HomeMy Public PortalAbout080-2011 - Purchasing - Rotation wrecker serviAGREEMENT FOR PARTICIPATION IN TOWING ROTATION
SECTION 1: TERM OF THE AGREEMENT AND PARTIES
THIS AGREEMENT effective this _19th day of _May , 2011 until March 31, 2013
and is entered into by the City of Richmond, Indiana, by and through its Board of Public Works and
Safety (hereinafter called "City") and
"WRECKER SERVICE").
SECTION 2: AGREEMENT OF WRECKING SERVICE
(hereinafter called
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 May 19, 2011 , 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 AND FEES
A. City is not obligated for payment of any services furnished under this Towing Rotation
Agreement. WRECKER SERVICE shall tow all vehicles to the City'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.
Contract 80 -2011
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SECTION 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
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 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 6: 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.
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SECTION 7: ASSIGNMENT
WRECKER SERVICE may not assign its rights to participate in the towing rotation to any
other service.
SECTION 8: PROHIBITION AGAINST DISCRIMINATION
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.
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: Mav 20, 2011
By:
Printed:
Title:
Date:
WRECKER SERVICE
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