HomeMy Public PortalAbout021-2021 - Impound VEHICLE IMPOUND AND STORAGE AGREEMENT
THIS AGREEMENT made and entered into this 3''' day of (`ncct CY ,2021,and referred to as
Contract No. 21-2021, by and between the City of Richmond, Indiana, a municipal corporation
acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City")
and —ci ipJ C C (hereinafter referred to as the"Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide a vehicle impound and storage area for the City of Richmond,
Indiana, from the day and year first written above, after all parties have signed until midnight March
31,2023.
A certain Price Request dated FE?b "� ,2021 has been made available for inspection by
Contractor, on file in the office of the Director of Purchasing for the City, and is hereby incorporated
by reference and made a part of this Agreement. Contractor agrees to abide by the same. •
The response of Contractor to said Price Request, is attached hereto as Exhibit A, which Exhibit is •
dated Fee , 2021 consists of pages, and is hereby incorporated by
reference and made a part of this Agreement.
The Contractor shall furnish all labor material, equipment, and services necessary for and incidental
to the proper completion of all work specified.
No work or performance of services shall commence until the City is in receipt of any required
certificate 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 FUTURE BIDS.
SECTION II. STATUS OF CONTRACTOR
City shall contact Contractor for purposes of providing towing services for all vehicles impounded in
the City that have been tagged by an orange sticker and have exceeded 72 hours on a public street or
23 days on private property. All other vehicles towed will be by rotation except by request of the
owner and City-owned vehicles.
Contract No.21-2021
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SECTION III. COMPENSATION
Contractor shall pay City the total sum of 1 x +fy fL5eoa'►
Dollars and
Cents($ ( E ( 00D )for complete and satisfactory performance
of the work set forth in Exhibit A. The undersigned hereby understands and acknowledges that
City shall send bi-annual invoices regarding the payments due as set forth on Contractor's
response to the Price Request(Exhibit A). Failure of undersigned to remit payment within five
(5)days of due date shall result in a late penalty of one percent(1 %)every 30 days.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective, as of the day and year first written above, after all parties
have signed and shall continue in effect until March 31,2023.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part,
for cause, at any time by giving at least five (5)working days written notice specifying the effective
date and the reasons for termination which shall include but not be limited to the following:
a. Failure, for any reason of the Contractor to fulfill in a timely and proper manner its
obligations under this Agreement;
b. Submission by the Contractor to the City of reports that are incorrect or incomplete in any
material respect;
c. Ineffective or improper use of funds provided under this Agreement;
d. Suspension or termination of the grant funding to the City under which this Agreement is
made;or
e. Unavailability of sufficient funds to make payment on this Agreement.
ke payment
o City
or all
In the event of such termination,
the effectiveo datetor byshall be Contactoruired to but shall a ber elievedtof anyf other
work performed prior
responsibility herein. •
This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by
mutual Agreement setting forth the reasons for such termination,the effective date, and in the case of
partial termination,the portion to be terminated.
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SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or
property or any other claims which may arise from the Contractor's conduct or performance of this
Agreement, either intentionally or negligently; provided, however, that nothing contained in this
Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers,
agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter
maintain such insurance as will protect it from the claims set forth below which may arise out of or
result from the Contractor's operations under this Agreement, whether such operations by the
Contractor or by any sub-contractors or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts the Contractor may be held responsible.
Coverage Limits
A. Worker's Compensation& Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability •
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$2,000,000 each aggregate
F. Towing Liability("On-Hook Liability") $100,000
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall,
before commencing work under this Agreement, 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. If Contractor is an out of state employer and therefore
subject to another state's worker's compensation law, Contractor may choose to comply with all
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provisions of their home state's worker's compensation law and provide the City proof of such
compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law.
SECTION VII. PROHIBITION AGAINST DISCRIMINATION
A. 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.
B. Pursuant to Indiana Code 5-16-6-1,the Contractor agrees: I.
1. That in the hiring of employees for the performance of work under this Agreement of
any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of
Contractor or any sub-contractor, shall not discriminate by reason of race,religion,color, sex,
national origin or ancestry against any citizen of the State of Indiana who is qualified and
available to perform the work to which the employment relates;
2. That Contractor, any sub-contractor, or any person action on behalf of Contractor or
any sub-contractor shall in no manner discriminate against or intimidate,any employee hired
for the performance of work under this Agreement on account of race, religion, color, sex,
national origin or ancestry;
3. _ That there may be deducted from the amount payable to Contractor by the City under
this Agreement,a penalty of five dollars($5.00)for each person for each calendar day during
which such person was discriminated against or intimidated in violation of the provisions of
the Agreement;and
4. That this Agreement may be cancelled or terminated by the City and all money due or
to become due hereunder may be forfeited, for a second or any subsequent violation of the
terms or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION VIII. 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
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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 IX. 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 X. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents
of the same from all liability for negligence which may arise in the course of Contractor's
performance of its obligations pursuant to this Agreement.
SECTION XI. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of its
rights or obligations hereunder without the prior written consent of the other party. It shall be
controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It
constitutes the entire Agreement between the parties, although it may be altered or amended in whole
or in part at any time by filing with the Agreement a written instrument setting forth such changes
signed by both parties.
This Agreement may be simultaneously executed in several counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising
under this Contract, if any, must be filed in said courts.
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Any person executing this Contract in a representative capacity hereby warrants that he has been duly
authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages or
remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of this
Agreement, including but not limited to City's reasonable attorney's fees.
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, CONTRACTOR
INDIANA by and through its
Board of Public Works and Safety
%/U. A� By:CA il'I- am i W2f
Vicki Robinson, President
Printed: ( af18\ 164'TOr\ )
Emily Palmer, Member
Title: Pek,- ,
"
Matt Evans,Member
APPROVED: — Date: 5"s', .‘
- i M. Sn_ w mayor I
Date: 0 3/Z4 7.01,E
i
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PROPOSAL TO THE BOARD OF PUBLIC WORKS & SAFETY
OF RICHMOND, INDIANA
In response to your request for written proposals, the undersigned bidder proposes to furnish a
storage area for impounded or abandoned vehicles pursuant to the specifications set forth in the
attached letter for the period beginning after the Contract is signed by all parties and ending March
31, 2023, for a fee of$ Q00 , 00 per year, payable to the City Controller of Richmond,
Indiana, bi-annually, as follows:
One payment of$ I' ;CO on the 15'1' day of March, of each year.
One payment of$ I C0.043 on the 15th day of September, of each year.
THE UNDERSIGNED HEREBY UNDERSTANDS AND ACKNOWLEDGES THAT CITY
SHALL ONLY SEND BI-ANNUAL INVOICES REGARDING THE ABOVE PAYMENTS
DUE. FAILURE OF UNDERSIGNED TO REMIT PAYMENT WITHIN FIVE (5)DAYS OF
DUE DATE SHALL RESULT IN A LATE PENALTY OF ONE PERCENT (1 %) EVERY 30
DAYS.
Said storage is located at: g-6 tAh kph PXQ y fr cl\rylpr,
The undersigned bidder agrees, the cost of storage of said vehicles will be $25.00 per day and shall
be collected from the owner or insurer of such vehicles. Said fee shall not be collected from the City
of Richmond,Indiana.
The undersigned bidder further agrees to execute a contract with the Board of Public Works &
Safety in the event this proposal is accepted on or before , 2021.
C42 f711-iti , dbo- Siuizi ftr A f tcMc
(Company Name)
By: e5
(Owner or Operator)
` -Nle Ltrrt®r PiKQ Ac ras n
(Address)
4-62-D0.511
(Telephone Number)
NON-COLLUSION AFFIDAVIT
State of Indiana )
) SS: •
County of )
•
The undersigned bidder or agent, being duly sworn on oath, says that he
has not, nor has any other member, representative or agent of the firm,
company, corporation or partnership represented by him, entered into any
combination, collusion, or agreement with any person relative to the price to be
bid by anyone at such letting nor to prevent any person from bidding not to
induce anyone to refrain from bidding, and that this bid is made without
reference to any other bid and without agreement, understanding or
combination with any other person in reference to such bidding.
He further says that no person or persons, firms or corporations has, have
or will receive directly or indirectly, any rebate, fee, gift, commission or thing
of value on account or such bid.
�
Bidder
•
For: CC 4m 1 r , _.&x,3-avri (,ora ►.
Finn or Corporation
State of Indiana )
) SS:
County of 1Ayn<. )
Subscribed and sworn to before me this 05 day of Marc) WI
2021.
Notary Public
Residing in Jo,.ync, County, Indiana
My Commission Expires:
g-a • P
o v P0,9%, Zachary Smith
- s- e�
SEAL.Q Commission No.0728387
•;l• F' - ' ,\: My Commission Exp:0812612028
•. c)F INS••
^ . 7 � DATE(MMIDDIYYYI)
AR D CERTIFICATE OF LIABILITY INSURANCE
10/14/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
PRODUCER CONTACT Courtney Amos
NAME:
Turner&Shepherd Insurance PHONE (765)855-2300 FAX (765)855-2311
(Am.No.Ext): (arc,No):
PO Box 218 E-MAIL courney@tumerinsurance.net
ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
Centerville IN 47330 INSURERA: Grange Mutual Casualty Co 14060
INSURED INSURER B: Liberty Mutual
C&M Horton Inc Stamper Wrecker Service INSURER C:
2516 Union Pike INSURER D:
INSURER E:
Richmond IN 47374 INSURER F:
COVERAGES CERTIFICATE NUMBER: CL20101417420 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL-SUBR POLICYEFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDDIYYYY) LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED 100,000
CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $
MED EXP(Any one person) $ 5,000
A Y CPP2618004 11/01/2020 11/01/2021 PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY n jEa n LOC PRODUCTS-COMP/OP AGG $ 2,000,000
OTHER $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
{Ea accident)
ANY AUTO BODILY INJURY(Per person) $
A — OWNED X AUTOS
Y CA3184795 11/01/2020 11/01/2021 BODILY INJURY(Per accident) $
AUTOS ONLY
HIRED NON-OWNED PROPERTY DAMAGE $
X AUTOS ONLY x AUTOS ONLY (Per accident)
Bus Optimum Endt $
UMBRELLALIAB _ OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
WORKERS COMPENSATIONTH-
AND EMPLOYERS'LIABILITY STA UTE ER
ANY PROPRIEfORIPARTNER/EXECUTIVE Y/N E.L EACH ACCIDENT $ 100,000
B OFFICER/MEMBEREXCLUDED? N NIA WC5-39S-381080-018 11/01/2020 11/01/2021
(Mandatory In NH) E.L DISEASE-EA EMPLOYEE $ 100,000
If yes,describe under 500,000
DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $
On Hook Coverage
A CPP2618004 11/01/2020 11/01/2021 Limit 150,000
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
CITY OF RICHMOND ACCORDANCE WITH THE POLICY PROVISIONS.
PUBLIC WORKS&ENGINEERING
AUTHORIZED REPRESENTATIVE
50 N 5TH ST
RICHMOND IN 47374 Ir�^-
I I
@ 1988-2015 ACORD CORPORATION. All rights reserved.
. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD