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HomeMy WebLinkAboutSBPD Towing Contract - Authorize Negotiations Aug. 2024 - 2027 – ASAP Towing & Hamilton’s Towing1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS August 8, 2024 Ms. Rebecca Badders ASAP Towing & Recovery 1906 S. Olive St. South Bend, IN 46613 Becki.baddersasaptowin yahoo.com RE: Proposal Award — South Bend Police Department Towing Contract Dear Ms. Badders: At its August 8, 2024 meeting, the Board of Public Works approved the contract with you for Towing Services for three (3) years starting August 1, 2024 to July 31, 2027. Enclosed please find the original of the proposal for your signature. Please sign and return the original proposal to lhensleygsouthbendin.gov. Please retain a copy for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS August 8, 2024 Mr. Steven Hensley Hamilton's Towing 1733 S. Michigan St. South Bend, IN 46613 Froggysauto 14kgmail.com RE: Proposal Award — South Bend Police Department Towing Contract Dear Mr. Hensley: At its August 8, 2024 meeting, the Board of Public Works approved the contract with you for Towing Services for three (3) years starting August 1, 2024 to July 31, 2027. Enclosed please find the original of the proposal for your signature. Please sign and return the original proposal to lhensleygsouthbendin.gov. Please retain a copy for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS August 8, 2024 Ms. Brooklyn Nelson Big Bulldog Towing 3700 S. Gertrude St. South Bend, IN 46614 bi b� t�gkgmail.com RE: Proposal Award — South Bend Police Department Towing Contract Dear Ms. Brooklyn Nelson: At its August 8, 2024, meeting, the Board of Public Works approved the contract for the referenced proposal to ASAP Towing & Recovery and Hamilton's Towing. Thank you for your proposal, and we hope you bid with us in the future. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou 701 W. SAMPLE STREET SOUTH BEND, INDIANA 46601-2890 CITY OF SOUTH BEND ,JAMES MUELLER, MAYOR PHONE 574/235-9311 FAx 574/288-0268 SOUTH BEND POLICE DEPARTMENT SCOTT A. RUSZKOWSKI, CHIEF OF POLICE Board of Public Works July 15", 2024 City of South Bend, Indiana Honorable Board Members, The South Bend Police Department is requesting Board approval to award two contracts for the 2024-2027 SBPD Towing Contract. The terms of this contract would be for three (3) years and effective August 15Y, 2024 to July 31 s`, 2027. A one-year extension maybe granted upon favorable review of the police department. All RFPs received in this process underwent a vigorous review and scoring process. At this time, we are pleased to announce that the two highest scoring companies are: ASAP Towing and Hamilton's Towing. The Saint Joseph County 911 Center will be notified of the upcoming changes to SBPD's towing companies. In past practice, SBPD has alternated assigned towing days based on company names in alphabetical order. Therefore, ASAP Towing will be assigned all odd calendar days (starting 8/1/24) and Hamilton's Towing will be assigned all even calendar days (starting 8/2/24). Thankyou, SGT Aaron M. Knepper #2174 Logistics Officer- Support Division South Bend Police Department 701 W. Sample St. South Bend, IN 46601 (574)235-9018 AKnepper@SouthBendIN.gov S ERVICE BRAVERY P RIDE DEDICATION AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (this "Agreement") is entered into on August 1, 2024 (the "Effective Date"), by and between the City of South Bend (the "City") acting through its Board of Public Works (`BPW"), and Hamilton's Towing, LLC (the "Provider") (each a "Party" and collectively the "Parties"). For and in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1. Services. The Provider will provide to the City the professional services (the "Services") as set forth in the Provider's proposal attached hereto as Exhibit A (the "Scope of Work") and shall be performed in a manner consistent with the requirements stated in Exhibit B, attached and incorporated hereto. Any change or deviation from Exhibit A or Exhibit B shall be communicated to the City in writing and may be subject to grounds for the City to terminate this Agreement without penalty. In the event of any conflict between the terms of this Agreement and the terms of the Scope of Work, the terms of this Agreement will prevail. The Provider will execute its obligations under this Agreement in accordance with the prevailing professional standard of care for projects of similar design and complexity. The Provider understands and agrees that he shall not commence any additional work or change the scope of the Services provided unless authorized in writing by the City. No claim for additional compensation shall be made by Provider in the absence of prior written approval of the Parties. 2. Compensation. In exchange for the Provider's satisfactory performance of the Services, and subject to the terms and conditions of this Agreement, Provider will be able to bill users of its Services in the amount set forth in Exhibit A. At no point during the course of this Agreement shall the City make any payment directly to Provider for services rendered except as described in Exhibit B. 3. Term; Termination. Unless earlier terminated in accordance with its terms, this Agreement will commence on the Effective Date and end July 31, 2027. This Agreement may be renewed for a period of one (1) year upon mutual agreement. City may cancel this contract immediately for a material breach of contract by providing Towing Companies with written notice of termination. This Agreement may be terminated, in whole or in part, by the City whenever, for any reason, the City determines that such termination is its best interest. Termination shall be affected by delivery to the Provider of written notice at least sixty (60) days prior to the termination effective date, specifying the extent to which performance of services will or must cease. The City will not be liable for any cost associated with the Provider's performance of any Services after the date on which Services are required to cease pursuant to any Notice of Termination. The Provider may cancel this contract for any reason upon providing City with one hundred twenty (120) days advance written notice. 4. Remedies for Breach of Contract. The Provider's failure to complete the Services in accordance with this Agreement will be considered a material breach. In the event of any breach of this Agreement by the Provider, the City may may pursue any and all remedies available at law 1 or in equity. 5. Relationship. The Provider shall at all times be an independent contractor for the performance of the Services rather than an employee of the City, and no act or omission to act by the Provider shall in any way bind or obligate the City. No employee of the Provider will be considered or deemed to be an employee of the City. This Agreement is strictly for the benefit of the Parties and not for any third party or person. This Agreement was negotiated by the Parties at anu's length and each of the parties hereto has reviewed the Agreement after the opportunity to consult with independent legal counsel. Neither party shall maintain that the language in the Agreement shall be construed against any signatory hereto. The City and the Provider hereby renounce the existence of any form of agency relationship, joint venture, or partnership between the Provider and the City and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between the City and the Provider. The Provider shall supply, at his own cost, his own tools and/or equipment necessary to perform the Services. The Provider maintains the absolute right and ability to perform work for any other company, entity or individual. 6. Indemnification of City. To the fullest extent permitted by law, the Provider hereby agrees to defend, indemnify, and hold harmless the City, its officials, employees, and agents from any and all claims of any nature which arise from the performance by and are caused by the Provider under this Agreement and from all costs and attorney fees in connection therewith, excepting for claims arising out of the negligence of the City, its officials, directors, employees, and agents. The obligations of the Provider under this section shall survive the termination of this Agreement. 7. Work Product; Ownership. The Provider will submit any required paperwork to the City in a timely fashion. A failure to do so may result in a breach of this Agreement. Any and all work product submitted by the Provider to the City as part of the Provider's performance of the Services will become the exclusive property of the City, and the City will have the right to use and reproduce copies of the Provider's work product as the City determines in its sole discretion without compensation to the Provider except the compensation expressly provided for in this Agreement. 8. Assignment. The Provider shall not assign or subcontract the whole or any part of this Agreement or its obligations hereunder without the prior written consent of the City. 9. Notices. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered when deposited in the United States Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to the City or the Provider, as the case may be, at the address set forth below. Provider: City: Hamilton's Towing, LLC City of South Bend 2 1733 S. Michigan Street 227 W. Jefferson Boulevard, Suite 12S South Bend, IN 46613 South Bend, IN 46601 Attn: Steven Hensley Attn: Corporation Counsel 10. Confidentiality. The Provider acknowledges that information which the City regards as confidential or proprietary in nature (the "Information"), may come to the knowledge of the Provider during the Provider's performance of services. The Provider shall treat the Information as strictly confidential and agrees that the Provider will not, at any time or in any manner, either directly or indirectly, (i) use, or allowed to be used, any Information for the Provider's own benefit or the benefit of any director, official, employee, or agent or any third party, or (ii) divulge, disclose, or communicate in any manner any Information to any third party without the written consent of the City. The Provider shall be responsible for maintaining the confidentiality of any Information in his possession, including taking appropriate measures to secure said Information against such uses and dissemination and to inform any person to which he allows to access such information of its confidentiality. Notwithstanding anything to the contrary contained in this Agreement, the Parties will adhere to their respective obligations under the Indiana Access to Public Records Act, and nothing herein will be construed to relieve either Party of such obligations. The confidentiality provisions of this Agreement remain in full force and effect after, and survive the termination of, the Term of this Agreement. 11. Equal Opportunity; Non -Discrimination; Compliance. The Provider shall comply with all applicable laws and regulations in its hiring and employment practices and policies for any activity covered by this Agreement. The Provider shall comply with all federal, state, and municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement including, but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non- discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new employees and prohibiting employment of any person who is not legally entitled to work in the United States ). Each of the foregoing provisions is incorporated herein as set forth in full, and the Provider certifies that it is in compliance with each such provision and shall remain in compliance through the term of this Agreement. 12. Contractor's Affidavit. The Provider agrees, as a condition precedent to the effectiveness of this Agreement, that its authorized representative will execute and submit to the City and any other appropriate bodies an affidavit in the form attached hereto as Exhibit B. 13. Drug -Free Workplace. The Provider hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. The Provider will give written notice to the City within ten (10) days after receiving actual notice that the Provider or an employee of the Provider within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. 14. Counterparts. This Agreement may be executed in counterparts, all of which shall be deemed originals. 15. Non -Collusion and Acceptance. The undersigned attests, subject to the penalties 3 for perjury, that he is the Consultant, that he has not, nor has any assignee or subcontractor, directly or indirectly, to the best of his knowledge after due inquiry, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that neither he nor any assignee or subcontractor hereunder has received or paid, any sum of money or other consideration for the execution of this Agreement other than that which appears upon the fact of this Agreement. 16. Taxation. The Provider is solely responsible for compliance with federal, state, and local laws and regulations relating to taxes and social security payments that may be required to be made in connection with the compensation provided under this Agreement. The City may, however, file informational returns with the United State Internal Revenue Service or similar state agency regarding payments made to Provide, in accordance with this Agreement under conditions imposed by federal, state, or local laws applicable to such payment. The City shall provide IRS Form 1099, if applicable. 17. Entire Agreement; Amendment; Applicable Law. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understandings of any and every nature between them. This Agreement may be amended only by separate writing, signed by authorized representatives of both the Provider and the City. This Agreement will be construed and interpreted according to the laws of the State of Indiana without regard to conflicts of laws statutes. Any dispute arising under the terms of this Agreement shall be filed in any court of competent jurisdiction in St. Joseph County, Indiana. The Consultant agrees to comply with, and shall cause any subcontractor hereunder to comply with, all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby are hereby incorporated herein by reference. Consultant shall comply with federal, state and local law in its hiring and employment practices and policies for any activity covered by this Agreement. Further, the City shall not be required to pay for Services that are inconsistent with or in violation of this Agreement nor for any Services performed in violation of federal, state or local statute, ordinance, rule or regulation. 18. Severability. All provisions of this Agreement shall be considered as separate terms and conditions, and in the event any one shall be held illegal, invalid or unenforceable, all the other provisions hereof shall remain in full force and effect as if the illegal, invalid, or unenforceable provision were not a part hereof, unless the provision held illegal, invalid or unenforceable is a material provision of this Agreement, in which case the Provider and the City agree to amend this Agreement with replacement provisions containing mutually acceptable terms and conditions. 19. No Waiver. No failure or delay on the part of either Party in exercising any right under this Agreement will operate as a waiver of, or impair, any such right. No single or partial exercise of any such right will preclude any other or further exercise thereof or the exercise of any other right. No waiver of any such right will have effect unless given in a written document signed by the Party waiving such right. No waiver of any right will be deemed a waiver of any other right hereunder. 20. Signatures. In accordance with Indiana Code Section 26-2-8-106, each Party agrees that this Agreement may be electronically signed, and that any electronic signatures appearing on this Agreement are the same as handwritten signatures for the purposes of validity, enforceability, M and admissibility. [Signature page follows.] IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Professional Services to be effective as of the Effective Date stated above. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member HAMILTON'S TOWING, LLC By: Printed: Its: Date: mi Joseph R. Molnar, Vice President Briana Micou, Member Attest: Theresa M. Heffner, Clerk Date: August 8, 2024 n EXHIBIT A Scope of Work [See attached.] EXHIBIT B Requirements 1) Services and Licensing. The Towing Companies shall provide the Towing Service to the City. Volumes will not be guaranteed. Towing Companies shall maintain any and all licenses to perform the Towing Service within City limits. Towing Companies shall only bill vehicle owners for all services provided. After being requested to the scene by the City, Towing Companies shall comply with the following: a) Not move or attach a tow truck to any vehicle until instructed to do so by the investigating officer; b) Cooperate with the investigating officer in removing unsafe and/or illegally parked vehicles from the street and in storing or impounding of such vehicles as requested; c) On collision calls, clean-up and remove all debris from the accident scene, including, but not limited to, clean-up and removal of all hazardous materials/vehicle fluids in the street with adsorbent material; d) Towing Companies shall not dispose of or otherwise relinquish control of any vehicle stored or impounded by City without a written approval from the City. The written approval is required for any vehicle stored or impounded by the City, and the tow truck operator signs a stored vehicle report form and receives a copy of the stored vehicle report. The City stored automobile release form will be the normal form for release; e) When a party obtains a City stored vehicle release and presents it to the Towing Companies, the vehicle shall be released to that person upon verification of identity and payment of the fees; f) Towing Companies must advise City in writing within five (5) business days if a person picking up a vehicle formally complains to Towing Companies of damage to the vehicle or any missing vehicle accessories or personal property from the vehicle for which City requested and/or authorized the tow; and g) Towing Companies with employees who have access to the storage yard and/or the personal property that is taken out of any vehicle for storage or safekeeping must provide to the City a complete set of fingerprints and criminal history report for each employee, within five (5) business days of the effective date of a contract with the City and for any new employee engaged during the term of the contract. 2) Equipment. The Towing Companies shall at all times maintain under its exclusive use and control acceptable equipment that can recover, remove, and tow passenger vehicles and light trucks. The Towing Companies' name and telephone number, or the name and telephone number of the operator of the equipment being used to provide the Towing Service, shall be prominently displayed on all vehicles used to provide the Towing Service (meeting State requirements). A minimum of three (3) vehicle recovery units must be available (DOT registered) at all times. At least one (1) of the units must have a lifting capacity of eight (8) tons. Two units must have a one (1) ton capacity with rear dual wheels. Additionally, all equipment shall meet state and federal requirements for operation on any roadway and be in functional condition without defects. a) Vehicles will be required to be equipped with no less than: i) Emergency Lighting having no less than four (4) flashing lights; ii) Debris removal equipment consisting of an oversized container, broom, shovel, fluid absorbent, and safety chains; and iii) Reflective clothing meeting OSHA/ANSI standards to be worn by all employees. Any equipment used and maintained by Tow Companies shall be available for inspection by the City upon request. Tow Companies' vehicles owned and/or operated by Tow Companies in the performance of the Tow Service shall be subject to random inspection by the City. Throughout the term of this contract, Tow Companies shall maintain in a neat and clean manner and in good working condition its storage facilities, and improvements thereon, and all vehicles, facilities, equipment, and materials used by Tow Companies in the performance of the services required under this contract. Any additions to or deletions from the Tow Companies' tow truck fleet used under this contract shall be immediately reported, in writing, to the City. 3) Response. Because removal of motor vehicles is often under emergency conditions and such vehicles are road hazards, the Towing Companies shall give priority to all of City's requests and provide the Towing Service within a reasonable period of time. The City expects the Towing Companies to be on site within one half (1/2) hour of initial notification from the City. If the Towing Companies are unable to respond within a reasonable time, the City shall have the right to secure another Towing Company to provide the Towing Service. If the Towing Companies are regularly unable to meet the reasonable time request, they will be notified that they are not meeting the needs of the City, which constitutes a material breach of contract. If the Towing Companies elect to use a subcontractor to perform the Towing Service, the Towing Companies shall have the sole responsibility to ensure that such subcontractor adheres to all specifications included herein. Any violation of the subcontractor will be deemed a violation by the Towing Companies and the Towing Companies shall be held fully accountable for such actions/services performed by its subcontractor. 4) Clean up. The Towing Companies shall clean up any debris from the roadway and tow site in order to make the area safe for the continued use of the roadway and tow site. Debris must be placed in approved containers and disposed of properly. 5) Storage Yard. The Towing Companies shall maintain facilities for the storage impoundment of towed vehicles and shall be responsible for the safe storage of same. The Towing Companies storage facilities shall be secured and monitored 24 hours a day and have the capability of storing thirty (30) or more vehicles. The storage yard shall be located within five (5) miles of the City of South Bend. Inside storage shall be available if required by the City or if required for the preservation and security of the towed vehicle. 6) Communication. Tow Companies, during the term of this contract, shall maintain a continuous means of communication between Tow Companies' dispatcher and each of Tow Companies' vehicles. Tow Companies shall provide the City with a contact phone number that will be staffed 24 hours a day, 365 days a year. The Towing Companies shall at all times maintain communications with its office, the City's Police Department, and all mobile units. If Towing Companies' telephone or radio is not promptly answered, or if the line is busy when called by the City after three (3) attempts, the City may elect to contact another tow company to service the call. 7) Hours. The Towing Companies shall maintain and post minimum business hours for - the release of stored vehicles as follows: a) Monday through Friday, from 9:00 AM to 5:00 PM; and b) Saturdays, from 8:00 AM to 12:00 PM. The Towing Companies shall also provide off -hour vehicle pickup but may charge those wishing to use such service a reasonable fee for same. 8) Inspection. If the City desires to inspect any vehicle in possession of the Towing Companies as a result of the Towing Service, the Towing Companies shall provide the City immediate access to said vehicle. 9) Assignment. Towing Companies shall not assign their rights under this contract to any other person or entity without the City's prior written consent. Any such assignment without prior consent of the City shall be void and the attempted assignment shall constitute a material breach of contract. 10) Records. For its own and private internal operational documentation and accounting - purposes only, the Towing Companies shall at all times maintain separate and adequate financial records necessary for its lawful business operations, kept in the normal and ordinary course of business and in an easily retrievable manner, in connection with the Towing Service provided to the City. Towing Companies know and understand that if the City receives a complaint or information challenging the Towing Companies' compliance with any of the terms of this agreement, then the Towing Companies will, pursuant to request from the City, cooperate fully with the City's investigation, including releasing to the City those records relevant to the Towing Companies' compliance with their duties under the Towing Companies' Agreement with the City. Records to be maintained shall include the following: a) Time, date, location of tow, and officer authorizing tow; b) Make, model, vehicle license registration and VIN number of towed vehicles; c) Itemized billing and invoicing of basic tow charge, special charges, storage charges, and any vehicle repair charges; d) Signed release form completed by person claiming the vehicle; or e) Formal Complaint form, if any, or demand letters for vehicle owner reporting any complaints about charges, additional vehicle damage, lost or stolen items or other related problems. Formal Complaint form shall be posted in main office of the Towing Company. Completed Formal complaint forms will be mailed to the Police Department within five (5) business days of the complaint. f) All records related to vehicle registration and ownership including title, bill of sale, and registration paperwork. g) Any documents sent to the vehicle owner including notifications and letters. h) Any items of personal property released from any vehicle, including the date, time, and name of person receiving the items. i) Disposition of towed vehicles that are unclaimed and all proceeds from the sale of towed vehicles that are unclaimed. 11) Risk. Towing Companies assume all risk in the event of damage, theft, fire, or otherwise, of the vehicles or any other property towed, impounded, or stored by Towing Companies, its employees or agents. Notwithstanding any other term or condition herein, in responding to a call from City, Towing Companies shall have no claim whatsoever against City or any right to recover from City the cost of any of the services it renders in the performance of this contract. Towing Companies shall look solely and exclusively to the owner of the vehicle towed, impounded, or stored for payment of the services provided by the Towing Companies. Towing Companies shall assume the entire risk of nonpayment of any service charges incurred pursuant to this contract. 12) Indemnity. The Towing Companies shall indemnify and hold harmless the City, its officers, employees, including any agency, department, or commission of the City, for any and all suits or actions brought against the City on account of any loss, injury, or damage sustained or claimed to have been sustained by anyone in connection with or arising out of the performance of this contract by the Towing Companies or any of its agents, employees, and/or independent contractors. 13) Insurance. The Towing Companies shall maintain a current policy of insurance with minimum coverage limits of no less than $1,000,000.00 liability and $1,000,000.00 property damage. The City shall be named and identified as an additional insured on such policy. The City shall be notified of any cancellation, expiration or change in the insurance coverage. A copy of the current certificate of insurance shall be provided to the City's Board of Public Works. Failure to maintain the required insurance in -force shall constitute a material breach of contract. 14) Maintenance of Vehicles. All vehicles shall be handled and returned in substantially the same condition as they existed before being towed. All personal property and contents in the vehicle shall be kept intact. 15) Term and Termination. This contract will be effective for a three (3) year period from the effective date and may be renewed for a single one (1) year term thereafter, upon the mutual written agreement of the parties. City may cancel this contract immediately for a material breach of contract by providing Towing Companies with written notice of termination. City may cancel this contract for convenience by providing Towing Companies with sixty (60) days advance written notice of intent to terminate. Towing Companies may cancel this contract for any reason upon providing City with one hundred twenty (120) days advance written notice. 16) Costs. Towing Companies shall submit a rate schedule of the Towing Service charged to vehicle owners with rates valid for the term of this contract. Towing Companies shall accept credit card payments from customers upon request. Rates for abandoned vehicles shall comply with Section 20-29 of the South Bend Municipal Code 17) Invalid Tow or Special Circumstances. In the case of an invalid tow, similar instance, or special circumstance where the City elects to pay for the towing and storage of a vehicle, the Towing Companies will bill the City and not require prepayment by the vehicle owner before releasing the vehicle. The maximum chargeable fee will be the current contracted initial tow fee and 5 days of storage. AGREEMENT FOR PROFESSIONAL SERVICES This Agreement For Professional Services (this "Agreement") is entered into on August 1, 2024 (the "Effective Date"), by and between the City of South Bend (the "City") acting through its Board of Public Works (`BPW"), and ASAP Towing a Div. of U.S. Truck & Trailer Service, Inc. (the "Provider") (each a "Party" and collectively the "Parties"). For and in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1. Services. The Provider will provide to the City the professional services (the "Services") as set forth in the Provider's proposal attached hereto as Exhibit A (the "Scope of Work") and shall be performed in a manner consistent with the requirements stated in Exhibit B, attached and incorporated herein. Any change or deviation from Exhibit A or Exhibit B shall be communicated to the City in writing and may be subject to grounds for the City to terminate this Agreement without penalty. In the event of any conflict between the terms of this Agreement and the terms of the Scope of Work, the terms of this Agreement will prevail. The Provider will execute its obligations under this Agreement in accordance with the prevailing professional standard of care for projects of similar design and complexity. The Provider understands and agrees that he shall not commence any additional work or change the scope of the Services provided unless authorized in writing by the City. No claim for additional compensation shall be made by Provider in the absence of prior written approval of the Parties. 2. Compensation. In exchange for the Provider's satisfactory performance of the Services, and subject to the terms and conditions of this Agreement, Provider will be able to bill users of its Services in the amount set forth in Exhibit A. At no point during the course of this Agreement shall the City make any payment directly to Provider for services rendered except as described in Exhibit B. 3. Term; Termination. Unless earlier terminated in accordance with its terms, this Agreement will commence on the Effective Date and end July 31, 2027. This Agreement may be renewed for a period of one (1) year upon mutual agreement. City may cancel this contract immediately for a material breach of contract by providing Towing Companies with written notice of termination. This Agreement may be terminated, in whole or in part, by the City whenever, for any reason, the City determines that such termination is its best interest. Termination shall be affected by delivery to the Provider of written notice at least sixty (60) days prior to the termination effective date, specifying the extent to which performance of services will or must cease. The City will not be liable for any cost associated with the Provider's performance of any Services after the date on which Services are required to cease pursuant to any Notice of Termination. The Provider may cancel this contract for any reason upon providing City with one hundred twenty (120) days advance written notice. 4. Remedies for Breach of Contract. The Provider's failure to complete the Services in accordance with this Agreement will be considered a material breach. In the event of any breach of this Agreement by the Provider, the City may pursue any and all remedies available at law or in equity. 1 5. Relationship. The Provider shall at all times be an independent contractor for the performance of the Services rather than an employee of the City, and no act or omission to act by the Provider shall in any way bind or obligate the City. No employee of the Provider will be considered or deemed to be an employee of the City. This Agreement is strictly for the benefit of the Parties and not for any third party or person. This Agreement was negotiated by the Parties at arm's length and each of the parties hereto has reviewed the Agreement after the opportunity to consult with independent legal counsel. Neither party shall maintain that the language in the Agreement shall be construed against any signatory hereto. The City and the Provider hereby renounce the existence of any form of agency relationship, joint venture, or partnership between the Provider and the City and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between the City and the Provider. The Provider shall supply, at his own cost, his own tools and/or equipment necessary to perform the Services. The Provider maintains the absolute right and ability to perform work for any other company, entity or individual. 6. Indemnification of City. To the fullest extent permitted by law, the Provider hereby agrees to defend, indemnify, and hold harmless the City, its officials, employees, and agents from any and all claims of any nature which arise from the performance by and are caused by the Provider under this Agreement and from all costs and attorney fees in connection therewith, excepting for claims arising out of the negligence of the City, its officials, directors, employees, and agents. The obligations of the Provider under this section shall survive the termination of this Agreement. 7. Work Product; Ownership. The Provider will submit any required paperwork to the City in a timely fashion. A failure to do so may result in a breach of this Agreement. Any and all work product submitted by the Provider to the City as part of the Provider's performance of the Services will become the exclusive property of the City, and the City will have the right to use and reproduce copies of the Provider's work product as the City determines in its sole discretion without compensation to the Provider except the compensation expressly provided for in this Agreement. 8. Assignment. The Provider shall not assign or subcontract the whole or any part of this Agreement or its obligations hereunder without the prior written consent of the City. 9. Notices. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered when deposited in the United States Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to the City or the Provider, as the case may be, at the address set forth below. Provider: ASAP Towing 1906 S. Olive Street South Bend, IN 46613 Attn: Rodney and Cynthia Bettcher City: City of South Bend 227 W. Jefferson Boulevard, Suite 12S South Bend, IN 46601 Attn: Corporation Counsel 2 10. Confidentiality. The Provider acknowledges that information which the City regards as confidential or proprietary in nature (the "Information"), may come to the knowledge of the Provider during the Provider's performance of services. The Provider shall treat the Information as strictly confidential and agrees that the Provider will not, at any time or in any manner, either directly or indirectly, (i) use, or allowed to be used, any Information for the Provider's own benefit or the benefit of any director, official, employee, or agent or any third party, or (ii) divulge, disclose, or communicate in any manner any Information to any third party without the written consent of the City. The Provider shall be responsible for maintaining the confidentiality of any Information in his possession, including taking appropriate measures to secure said Information against such uses and dissemination and to inform any person to which he allows to access such information of its confidentiality. Notwithstanding anything to the contrary contained in this Agreement, the Parties will adhere to their respective obligations under the Indiana Access to Public Records Act, and nothing herein will be construed to relieve either Party of such obligations. The confidentiality provisions of this Agreement remain in full force and effect after, and survive the termination of, the Term of this Agreement. 11. Equal Opportunity; Non -Discrimination; Compliance. The Provider shall comply with all applicable laws and regulations in its hiring and employment practices and policies for any activity covered by this Agreement. The Provider shall comply with all federal, state, and municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement including, but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non- discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new employees and prohibiting employment of any person who is not legally entitled to work in the United States). Each of the foregoing provisions is incorporated herein as if set forth in full, and the Provider certifies that it is in compliance with each such provision and shall remain in compliance through the term of this Agreement. 12. Contractor's Affidavit. The Provider agrees, as a condition precedent to the effectiveness of this Agreement, that its authorized representative will execute and submit to the City and any other appropriate bodies an affidavit in the form attached hereto as Exhibit B. 13. Drug -Free Workplace. The Provider hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. The Provider will give written notice to the City within ten (10) days after receiving actual notice that the Provider or an employee of the Provider within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. 14. Counterparts. This Agreement may be executed in counterparts, all of which shall be deemed originals. 15. Non -Collusion and Acceptance. The undersigned attests, subject to the penalties for perjury, that he is the Consultant, that he has not, nor has any assignee or subcontractor, directly or indirectly, to the best of his knowledge after due inquiry, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that neither he nor any assignee or subcontractor hereunder has received or paid, any sum of money or other consideration for the execution of this Agreement other than that which appears upon the fact of this Agreement. 3 16. Taxation. The Provider is solely responsible for compliance with federal, state, and local laws and regulations relating to taxes and social security payments that may be required to be made in connection with the compensation provided under this Agreement. The City may, however, file informational returns with the United State Internal Revenue Service or similar state agency regarding payments made to Provide, in accordance with this Agreement under conditions imposed by federal, state, or local laws applicable to such payment. The City shall provide IRS Form 1099, if applicable. 17. Entire Agreement; Amendment; Applicable Law. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understandings of any and every nature between them. This Agreement may be amended only by separate writing, signed by authorized representatives of both the Provider and the City. This Agreement will be construed and interpreted according to the laws of the State of Indiana without regard to conflicts of laws statutes. Any dispute arising under the terms of this Agreement shall be filed in any court of competent jurisdiction in St. Joseph County, Indiana. The Consultant agrees to comply with, and shall cause any subcontractor hereunder to comply with, all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby are hereby incorporated herein by reference. Consultant shall comply with federal, state and local law in its hiring and employment practices and policies for any activity covered by this Agreement. Further, the City shall not be required to pay for Services that are inconsistent with or in violation of this Agreement nor for any Services performed in violation of federal, state or local statute, ordinance, rule or regulation. 18. Severability. All provisions of this Agreement shall be considered as separate terms and conditions, and in the event any one shall be held illegal, invalid or unenforceable, all the other provisions hereof shall remain in full force and effect as if the illegal, invalid, or unenforceable provision were not a part hereof, unless the provision held illegal, invalid or unenforceable is a material provision of this Agreement, in which case the Provider and the City agree to amend this Agreement with replacement provisions containing mutually acceptable terms and conditions. 19. No Waiver. No failure or delay on the part of either Party in exercising any right under this Agreement will operate as a waiver of, or impair, any such right. No single or partial exercise of any such right will preclude any other or further exercise thereof or the exercise of any other right. No waiver of any such right will have effect unless given in a written document signed by the Party waiving such right. No waiver of any right will be deemed a waiver of any other right hereunder. 20. Signatures. In accordance with Indiana Code Section 26-2-8-106, each Party agrees that this Agreement may be electronically signed, and that any electronic signatures appearing on this Agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. [Signature page follows.] M IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Professional Services to be effective as of the Effective Date stated above. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member �� i Joseph R. Molnar, Vice President Briana Micou, Member ��4 Attest: Theresa M. Heffner, Clerk Date: August 8, 2024 ASAP Towing a Div. of U.S. Truck & Trailer Service, Inc. By: Printed: Its: Date: 5 EXHIBIT A Scope of Work [See attached.] EXHIBIT B Requirements 1) Services and Licensing. The Towing Companies shall provide the Towing Service to the City. Volumes will not be guaranteed. Towing Companies shall maintain any and all licenses to perform the Towing Service within City limits. Towing Companies shall only bill vehicle owners for all services provided. After being requested to the scene by the City, Towing Companies shall comply with the following: a) Not move or attach a tow truck to any vehicle until instructed to do so by the investigating officer; b) Cooperate with the investigating officer in removing unsafe and/or illegally parked vehicles from the street and in storing or impounding of such vehicles as requested; c) On collision calls, clean-up and remove all debris from the accident scene, including, but not limited to, clean-up and removal of all hazardous materials/vehicle fluids in the street with adsorbent material; d) Towing Companies shall not dispose of or otherwise relinquish control of any vehicle stored or impounded by City without a written approval from the City. The written approval is required for any vehicle stored or impounded by the City, and the tow truck operator signs a stored vehicle report form and receives a copy of the stored vehicle report. The City stored automobile release form will be the normal form for release; e) When a party obtains a City stored vehicle release and presents it to the Towing Companies, the vehicle shall be released to that person upon verification of identity and payment of the fees; f) Towing Companies must advise City in writing within five (5) business days if a person picking up a vehicle formally complains to Towing Companies of damage to the vehicle or any missing vehicle accessories or personal property from the vehicle for which City requested and/or authorized the tow; and g) Towing Companies with employees who have access to the storage yard and/or the personal property that is taken out of any vehicle for storage or safekeeping must provide to the City a complete set of fingerprints and criminal history report for each employee, within five (5) business days of the effective date of a contract with the City and for any new employee engaged during the term of the contract. 2) Equipment. The Towing Companies shall at all times maintain under its exclusive use and control acceptable equipment that can recover, remove, and tow passenger vehicles and light trucks. The Towing Companies' name and telephone number, or the name and telephone number of the operator of the equipment being used to provide the Towing Service, shall be prominently displayed on all vehicles used to provide the Towing Service (meeting State requirements). A minimum of three (3) vehicle recovery units must be available (DOT registered) at all times. At least one (1) of the units must have a lifting capacity of eight (8) tons. Two units must have a one (1) ton capacity with rear dual wheels. Additionally, all equipment shall meet state and federal requirements for operation on any roadway and be in functional condition without defects. a) Vehicles will be required to be equipped with no less than: i) Emergency Lighting having no less than four (4) flashing lights; ii) Debris removal equipment consisting of an oversized container, broom, shovel, fluid absorbent, and safety chains; and iii) Reflective clothing meeting OSHA/ANSI standards to be worn by all employees. Any equipment used and maintained by Tow Companies shall be available for inspection by the City upon request. Tow Companies' vehicles owned and/or operated by Tow Companies in the performance of the Tow Service shall be subject to random inspection by the City. Throughout the term of this contract, Tow Companies shall maintain in a neat and clean manner and in good working condition its storage facilities, and improvements thereon, and all vehicles, facilities, equipment, and materials used by Tow Companies in the performance of the services required under this contract. Any additions to or deletions from the Tow Companies' tow truck fleet used under this contract shall be immediately reported, in writing, to the City. 3) Response. Because removal of motor vehicles is often under emergency conditions and such vehicles are road hazards, the Towing Companies shall give priority to all of City's requests and provide the Towing Service within a reasonable period of time. The City expects the Towing Companies to be on site within one half (1/2) hour of initial notification from the City. If the Towing Companies are unable to respond within a reasonable time, the City shall have the right to secure another Towing Company to provide the Towing Service. If the Towing Companies are regularly unable to meet the reasonable time request, they will be notified that they are not meeting the needs of the City, which constitutes a material breach of contract. If the Towing Companies elect to use a subcontractor to perform the Towing Service, the Towing Companies shall have the sole responsibility to ensure that such subcontractor adheres to all specifications included herein. Any violation of the subcontractor will be deemed a violation by the Towing Companies and the Towing Companies shall be held fully accountable for such actions/services performed by its subcontractor. 4) Clean up. The Towing Companies shall clean up any debris from the roadway and tow site in order to make the area safe for the continued use of the roadway and tow site. Debris must be placed in approved containers and disposed of properly. 5) Storage Yard. The Towing Companies shall maintain facilities for the storage impoundment of towed vehicles and shall be responsible for the safe storage of same. The Towing Companies storage facilities shall be secured and monitored 24 hours a day and have the capability of storing thirty (30) or more vehicles. The storage yard shall be located within five (5) miles of the City of South Bend. Inside storage shall be available if required by the City or if required for the preservation and security of the towed vehicle. 6) Communication. Tow Companies, during the term of this contract, shall maintain a continuous means of communication between Tow Companies' dispatcher and each of Tow Companies' vehicles. Tow Companies shall provide the City with a contact phone number that will be staffed 24 hours a day, 365 days a year. The Towing Companies shall at all times maintain communications with its office, the City's Police Department, and all mobile units. If Towing Companies' telephone or radio is not promptly answered, or if the line is busy when called by the City after three (3) attempts, the City may elect to contact another tow company to service the call. 7) Hours. The Towing Companies shall maintain and post minimum business hours for - the release of stored vehicles as follows: a) Monday through Friday, from 9:00 AM to 5:00 PM; and b) Saturdays, from 8:00 AM to 12:00 PM. The Towing Companies shall also provide off -hour vehicle pickup but may charge those wishing to use such service a reasonable fee for same. 8) Inspection. If the City desires to inspect any vehicle in possession of the Towing Companies as a result of the Towing Service, the Towing Companies shall provide the City immediate access to said vehicle. 9) Assignment. Towing Companies shall not assign their rights under this contract to any other person or entity without the City's prior written consent. Any such assignment without prior consent of the City shall be void and the attempted assignment shall constitute a material breach of contract. 10) Records. For its own and private internal operational documentation and accounting - purposes only, the Towing Companies shall at all times maintain separate and adequate financial records necessary for its lawful business operations, kept in the normal and ordinary course of business and in an easily retrievable manner, in connection with the Towing Service provided to the City. Towing Companies know and understand that if the City receives a complaint or information challenging the Towing Companies' compliance with any of the terms of this agreement, then the Towing Companies will, pursuant to request from the City, cooperate fully with the City's investigation, including releasing to the City those records relevant to the Towing Companies' compliance with their duties under the Towing Companies' Agreement with the City. Records to be maintained shall include the following: a) Time, date, location of tow, and officer authorizing tow; b) Make, model, vehicle license registration and VIN number of towed vehicles; c) Itemized billing and invoicing of basic tow charge, special charges, storage charges, and any vehicle repair charges; d) Signed release form completed by person claiming the vehicle; or e) Formal Complaint form, if any, or demand letters for vehicle owner reporting any complaints about charges, additional vehicle damage, lost or stolen items or other related problems. Formal Complaint form shall be posted in main office of the Towing Company. Completed Formal complaint forms will be mailed to the Police Department within five (5) business days of the complaint. f) All records related to vehicle registration and ownership including title, bill of sale, and registration paperwork. g) Any documents sent to the vehicle owner including notifications and letters. h) Any items of personal property released from any vehicle, including the date, time, and name of person receiving the items. i) Disposition of towed vehicles that are unclaimed and all proceeds from the sale of towed vehicles that are unclaimed. 11) Risk. Towing Companies assume all risk in the event of damage, theft, fire, or otherwise, of the vehicles or any other property towed, impounded, or stored by Towing Companies, its employees or agents. Notwithstanding any other term or condition herein, in responding to a call from City, Towing Companies shall have no claim whatsoever against City or any right to recover from City the cost of any of the services it renders in the performance of this contract. Towing Companies shall look solely and exclusively to the owner of the vehicle towed, impounded, or stored for payment of the services provided by the Towing Companies. Towing Companies shall assume the entire risk of nonpayment of any service charges incurred pursuant to this contract. 12) Indemnity. The Towing Companies shall indemnify and hold harmless the City, its officers, employees, including any agency, department, or commission of the City, for any and all suits or actions brought against the City on account of any loss, injury, or damage sustained or claimed to have been sustained by anyone in connection with or arising out of the performance of this contract by the Towing Companies or any of its agents, employees, and/or independent contractors. 13) Insurance. The Towing Companies shall maintain a current policy of insurance with minimum coverage limits of no less than $1,000,000.00 liability and $1,000,000.00 property damage. The City shall be named and identified as an additional insured on such policy. The City shall be notified of any cancellation, expiration or change in the insurance coverage. A copy of the current certificate of insurance shall be provided to the City's Board of Public Works. Failure to maintain the required insurance in -force shall constitute a material breach of contract. 14) Maintenance of Vehicles. All vehicles shall be handled and returned in substantially the same condition as they existed before being towed. All personal property and contents in the vehicle shall be kept intact. 15) Term and Termination. This contract will be effective for a three (3) year period from the effective date and may be renewed for a single one (1) year term thereafter, upon the mutual written agreement of the parties. City may cancel this contract immediately for a material breach of contract by providing Towing Companies with written notice of termination. City may cancel this contract for convenience by providing Towing Companies with sixty (60) days advance written notice of intent to terminate. Towing Companies may cancel this contract for any reason upon providing City with one hundred twenty (120) days advance written notice. 16) Costs. Towing Companies shall submit a rate schedule of the Towing Service charged to vehicle owners with rates valid for the term of this contract. Towing Companies shall accept credit card payments from customers upon request. Rates for abandoned vehicles shall comply with Section 20-29 of the South Bend Municipal Code 17) Invalid Tow or Special Circumstances. In the case of an invalid tow, similar instance, or special circumstance where the City elects to pay for the towing and storage of a vehicle, the Towing Companies will bill the City and not require prepayment by the vehicle owner before releasing the vehicle. The maximum chargeable fee will be the current contracted initial tow fee and 5 days of storage. South Bend Police Towing Services Request for Proposals Review and Score Sheet Evaluator Points Awarded Points Awarded Points Awarded Point Maximum ASAP Towing Big Bulldog Hamilton's Towing Mark Dollinger 100 96 68 84 Aaron Knepper 100 80 59 80 Michael Divita 100 97 92 77 273 219 241 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 07/15/2024 Name Sgt. Aaron M. Knepper #2174 Department SBPD BPW Date 8/8/2024 Phone Extension 9018 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ❑ Attorney Name Dept. Attorney ® Attorney Name Purchasing ❑ Check the Appropriate Item I Professional Services Agreement ® Contract ❑ Open Market Contract ❑ Bid Opening ❑ Quote Opening ❑ Proposal Opening ❑ Chg. Order, No. I-1 Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Michael Schmidt Kylie Connell — Required for All Submissions ❑ Amendment/Addendum ❑ Bid Award ❑ Quote Award ❑ C/O & PCA No. ❑ Traffic Control Information U Proposal ❑ Special Purchase, QPA ❑ Req. to Advertise ❑ Title Sheet ❑ Reject Bids/Quotes ❑ PCA ❑ Resolution Ease./Encroach ASAP Towiniz & Hamilton's Towin ❑ Yes ❑ If Yes, Approved by Purchasing ® No ❑ MBE Completed E-Verify Form Attached ❑ Yes No SBPD Towing Contract — 2024 to 2027 Terms of Contract Three (3) years: August 1, 2024 to July 31, 2027 Purpose/Description The South Bend Police Department is requestingthe he approval of contracts for towing services for the department to ASAP Towing and Hamilton's Towing. The two companies were selected based on the scores received Amount of Previous Amount ❑ Increase ❑ Decrease Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: For Change Orders Increase Decrease Increase Decrease New Completion Date: