HomeMy Public PortalAbout019-2023 - Rotation Contract - Stamper's AGREEMENT FOR PARTICIPATION IN TOWING ROTATION
SECTI I TERM OF THE AGREEMENT AND PARTIES
IHIS AGREEMENT effective this 1 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
Ag, ?PT (hereinafter called"WRECKER SERVICE").
SECTIO 2: AGREEMENT OF WRECKING SERVICE
• s consideration for placement on the City's Towing Rotation list, WRECKER SERVICE
agrees t be on 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 a Id 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.
SECTIG 3: PAYMENT AND FEES
A. 4 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 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 o 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.
SECTI• 4: TERMINATION
RECKER SERVICE may be terminated from the towing rotation upon WRECKER
SERVI OE'S failure to comply with the requirements of Criteria for Regulation Rotation Wrecker
Service.
19-2023 ( )—Rotation Contract
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SECTI N 5: INSURANCE
• " ,KER SERVICE shall indemnify and hold the City of Richmond, its officers, agents
and em•loyees harmless from any liability resulting from the acts of WRECKER SERVICE in the
course t 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 e defense of any claim against the City.
ECKER SERVICE will provide the City of Richmond with a Certificate of Insurance
from an surance 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.] 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 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $1,000,000 each occurrence
C. Towing Liability ("On-Hook Liability") $100,000
a work or performance of services shall commence until the City is in receipt of the
requir• I certificates of insurance. Also,
FAIL !'E TO CONTINUE TO PROVIDE PURC • ING WITH UPDATED
ENSU NCE COVERAGE WILL BE DEEMED UNRESPONSIVE AND MAY RESULT
IN NO BEING INVITED TO PARTICIPATE IN ROTATION IN THE FUTURE.
SECTIO 6: INDEMNiEICATION 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
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CON ' CTOR or any of its officers, agents, employees or sub-contractors. The indemnity shall
include .ttoraey's fees and all costs and expenses arising from such liability.
SECTI I 7: ASSIGNMENT
RECKER SERVICE may not assign its rights to participate in the towing rotation to any
other se ice.
SECTIO 8: PROHIBITION 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 employment to be employed in the performance of this Agreement, with respect to hire, tenure,
terms, cinditions 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.
E TIO 9: IRAN INVESTMENT ACTIVITIES
' rsuant to Indiana Code (IC) 5-22-16.5, CONTRACTOR certifies that CONTRACTOR is
not enga:sd 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
CONTR 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 'cation is no longer valid and said determination is not refuted by CONTRACTOR in the
manner s-t 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.
SECTIS I 10: COMPI.IANCE WITH E-VERIFY PROGRAM REQUIREMENTS
P rsuant to Indiana Code 22-5-1.7, CONTRACTOR is required to enroll in and verify the
work eliibiLiity status of all newly hired employees of the CONTRACTOR through the Indiana E-
Verify p • 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 t) the CITY its signed Affidavit affirming that CONTRACTOR does not knowingly employ
an unautiorized 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
thirty (3 ) i. s after the CITY notifies the CONTRACTOR of the violation. If CONTRACTOR
fails to emedy 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-ere 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
1
IN W1TN,ESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the
day and rear first written above, although signatures may be affixed on different dates.
THE CITY OF RIC i OND, 'ECKER SERVICE
INDIAN. by and through its
Board of 'ublic Works and Safety
,
/6,6t,
Vicki Ro inson, President ,....
liat Ai ' Printed .,,-/-7,-:_..7://4--/ (7,-.•oe ' /2
, ,. v. s, Member
....
Title: 2
AP /
E ily Pa r,Member Date: //1/7/ ,9/' .."/ ,>23
(----,
.--_, -
APPRO .
• IaaVid M. Syor
Date:_ i 2:3
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