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Contract No. 1992-36 Junk Removal Program Services Contract AwardKodiak Island Borough AGENDA STATEMENT Meeting of: August 6, 1992 ITEM NO. 1,2. A - 3 C-V-31� ITEM TITLE: FY93-94 Junk Removal Program Services Contract Award SUMMARY STATEMENT: Each year the Kodiak Island Borough advertises for bids for towing services for the Borough's Junk Removal Program. This year the bids were advertised in the Kodiak Daily Mirror on July 8, 10, 15, 17, and 22, 1992. One (1) bid was received by the deadline and opened on July 24, 1992, at 3:00 p.m. A copy of the one bid received is attached, along with a comparison table showing last year's bid. Also attached is a copy of the proposed towing services contract. This is the first time the contract has been awarded for two years. FISCAL NOTES N/A Expenditure Account Required $16,000.00 General Fund 530-731-430-145 APPROVAL FOR AGENDA: Mayor: ACTION: After a review of the bid, it is staff's recommendation that the FY93-94 Towing Services Contract be awarded to Airport Towing and Services for the amounts specified on their bid sheet. Move to award Contract No. 92-36 FY93/94 Junk Removal Program Services to Airport Towing and Services for "he amounts specified on their bid sheet. TOWING SERVICES 0 93- 9� BID SHEET - Page 1 of 2 Service 1. Basic Wrecker Service (including motorcycles but excluding recreational vehicles) 2. Basic Wrecker Service (recreational vehicles) 3. Heavy-duty Wrecker Service" (for towing 10 to 20 ton vehicles, e.g., school bus, concrete truck, etc.) 4. Tow Service Mileage Empty Loaded 5. Winch Service Minimum Charge 6. Extra Labor, when required 7. Dolly Service Bid Amount $ 65.00 per tow g 45.00 per tow $ 125.00 per tow $ 2.00 per mile C 2_Sn k 29 -on S 20.00 per mile per hour $ 20.00 per hour $ 25.00 per tow 8. Flatbed or trailer for motorcycles, snow machines, appliances, engines, car parts, drums, garbage, and other scrap materials $ 6n on per tow To be interpreted in accordance with ATC -ACA -611 Tariff No. 11-B. The rate for a heavy-duty tow truck is to be applied only when the utilization of such a truck is necessitated by the nature of the tow. When a heavy-duty tow truck is used due to the contractor's convenience or because a standard tow truck is unavailable, the basic wrecker fees apply. COMPARISON OF TOW BIDS FY92 & FY93-94 SERVICE AIRPORT TOWING FY 92 AIRPOR TOWING FY93-94 Basic Wrecker Service $ 40.00 $65.00 per tow Basic Wrecker Service (recreational vehicles) 40.00 45.00 per tow Heavy-duty Wrecker Service 75.00 125.00 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.1). Empty 1.00 2.00 per mile Loaded 2.00 2.50 per mile Winch Service 20.00 25.00 per hour Minimum Charge 20.00 20.00 per hour Extra Labor 20.00 20.00 per hour Dolly Service 20.00 25.00 per tow Flatbed or Trailer 50.00 60.00 per tow 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 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 until June 30, 1994 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 such records as it may require, including, but not by way of FY93-94 Junk Removal Program Page 1 of 5 Services Contract Bid Packet 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 achieved 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, the the KIB may give the contractor written notice to correct the specified deficiency and, if not corrected within ten (10) days after such notice, the contract may be terminated immediately at the option of the KIB. FY93-94 Junk Removal Program Page 2 of 5 Services Contract Bid Packet (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 tender to the KIB thirty (30) days written notice of the expiration or termination of any such policy. FY93-94 Junk Removal Program Page 3 of 5 Services Contract Bid Packet 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. IN WITNESS WHEREOF, these parties have signed this contract on the dates indicated below. FY93-94 Junk Removal Program Page 4 of 5 Services Contract Bid Packet KODIAK ISLAND BOROUGH By: Title: Address: Date: ATTEST By: Address: Date: CONTRACTOR Title: Address: Date: WITNESS 0 Address: Date: FY93-94 Junk Removal Program Page 5 of 5 Services Contract Bid Packet ITEM NO. /o(, 6. /, Kodiak Island Borough AGENDA STATEMENT Meeting of: August 6, 1992 ITEM TITLE: Resolution No. 92-30 A RESOLUTION REQUESTING MUNICIPAL ASSISTANCE FROM THE STATE OF ALASKA. SUMMARY STATEMENT The State of Alaska Municipal Assistance Program requires an annual resolution of the Assembly requesting the municipal assistance. The program will provide approximately $500,000 of funding to the Kodiak Island Borough for the current year. FISCAL NOTES [XI N/A Expenditure Amount Required Budgeted APPROVAL FOR AGENDA: Mayor RECOMMENDED ACTION: Move to adopt Resolution No. 92-30.,