HomeMy Public PortalAbout013-2019 - Towing Roatation - Elliott Towing, IncAGREEMENT FOR PARTICIPATION IN TOWING ROTATION
SECTION 1: TERM OF THE AGREEMENT AND PARTIES
THIS AGREEMENT effective this A day of Awc_h , 2019, until March 31, 2021,
and is entered into by the City of Richmond, Indiana, by and through its Board of Public Works and
e- Safety (hereinafter called "City") and C (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. 13-2019
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SECTION S: 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:
11
C.
Coverage
Worker's Compensation &
Disability Requirements
Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
Towing Liability ("On -Hook Liability")
Limits
Statutory
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
'11 111
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 MAY 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
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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.
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
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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.
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
Richard oore, Member
Ti�lyy "Pa4lmt, Member
APPROVED-
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Date: 41 aqfi-�—"
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WRECKER SERVICE
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