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Home My Public Portal About078-2011 - Purchasing - Pardo's - City Owned VCITY -OWNED VEHICLE TOWING CONTRACT SECTION 1 PARTIES THIS AGREEMENT made and entered into this _19th day of _May , 2011 and referred to as Contract No. -2011 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 Sevice, Inc (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, 2013. 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 $_50.00 $_60.00 Mileage outside City limits $150 Round trip 2) Pick-up trucks $_50.00_ $_60.00 Mileage outside City limits $150 Round trip 3) Small buses (Rose View) $_50.00_ $_60.00_ Mileage outside City limits $150 _ Round trip 4) Side loaders $100.00_ $100.00_ Per hour, Per truck 5) 3 cubic yard trash trucks $100.00_ $100.00_ Per hour, Per truck Contract No. 78-2011 Page 1 of 5 Extra Charges Axle pulls Drive line disengagements Recovery with large wrecker including operator Each additional operator Compressed air Per mile charge outside City limits SECTION 5 PROHIBITIONS AGAINST DISCRIMINATION $N. C. each $ N.C. each $_150.00 per hour $50.00 per hour $N.C. per hour $ 2.00 large wrecker 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 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 Page 2 of 5 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: Coverage A. Worker's Compensation & Disability Requirements B. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage C. Towing Liability ("On -Hook Liability") Limits Statutory $1,000,000 each person $2,000,000 each occurrence $1,000,000 each occurrence $100,000 No work or performance of services shall commence until the City is in receipt of the required certificates of insurance. 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. 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 Page 3 of 5 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. (Remainder of page intentionally left blank, signature page to follow) Page 4 of 5 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, Member S/S Anthony L. Foster, II Anthony L. Foster, II, Member Date: May 19, 2011 APPROVED: S/S Sarah L. Hutton Sarah L. Hutton, Mayor Date: May 20, 2011 WRECKER SERVICE By: —Marvin Pardo Printed: (—Marvin Pardo ) Title: President Date: April 5, 2011 Page 5 of 5