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HomeMy WebLinkAboutCAG2023-070 - Original - MV Towing LLC - Towing & Impound Services As-Needed - 12/28/2022Ap 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 6 CONTRACT TO PROVIDE TOWING & IMPOUND SERVICES ON AN AS.NEEDED BASIS POLICE I. GENERAL TERMS mV 7owrl.)6 LLtc. (name of towing company) (hereinafter "tow company"), has requested to be placed on the voluntary tow company rotation roster maintained by 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 Deplrtment 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 oppoftunity 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 with the Kent Police Department Towing Protocols and Policies, as currently 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 fent. Tow company further 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 needed; provided, the City may request services from companies not on the roster if none of the eligible companies are available, according to the provisions of the Towing protocols and Polilies, 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 Depaftment. F. In addition, tow company understands and agrees that this Contract is subject Contract for Towing and Impouncl Serviees Revised 09/2022 Page 1 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, should the Tow Officer develop probable cause to believe tow company has engaged in criminal activity, deliberately overcharged any customer, repeatedly violated the Towing Frotocols 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 12-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 Kent Police Department, without cause, by providing the other party with thirty (30) 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. TI. INSURANCE, LIABILITY,AND INDEMNIFICATION A. Independent Contractor Relationship. By being placed on the tow roster, tow company and its owner and 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 shall 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 and 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 the Kent Police Department's towing company rotation roster insurance of the types and in the amounts set forth 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, losses, or lawsuits, 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 of any of tow company'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. V;*ge Z al, 4 {unlrax:T {*r Trswints twu} lrvt7:aun,lrffW;},Sn?u 2. Should a couft of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to propefty 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 IMMUNIW 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 termination of this Contract. of this section II(D) shall survive the expiration or III. OTHERTERMS A. Unlawful Discrimination Prohibited. In the hiring of employees for the performance of 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, mental, or physical 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 laws, 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 strict performance of any of the covenants and agreements contained in this Contract, or to exercise 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 party gives its consent to an assignment, the terms 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 the addresses 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 [tage 3 af 4 (,artraet {tsr"Tuwing"tr unrl lrntr:awtd Sr::"vir:els ?\evis;er) A9ft.A2.2" *iif, uny 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 shall not be effective 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 parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Contract, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suil exclusively under the venue, rules and jurisdiction of the King County Superior Couit, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from 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; providid, 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 Grms and conditions and agrees to abide by the same in consideration of being placed on the Kent Police Department's tow rotation roster. [Insert Name of Tow ComPanY] TOW COMPANY fv\ U 'fa uc r nt 6 LLC CITY OF KENT Isis re of Officer for City of Kent Police Departmentl Command 'loshua Bava [Print Name and Title][Signature of Authorized Agent of Tow Company] o8;Ov c)\ o.-,t-{ Name Titlel ,1tA )yuLZ tDate sE;6af - / CONTACT INFORMATION: '4nn-s t 5\o^ A-* s lAddressl €.f st\A Boo [Address Continued] [Address Continued] e-,b 1oq qLO\ IPhone Number] IEmail] IDate Signed] CONTACT INFORMATION: Citv of Kent Police rtment [Address] ?)O 4th Ave- S- [Address Continued] Kpnt- WA qBO32 [Address Continued] 25?-856-5834 IPhone Number] lBava(OKentWA.o Contract far Tawing anr* T.rnpoun d $ervices ftevised A#/21)?.2. ra la t laanT Page 4 of 4 t' co v.zr IEmail] ACC " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 2(MM/DDN /2023 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 CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS 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 CONTACT NAME: Auto Services Division Nottingham Agency Inc. 2277 Route 33, Suite 404 PHONE FAX IC No Ext : 609-460-6230 Ext. 903 AIC No): 609-587-1661 LAIC, ADDRESS: asd@nottins.com Hamilton Square NJ 08690 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Obsidian Specialty Insurance Company 16871 INSURED MVTOWIN-01 INSURER B : Upland Specialty Insurance Company 16988 MV Towing LLC 33125 15th Ave S. INSURER C : INSURER D : Federal Way WA 98003 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1509398023 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM DDNYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY TARPX-CP-000000256-00 2/3/2023 2/3/2024 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR TED DAMAGE TO lccurrrence)$ PREMISES(E. occurrence) 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO ❑ LOC JECT X PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY TARPX-CP-000000256-00 2/3/2023 2/3/2024 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED X SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY $ B X UMBRELLALIAB X OCCUR APP151345255 2/3/2023 2/3/2024 EACH OCCURRENCE $1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A On Hook/Cargo TARPX-CP-000000256-00 2/3/2023 2/3/2024 $2,500 Ded $250,000 A Garagekeepers TARPX-CP-000000256-00 2/3/2023 2/3/2024 $500 Comp/Coll Ded $250,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Kent is an Additional Insured with regard to the General Liability and Auto Liability policies shown. 30 days cancellation notice applies, except 10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Kent 220 4th Ave S AUTHORIZED REPRESENTATIVE + Kent WA 98032 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 1/18/23, 2:17 PM MV TOWING LLC 0 STATE OF WASHINCTON Department of Labor & Industries Certificate of Workers' Compensation Coverage WA UBI No. L&I Account I D Legal Business Name Doing Business As Workers' Comp Premium Status Estimated Workers Reported (See Description Below) Account Representative Licensed Contractor? January 18, 2023 603 386 275 625,728-00 MV TOWING LLC MV TOWING LLC Account is current. Quarter 3 of Year 2022 "4 to 6 Workers" 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 .1 6.1 90). https://secure ni wa gov/verify/Detai s/ iabi ityCertificate aspx?UB=603386275&L C=&V 0=&SAW=fa se&ACCT=62572800 1/1