R-1113 - 07/26/2011 - AGREEMENT - ResolutionsRESOLUTION 2011- AG -EX1 -R -1113
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION
OF A TOWING SERVICES AGREEMENT BY AND BETWEEN
THE VILLAGE OF OAK BROOK AND JIM'S TOWING SERVICE
WHEREAS, the Village and Jim's Towing Services, Inc. ( "Jim's Towing ") desire to execute an
agreement for the provision of certain towing services to the Village ( "Towing Services Agreement "); and
WHEREAS, the President and Board of Trustees have determined that it is in the best interests of
the Village to enter into the Towing Services Agreement in substantially the form attached to, and by this
reference incorporated into, this Resolution as Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of the Towing Services Agreement. The President and Board of
Trustees hereby approve the Towing Services Agreement by and between the Village and Jim's Towing
in a form substantially the same as attached to this Resolution as Exhibit A and in final form acceptable to
the Village Manager and the Village Attorney.
Section 3: Authorization and Execution of the Towing Services Agreement. The Village
President and Village Clerk shall be, and hereby are, authorized to execute the final Towing Services
Agreement on behalf of the Village.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
APPROVED THIS 26'h day of July, 2011
Gopal G. Lalmalani
Village President
PASSED THIS 26th day of July, 2011.
Ayes: Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis
None
Absent: None
ATTEST,
Charlotte K. Pruss
Village Clerk
Resolution 2011- AG -EXI -R -1113
Approving and Authorizing the Execution
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EXHIBIT A
TOWING AGREEMENT (Jim's Towinq Services. Inc.)
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VILLAGE OF OAK BROOK
TOWING SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this a V11-day of - malt
2011 by and between the Village of Oak Brook, a Municipal Corporation of the State of Illinois,
hereinafter referred to as "Village" and )o !c, `�QIloiek;Tw ereinafter referred to
as "Contractor".
(To be completed by the Village upon award of contract)
WHEREAS, Contractor represents to the Village that Contractor has the expertise and is
qualified to perform the services described in the Agreement.
Now, therefore, in consideration of the mutual promises and obligations set forth herein,
the parties hereto agree as follows:
1. The foregoing preambles are restated and incorporated herein by reference as a
substantive part of this First Amendment as though fully set forth herein.
2. Contractor shall provide vehicle towing, storage and impounding services for all
vehicles when requested by the Village. Many of the vehicles to be towed will have become
disabled due to motor vehicle accidents. There will also be a number of service calls relating to
stolen vehicle recoveries, the arrest of the vehicle driver, abandoned vehicles, vehicles required
for evidentiary purposes and others. Village vehicles may also be towed from time -to -time.
3. RESPONSE TIME: Except for off -road or out -of- Village vehicle recoveries, the
Contractor shall respond with the proper equipment to the subject location within 15 minutes
after receiving Village's request for service.
4. SITE CLEAN UP: The Contractor shall promptly and thoroughly clean up debris
at the scene of accidents, including all vehicle parts and any other matter left in the roadway as
a result of the accident. All clean up shall be to the satisfaction of any officer on scene.
5. RELEASE OF VEHICLES: Prior to releasing any vehicle, Contractor shall require
the person or company requesting possession to present a copy of a picture identification
verifying ownership of the vehicle as indicated on the police report. No vehicle shall be released
without the written authority of the Village's Police Department via the official tow release.
6. RELEASE OF PERSONAL PROPERTY: Upon presentation of a picture
identification verifying ownership of the vehicle or written notarized authorization from the
owner, if the property is being sought by an agent of the owner, Contractor shall allow vehicle
owners or their agents to recover personal property from the vehicle at any time during normal
business hours and shall not require payment of any fee or charge prior to or as a condition of
such release. If the owner is incapacitated, the written authorization from the owner's adult next
of kin may be substituted for the notarized signature of the vehicle owner.
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7. NO OTHER CONDITIONS OF RELEASE: Except as listed herein, Contractor
shall not require any other documentation as a condition of or prior to release of vehicles or
personal property nor impose any other requirements to prevent owners or their agents from
obtaining possession of their vehicle or personal property.
8. NON DISCRIMINATION: Contractor shall comply with other applicable Village,
State and Federal laws, rules and regulations, including the Americans with Disabilities Act.
9. LICENSES: Contractor shall maintain in current status all
Federal, State and local licenses and permits required for the operation of the
business conducted by the Contractor as application to this contract.
10. USE OF ANOTHER TOW SERVICE: Contractor agrees and
understands that requests by motorists for another tow service will be honored if
the officer determines that the request is reasonable. The purpose of this
Agreement is to provide towing service for those motorists who do not have a
specific request for another tow service or are incapable of making such a
request due to injuries or for other reasons.
11. EXPANSION OF BOUNDARIES: Village may occasionally
request service outside the Village limits for stolen vehicle recoveries or other
reasons. When such service is requested, Contractor is permitted to add the "per
mile" rate for the distance from the recovery site and back to the Village limits.
12. ADVERTISING, PUBLISHING AND PROMOTION OF
AGREEMENT: Contractor shall not use, advertise or promote information for
commercial benefit concerning this Agreement without the prior written approval of
Village.
13. COMPLIANCE WITH APPLICABLE LAWS: Contractor shall
comply with all applicable Federal, State and local laws and with all applicable
license and permit requirements.
14. ACCEPTABLE PERFORMANCE: Contractor's performance is
subject to review and approval by the Village.
15. REQUIRED PERSONNEL, EQUIPMENT AND FACILITIES
A. Equipment. The tow trucks shall have current inspection and certification by the
Illinois Department of Public Safety and shall maintain the certification throughout the
term of the Agreement. Contractor must be capable of responding and providing
service for any vehicle up to a minimum gross vehicle weight of 25,000 pounds.
B. Minimum Equipment Requirements. Contractor shall have sufficient number of
vehicles to respond to Village's peak demand of three (3) accidents simultaneously.
Contractor shall have a minimum of six (6) operational tow vehicles at all times. The
tow trucks shall be equipped with the proper complement of dollies, chains, slings,
bumpers and other equipment necessary to prevent damage to towed vehicles. Tow
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trucks shall also be equipped with brooms, shovels, oil absorbent material and other
necessary equipment to clean up the site after removal of the vehicles.
C. Substitute Equipment Requirements. If any of Contractor's equipment is out of
service, Contractor shall be responsible for acquiring substitute equipment sufficient
to provide timely service on demand under this Agreement. Such substitute
equipment shall be considered Contractor's equipment for the purposes of this
Agreement and be operated by personnel of Contractor.
D. Truck Identification. Tow trucks shall have Contractor's name and telephone
number in letters a minimum of three (3) inches in height on both sides of the
vehicle.
E. Communications Equipment Requirements. Contractor shall have the ability to
communicate with drivers via radio, mobile telephone, or other like equipment so
that the Village's Police Department Communications Department shall have the
ability to communicate with the driver through 'Contractor's dispatch center as the
driver responds to a call. Contractor must be available by phone to the Police
Department 24 hours a day, 7 days a week.
Personnel Minimum Requirements. Contractor shall have available at all times
sufficient qualified personnel to operate the number of tow trucks necessary to
provide timely service. Such personnel shall be employees of Contractor. Each
driver shall be properly licensed with correct class license as required by the Illinois
Secretary of State. It shall be Contractor's responsibility to ensure that all drivers
maintain current licenses during the Agreement term.
16. DRIVER CONTACT: All drivers shall operate the tow trucks in a safe and prudent
manner and' shall refrain from using profane or vulgar language in a public area while
performing work under this Agreement. Contractor shall prohibit the use of intoxicating
substances by all tow truck drivers and ensure that they do not either use or possess illegal
drugs while in the course of performing their duties under this Agreement. Employees of
Contractor who normally and regularly come into direct contact with the public shall be in a
reasonably clean uniform that, at a minimum, identifies the name of the tow company and the
individual. Contractor shall be fully responsible for drivers' actions.
17. STORAGE FACILITIES:
A. Lot Location. The Contractor's storage facility shall be located within an five (5) mile
radius of the geographical boundaries of the Village of Oak Brook. The storage
facility must meet all applicable village, state and federal requirements. Vehicles
shall be stored in the storage facility until released to the owner or other authorized
agent.
B. Location Prohibition. The storage facility shall not be located within a wrecking yard
that is in the business of dismantling vehicles.
C. Fencing. A fence of a minimum of six (6) feet in height is required. The fence may
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be constructed from chain link, masonry, wood or equivalent as permitted by the
appropriate building and zoning regulations. Barbed wire or razor wire may be
provided at the top of the fence around the storage facility if permitted by law.
D. Lighting. The storage area shall be sufficiently well lit.
E. Security. The fenced storage facility shall be locked when unattended. The
Contractor shall be responsible for the safe keeping of vehicles towed and for items
left in stored vehicles. All vehicles shall be kept within the fenced storage area until
released to the owner or authorized agent. Access to the storage facility shall be
limited to the Contractor's employees or individuals with a legitimate interest in
vehicles being stored. All individuals must be accompanied by an employee of
Contractor. The storage lot shall be dedicated to the storage of vehicles towed and
stored by Contractor.
F. Size. Contractor shall have sufficient space in the storage facility dedicated to the
storage of vehicles stored pursuant to this Agreement.
G. Storage Lot Availability. Contractor shall staff its vehicle storage facility twenty -four
(24) hours each day of the week. In the event that exigent circumstances do not
allow twenty -four (24) hour staffing in isolated and short term time periods, the
Contractor shall prominently post at the storage location a phone number for release
of vehicles.
18. REQUIRED RECORDS: Contractor shall maintain adequate records of every
vehicle towed at the request of the Village under the agreement showing the following:
A. Location of vehicle pick up
B. Location where vehicle taken
C. Date and time of the tow
D. Make, model and year of the vehicle
E. License number and state
F. Vehicle identification number
G. Name of person or business to whom vehicle released
H. Itemized tow and storage billing statements
19. INSPECTION OF FACILITY AND EQUIPMENT: Contractor shall permit and
make available for inspection all of its facilities and equipment by Village upon reasonable
notice and during normal business hours.
20. ALLOWED CHARGES: For all services provided under this Agreement,
Contractor may charge vehicle owners only those fees set forth herein at the rates and in the
amounts listed in the Price Sheet attached hereto as Exhibit A and incorporated herein by
reference.
21. FLAT RATE PER TOW FEE: CONTRACTOR may charge vehicle owners the
Flat Rate Per Tow. This fee covers all towing services 24 hours per day including weekdays,
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weekends and holidays. The flat rate per tow fee includes all costs for hookups, winching,
preparation to tow, cleanup of debris, stand -by time, use of dollies when necessary, drive line
dropping, all labor incurred in the first hour, mileage, sealing of windows if necessary, the first
24 hours of storage, and delivery to the public roadway for subsequent tow if necessary. The
allowable flat rate per tow fee is a flat rate for vehicles up to and including 25,000 lbs.
22. HOURLY RATE: Contractor shall charge the rate shown in Exhibit A (Bid
submitted by Jim's Towing Services, Inc.
23. EXTRAORDINARY RECOVERIES: With prior written approval from the officer on
the scene, Contractor may charge an additional hourly fee for extraordinary recoveries, i.e., lake
recoveries, canals, swimming pools, etc. This fee will be in addition to the flat rate per tow fee.
24. MILEAGE: Contractor shall not charge a "cost per mile" tow charge when the tow
is made to the Contractor's storage facility. Contractor may charge the mileage charge shown
on Exhibit A only when: (1) the owner or agent requests that the vehicle be towed to a location
other than Contractor's storage facility; or (2) when a vehicle is towed from outside the Village
limits and then only for the mileage from the point of pick up to the Village limits.
25. PAYMENT BY VEHICLE OWNERS: All payments, except for vehicles towed for
evidentiary purposes, will be the responsibility of the vehicle owner and not Village. For
vehicles towed or stored for evidentiary purposes, the Village shall pay Contractor at the rates
shown on Exhibit A.
26. METHOD OF PAYMENT: Contractor shall and hereby agrees to accept all
reasonable forms of payment from vehicle owners, including, but not limited to, cash, credit
cards, debit cards, cashier's or certified checks, money orders.
27. TERMINATION FOR CONVENIENCE: Village reserves the right to terminate
this Agreement or any part thereof for its sole convenience for any reason or for no reason at
all. Contractor expressly waives any and all claims of any nature whatsoever against the
Village, its officers, agents and employees in the event that the Village elects to cancel this
Agreement. In the event of such termination, Contractor shall continue to provide storage
services for those vehicles already in their possession at the rates and for the allowable
charges listed in Exhibit A but Village will not request towing, storage or other services for any
additional vehicles.
28. CONTINUATION OF PERFORMANCE THROUGH TERMINATION: Contractor
shall continue to perform, in accordance with the requirements of this Agreement, up to the
date of termination, as directed in the termination notice.
29. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall
defend, indemnify and hold harmless the Village, its President and Trustees, appointed boards
and commissions, officials, officers, employees individually and collectively; from and against all
losses, claims, suits, actions, payments and judgments, demands, expenses, damages,
including consequential damages and loss of productivity, attorney's fees, defense costs, or
actions of any kind and nature relating to, arising out of, or alleged to have resulted from
Contractor's work or services. Contractor's duty to defend, hold harmless and indemnify the
Village, its President and Trustees, appointed boards and commissions, officials, officers,
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employees shall arise in connection with any claim or amounts arising or recovered under
Worker Compensation laws, damage, loss or expenses relating to, arising out of or alleged to
have resulted from any acts, errors, mistakes, omissions, work or services in the performance of
this Agreement including any employee of Contractor anyone directly or indirectly employed by
them or anyone for whose acts Contractor may be liable, regardless of whether it is caused in
part by a party indemnified hereunder, including the Village. It is the intention of the Parties to
this Agreement that the Village, its President and Trustees, appointed boards and commissions,
officials, officers, employees, individually and collectively, are to be indemnified against their
own negligence unless and except their negligence is found to be the sole cause of the injury to
persons or damages to property. The amount and type of insurance coverage requirements set
forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph.
30. INSURANCE — Certificates of Insurance shall be presented to the Village within fifteen
(15) days after the receipt by the contractor of the Notice of Award and the unexecuted
contract, it being understood and agreed that the Village will not approve and execute the
contract until acceptable insurance certificates are received and approved by the Village.
Each contractor performing any work pursuant to a contract with the Village of Oak Brook
and each permittee working under a permit as required pursuant to the provisions of Title 1
of Chapter 8 of the Code of Ordinances of the Village of Oak Brook (hereinafter referred to
as "Insured ") shall be required to carry such insurance as specified herein. Such contractor
and permittee shall procure and maintain for the duration of the contract or permit insurance
against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work under the contract or permit, either by the
contractor, permittee, or their agents, representatives, employees or subcontractors.
A contractor or permittee shall maintain insurance with limits no less than:
A. General Liability - $2,000,000 combined single limit per occurrence for bodily injury,
personal injury and property damage, provided that when the estimated cost of the
work in question does not exceed $25,000, the required limit shall be $1,000,000;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for
bodily injury and property damage;
C. Worker's Compensation and Employer's Liability - Worker's Compensation limits as
required by the Labor Code of the State of Illinois and Employer's Liability limits of
$1,000,000 per accident.
Any deductibles or self- insured retention must be declared to and approved by the Village.
At the option of the Village, either the insurer shall reduce or eliminate such deductible or
self- insured retention as respects the Village, its officers, officials, employees and
volunteers; or the Insured shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses to the extent of such deductible or
self- insured retention.
The policies shall contain, or be endorsed to contain, the following provisions:
D. General Liability and Automobile Liability Coverage -
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(1) The Village, its officers, officials, employees and volunteers are to be covered
as additional insureds as respects: liability arising out of activities performed
by or on behalf of the Insured; premises owned, occupied or used by the
Insured. The coverage shall contain no special limitations on the scope of
protection afforded to the Village, its officers, officials, employees, volunteers, or
agents.
(2) The Insured's insurance coverage shall be primary insurance as respects the
Village, its officers, officials, employees, volunteers and agents. Any insurance
or self- insurance maintained by the Village, its officers, officials, employees,
volunteers or agents shall be in excess of the Insured's insurance and shall not
contribute with it.
(3) Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the Village, its officers, officials, employees, volunteers or
agents.
(4) The Insured's insurance shall apply separately to each covered party against
whom claim is made or suit is brought except with respect to the limits of the
insurer's liability.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its officers,
officials, employees, volunteers and agents for losses arising from work
performed by the insured for the Village.
Each insurance policy shall be endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in limits except after thirty (30)
days prior written notice by certified mail has been given to the Village. Each insurance
policy shall name the Village, its officers, officials and employees, volunteers and agents as
additional Insureds. Insurance is to be placed with insurers with a Best's rating of no less
than A: VII.
Each Insured shall furnish the Village with certificates of insurance and with original
endorsements effecting coverage required by this provision. The certificate and
endorsements for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The certificates and endorsements are to be on
forms approved by the Village and shall be subject to approval by the Village Attorney
before work commences. The Village reserves the right to require complete, certified
copies of all required insurance policies, at any time.
Each insured shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
31. This Agreement shall not be assigned by either party without the express written consent
of the parties, which consent may be withheld, in the sole discretion of the other parties.
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32. This Agreement may not be amended except pursuant to a written instrument signed by
the parties.
33. If any one or more of the provisions of this Agreement shall be held by a court of
competent jurisdiction in a final judicial action to be void, voidable or unenforceable, then
this entire Agreement shall be null and void.
34. This Agreement is binding upon the successors and assigns of the parties.
35. The waiver by either party of any breach or violation of any provision of this Agreement
shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or
violation of the same or any other provision of this Agreement.
36. This Agreement contains the entire understanding between the parties with respect to
the subject matter herein. There are no representations, agreements or understandings
(whether oral or written) between or among the parties relating to the subject matter of
this Agreement except those fully expressed herein.
37. This Agreement creates no rights, title or interest in any person or entity whatsoever
(whether under a third party beneficiary thereof or otherwise) other than the parties.
38. This Agreement may be executed in counterparts. Facsimile signatures shall be
sufficient.
39. Under no circumstances shall this Agreement be construed as one of agency,
partnership, joint venture or employment between the parties. The parties shall each be
solely responsible for the conduct or their respective officers, employees and agents in
connection with the performance of their obligations under this Agreement.
40. Each of the parties to this Agreement represents and warrants that it has the full right,
power, legal capacity and authority to enter into and perform its respective obligations
hereunder and that such obligations shall be binding upon such party without the
requirement of the approval or consent of any other person or entity in connection
herewith.
41. Statutory Provisions: The Contractor shall comply with the provisions of the
Employment of Illinois Workers on Public Works Act, 30 ILCS 570/0.01, et seq.; the Drug
Free Workplace Act, 30 ILCS 580/1, et seq.; the Human Rights Act, 775 ILSC 5/1 -101,
et seq.; and the Prevailing Wage Act, 820 ILCS 130/0.01, et seq.; the Veterans
Preference Act, 330 ILCS 55.0.01 et seq.; but nothing herein shall require the application
of those Acts unless required by state law.
42. Litigation/Venue. All disputes between Village and the Contractor shall, at the election
of either party, be the subject of a civil suit. Venue for any such suit shall be in the
Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois.
43. Notice or other writings which either party is required to, or may wish to serve upon the
other party in connection with this Agreement shall be in writing and shall be delivered
personally or sent by registered or certified mail, return receipt requested, postage
prepaid, addressed as follows:
RnOMW 2011.
Apprmdng .nd Aulh b ft 0b EMM"
Or 0% Tow" $• vlom Agroemwd with JM►TM6* SWOM
pop 11 Of 12
The Village of Oak Brook
Attention: Village Manager
1200 Oak Brook Road
Oak Brook, Illinois 80523
I -- MI
44. This Agreement constitutes the entire Agreement of the parties and supersedes all
previous Agreements whether written or oral.
•_ 1 ..
For the Contractor.
t
•. A-tA r
V , Pr;.nted Name
Village Clerk
Attest if Corporation:
ZEAL OF r.
COD
PAted Name
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Resolution 2011 -
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The Village of Oak Brook
Attention: Village Manager
1200 Oak Brook Road
Oak Brook, Illinois 60523
44. This Agreement constitutes the entire Agreement of the parties and supersedes all
previous Agreements whether written or oral.
For the Village of Oak Brook: For the Contractor:
President
Date:
Attest:
By:
iigilature
Printed Name
Date: — e--2 — y"lo/ /
Village Clerk
Attest if Corporation:
SEAL
cretary
CTT.r� i SSAiyc
Printed Name