VEHICLE TOWING SERVICE CONTRACT,a� 4,
- �°' - .- t
VEHICLE TOWING SERVICE CONTR.ACT
TOWING SERVICE CONTRACT is made and entered inta this ! �
day of C�C�-� , 2011 by and between the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, whase address is
P.O. Bax 4748, Cleaxwater, Florida, 33758 (hereinafter, the "City"), and
Clearwater Towing Service, Inc., whose address is
1955 Carxoll Street, Clearwater, FL 33765
(hereinafter, the "C�ntractor").
WHEREAS, the City and the Contractar have agreed to the terms and
conditions set farth herein to insure prornpt arid ad�quate towing service,
consistent and uniforrn fees for the towing and storage of vehicles, and
proper safeguards and iixing of responsibility for the preservation and
protection of praperty tawed or relocated pursuant ta this contract;
NOW, THEREFORE, in consideratian af the mutual pramises and
covenants set forth her�in, the sufiiciency of which is acknawledged, the
parties do hereby agree as fallows:
1. A�reement. The City agrees to purchase from the Contractar,
and the Cantractar shall furnish to the City, the services of
towing and storage of vehicles and other services pursuant ta
the terms and canditions af this contract.
2. Term. Subject to the terrninatian rights of the City, the terrn of
this contract shall be 2 years from the date hereof. The City shall
have the exclusive right to exercise a rnaxirnum of three (3)
additional one-year extensions to the term of this Agreement by
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;
written amendrnent executed by both parties.
3. Deiinitions.
(a) The term "City" means the City af Clearwater.
(b) The term "Contractor" means Clearwater Towing Service, Inc.
(c) The term "vehicle" shall apply ta all types of motar vehicles,
trailers and nan-motor vehicles. The term may include
vehicles subject to impoundment, seizure, movement,
coniiscation ar relocation pursuant to applicable Florida,
caunty or municipal law, ordinances and rules.
(d) The t�rm "Police Department" means the police department
of the City, and includes the Chief of Palice and any police
officer ar other City employee autharized to request services
under this contract.
4. Records.
The Cantractor 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 tovcring service for the removal,
recovery, and towing of vehicles within the jurisdic�ional
baundari�s of the City af Clearwater or within Pinellas County,
upon request by the Police Department, and shall furnish both
indoor and autdaor storage space for said vehicles specified
within the geographical boundaries listed in sectian 14. (a)
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whenever such storage is requested by the Police Departrnent;
such service shall be provided on a 24-hour basis. �
(b) The Contractor shall arrive upon the scene wi.thin forty-iive (45) �'-` v
minutes frorn the time of the request for service, pravided the
request for service is within the boundaries specifed in 14(a) of
this cantract. If the Contractor fails to arrive withiri forty-%ve
(45) mi�nutes fram the time of the request for service and if an
officer rernains at the scene while waiting for the Contractor to
arrive, Contractor will reimburse morithly the Clearwater Police
Departrnent the sum af twenty-five ($25) dollars for each
incident. If the Cantractor fails to arrivE within ninety (9�)
minutes from the time of the request for servicE and if an
ofiicer remains at the scene w'hile waiting for the Contractor to
arrive, provided the request for service is withixi the boundaries
specified in 14(a) of this contract, Contractor will reimburse
monthly the Clearwater Police Department the sum of fifty
($50) dallars for each incident. Contractar shall respond to
requests outside the baundaries outlined in 14(a) of this
caritract withiri a reasonable period.
Repeated incidents of response in excess of forty-five (45)
min.utes shall be deemed a material breach af this contract.
(c) The Contractar shall alsa remove nan-accident related
debris iram the public streets when requested by the Police
Department at na charge ta the city.
(d) During the declaration of a voluntary or rnandatory
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evacuation, the Cantractor shall have available two (2)
wreckers and drivers far assignment by the City at
appropriate locatians determined by the City to be
necessary to rnaintain clear and safe evacuati�n routes.
(e) Should the Cantractor receive a call beyond his/her
capability he/she rnay call in anather towing service �peratar
to supplezx�ent his/her service, in tawing only. In such cases,
the Police Department Dispatcher shall be so advised at the
tirne of the call. Such towing service operator shall be
regarded as an ernployee or agent of Cantractor, subject to
the same standards of senrice required of the Contractor, and
the use of such towing service operator shall nat relieve the
Cantractor of his abligatian under this cantract.
(fl In the event the Contractar is unavailable to r�spond, unable
to respond, or do not have the speci�ic resources necessary to
meet the current demand for service, the City reserves the
right to contact other vendors to meEt the demands of the
City. Contractor will be reimburse the City far any costs
incurred thraugh a third party vendor.
(h) Because the vehicle may be physical evidence in a crirninal
investigation, the Contractor shall caoperate with the Police
Depaxtment in all rnatters pertaining to the vehicle, including
rnaking his wrecker drivers and other employees available to
the rnvestigators for interviews or caurt testimony concerning
their actions and making the vehicle available for inspection
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T
by the investigators.
6. Reports.
Within ten (1 Q) days follawing the end of each month, or more
frequently as may be r�quired by the Palice Department, the
Cantractor shall provide a complete and detailed listing of vehicles,
including those vehicles far which a lien has been initiated, that have
been impounded under this contract for thirty (30) days or longer.
7. Drivers and Other Eznplovees.
(a) The Contractor shall have on file a Florida D.H.S.M.V, driver
license r�cord for each driver ernployed by the Contractor;
such report shall not be older than one (1) year, and shall
ensure that each driver possesses the necessary state
aperator's or c�mmercial driver's license consistent cvith the
driver's duties, skills and equipment requirements.
(b) The Contractor shall assume full respansibilities far 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 nat be liabl� for any conduct or actions of the Contractor,
or his ernployees or agents, which are beyond the scope and
course of employment, nor shall the City be liable far any
damage to persons or property or other claixn s of negligence
arising from the negligent acts or oznission.s of the Contractor
or his employees or agents. The City shall be responsible for
the decision ar judgment to taw a vehiclE, but shall not be
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responsible for the manner, method or technique by which a
vehicle is tdwed or stored.
(c) Because the Cantractor and his drivers or other employees may
have custady of physical evidence in a crirninal investigation
and the recards pertaining thereto, because their credible
testimany may be needed in a trial, and because they may have
access to confidential informatian as a result of their duties,
the Contractor and each person employed shall submit ta a
background investigatian by the Palice Department. No person
shall be permitted to perform th� services under this
agreement if the backgraund inv�stigation discloses either af
the following:
(1) Any canviction within the last five (5) years for any felony
affense ar any offense involving dishonesty or false
statement. For purposes of this agreernent, the terzn
"convic�ion" shall mean any dispasition of a criminal
case invalving the irnposition of a fine, probation,
incarceration, or other adverse sentence of a punitive
nature, whether or not there was a formal adjudication
of guilt.
(2) Any false, misleading, or fraudulent s�aternent of
fact or document required by the Police Department in
conjunction with the backgraund investigation.
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8. Inspections_
The Contractor shall permit members of the Police Departrnerit arid
other authorized City personnel to inspect the starage areas,
stored vehicles and records relative to this cvntract whenever, in the
opinion of authorized City personnel, it is deemed reasonably
necessary; such inspectioxis shall be conducted at reasonable tirnes
and under reasanable circuznstances.
9. Equipment St�eci�cations.
A minim�um of three (3) 4 Class "A" wreckers (one af which must be
a four-wheel drive), one (1) Class "C" wrecker, and one (1) roll back
or car carrier in good operating candition shall be required at the
commencement date of this contract and shall be znaintained
through the terrn of the contract. In addition, the Contractar agrees
to maintain a sufficient fleet af trucks and equipxnent to perform
the total cantract service requirements, plus all other business, law
enfarcement and commercial requirements. The City vvill be given
preference on any call for service.
(a) All equipment shall be operational and in good mechanical
candition and subject t� inspection by the City. The Cantractor
shall not use Service equipment as emergency vehicles. All
towing vehicles shall be equipped with two-way radios capable
of covering all territ�ry within the city limits of Clearwater.
(b) The Contractor shall meet all requirements of any applicable
State, City and C�unty laws, ordinances and rules, including
all applicable licensirig requirements.
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Class "A" Wrecker Speciiications.
(1) The tow truck shall have a rninirnurn manufacturer's
capacity af 1Q,000 G.V.W.
(2) The boam capacity shall not be less than four (4) totis.
(3) The power winch shall have a pulling capacity of nat
less than four (4) toris.
(4) The winch spoal shall contain a minimum af one
hundred fifty feet (150') of 3/ 8 inch tawing cable.
(5) The vehicle shall be equipped with a cradle tow plate or
tow sling to pick up vehicles. The cradle tow plate shall
be equipped with property safety chains.
(6) The vehicle sha11 be equipp�d with dual rear wheels.
(c) Class "C" Wrecker Specifications,
(1) The tow truck shall have a rninimum znan.ufacturer's
capacity of 25,000 pounds G.V.W.
(2) The boom capacity shall not be less than fifteen (15)
tons.
(3) The power winch shall have a pulling capacity of nat
less than thirty (30) toris.
(4) The winch spool shall cantain a minimum of twa
huridred feet (200') of 9/ 16 inch or laxger towing
cable.
(5) The vehicle shall be equipped with a cradle tow plate or
taw sling ta pick up vEhicles. The cradle tow plate shall
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be equipped with praperty safety chains.
(6) The vehicle shall be equipped with dauble baom sa
canstructed to permit splitting, each booxn ta aperate
independently or jointly.
(i) The vehicle shall be equipped with dual rear wheels.
(S) The v�hicle shall be equipped wi.th air brakes so
constructed as to lock all wheels automatically upon
failure.
(d) Required Equiprnent for All Wreckers._
(1) All wreckers shall have proper flood lights installed an
the hoist to give adequate illuminatian at night.
(2) All wreckers shall be equipped with amber lights
installed in front, rear and an each side. Each wrecker
shall have an amber light mounted on top of the
wrecker.
(3) Each wrecker shall be equipped with the followirig:
a. One (1) heavy-duty push braam.
b. �ne (1) heavy-duty shovel.
c. One (1) heavy-duty pinch bar, pry bar ar
crawbax.
d. One (1) set heavy-duty bolt cutter.
e. One (1 5 pound CO2 fire extinguisher (rninirnurn)
f. One (1) heavy-duty dolly capable of handling
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vehicles and equipment accarding to
wrecker class.
(e) Required Equipment for Vehicle Inspecti�ns:
(1) Flat, level, concrete work space, wide enough for two (2)
vehicles
(2) Interior and adequate lighting
(3) Fl��r jack
(4) Tire wrench(s)
10. Liabilitv for Vehicles and Prapertv.
(a) The Contractor's liability far any vehicle to�cnred under this
contract and all praperty contained therein shall cammence at
the time the wrecker is haoked anto the vehicle. The Cantractar
shall be solely liable and respansible 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
darnage �r loss, the Contractor and emplayee(s) shall cooperate
with the Police Department in an investigation pertaining tn
the complaint, which will include making the wrecker driver or
other employees available to the police investigator.
(b) The Cantractor shall be responsible for the safekeeping of, and
shall be accountable to the ovcmer of the vehicle for all
personal property c�ntained therein, including vehicle
accessories, while the vehicle is being towed ta or from, and
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�
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
Cantractar to defray any charges for towing or storage of the
vehicle, and such persanal property shall be returned ta the
owner or person entitled to lawful possessian of the personal
property upon request, after abtaining approval of the Police
Departmen.t employee in charge, and without regard to any
fees owed by such persan. The Contractor shall not be
responsible for at�y property seized or retained by the Police
Departrnent.
11. Char es far Service: Service Call Cancellatians� Waivers.
All charges by the Contractor for services under this cantract shall
be in accordance with Section 122-42, Pinellas Cauntv Cod�, or
amendments thereto.
(a) Cantractor shall transmit every month to the Palice
Depaxtment, a fee equating to twenty dollars ($20.00) per
vehicle subj�ct ta impoundment for all administrative duties
relating to the internal processing of the vehicle impound by
Staff at the Police Department. These duti�s include, but not
limited to, for example: FCIC/NCIC iriquires, lien/ownership
status checks, purging of records fram FCIC/NCIC, case/file
management, and supplemental reparts documenting the
relEase of said vehicle(s).
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(b) The City shall reirnburse Cantrac�or a flat fee af one-hundred
dollars ($100.00) for the irnpaundment, towing, and storage of
vehicles held as evidence for investigative purposes when it is
deemed necessary to store the vehicle(s) at the Contract�rs
principle storage facility for a reasonable period of time not to
exceed five (5) days. Once the pracessing of said vehicles is
completed, the Contractor agrees to tow the vehicle to the
Clearwater Police Department's Seizure Lot at na further cost
to th� City. This fee shall not apply ta vehicles which are
sirnultaneously subject to seizure by the Clearwater Police
Departrnent.
(c) The City r�serves the right to cancel a request for services of
the Contractar at axay time, including up to the tirne of hookup,
so long as such cancellation is rnade in good faith upon facts
develop�d after the initial request for Contractar's services. If
the owner di the vehicle axrives on the sc�ne before the vehicle
is tovcred, and the vehicle can be safely moved by the owner,
during Contractor's normal working hours, in the opinion of
the an-scene employee, no charges will he made. Reasonable
Effort will be made to contact the owner befare towing services
are requested. The Contractor will nat arbitrarily, capriciously
or unreasonably be denied just compensation for respondizig in
good faith to City requests for service.
(d) The Contractor agrees that the mere rESpanse to an iznpound
scene without other actian daes nat constitute a service call
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for which charges are applicable.
(e) In the event that a vehicle is towed in error by the Palice
Departrnent, the Police Department may direct the release of
said vehicle and the waiving af charges by the Contractor.
Only supervisory police of�cials holding the rank of Police
Major or higher are permitted to do this, and only after
investigation into the error.
( fl In the event that the Police call �he Cantractor to tow a
recovered stolen vehicle ar a vehicle invalved in a crixninal
action, or when a vehicle in storagE is found to be stolen, the
Contractor agrees ta waive the first seven (7) days af starage
charge. The Contractor may charge the initial towing fee and
storage for time exceeding seven (7) days.
In the event that a towed or st�red v�hicle is found ta be
stolen or belangs to the victim of a crime, the storage exceeds
seven (7) days, and the action was initiated by the Police
Departznent, the Contractor agrees to waive or, in the cas� of a
large fee, negotiate with the Police on the amount af iinal
charges. No charge shall be waived (except as in (d) above) if
storage beyond seven (7) days is caused by the negligence of
the awner.
(g) In the event that a seized vehicle is returned to the
Cantractor for disposal, the City shall not be liable for any
towing or storage fees in connection with the disposal of
the vehicle.
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�.2. Callectian and Char�es•
The City shall not be responsible far the collection or payrnent af
any charges for services rendered because af its having
dispatched the service pursuant to this c�ntract, except as may
otherwise be pravided for herein. All such services rendered
shall be charged to the owner of the tawed vehicle or other
lawful claimant of possession.
13. Cleanup.
The Cantractar when towing a vehicle shall be responsible for
remvving from the street all brokeri glass and other debris that may
be in the street as a result of the cause for the towing of the vehicl�.
The debris thus removed shall be properly and safely disposed of.
14. Stora�e of Vehicles.
(a) The Cantractor shall maintain a storage garage and outside
starag� facility complying with all pravisian af applicabl�
building and zoning regulations sufiicient ta safely and
securely store all vehicles towed by him under this contract
until such vehicles are clairned by the awr�er ar otherwise
dispased af in accordance with this agreemerit and any
applicabl� law. The Contractor shall maintain a principal
storage compound of not less than 20,000 square feet (rneeting
all required specification outlined herein) located within an area
west of Tampa Bay, south of SR 580, narth af Selleair Road
and east of the Gu1f of Mexica.
(b) The Contractor shall have suitable garage space and have a
Page 14 of 2 3
hydraulic rack capable of lifting vehicles completely off the
floor, or equivalent facilities to permit police ernployees to
stand below the vehicl� ta make thorough investigations and
inspectians.
(c) The facility, or designated portions of the facility, should
be available to investigators from the Police Department,
at any time, for the purpases of conduc�ing examination
or analysis of vehicles.
(d) Contractor shall have employees available during
business hours (Monday through Friday) to facilitate
Police Departrnent investigators examination or analysis
af vehicles.
(e) The Contractor shall have inside storage capacity of at least
4,Q00 square feet.
(� Vehicles stored by the Contractor shall be properly protected
fram theft arid damage to the vehicles and all persan
property that may be contained therein. The Contractar
sha11 be respansible for ascertaining whether inside storage is
required unless directed otherwise by the Police Department,
and shall ardinarily stor� vehicles in the mast economical
manner consistent with vehicle type and condition.
(g) Unless speciiically authorized by the City's Police Department,
vehicles will not be dispased of in any way for a xninimum �f
sixty (60) days.
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(h) Storage facilities shall be subject to inspectian and approval
by the City upon carnrnencement of this contract, and sha11
be subject to periodic inspection when deemed necessary by
the Police Department or other �ntity having jurisdiction
during the t�rrn of this contract. Any discrepancies noted in
building ar facility sa.fety, security or vehicle protectian shall
be submitted in writi.ng to the Contractor ta carrect the
discrepancies, unless the conditian is so serious as to require
immediate action.
(i) The Contractor shall take all reasonable precautions to avoid
damage to any evidence, vehicles and personal praperty,
and vehicles shall be stored at a reasonable distance apart ta
prevent damage. The Contractor shall be informed which
vehicles are, or conta.in, evidence and upan reques� shall be
informed of the specific level of protECtiori ta be accorded the
vehicle.
(j) Because the Contractor's facilities must serve as an
extension af the Palice Department's evidence and property
storage facility, the Contractar's storage facilities shall be
constructed and operated so that anly authorized personnel
have access to the facilities, and such access must be
adequately documented so as ta meet the standards of the
chain of custody of evidence for criminal proceedings. The
Police D�partrnent shall review and approve or arnend the
Contractor's procedures for such cornpliance. In as much as
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the facility, primarily inside starage facility, rnust be secured,
the Contractor must have in place a working alarm systern ta
prevent the unauthorized access to the inside storage facility.
(k) Open storage shall be protected by a wall ar fence at least six
feet (6') in height. The top of any fenc� or wall enclosure,
including all gates ar doors ther�to or apen areas with raaf,
shall be equipped subject to the appraval af the City of
Clearwater Suilding Director and/or appropriate building
inspectar with not less than twelve (12) inches of barbed wirE,
or similar anti-intrusian barrier, installed in such a manner as
to discourage access aver the top of the fence or wall. All fences
and walls sha11 he 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 praper protection for stored vehicles. A
security guard or responsible employee shall rernain on
prernises continuously whenever the security of the starage
facility has been breached or substantially impaired.
(1) The Contractor agrees that he will assume the total
responsibility for compliance with Sectian 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
to�red under this cantract.
(rn) The Contractor alsa agrees to provide towing service required
Page 17 of 23
by the City involving vehicles covered under the Florida
Contraband Forfeiture Act at na charge to the City. The
Contractor will tow a seized vehicle to the City seizure lot �r
the Contractar's campound as per request of the Police
Department at no cost to the City.
(n) C�ntractor agrees to provide towing service for impaunded
vehicles, which xz�ay be required for inspection or examination
by the Police Department, at no cost to the City.
(o) Seized vehicles that axe returned to the Cantractor for dispasal
shall be treated in accordance with the pravisions of Section
932.7055, Florida Statuies. The Contractor will provide the
City with documentation of the rnethad of disposal for each
vehicle, including the Vehicle Identification Number, the
description of the vehicle, and the amount of money
received, if applicable. The Contractor shall return ta the City
in form of a payment or credit one-half of the gr�ss praceeds
resulting from the disposal of the vehicle.
15. Releasin of Vehicles.
The Cantractor agrees td release any vehicle that has nat been
marked "Hold," provided that proof of identiiication and ownership is
presented. The Contractor agrees that any vehicle that is marked
"Hald" shall not be releas�d without authority from the Police
Department and the rnethod af release will be at the discretion of the
Palice Departrnent. Pers�ns who apply for the release �f vehicles shall
be required to present proof of ownership by a title, registration, bill
Page 18 �f 23
of sale ar other competent evidence. In the event the Contractor is
holding personal property rernoved frorn the stared vehicle, upon
release, the owner or persons entitled ta possessian will acknowledge
receipt upon the Contractor's copy of inventory.
16. Claimin of Pra er .
Whenever impounded vehicles are claimed by the owner, the
Cantractor shall pravide the owxier with an itemized statement �f all
charges made for the impounding of the vehicle.
17. Disclosure of Other Interest.
(a) If the Cantractor has any connection, association, affiliation, or
�inancial or other interest in an automobile or truck body
repair, paint shop, salvage or recycling business, it shall be
disclased to the City. The Contractor shall nat favor any
automobile or truck body repair, paint shop, salvage or
recycling business whatsoever. If the Contractor has any
interest (�nancial or �therwise), conn�ction, associatian ar
afiiliation with an automobile ar truck repair, paint shap,
salvage or recycling business, na work shall be accamplished
by such shap ar business, nar 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 vialation
of this provision during the terrn of this cantract shall be
graunds for termination of this contract.
(b) Also, if during the life of this contract, Cantractar acquires
such an interest, Contractor will submit such inforrnation to
Page 19 of 23
the City Manager irzxmediately in writing and the failure to da
so could result in the immediate termination of this towing
contract at the discretion of the City Manager.
18. Insurance.
The Contractor shall pracure and rnaintain during the term of this
contract insurance against clairns far injuries to persans or
damages to property which may arise from or in connection with
performance af the work hereunder by the Contractor, his agents,
representatives, emplayees or subcontractors. The cost of such
insurance shall be borne salely by the Contractorr. Speci�ic
insurance speciiications are set forth in Appendix A, Insurance
requirements attached hereto.
19. Indemniiication.
The Contractors' covenants and agre�s ta indemnify and save
harrnless the City fram any and all claims, suits, actions, damages
and causes of action, including attorney's fees and any cost incurred
as a result of enfarcing this indernnity agreement, which arise
during the term of the contract for�any personal injury, loss of life or
property, and property darnage sustained in the performance of
services by the Cdritractor pursuant to this contract, excluding
claims arising from the City's owri negligent or intentional acts ar
omissions, and to defend any actian or prace�ding brought thereon,
and from and against any arders, judgment and decrees as may be
entered therein.
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20. Non-Discrimination.
The Contractor agrees that in the perfarmance of this contract he
shall nat discrixninate or pErrnit 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 afiiliation, national
origin, sexual preference, or disability.
21. Complaints.
The Contractor agrees that any cornplaints received by the City
concerning breach of this cantract by the Contractor, such as
excessive charges, poor busin�ss practices, damage to vehicles, etc.
will be referred to the City Manager, whos� determination, after a fair
and impartial investigation including notice to the Cantractar and an
opportunity to be heard and present evidence, will be binding an the
parties hereto. Failure of th� Contractor to follow the City Manager's
determination will be considered a material breach of the contract
� and cause for the immediate terrnination of the contract.
22. Postin� of Prices. The Cantractor shall praxninently past in each
starage area a list of the charges set far in this contract. A schedule
of approved charges shall be available upon dernand with each
wrecker.
23. Contract Non-Assi nable.
Neither this contract nor any rights hereunder shall be assignable or
transferable. The City reserves the right ta terminate this contract
up�n any change in ownership of the Cantractor, directly or
indirectly, whether from the issuance oi shares ar the transfer af
Page 21 of 23
shares in th� Cantractar, ar atherwise.
24. Non-Exclusiveness of Service.
The awner or person in possession af any private (non City) vehicle
which has been involved in an accident, or whose vehicle has been
incapacitated in any ather manner, shall be given th� apportu.nity to
cantact a wrecker or tow truck operator, provided the disabled
vehicle is no� creating a ha.zardous condition and the time which is
required for the wreck�r to respond will be reasonable. Nothing
contained herein lirnits other towing companies from responding to
the request %r services from any private persan or property owrier.
25. Termination of Cantract.
The City may terminate this Agreement without cause upan ninety
(90) days written notice to the Cantractor. The City rnay immediately
terminate this Agreement upon written notice ta Cantractor in the
event the Contractor breaches any of the terms and conditions of this
Agreement and fails to cure the breach within 7 days from the date
that written notice af the breach is delivered to the Contractar.
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� '.4
IN WITNESS WHEREOF, the parties hereto have caused this instrument
to be executed on the c�ay and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
,
� � ,�.P.�..�. �.
sy:
Frank V. Hibbard William S. Horne II
Mayar City Manager
Approved as to form:
�
Robert Surette
Assis City Attorney
Attest:
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Rosemarie Call
City Clerk
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CLEARWATER TOWING SERVICE, INC.
By.
Sean Co dne ames, President
Clearwater Towing Service, Inc.
Page 23 of 23