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Home My WebLink AboutCAG2023-037 - Original - ABT Towing & Recovery LLC - On-Call Towing & Impounding Services As-Needed - 12/29/2022Ap p r o v a l Originator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type: Re v i e w / Si g n a t u r e s / R o u t i n g Comments: Date Routed to the City Clerk’s Office: Ag r e e m e n t I n f o r m a t i o n Vendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached T CONTRACT TO PROVIDE TOWING & IMPOUND SERVICES ON AN AS.NEEDED BASIS POLICE I. GENERAL TERMS ABr "Tou.-rr$6 (name of towing comPanY) (hereinafter ..tow company"), has requested to be placed on the voluntary tow company rotation roster maintained'Oy the City of Kent's police department (hereinafter "City"), and the tow company has been- accepted to that roster, effective as of the last date signed below. However, tow company agrees that eligibility to remain on the towing roster is subject to the following conditions: A. Tow company agrees that, except as provided for in this Contract, the City has no legal duty to choose tow company to provide any towing and impound service, and the City,s legal obligation to use tow company is limited to the terms in this Contract and the Kent police Oep-artment Towing Protocols and Policies, which protocols and policies are hereby incorporated by this reference. B. By requesting appointment to the roster, tow company agrees that it wishes to be provided the opportunily perform law enforcement-related tows and impounds of vehicles as provided for by'law, inciuding Chapter 46.55 of the Revised Code of Washington ("RCW"). In consideration of being offered the opportunity to provide such services, tow company agrees to fully comply viitt'l tl'''" Kent Police Department Towing Protocols and Policies, as crlrrently written or hereafter amended at the discretion of the City, and tow company understands that failure to comply with the Towing Protocols and Policies shall cause tow company to be removed from the tow roster. C. Tow company understands that the City's relationship with tow company under this Contract is not exclusive. Tow company will be placed on a roster of companies that are eligible to be used to provide law enforcement-related tows and impounds within the City of Kent. Tow company furthgr agrees that it shall be used on a rotational basis, and that use of any specific company at any given time will be as provided for by the Kent Police Department Towing Protocols and Policies. D. In consideration of tow company's willingness to fully comply with the Kent police Department Towing protocols and Policies, the City agrees to only request tow and impound services from companies that are in good standing on the tow roster at the time the services are neede d; provided, the City may request services from companies not on the roster if none of the eligibie companies are available, according to the provisions of the Towing protocols and poliiies, in emergency situations, or when the owner or person with lawful possession of the vehicle at the time of contact by the Kent Police Department requests a particular tow comPanY. E. Tow company understands and agrees that the Kent Police Department's Tow Officer shall determine whether tow company has complied with the Kent Police Department Towing protocols and policies, and violations of the Towing Protocols and Policies may result in tow-company,s removal from the tow roster and the City's termination of this Contract with tow company. Tow company further understands and agrees that any appeal of the decision of the Tow Officer shall be heard and decided by the Chief of the Kent Police Department. F. In addition, tow company understands and agrees that this Contract is subject Contraci: for Tnwing and lrnpound Services Revised Agl2A2,2lsage l" of 4 to immediate termination, and tow company may be removed immediately from the tow roster and a period of ineligibility for reappointment imposed for a period of 24 months, , rn;rfO the Tow Officer devetop probable cause to believe tow company has engaged in . criminal activity, deliberately overcharged any customer, repeatedly violated the Towing protocols and policies concerning stolen vehicles, intentionally misrepresented any material fact, failed to maintain current contact information for a controlling officer or manager, committed repeat violations within any l2-month period, or failed to comply with any licensing requirement of the City of Kent, the State of Washington, or the Washington State Patrol. G. In addition to the circumstances outlined in section (IXF) above, tow company understands and agrees that this Contract may be terminated at will either by tow company or the t<ent police Department, without cause, by providing the other party with thir1y (Eb) days' advance written notice. In addition, tow company agrees that nothing in this contract shall prohibit the Kent Police Department from immediately removing tow company from the tow roster and terminating this Contract where, in the opinion of the Kent police Department, continued use of the tow company would create a danger to the public health, safety, or welfare. II. INSURANCE, LIABILITY'AND INDEMNIFICATION A. Independent Contractor Relationship. By being placed on the tow roster, tow company ana-TJiwner ano operators are performing services as provided for by- ch. 46.55 RCW and are not acting as agents for the City of Kent. Financial responsibility for tow company's services shali be as provided for by Ch. 46.55 RcW. The parties intend that an Independent Contractor/Employer Relationship be created by this Contract and agree that tow company has the ability to control and direct the performance and details of its work. B. Work Performed at Contractor's Risk. Tow company shall take all necessary precautions anO shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at tow company's own risk, and tow company shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. C. Insurance. Tow company shall procure and maintain for the duration of its inclusion on tG Kent police Depaftment's towing company rotation roster insurance of the types and in the amounts set iorth in the Kent Police Department's Towing Protocols and policies, which is hereby incorporated by this reference. Attached and incorporated as Exhibit A are true and correct copies of tow company's Certificate of Insurance and endorsement evidencing such insurance coverage. D. Indemnification and Liability. 1. Tow company shall defend, indemnify, and hold the City of Kent, its employees, officials, agents, and volunteers harmless from any and all claims, injuries, damages, iorser, or'lawluits, including all legal costs and attorney fees, arising out of or in connection with tow company's performance of this Contract, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance oi uny of tow comlpany's work when completed shall not be grounds to avoid any of these covenants of indemnification. This indemnification expressly applies to any claims, injuries, damages, losses, and lawsuits that arise due to any sale or other disposition tow company may make-of any vehicle towed or impounded by tow company under this Contract and pursuant to the procedures provided for in Ch. 46'55 RCW. ?age'Z af 4 t"*nlraet tar Tuwinr; ancl smpr:unel frW,i};_i . 2. Should a court of competent jurisdiction determine that this Contract is suuid.t to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of tow company and the City of Kent or its officers, officials, employees, agents and volunteers, tow company's liability hereunder shall be only to the extent of tow company's negligence. 3. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE TOW COMPANY'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 4. The provisions of this section II(D) shall survive the expiration termination of this Contract. or ilI, OTHERTERMS A. Unlawful Discrimination Prohibited. In the hiring of employees for the performance Jf work under this Contract or any subcontract, tow company, its subcontractors, or any person acting on behalf of tow company shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, r"itul,' or physicai disability, discriminate against any person who is qualified and available to perform the work to which the employment relates' B. Compliance with Laws. Tow company agrees to comply with all federal, state, and municipal lJws, rules, and regulations that are now effective or in the future become applicable to tow company's business, equipment, and personnel engaged in operations covered by this Contract or accruing out of the performance of those operations. C. Non-Waiver of Breach. The failure of the City of Kent in one or more instances to insist upon strrct performance of any of the covenants and agreements contained in this Contract, or to e*"rcis" any option conferred by this Contract, shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and these covenants and agreements shall remain in full force and effect. D. Assignment. Any assignment of this Contract by either party without the written consent of the non-assigning party shall be void. If the non-assigning pafty gives_its consent to an assignment, the terml'of this Contract shall continue in full force and effect and no further assignment shall be made without additional written consent. E. Written Notice. All communications regarding this Contract shall be sent to the parties at ttre aOdresses listed on the signature page of this Contract, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and notice shall be deemed sufficiently given if sent to the addressee at the address stated in this Contract or such other address as may be hereafter specified in writing. F. Modification. No waiver, alteration, or modification of any of the provisions of this Contract shall be binding unless in writing and signed by a duly authorized representative of the City of Kent and tow comPanY. G. Entire Agreement. The written provisions and terms of this Contract, together [lagu 3 af 4 ean?.ract. tar f r;v,tirsg and l.nsptNsn.,_rfrV],irsr?r wlth any exhibits or documents incorporated by reference, shall supersede all prior verbal statements of any officer or other representative of the City of Kent, and such statements ,[Ji:not be effeciive or be construed as entering into or forming a part of or altering in any manner this contract. However, should any language in any of the incorporated documents or exhibits conflict with any language contained in this Contract, the terms of this Contract shall prevail. H. Resolution of Disputes and Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Washington. If the pafties are unable to settle any dispute, difference or claim arising from the parties' performance of this Contract, the exclusive'means of resolving that dispute, differenc-e or claim, shall only be by filing suii exclusively under the venue, rules and jurisdiction of the King County Superior Cou-rt, King County, Washington, unless the parties agree in writing to an alternative dispute resolution proc"ss. In any ctaim or lawsuit for damages arising ftgT the parties' performance of this Contract, each party shall pay all legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provid6d,-nothing in this paragraph shall be construed to limit the City of Kent's right to indemnification. I. Agreement to All Terms. By its signature below, tow company accepts the above-stated terms and conditions and agrees to abide by the same in consideration of being placed on the Kent Police Department's tow rotation roster. TOW COMPANY CITY OF KENT AB*i- Totdihlq [Insert Name of Tow ComPanY]Isi for City of Kent Police Departmentl Com nder Joshua VA of Authorized Agent of Tow ComPa nvl IPrint Name and Title] of \h IPrint Name and Title] n -Lq -22 IDate Signed] CONTACT INFORMATION: jitz s tsh Ar-o- S [Address] [Address Continued] [Address Continued] ZCI 6 (ll ,1 5v1 IPhone Number] lEmaill I af ar /aoa a IDate Signed] CONTACT INFORMATION: Citv of Kent Police oartment [Address] 220 4 th Ave. S. [Address Continued] Kent,WA 98032 lAddress Continuedl 253-8 6-5834 IPhone Number] lBava(OK ntWA oov t*ntracL {or T<swintS *nrl l.rnSsatuld $*rvir:t:t; ltevised A9/2.*?2 S slt Vagt.4 af 4 Wr @ . L@"4 IEmail] Ar STATE OF HiiASHINGTON Department of Labor & Industries Certificate of Workers' Compensation Coverage WA UBI No. L&I Account ID Legal Business Name Doing Business As Workers' Comp Premium Status Estimated Workers Reported (See Description Below) Account Representative Licensed Contractor? January 20, 2023 604 053 846 351,208-00 ABT TOWING & RECOVERY LLC ABT TOWING & RECOVERY LLC Recently opened account, no premiums are due or owed at this time. N/A Employer Services Help Line, (360) 902-4817 No What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51 .1 2.050 and 51 .16.1 90). CERTIFICATE OF GARAGE INSURANCE DATE (MM/DD/YYYY) 01t06t2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFIGATE HOLDER, IMPORTANT: lf certificate holder is an ADDITIONAL INSU RE D, the policy(ies) must be endorsed. lf SUBROGATION lS WAIVED' subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Alexandre Lamberg Agency 2130 Westlake Ave N Ste 3 Seattle, WA 98109 GONTACT NAMF.Alexandre Lamberg ll'P\E^ -..,. 206-992-4392 866-228-1316 alamberg@farmersagent.com INSURER(S) AFFORDING COVERAGE NAIC # rNsuRER A: National lndemnity Company INSURED ABT TOWING AND RECOVERY LLC 33125 15th Ave S Federal Way, WA 98003 rNsuRER B: Colony lnsurance Co lNsuRER c: Golden Bear lnsurance Co INSURER D: INSURER E: INSIIRER F : COVERAGES PROD/CUSTOMERID:CERTIFICATE #:REV|StON #: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRItp TYPE OF INSUMNCE tNsn POI ICY NIIMBER POLICY EFF rMM/ND'YYYYI POLICY EXP .MM/DD/YYYY}LIMITS A GARAGE LIABILITY ALLoWNED T--HIREDAUTOSAUTOS L I ONLY NON-OWNED AUTOS USED IN GARAGE BUSINESS 71TRR25201 I o2t03t22 02t03t23 AUTO ONLY (Ea accident)$ 1,000,000 OTHER THAN AUTO ONLY EA ACCIDENT $ AGGREGATE $ A GARAGE KEEPERS LIABILITY LEGAL LIABILIry X DIRECT BASIS PRIMARY EXCESS 71TRR25201 I 02t03t22 02t03t23 UOMP / oTc LOC LOCSPECIFIEDDFtrII q s 50,000 c 50,000 coLLtstoN Loc LOC c 50,000 s B GENERAL LIABILIry COMMERCIAL GENERAL LIABILITY .LATMS-MADE Xl o""r* GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY LOC GP8502963 02103122 02t03t23 EACH OCCURRENCE $ 1,000,000 Itrt\ I EU s 100,000 MED EXP lAnv one oorson)s 5,000 PERSONAL & ADV INJURY s 1,000,000 GENERAL AGGREGATE s 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 s c UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE G8X53000232-00 02t03t22 02t03t23 EACH OCCURRENCE $ 2,000,000 X AGGREGATE $ DED RtrTtrNTION S $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORYPARTNEFYEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory ln NH) lf yes, describe under Ptr^/AP(q hal^$, Y/NE N/A WC STATU-otH- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIIVlIT $ A ln Tow/On Hook 71TRR25201 I 02t03t22 02t03t23 $250,000 REMARKS (AttachACORDl0l,AdditionalRemarksSch€dule,ifmorespaceisrequired) Certificate holder is additional insured on the policy 30 day notice of cancellation will be provided HOLDER O 2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Alexandre Lamberg City of Kent 220 Fourth Ave S Kent, WA 98032 ACORD 30 (20'tOI12l