R97-058 RESOLUTION NO. R97_,~,8
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH. FLORIDA, PROVIDING
FOR AUTHORIZATION TO PROCEED WITH
ADVERTISING "REQUEST FOR QUALIFICATIONS,,
(RFQ) FOR THE CITY'S TOW CONTRACT AND
APPROVING THE TOW CONTRACT AGREEMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
previously approved Resolution No. R94-26, which established an administrative
procedure for the selection of motor vehicle towing contractors on a rotating basis;
and
WHEREAS, each tow contractor who is accepted under the Request for
Qualifications, will be required to execute a Towing Services Agreement with the
City of Boynton Beach, a copy of which Agreement is attached hereto and made a
part hereof.
Agreement is attached hereto as Exhibit "A".
Section2. This Resolution shall
passage.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
hereby authorizes staff to proceed with advertising Request for Qualifications (RFQ)
for the City's Tow Contract and approve the Tow Contract Agreement, which
become effective immediately upon
ATTEST:
PASSED AND ADOPTED this ~ day of April, 1997.
CITY OF BOYNTON BEACH, FLORIDA
'mmissi.,Oner
CITY OF BOYNTON BEACH
MEMORANDUM
TO:
FROM:
RE:
DATE:
Lana Koester, Purchasing Agent
Michael J. Pawelczyk, Assistant City Attorney
Tow Agreement
April 10, 1997
Attached hereto is yet another"new" page 9 to the form Tow Agreement, which was approved
by the Commission at the April 1, 1997, City Commission Meeting. A revision to subsection 0~)
on that page was necessary due to a scrivener's error in the previous revision of April 1, 1997.
Please insert this new page 9 into the original contract. I understand that a disk has been
forwarded to you with the contract and the RFQ saved thereon. If you would like for me to
update the document saved on the disk, please bring the disk to this office, and I will gladly
accommodate your request. Should you have any questions, please do not hesitate to contact me.
cc: Sue Kruse, City Clerk
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wpXagmtsh-nemo\towing 5
CITY OF BOYNTON BEACH
TOWING SERVICES AGREEMENT
1997 AGREEMENT
Revised 3/18/97
AGREEMENT
THIS IS AN AGREEMENT, dated the day of
997, between:
THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation,
hereinafter referred to as "CITY",
and
hereinafter referred to as "TOW
CONTRACTOR".
WITNESSETH:
In consideration of the mutual terms and conditions, promises, covenants and
payments hereinafter set forth, CITY and TOW CONTRACTOR agree as follows:
1. SPECIAL TERMS AND CONDITIONS
1.1
RATES.
The rates herein have previously been established and approved by the Boynton
Beach City Commission and will remain firm and fixed for the term of this
Agreement. The rates charges by TOW CONTRACTOR to provide all labor,
tools, materials, and equipment shall not be greater than the applicable
maximum rates as provided by this Agreement.
1.11
APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY
CITY
T~
b..se rates are the only rates that will be charged vehicle owners under this
Agreement:
TOWING BY ITEM DESCRIPTION
(1) Class A (cars, vans, light trucks
under 10,000 GVW) within City
limits;
$75.00 per call
(2) Motorcycles within the City limits;
$75.00 per call
(3)
Towing outside the City limits for
cars, vans, motorcycles, and light
trucks 3/4 and less;
an additional
$2.00 per towed
mile from the
City limits
1997 Tow Contract,3\18\97
(4) $125.00 per call
(5)
Class B (vehicles 10,000 to 30,000
GVVV) within the City limits;
Towing outside the City limits
for Class B vehicles;
(6)
(7)
Class C vehicles (over 30,000
GVW) within City limits;
Class C vehicles outside City
limits;
(8)
(9)
Additional time at the scene
after first hour, per 1/2 hour
thereafter (applied to all vehicles,
cars, vans, and trucks under and
over 3/4 ton, for waiting and extra
street clean-up. This provision
shall not apply in conjunction with
vehicle recovery under Section 1.2(C).
Miscellaneous other charges
4 X 4/off-road vehicle recovery
Tarp fee
Lowboy service
Outside the City limits
Underwater recovery salvage
divers
1997 Tow Contract,3\18\97
an additional
$4.00 per towed
mile from the
City limits
$150.00 per call
an additional
$6.00 per towed
mile from the
City limits
$30.00 per
half hour
$75.00 for the
first hour, and
$30.00 per half
hour thereafter
$35.00 per call
$120.00 per hour
an additional
$5.00 per towed mile
frOm City limits
$125.00 for first
hour or part
thereof, and
$31.00 for each
additional 1/4
hour or part
thereof.
(10)
For purposes of this Agreement, when CONTRACTOR is entitled
to additional charges based on time spent at the scene, unless
otherwise specified, CONTRACTOR shall apportion the charge set
forth herein to be consistent with the actual time spent on the
scene.
(B)
STORAGE AND LIEN NOTICE
(1) Cars, vans, trucks under 3/4 ton
Outside storage
Inside storage
$20.00 per day
$25.00 per day
(2)
Trucks and vehicles over 3/4 ton
Outside storage
Inside storage
$30.00 per day
$35.00 per day
(3)
Motorcycles
Outside storage
Inside storage
$10.00 per day
$15.00 per day
(4)
Boat and trailer (21 feet and under)
Outside storage
Inside storage
$17.00 per day
$22.00 per day
(5) Boat and trailer (over 21 feet)
$30.00 per day
(6)
Lien notice (after 24 hours of
storage)
$30.00 per vehicle
Per Florida Statutes, no storage fee shall be charged to the vehicle owner for a
vehicle stored less than six (6) hours.
"Per day" shall be defined as a twenty-four (24) hour period or any part thereof.
(C) VEHICLE RECOVERY
The following vehicle recovery fees may be charged to the vehicle owner
when the vehicle is overturned, embedded in sand, mud, or water, or requires
more than a single hook-up:
(1) Class A and B wrecker on the
scene;
1997 Tow Contract,3\ 18\97 3
$60.00 per hour
(2) Extra man (each) on the scene $35.00 per hour
A vehicle recovery fee shall not be charged to the vehicle owner in
conjunction with Section 1.11 (A) of this Agreement.
(D) ROAD SERVICE
For all trucks, ~, vans and other Vehicles under and over 3/4 ton, a road
service fee of ed to the vehicle owner for services
such as assisted start, unlocking a door, delivering gas, tire changes, etc.
1.12
APPROVED TOWING RATES - CITY OWNED OR CITY LEASED VEHICLES
A. All CITY owned or CITY ieased vehicles under the 3/4 ton Class "A"
wrecker will be towed at fifty (50%) percent the Class "A" rate, as
indicated in Section 1.11 of this Agreement.
All CITY owned or CITY leased vehicles under 3/4 ton requiring road
service as indicated in Section 1.11 of this Agreement will receive such
services at fifty (50%) percent of the road service rate.
Al! vehicles towed at the request of the Boynton Beach Police department
as a crime scene vehicle, Confiscated vehicle, forfeited vehicle, or in any
other way related to police business will be towed at fifty (50%) percent of
the contract rate and will ~red for fifty (50%) percent of the contract
storage rate as stated in 1.11 of this Agreement.
Ail CITY owned or CITY leased vehicles towed .under Class "B" or Class
"C" will be towed at fifty (50%) percent of the appropriate Class "B" or "C"
rate as set forth in Section ~1.11 of this Agreement.
All vehicles towed at the request' of Code Enforcement, or any other
department of CITY in connection to City business, shall be towed at fifty
(50%) percent of the contract rate and will be stored at fifty (50%) percent
of the contract rate, as set ~orth in Section 1.11 of this Agreement.
F. City shall not be assessed any waiting time charges, whatsoever.
1.15
SPECIAL AND ADDITIONAL CHARGES
A. WAITING TIME. The cost for waiting time shall not be assessed by TOW
CONTRACTOR until sixty (60) minutes after arrival at the scene.
B. LABOR CHARGES. The co~t for labor under any circumstances and when
applicable shall not be assessed by TOW CONTRACTOR until sixty (60)
1997 Tow Contract,3\lS\97 4
Do
minutes have expired after arrival at the scene. Labor charge must be
clearly shown on the tow receipt with a written explanation of the labor
charge.
LABOR CHARGES PROHIBITED.
assessed to CITY or Customer
necessary to com
The cost for labor shall not be
clean-up
ime
SERVICE CALL. TOW CONTRACTOR agrees that the mere response
to a service call scene without other action does not constitute a service
for which charges may be assessed to ,the vehicle owner.
DOCUMENTATION ':OF:
TOW CONTRACTOR
reason(s) for waiting 1
Ch
a~
L CHARGES.
the tow receipt the
·med for assessed
:iai or additional
:le owner or
that the City
on the
and that TOW
er or his/her
1.2
CONSIDE
A.
cate of
meetin
~terestS of the CITY I
URES
best responsible
which serve the
the ability of the applicant to provide the required services with
regard to the of equipment and facilities,
recOrd keep ncY of staff; financial support,
to terms, conditions and
experience, qualifications, training and past performance of each
proposed towing company's owners and officers, and persons
directly involved in managing the service on a regular basis;
1997 Tow Contract,3\18\97
substantiated compl received by CITY or Palm Beach County
Consumer Affairs cerning misconduct on ~the part of the
proposed towing company, such as excessive charges, poor
~)usiness practices, damag~ to vehicles, extensive involvement in
litigation ~vill be considered and shall Weigh heavily against each
applicant.
Evaluation of applications will be conducted by a committee of City staff
who shall evaluate all responsive applications received from applicants
meeting or exceeding the contract specifications based upon the
information and references contained in the applications. The committee
shall also consider the inspection of the applicant's facilities, equipment,
record keeping, and :employees. The committee will then make
recommendations to the City Manager in the form of a list of proposed tow
company applicants: The City Manager shalI then turn over his/her
recommendation to the City Commission.
The City Commission reserves the right, based upon its deliberations and
its opinion, to award a certificate of qualifications.
1.3
ELIGIBILITY.
A. To be eligible to respond to this RFQ, TOW CONTRACTOR shaft be
regularly engaged in the towing business on a full-time basis in Palm
Beach County and the City of Boynton Beach, and shall be able to
produce evidence or prior experience in providing similar services
continuously for the past two (2) years (one year of which must have been
within Palm Beach County, Florida).
TOW CONTRACTOR shaft have satisfactory financial support, required
equipment and organization sufficient to ensure that TOW
CONTRACTOR can satisfactorily execute the services, if granted a
contract, under the terms and conditions stated herein.
In the event litigation arises out of the CITY's failure to select a particular
applicant, damages, if any, shall be limited to actual preparation costs
incurred by the challenging party.
The terms "equipment" and "organization" as used herein shall be
construed to mean a fully equipped and well established company as
determined, approved or ratified by the Boynton Beach City Commission.
1997 Tow Contrac~,3\18\97
TOW CONTRACTOR shaft have an office and storage facility within the
city limits of the City of Boynton Beach at the time the proposal is
submitted for CITY's review. The storage facility shall be in full
compliance with the terms of this Agreement, and shall be maintained as
such at all times during the duration of this Agreement. TOW
CONTRACTOR agrees that it will, at its sole cost and expense, if
selected, fulfill and comply with all laws, ordinances, codes, regulations
and requirements of the City of BOynton Beach:, Palm Beach County, the
6
State of Florida, the United States of America, and any and all
governmental agencies having jurisdiction over the providing of services
as contemplated in this Agreement.
t all times during the term of this
required pursuant to
license shall be
Ordinances.
ss in the City of
Code of
At all times during the term of this Agreement, TOW CONTRACTOR, its
subsidiaries, agents~ employees or representatives shall only appear on
the rotat on ist once. Under no circumstances shall a Tow Contractor
who has a business, financial or legal relationship With another Tow
Contractor be permitted to h~ave more i~an one place on the rotation list.
1.4 APPLICATION REQUIREMENTS
All appliCatiOns shall be submitted 'as specified on the application pages. Any
attachments must be clearly identified. To be considered, the application must respond
to all parts of the RFP. Any oth
to the enumerated categories, should
sPUblications are supplied by an appli(
hould include a
provide a quick reference
thought to be relevant, but not applicable
as an appendix to the proposal. If
requirement, the response
;nt ~number and page number. This will
of the application. Applications failing to
provide this reference will be considered to have no reference material included in the
additional documents.
ALL SUBMITTED MATERIALS BY PROPOSED TOW CONTRACTORS MUST BE
TYPED. NO HANDWRITTEN. MATERIALS WILL BE ACCEPTED. ANY
HANDWRITTEN APPLICATIONS THAT ARE RECEIVED WILL BE
AUTOMATICALLY DISQUADFIED AND WILL NOT BE CONSIDERED.
1.5
GENERAL SPECIFICATIONS.
A. TOW CONTRACTOR shall maintain and have available at all times for
inspection by authorized CITY personnel, detailed records of all services
rendered relative to the subject Agreement.
B, TOW CONTRACTOR shall furnish towing
vehicles within the City of Boynton Beach
1997 Tow Contract,3\18\97 7
service for the removal of
when required and when
dispatched or required by the CitYof Boynton Beach Police Department
(or other CITY authorized representative in the case of city-owned or city
leased vehicles), Such services shall be made available on a twenty-four
(24) hour basis. CITY shall be given preference only for calls by the
Police Department.
TOW CONTRACTOR shall maintain adequate storage space within the
City for said vehicles when towed. Said storage facilities shall meet the
minimum requirements set forth in this Agreement.
At an accident .scene, TOW CONTRACTOR shall remove from the street
and Surrounding area all broken glass and other debris resulting from the
accident.
CITY shall have the right to cancel a request for tow company service up
until the time that a wrecker is hooked onto a vehicle and ready for
transport to the storage facility.
1.6
SPECIFICATIONS FOR WRECKERS.
The CITY agrees to maintain three (3) wrecker rotation lists, as follows:
1. Class "A"/"B" List;
2. Class "C" List; and
3. Code Enforcement List (mandatory for all Class "A"FB" tow
contractors).
TOW CONTRACTOR must own, lease (first-party) and be in possession,
or mortgage and have immediate access to two (2) CLASS "A"
TOWING/RECOVERY VEHICLES with the following specifications:
Small wreckers with a minimum four (4) ton capacity, with a
minimum GVW rating of 10,000 pounds and equipped with a
cradle, or tow plat, or sling, and safety chains.
2. Boom capacity greater than or equal to four (4) tons.
3. Power winch with a pulling capacity of at least four (4) tons.
At least One hundred (100) feet of 3/8-inch thick (or greater) cable
with an end hook.
5. One of the required Class "A" wreckers must be a flatbed truck roll-
back or slide-back, with a minimum four (4) ton capacity, a GVW
rating of at least 10,000 pounds, with at least (4) ton winch pulling
capacity, a flat bed at least twenty (20) feet in length, and at least
1997 Tow Contract,3\18\97 8
fifty (50) feet of 3/8 inch cable.
TOW CONTRACTOR must own, lease (first-party) and be in possession,
or mortgage and haVe immediate access to at least one (1) CLASS "B"
TOWING/RECOVERY VEHICLE, which shall be a flatbed truck, rollback
or slideback, that is mounted on a 28,000 pound GVWR chassis and
equipped with a twenty (20) ton winch.
Should TOWr CON:TRACTOR desire
wrecker rotation list, TOW CON'f
one
specifications:
be placed on the Class "C"
must own, lease (first. party)
ate access to at least
_E With the following
Large wrecker with at least twenty-five (25) ton capacity, a GVW
rating of at least 25,000 pounds, a cradle or tow plat or sling, and
safety chains or wheel lift capability.
2. An extendible boom with a Capacity of at least fifteen (15) tons;
A twin power winch with a pulling capacity of at least twenty-five
(25) tons,
4. At least Two hundred (200) feet of 5/8 inch thick cable.
5. Air brakes with an auxiliary air supply.
Class "C" TOW CONTRACTORS must have the ability to tow an aerial
fire truck that is approximately 64,000 pounds GVW, and any sanitation
truck. -'
TOW CONTRACTOR shall own, .lease, or mortgage and have immediate
access to at least one (1) motorcycle trailer.
EACH AND EVERY tow truck or recovery vehicle must be outfitted with
the following supplies and equipment:
Operating clearance and marker lights, as well as any other
equipment required by Florida Statutes, or any other laws or codes
governing tow and recovery vehicles;
2. There shall be a rotor beam or strobe light, that is amber in color
and mounted on the wrecker in such a manner that it can be seen
from the front, rear and sides of the vehicle;
1997 Tow Contract,3\18\97 9
fifty (50) feet of 3/8 inch cable.
TOW CONTRACTOR must own, lease (first-party) and be in possession,
or mortgage and have immediate access to at least one (1) CLASS "B"
TOWING/RECOVERY VEHICLE, which shall be flatbed or slide-back,
that is mounted on a 23,000 pound GVWR chassis and equipped with an
eight (8) ton winch.
Should TOW CONTRACTOR desire to be placed on the Class "C"
wrecker rotation list, TOW CONTRACTOR must own, lease (first-party)
and be in possession, or mortgage and have immediate access to at least
one (1) CLASS "C" TOWING/RECOVERY VEHICLE with the following
specifications:
Large wrecker with at least twenty-five (25) ton capacity, a GVW
rating of at least 25,000 pounds, a cradle or'tow plat or sling, and
safety chains or wheel lift capability.
2. An extendible boom with a capacity of at least fifteen (15) tons;
A twin power winch with a pulling capacity of at least twenty-five
(25) tons.
4. At least Two hundred (200) feet of 5/8 inch thick cable.
5. Air brakes with an auxiliary air supply.
Class "C" TOW CONTRACTORS must have the ability to tow an aerial
fire truck that is approximately 64,000 pounds GVW, and any sanitation
truck.
TOW CONTRACTOR shall own, lease, or mortgage and have immediate
access to at least one (1) motorcycle trailer.
EACH AND EVERY tow truck or recovery vehicle must be outfitted with
the following supplies and equipment:
Operating clearance and marker lights, as well as any other
equipment required by Florida Statutes, or any other laws or codes
governing tow and recovery vehicles;
2. There shall be a rotor beam or strobe light, that is amber in color
and mounted on the wrecker in such a manner that it can be seen
from the front, rear and sides of the vehicle;
1997 Tow Contract,3\lS\97 9