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Home My Public Portal About026-2017 - Purchasing - Towing RotationAGREEMENT FOR PARTICIPATION IN TOWING ROTATION SECTION 1: TERM OF THE AGREEMENT AND PARTIES THIS AGREEMENT effective this dday of in 4 cc , 2017, until March 31, 2019, and is entered into by the City of Richmond, Indiana, by and through its Board of Public Works and Safety (hereinafter called "City") and A t L \I a—i C 4 r a 4 - (hereinafter called "WRECKER SERVICE"). SECTION 2: AGREEMENT OF WRECKING SERVICE As consideration for placement on the City's Towing Rotation list, WRECKER SERVICE agrees to be on call twenty-four (24) hours a day, seven (7) days a week for wrecker services as needed by the Richmond Police Department. Wrecker service shall comply with all requirements of Criteria for Regulation Rotation Wrecker Service, as promulgated by the Board of Public Works and Safety on ? % and amended from time to time, which criteria are attached hereto and labeled Exhibit "A". A towing by vehicle owner request is not a part of this Agreement and does not remove a wrecker service from its position on the Rotation list. SECTION 3: PAYMENT AND FEES A. City is not obligated for payment of any services furnished under this Towing Rotation Agreement. WRECKER SERVICE shall tow all vehicles to the City's designated impound area unless otherwise designated by the owner of the vehicle, and WRECKER SERVICE shall collect its fee from the operator of the impound area. The impound area, in turn, will collect the fee from the owner or satisfy its claim from the proceeds of the sale of the vehicle. B. WRECKER SERVICE shall charge only those fees as established by the Board of Public Works and Safety. SECTION 4: TERMINATION WRECKER SERVICE may be terminated from the towing rotation upon WRECKER SERVICE'S failure to comply with the requirements of Criteria for Regulation Rotation Wrecker Service. Contract No. 26-2017 (/ Page 1 of 4 SECTION 5: INSURANCE WRECKER SERVICE shall indemnify and hold the City of Richmond, its officers, agents and employees harmless from any liability resulting from the acts of WRECKER SERVICE 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. WRECKER SERVICE 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 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 ROTATION IN THE FUTURE. SECTION 6: 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 sub -contractors. The indemnity shall include attorney's fees and all costs and expenses arising from such liability. Page 2 of 4 SECTION 7: ASSIGNMENT WRECKER SERVICE may not assign its rights to participate in the towing rotation to any other service. SECTION 8: PROHIBITION AGAINST DISCRIMINATION Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. SECTION 9: 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 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 10: COMPLIANCE WITH 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 Page 3 of 4 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. 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 Vicki Robinson, President �ya �\V-- Ric Foore, Member Anthony L. roster, II, Member Date: 2,17 APPROVED: Snow, Date: WRECKER SERVICE By: �511�+5 1., 13A F-A Printed: L, G Wy GA r yp q l: Title: I q !q:1 r t^ Date: 3 ~ 3 — 1 —7 Page 4 of 4 List of wrecker services that are in the rotation Alley Cat Garage Bailey's Towing Christopher's Auto Repair Countryside Auto Elliot's Towing Pardo's Towing & Recovery Rose Towing & Recovery Stamper's Wrecker Service