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HomeMy WebLinkAboutC13-309 Affordable Towing Agreement AGREEMENT BETWEEN RIVERVIEWAPARTMENTS PRESERVATION LP AND AFFORDABLE TOWING,LLC THIS AGREEMENT("Agreement"),dated this l -h- day of Oc.t ,2013 is between Riverview Apartments Preservation LP("RAP LP") and Affordable Towing, LLC with its principal place of business at 420 Imperial Drive,Edwards,CO 81632 ("Contractor") and a mailing address of P.O. Box 5523,Vail,CO 81658. WITNESSETH: WHEREAS,RAP LP desires to hire a contractor to monitor and enforce parking in the parking lot at Riverview Apartments, located at 39169 Highway 6, Avon, CO 81620(the "Property") by warning, booting and towing of vehicles as more fully set forth in this Agreement and as permitted by law; and WHEREAS, Contractor is authorized to do business in the State of Colorado, and has experience and expertise in parking enforcement through issuance of warnings, booting and towing vehicles;and WHEREAS,RAP LP and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the work provided and related terms and conditions to govern the relationship between Contractor and RAP LP in connection with this Agreement. AGREEMENT NOW,THEREFORE, in consideration of the foregoing and the following promises, RAP LP and Contractor agree as follows: 1. SCOPE OF WORK: The following will collectively be referred to as the "Work:" . Contractor agrees to furnish all services, labor, personnel and materials necessary to perform and complete the following: (ii) Contractor shall be responsible for randomly monitoring the parking lot on the Property during the period from 11 p.m. through 7 a.m. at least once each week. (iii) During such monitoring, the Contractor shall identify vehicles parked (a) in violation of signs prohibiting parking in a specific CI>-'& location, for example in reserved fire lanes or mobility impaired parking spaces without a proper placard; and (b) those vehicles parked in violation of the Riverview Apartment Rules and Regulations, for example parking in designated visitor, office or tenant parking spaces for an extended period of time without a valid registration tag issued by RAP LP. A map identifying visitor, office and tenant parking and designated no parking areas is attached hereto as Exhibit A. (iv) Upon identification of a vehicle parked in violation of posted signage or in violation of Riverview Apartment Rules and Regulations the Contractor shall first issue warning(s) by posting a notice(s) on the vehicle. If the violation continues the Contractor may boot the vehicle as permitted by Colorado law.Contractor shall be responsible for at least two warning stickers or such other higher number of warnings as may be required by Colorado law prior to placing a boot on a vehicle. In the event the Contractor is not contacted to remove the boot,then Contractor may tow the vehicle in accordance with Contractor's applicable permit and statutory requirements. (v) Contractor shall be available for additional warnings, booting and towing at the request of RAP LP during normal business hours. (vi) As part of its Work and in connection with any vehicle identified by Contractor as violating posted signage or Riverview Apartment Rules and Regulations, Contractor shall record all pertinent information including, but not limited to: (a)All license plate numbers, VIN numbers and vehicle descriptions must be kept in an updated log by the Contractor. (b) If Contractor fails to maintain detailed records while performing such Work then neither RAPLP nor the vehicle owners shall have liability or obligation to pay for such Work. (c) Contractor must provide all available contact information enabling violators the ability to rectify any violations in a timely manner. 2. CONTRACTOR'S REPRESENTATIONS: . Contractor has familiarized itself with the nature and extent of the Work, locality and all local conditions,and federal, state, and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Work.Contractor represents and warrants that the Work shall comply in all respects with any and all applicable laws, codes, rules and regulations. In the event the Work relates to property owned or funded by federal, state or local government funds, Contractor agrees to comply with any additional terms and conditions. The Contractor's personnel shall observe all regulations in effect upon the Property. . Contractor shall maintain all licenses and permits required by any municipality, county, state or agency including the Public Utilities Commission for the non-consensual towing of motor vehicles. . Contractor is an independent contractor, and nothing herein contained shall constitute or designate the Contractor or any of the Contractor's employees or agents as employees or agents of the RAP LP. . Contractor shall maintain insurance as set forth herein at all times during the term of this Agreement . Contractor shall be responsible for the completeness and accuracy of the Work and shall correct at its sole expense all significant errors and omissions therein. The fact that RAP LP has accepted or approved the Work shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Work in a skillful, professional and competent manner and in accordance with the standard of care,skill and diligence applicable to Contractors with respect to similar services. 3. CONTRACT PRICE . RAP LP shall not be required to pay the Contractor any compensation,fees, costs or expenses for the Work or any other services unless agreed to in writing by both parties. All fees,costs and expenses for the Work will be collected by the Contractor directly from the vehicle owners. RAP LP shall not be responsible for any of the fees or costs due Contractor for the Work. The agreed charges are: b. Warnings—No charge as only sticker and documentation c. Boot Removal: $100 per boot d. Boot Removal Drop Charge(Owner willing to move the vehicle and pay while the boot is being installed): $05 e. Towing(flat rate): $200 plus the price of boot removal($100)plus storage fees of$25 per day.( f. Contractor also offers services of Jump Start,Lock-Out and Tire Change for$50 . Contractor will submit a monthly report upon completion of the Work so RAP LP has the ability to discuss infractions with violators if necessary. Such report shall detail the date and description of Work performed. RAP LP reserves the right to request additional detail or information with respect to any report which it considers deficient or incomplete. . Contractor and its employees are not entitled to workers `compensation benefits through RAP LP. The Contractor is solely responsible for necessary and adequate workers' compensation insurance and shall be responsible for withholding and paying all federal and state taxes. The Contractor hereby acknowledges full and complete liability for and timely payment of all local, state and federal taxes imposed including,without limitation,tax on self- employment income,unemployment taxes and income. 4. TERM AND TERMINATION This Agreement shall commence on November 1, 2013 and shall remain in full force and effect for one(1)year unless earlier terminated as set forth herein. Either party may terminate this Agreement for any reason, with or without cause, upon seven(7)days written notice to the other. 5. INDEMNIFICATION: The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless RAP LP and any of its officers, agents and employees against any losses, claims, damages or liabilities for which RAP LP or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor and Contractor shall reimburse RAP LP for any and all legal and other expenses incurred by RAP LP in connection with investigating or defending any such loss,claim,damage, liability or action. 6. MISCELLANEOUS: This Agreement shall be governed and construed in accordance with the laws of Colorado. Venue for any action arising out of any dispute pertaining to this Agreement shall be in the State of Colorado, District Court in and for Eagle County, Colorado. This Agreement, and the rights and obligations created hereby, shall be binding upon and inure to the benefit of RAP LP and Contractor and their respective successors and assigns. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or entity other than RAP LP or Contractor and their respective successors and assigns,any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provision shall be fully severable and this Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Agreement. This Agreement may be amended or modified only by written agreement duly authorized and executed by both RAP LP and Contractor. This Agreement represents the full and complete understanding of RAP LP and Contractor and supersedes any prior agreements, discussions,negotiations, representations or understandings of RAP LP and Contractor with respect to the subject matter contained herein. The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party,or its agents or employees hereto. Contractor shall not assign its rights or obligations hereunder without the prior written consent of RAP LP which RAP LP may withhold in its sole discretion. If Contractor assigns or transfers its rights and obligations under this Agreement without the prior written consent of RAP LP then this Agreement shall be null and void. 7. INSURANCE:At all times during the term of this Agreement,Contractor shall maintain insurance on its own behalf in the following minimum amounts: Workmen's Compensation, disability benefits, and other similar employee benefits, with coverage and in amounts as required by the Iaws of the State of Colorado;and Comprehensive Automobile Insurance shall be carried in the amount of $1,000,000 for bodily injury and $1,000,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy;and Comprehensive liability and property damage insurance issued to and covering Contractor and any subcontractor with respect to all Work performed under this Agreement and shall also name RAP LP as an additional insured in the following minimum amounts: Bodily Injury Liability: Each Person: $1,000,000 Each Accident or Occurrence;$2,000.000 Property Damage Liability: Each Accident or Occurrence; $1,000,000 Aggregate: $2,000,000 8. NOTICE AND AUTHORIZED REPRESENTATIVES: Any notice and all communications required under this Agreement shall be given in writing by personal delivery, fax,or mail to the appropriate party at the following addresses: RAP LP: Jill Klosterman Eagle County Housing&Development Authority P.O. Box 850 Eagle,CO 81631 (970)328-8773 (o) (970) 328-8787 (f) CONTRACTOR: Affordable Towing Andrei Litviakou P.O.Box 5523 Vail,CO 81657 (970)376-3322(o) (303)484-4411 (f) Notices shall be deemed given on the date of delivery or three days after the postmarked date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. 9.PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES A. If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8-17.5-101, et seq., regarding Illegal Aliens—Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E-verify Program or other Department of Labor and Employment program ("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Contract. B. Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services;or (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. C. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E-verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: httn://www.dhs.eov/xnrevpro pro ams/oc 11852 1678150 shim D. The Contractor shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. E. If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the subcontractor and RAP LP within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien;and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8-17.5-102(5). G. If a Contractor violates these prohibitions, RAP LP may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to RAP LP as required by law. H. RAP LP will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and RAP LP terminates the Contract for such breach. IN WITNESS WHEREOF,RAP LP and CONTRACTOR have executed this Agreement the day and year first set forth above. RAP LP: Riverview Apartments Preservation LP By and through Riverview Apartments Preservation LLC its general partner By and through Eagle County Housing and Development Authority, its sole member By: +. Jill l osterman, Executive Director CONTRACTOR: Affordable Towing,LLC By: &)c1l2e i - i T 14 fi 11/9exiAr e Print Name:4/V C7 /l / / [4V r if kL7q Its: 4 L-- /0.-4?-41 7