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HomeMy Public PortalAbout014-2015 - City Owned VehiclesCITY -OWNED VEHICLE TOWING CONTRACT SECTION 1 PARTIES THIS AGREEMENT made and entered into this � � day of 2015, and referred to as Contract No. 14-2015 by and between the City of Richmond, diana, a municipal corporation actr gg y and through its Board of Public Works and Safety (hereinafter referred to as the "City") and ��(�� �p�_`AQ— (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 through March 31, 2017. 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.): DAYS NIGHTS 1) Automobiles $� $OG Mileage outside City limits $ of .° o Round trip 2) Pick-up trucks $ ('0S60 o O $ $�y, Mileage outside City limits $" Round trip 3) Small buses (Rose View) $_b0 $ ((jy . a0 Mileage outside City limits $ a Round trip 4) Side loaders $ f SO, vv $ /,5-0, OCR Per hour, Per truck 5) 3 cubic yard trash trucks $ 4S0vU $ /Sa 06 Per hour, Per truck Contract No. 14-2015 Page i of 5 Extra Charges Axle pulls $ r75 ©0 each Drive line disengagements $ �75 0 0 each oa Recovery with large wrecker including operator $375 • per hour Each additional operator $ 66 per hour. Compressed air $_fee per hour Per mile charge outside City limits $_q1 oa large wrecker SECTION 5 PROHIBITIONS 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 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 Page 2of5 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 8 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 E- Verify program. CONTRACTOR is not required to verify the work eligibility status of all newly hired employees of the CONTRACTOR through the Indiana E-Verify program if the Indiana E- 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 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 CONTRACTOR. 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 9 LIABILITY INSURANCE CONTRACTOR shall indemnify and hold the City of Richmond, its officers, agents and employees harmless from any liability resulting from the acts of CONTRACTOR in the 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. CONTRACTOR will provide the City of Richmond with a Certificate of Insurance from an insurance company approved by the Board of Works, which insurance shall be maintained at all times during the term of this Contract. The Certificate shall name the City of Richmond as an additional insured party and shall show insurance coverage in the following amounts: A. C. Coverage Worker's Compensation & Disability Requirements Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage Towing Liability ("On -Hook Liability") Limits Statutory $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence $100,000 Page 3 of 5 No work or performance of services shall commence until the City is in receipt of the required certificates of insurance. Also, FAILURE TO CONTINUE TO PROVIDE PURCHASING WITH UPDATED INSURANCE COVERAGE WILL BE DEEMED UNRESPONSIVE AND CAN RESULT IN NOT BEING INVITED TO PARTICIPATE IN FUTURE TOWING BIDS. SECTION 10 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 subcontractors. The indemnity shall include attorney's fees and all costs and expenses arising from such liability. SECTION 11 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. SECTION 12 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 13 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 14 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 15 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 16 ASSIGNMENT OF CONTRACT CITY. This contract shall not be assigned by CONTRACTOR without the written consent of the Page 4 of 5 SECTION 17 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. 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 lzllel�u -A& �,� � Vicki Robinson, President 7L�& 4FI-c- Richard Foore, Member A Date: 3 �X,2 2 � APPROV Sarah L. Hutton, Mayor Date: WRECKER SERVICE By. Printed: Title: Date: a' ;�z a l Page 5 of 5 03/05/2015 07:53 FAX PACIFIC &EW INS AGCY.INC 10 001/001 PAROOSS OP ID: IY CERTIFICATE OF LIABILITY INSURANCE D"780MeOMI'" THIS CERTIFICATE M ISSUED ASA NATTER OF INFORMATIOII ONLY AND CONFERS NO RIGHT11 UPON THE CERTIFICATE HO D01TNLR CfRTPICAIE DOES NOT AFFM MATWELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COYERAW AFFORDED BY THE POLICIES BELOW. THIS txIITIPICATE OF INKMNC1 DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(3k AUTHORN:ED REPRUENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDLIL IMFORTAN : Y tho a Is hsadar 1e fin ADDITIONAL INEURM tho PollcXlu) must be sndwnawd. E SUBRO"T10N M WANED, mAjoet to the UMo and aondhloea of the polM cwwn pollelea Issy mqulh on ondorsoamL A ebb Ism t on thk tw"Gallw doss nat comer rally to the h dor in Sou of such andasslnsnUsi. 6O'- Rldes GsnsraI ILnie s. AM Wd. III$URlD Emle'e ToWNnS 11, Awe meaoAm Pwiwf gain A swvlw 2147 U.& 35 North RIchn W, IN 473ft a! LIBERTY THIS IS TO CERTIFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE EEEN ISSUED TO THE WOUND k4wED AEOVE FOR TNIE Pouev mum) INDICATED. NOrWITm&ANwYG ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCU1AcNT WITH RESPECT 10 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE IN8URANCE AFFOMW Sy rNE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEOW. "MUSIONB AND CQNDIT1001S OF SUCH POLICIES. LIMITS SWWdM MAY MAVE SEEN REDUCED BY PAID CAM. rvra er �aruloa aEwau uael►mr ularq B RGAL GENT �L UAlaLnY NI CtAUA01 I X I OCCUR L AOOREW119 ► AT AIFUn MR: AUTOYOW LAMITY A my auro wNFg*= NX I MILILM X IaREo AUTas AUT� ""I"Wa OCCUR aanaso VAe I Al uw B A�I�pnOrR,CtORIART►w�R�euTaa /r CFFICEwMaraaRaxC►uoao+ b MIA 1WAM141 1t#fESfM9 ( MAN OCCURRIMOR I I 1A00AOI I 10!li12014 I talsi170es some v&mw rw,q m i I EDGILY WmRY (hr colony a 010=2a1E I IM13WMB A EKEEPER LEGAL OWKf=?& a 10/26m% IN28ls016 A 77cm K I CARGO PTC WK00eO7a.0a 1 OI2SI2014 1Ql2 01 S aaseRrnolloroFalu7laMall.oGrwwlvnsu.aa µR..�acvac+a,ire...,�.w.r.I.,N.n.�.rwl•nar,.�l (Ut K ; J J C LA/ RICHMON CITY OF RICHMON D, IT$ OFFICERS AGE M AND EMPLOYEES EO N. ETH &TREET RICHMOND, IN 473V4 MIN 360,0W 380K RIM !MOULD AW OR THE ADM 0110CAM FOUCM Of CANCELLED SIMME THE EWSIATION CATE THEREOF, NOTICE WALL BE DELNE IN ACCOAOMIC! VATH 1HE POLICY FROYIeMS, AurroaRoaerRassrrAma aoC..D�1�,i ACORD 26 (2010" O IM-2010 ACORD CORPORATION, AN fiEhb re"mod, The ACORD owns and lop set malebred marks of ACORO