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Home My WebLink AboutAgreements/Contracts - Sheriff & Jail (002)el-- K19-199 2020 - 2022 GRANT COUNTY SHERIFF TOWING CONTRACT THIS CONTRACT (Contract) is made and entered into by and between the following: GRANT COUNTY, WASHINGTON, by and through the Grant County Sheriff's Office (COUNTY), a political subdivision of the State of Washington, and Agri Fix Towing, (TOW COMPANY). WHEREAS, the COUNTY desires to have certain services performed as hereinafter set forth requiring specialized skill and other supportive capabilities; and WHEREAS, TOW COMPANY represents that it is qualified and possess sufficient skills and the necessary capabilities, including technical and professional expertise where required, to perform the services set forth in this Contract; and WHEREAS, the parties desire to memoralize their agreement. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, the parties agree as follows: 1. SERVICES a. TOW COMPANY RESPONSIBILITIES TOW COMPANY agrees to provide towing services, to include hulk vehicles as described in RCW 46.55.010, as directed by COUNTY by and through the Grant County Sheriff's Office on its rotational call out list, pursuant to Grant County Ordinance/Resolution No. 97 -211 -CC, RCW 46.55.115, and WAC 204-91A-140. Said vehicles shall be taken to a location designated by a law enforcement officer at the time of towing, or to a designated holding facility. TOW COMPANY must have a certified Class A or Class B recovery truck. All towing services shall be performed in accordance with the provisions of Chapter 46.55 RCW, Chapter 204-91A WAC and Chapter 308- 61 WAC, as currently formulated or as may be subsequently amended. b. COUNTY RESPONSIBILITIES The Grant County Sheriff's Office shall call TOW COMPANY for call requiring towing of vehicles on its rotational call out list. The Grant County Sheriff's Office shall not remove TOW COMPANY from the rotation when the TOW COMPANY has responded to remove a hulk vehicle as described by RCW 46.55.010, thereby allowing them to receive the next paid tow. 2. DURATION OF CONTRACT The duration of this Contract shall be for one (3) years commencing on the 1St day of January, 2020 and shall terminate on the 31St day of December, 2022. 3. CHARGES FOR SERVICE Rates shall be as follows: The maximum rate will be the same as the current rates charged by the Washington State Patrol. 4. LICENSING/INSPECTION TOW COMPANY shall be a registered tow truck operator, and shall provide to the COUNTY a copy of the following current documents upon execution of this Contract and upon other times as requested by Grant County Sheriff; MASTER BUSINESS LICENSE, pursuant to RCW 46.55.020; CERTIFICATE OF INSURANCE, pursuant to RCW 46.55.030(3); WASHINGTON STATE PATROL INSPECTION REPORT, pursuant to RCW 46.55.040 Failure to provide these documents when requested will result in immediate termination of this Contract. 5. RELATIONSHIP OF THE PARTIES a. The parties intend that an independent contractor relationship will be created by this Contract. The COUNTY is interested primarily in the results to be achieved; implementation of services will lie solely with TOW COMPANY. TOW COMPANY shall not be deemed to be an employee, agent, servant or representative of the COUNTY for any purpose, and TOW COMPANY is not entitled to any of the benefits the COUNTY provides COUNTY employees. b. TOW COMPANY will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, representatives, sub -contractors or otherwise, during the performance of this Contract. 6. HOLD HARMLESS/INDEMNIFICATION a. TOW COMPANY agrees to indemnify, defend and hold harmless the COUNTY, its elected officials, employees and agents, from and against any and all liability, loss, damage, expenses, action, claims, including reasonable attorney fee's incurred by COUNTY, its elected officials, employees and agents in defense thereof, on account of or arising out of the performance of this Contract. b. In the event of claims or actions arising out of the concurrent negligence of the parties, the above indemnification provision shall be valid and enforceable to the extent of the negligence of TOW COMPANY, its officers, employees and agents. c. For purposes of this section, TOW COMPANY expressly waives its immunity under the Worker's Compensation Act or any similar law. 7. TERMINATION a. Either party may terminate this Contract by giving 30 days written notice. The notice shall state the effective date of termination. b. Upon termination of tow related criminal activity, deliberate over charging, or failure to follow the requirements outlined in applicable RCWs or WACs, the COUNTY may, in its sole discretion terminate this Contract by giving TOW COMPANY immediate verbal or written notice of same. Upon receipt of said notice, TOW COMPANY shall cease any activity called for under this Contract. c. The COUNTY shall be responsible only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. 8. NO WAIVER OF COVENANTS Any waiver by either party of any breach hereof by the other shall not be considered a waiver of any future similar breach. This Contract contains all the agreements between the parties. There shall be no modification of the Contract except by written instrument. 9. NOTICE Any notice required to be given by either party to the other shall be deposited in the United States Mail, postage prepaid, addressed to the COUNTY at: Grant County Sheriff's Office, PO Box 37, Ephrata, Washington 98823, or to (TOW COMPANY), or at such other address as either party may designate to the other in writing from time to time. 10. APPLICABLE LAW This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 11. INVALIDITY Any provision of this Contract which shall prove to be invalid, void or illegal, shall in no way affect, impair or invalidate any of the other provisions hereof and such other provisions shall remain in full force and effect despite such invalidity or illegality. 12. INSURANCE IN WITNESSWHEREOF, the parties hereto have hereunto set their hands the date first above written. TOW COMPANY: AGRI FIX TOWING DARIN HENDRICKSON GR UNTY S ERIFF'S OFFICE THOMAS E. JONES, SHERIFF GRANT COUNTY COMMISSIONER TT-r7a-"-t�- CHAIR ACORIQO CERTIFICATE OF LIABILITY INSURANCE k.—_ ATE D06/26/2019 v) 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 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 BRANDI HEINZMANN P(A)C,E#:253.862.3610 FAX No: 253 862-3265 VIRGIL MCLAGAN COMPANY E,75%AEss: brandi mcla anins.com PO BOX 7950 INSURER(S) AFFORDING COVERAGE NAIC# BONNEY LAKE, WA 98391 INSURER A: WESTERN NATIONAL ASSURANCE 24465 07/01/202 INSURED INSURER B: AGRI-FIX , LLC 6928 ROAD L NE MOSES LAKE WA 98837 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 103725 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ANSRL W BD POLICY NUMBER POLICY M DDIY`lEFF tPOLDpY EXY LIMITS A GENERAL LIABILITY X CPP1026364 07/01/201 07/01/202 EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occu ence) $ 100,000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ 5,000 CLAIMS -MADE 7 OCCUR PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2.000,000 $ COMBINED SINGLE LIMIT $ 1,000,000 Ea accident) POLICY JjECOT LOC A AUTOMOBILE LIABILITY X CPP1024942 07/01/201 07/01/202 BODILY INJURY (Per person) $ ANY AUTO GARAGEKEEPER BODILY INJURY (Per accident) $ ALL OWNED X SCHEDULED AUTOS AUTOS PROPERTY DAMAGE $ Per accident X NON -OWNED X HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I RETENTION $ $ WORKERS COMPENSATION W STI.ATU- DER E.L. EACH ACCIDENT $ AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE❑ N / A E.L. DISEASE - EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - POLICY LIMIT 1 $ If yes, describe under DESCRIPTION OF OPERATIONS below CPP1026368 07/01/2019 07/01/2020 INLAND MARINE/CARGO MIN.PER VEHICLE $50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) TOW TRUCK OPERATOR i,rm I Ir it, r+1 r- nvw GRANT COUNTY SHERIFF'S OFFICE PO BOX 37 EPHRATA WA 98823 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE :tri. "6rl', moil'n In 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD INSPECTION REPORT ® Annual Business & Equipment Inspection ❑ Add Equipment 5144 6 -MOS -0100 6 DOL Registration Number ESR Number District Agri -Fix Towing Applicant's Firm Name 6928 Road L NE Moses Lake Firm Address City Same As Above ❑ Delete Equipment ❑ New Business Grant 7 County Tow Zone (509) 765-1315 Phone Number 98837 ZIP Code Mailing Address City ZIP Code Off-Site(s) Storage Location(s) City ZIP Code I certify that the above-named Tow Business was inspected on 07/30/19 . I further certify that the paragraph checked below is my recommendation to the Equipment and Standards Section concerning the above business. J. Knutson Name of Trooper 1058 7 / Badge Signature of Trooper Date The above-named tow business meets the renewal requirement and qualifications per DOL as outlined in the Revised Code of Washington 46.55.030(1)(g): A certificate of approval from the Washington state patrol certifying that: (i) The applicant has an established place of business and that mail is received at the address shownon the application.......................................................................................................................® Yes []No (ii) The address of any storage locations where vehicles may be stored is correctly stated onthe application...................................................................................................................................® Yes ❑ No (iii) The place of business has an office area that is accessible to the public without entering the storagearea............................................................................................................................................® Yes ❑ No and (iv) The place of business has adequate and secure storage facilities, as defined in this chapter and the rules of the department, where vehicles and their contents can be properly stored and protected................................................................................................................................................® Yes [:]No The above-named tow business meets the minimum requirements and qualifications as outlined in the Revised Code of Washington 46.55 and the Washington Administrative Codes 204-91A and 308-61 .........® Yes ❑ No If the tow operator does not meet the minimum requirements, the reasons for failure to qualify will be attached in a separate report. TOW TRUCK EQUIPMENT 1) Tow Truck Classification / DOL Number 2) Tow Truck License Number* 3) Tow Truck Year and Make Check if Original Inspection/Deletion *If replacement plate, list old number 3000-150-020A (R 9/15) For additional tow trucks, attach additional equipment inspection forms. 'A 4 s E/001 B/003 E/008 E/010 A/011 B94269Z B82223G C19682J B32703W B58565V 00 FORD 00 FORD 09 FORD 11 FORD 06 FORD ❑/❑ ❑/❑ ❑/❑ ED El ❑/❑ INSPECTION REPORT TOW TRUCK EQUIPMENT 1) Tow Truck Classification / DOL Number 2) Tow Truck License Number* 3) Tow Truck Year and Make For additional tow trucks, attach additional equipment inspection forms. 1 2 3 4 5 S/012 A/013 C-014 E-015 C67426A C095901F C19166J C86314M 06 FRGHT 15 FORD 09 KEN 17 FORD Check if Original Inspection/Deletion ❑ / ❑ ❑ / ❑ ❑ / ❑ ❑ / ❑ ❑ / ❑ *If replacement plate, list old number TOW TRUCK EQUIPMENT 1) Tow Truck Classification / DOL Number 2) Tow Truck License Number* 3) Tow Truck Year and Make For additional tow trucks, attach additional equipment inspection fon-ns. 1 2 3 4 5 Check if Original Inspection/Deletion ❑ / ❑ 1:1/1:1 ❑ / ❑ ❑ / ❑ ❑ / ❑ *If replacement plate, list old number TOW TRUCK EQUIPMENT 1) Tow Truck Classification / DOL Number 2) Tow Truck License Number* 3) Tow Truck Year and Make For additional tow trucks, attach additional equipment inspection forms. 1 2 3 4 5 Check if Original Inspection/Deletion ❑ / ❑ ❑ / ❑ ❑ / ❑ ❑ / ❑ ❑ / ❑ *If replacement plate, list old number TOW TRUCK EQUIPMENT 1) Tow Truck Classification / DOL Number 2) Tow Truck License Number* 3) Tow Truck Year and Make Check if Original Inspection/Deletion *If replacement plate, list old number 3000-150-0206 (R 9/15) For additional tow trucks, attach additional equipment inspection forms. 1 2 3 4 5 ❑/❑ ❑/❑ ❑/❑ ❑/❑ ❑/❑ r:\7" G.n O b 9 G � x Q O �H'L tR89 � Y STATE OF WASHINGTON Limited Liability Company BUSINESS LICENSE AGRI-FIX, LLC 6928 ROAD L NE MOSES LAKE, WA 98837-8624 UNEMPLOYMENT INSURANCE - ACTIVE TAX REGISTRATION - ACTIVE OFF-ROAD VEHICLE DEALER #0227 - ACTIVE MOTOR VEHICLE SALVAGE PROCESSOR #9915 - ACTIVE Issue Date: Sep 06, 2019 Unified Business ID #: 602856648 Business ID #: 001 Location: 0001 Expires: Aug 31, 2020 INDUSTRIAL INSURANCE - ACTIVE MOTOR VEHICLE DEALER #7269 - ACTIVE REGISTERED TOW TRUCK OPERATOR #5144 - ACTIVE CITY ENDORSEMENTS: MOSES LAKE GENERAL BUSINESS #BUS2017-0045 (EXPIRES 12/31/2019) - ACTIVE LICENSING RESTRICTIONS: Not licensed to hire minors without a Minor Work Permit. This document lists the registrations, endorsements, and licenses authorized for the business named above. By accepting this document, the licensee certifies the information on the application was complete, true, and accurate to the best of his or her knowledge, and that business will be conducted in compliance with all applicable Washington state, county, and city regulations. Director, Departm t of Revenue —