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Vehicle Towing & Storage Service Agreement Salina Police Department Memorandum/Officer's Report Support Division . ="y.ice: J iri $ 4i ` ���*L9i� i7 TO: Captain Sweeney FROM: Wayne Pruitt REF: Palmer Towing DATE: January 11, 2016 On January 6, 2016 I received the application for towing from Palmer Truck and Trailer. On January 11, 2016 I conducted a site visit of the business and found the following: • The wrecker lot is located at 2700 N 5th St. The only signage to indicate the hours of operation is on the storage lot gate which is north of the business office. I advised them they will need to display their hours of operation somewhere at the business office that is visible to the public. • The company currently does not have any cards or brochures listing the fees and instructions/contact to claim a vehicle. • During my conversation with Roy Palmer, we determined these two issues would be corrected pending approval of his company for the wrecker rotation. Before going to the business I contacted Nancy Schuessler from Risk Management to review the certificate of insurance provided by Palmer Truck and Trailer. She reviewed the certificate and confirmed all paperwork was in order. In 2015 Mr. Palmer applied for wrecker rotation and was denied. He appealed this decision and went to the City Commission on appeal. The basis for the denial was: • On December 2013 The Kansas Highway Patrol sent a letter to Joyce Palmer in regards to their company applying to be on rotation for the Kansas Highway Patrol. During their investigation they determined Mrs. Palmer was being deceitful and refused to add the company. • In August 2010 the Kansas Highway Patrol requested warrants for Roy Palmer for making a false writing in Saline County District Court. • In March 2012 warrants were issued by the Saline County District Court to Roy Palmer for 8 felony counts of Making False Information and 2 counts of Perjury. • In April 2013 this case was settled and Mr. Palmer pled to 2 counts of deceptive commercial practices, and 2 counts of transfer certificates of titles unlawful acts. He was sentenced to 6 months in the Saline County Jail which was suspended. He was placed on 6 months unsupervised probation and ordered to pay $560.00 in fines and court cost. • Over the years the Salina Police Department has received citizen complaints of deceptive 1 Salina Police Department Memorandum/Officer's Report Support Division iK ftk / 17!1�����\\ EA,A1 practices by Palmer Towing. These include in 2011 (which is the last year we used them) a vehicle was towed from private property and the lien holder was not notified. By the time they found out it had been towed the bill was $600.00 for towing and storage. The vehicle was there less than two weeks. The same lien holder had two other vehicles towed and he was never notified. The first bill for towing and storage was $11,642.50 for a 1999 Olds Silhouette and the second was for $9,907.50 for a 1992 Ford Taurus. • In another complaint an officer requested wrecker for an accident. Palmer towing arrived and the owner decided they would not need the vehicle towed. Palmer attempted to make the owner pay $55.00 for his time even though he never hooked up the car or cleaned up the accident scene. Mr. Palmer failed in his appeal to be allowed on the wrecker rotation list. Due to the amount of time that has passed and there have been no reported citizen complaints or criminal activity by Mr. Palmer or his company, I recommend Palmer Truck and Trailer be approved for the City of Salina wrecker rotation list. ■ 09'fr(Pli) \V 1J 2 CI SALINA POLICE DEPARTMENT TELEPHONE (785) 826-7210 255 N. 10t Street FAX • (785) 826-6515 Salina,Kansas 67401 }`� WEBSITE www.salina-ks.gov Sau na APPLICATION FOR SALINA POLICE DEPARTMENT ROTATION TOWING CONTRACT Section 1 —Application Instructions Pursuant to Salina Code Section 38-57 et seq., the City of Salina ("City") may enter into one or more non-exclusive contracts with towing and storage service providers for the purpose of obtaining vehicle towing and storage services for the Salina Police Department ("Department"). To request a contract and inclusion on the Department's rotation tow list, any interested service provider must complete and submit this application to the city clerk between December 1st and December 31st. Within thirty (30) - days of receiving a completed application, the city manager will verify all information included in the application and determine the applicant's eligibility and qualifications for a contract on the same terms and-conditions as the City's other towing and storage contracts. A determination of the applicant's eligibility and qualifications for a contract shall be based on the following criteria: (a) The applicant's technical skill, experience, and sound business practices in providing towing and storage services; (b) The applicant's previous conduct and performance when towing/impounding vehicles for the City, as relates to integrity, promptness, skill, efficiency, and ability to maintain satisfactory working relationships with vehicle owners; (c) The applicant's existing availability of equipment, facilities and personnel well-suited for providing towing and storage.services or the applicant's demonstrated financial ability and s willingness to immediately expand or improve available equipment, facilities and personnel if awarded a contract for towing and storage services with the City; and (d) The applicant's ability to comply with the terms, conditions, and minimum quality standards contained in the contract form attached hereto as Exhibit A, including but not limited to those relating to the towing contractor's hours of operation, maintenance of storage facilities, security and lighting mechanisms, vehicles and equipment, and required insurance. Upon the filing of a completed application, the applicant will be contacted by the Department to discuss the application, and to schedule a meeting for the purpose of conducting an inspection of the applicant's facilities to confirm the accuracy of the application and compliance with the City's requirements. The completed application and all attachments must be delivered to the city clerk's office in a sealed envelope on or before December 31st, addressed as follows: City of Salina Attn: Shandi Wicks, City Clerk • City-County Building 300 W. Ash, Room 206 Salina, KS 67401 • • Questions concerning this application form or the City's requirements should be directed to: •' Lieutenant Wayne Pruitt Salina Police Department 255 N. 10th Street Salina, KS 67401 Email: wayne.pruitt @salina.org • Telephone: (785) 826-7210 Section 2— Applicant's name, location and legal status Name of applicant business: { Ro,Y F- d . t"rJ ltr -1 U 7 fev Applicant's legal status: (corporation, limited liability company, partnership, etc.): (� P Location of applicant's principal office: Ks- Name of any affiliates: 0 . Name of all owners of applicant's business: -R. 0 f Section 3 — Applicant's primary contact and person responsible for accuracy of application Name: R.,7) I'o� Title: nL.„tfru� Address: aim,...) pJ.. FC crz, 1 ,JG. �� '2 y0 1 Telephone: 2 q. Q r� ��h//CG r� Fax: /22 5 a r2�� /Li: Email: Pr.e 10'1 'c"f o�;. c,tom. f'�ct,i ` `S �,r- f"1 n C'' n Section 4 — Compliance with contract terms and conditions By submitting this application, applicant's representative has reviewed the City's contract form attached to this application as Exhibit A,.including the insurance requirements contained therein, and affirms that, if awarded a contract, applicant has the ability'to fully iperform-in accordance with the contract's terms and conditions. Any exceptions should be explained below: • 2 Exhibit A — Form of Contract CITY OF SALINA,KANSAS VEHICLE TOWING AND STORAGE SERVICE AGREEMENT This Vehicle Towing and Storage Service Agreement ("Agreement") is entered into this ca 01 day of C•�v�`� , 20 (b ("Effective Date"), by and between the City of Salina, Kansas a Kansas municipal-sbrporation ("City"), and fc,lewe— -4—`-rr-6,1� , t n�i ("Contractor"). �T' Recitals A. The City's Police Department ("Department") requires the aid and assistance of vehicle towing and storage services on a regular basis in the performance of its emergency response and traffic control duties, including response to and investigation of vehicular accidents. B. Section 38-58 of the Salina City Code authorizes the City Manager to contract with one or more qualified service providers to provide towing and storage services for the Department. C. Contractor is a towing company that owns tow trucks, maintains storage and impound facilities, and employs personnel who are capable of providing the desired vehicle towing and storage services to the Department. D. The City desires to retain and designate Contractor, and Contractor desires to accept and be retained by the City, as an independent contractor and on a non-exclusive basis, for purposes of providing police towing and vehicle storage services for the Department, pursuant to the terms and conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the foregoing, the mutual covenants and promises hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: 1. General Scope of Services. Contractor shall perform vehicle towing, impound, and storage services as directed by the Department, and pursuant to the terms of this Agreement. Except as otherwise provided herein, Contractor's services hereunder shall be made available to the City twenty-four(24) hours a day, seven (7) days a week during the term of this Agreement. For purposes of clarification, this Agreement shall not apply to any request for services in which Contractor is engaged by the driver or owner of the vehicle, or by any person other than an authorized City official. 2. Term of Agreement. This Agreement shall be effective as of the Effective Date and shall continue until September 26, 2016, unless earlier terminated as set forth herein. By mutual written agreement before the expiration of the initial term, the parties may extend this Agreement for one (1) additional two (2) year term, on the same terms and conditions contained herein. 3. Towing Service Responsibilities. 3.1. Response Time. Contractor shall maintain and staff, on a twenty-four(24) hour basis, a telephone to promptly receive requests from the Department. Contractor shall , respond to the Department's request for towing, impound, or storage service within twenty (20) minutes from the time such request is received from the Department for vehicles located in the City of Salina, or within.forty-five(45)minutes for vehicles located in Saline County and outside the city limits of the City. Contractor shall give priority to all of the Department's requests for service. 3.2. Towing Service Duties. After being requested to the scene by the Department, Contractor shall comply with the following: i. Contractor shall send the requested number and type of tow vehicles to the designated location within the maximum response time set forth in Section 3.1 above. ii. Contractor shall not move or attach a tow truck to any vehicle until instructed to do so by the investigating officer of the Department. iii. Contractor shall cooperate with the investigating officer of the Department in towing, storing, and/or impounding vehicles, as directed by the investigating officer. iv. Contractor shall provide the owner or driver of a towed vehicle (when • present at the scene) with written documentation indicating Contractor's telephone number, the location to which the vehicle will be towed, and Contractor's scheduled fees pursuant to this Agreement. v. On collision calls, before leaving the scene of the accident, Contractor, shall remove from the site all resulting wreckage, debris,broken glass, and reasonable amounts of automotive fluids on the roadway, but excluding truck or vehicle cargoes, to the reasonable satisfaction of the investigating officer in charge at the accident scene. vi. The owner or driver of a vehicle-to be towed hereunder shall have the right to determine the destination of the tow, provided that the tow is not for police impound and the owner or driver is immediately able to pay for all tow charges incurred. 3.3. Insufficient Equipment; Subcontracting. In the event that Contractor does not have the appropriate equipment for a specific tow request or cannot respond to a request for service within the time limits established in this Agreement, Contractor shall subcontract the requested towing services to a secondary towing service that has been previously approved by 2 • Section 5—Attachments To be considered complete, the following information must be organized and attached to the application: • A. A cover letter/statement of qualifications highlighting the applicant's qualifications and ability to perform towing and storage services pursuant to the City's requirements, including a summary of the applicant's relevant experience and number of years in the towing business. B. A description of the applicant's business facilities, including a description of staffing at the facilities during business hours. C. A description of applicant's security policies and procedures at the facilities. D. A list and description of applicant's towing equipment that would be used to provide services under the requested contract. Please provide the make, model, X year, and capacity of each item of equipment. E. The names and birth dates of all employees who would perform services under the requested contract, and provide a brief description of each employee's services. F. A copy of the valid driver's license for each wrecker driver. For each driver identified, please indicate whether such driver has been convicted of a felony or misdemeanor within the past five (5) years. G. A.description or copy of the applicant's collection procedures or policies for customer charges. Section 6— Certification Upon being first duly sworn upon oath, I certify that I am authorized to execute this Application and any subsequent applications or agreements on behalf of the applicant. I further understand that if there are material omissions of information requested by this application or deliberately false answers given to questions on this application, the City may, in addition to any other remedies available at law, terminate any contract granted in reliance on this application. Printed Name: by F Pa,I Yr e-\\--' Title: Signature: U Date: - g- STATE OF KANSAS, COUNTY OF SALINE, ss: This application was subscrib sworn to, and acknowledged before me on the H' day of December, 2014, bye (n..•- as • (title) o t�__.►!•!1 . _ .k _ A _ ! -t ^ • (company name). NOTARY PUBLIC-State of Kansas ANNE �E L. T 1 „'Ai ' . A !14' r,My Appt.Exp.c'l' 17 t 'S Notary Publ v 3 • the Chief of Police in accordance with Section 18 below. Contractor shall make all necessary arrangements with approved subcontractors to remove vehicles within the Agreement's time limits and at the approved rates set forth herein. Contractor retains ultimate responsibility for compliance with all material terms of this Agreement, and the operation of this paragraph does not in any way avoid or limit Contractor's obligations under this Agreement's terms. 4. Non-Exclusive Agreement; Rotation Tow List. Contractor acknowledges and agrees that this Agreement to provide vehicle towing and storage services is non-exclusive. The City may contract with other towing and storage service providers, and, in such case, will implement a rotational procedure that fairly utilizes the services of each provider under contract with the City. City shall dispatch Contractor in accordance with the City's rotational procedure, and the City shall have absolute discretion in determining, and subsequently modifying, its rotational dispatch system. In addition, if in the opinion of the Department, an emergency exists or where Contractor or another towing service under contract with the City is unable for any reason to provide adequate or timely tow service, the Department shall have the right to call any other qualified tow service provider, which may or may not be under contract with the City. Under such circumstances, the decision to call another tow service, either under contract or not, shall be at the exclusive discretion of the Department. 5. Contractor's Storage Facilities. 5.1. Sufficiency and Location. At all times during the term of this Agreement, Contractor shall maintain a physical location sufficient to accommodate all vehicle storage required by the City hereunder, along with an office for payment of fees and vehicle releases, which shall be located within one (1) mile of the corporate limits of the City of Salina. Unless otherwise directed by the investigating officer, or the owner or driver of the vehicle (except in the case of police impoundments), all vehicles shall be towed directly to said facility for storage/impoundment. 5.2. Fenced Storage Area. Contractor's storage area shall be completely enclosed with a fence at least six(6) feet in height, which is topped with outwardly slanted 3-strand barbed wire. The exterior walls of the fenced area must be of a material sufficient in strength to deter unauthorized entry, and shall have a controlled access point that is kept locked when unattended to prohibit unauthorized access. Contractor shall maintain acceptable lighting capable of illuminating vehicles from all directions. 5.3. Enclosed Storage Area. In addition to the primary fenced storage area, Contractor shall also maintain a separate, fully-enclosed, secured storage enclosure capable of storing at least two (2) vehicles ordered impounded by the City. The City shall have sole access to the separate impound facilities when vehicles are being held for evidence. The City shall designate when a vehicle is to be placed in the inside impound storage, and any vehicle so placed shall not be removed without written authorization from the Chief of Police or the investigating officer of the Department. 5.4. Contractor Responsibility. Contractor shall be responsible for all vehicles, accessories, and equipment thereon, and all personal property therein, stored by it. It shall be Contractor's duty to protect such stored vehicles, accessories, equipment, and property against all loss, damage by fire, theft, or other causes. Contractor indemnifies and holds harmless the City 3 against all claims for damages to towed vehicles, theft of towed vehicles, and items missing from vehicles towed hereunder. 5.5. Inspection; Approval. All storage facilities must be approved for security by the Chief of Police, or his designee, and shall be made available for inspection by the City at all reasonable times upon request. Any change or substitution of Contractor's storage facilities shall be subject to the prior written approval of the City. 5.6. Signage. Contractor's place of business and storage facility shall have a sign that clearly identifies it to the public as a towing service. The sign shall have letters that are clearly visible to the public from the street adjacent to or nearest to Contractor's place of business. The sign shall indicate Contractor's twenty-four (24) hour telephone number for retrieval of vehicles in storage. 6. Personnel. 6.1. General. All personnel of Contractor shall be engaged or hired by Contractor, and for all purposes shall be employees, agents or independent contractors of Contractor, and not of the City. Contractor shall have available at all times sufficiently trained and qualified personnel to provide the services required hereunder. 6.2. Uniforms. Contractor's drivers shall be dressed in like uniforms, which shall prominently display the driver's name and Contractor's business name. 6.3. List of Drivers; City Approval. Contractor shall provide a current list of drivers, along with their respective birth dates and driver's license information, on the Effective Date. Contractor shall maintain a current list of drivers, and shall notify the City upon: (1) any change in driver status, including the addition or deletion of any drivers; or (2) any driver being convicted of a felony or misdemeanor during the term of this Agreement. Any such notification shall be provided to the City within seven (7) days of circumstances prompting such notice. No person employed as a tow truck operator for Contractor shall have access to any impounded vehicles until such time as that person has received written approval from the Chief of Police or his designee. 6.4. Primary Contact. Contractor shall designate one (1) person to serve as the City's primary contact for purposes of administering this Agreement. 7. Release of Vehicles; Business Hours; and Storage Standards. 7.1. General. Contractor is responsible for the release of all vehicles stored or impounded hereunder. When a vehicle has been impounded, Contractor shall not release such vehicle or any personal property contained therein without prior authorization (i.e., release of police hold) from the Department. Contractor shall maintain records pertaining to the any disposition of a vehicle towed hereunder, including its sale or release. 4 7.2. Contractor's Business Hours and Availability. Contractor's site for the storage and return vehicles must be open for release or appraisal of vehicles, with sufficient staffmg on site, as follows: i. On Monday through Friday, inclusive, between the hours of 7:00 a.m. and 7:00 p.m., the site must be staffed for release of vehicles at least 8 Y2 hours per day. ii. On Saturday, between the hours of 7:00 a.m. and 7:00 p.m., the site must be staffed for release of vehicles at least 3 hours per day. iii. Contractor shall not be required to staff the site on Sundays and the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. iv. At all times during which Contractor does not have staff on site for release of vehicles, Contractor must be available through a central communications service to release or provide access to vehicles. Accordingly, Contractor's business hours shall be posted in plain view to the public, and Contractor shall provide and prominently display a telephone number where a person wishing to claim a towed vehicle may notify Contractor during all hours of the day during which Contractor does not have staff on site for release of vehicles. Vehicles must be released within one (1) hour of notification, provided the claimant has made payment of all outstanding charges at the time of release and the Salina Police Department has lifted any "hold order" it may have placed on such vehicle. Contractor may charge a reasonable after-hours release fee. 7.3. Removal of Personal Property from Vehicles. Contractor shall allow removal of personal property from stored vehicles in accordance with Section 38-52 of the Salina City Code. 8. Contractor's Equipment. 8.1. Towing Equipment. Contractor shall have in operation at all times sufficient power-operated wreckers to ensure full compliance with the terms of this Agreement, including, at a minimum, one (1) flatbed (i.e., a "rollback," or a "slide") truck, fitted with a bed that can be hydraulically inclined and moved to ground level to allow the towed vehicle to be placed on it under its own power or pulled by a winch. At least one (1) wrecker must be classified as a medium or heavy duty wrecker. The balance of Contractor's wreckers may be light-duty wreckers equipped with a proper complement of dollies, chains, slings, bumpers, and other equipment necessary to prevent damage to vehicles. Each wrecker shall also be equipped with a pan and scoop shovel, a broom and receptacle for debris, a minimum 10-pound dry powder fire extinguisher, and a container filled with oil absorbent. Each wrecker vehicle shall prominently display Contractor's name on its side. 8.2. Communications Equipment. Each wrecker shall also be equipped with 5 radio or telephone equipment that is capable of maintaining continuous communications with Contractor's dispatcher. Contractor shall operate its communications equipment in accordance with all rules and regulations of the Federal Communications Commission. 9. Events of Default; Remedies. 9.1. Events of Default. The occurrence of any one or more of the following shall constitute an event of default hereunder("Event of Default"): i. A default in the performance or breach of any term, covenant, condition, or obligation contained in this Agreement. ii. If at any time any representation or warranty made by Contractor shall be incorrect in any material respect. 9.2. Remedies. Upon the occurrence of an Event of Default, the City shall have the following rights and remedies, in addition to any other rights and remedies provided under this Agreement or by law: i. The City shall have the right to terminate this Agreement. ii. The City shall have the right to suspend Contractor's rights under this Agreement, including but not limited to precluding Contractor's participation on any rotation tow list developed by the City pursuant to Section 4 above, for such period of time as may be determined by the City Manager. 9.3. Contractor's Right of Appeal. Any termination or suspension of Contractor's rights under this Agreement shall be subject to appeal to the board of city commissioners upon written notice to the city clerk received in the office of the city clerk no more than ten(10) days following notification to Contractor of such termination or suspension. 9.4. No Effect on Stored/Impounded Vehicles. The termination or suspension of this Agreement shall not affect the responsibilities of Contractor relating to stored or impounded vehicles as of the date of termination or suspension. 10. Rates and Charges. 10.1. Approved Rates. Contractor's charges for services hereunder shall not exceed those approved by the City, which are set forth in the Fee Schedule attached hereto as Exhibit A and incorporated herein by reference. Contractor shall not increase such charges, or charge for any service not listed in the Fee Schedule, without the prior written consent of the Chief of Police or his designee. All customer bills shall be itemized. 10.2. Payment of Fees. Except as agreed in writing by the Chief of Police or his designee with respect to charges arising from police impounds, all services rendered by 6 Contractor hereunder shall be charged to the owner of the vehicle towed, and the City shall not be liable for any charges arising from or related to a towing or service request hereunder. 10.3. Standby Time. Standby time may be charged at the usual hourly rate after one-half hour of continuous time at the scene of the towing hookup, but in no event shall Contractor be entitled to charge for standby time when the standby time results from circumstances caused by the Contractor (such as waiting for additional or different equipment). When an investigating officer is at the scene, he or she shall verify all standby time, to be noted on the Contractor's invoice and signed by the officer. 10.4. Accident Cleanup Fees. Routine cleanup at the accident scene is expected (see Section 3.2.v above) and included in the basic tow charge. However, in the event the accident scene requires more than fifteen (15) minutes to remove debris and fluids from the roadway, Contractor may charge the owner of the vehicle an hourly fee as set forth in the Fee Schedule, in fifteen-minute increments. 10.5. Fuel Surcharge. After this Agreement has been in effect for a period of twelve (12) months, Contractor shall be permitted to charge a $5.00 fuel surcharge in addition to the agreed upon fees and charges set forth in the attached Fee Schedule, but only if the cost of fuel, as reported by the AAA national average (regular grade gasoline or diesel), exceeds $5.25 per gallon. No fuel surcharge fees shall be permitted if the cost of fuel is below $5.25 per gallon. Prior to the implementation of a fuel surcharge, Contractor shall submit written justification and notice to the Chief of Police. Whenever fuel surcharge fees are in effect, such fees shall be included in the itemized invoice provided by Contractor. The fuel surcharge, if implemented, shall apply only to actual towing services and shall not apply to Contractor's storage, impounding, or manpower services. 10.6. Rate Posting. Contractor shall carry cards or brochures in all vehicles, which list the rates and services chargeable pursuant to this Agreement. Contractor shall provide copies of the same to the owner or operator of each towed vehicle. 10.7. Erroneous Towing or Storage. Contractor shall, at the request of the Chief of Police or his designee, waive or reduce towing and/or storage fees when it has been shown to the satisfaction of the Chief of Police that a vehicle was erroneously towed or stored. 11. Contractor's Demeanor. 11.1. Photographs. Neither Contractor nor its employees shall take photographs at the scene of any accident to which Contractor is dispatched hereunder, except for purposes of documenting damages. In no event shall Contractor publish or post such photographs in any publication, electronic media, or social networking sites. 11.2. Standard of Conduct. Contractor shall perform its obligations hereunder in an orderly, professional, legal and ethical manner. In providing services under this Agreement, Contractor shall maintain the standard of care, diligence and professional competency as is 7 customary in the industry, and shall commit itself and its employees to the highest level of integrity, professionalism, customer service and excellence, including, but not limited to, demonstrating honesty, responsiveness, functional proficiency, accurate representation, and full disclosure of information and material facts to the City. 12. Compliance. Contractor .shall be solely responsible for complying with all applicable laws, to include K.S.A. 8-1102, 8-1103, and 8-1104, the Salina City Code, and any subsequent amendments thereto, relative to the towing, removing, or storing of vehicles at the request of the City, and the sale or release of vehicles by Contractor. Contractor shall at all times maintain a current Certificate of Public Service issued by the Kansas Corporation Commission, and a minimum of four (4) trucks providing tow services and registered with the Kansas Corporation Commission. 13. Business Records. 13.1. Service Records. Contractor shall maintain records, including but not limited to invoices, pertaining to all services provided pursuant to this Agreement for a period of at least two (2)years plus the current term of this Agreement. The records shall be maintained at Contractor's place of business. 13.2. Other Records. Contractor shall also maintain business records pertaining to personnel, insurance, lien sales, and licensing. 13.3. Inspection of Records. The City may inspect and copy all Contractor's records pertaining to this Agreement without notice during Contractor's regular business hours. 14. Indemnification. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the Contractor, its employees, agents, or any tier of subcontractors in the performance of this Agreement. Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom,caused by any acts, errors,mistakes, omissions, work or services in the performance of this Agreement. 15. Insurance. 15.1. Types and Amount of Coverage. Contractor agrees to obtain insurance coverage in the manner and amounts as set forth in Exhibit B, attached hereto, and shall provide to the City promptly following the Effective Date certificates of insurance evidencing such coverage. Contractor shall maintain such referenced insurance coverage at all times during the term of this Agreement, and will not make any material modification or change from these specifications without the prior approval of the City. Each insurance policy shall include a 8 • • requirement that the insurer provide Contractor and the City at least thirty (30) days written notice of cancellation or material change in the terms and provisions of the applicable policy. 15.2. Rating; Additional Insureds. All insurance policies shall be issued by insurance companies rated no less than A- VII in the most recent "Bests" insurance guide, and licensed in the State of Kansas. All such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. With the exception of the workers' compensation policy to be obtained by Contractor hereunder, all such policies shall name City as an additional insured. The workers' compensation policy to be obtained by Contractor hereunder shall contain a waiver of all rights of subrogation against the City. If Contractor subcontracts any of its obligations under this Agreement, Contractor shall require each such subcontractor to secure insurance that will protect against applicable hazards or risks of loss as and in the minimum amounts designated herein, and name Contractor and the City as additional insureds. Failure of Contractor or its subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and shall not relieve Contractor of liability. 16. Meetings. The Chief of Police shall have the authority to call meetings with Contractor for the discussion and resolution of problems or for the discussion of mutual concerns relating to the administration of this Agreement. 17. Independent Contractor. Contractor acknowledges and agrees that the services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the City. Contractor, its employees and subcontractors are not entitled to workers' compensation benefits from the City. The City does not have the authority to supervise or control the actual work of Contractor, its employees or subcontractors, except as provided in this Agreement. Contractor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. 18. Subcontracting. Contractor shall not subcontract any work or services under this Agreement without the City's prior written consent of the Chief of Police. 19. Feminine-Masculine, Singular-Plural. Wherever used, singular shall include the plural,plural the singular,and use of any gender shall include all genders. 20. Headings. The headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof. 21. Applicable Law; Venue. This Agreement and its validity, construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be in the Saline County,Kansas District Court. 22. Non-assignable. Due to the unique qualifications and circumstances of the parties, neither the rights nor responsibilities provided for under this Agreement shall be assignable by either party,either in whole or in part. 9 23. Interpretation. This Agreement shall be interpreted according to its fair meaning, and not in favor of or against any party. 24. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid,or illegal. 25. Time. Time is of the essence of this Agreement. No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday, that termination time shall extend to 5:00 p.m. of the next full business day. 26. Persons Bound. This Agreement shall extend to and bind the heirs, executors, administrators,trustees, and successors of the parties hereto. 27. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, or in multiple originals, and all such counterparts or originals shall for all purposes constitute one agreement. 28. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt, but if the receipt is not returned within five (5) days, then three (3) days after mailed, if sent by registered or certified mail or commercial courier service; or the next business day, if sent by overnight air courier service. Notices shall be addressed as appears below for each party,provided that if any party gives notice of a change of name or address,notices to the giver of that notice shall thereafter be given as demanded in that notice. "CITY" "CONTRACTOR" City of Salina ATTN: City Manager 300 Ash Salina,KS 67401 Salina,KS 67401 29. Typewritten or Handwritten Provisions. Typewritten or handwritten provisions inserted or attached shall supersede all conflicting printed provisions. 30. Amendments. Neither this Agreement nor any of its terms may be changed or modified, waived, or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change, waiver, or termination is sought. 31. Authority and Consent to Transaction. Each party represents to the other that the person executing this Agreement has full and legal authority to bind such party to the terms of this Agreement, and that the execution and delivery of this Agreement have been duly and validly authorized by the governing bodies of each party. 10 32. Waiver; Remedies. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement,but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 33. No Third Party Beneficiaries. Solely the parties hereto shall have rights and may make claims under this Agreement. There are no intended third party beneficiaries under this Agreement, and no third parties shall have any rights or make any claims hereunder. 34. Attorney Fees. If any suit or action is instituted by either party hereunder, including all appeals,the prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party, in addition to any other amounts to which it may be entitled. 35. Merger Clause. These terms are intended by the parties as a complete, conclusive and final expression of all the conditions of their Agreement. No other promises, statements, warranties, agreements or understandings, oral or written, made before or at the signing thereof, shall be binding unless in writing and signed by all parties and attached hereto. Any amendment to this Agreement, including an oral modification supported by new consideration, must be reduced to writing and signed by both parties before it will be effective. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized officers on the day and year first above written. CITY OF SALINA, SAS By: 2 J on Gage,City anager By: Name: Title: 11 EXHIBIT A FEE SCHEDULE Towing: Accident and Impound Automobiles and Pickups(up to 12M) Light Duty - $125.00 Motorcycles Light Duty $100.00 12M Trucks-24M Trucks Medium Duty $150.00 26M Trucks—85M Trucks Heavy Duty $250.00 8M— 12M Trailers Medium Duty $150.00 Over 12M Trailers Heavy Duty $250.00 Storage/Impound Fees (per day) Light Duty Outside/Inside $45.00/$75.00 Medium Duty Outside/Inside $50.00/$80.00 Heavy Duty Outside/Inside $75.00/$125.00 Mileage(Outside City Limits) Portal to Portal Light Duty Unloaded/Loaded $1.00/$5.00 Medium Duty Unloaded/Loaded $1.25/$6.00 Heavy Duty Unloaded/Loaded $1.50/$7.00 Other Services After Hours Release(after normal operating hours) $35.00 On-Site Release(already off ground) $50.00 Driveline removal Light Duty $25.00 Medium Duty $35.00 Heavy Duty $50.00 Winching(1/2 hour minimum) Light Duty $80.00/hr Medium Duty $125.00/hr Heavy Duty $250.00/hr Scene Cleanup Hourly rate $80.00/hr (if applicable after first 15 minutes) Dolly/Go-Jacks $60.00 Service Call Minimum $50.00 Labor Hourly $80.00/hr Standby Time(if applicable after first 30 minutes) Hourly $80.00/hr 12 • EXHIBIT B INSURANCE REQUIREMENTS A. GARAGE LIABILITY. Protection limits of at least $500,000 Combined Single Limits, bodily injury and property damage. Policy must include the following: 1. Premises &Operations Liability; 2. Products &Completed Operations; 3. All Owned, Hired and Non-Owned Autos; and 4. Garage keeper's Legal Liability including: a. Comprehensive; b. Collision; c. Towing(On-Hook); and d. $75,000 Limit per Garage Location. B. COMMERCIAL GENERAL LIABILITY. Protection limits of at least $500,000 Combined Single Limits, bodily injury and property damage. Policy must include the following: 1. Premises &Operations Liability; 2. Products&Completed Operations. C. BUSINESS AUTOMOBILE LIABILITY. Protection limits of at least $500,000 Combined Single Limits, bodily injury and property damage. Policy must include coverage for all scheduled,hired and non-owned autos garage keeper's legal liability including: 1. Comprehensive; 2. Collision; 3. Towing(On-Hook); and 4. $75,000 Limit per Garage Location. D. WORKERS' COMPENSATION. Protection against all claims under applicable state workers' compensation laws. Contractor shall also maintain coverage for claims for injury, disease or death of employees for which, for any reason, may not fall within the provisions of workers' compensation law. The policy limits shall not be less than the following: 1. Workers' Compensation: Statutory; and 2. Employers Liability: a. Bodily Injury by Accident: $100,000 Each Accident; b. Bodily Injury by Disease: $500,000 Policy Limit; and c. Bodily Injury by Disease: $100,000 Each Employee. 13 Palmer Truck & Trailer Repair 2700 N 5th St Salina KS 67401 785-825-2607 STATEMENT OF QUALIFICATIONS Palmer Truck & Trailer Repair was established in February 1993 in Saline County, KS to serve the trucking community with knowledgeable and experienced service. Over time, customers asked for the added service of towing disabled and damaged vehicles to be added to our provided services. Roy Palmer began attending towing seminars to gain knowledge on the fundamentals of towing and recovery. Investments were made in trucks capable of towing and recovering vehicles from a motor scooter up to a loaded truck and trailer. In 2002, Palmer's became a part of the towing rotation for Saline County and the City of Salina. A portion of Roy's motivation was to raise the bar for all towing companies response time. He heard many complaints by drivers, as well as officers, on the slow response times to an incident. Drivers were trained and sufficient equipment was obtained to meet the demands of the requests. Our drivers arrived within specified time constraints, treated people courteously, and clean up was done acceptably. Our time on rotation showed that we are capable of the skill and experience necessary to do the job. With our years of experience, moving customer's vehicles as if they were "our own", became a common way of doing our job. Palmer has invested in a fully enclosed storage lot with a privacy fence that will meet specifications. There is a semi-trailer that can be used to secure vehicles to preserve evidence. We are willing to change certain policies and practices for the improvement of customer service. Palmer Truck & Trailer Repair will strive to maintain the standards and quality of service that the city requests to comply with the terms of this contract. We agree to abide by all covenants and recitals herein. • • ATTACHMENT B Palmer Truck & Trailer Repair has a shop with 2 drive thru bays. If a truck/trailer combo needs to be stored indoors, we have that capability. Also, 2-3 cars can be kept in a bay, so there is capacity for that. Palmer's also has a semi trailer in which a vehicle can be locked away in to preserve evidence. Police would have access to it when necessary. There is an enclosed storage lot which meets specifications to • secure customer's vehicles. • Our business hours are Monday-Friday 8 AM to 5 PM. On Saturday, the office will be open from I OAM to 1 PM. Hours will be posted clearly. Staff is available 24 hours a day to work as our phones are always answered by an employee. • • • • • • • • • • • • • ATTACHMENT C . • • • Security at Palmer Truck &Trailer Repair is important. Our secured storage lot has 3 outward facing strands of barb wire'around the entire fence. There is one access point which is kepti. cked unless a staff member is present. This gate is also visible to the office personnel. Only authorized-employees are allowed in the lot and will be accompanying an customer entering the gate. Lighting will be present as well as security cameras. There will be at least one semi trailer available to store an impounded vehicle in. This trailer will make . perfect storage conditions for evidence protection against people, weather, and other outside influences. An inventory sheet will be completed for valuables left in a car. If necessary, indoor storage for belongings is available for added security. When a.key is available for a stored vehicle, all doors are locked. • We check the identities of those attempting to claim a vehicle. A car will not be released to anyone other than the registered owner without:certain conditions being met. We require a notarized letter from the owner with proof of ownership and specific instructions of who we may release their car to. That person-is then.required to prove their identity. Attempts have been made in the past to get a car released without the owner's permission, and have found this policy covers that problem. • • • • • • • • • • • ATTACHMENT D OUR EQUIPMENT IS AS FOLLOWS: *2014 Western Star 35 ton heavy duty wrecker *1994 Freightliner 25 ton heavy duty wrecker *2002 GMC C6500 21' rollbed wrecker— 5 ton *2000 IHC 4700 21' rollbed wrecker—5 ton ATTACHMENT E EMPLOYEES PROVIDING SERVICES Roy F Palmer, dob 07/30/61 Jacob D Palmer, dob 02/01/86 Steven J Carlson, dob 09/23/86 Joyce A Palmer, dob 03/17/63 Office personnel DUTIES OF OUR DRIVERS • Tow vehicles for private individuals, multiple motor clubs, and repair shops, and dealerships. • Maintain cleanliness of their trucks. • Do daily inspections of their trucks. • Keep vehicles stocked with necessary supplies. • Interact with our customers daily and project our professional attitude and actions that bring new customers into our business. . , , t ; . 1 1 ! . , i.. . . .. I ..: :.... 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'.:'' .'7.-` - ' ,,. .41S14b14e:nig,,. .•:•"...- •••4‘.. ..!•$.4.:4:.-, ...'i•/2?..lb••: .. • " Fg,i13,..-,:-.•vo?.. ,,12..,7,-..., ...,..)-. .• .: ..- \.i. ,.:.:./-"• ,,,-.;.„. .::-,3T:■p:--i..-AYii,--• ;05:'iI),-' '"..e'..41-i'.,1'.;749.2ji§$0.—..--il:-:', t:--:.:0(1;!, 62.013../p.se:•Y!;',..A.. •• ..,y,.J..7:-.52..„.....d.,,,,,.;‘..5:-.:.,... ....: • ...„,..„..._._.1.4_..... . I „ ,_:,:.:........,,-/4.;,::,.•• .,., 14?62m2023 /i.,-IC•'r 411"••••;''r'''....ii,•.,'('' . . . . '.- ,..:• .. .....A:,L',. ..;:,'P'L.•%:'•:),%•..':,:•,: s,l, ••...S.: ., . . • . • • . . . • • . • . . . . • . • . . . • . . .. . . • . . . . , • . . • • . . , • . . . • . • . . • . .. • • . . . . . " • . . . , . • . . • . • . ' . ' . . . - •. . . . • . ....I . . . , . . • . • • . • • • . . . . - • . • • . . . . • • .. . . • • .. . .. . .. . . • . . . . . . . . , • . • • . ■ • . . • . i. . . • • • , ATTACHMENT F Roy Palmer has been convicted of misdemeanors in the Saline County courts within the past 5 years. ATTACHMENT G COLLECTION PROCEDURES Palmer Truck & Trailer Repair will follow all pertinent statutes by the State of Kansas, Saline County, and the City of Salina. The attached printout from Chapter 8,Article 11 of the KS statutes clearly defines the rules for disposing of a vehicle kept in our storage lot. As far as those cars and trucks being moved elsewhere, the accumulated fees must be paid with an approved form of payment or charge arrangements been made. We have charge accounts for all the major repair facilities in town. Those not set up to charge with us do write a check at the time we deliver a customer's vehicle. 0 Date: 12/18/2015 Time: 4 : 19 PM From 785-625-8388 Insurance Planning Page: 0 01 Aco CERTIFICATE OF LIABILITY INSURANCE (MMIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. . IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: • Insurance Planning, Inc. (MC,No,Ertl: 785.625.5605 x821 FAX No):785.625.8388 E-MAIL 3006 Broadway Avenue ADDRESS: PRODUCER P. O. BOX 100 CUSTOMER ID 0: Hays KS 67601 INSURER(S)AFFORDING COVERAGE NAIL* INSURED INSuRERA N 1d-Continent Casualty Company • INSURER B:Travelers Palmer Truck & Trailer Repair . INSURER C: DBA: Roy_F. Palmer dba. INSURER D:• 2700 N. 5th INSURERE: • Salina KS 67401 INSURER F: COVERAGES CERTIFICATE NUMBER:15/16 Certificates REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR f() (MMIDDIYYYY) (MMIDDIYYYY) GENERAL LIABILrTY 06GL000920515 01/08/2015 01/08/2016 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(a oau D nce) $ 100,000 • A CLAIMS-MADE X OCCUR MED EXP(My one person)_$ excluded PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,D00,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ .2,000,000 I POLICY n JECT LOC $ AUTOMOBILE LIABILITY 04CA002799612 01/08/2015 01/08/2016 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ A ALL OV,TdED AUTOS - BODILY INJURY(Per accident) $ X SCHEDULED AUTOS PROPERTY DAMAGE X H IRED AUTOS (Per accident) $ X NON-OWNED AUTOS $ X On Hook Coverage A $ UMBRELLA LIAB _OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ - RETENTION $ $ WORKERS COMPENSATION 2E680059 01/16/201501/16/2016 'ACSTATU- 0TH- - AND EMPLOYERS'LIABILITY J - Y TORY LIMITS ER ANY PROFRIETOR/PARTNERIEXECUTIVE N/A - E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in H)EXCLUDED? OWNERS ARE INCLUDED E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A SEE ATTACHED 04Ii!f58879 01/08/2015 01/08/2016$25,000 Limit $225,000 Limit DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) • COI @salina.org - email certificate CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Salina PO Box 736 Salina, KS 674020736 AUTHORIZED REPRESENTATIVE Kathy Caspez/CASPKA • ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(200909) The ACORD name and logo are registered marks of ACORD 12/18/15 05:25 PM INSURANCE PLANN Page 1 Palmer Truck & Trailer Repair 2700 N 5`" St Salina KS 67401 785-825-2607 EQUAL OPPORTUNITY EMPLOYMENT Equal Employment Opportunity is a fundamental principle at Palmer Truck & Trailer Repair. Employment at our establishment is based upon personal capabilities and qualifications without regard to race, color, religion, sex, age, national origin, disability, veteran or military status, pregnancy, citizenship, sexual orientation, genetic information, or any other protected characteristic or conduct as established by law: This policy of EEO applies to all policies and procedures relating to recruitment and hiring, compensation; benefits, termination, and all other terms and conditions of employment. Palmer Truck & Trailer Repair is committed to complying with all applicable local, state, and federal laws, providing employment opportunities and • creating a work environment that is free of discrimination and harassment. We will not tolerate discrimination or harassment in the the workplace based on a protected characteristic at any time. This commitment applies to all • persons involved with Palmer Truck & Trailer Repair, which includes all employees, customers, contractors, or vendors that work with us. In addition, Palmer Truck & Trailer Repair prohibits retaliation against any individual who reports discrimination or harassment, or who participates in an investigation of such a report. Retaliation is asserious violation of this policy, and like harassment or discrimination itself, may result in disciplinary action, up to and including termination. Any employee who has any questions regarding Palmer's EEO policy, who feels that the policy has been violated, or who feels that he or she has been discriminated against, harassed, or treated unfairly as a result of being in any • of the categories specifed above is encouraged and expected to immediately bring the matter directly to the attention of a manager or owner so that the matter may be investigated. Do not wait to complain. We need to address these situations as a matter.of priority. The first time you believe improper conduct in violation of this policy has occurred, you should make your concerns known to one of these members of management. Any reported allegations of harassment, discrimination, or retaliation will be investigated promptly and impartially. The investigation may include individual interviews with the parties involved, and where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge. There is no guarantee of absolute confidentiality with respect to any complaints of harassment, discrimination and/or retaliation. However, confidentiality will be maintained throughout the investigatory process to the extent reasonably necessary to investigate and take appropriate corrective action. Appropriate disciplinary action, up to and including termination, may be taken against any employee who violates this policy. • •