requirements. 4. FACILITIES: The Contractor shall maintain a business and storage facility within the Dubuque city limits, which storage facility shall include reasonably secured short term and long term storage for 120 vehicles. The facility shall be accessible between 8 A.M. to 8 P.M., seven days per week, exclusive of holidays. Applicable holidays are New Year's Eve day, New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Eve day, and Christmas Day. The facility shall comply with all applicable building and zoning regulations and be owned or exclusively leased by the Contractor. a. The Contractor shall maintain a storage garage and/or outside storage facilities complying with all provisions of applicable building and zoning regulations sufficient to store all vehicles towed by the Contractor under Contract until such vehicle(s) are 2 claimed by the owner or otherwise legally disposed. It is understood the Contractor shall have or will acquire any additional storage areas needed to store any and all vehicles requested by the City. b. The Contractor's OUTSIDE compound storage area shall be for not less than 90 vehicles (meeting all required specifications as outlined herein). Outside storage may be located on or off premise from the main business address. Outside storage shall have the following features: 1) On and off premise sites shall be enclosed and lockable with a solid wall or a substantial wire fence not less than eight (8) feet in height. The solid wall or fencing must be in place within 30 days from the date of the contract award. NOTE: For evaluation purposes, those contractors submitting a response to the RFP without having the necessary outside storage area at the time of the RFP submittal shall complete and submit a proposed site plan for the outside storage as outlined in Attachment D. Site Plan includes written proof the property has been leased by the contractor and is properly zoned for vehicle use and storage as required in the contract general specifications. 2) Off premise site(s) shall have security lighting and be alarmed. 3) Vehicle storage area shall be located on hard surface, minimum being packed gravel. 4) All fences and walls shall be maintained in good repair throughout the term of the contract. Damage to such walls or fences shall be repaired within 24 hours. 5) Vehicles stored in any enclosed area shall be stored under lock and key. The Contractor shall protect all stored vehicles and any evidence of personal property contained therein from theft and damage in accordance with all reasonable Police Department instructions and directives. c. The Contractor's INSIDE compound storage area shall be for not less than 30 vehicles (meeting all required specifications as outlined herein). Inside storage may be located on or off premise from the main business address. Inside storage shall contain the following features: 1) On and off premise sites shall be fully enclosed, lockable and secured. Off site premise(s) shall have security lighting and be alarmed. 2) An area of inside storage shall be heated, ventilated and have sufficient lighting for evidence collection and processing for five stored vehicles. 3) Hard surface flooring, similar to asphalt or cement. 4) Vehicles stored in any enclosed area shall be stored under lock and key. The Contractor shall protect all stored vehicles and any evidence of personal property contained therein from theft and damage in accordance with all reasonable Police Department instructions and directives. d. Vehicles identified for "HOLD" by the Police Department shall be stored at such facility for whatever period of time necessary in order to properly process the vehicle and any investigation involved. Personnel of the Police Department of the City shall be permitted access to such vehicles at all times. 3 e. Storage facilities shall be subject to inspection and shall be approved by the City prior to the award of any Contract. Storage facilities shall be subject to periodic inspections during the term of the Contract when deemed necessary by the Chief of Police or designee. Notice of any discrepancies or deficiencies found by the Police Chief or designee shall be submitted to the Contractor in writing, and the Contractor shall remedy the same within five (5) days of receipt of such notice. Upon failure of the Contractor to remedy deficiencies, the City may terminate this Contract. f. Special storage requirements necessitated by special events including, but not limited to, declared emergencies or construction projects, shall be submitted for approval to the Chief of Police or designee or the City Manager or designee. g. In the event supplemental storage space is needed, the Contractor shall seek approval of the site prior to its use. The standards shall meet or exceed those described for inside and outside storage. 5. PERSONNEL: a. The Contractor shall have available sufficient qualified personnel for the operation of the required wreckers as specified. Each driver shall have a current valid drivers license appropriate for the vehicle being operated, and be valid to drive in the State of Iowa. The Contractor agrees that the owners of the company or the officers of the company, if a corporation, shall be responsible for the acts of their employees while on duty. b. Each driver shall have at least one (1) year experience in towing and recovery work. The Contractor shall insure that all drivers used on City calls shall be neat, clean, uniformed, courteous and competent in operating skills in all procedures. 6. RESPONSE TIME: The Contractor shall provide a 24-hour per day, 7-day per week, towing service. The Contractor shall have a wrecker at the destination requested not more than fifteen (15) minutes from the time that the towing firm receives a call during the day (6 AM to 6 PM), and not more than thirty (30) minutes at night (6 PM to 6 AM). The Contractor shall have 24-hour per day, 7-day per week, radio or telephone communications. Answering phone services are not permitted. If service is not provided within the specified time, the City shall have the right to make other arrangements for the call. If the Contractor repeatedly fails to furnish wrecker services as specified herein, the City may terminate this Contract. 7. SERVICE CALL CANCELLATION: In the event the Contractor responds to a request from the City to tow a vehicle, and upon arriving at the location of the vehicle a tow is not necessary, the Contractor may charge the owner/operator of the vehicle a "show up" fee, as listed on the attached rate sheet. The City may cancel a tow call prior to the arrival of the tow equipment without requiring payment of a "show up" fee to the Contractor by the owner/operator, unless the Contractor was requested between 6:00 P.M. and 6:00 A.M. during which time the Contractor may collect a "show up fee" provided the Contractor's driver has left the driver's residence and/or place of business. However, if the City or owner/operator has cancelled the tow 4 prior to the Contractor's driver leaving the driver's residence or place of business, the Contractor shall not collect a "show up fee." 8. PERSONAL PROPERTY IDENTIFICATION AND LOSS: The City will provide the Contractor an inventory of personal property that is in the vehicle at the time and place of impoundment. The Contractor assumes responsibility for personal property in the vehicle at the time of impoundment and described on the inventory list and such responsibility shall continue until the authorized release of the impounded vehicle. 9. REPORT OF SERVICES: The Contractor shall keep an accurate record of all vehicles received and disposed of under the terms of the Contract. The Police Chief or designee shall determine the sufficiency of the bookkeeping procedures. A report on request shall be sent to the Police Chief listing each car that was impounded and its disposition during the requested period. 10. POSTING AND PROVIDING OF CHARGES: a. The Contractor has provided the City with a rate sheet attached hereto listing all current rates and fees for services provided by the Contractor. The rate sheet shall also be posted conspicuously in the principle place of business of the Contractor and shall be clearly visible to the general public. Additionally, signage will be conspicuously posted stating "Persons having a concern or complaint regarding a police authorized tow are asked to call the Dubuque Police Department 589-4410". b. Charges for storage of impounded vehicles will become applicable 10 hours after said vehicle has been towed off the street. Second and subsequent day's storage charges accumulate at each 24 hr. passage from the original time of the tow. c. An increase in rates and fees on the rate sheet shall not be requested by the Contractor except within thirty (30) days prior to the anniversary date each year of the contract and may be granted by the City Manager in the City Manager's sole discretion. d. In the event an increase in rates and fees is approved by the City Manager, the City Manager reserves the right to review and reduce rates and fees based on a material change in the conditions supporting the approved increase. Such a review by the City Manager may only occur within thirty (30) days prior to anniversary dates of the Contract subsequent to the increase in rates and fees. 11. COLLECTIONS/CHARGES: a. The City of Dubuque shall not be responsible for the collection or payment of any charges for service rendered by reason of its having dispatched any service unless such service is applicable to City owned or leased equipment. All such services rendered shall be charged to the owner of the towed vehicle or other lawful claimant of possession. Charges for towing City owned or leased vehicles shall be forwarded monthly to the City Finance Department for payment and such invoices 5 shall identify the vehicle towed, the location from which the vehicle was towed, applicable rates and/or hours and dates involved, and the City vehicle number. b. The City shall be responsible for payment of towing and storage on vehicles that have been towed for evidence where the owner's right to title and claim have been forfeited by court order. For any vehicle in which a forfeiture proceeding has been filed and the court finds that the owner maintains the right to claim and title, payment shall be the sole responsibility of the owner or claimant. 12. COMPENSATION: In the case of a vehicle towed from private property, the Contractor agrees that reimbursement shall be limited to the towing and storage fee paid by the owner of the vehicle or the proceeds from disposition of an abandoned vehicle in accordance with Iowa Code section 321.89. 13. IMPOUNDED VEHICLES: If any owner or person entitled to possession of an impounded vehicle seeks to reclaim the same from the Contractor, the Contractor shall provide such owner or such person lawfully entitled to possession with an itemized statement of all charges relating to the impounding of such vehicle. 14. NOTIFICATION: The City hereby authorizes the Contractor to act as the private entity to dispose of abandoned (not claimed) vehicles. The Contractor agrees to remove all such vehicles and store them without cost to the City. All notifications to persons or businesses having an interest or claim to such vehicles will be the responsibility of the Contractor and will be made pursuant to Section 321.89 of the Code of Iowa, as amended. The City reserves the right to withdraw the authority granted by this section in its sole discretion with or without cause upon 10 days written notice delivered to the Contractor. 15. RELEASE OF VEHICLES AND PERSONAL PROPERTY: The Contractor agrees to release a vehicle to its owner upon authorization from the City and payment of towing and storage costs by the owner. At the time of release, the Contractor shall provide the owner with a receipt, itemizing towing and storage costs. All discrepancies and settlements are the responsibility of the owner and the Contractor. 16. DISPOSAL OF VEHICLES: The City hereby authorizes the Contractor to act as the private entity to dispose of abandoned (not claimed) vehicles. The Contractor agrees to remove all such vehicles and store them without cost to the City. Sales or disposal to a demolisher of the vehicles towed under these specifications shall be pursuant to Section 321.89 of the State Code of Iowa, as amended. Sales shall be conducted at a time, place and manner to be determined by the Contractor. 6 The sales may be held upon the premises of the towing service. Disposition of the proceeds of the sales shall be made in accordance with the provisions of the laws of the State of Iowa. The City shall not be responsible for paying any cost to the towing service. The Contractor shall provide to the City Police Department the following information on every vehicle disposed of by demolition or auction: a. Year, make, model, and VIN of the vehicle b. Date of disposal or sale c. Name of purchaser or demolisher of vehicle d. Amount received for vehicle (when requested by City of Dubuque) e. Bill for towing, storage and notification accrued on each vehicle The City reserves the right to withdraw the authority granted by this section in its sole discretion with or without cause upon 10 days written notice delivered to the Contractor. 17. NON -EXCLUSIVENESS OF SERVICES: The owner or person in possession of any vehicle that has been involved in an accident or whose vehicle has been incapacitated in any other manner shall be given the opportunity of contacting a wrecker or tow truck company of the owner or person's own choice if the disabled vehicle does not create a hazardous condition and a reasonable response time can be expected. The owner or person in possession shall further be given the opportunity of having such vehicle towed to a garage or compound other than that of the Contractor. 18. SERVICE: a. The Contractor shall furnish towing service for the removal of vehicles as defined in this specification and/or storage space for vehicles when required by the City of Dubuque whenever such services are dispatched or required by the City Police Department, or in the case of City -owned or leased vehicles, dispatched by either the Police Department or other authorized representative of the City. Such service shall be available on a 24-hour per day, 7-day per week, basis. b. The Contractor may call another qualified operator, hereinafter considered a subcontractor, to supplement service in towing only. It shall be the responsibility of the Contractor to employ only subcontractors who meet the same required criteria as Contractor, including, but not limited to, equipment, personnel, and insurance, etc. 19. CLEAN UP: The Contractor, when towing vehicle(s) from the scene of an accident, shall be responsible for removing from the street all broken glass and other matter that may be in the street as a result of the accident. 7 20. OTHER INTERESTS: The Contractor shall not, in the performance of this Contract, favor any automobile or truck body shop, or paint shop businesses. The Contractor hereby represents that it has no connection, association, affiliation or financial interest in any automobile or truck body shop or paint shop business. If the Contractor acquires any financial interest in such a business after the Contract has been awarded, the Contractor shall notify the City immediately in writing. A violation of this provision during the term of the Contract shall be grounds for immediate termination of this Contract. 21. COMPLIANCE WITH LOCAL, STATE, AND FEDERAL LAWS: The Contractor shall comply with all applicable local, state, and federal laws. 22. NON -ASSIGNABILITY AND SHAREHOLDERS: This Contract shall not be assignable. 23. NONDISCRIMINATION Contractor shall not: a. Discharge from employment or refuse to hire any individual because of race, color, religion, national origin, sex, age, marital status, sexual orientation, gender identity, or disability. b. Discriminate against any individual in terms, conditions, or privileges of employment because of race, color, religion, national origin, sex, age, marital status, sexual orientation, gender identity, or disability. c. Discriminate against any individual in delivery or service because of race, color, religion, national origin, sex, age, marital status, sexual orientation, gender identity, or disability. 24. ADDITIONAL CONTRACTOR RESPONSIBILITY: Any related costs for towing and storage not specifically described in these specifications shall be the responsibility of the Contractor. 25. SPECIFICATIONS AND BID: The general specifications and the Contractor's bid, attached hereto, are incorporated herein by reference. Bid submission REQUIRES: 1) Contractor completes Contractor's Checklist verifying all contract specifications are met. 2) Contractor submits PROPOSED RATES and CHARGES (Sections I and J) together in one SEALED ENVELOPE. a) PROPOSED RATES and CHARGES submitted in SEALED ENVELOPE are opened only after the City has verified all contract 8 specifications have been met. If it is determined the contract specifications have not been met, the proposal is rejected and the SEALED ENVELOPE remains unopened. 26. TERMINATION: This Contract may be terminated for any failure of the Contractor to comply with the material requirements hereof. In such event, the Contractor shall be given written notice of the intent to terminate this Contract and the Contractor shall then have ten (10) days from the date of the notice to cure such deficiency to the complete satisfaction of the City. In the event the Contractor fails to cure such deficiency within such time, this Contract shall stand terminated. IN WITNESS THEREOF, the parties hereto have executed this Contract. CONTRACTOR: CITY OF DU QUE: . By: I va �ti� B Y Y Date: /O3/bJ g Date: jK. 9 I. RATES AND CHARGES GROUP List of rates and charges (Prices must remain for the first year of the Contract. Any fee or change may be negotiated only thirty days on or before the anniversary date each year): NOTE: The City of Dubuque does not guarantee or imply any specific number of tows or other service that will occur during the life of this Contract. GROUP I. Rates for Group I apply to those vehicles that are NOT owned by the City, but for which service is performed as a result of a call from a Dubuque City Police Officer. Group I will not apply to City owned or leased vehicles that are included in Group II. GROUP I. Class A i SERVICE; TYPE Standard Tow HOURS From 6:00 A.M. to 6:00 P.M. PRICE $50.00 Night Tow From 6: 00 P.M. to 6: 00 A.M. $60.00 Dolly Fee $40.00 Recovery Operations Winching (1st half hour) Recovery Operations Winching (After 1st half hour) Standby Time (1st half hour) $45.00 $40.00 $30.00 Standby Time (After 1st half hour) $25.00 Mileage Outside City Limits $2.75/mi. Show Up Fee $26.50 Go Jacks $10.00 GROUP I. Class C: Towing and/or Recovery i SERVICE TYPE First Hour (per unit) PRICE $125.00 After First Hour (per unit) $125.00 GROUP I. STORAGE i SERVICE TYPE PRICE Cars, pickups, motorcycles (Outside storage) Cars, pickups, motorcycles (Inside storage — by owner request) Trucks, tractors, busses $20.00/day $25.00/day $30.00/day Truck tractor trailers $30.00/day After hours/holiday release charge (if any) $30.00 10 List rates and charges (Prices must remain for the first year of the Contract. Any fee or change may be negotiated only thirty days on or before the anniversary date each year): NOTE: The City of Dubuque does not guarantee or imply any specific number of tows or other service that will occur during the life of this Contract. GROUP II: Rates for Group II apply to those vehicles that are owned or leased by the City and service is performed as a result of a call from a City Police Officer or City employee. GROUP II. CLASS A. I SERVICE TYPE I HOURS 1 PRICE I Standard Tow From 6:00 A.M. to 6:00 P.M. $50.00 Night Tow From 6:00 P.M. to 6:00 A.M. $60.00 Dolly Fee $40.00 Recovery Operations Winching (1st half hour) $45.00 Recovery Operations Winching (After 1st half hour) $40.00 Standby Time (1st half hour) $30.00 Standby Time (After 1st half hour) $25.00 Mileage Outside City Limits $2.75/mi Show Up Fee $26.50 Go Jacks $10.00 GROUP II. Class C: Towing and/or Recovery First Hour (per unit) $125.00 After First Hour (per unit) $125.00 rr 11 City of Dubuque Insurance Requirements for Towing INSURANCE SCHEDULE P (Contractor) shall furnish a signed certificate of insurance to the City of Dubuque for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Finance Director. Each certificate shall include a statement under Description of Operations as to why issued. Eg: Project # 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Department of the City of Dubuque. 4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Contractor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subcontractors and sub -subcontractors. Contractor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements to various policies shall be attached to Certificate of insurance. 7. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the approval of the Finance Director and subject to the provider identifying and listing in writing all deviations and exclusions that differ from the ISO form. 8. Contractor shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. If the Contractor's limits of liability are higher than the required minimum limits then the Contractor's limits shall be this Agreement's required limits. 9. Whenever an ISO form is referenced the current edition of the form must be used. Page 1 of 3 Schedule P Towing July 2017 City of Dubuque Insurance Requirements for Towing INSURANCE SCHEDULE P (continued) EXHIBIT I A) WORKERS COMPENSATION AND EMPLOYERS LIABILITY Statutory benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85 as amended. Coverage A Coverage B Statutory —State of Iowa Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. B) AUTOMOBILE LIABILITY Bodily injury and property damage limit of liability: $1,000,000 C) COMMERCIAL GARAGE LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operation Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG0001 or business owners form BP0002. All deviations from the standard ISO Garage Liability form shall be clearly identified. Include an endorsement indicating that coverage is primary and non-contributory. Include Preservation of Governmental Immunities endorsement. Sample attached. Include an endorsement that deletes any fellow employee exclusion. Include additional insured endorsement for: "The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Policy shall include Waiver of Right to Recover from Others endorsement. D) GARAGE KEEPERS LIABILITY (to include "on -hook") Comprehensive Collision This coverage shall be primary and not excess. $250,000 Page 2 of 3 Schedule P Towing July 2017 City of Dubuque Insurance Requirements for Towing PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 3 of 3 Schedule P Towing July 2017