Police Department/Wenzel Towing Contract Renewal
"
CITY OF DUBUQUE, IOWA
MEMORANDUM
June 14, 2000
FROM:
Michael C. Van Milligen, City Manager
~ah,JL-,
5hU..L'
!!J 1/-J- - 304- 2
TO: The Honorable Mayor and City Council Members
SUBJECT:
Towing Contract
Police Chief John Mauss is recommending that the Wenzel Towing contract be
renewed for an additional three years.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
_All ~(iJ}i
Michael C. Van Milligen
MCVM/dd
Attachment
cc:
Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
John Mauss, Police Chief
o
D'-C!'
('.
c;;" \-.1
,[~ (:-~--
(~
:".)
(
.
:n
in
:'j
,'-n
-.::::'-
ri1
o
(Jj
.) (,
:-D9
()
(j)
--
-
Co,
W
8
)>.~
'.. :":..-
CITY OF DUBUQUE, IOWA
MEMORANDUM
June 12,2000
SUBJECT
Michael C. Van Milligen
City Manager
John J. Mauss (f
Chief of Police f
Towing Contract
FROM
INTRODUCTION
The purpose ofthis memo is to recommend renewal of the towing contract with Wenzel
Towing.
BACKGROUND
Wenzel Towing was selected as a contract towing company for the City of Dubuque
Police Department in 1991 in response to an RFP process. That firm was the only
respondent from within the City who had or would acquire the equipment necessary to
meet all foreseen towing needs encountered by the Police Department. The contract
expired June 30, 1994, and both parties chose to exercise an optional three-year renewal.
In 1997, when the contract was expiring again, an RFP was sent out to towing companies
within the City. Wenzel was the only respondent, and we entered a contract, which
expires June 30, 2000.
No other company has expressed interest in the contract since 1997, to the best of my
knowledge. The contract again has a three-year optional renewal.
The contract does allow renegotiation of rates each year. None ofthe rates have been
raised during the past three years. He is now proposing some service fee changes in the
contract. Of 27 service charges covered in the contract, he proposes raising 12 of the
charges. Taking only the 12 charges, which are being changed, the increase averages
17% from the charges of three years ago. Calculating the increase including the 15
charges which would remain the same would show a 5.8% overall increase. Assistant
Chief Lambert and I have reviewed the proposed changes and find them to be reasonable.
The current rates and proposed rates are attached.
RECOMMENDATION
I recommend renewal of the contract with the proposed rate changes.
. .
. '
CITY OF: DUBUQUE, IOWA
MEMORANDUM
27 April, 2000
TO:
John J. Mauss
Chief of Police
FROM:
Terry Lambert
Assistant Chief of Police
tl
SUBJECT: Towing Contract
INTRODUCTION
The purpose of this memo is to recommend renewal of the towing contract between
the City and Wenzel Towing Service, Inc.
BACKGROUND
The current contract became effective on July 1, 1997 and it remains in effect
until Midnight on June 30, 2000.
DISCUSSION
During the period of the contract Wenzel Towing has performed in an acceptable
manner and has met the terms of the contract. On the rates and charges page of
the document where the contractor is asked to submit his fees, a notation was
made indicating that the listed rates were guaranteed for the first year of
the contract only and that the Contractor intended to renegotiate rates for the
second and subsequent years of the contract. No such renegotiation took place
however and the rates remained constant during the contract period.
The contract provides for a renewal option of an additional three years. Mr.
Wenzel was asked to provide any modifications he may have should he be offered
the opportunity to renew and has modified his rates and charges which would
take effect on contract approval and effective date of July 1, 2000. (copy
of current and proposed rates attached). I have reviewed the proposed rate
increases and find them to be reasonable.
RECOMMENDATION
I recommend that the City renew the contract with Wenzel Towing Service Inc.
for the additional three years as provided.
. ,
,.~,
t?~
~ M"____
J. Propose your rates and charges (Prices must remain firm for the first year
of the Contract. Any fee or change of charges 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, etc. 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 which are included in Group II.
GROUP I.
Class A **
Standard 1'ow ........... Hours 6:00 a.m. - 6:00 p.m......$
Night Tow
6:00 p.m.
Hours
- 6:00 a.m......$
Dolly Fee ..... '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Winching (1st half hour) ................................. $
Winching (After 1st half hour) ........................... $
Standby Time (1st half hour) .............................$
Standby Time (After 1st half hour) ....................... $
Mileage Outside City Limits ..............................$
Show Up Fee ............................. '. . . . . . . . . . . . . . . . . $
GROUP I. Class C: Towinq and/or Recoverv **
~
PRICE
40.00
50.00
35.00
35.00
35.00
20.00
15.00
2.00
20.00
PRICE
First Hour (per unit) ....................................$ 100.00
After First Hour (per unit) ..............................$ 100.00
GROUP I. STORAGE **
Cars, pickups, motorcycles (OUtside storage) .............$
Cars, pickups, motorcycles (inside storage-by owner request)
Trucks, tractors, busses ................................. $
Truck tractor trailers ................................... $
After hours release charge (if any) .. .......... ..........$
PRICE
9.00
11. 00
20.00
20.00
20.00
K. PROPOSE YOUR RATES AND CHARGES: (Prices must remain firm for the first
C'~~
year of the Contract. Any fee or change of charges may be negotiated thirty
(30) days on or before the anniversary date each year)
NOTE: The City of Dubuque does not guarantee or imply any specific number
of tows, etc. 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, but service performed as a result of a call from a City
Police Officer or City employee..
GROUP II.
CLASS A.
**
Standard Tow........ Hours 6:00 a.m.
6:00 p..)lI............$
Night Tow
Hours
6:00 p.m. - 6:00 a..)lI............$
Dolly Fee ................................................. $
Winching (1st half hour) ..................................$
Winching (After 1st half hour) ............................ $
Standby Time (1st half hour) .............................. $
Standby Time (After 1st half hour) ........................$
Mileage Outside City Limits ............................... $
Show Up Fee ..:............................................ $
GROUP II. CLASS C. Towina and/or Recoverv ** PRICE
First Hour (per unit) .................................... .$ 100.00
After First Hour (per unit) .............................. .$ 100.00
**
These rates and charges are guaranteed for the first year of the contract.
Contractor intends to re-negotiate rates for the second and subsequent years
of the contract.
"r.',
4~-~
J. Propose your rates and charges (Prices must remain firm for the first year
of the Contract. Any fee or change of charges 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, etc. 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 which are included in Group II.
GROUP I.
Class A
Standard Tow........... Hours
.......$
Night Tow
Hours
.... ... $
............4.
Dolly Fee ................................................ $
Winching (1st half hour) ................................. $
Winching (After 1st half hour) ...........................$
Standby Time (1st half hour) ............................. $
Standby Time (After 1st half hour) .......................$
Mileage Outside City Limits .............................. $
~:o":J':Zc;;e D~ij;-:e~' . . .... .. . ...... .. . . . . . . ... . . . . ... . . ... $
GROUP I. Class C: Towing and/or Recovery
First Hour (per unit) .................................... $
After First Hour (per unit) .............................. $
GROUP I. STORAGE
Cars, pickups, motorcycles (Outside storage) ............. $
Cars, pickups, motorcycles (inside storage-by owner request)
Trucks, tractors, busses ................................. $
Truck tractor trailers ...................................$
After hours release charge (if any) ......................$
K.
PROPOSE YOUR RATES AND
year of the Contract.
(30) days on or before
CHARGES: (Prices must remain firm for the first
Any fee or change of charges may be negotiated thirty
the anniversary date each year)
(?~~
PRICE
4;- qg
61r DO
,
36--: PO
3.5--: .' "
35: .'0
25: ()()
.2 (). if<'
.2. .>0
"'"
:L tJ,
/0.00
;<Je.... Ckvy-
PRICE
/' co
/(Ju.
,...
/"'0,
PRICE
/0. Vf)
/~, PO
zs: VI>
..-N
~b.
z!5: -
~ 4f.'iP~
-;r'.
~~~~
NOTE: The City of Dubuque does not guarantee or imply any specific number
of tows, etc. 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, but service performed as a result of a call from a City
Police Officer or City employee.
GROUP II. CLASS A.
Standard Tow........ Hours
.............$
PRICE
-s/6:"" trO
6"5: ,.
?..:J: ell)
?6": ..."
3.5; """
25: n
2, I), J1D
..&, ,,,,
.z, I), L'"
Night Tow
...........
Hours
............ .$
Dolly Fee ................................................. $
Winching (1st half hour) .................................. $
Winching (After 1st half hour) ............................$
Standby Time (1st half hour) .............................. $
Standby Time (After 1st half hour) ........................ $
Mileage Outside City Limits ...............................$
Show Up Fee ............................................... $
GROUP II. CLASS C. Towing and/or Recovery PRICE
First Hour (per unit) ........................... ..........$ /O~. Po
After First /V(), ."
Hour (per unit) ......... ......................$
a1CMffl--
~ ~-'~:i:td
VEHICLE TOWING SERVICE CONTRACT
ISSUING AGENCY:
Dubuque, Iowa, Police Department
CONTRACTOR:
Wenzel Towing Service, Inc.
275 Salina Street
Dubuque, Iowa 52001
The Contractor agrees to meet, maintain, and perform all services as set forth
herein.
The Contract shall be effective as of 12:01 A.M. , and subject to the
foregoing provisions herein shall continue in effect until Midnight,
IN WITNESS THEREOF, the parties hereto have executed this Contract.
CONTRACTOR:
By:
Date:
CITY OF DUBUQUE:
By:
Date:
GENERAL SPECIFICATIONS
FOR
VEHICLE TOWING SERVICE CONTRACT
SCOPE:
The City of Dubuque, Iowa, requests proposals for a contract for towing and
storage of vehicles impounded pursuant to section 32-406 of the City Code of
Ordinances of Dubuque, Iowa, and the disposition of abandoned vehicles pursuant
to section 321.89 of the Code of Iowa; together with other such towing as may be
designated by the City. The term of the contract will be for three (3) years.
PURPOSE:
The specifications are designed to ensure prompt, adequate, reasonable and
uniform cost for towing and storage services for the City and the public at the
request of the City. The contractor and its employees shall be required to
provide services authorized in the towing industry courteously and with the
attitude that their service is an extension of the City Government, and that
their dealings with the public shall be carried out with the utmost respect for
the citizens with whom they come in contact.
GENERAL:
Proposals will be considered only from firms regularly engaged in the
towing business and who can produce evidence that they have an established,
satisfactory record of performance for a period of one year or more, and have
satisfactory financial support, required equipment and organization sufficient
to ensure that they can satisfactorily execute the services if awarded a
contract under the terms and conditions herein stated. The term "equipment and
organization", as used herein, shall be construed to mean a fully equipped and
well established business as determined by the City of Dubuque.
COMPETENCY OF CONTRACTORS:
1. The contractor must have all necessary State licenses and permits as may be
required to operate the type of requisite business.
2. The contractor must submit the names and addresses of all ~ersons who have
a financial interest in the business, such as, but not limited to,
individual owners, partners, limited partners, officers, directors, and
stockholders indebted to the towing company in excess of $2,000 at the time
of proposal submission.
3. The contractor is presumed to be familiar with all laws, ordinances, rules
and regulations that may in any way affect the work. Ignorance on the part
of the contractor will in no way relieve the contractor from responsibility.
4. The contractor must provide a list of at least three (3) business
references including address, phone number and contact name. These
references should include current contracts with other entities similar in
the requirements to the City of Dubuque.
5. An Award Committee will be established to review all the proposals,
facilities, equipment, etc. prior to the award of the contract and make
appropriate recommendations to the Chief of Police of the City of Dubuque.
Specific factors that will be considered by the City include, but are not
limited to:
a. Technical capability of the contractor to accomplish the scope of the
work required in the Request for Proposal. This includes holding all
proper licenses, performance history on past and current government
or industrial contracts or work, and responsiveness of the Proposal in
clearly stating an understanding of the work to be done.
b. Demonstrated availability of the necessary personnel (both supervisory
and operational personnel), facilities and necessary equipment to
accomplish the scope of work in the Request for Proposal.
c. Financial capability of the contractor to perform in accordance with
the proposal requirements, evidence by the financial position and
resources that assures the ability to complete the contract and prices
offered.
Factors
Proposals will be evaluated based on the following factors and points:
(1) Technical Capabilities
a. Performance History
1. Current Contracts
2. Past Contracts
b. Responsiveness to Proposal
(2) Demonstrated Capability
a. Personnel and Equipment
1. Amount and type of equipment
2. Current personnel on staff
b. Storage Lot
1. Lot location and facilities
2. Current lot use
(3) Financial Capability
a. Price Quotation
b. Financial Stability
TOTAL POINTS
Point Range
TOTAL ......... 0-40
...0-25
...0-10
...0-05
TOTAL .......... 0-45
...0-10
...0-10
...0-20
...0-05
TOTAL .......... 0-15
...0-10
...0-05
100
6. Contractor will submit to the City in as much detail as is deemed
necessary, a description of how the towing service will be performed in
relationship to the specific factors that will be considered by the City for
award as listed in Section 5 above. The statement of qualification must be
submitted with this proposal form.
7. The City of Dubuque shall have the right to thoroughly inspect and
investigate the establishment, facilities, business reputation, quality of
equipment, and other general qualifications of any potential contractor,
and to reject any proposals, irrespective of the proposal price if it is
determined that the contractor is lacking in any of the essentials necessary
to assure acceptable standards of performance. During the contract period,
the City of Dubuque reserves the right to inspect, during normal business,
the facilities and all xecords which are Ielated to the contract.
8. The City of Dubuque reserves the right to reject all proposals.
9. The contract may be amended by the City as it deems to be in the best
interest of the City.
10. Once the City determines the successful bidder, the City reserves the
right to negotiate the terms and conditions of the specific proposal
to reach a final agreement.
11. At the conclusion of the third year, the City of Dubuque Police Department
and the Contractor will have the option of extending the contract for an
additional three years.
TECHNICAL STANDARDS
1. INSURANCE AND AMOUNTS
Contractor, performing as an independent Contractor hereunder, shall be
fully responsible for providing Worker's Compensation, or other applicable
insurance coverage for itself and its employees, and the City shall have no
responsibility or liability for such insurance coverage.
The City reserves the right to terminate the Contract if the Contractor
fails to maintain such insurance coverage.
The Contractor agrees to purchase the types of insurance outlined on
insurance Schedule A attached hereto.
2. INDEMNITY AND HOLD HARMLESS AGREEMENT:
Contractor hereby agrees to indemnify and hold the City harmless against:
a. Any and all losses and liabilities for personal injury, death, or
property damage 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 the
above, including court costs and attorney(s) fees.
c. Any and all penalties and damages incurred by reason of Contractor's
failure to obtain any permit and license under, or failure to comply
with any applicable laws, ordinances or regulations.
3. PERFORMANCE BOND
Contractor shall furnish the City of Dubuque a performance bond in the
amount of $2,500 payable to the City of Dubuque to insure the faithful
performance by the Contractor of the terms and provisions of the Contract
awarded. Said performance bond shall be delivered to the City within ten
(10) working days following execution of the Contract. Said bond must
be executed by a surety company of recognized standing authorized to do
business in the State of Iowa and having a resident agent in the State of
Iowa. Said surety company shall hold a current certificate of authority
as an acceptable surety on federal bonds, in accordance with United States
Treasury Department Circular No. 570 as currently revised.
The Performance Bond shall be retained by the City during the term of the
Contract and shall be good for any extension{s) that may be subsequently
approved; otherwise a new bond shall be issued to the City to cover any
extension(s) prior to the expiration of the old bond. Such performance
bond is to insure that the selected contractor provides safekeeping of
impounded vehicles, accessories and personal property and will indemnify
and hold harmless the City from any and all costs, expenses and liability of
any kind or nature whatsoever arising and/or growing out of the performance
of the services required by the Contract. In lieu of surety bond, a cash
performance bond will be acceptable.
4. EQUIPMENT:
The following minimum equipment shall be maintained:
a. Three (3) Class A wreckers of 4-ton capacity with truck GVW of 10,000
Ibs., two of which shall be equipped with wheel lifts.
b. One (1) Class C wrecker having 25-ton pulling capacity with extendable
boom capacity of 25 tons or more. Vehicle must have twin winches, air
brakes with auxiliary air supply and must have a minimum of 25,000 lb.
GVW;
c. One (1) car carrier with a minimum capacity of 10,000 GVW (Note: May be
included as part of A total);
d. One (1) set of motorcycle carrying straps for each Class A Wrecker.
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 will be
modern, commercially manufactures and in good mechanical condition, and
will 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, building or
correspondence that indicates or tends to indicate any official relationship
between the contractor and the police agency. All towing vehicles must
be equipped with two-way radios or telephone communication with a range
extending to the Dubuque city limits. Radios will not be tuned to any
police frequency.
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 Police Department, the City Manager's Office, or a ranking City
official.
All wreckers shall be equipped with the necessary equipment to perform
emergency towing and recovery according to industry standards. All Class
A wreckers must have dollies, brooms, shovels, and fire extinguishers.
Contractor shall comply with all laws, rules, and regulations of any
governmental agency having jurisdiction in the premises in~luding, but not
limited to, licensing and minimum safety requirements.
5. FACILITIES:
Contractor shall maintain a business and storage facility within Dubuque,
which storage area shall include reasonably secured short term and long term
storage for 65 vehicles. The facility must be accessible between 8 A.M. to
8 P.M., seven days per week. The facility must have a business appearance
in accordance with applicable building and zoning regulations and be owned
or exclusively leased by the contractor.
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 Contractor under Contract until
such vehicle(s) are claimed by the owner or otherwise disposed of legally.
Contractor's main storage area and outside compound must be of not less
than 50 vehicle capacity (meeting all required specifications as outlined
herein). Contractor must have INSIDE storage capacity to store not less
than 15 vehicles. Vehicles which have been marked "HOLD" by the Police
Department shall be stored at such compound 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.
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 Police Department of the City. Notice of any
discrepancies or deficiencies found by the Police Department shall be
submitted to Contractor in writing, and Contractor shall remedy the same
within five (5) days of receipt of such notice. Upon failure of Contractor
to remedy deficiencies, the Contract may be terminated by the City_
Vehicles stored in 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.
All outside storage facilities shall be enclosed with a solid
substantial wire fence not less than six (6) feet in height.
of fencing shall be fulfilled before award of the Contract.
and walls shall be maintained in good repair throughout the
Contract. Damage to such walls or fences shall be repaired
wall or a
Requirements
All fences
term of the
within 24 hours.
Special storage requirements necessitated by special events including, but
not limited to, declared emergencies or construction projects, require the
prior approval of the Police Department, the City Manager's office, or a
ranking City official.
6. PERSONNEL:
Contractor shall have available sufficient qualified personnel for the
operation of the required wreckers as specified. Each driver shall have
a current valid license issued by the State of Iowa appropriate for the
vehicle being operated. 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.
Each driver should have at least one (1) year experience in towing and
recovery work. Contractor shall insure that all drivers used on City calls
shall be neat, clean, uniformed, courteous and competent in operating skills
in all procedures.
7. RESPONSE TIME:
Contractor shall provide a 24 hour per day, 7 day per week, towing service.
Contractor shall have a wrecker at the destination requested within fifteen
(15) minutes from the time that the towing firm receives a call during the
day (6 AM to 6 PM), and within thirty (30) minutes at night (6 PM to 6 AM).
Contractor shall have 24 hour per day, 7 day per week, radio or telephone
communications. Answer 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 Contractor repeatedly fails to furnish
wrecker services as specified herein, the City may terminate the Contract.
8. SERVICE CALL CANCELLATION:
In the event 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 said vehicle a
"show Upll 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 I1show up" fee to the Contractor by the owner/operator, unless the
Contractor has been requested between 6:00 P.M. and 6:00 A.M. during which
time the Contractor can collect a '.show up fee" provided the Contractor has
left their residence and/or place of business. However, if the City or
owner/operator has cancelled the tow prior to the Contractor leaving their
home or place of business, the Contractor will not be entitled to a "show up
fee. "
9. PERSONAL PROPERTY IDENTIFICATION AND LOSS:
The City will provide an inventory of personal property which is in
the vehicle at the time and place of impoundment. Contractor assumes
responsibility for personal property in the vehicle at the time of
impoundment and described on the inventory list and said responsibility
shall continue until the authorized release of the impounded vehicle.
10. REPORT OF SERVICES:
Contractor agrees to keep an accurate record of all vehicles received
and disposed of under the terms of the Contract. The Police Chief will
determine the sufficiency of the bookkeeping procedures. A report on
request shall be sent to the Police Chief listing each car which was
impounded and its disposition during the requested period.
11. POSTING AND PROVIDING OF CHARGES:
Contractor has provided the City with a rate sheet attached hereto listing
all current rates and fees for services provided by the Contractor. Said
rate sheet shall also be posted conspicuously in the principle place of
business of Contractor and clearly visible to the general public.
Rates and fees may not be changed except within thirty (30) days prior to
the anniversary date each year of the Contract and only if approved by the
City.
12. COLLECTIONS/CHARGES:
The City of Dubuque shall not be responsible for the collection or payment
of any charges for service rendered by reasons 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 shall identify the vehicle towed,
location from which towed, applicable rates and/or hours and dates involved,
and City vehicle number.
The City shall be responsible for payment of towing and storage on vehicles
which 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 right to claim and title, payment shall be the sole responsibility
of the owner or claimant.
13. COMPENSATION:
In the case of a vehicle towed from private property, 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.
14. IMPOUNDED VEHICLES:
Should any owner or person entitled to possession of an impounded vehicle
seek to reclaim the same from Contractor, 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.
15. NOTIFICATION:
The City shall notify, by certified mail, within twenty (20) days of the
date of taking an abandoned vehicle into custody, the last known registered
owner or known lienholder at the last known address, that an abandoned
vehicle has been taken into custody.
If the identity of the last registered owner cannot be determined or if
the registration contains no address for the owner, the City shall provide
notice by publication.
16. RELEASE OF VEHICLES AND PERSONAL PROPERTY:
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, Contractor shall provide the owner with a receipt, itemizing
towing and storage costs. All discrepancies and settlements are the
responsibility of the owner and Contractor.
17. DISPOSAL OF VEHICLES:
Contractor shall cooperate with the City to expeditiously handle all
procedures for the disposal of abandoned automobiles pursuant to Iowa Code
Section 321.89. The procedure for disposal shall be conducted in the
following manner:
The Dubuque Police Department shall determine the means of disposal, either
to a demolisher or by public auction.
A. Disposal to Demolisher:
(1) The Police Department shall mail publication requesting bids from
local demolishers. Upon receipt of bids and determination of
highest bidder, the Police Department shall issue demolition titles
and collect payment for vehicles from the demolisher(s).
(2) Upon receipt of payment for vehicles, the Police Department shall
provide Contractor with name of the demolisher who purchased vehicle
and the amount paid for vehicle.
(3) Contractor shall then complete Iowa Department of Transportation
form 411090, Abandoned Vehicle Report, within seven days and return
the form to the Police Department for approval and submission to the
Iowa Department of Transportation.
(4) When the Police Department receives form 411090 from Contractor, a
purchase order will be forwarded to the City of Dubuque Finance
Department for payment of towing and storage, and to Contractor for
all vehicles listed on form 411090.
B. Disposal by Public Auction
(1) Public Auction of abandoned vehicles shall be held at Contractor's
place of business.
(2) Contractor shall be responsible for the auction of vehicles.
Contractor shall be compensated in accordance with Iowa Code Section
321.89 with the lesser of 10% of the vehicle sale price or ten
dollars per vehicle.
(3) The Dubuque Police Department shall be present at any Police
Auction and shall issue titles for vehicles sold. The Police
Department shall also collect the proceeds from sale of vehicles.
(4) Upon completion of auction, the Contractor shall complete Iowa
Department of Transportation form 411090, Abandoned Vehicle Report,
within seven days and return the form to the Police Department for
approval and submission to the Iowa Department of Transportation.
(5) When the Police Department receives form 411090 from Contractor, a
purchase order shall be forwarded to the City of Dubuque Finance
Department for payment of towing, storage, and auction fees to the
Contractor for the vehicles listed on form 411090.
If the Contractor fails to complete form 411090 in the time required and the
form is not submitted to the Department of Transportation as set forth in
Section 761, Chapter 480.2(321) and 480.3(321) of the Iowa Administrative
Code, the City shall not be responsible for payment of towing, storage, or
any other fees submitted by Contractor. -
18. NON-EXCLUSIVENESS OF SERVICES:
The owner or person in possession of any vehicle which 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 his/her 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 Contractor.
19. SERVICE:
The Contractor shall furnish towing service for the removal of vehicles as
defined in this specification and/or storage space for said 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.
Should Contractor receive a call beyond Contractor's "immediate capacity"
to handle, Contractor may call another qualified operator, hereinafter
considered a subcontractor, to supplement service in towing only. It shall
be the responsibility of Contractor to employ only subcontractors who meet
the same required criteria as Contractor, including, but not limited to,
equipment, personnel, and insurance, etc.
"Izmnediate capacity" shall be defined as circumstances involving natural
disasters, multiple accident scene, above and beyond unusual inclement
weather conditions, and/or when contractor's equipment has been fully
extended on service for the City of Dubuque. In such cases, the Police
Department dispatcher shall be so advised at the time of the call.
20. CLEAN UP:
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.
21. OTHER INTERESTS:
Contractor shall not favor any automobile or truck body shop, paint shop,
salvage or recycling business. The Contractor hereby represents that it
has no connection, association, affiliation or financial interest in any
automobile or truck body shop, paint shop, salvage or recycling business.
If Contractor acquires any financial interest in such a business after
the Contract has been awarded, Contractor shall notify the City of such
immediately in writing. A violation of this provision during the term of
the Contract shall be grounds for immediate termination of the Contract.
22. COMPLIANCE WITH LOCAL, STATE, AND FEDERAL LAWS:
Contractor shall comply with all applicable local, State, and federal laws.
23. NON-ASSIGNABILITY AND SHAREHOLDERS:
The Contract shall not be assignable.
24. 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, 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, or disability.
c. Discriminate against any individual in delivery or service because of
race, color, religion, national origin, sex, age, marital status, or
.
disability.
25. ADDITIONAL CONTRACTOR's RESPONSIBILITY:
Any related costs for towing and storage not specifically described in these
specifications shall be the responsibility of the Contractor.
26. SPECIFICATIONS AND BID:
The general specifications and the Contractor's bid, attached hereto, are
incorporated herein by reference.
27. TERMINATION:
The 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 the Contract and the
Contractor shall then have ten (10) days from the date of receipt 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, the
Contract shall stand terminated.