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2015-014 Agrmt - Star Collision Centers Inc - Police
EXHIBIT K CITY OF -ASHLAND Agreement for Towing Services THIS AGREEMENT is entered into between the CITY OF ASHLAND, OREGON, by and through the City Council, hereinafter referred to as City, and Z,~~rex &~OA nafter referred to as Contractor. dk~ d r~'rzs WHEREAS, the Ashland Police Department regularly requests towing and impound services; and WHEREAS, the Ashland Police Department would like to establish standards and guidelines for tow operators that respond to tow requests by the Department; and WHEREAS, Contractor responded to City's Request for Proposals for towing services and was selected by the panel that reviewed the proposals. NOW THEREFORE, CITY AND CONTRACTOR HEREBY AGREE AS FOLLOWS: 1. DEFINITIONS. 1.1. AGREEMENT: This document, entitled Agreement for Towing Services, and any exhibits incorporated herein. 1.2. CITY: Authorized employees of the City of Ashland, including, but not limited to, the Ashland Police Department and Ashland Fire and Rescue. 1.3. CONTRACTOR: A tow company, which is party to this Agreement, its employees, agents and associates, including all principal parties, such as its officers, directors and managers. 1.4. GATE FEE: Fee assessed for access to a vehicle, whether for release or retrieval of personal effects, on City holidays or outside regular business hours. 1.5. GVWR: Gross Vehicle Weight Rating as specified by the manufacturer. 1.6. HOLIDAYS: The days of the year observed by the City include: New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, July 4th, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day. 1.7. OAR: Oregon Administrative Rules. 1.8. ORS: Oregon Revised Statues. 1.9. OWNER: The person in whose name a vehicle title is registered, or the person who has the right to possession of the vehicle. 1.10. OWNER'S AGENT: A person authorized by a vehicle owner to have access to the vehicle. 1.11. PERSONAL EFFECTS: Property within a vehicle that is not bolted, fastened, snapped or otherwise attached to the vehicle. 1.12. RELEASE: A document issued by the City authorizing the Contractor to release the vehicle to the person named. 1.13. TOW: To mechanically draw, pull, or haul by use of a tow truck. 1.14. TOW DISPATCH(ER): The company under contract with the City to provide central RFP Towing and Storage Services, Page 20 of 29 dispatching of towing services. 1.15. TOWING SERVICES: Services performed by Contractors defined in this Agreement, including: towing, winching and recovery, dollying, disabling drivelines, securing unstable loads, clean up at accident scenes, moving cars at the storage facility, storage, and disposal of unclaimed vehicles, and the following types of tows: 1.15.1. CLASS A- LIGHT DUTY: A tow truck with a manufacturer's gross vehicle weight rating (GVWR) of at least fourteen thousand (14,000) pounds with wheel-lift capability, and may have a car carrier. 1.15.2. CLASS B - MEDIUM DUTY: A tow truck with a manufacturer's gross vehicle weight rating (GVWR) of at least twenty-six thousand (26,000) pounds. The truck shall be capable of providing air to the towed vehicle's brakes. 1.15.3. CLASS C - HEAVY DUTY: A tow truck with a manufacturer's gross vehicle weight rating (GVWR) of at least fifty-two thousand (52,000) pounds. The truck shall be equipped with air brakes and must be capable of providing air to the towed vehicle's brakes. 1.15.4. NON-PREFERENCE TOW: A request for towing services ordered from the rotation list. 1.15.5. PREFERENCE TOW: A request for towing services specifically naming a tow company either on or off the rotation list. 1.16. VEHICLE DESCRIPTION: A description of a vehicle including at a minimum the license information, issuing state, make, model, year, color, body style, and vehicle identification number (VIN). 2. SCOPE OF SERVICES. Contractor agrees to tow and store vehicles when requested to do so by City or Tow Dispatch. Towing requests may include abandoned vehicle tows or impoundment tows. The Tow Dispatcher will forward such requests to Contractors under contract by the City. 3. COMPENSATION. Contractor will not be paid for its services by City; however, Contractor will collect fees owed from owners, lien holders of vehicles towed, or others paying on their behalf. Contractor will provide its services at the rates attached to this Agreement and hereby incorporated as Attachment A. 4. TERM. This Agreement is effective upon execution by both parties, and it shall continue for three years thereafter. The contract may be extended by mutual consent of both parties annually for up to two (2) additional years for a maximum term of five (5) years. 5. CONTRACTOR MINIMUM SERVICE REQUIREMENTS. 5.1. LICENSES. 5.1.1. General Operations. Contractor shall possess a City business license and all commercial vehicle and operator licenses required under local, state and federal regulations, including but not limited to, the Oregon Department of Motor Vehicles, Public Utilities Commission, and Department of Transportation. 5.1.2. Sale & Disposal of Vehicles. Contractor shall meet all state requirements and possess bonding necessary for the sale and/or disposal of vehicles. 5.2. TOW VEHICLES. All tow vehicles shall comply with minimum local, state, and federal equipment standards for common carriers and tow trucks as specified in the Oregon Revised Statutes, Oregon Administrative Rules, Department of Motor Vehicle Laws, and all other applicable laws. RFP Towing and Storage Services, Page 21 of 29 5.2.1. Vehicles Required. Contractor shall possess a minimum of two Class A tow vehicles, one Class B tow vehicle, and one Class C tow vehicle. Each vehicle must meet all of the requirements for its class required by OAR 257-050-0200 and OAR 734-076-0015(17). 5.2.2. Safety Devices. All vehicles shall have all safety devices and equipment required by law and shall maintain such devices in good operating condition. 5.3. TOW OPERATORS. Contractor shall comply with all federal, state, and local laws and regulations and have the appropriate licenses and endorsements to operate tow trucks. 5.3.1. All persons conducting any and all business related to this Agreement shall be identified on a personnel roster submitted prior to signing this Agreement. Any changes to personnel shall be reported to the City by the 10th day of the month following the change. 5.3.2. In addition, Contractor shall be subject to criminal background investigation, and all employees who represent the business must be free of any convictions for felonies. 5.4. COMMUNICATIONS. 5.4.1. Contractor shall have a dispatch facility with equipment capable of two-way voice communication with Contractor's tow trucks to dispatch tow services 24 hours a day, 365 days a year. 5.4.2. Contractor shall have a facsimile machine installed on a line dedicated to fax transmissions only, fully supplied and ready to receive and transmit at all times. Facsimile machines shall be set to provide the sender's identification. 5.5. RESPONSE TIME. Contractor shall respond to all tow requests dispatched to Contractor by the Tow Dispatcher within thirty (30) minutes of receiving the dispatch. 5.6. PLACE OF BUSINESS AND OPERATIONS. 5.6.1. Business Office. 5.6.1.1. The Contractor has an established place of business within the Ashland city limits. 5.6.1.2. The place of business has an office area that is accessible to the public without entering the storage facilities. 5.6.1.3. The business office is open for the purpose of inspection of business records and towing equipment from 8:OOAM to 5:OOPM excluding weekends and holidays. 5.6.1.4. The business office shall maintain records that contain the following information for at least three years for each tow: vehicle description; location from which vehicle was towed; location vehicle was towed to; towing operator; reason for the tow; time and date of service including any storage dates; and an itemized list of services and fees. 5.6.1.5. The Contractor has personnel available 24 hours a day, 365 days a year, who can be contacted to release impounded vehicles or property in vehicles. The contact number for personnel shall be posted and clearly visible whenever the business office is closed. 5.6.2. Storage Facilities. 5.6.2.1. The storage facility shall be within ten miles of the Ashland city limits. 5.6.2.2. The storage facilities shall be secured with a combination of closed buildings, fencing, and locks to protect against unauthorized entry in accordance with OAR 257-050-0140(16)-(17). 5.6.2.3. The storage facilities are under Contractor's exclusive control and are not RFP Towing and Storage Services, Page 22 of 29 shared with other tow companies. 5.6.2.4. The storage facility complies with all zoning requirements of all applicable governments. 5.7. INSURANCE REQUIREMENTS. 5.7.1. Contractor shall at its own expense provide the following insurance: 5.7.1.1. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers. 5.7.1.2. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 for each occurrence is mandatory for bodily injury and property damage, or insurance in the amount required by ORS Chapter 825. It shall include contractual liability coverage for the indemnity provided under this contract. 5.7.1.3. Automobile Liability insurance with a combined single limit, or the equivalent, of not less $2,000,000 for each accident is mandatory for Bodily Injury and Property Damage, including coverage for owned, hired or non- owned vehicles, as applicable. 5.7.1.4. Other insurance for garage keeper's liability, insurance to protect against vehicle damage, and cargo insurance as required by OAR 257-050-0070. 5.7.1.5. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Agreement. As evidence of the insurance coverages required by this Agreement, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this Agreement. The certificate(s) will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self- insured retentions and/or self-insurance 6. TOW ROTATION. 6.1. Requests for towing services by Contractor for non-preference tows will be made from a rotational list. The list will be in alphabetical order of the tow companies' names. Calls will be dispatched by Tow Dispatch to the next Contractor on the list with each successive call in the order that calls are received. If a tow is canceled before the next Contractor on the list has been assigned a tow, then the Contractor that received the cancellation will get the next tow assigned, unless the list has proceeded to the next tow company. If the rotation list has proceeded to the next tow company, then the Contractor will not get another call until the list rotation has been completed. The full rotation will be observed in such cases in order to maintain the integrity of the list. City may cancel the dispatch of a tow request for any reason deemed necessary up to the point that the Contractor hooks up the vehicle to be towed. Preference tow requests by the City will not be included in this Agreement. 7. RESPONSE TIME. 7.1. Contractor shall inform Tow Dispatch whether it accepts an assignment within three (3) minutes of receiving a call. Contractor shall not accept an assignment unless it has the RFP Towing and Storage Services, Page 23 of 29 • equipment available and is capable of responding and arriving within the required timeframes outlined in this Agreement. Contractor shall not accept a call and then later decline it, except for circumstances beyond the control of the Contractor. 7.2. Contractor shall respond to all tow requests dispatched to Contractor by the Tow Dispatcher within thirty (30) minutes of receiving the dispatch. 7.3. Lack of a timely response may result in the Contractor being canceled from the call and placed at the bottom of the rotation list. Repeated lack of timely response may result in termination of this Agreement. 8. DECLINING TOW REQUEST. 8.1. Contractor shall inform the Tow Desk, within three (3) minutes of receiving the dispatch, if Contractor is for any reason unable to respond to a tow request, or unable to respond within the required time, and must decline the tow request. Contractor shall inform the Tow Desk immediately if, upon arrival at the tow scene, any aspect of the towing situation prevents performance of the tow. Declining a tow request more than three minutes after the Contractor receives the dispatch shall be considered failure to respond. 8.2. If a Contractor declines a tow request, the rotation is advanced and the next available Contractor on the rotational list shall be dispatched. 8.3. If a Contractor is offered a request to tow multiple vehicles, but is unable to take all of the tows, the Contractor shall not have to decline the tow request as long as the Contractor is able to take at least one of the tows during the initial dispatch call. 9. STORAGE PRACTICES. 9.1. Contractor shall store all vehicles towed under this Agreement at its storage facility location designated as the primary storage location according to the Proposal and this Agreement. 9.2. Vehicles up to twenty (20) feet in length shall be considered to be one storage unit and shall be assessed the allowable rate for one (1) storage space. The determination of the length of a vehicle shall be limited to the actual area the vehicle and its load (if applicable) cover or project over. 9.3. Contractor shall exercise reasonable care to protect stored vehicles and the personal effects thereof from vandalism, theft or burglary. For purposes of this Agreement, reasonable care shall mean, at a minimum: 9.3.1. Store vehicles in the storage facility completely enclosed by a fence, or other enclosure, and keep all gates, doors and other openings secured at all times except during authorized entry into, or exit from, the storage facility. 9.3.2. When door keys are available, locking vehicle doors and keeping key(s) tagged and stored in an area protected from unauthorized access. 9.3.3. Close vehicle windows and sunroofs, using a tarp to protect a vehicle with broken windows or un-closeable sunroofs. No additional fee will be assessed for this service. 9.3.4. All persons, who are not Contractor personnel, will be escorted when they are inside the secured area. 10. RELEASE OR DISPOSITION OF A VEHICLE. 10.1. Contractor shall provide the following information whenever a vehicle owner/ owner's agent inquires about the release of a vehicle: 10.1.1. Whether the City must authorize release of the vehicle; RFP Towing and Storage Services, Page 24 of 29 10.1.2. When a gate fee is applicable and the amount due; and 10.1.3. Any additional fees that may apply. 10.2. Contractor shall only release vehicles to the registered owner/owner's agent or a person that has legal right to the vehicle under Oregon law unless the City has placed a hold on the vehicle. 10.3. Contractor shall release stolen vehicles to the owner/owner's agent upon payment of towing and storage charges without a release from the City unless the City has placed a hold on the vehicle. 10.4. If the vehicle was impounded for insurance purposes or do to a criminal hold, the Contractor shall not release a vehicle to the owner/owner's agent without a written release on city letterhead from a City representative. The City shall note on the Vehicle Inventory Form or during the tow that "release is required" or that there is a "hold" on the vehicle if a written release from the City is required. 10.5. Contractor shall allow any person who shows proof of ownership or authorization to view the vehicle during normal business hours unless the vehicle was seized or stored as evidence by the Ashland Police Department. 10.6. Unless a hold is placed on a vehicle by the City, the contractor shall allow retrieval of items of a personal emergency nature, such as eyeglasses, medication, clothing, identification, wallets, purses (and their contents), credit cards, check books, any known money-currency, and child safety car and booster seats, except as provided in ORS 819.110 and ORS 819.160. 10.6.1. Contractor shall not remove any parts, property or personal effects or any other thing from a vehicle, except as specifically permitted in this Agreement, or at the explicit request of the vehicle owner/owner's agent. 10.7. Contractor shall assume sole responsibility for the theft, disappearance, or damage of a vehicle, its parts or any personal effects within the vehicle, once the vehicle has been taken under tow. This does not include items removed from the vehicle and taken into custody by the City. 10.8. Contractor shall deliver any citations accompanying the vehicle when releasing a vehicle to the owner/owner's agent. 10.9. Contractor shall provide a notice of release to the City for any vehicle in which the Contractor forecloses a possessor's lien, obtains a dismantling certificate, accepts title in lieu of payment, or files a DMV Form 271. 10.10. Contractor shall abide by all applicable state and local laws when selling or disposing of an unclaimed vehicle. 11. COMPLAINTS. 11.1. Contractor's place of business and storage facility shall have posted in a prominent place a notice entitled "Complaints" setting forth the Contractor's address and telephone number to which complaints should be directed, and a notice that a record of all complaints shall be open to inspection and review by the City at any time on its request. 11.2. Contractor shall provide the name, address and phone number of its insurance agent(s) and the insurance company that issued its policy to any person who requests such information. 11.3. Contractor shall maintain a record of all complaints received either in writing or by telephone. 11.4. Contractor shall refer all complaints of unfair charges to the City. 11.5. Contractor shall provide the City with the name and telephone number of the person RFP Towing and Storage Services, Page 25 of 29 assigned to handle complaints on its behalf. 12. CONTRACTOR'S OBLIGATIONS AND DUTIES. 12.1. Contractor or its insurer shall give 30 days written notice to the City in the event of any cancellation, material change, reduction of limits, or intent not to renew the insurance coverage(s). 12.2. After arriving at the tow scene Contractor shall perform the tow, or determine the appropriate equipment necessary and summon it, as long as Contractor is authorized to perform the tow. 12.3. Contractor shall perform all work in a safe, courteous, and respectful manner. 12.3.1.1. Contractor shall not be verbally or physically offensive, abusive, disrespectful or discourteous to any customer, motorist, City employee or any other person. 12.3.1.2. Contractor shall not operate any vehicle or other equipment in performance of this Agreement in a careless, reckless, or negligent manner. 12.4. Contractor shall be responsible for clean up of an accident scene as provided by ORS 822.225. Contractor shall carry, and use when necessary, absorbent material, brooms, shovels and waste containers to clean the usual debris at accident scenes. Contractor shall train its employees in the proper use of these materials. 12.5. Contractor shall make the business office and storage facilities available for inspection by the City at any reasonable time during normal business hours. 12.6. Contractor shall not cause unnecessary damage to the persons or property of others while performing under this Agreement. 12.7. Contractor shall not make any false statements of material fact, or omit disclosure of material fact in performance of this Agreement. 13. DEFAULT. 13.1. Contractor agrees and recognizes that strict adherence to all terms, and conditions of this Agreement, the rules and directives of the City and the laws of the City, State, and Federal Governments which are material to the performance of this Agreement, are in the public interest and of the utmost importance to the City, and that failure to abide by all rules, directives, laws and all terms and conditions of this Agreement may result in the City exercising its rights to terminate this Agreement or impose other remedies. Contractor shall be in default of this agreement if Contractor: 13.1.1. Commits any material breach or default of any covenant, warranty, certification, duty or obligation it owes under this Agreement; 13.1.2. Loses any license, certificate or certification that is required to perform the duties required by this Agreement; 13.1.3. Institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or 13.1.4. Attempts to assign rights or delegate duties included in this Agreement. 14. TERMINATION. 14.1. MUTUAL CONSENT. This contract may be terminated at any time by mutual consent of both parties. 14.2. DEFAULT OR BREACH. 14.2.1. Either City or Contractor may terminate this contract in the event of a breach of RFP Towing and Storage Services, Page 26 of 29 this Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. 14.2.2. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach may, at any time, terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract according to the terms and within the time specified herein or in any extension thereof. 15. MISCELLANEOUS. 15.1. NON-EXCLUSIVE. This is not an exclusive contract for towing services. The City may from time to time utilize towing services for special needs outside this Agreement at its discretion. The City will make all efforts to utilize the services of Contractors on the list consistent with the interests of public safety and timeliness. 15.2. NON-WAIVER. Waiver by either party of strict performance of any provision of this Agreement shall not waive or prejudice the party's right to require strict performance of the same provision or any other provision in the future. City's acceptance of Contractor's failure to perform an obligation required under this Agreement, shall not affect City's remedies for failure to perform such obligations. 15.3. INDEMNIFICATION. Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this Agreement by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this Agreement). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 15.4. INDEPENDENT CONTRACTOR STATUS. Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 15.5. ASSIGNMENT AND SUBCONTRACTS. Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 15.6. REMEDIES CUMULATIVE. The rights and remedies of City under this Agreement upon a default or breach thereof by Contractor are not exclusive and City shall have all rights and remedies allowed under applicable law in addition to the rights and remedies contained in this Agreement. 15.7. ATTORNEYS' FEES. If any litigation is commenced between the parties to this Agreement, the prevailing party in that litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to a reasonable sum for that party's RFP Towing and Storage Services, Page 27 of 29 attorneys' fees, including attorneys' fees on appeal. The amount of the fees shall be determined by the court in that litigation or in a separate action brought for that purpose. 15.8. NOTICES. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to a party of this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to the party, any managing employee of the party, or, in lieu of personal service, when deposited in the United States mail, first class postage prepaid, addressed to the appropriate party as follows: CITY CONTRACTOR City of Ashland 20 E. Main St. Ashland, OR 97520 Ashland, OR 97520 15.9. STATUTORY REQUIREMENTS. ORS 279B.220, 279B.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract and apply as though set forth fully herein. 15.10. LIVING WAGE REQUIREMENTS. If contractor is providing services under this contract and the amount of this contract is $20,142.20 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 15.11. USE OF RECYCLABLE MATERIALS. Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15.12. GOVERNING LAW; JURISDICTION; VENUE. This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other department of the State of Oregon) and the Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the personal jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 15.13. NONAPPROPRIATIONS CLAUSE. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other RFP Towing and Storage Services, Page 28 of 29 expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 15.14. PRIOR APPROVAL REQUIRED. Approval by the City Council or the Public Contracting Officer is required before any work may begin under this Agreement. 15.15. CERTIFICATION. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. 15.16. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding. 15.17. COMPLETE AGREEMENT. This contract and attached exhibits constitute the entire Agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific purpose given. There are no understandings, agreements, representations, oral or written, not specified in this Agreement. Contractor, by signature of its authorized representative, hereby acknowledges that he/she has read this Agreement, understands it, and agrees to be bound by its terms and conditions. INTENDING TO BE BOUND, the parties have executed this Agreement as of the date written below. CONTRACTOR: By: 10 -30-- Sign re Date -c A- 5 Print Name, Title CITY OF ASHLAND: By: : 21 i ature Date i mac- ~a= ~i Pmt Name, Title AP ROVED FORM AS ty Attorney oataka-_a3-4 RFP Towing and Storage Services, Page 29 of 29 STARCOL-01 CAROLLIU DATE (MM/DD/YYYY) ~R~c CERTIFICATE OF LIABILITY INSURANCE 12/23/2014 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(iss) must 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: YouZoom Insurance Services, Inc PHONE 888 240-8803 F~ No : 877 235-3393 6900 College Blvd E MCAIL Ext Ste 1000 ADDRESS: Overland Park, KS 66211 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Universal Underwriters Insurance Company 41181 INSURED INSURER B : Star Collision Centers, Inc. INSURERC: 509 West Mcandrews Road INSURER D : Medford, OR 97501 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 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 ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMID MM/DD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 300,0 CLAIMS-MADE OCCUR X 278516 0510112014 0510112015 DAMAGE T PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ H POLICY ❑ PRO ❑ LOC PRODUCTS -COMP/OP AGG $ JECT OTHER: BINED AUTOMOBILE LIABILITY Ea accd.n SINGLE LIMIT $ $00,00 A ANY AUTO X 278516 0510112014 05/01/2015 BODILY INJURY (Per person) $ ALL OWNED X SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per accident $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,00 A X EXCESS LIAB CLAIMS-MADE 278516 0510112014 0510112015 AGGREGATE $ DED X RETENTION $ 0 Prod/Comp Agg $ 15,000,00 WORKERS COMPENSATION PER O H- AND EMPLOYERS' LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Garage Liability" X 278516 0510112014 0510112015 Each Acc 300,00 A CustAuto-Dir Prim 278516 0510112014 05101/2015 Limit- 1,250,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) *Products - Completed Operations Aggregate of $900,000 applies to the Garage Liability. -Customer Auto Includes On-Hook Coverage. Endorsement 0532 Applies: Certificate Holder is named as an Additional Insured - Garage Operations. City of Ashland, their officers and employees are Additional Insured. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main St Ashland, OR 97520 AUTHORIZED REPRESENTATIVE Y oom,T nwa4tc&Suv' Inc, ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: STARCOL-01 CAROLLIU LOC ACO~ R Y ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Star Collision Centers, YouZoom Insurance Services, Inc Inc. 509 West Mcandrews Road POLICY NUMBER Medford, OR 97501 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFEcnvE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicies: Star Collision Centers, inc.'s Unicover Policy carries liability limits of $300,000 underlying along with a $5M Commercial Umbrella for a total liability limit of $5.3M per occurrence. Customer Auto includes On-Hook/Garage Keepers Coverage Comp Ded: $1,000/5,000 Coll Ded: $1,000 Full Name of Insured: Star Collision Centers, Inc DBA Star Body Works DBA Star 24 Hour Towing DBA Star Collision Center of Ashland, Inc DBA Star Collision Center DBA Star Collision Center of Rogue River, Inc ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD www.saif.com OREGON WORKERS 'COM^PENSATION S11F CERTIFICATE OF INSURANCE ,corporation MAIL TO: CERTIFICATE HOLDER: STAR COLLISION CENTERS INC STAR BODY WORKS PO BOX 8300 MEDFORD, OR 97501-10600 The policy of insurance listed. below has been issued to the insured named below for the policy period indicated. The insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such polic#. POLICY NO. POLICY PERIOD ISSUE DATE 480082 01/01/2014 to 01/01/2015 01/30/2014 INSURED: BROKER OF RECORD: STAR COLLISION CENTERS INC UNITED RISK SOLUTIONS INC STAR BODY WORKS PO BOX 936 PO BOX 8300 MEDFORD, OR 97501 MEDFORD, OR 97501-0600 LIMITS OF LIABILITY: Bodily Injury by Accident $1,000,000 each accident Bodily Injury by Disease $1,000,000 each employee Body Injury by Disease $1,000,000 policy limit DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS: IMPORTANT: The coverage described above is in effect as of the issue date of this certificate. It is subject to change at any time in the future. This certificate is issued as a matter of information only and confers no rights t&-the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. This certificate does not constitute a contract between the issuing insurer, authorized representative or producer and the certificate holder. AUTHORIZED REPRESENTATIVE President and CEO 400 High Street SE Salem, OR 97312 P: 800.285.8525 F: 503.373.8020 Pol i cy_Batch_CertificateOflnsura nce ACORU" CERTIFICATE OF LIABILITY INSURANCE 04/1DATE1(MM//2201014 Y) ~.i 4 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 CERTICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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 endorsements . PRODUCER CONTACT Arrowhead Automotive Aftermarket Service Center YOUZoom Insurance Services Inc. NAME: 7045 College Blvd., 4th floor A/C No. EXT : 888-240-8803 A/C No): 877-835-1833 Overland Park, KS 66221 E-MAIL arrowhead r ' Fax:877-835-1833; PH: 888-240-8803, Option 1 ADDRESS: AMServiceCenter@ g pcom INSURERS AFFORDING COVERAGE NAIC # INSURED 0125514-00 INSURER A: Universal Underwriters Insurance Company 41181 STAR COLLISION CENTERS, INC. INSURER B: Universal Underwriters of Texas Ins. Co. 40843 NAMED INSURED CONTINUES ON PAGE 3 INSURER C: 509 WEST MCANDREWS ROAD INSURER D: MEDFORD, OR 97501 INSURER E: COVERAGES CERTIFICATE NUMBER: 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 TYPE OF INSURANCE DD'L UB POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR MM/DD/YYYY MM/DD/YYYY A GENERAL LIABILITY ❑ ❑ EACH OCCURENCE $300,000 ® COMMERICAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE ® OCCUR PREMISES occurrence MED EXP (Any y one person) $ ❑ - 278516 05/0112014 05101/2015 PERSONAL & ADV INJURY $ ❑ - GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PROJECT ❑ LOC PRODUCTS -COMP/OP AGG $ El AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $300 000 A ❑ANY AUTO E] E] (Ea Accident) BODILY INJURY (Per person) $ ❑ ALL OWNED AUTOS BODILY INJURY (Per accident) $ ® SCHEDULED AUTOS 278516 05/0112014 05/01/2015 PROPERTY DAMAGE $ ® HIRED AUTOS Per accident ® NON-OWNED AUTOS $ ❑ ❑ EACH OCCURRENCE $ 5,000,000 ❑ UMBRELLA LIAR ®OCCUR ®EXCESS LIAB ❑ CLAIMS-MADE AGGREGATE $ A 278516 05/01/2014 05/01/2015 ❑ DEDUCTIBLE PRODUCTS - COMP/OP AGG $ 15,000,000 RETENTION $ 0 WORKERS COMPENSATION AND WC STATU- ❑ OTH- EMPLOYERS' LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N OFFICERIMEMBER EXCLUDED? ❑ N/A E.L. EACH ACCIDENT $ (Mandatory in NH) ❑ E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT A GARAGE LIABILITY ❑ ❑ 278516 05/01/2014 05101/2015 OTHER THAN AUTO ONLY $ 300,000* 7 ANY AUTO EACH ACC: A CUSTOMER AUTO-DIRECT PRIMARY ❑ ❑ 278516 05/01/2014 05/01/2015 $ 1,200,000 Limit Includes On-Hook Coverage DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Notice: This certificate dated 04/11/2014 revises and replaces the certificate issued on 03/18/2014 for the below named Certificate Holder Reason for Certificate: GENERAL LIABILITY. See Additional Remarks Schedule Attached CERTIFICATE HOLDER CANCELLATION CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 90 NORTH MOUNTAIN AVE ACCORDANCE WITH THE POLICY PROVISIONS. ASHLAND, OR 97520 AUTHORIZED REPRESENTATIVE YouZoom Insurance Services Inc. © 1988-2010 ACORD CORPORATION, All rights reserved ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD r~ 'PIP ti 00 00 O C1 ro 0 i2, `z y TA b yc O A yaz~ cP ~N ~O t IA N 4 ~Q2 °y4 r' ~a uppi nG 2 QG~ `'o Sharlene Stephens From: Kari Olson [kari.olson@ash land. or. us] Sent: Monday, December 15, 2014 3:48 PM To: Sharlene Stephens Cc: 'Kari Olson' Subject: Contact information for Star 24 Hr Towing Star Collision Centers DBA - Star 24 Hr Towing 1119 So. Pacific Hwy Talent, OR 97540 Office 541-535-9003 Dispatch 541-772-3908 Co-owner: Arthur Lamensdorf Jr. Thank you. O Kariann Olson Purchasing Representative City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 Tel: 541.488.5354 Fax: 541.488.5320 TTY: 800.735.2900 kari.olson@ashland.or.us Visit the City's web site at: www.ashland.or.us This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me at (541) 488-5354. Thank you. 1 Sharlene Stephens From: Sandy Orr [sorr@bbnw.com] Sent: Wednesday, December 17, 2014 3:47 PM To: Sharlene Stephens; Tim Clarke; Mike Mastroni Subject: RE: Can One of You Take a Look at This Towing Contract for Me? Hi Sharlene, Per our phone conversation, if the $5 million umbrella policy extends over the General Liability, Auto Liability and Garage Liability, their insurance should meet your $2 million requirements. Thanks, Sandy Orr, CISR I Branch Supervisor Brown & B ro % n T: 541.494.2687 [ 3 It i I I \4 14 1 C: 541.601.3358 114 { I F: 541.494.2787 website + sorr@bbnw.coml 8B Listens OR & SW WA From: Sharlene Stephens [mailto:stephens(&ashland.or us] Sent: Wednesday, December 17, 2014 3:07 PM To: Tim Clarke; Mike Mastroni; Sandy Orr Subject: Can One of You Take a Look at This Towing Contract for Me? This contact is ready to be signed by the city pending approval of the insurance provisions. Do one of you have time to review this and let me know how their insurance compares with what we are requiring? Does their Umbrella Liability and Excess Liability take care of what we are asking for in general liability and auto liability? Don't we need an endorsement from them that states that the city is named as an additional insured on their insurance? Any other things you see here? Please let me know . Thanks, Sharlene Sharlene P. Stephens Risk Management Specialist Administrative Services City of Ashland, 20 East Main St., Ashland, OR 97520 (541) 552-2090 - PHONE TTY 1 (800) 735-2900 (541) 552-2017 - FAX stephens@ashland.or.us This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2090. Thank you. Sharlene Stephens From: AMService [AMServiceCenter@arrowheadgrp.com] Sent: Tuesday, December 23, 2014 12:06 AM To: stephens@ashland.or. us' Cc: Mark Garner Subject: Certificate - Star Collision Centers, Inc. Attachments: 14-15 Certificate - City of Ashland.pdf Hi Charlene, Attached is the proof of insurance you requested. If you need anything else, please do not hesitate to contact us at amservicecenter@arrowheadqrp.com _ or 888-240- 8803. Your business is important to us and we appreciate the opportunity to meet your insurance needs. Sincerely, Customer Service - Automotive Aftermarket YouZoom Insurance Services, Inc. 6900 College Blvd, Suite 1000 1 Overland Park, KS 66211 888-240-8803 AMServiceCenter@arrowheadgrp.com ArrowheaciGM.com I CA License #OG94486 ?lease remember that insurance coverage cannot be bound, amended or cancelled by leaving an electronic or voice maii message. CONFIDENTIALITY NOTICE he information contained in this communication, including attachments, may contain privileged and confidential information that is intended only for the exclusive use of the addressee. If the reader of this message is riot the intended recipient, or employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this cornrnunication in error please notify us by telephone immediately. t'rcducers or po !cdholders cannot bind. . alter or cancel „overage except through ArroojheadExchanae com or by speaking to an authorized representative of Ar;tw i ead General insurance Agency. inc or its affiliates_ Coverage cannot be. assumed to be bound without express confirmation from AnowheadExchange.corn or an authorized representative of Arrowhead General Insurance Agency lnc_ or its affiliates, xrads sort on behalf of Arrowhead Gene ai it swan c r Agency. I Inc and affiliates +nay contain proprietary, confidential or privileged information intended solely for the addressee if you are not the intended recipient, any y,se. copying disclosure dissern,natlon or distribution is strictly prohibifed. If you received the rnessa in error, please notify the sender immediately by return Edlo`12 1, delete the communication and destroy ail copies 0N,F:f EN T fAr _'TY NOTICE The inforn?at on contained in the email communication. including attachrnents is pi iviieged and confidential. It is intended only for the exclusive use of the addressee if the reader is not the intended recipier t. or the employee, or the agent responsible for delivering it to the intenders ier,;pient you are hereby notified that any dissemination, distribution or copying of the cornnunication is strictly prohibited_ if you have iecew6d the ema;. comnnu nice oil 0 error pease notify Arrowheads Privacy Coordinator by return email or telephone in;mediateiy. Youz i _+sr.;Pa ;e services. Inc. is an afflhaie of Arrowhead 'several insurance Agen;;y. Inc 1 m~ Page 1 / 1 1w CITY OF DATE PO NUMBER ASHLAND ,11 20 E MAIN ST. 1/26/2015 12699 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 000921 SHIP TO: City of Ashland - Police Dept. STAR COLLISION CENTERS INC 1155 E MAIN STREET PO BOX 8300 ASHLAND, OR 97520 MEDFORD, OR 97501 FOB Point: Ashland, Oregon Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Gail Rosenberg Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price Towing services for Police impounds 900.00 Per attached contract for Towing Services SUBTOTAL 900.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 900.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 110.06.12.00.60164 900.00 VENDOR Author Wed Signature COPY FORM #3 CITY OF ASHLAND REQUISITION Date of request: 01/26/15 Required date for delivery: Vendor Name Star 94 Hnnr Tnwing Address, City, State, Zip Contact Name & Telephone Number Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES El Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Towing services for Police Impounds $900.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $ Project Number _ _ - _ Account Number 110.06.12.00.601640 Account Number Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes/ No By signing this requisition rm, certify ZM e C ity's public contracting requirements have been satisfied. Employee: Dp Department Head: L (Equal to or greater than $5,000) Department/ anager,ISupervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year: YES / NO. Finance Director- (Equal to orgreaterthan $5,000) Date Comments: Form #3 - Requisition