R94-026RESOLUTION NO. R94-~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ESTABLISHING AN ADMINISTRATIVE PROCEDURE
FOR THE SELECTION OF MOTOR VEHICLE TOWING
CONTRACTORS ON A ROTATING BASIS;
PROVIDING AUTHORITY TO ESTABLISH RATES;
PROVIDING AUTHORITY TO ESTABLISH MINIMUM
QUALIFICATION CRITERIA FOR TOWING
CONTRACTORS; PROVIDING FOR ADMINISTRATIVE
PROCEDURES FOR REVOCATION OF A
CERTIFICATE OF QUALIFICATION; PROVIDING
FOR AMENDMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission after study and review has
determined that qualified towing contractors should be afforded
the opportunity to engage in towing activity on a rotating basis
to ensure economic benefit to more than one towing contractor;
and
WHEREAS, the City Commission following staff analysis and
review has determined a feasible rate schedule which shall
ensure a balance of economic benefit to towing contractors and
economic feasibility to the general public.
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 does hereby establish a rotating system for the
selection and use of towing contractors. Rotation shall be in
the manner provided for in Exhibit "E" attached hereto.
Section 2. The City Commission hereby establishes a
rate schedule for all towing related activities by qualified
towing contractors. The rate scheduled is attached hereto as
Exhibit "A"
Section 3. The City Commission hereby establishes
minimum qualifications for towing contractors who wish to engage
in towing under the City's rotating system. The minimum
qualifications are set forth in Exhibit "B" attached hereto.
Section 4. The City Commission directs the City
Administration to issue to qualified towing contractors a
Certificate of Qualification or letter authorizing participation
in the rotating program for a maximum term of ~ years.
Section 5. The City Commission hereby establishes an
administrative procedure for the revocation of the Certificate
of Qualification issued by the City. The procedure is set forth
in Exhibit "C" attached hereto.
Section 6. The City Commission hereby establishes
minimum standard operating procedures for towing contractors who
participate in the rotation program. The minimum standard
operating procedures are set forth in Exhibit "D" attached
hereto.
Section 7. The City Commission hereby establishes
special procedures for the towing of motor vehicles under the
City's Code Enforcement powers. The procedures for Code
Enforcement towing are set forth in Exhibit "F".
Section 8. Any amendment to the
qualifications for certification, the
procedures, or the code enforcement towing
by Resolution of the City Commission.
towing rates, the
standard operating
procedures shall be
SectiOn 9. This ReSolution and the rates,
qualifications, and procedures established hereby shall become
effeCtive immediately upon passage.
PASSED AND ADOPTED this /c~ day of February, 1994.
ATTEST:
CitZy Clerk
CITY ~ ~O~ON BEACH, FLORIDA
Mayor
Mayor
yr ~
Comm~oner
(CorPorate Seal)
Authsig.doc
Tow. Agr
2/11/94
~SOLUTZOIe NO. R~4-,,.'~
~Z CI~ OF ~ BZACH, ~RIDA,
EST~LISHI~ ~ ~INIS~TI~
FOR ~ S~I~ OF ~R VEHIC~
CO~ ~ A ~ATI~ ~IS~
P~VIDI~ A~I~ ~ EST~LISH
PROVIDING A~RI~ ~ EST~LISH
~IFICATION CRI~RIA FOR
CO~C~7 PROVIDI~ FOR ~INIS~TI~
PR~S FOR ~V~ATION OF A
CERTIFICATE OF ~IFI~TION; P~VIDING
FOR ~E~E~; ~ PROVIDING ~ EFFECTIVE
DATE.
WHEREAS, the City Co~mlsslon after study and revie~ has
determined that qualified towing contractors should be afforded
the opportunity to engage in towing activity on a rotating basis
to ensure economic benefit to more than one to~ing contractor;
and
WHEREAS, the City Commission following staff analysis and
review has determined s feasible rate schedule which shall
ensure a balance of econo, lc benefit to towing contractors and
economlc feasibility to the general public.
NOW, THEP~FORE, BE IT RESOLVED BY THE CITY COM)ilSSION OF
THE CITY OF 8OYNTON BEACH, FLORIDA, THAT:
~ectlon 1. The City Commission of the City of ~ynton
Beach, Florida does hereby establish a rotating system for the
selection end use of towing contractors. Rots:ion shali be in
the manner provided for in Exhibit "E? attached hereto.
~ection 2. The City Commission hereby establishes a
rate schedule for all towing related activities by gua~ified
Exhibit "A".
Section 3. The City Ccr~ission hereby esta~ilsnes
m~nimum qualifications for towing contractors who wish to engage
in towing under the City's rotating system. The mlnimum
qualifications ate se= forth ~n Exhib~[ "S' a%%ac~e~ ~ere=c.
Section 4. The City Com.~isslon directs the City
of Qualification issued by the City. The procedure is se: forth
in Exhibit "C" attached hereto.
Section $. The City Commission hereby establishes
mlnimumstandard operating procedures for towing contractors who
Sectzon 7, The City Co~unission hereby establishes
special procedures for the towing of ~otor ve~lcles under the
City's Code Enforcement powers. The procedures for Code
Enforcement towing are set forth ~n Exhibit "F'.
Section 8. Any amendment to the towing rates, the
qualifications for certification, the stan~ar~ opera~:ng
procedures, or the code enforcement towing procecures shall De
by Resolution of the City Com~ission.
P~SED ~ ~ED ~ll ./~ ~y of Feb~, 1994
' Co~ner
Clerk -
(Corporate Sea}.) "~
Auths£g. Ooc
Tow. A~r
CITY OF BOYNTON BEACH
TOWING SERVICES AGREEMENT
ACCIDENTS, CITY OWNED OR LEASED VEHICLES
POLICE/CRIME SCENE/CONFISCATED VEHICLES
CODE ENFORCEMENT VEHICLES
Revised 2/23/94
TABLE OF CONTENTS
Paae
A.1
A.2
A.3
B.1
B.2
B.3
B.4
B.5
B.6
B.7
C.1
C.2
C.3
C.4
C.5
C.6
D.1
D.2
D.3
D.4
D.5
D.6
D.7
D.8
D.9
D.10
D.11
D.12
D.13
D.14
D.15
D.16
D.17
D.18
D.19
D.20
D.21
Purpose
TOW RATES
Rates .....
City Owned/Leased Vehicles.
Special and Additional Charges
~F
~AwardJProcedure
Reclui~e¢
Storag~e
C~RTIFtCATE(
PROCEDURE
'eriod .....
Cancellation ..........
Complaints Against Tow Company ....
Reputability ........ · ~
Suspension
STANDARD OPERATING PROCEDURES
Commercially Manufactured Equipment
Markings ............
Site Clean-Up .....
Employees ......
Two or More Applications Received From One
Proposer Under Different Names
Response Time .......
Subcontracting .
Benefits From Repairs
Insurance Requirements
Tow Company's Liability .
Non-Liability of City For Towed Vehicles
Accessibility of Storage Facility
Protection of Vehicles and Property .
Inspection of Facilities .....
Release of Vehicles and Personal Properuy
Itemized Statement ......
Personal Properuy Loss
Destination of Towed Vehicle
Radio Communication ........
Telephone Communication .
Reporus .....
1
2
4
5
6
8
9
10
11
14
15
18
19
20
21
22
23
24
25
26
27
28
29
3O
31
32
35
36
37
38
39
40
41
42
43
44
45
46
D.22
D.23
D.24
D.25
D.26
D.27
D.28
Do29
D.30
D.31
D.32
D.33
D. 34
E.1
E.2
E.3
E.4
F.1
F.2
F.3
F.4
Inspections . .
etention of Records
48
and Right to Access Clause
.... 49
Code Enforcement Cases 50
Non-Exclusiveness of Services . . 51
Indemnification and Hold Harmless 52
Non-Discrimination . .
Posting and Providing of Charges . i ~ 53
54
Compliance With Laws and Ordinances . 55
Non-Assignability . - · · · 56
Disposal of Vehicles 57
Modification of This Agreement .... 58
Ethics and Conduct ...... 59
Estimated Quantities . 60
WRECKER ROTATION LIST PROCEDURE
Card System ........ 61
Wrecker Response ...... 62
Rotation Tracking . 63
Wrecker Companies Responsibility . 64
CODE ENFORCEMENT TOWING PROCEDURE
TOW List . 65
Rotation .
...... 66
Failure to Perform . . . . 67
City Ordinance 10-52 Proper Procedure 68
PURPOSE
The City of Boynton Beach is actively seeking qualified tow
companys to provide vehicle towinq services in accordance with the
teITAS,
Request for Qualifications(~RFQ).
The City is seeking a maximum
in thisAgreement
fi~e (5) and a mlnlmum of
three (3) qualified tow companys ,to provide Class A and~Class B
towing services. Also a max~mUm~b~ f~v~ ~!(5~) and a minimum of three
(3) qualified contractors to provide Class C Iow services. Tow
companys will be issued a certificate of qualification to provide
towing services as stated in the ~erms and conditions of this
agreement.
The City shall utilize a per incident rotation system of
operations for this agreement.
SPECIAL TERMS AND CONDITIONS
A. 1 PATES
The. rates herein have been established and approved by the City
Commission and will remain firm and fixed for the term of this
agreement. The raues charged by the tow companies to provide all
labor, tools, materials, and equipment shall not be greater than the
applicable maximum rates as provided by this agreement.
APPROVED TOWING RATES
These rates are the only rates that will be charged owners of
vehicles under this agreement.
SECTION I. TOWING
Item Description
A. Class A (cars, vans, light trucks under
10,000 GVW within City limits
B. Motorcycles within City limits
C. Towing outside City limius for cars, vans,
mouorcycles, light trucks 3/4 ton and under
D. Class B (vehicles 10,000 TO 33,000 GVW)
within City limits
E. Towing outside City limits for vehicles
10,000 TO 33,000 GVW
F. Class C(over 33,000 GVW) within City limius
G. Class C(over 33,000 GVW) outside City limits
Extra time at scene after first hour, per
1/2 hour thereafter (Applied to all vehicles,
cars, vans, trucks under and over 3/4 ton, for
waiting and extra street clean-up. Not to be
charged ~n con]unction with vehicle recovery
Section III)
$ 75. per call
$ 75. per call
$ 2. per towed
mile from City
limits
$125. per call
$ 4. per ~cwed
mile from City
limits
$150. per call
$ 6. per towed
mile from City
limits
$ 30. per half
hour
Miscellaneous other charges
4x4/off-road recovery
$ 75. 1st hour
$ 30. per half
hour
after
hour
scene
Tarp fez ~ 35. pe~ call
Lowboy service $120. per hour
Outside City limits $ 5~ p~ mile
fr~m C~ty limits
Underwater recovery salvage divers for first
hour or part thereof $125.
any ~rac~ion ,$ 31. p~= 1/4
hour
SECTION II - STORAGE AND LIEN NOTICE
B.
C.
D.
E.
Cars, vans, trucks under 3/4 ton
storage
Trucks over 3/4 ton
Outside s~orage
Inside storage
Motorcycles
Outside
Inside
Boat/trailer 21' length and under
Out~ide
Inside
Bo~t/,trailer over 21' length
20. per day
25. per day
30. per day i~
35. per day~i
$ i0. per day
$ 12. per day
17. per day
22. per day
30. per day
F. Lien Notice After 24 hours
vehicle'
$ 30. per
*Note: Per Fla. Statute, no storage fee charged for less than 6
hours ~hicle storage.
SECTION III RECOVERY
(To be charged when vehicle is overturned, stuck in sand, mud or ~n
the wa~er, requiring more than a single hook-up. Not to be charged
in conj~mction with Section I - extra time)
A. Class A and B wrecker per hour on scene $60. per hour
B. Extra man (each) on scene $35. per hour
SECTION IV - ROAD SERVICE
Per call for service such as assisted start, unlock door, deliver
gas, tire changes, etc. Applies to all vehicles, cars, vans, and
trucks under and over 3/4 uon. $30. per call
Gate Fee $25.
A, 2 CITY OWNED/LEASED VEHICLE RATES
1. Ail City owned or leased vehicles towed under 3/4 ton Class "A"
wrecker will be towed at 50% of Class "A" rate.
2. All City owned or leased vehicles under 3/4 ton requirin~ road
service as stated in Section IV of this contract will receive
such services at 50% of road service rate.
3. All Vehicles towed by the Boynton Beach Police DeDar~ment as a
crime scene vehicle, confiscated vehicle, forfeiture cases, etc.
will be towed for 50% of the contract rate and will also be
stored for 50% of the contract storage rate.
4. All City owned or leased vehicles towed under class "B" or "C"
will be towed at 50% of apDropriate class "B" or "C" ra~e.
A, 3 SPECIAL AND ADDITIQNAL CHARGES
1. ~
The cost for waiting time shall not be assessed by the
contractor until sixty (60) minutes after arrival at.the scene.
2. Labor Char-e:
The cost for labor under any c~rcumstances and when
applicable shall not be assessed by the contractor until sixty (60)
minutes~after~ arrival au the scene~ Labor charge ~must be clearly
shown on 5he tow receipt with a written explanationof the, labor
charge.
3. When Labor CharGe Prohibited:
The cos~ for labor shall not be assessed by the contractor
under any circumstances
vehicle parts/debris.
4. Service Call:
The contractor agrees
that apply ~o the clean up and removal of
that the mere response to a service
on the assessment
~ow company shall
hls~her designee.
of a disputed special and additional charge and
abide by the decision of the City Manager or
call scene wiuhout other action does nou constitute a service for
which charges are applicable.
5, Documentation of Special and Additional Charces:
Contractor will documen~ in detail on the tow recelp~ the
reason for waiting time charge and the work performed for
assessed labor charge. The contrac=or agrees thau the special and
additional charges may be disputed by City officials and/or the
vehicle owner or represenuauive. The contractor further agrees that
the City Manager or his designee will make the final determinatlon
B. 1 AWAR~
CQN$IDERATION FOR AWARD/AWARD PROCEDURES
A. The certificate of qualification shall be granted to the
best responsible applicants meeting the specifications set
forth below an sections A through C which serve the best
inheres5 of the City based on the followlng criteria:
1. Ability of the applicant to provide the
required services with regard to extent and
condition of equipment and facilities,
record keeping procedures, competency of
staff, financial support, and exceptions
taken co con~ract terms, conditions and
specifications.
2. Experience, qualifications, training and
pas% performance of the proposing tow
company owners ~nd officer, and persons who
will be directly involved in managing the
service on a daily basis.
3. Substantiated complaints received by the
City or Palm Beach County Consumer Affairs
concernin~ misconduct on the part of the
Contractor such as excessive charges, poor
business practices, damage to vehicles, and
extensive history litigation, will weigh
against the proposer.
Evaluation of applications will be conducted by a
committee comprised of City staff, who will evaluate
all responsive applications received from applicants
who meet or exceed the contract specifications based
upon the information and reference contained in the
applications as submitted and an inspection of the
proposer's facilities, equipment, record keepin~
procedures and staff. The committee will make its
recommendations to the City Manager in the form of a
list of all proposers. The'City Manager shall in turn
make his recommendation to the City Commission.
The City Commission reserves the right, based upon
its deliberations and in its opinion, to award the
certificate of qualifications.
A. To be eligible to
Do
respond to this RFQ, the Contractor must be
regularly engaged full time in the towing business in Palm
Beach County and the City of Boynton Beach, can produce
evidence to prove prior successful experience in providing
similar services during the past two (2) years, one year of
which must have been within Palm Beach County, Florida.
Have satisfactory financial support, required equipment and
organization sufficient to ensure that they can satisfactorily
execute the services, if granted a contract, under the terms
and conditions staked herein.
In the event of a Court challenge arising out of the failure
of the City to select an applicant, da~nages, if any, shall be
limited to actual preparation costs incurred by the
challenging party.
The term "equlpment" and "organization" as used here!n shall
be construed to mean a fully equipped and well established
company as determined, approved, or ratified by the City
Commission.
Must have office and storage facility in City of Boynton Beach
at the time proposal is submitted. Contractor agrees that it
will, at its sole cost and expense, if selected, fulfill and
comply with all laws, ordinances, regulations and requirements
of the City of Boynton Beach, County of Palm Beach, State of
Florida, and the United States of America, and any and all
governmental agencies having jurisdiction over providing
services of the nature contemplated herein.
E?~ REOUIREMENTS OF APPLICATION
Ail applications must be submitted as specified on the application
9ages. Any attachments must be clearly identified. To be
considered, the application must respond to all parts of the RFQ.
Any other infomation thought to be relevant, but not applicable to
the enumerated categories, should be provided as an appendix to the
proposal. If publications are supplied by an applican% to respond
to a requirement, the response should include reference to the
document number and page number. This will provide a quick
reference for the evaluators. Applications not providing this
reference will be considered to have no reference material included
in the additional documents.
ALL SUBMITTED MATERIAL BY PROPOSERS MUST BE TYPED. NO HANDWRITTEN
MATERIAL ACCEPTED. ANY HANDWRITTEN APPLICATIONS RECEIVED WILL BE
AUTOMATICALLY DISQUALIFIED AND NOT CONSIDERED.
Bo
4
SPECIFICATIONS
The tow company shall maintain and have available at all times
for inspection by authorized city personnel, detailed records
of all services rendered relative to subject agreement.
The tow company shall furnish towing service for the r~oval
of vehicles within the City of Boynton Beach and will have
adequate storage space for said vehicles within the City when
required and whenever such services as dispatched or required
by the City's Police Department, or other City authorized
representative in the case of city-owned or leased vehicles.
Such services shall be available on a 24 hour basis. The City
shall be given preference only on emergency calls for service
by the Police Department.
The contractor, at an accident scene, shall r~ove from the
street all broken glass and other debris ~n the area of the
accident.
The City shall have the right to cancel a reques~ for tow
company service until the time that a wrecker is hooked ~n~o
vehicle.
o
Company with agre~nent to provide Class "B" service must keep
one Class "B" wrecker in the City limits 24 hours a day, 7
days a week.
10
B.5
A.
B.
D.
E.
2.
Co
WRECKERS SPECIFICATIONS
Class A Towing/Recovery vehicle specifications
Quantity: 2
Small wreckers, of minimum of 4 ton capacity, with GVW rating
of 10,000 lbs. minimum, cradle, or ~ow plat, or sling, and
safety chains
Boom capacity of minimum 4 tons
Power winch, pulIing capacity m~nimum 4 tons
Cable of 100 ft. minimum and 3/8 inch thick with end hook
1 Flatbed truck roll back or slide back, minimum capacity 4
tons, with GVW of 10,000 lbs. minimum, minimum 4 ton winch
capacity, a~ least (16) sixteen foot bed, a minimLun of 50 feet
of 3/8 inch cable
Class B Towing/Recovery vehicle specifications
Quantity: 1
Large wrecker,
safety chains
minimum.
wheel lift, or sling or cradle, or tow, and
10 ton capacity, with 15,000 lbs., GVW
Boom capacity of minlmum 8 tons, twin booms or single
hydraulic
Power winch pulling capacity mlnimum 8 tons
Cable of 100 ft minimum and 1/2 inch thick with end hook
Class C Towing/Recovery vehicle specifications
Q~a~tity: 1
Large wrecker, of minimum 25 uon capacity, with GVW rating of
25,Q00 lbs. minimum, cradle or tow plat or sling, and safety
chains, or wheel lif% capability
i1
C.
D.
E.
F.
ao
D.
E.
F.
G.
H.
J.
K.
L.
M.
Boom capacity, extendab%~, 15 tons or more
Power twin winch, pulling capacity 25 tons minimum
Cable of 200 ft minimum and 5/8 inch thick
Air brakes with auxiliary air supply
Towing company must have ability to tow aerial fire truck that
is approximately 64,000 lbs. GVW and any sanitation truck.
One (1) set of heavy duty truck dollies
Motorcycle Trailer
Each tow truck must to be outfitted with the following
supplies and equipment:
Tow urucks shall be properly equipped with clearance and
marker lights and all other equ~pmenu as required by Florida
Statutes
There shall be a rotor beam or strobe type light, amber in
color, mounted on the wrecker ~n such a manner that it can be
seen from the front, rear and both sides.
One (i) heavy duty push broom
Flood light on the hoist
One (1) flat nose shovel
One (1) axe
One (1) crow bar
Minimum Of one (1) 5 lb.
inspection tag.
One (1) pair of
One (1) set of
One (1)
One (1)
One (1)
CO2 fire extinguisher with a current
Must be an approved type.
bolt cutlers
lumper cables
four way lug wrench
high intenslty flash light
set of red highway reflecuors
12
No
o
Five thirty m~nu~e flares
Tow company must have in operational condition the two
required Class A wreckers at the time of award of the
certificate of qualification.
The tow company will be required to have available at all
times sufficient equipment to perform all services
a timely and resDonslble basis.
(2)
required on
13
B~.6 REOUIRED STANDARDS
1. Contractor shall comply with all laws, rules and regulations
of any governmental agency having jurisdiction in the premises
including but not limited to, licensing and minimum safety
requirement s.
2. The Company shall be a holder of a general towing and wrecker
service license.
3. The wreckers shall conuain a telephone or radio communications
system to enable continuous direct contact between the driver
and the office of the wrecker company.
The wreckers shall be motor vehicles specifically designed,
constructed, and equipped for the towing of vehicles and
shall, au all t~mes, be properly maintained and kept in a
mechanically safe condition.
5. Each wrecker shall be manned by a driver who must meet the
following qualifications:
a. Possesses a valid State of Florida required commercial drivers
license.
b. Have a detailed knowledge of the layout of the City streets.
c. Shall have the physical qualifications necessary to perform
the normal tasks required of a tow truck driver.
d. The Company will ensure that each driver operates each wrecker
in a safe and proper manner in accordance with operating
manuals and Florida State Statutes. Upon receipt of a
complaint from the Police Department on driver's unsafe or
improper operation, documented corrective actions will be
required from the Company.
14
8.7 STORAGE FACILITIES
The contractor shall maintain a storage facility for all impounded
vehicles. There shall be an outside enclosed area and an inside
storage area. Facilities shall be located within the city limits.
Contractor's storage facilities and office space cannot be relocated
without written consent from the City.
1. Office Facilities
It shall be the duty of the tow company to maintain office
facilities:
A.To include telephone and restroom facilities and work space
such as desk, phone, etc.
B.Physical plant to have name and mailing address clearly
painted or a sign on the front of the building.
C.Must be accessible to City officials 24 hours per day, 7
days per week. Answer phone services are not permitted.
D.There musu be 24 hour radio communication which is manned
J si - :t ra.
A.To be kept and maintained uo include: the removal of junk
tires and auto parts, the trimmang of all shrubbery, trees
and lawns (fence line and grounds), adequate drainage to
prevent standing water after rainstorms.
B.Must be protected by an enclosed solid wall or a
substantial wire fence not less than six (6) feet in
height. The top of such fence or wall, including all gates or
doors or roofed open areas shall be equipped with not less
than 12" of barbed wire installation in such a manner as to ....
discourage access over the uop of such fence or wall. Ail
fences and walls shall be maintained in good repair throughout
15
4
the term of this
agreement. Damage to such walls or fences shall be repaired
within 24 hours.
C.Area must have minimum twenty-five (25) vehicle storage
capacity. This storage will be predominatety for accident
tows. designated "HOLD", confiscated, and evidence vehicles.
A secondary storage area which may be located within a ten
(10) mile radius of the City may be utilized for Code
Enforcement related tows.
Inside Stora~e
A.Paved floor, i.e.,
concrete or asphalt, free of dirt
standing water and vegetation.
B. Working area of 9' x 20' per vehicle with at least an 8'
ceiling.
C. Electrical lighting source sufficient to permit process-
lng of vehicle.
D. One outside window or ventilation system.
E. Contain a minimum of one (1) inside storage space.
Crime Scene, Confiscated, Special "HOLD" Stora=e
A.Any vehicle towed and stored as a result of the marked
"HOLD" relative to a crime scene investigation shall be
handled with gloves, i.e. cloth, rubber or leather, by the
wrecker operator.
B.Crime Scene vehicles shall
contamination or degradable
be stored to prevent physical
evidence from deteriorating
preferably by inside storage,
type covers, or their equivalent.
C. If laboratory work on a crime scene vehicle
16
if not available with tarpaulin
is required,
and the vehicle must be processed at the City of Boynton
Beach Police Headquarters, the crime scene vehicle shall
be transported to the City designated location.
D. Vehicles which have been marked "HOLD" by the Police
Department shall be stored at ~uch compound for whatever
period of time necessary zn order to properly process the
vehicle and any investigation involved.
E.Confiscated vehicles or vehicles znvotved in litigation
shall be protected from the elements, preferable inside
storage,as to maintain the conditions of the vehicle when
towed.
F.Police Department personnel of the City shall be permit-
ted access to all such vehicles at all times.
17
~.1 pERFORMANCE PROBATION PERIOD
1. A contractor awarded a certificate of qualification will be
subject to a three (3) month probationary period. During this time
the contractor's performance will be closely scrutinized by City
staff. If the contractor's performance fails to meet the standards
specified within the agreement, the City ~ommission may by written
notice setting forth the contractor's failure, revoke the
certificate. If performance ms acceptable, then the con~racuor wilt
be so notified by City Commission.
2. If the City Commission revokes the certificate within the
three (3) month probation period, a certificate may be awarded to
another eligible company as determined by the City Commission.
18
~.2 FORMAL REPRIMAND
The City Manager with aDgroval by the City Commission may issue a
written reprimand to the %ow company for any ac% of omission or
commission which, in its sole discretion, is deemed to be a
violation of this agreemen%. A written reprimand shall be grounds
for %ermination of the Certificate of qualification.
19
CANCELLATION
In .the event that any of the criteria for qualification
established by Resolution R94-26 are violated by a
Certificate Holder, the City of Boynton Beach may serve
written notice upon Certificate Holder of the
cancellation of the Certificates. However, liability of
the Certificate Holder and the surety for any and all
violations prior to the date. of cancellation shall not
be affected by cancellation.
2O
~,4 COMPLAINTS AGAINST TOW COMPANY
Tow company agrees that any complaints received by the City
concerning the performance of company's duties under any contract
awarded will be referred to the City Manager of the City of Boynton
Beach. The failure of contractor to fOlIow any reasonable
instruction of the City Manager following the referra,t of such
complaint to the City Manager will be considered a material breach
of any certificate of qualification granted and cause for the
termination ~here~f.
21
C.5
Lack Of reputability shall be cause for revokation of a
certificate of qualification and shall include, but not
be limited to:
1. Misstatements concerning the conviction of any officer,
employee or agent convicted of any felony when the
person's civil rights have not been restored.
2. Retaining an officer, employee or agent convicted of any
felony when the person's civil rights have not been
restored.
3. Retaining an officer, employee or agent convicted of any
felony or first degree misdemeanor directly related to the
bus~ness of operation of a wrecker, when the person's
civil rights have not been restored. For the purpose of
this contract, any offense involving perjury or false
statement or theft shall be considered to be directly
related to the business of operation of a wrecker.
4. Retaining any officer, employee or agent convicted of uhe
offense of driving under the influence of alcohol or any
con%rolled substance or chemical substance to the extent
that normal faculties are impaired or driving with an
unlawful blood alcohol level, or of any criminal traffic
offense.
22
Should at any time during the term of this agreement including any
option terms, the tow company be in violation of any of the terms
and conditions of this agreement, the City Commission shall have the
right tO suspend the compan~ unti} the violation is resolved to the
satisfaction of the City Commission. If the violation is not
promptly resolved or is of such serious nature that the City
Commission dete~nes th~ suspension is not adpquate, the City
the right ~9 t~rminate for cause.
Should at any time during the term of this agreement, including any
option terms, the company or its p~incipals become the subject of a
criminal investigation, the City Commission shall have the right to
suspend the company until the outcome of any pending investigation
including trial should one result. Upon determination of the
criminal investigation which does not result in charges, the City au
its sole discretion may cancel the certificate of qualification or
re-instate the certificate of qualification. If criminal charges
are filed at the conclusion of the trial or upon a plea bargain by
the Company, the City at its sole discretion may cancel the
certificate of qualification or re-instate.
23
D,1 COMMERCIALLY MANUFACTURED EOUIPMENT
1. Each tow truck and all equipment owned by the tow company
shall be commercially manufactured and shall conform to the
requirements set forth herein, or approved by the City of
Boynton Beach or designee before being accepted.
an good mechanical
~o inspection
Each ~ow truck and all equipment must be
condition at all times·
Each tow truck and all equipment will be subject
au all times during the term of the agreement.
No vehicle of the tow company shall be used as an emergency
vehicle· (example: flashing lights only when necessary).
24
The tow company agrees to have no markings on vehicles, buildings or
correspondence that indicates or tends to indicate any official
relationship between the company and the City of Boynuon Beach.
25
D.~ SITE CLEAN-UP
The tow company will, at no cost to the city, public, or the owner
of the vehicle or trailer, promptly clean all debris off the public
street, sidewalks, parks, and property of the city and remove the
same to a proper place from the scene of any such accident for
disposal if the said accident scene is to be, is being, or has been
serviced by the tow company, or the agents, or employees of the
contractor. However, the owner of the vehicle or trailer may be
charged according to rate schedules included in this agreement for
clean-up of hazardous wastes, chemicals, construction debris and
spilled loads.
26
The tow company agrees to maintain and upon request provide the
following information to the Boynuon Beach Police Department on all
officers, employees, agents, and servants and be responsible for
keeping the information accurat~ and current.
Name, address]' date of birth, d~ivers Iicense number, social
security number, and photograph. The contractor agrees that the
owners of the company or the officers of the company, if a
corporation, shall be responsible,-except as Otherwise prohibited by
law, for the acts Of their employees while on duty.
27
D.5 TWO OR MORE APPLICATIONS RECEIVED FROM QNE PROPOSER UNDER
D FF IRE -~-~ : .
If more than one application is submitted by any one proposer,
in the name of
is determined
substantially
his or their clerk, partner, or other persons,
that such applicant is under single, identical,
the same ownership, all such applications will
rejected or if not revealed until during the agreement ~erm,
action shall constitute grounds for revokation of
of qualifacation.
and
or
be
such
the certificate
by or
it
28
D.6 RESPONSE TIME
The tow 'company' is to at the request of the Boynton Beach Police
Department or other city official requesting tow truck service at
any time of the day or night with the appropriate equipment and
arrive a~ the scene within the following time limit:
Class A 30 minutes
Class B 30 minutes
Class C 45-60 minutes
The company assumes all liability ~n meeting the required class
response ~ime including, but not limited to, and all ,damages
resulting from traffic accidents and motor vehicle infraction fines.
in the event of an over time limit response by the company, the
requesting city department will document the over time limit __
response and forward to the agreement administrator. The following:
penalties shall apply to the company(s) for failure to respond
within the stated class response time frame during each year of the
agreemen%:
A. Third Offense:
B. Fourth Offense:
Fifth Offense:
D. Any further offense:
A certified letter of warning
One (1) month suspension
~o (2) month suspension
Three (3) month suspension or
at the city's option
termination
If the tow company can show extenuating circumstances beyond
company's control, an appeal of the suspension or fine can be made
to the City Commission in writing through the City Manager.
29
D.7 SUBCONTRACTING
If the tow company does not own the Class B and/or C wrecker, tow
company may secure same from a subcontractor. If the tow company
does not own the required inside and/or outside storage space, tow
company may secure same from a subcontractor. In the event the tow
company makes any assignments to subcontractors, the assignment
shall be subject to the subcontractors acceptance of the terms and
conditions set forth in this agreement specification. The tow
company shall provide in his/her application under these agreement
specifications a copy of any such assignment. Any documents
required to be submitted by the tow company under this agreement
specification shall be submitted on the subcontractor. If there is
an assignment and the subcontractor fails to perform in accordance
with the agreemenu specifications the contractor shall perform as
provided herein, provided however, nothing herein is intended to
create any equal relationship between the City and subcontractor.
30
D.8 BENEFITS FROM REPAIRS ....
1. In the event the tow company granted a certificate of
qualification operates an automobile repair and/or automobile paint
and body repair business the contractor shall provide written
notification to a vehicle owner or .representatiVe of a vehicle owner
of a vehicle towed under the provisions of this agreement that there
is no obligation to have any automobile repairs and/or automobile
paint and body work done by the agreement.
2. Tow Company shall notify~the city in writing in a form
acceptable to the City, of any and all repairs done on vehicles by
the company towed under the provisions of this agreement. The
written no obligation of repairs by company notification shall be
included.
31
D.9
1.
INSURANCE REOUIREMENTS
The company's policy will have the City of Boynton Beach as
an additional mnsured as to liability.
The company shall have in effect at all times insurance with
limits as specifically set forth in this section· A copy
of such znsurance policy or certificate thereof will be
furnished to the city (Purchasing Division) by the
contractor immediately after the approval of any resulting
contract by the City Commission.
The company shall supply the city with a certificate of
Insurance for the coverages and limits as shown on Attachment
A. In addition, a thirty (30) day cancellation clause in
favor of the City shall be included in the policy and
certificate.
Note: A COpy of current insurance certificate must be
attached ~o application submitted.
32
Tow company, at its own expense, shall keep in force and at all
times maintain during the term of this agreement:
A. Comprehensive General Liability: Shall have minimum limits of
Three Hundred Thousand Dollars ($300,000.00) per occurrence
combined Single Limit for Bodily Injury Liability and Property
Damage Liability.
B. Automobile Liability Insurance: Automobile Liability coverage
shall be in the minimum amount of Three-Hundred Thousand Dollars
($300,000.00) per person/per occurrence and~p~ropertY damage coverage
of Fifty-Thousand Dollars ($50,000.) per Occurrence.
C. Garage Keeper's Liability: The company will at all times
during the term of this Agreement keep in full force and effect a
policy of
"garage keeper's legal liability" insurance ~n the minimum
amount of Fifty-Thousand dollars
any and all vehicles or trailers,
pursuant to this Agreement, from
($50,000.) to protect the owners of
towed or stored by the company,
loss, or damage 5o such vehicle or
trailer on account of such removal or storage:
The Company shall provide the City with Certi~2cate(s; of Insurance
on all the policies of insurance and renewals thereof in form(s)
acceptable to the City. Said policies shall provide that the City
be an additionally insured and be notified in writing of any
cancellation of said policy or policies at least thirty (30) days
prior to the effective date of said cancellation.
All insurance policies shall be issued by responsible companies who
are acceptable to the City and licensed and authorized to do
business under the laws of the State of Florida.
The Contractor awarded the certificate of qualificau~on shall show
proof of all insurance policies as required above prior to the 33
issuance of the certificate. The company shall not commence
operations pursuant to the terms of this agreement until
certification or proof of Insurance, detailing terms and provisions
of coverage, has been received and approved by the City of Boynton
Beach.
D. Workers Compensation Insurance: company agrees to maintain,
company's expense, state required worker's compensation insurance
fully protect both company and City from any and all claims for
injury or death arising from the performance of this contract.
EO
34
D.10 TOW COMPANY'S LIABILITY
1.
o
The company shall be liable for any towed vehicle and property
contained therein. The company, or its employee,
represex~tative, or agent shall inventory all personal property
contained in the vehicle to be towed.
Such inventory shall be made in triplicate and shall be signed
by the persons composing it. One copy shall be g~ven to the
owner or the person in possession of the vehicle, or securely
at%ached to the,vehicle, and one copy shall be given to the
Police Department of ~he City.
35
D.11 NON-LIABILITY OF CITY FOR TOWED VEHICLES
The city shall not be resDonsible or liable in any manner whatso-
ever for either the collection or payment of any charges for service
rendered, including towing and storage.
36
D.12 ACCESSIBILITY OF STORAGE FACILITIES
1. Ail storage a'reas Bhall~be'aCcessible 24 hours per day
sev'en days a week, and authorized ~Dersonnel of tow comDany
shall be available during such time to assure that the
obligations and services required of the comDany Shall be
available and fulfilled. All facilities will be subject to
City apDroval.
37
D.13
PROTECTION OF VEHICLES AND PROPERTY
Vehicles stored in enclosed areas shall be stored under lock
and key.
The tow company shall protect all stored vehicles and any
evidence or personal property contained therein from theft and
damage in accordance with all reasonable police department
Instructions and directives.
The tow company agrees to replace any such article(s) upon
verification of the loss by the designated investigative
agency representing the City of Boynton Beach or Palm Beach
County as Der Florida Statutes.
38
D.14
1.
o
o
INSPECTION OF FACILITIES
Storage facilities shall be subject to inspection and shall
be approved by the city prior to award of any certificate of
qualification.
Storage facilities shall be subject to periodic inspections
during the term Of the agreement when deemed necessary by the
City Manager's office or
Notice of any
shall be subm
.es or deficiencies found by the city
tow company in writing, and
contractor shall remedy the same with&n ten' {10)days
receipt of such notice.
Upon failure of the company
company may be suspended or
of
to remedy deficiencies, the
terminated at the option of the
City.
39
D.15
1.
RELEASES OF VEHICLES AND PERSONAL PROPERTY
TOW Company agrees to release any vehicle which has not been
marked "HOLD".
All person who shall apply for the release of a vehicle from
company shall present proper proof of ownership or right to
possession.
Vehicles towed after normal
their owners the next day,
business hours will be released to
~ncluding Sundays and legal
holidays provided all documentation has been properly filed.
With the release of any personal property by the company,
the owner or person entitled to possession thereof, shall
receipt company for same.
Any vehicle which has been marked "HOLD" by the Police
Deparumen~ cannot be released without prior written authority
from the Police Deparument.
Any vehicle declared junk, abandoned or nuisance may be
released only by an authority of the City Police Department.
40
D.16 ITEMIZED STATEMENT
1. with the release of an impounded vehicle, the tow company
shall provide to the owner or person lawfully entitled to
possession itemized sta~emen~ of all charges related to the
impounding of such vehicle.
41
D.17 PERSONAL PROPERTY LOSS:
1. The City shall not be responsible
vehicles or any personal property
for any 10ss or damage to
in the vehicle towed and for
all vehicle accessories, regardless of the cause of such
damage or loss and contractor shall hold the City harmless in
this regard. Personal property situated in vehicles stored by
the company shall not be disposed to defray any charges for
storage or towing of the vehicles.
The tow company will be held accountable for all personal
property and vehicle accessories inventoried at time of tow
together with the vehicle stored within the storage facilities
of the tow company as well as when disposing of junk,
abandoned or nuisance vehicles and shall make restitution %~
the owner for all losses for such properties occurring by
theft, fire, or other damage.
42
D.18
1.
DESTINATION OF TOWED VEHICLE
TOW ComDany shall not move any vehicle to any location
(sDecified at time of tow) other than that designated by a
City Dolice officer or other authorized City reDresentat~ve,
or owner or person in Dossession of vehicle.
Ail City owned or leased vehicles located within Palm Beach
County will be towed as requested to City Droperty.
43
D.19
1.
RADIO COMMUNICATIQN
Ail towing vehicles must be equipped with two way
communication phone or radio. A citizens band radio does not
meet this requirement.
The range shall extend to a~ least the Boyn~on Beach City
limits.
Such radios shall not be tuned
The base station for the above
to any police frequency.
equipment should be strong
enough to provide coverage city wide.
Federal Communication Commission guidelinss will prevail.
The tow company is required, at all times to have the
communication system manned by competent employees.
44
D.20 TELEPHONE COMMUNICATION
The contractor shall provide a 24 hour telephone nua%ber answered by
an ~ndividual employed by the company utilized for emergency calls
for service so the company can receive instructions and to provide
timely and efficient service 24 hours per day.
45
Tow Company shall provide
weekly reports of vehicles
Department written reports
to the Police Department of the City
towed at the request of the Police
to contain the following
information:
a. Name of owner or driver
b. Make of vehicle and type
c. License
d. Vehicle identification number
e. Time, date, and location of tow
f. Circumstances of tow
g. Indicate if a "HOLD" was placed on vehicle by the Police
Department
h. Time dispatched to a scene and time of arrival·
Along with the last weekly report of each month, company shall
supply the Police department a com9lete and detailed listing
of all vehicles which have been impounded or stored for
periods of thirty (30) days or longer. And any other
available information which the Police Department may require.
Any vehicle that is not claimed within 30 days of the towing
of such vehicle shall be reported
Department.
Services related to City-owned or
· n writing to the Police
leased vehicles shall be
logged and forwarded by the contractor, monthly to the City
Public Works Director.
All such logs submitted by contractor with regard to City-
ow~.ed or leased equipment shall identify the vehicle towed,
the location from which it was towed and the hours and dates
46
7 o
applicable
to contractor's services with regard to such City
the
the City
owned or leased vehicles.
The "Service Ticket" shall include the signature of
authorized City employee who approved the towing of
vehicle.
The tow company shall maintain at its place of business
records which will contain:
its
the Police Department
a. A vehicle storage receipu of each vehicle on
premises.
b. A log of all calls for service by
on a monthly basis.
c. A notification log indicating date, time and method of ~-~
notification to the registered owner of a stored vehicle.
d. A continuing log kept daily on all vehicles towed.
47
1.
INSPECTIONS
The tow company shall maintain and have available at all times
for inspection by authorized City personnel detailed records
of all services rendered relative to subject contract.
The tow company shall also make available for inspection by
authorized City personnel the compounds and storage
facilities.
Records maintained by the company relative to services
provided under this contract will be separate from any other
records maintained in order to facilitate inspection and audit
by authorized City personnel·
D.23 -'~
RETENTION OF RECORDS AND RIGHT TQ ACCESS CLAUSE
TOW company shall preserve and make avaiI~l~:~lI financial
records supporting documents pertinent to this contract for a
period of three (3) years after termination of this contract;
or if an audit has been iniiiated and audit findings have not
been resolved ag the end of these three (3)
shall be retained until resol6tion of audit
years, the records
findings.
49
D.24
1.
CODE ENFORCEMENT CASES
When properly notified vehicles will be towed from public
property including right-of-ways and the contractor will have
the option to destroy the vehicle or keep it for sale,
pursuant to procedure ~n Florida Statute, 713.78 and 715.05.
When properly notified vehicles will be towed from private
property with the requirement that the vehicle be stored for
up to 35 days and then ~he contractor has the option to
destroy or sell the vehicle, pursuant to procedure in Florida
Statute 713.78.
5O
D.25
1.
o
NON-EXCLUSIVENESS OF SERVICES
The owner or person in possession of any vehicle which has
been involved in an accident or whose vehicle has been
incapacitated in any other manner shall be given the
opportunity of contacting a wrecker or tow truck company of
his/her own choice if the disabled vehicle does not create a
hazardous condition and a reasonable response time can De
expected. Said person shall further be g~ven the opportunity
ofhaving sUch"~ehi~i~ towed~to a garage or compound other
than thau of the contract.
The City of Boyn~on Beach will not be liable for any charges
for movzng, towing, storage, etc., nor liable for any charges
for damage, loss or moving of any vehicle.
All vehicles towed under request by the Police Department
shall be governed under this section.
51
Q,2~ INDEMNIFICATION AND HOLD HARMLES~
Tow company shall defend, indemnify and save the City of Boynton
Beach harmless from and against any and all claims, suits, actions,
damages or causes of action whatsoever arisang during the term of
any contract awarded, caused by any act or omission of contractor,
relating to bodily injury, loss of life or damage to property,
sustained as a result of the performance of company's duties, and
from all costs, attorney's fees, expenses and liabilities causes of
action, investigations thereof, or defenses of the same, or any
proceedings brought thereon; and from and against any orders,
judgements or decrees which may be entered therein. Tow company
shall further specifically defend the City of Boynton Beach in any
action brought against city as a result of the items se% forth in
this paragraph.
52
D,27 NON-DISCRIMINATION:
Contractor agrees that in the performance of any provisions of this
agreement not to discriminate or permit discrimination in the hiring
practices of contractor or in the performance of the tow company on
the basis of race, sex, religion, political affiliation or national
orlgln.
D,28
1.
POSTING AND PROVIDING QF ~HARGES
TOW company shall prominently post in company's storage
facilities and towing vehicles a list of the charges herein
approved by the City Commission. A list of such charges shall
be posted in each of the company's tow vehicles as uo be
easily noticed. A list of such charges shall also be printed
and such charges shall be provided to the owner or person
lawfully in possession of each vehicle towed.
Tow company shall no~ charge for any service that exceeds such
posted or listed amount, nor shall company perform any service
that is not delineated on any such posted or listed schedule
without giving the owner of the vehicle or the person lawfully
in possession thereof a written estimaue of the amount ~hat
will be finally due and payable upon the rendition of the
services.
54
D.29 COMPLIANCE WITH LAWS
This Agreement shall be governed by all federal, United States,
Florida, and local laws, regulations, ordinances, or other standards
as amended from time to time and as set by any other regulatory
agency, including, but not limited to, any and all municiDal
regulations or any other regulations which may govern the CITY as a
municipality of the State of Florida.
55
D.30 NON-ASSIGNABILITY
Any certificate of qualifaction granted shall be non-assignable;
non-salable and non-transferable.
56
~ 31. DISPOSAL OF VEHICLES
Should company, as a result of this agreement, have in his
possession any vehicle or personal property for a period in excess
of ninety (90) days, and should contractor be ordered to relinquish
such vehicle or personal property to the City of Boynton Beach
Pclice Department, company agrees to Immediately do so with no extra
charges to the City other than specified in this agreement.
57
D,$2 MODIFICATION OF THIS AGREEMENT
NO waiver or modification of this Agreement or any covenant,
condition, or limitation, contained in this Agreement shall be valid
unless in writing and duly executed by the party to be charged. No
evidence of any waiver or modification shall be offered or received
in evidence in any proceeding, arbitration, or litigation between
the parties arising out of or affecting this Agreemen~ or the r~ghts
and obligations of the parties unless such waiver or modification Ks
in writing and duly executed.
The parties hereto do acknowledge and agree that time Ks of
the essence relative to the performance of any term, condition, or
covenant herein.
In the event any litigation or other action shall arise from
this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees and all costs and expenses, including attorney's
fees and all costs and expenses for any court Droceeding rela%~ve Go
the disposition of any issues arising under this Agreement.
58
D.33 ETHICS AND CONDUCT
The company agrees to conduct operations under this agreement in a
courteous, orderly, ethical and business like manner. As this
contract is very sensitive in nature and requires the company and
company's personnel to deal with the public on a daily basis,
companys are required to extend common courteously such as
A. Expedite release of the vehicle in accordance with the' terms
of this agreement.
B. Assist the vehicle owner in retrieving docUments from the
vehicle to establish ownership.
C. Allow the owner to remove the auto tag and any unattached
personal possessions.
D. Explain fully and politely the reason for the tow and all
charges levied.
E. If a dispute occurs, company shall attempt to resolve the
dispute promptly and politely. If it cannot be resolved
satisfactorily, the dispute shall be reported to the City
Manager's office no later than the next business day.
59
D.34 ~STIMATED OUANTITIES
Based upon reports provided by a prior company, this
volume is approximately 1499 vehicle tows per year.
of the vehicle tows were City vehicles.
agreement
Forty nine
(49)
60
WRECKER RQTATtON LIST PROCED~I~
Establish a procedure for wrecker call out on a per incident basis
(except Code Enforcemenu) . An index card system will be utilized
and maintained by
E.1 A_RD ]Y:TEM
the Communications~Division.
Index cards will be utilized with
Class "A" wrecker companys
Class "B" and "C" wrecker companys
three card
Code Enforcement wrecker companys
(A/~L companies ~ to participate)
Wrecker companies qualified for Classes "A" and
"C" will be filed in botk systems.
Companies will be filed in alphabetical order.
file system:
"B" and/or
A company will be called in rotation order from the
file on a per incldent basis,
An exception will be made in case a Class "B" or "C"
needed and then the call will be split according
au the scene.
needs
card
is
the
61
E.2
WRECKER RESPONSE
a. If a company is unable
to respond to a call for service the
company will be moved to the end of the list.
The date, time, and reason given for the non-response will
be noted in the log book.
The City official on scene who requested the wrecker is the
authority for determining a wrecker remaining on top of the
rotation list in the event of cancellation or other
circumstances where a wrecker is not used.
The date, time, and reason g~ven for the cancellation or
circumstance will be noted in the log book.
c. Unable to contact, excessive response time to hazardous
scene, etc. the next rotation wrecker will be called and
charged on the rotation list.
d. Logs will be reconciled daily on the midnight shift and any
problem, s brought ~o the attentlon of the dispatch
supervisor who will forward same to the Police Department.
Tow Agreemen~ Monitor]
6¸2
E.3 ROTATION TRACKING
a.
Co
A manual log will be used to track all vehicle tows to
include rotation wreckers.
The log will contain the following information
date/time/wrecker company/location/vehicle
description/reason/officer/dispatch/case ~/remarks/computer
check.
Owner requests for a specific company will not be charged
against ro~ation.
The "owner request" will be logged as such.
If an owner request cannot be honored, (e~g.unable to
contact, excessive response time to hazardous scene, etc.]
a rotation wrecker will be called and charged on the
rouation list.
63
~.4 WRECKER COMPANIES ARE RESPONSIBLE FOR KNOWING THEIR POSITIQN QN
THE ROTATION LIST
a. Communications will no~ ~ive this information over the
teleDhone.
b. The rotation list is Dublic record and is available for
inspection, by aDDoinsmen~, durin~ regular business hours.
64
TOW PROCEDURE
PURPOSE
Standard operating procedure to be utilized for removal
deemed to be abandoned/wrecked as described in Article III,
10-52 of our Code of Ordinances.
PROCEDURE
F.! TOW LIST
a. Tow lists will be picked up at the front desk
Department on the 1st, 10th and 20th day of
b. Ail tow lists must be returned to the front
than midnight of the last day of the month.
c. Results of the status of each vehicle will be noted on the
list, (ie: towed, gone-on-arrival, or complied-currently
licensed).
d. Any vehicles not verified as to their status will
automatically be rolled over to the next month's tow list.
e. Each tow company represented in the rotation system mus~
supply a contact person and phone number
is responsible for the tow list, located
division of the Police Department. This
as it enables
the field.
of vehicles
Section
of the Police
each month.
desk no later
to the clerk who
in the records
is very important,
Immediate remedies for problems that arise in
65
a. Wrecker companies will rotate Code Enforcement tows on a
thirty (30) day basis.
b. Wrecker company is required to notify Code Enforcement Unit
(clerk responsible for the tow list) ten (10) days in
advance if unable to perform Code Enforcement tows.
c. If unable to perform, company will be moved to end of list.
66
FAILURE TO PERFORM
a. Failure to perform Code Enforcement tows more than two (2)
months within a twelve (12) month period can result in
suspension from AL~ tow lists for a period of time approved
by the City Commission.
b. Continued failure to perform Code Enforcement tows after
suspension can result in revokation of certificate of
qualification for period of t~me approved by the City
Commission.
67
CITY ORDINANCE PROCEDURES
Original Date: 11/13/89
Revised Date:
F.4 PROPER PROCEDURE FOR CITY ORDINANCES SECTION 10-57
The following outlines the proper procedure for the enforcement of
Section 10-52 of the C~y of Boynton Beach Code of Ordinances.
1. Notice of violation ~$ written, entered into computer by
address and referenced by PCN and the information goes to the
Police Department for verification. When the information is
verified at notice of violation is mailed to the property
owner/tenan~ and the vehicle owner, including Section 10-52 an
iss entirety, and a sticker is placed on the vehicle. The
sticker and the notice of violation shall s~a~s that all
appeals mus~ be in writing to the City Manager's Office.
2. If no appeal has been requested, the vehicle ~s reinspected in
ten days, and if still in violation, the vehicle is placed cna
tow list for
3. If appeal is requested and the Appeal Board determines tha~ ~he
conditions which exist on the property constitute a public
nuisance, the owner or owners (7) days to correct or remove the
conditions from the date of the hearing.
4. When the vehicle is towed, a certified letter will be mailed
(return receipt requested) to the owner within 15 days of
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removal. A certified letter will be mailed to all other Dersons,
lien holders, etc., with record interest in said motor vehicle.
Vehicles may be reclaimed by the owner from the tow comDany within
20 days after date of notice.
5. If the City if unable to
other ~nterested parties,
publication.
6. CoDies of all
of Florida.
notification has
date of
advise
identify the owner, lien holder, or
the City shall advertise notice by
certified notices will be forwarded to DMV, State
assumes right to vehicle after proDer
been made and 20 days has elapsed since
notice by certified letter. The City will
of this date.
the
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