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WRECKER PROGRAM (POLICE DEPT.) (16) . ..~~ ...j." I , VEHICLE TOWING SERVICE CONTRACT THIS VEHICLE TOWING SERVICE CONTRACT is made and entered into by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, whose address is P.O. Box 4748, Clearwater, Florida 34618 (hereinafter, the "city"), and WEEKS TOWING AND AUTOMOTIVE, INC., a Florida corporation, whose address is 1955 Carroll Street, Clearwater, Florida 34625 (hereinafter, the "Contractor"), as of the 1st day of May, 1992. WHEREAS, the City and the Contractor have agreed to the terms and conditions set forth herein to insure prompt and adequate towing service, consistent and uniform fees for the towing and storage of vehicles, and proper safeguards and fixing of responsibility for the preservation and protection of property towed or relocated pursuant to this contract; NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the sufficiency of which is acknowledged, the parties do hereby agree as follows: 1. Aqreement. The City agrees to purchase from the Contractor, and the Contractor shall furnish to the city, the services of towing and storage of vehicles and other services pursuant to the terms and conditions of this contract. 1 (!f!,' ~~ ~ V; 1Jl~ /"7n .~ . '." /) j.... "'<j l~/C) -- ~ ~~) ,. '~;~ l L/ I , "'.--~" J. - (II 2. Term. The term of this contract shall be three (3) years from the date hereof, with an option to extend the term of the contract for an additional one or two years, provided that both parties shall agree to such extension, and that the terms, conditions and specifications are not sUbstantially changed. 3. Definitions. (a) The term "City" means the City of Clearwater. (b) The term "Contractor" means Weeks Towing and Automotive, Inc. (c) The term "vehicle" shall apply to all types of motor vehicles, trailers and non-motor vehicles. The term may include vehicles subject to impoundment, seizure, movement, confiscation or relocation pursuant to applicable Florida, county or municipal law, ordinances and rules. (d) The term "Police Department" means the police department of the City, and includes the Chief of Police and any police officer of the City authorized to request services under this contract. 4. Records. The Contractor shall maintain and have available at all times for inspection, by authorized City personnel, detailed records covering all services rendered relative to this contract. 5. Description of Service. (a) The Contractor shall furnish towing service for the removal of vehicles upon request by the Police Department, and shall furnish both indoor and outdoor storage space for said 2 . .,>'. . .~.. . I I vehicles within the City of Clearwater whenever such storage is requested by the Police Department; such service shall be provided on a 24 hour basis. (b) The Contractor shall also remove non-accident- related debris from the public streets when requested by the Police Department. (c) Should the Contractor receive a call beyond his capability he may call in another towing service operator to supplement his service, in towing only. In such cases, the Police Department Dispatcher shall be so advised at the time of the call. Such towing service operator shall be regarded as an employee or agent of Contractor, subject to the same standards of service required of the Contractor, and the use of such towing service operator shall not relieve the Contractor of his obligation under this contract. (d) Because the vehicle may be physical evidence in a criminal investigation, the Contractor shall cooperate with the Police Department in all matters pertaining to the vehicle, including making his wrecker drivers and other employees available to the investigators for interviews or court testimony concerning their actions and making the vehicle available for inspection by the investigators. 6. Reports. Within ten (10) days following the end of each month, or more frequently as may be required by the Police Department, the Contractor shall provide a complete and detailed 3 " < I r li~ting of vehicles which have been impounded under this contract for thirty (30) days or longer. 7. Drivers and Other Emplovees. (a) The Contractor shall have on file a Florida D.H.8.M.V. driver license record for each driver employed by the Contractor; such report shall not be older than one (1) year, and shall ensure that each driver possesses the necessary state operator's or chauffeur's permit consistent with the driver's duties, skills and equipment requirements. (b) The Contractor shall assume full responsibility for the conduct of his employees while said employees or Contractor are engaged in the execution of this contract and in the normal scope and course of said employee's employment. The City shall not be liable for any conduct or actions of the Contractor, or his employees or agents, which are beyond the scope and course of employment, nor shall the City be liable for any damage to persons or property or other claims of negligence arising from the negligent acts or omissions of the Contractor or his employees or agents. The City shall be responsible for the decision or judgment to tow a vehicle, but shall not be responsible for the manner, method or technique by which a vehicle is towed or stored. (c) Because the Contractor and his drivers or other employees may have custody of physical evidence in a criminal investigation and the records pertaining thereto, because their credible testimony may be needed in a trial, and because they may 4 ,~ I I (d) Reauired Eauipment for All Wreckers. 1. All wreckers shall have proper flood lights installed on the hoist to give adequate illumination at night. 2. All wreckers shall be equipped with amber lights installed in front, rear and on each side. Each wrecker shall have a rotor-beam type amber light mounted on top of the wrecker. 3. Each wrecker shall be equipped with the following: a. One (1) heavy duty push broom b. One (1) heavy duty shovel c. One (1) heavy duty pinchbar, prybar or crowbar d. One (1) set heavy duty bolt cutters e. One (1) 5 pound CO2 fire extinguisher (minimum) f. One (1) heavy duty dolly capable of handling vehicles and equipment according to wrecker class. 10. Liabilitv for Vehicles and property. (a) The contractor's liability for any vehicle towed under this contract and all property contained therein shall commence at the time the wrecker is hooked onto the vehicle. The contractor shall be solely liable and responsible to the owner or person entitled to lawful possession of the vehicle for damage to or loss of the vehicle and any personal property in any vehicle towed under this contract. In the event of a complaint of damage or loss, the contractor shall cooperate with the police Department in an investigation pertaining to the complaint, which 8 I I will include making the wrecker. driver or other employees available to the police investigator. (b) The contractor shall be responsible for the safekeeping of, and shall be accountable to the owner of, the vehicle for all personal property contained therein, including vehicle accessories, while the vehicle is being towed to or from, and while stored within, the storage facilities of the contractor. Personal property contained in any vehicle which is removed or stored by the contractor shall not be disposed of by the contractor to defray any charges for towing or storage of the vehicle, and such personal property shall be returned to the owner or person entitled to lawful possession of the personal property upon request, after obtaining approval of the detective or other officer in charge, and without regard to any fees owed by such person. The contractor shall not be responsible for any property seized or retained by the police Department. 11. Charqes for Service: service Call Cancellations; Waivers. (a) All charges by the contractor for services under this contract shall be in accordance with the following schedule: 1. Vehicle towing anywhere within the city of Clearwater between the hours of 8:00 A.M. and 5:00 P.M.: Regular Wrecker pick-UP $40.00 If "dolly" required $25.00 2. Vehicle towing anywhere within the city of Clearwater between the hours of 5:00 P.M. and 8:00 A.M.: 9 , , , a I Regular Wrecker Pick-up If "dolly" required $50.00 $25.00 3. Vehicle towing, tow truck at scene over one (1) hour: Each additional hour $35.00 4. If more than one (1) wrecker is required to pick up or remove a vehicle, each additional wrecker shall be charged for at the rate of $35.00 per hour, daytime or nighttime. 5. The storage fee shall not exceed $10.00 per day or a fraction thereof, for inside storage, or $8.00 per day or a fraction thereof for outside storage. (b) The City reserves the right to cancel a request for services of the Contractor at any time, including up to the time of hookup, without incurring any charges so long as such cancellation is made in good faith upon facts developed after the initial request for Contractor's services. If the owner of the vehicle arrives on the scene before the vehicle is towed, and the vehicle can be safely moved by the owner, during Contractor's normal working hours, in the opinion of the on-scene police officer, no charges will be made. Reasonable effort will be made to contact the owner before towing services are requested. The Contractor will not arbitrarily, capriciously or unreasonably be denied just compensation for responding in good faith to City requests for service. 10 J I (c). The contractor agrees that the mere response to an impound scene without other action does not constitute a service call for which charges are applicable. (d) In the event that a vehicle is towed in error by the police Department, the police Department may direct the release of said vehicle and the waiving of charges by the Contractor. Only supervisory police officials are permitted to do this, after investigation into the error. (e) In the event that the police call the Contractor to tow a recovered stolen vehicle or a vehicle involved in a criminal action, or when a vehicle in storage is found to be stolen, the Contractor agrees to waive the first ten (10) days of storage charge. The contractor may charge the initial towing fee and storage for time exceeding ten (10) days. (f) In the event that a towed or stored vehicle is found to be stolen or belongs to the victim of a crime, the storage exceeds ten (10) days, and the action was initiated by the police Department, the Contractor agrees to waive or, in the case of a large fee, negotiate with the police on the amount of final charges. No charge shall be waived (except as in (d) above) if storage beyond ten (10) days is caused by the negligence of the owner or the police Department. (g) In the event that a seized vehicle has been towed one or more times by the Contractor to or from the separate seizure lot, the city shall not be liable for any towing or storage fees if the vehicle is returned to the contractor for 11 I ) disposal. The Contractor shall refund any monies paid by the City for such services, and shall attach a like amount as a lien against the vehicle. Disposal thereafter shall be in accordance with state law. (h) Collection and Charaes. The City shall not be responsible for the collection or payment of any charges for services rendered because of its having dispatched the service pursuant to this contract, except as may otherwise be provided for herein. All such services rendered shall be charged to the owner of the towed vehicle or other lawful claimant of possession. The City shall pay a reasonable fee for the storage of stolen vehicles beyond the ten (lO) day period when the City is negligent in locating or contacting the owner. 12. Cleanup. The Contractor when towing a vehicle shall be responsible for removing from the street all broken glass and other debris that may be in the street. The debris thus removed shall be properly and safely disposed of. 13. storaqe of Vehicles. (a) The Contractor shall maintain a storage garage and outside storage facility complying with all provisions of applicable building and zoning regulations sufficient to safely and securely store all vehicles towed by him under this contract until such vehicles are claimed by the owner or otherwise disposed of in accordance with this agreement and any applicable law. 12 I I The Contractor shall maintain a principal storage compound of not less than 20,000 square feet (meeting all required specifications outlined herein) located within an area west of Tampa Bay, south of Union street, north of Belleair Road, and east of Clearwater Bay. (b) The Contractor shall have suitable garage space and have a hydraulic rack capable of lifting vehicles completely off the floor, or equivalent facilities to permit police investigators to stand below the vehicle to make thorough investigations and inspections. (c) The Contractor shall have inside storage capacity of at least 4,500 square feet. (d) Vehicles stored by the Contractor shall be properly protected from theft and damage to the vehicles and all personal property that may be contained therein. The Contractor shall be responsible for ascertaining whether inside storage is required, unless directed otherwise by the Police Department, and shall ordinarily store vehicles in the most economical manner consistent with vehicle type and condition. (e) Unless specifically authorized by the city's Police Department, vehicles will not be disposed of in any way for a minimum of sixty (60) days. (f) storage facilities shall be subject to inspection and approval by the City upon commencement of this contract, and shall be subject to periodic inspection when deemed necessary by the Police Department during the term of this contract. Any 13 ) I discrepancies noted in building or facility safety, security or vehicle protection shall be submitted in writing to the Contractor to correct the discrepancies, unless the condition is so serious as to require immediate action. (g) The Contractor shall take all reasonable precautions to avoid damage to any evidence, vehicles and personal property, and vehicles shall be stored at a reasonable distance apart to prevent damage. The Contractor shall be informed which vehicles are, or contain, evidence and upon request shall be informed of the specific level of protection to be accorded the vehicle. (h) Because the Contractor's facilities must serve as an extension of the Police Department's evidence and property storage facility, the Contractor's storage facilities shall be constructed and operated so that only authorized personnel have access to the facilities, and such access must be adequately documented so as to meet the standards of the chain of custody of evidence for criminal proceedings. The Police Department shall review and approve or amend the Contractor's procedures for such compliance. (i) Open storage shall be protected by a wall or fence at least 6 feet in height. The top of any fence or wall enclosure, including all gates or doors thereto or open areas with roof, shall be equipped subject to the approval of the City of Clearwater Building Director with not less than 12 inches of barbed wire, or similar anti-intrusion barrier, installed in such 14 J I a manner as to discourage access over the top of the fence or wall. All fences and walls shall be maintained in good repair throughout the term of the contract. Any damage to such enclosures shall be repaired promptly, and in no event later than twenty-four (24) hours, to ensure proper protection for stored vehicles. A security guard or responsible employee shall remain on the premises continuously whenever the security of the storage facility has been breached or substantially impaired. (j) No storage fees will be collected for the first six (6) hours that a vehicle is stored. Subsequent storage fees will be based on 24-hour charges, but such charges will be prorated on 12-hour increment periods. (k) In the event that the Contractor has in his possession a vehicle or personal property, the possession of which resulted from and arose out of this agreement, and said vehicle or personal property is in the Contractor's possession for a period in excess of sixty (60) days, and if the Contractor is required to deliver possession of such vehicle or property to the County Court or to the Sheriff of pinellas County pursuant to Chapter 705, Florida Statutes, then the Contractor agrees to forego any possessory garageman's lien which he might otherwise have as to said vehicle or property and the Contractor shall collect any storage or towing charges due and owing as to the vehicle from proceeds of any judicial sale which may be conducted pursuant to Chapter 705, Florida Statutes. 15 I I (1) The Contractor agrees that he will assume the total responsibility for compliance with section 713.78, Florida Statutes, relating to liens for recovering, towing and storing vehicles, and will provide the City with a complete record of his actions pursuant to such statutes as they relate to vehicles towed under this contract. (m) The Contractor also agrees that he will provide towing service required by the city involving vehicles covered under the Florida Contraband Forfeiture Act and any such charges for towing will be carried as a possessory garageman's lien and will be paid when said vehicle is sold or otherwise disposed of by the City. It shall be the responsibility of the Contractor to provide the Police Department with a copy of appropriate bills for inclusion in their files, so a proper accounting can be made at the time of the sale. The Contractor will tow a seized vehicle to the City seizure lot or the Contractor's compound as per request of the Police Department. The Contractor agrees to waive the first 10 days of storage charges for seized vehicles stored at the Contractor's compound. (n) Seized vehicles which are returned to the Contractor for disposal shall be treated in accordance with the provisions of section 932.704(3) (a), Florida State Statutes. The Contractor will provide the City with documentation of the method of disposal for each vehicle, including the Vehicle Identification Number, the description of the vehicle, and the amount of money received, if applicable. 16 . \ . , I. I 14. Releasing of Vehicles. The Contractor agrees to release any vehicle which has not been marked "Hold", provided that proof of identification and ownership is presented. The Contractor agrees that any vehicle which is marked "Hold" shall not be released without authority from the Police Department and the method of release will be at the discretion of the Police Department. Persons who apply for the release of vehicles shall be required to present proof of ownership by a title, registration, bill of sale or other competent evidence. In the event the Contractor is holding personal property removed from the stored vehicle, upon release, the owner or persons entitled to possession will acknowledge receipt upon the Contractor's copy of inventory. 15. Claiming of Property. Whenever impounded vehicles are claimed by the owner, the Contractor shall provide the owner with an itemized statement of all charges made for the impounding of the vehicle. 16. Disclosure of other Interest. (a) If the Contractor has any connection, association, affiliation, or financial or other interest in an automobile or truck body repair, paint shop, salvage or recycling business, it shall be disclosed to the City. The Contractor shall not favor any automobile or truck body repair, paint shop, salvage or recycling business whatsoever. If the Contractor has any interest (financial or otherwise), connection, association or affiliation with an automobile or truck repair, paint shop, 17 . <~ . " ) I salvage or recycling business, nq work shall be accomplished by such shop or business, nor shall an estimate be given for work by such shop or business in reference to vehicles towed or stored by the Contractor under this contract. Any violation of this provision during the term of this contract shall be grounds for termination of this contract. (b) Also, if during the life of this contract he acquires such an interest, he will submit such information to the city Manager immediately in writlng and the failure to do so could result in the immediate termination of this towing contract at the discretion of the City Manager. 17. Insurance. The Contractor shall procure and maintain during the term of this contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the Contractor. Specific insurance specifications are set forth in Appendix A, Insurance Requirements, attached hereto. 18. Indemnification. The Contractor covenants and agrees to indemnify and save harmless the city from any and all claims, suits, actions, damages and causes of action which arise during the term of the contract for any personal injury, loss of life and property damage sustained in the performance of services by the Contractor pursuant to this contract, excluding claims arising from the City's own negligent or intentional acts or 18 , - I I omissions, and to defend any action or proceeding brought thereon, and from and against any orders, judgment and decrees as may be entered therein. 19. Non-Discrimination. The Contractor agrees that in the performance of this contract he shall not discriminate or permit discrimination in his hiring practices or in the performance of the contract, against any person on the basis of his or her race, sex, religion, political affiliation or national origin. 20. Complaints. The Contractor agrees that any complaints received by the City concerning breach of this contract by the Contractor, such as excessive charges, poor business practices, damage to vehicles, etc. will be referred to the City Manager, whose determination, after a fair and impartial investigation including notice to the Contractor and an opportunity to be heard and present evidence, will be binding on the parties hereto. Failure of the Contractor to follow the city Manager's determination will be considered a material breach of the contract and cause for the immediate termination of the contract. 21. Postinq of Prices. The Contractor shall prominently post in each storage area a list of the charges set forth in this contract. A schedule of approved charges shall be available upon demand with each wrecker. 22. Contract Non-Assiqnable. Neither this contract nor any rights hereunder shall be assignable or transferable. The City reserves the right to terminate this contract upon any change in 19 - -+., \,", ~ I '. J I ownership of the Contractor, directly or indirectly, whether from the issuance of shares or the transfer of shares in the Contractor, or otherwise. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on the day and year first above written. Ri a Garvey Mayor-cornrnissione~ CITY OF CLEARWATER, FLORIDA By: Approved as to form and correctness: Attest: .~~ M. A. Galbraith city Attorney I WITNESSES: ~~~L~ , ~-~t>.n'\-6 WEEKS TOWING & AUTOMOTIVE, INC. By: G~~~. / . ......~..- ---~- - Attest: . ~ "_ ~.~ Q hl~J~} c ( Secretary. . .>'_. (Corporate Seal) 20 _lr"" 1'.'--. '- I I APPENDIX A INSURANCE REQUIREMENTS FOR BID NO. 75-92 AUTOMOBILE TOWING CONTRACT FOR CLEARWATER POLICE DEPARTMENT HOLD HARMLESS The city shall be held harmless against all claims for bodily injury, sickness, disease, death or personal injury, or damage to property or loss of use resulting therefrom, arising out of this contract unless such claims are a result of the city's sole negligence. PAYMENT ON BEHALF OF CITY The contractor agrees to pay on behalf of the City, and to pay the cost of the city's legal defense, as may be selected by the City, for all claims described in the Hold Harmless paragraph. Such payment on behalf of the city shall be in addition to any and all other legal remedies available to the City and shall not be considered to be the City's exclusive remedy. INSURANCE The contractor shall provide the following described insurance on policies and with insurance acceptable to the City. Subcontractors, if any, shall be responsible for the same. These insurance requirements shall not limit the liability of the contractor. The city does not represent these types or amounts of insurance to be sufficient or adequate to protect the contractor's interests or liabilities, but are merely the minimums. Except for Workers' Compensation, the contractor's insurance policies shall be endorsed to name the City, its officials, employees, and volunteers as additional insureds to the extent of the City's interests arising from this contract. Except for Worker's compensation, the contractor waives its right of recovery against the City, to the extent permitted by its insurance policies. The contractor's deductibles/self-insured retentions shall be disclosed to the city on the certificates of Insurance and may be disapproved by the city. They shall be reduced or eliminated at the option of the city. The contractor is responsible for the amount of any deductible or self-insured retention. Workers' Compensation Coveraqe Contractor shall purchase and maintain Workers' compensation .~", - ~ ,.,~, ".1 \ ...'" , Ii ~ I I insurance for Florida Workers' compensation obligations and employers liability limits of at least $100,000 each accident and $100,000 each employee/$500,OOO policy limit for disease. General. Garaqe. Garaqekeepers. Automobile Liabilitv Coveraqe The contractor shall purchase and maintain coverage on forms no more restrictive than the latest editions of the Garage Liability policy of the Insurance Services Office. General liability, garage liability, and auto liability risks should be covered. $500,000 per occurrence limits are required for all liability, including bodily injury, property damage, and personal injury. Insurance must be on an occurrence form, covering premises, operations, products and completed operations, independent contractors, contractual liability covering this contract, broad form property damage coverages. Coverage is to include bodily injury and property damage arising out of operation, maintenance or use of any auto, including owned, nonowned, and hired automobiles and employee nonownership use. Garagekeepers Insurance must be provided in an amount no less than $500,000 on a legal liability basis, including comprehensive and collision perils. Fidelitv/Dishonestv Insurance Fidelity/dishonesty insurance is to be purchased in a minimum amount of $50,000 per occurrence, to cover dishonest acts of the contractor's employees, including theft or other dishonest acts involving vehicles. CERTIFICATES OF INSURANCE Required insurance shall be documented in certificates of Insurance which provide that the City shall be notified at least 30 days in advance of cancellation, nonrenewal, or adverse change. New certificates of Insurance are to be provided to the contractor at least 15 days prior to coverage renewals. If requested by the City, the contractor shall furnish complete copies of the contractor's insurance policies, including all forms and endorsements. Receipt of certificates or other documentation of insurance or policies or copies of policies by the City, or by any of its representatives, which indicate less coverage that required does not constitute a waiver of the contractor's obligation to fulfill the insurance requirements herein. "'J~:;'" -" '" , I , ":: I INSURANCE OF THE CONTRACTOR PRIMARY Insurance required of the contractor or any other insurance of the contractor shall be considered primary, and insurance of the City shall be excess, as may be applicable to claims which arise out of the Hold Harmless, Payment on Behalf of city, Insurance and certificates of Insurance provisions of this contract. LOSS CONTROL/SAFETY Precaution shall be exercised at all times by the contractor for protection of all persons including employees and property. The contractor shall be expected to comply with all laws, regulations or ordinances related to safety and health, shall make special effort to detect hazardous conditions and shall take prompt action where loss control/safety measures should be expected. The city shall have the right, but not the obligation, to order work to be stopped if conditions exist that present immediate danger to persons or property. The contractor acknowledges that such stoppage will not shift responsibility for any damages from the contractor to the city.