91-32 Agreement Between The Kodiak Island Borough And Aiport TowingKODIAK ISLAND BOROUGH
710 MILL BAY ROAD
KODIAK, ALASKA 99615
THIS AGREEMENT is made and entered into by and between the KODIAK
ISLAND BOROUGH, hereinafter "KIB" and AIRPORT TOWING, hereinafter
"CONTRACTOR," in consideration of the mutual promises contained herein and
shall be effective on the day, month, and year last herein specified.
WHEREAS, the KIB adopted Ordinance No. 82-4-0 authorizing the removal
of motor vehicles from public streets and other public or private property which
have been abandoned, or otherwise constitute a danger to the public health,
safety, or welfare; and
WHEREAS, the KIB wishes to contract for certain services associated with
the towing of such vehicles; and
WHEREAS, the CONTRACTOR desires to provide said services to the KIB.
NOW, THEREFORE, the parties hereto covenant and agree as follows:
1. Exclusive Contract. This agreement shall constitute an exclusive services'
contract between the KIB and the CONTRACTOR for the services herein
specified, and the KIB covenants that it will not contract with any other
private party for the provision of said services during the term hereof except
on an emergency basis or when the CONTRACTOR is unavailable or does
not have sufficient and proper equipment with which to perform a specific
task.
2. Duration. This contract shall be in full force and effect for a period of one
(1) year beginning on the date of execution.
3. Services and Equipment to be Provided by CONTRACTOR.
(a) Throughout the term of this contract, CONTRACTOR shall be
available eight hours per day, Monday through Friday, to tow vehicles
pursuant to the request of the Borough Mayor or his authorized agent.
(b) CONTRACTOR shall only remove designated vehicles at the written
request of the KIB and shall maintain and make available to the KIB
FY92 Junk Removal Program Page 1 of 5 Services Contract Bid Packet
such records as it may require, including, but not by way of
limitation, written records reflecting the date, time, and place of the
towing of each vehicle and an inventory of its contents at the time of
towing. This agreement includes towing services only, and no part or
parts shall be removed from any vehicle other than these parts
necessary to allow the safe transportation of the vehicle. Any parts
so removed shall be delivered with the vehicle to the designated
location.
(c) The KIB shall designate in writing the location to which vehicles/junk
shall be delivered. This location may be changed upon written
designation of the KIB.
4. Fees and Expenses. The KIB shall be responsible for and shall pay, upon
monthly billings, all towing charges associated with vehicles which are
towed to the designated location, and it shall be the sole responsibility of
the KIB to recover any such charges from the registered owners of such
vehicles or their agents where such recovery is authorized. Further, the KIB
shall be responsible for payment of the CONTRACTOR's fees and expense,
as authorized by this agreement, in those instances where an official request
for a tow truck is cancelled after the truck has been dispatched or where a
tow truck responds to an official request in a timely manner and finds the
vehicle specified in the towing request to have left the scene prior to the
truck's arrival. Nothing in this agreement shall be construed as setting rates
for or causing the KIB to become liable for services rendered by the
CONTRACTOR to private citizens merely because a KIB employee may have
relayed to the CONTRACTOR by radio, telephone, or other means the
citizen's request for assistance.
(b) A schedule of fees to be charged is attached hereto as Schedule A
and may be changed or modified only upon written agreement of the
CONTRACTOR and the KIB.
5. Best Efforts/Early Termination.
(a) The CONTRACTOR agrees to exert his best efforts to provide good
and adequate service and to perform under this agreement with care
and diligence, reasonably approximating the best art the towing
business has achieving at any given time during the life of this
contract. If, at any time during the life of this contract, the KIB
determines in good faith that the CONTRACTOR is not performing to
this standard, then the KIB may give the CONTRACTOR written notice
to correct the specified deficiency and, if not corrected within thirty
FY92 Junk Removal Program Page 2 of 5 Services Contract Bid Packet
(30) days after such notice, the KIB may then terminate this contract
effective ninety (90) days after service of a further written Notice of
Termination.
(b) Notwithstanding the above, the KIB may terminate this Contract at
any time if it determines that the CONTRACTOR has failed to comply
with State or KIB laws governing the towing of motor vehicles or if it
determines that the CONTRACTOR's records are inadequate to
demonstrate said compliance.
6. Disposal of Records. Upon the expiration of this contract or its early
termination, the CONTRACTOR shall make available to the KIB all of its
records concerning any vehicle which has been towed. All other records
maintained by the CONTRACTOR pursuant to this contract shall be retained
for at least three (3) years after completion of this contract and made
available to the KIB upon request.
Notwithstanding any other provisions of this contract, in no event shall the
CONTRACTOR destroy any records maintained for this contract without the
prior written consent of the KIB.
7. Indemnification. CONTRACTOR, in operating pursuant to this agreement, is
an independent contractor, and is in no way an agent, servant, or employee
of the KIB. CONTRACTOR will be liable for any damages, claim, action, or
suit arising from any operation of the CONTRACTOR, and the
CONTRACTOR hereby agrees to indemnify the KIB and hold it safe and
harmless against any suit, action, or claim arising directly or indirectly from
any operation of the CONTRACTOR.
8. Liability Insurance. CONTRACTOR shall carry at its sole cost and expense
property damage and personal injury liability insurance, in an aggregate
amount of not less than Five Hundred Thousand Dollars ($500,000) naming
the KIB as well as the CONTRACTOR as an insured party. Coverage under
such insurance shall, to the maximum extent permitted by law, explicitly
and specifically extend to damages arising from intentional torts as well as
to any punitive damages which may be sought or awarded against the KIB.
The CONTRACTOR shall provide the KIB with proof of such insurance prior
to the effective date of this agreement, and this agreement shall not become
effective until and unless such proof is made. The insurance coverage to be
obtained by the CONTRACTOR pursuant to this paragraph shall be non -
cancellable except upon at least thirty (30) days prior written notice the KIB,
and the insurer shall unconditionally covenant in said insurance policy to
FY92 Junk Removal Program Page 3 of 5 Services Contract Bid Packet
tender to the KIB thirty (30) days written notice of the expiration or
termination of any such policy.
9. Lost Property. CONTRACTOR assumes full and exclusive responsibility for
loss due to property damaged, lost, or stolen while in custody or control or
while the CONTRACTOR is otherwise acting pursuant to this contract and
agrees to hold the KIB safe and harmless against any claim, action, or suit
relating to lost or stolen property.
10. Worker's Compensation. CONTRACTOR agrees to provide to the KIB proof
of Worker's Compensation insurance as required by State law or proof of
exception by the Alaska Worker's Compensation Board with respect to the
duty to maintain such insurance. Worker's Compensation insurance will be
carried for all employees as required by Alaska Statute.
11. Federal, State, and Municipal Laws. The CONTRACTOR covenants that at
the time of execution of this contract, CONTRACTOR is in compliance with
any and all federal and state laws and regulations and KIB ordinances and
that CONTRACTOR shall remain and operate in compliance therewith so
long as this contract is in effect.
12. State Towing License. The CONTRACTOR must possess a valid towing
license from the State of Alaska, if required by the State.
13. Non -assignability. The parties stipulate and agree that the services rendered
under this contract are of such a nature that the rights and duties arising to
the CONTRACTOR hereunder shall not be delegable or assignable to another
party. Nothing in this contract is intended, however, to restrict the
CONTRACTOR in his selection of employees to carry out this contract or
any of its terms.
14. Non -waiver. Failure on the part of the KIB on any one or more occasions to
enforce its rights under this agreement or the rights or remedies accruing to
it upon default by the CONTRACTOR of any of the provisions hereof shall
not be construed as a waiver of those rights or remedies.
15. Entire Agreement. This contract constitutes the full and entire agreement of
the parties and replaces and supersedes any prior contemporaneous written
or oral negotiations or agreements between them.
FY92 Junk Removal Program Page 4 of 5 Services Contract Bid Packet
IN WITNESS WHEREOF, these parties have signed this contract on the dates
indicated below.
KODIAK ISLAND BOROUGH
Title:
Address: Is: --D
Date: i - -1 I
ATTEST
By:
Addr s: I/G
aWcQ'4?--, Air
Date:ald�1
CONTRACTOR
By: Xlz
Title: ,/y/ u n a -:Zr- ---
Address:
Date: / ";1-2 U - !ZZ
WITr it co
W.
/�iG�lcalc, �4i�
Date:
`P��g1.AN0 @09
OG
FY92 Junk Removal Program Page 5 of 5 Services Contract Bid Packet
C' >/-3,i�-
KODIAK ISLAND BOROUGH
710 MILL BAY ROAD
KODIAK, ALASKA 99615
THIS AGREEMENT is made and entered into by and between the KODIAK
ISLAND BOROUGH, hereinafter "KIB" and &6,0.,A,<— ,,,:;
hereinafter "CONTRACTOR," in consideration of the mutual promises contained
herein and shall be effective on the day, month, and year last herein specified.
WHEREAS, the KIB adopted Ordinance No. 82-4-0 authorizing the removal
of motor vehicles from public streets and other public or private property which
have been abandoned, or otherwise constitute a danger to the public health,
safety, or welfare; and
WHEREAS, the KIB wishes to contract for certain services associated with
the towing of such vehicles; and
WHEREAS, the CONTRACTOR desires to provide said services to the KIB.
NOW, THEREFORE, the parties hereto covenant and agree as follows:
1. Exclusive Contract. This agreement shall constitute an exclusive services'
contract between the KIB and the CONTRACTOR for the services herein
specified, and the KIB covenants that it will not contract with any other
private party for the provision of said services during the term hereof except
on an emergency basis or when the CONTRACTOR is unavailable or does
not have sufficient and proper equipment with which to perform a specific
task.
2. Duration. This contract shall be in full force and effect for a period of one
(1) year beginning on the date of execution.
3. Services and Equipment to be Provided by CONTRACTOR.
(a) Throughout the term of this contract, CONTRACTOR shall be
available eight hours per day, Monday through Friday, to tow vehicles
pursuant to the request of the Borough Mayor or his authorized agent.
(b) CONTRACTOR shall only remove designated vehicles at the written
request of the KIB and shall maintain and make available to the KIB
FY92 Junk Removal Program Page 5 of 9 Services Contract Bid Packet
such records as it may require, including, but not by way of
limitation, written records reflecting the date, time, and place of the
towing of each vehicle and an inventory of its contents at the time of
towing. This agreement includes towing services only, and no part or
parts shall be removed from any vehicle other than these parts
necessary to allow the safe transportation of the vehicle. Any parts
so removed shall be delivered with the vehicle to the designated
location.
(c) The KIB shall designate in writing the location to which vehicles/junk
shall be delivered. This location may be changed upon written
designation of the KIB.
4. Fees and Expenses. The KIB shall be responsible for and shall pay, upon
monthly billings, all towing charges associated with vehicles which are
towed to the designated location, and it shall be the sole responsibility of
the KIB to recover any such charges from the registered owners of such
vehicles or their agents where such recovery is authorized. Further, the KIB
shall be responsible for payment of the CONTRACTOR's fees and expense,
as authorized by this agreement, in those instances where an official request
for a tow truck is cancelled after the truck has been dispatched or where a
tow truck responds to an official request in a timely manner and finds the
vehicle specified in the towing request to have left the scene prior to the
truck's arrival. Nothing in this agreement shall be construed as setting rates
for or causing the KIB to become liable for services rendered by the
CONTRACTOR to private citizens merely because a KIB employee may have
relayed to the CONTRACTOR by radio, telephone, or other means the
citizen's request for assistance.
(b) A schedule of fees to be charged is attached hereto as Schedule A
and may be changed or modified only upon written agreement of the
CONTRACTOR and the KIB.
5. Best Efforts/Early Termination.
(a) The CONTRACTOR agrees to exert his best efforts to provide good
and adequate service and to perform under this agreement with care
and diligence, reasonably approximating the best art the towing
business has achieving at any given time during the life of this
contract. If, at any time during the life of this contract, the KIB
determines in good faith that the CONTRACTOR is not performing to
this standard, then the KIB may give the CONTRACTOR written notice
to correct the specified deficiency and, if not corrected within thirty
FY92 Junk Removal Program Page 6 of 9 Services Contract Bid Packet
(30) days after such notice, the KIB may then terminate this contract
effective ninety (90) days after service of a further written Notice of
Termination.
(b) Notwithstanding the above, the KIB may terminate this Contract at
any time if it determines that the CONTRACTOR has failed to comply
with State or KIB laws governing the towing of motor vehicles or if it
determines that the CONTRACTOR's records are inadequate to
demonstrate said compliance.
6. Disposal of Records. Upon the expiration of this contract or its early
termination, the CONTRACTOR shall make available to the KIB all of its
records concerning any vehicle which has been towed. All other records
maintained by the CONTRACTOR pursuant to this contract shall be retained
for at least three (3) years after completion of this contract and made
available to the KIB upon request.
Notwithstanding any other provisions of this contract, in no event shall the
CONTRACTOR destroy any records maintained for this contract without the
prior written consent of the KIB.
7. Indemnification. CONTRACTOR, in operating pursuant to this agreement, is
an independent contractor, and is in no way an agent, servant, or employee
of the KIB. CONTRACTOR will be liable for any damages, claim, action, or
suit arising from any operation of the CONTRACTOR, and the
CONTRACTOR hereby agrees to indemnify the KIB and hold it safe and
harmless against any suit, action, or claim arising directly or indirectly from
any operation of the CONTRACTOR.
8. Liability Insurance. CONTRACTOR shall carry at its sole cost and expense
property damage and personal injury liability insurance, in an aggregate
amount of not less than Five Hundred Thousand Dollars ($500,000) naming
the KIB as well as the CONTRACTOR as an insured party. Coverage under
such insurance shall, to the maximum extent permitted by law, explicitly
and specifically extend to damages arising from intentional torts as well as
to any punitive damages which may be sought or awarded against the KIB.
The CONTRACTOR shall provide the KIB with proof of such insurance prior
to the effective date of this agreement, and this agreement shall not become
effective until and unless such proof is made. The insurance coverage to be
obtained by the CONTRACTOR pursuant to this paragraph shall be non -
cancellable except upon at least thirty (30) days prior written notice the KIB,
and the insurer shall unconditionally covenant in said insurance policy to
FY92 Junk Removal Program Page 7 of 9 Services Contract Bid Packet
tender to the KIB thirty (30) days written notice of the expiration or
termination of any such policy.
9. Lost Property. CONTRACTOR assumes full and exclusive responsibility for
loss due to property damaged, lost, or stolen while in custody or control or
while the CONTRACTOR is otherwise acting pursuant to this contract and
agrees to hold the KIB safe and harmless against any claim, action, or suit
relating to lost or stolen property.
10. Worker's Compensation. CONTRACTOR agrees to provide to the KIB proof
of Worker's Compensation insurance as required by State law or proof of
exception by the Alaska Worker's Compensation Board with respect to the
duty to maintain such insurance. Worker's Compensation insurance will be
carried for all employees as required by Alaska Statute.
11. Federal, State, and Municipal Laws. The CONTRACTOR covenants that at
the time of execution of this contract, CONTRACTOR is in compliance with
any and all federal and state laws and regulations and KIB ordinances and
that CONTRACTOR shall remain and operate in compliance therewith so
long as this contract is in effect.
12. State Towing License. The CONTRACTOR must possess a valid towing
license from the State of Alaska, if required by the State.
13. Non -assignability. The parties stipulate and agree that the services rendered
under this contract are of such a nature that the rights and duties arising to
the CONTRACTOR hereunder shall not be delegable or assignable to another
party. Nothing in this contract is intended, however, to restrict the
CONTRACTOR in his selection of employees to carry out this contract or
any of its terms.
14. Non -waiver. Failure on the part of the KIB on any one or more occasions to
enforce its rights under this agreement or the rights or remedies accruing to
it upon default by the CONTRACTOR of any of the provisions hereof shall
not be construed as a waiver of those rights or remedies.
15. Entire Agreement. This contract constitutes the full and entire agreement of
the parties and replaces and supersedes any prior contemporaneous written
or oral negotiations or agreements between them.
FY92 Junk Removal Program Page 8 of 9 Services Contract Bid Packet
IN WITNESS WHEREOF, these parties have signed this contract on the dates
indicated below.
KODIAK ISLAND BOROUGH
By:
-
Title:
Address: '710 fi4,-U 19),, (ZA--
149�1 L 17-0e
Date:
ATTEST
Address: e&c,k
X10 /!( /l /�!• a°�.> i��
Date:
CONT CTOR
l� 2• w, c���2-r
By:
Title: i�A2in�c+i5 of rad a - Kft)'n c A+„o Lcajtfa l
Address: 1417 3A 4 "�
1<O'Z�JAK S50s-
Date: � t
WITNESS
By-
Address:--?to
ye
Address:-ito AkL(,Q, l� r`acj
�oc�yak i41L 9,riG (S
Date: gle,'GI I
FY92 Junk Removal Program Page 9 of 9 Services Contract Bid Packet
SCHEDULE A
BID SHEET - FY92
SERVICE
KODIAK
TOWING
Basic Wrecker Service
$ 35.00
per tow
Basic Wrecker Service (recreational vehicles)
40.00
per tow
Heavy-duty Wrecker Service
80.00
per tow
Tow Service Mileage (applies to basic wrecker service
only beyond paved road system [Beyond mile 12, Chiniak Highway,
beyond mile 6, Monashka Bay Rd.11.
Empty
1.00
per mile
Loaded
2.00
per mile
Winch Service
25.00
per hour
Minimum Charge
20.00
per hour
Extra Labor
20.00
per hour
Dolly Service
25.00
per tow
Flatbed or Trailer
45.00
per tow