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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.