R23-179 1 RESOLUTION NO. R23-179
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
3 AUTHORIZING THE CITY MANAGER TO SIGN THE SECOND
4 AMENDMENT TO TOWING FRANCHISE AGREEMENT FOR THE LAST
5 ONE (1) YEAR RENEWAL OF THE CONTRACT WITH BECK'S TOWING
6 & RECOVERY, INC. FOR TOWING & STORAGE SERVICES; AND
7 PROVIDING AN EFFECTIVE DATE.
8 WHEREAS, On June 6, 2023, the City of Boynton Beach passed Ordinance No. 23-009,
9 which allows the imposition of a reasonable administration fee or charge for towing services,
10 limited to twenty-five percent (25%) of the maximum towing rate to cover the cost of
11 enforcement; and
12 WHEREAS, the City has a final one year renewal of the agreement with Beck's Towing &
13 Recovery, Inc and staff recommends renewing for the final year with an amendment to the
14 agreement to collect the 25% administration fee during the final year of the agreement; and
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
16 recommendation of staff, deems it to be in the best interests of the City residents to approve and
17 authorize the City Manager to sign a Second Amendment to Towing Franchise Agreement for the
18 final one (1) year renewal of the Agreement with Beck's Towing & Recovery, Inc. for Towing &
19 Storage Services.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
21 BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. Each Whereas clause set forth above is true and correct and incorporated
23 herein by this reference.
24 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
25 approve and authorize the City Manager to sign the Second Amendment to Towing Franchise
26 Agreement for the Final one (1) year renewal of the Agreement with Beck's Towing & Recovery,
27 Inc. for Towing & Storage Services. A copy of the Second Amendment is attached hereto and
28 incorporated herein by reference as Exhibit "A."
S:\CA\RESO\Agreements\Second Amendment To Towing Agreement With Beck's-Reso.Docx
29 Section 3. That this Resolution shall become effective immediately upon passage.
30 PASSED AND ADOPTED this 5th day of December, 2023.
31 CITY OF BOYNTON BEACH, FLORIDA
32 YES NO
33
34 Mayor—Ty Penserga .�
35
36 Vice Mayor—Thomas Turkin
37
38 Commissioner—Angela Cruz
39
40 Commissioner—Woodrow L. Hay ✓
41
42 Commissioner—Aimee Kelley •✓
43 V
44 VOTE
45
46
47
48 ATTEST:
49
-4011
50 /OAS'r.dAge AallWAPP
51 Tammy Stan '.ne, CMC Ty Pery f a
52 Deputy City Clerk Mayo
53
54 A•PROVED AST FORM:
55 (Corporate Seal)
56 � ,�( i4 J%`
S7 gOYNT0ti`, Shawna G. Lamb
58 `�O:GpRP0RgPF•.�•�o++/ City Attorney
59 s �: SEAL •`'
INCORPORATED: t'
.
+++ •. 1920 1 /
FLORIPI
S:\CA\RESO\Agreements\Second Amendment To Towing Agreement With Beck's-Reso.Docx
00 110.11
SECOND AMENDMENT TO THE TOWING FRANCHISE AGREEMENT
THIS FIRST AMENDMENT,dated the 5th day of December 2023,between:
CITY OF BOYNTON BEACH, a municipal corporation organized and existing
under the laws of Florida,with a business address of 100 East Ocean Avenue,Boynton
Beach,FL 33435,hereinafter referred to as"CITY";
and
BECK'S TOWING&RECOVERY,INC.,a Florida Profit Corporation,authorized
to do business in the State of Florida, with its principal place of business at 410 NE
5th Avenue,Boynton Beach,FL 33435,hereinafter referred to as"CONTRACTOR."
WITNESSETH:
WHEREAS,the Franchise Agreement(herein "Agreement") for CITY towing and storage
services between the Parties naturally expires on December 14, 2021,and may be renewed for three
(3)additional one(I)year terms upon mutual agreement of the Parties; and
WHEREAS,to date,the Parties have been satisfied with the performance and execution of
the agreement and desire to renew the agreement for the last one(1)year period(December 15,2023
through December 14, 2024) and to amend the terms contained therein as set forth in this Second
Amendment;and
WHEREAS, the Parties agree that the terms of the Agreement are modified such that the
terms and provisions set forth herein shall be in addition to or to the extent of any conflict, the
provisions herein shall take precedence.
NOW, THEREFORE,the Parties agree the following provisions shall become an integral
part of the Agreement between the Parties as follows:
1. The forgoing recitals set forth above are true and correct and herein incorporated by this reference.
2. The Agreement and First Amendment between the CITY and CONTRACTOR,a copy of which
is attached hereto and made a part hereof as Composite Exhibit"A,"shall remain in full force and
effect except as specifically amended herein.
3. Any language contained in this Second Amendment that is in striltetlifeugh type shall be deletions
from the terms of the Agreement, and language in underlined type shall be additions to the terms
of the Agreement.
{40563143.13069001821 y Page 1 of 4
4. Compensation and Method of Payment The Parties acknowledge and agree that Article 3
"Compensation and Method of Payment"of the Agreement,is hereby amended as follows:
3.1.4 For Police directed tows only.the CONTRACTOR shall charge the vehicle owner an
Administrative Fee equal to twenty-five (25%) of the initial tow_fee, based on,class,of tow as
outlined in City Ordinance 23-009 Exhibit B.
3.1.5 Collection of Administrative fees will begin December 15, 2023 through December
14.2024.
3.1.6 Administrative fees collected in a month will be forwarded from the CONTRACTOR
to the CITY by the 14th day of the following month.
3.1.7 Contractor is not responsible for the administrative fees for vehicles that are not picked
up b�.the registered owner and that are sent to auctionlsalva�e.
5. SCRUTINIZED COMPANIES-287.135 AND 215.473
By execution of this Agreement, Contractor certifies that Contractor is not participating in a
boycott of Israel. The contractor further certifies that Contractor is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan
List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List,or has Contractor been engaged in business operations in Syria.Subject to limited exceptions
provided in state law, the City will not contract for the provision of goods or services with any
scrutinized company referred to above.Submitting a false certification shall be deemed a material
breach of contract. The City shall provide notice, in writing, to the Contractor of the City's
determination concerning the false certification. The contractor shall have five (5) days from
receipt of notice to refute the false certification allegation.If such false certification is discovered
during the active contract term,the Contractor shall have ninety(90)days following receipt of the
notice to respond in writing and demonstrate that the determination of false certification was made
in error.If the Contractor does not demonstrate that the City's determination of false certification
was made in error then the City shall have the right to terminate the contract and seek civil
remedies pursuant to Section 287.135,Florida Statutes,as amended from time to time.
6. E-VERIFY
CONTRACTOR certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statutes, as may be amended from time to time and briefly described herein
below.
A. Definitions for this Section:
1) "Contractor"means a person or entity that has entered or is attempting to enter
into a contract with a public employer to provide labor, supplies, or services
to such employer in exchange for a salary, wages, or other remuneration.
"Contractor"includes,but is not limited to,a vendor or consultant.
2) "Subcontractor" means a person or entity that provides labor, supplies, or
100563143.1 3064001821 J Page 2 of 4
w
services to or for a contractor or another subcontractor in exchange for a
salary,wages,or other remuneration.
3) "E-Verify System" means an Internet-based system operated by the United
States Department of Homeland Security that allows participating employers
to electronically verify the employment eligibility of newly hired employees.
B. Registration Requirement;Termination: Pursuant to Section 448.095,Florida Statutes,
effective January 1,2021,Contractors,shall register with and use the E-Verify System
in order to verify the work authorization status of all newly hired employees.Contractor
shall register for and utilize the U.S. Department of Homeland Security's E-Verify
System to verify the employment eligibility of:
1) All persons employed by a Contractor to perform employment duties within
Florida during the term of the contract;and
2) All persons(including sub-vendors/sub-consultants/sub-contractors)assigned
by Contractor to perform work pursuant to the contract with the City of
Boynton Beach.The Contractor acknowledges and agrees that registration and
use of the U.S. Department of Homeland Security's E-Verify System during
the term of the contract is a condition of the contract with the City of Boynton
Beach;and
3) The Contractor shall comply with the provisions of Section 448.095,Fla.Stat.,
"Employment Eligibility," as amended from time to time. This includes, but
. ,n. led to registration and utilization of the E-Verify System to verify
•th&work authorirAtion status of all newly hired employees. Contractor shall
" Uquiie;;al ,subcontractors to provide an affidavit attesting that the
• subcontractor'does not employ, contract with, or subcontract with, an
t r. • n'• •
a� oriae. i, The Contractor shall maintain a copy of such affidavit for
the duration of the contract. Failure to comply will lead to termination of this
Contract, or if a subcontractor knowingly violates the statute,the subcontract
must be terminated immediately. Any challenge to termination under this
provision must be filed in the Circuit Court no later than twenty(20)calendar
days after the date of termination. Termination of this Contract under this
Section is not a breach of contract and may not be considered as such. If this
contract is terminated for a violation of the statute by the Contractor, the
Contractor may not be awarded a public contract for a period of one(1)year
after the date of termination.
7. The Parties agree that the modifications herein shall supersede any language in the Agreement
and exhibits thereto, and in the event of a conflict with such language, the modifications in this
amendment shall prevail. In all other respects the Agreement shall remain in full force and effect,
except as specifically modified by this First Amendment.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
100563143.13069001821) Page 3 of 4
IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized
representatives.
DATED this 11- day of !\) Nemo?C m o Y ,2021
CITY OF BOYNTON BEACH BECK'S TOWING&RECOVERY,INC.
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Daniel Dugger,City Manager (Sig ature), Compan
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