HomeMy Public PortalAbout029-2007 - COR - H & H Wrecker Service - TowingCITY -OWNED VEHICLE TOWING CONTRACT
SECTION 1 PARTIES
THIS AGREEMENT made and entered into this _19th day of _April , 2007 and referred to
as Contract No. 29-2007 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 H & H Wrecker Service (hereinafter referred to as the "Contractor").
SECTION 2 TERM OF CONTRACT
The term of the contract shall become effective, as of the day and year first written above,
after all parties have signed and shall continue in effect from through December 31, 2008.
SECTION 3 SPECIFICATION FOR PERFORMANCE
CONTRACTOR shall render all services necessary for towing CITY owned vehicles
upon request by appropriate City personnel. CONTRACTOR will respond to calls for towing
within a reasonable time.
SECTION 4 PAYMENT
The CITY agrees to pay CONTRACTOR for actual towing performed according to the
following schedule for days (8:00 a.m. to 5:00 p.m.) and nights (5:01 p.m. to 7:59 a.m.):
1) Automobiles
2) Pick-up trucks
3) Small buses (Roseview)
4) Side loaders
5) 3 cubic yard trash trucks
Extra Charges
Axle pulls
Drive line disengagements
Recovery with large wrecker including operator
Each additional operator
Compressed air
Per mile charge outside City limits
TIAVC NTG14TC
$50.00
$60.00
$50.00
$60.00
$50.00
$60.00
$125.00
$135.00
$125.00
$135.00
Included in hourly charge
Included in hourly charge
Included in hourly charge
Included in hourly charge
Included in hourly charge
$2.50 large wrecker
Contract No. 29-2007
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SECTION 5 PROHIBITION AGAINST DISCRIMINATION
A. In the hiring of employees for the performance of work under this contract or any
sub -contract hereunder, neither CONTRACTOR, nor any person acting on behalf of
CONTRACTOR, shall, by reason of race, religion, color, sex, national origin or ancestry,
discriminate against any citizen of the state of Indiana who is qualified and available to perform
the
work to which the employment relates.
B. Neither CONTRACTOR, nor any person on its behalf, shall in any manner,
discriminate against or intimidate any employee hired for the performance of work under this
contract on account of race, religion, color, sex, national origin or ancestry.
C. There may be deducted from the amount payable to CONTRACTOR by the CITY a
penalty of $5.00 for each person for each calendar day during which such person was
discriminated against or intimidated in violation of the provisions of this contract. This contract
may be cancelled or terminated by the CITY, and all money due or to become due hereunder
shall be forfeited for a second or any subsequent violation of the terms or conditions of this
contract relating to discrimination or intimidation.
SECTION 6 COMPLIANCE WITH WORKER'S COMPENSATION LAW
CONTRACTOR shall comply with all provisions of the Indiana Workman's
Compensation law, and shall, before commencing work under this contract, 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.
SECTION 7 LIABILITY INSURANCE
CONTRACTOR shall carry liability insurance for bodily injury and property damage in
the minimum amount of $1,000,000.00 and provide and continue to update the CITY with a
certificate of said coverage at all times
SECTION 8 INDEMNIFICATION OF CITY
CONTRACTOR 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
CONTRACTOR 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.
SECTION 9 COMPLIANCE
CONTRACTOR shall comply with all federal and state laws that apply to the operation
of wrecker services and shall furnish copies of all licenses, permits or other documentation
required for compliance.
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SECTION 10 DEFAULT
CONTRACTOR shall be in default upon the failure to perform any term of this contract.
Upon default, CITY may send CONTRACTOR a written notice of default. If CONTRACTOR
fails to correct the default within 10 days after such notice, CITY shall have the authority to
cancel this contract and enter into an agreement with another wrecker service.
SECTION 11 UNAVAILABILITY OF FUNDS
If funds become unavailable for the fulfillment of this agreement, the CITY shall have
the right to terminate this agreement at any time without penalty by giving written notice thereof
to CONTRACTOR. The CITY shall remain liable for all services rendered by CONTRACTOR
up to the date of termination,
SECTION 12 NOTICE
Any notices required to be given under this agreement shall be mailed by certified mail,
return receipt requested, addressed to the party to be notified at the address set forth below:
ATTN: City of Richmond Purchasing Director 50 North 5th Street Richmond, IN 47374
SECTION 13 EXTENT OF THE AGREEMENT
This contract constitutes the entire agreement between the parties and any amendments,
additions, or deletions hereto shall be in writing, signed by the parties and attached to this
contract.
SECTION 14 ASSIGNMENT OF CONTRACT
This contract shall not be assigned by CONTRACTOR without the written consent of the
CITY.
SECTION 15 SEVERABILITY AND ENFORCEMENT
In the event that any provision of this agreement is, held invalid by a court of competent
jurisdiction, the invalidity of the provision shall not affect any other provision of this agreement.
Failure of either party to insist on strict compliance with the provisions of this agreement shall
not constitute a waiver of that party's right to demand later compliance with the same or other
provisions of this agreement.
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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.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
By:_S/S Vicki Robinson
Vicki Robinson, President
Date: April 19, 2007
APPROVED: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: April 20, 2007
"CONTRACTOR"
H & H Wrecker Service
By:_S/S David L. Hunter
Printed: (—David L. Hunter )
Title: Owner
Date: April 27, 2007
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