Service Solicited - 2019 - Treasure Valley Towing - Treasure Valley TowingCITY OF EAGLE, IDAHO
TOWING SERVICE CONTRACT
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This Agreement is entered into this 1 day of September 2019, by and between the City of
Eagle, an Idaho municipal corporation ("City") and Treasure Valley Towing, LLC ("Contractor"). The
City and Contractor are sometimes collectively referred to herein as the "Parties."
WHEREAS, the City desires to contract for towing services; and
WHEREAS, Contractor possess qualifications, skills and the experience necessary to provide towing
services on behalf of the City;
NOW THEREFORE, and in consideration of the mutual promises contained herein, the Parties agree to the
following:
1. INSURANCE AND AMOUNTS:
The Contractor shall furnish a signed Certificate of Insurance to the City of Eagle, naming the City of
Eagle, Idaho as an additional insured, in an amount not less than $1,000,00 prior to commencing work.
All required endorsements to various policies shall be attached to Certificate of insurance.
2. INDEMNITY AND HOLD HARMLESS AGREEMENT:
The Contractor hereby agrees to defend, indemnify and hold the City, its officers, agents, and employees,
harmless against:
a. Any and all losses and liabilities for claims for personal injury, death, or property damage made
against the City, its officers, agents, or employees, arising out of, or as a consequence of, any work
performed under the Contract.
b. Any and all expenses related to claims, demands or lawsuits resulting from such claims, including
court costs, judgments and attorney(s) fees that may be asserted against the City arising out of or in any
way connected with the acts under the Contract. The Contractor agrees that it is not an agent of the City.
c. Any and all penalties and damages incurred by the City by reason of the Contractor's failure to
obtain any permit and license under, or failure to comply with any applicable laws, ordinances or
regulations.
3. INDEPENDENT CONTRACTOR:
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not
be an employee of the City. City shall have the right to control Contractor only insofar as the results of
Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the
means and methods by which Contractor accomplishes services rendered hereunder. Contractor shall
indemnify the City against any liability arising out of an allegation or finding that Contractor is not an
independent contractor. Contractor is not entitled to employee benefit programs or any protection afforded
employees of the City of Eagle. Contractor is not prohibited from providing the same services for other
businesses at any time except times which would present a conflict in providing City services under this
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Agreement. As a self-employed person, the Contractor will be solely responsible for payment of all federal
and state taxes, will not be an employee of the City for worker's compensation or any other purposes, and
will not have unemployment insurance benefits.
4. CONTRACTOR NOT AGENT:
Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on
behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or
implied, pursuant to this Agreement, to bind City to any obligation whatsoever.
5. EQUIPMENT:
The Contractor shall have available at all times sufficient equipment to perform all services required on a
timely and responsible basis. All equipment must be equipped with the necessary equipment to perform
towing and recovery, and shall be subject to inspection at all times during the term of the Contract.
6. FACILITIES:
The Contractor shall maintain a business and storage facility, which storage facility shall include
reasonably secured short term and long term storage. The facility shall be accessible between 8 A.M. to 5
P.M., five (5) days per week, exclusive of holidays.
Applicable holidays are New Year's Eve day, New Year's Day, Memorial Day, Independence Day, Labor
Day, Veteran's Day, Thanksgiving Day, Christmas Eve day, and Christmas Day. The facility shall
comply with all applicable building and zoning regulations.
Vehicles stored in any enclosed area shall be stored under lock and key. The Contractor shall protect all
stored vehicles and any evidence of personal property contained therein from theft and damage. Storage
facilities shall be subject to inspection by the City prior to the award of any Contract.
7. PERSONNEL:
The Contractor shall have available sufficient qualified personnel for the operation of the required
wreckers as specified. Each driver shall have a current valid driver's license appropriate for the vehicle
being operated, and be valid to drive in the State of Idaho. The Contractor agrees that the owners of the
company or the officers of the company, if a corporation, shall be responsible for the acts of their
employees while on duty.
8. RESPONSE TIME:
The Contractor shall provide a 24-hour per day, 7 -day per week, towing service. The Contractor shall
have 24-hour per day, 7 -.day per week, telephone communications. If service is not provided within the
specified time, the City shall have the right to make other arrangements for the call. If the Contractor
repeatedly fails to furnish wrecker services as specified herein, the City may terminate this Contract.
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9. PERSONAL PROPER i Y IIIENTIFICA t ION AND LOSS:
The City will provide the Contractor an inventory of personal property that is in the vehicle at the time
and place of impoundment. The Contractor assumes responsibility for personal property in the vehicle at
the time of impoundment and described on the inventory list and such responsibility shall continue until
the authorized release of the impounded vehicle.
10. REPORT OF SERVICES:
The Contractor shall keep an accurate record of all vehicles received and disposed of under the terms of
the Contract.
11. POSTING AND PROVIDING OF CHARGES:
Signs are free of charge for the duration of this Contract. Signage are the Property of the Contractor.
Signage will be conspicuously posted stating "Persons having a concern or complaint regarding an
authorized tow are asked to call the Treasure Valley Towing (208) 297-8779".
Charges for storage of impounded vehicles will become applicable after said vehicle has been towed.
Second and subsequent day's storage charges accumulate at each 24 hr. passage from the original time of
the tow.
12. CONTRACTIERM:
This Contract shall become effective when signed by both parties and approved by the City's legal
counsel. This Contract shall automatically expire one (1) year from the date it is executed by the City.
However, if this Service Agreement is subject to renewal into its second and or third years, such renewal
will be in the form of an Amendment to the Service Agreement.
13. TERMINATION:
This Contract may be terminated by either party upon a thirty (30) days written notice and removal and
return of signs posted.
14. SPECIFICATIONS AND BIL:
24 Hours towing, 30 tow away signs posted (at no cost to the City of Eagle)
All towing charges for the removal of vehicles (impound, storage, DMV and administrative fees are the
sole responsibility of the legal and or registered owner of the vehicle).
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above
written.
CITY OF EAGLE: INDEPENDENT CONTRACTOR:
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Stan Ridgeway, Mayor
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Sharon K. Bergmann, City Clerk/Treasurer
STATE OF IDAHO
COUNTY OF ADA
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William Aultman, Owner
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On this /9 dayof September, 2019, before the undersigned notarypublic in and for the said state,
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personally appeared, William Aultman, dba: Treasure Valley Towing, LLC, known or identified to me to
be the person who executed the foregoing instrument and acknowledged to me that she executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first written.
ELLEN M SMITH
COMMISSION #25743
NOTARY PUBLIC
STATE OF IDAHO,/4
MY COMMISSION EXPIRES.7'p
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Notary Public for Idaho
Residing at:
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My Commission Expires: 4-1.5 -Zi)
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