HomeMy WebLinkAboutCONTRACT - IMPORT TOWING AND RECOVERY OF WYOMING INC - RFP - 9752 POLICE TOWING SERVICES - ROTATING - MULTIPLE PROVIDERS Official Purchasing Document
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Services Agreement – Import Towing and Recovery of Wyoming, INC.
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 IMPORT TOWING AND RECOVERY OF WYOMING, INC., a
Colorado Corporation, 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: 631417F2-A241-48C2-8B0E-B0023632F025
Official Purchasing Document
Last updated 1/2023
Services Agreement – Import Towing and Recovery of Wyoming, INC.
9752 – Police Towing Services – Rotating – Multiple Providers Page 2 of 14
Service Provider: City: Copy to:
Import Towing and Recovery
of Wyoming, Inc.
Attn: Debra Milan
2829 Laporte Ave.
Fort Collins, CO 80521
importtowing@gmail.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.
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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.
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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
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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: 631417F2-A241-48C2-8B0E-B0023632F025
Official Purchasing Document
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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:
IMPORT TOWING AND RECOVERY OF
WYOMING, INC.
By:
Printed:
Title:
Date:
DocuSign Envelope ID: 631417F2-A241-48C2-8B0E-B0023632F025
4/21/2023
President
Debra Milan
Assistant City Attorney ll
4/24/2023
City Clerk
Official Purchasing Document
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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’s 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 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
accurate estimated time of arrival (ETA), or schedule towing when immediate service is
not being requested.
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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.
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
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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
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.
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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.
● 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:
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A receipt to 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.
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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.
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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: 631417F2-A241-48C2-8B0E-B0023632F025
Official Purchasing Document
Last updated 1/2023
Services Agreement – Import Towing and Recovery of Wyoming, INC.
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: 631417F2-A241-48C2-8B0E-B0023632F025
DocuSign Envelope ID: 631417F2-A241-48C2-8B0E-B0023632F025
DocuSign Envelope ID: 631417F2-A241-48C2-8B0E-B0023632F025