REQUESTS FOR BIDS

CITY TOWING CONTRACT

(THIS IS NOT AN ORDER)

CITY OF GREAT FALLS GREAT FALLS, MONTANA

Sealed bids will be received by the City of Great Falls at the office of the City Clerk, #2 Park Drive South, P.O. Box 5021, Great Falls MT 59401 until 3:00 p.m., Friday, May 18, 2012. Bids will then be opened at 3:00 p.m., May 18, 2012 in the Administrative Conference Room 217, located in the Civic Center.

BIDDER'S CHECKLIST

1) Mark the lower left corner of your envelope as follows:

BID: City Towing Contract OPEN: Friday, May 18, 2012 @ 3:00 p.m.

2) Quote all prices F.O.B., Great Falls, Montana.

3) Complete and return, with your bid, the attached Affidavit of Non-Collusion, signed and notarized. Faxed copies will not be accepted.

4) Enclose a bid security in an amount equal to 10% of the total amount bid, see paragraph 1 of the General Conditions. Faxed copies will not be accepted.

GENERAL INFORMATION

Specifications are available at the Great Falls Department, 112 1st Street South, front counter. Any questions concerning the interpretation of the attached specifications may be directed to Captain Shanks, Great Falls Police Department, P.O. Box 5021, Great Falls MT 59403 or (406)455-8413.

Upon opening, all bids meeting the requirements stated herein will be taken under advisement and a recommendation to the City Commission will be prepared by City Staff. The recommendation will be submitted to the City Commission at a regular meeting, and all bidders will be notified upon acceptance of the recommendation.

In our continuing effort to insure that our process is competitive, equitable and efficient, we are asking for your help. If you do not plan to submit a bid, please let us know the reason before the opening date. We thank you for your cooperation and for your interest in the City of Great Falls.

NO BID WILL BE CONSIDERED UNLESS ACCOMPANIED BY AN ORIGINAL COMPLETED, SIGNED AND NOTARIZED AFFIDAVIT OF NON-COLLUSION

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GENERAL CONDITIONS

No bid will be considered unless accompanied by lawful money of the United States, or by a cashier’s check, certified check, bank money order or bank draft, in any case drawn and issued by a federally chartered or state-chartered bank insured by the federal deposit insurance corporation or a bid bond, guaranty bond, or surety bond executed by a surety corporation authorized to do business in the State of Montana. If a financial guaranty bond or surety bond is provided to secure the purchase of indebtedness, the long-term indebtedness of the company executing the financial guaranty bond or surety bond must carry an investment grade rating of one or more nationally recognized independent rating agencies. The money or, in lieu of money the bank instruments or bid bonds, financial guaranty bonds, or surety bonds must be payable directly to the City of Great Falls, Montana, in an amount equal to ten percent (10%) of the aggregate of the proposed bid amount which shall constitute compliance with the requirements for bid security all in accordance with Title 18, Chapter 1, Part 2, M.C.A. Bids received after the stipulated closing time will be returned unopened.

Only sealed bids will be accepted. The City of Great Falls will not accept faxed bid bonds, or Affidavits of Non-Collusion. The entire bid must be complete upon submission. No bidder may withdraw his bid for a period of thirty (30) days after the date set for opening the bids.

The City of Great Falls will award the bid contract to the highest responsible bidder however, the City of Great Falls reserves the right to reject any or all bids, wholly or in part, and to waive informalities or such items deemed not material or substantive to the bid.

Bids received after the stipulated closing time will be returned unopened.

2 CONTRACT SPECIFICATIONS CITY TOWING CONTRACT

1. SERVICES TO BE PERFORMED: The Contractor must agree to: a. Remove, impound, transport, or tow to City facilities or storage facilities large enough to accommodate at least twenty (20) automobiles, at a location which is within the jurisdiction of the Great Falls Police Department, Great Falls, Montana. b. Tow and store stolen, abandoned, illegally parked, or other vehicles as directed by police, as a twenty-four (24) hour per day service, in the City of Great Falls, Montana. c. To care for and store all such cars when requested by the Police Department, and to preserve and deliver them to the owners or persons entitled to the possession of them upon payment of towing and storage fees all in accordance with the provisions of the City Ordinances and Montana Motor Vehicle Code. d. The Contractor shall perform said service between 0800 and 1700 hours, Monday through Friday of each week unless an emergency concerning hazardous vehicles or investigations requires immediate response where upon Contractor shall respond upon notice. e. In all cases where the Contractor shall fail to respond to any emergency call for tow trucks within one hour, the City shall have the right to call other parties to perform such services. 2. TERM OF CONTRACT: a. This agreement shall continue in effect for a period of five years, or it can be subject to termination upon (30) days written notice by either party. 3. DUTIES OF THE CONTRACTOR: The Contractor must agree to/that: a. Pay all persons furnishing labor, supplies, equipment, space or material to the Contractor in and about the performance of this contract, these persons to be paid first out of the amount due the Contractor, its agents or assigns. b. All vehicles being held for evidential or investigative reasons by the Police Department must be authorized by the Chief of Police or his designee for release. Other vehicles may be released without formal authorization from the Chief of Police or his designee.

3 3. DUTIES OF THE CONTRACTOR (Continued): c. Establish the identity of the owners with proper automobile titles or proper vehicle registration owner/lien holder or upon special circumstance to a person who has been approved through the Great Falls Police Department. d. Keep safely all impounded cars, accessories and personal property, and to reimburse the City and the owners for loss. An inventory of all personal property shall be made by the Contractor at the time of impoundment. e. Maintain and keep records as required by the Police Department and furnish the City with a monthly report as to vehicles picked up, released and in storage. 4. CHARGES FOR OPERATION: The Contractor must agree to: a. Carry all charges for towing and storage on account until the sale or other proper disposition of such vehicle. In the event that the owner does not reclaim the vehicle prior to sale at the City Police , the towing company shall be reimbursed from the proceeds of the sale, except that the reimbursement for any one vehicle may not exceed that amount actually realized from the sale of that vehicle, nor may the total reimbursement for any one vehicle exceed the towing charge plus ninety (90) days storage to registered owner. The salvage rights to any vehicle put up for auction, but which receives no bids, shall belong to the towing company. The aforesaid shall constitute the contractual consideration between the parties. b. Tow City vehicles not exceeding a ton and one-half in gross vehicle weight without further charge of consideration. 5. STORAGE OF IMPOUNDED VEHICLES: The Contractor must agree that: a. Any vehicle directed to be impounded, from the time it is taken into possession by the Contractor and during the time it is impounded, and until it is reclaimed, shall be considered to be in the custody of the law, and no work shall be done on it by the Contractor, nor shall he permit anyone to do any work on it until the car has been reclaimed. b. All cars when ordered released by the Police Department shall be released to the owner without other charge than the impounding and storage fees. c. During the time the vehicle is impounded the Contractor, shall not permit the owner or any other person to take or remove from the vehicle, any possessions or parts contained in the vehicle, or change or repair any parts. 4 5. STORAGE OF IMPOUNDED VEHICLES (Continued): d. All vehicles which have been involved in criminal proceedings, and which are designated by the Police Department as being held for that reason, shall be held and stored, when applicable, in inside storage (cold or heated). e. Reasonable storage and towing fees will be assessed to the owner when said vehicle is impounded as evidence, or for, investigative purposes. f. If the vehicle is seized for the purpose of searching the car and the search of the car does not uncover the fruits of the crime then towing and storage shall not be assessed to the owner. g. If a vehicle is towed to the police station for evidence gathering, the owner will not be assessed towing fees. However, if the vehicle is then towed and stored by Contractor, reasonable towing and storage fees will be assessed. h. If the County Attorney requests a vehicle held for storage or judicial process, the Contractor shall provide space for a minimum of ten (10) automobiles, without accumulating storage fees, a flat rate will be negotiated between the Contractor and Police Department for each space. The responsibility of tow and storage fee will be identified. The Contractor and Police Department will monitor the number of automobiles being held for judicial process. If the number of automobiles held for judicial process exceeds ten (10), the Police Department will request the County Attorney release automobiles. If more than ten (10) automobiles are held for judicial process the Contractor must be notified and responsibility for towing and storage be identified. i. Questions regarding charges not covered by contract will be settled via mutual agreement between Chief of Police or designee and Contractor. 6. RELEASE FORM: The Contractor must agree that: a. At the time of return of the vehicle, the Contractor shall give a release in writing which shall state the date of such release together with the charges enumerated thereon and the purpose for which the charges were made. b. The release shall be made in one original and two copies, all of which shall be signed by the Contractor and the person to whom the release is made. The Contractor shall retain the original of the release and shall deliver one copy to the owner of the vehicle and one copy to the Police Department.

5 7. NONDISCRIMINATORY PRACTICES: The Contractor must agree: a. Not to discriminate against any employee or applicant for employment because of race, color, sex, creed, national origin, or ancestry during the life of this contract. b. To include a similar provision in all subcontracts entered into for the performance of this contract. c. That this contract may be canceled or terminated by the City and all money due or to become due hereunder, may be forfeited for a second or subsequent violation of the terms or conditions of this paragraph. This paragraph is inserted in this contract to comply with the provisions of Montana State Statutes. 8. INSURANCE: The following insurance shall be taken out and maintained by the Contractor. a. Comprehensive General Liability insurance insuring against liability imposed by law for bodily injury or death and property, in the amount of $1,000,000 per occurrence, $2,000,000 General Aggregate. b. Automobile Liability for Scheduled, Hired and Non-Owned Autos in the amount of $1,000,000 per occurrence. c. Garagekeepers Liability in the amount of $500,000 GKLL; $250,000 On Hook. d. Fire and theft coverage of $1,000,000. e. Workers’ Compensation insurance as required by State Law. f. A City of Great Falls Safety Inspection Certificate. g. The City of Great Falls shall be named as an additional insured in these policies and shall provide that the coverage may not be terminated or changed by the insurer except upon ten days’ written notice to the City Clerk of the City of Great Falls, Montana. h. Failure to comply with the provisions of the section shall automatically suspend the contract until the insurance has been reinstated. All endorsements shall apply to both bodily injury or death and property damage coverage. i. Prior to the commencement of the contract, the Contractor shall furnish the City of Great Falls certificates or copies of the policies of insurance, approved by the City Clerk, showing that such insurance is in force. A copy of the Contractor’s City Safety Inspection Certificate shall also be included. j. No policy shall contain any provisions for exclusions from liability other than provisions for exclusion from liability forming part of the standard basic unamended and unendorsed form of policy, except that no exclusion will be permitted in any event if it conflicts with 6 a coverage expressly required in this contract, and in addition, no policy shall contain any exclusion from bodily injury to or sickness, disease or death of any employee of the Contractor or which would conflict with or in any way impair coverage under the contractual liability endorsement of the liability of the Contractor under this agreement. k. Compliance by the Contractor with the foregoing requirements to carry insurance and furnish certificates shall not relieve the Contractor from liability assumed under any provision of this contract. 9. INDEMNIFICATION: a. The Contractor shall indemnify and hold harmless the City of Great Falls, its officers, agents and employees from and against all claims, damages, losses or expenses arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this agreement by the Contractor, his employees, agents, or subcontractors, whether or not caused in part by a party indemnified hereunder. 10. TERMINATION: a. The City shall have the right to terminate this contract in the event of a breach thereof by the Contractor, and a continuing breach shall not be deemed to be waived if not followed by prompt termination. This contract shall terminate, and neither party nor the officers of the City shall be liable for further performance after such termination, if it shall become invalid by reason of any present or future law other than an Ordinance of the City. 11. SUCCESSORS AND ASSIGNS: a. The contractor binds himself jointly and severally, his successors, executors, administrators, and assigns to the City in respect to all covenants of this agreement, except that the Contractor shall not assign or transfer any part of his/her interest to this agreement or sublet as a whole.

7 CITY TOWING AGREEMENT

THIS AGREEMENT made and entered into this day of , 2012, by and between the CITY OF GREAT FALLS, Montana, a municipal corporation of the State of Montana, hereinafter referred to as “City” and , Great Falls, Montana, hereinafter referred to as “Contractor”. The City and the Contractor agree as follows: 1. SERVICES TO BE PERFORMED: 1.1 The Contractor agrees to remove, impound, transport, or tow to City facilities or storage facilities large enough to accommodate at least twenty (20) automobiles, at , Great Falls, Montana, all stolen, abandoned, illegally parked, or other vehicles as directed by Police, as a twenty-four (24) hour per day service, in the City of Great Falls, Montana and to care for and store all such cars when requested by the Police Department, and to preserve and deliver them to the owners or persons entitled to the possession of them upon payment of towing and storage fees all in accordance with the provisions of the City Ordinances and Montana Motor Vehicle Code. The Contractor shall perform said service between 0800 and 1700 hours, Monday through Friday of each week unless an emergency concerning hazardous vehicles or investigations requires immediate response where upon Contractor shall respond upon notice. In all cases where the Contractor shall fail to respond to any emergency call for tow trucks within one hour, the City shall have the right to call other parties to perform such services. 1.2 This agreement shall continue in effect for a period of five years, or it can be subject to termination upon (30) days written notice by either party. 2. DUTIES OF THE CONTRACTOR: 2.1 The Contractor further agrees to pay all persons furnishing labor, supplies, equipment, space or material to the Contractor in and about the performance of this contract, these persons to be paid first out of the amount due the Contractor, its agents or assigns. 2.2 All vehicles being held for evidential or investigative reasons by the Police Department must be authorized by the Chief of Police or his designee for release. Other vehicles may be released without formal authorization from the Chief of Police or his designee.

8 2. DUTIES OF THE CONTRACTOR (Continued): 2.3 The Contractor agrees to establish the identity of the owners with proper automobile titles or proper vehicle registration and only release said vehicles to the registered owner/lien holder or upon special circumstance to a person who has been approved through the Great Falls Police Department. 2.4 The Contractor agrees to keep safely all impounded cars, accessories and personal property, and to reimburse the City and the owners for loss. An inventory of all personal property shall be made by the Contractor at the time of impoundment. 2.5 Records: The Contractor shall be required to maintain and keep records as required by the Police Department and furnish the City with a monthly report as to vehicles picked up, released and in storage. 3. CHARGES FOR OPERATION: 3.1 Charges for towing and storage shall be carried on account until the sale or other proper disposition of such vehicle. In the event that the owner does not reclaim the vehicle prior to sale at the City Police auction, the towing company shall be reimbursed from the proceeds of the sale, except that the reimbursement for any one vehicle may not exceed that amount actually realized from the sale of that vehicle, nor may the total reimbursement for any one vehicle exceed the towing charge plus ninety (90) days storage to registered owner. The salvage rights to any vehicle put up for auction, but which receives no bids, shall belong to the towing company. The aforesaid shall constitute the contractual consideration between the parties. Contractor agrees to tow City vehicles not exceeding a ton and one-half in gross vehicle weight without further charge of consideration. 4. STORAGE OF IMPOUNDED VEHICLES: 4.1 Any vehicle directed to be impounded, from the time it is taken into possession by the Contractor and during the time it is impounded, and until it is reclaimed, shall be considered to be in the custody of the law, and no work shall be done on it by the Contractor, nor shall he permit anyone to do any work on it until the car has been reclaimed. All cars when ordered released by the Police Department shall be released to the owner without other charge than the impounding and storage fees. During the time the vehicle is impounded, the Contractor shall not permit the owner or any other person to take or remove from the vehicle, any possessions or parts contained in the vehicle, or change or repair any parts. All vehicles which have been involved in criminal

9 4. STORAGE OF IMPOUNDED VEHICLES (Continued): proceedings, and which are designated by the Police Department as being held for that reason, shall be held and stored, when applicable, in inside storage (cold or heated). Reasonable storage and towing fees will be assessed to the owner when said vehicle is impounded as evidence, or for, investigative purposes. If the vehicle is seized for the purpose of searching the car and the search of the car does not uncover the fruits of the crime then towing and storage shall not be assessed to the owner. If a vehicle is towed to the police station for evidence gathering, the owner will not be assessed towing fees. However, if the vehicle is then towed and stored by Contractor, reasonable towing and storage fees will be assessed. If the County Attorney requests a vehicle held for storage or judicial process, the Contractor shall provide space for a minimum of ten (10) automobiles, without accumulating storage fees, a flat rate will be negotiated between the Contractor and Police Department for each space. The responsibility of tow and storage fee will be identified. The Contractor and Police Department will monitor the number of automobiles being held for judicial process. If the number of automobiles held for judicial process exceeds ten (10), the Police Department will request the County Attorney release automobiles. If more than ten (10) automobiles are held for judicial process the Contractor must be notified and responsibility for towing and storage be identified. Questions regarding charges not covered by contract will be settled via mutual agreement between Chief of Police or designee and Contractor. 5. RELEASE FORM: At the time of return of the vehicle, the Contractor shall give a release in writing which shall state the date of such release together with the charges enumerated thereon and the purpose for which the charges were made. The release shall be made in one original and two copies, all of which shall be signed by the Contractor and the person to whom the release is made. The Contractor shall retain the original of the release and shall deliver one copy to the owner of the vehicle and one copy to the Police Department. 6. NONDISCRIMINATORY PRACTICES: The Contractor agrees, during the life of this contract, not to discriminate against any employee or applicant for employment because of race, color, sex, creed, national origin, or ancestry. The Contractor will include a similar provision in all subcontracts entered 10 6. NONDISCRIMINATORY PRACTICES (Continued): into for the performance of this contract. This contract may be canceled or terminated by the City and all money due or to become due hereunder, may be forfeited for a second or subsequent violation of the terms or conditions of this paragraph. This paragraph is inserted in this contract to comply with the provisions of Montana State Statutes. 7. INSURANCE: The following insurance shall be taken out and maintained by the Contractor. 7.1 Comprehensive General Liability insurance insuring against liability imposed by law for bodily injury or death and property, in the amount of $1,000,000 per occurrence, $2,000,000 General Aggregate. 7.2 Automobile Liability for Scheduled, Hired and Non-Owned Autos in the amount of $1,000,000 per occurrence. 7.3 Garagekeepers Liability in the amount of $500,000 GKLL; $250,000 On Hook. 7.4 Fire and theft coverage of $1,000,000. 7.5 Workers’ Compensation insurance as required by State Law. 7.6 A City of Great Falls Safety Inspection Certificate. 7.7 The City of Great Falls shall be named as an additional insured in these policies and shall provide that the coverage may not be terminated or changed by the insurer except upon ten days’ written notice to the City Clerk of the City of Great Falls, Montana. 7.8 Failure to comply with the provisions of the section shall automatically suspend the contract until the insurance has been reinstated. All endorsements shall apply to both bodily injury or death and property damage coverage. 7.9 Prior to the commencement of the contract, the Contractor shall furnish the City of Great Falls certificates or copies of the policies of insurance, approved by the City Clerk, showing that such insurance is in force. A copy of the Contractor’s City Safety Inspection Certificate shall also be included. 7.10 No policy shall contain any provisions for exclusions from liability other than provisions for exclusion from liability forming part of the standard basic unamended and unendorsed form of policy, except that no exclusion will be permitted in any event if it conflicts with a coverage expressly required in this contract, and in addition, no policy shall contain any exclusion from bodily injury to or sickness, disease or death of any employee of the Contractor or which would conflict with or in any way impair coverage under the contractual liability endorsement of the liability of the Contractor under this agreement. 7.11 Compliance by the Contractor with the foregoing requirements to carry insurance and 11 7. INSURANCE (Continued): furnish certificates shall not relieve the Contractor from liability assumed under any provision of this contract. 8. INDEMNIFICATION: The Contractor shall indemnify and hold harmless the City of Great Falls, its officers, agents and employees from and against all claims, damages, losses or expenses arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this agreement by the Contractor, his employees, agents, or subcontractors, whether or not caused in part by a party indemnified hereunder. 9. TERMINATION: The City shall have the right to terminate this contract in the event of a breach thereof by the Contractor, and a continuing breach shall not be deemed to be waived if not followed by prompt termination. This contract shall terminate, and neither party nor the officers of the City shall be liable for further performance after such termination, if it shall become invalid by reason of any present or future law other than an Ordinance of the City. 10. SUCCESSORS AND ASSIGNS: The contractor binds himself jointly and severally, his successors, executors, administrators, and assigns to the City in respect to all covenants of this agreement, except that the Contractor shall not assign or transfer any part of his/her interest to this agreement or sublet as a whole. 11. WHOLE AGREEMENT: This agreement embodies the entire agreement between the parties including all prior understandings and agreement and may not be modified except in writing signed by all the parties.

EXECUTED as of the day and year first above written.

CITY OF GREAT FALLS, MONTANA

City Manager

12 ATTEST:

City Clerk

(Name of Company)

Signature of Authorized Individual

SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 2012.

Print Name

Signature of Notary Public for the State of Montana Residing at Great Falls, Montana My Commission Expires

13 PROPOSAL

CITY OF GREAT FALLS POLICE DEPARTMENT CITY TOWING CONTRACT

In response to your request for written quotation, the undersigned declares that he/she is a contractor qualified to perform the towing services as outlined in the agreement and that he/she is experienced in this kind of work and that he/she has examined the specifications for this agreement.

Contractor further agrees to supply to the City of Great Falls the services for the amount of per year. This amount will be paid to the City of Great Falls on a quarterly basis of per quarter (first year) and per quarter for the successive four years.

This bid will be for a term of 5 (five) years starting June 6th, 2012 and ending June 7th, 2017.

Enclosed is the 10% bid bond in the amount of .

Signed:

Print Name

Name of Company

14 CITY OF GREAT FALLS, MONTANA CIVIC CENTER BUILDING AFFIDAVIT AND INFORMATION REQUIRED OF BIDDERS

AFFIDAVIT OF NON-COLLUSION

I hereby swear (or affirm) under the penalty; for perjury;

(1) That I am the bidder (if bidder is an individual), a partner in the bidder (if the bidder is a partnership), or an officer or employee of the bidding corporation having authority to sign on its behalf (if the bidder is a corporation);

(2) That the attached bid or bids have been arrived at by the bidder independently, and have been submitted without collusion with, and without any agreement, understanding, or planned common course of action with any other vendor of materials, supplies, equipment or services described in the invitation to bid, designed to limit independent bidding or competition;

(3) That the contents of the bid or bids have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the bid or bids, and will not be communicated to any such person prior to the official opening of the bid or bids; and

(4) That I have fully informed myself regarding the accuracy of the statements made in this affidavit.

SIGNED: FIRM NAME:

DATE: ADDRESS:

------SUBSCRIBED AND SWORN TO BEFORE ME

THIS DAY OF , 20 .

NOTARY PUBLIC

Print Name

My commission expires:

BIDDER'S E.I. NUMBER:

(Number used on Employer's Quarterly Federal Return, U.S. Treasury Department Form 941)

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