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HomeMy WebLinkAboutSpaceport Amoco - towing AGREEMENT THIS AGREEMENT isntered into this 30 day of NOV& BL2 2000, by and between SP/4CGP012 I ti oC0 ("Contractor") and THE CITY OF CAPE CANAVERAL, .FLORIDA, a municipal corporation (the "City"), 105 Polk Avenue, Cape Canaveral, Florida 32920. WITNESSETH : WHEREAS, the Contractor is involved in the business of towing,removing and/or storing vehicles as defined in Fla. Stat. 715.07; AND WHEREAS, the Contractor, being involved in the business of towing, removing and/or storing vehicles as defined in Fla. Stat. 715.07 desires to perform said services for the City related A .(. to the removal of vehicles, R.V.'s, campers, vessels, boats, trailers, in // 9f. iv accordance with Florida Statutes and The City of Cape Canaveral Code of Ordinances; and WHEREAS, the City has agreed through this Agreement to allow Contractor to perform towing, removal, and/or storage services pursuant to the applicable Florida Statutes and The City of Cape Canaveral Code of Ordinances provided Contractor provides certain indemnities,covenants, and agreements regarding the towing,removal and/or storage of vehicles. NOW, THEREFORE, in consideration of the mutual covenants contained hereinafter, the parties agree as follows: I. RECITALS. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. SCOPE OF SERVICES. The City shall make request of Contractor to perform towing and storage services on a task basis when notified by the City's Building Department. Contractor shall provide the required notification to all parties as set forth in Florida Statutes and the City of Cape Canaveral Code of Ordinances. 3. COMPLIANCE WITH LAWS AND REGULATIONS. The parties acknowledge that Contractor shall comply with Chapter 715 Fla. Stat. and The City of Cape Canaveral Code Chapter 34, with regard to any towing,removal,and/or storage of any vehicle under this Agreement. 3. CONSIDERATION. Contractor shall not receive any remuneration from the City with reference to the towing services performed hereunder, it being specifically understood that Contractor shall specifically seek its payment for services against the owner of the vehicle or against the vehicle itself. 4. TERMINATION. The City has the right to terminate this Agreement at will, provided that ten(10)days notice is given to Contractor prior to the termination date. 5. INSURANCE. Liability Amounts. During the term of this Agreement, Contractor shall be responsible for providing the types of insurance and limits or liability as set forth below. a. The Contractor shall maintain comprehensive general liability insurance in the minimum amount of$500,000 as the combined single limit for each occurrence to protect Contractor from claims of damages which may arise from any services performed under this Agreement whether such services are performed by the Contractor or by anyone directly employed by contracting with Contractor. b. The Contractor shall maintain comprehensive automobile liability insurance in the minimum amount of$500,000 combined single limit bodily injury and minimum $50,000 property damage as the combined single limit for each occurrence to protect Contractor from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership,use,or maintenance of owned and non- owned automobiles, including rented automobiles whether such operations be by Contractor or by anyone directly or indirectly employed by Contractor. c. The Contractor shall maintain, during the life of this Agreement, adequate Worker's Compensation Insurance and Employers' Liability Insurance in at least such amounts as are required by law for all of its employees performing work for the City pursuant to this Agreement.. 6. NON-ASSIGNMENT. Contractor shall not at any time during the duration of this Agreement, assign any rights or obligations incurred by said Agreement to any other contractor or party. 7. INDEPENDENT CONTRACTOR. Contractor, in the performance of the duties and obligations under this Agreement shall perform same in the capacity of an Independent Contractor and not acting as an agent to or for the City. 8. THIRD PARTY RIGHTS. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City or Contractor. 9. SOVEREIGN IMMUNITY. Nothing contained in this Agreement shall be construed as a waiver of the City's rights to sovereign immunity under Chapter 768, Fla. Stat.,or other limitations imposed on the City's potential liability under state or federal law. 2 11. INDEMNITY. Contractor and their successors and assigns in interest, hereby, in consideration of the covenants of the City,agree to defend, indemnify, and hold harmless the City, its officers and employees, from and against the full amount of all claims, liabilities,actions,suits, proceedings, assessments, judgments, losses, damages, costs, and expenses (including interest, penalties, and reasonable attorney's fees and disbursements) ("Losses") arising out of or resulting from a default hereunder or the negligent or intentional acts if Contractor, its servants, employees or agents in the execution of its responsibilities as stated in Paragraph 2 above. The foregoing Losses shall specifically include, but not be limited to, any costs associated with repairs, damage, conversion and loss of use. 12. WAIVERS. No action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party shall be deemed to constitute a waiver by the party taking such action of compliance with any representation,warranty,covenant or agreement contained herein. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. 13. AMENDMENT AND MODIFICATION. This Agreement may not be changed, waived, discharged, or terminated except with the written consent of the parties hereto or their respective successors in interest. 14. HEADINGS, ENTIRE AGREEMENT; GOVERNING LAW. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. This Agreement constitutes the entire agreement and supersedes all prior agreements and understandings,both written and oral, among the parties with respect to the subject matter hereof,and this Agreement may be executed in separate counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same instrument. This Agreement shall be governed in all respects, including validity, interpretation, and effect, by the laws of the State of Florida. 15. SAVINGS CLAUSE. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions,and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 16. ATTORNEY'S FEES. Should any party hereto institute any action or proceeding in court or otherwise enforce any provision hereof or for damages by reason of an alleged breach of any provision of this Agreement, the prevailing party shall be entitled to receive from the non-prevailing party such amount as the court may judge to be reasonable attorney's fees of the services rendered to the prevailing party in such action or proceeding, plus the prevailing party's costs and expenses therein, regardless of whether such action or proceeding is prosecuted to judgment. IN WITNESS WHEREOF, the parties have duly executed this Agreement effective as of the date first above written. 3 THE CITY OF CAPE CANAVERAL, ATTEST: FLORIDA v0 C Q40 -0)4Q( Sandra a. ;anis;CITY CLERK Rocky Randels, MAYOR RL)f WITNESSES: 10, V5A16.2/1- /� 'rint Name: L,t nd/G FGt rZe -; Print Name: 4