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Home My WebLink AboutAgreements/Contracts - Sheriff & Jail (002)K20-003 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 Davis 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 151 day of January, 2020 and shall terminate on the 3151 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 MP Y: IS TOWING l LARRY DAVIS, OWNER GRANT -COUNTY SHERIFF'S OFFICE THOMAS E. JONES, SHERIFF G AT ll UNT rO SSIONER CHAIR 'iBUSINESS U_ LICENSE STATE Or - Issue Date: Nov 01, 2019 .;.StttntJTO Unified Business ID #: 601040997 Sole Proprietor Business ID #: 001 Location: 0002 LARRY D DAVIS Expires: Oct 31, 2020 DAVIS AUTOMOTIVE & WELDING - 20480 MORRISON AVE BEVERLY. WA 99321 - F` REGISTERED TOW TRUCK OPERATOR #05323 - ,;1 ACTIVE pis :locun;ent lists the registrations. endorsements, and licenses authorized for the business arned above. sy ac epting this document, the licensee certifies the information on theapplication Y atas complete, true, and accurate to the best of his or her knowledge, and that business will be dit i tefi m compliance with all applicable W:.si ngton state, county, and city regulations. -- Director, Department of Revenue pis :locun;ent lists the registrations. endorsements, and licenses authorized for the business arned above. sy ac epting this document, the licensee certifies the information on theapplication Y atas complete, true, and accurate to the best of his or her knowledge, and that business will be dit i tefi m compliance with all applicable W:.si ngton state, county, and city regulations. -- Director, Department of Revenue