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VEHICLE TOWING SERVICE CONTRACT 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, 33758 (hereinafter, the "City"), and B.J.'s Towing and Recovery. Inc., a Florida corporation, whose address is 12895 Automobile Blvd.. Clearwater. FL 33762 (hereinafter, the "Contractor"), as of the 1st day of Mav, 2002. 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. Agreement. The City agrees to purchase from the Contractor, and the Contractor shall fumish to the City, the services of towing and storage of vehicles and other services pursuant to the terms and conditions of this contract. 2. Term. The term of this contract shall be three (3) years from the date hereof with an option of an additional two years thereafter. 3. DefInitions. (a) The term "City" means the City of Clearwater. (b) The term "Contractor" means B.J.'s Towing. 1 (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 or other City employee 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 fumish towing service for the removal of vehicles upon request by the Police Department, and shall fumish both indoor and outdoor storage space for said 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 respond in no less than 30 minutes from the time of the request for service. (c) The Contractor shall also remove non-accident related debris form the public streets when requested by the Police Department. (d) During the declaration of a voluntary or mandatory evacuation, the Contractor shall have available two (2) wreckers and drivers for 2 assignment by the City at appropriate locations determined by the City to be necessary to maintain clear and safe evacuation routes. (e) 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. (f) 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 listing 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.S.M.V. driver license record for each driver employed by the Contractor; such report shall not 3 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 responsibilities 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 have access to confidential information as a result of their duties, the Contractor and each person employed shall submit to a background investigation by the Police Department. No person shall be permitted to perform the services under this agreement if the background investigation discloses either of the following: 4 (1) Any conviction within the last five (5) years for any felony offense or any offense involving dishonesty or false statement. For purposes of this agreement, the term "conviction" shall mean any disposition of a criminal case involving the imposition 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 statement of fact or document required by the Police Department in conjunction with the background investigation. 8. Inspections. The Contractor shall permit members of the Police Department and other authorized City personnel to inspect the storage areas, stored vehicles and records relative to this contract whenever, in the opinion of authorized City personnel, it is deemed reasonably necessary; such inspections shall be conducted at reasonable times and under reasonable circumstances. 9. Equipment Specifications. (a) A minimum of three (3) Class "A" wreckers (one of which must be a four- wheel drive), one (1) Class "C" wrecker, and one (1) roll back or car carrier in good operating condition shall be required at the commencement date of this contract and shall be maintained through the term of the contract. In addition, the Contractor agrees to maintain a sufficient fleet of trucks and equipment to perform the total contract service requirements, plus all other business, law enforcement and 5 commercial requirements. The City will be given preference on any call for service. (1) All equipment shall be operational and in good mechanical condition and subject to inspection by the City. The Contractor shall not use Service equipment as emergency vehicles. All towing vehicles shall be equipped with two-way radios capable of covering all territory within the city limits of Clearwater. (2) The Contractor shall meet all requirements of any applicable State, City and County laws, ordinances and rules, including all applicable licensing requirements. (b) Class "A" Wrecker Specifications. (1) The tow truck shall have a minimum manufacturer's capacity of 10,000 G.V.W. (2) The boom capacity shall not be less than four (4) tons. (3) The power winch shall have a pulling capacity of not less than four (4) tons. (4) The winch spool shall contain a minimum of one hundred fifty feet (1501 of 3/8 inch towing 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 shall be equipped with dual rear wheels. (c) Class "C" Wrecker Specifications. 6 (1) The tow truck shall have a minimum manufacturer'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 not less than thirty (30) tons. (4) The winch spool shall contain a minimum of two hundred feet (2001 of 9/16 inch or larger towing 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 shall be equipped with double boom so constructed to permit splitting, each boom to operate independently or jointly. (7) The vehicle shall be equipped with dual rear wheels. (8) The vehicle shall be equipped with air brakes so constructed as to lock all wheels automatically upon failure. (d) Required Equipment 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 an amber light mounted on top of the wrecker. (3) Each wrecker shall be equipped with the following:ea. One (1) heavy-duty push broom. 7 b. One (1) heavy-duty shovel. c. One (1) heavy-duty pinch bar, pry bar or crowbar. d. One (1) set heavy-duty bolt cutter. e. One (1 5 pound C02 fire extinguisher (minimum) f. One (1) heavy-duty dolly capable of handling vehicles and equipment according to wrecker class. 10. Liability for Vehicles and Property. {gl 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 will include making the wrecker driver or other employees available to the police investigator. 1Ql 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 8 Contractor to defray any charges for towing or storage of the vehicle, and such personal property shall be retumed to the owner or person entitled to lawful possession of the personal property upon request, after obtaining approval of the Police Department employee 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. Charges 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 7:00 A.M. and 6:00 P.M.: Regular Wrecker Pick-up If dolly required $55.00 $25.00 (2) Vehicle towing anywhere within the City of Clearwater between the hours of 6:00 P.M. and 7:00 A.M.: Regular Wrecker Pick-up $65.00 If dolly required $25.00 (3) Vehicle towing, tow truck at scene over one (1) hour: Each additional hour $50.00 (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 $50.00 per hour, daytime or nighttime. 9 (5) The storage fee shall not exceed $15.00 per day or a fraction thereof, for inside storage, or $15.00 per day or a fraction thereof for outside storage. (6) The rate for providing the services required by , 5(c) shall be at an hourly rate of $50.00 per vehicle regardless of the hour of the day or the day of the week. The Contractor shall charge no other fee to the City or to the disabled vehicular driver/owner for providing the services required by , 5(c). (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 employee, 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. (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. 10 (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 (Captains or higher) 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 is returned to the Contractor for disposal, the City shall not be liable for any towing or storage fees in connection with the disposal of the vehicle. (h) Collection and Charges. 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 11 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 (10) 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 as a result of the cause for the towing of the vehicle. The debris thus removed shall be properly and safely disposed of. 13. Storage of Vehicles. (a) The Contractor shall maintain a storage garage and outside storage facility complying with all provision 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. The Contractor shall maintain a principal storage compound of not less than 20,000 square feet (meeting all required specification outlined herein) located within an area west of Tampa Bay, south of SR 580, north of Belleair Road and east of the Gulf of Mexico. (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 employees to stand below the vehicle to make thorough investigations and inspections. 12 (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 person 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 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. 13 (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 approved or amend the Contractor's procedures for such compliance. In as much as the facility, primarily inside storage facility, must be secured, the Contractor must have in place aworking alarm system to prevent the unauthorized access to the inside storage facility. (i) Open storage shall be protected by a wall or fence at least six feet (61 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 twelve (12) inches of barbed wire, or similar anti-intrusion barrier, installed in such 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, an 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 premises continuously whenever the security of the storage facility has been breached or substantially impaired. 14 (j) No storage fees will be collected for the first twelve (12) 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. (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 15 Forfeiture Act at the commercial rate of $35.00. 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 ten (10) days of storage charges for seized vehicles stored at the Contractor's compound. (n) Seized vehicles that are returned to the Contractor for disposal shall be treated in accordance with the provisions of Section 932.7055, Florida 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. The Contractor shall return to the City in form of a payment or credit one-half of the gross proceeds resulting from the disposal of the vehicle. 14. Releasing of Vehicles. The Contractor agrees to release any vehicle that has not been marked "Hold," provided that proof of identification and ownership is presented. The Contractor agrees that any vehicle that 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 atitle, registration, bill of sale or other competent evidence. In the event the 16 Contractor is holding personal property removed form 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, salvage or recycling business, no 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 writing and the failure to do so could result in the immediate termination of this towing contract at the discretion of the City Manager. 17 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 bome 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 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, national origin, sexual preference, or disability. 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 18 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. Posting of Prices. The Contractor shall prominently post in each storage area a list of the charges set for in this contract. A schedule of approved charges shall be available upon demand with each wrecker. 22. Contract Non-Assignable. 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 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. 19 Countersigned: CITY OF CLEARWATER, FLORIDA BY:~~'t/.-.C11: illiam B. Horne II City Manager L~ Brian' J. AuJlgs - Mayor-Commissioner Approved as to form: Attest: ~,." ,',&~~~ . &u,L r~y Cl:r~G9Ude;~ t!rff Robert . Surette Assistant City Attorney . ....... B. J.'s TOWING AND RECOVERY, INC. By~~ ~ B.J. Haworth, President ofB.J.'s Towing and Recovery, Inc. ~ ecretary (corp~~;$~~-----__ -~~-. -~, ----:~::... .--~.- ~'- --"-._~ -~- ~ :.~~~ - ~__ _ ':' ....... __' -~_ v,~ -__ 20 ~ : ~ ~ :'~ ~.;:.. ~,,-.:"" -/', .; _: ::>.: ,. ............. ,~ f. '"' .;.