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
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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
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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.
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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,
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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
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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.]
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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:
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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 )
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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.
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• (Company Name)
By:
(Owner or Operator)
(Address)
(Telephone Number)