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HomeMy Public PortalAbout018-2023 -  Impound Contract VEHICLE IMPOUND AND STORAGE AGREEMENT THIS AGREEMENT made and entered into this_ I day of iSt 0-11 2023, and referred to as Contract No. 18-2023, 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 Pardo's Service, inc., 2147 US Highway 35 North, Richmond, Indiana, 47374 (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, atter all parties have signed until midnight March 31, 2024, with the Option to renew until 2025. A certain Price Request dated February 16, 2023, 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 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. The City's Police department may also request Contractor provide towing of specific vehicles to the Police Department's vehicle evidence location at 403 South Q Street, in Richmond. Contractor shall invoice the owner of the vehicle in the event a vehicle is towed to South Q Street at the request of the Richmond Police Department. Contractor shall also accept any vehicles towed or transported to Contractor in accordance with an affirmed order issued by the Unsafe Building Commission pursuant to IC 36-7-9-1 et seq. in addition to the impounded or abandoned vehicles received by Contractor. City agrees that City, by and through its Enforcement Authority, will provide Contractor with VIN numbers for each vehicle which is being towed or transported pursuant to an Unsafe Building Commission order. City also agrees that City shaft require any person or entity retained to deliver the vehicles pursuant to an Unsafe Building Order to only deliver the vehicles during Contractor's regular posted impound business hours. Contract No. 18-2023 - - SECTION III: CRITERIA FOR IMPOUNDED VEHICLES RELATED TO POLICE CUSTODY Contractor shall abide by additional criteria in the event a specific vehicle is requested by the Richmond Police Department to be processed before, during, or after impound in accordance with lawful care, custody, and control measures. Specifically, when towing vehicles that are to be processed for evidence, Contractor and/or its drivers shall consult the officer who requested the tow for special instructions on a case-by-case basis. Contractor and/or its drivers shall always wear clean latex or clean protective gloves when touching the interior or exterior of any vehicle that is to be processed for evidence. If at all possible, Contractor and/or its drivers shall avoid entering the vehicle. Vehicles which are taped off by the Police Department should not be entered without express authorization from the officer who requested the tow. SECTION IV. COMPENSATION Contractor shall pay City the total sum of Twelve Thousand Dollars and Zero Cents ($12,000.00) for each yearly term of this Agreement and for complete and satisfactory performance of this Agreement. The undersigned hereby understands and acknowledges that City shall send bi- annual invoices regarding the 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 °A) every 30 days. SECTION V. ADDITIONAL CONSIDERATION The City and Contractor understand, acknowledge, and agree that Contractor, which had been under different ownership in prior years, is still currently in arrearage and remains in arrearage for the full amount due and owing by Contractor due to Contractor's 2009 impound bid and the subsequent contract executed by Contractor on March 16, 2009, which Contract is incorporated herein by reference. Contractor had promised to pay the full amount of$75,566.00 during the two-year term to the City in addition to late penalties in accordance with its 2009 bid and the executed 2009 contract. The Parties agree that the current owner of Contractor had acknowledged in writing on February 25, 2019, that Contractor wanted, among other things, to be in good standing with the City, and had acknowledged that the prior 2009 Contract had never been paid. Due to the passage of time, and acknowledging it would be difficult for City to attempt to collect the past due amounts in a court of law, the Parties also acknowledge that this Agreement incorporates a way for the Contractor, under its new ownership, to move forward with attempting to bring Contractor into good standing. In lieu of continuing to deem Contractor as non-responsible for purposes of disallowing Contractor to bid on future impound bids, it is incumbent upon the Parties to make attempts to negotiate this Agreement with the following additional protections to permit the Contractor to eventually enter back into good standing with the City. Due to this joint understanding, as well as the City's ongoing stance that the amount due and payable under the prior 2009 contract is still due and owing by Contractor to the City, the City, in accordance with Richmond City Code (RCC) Chapter and Section 41.11(k), herein opts to require a performance bond prior to entering into this Agreement, in such amount as is reasonably necessary to protect the best interests of the City and its citizens. As such, the Parties further understand, acknowledge, and agree that Contractor shall procure and maintain, at its own expense, a performance bond in the amount of Fifty Thousand Dollars and Zero Cents ($50,000.00) for the entirety of the term of this Agreement and for the entirety of any future term in the event the City exercises its option to renew this Agreement through the subsequent year or enters into any future impound agreements thereafter. In the event this Agreement is satisfactorily completed by the Contractor, the City reserves the right -2 - to insert this bond requirement in future impound agreements the City may enter into with Contractor. This performance bond and/or any extensions of the same shall be obtained and in place prior to or simultaneous with Contractor's execution of this Agreement as well as any future impound agreements containing this provision. The performance bond(s) are required to and shall survive bankruptcy, mergers, consolidations, dissolution, and/or disinterest (abandonment) of Contractor. In light of the City temporarily granting Contractor with another chance to comply with a new contract by entering into this Agreement with Contractor, and in addition to waiving the late penalties due and owing by Contractor in accordance with the 2009 contract, the required performance bond is deemed by the Parties to be adequate, good, and valuable additional consideration for purposes of this Agreement and for purposes of allowing Contractor to achieve its prior wish to he in good standing with the City. In the event Contractor timely pays City each Compensation amount set forth above pursuant to this Agreement during each term of this Agreement and during each additional term of this Agreement and in addition to any future yearly terms for future impound agreements, not to exceed four (4) yearly terms, then the City will forgive the remainder of the 2009 principle debt still due and owing after said payments are completely paid in full, and will remove Contractor from its status as non- responsible due to the past-due debt described above and herein. SECTION VI. 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, 2024, with the City retaining an option to renew this Agreement, under the same terms and conditions, until March 31, 2025. 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 respoct; 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. In the event of such termination, the Contractor shall be required to make payment to City for all work perfors ed prior to the effective date by Contractor, but shall be relieved of any other 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. - 3 - SECTION VILINDEMNIFICATION 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 VIII. 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 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 IX. 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, -4 - • terms, conditi is 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: 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 X. 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 XI. 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 L-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana [-Verify program if the Indiana [-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 -5 - 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 co3tractor. 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 XII. 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 X111. 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 tiled in said courts. 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. [Signature Page to Follow.] -6- • 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 - , ,--/- C kl4 By: — 0"-- ow e r Vicki Robinson, President Paul Pardo, Owner and President Date: c. • / Matt Evan, Member _,- E ily Palmer, Member Date: APPROVED: --j-• yor Date: -7 - 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 Tx/it STafr-io By: Paul S Pardo(Mar Da.,)3 16 58 EDI) Vicki Robinson, President Paul Pardo, Owner and President Date: Mar 30 2023 Matt Evan, Member Emily Palmer,Member Date: APPROVED: - DT/ Sno ayor Date: eV ) - 7- , • I I I17I7I1I Final Audit Report 2023-03-30 Created: 2023-43-30 By: BBFCS Attorneys(jlipps@bbfcslaw.com) Status: Signed Transaction ID: CBJCHEICAABAAup9kvToz2NADORdoMpreWHVVp_w2pwYh- "20230330170704102" History t Document created by BBFCS Attorneys (jlipps@bbfcslaw.com) 2023-03-30-843:05 PM GMT :1'4, Document emailed to paulpardo410@gmail.com for signature 2023-03-30-8:43:40 PM GMT t Email viewed by paulpa-do410@gmail.com 2023-03-30-849:38 PM GMT & Signer paulpardo410@gmail.com entered name at signing as Paul S Pardo 2023-03-30-8:58:41 PM GMT Document e-signed by Paul S Pardo (paulpardo410@gmail,com) Signature Date:2023-03-30-85843 PM GMT-Time Source:server wr Agreement completed. 2023-03-30-858:43 PM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted. Adobe Acrobat Sign 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, 2024 with the option to renew until 2025, for a fte of$ l , CTçc)29 per year, payable to the City Controller of Richmond, Indiana, hi-annually, as follows: pr,1 One payment of ()00 on the 1 5'h day of A , of each year. 0 cp One payment of$ on the 15'h 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(I %) EVERY 30 DAYS. Said storage is located at; / / )(22L-77-11 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 j-11)ti‘ , 2023. \ OD • (Company Name) By: (Owner or Operator) (Address) (Telephone Number)