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Home My Public Portal About019-2023 - Rotation Contract - Countryside AGREEMENT FOR PARTICIPATION IN TOWING ROTATION SECTIO 1: TERM OF THE AGREEMENT AND PARTIES HIS AGREEMENT effective this lt day of April, 2023, until March 31, 2024 with an option to renew until 2025, and is entered into by the City of Richmond, Indiana, by and through its Board of Public Works and Safety (hereinafter called "City") and (hereinafter called "WRECKER SERVICE"). SECTIO 2: AGREEMENT OF WRECKING SERVICE s consideration for placement on the City's Towing Rotation list, WRECKER SERVICE agrees to be oat call twenty-four (24) hours a day, seven (7) days a week for wrecker services as needed oy the Richmond Police Department. Wrecker service shall comply with all requirements of Criteria or Regulation Rotation Wrecker Service, as promulgated by the Board of Public Works and Safety o , and amended from, time to time, which criteria are attached hereto aid labeled Exhibit "A". A towing by vehicle owner request is not a part of this Agreement and doe not remove a wrecker service from its position on the Rotation list. SECTIO I 3: PAYMENT AND FEES A. I ity is not obligated for payment of any services furnished under this Towing Rotation Agreem.nt. WRECKER SERVICE shall tow all vehicles to the City's designated impound area unless oiherwise 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 o I satisfy its claim from the proceeds of the sale of the vehicle. B. 'ECKER SERVICE shall charge only those fees as established by the Board of Public Works a d Safety. SECTISI 4: TERMINATION RECKER SERVICE may be terminated from the towing rotation upon WRECKER SERVISE'S failure to comply with the requirements of Criteria for Regulation Rotation Wrecker Service. 19-2023 L )—Rotation Contract Page lot 4 SECTION 5: INSURANCE RECKER SERVICE shall indemnify and hold the City of Richmond, its officers, agents and ernoloyees harmless from any liability resulting from the acts of WRECKER SERVICE in the course o performing duties under this agreement and further agrees to release, indemnify and hold harmles the same from any liability for any negligent acts of the City performed under this agreeme t. The indemnification shall include all costs, including attorney's fees, incurred by the City in t e defense of any claim against the City. ' CKER SERVICE will provide the City of Richmond with a Certificate of Insurance from an nsurance company approved by the Board of Works, which insurance shall be maintained at all time- during the term of this Contract. The Certificate shall name the City of Richmond as an addition.I insured party and shall show insurance coverage in the following amounts: Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Comprehensive Auto Liability Section I. Bodily Injury $1,000,000 each person $I,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence C. Towing Liability ("On-Hook Liability") $100,000 o work or performance of services shall commence until the City is in receipt of the requires certificates of insurance. Also, FAILU E TO CONTINUE TO PROVIDE PURCHASING WITH UPDATED INSU NCE COVERAGE WILL BE DEEMED UNRESPONSIVE AND MAY RESULT IN NO BEING INVITED TO PARTICIPATE IN ROTATION IN THE FUTURE. SECTIO 6: INDEMNIFICATION OF CITY I ONTRACTOR agrees to indemnify and hold harmless the CITY and its officials and employe s for all claims and liens arising out of any negligent act or omission by Page 2 of 4 CONT' CTOR or any of its officers, agents, employees or sub-contractors. The indemnity shall include .ttorney's fees and all costs and expenses arising from such liability. SECTIO 7: ASSIGNMENT 'REcKER SERVICE may not assign its rights to participate in the towing rotation to any other se ice. SECTIO 8: PROII1BITION AGAINST DISCRIMINATION rsuant to Indiana Code 22-9-1-10, Contractor, any sub-contractor, or any person acting on behalf o Contractor or any sub-contractor shall not discriminate against any employee or applicant for emplsyment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, cl•nditions or privileges of employment or any matter directly or indirectly related to employ ent, because of race,religion, color, sex, disability, national origin, or ancestry. SECTIO 9: IRAN INVESTMENT ACTIVITIES 13, rsuant to Indiana Code (IC) 5-22-16.5, CONTRACTOR certifies that CONTRACTOR is not enga:ed in investment activities in Iran. In the event CITY determines during the course of this Agreeme t that this certification is no longer valid, CITY shall notify CONTRACTOR in writing of said dete ination and shall give CONTRACTOR ninety (90) days within which to respond to the written otice. In the event CONTRACTOR fails to demonstrate to the CITY that the CONT CTOR 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 o IC 5-22-16.5. In the event the CITY determines during the course of this Agreement that this certi ication is no longer valid and said determination is not refuted by CONTRACTOR in the manner si forth in IC 5-22-16.5, the CITY reserves the right to consider the CONTRACTOR to be in breac of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period se forth above. SECTIO I 10; COMPLIANCE WITH E-VERIFY PROGRAM REQUIREMENTS P rsuant to Indiana Code 22-5-1.7, CONTRACTOR is required to enroll in and verify the work eli:ibility status of all newly hired employees of the CONTRACTOR through the Indiana E- Verify p ogram. CONTRACTOR is not required to verify the work eligibility status of all newly Page 3 of 4 • hired ern loyees of the CONTRACTOR through the Indiana E-Verify program if the Indiana E- Verify p gram no longer exists. Prior to the performance of this Agreement, CONTRACTOR shall provide t 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 C 22-5-1.7 the CONTRACTOR shall be required to remedy the violation not later than iithirty (3 ) days after the CITY notifies the CONTRACTOR of the violation. If CONTRACTOR fails to temedy 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 terminatd. If the CITY determines that terminating this Agreement would be detrimental to the public in crest or public property, the CITY may allow this Agreement to remain in effect until the CITY pr cures 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. EN WI ;ESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the T-1 day and ear first written above, although signatures may be affixed on different dates. THE CFI Y OF RICHMOND, WRECKER SERVICE INDIAN by and through its Board of Public Works and Safety 7 By ' „...,—... Vicki Ro inson, President Printed: Y- -LciLI Lc L — t Eva is, Member (.____.-- • ' Title. (1)V)Nief` sp E Pa m—er Mem er Date: 3- a-- ----2-7) ( — ----., APPROVED: --- .._ c"--- • M. S o ayor Date: 63 Z 2:3 Page 4 of 4