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<br />9. While performing under this contract and under these terms and <br />. conditions, the Contractor or his/her designated representative(s) must be <br />present at the storage facility for the purpose of releasing vehicles to <br />authorized persons Monday through Friday, between the hours of 8:30 <br />a.m. and 4:30 p.m. (excluding legal holidays). During Saturdays, <br />Sundays, and legal holidays, the Contractor must be available between <br />12:00 p.m. and 2:00 p.m. by appointment only. It is not necessary that the <br />Contractor or his/her designated representatives be physically present at <br />the storage facility, but the City must be able to contact the Contractor or <br />his/her designated representative on an as needed basis during these <br />times. Providing the City with a home phone number where the <br />Contractor can be reached during these times would be adequate for <br />purposes of this paragraph. <br /> <br />10. It shall be agreed under this contract that motor vehicles will not be driven <br />at anytime during the towing procedure. In the event that the vehicle is <br />without tires or has flat tires, the performing Contr~ctor agrees to tow the <br />vehicle without damaging the wheels and further agrees not to tow any <br />vehicle on its rims, on wheels without tires, or on flat tires. <br /> <br />11. Upon arrival at the scene of a tow where a vehicle accident has occurred, <br />the performing Contractor, in addition to the physical removal of the <br />vehicle, assumes full responsibility for removing any vehicular parts or <br />other debris, excluding liquids and other commercial cargo, resulting from <br />the accident. This clean-up is to be completed without any additional <br />compensation. <br /> <br />12. The performing Contractor shall be entitled to a charge for his/her towing <br />and storage services pursuant to the fees submitted in the accompanying <br />proposal. The Contractor shall agree that neither the City nor any <br />Department thereof is responsible for any charges as a result of towing <br />and/or storage and that the Contractor assumes all liability for any and all <br />unpaid charges. NOTE: This provision and these terms and conditions <br />are in no way a law or regulation relating to the "price, route, or service of <br />any motor carrier... with respect to the transportation of property" under49 <br />U.S.C. Sec. 14501 (C)(1)(1997). <br /> <br />13.. If an involved private owner/operator makes a timely request for a tow by <br />other than our Contractor, such request shall be honored by the Police <br />Department. In either instance, the owner/operator is solely responsible <br />for all associated charges. <br /> <br />14. For vehicJes identified by the Police Department as subject to forfeiture, <br />and subsequently released to the Police Department pending the outcome <br />of forfeiture proceedings, the performing Contractor shall indicate a flat <br />rate charge per forfeited vehicle. The flat rate shall include towing, <br /> <br />-99- <br />