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HomeMy Public PortalAbout019-2023 - Rotation Contract - Christopher's Automotive, LLC AGREEMENT FOR PARTICIPATION IN TOWING ROTATION SECTION I TERM OF THE AGREEMENT AND PARTIES THIS AGREEMENT effective this 13 day of March, 2024, until March 31, 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 L./LK:(hereinafter called "WRECKER SERVICE"). SECTION 2: AGREEMENT OF WRECKING SERVICE As consideration for placement on the City's Towing Rotation list, WRECKER SERVICE agrees to be on call twenty-four (24) hours a day, seven (7) days a week for wrecker services as needed by the Richmond Police Department. Wrecker service shall comply with all requirements of Criteria .for Regulation Rotation Wrecker Service, as promulgated by the Board of Public Works and Safety on ? , and amended from time to time, which criteria are attached hereto and labeled Exhibit "A". A towing by vehicle owner request is not a part of this Agreement. and does not remove a wrecker service from its position on the Rotation list. SECTION 3: PAYMENT ANI) FEES A. City is not obAigated for payment of any services furnished under this Towing Rotation Agreement. WRECKER SERVICE shall tow all vehicles to the C".ity'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 or satisfy its claim from the proceeds of the sale of the vehicle. B. WRECKER SERVICE shall charge only those fees as established by the Board of Public Works and Safety. SECTION 4: TERMINATION WRECKER SERVICE may be terminated from the towing rotation upon WRECKER SERVICE'S failure to comply with the requirements of Criteria for Regulation Rotation Wrecker Service. SECTRIYN 5: INSURANCE WRECKER SERVICE shall indemnify and hold the City of Richmond, its officers, agents and employees harmless from any liability resulting from the acts of WRECKER SERVICE in the Page I or 5 3 course of performing duties under this agreement and further agrees to release, indemnify and hold harmless the same from any liability for any negligent acts of the City perfOrmed under this agreement. The indemnification shall include all costs, including attorney's fees, incurred by the City in the defense of any claim against the City. WRECKER SERVICE, will provide the City of Richmond ‘vith a Certificate of Insurance from an insurance coumany approved by the Board of Works, which insurance shall he maintained at all times during the term of this Contract. The Cc.Ttilicate shall name the City of Richmond as an additional insured party and shall show insurance coverage in the following amounts: Coverage Limits A. Worker's Compensation & Statutory Disability Requirements 13. Comprehensive Auto Liability Section 1 Bodily Injury S1,000,000 each person S1,000,000 each occurrence Section 2. Property Damage S1,000,000 each occurrence C. 'lowing Liability (-011-1 look 1,iability-) SI 00.000 No work or performance of services shall commence until the City is in receipt of the required certificates of insurance. Also, FAILURE TO CX)NTINUE To PROVIDE PURCHASING WITH 'UPDATED INSURANCE COVERAGE WILL BE DEEMED UNRESPONSIVE AND MAY RESULT IN NOT BEING INVITED To PARTICIPATE IN ROTATION IN THE FUTURE. SVC11.`IQN.6: INDLMNIFIcATIONprs1 FY CON 1 RA( FOR agrees to indemnify and hold harmless the CITY and its officials and employees for all claims and liens arising out of any negligent act or omission by ('ON ! RACI OR or any of its officers, agents, employees or sub-contractors. The indemnity shall include attorney's fees and all costs and expenses arising from such liability. SIL';c11 ION 7: WRECIK LR SERVICE', may not assign its rights to participate in the towing rotation to any other service. Page;,/, of IN pursuant to IC 22-5-1.7-13 (c) the CONTRACTOR will remain liable to the CITY fbr actual damages. IN WITNESS WHERLOF, the parties have executed this Agreement at Richmond, Indiana, as orthe day and year first written above, although signatures may he affixed on different dates. THE CIfY OF RICHMOND, WRECKER SERVICE INDIANA by and through its Board of Public Works and Safety By:Emily Palmer,Palmer, President Printed:/)e eie) ze),-; ) fr Matt Evans, 1We ber /(,) _ Title: (' Jartrikropcman, ember Date: ?)"" APPROVED: • ,'„ Ron Oler, Mayor Date: 3-?-2a Page of