R18-176 1 RESOLUTION NO. R 18-176
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AND
5 AUTHORIZING THE CITY MANAGER TO SIGN THE
6 SECOND AMENDMENT TO AGREEMENT FOR
7 VEHICLE TOWING ROTATION PROGRAM FOR THE
8 ONE YEAR PERIOD DECEMBER 15, 2018 TO
9 DECEMBER 14, 2019 AND AN ANNUAL FRANCHISE
10 FEE OF $12,000; AND PROVIDING AN EFFECTIVE
11 DATE.
12
13 WHEREAS, the current Franchise Agreement was for a three (3) year period that ends
14 on December 14, 2018. and has the option for two (2), one (1) year renewals; and
15 WHEREAS, although the current agreement was awarded to two (2) vendors, staff is
16 recommending renewing the contract with only one vendor for the renewal year of December 15,
17 2018 thru December 14, 2019; and
18 WHEREAS, it is staffs intent to issue a new RFP for towing franchise during the
19 spring/summer of 2019 to take effect at the end of this renewal period December 15, 2019; and
20 WHEREAS, the current agreement with Beck's provided for an annual franchise fee of
21 $101,123, which the vendor has indicated that over the 3 year period their costs have increased
22 and they have seen a reduction in calls and therefore, based on this they have offered to renew
23 for a year but at a much lower annual franchise fee; and
24 WHEREAS, the City Commission of the City of Boynton Beach, upon the
25 recommendation of staff, deems it in the best interest of the citizens and residents of the City
26 of Boynton Beach to approve and authorize the City Manager to sign a Second Amendment
27 to the Towing Franchise Agreement with Beck's Towing & Recovery for the period of
28 December 15, 2018 to December 14, 2019 for an annual franchise fee of$12,000.
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
32 being true and correct and are hereby made a specific part of this Resolution upon adoption.
33 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
34 approves and authorizes the City Manager to sign a Second Amendment to the Towing
35 Franchise Agreement with Beck's Towing & Recovery for the period of December 15, 2018
36 to December 14, 2019 for an annual franchise fee of $12,000, a copy of the Second
37 Amendment is attached hereto as Exhibit "A".
38 Section 3. That this Resolution shall become effective immediately.
39 PASSED AND ADOPTED this 4th day of December, 2018.
40 CITY OF BOYNTON BEACH, FLORIDA
41
42 YES NO
43
44 Mayor— Steven B. Grant V
45
46 Vice Mayor—Christina L. Romelus V
47
48 Commissioner—Mack McCray tr
49
50 Commissioner—Justin Katz
51
52 Commissioner—Aimee Kelley
53
54 VOTE 5-0
55 ATTEST:
56
57 1 -7
58 Lula.,'" n' . )5%
59 Jud' A. Pyle, CMC
60 City Clerk
61
62
63 (Corporate Seal)
64
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SECOND AMENDMENT TO THE TOWING FRANCHISE AGREEMENT
[ THIS SECOND AMENDMENT,dated the W day of Dic,- er,,2O 18,between:
CITY OF BOYNTON BEACH, a municipal corporation, P.O. Box 310, Boynton
Beach, Florida 33425,hereinafter referred to as "CITY";
and
BECK'S TOWING & RECOVERY, INC., a company authorized to do business
in the State of Florida, with its principal place of business at 410 N.E. Fifth Avenue,
Boynton Beach, FL 33435, hereinafter referred to as "CONTRACTOR."
WITNESSETH:
WHEREAS,on December 15, 2015, the CITY and CONTRACTOR entered into a Towing
Franchise Agreement ("Agreement") whereby CONTRACTOR was engaged to provide vehicle
towing and storage services for the CITY; and
WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's
Request For Proposals From Towing Contractors,RFP No.: 064-2110-15/JMA(the RFP); and
WHEREAS, on July 1, 2016, Chapter 2016-179, Laws of Florida, amended the Florida
Contraband Forfeiture Act requiring the forfeiting agency to be responsible for the storage and
maintenance of seized vehicles held for forfeiture proceedings the CITY and CONTRACTOR
signed the First Amendment; and
WHEREAS, the CITY and the CONTRACTOR desire to amend the Agreement in
accordance with the terms set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and other good
and valuable consideration, the Parties hereto agree as follows:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and
correct, and incorporated herein.
SECTION 2. Section 4.1.1 of Article 4, entitled "Term and Termination," shall be
amended to state the following:
4.1.1 This is a three year (3) year term contract commencing on December 15,
2015 and ending on December 14, 2018. The CITY and CONTRACTOR wishes to renew
the agreement for a one (1) year period commencing on December 15, 2018 and ending on
December 14,2019.
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SECTION 3. Add section 3.1.4 and 3.1.4 of Article 3 entitled "Compensation and Method
of Payment"shall be read as follows:
[
3.1.4 The CONTRACTOR shall pay the CITY the sum of $12,000 annually,
payable in monthly installments for the renewal period of December 15, 2018 thru
December 14, 2019, the first monthly payment due on or before December 15,
2018 and thereafter on the 15th of each month ending on November 15,2019.
3.1.5 The CONTRACTOR is in arrears in their payments due to the CITY for FY
17/18 and has acknowledged that it has no defense to the CITY's claim for payment.
The CONTRACTOR agrees to pay the outstanding arrearage of the FY 17/18
franchise fee in the amount of$25,280.75 on or before March 8, 2019. In the event
of non-payment by that date the CITY may, at its sole option, terminate this
franchise agreement without waiving the CITY'S recourse to recover any then
outstanding payments due the CITY including the remaining portion of the
s
arrearage.
SECTION 4. The Parties agree that in all other respects the Agreement shall remain in full
force and effect, except as specifically modified by this Second Amendment.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
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8 ; 1
IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year
first written above.
CITY OF BOYNTON BEACH
ATTEST:
t ' u'f
- BY ........21:
City! erk Lori LaVerriere,City er ,/ ,
O
APPRO D AS O FORM ,
if
James A.Cherot, a'ttorney
S
WITNESS: CO ' _CTOR
BY: 1 i'f f 1100),,e),—
Vlf ,...1„, , ,, TIT
: - s Towing&Recovery,Inc.
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments,
personally appeared6-lemon.? SCK as VIC e i cehrrof Beck's Towing &
Recovery, Inc., a Florid cdrporation, and acknowledged execution of the foregoing Agreement as
the proper official of for the use and purposes mentioned in it and affixed the
official seal of the corporation,and at the instrument is the act and deed of that corporation.
IN WITNESS OF THE FOREGOIN,GI--, I ave set my hand and official seal at in the
State and County aforesaid on this day of j 018.
NOTARY PUBLIC
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