Common use of Towing Services Clause in Contracts

Towing Services. Towing services shall include tow truck, a qualified driver and all fuel, maintenance, repairs, permits, insurance as outlined in the Illinois vehicle code, 625 ILCS 5/12-606 and any other items of expense or equipment necessary to render complete towing service. The towing service shall be licensed by the Illinois Commerce Commission (I.C.C.), and all tow truck drivers shall have a current license issued by the Secretary of State. Towing service shall comply with all Federal, State, I.C.C., and local legal requirements and policies. The towing service will have in operation at all times a minimum of two (2) heavy-duty wreckers each equipped with a 10,000-pound power winch, crane and boom; and one (1) flatbed type heavy-duty wrecker with a 10,000-pound capacity. However, a towing service who is unable to provide the flatbed type wrecker may execute a statement indicating that such a wrecker is available to be brought to a scene. Such statement shall be in writing and indicate the name and location of the alternate towing agency which will provide the flatbed wrecker. If a written contract is executed between the primary towing service and the alternate towing agency, a copy of said contract will be provided to the CITY. This statement will be incorporated as part of the agreement upon acceptance by the CITY. Should the alternate towing agency be used, all tows will be made to the primary towing facility. The towing service shall maintain and keep the equipment in good operating condition and appropriately licensed and inspected by the state. Evidence of license and last inspection shall be submitted to the CITY prior to execution of Agreement. Agency must show proof of ownership and/or contractual agreement acceptance to the city covering the term of the Agreement. The towing service agrees to maintain communication with CITY on a 24-hour availability basis. All trucks shall be equipped with a two-way radio on a commercial frequency for the sole purpose of communicating with the towing services base station and shall be appropriately licensed by the F.C.C. Service under this Agreement is to be rendered only upon request of the CITY. The towing service, upon notification by the police department shall immediately send the requested number of tow trucks to the designated location and at the direction of the police officer in charge at the scene shall remove the wrecked/abandoned/disabled vehicle or vehicles from the scene directly to the towing service’s storage facility, or the city pound for the price specified in the Agreement. The towing service shall consider calls from the CITY as having first priority over requests for towing service from other parties. The towing service will furnish the CITY with the names of all other agencies with which the towing service has a towing Agreement or agreement, when the Agreement becomes effective, and any other agreements entered into by the towing service during the term of the Agreement. Monday through Friday during normal business hours, the towing service will arrive at the scene of a requested tow with the requested equipment within fifteen (15) minutes after notification has been made. On weekends and after normal working hours the contractor will arrive at the scene of a tow within twenty-five (25) minutes after notification has been made. No additional fees or labor charges shall be assessed for standard tows. Tows shall consist of, but not limited to, any and all labor that results from hooking up, hoisting, and towing away any normally parked vehicle. This includes gaining entry to the vehicle, straightening the front wheel, tying the wheel, releasing the brake, and disconnecting the transmission on a rear wheel drive vehicle. The towing service expressly assures full responsibility and liability for all property entrusted to its care, including equipment and contents thereof. To the fullest extent possible, the towing service hereby agrees to indemnify, defend, and hold harmless the City of Des Plaines against any and all claims, demands, suits, and liabilities arising from or resulting from any and all acts performed pursuant to this Agreement. The towing service will assign only competent, trustworthy, courteous, and sober employees and drivers to provide towing services under the provisions of this Agreement. The towing service agrees to maintain a storage yard within close proximity of the City of Des Plaines, available for use on 24-hour basis. The storage site must meet all state, county, and municipal laws and/or ordinances applicable to the storage site jurisdiction. The storage facility must be able to accommodate a minimum of 45 towed vehicles for the CITY. The stacking of vehicles is not permitted until certificate of purchase is granted to the towing service. The towing service will maintain office hours of operation consistent with normal business hours Monday through Friday. The towing service shall also maintain standard office hours of operation on Saturdays. Business hours are as follows: Monday-Friday 7:00am-6:00pm Saturday 8:00am-2:00pm Sunday Closed Holidays Closed Attached to and made part of this Agreement as Exhibit B to the Agreement is the Schedule of Rates. The Schedule of Rates shall remain in effect for the entire term of this Agreement and any extensions and may only be amended by the signed agreement of both parties to this agreement.