HomeMy Public PortalAbout024-2017 - Purchasing - Towing of Regular City Owned VehichlesCITY -OWNED VEHICLE TOWING CONTRACT
SECTION 1 PARTIES
THIS AGREEMENT made and entered into this 20 dday ofyj�� 2017, and referred to as
Contract No. 24-2017 by and between the City of Richmond, Indiana, a municipal corporation
actin and through its Board of Public Works and Safety (hereinafter referred to as the "City")
and 'l��p'S 5p j'U jCP_ �f1C_ (hereinafter referred to as the "Contractor").
SECTION 2 TERM OF CONTRACT
The term of the contract shall become effective, as of the day and year first written above,
after all parties have signed and shall continue in effect through March 31, 2019.
SECTION 3 SPECIFICATION FOR PERFORMANCE
CONTRACTOR shall render all services necessary for towing CITY owned vehicles upon
request by appropriate City personnel. CONTRACTOR will respond to calls for towing within a
reasonable time.
SECTION 4 PAYMENT
The CITY agrees to pay CONTRACTOR for actual towing performed according to the
following schedule for days (8:00 a.m. to 5:00 p.m.) and nights (5:01 p.m. to 7:59 a.m.):
1) Automobiles
Mileage outside City limits $
2) Pick-up trucks
Mileage outside City limits $
3) Small buses (Rose View)
Mileage outside City limits $
4) Side loaders
Per hour, Per truck
5) 3 cubic yard trash trucks
Per hour, Per truck
Round trip
Round trip
Round trip
DAYS NIGHTS
$ 40S. nb $T5. 00
$ 00 $95.00
$.00 $Loo•06
$L5.00 $ 1ITS .°0
Contract No. 24-2017
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Extra Charges
Axle pulls
Drive line disengagements
Recovery with large wrecker including operator
Each additional operator
Compressed air
Per mile charge outside City limits
SECTION 5 PROHIBITIONS AGAINST DISCRIMINATION
$� bo each
$��v each
$ JGiJ. �0 per hour
va
$ per hour
$ per hour
$ .0 O large wrecker
A. In the hiring of employees for the performance of work under this contract or any sub-
contract hereunder, neither CONTRACTOR, nor any person acting on behalf of CONTRACTOR,
shall, by reason of race, religion, color, sex, national origin or ancestry, discriminate against any
citizen of the state of Indiana who is qualified and available to perform the work to which the
employment relates.
B. Neither CONTRACTOR, nor any person on its behalf, shall in any manner, discriminate
against or intimidate any employee hired for the performance of work under this contract on account
of race, religion, color, sex, national origin or ancestry.
C. There may be deducted from the amount payable to CONTRACTOR by the CITY a
penalty of $5.00 for each person for each calendar day during which such person was discriminated
against or intimidated in violation of the provisions of this contract. This contract may be cancelled
or terminated by the CITY, and all money due or to become due hereunder shall be forfeited for a
second or any subsequent violation of the terms or conditions of this contract relating to
discrimination or intimidation.
SECTION 6 COMPLIANCE WITH WORKER'S COMPENSATION LAW
CONTRACTOR shall comply with all provisions of the Indiana Workman's Compensation
law, and shall, before commencing work under this contract, provide the CITY a certificate of
insurance, or a certificate from the industrial board showing that the CONTRACTOR has complied
with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2.
SECTION 7 IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, CONTRACTOR certifies that CONTRACTOR is
not engaged in investment activities in Iran. In the event CITY determines during the course of this
Agreement that this certification is no longer valid, CITY shall notify CONTRACTOR in writing of
said determination and shall give CONTRACTOR ninety (90) days within which to respond to the
written notice. In the event CONTRACTOR fails to demonstrate to the CITY that the
CONTRACTOR has ceased investment activities in Iran within ninety (90) days after the written
notice is given to the CONTRACTOR, the CITY may proceed with any remedies it may have
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pursuant to IC 5-22-16.5. In the event the CITY determines during the course of this Agreement that
this certification is no longer valid and said determination is not refuted by CONTRACTOR in the
manner set forth in IC 5-22-16.5, the CITY reserves the right to consider the CONTRACTOR to be
in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day
period set forth above.
SECTION 8 COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, CONTRACTOR is required to enroll in and verify the
work eligibility status of all newly hired employees of the CONTRACTOR through the Indiana E-
Verify program. CONTRACTOR is not required to verify the work eligibility status of all newly
hired employees of the CONTRACTOR through the Indiana E-Verify program if the Indiana E-
Verify program no longer exists. Prior to the performance of this Agreement, CONTRACTOR shall
provide to the CITY its signed Affidavit affirming that CONTRACTOR does not knowingly employ
an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event CONTRACTOR
violates IC 22-5-1.7 the CONTRACTOR shall be required to remedy the violation not later than
thirty (30) days after the CITY notifies the CONTRACTOR of the violation. If CONTRACTOR
fails to remedy the violation within the thirty (30) day period provided above, the CITY shall
consider the CONTRACTOR to be in breach of this Agreement and this Agreement will be
terminated. If the CITY determines that terminating this Agreement would be detrimental to the
public interest or public property, the CITY may allow this Agreement to remain in effect until the
CITY procures a new CONTRACTOR. If this Agreement is terminated under this section, then
pursuant to IC 22-5-1.7-13 (c) the CONTRACTOR will remain liable to the CITY for actual
damages.
SECTION 9 LIABILITY INSURANCE
CONTRACTOR shall indemnify and hold the City of Richmond, its officers, agents and
employees harmless from any liability resulting from the acts of CONTRACTOR in the course of
performing duties under this agreement and further agrees to release, indemnify and hold harmless
the same from any liability for any negligent acts of the City performed under this agreement. The
indemnification shall include all costs, including attorney's fees, incurred by the City in the defense
of any claim against the City.
CONTRACTOR will provide the City of Richmond with a Certificate of Insurance from an
insurance company approved by the Board of Works, which insurance shall be maintained at all
times during the term of this Contract. The Certificate shall name the City of Richmond as an
additional insured party and shall show insurance coverage in the following amounts:
Coverage
A. Worker's Compensation &
Disability Requirements
B. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
C. Towing Liability ("On -Hook Liability")
Limits
Statutory
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
$100,000
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No work or performance of services shall commence until the City is in receipt of the
required certificates of insurance. Also,
FAILURE TO CONTINUE TO PROVIDE PURCHASING WITH UPDATED
INSURANCE COVERAGE WILL BE DEEMED UNRESPONSIVE AND CAN RESULT
IN NOT BEING INVITED TO PARTICIPATE IN FUTURE TOWING BIDS.
SECTION 10 INDEMNIFICATION OF CITY
CONTRACTOR agrees to indemnify and hold harmless the CITY and its officials and
employees for all claims and liens arising out of any negligent act or omission by CONTRACTOR or
any of its officers, agents, employees or subcontractors. The indemnity shall include attorney's fees
and all costs and expenses arising from such liability.
SECTION 11 COMPLIANCE
CONTRACTOR shall comply with all federal and state laws that apply to the operation of
wrecker services and shall furnish copies of all licenses, permits or other documentation required for
compliance.
SECTION 12 DEFAULT
CONTRACTOR shall be in default upon the failure to perform any term of this contract.
Upon default, CITY may send CONTRACTOR a written notice of default. If CONTRACTOR fails
to correct the default within 10 days after such notice, CITY shall have the authority to cancel this
contract and enter into an agreement with another wrecker service.
SECTION 13 UNAVAILABILITY OF FUNDS
If funds become unavailable for the fulfillment of this agreement, the CITY shall have the
right to terminate this agreement at any time without penalty by giving written notice thereof to
CONTRACTOR. The CITY shall remain liable for all services rendered by CONTRACTOR up to
the date of termination.
SECTION 14 NOTICE
Any notices required to be given under this agreement shall be mailed by certified mail,
return receipt requested, addressed to the party to be notified at the address set forth below:
ATTN:City of Richmond
Purchasing Director
50 North 5th Street, Richmond, IN 47374
SECTION 15 EXTENT OF THE AGREEMENT
This contract constitutes the entire agreement between the parties and any amendments,
additions, or deletions hereto shall be in writing, signed by the parties and attached to this contract.
SECTION 16 ASSIGNMENT OF CONTRACT
CITY.
This contract shall not be assigned by CONTRACTOR without the written consent of the
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SECTION 17 SEVERABILITY AND ENFORCEMENT
In the event that any provision of this agreement is, held invalid by a court of competent
jurisdiction, the invalidity of the provision shall not affect any other provision of this agreement.
Failure of either party to insist on strict compliance with the provisions of this agreement shall not
constitute a waiver of that party's right to demand later compliance with the same or other provisions
of this agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the
day and year first written above, although signatures may be affixed on different dates.
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
�a4�
Vicki Robinson, President
"Richard roore, Member n
Anthony. y.. Foster, II;
Date:
APPROVI
Date: � - 21t t
WRECKER SERVICE
By:
Printed:(
Title:
Date: Z) J� - � l
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