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HomeMy WebLinkAboutCONTRACT - CHOICE TOWING LLC - RFP - 9752 POLICE TOWING SERVICES - ROTATING - MULTIPLE PROVIDERS Official Purchasing Document Last updated 1/2023 Services Agreement – Choice Towing, LLC 9752 – Police Towing Services – Rotating – Multiple Providers Page 1 of 14 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and CHOICE TOWING, LLC, a Colorado Limited Liability Company, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of five (5) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence April 14, 2023, and shall continue in full force and effect until April 13, 2024, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least ten (10) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Service Provider shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Notices. All notices provided under this Agreement shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following addresses: DocuSign Envelope ID: 4860B038-F46C-43EF-B77B-534767DB8431 Official Purchasing Document Last updated 1/2023 Services Agreement – Choice Towing, LLC 9752 – Police Towing Services – Rotating – Multiple Providers Page 2 of 14 Service Provider: City: Copy to: Choice Towing, LLC Attn: Michelle Jones 1605 E. Lincoln Ave. Fort Collins, CO 80524 michelle@choicetowingco.com City of Fort Collins Attn: Frank Barrett PO Box 580 Fort Collins, CO 80522 fbarrett@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Compensation. The Service Provider will charge the owner of the vehicle on which towing services are performed for services performed pursuant to this Agreement, in accordance with Exhibit A, Section G and subject to the fees, additions and deletions provided in Exhibit B, consisting of one (1) page and incorporated herein by this reference. The Service Provider shall be solely responsible for the collection of payments from the vehicle owner, and the City shall not be liable for any payments to the Service Provider. 8. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 9. Independent Service Provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 10. No Partnership or Agency. Notwithstanding any language in this Agreement or any representation or warranty to the contrary, the parties shall not be deemed or constitute partners, joint venture participants, or agents of the other. Any actions taken by the parties pursuant to this Agreement shall be deemed actions as an independent contractor of the others. 11. No Third-Party Beneficiaries. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the parties. It is the express intention of the parties that any person or entity other than the Parties shall be deemed to be only an incidental beneficiary under this Agreement. DocuSign Envelope ID: 4860B038-F46C-43EF-B77B-534767DB8431 Official Purchasing Document Last updated 1/2023 Services Agreement – Choice Towing, LLC 9752 – Police Towing Services – Rotating – Multiple Providers Page 3 of 14 12. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the City, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. Irrespective of any subcontractors named in Exhibit A, Service Provider shall be solely responsible for performance of all duties hereunder. 13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 14. Warranty. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail themselves of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. DocuSign Envelope ID: 4860B038-F46C-43EF-B77B-534767DB8431 Official Purchasing Document Last updated 1/2023 Services Agreement – Choice Towing, LLC 9752 – Police Towing Services – Rotating – Multiple Providers Page 4 of 14 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page attached hereto, and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Director, purchasing@fcgov.com or P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 19. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 20. Utilization by Other Agencies. The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the City of Fort Collins in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established between them and the Service Provider. The City’s concurrence hereunder is subject to the Service Provider’s commitment that this authorization shall not have a negative impact on the work to be completed for the City. 21. Prohibition Against Unlawful Discrimination. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, affirmatively ensures that for all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the contract and are not to be discriminated against on the grounds of race, color, or national DocuSign Envelope ID: 4860B038-F46C-43EF-B77B-534767DB8431 Official Purchasing Document Last updated 1/2023 Services Agreement – Choice Towing, LLC 9752 – Police Towing Services – Rotating – Multiple Providers Page 5 of 14 origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 22. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 23. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 24. Force Majeure. No Party hereto shall be considered in default in the performance of an obligation hereunder to the extent that performance of such obligation is delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of the defaulting Party which could not reasonably have been foreseen and guarded against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference by civil or military authorities, compliance with regulations or orders of military authorities, and acts of war (declared or undeclared), provided such cause could not have been reasonably foreseen and guarded against by the defaulting Party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 25. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D - Confidentiality, consisting of one (1) page, attached hereto, and incorporated herein by this reference. [Signature Page Follows] DocuSign Envelope ID: 4860B038-F46C-43EF-B77B-534767DB8431 Official Purchasing Document Last updated 1/2023 Services Agreement – Choice Towing, LLC 9752 – Police Towing Services – Rotating – Multiple Providers Page 6 of 14 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: CHOICE TOWING, LLC By: Printed: Title: Date: DocuSign Envelope ID: 4860B038-F46C-43EF-B77B-534767DB8431 President/Owner MICHELLE JONES 4/28/2023 Assistant City Attorney ll 4/28/2023 City Clerk Official Purchasing Document Last updated 1/2023 Services Agreement – Choice Towing, LLC 9752 – Police Towing Services – Rotating – Multiple Providers Page 7 of 14 EXHIBIT A SCOPE OF SERVICES A. Scope of Work 1. The type of towing services required will vary by type of vehicle and type of tow. Automobiles and light to medium duty trucks may be towed using a tilt-bed wrecker or a standard wrecker with underbody or wheel dolly equipment. A tilt-bed wrecker may be specified by the City based on the judgement of the requesting City representative. Wreckers dispatched to tow single-axle, heavy duty trucks and mini-buses must have a GVWR of between 19,501 and 29,999 pounds. Those dispatched to tow tandem-axle trucks and full-size buses must have a GVWR of at least 30,000 pounds. 2. Service Provider shall maintain true and accurate records according to the daily record requirements of CRS Section 42-5-105. Towing shall be done so as to prevent damage to towed vehicles or to minimize further damage to vehicles which are already damaged. 3. The Service Provider shall have a fenced, secure vehicle storage lot and provide reasonable protection (such as secure tarping) for the vehicle when broken windows or open doors expose the vehicle to the environment. Stored vehicles shall not be released until the rightful ownership of the vehicle is established. The City shall not be responsible for payment of towing or storage fees for vehicles towed to a storage lot. 4. If the Service Provider cannot be reached at the designated phone number three or more times in a 30-day period, or if the Service Provider fails to respond to a towing request within the time limits established in these Specifications more than three times in a 30-day period, the Service Provider’s agreement may be terminated. B. Service Provider shall: 1. Own or lease and operate a fleet of tow vehicles capable of providing towing services as set forth in this RFP. Leased vehicles must be in regular use by the Service Provider and have been procured under multi-year operating lease agreements. 2. Make tow vehicles available for inspection by Fort Collins Police Services (FCPS) personnel when requested. 3. Provide towing services, on an as-needed basis, 24 hours a day, seven days a week, 365 days a year. 4. Make all vehicle hook-ups according to manufacturer’s specifications contained in the vehicle “Owner’s Manual” or according to the most current edition of the “AAA Towing Manual”. 5. Have a valid Tow Permit issued by the Colorado Public Utilities Commission and comply with all applicable Federal, State, and local regulations. 6. Provide the City with a single telephone number to be used for requesting towing services 24 hours a day, seven days a week. This phone number must be answered by a person who can dispatch a tow truck and give the requesting City representative an DocuSign Envelope ID: 4860B038-F46C-43EF-B77B-534767DB8431 Official Purchasing Document Last updated 1/2023 Services Agreement – Choice Towing, LLC 9752 – Police Towing Services – Rotating – Multiple Providers Page 8 of 14 accurate estimated time of arrival (ETA), or schedule towing when immediate service is not being requested. 7. Dispatch tow trucks using radio, cellular phone or other electronic means of communications between the Service Provider’s dispatch and driver. 8. Be at the disabled vehicle location within 30 minutes of receiving a request for towing services, unless the City representative initiating the request authorizes additional time. 9. Immediately, upon receiving a request for tow, advise the City representative if a tow truck cannot be at the disabled vehicle location within 30 minutes so service can be requested by the City from an alternate source. 10. Provide towing using equipment appropriate to the type of vehicle being towed. 11. Ensure that tow company personnel present a neat appearance. Their full name and company name must appear on shirt and jacket. 12. Ensure that company vehicles are kept clean and that the company name is prominently displayed on the vehicle. Company name must match that used in this Agreement. 13. Maintain an adequate facility where vehicles can be safely stored in a fenced, outside enclosure. The owner or manager of the towing carrier must be available to respond to the towing carrier's storage facility when no other employee of the carrier is available at the carrier's storage facility during normal business hours. 14. Service Provider is not to release possession of a vehicle, or any property therein, that has been designated as having a "police hold" until authorized by the FCPS. 15. Service Provider is not to release possession of stored vehicles until the rightful ownership or right to legal possession of the vehicle is clearly established. If the vehicle is driven from the towing carrier's premises, the driver must be licensed and sober, and be in possession of current proof of insurance. The towing carrier must agree to waive any lien that the carrier may have against personal property contained in any vehicle towed under this policy including, without limitation, any lien authorized under C.R.S. Section 42- 4-1806, including reasonable access during regular business hours by the rightful owner or their representative to a stored vehicle to retrieve personal items such as keys, wallets, purses, checkbooks, credit cards, infant safety seats, tool and electronics (not including electronic equipment such as stereos that are permanently attached to the vehicle.) C. Service Provider’s Drivers shall: 1. Drive in a normal and prudent manner in compliance of all traffic laws unless otherwise directed by a police officer or community service officer. 2. Cooperate with on-scene police personnel and shall not hook up to any vehicle or clean up any debris until told to do so by the on-scene officer. All debris, including fluids, shall be removed from the immediate area upon request of an officer. DocuSign Envelope ID: 4860B038-F46C-43EF-B77B-534767DB8431 Official Purchasing Document Last updated 1/2023 Services Agreement – Choice Towing, LLC 9752 – Police Towing Services – Rotating – Multiple Providers Page 9 of 14 3. Accomplish vehicle tows in such a manner as to prevent or minimize any additional damage to the vehicle or other property. 4. Offer the owner/operator of the vehicle, upon immediate payment by cash or credit card, towing of a vehicle to a destination of the owner’s choice where the vehicle can be legally parked or stored, other than the Service Provider’s storage facility location, including any address within the city limits of Fort Collins. This service shall be provided for no additional cost or fee other than mileage. Approximate mileage fees shall be disclosed to the owner prior to beginning the transport to a location other than the Service Provider’s storage facility location. 5. Provide the owner/operator of the towed vehicle with a document containing the following information: a) Tow company storage facility location. b) Company business phone numbers. c) Hours of operation; and d) A copy of the Uniform Towing Cost Schedule, upon which the applicable charges are indicated, including but not limited to: ● Tow fee and mileage charge ● Site clean-up, winching, and vehicle dolly fees ● Non-business hours gate fees, if any D. FCPS Personnel will: 1. Call the listed Service Provider’s number to request towing services. Service Provider’s will be called in rotation for the towing of vehicles up to 29,999 GVWR. The towing of heavier vehicles will be rotated between the two companies with suitable equipment. 2. Provide company dispatch personnel with the disabled vehicle type, location, vehicle damage, and any other information pertinent to the requested tow. 3. Assign towing of vehicles to be held for accident investigation or other investigative purposes to the towing company contracted to perform towing of City vehicles. 4. In the case of multiple tows, at the officer’s discretion, designate responsibility for towing a vehicle other than the original dispatch request. E. General Operating Procedures: 1. The City shall not be responsible for payment of any charges arising from tow requests made on the behalf of private citizens, such as motor vehicle accidents, disabled vehicles, abandoned vehicles, or private property tows. Payment must be arranged with the vehicle driver/owner. 2. Only those towing carriers providing services under this Agreement will be called for the removal of abandoned vehicles. 3. If the FCPS dispatch center receives a no answer or a turn down from a towing DocuSign Envelope ID: 4860B038-F46C-43EF-B77B-534767DB8431 Official Purchasing Document Last updated 1/2023 Services Agreement – Choice Towing, LLC 9752 – Police Towing Services – Rotating – Multiple Providers Page 10 of 14 carrier called, the call will be considered as a turn in the rotation, and the towing carrier will be rotated to the bottom of the tow list. 4. If the FCPS dispatch center is put on hold for any reason by a towing carrier called, the next towing carrier on the list will be called, and the towing carrier placing the dispatch caller on hold will be rotated to the bottom of the tow list. 5. If the FCPS dispatch center receives a busy signal, they will call the next towing carrier on the list, however, the first carrier called will remain on the top of the tow list. 6. When contacted by FCPS for a tow call, a towing carrier is required to advise dispatch of their estimated response time. If such response time will be longer than 30 minutes, FCPS may call another towing carrier and the first carrier called will be rotated to the bottom of the tow list. 7. If a towing carrier is requested to respond with specific equipment and fails to do so, the carrier will not be used, and will be rotated to the bottom of the tow list. 8. If the on-scene officer feels the towing equipment or operator are not capable of safely handling the call, he/she shall have the right to refuse the towing carrier's service without charge and may call another towing carrier. Such an action will be subject to later review by the FCPS liaison if requested by the towing carrier. F. Other Requirements: 1. Service Provider shall not solicit the owner of any vehicle towed under this Agreement for repairs to that vehicle, either at the Service Provider's facility or any other repair facility. 2. Service Providers must notify the City Representative when towing equipment is added or deleted from their inventory. 3. Service Provider must obtain a clearance from FCPS for drivers prior to assigning them to provide services under this Agreement. Police Services will check all sources of information they deem relevant and appropriate before issuing a clearance. The Service Provider shall provide the City Representative with the following information about each person seeking clearance: ● Full name, date of birth, social security number, and valid driver’s license number. 4. No person may tow vehicles under this Agreement if that person has: ● An active criminal arrest warrant. ● A conviction for any felony, on parole for such felony, or who has been released from custody for such felony within the previous five years. ● A conviction, deferred sentence or adjudication for a misdemeanor offense or an offense which would be a misdemeanor as defined by Fort Collins Municipal Code from another jurisdiction, on drug related charges within the previous five years. DocuSign Envelope ID: 4860B038-F46C-43EF-B77B-534767DB8431 Official Purchasing Document Last updated 1/2023 Services Agreement – Choice Towing, LLC 9752 – Police Towing Services – Rotating – Multiple Providers Page 11 of 14 ● A conviction, deferred sentence or adjudication for a misdemeanor offense or an offense which would be a misdemeanor as defined by Fort Collins Municipal Code from another jurisdiction, on non-drug-related charges within the past three years. ● The above stated conviction standards apply for tow owners as well as operators. G. Service Provider Receipt of Services: A receipt shall be provided by the Service Provider to the owner/operator of a towed vehicle that includes, in such form, design and manner as prescribed by the City, the following information: 1. The Uniform Towing Fees Schedule indicating which costs and fees were applied for the service provided. 2. The Fort Collins Police Case Number 3. The following statements: ● “This Towing Service Provider has entered into an Agreement with the City of Fort Collins to provide towing services. The rates charged for this service have been agreed upon by both the City and the Service Provider and are indicated above. Questions or concerns about these services should be directed to the Service Provider.” ● “The owner/operator of a vehicle may request, upon immediate payment by cash or credit card, towing of the vehicle to a destination of the owner/operator’s choice where the vehicle can be legally parked or stored, other than the Service Provider’s storage facility location, including any address within the city limits of Fort Collins. This service shall be provided for no additional cost or fee other than mileage.” Approximate mileage fees shall be disclosed to the owner/operator prior to beginning the transport to a location other than the Service Provider’s storage facility location. ● “An owner/operator may have reasonable access during regular business hours to a vehicle to retrieve personal items such as keys, wallets, purses, checkbooks, credit cards, infant safety seats, tool and electronics (not including electronic equipment such as stereos that are permanently attached to the vehicle.) H. Failure To Comply With Procedures And Requirements: 1. Towing carriers may be terminated with no cure period from providing services under this Agreement for failure to comply with any procedure or requirement of this Agreement or any violation of any Federal, State and local laws, ordinances, rules, or regulations. 2. Any complaints against Service Providers resulting from performance or non- performance specified under this Agreement shall be referred to the FCPS designated liaison. If the FCPS liaison finds the complaint substantiated, he or she may issue a verbal or written warning, terminate a towing carrier from providing services under this Agreement, and/or notify the Colorado Public Utilities Commission of the complaint. DocuSign Envelope ID: 4860B038-F46C-43EF-B77B-534767DB8431 Official Purchasing Document Last updated 1/2023 Services Agreement – Choice Towing, LLC 9752 – Police Towing Services – Rotating – Multiple Providers Page 12 of 14 EXHIBIT B BID SCHEDULE/COMPENSATION The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price adjustments may only be negotiated and agreed to in writing at the time of renewal. The following Uniform Towing Cost Schedule of billing rates by category of service will be used during the term of the Agreement. This fee schedule will be firm for at least one (1) year from the date of the Agreement. The fee schedule will be used as a basis for determining fees should additional services be necessary. DocuSign Envelope ID: 4860B038-F46C-43EF-B77B-534767DB8431 Official Purchasing Document Last updated 1/2023 Services Agreement – Choice Towing, LLC 9752 – Police Towing Services – Rotating – Multiple Providers Page 13 of 14 EXHIBIT C INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Service Provider shall maintain during the life of this Agreement such General Liability as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for General Liability shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement such Automobile Liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for Automobile Liability shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: 4860B038-F46C-43EF-B77B-534767DB8431 Official Purchasing Document Last updated 1/2023 Services Agreement – Choice Towing, LLC 9752 – Police Towing Services – Rotating – Multiple Providers Page 14 of 14 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 4860B038-F46C-43EF-B77B-534767DB8431 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ADDL SUBRINSRLTRINSD WVD DATE (MM/DD/YYYY) CONTACTPRODUCERNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITSPOLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT $OTHER: COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $(Per accident)AUTOS ONLY AUTOS ONLY $ EACH OCCURRENCE $OCCUR CLAIMS-MADE AGGREGATE $ $DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Policy Number: 1605 E Lincoln Ave Fort Collins, CO 80524 P and G Insurance Professionals, LLC PO Box 22867 Denver, CO 80222 (303)478-4582 Date Entered: (888)791-4038 shawn.gerdes@pandgip.com Choice Towing, LLC 3/16/2023 A K2GP423855 3/16/2023 3/16/2024 2,000,000 2,000,000 1,000,000 1,000,000 A K2GP423855 3/16/2023 3/16/2024 1,000,000 B 4146924 12/1/2022 12/1/2023 100,000 100,000 500,000 cert holder listed as additional insured with respects to general and automobile liability City of Fort Collins Purchasing Division 215 N Mason St, 2nd Floor PO Box 580 42390 524210 2/28/2014 Fort Collins, CO 80522 A A Garagekeepers On Hook Heavy K2GP423855 K2GP423855 03/16/2023 03/16/2024 03/16/2023 03/16/2024 450,000 450,000 A On Hook Light Duty K2GP423855 03/16/2023 03/16/2024 100,000 AmGuard Pinnacol Assurance DocuSign Envelope ID: 4860B038-F46C-43EF-B77B-534767DB8431