HomeMy Public PortalAbout028-2007 - COR - Stamper's Wrecker Service - StamperVEHICLE IMPOUND AND STORAGE AGREEMENT
THIS AGREEMENT made and entered into this _19th_ day of _April , 2007 and referred to as
Contract No. 28-2007, 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 Stamper's
Wrecker Service (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, after all parties have signed until midnight December 31,
2008.
A certain Price Request dated March 26, 2007 has been made available for inspection by Contractor, is 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 response of Contractor to said Price Request, is attached hereto as Exhibit A, which Exhibit is dated
April 5, 2007 consists three (3) pages, and is hereby incorporated by reference and made a part of this
Agreement.
The Contractor shall furnish all labor material, equipment, and services necessary for and incidental to the
proper completion of all work specified.
SECTION IL 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.
SECTION III. COMPENSATION
Contractor shall pay City the total sum of Forty -Six Thousand Four Hundred Thirty Dollars and Eighty-
two Cents ($46,430.82) for complete and satisfactory performance of the work set forth in Exhibit A.
SECTION IV. 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 December 31, 2008.
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;
Contract No. 28-2007
Page 1 of 4
b. submission by the Contractor to the City of reports that are incorrect or incomplete in any
material respect;
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
performed 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.
SECTION V. INDEMNIFICATION 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 $300,000 each occurrence
$300,000 aggregate
Section 2. Property Damage $100,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $300,000 each person
$300,000 each occurrence
Page 2 of 4
Section 2. Property Damage $100,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$1,000,000 each aggregate
SECTION VI. 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 VIL 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, terms,
conditions 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 canceled 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.
Page 3 of 4
SECTION VIIL 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 filed 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.
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,
INDIANA by and through its
Board of Public Works and Safety
S/S Vicki Robinson
Vicki Robinson, President
S/S Dian Lawson
Dian Lawson
S/S Mary Jo Flood
Mary Jo Flood
Date: Abril20.2007
APPROVED: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: April 20, 2007
CONTRACTOR
By: _S/S Carol Horton
Printed: ( Carol Horton 1
Title: President
Date: —April 26, 2007
Page 4 of 4