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R05-040 I 1 RESOLUTION NO. R 05- 040 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING THE AWARD OF AN RFQ (NO. 007- 6 2110-05/CJD) TO VARIOUS QUALIFIED TOW 7 COMPANIES; AUTHORIZING THE CITY MANAGER 8 AND CITY ATTORNEY TO EXECUTE THE TOWING 9 SERVICES AGREEMENT 2005 AND ISSUE THE 10 CERFICATE OF QUALIFICATION TO APPROVED 11 TOW COMPANIES; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, on December 2, 2004, Procurement Services received and opened 15 eight (8) proposals for the RFQ "Two Year Contract for Vehicle Towing Rotation 16 Program"; and 17 WHEREAS, an evaluation of proposals was conducted in City Hall on December 18 21, 2004, as a public meeting; and it was determined that six (6) companies met the criteria 19 based upon the specific requirements of the contract. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ..,< THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ,-I 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 23 as being true and correct and are hereby made a specific part of this Resolution upon 24 adoption. 25 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 26 approves the award of a bid to various qualified tow companies; authorizing the City 27 Manager and City Attorney to execute an Agreement for Vehicle Towing Rotation Program 28 2005 with each of the six (6) tow companies, and issue the Certificate of Qualification to 29 approved tow companies. S:\CA\RESO\Agreements\Bid Awards\Award of RFQ - Tow Companies 200S.doc ¡ II I 1 Section 3. That this Resolution shall become effective immediately. 2 PASSED AND ADOPTED THIS ~ day of March, 2005. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 7 8 9 10 11 12 13 14 15 . L "-.- 16 ;:::::t:~ 17 18 ATTEST: 19 Commissioner 20 21 22 23 24 25 S:\CA\RESOlAgreements\Bid Awards\Award of RFQ - Tow Companies 200S.doc The following identical contract was signed by the following tow contractors: BECK'S TOWING BLAKES' TOWING & TRANSPORT EASTERN AUTO BODY & GLASS EMERALD TOWING SERVICE JORDAN WRECKER SERVICE SCOTI'S TOWING & TRANSPORT, INC. ZUCCALA'S WRECKER SERVICE THE ORIGINAL CONTRACTS CAN BE FOUND IN THE CITY CLERK'S OFFICE CENTRAL FILE. COPIES OF THE FIRST PAGE & SIGNATURE PAGES OF ALL OF THE CONTRACTS ARE CONTAINED HEREIN. P-.05 -oLlö AGREEMENT FOR VEHICLE TOWING ROTATION PROGRAM The date of this Agreement is the date the last party signs the Agreement as shown on the signature pages and is between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and BLAKES TOWING & TRANSPORT 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: SPECIAL TERMS AND CONDITIONS 1.0 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. 1.1 APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY CITY These rates are the only rates that will be charged vehicle owners under this Agreement: A. TOWING BY ITEM DESCRIPTION (1) Class A (cars, vans, light trucks $135.00 per call under 10,001 GVW) within City limits; (2) Motorcycles within the City limits; $135.00 per call (3) Towing outside the City limits for an additional cars, vans, motorcycles, and light $6.00 per towed trucks 3/4 and less charged only mile for miles starting where city limit is exited to the final destination. No charge applied within city limits. CA-l (4) Class B (vehicles 10,001 to 24,000 $200.00 per call GVW) within the City limits; (5) Towing outside the City limits an additional for Class B vehicles only for miles $7.00 per towed starting where city limit is exited mile to the final destination. (6) Class C vehicles (24,001 to 53,999 $250.00 per call (City vehicle GVW) within City limits; $300.00 all others (7) Class C vehicles outside City an additional limits only for miles starting $8.00 per towed where city limit is exited to the mile final destination. (8) Additional time at the scene $40.00 per after first hour, per 1/2 hour half 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 l.2(C). (9) Miscellaneous other charges 4 X 4/off-road vehicle recovery $120.00 for the first half hour, and $30.00 per quarter hour thereafter Tarp fee $35.00 per call Lowboy service $175.00 per hour Outside the City limits only for miles an additional $6.00 per starting where city limit is exited towed mile from City limits to the final destination. No charge applied within city limits. Underwater recovery salvage $100.00 per hour port to port CA-2 (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. (11 ) The foregoing rates shall be adjusted March 1, 2006, based on the reported increase in the consumer price index for the southeastern region of the United States, comparing the index increase from January 2005 to January 2006. B. STORAGE AND LIEN NOTICE (1) Cars, vans, trucks vessels/trailers less than 25' Outside storage $25.00 per day Inside storage $35.00 per day (2) Vehicles and vessels/trailers over 25' Outside storage $35.00 per day Inside storage $50.00 per day (3) Motorcycles Outside storage $15.00 per day Inside storage $20.00 per day (4) Lien Notice (after 24 hours of storage) $50.00 per vehicle $75.00 max. 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. CA-3 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 $120.00 per hour and scene; $30.00 per each quarter hour after the first hour. (2) Extra man (each) on the scene $60.00 per hour D. ROAD SERVICE For all trucks, cars, vans and other vehicles under and over 3/4 ton, a road service fee of $60.00 per call may be charged to the vehicle owner for services such as assisted start, unlocking a door, delivering gas, tire changes, etc. 1.2 APPROVED TOWING RATES - CITY OWNED OR CITY LEASED VEHICLES A. All CITY owned or CITY leased vehicles Class "A" and "B" will be towed at fifty (50%) percent of the standard charge(s) as set forth above. B. All CITY owned or CITY leased vehicles Class "A" and "B" requiring road service as indicated in Section 1.11 of this Agreement will receive such services at fifty (50%) percent of the standard charge(s) as set forth above. C. All 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 and stored at rotation fees. D. All CITY owned or CITY leased vehicles towed under Class "C" or Class "D" will be towed at $250.00 (plus $5.00 per mile for tows more than 10 miles from Public Works Compound). E. All vehicles towed at the request of Code Compliance, 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 forth in Section 1.1 of this Agreement. F. City shall be assessed fifty (50%) percent of waiting time charges. G. Companies that cannot or do not respond to City tows will lose their next rotation slot for a retail tow. Documentation will be maintained by City Communications CA4 1.3 SPECIAL AND ADDITIONAL CHARGES A. WAITING TIME. The cost for waiting time shall not be assessed by TOW' CONTRACTOR until forty-five (45) minutes after arrival at the scene. B. LABOR CHARGES. The cost for labor under any circumstances and when applicable shall not be assessed by TOW CONTRACTOR until thirty (30) 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. C. 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. If there is no mechanical connection, there is no loss of the TOW CONTRACTOR'S spot on the rotation list. D. GATE FEE. A gate fee of $35.00 will be charged by TOW CONTRACTOR when an impounded vehicle/vessel is recovered by owner/authorized agent or when owner/agent wishes to recover property from an impounded vehicle/vessel after hours, on weekends or holidays. No gate fee will be charged to retrieve a vehicle/vessel or personal property Monday through Friday from 8:00 a.m to 6:00 p.m. (except holidays). 2.0 ELIGIBILITY. A. To be eligible to respond to this RFQ, TOW CONTRACTOR shall be regularly engaged in the towing business on a full-time basis in Palm Beach County 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). B. TOW CONTRACTOR shall 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. C. 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. D. 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. E. TOW CONTRACTOR shall have and maintain an office and storage facility within the City limits at all times during the term of this agreement. The storage facility shall be in full compliance with the terms of this Agreement, and shall be CA-5 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 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. F. TOW CONTRACTOR must maintain at all times, any licenses or permits required by the State of Florida, Palm Beach County and the City of Boynton Beach in order to conduct business as a wrecker or tow service. Proof of said license shall be submitted prior to the approval of this Agreement. G. TOW CONTRACTOR shall be licensed to do business in the City of Boynton Beach pursuant to Chapter 13 of the Boynton Beach Code of Ordinances. H. At all times during the term of this Agreement, TOW CONTRACTOR, its subsidiaries, agents, employees or representatives shall only appear on the rotation list once. Under no circumstances shall a Tow Contractor who has a business, financial or legal relationship with another Tow Contractor be permitted to have more than one place on the rotation list. 2.1 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 RFQ. Any other information 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 applicant to respond to a requirement, the response should include a reference to the document number and page number. This will provide a quick reference for the evaluators 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 LEGIBLE. IF PROPOSAL IS NOT LEGIBLE. IT WILL NOT BE ACCEPTED. ANY ILLEGIBLE APPLICATIONS THAT ARE RECEIVED WILL BE AUTOMATICALLY DISQUALIFIED AND WILL NOT BE CONSIDERED. CA-6 2.2 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 service for the removal of vehicles within the City of Boynton Beach when required and when dispatched or required by the City of 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. C. 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. D. At an accident scene, TOW CONTRACTOR shall remove from the street and surrounding area all broken glass and other debris resulting from the accident. E. 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. However, if the tow is cancelled, the tow company will retain their position in the rotation. 2.3 SPECIFICATIONS FOR WRECKERS. A. TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to two (2) CLASS "A" TOWINGIRECOVERY VEHICLES meeting the specifications set forth in Palm Beach County code. B. TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS "B" TOWINGIRECOVERY VEHICLE, meeting the specifications set forth in Palm Beach County code. C. 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" TOWINGIRECOVERY VEHICLE meeting the specifications set forth in Palm Beach county code. D. Class "C" and/or "D" TOW CONTRACTORS must have the ability to tow an aerial fire truck that is approximately 64,000 pounds GVW, any sanitation truck, and a Track Excavator that is approximately 30 tons. CA-7 E. TOW CONTRACTOR shall own, lease, or mortgage and have immediate access to at least one (1) motorcycle trailer. F. EACH AND EVERY tow truck or recovery vehicle must be outfitted with the following supplies and equipment: 1. 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; 3. One (1) heavy-duty push broom; 4. A flood light on the hoist; 5. One (1) flat-nose shovel; 6. One (1) ax; 7. One (I) crowbar; 8. At least one (1), five (5) pound Carbon dioxide fire extinguisher with a current inspection tag. The fire extinguisher must be an approved type; 9. One (1) pair of bolt cutters; 10. One (1) set of jumper cables; 11. One (1) four-wait lug wrench; 12. One (1) high-intensity flashlight; 13. One (1) set of red highway reflectors; 14. Five (5) thirty minute flares; 15. Each wrecker and tow vehicle shall contain a telephone or radio communications system to enable continuous direct contact between the driver and the office of TOW CONTRACTOR; and 16. Each vehicle shall be specifically designed, constructed and equipped for the towing of vehicles, and shall at all times, be properly maintained in a mechanically safe condition. CA-8 G. To be awarded and to maintain a certificate of qualification, a Class "A"/"B" TOW CONTRACTOR shall have in operational condition at the time the certificate of qualification is awarded and for the duration of this agreement at least two (2) Class "A" wreckers, and one (1) Class "B" wrecker. H. TOW CONTRACTOR shall have available at all times, sufficient equipment to perform all services required herein on a timely and responsible basis. TOW CONTRACTOR shall notify CITY in the event any of the required equipment, as set forth in this Agreement, is inoperable, sold, levied upon, repossessed or attached. 3.0 STANDARDS OF CONDUCT FOR TOW CONTRACTORS. A. TOW 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 requirements. B. TOW CONTRACTOR shall be the holder of a general towing and wrecker service license issued by Palm Beach County and shall be the holder or any licenses required by Florida law and the City of Boynton Beach. C. Each wrecker shall be manned by a driver who must meet the following qualifications: 1. Possesses a valid State of Florida required Commercial Drivers License (CDL); 2. Possess knowledge of the layout of streets and roadways within the City of Boynton Beach; and 3. Be physically qualified to perform the normal and everyday tasks required of a tow truck operator. D. TOW CONTRACTOR shall ensure that each driver operates the company's equipment in a safe and proper manner in accordance with operating manuals and Florida Statutes. Upon receipt of a complaint from the City of Boynton Beach Police Department on a driver's unsafe, unlawful or improper operation, documented corrective action must be taken by TOW CONTRACTOR. 4.0 FACILITIES. TOW CONTRACTOR shall maintain a storage facility for all impounded vehicles. There shall be an outside, enclosed area and an inside storage area. All facilities shall be located within the City limits and be owned or leased by TOW CONTRACTOR. TOW CONTRACTOR's storage facilities cannot be relocated without written consent from CITY. Should TOW CONTRACTOR relocate without obtaining said consent, the relocation shall constitute a breach of this Tow Agreement. CA-9 1. OFFICE FACILITIES. It shall be the duty of TOW CONTRACTOR to maintain office facilities: a. to include telephone and restroom facilities, and a work area containing, for example, a desk, phone, facsimile machine, computer, etc.; b. with a physical plant having the name of the company and the mailing address and 24-hour phone number clearly painted; c. that are accessible to CITY officials at anytime, 24 hours a day, 7 days a week; and d. that maintains a radio communication system at all times, 24 hours per day, 7 days a week. TOW CONTRACTOR shall not utilize any phone answering services(s), as said services are strictly prohibited under the terms of this Agreement, and use of such services shall constitute a breach thereof. 2. OUTSIDE STORAGE a. Outside storage shall be kept and maintained to provide for the removal of junk, tires, and auto parts; the regular trimming of all shrubbery, bushes, trees and grass areas (along fence line and on property); and adequate drainage to prevent standing water. b. Outside storage areas 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 a fence or wall, including all gates, doors, or roofed open areas shall be equipped with not less than twelve (12) inches of barbed wire installed in such a manner as to discourage access over the top of such a fence or wall. All fences and walls shall be maintained in good repair throughout the term of this Agreement. Any damage to such walls or fences shall be repaired within twenty-four (24) hours of its occurrence. c. The area must have a vehicle storage capacity of at least twenty-five (25) vehicles. This storage will predominantly be utilized for accident tows, designated "HOLD," confiscated, and evidence vehicles. A secondary storage area may be located within a ten (10) mile radius of the City of Boynton Beach, and may be utilized for Code Compliance-related tows. 3. INSIDE STORAGE. TOW CONTRACTOR shall be capable of storing up to three (3) vehicles in inside storage, and shall maintain at least one (1) inside storage space that shall meet the following specifications: a. a working area of 9' X 20' per vehicle with at least an eight (8') foot high ceiling; CAW b. a paved floor (i.e. concrete, asphalt) that is free from dirt, standing water and vegetation; c. an electrical lighting source sufficient to permit processing of a vehicle; and d. one (1) outside window or a ventilation system. 4. CRIME SCENE, CONFISCATED, SPECIAL "HOLD" STORAGE a. Any vehicle towed or 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 be stored to prevent physical contamination or degradable evidence from deteriorating, and by inside storage. If inside storage is not available, CONTRACTOR shall surrender the tow and fee to the next Contractor in rotation. This shall not prevent CITY from removing the vehicle or trailer and storing it at a City-owned or controlled facility or at another Tow Contractor's storage compound. c. If laboratory work on a crime scene vehicle 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 such compound for whatever period of time necessary, in order to properly process the vehicle and conduct any investigation necessary. Vehicles towed by the Police Department such as Impounds for Investigative/Evidence purposes; the City is responsible for payment of storage at City rates. The Owner shall NOT be chare:ed for any storae:e fees. e. Confiscated vehicles or vehicles involved in litigation shall be protected from the elements, preferably at an inside storage facility, as to maintain the vehicle in its condition at the time of towing. This shall not prevent CITY from removing the vehicle and storing the vehicle at a City owned or controlled facility or at another Tow Contractor's facility. f. City of Boynton Beach Police Department personnel shall be permitted access to all such vehicles at all times. 5.0 PERFORMANCE PROBATION PERIOD. A. 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 evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the standards set forth in this Agreement, the City Commission may, upon the recommendation of City staff, by written notice setting forth the default under the CAll Agreement terms, revoke the Certificate of Qualification. If performance is acceptable at the end of the probationary period described herein, TOW CONTRACTOR will be so notified by the City. B. Should the City Commission revoke a Certificate of Qualification within the three (3) month probationary period, another Certificate of Qualification may be awarded to an eligible company as determined by the City Commission. 5.1 ROLE OF CITY MANAGER AS TO PENAL TIES. The City Manager for CITY shall have the power to formally reprimand TOW CONTRACTOR, suspend the Certificate of Qualification, suspend activities of TOW CONTRACTOR under the terms of this Agreement, recommend to the City Commission revocation of the Certificate of Qualification, and recommend to the City Commission that this Agreement with TOW CONTRACTOR be terminated. 5.1.1 FORMAL REPRIMAND. Upon review of materials provided to himlher by City staff, the City Manager may issue a written reprimand to TOW CONTRACTOR for any act or omission, which in his/her sole discretion, is deemed to be a violation of this Agreement. A written reprimand for an act or omission in violation of the terms of this Agreement shall be grounds for recommending termination of the Certificate of Qualification should the City Manager deem such action to be appropriate under the circumstances. 5.1.2 REVOCATION. In the event any criteria for qualifications established by this Agreement are violated by a Certificate Holder (TOW CONTRACTOR), CITY may serve written notice upon Certificate Holder of the recommended revocation of the Certificate of Qualification and/or termination of the Agreement. However, any and all liabilities of TOW CONTRACTOR and the surety for acts, omissions, or violations occurring prior to the date 'of cancellation shall not be affected, waived or otherwise as a result of the cancellation. In the event City Manager for CITY recommends revocation of the Certificate of Qualification and/or termination of the Agreement with TOW CONTRACTOR, such a recommendation shall be considered by the City Commission for CITY. 5.1.3 COMPLAINTS AGAINST TOW CONTRACTOR. TOW CONTRACTOR hereby agrees that any complaints received by CITY concerning the performance of TOW CONTRACTOR'S duties under this Agreement and otherwise shall be referred to the City Manager of the City of Boynton Beach. The failure of TOW CONTRACTOR to follow any subsequent reasonable instruction of the City Manager regarding any complaint will be considered a material breach of this Agreement and the awarded Certificate of Qualification, and shall be cause for termination thereof. 5.1.4 REPUT ABILITY. Lack of reputability shall be cause for revocation of a Certificate of Qualification and shall include, but not be limited to the following: CA12 A. Misstatements concerning the conviction of any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; B. Retaining any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; C. Retaining any officer, employee or agent convicted of any felony or first degree misdemeanor directly related to the business and/or operation of a wrecker, when that person's civil rights have not been restored. For the purpose of this Agreement, any offense involving perjury, false statement or theft shall be considered to be directly related to the business operation of a wrecker. D. Retaining any officer, employee or agent convicted of the offense of driving under the influence of alcohol or any other controlled substance to the extent that normal faculties are impaired; of the offense of driving a vehicle and having an unlawful blood alcohol level; or of any other criminal traffic offense. 5.1.5 SUSPENSION Should at any time during the term of this Agreement, including during any option terms, the tow company be in violation of any of the terms and conditions of this Agreement, the City Manager or his or her designated agent shall have the right to suspend the company until the violation is resolved to the satisfaction of City staff. If the violation is not promptly resolved or is of such a serious nature that the City Manager determines that suspension is inadequate, the City Manager reserves the right to recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR for cause. Should at any time during the term of this Agreement, including during any option terms, TOW CONTRACTOR or its principals become the subject of a criminal investigation, the City Manager shall have the right to suspend TOW CONTRACTOR's Certificate of Qualification pending the outcome of any criminal investigation and trial, should one result. Upon the conclusion of a criminal investigation that does not result in criminal charges against TOW CONTRACTOR or its principals, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR, or the City Manager may lift the suspensIOn, thereby reinstating the Certificate of Qualification to TOW CONTRACTOR. If an adjudication of guilt is entered against TOW CONTRACTOR at the conclusion of a trial or via plea bargaining with the State, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR or City Manager may reinstate. 6.0 COMMERCIALLY MANUFACTURED EQUIPMENT. A. Each tow truck, recovery vehicle and all equipment owned, leased, or mortgaged by TOW CONTRACTOR shall be commercially manufactured and shall conform to the requirements set forth herein or be approved by CITY or its designee. B. Each tow truck, recovery vehicle, and all equipment utilized by TOW CAB CONTRACTOR shall be maintained in good mechanical condition at all times. C. Each tow truck, recovery vehicle, and all equipment is subject to inspection by CITY or its designee at all times during the term of this Agreement. D. No vehicle of TOW CONTRACTOR shall be used as an emergency vehicle, except when the circumstances justify the use of the vehicle in that manner. (i.e. flashing lights are to be used only when necessary). 6.1 MARKINGS. TOW CONTRACTOR agrees to have no markings on vehicles, buildings, or correspondence that indicates or tends to indicate any official relationship between TOW CONTRACTOR and the City of Boynton Beach. 7.0 SITE CLEAN-UP. TOW CONTRACTOR shall, at no cost to CITY, the public or the owner of the towed vehicle or trailer, promptly remove all debris from the public street, sidewalks, parks, and property of CITY; and shall remove the same to a proper place for disposal if the accident scene is, will or has been served by TOW CONTRACTOR, its agents or employees. The owner of the vehicle or trailer towed may be charged pursuant to the rate schedules set forth in this Agreement for the clean-up of hazardous wastes, chemicals, construction debris and spilled loads. 8.0 EMPLOYEES. TOW CONTRACTOR agrees to maintain, and upon request, provide to the City of Boynton Beach Police Department the following information on all officers, employees, agents, and servants, and to be responsible for keeping the information accurate and current: name, address, date of birth, driver's license number, social security number, and photograph. TOW CONTRACTOR agrees that the owner(s) of the company or the officers of the company, if a corporation, shall be personally responsible for the acts of their employees, while said employees are on-duty. TOW CONTRACTOR further acknowledges and agrees to notify its employees that CITY may run drivers license histories on any driver at any time with or without cause. 9.0 TWO OR MORE APPLICATIONS UNDER DIFFERENT NAMES RECEIVED FROM ONE PROPOSER. If more than one application is submitted by anyone proposer, by or in the name of his or their clerk, partner, or other persons, and it is determined by CITY staff that such applicant is under single, identical, or substantially the same ownership, all such applications will be rejected. If the above described dual ownership is not revealed until the contract term has begun, said action shall constitute grounds for revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR. 10.0 RESPONSE TIME. A. TOW CONTRACTOR shall, at the request of the CITY Police Department or other CITY official requesting tow truck service at any time of the day or night, arrive at the scene with the appropriate equipment within the following time limit CAl4 depending upon the vehicle class requested: CLASS A 30 minutes from request CLASS B 30 minutes from request CLASS C 45 minutes from request B. TOW CONTRACTOR assumes all liability in meeting the required class response time, including but not limited to, any and all damages resulting from traffic accidents and motor vehicle infraction fines occurring after the response time limit has expired. C. In the event TOW CONTRACTOR fails to respond in a timely manner, the department of CITY requesting the service shall document the untimeliness, and forward said writing to the Agreement Administrator. D. The following penalties shall apply should any TOW CONTRACTOR fail to respond within the class response time set forth in Section 3.1 (A) of this Agreement or skip any tow directed by the City of Boynton Beach. Within a 12 month period Penalty 1. 1st offense Certified letter of warning 2. 2nd offense One (1) month suspension 3. 3rd offense and greater Termination of Agreement with CITY and revocation of certificate of qualification E. TOW CONTRACTOR may appeal a suspension of two (2) months or more to the City Commission, and if TOW CONTRACTOR can show by substantial and competent evidence that extenuating circumstances beyond TOW CONTRACTOR's control caused the failure to timely respond, the suspension may be lifted by the City Commission. F. All appeals must be made in writing to the City Manager within thirty (30) days of the action, and shall fully set forth the basis for the appeal. Suspensions shall not be stayed during any pending appeals. G. City Manager recommendation for termination of this agreement and revocation of the certificate of qualification under this section requires consideration and action by the City Commission. 11.0 SUBCONTRACTING. TOW CONTRACTOR shall not subcontract its services to secure additional wreckers or storage space required under this Agreement. TOW CONTRACTOR must own, lease, or mortgage the vehicles, equipment and storage space required under this Agreement. Evidence of ownership of all vehicles is required. All registrations of vehicles are due at the time of submitting this RFQ. CAl5 12.0 BENEFITS FROM REPAIRS. A. In the event TOW CONTRACTOR holding a certificate of qualification operates an automobile repair and/or automobile paint and body repair business, TOW CONTRACTOR shall provide written notification to the owner or representative of the owner of the vehicle towed under the provisions of this Agreement, that there is no obligation to have any automobile, vehicle or trailer repairs and/or automobile, vehicle or trail er paint and body work done by TOW CONTRACTOR. B. TOW CONTRACTOR shall notify CITY in writing of any and all repairs completed on vehicles, automobiles, trucks, and trailers by TOW CONTRACTOR towing a vehicle under the provisions of this Agreement. The written notification to vehicle owner that there is no obligation to have TOW CONTRACTOR undertake any repairs to the vehicle shall be included. 13.0 INSURANCE REQUIREMENTS. A. TOW CONTRACTOR'S liability insurance policies shall name the CITY as an additional insured. B. During the term of this Agreement, TOW CONTRACTOR shall have in effect insurance with those limits specified in this Section. Copies of said insurance policy or certificate of insurance must be furnished to CITY's Purchasing Department and Risk Management Department immediately after approval of Agreement by the City Commission. CITY may request proof of insurance or the name and phone number of insurer at any time during the term of the Agreement, and TOW CONTRACTOR must respond with said proof of insurance within five (5) days of the request. Failure to provide the proof of insurance required in this section or the name and phone number of insurer as requested shall result in automatic suspension of the certificate of qualification and may be grounds for termination of this Agreement with TOW CONTRACTOR. C. TOW CONTRACTOR shall supply CITY with a Certificate of Insurance for the coverages and limits as shown in this Section. A thirty (30) day cancellation clause in favor of CITY shall be included in the Policy and the Certificate. D. TOW CONTRACTOR, at its own cost and expense, shall keep in force at all times, and shall maintain the following during the terms of this Agreement: 1. Comprehensive General Liability Insurance with minimum limits of coverage of One Million ($1,000,000.00) Dollars per incident Combined Single Limit for Bodily Injury Liability and Property Damage Liability. 2. Automobile Liability Insurance coverage in the minimum amount of Three Hundred Thousand ($300,000.00) Dollars per person/per incident and property damage coverage of One Hundred Thousand ($100,000.00) Dollars per incident. 3. Garage Keeper's Legal Liability Insurance coverage in the minimum CAl6 amount of Seventy-five Thousand ($75,000.00) Dollars to protect owners of any and all vehicles and trailers towed or stored by TOW CONTRACTOR pursuant to this Agreement, from any loss or damage to such vehicle or trailer on account of such removal or storage. E. TOW CONTRACTOR shall provide CITY with Certificate(s) of Insurance on all policies of insurance and renewals thereof in a form acceptable to CITY. Each policy shall provide that CITY as an additional insured, and that the CITY shall be notified by the insurer in writing of any cancellation at least thirty (30) days prior to the effective date of cancellation. F. Each and every insurance policy must be issued by companies acceptable to CITY'S Risk Management, and licensed, qualified and authorized to do business in the State of Florida. All policies must be at lease six (6) months in duration. G. Each TOW CONTRACTOR shall show proof of the insurance required under this Section prior to the issuance of a Certificate of Qualification. TOW CONTRACTOR shall not commence operation under the term of this Agreement, until certification or proof of insurance, detailing terms and provisions of coverage, has been received, reviewed, and approved by CITY. H. TOW CONTRACTOR agrees to maintain, at its own cost and expense, worker's compensation coverage required by the State. 13.1 TOW CONTRACTOR'S LIABILITY. A TOW CONTRACTOR shall be liable for any towed vehicle and property contained therein. B. TOW CONTRACTOR or its employee, representative, or agent shall inventory all personal property contained in each vehicle towed. The Tow companies are relieved of liability for property inside of the vehicle that was not listed on the inventory report completed by the officer on the scene. C. The inventory shall be made in triplicate and shall be signed by the person composing it. One copy shall be given to the owner or person in possession of the vehicle, or shall be securely attached to the vehicle; one copy shall be forwarded to the Boynton Beach Police Department, and the final copy shall be retained by TOW CONTRACTOR. 13.2 NON-LIABILITY OF CITY FOR TOWED VEHICLES. CITY shall not be responsible or liable in any manner whatsoever for either the collection or payment of any charges for services rendered, including towing and storage. 14.0 ACCESSIBILITY OF STORAGE FACILITIES. TOW CONTRACTOR agrees that all storage areas shall be accessible between the hours of 8:00 AM. and 6:00 P.M., Monday through Friday and 9 AM. and 12 PM, Saturday; therefore the Gate Fee shall not be charged during the applicable business hours. CA .J.7 Authorized personnel of TOW CONTRACTOR shall be available during such times to assure that the obligations and services, including retrieval of stored vehicles by the public, required of TOW CONTRACTOR are available and fulfilled. Accordingly, there shall be no "gate fees" charged to the CITY for retrieving or gaining access to a vehicle in storage. There will be a $40.00 gate fee charged to any individual(s) or other entity retrieving a vehicle from storage. 14.1 PROTECTION OF VEHICLES AND PROPERTY. A. Vehicles and trailers stored in enclosed areas shall be stored under "lock and key." B. TOW CONTRACTOR 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. C. TOW CONTRACTOR 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. 14.2 INSPECTION OF FACILITIES. A. Storage facilities shall be subject to inspection and shall be approved by CITY prior to award of the Certificate of Qualification and the execution of this Agreement. Storage facilities shall be subject to periodic inspections during the term of Agreement when deemed necessary by the City Manager's office or the CITY'S Police Department. B. Notice of any deficiencies or violations of this Agreement discovered by CITY with respect to storage facilities shall be submitted to TOW CONTRACTOR in writing, and TOW CONTRACTOR shall remedy the same within ten (10) days of receipt of such notice. The Agreement may be terminated and the Certificate of Qualification revoked, or suspended at the option of the CITY. 14.3 RELEASES OF VEHICLES AND PERSONAL PROPERTY. A. TOW CONTRACTOR agrees to release any vehicle or trailer that has not been marked "HOLD." Any vehicle or trailer marked "HOLD" shall not be released without the prior written consent of the City of Boynton Beach Police Department. B. All persons applying for release of the vehicle or trailer from TOW CONTRACTOR shall present adequate proof of ownership or right to possession. Upon release, TOW CONTRACTOR shall give a receipt and itemized statement indicating all charges related to the impounding of the vehicle or trailer to the owner or person entitled to possession. C. Rightful owners shall be able to retrieve their towed vehicle or trailer from TOW CONTRACTOR twenty-four (24) hours a day, seven (7) days a week, including legal holidays, provided the appropriate documentation has been filed. D. Any vehicle or trailer declared to be abandoned, junk or constituting a nuisance CAl8 may only be released under the authority of the Boynton Beach Police Department. E. Any customer contacting TOW CONTRACTOR by telephone or otherwise prior to customer's arrival at the storage site shall be advised of the following by TOW CONTRACTOR: 1. each and every document or other item needed to retrieve vehicle; 2. exact charges at the time of contact and any additional charges that may accumulate subsequent to contact and before retrieval; 3. acceptable methods of payment; and 4. the hours and days that the storage site is open for regular business. F. If all matters are in order, customer shall be returned to possession of the towed vehicle or trailer within thirty (30) minutes of the request. 14.4 PERSONAL PROPERTY LOSS. A. CITY shall not be responsible for any loss or damage to vehicles to trailers, to any personal property contained therein, or to any vehicle accessories, regardless of the cause of such damage or loss. TOW CONTRACTOR shall hold CITY harmless as to any claims, suits or actions alleging such loss or damage. Personal property found in vehicles or trailers that have been stored by TOW CONTRACTOR shall not be sold or disposed of in any way to defray any charges for storage or towing. B. TOW CONTRACTOR shall be held accountable for all personal property and vehicle accessories inventoried at the time the vehicle or trailer is towed, while the vehicle is stored at TOW CONTRACTOR'S storage facility , and while TOW CONTRACTOR disposes of junk, abandoned and nuisance vehicles. TOW CONTRACTOR shall make restitution to owner for all such losses occurring by theft, fire, or other damage. 14.5 DESTINATION OF TOWED VEHICLE. TOW CONTRACTOR shall not move any vehicle or trailer to any location (specified at time of tow) other than that designated by a CITY Police Officer or other authorized CITY representative, or owner or person in possession of vehicle. ALL CITY owned or leased vehicles towed from a location within Palm Beach County shall be towed, as requested to CITY property. Each and every vehicle towed from within the city limits shall be towed to a storage facility within the city limits of Boynton Beach, Florida, and shall remain at that location for at least seven (7) days. 15.0 RADIO COMMUNICATION. A. All towing vehicles and wreckers must be equipped with two-way radio or telephone communication. The range of the communication system shall, at a minimum, extend throughout the Boynton Beach city limits. Accordingly, the base station for the above equipment must be strong and powerful enough to provide city-wide coverage. A citizens band radio is insufficient to meet this requirement. CAl9 B. Any radio communication shall, at no time, be tuned into any police frequencies. C. Guidelines of the Federal Communication Commission (FCC) shall prevail. D. TOW CONTRACTOR shall, at all times, have a competent employee(s) manning the communication system. E. TOW CONTRACTOR shall provide a 24-hour emergency telephone number to be answered by a TOW CONTRACTOR employee designated to respond to emergency calls for service. This service is in addition to the communication system required in subsections 4.5(A)-(D) above, and is necessary so that TOW CONTRACTOR can provide timely and efficient service 24 hours a day, seven days a week. 16.0 REPORTS AND RECORDKEEPING. A. TOW CONTRACTOR shall make available upon request to the CITY'S Police Department, weekly reports of vehicles and trailers towed at the request of the Police Department. The written reports will be designed and supplied by CITY and the following information shall be provided thereon: 1. Name and owner of driver; 2. model and make of vehicle or trailer; 3. license plate number; 4. vehicle identification number; 5. time, date and location oftow; 6. circumstances requiring tow; 7. whether or not a "HOLD" was placed on the vehicle by the Police Department; 8. time dispatched to scene and time of arrival; 9. storage facility where vehicle is stored; and 10. the date, time and name of employee releasing the vehicle. B. TOW CONTRACTOR shall make available upon request by the CITY'S Police Department, a complete and detailed listing of all vehicles and trailers which have been impounded or stored for periods of thirty (30) days or more. Form to be provided by the CITY. Any vehicle or trailer that has not been claimed for a period of thirty (30) days from the towing of the vehicle, shall be reported in writing to the Police Department. C. Services related to CITY owned or leased vehicles or trailers shall be logged and forwarded by TOW CONTRACTOR on a monthly basis to the CITY Public Works Director. All such logs shall identify the vehicle or trailer towed, the location from which it was towed, and the hours and dates applicable to TOW CONTRACTOR'S services with respect to those vehicles or trailers. The "service ticket" shall include the signature of the authorized CITY employee approving towing of the CITY vehicle or trailer. TOW CONTRACTOR shall provide such information, until such time as a form is provided to it by CITY, which then must be completed by TOW CONTRACTOR. CA20 D. TOW CONTRACTOR shall maintain at its place of business records containing the following information: 1. a vehicle storage receipt of each vehicle on the premises; 2. a monthly log of all calls for service by the Police Department; 3. a notification log indicating the date, time and method of notification to the registered owner of the stored vehicle or trailer; and 4. A daily log setting forth a list of all vehicles towed, as well as information on each vehicle as required by Section 5.0(A) of this Agreement. E. INSPECTIONS. 1. TOW CONTRACTOR shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services relative to this Agreement. 2. TOW CONTRACTOR shall make available for inspection by authorized CITY personnel the compounds and storage facilities required herein. 3. In order to facilitate inspection and audits by authorized CITY personnel, records maintained by TOW CONTRACTOR relative to services provided under this Agreement shall be kept separate and apart from other company records. F. RECORDS RETENTION AND RIGHT TO ACCESS. TOW CONTRACTOR shall preserve and make available for inspection and/or removal for the purpose of copying, all financial records related to performance and billing under the terms of this Agreement, upon five (5) days prior notice. All records shall be maintained for a period of three (3) years after termination of this Agreement. If an audit has been initiated within that three (3) year period, but findings from the audit have not been resolved, the records shall be retained and maintained until resolution of audit findings. G. For monitoring purposes, TOW CONTRACTOR shall submit to CITY'S Tow Agreement Monitor, upon request, a log sheet detailing each tow made by TOW CONTRACTOR during that month, as well as the amount charged and service given for each tow. A copy of the invoice for each tow should accompany the monthly report. H. Failure to comply with the provisions and requirements ·of Section 5.0 of this Agreement shall result in suspension from the wrecker rotation until such time as TOW CONTRACTOR corrects such noncompliance. Should TOW CONTRACTOR fail to comply with any of the provisions of this section may, in the discretion of the City Manager, warrant recommending to the City Commission termination of the Certificate of Qualification and Agreement with TOW CONTRACTOR. 17.0 CODE COMPLIANCE CASES. A. When vehicles or trailers are towed from public property, including right-of-ways, after the appropriate notification, TOW CONTRACTOR has the option of destroying the vehicle or keeping it safe for sale pursuant to Sections 713.78 and 715.05, Florida Statutes. CA21 B. TOW CONTRACTOR must proceed in accordance with the provisions set forth in Sections 713.78 and 713.05, Florida Statutes. Any breach thereof shall constitute a breach of this Agreement. C. When vehicles or trailers are towed from private property after receiving the appropriate notification, TOW CONTRACTOR must store the vehicle or trailer for a minimum period of thirty-five (35) days, after which time TOW CONTRACTOR has the option to destroy or sell the vehicle or trailer pursuant to Section 713.78, Florida Statutes. 18.0 NON-EXCLUSIVITY OF SERVICES. A. The owner or person in possession of the vehicle or trailer which has been involved in an accident or which has been incapacitated in any other manner shall be given the opportunity to contact a wrecker or tow company of his /her choice, as long as the disabled vehicle does not create a hazardous condition and a reasonable response time can be expected. Said person shall also be given the opportunity to have the vehicle or trailer towed to a garage or compound of his /her choice. B. CITY shall not be liable for any charges for moving, towing, and storage of any vehicle or trailer; nor shall CITY be liable for any damages to any vehicle or trailer resulting from TOW CONTRACTOR'S acts or omissions. C. All vehicles and trailers towed under the request of the CITY, including but not limited to the City's Police Department, Code Compliance Division, Public Works Department, Fire Department, shall be governed by this section. 19.0 INDEMNIFICATION AND HOLD HARMLESS CLAUSE. TOW CONTRACTOR shall defend, indemnify and save CITY, its agents, employees, and police department harmless from and against any and all claims, suits, actions, damages or causes of action whatsoever arising during the term of this Agreement, caused by any act or omission of TOW CONTRACTOR involving bodily injury, loss of life or damage to property, sustained as a result of TOW CONTRACTOR'S duties; and from all costs, attorney's fees, expenses, liabilities, causes of action, investigations, and any administrative or legal proceedings brought therefrom; and from and against all orders, judgments or decrees which may be entered therein. TOW CONTRACTOR shall further defend CITY, its agents, employees and police department in any action brought as a result of the items set forth in this section, and related to performance of this contract by TOW CONTRACTOR. In the event any litigation or other legal proceedings shall arise from this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and all costs and expenses incurred therein. 20.0 NON-DISCRIMINATION. TOW CONTRACTOR hereby agrees and acknowledges that in the performance of this CAn Agreement, it will not discriminate, or tolerate or permit discrimination on the basis of race, religion, gender, age, handicap, marital status, political affiliation, national origin, or otherwise with respect to its hiring practices and in the performance of the terms of this Agreement. 21.0 POSTING AND PROVIDING CHARGES OF SERVICES. 1. TOW CONTRACTOR shall prominently post in a conspicuous location at its storage facilities and on its tow vehicles and wreckers, a list of charges, as set forth herein. 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 and trailer towed by TOW CONTRACTOR. 2. TOW CONTRACTOR shall not charge for any service that exceeds such posted or listed amount, nor shall TOW CONTRACTOR perform any service that is not deliniated on such posted or listed schedule without giving the owner or person lawfully in possession a written estimate of the amount that will be due and payable upon completion of the unposted or unlisted service. 22.0 COMPLIANCE WITH LAWS. This Agreement shall be governed by all federal, state, and local laws, regulations, ordinances, and codes, as amended from time to time, and as set forth by any other regulatory agency, including but not limited to, any and all municipal codes, ordinances, or regulations which may govern CITY as a Florida municipal corporation. 23.0 NON-ASSIGNABILITY. The Certificate of Qualification shall not be assigned, sold or transferred in any manner whatsoever. 24.0 DISPOSAL OF VEHICLES. Should TOW CONTRACTOR, as a result of this Agreement, have in its possession any vehicle, trailer, or personal property from therein for a period in excess of ninety (90) days, and be ordered to relinquish such vehicle, trailer or personal property to the City of Boynton Beach Police Department, TOW CONTRACTOR agrees to do so with no additional charges to CITY, other than that specified in this Agreement. 25.0 MODIFICATION OF THIS AGREEMENT. No waiver or modification of this Agreement or any covenant, condition, provision, or limitation contained therein shall be valid absent the execution and approval of a written addendum executed by both parties. No evidence of any waiver or modification shall be offered or received into evidence in any proceeding, arbitration or litigation between the parties to this Agreement, unless such waiver or modification is duly executed as set forth in this Section. 26.0 ETHICS AND CONDUCT. TOW CONTRACTOR hereby agrees to conduct operations under this Agreement in a courteous, orderly, ethical and businesslike manner. As it is recognized by both parties CA23 that this Agreement is sensitive in nature and requires TOW CONTRACTOR and its personnel and employees to work with the public on a daily basis, TOW CONTRACTOR is required to extend common courtesies, including but not limited to: A. Expedite release of vehicle in accordance with the terms of this Agreement; B. Assist the vehicle or trailer owner in retrieving documents from the vehicle or trailer to establish ownership; C. Permit 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; and E. If a dispute occurs, TOW CONTRACTOR 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. 27.0 WRECKER ROTATION LIST PROCEDURE. A. Purpose. The purpose of the wrecker rotation is to have in place a procedure for wrecker call-out on a per incident basis (except Code Compliance). Five separate log books will be utilized and maintained by the CITY'S Communication Division. B. Procedure. 1. Log System a. Logs will be kept based on the breakdown noted: 1. Class "A" and "B" Wrecker Companies; 11. Class "c" & "D"Wrecker Companies; and 111. Code Compliance Wrecker Companies (all Class "A"/"B" TOW CONTRACTORS required to participate). IV. City Vehicles Class "A" and "B" and v. City Class "c" & "D" Wrecker Companies b. TOW CONTRACTORS will be filed in alphabetical order, according to corporate name. c. A TOW CONTRACTOR will be called in rotation order from the card file on a per incident basis. 2. Wrecker Response. a. If TOW CONTRACTOR is unable to respond to a call for service, TOW CONTRACTOR will be moved to the end of the list, thereby forfeiting that rotation. b. The CITY official, agent or employee on the scene requesting the wrecker or tow shall determine whether a wrecker remains on the top of the rotation list in the event of cancellation or other circumstances where the wrecker is not used. Said CITY official shall notify the Communications Division upon cancellation of the tow and the tow company will retain their position on the rotation list. c. The next tow company in the rotation will be contacted in the event TOW CONTRACTOR cannot be reached by the CITY'S Communications Division or TOW CONTRACTOR has failed to respond within a reasonable time to a hazardous scene. The City CA24 official, agent or employee shall determine, based on his sole discretion, whether the response time was excessive. d. During the midnight shift, the CITY will reconcile logs on a daily basis, and will gather any reports of problems or incidents that were brought to the attention of the dispatch supervisor, who shall forward the same to the Tow Agreement Monitor within the CITY'S Police Department. 3. Rotation Tracking. a. A manual log will be used by CITY to track all vehicle or trailer tows to include rotation wreckers. b. The log shall contain the date and time of the tow, the tow company, the CITY officer, agent or employee, dispatch, case number, remarks, and a computer check. c. Specific requests from the vehicle or trailer owner or person lawfully in possession will not be charged against the rotation schedule. The request shall be logged as such by CITY in the manual log. If an owner's request cannot be honored for any reason whatsoever, a rotation wrecker will be contacted and so charged on the rotation schedule. 4. Knowledge of Position on Rotation List. a. TOW CONTRACTOR is responsible for knowing its position on the wrecker rotation list. CITY will not provide this information over the telephone. b. The rotation list is public record pursuant to Chapter 119, Florida Statutes, and is available for inspection, by appointment, during regular business hours. 28.0 CODE COMPLIANCE TOWING PROCEDURE. A. Purpose. Standard operating procedure is to be utilized for the removal of vehicles or trailers deemed to be abandoned, unregistered or wrecked as described in Chapter 10, Article III, Sections 10-50, 10-51 and 10-52 of the City of Boynton Beach Code of Ordinances. The towing of these vehicles is to be at no charge to the CITY. B. Procedure. 1. Tow List. a. Tow lists will be faxed from the Code Compliance Division directly to the tow contractor during the month as needed. All tow lists must be returned to the Code Compliance Division within 7 days of receipt of the request for tow. b. Results of the status of each vehicle or trailer will be noted on the list (i.e. towed, gone-on-arrival, or currently licensed). c. Each TOW CONTRACTOR represented in the rotation system shall supply the name of and accessible contact person and that person's phone number to the Code Compliance Division employee responsible for the tow list. CA25 < 2. Rotation. a. Wrecker companies shall rotate Code Compliance tows on a monthly basis. b. TOW CONTRACTOR IS required to notify CITY'S Code Compliance Division and the employee responsible for the tow list, at least ten (10) days in advance of its month to undertake Code Compliance tows, if said TOW CONTRACTOR is unable to perform such tows as requested by CITY. In the event TOW CONTRACTOR is unable to perform, it shall be moved to the end of the Code Compliance Rotation, and may be subject to penalties as provided in this Agreement. c. TOW CONTRACTOR's failure to perform Code Compliance tows for more than two (2) months during any twelve (12) month period may result in suspension from ALL tow lists for a period of time as determined under the sole discretion of the CITY'S City Manager. C. CITY hereby reserves the right to modify the rotation schedule or procedure for Code Compliance tows under this section of the Agreement in an effort to improve upon the procedure to place Code Compliance tows in the regular rotation or otherwise. 29.0 TERM OF AGREEMENT. This Agreement shall take effect as of the date the Agreement is ratified by Resolution of the City of Boynton Beach City Commission, and shall have a term of two (2) years from that date. This Agreement shall be automatically renewed for one (1) additional year, unless either party provides written notice via certified mail to the other party within thirty (30) days of the end of the yearly term, that the Agreement shall be terminated at the end of the term. 29.1 INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that TOW CONTRACTOR is an independent contractor under this Agreement and not the CITY'S employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal < Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. TOW CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out TOW CONTRACTOR'S activities and responsibilities hereunder. TOW CONTRACTOR agrees that it is a separate and independent enterprise from the CITY; that it has full opportunity to find other business; that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the TOW CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by TOW CONTRACTOR, including but not limited to unpaid CA26 minimum wages and/or overtime premiums. 29.2 NOTICE. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the TOW CONTRACTOR and the CITY designate the following as the respective places for giving of notice: CITY: City Manager City of Boynton Beach P.O. Box 310 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 TOW CONTRACTOR: BLAKE'S TOWING & TRANSPORT, INC. 1399 S.W. 30TH AVE. BAY #6 BOYNTON BEACH, FL 33426 ATTN: JASON BLAKELEY 29.3 BINDING AUTHORITY. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 29.4 SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 29.5 GOVERNING LAW. The terms and conditions of this Agreement shall be governed by and interpreted under the laws of the State of Florida. Venue for the purposes of any litigation arising out of this agreement shall be in Palm Beach County, Florida. < 29.6 EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between CITY and TOW CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. CAn IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY ~ BY: City Manager ATTEST: '!no STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared /{t{¡(. í ./J455-j/UC , as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on the 8th day of July, 2005. NOTA~UB~IC ç¡ ... /1 ( i ø My Commission Expires '~ 'iv'~ /¿{~L/'.I' NO'l'ARY PUBUC·STA!E Of FLORIDA t/ ~ Judith A. Pyle commission /I DD421091 Expires: APR. 21, 2009 Bonded Tbru Atlandc Bondina Ce., Ine. CA28 IN WITNESSf OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this -.-L day of J u.1 'f 2005. NOTARY PUBLIC My Commission Expires: ( STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared 1"}z5ò n I3lo...J:~ Ie i ' and acknowledged he/she executed the foregoing Agreement for the use and purpose mentloned in It, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this 6"ay of ddJ-2005. ~ /k¡¿.44'4 NOTARY PUBLIC \\\11', B b ",~',.r.y pt/.;" ar ara M. Madden {i!'i"~~ c0mn;üssïon # DD12S274 My Commission Expires: :.~\ i~E EXIIll'eS July 19, 2006 ";:I"'ò; f\t;)'f',,~ Bonded 1bru "1/'1\\\" Atlantic Bonding Co., me. CA-21J CERTIFICATE OF QUALIFICATION The City of Boynton Beach, hereby issues this Certificate of Qualification to the following company, and hereby certifies that the company named in this certificate is qualified to perform towing services pursuant to the Towing Service Contract approved by the Boynton Beach City Commission. COMP ANY NAME: BLAKES TOWING & TRANSPORT, INe. ADDRESS: 1399 SW 30th Av~nue, Bay No.6 Boynton Beach, FL 33426 PHONE NUMBER: 561-737-3303 CONTACT PERSON: Jason Blakeley ¿~ City Manager ATTEST: KURT BRESSNER CITY MANAGER ~Yn p(~ BOYNTON BEACH, FL i C" y Clerk K05-0L/c AGREEMENT FOR VEHICLE TOWING ROTATION PROGRAM The date of this Agreement is the date the last party signs the Agreement as shown on the signature pages and is between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and JORDAN WRECKER SERVICE 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: SPECIAL TERMS AND CONDITIONS 1.0 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. 1.1 APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY CITY These rates are the only rates that will be charged vehicle owners under this Agreement: A. TOWING BY ITEM DESCRIPTION (1) Class A (cars, vans, light trucks $135.00 per call under 10,001 GVW) within City limits; (2) Motorcycles within the City limits; $135.00 per call (3) Towing outside the City limits for an additional cars, vans, motorcycles, and light $6.00 per towed trucks 3/4 and less charged only mile for miles starting where city limit is exited to the final destination. No charge applied within city limits. CA-l (4) Class B (vehicles 10,001 to 24,000 GVW) within the City limits; (5) Towing outside the City limits for Class B vehicles only for miles starting where city limit is exited to the final destination. (6) Class C vehicles (24,001 to 53,999 GVW) within City limits; (7) Class C vehicles outside City limits only for miles starting where city limit is exited to the final destination. (8) 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 l.2(C). (9) Miscellaneous other charges 4 X 4/off-road vehicle recovery Tarp fee Lowboy service Outside the City limits only for miles starting where city limit is exited to the final destination. No charge applied within city limits. Underwater recovery salvage CA-2 $200.00 per call an additional $7.00 per towed mile $250.00 per call (City vehicle $300.00 all others an additional $8.00 per towed mile $40.00 per half hour $120.00 for the first half hour, and $30.00 per quarter hour thereafter $35.00 per call $175.00 per hour an additional $6.00 per. towed mile from City limits $100.00 per hour port to port (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. (11) The foregoing rates shall be adjusted March 1, 2006, based on the reported increase in the consumer price index for the southeastern region of the United States, comparing the index increase from January 2005 to January 2006. B. STORAGE AND LIEN NOTICE (1) Cars, vans, trucks vessels/trailers less than 25' Outside storage $25.00 per day Inside storage $35.00 per day (2) Vehicles and vessels/trailers over 25' Outside storage Inside storage $35.00 per day $50.00 per day (3) Motorcycles Outside storage Inside storage $15.00 per day $20.00 per day (4) Lien Notice (after 24 hours of storage) $50.00 per vehicle $75.00 max. 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 CA-3 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 $120.00 per hour and $30.00 per each quarter hour after the first hour. scene; (2) Extra man (each) on the scene $60.00 per hour D. ROAD SERVICE For all trucks, cars, vans and other vehicles under and over 3/4 ton, a road service fee of $60.00 per call may be charged to the vehicle owner for services such as assisted start, unlocking a door, delivering gas, tire changes, etc. 1.2 APPROVED TOWING RATES - CITY OWNED OR CITY LEASED VEHICLES A. All CITY owned or CITY leased vehicles Class "A" and "B" will be towed at fifty (50%) percent of the standard charge(s) as set forth above. B. All CITY owned or CITY leased vehicles Class "A" and "B" requiring road service as indicated in Section 1.11 of this Agreement will receive such services at fifty (50%) percent of the standard charge(s) as set forth above. C. All 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 and stored at rotation fees. D. All CITY owned or CITY leased vehicles towed under Class "C" or Class liD" will be towed at $250.00 (plus $5.00 per mile for tows more than 10 miles from Public Works Compound). E. All vehicles towed at the request of Code Compliance, 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 forth in Section 1.1 of this Agreement. F. City shall be assessed fifty (50%) percent of waiting time charges. G. Companies that cannot or do not respond to City tows will lose their next rotation slot for a retail tow. Documentation will be maintained by City Communications CA-4 -"..,,,,,.^........,-~~~~~"""..."'.,",.,.> 1.3 SPECIAL AND ADDITIONAL CHARGES A. WAITING TIME. The cost for waiting time shall not be assessed by TOW CONTRACTOR until forty-five (45) minutes after arrival at the scene. B. LABOR CHARGES. The cost for labor under any circumstances and when applicable shall not be assessed by TOW CONTRACTOR until thirty (30) 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. C. 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. If there is no mechanical connection, there is no loss of the TOW CONTRACTOR'S spot on the rotation list. D. GATE FEE. A gate fee of $35.00 will be charged by TOW CONTRACTOR when an impdunded vehicle/vessel is recovered by owner/authorized agent or when owner/agent wishes to recover property from an impounded vehicle/vessel after hours, on weekends or holidays. No gate fee will be charged to retrieve a vehicle/vessel or personal property Monday through Friday from 8:00 a.m to 6:00 p.m. ( except holidays). 2.0 ELIGIBILITY. A. To be eligible to respond to this RFQ, TOW CONTRACTOR shall be regularly engaged in the towing business on a full-time basis in Palm Beach County 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). B. TOW CONTRACTOR shall 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. C. 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. D. 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. E. TOW CONTRACTOR shall have and maintain an office and storage facility within the City limits at all times during the term of this agreement. The storage facility shall be in full compliance with the terms of this Agreement, and shall be CA-5 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 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. F. TOW CONTRACTOR must maintain at all times, any licenses or permits required by the State of Florida, Palm Beach County and the City of Boynton Beach in order to conduct business as a wrecker or tow service. Proof of said license shall be submitted prior to the approval of this Agreement. G. TOW CONTRACTOR shall be licensed to do business in the City of Boynton Beach pursuant to Chapter 13 of the Boynton Beach Code of Ordinances. H. At all times during the term of this Agreement, TOW CONTRACTOR, its subsidiaries, agents, employees or representatives shall only appear on the rotation list once. Under no circumstances shall a Tow Contractor who has a business, financial or legal relationship with another Tow Contractor be permitted to have more than one place on the rotation list. 2.1 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 RFQ. Any other information 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 applicant to respond to a requirement, the response should include a reference to the document number and page number. This will provide a quick reference for the evaluators 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 LEGIBLE. IF PROPOSAL IS NOT LEGIBLE, IT WILL NOT BE ACCEPTED. ANY ILLEGIBLE APPLICATIONS THAT ARE RECEIVED WILL BE AUTOMATICALLY DISQUALIFIED AND WILL NOT BE CONSIDERED. CA-6 2.2 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 service for the removal of vehicles within the City of Boynton Beach when required and when dispatched or required by the City of 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. C. 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. D. At an accident scene, TOW CONTRACTOR shall remove from the street and surrounding area all broken glass and other debris resulting from the accident. E. 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. However, if the tow is cancelled, the tow company will retain their position in the rotation. 2.3 SPECIFICATIONS FOR WRECKERS. A. TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to two (2) CLASS "A" TOWINGIRECOVERY VEHICLES meeting the specifications set forth in Palm Beach County code. B. 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, meeting the specifications set forth in Palm Beach County code. C. 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" TOWINGIRECOVERY VEHICLE meeting the specifications set forth in Palm Beach county code. D. Class "C" and/or "D" TOW CONTRACTORS must have the ability to tow an aerial fire truck that is approximately 64,000 pounds GVW, any sanitation truck~ and a Track Excavator that is approximately 30 tons. CA-7 E. TOW CONTRACTOR shall own, lease, or mortgage and have immediate access to at least one (I) motorcycle trailer. F. EACH AND EVERY tow truck or recovery vehicle must be outfitted with the following supplies and equipment: 1. 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; 3. One (I) heavy-duty push broom; 4. A flood light on the hoist; 5. One (1) flat-nose shovel; 6. One (1) ax; 7. One (1) crowbar; 8. At least one (1), five (5) pound Carbon dioxide fire extinguisher with a current inspection tag. The fire extinguisher must be an approved type; 9. One (1) pair of bolt cutters; 10. One (1) set of jumper cables; 11. One (1) four-wait lug wrench; 12. One (1) high-intensity flashlight; 13. One (1) set of red highway reflectors; 14. Five (5) thirty minute flares; 15. Each wrecker and tow vehicle shall contain a telephone or radio communications system to enable continuous direct contact between the driver and the office of TOW CONTRACTOR; and 16. Each vehicle shall be specifically designed, constructed and equipped for the towing of vehicles, and shall at all times, be properly maintained in a mechanically safe condition. CA-S G. To be awarded and to maintain a certificate of qualification, a Class "A"/"B" TOW CONTRACTOR shall have in operational condition at the time the certificate of qualification is awarded and for the duration of this agreement at least two (2) Class "A" wreckers, and one (1) Class "B" wrecker. H. TOW CONTRACTOR shall have available at all times, sufficient equipment to perform all services required herein on a timely and responsible basis. TOW CONTRACTOR shall notifY CITY in the event any of the required equipment, as set forth in this Agreement, is inoperable, sold, levied upon, repossessed or attached. 3.0 STANDARDS OF CONDUCT FOR TOW CONTRACTORS. A. TOW 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 requirements. B. TOW CONTRACTOR shall be the holder of a general towing and wrecker service license issued by Palm Beach County and shall be the holder or any licenses required by Florida law and the City of Boynton Beach. C. Each wrecker shall be manned by a driver who must meet the following qualifications: 1. Possesses a valid State of Florida required Commercial Drivers License (CDL); 2. Possess knowledge of the layout of streets and roadways within the City of Boynton Beach; and 3. Be physically qualified to perform the normal and everyday tasks required of a tow truck operator. D. TOW CONTRACTOR shall ensure that each driver operates the company's equipment in a safe and proper manner in accordance with operating manuals and Florida Statutes. Upon receipt of a complaint from the City of Boynton Beach Police Department on a driver's unsafe, unlawful or improper operation, documented corrective action must be taken by TOW CONTRACTOR. 4.0 FACILITIES. TOW CONTRACTOR shall maintain a storage facility for all impounded vehicles. There shall be an outside, enclosed area and an inside storage area. All facilities shall be located within the City limits and be owned or leased by TOW CONTRACTOR. TOW CONTRACTOR's storage facilities cannot be relocated without written consent from CITY. Should TOW CONTRACTOR relocate without obtaining said consent, the relocation shall constitute a breach ofthis Tow Agreement. CA-9 1. OFFICE FACILITIES. It shall be the duty of TOW CONTRACTOR to maintain office facilities: a. to include telephone and restroom facilities, and a work area containing, for example, a desk, phone, facsimile machine, computer, etc.; b. with a physical plant having the name of the company and the mailing address and 24-hour phone number clearly painted; c. that are accessible to CITY officials at anytime, 24 hours a day, 7 days a week; and d. that maintains a radio communication system at all times, 24 hours per day, 7 days a week. TOW CONTRACTOR shall not utilize any phone answering services( s), as said services are strictly prohibited under the terms of this Agreement, and use of such services shall constitute a breach thereof. 2. OUTSIDE STORAGE a. Outside storage shall be kept and maintained to provide for the removal of junk, tires, and auto parts; the regular trimming of all shrubbery, bushes, trees and grass areas (along fence line and on property); and adequate drainage to prevent standing water. b. Outside storage areas 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 a fence or wall, including all gates, doors, or roofed open areas shall be equipped with not less than twelve (12) inches of barbed wire installed in such a manner as to discourage access over the top of such a fence or wall. All fences and walls shall be maintained in good repair throughout the term of this Agreement. Any damage to such walls or fences shall be repaired within twenty-four (24) hours of its occurrence. c. The area must have a vehicle storage capacity of at least twenty-five (25) vehicles. This storage will predominantly be utilized for accident tows, designated "HOLD," confiscated, and evidence vehicles. A secondary storage area may be located within a ten (10) mile radius of the City of Boynton Beach, and may be utilized for Code Compliance-related tows. 3. INSIDE STORAGE. TOW CONTRACTOR shall be capable of storing up to three (3) vehicles in inside storage, and shall maintain at least one (1) inside storage space that shall meet the following specifications: a. a working area of 9' X 20' per vehicle with at least an eight (8') foot high ceiling; CAW b. a paved floor (i.e. concrete, asphalt) that is free from dirt, standing water and vegetation; c. an electrical lighting source sufficient to permit processing of a vehicle; and d. one (1) outside window or a ventilation system. 4. CRIME SCENE, CONFISCATED, SPECIAL "HOLD" STORAGE a. Any vehicle towed or 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 be stored to prevent physical contamination or degradable evidence from deteriorating, and by inside storage. If inside storage is not available, CONTRACTOR shall surrender the tow and fee to the next Contractor in rotation. This shall not prevent CITY from removing the vehicle or trailer and storing it at a City-owned or controlled facility'or at another Tow Contractor's storage compound. c. If laboratory work on a crime scene vehicle 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 such compound for whatever period of time necessary, in order to properly process the vehicle and conduct any investigation necessary. Vehicles towed by the Police Department such as Impounds for Investigative/Evidence purposes; the City is responsible for payment of storage at City rates. The Owner shall NOT be chan~ed for any storal!e fees. e. Confiscated vehicles or vehicles involved in litigation. shall be protected from the elements, preferably at an inside storage facility, as to maintain the vehicle in its condition at the time of towing. This shall not prevent CITY from removing the vehicle and storing the vehicle at a City owned or controlled facility or at another Tow Contractor's facility. f City of Boynton Beach Police Department personnel shall be permitted access to all such vehicles at all times. 5.0 PERFORMANCE PROBATION PERIOD. A. 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 evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the standards set forth in this Agreement, the City Commission may, upon the recommendation of City staff, by written notice setting forth the default under the CA~l Agreement terms, revoke the Certificate of Qualification. If performance is acceptable at the end of the probationary period described herein, TOW CONTRACTOR will be so notified by the City. B. Should the City Commission revoke a Certificate of Qualification within the three (3) month probationary period, another Certificate of Qualification may be awarded to an eligible company as determined by the City Commission. 5.1 ROLE OF CITY MANAGER AS TO PENAL TIES. The City Manager for CITY shall have the power to formally reprimand TOW CONTRACTOR, suspend the Certificate of Qualification, suspend activities of TOW CONTRACTOR under the terms of this Agreement, recommend to the City Commission revocation of the Certificate of Qualification, and recommend to the City Commission that this Agreement with TOW CONTRACTOR be terminated. 5.1.1 FORMAL REPRIMAND. Upon review of materials provided to him/her by City staff, the City Manager may issue a written reprimand to TOW CONTRACTOR for any act or omission, which in his/her sole discretion, is deemed to be a violation of this Agreement. A written reprimand for an act or omission in violation of the terms of this Agreement shall be grounds for recommending termination of the Certificate of Qualification should the City Manager deem such action to be appropriate under the circumstances. 5.1.2 REVOCATION. In the event any criteria for qualifications established by this Agreement are violated by a Certificate Holder (TOW CONTRACTOR), CITY may serve written notice upon Certificate Holder of the recommended revocation of the Certificate of Qualification and/or termination of the Agreement. However, any and all liabilities of TOW CONTRACTOR and the surety for acts, omissions, or violations occurring prior to the date of cancellation shall not be affected, waived or otherwise as a result of the cancellation. In the event City Manager for CITY recommends revocation of the Certificate of Qualification and/or termination of the Agreement with TOW CONTRACTOR, such a recommendation shall be considered by the City Commission for CITY. 5.1.3 COMPLAINTS AGAINST TOW CONTRACTOR. TOW CONTRACTOR hereby agrees that any complaints received by CITY concerning the performance of TOW CONTRACTOR'S duties under this Agreement and otherwise shall be referred to the City Manager of the City of Boynton Beach. The failure of TOW CONTRACTOR to follow any subsequent reasonable instruction of the City Manager regarding any complaint will be considered a material breach of this Agreement and the awarded Certificate of Qualification, and shall be cause for termination thereof 5.1.4 REPUTABILITY. Lack of reputability shall be cause for revocation of a Certificate of Qualification and shall include, but not be limited to the following: CAn A. Misstatements concerning the convIctiOn of any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; B. Retaining any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; C. Retaining any officer, employee or agent convicted of any felony or first degree misdemeanor directly related to the business and/or operation of a wrecker, when that person's civil rights have not been restored. For the purpose of this Agreement, any offense involving peIjury, false statement or theft shall be considered to be directly related to the business operation of a wrecker. D. Retaining any officer, employee or agent convicted of the offense of driving under the influence of alcohol or any other controlled substance to the extent that normal faculties are impaired; of the offense of driving a vehicle and having an unlawful blood alcohol level; or of any other criminal traffic offense. 5.1.5 SUSPENSION Should at any time during the term of this Agreement, including during any option terms, the tow company be in violation of any ofthe terms and conditions ofthis Agreement, the City Manager or his or her designated agent shall have the right to suspend the company until the violation is resolved to the satisfaction of City staff. If the violation is not promptly resolved or is of such a serious nature that the City Manager determines that suspension is inadequate, the City Manager reserves the right to recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR for cause. Should at any time during the term of this Agreement, including during any option terms, TOW CONTRACTOR or its principals become the subject of a criminal investigation, the City Manager shall have the right to suspend TOW CONTRACTOR's Certificate of Qualification pending the outcome of any criminal investigation and trial, should one result. Upon the conclusion of a criminal investigation that does not result in criminal charges against TOW CONTRACTOR or its principals, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR, or the City Manager may lift the suspension, thereby reinstating the Certificate of Qualification to TOW CONTRACTOR. If an adjudication of guilt is entered against TOW CONTRACTOR at the conclusion of a trial or via plea bargaining with the State, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR or City Manager may reinstate. 6.0 COMMERCIALLY MANUFACTURED EQUIPMENT. A. Each tow truck, recovery vehicle and all equipment owned, leased, or mortgaged by TOW CONTRACTOR shall be commercially manufactured and shall conform to the requirements set forth herein or be approved by CITY or its designee. B. Each tow truck, recovery vehicle, and all equipment utilized by TOW CA .J.3 CONTRACTOR shall be maintained in good mechanical condition at all times. C. Each tow truck, recovery vehicle, and all equipment is subject to inspection by CITY or its designee at all times during the term of this Agreement. D. No vehicle of TOW CONTRACTOR shall be used as an emergency vehicle, except when the circumstances justify the use of the vehicle in that manner. (i.e. flashing lights are to be used only when necessary). 6.1 MARKINGS. TOW CONTRACTOR agrees to have no markings on vehicles, buildings, or correspondence that indicates or tends to indicate any official relationship between TOW CONTRACTOR and the City of Boynton Beach. 7.0 SITE CLEAN-UP. TOW CONTRACTOR shall, at no cost to CITY, the public or the owner of the towed vehicle or trailer, promptly remove all debris from the public street, sidewalks, parks, and property of CITY; and shall remove the same to a proper place for disposal if the accident scene is, will or has been served by TOW CONTRACTOR, its agents or employees. The owner of the vehicle or trailer towed may be charged pursuant to the rate schedules set forth in this Agreement for the clean-up of hazardous wastes, chemicals, construction debris and spilled loads. 8.0 EMPLOYEES. TOW CONTRACTOR agrees to maintain, and upon request, provide to the City of Boynton Beach Police Department the following information on all officers, employees, agents, and servants, and to be responsible for keeping the information accurate and current: name, address, date of birth, driver's license number, social security number, and photograph. TOW CONTRACTOR agrees that the owner(s) of the company or the officers of the company, if a corporation, shall be personally responsible for the acts of their employees, while said employees are on-duty. TOW CONTRACTOR further acknowledges and agrees to notify its employees that CITY may run drivers license histories on any driver at any time with or without cause. 9.0 TWO OR MORE APPLICATIONS UNDER DIFFERENT NAMES RECEIVED FROM ONE PROPOSER. If more than one application is submitted by anyone proposer, by or in the name of his or their clerk, partner, or other persons, and it is determined by CITY staff that such applicant is under single, identical, or substantially the same ownership, all such applications will be rejected. If the above described dual ownership is not revealed until the contract term has begun, said action shall constitute grounds for revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR. 10.0 RESPONSE TIME. A. TOW CONTRACTOR shall, at the request of the CITY Police Department or other CITY official requesting tow truck service at any time of the day or night, arrive at the scene with the appropriate equipment within the following time limit CAl4 depending upon the vehicle class requested: CLASS A CLASS B CLASS C 30 minutes from request 30 minutes from request 45 minutes from request B. TOW CONTRACTOR assumes all liability in meeting the required class response time, including but not limited to, any and all damages resulting from traffic accidents and motor vehicle infraction fines occurring after the response time limit has expired. C. In the event TOW CONTRACTOR fails to respond in a timely manner, the department of CITY requesting the service shall document the untimeliness, and forward said writing to the Agreement Administrator. D. The following penalties shall apply should any TOW CONTRACTOR fail to respond within the class response time set forth in Section 3.1(A) of this Agreement or skip any tow directed by the City of Boynton Beach. Within a 12 month period 1. 1st offense 2. 2nd offense 3. 3rd offense and greater Penalty Certified letter of warning One (1) month suspension Termination of Agreement with CITY and revocation of certificate of qualification E. TOW CONTRACTOR may appeal a suspension of two (2) months or more to the City Commission, and if TOW CONTRACTOR can show by substantial and competent evidence that extenuating circumstances beyond TOW CONTRACTOR's control caused the failure to timely respond, the suspension may be lifted by the City Commission. F. All appeals must be made in writing to the City Manager within thirty (30) days of the action, and shall fully set forth the basis for the appeal. Suspensions shall not be stayed during any pending appeals. G. City Manager recommendation for termination of this agreement and revocation of the certificate of qualification under this section requires consideration and action by the City Commission. 11.0 SUBCONTRACTING. TOW CONTRACTOR shall not subcontract its services to secure additional wreckers or storage space required under this Agreement. TOW CONTRACTOR must own, lease, or mortgage the vehicles, equipment and storage space required under this Agreement. Evidence of ownership of all vehicles is required. All registrations of vehicles are due at the time of submitting this RFQ. CAJ5 12.0 BENEFITS FROM REPAIRS. A In the event TOW CONTRACTOR holding a certificate of qualification operates an automobile repair and/or automobile paint and body repair business, TOW CONTRACTOR shall provide written notification to the owner or representative of the owner of the vehicle towed under the provisions of this Agreement, that there is no obligation to have any automobile, vehicle or trailer repairs and/or automobile, vehicle or trailer paint and body work done by TOW CONTRACTOR. B. TOW CONTRACTOR shall notify CITY in wntmg of any and all repairs completed on vehicles, automobiles, trucks, and trailers by TOW CONTRACTOR towing a vehicle under the provisions of this Agreement. The written notification to vehicle owner that there is no obligation to have TOW CONTRACTOR undertake any repairs to the vehicle shall be included. 13.0 INSURANCE REQUIREMENTS. A TOW CONTRACTOR'S liability insurance policies shall name the CITY as an additional insured. B. During the tenn of this Agreement, TOW CONTRACTOR shall have in effect insurance with those limits specified in this Section. Copies of said insurance policy or certificate of insurance must be furnished to CITY's Purchasing Department and Risk Management Department immediately after approval of Agreement by the City Commission. CITY may request proof of insurance or the name and phone number of insurer at any time during the term of the Agreement, and TOW CONTRACTOR must respond with said proof of insurance within five (5) days of the request. Failure to provide the proof of insurance required in this section or the name and phone number of insurer as requested shall result in automatic suspension of the certificate of qualification and may be grounds for termination of this Agreement with TOW CONTRACTOR. C. TOW CONTRACTOR shall supply CITY with a Certificate of Insurance for the coverages and limits as shown in this Section. A thirty (30) day cancellation clause in favor of CITY shall be included in the Policy and the Certificate. D. TOW CONTRACTOR, at its own cost and expense, shall keep in force at all times, and shall maintain the following during the terms of this Agreement: 1. Comprehensive General Liability Insurance with minimum limits of coverage of One Million ($1,000,000.00) Dollars per incident Combined Single Limit for Bodily Injury Liability and Property Damage Liability. 2. Automobile Liability Insurance coverage in the minimum amount of Three Hundred Thousand ($300,000.00) Dollars per person/per incident and property damage coverage of One Hundred Thousand ($100,000.00) Dollars per incident. 3. Garage Keeper's Legal Liability Insurance coverage m the mInImUmT CA16 amount of Seventy-five Thousand ($75,000.00) Dollars to protect owners of any and all vehicles and trailers towed or stored by TOW CONTRACTOR pursuant to this Agreement, from any loss or damage to such vehicle or trailer on account of such removal or storage. E. TOW CONTRACTOR shall provide CITY with Certificate(s) of Insurance on all policies of insurance and renewals thereof in a form acceptable to CITY. Each policy shall provide that CITY as an additional insured, and that the CITY shall be notified by the insurer in writing of any cancellation at least thirty (30) days prior to the effective date of cancellation. F. Each and every insurance policy must be issued by companies acceptable to CITY'S Risk Management, and licensed, qualified and authorized to do business in the State of Florida. All policies must be at lease six (6) months in duration. G. Each TOW CONTRACTOR shall show proof of the insurance required under this Section prior to the issuance of a Certificate of Qualification. TOW CONTRACTOR shall not commence operation under the term ofthis Agreement, until certification or proof of insurance, detailing terms and provisions of coverage, has been received, reviewed, and approved by CITY. H. TOW CONTRACTOR agrees to maintain, at its own cost and expense, worker's compensation coverage required by the State. 13.1 TOW CONTRACTOR'S LIABILITY. A. TOW CONTRACTOR shall be liable for any towed vehicle and property contained therein. B. TOW CONTRACTOR or its employee, representative, or agent shall inventory all personal property contained in each vehicle towed. The Tow companies are relieved of liability for property inside of the vehicle that was not listed on the inventory report completed by the officer on the scene. C. The inventory shall be made in triplicate and shall be signed by the person composing it. One copy shall be given to the owner or person in possession of the vehicle, or shall be securely attached to the vehicle; one copy shall be forwarded to the Boynton Beach Police Department, and the final copy shall be retained by TOW CONTRACTOR. 13.2 NON-LIABILITY OF CITY FOR TOWED VEHICLES. CITY shall not be responsible or liable in any manner whatsoever for either the collection or payment of any charges for services rendered, including towing and storage. 14.0 ACCESSIBILITY OF STORAGE FACILITIES. TOW CONTRACTOR agrees that all storage areas shall be accessible between the hours of 8:00 A.M. and 6:00 P.M., Monday through Friday and 9 A.M. and 12 PM, Saturday; therefore the Gate Fee shall not be charged during the applicable business hours. CAl7 Authorized personnel of TOW CONTRACTOR shall be available during such times to assure that the obligations and services, including retrieval of stored vehicles by the public, required of TOW CONTRACTOR are available and fulfilled. Accordingly, there shall be no "gate fees" charged to the CITY for retrieving or gaining access to a vehicle in storage. There will be a $40.00 gate fee charged to any individual(s) or other entity retrieving a vehicle from storage. 14.1 PROTECTION OF VEHICLES AND PROPERTY. A. Vehicles and trailers stored in enclosed areas shall be stored under "Jock and key." B. TOW CONTRACTOR 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. C. TOW CONTRACTOR 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. 14.2 INSPECTION OF FACILITIES. A. Storage facilities shall be subject to inspection and shall be approved by CITY prior to award of the Certificate of Qualification and the execution of this Agreement. Storage facilities shall be subject to periodic inspections during the term of Agreement when deemed necessary by the City Manager's office or the CITY'S Police Department. B. Notice of any deficiencies or violations of this Agreement discovered by CITY with respect to storage facilities shall be submitted to TOW CONTRACTOR in writing, and TOW CONTRACTOR shall remedy the same within ten (10) days of receipt of such notice. The Agreement may be terminated and the Certificate of Qualification revoked, or suspended at the option of the CITY. 14.3 RELEASES OF VEHICLES AND PERSONAL PROPERTY. A. TOW CONTRACTOR agrees to release any vehicle or trailer that has not been marked "HOLD." Any vehicle or trailer marked "HOLD" shall not be released without the prior written consent of the City of Boynton Beach Police Department. B. All persons applying for release of the vehicle or trailer from TOW CONTRACTOR shall present adequate proof of ownership or right to possession. Upon release, TOW CONTRACTOR shall give a receipt and itemized statement indicating all charges related to the impounding of the vehicle or trailer to the owner or person entitled to possession. C. Rightful owners shall be able to retrieve their towed vehicle or trailer from TOW CONTRACTOR twenty-four (24) hours a day, seven (7) days a week, including legal holidays, provided the appropriate documentation has been filed. D. Any vehicle or trailer declared to be abandoned, junk or constituting a nuisance CA1.8 may only be released under the authority of the Boynton Beach Police Department. E. Any customer contacting TOW CONTRACTOR by telephone or otherwise prior to customer's arrival at the storage site shall be advised of the following by TOW CONTRACTOR: 1. each and every document or other item needed to retrieve vehicle; 2. exact charges at the time of contact and any additional charges that may accumulate subsequent to contact and before retrieval; 3. acceptable methods of payment; and 4. the hours and days that the storage site is open for regular business. F. If all matters are in order, customer shall be returned to possession of the towed vehicle or trailer within thirty (30) minutes ofthe request. 14.4 PERSONAL PROPERTY LOSS. A. CITY shall not be responsible for any loss or damage to vehicles to trailers, to any personal property contained therein, or to any vehicle accessories, regardless of the cause of such damage or loss. TOW CONTRACTOR shall hold CITY harmless as to any claims, suits or actions alleging such loss or damage. Personal property found in vehicles or trailers that have been stored by TOW CONTRACTOR shall not be sold or disposed of in any way to defray any charges for storage or towing. B. TOW CONTRACTOR shall be held accountable for all personal property and vehicle accessories inventoried at the time the vehicle or trailer is towed, while the vehicle is stored at TOW CONTRACTOR'S storage facility , and while TOW CONTRACTOR disposes of junk, abandoned and nuisance vehicles. TOW CONTRACTOR shall make restitution to owner for all such losses occurring by theft, fire, or other damage. 14.5 DESTINATION OF TOWED VEHICLE. TOW CONTRACTOR shall not move any vehicle or trailer to any location (specified at time of tow) other than that designated by a CITY Police Officer or other authorized CITY representative, or owner or person in possession of vehicle. ALL CITY owned or leased vehicles towed from a location within Palm Beach County shall be towed, as requested to CITY property. Each and every vehicle towed from within the city limits shall be towed to a storage facility within the city limits of Boynton Beach, Florida, and shall remain at that location for at least seven (7) days. 15.0 RADIO COMMUNICATION. A. All towing vehicles and wreckers must be equipped with two-way radio or telephone communication. The range of the communication system shall, at a minimum, extend throughout the Boynton Beach city limits. Accordingly, the base station for the above equipment must be strong and powerful enough to provide city-wide coverage. A citizens band radio is insufficient to meet this requirement. CA~9 B. Any radio communication shall, at no time, be tuned into any police frequencies. C. Guidelines of the FederaJ Communication Commission (FCC) shall prevail. D. TOW CONTRACTOR shall, at all times, have a competent employee(s) manning the communication system. E. TOW CONTRACTOR shall provide a 24-hour emergency telephone number to be answered by a TOW CONTRACTOR employee designated to respond to emergency calls for service. This service is in addition to the communication system required in subsections 4.5(A)-(D) above, and is necessary so that TOW CONTRACTOR can provide timely and efficient service 24 hours a day, seven days a week. 16.0 REPORTS AND RECORDKEEPING. A. TOW CONTRACTOR shall make available upon request to the CITY'S Police Department, weekly reports of vehicles and trailers towed at the request of the Police Department. The written reports will be designed and supplied by CITY and the following information shall be provided thereon: 1. Name and owner of driver; 2. model and make of vehicle or trailer; 3. license plate number; 4. vehicle identification number; 5. time, date and location of tow; 6. circumstances requiring tow; 7. whether or not a "HOLD" was placed on the vehicle by the Police Department; 8. time dispatched to scene and time of arrival; 9. storage facility where vehicle is stored; and 10. the date, time and name of employee releasing the vehicle. B. TOW CONTRACTOR shall make available upon request by the CITY'S Police Department, a complete and detailed listing of all vehicles and trailers which have been impounded or stored for periods of thirty (30) days or more. Form to be provided by the CITY. Any vehicle or trailer that has not been claimed for a period of thirty (30) days from the towing of the vehicle, shall be reported in writing to the Police Department. C. Services related to CITY owned or leased vehicles or trailers shall be logged and forwarded by TOW CONTRACTOR on a monthly basis to the CITY Public Works Director. All such logs shall identify the vehicle or trailer towed, the location from which it was towed, and the hours and dates applicable to TOW CONTRACTOR'S services with respect to those vehicles or trailers. The "service ticket" shall include the signature of the authorized CITY employee approving towing of the CITY vehicle or trailer. TOW CONTRACTOR shall provide such information, until such time as a form is provided to it by CITY, which then must be completed by TOW CONTRACTOR. CA20 D. TOW CONTRACTOR shall maintain at its pJace of business records containing the following information: I. a vehicle storage receipt of each vehicle on the premises; 2. a monthly log of all calls for service by the Police Department; 3. a notification log indicating the date, time and method of notification to the registered owner of the stored vehicle or trailer; and 4. A daily log setting forth a list of all vehicles towed, as well as information on each vehicle as required by Section 5.0(A) of this Agreement. E. INSPECTIONS. 1. TOW CONTRACTOR shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services relative to this Agreement. 2. TOW CONTRACTOR shall make available for inspection by authorized CITY personnel the compounds and storage facilities required herein. 3. In order to facilitate inspection and audits by authorized CITY personnel, records maintained by TOW CONTRACTOR relative to services provided under this Agreement shall be kept separate and apart from other company records. F. RECORDS RETENTION AND RIGHT TO ACCESS. TOW CONTRACTOR shall preserve and make available for inspection and/or removal for the purpose of copying, all financial records related to performance and billing under the terms of this Agreement, upon five (5) days prior notice. All records shall be maintained for a period of three (3) years after termination of this Agreement. If an audit has been initiated within that three (3) year period, but findings from the audit have not been resolved, the records shall be retained and maintained until resolution of audit findings. G. For monitoring purposes, TOW CONTRACTOR shall submit to CITY'S Tow Agreement Monitor, upon request, a log sheet detailing each tow made by TOW CONTRACTOR during that month, as well as the amount charged and service given for each tow. A copy of the invoice for each tow should accompany the monthly report. H. Failure to comply with the provisions and requirements of Section 5.0 qf this Agreement shall result in suspension from the wrecker rotation until such time as TOW CONTRACTOR corrects such noncompliance. Should TOW CONTRACTOR fail to comply with any of the provisions of this section may, in the discretion of the City Manager, warrant recommending to the City Commission termination of the Certificate of Qualification and Agreement with TOW CONTRACTOR. 17.0 CODE COMPLIANCE CASES. A. When vehicles or trailers are towed from public property, including right-of-ways, after the appropriate notification, TOW CONTRACTOR has the option of destroying the vehicle or keeping it safe for sale pursuant to Sections 713.78 and 715.05, Florida Statutes. CA21 B. TOW CONTRACTOR must proceed in accordance with the provisions set forth in Sections 713.78 and 713.05, Florida Statutes. Any breach thereof shall constitute a breach of this Agreement. C. When vehicles or trailers are towed from private property after receiving the appropriate notification, TOW CONTRACTOR must store the vehicJe or trailer for a minimum period of thirty-five (35) days, after which time TOW CONTRACTOR has the option to destroy or sell the vehicle or trailer pursuant to Section 713.78, Florida Statutes. 18.0 NON-EXCLUSIVITY OF SERVICES. A. The owner or person in possession of the vehicle or trailer which has been involved in an accident or which has been incapacitated in any other manner shall be given the opportunity to contact a wrecker or tow company of his /her choice, as long as the disabled vehicle does not create a hazardous condition and a reasonable response time can be expected. Said person shall also be given the opportunity to have the vehicle or trailer towed to a garage or compound of his/her choice. B. CITY shall not be liable for any charges for moving, towing, and storage of any vehicle or trailer; nor shall CITY be liable for any damages to any vehicle or trailer resulting from TOW CONTRACTOR'S acts or omissions. C. All vehicles and trailers towed under the request of the CITY, including but not limited to the City's Police Department, Code Compliance Division, Public Works Department, Fire Department, shall be governed by this section. 19.0 INDEMNIFICATION AND HOLD HARMLESS CLAUSE. TOW CONTRACTOR shall defend, indemnify and save CITY, its agents, employees, and police. department harmless from and against any and all claims, suits, actions, damages or causes of action whatsoever arising during the term of this Agreement, caused by any act or omission of TOW CONTRACTOR involving bodily injury, loss of life or damage to property, sustained as a result of TOW CONTRACTOR'S duties; and from all costs, attorney's fees, expenses, liabilities, causes of action, investigations, and any administrative or legal proceedings brought therefrom; and from and against all orders, judgments or decrees which may be entered therein. TOW CONTRACTOR shall further defend CITY, its agents, employees and police department in any action brought as a result of the items set forth in this section, and related to performance ofthis contract by TOW CONTRACTOR. In the event any litigation or other legal proceedings shall arise from this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and all costs and expenses incurred therein. 20.0 NON-DISCRIMINATION. TOW CONTRACTOR hereby agrees and acknowledges that in the performance of this CAn Agreement, it will not discriminate, or tolerate or permit discrimination on the basis of race, religion, gender, age, handicap, marital status, political affiliation, national origin, or otherwise with respect to its hiring practices and in the performance of the terms of this Agreement. 21.0 POSTING AND PROVIDING CHARGES OF SERVICES. 1. TOW CONTRACTOR shall prominently post in a conspicuous location at its storage facilities and on its tow vehicles and wreckers, a list of charges, as set forth herein. 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 and trailer towed by TOW CONTRACTOR. 2. TOW CONTRACTOR shall not charge for any service that exceeds such posted or listed amount, nor shall TOW CONTRACTOR perform any service that is not deliniated on such posted or listed schedule without giving the owner or person lawfully in possession a written estimate of the amount that will be due and payable upon completion of the unposted or unlisted service. 22.0 COMPLIANCE WITH LAWS. This Agreement shall be governed by all federal, state, and local laws, regulations, ordinances, and codes, as amended from time to time, and as set forth by any other regulatory agency, including but not limited to, any and all municipal codes, ordinances, or regulations which may govern CITY as a Florida municipal corporation. 23.0 NON-ASSIGNABILITY. The Certificate of Qualification shall not be assigned, sold or transferred in any manner whatsoever. 24.0 DISPOSAL OF VEHICLES. Should TOW CONTRACTOR, as a result of this Agreement, have in its possession any vehicle, trailer, or personal property from therein for a period in excess of ninety (90) days, and be ordered to relinquish such vehicle, trailer or personal property to the City of Boynton Beach Police Department, TOW CONTRACTOR agrees to do so with no additional charges to CITY, other than that specified in this Agreement. 25.0 MODIFICATION OF THIS AGREEMENT. No waiver or modification of this Agreement or any covenant, condition, provision, or limitation contained therein shall be valid absent the execution and approval of a written addendum executed by both parties. No evidence of any waiver or modification shall be offered or received into evidence in any proceeding, arbitration or litigation between the parties to this Agreement, unless such waiver or modification is duly executed as set forth in this Section. 26.0 'ETHICS AND CONDUCT. TOW CONTRACTOR hereby agrees to conduct operations under this Agreement in a courteous, orderly, ethical and businesslike manner. As it is recognized by both parties CAn that this Agreement is sensitive in nature and requires TOW CONTRACTOR and its personnel and employees to work with the public on a daily basis, TOW CONTRACTOR is required to extend common courtesies, including but not limited to: A. Expedite release of vehicle in accordance with the terms of this Agreement; B. Assist the vehicle or trailer owner in retrieving documents from the vehicle or trailer to establish ownership; C. Permit 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; and E. If a dispute occurs, TOW CONTRACTOR 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. 27.0 WRECKER ROTATION LIST PROCEDURE. A. Purpose. The purpose of the wrecker rotation is to have in place a procedure for wrecker call-out on a per incident basis (except Code Compliance). Five separate log books will be utilized and maintained by the CITY'S Communication Division. B. Procedure. 1. Log System a. Logs will be kept based on the breakdown noted: i. Class "A" and "B" Wrecker Companies; 11. Class "c" & "D"Wrecker Companies; and lll. Code Compliance Wrecker Companies (all Class "A"!"B" TOW CONTRACTORS required to participate). IV. City Vehicles Class "A" and "B" and v. City Class "C" & "D" Wrecker Companies b. TOW CONTRACTORS will be filed in alphabetical order, according to corporate name. c. A TOW CONTRACTOR will be called in rotation order from the card file on a per incident basis. 2. Wrecker Response. a. If TOW CONTRACTOR is unable to respond to a call for service, TOW CONTRACTOR will be moved to the end of the list, thereby forfeiting that rotation. b. The CITY official, agent or employee on the scene requesting the wrecker or tow shall determine whether a wrecker remains on the top of the rotation list in the event of cancellation or other circumstances where the wrecker is not used. Said CITY official shall notify the Communications Division upon cancellation of the tow and the tow company will retain their position on the rotation list. c. The next tow company in the rotation will be contacted in the event TOW CONTRACTOR cannot be reached by the CITY'S Communications Division or TOW CONTRACTOR has failed to respond within a reasonable time to a hazardous scene. The City CA24 official, agent or employee shall determine, based on his sole discretion, whether the response time was excessive. d. During the midnight shift, the CITY will reconcile logs on a daily basis, and will gather any reports of problems or incidents that were brought to the attention of the dispatch supervisor, who shall forward the same to the Tow Agreement Monitor within the CITY'S Police Department. 3. Rotation Tracking. a. A manual log will be used by CITY to track all vehicle or trailer tows to include rotation wreckers. b. The log shall contain the date and time of the tow, the tow company, the CITY officer, agent or employee, dispatch, case number, remarks, and a computer check. c. Specific requests from the vehicle or trailer owner or person lawfully in possession will not be charged against the rotation schedule. The request shall be logged as such by CITY in the manual log. If an owner's request cannot be honored for any reason whatsoever, a rotation wrecker will be contacted and so charged on the rotation schedule. 4. Knowledge of Position on Rotation List. a. TOW CONTRACTOR is responsible for knowing its position on the wrecker rotation list. CITY will not provide this information over the telephone. b. The rotation list is public record pursuant to Chapter 119, Florida Statutes, and is available for inspection, by appointment, during regular business hours. 28.0 CODE COMPLIANCE TOWING PROCEDURE. A. Purpose. Standard operating procedure is to be utilized for the removal of vehicles or trailers deemed to be abandoned, unregistered or wrecked as described in Chapter 10, Article ill, Sections 10-50, 10-51 and 10-52 of the City of Boynton Beach Code of Ordinances. The towing of these vehicles is to be at no charge to the CITY. B. Procedure. 1. Tow List. a. Tow lists will be faxed from the Code Compliance Division directly to the tow contractor during the month as needed. All tow lists must be returned to the Code Compliance Division within 7 days of receipt of the request for tow. b. Results of the status of each vehicle or trailer will be noted on the list (i.e. towed, gone-on-arrival, or currently licensed). c. Each TOW CONTRACTOR represented in the rotation system shall supply the name of and accessible contact person and that person's phone number to the Code Compliance Division employee responsible for the tow list. CA25 2. Rotation. a. Wrecker companies shall rotate Code Compliance tows on a monthly basis. b. TOW CONTRACTOR is required to notify CITY'S Code Compliance Division and the empJoyee responsible for the tow list, at least ten (10) days in advance of its month to undertake Code Compliance tows, if said TOW CONTRACTOR is unable to perform such tows as requested by CITY. In the event TOW CONTRACTOR is unable to perform, it shall be moved to the end of the Code Compliance Rotation, and may be subject to penalties as provided in this Agreement. c. TOW CONTRACTOR's failure to perform Code Compliance tows for more than two (2) months during any twelve (12) month period may result in suspension from ALL tow lists for a period of time as determined under the sole discretion of the CITY'S City Manager. C. CITY hereby reserves the right to modify the rotation schedule or procedure for Code Compliance tows under this section of the Agreement in an effort to improve upon the procedure to place Code Compliance tows in the regular rotation or otherwise. 29.0 TERM OF AGREEMENT. This Agreement shall take effect as of the date the Agreement is ratified by Resolution of the City of Boynton Beach City Commission, and shall have a term of two (2) years from that date. This Agreement shall be automatically renewed for one (1) additional year, unless either party provides written notice via certified mail to the other party within thirty (30) days of the end of the yearly term, that the Agreement shall be terminated at the end of the term. 29.1 INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that TOW CONTRACTOR is an independent contractor under this Agreement and not the CITY'S employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. TOW CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out TOW CONTRACTOR'S activities and responsibilities hereunder. TOW CONTRACTOR agrees that it is a separate and independent enterprise from the CITY; that it has full opportunity to find other business; that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the TOW CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by TOW CONTRACTOR, including but not limited to unpaid CA26 minimum wages and/or overtime premiums. 29.2 NOTICE. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the TOW CONTRACTOR and the CITY designate the following as the respective places for giving of notice: CITY: City Manager City of Boynton Beach P.O. Box 310 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 TOW CONTRACTOR: JORDAN WRECKER SERVICE 905 N.W. RAILROAD AVE. #2 BOYNTON BEACH, FL 33436 ATTN: ROBERT G. ROBINSON 29.3 BINDING AUTHORITY. Each person signing this Agreement on behalf of either party individually warrants that he or she has fulllegaI power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 29.4 SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 29.5 GOVERNING LAW. The terms and conditions of this Agreement shall be governed by and interpreted under the laws of the State of Florida. Venue for the purposes of any litigation arising out of this agreement shall be in Palm Beach County, Florida. 29.6 EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between CITY and TOW CONTRACTOR. and supersedes all prior negotiations, representations or agreements, either written or oral. CA27 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY J1~~ City Manager BY: APPROVED AS TO FORM: . ~ ~~Cl- /~[~ /tcs: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared 'K<.cUZf 6a.sspCI"L, as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESSf OF THE FOREGO State and County aforesaid on this cfJl0ctay d ~ I' ...., -&/. / <,. 'i 7' / NOTARY PUBLIC / _ ._/ jl,' t I / --71/-, --- {/\...- V V[.~ My Commission Expires: " ~ NOTARY PUBUC.STATE OF FLORIDA ~ Judith A. Pyle CO~sion #DD421091 Explles: APR. 21, 2009 Bouded Thru Atlantic Bonding Co., Ine. , I have set my hand and official seal at in the -1 2005. CA28 . ~Z'C":R SERVICE BY... -'" ST A TE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments. personally appeared fo b ef?:f- f~h; nscu}. and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is hislher act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this /s.T-day of (It,c,) 2005. ~/h /tdh. NOTARY PUBLIC ",~';}.V'Jt;.'" Barbara M. Madden f ~~"'1i"'fc.-=:' Commission # DD125274 My Comml'ssl'on Expl'res'. ~~\@.~g Expires July 19. 2006 "'7~ f\f;)'f,,~ Bonded 1bru '",'/11\'\\ Atlantic: Bonding Co.. Ine:. CA29 CERTIFICATE OF QUALIFICATION The City of Boynton Beach, hereby issues this Certificate of Qualification to the following company, and hereby certifies that the company named in this certificate is qualified to perform towing services pursuant to the Towing Service Contract approved by the Boynton Beach City Commission. COMPANY NAME: JORDAN WRECKER SERVICE ADDRESS: 905 N. Railroad A venue, No.2 Boynton Beach, FL 33436 PHONE NUMBER: 561-733-5313 CONTACT PERSON: Robert G. Robinson ~ City Manager ATTEST: ~1n Cy Clerk p~ KURT BRESSNER CITY MANAGER BOYNTON BEACH, Fl R05 -0&.10 AGREEMENT FOR VEHICLE TOWING ROTATION PROGRAM The date of this Agreement is the date the last party signs the Agreement as shown on the signature pages and is between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and EASTERN AUTO BODY & GLASS 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: SPECIAL TERMS AND CONDITIONS 1.0 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. 1.1 APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY CITY These rates are the only rates that will be charged vehicle owners under this Agreement: A. TOWING BY ITEM DESCRIPTION (1 ) Class A (cars, vans, light trucks under 10,001 GVW) within City limits; $135.00 per call (2) (3) Motorcycles within the City limits; $135.00 per call Towing outside the City limits for cars, vans, motorcycles, and light trucks 3/4 and less charged only for miles starting where city limit is exited to the final destination. No charge applied within city limits. an additional $6.00 per towed mile CA-I (4) Class B (vehicles 10,001 to 24,000 GVW) within the City limits; (5) Towing outside the City limits for Class B vehicles only for miles starting where city limit is exited to the final destination. (6) Class C vehicles (24,001 to 53,999 GVW) within City limits; (7) Class C vehicles outside City limits only for miles starting where city limit is exited to the final destination. (8) 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 l.2(C). (9) Miscellaneous other charges 4 X 4/off-road vehicle recovery Tarp fee Lowboy service Outside the City limits only for miles starting where city limit is exited to the final destination. No charge applied within city limits. Underwater recovery salvage CA-2 $200.00 per call an additional $7.00 per towed mile $250.00 per call (City vehicle $300.00 all others an additional $8.00 per towed mile $40.00 per half hour $120.00 for the first half hour, and $30.00 per quarter hour thereafter $35.00 per call $175.00 per hour an additional $6.00 per towed mile from City limits $100.00 per hour port to port (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. (11) The foregoing rates shall be adjusted March 1, 2006, based on the reported increase in the consumer price index for the southeastern region of the United States, comparing the index increase from January 2.005 to January 2006. B. STORAGE AND LIEN NOTICE (1) Cars, vans, trucks vessels/trailers less than 25' Outside storage $25.00 per day Inside storage $35.00 per day (2) Vehicles and vessels/trailers over 25' Outside storage Inside storage $35.00 per day $50.00 per day (3) Motorcycles Outside storage Inside storage $15.00 per day $20.00 per day (4) Lien Notice (after 24 hours of storage) $50.00 per vehicle $75.00 max. 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 CA-3 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 $120.00 per hour and $30.00 per each quarter hour after the first hour. scene; (2) Extra man (each) on the scene $60.00 per hour D. ROAD SERVICE For all trucks, cars, vans and other vehicles under and over 3/4 ton, a road service fee of $60.00 per call may be charged to the vehicle owner for services such as assisted start, unlocking a door, delivering gas, tire changes, etc. 1.2 APPROVED TOWING RATES - CITY OWNED OR CITY LEASED VEHICLES A. All CITY owned or CITY leased vehicles Class "A" and "B" will be towed at fifty (50%) percent ofthe standard charge(s) as set forth above. B. All CITY owned or CITY leased vehicles Class "A" and "B" requiring road service as indicated in Section 1.11 of this Agreement will receive such services at fifty (50%) percent of the standard charge(s) as set forth above. C. All 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 and stored at rotation fees. D. All CITY owned or CITY leased vehicles towed under Class "C" or Class "D" will be towed at $250.00 (plus $5.00 per mile for tows more than 1 0 miles from Public Works Compound). E. All vehicles towed at the request of Code Compliance, 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 forth in Section 1.1 of this Agreement. F. City shall be assessed fifty (50%) percent of waiting time charges. G. Companies that cannot or do not respond to City tows will lose their next rotation slot for a retail tow. Documentation will be maintained by City Communications CA-4 1.3 SPECIAL AND ADDITIONAL CHARGES A. WAITING TIME. The cost for waiting time shall not be assessed by TOW CONTRACTOR until forty-five (45) minutes after arrival at the scene. B. LABOR CHARGES. The cost for labor under any circumstances and when applicable shall not be assessed by TOW CONTRACTOR until thirty (30) 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. C. 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. If there is no mechanical connection, there is no loss of the TOW CONTRACTOR'S spot on the rotation list. D. GATE FEE. A gate fee of $35.00 will be charged by TOW CONTRACTOR when an impounded vehicle/vessel is recovered by owner/authorized agent or when owner/agent wishes to recover property from an impounded vehicle/vessel after hours, on weekends or holidays. No gate fee will be charged to retrieve a vehicle/vessel or personal property Monday through Friday from 8:00 a.m to 6:00 p.m. (except holidays). 2.0 ELIGIBILITY. A. To be eligible to respond to this RFQ, TOW CONTRACTOR shall be regularly engaged in the towing business on a full-time basis in Palm Beach County 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). B. TOW CONTRACTOR shall 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. C. 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. D. 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. E. TOW CONTRACTOR shall have and maintain an office and storage facility within the City limits at all times during the term of this agreement. The storage facility shall be in full compliance with the terms of this Agreement, and shall be CA-5 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 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. F. TOW CONTRACTOR must maintain at all times, any licenses or permits required by the State of Florida, Palm Beach County and the City of Boynton Beach in order to conduct business as a wrecker or tow service. Proof of said license shall be submitted prior to the approval of this Agreement. G. TOW CONTRACTOR shall be licensed to do business in the City of Boynton Beach pursuant to Chapter 13 of the Boynton Beach Code of Ordinances. H. At all times during the term of this Agreement, TOW CONTRACTOR, its subsidiaries, agents, employees or representatives shall only appear on the rotation list once. Under no circumstances shall a Tow Contractor who has a business, financial or legal relationship with another Tow Contractor be permitted to have more than one place on the rotation list. 2.1 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 RFQ. Any other information 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 applicant to respond to a requirement, the response should include a reference to the document number and page number. This will provide a quick reference for the evaluators 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 LEGIBLE. IF PROPOSAL IS NOT LEGIBLE, IT WILL NOT BE ACCEPTED. ANY ILLEGIBLE APPLICATIONS THAT ARE RECEIVED WILL BE AUTOMATICALLY DISQUALIFIED AND WILL NOT BE CONSIDERED. CA-6 2.2 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 service for the removal of vehicles within the City of Boynton Beach when required and when dispatched or required by the City of 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. C. 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. D. At an accident scene, TOW CONTRACTOR shall remove from the street and surrounding area all broken glass and other debris resulting from the accident. E. 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. However, if the tow is cancelled, the tow company will retain their position in the rotation. 2.3 SPECIFICATIONS FOR WRECKERS. A. TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to two (2) CLASS "A" TOWlNGIRECOVERY VEHICLES meeting the specifications set forth in Palm Beach County code. B. TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS liB" TOWINGIRECOVERY VEHICLE, meeting the specifications set forth in Palm Beach County code. C. 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" TOWINGIRECOVERY VEHICLE meeting the specifications set forth in Palm Beach county code. . D. Class "C" and/or "D" TOW CONTRACTORS must have the ability to tow an aerial fire truck that is approximately 64,000 pounds GVW, any sanitation truck, and a Track Excavator that is approximately 30 tons. CA-7 E. TOW CONTRACTOR shall own, lease, or mortgage and have immediate access to at least one (1) motorcycle trailer. F. EACH AND EVERY tow huck or recovery vehicle must be outfitted with the following supplies and equipment: 1. 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; 3. One (1) heavy-duty push broom; 4. A flood light on the hoist; 5. One (1) flat-nose shovel; 6. One (1) ax; 7. One (1) crowbar; 8. At least one (1), five (5) pound Carbon dioxide fire extinguisher with a current inspection tag. The fire extinguisher must be an approved type; 9. One (1) pair of bolt cutters; 10. One (1) set of jumper cables; 11. One (1) four-wait lug wrench; 12. One (1) high-intensity flashlight; 13. One (1) set of red highway reflectors; 14. Five (5) thirty minute flares; 15. Each wrecker and tow vehicle shall contain a telephone or radio communications system to enable continuous direct contact between the driver and the office of TOW CONTRACTOR; and 16. Each vehicle shall be specifically designed, constructed and equipped for the towing of vehicles, and shall at all times, be properly maintained in a mechanically safe condition. CA-S G. To be awarded and to maintain a certificate of qualification, a Class "A"/"B" TOW CONTRACTOR shall have in operational condition at the time the certificate of qualification is awarded and for the duration of this agreement at least two (2) Class "A" wreckers, and one (1) Class "B" wrecker. H. TOW CONTRACTOR shall have available at all times, sufficient equipment to perform all services required herein on a timely and responsible basis. TOW CONTRACTOR shall notify CITY in the event any of the required equipment, as set forth in this Agreement, is inoperable, sold, levied upon, repossessed or attached. 3.0 STANDARDS OF CONDUCT FOR TOW CONTRACTORS. A. TOW 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 requirements. B. TOW CONTRACTOR shall be the holder of a general towing and wrecker service license issued by Palm Beach County and shall be the holder or any licenses required by Florida law and the City of Boynton Beach. C. Each wrecker shall be manned by a driver who must meet the following qualifications: 1. Possesses a valid State of Florida required Commercial Drivers License (CDL); 2. Possess knowledge of the layout of streets and roadways within the City of Boynton Beach; and 3. Be physically qualified to perform the normal and everyday tasks required of a tow truck operator. D. TOW CONTRACTOR shall ensure that each driver operates the company's equipment in a safe and proper manner in accordance with operating manuals and Florida Statutes. Upon receipt of a complaint from the City of Boynton Beach Police Department on a driver's unsafe, unlawful or improper operation, documented corrective action must be taken by TOW CONTRACTOR. 4.0 FACILITIES. TOW CONTRACTOR shall maintain a storage facility for all impounded vehicles. There shall be an outside, enclosed area and an inside storage area. All facilities shall be located within the City limits and be owned or leased by TOW CONTRACTOR. TOW CONTRACTOR's storage facilities cannot be relocated without written consent from CITY. Should TOW CONTRACTOR relocate without obtaining said consent, the relocation shall constitute a breach of this Tow Agreement. CA-9 1. OFFICE FACILITIES. It shall be the duty of TOW CONTRACTOR to maintain office facilities: a. to include telephone and restroom facilities, and a work area containing, for example, a desk, phone, facsimile machine, computer, etc.; b. with a physical plant having the name of the company and the mailing address and 24-hour phone number clearly painted; c. that are accessible to CITY officials at anytime, 24 hours a day, 7 days a week; and d. that maintains a radio communication system at all times, 24 hours per day, 7 days a week. TOW CONTRACTOR shall not utilize any phone answering services(s), as said services are strictly prohibited under the terms of this Agreement, and use of such services shall constitute a breach thereof. 2. OUTSIDE STORAGE a. Outside storage shall be kept and maintained to provide for the removal of junk, tires, and auto parts; the regular trimming of all shrubbery, bushes, trees and grass areas (along fence line and on property); and adequate drainage to prevent standing water. b. Outside storage areas 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 a fence or wall, including all gates, doors, or roofed open areas shall be equipped with not less than twelve (12) inches of barbed wire installed in such a manner as to discourage access over the top. of such a fence or wall. All fences and walls shall be maintained in good repair throughout the term of this Agreement. Any damage to such walls or fences shall be repaired within twenty-four (24) hours of its occurrence. c. The area must have a vehicle storage capacity of at least twenty-five (25) vehicles. This storage will predominantly be utilized for accident tows, designated "HOLD," confiscated, and evidence vehicles. A secondary storage area may be located within a ten (10) mile radius of the City of Boynton Beach, and may be utilized for Code Compliance-related tows. 3. INSIDE STORAGE. TOW CONTRACTOR shall be capable of storing up to three (3) vehicles in inside storage, and shall maintain at least one (1) inside storage space that shall meet the following specifications: a. a working area of 9' X 20' per vehicle with at least an eight (8') foot high ceiling; CAJO b. a paved floor (i.e. concrete, asphalt) that is free from dirt, standing water and vegetation; c. an electrical lighting source sufficient to permit processing of a vehicle; and d. one (1) outside window or a ventilation system. 4. CRIME SCENE, CONFISCATED, SPECIAL "HOLD" STORAGE a. Any vehicle towed or 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 be stored to prevent physical contamination or degradable evidence from deteriorating, and by inside storage. If inside storage is not available, CONTRACTOR shall surrender the tow and fee to the next Contractor in rotation. This shall not prevent CITY from removing the vehicle or trailer and storing it at a City-owned or controlled facility br at another Tow Contractor's storage compound. c. If laboratory work on a crime scene vehicle 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 such compound for whatever period of time necessary, in order to properly process the vehicle and conduct any investigation necessary. Vehicles towed by the Police Department such as Impounds for Investigative/Evidence purposes; the City is responsible for payment of storage at City rates. The Owner shall NOT be charf!ed for any storaf!e fees. e. Confiscated vehicles or vehicles involved in litigation shall be protected from the elements, preferably at an inside storage facility, as to maintain the vehicle in its condition at the time of towing. This shall not prevent CITY :from removing the vehicle and storing the vehicle at a City owned or controlled facility or at another Tow Contractor's facility. f. City of Boynton Beach Police Department personnel shall be permitted access to all such vehicles at all times. 5.0 PERFORMANCE PROBATION PERIOD. A. 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 evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the standards set forth in this Agreement, the City Commission may, upon the recommendation of City staff, by written notice setting forth the default under the CAll Agreement terms, revoke the Certificate of Qualification. If performance is acceptable at the end of the probationary period described herein, TOW CONTRACTOR will be so notified by the City. B. Should the City Commission revoke a Certificate of Qualification within the three (3) month probationary period, another Certificate of Qualification may be awarded to an eligible company as determined by the City Commission. 5.1 ROLE OF CITY MANAGER AS TO PENAL TIES. The City Manager for CITY shall have the power to formally reprimand TOW CONTRACTOR, suspend the Certificate of Qualification, suspend activities of TOW CONTRACTOR under the terms of this Agreement, recommend to the City Commission revocation of the Certificate of Qualification, and recommend to the City Commission that this Agreement with TOW CONTRACTOR be terminated. 5.1.1 FORMAL REPRIMAND. Upon review of materials provided to him/her by City staff, the City Manager may issue a written reprimand to TOW CONTRACTOR for any act or omission, which in his/her sole discretion, is deemed to be a violation of this Agreement. A written reprimand for an act or omission in violation of the terms of this Agreement shall be grounds for recommending termination of the Certificate of Qualification should the City Manager deem such action to be appropriate under the circumstances. 5.1.2 REVOCATION. In the event any criteria for qualifications established by this Agreement are violated by a Certificate Holder (TOW CONTRACTOR), CITY may serve written notice upon Certificate Holder of the recommended revocation of the Certificate of Qualification and/or termination of the Agreement. However, any and all liabilities of TOW CONTRACTOR and the surety for acts, omissions, or violations occurring prior to the date of cancellation shall not be affected, waived or otherwise as a result of the cancellation. In the event City Manager for CITY recommends revocation of the Certificate of Qualification and/or termination of the Agreement with TOW CONTRACTOR, such a recommendation shall be considered by the City Commission for CITY. 5.1.3 COMPLAINTS AGAINST TOW CONTRACTOR. TOW CONTRACTOR hereby agrees that any complaints received by CITY concerning the performance of TOW CONTRACTOR'S duties under this Agreement and otherwise shall be referred to the City Manager of the City of Boynton Beach. The failure of TOW CONTRACTOR to follow any subsequent reasonable instruction of the City Manager regarding any complaint will be considered a material breach of this Agreement and the awarded Certificate of Qualification, and shall be cause for termination thereof. 5.1.4 REPUTABILITY. Lack of reputability shall be cause for revocation of a Certificate of Qualification and shall include, but not be limited to the following: CA42 A. Misstatements concerning the conviction of any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; B. Retaining any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; C. Retaining any officer, employee or agent convicted of any felony or first degree misdemeanor directly related to the business and/or operation of a wrecker, when that person's civil rights have not been restored. For the purpose of this Agreement, any offense involving peIjury, false statement or theft shall be considered to be directly related to the business operation of a wrecker. D. Retaining any officer, employee or agent convicted ofthe offense of driving under the influence of alcohol or any other controlled substance to the extent that normal faculties are impaired; of the offense of driving a vehicle and having an unlawful blood alcohol level; or of any other criminal traffic offense. 5.1.5 SUSPENSION Should at any time during the term of this Agreement, including during any option terms, the tow company be in. violation of any of the terms and conditions of this Agreement, the City Manager or his or her designated agent shall have the right to suspend the company until the violation is resolved to the satisfaction of City staff. If the violation is not promptly resolved or is of such a serious nature that the City Manager determines that suspension is inadequate, the City Manager reserves the right to recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR for cause. Should at any time during the term of this Agreement, including during any option terms, TOW CONTRACTOR or its principals become the subject of a criminal investigation, the City Manager shall have the right to suspend TOW CONTRACTOR's Certificate of Qualification pending the outcome of any criminal investigation and trial, should one result. Upon the conclusion of a criminal investigation that does not result in criminal charges against TOW CONTRACTOR or its principals, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR, or the City Manager may lift the suspension, thereby reinstating the Certificate of Qualification to TOW CONTRACTOR. If an adjudication of guilt is entered against TOW CONTRACTOR at the conclusion of a trial or via plea bargaining with the State, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR or City Manager may reinstate. 6.0 COMMERCIALL Y MANUFACTURED EQUIPMENT. A. Each tow truck, recovery vehicle and all equipment owned, leased, or mortgaged by TOW CONTRACTOR shall be commercially manufactured and shall conform to the requirements set forth herein or be approved by CITY or its designee. B. Each tow truck, recovery vehicle, and all equipment utilized by TOW CAB CONTRACTOR shall be maintained in good mechanical condition at all times. C. Each tow truck, recovery vehicle, and all equipment is subject to inspection by CITY or its designee at all times during the term of this Agreement. D. No vehicle of TOW CONTRACTOR shall be used as an emergency vehicle, except when the circumstances justify the use of the vehicle in that manner. (i.e. flashing lights are to be used only when necessary). 6.1 MARKINGS. TOW CONTRACTOR agrees to have no markings on vehicles, buildings, or correspondence that indicates or tends to indicate any official relationship between TOW CONTRACTOR and the City of Boynton Beach. 7.0 SITE CLEAN-UP. TOW CONTRACTOR shall, at no cost to CITY, the public or the owner of the towed vehicle or trailer, promptly remove all debris from the public street, sidewalks, parks, and property of CITY; and shall remove the same to a proper place for disposal if the accident scene is, will or has been served by TOW CONTRACTOR, its agents or employees. The owner of the vehicle or trailer towed may be charged pursuant to the rate schedules set forth in this Agreement for the clean-up of hazardous wastes, chemicals, construction debris and spilled loads. 8.0 EMPLOYEES. TOW CONTRACTOR agrees to maintain, and upon request, provide to the City of Boynton Beach Police Department the following information on all officers, employees, agents, and servants, and to be responsible for keeping the information accurate and current: name, address, date of birth, driver's license number, social security number, and photograph. TOW CONTRACTOR agrees that the owner(s) of the company or the officers of the company, if a corporation, shall be personally responsible for the acts of their employees, while said employees are on-duty. TOW CONTRACTOR further acknowledges and agrees to notify its employees that CITY may run drivers license histories on any driver at any time with or without cause. 9.0 TWO OR MORE APPLICATIONS UNDER DIFFERENT NAMES RECEIVED FROM ONE PROPOSER. If more than one application is submitted by anyone proposer, by or in the name of his or their clerk, partner, or other persons, and it is determined by CITY staff that such applicant is under single, identical, or substantially the same ownership, all such applications will be rejected. If the above described dual ownership is not revealed until the contract term has begun, said action shall constitute grounds for revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR. 10.0 RESPONSE TIME. A. TOW CONTRACTOR shall, at the request of the CITY Police Department or other CITY official requesting tow truck service at any time of the day or night, arrive at the scene with the appropriate equipment within the following time limit CA44 depending upon the vehicle class requested: CLASS A CLASS B CLASS C 30 minutes from request 30 minutes from request 45 minutes from request B. TOW CONTRACTOR assumes all liability in meeting the required class response time, including but not limited to, any and all damages resulting from traffic accidents and motor vehicle infraction fines occurring after the response time limit has expired. C. In the event TOW CONTRACTOR fails to respond in a timely manner, the department of CITY requesting the service shall document the untimeliness, and forward said writing to the Agreement Administrator. D. The following penalties shall apply should any TOW CONTRACTOR fail to respond within the class response time set forth in Section 3.1 (A) of this Agreement or skip any tow directed by the City of Boynton Beach. Within a 12 month period 1. 1st offense 2. 2nd offense 3. 3rd offense and greater Penalty Certified letter of warning One (1) month suspension Termination of Agreement with CITY and revocation of certificate of qualification E. TOW CONTRACTOR may appeal a suspension of two (2) months or more to the City Commission, and if TOW CONTRACTOR can show by substantial and competent evidence that extenuating circumstances beyond TOW CONTRACTOR's control caused the failure to timely respond, the suspension may be lifted by the City Commission. F. All appeals must be made in writing to the City Manager within thirty (30) days of the action, and shall fully set forth the basis for the appeal. Suspensions shall not be stayed during any pending appeals. G. City Manager recommendation for termination of this agreement and revocation of the certificate of qualification under this section requires consideration and action by the City Commission. 11.0 SUBCONTRACTING. TOW CONTRACTOR shall not subcontract its services to secure additional wreckers or storage space required under this Agreement. TOW CONTRACTOR must own, lease, or mortgage the vehicles, equipment and storage space required under this Agreement. Evidence of ownership of all vehicles is required. All registrations of vehicles are due at the time of submitting this RFQ. CAl5 12.0 BENEFITS FROM REPAIRS. A. In the event TOW CONTRACTOR holding a certificate of qualification operates an automobile repair and/or automobile paint and body repair business, TOW CONTRACTOR shall provide written notification to the owner or representative of the owner of the vehicle towed under the provisions of this Agreement, that there is no obligation to have any automobile, vehicle or trailer repairs and/or automobile, vehicle or trailer paint and body work done by TOW CONTRACTOR. B. TOW CONTRACTOR shall notifY CITY in wntIng of any and all repairs completed on vehicles, automobiles, trucks, and trailers by TOW CONTRACTOR towing a vehicle under the provisions of this Agreement. The written notification to vehicle owner that there is no obligation to have TOW CONTRACTOR undertake any repairs to the vehicle shall be included. 13.0 INSURANCE REQUIREMENTS. A. TOW CONTRACTOR'S liability insurance policies shall name the CITY as an additional insured. B. During the term of this Agreement, TOW CONTRACTOR shall have in effect insurance with those limits specified in this Section. Copies of said insurance policy or certificate of insurance must be furnished to CITY's Purchasing Department and Risk Management Department immediately after approval of Agreement by the City Commission. CITY may request proof of insurance or the name and phone number of insurer at any time during the term of the Agreement, and TOW CONTRACTOR must respond with said proof of insurance within five (5) days of the request. Failure to provide the proof of insurance required in this section or the name and phone number of insurer as requested shall result in automatic suspension of the certificate of qualification and may be grounds for termination of this Agreement with TOW CONTRACTOR. C. TOW CONTRACTOR shall supply CITY with a Certificate of Insurance for the coverages and limits as shown in this Section. A thirty (30) day cancellation clause in favor of CITY shall be included in the Policy and the Certificate. D. TOW CONTRACTOR, at its own cost and expense, shall keep in force at all times, and shall maintain the following during the terms of this Agreement: 1. Comprehensive General Liability Insurance with minimum limits of coverage of One Million ($1,000,000.00) Dollars per incident Combined Single Limit for Bodily Injury Liability and Property Damage Liability. 2. Automobile Liability Insurance coverage in the minimum amount of Three Hundred Thousand ($300,000.00) Dollars per person/per incident and property damage coverage of One Hundred Thousand ($100,000.00) Dollars per incident. 3. Garage Keeper's Legal Liability Insurance coverage In the mInImUm CAH amount of Seventy-five Thousand ($75,000.00) Dollars to protect owners of any and all vehicles and trailers towed or stored by TOW CONTRACTOR pursuant to this Agreement, from any loss or damage to such vehicle or trailer on account of such removal or storage. E. TOW CONTRACTOR shall provide CITY with Certificate(s) of Insurance on all policies of insurance and renewals thereof in a form acceptable to CITY. Each policy shall provide that CITY as an additional insured, and that the CITY shall be notified by the insurer in writing of any cancellation at least thirty (30) days prior to the effective date of cancellation. F. Each and every insurance policy must be issued by companies acceptable to CITY'S Risk Management, and licensed, qualified and authorized to do business in the State of Florida. All policies must be at lease six (6) months in duration. G. Each TOW CONTRACTOR shall show proof of the insurance required under this Section prior to the issuance of a Certificate of Qualification. TOW CONTRACTOR shall not commence operation under the term of this Agreement, until certification or proof of insurance, detailing terms and provisions of coverage, has been received, reviewed, and approved by CITY. H. TOW CONTRACTOR agrees to maintain, at its own cost and expense, worker's compensation coverage required by the State. 13.1 TOW CONTRACTOR'S LIABILITY. A. TOW CONTRACTOR shall be liable for any towed vehicle and property contained therein. B. TOW CONTRACTOR or its employee, representative, or agent shall inventory all personal property contained in each vehicle towed. The Tow companies are relieved of liability for property inside of the vehicle that was not listed on the inventory report completed by the officer on the scene. C. The inventory shall be made in triplicate and shall be signed by the person composing it. One copy shall be given to the owner or person in possession of the vehicle, or shall be securely attached to the vehicle; one copy shall be forwarded to the Boynton Beach Police Department, and the final copy shall be retained by TOW CONTRACTOR. 13.2 NON-LIABILITY OF CITY FOR TOWED VEHICLES. CITY shall not be responsible or liable in any manner whatsoever for either the collection or payment of any charges for services rendered, including towing and storage. 14.0 ACCESSIBILITY OF STORAGE FACILITIES. TOW CONTRACTOR agrees that all storage areas shall be accessible between the hours of 8:00 A.M. and 6:00 P.M., Monday through Friday and 9 A.M. and 12 PM, Saturday; therefore the Gate Fee shall not be charged during the applicable business hours. CAl7 Authorized personnel of TOW CONTRACTOR shall be available during such times to assure that the obligations and services, including retrieval of stored vehicles by the public, required of TOW CONTRACTOR are available and fulfilled. Accordingly, there shall be no "gate fees" charged to the CITY for retrieving or gaining access to a vehicle in storage. There will be a $40.00 gate fee charged to any individual(s) or other entity retrieving a vehicle from storage. 14.1 PROTECTION OF VEHICLES AND PROPERTY. A. Vehicles and trailers stored in enclosed areas shall be stored under "lock and key." B. TOW CONTRACTOR 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. C. TOW CONTRACTOR 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. 14.2 INSPECTION OF FACILITIES. A. Storage facilities shall be subject to inspection and shall be approved by CITY prior to award of the Certificate of Qualification and the execution of this Agreement. Storage facilities shall be subject to periodic inspections during the term of Agreement when deemed necessary by the City Manager's office or the CITY'S Police Department. B. Notice of any deficiencies or violations of this Agreement discovered by CITY with respect to storage facilities shall be submitted to TOW CONTRACTOR in writing, and TOW CONTRACTOR shall remedy the same within ten (10) days of receipt of such notice. The Agreement may be terminated and the Certificate of Qualification revoked, or suspended at the option of the CITY. 14.3 RELEASES OF VEHICLES AND PERSONAL PROPERTY. A. TOW CONTRACTOR agrees to release any vehicle or trailer that has not been marked "HOLD." Any vehicle or trailer marked "HOLD" shall not be released without the prior written consent of the City of Boynton Beach Police Department. B. All persons applying for release of the vehicle or trailer from TOW CONTRACTOR shall present adequate proof of ownership or right to possession. Upon release, TOW CONTRACTOR shall give a receipt and itemized statement indicating all charges related to the impounding of the vehicle or trailer to the owner or person entitled to possession. C. Rightful owners shall be able to retrieve their towed vehicle or trailer from TOW CONTRACTOR twenty-four (24) hours a day, seven (7) days a week, including legal holidays, provided the appropriate documentation has been filed. D. Any vehicle or trailer declared to be abandoned, junk or constituting a nuisance CAl.S may only be released under the authority of the Boynton Beach Police Department. E. Any customer contacting TOW CONTRACTOR by telephone or otherwise prior to customer's arrival at the storage site shall be advised of the following by TOW CONTRACTOR: 1. each and every document or other item needed to retrieve vehicle; 2. exact charges at the time of contact and any additional charges that may accumulate subsequent to contact and before retrieval; 3. acceptable methods of payment; and 4. the hours and days that the storage site is open for regular business. F. If all matters are in order, customer shall be returned to possession of the towed vehicle or trailer within thirty (30) minutes of the request. 14.4 PERSONAL PROPERTY LOSS. A. CITY shall not be responsible for any loss or damage to vehicles to trailers, to any personal property contained therein, or to any vehicle accessories, regardless of the cause of such damage or loss. TOW CONTRACTOR shall hold CITY harmless as to any claims, suits or actions alleging such loss or damage. Personal property found in vehicles or trailers that have been stored by TOW CONTRACTOR shall not be sold or disposed of in any way to defray any charges for storage or towing. B. TOW CONTRACTOR shall be held accountable for all personal property and vehicle accessories inventoried at the time the vehicle or trailer is towed, while the vehicle is stored at TOW CONTRACTOR'S storage facility , and while TOW CONTRACTOR disposes of junk, abandoned and nuisance vehicles. TOW CONTRACTOR shall make restitution to owner for all such losses occurring by theft, fire, or other damage. 14.5 DESTINATION OF TOWED VEHICLE. TOW CONTRACTOR shall not move any vehicle or trailer to any location (specified at time of tow) other than that designated by a CITY Police Officer or other authorized CITY representative, or owner or person in possession of vehicle. ALL CITY owned or leased vehicles towed from a location within Palm Beach County shall be towed, as requested to CITY property. Each and every vehicle towed from within the city limits shall be towed to a storage facility within the city limits of Boynton Beach, Florida, and shall remain at that location for at least seven (7) days. 15.0 RADIO COMMUNICATION. A. All towing vehicles and wreckers must be equipped with two-way radio or telephone communication. The range of the communication system shall, at a minimum, extend throughout the Boynton Beach city limits. Accordingly, the base station for the above equipment must be strong and powerful enough to provide city-wide coverage. A citizens band radio is insufficient to meet thisdrequirement. CA19 B. Any radio communication shall, at no time, be tuned into any police frequencies. C. Guidelines of the Federal Communication Commission (FCC) shall prevail. D. TOW CONTRACTOR shall, at all times, have a competent employee(s) manning the communication system. E. TOW CONTRACTOR shall provide a 24-hour emergency telephone number to be answered by a TOW CONTRACTOR employee designated to respond to emergency calls for service. This service is in addition to the communication system required in subsections 4.5(A)-(D) above, and is necessary so that TOW CONTRACTOR can provide timely and efficient service 24 hours a day, seven days a week. 16.0 REPORTS AND RECORDKEEPING. A. TOW CONTRACTOR shall make available upon request to the CITY'S Police Department, weekly reports of vehicles and trailers towed at the request of the Police Department. The written reports will be designed and supplied by CITY and the following information shall be provided thereon: 1. Name and owner of driver; 2. model and make of vehicle or trailer; 3. license plate number; 4. vehicle identification number; 5. time, date and location of tow; 6. circumstances requiring tow; 7. whether or not a "HOLD" was placed on the vehicle by the Police Department; 8. time dispatched to scene and time of arrival; 9. storage facility where vehicle is stored; and 10. the date, time and name of employee releasing the vehicle. B. TOW CONTRACTOR shall make available upon request by the CITY'S Police Department, a complete and detailed listing of all vehicles and trailers which have been impounded or stored for periods of thirty (30) days or more. Form to be provided by the CITY. Any vehicle or trailer that has not been claimed for a period of thirty (30) days from the towing of the vehicle, shall be reported in writing to the Police Department. C. Services related to CITY owned or leased vehicles or trailers shall be logged and forwarded by TOW CONTRACTOR on a monthly basis to the CITY Public Works Director. All such logs shall identify the vehicle or trailer towed, the location from which it was towed, and the hours and dates applicable to TOW CONTRACTOR'S services with respect to those vehicles or trailers. The "service ticket" shall include the signature of the authorized CITY employee approving towing of the CITY vehicle or trailer. TOW CONTRACTOR shall provide such information, until such time as a form is provided to it by CITY, which then must be completed by TOW CONTRACTOR. CA20 D. TOW CONTRACTOR shall maintain at its place of business records containing the following information: 1. a vehicle storage receipt of each vehicle on the premises; 2. a monthly log of all calls for service by the Police Department; 3. a notification log indicating the date, time and method of notification to the registered owner of the stored vehicle or trailer; and 4. A daily log setting forth a list of all vehicles towed, as well as information on each vehicle as required by Section 5.0(A) ofthis Agreement. E. INSPECTIONS. 1. TOW CONTRACTOR shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services relative to this Agreement. 2. TOW CONTRACTOR shall make available for inspection by authorized CITY personnel the compounds and storage facilities required herein. 3. In order to facilitate inspection and audits by authorized CITY personnel, records maintained by TOW CONTRACTOR relative to services provided under this Agreement shall be kept separate and apart from other company records. F. RECORDS RETENTION AND RIGHT TO ACCESS. TOW CONTRACTOR shall preserve and make available for inspection and/or removal for the purpose of copying, all financial records related to performance and billing under the terms of this Agreement, upon five (5) days prior notice. All records shall be maintained for a period of three (3) years after termination of this Agreement. If an audit has been initiated within that three (3) year period, but findings from the audit have not been resolved, the records shall be retained and maintained until resolution of audit findings. G. For monitoring purposes, TOW CONTRACTOR shall submit to CITY'S Tow Agreement Monitor, upon request, a log sheet detailing each tow made by TOW CONTRACTOR during that month, as well as the amount charged and service given for each tow. A copy of the invoice for each tow should accompany the monthly report. H. Failure to comply with the provisions and requirements of Section 5.0 of this Agreement shall result in suspension from the wrecker rotation until such time as TOW CONTRACTOR corrects such noncompliance. Should TOW CONTRACTOR fail to comply with any of the provisions of this section may, in the discretion of the City Manager, warrant recommending to the City Commission termination of the Certificate of Qualification and Agreement with TOW CONTRACTOR. 17.0 CODE COMPLIANCE CASES. A. When vehicles or trailers are towed from public property, including right-of-ways, after the appropriate notification, TOW CONTRACTOR has the option of destroying the vehicle or keeping it safe for sale pursuant to Sections 713.78 and 715.05, Florida Statutes. CAll B. TOW CONTRACTOR must proceed in accordance with the provisions set forth in Sections 713.78 and 713.05, Florida Statutes. Any breach thereof shall constitute a breach of this Agreement. C. When vehicles or trailers are towed from private property after receiving the appropriate notification, TOW CONTRACTOR must store the vehicle or trailer for a minimum period of thirty-five (35) days, after which time TOW CONTRACTOR has the option to destroy or sell the vehicle or trailer pursuant to Section 713.78, Florida Statutes. 18.0 NON-EXCLUSIVITY OF SERVICES. A. The owner or person in possession of the vehicle or trailer which has been involved in an accident or which has been incapacitated in any other manner shall be given the opportunity to contact a wrecker or tow company of his/her choice, as long as the disabled vehicle does not create a hazardous condition and a reasonable response time can be expected. Said person shall also be given the opportunity to have the vehicle or trailer towed to a garage or compound of his/her choice. B. CITY shall not be liable for any charges for moving, towing, and storage of any vehicle or trailer; nor shall CITY be liable for any damages to any vehicle or trailer resulting from TOW CONTRACTOR'S acts or omissions. C. All vehicles and trailers towed under the request of the CITY, including but not limited to the City's Police Department, Code Compliance Division, Public Works Department, Fire Department, shall be governed by this section. 19.0 INDEMNIFICATION AND HOLD HARMLESS CLAUSE. TOW CONTRACTOR shall defend, indemnify and save CITY, its agents, employees, and police department harmless from and against any and all claims, suits, actions, damages or causes of action whatsoever arising during the term of this Agreement, caused by any act or omission of TOW CONTRACTOR involving bodily injury, loss of life or damage to property, sustained as a result of TOW CONTRACTOR'S duties; and from all costs, attorney's fees, expenses, liabilities, causes of action, investigations, and any administrative or legal proceedings brought therefrom; and from and against all orders, judgments or decrees which may be entered therein. TOW CONTRACTOR shall further defend CITY, its agents, employees and police department in any action brought as a result of the items set forth in this section, and related to performance ofthis contract by TOW CONTRACTOR. In the event any litigation or other legal proceedings shall arise from this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and all costs and expenses incurred therein. 20.0 NON-DISCRIMINATION. TOW CONTRACTOR hereby agrees and acknowledges that in the performance of this CAn Agreement, it will not discriminate, or tolerate or permit discrimination on the basis of race, religion, gender, age, handicap, marital status, political affiliation, national origin, or otherwise with respect to its hiring practices and in the performance of the terms of this Agreement. 21.0 POSTING AND PROVIDING CHARGES OF SERVICES. 1. TOW CONTRACTOR shall prominently post in a conspicuous location at its storage facilities and on its tow vehicles and wreckers, a list of charges, as set forth herein. 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 and trailer towed by TOW CONTRACTOR. 2. TOW CONTRACTOR shall not charge for any service that exceeds such posted or listed amount, nor shall TOW CONTRACTOR perform any service that is not deliniated on such posted or listed schedule without giving the owner or person lawfully in possession a written estimate of the amount that will be due and payable upon completion of the unposted or unlisted service. 22.0 COMPLIANCE WITH LAWS. This Agreement shan be governed by all federal, state, and local laws, regulations, ordinances, and codes, as amended from time to time, and as set forth by any other regulatory agency, including but not limited to, any and all municipal codes, ordinances, or regulations which may govern CITY as a Florida municipal corporation. 23.0 NON-ASSIGNABILITY. The Certificate of Qualification shall not be assigned, sold or transferred in any manner whatsoever. . 24.0 DISPOSAL OF VEHICLES. Should TOW CONTRACTOR, as a result of this Agreement, have in its possession any vehicle, trailer, or personal property from therein for a period in excess of ninety (90) days, and be ordered to relinquish such vehicle, trailer or personal property to the City of Boynton Beach Police Department, TOW CONTRACTOR agrees to do so with no additional charges to CITY, other than that specified in this Agreement. ' 25.0 MODIFICATION OF THIS AGREEMENT. No waiver or modification of this Agreement or any covenant, condition, provision, or limitation contained therein shall be valid absent the execution and approval of a written addendum executed by both parties. No evidence of any waiver or modification shall be offered or received into evidence in any proceeding, arbitration or litigation between the parties to this Agreement, unless such waiver or modification is duly executed as set forth in this Section. 26.0 ETHICS AND CONDUCT. TOW CONTRACTOR hereby agrees to conduct operations under this Agreement in a courteous, orderly, ethical and businesslike manner. As it is recognized by both parties CA23 that this Agreement is sensitive in nature and requires TOW CONTRACTOR and its personnel and employees to work with the public on a daily basis, TOW CONTRACTOR is required to extend common courtesies, including but not limited to: A. Expedite release of vehicle in accordance with the terms of this Agreement; B. Assist the vehicle or trailer owner in retrieving documents from the vehicle or trailer to establish ownership; C. Permit 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; and E. If a dispute occurs, TOW CONTRACTOR 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. 27.0 WRECKER ROTATION LIST PROCEDURE. A. Purpose. The purpose of the wrecker rotation is to have in place a procedure for wrecker call-out on a per incident basis (except Code Compliance). Five separate log books will be utilized and maintained by the CITY'S Communication Division. B. Procedure. 1. Log System a. Logs will be kept based on the breakdown noted: i. Class "A" and "B" Wrecker Companies; 11. Class "C" & "D"Wrecker Companies; and Ill. Code Compliance Wrecker Companies (all Class "A"I"B" TOW CONTRACTORS required to participate). IV. City Vehicles Class "A" and "B" and v. City Class "c" & "D" Wrecker Companies b. TOW CONTRACTORS will be filed in alphabetical order, according to corporate name. c. A TOW CONTRACTOR will be called in rotation order from the card file on a per incident basis. 2. Wrecker Response. a. If TOW CONTRACTOR is unable to respond to a call for service, TOW CONTRACTOR will be moved to the end of the list, thereby forfeiting that rotation. b. The CITY official, agent or employee on the scene requesting the wrecker or tow shall determine whether a wrecker remains on the top of the rotation list in the event of cancellation or other circumstances where the wrecker is not used. Said CITY official shall notify the Communications Division upon cancellation of the tow and the tow company will retain their position on the rotation list. c. The next tow company in the rotation will be contacted in the event TOW CONTRACTOR cannot be reached by the CITY'S Communications Division or TOW CONTRACTOR has failed to respond within a reasonable time to a hazardous scene. The City CA24 official, agent or employee shall determine, based on his sole discretion, whether the response time was excessive. d. During the midnight shift, the CITY will reconcile logs on a daily basis, and will gather any reports of problems or incidents that were brought to the attention of the dispatch supervisor, who shall forward the same to the Tow Agreement Monitor within the CITY'S Police Department. 3. Rotation Tracking. a. A manual log will be used by CITY to track all vehicle or trailer tows to include rotation wreckers. b. The log shall contain the date and time of the tow, the tow company, the CITY officer, agent or employee, dispatch, case number, remarks, and a computer check. c. Specific requests from the vehicle or trailer owner or person lawfully in possession will not be charged against the rotation schedule. The request shall be logged as such by CITY in the manual log. If an owner's request cannot be honored for any reason whatsoever, a rotation wrecker will be contacted and so charged on the rotation schedule. 4. Knowledge of Position on Rotation List. a. TOW CONTRACTOR is responsible for knowing its position on the wrecker rotation list. CITY will not provide this infoimation over the telephone. b. The rotation list is public record pursuant to Chapter 119, Florida Statutes, and is available for inspection, by appointment, during regular business hours. 28.0 CODE COMPLIANCE TOWING PROCEDURE. A. Purpose. Standard operating procedure is to be utilized for the removal of vehicles or trailers deemed to be abandoned, unregistered or wrecked as described in Chapter 10, Article ill, Sections 10-50, 10-51 and 10-52 of the City of Boynton Beach Code of Ordinances. The towing of these vehicles is to be at no charge to the CITY. B. Procedure. 1. Tow List. a. Tow lists will be faxed from the Code Compliance Division directly to the tow contractor during the month as needed. All tow lists must be returned to the Code Compliance Division within 7 days of receipt of the request for tow. b. Results of the status of each vehicle or trailer will be noted on the list (i.e. towed, gone-on-arrival, or currently licensed). c. Each TOW CONTRACTOR represented in the rotation system shall supply the name of and accessible contact person and that person's phone number to the Code Compliance Division employee responsible for the tow list. CA25 2. Rotation. a. Wrecker companies shall rotate Code Compliance tows on a monthly basis. b. TOW CONTRACTOR is required to notify CITY'S Code Compliance Division and the employee responsible for the tow list, at least ten (10) days in advance of its month to undertake Code Compliance tows, if said TOW CONTRACTOR is unable to perform such tows as requested by CITY. In the event TOW CONTRACTOR is unable to perform, it shall be moved to the end of the Code Compliance Rotation, and may be subject to penalties as provided in this Agreement. C. TOW CONTRACTOR's failure to perform Code Compliance tows for more than two (2) months during any twelve (12) month period may result in suspension from ALL tow lists for a period of time as determined under the sole discretion of the CITY'S City Manager. C. CITY hereby reserves the right to modify the rotation schedule or procedure for Code Compliance tows under this section of the Agreement in an effort to improve upon the procedure to place Code Compliance tows in the regular rotation or otherwise. 29.0 TERM OF AGREEMENT. This Agreement shall take effect as of the date the Agreement is ratified by Resolution of the City of Boynton Beach City Commission, and shall have a term of two (2) years from that date. This Agreement shall be automatically renewed for one (1) additional year, unless either party provides written notice via certified mail to the other party within thirty (30) days of the end of the yearly term, that the Agreement shall be terminated at the end of the term. 29.1 INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that TOW CONTRACTOR is an independent contractor under this Agreement and not the CITY'S employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. TOW CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out TOW CONTRACTOR'S activities and responsibilities hereunder. TOW CONTRACTOR agrees that it is a separate and independent enterprise from the CITY; that it has full opportunity to find other business; that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the TOW CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by TOW CONTRACTOR, including but not limited to unpaid CA26 minimum wages and/or overtime premiums. 29.2 NOTICE. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the TOW CONTRACTOR and the CITY designate the following as the respective places for giving of notice: CITY: City Manager City of Boynton Beach P.O. Box 310 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 TOW CONTRACTOR: EASTERN AUTO BODY & GLASS, INC. 417 N.E. 6TH AVE BOYNTON BEACH, FL 33435 A TTN: DAVID FLOERING 29.3 BINDING AUTHORITY. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 29.4 SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 29.5 GOVERNING LAW. The terms and conditions of this Agreement shall be governed by and interpreted under the laws of the State of Florida. Venue for the purposes of any litigation arising out of this agreement shall be in Palm Beach County, Florida. 29.6 EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between CITY and TOW CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. CAn IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY i~ City Manager BY: STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared '1rttr2T 8L?E-Ss/{/CA?, as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESSf OF THE FOREGO State and County aforesaid on this ~ day of 2005. NOTARY PUBLIC (~-?Li'_-- ~~ My Commission EXPir/ t-<C~OTARY PUBUC C!T....... t. ."'U\lf. OF FLORIDA ~ Judith A. Pyle COfl?JDission #D042J091 .Expll'es: APH. 2J. 2009 Bonded ThnJ Atlandc Bondini Ce., IDe. and official seal at in the CA28 BY: STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared totS. u . d F I ~~I2/f}1' and acknowledged he/she executed the foregoing Agreement for the use and purposes entIoned III It, and that the instrument is his/her act and deed. IN WITNESS OF THE FOR,EGOING, I have set my hand and official seal at in the State and County aforesaid on this I <S7day of '\J k?- 2005. ~uJt.r ./k~ ",,,",, BarbaraM Madden NOTARY PUBLIC ",~y PfI.'" . f'$;i~~ Commission:# DD125274 :~\ r~= Expires July 19. 2006 ~~...: ~~ Bonded 1bru My Commission Expires: ""9,~,~;\\\' Atlantic Bonding Co.. Inc. CA29 CERTIFICATE OF QUALIFICATION The City of Boynton Beach, hereby issues this Certificate of Qualification to the following company, and hereby certifies that the company named in this certificate is qualified to perform towing services pursuant to the Towing Service Contract approved by the Boynton Beach City Commission. COMP ANY NAME: EASTERN AUTO BODY & GLASS, INC. ADDRESS: 417 NE 6th Avenue Boynton Beach, FL 33435 PHONE NUMBER: 561-369-4356 CONTACT PERSON: David Floering City Manager ATTEST: KURT BRESSNER CITY MANAGER BOYNTON BEACH, Fl Ro~ -0'-10 AGREEMENT FOR VEHICLE TOWING ROTATION PROGRAM The date of this Agreement is the date the last party signs the Agreement as shown on the signature pages and is between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and SCOTT'S TOWING & TRANSPORT, INC. 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: SPECIAL TERMS AND CONDITIONS 1.0 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. 1.1 APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY CITY These rates are the only rates that will be charged vehicle owners under this Agreement: A. TOWING BY ITEM DESCRIPTION (1) Class A (cars, vans, light trucks under 10,001 GVW) within City limits; $135.00 per call (2) (3) Motorcycles within the City limits; $135.00 per call Towing outside the City limits for cars, vans, motorcycles, and light trucks 3/4 and less charged only for miles starting where city limit is exited to the final destination. No charge applied within city limits. an additional $6.00 per towed mile CA-I (4) Class B (vehicles 10,001 to 24,000 GVW) within the City limits; (5) Towing outside the City limits for Class B vehicles only for miles starting where city limit is exited to the final destination. (6) Class C vehicles (24,00lto 53,999 GVW) within City limits; (7) Class C vehicles outside City limits only for miles starting where city limit is exited to the final destination. (8) 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). (9) Miscellaneous other charges 4 X 4/off-road vehicle recovery Tarp fee Lowboy service Outside the City limits only for miles starting where city limit is exited to the final destination. No charge applied within city limits. Underwater recovery salvage CA-2 $200.00 per call an additional $7.00 per towed mile $250.00 per call (City vehicle $300.00 all others an additional $8.00 per towed mile $40.00 per half hour $120.00 for the first half hour, and $30.00 per quarter hour thereafter $35.00 per call $175.00 per hour an additional $6.00 per towed mile from City limits $100.00 per hour port to port (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. (11) The foregoing rates shall be adjusted March 1,2006, based on the reported increase in the consumer price index for the southeastern region of the United States, comparing the index increase from January 2005 to January 2006. B. STORAGE AND LIEN NOTICE (1) Cars, vans, trucks vessels/trailers less than 25' Outside storage $25.00 per day Inside storage $35.00 per day (2) Vehicles and vessels/trailers over 25' Outside storage Inside storage $35.00 per day $50.00 per day (3) Motorcycles Outside storage Inside storage $15.00 per day $20.00 per day (4) Lien Notice (after 24 hours of storage) $50.00 per vehicle $75.00 max. 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. CA-3 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 $120.00 per hour and $30.00 per each quarter hour after the first hour. scene; (2) Extra man (each) on the scene $60.00 per hour D. ROAD SERVICE For all trucks, cars, vans and other vehicles under and over 3/4 ton, a road service fee of $60.00 per call may be charged to the vehicle owner for services such as assisted start, unlocking a door, delivering gas, tire changes, etc. 1.2 APPROVED TOWING RATES - CITY OWNED OR CITY LEASED VEHICLES A. All CITY owned or CITY leased vehicles Class "A" and "B" will be towed at fifty (50%) percent of the standard charge(s) as set forth above. B. All CITY owned or CITY leased vehicles Class "A" and "B" requiring road service as indicated in Section 1.11 of this Agreement will receive such services at fifty (50%) percent of the standard charge(s) as set forth above. C. All 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 and stored at rotation fees. D. All CITY owned or CITY leased vehicles towed under Class "C" or Class "D" will be towed at $250.00 (plus $5.00 per mile for tows more than 10 miles from Public Works Compound). E. All vehicles towed at the request of Code Compliance, 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 forth in Section 1.1 of this Agreement. F. City shall be assessed fifty (50%) percent of waiting time charges. G. Companies that cannot or do not respond to City tows will lose their next rotation slot for a retail tow. Documentation will be maintained by City Communications CA-4 1.3 SPECIAL AND ADDITIONAL CHARGES A. WAITING TIME. The cost for waiting time shall not be assessed by TOW CONTRACTOR until forty-five (45) minutes after arrival at the scene. B. LABOR CHARGES. The cost for labor under any circumstances and when applicable shall not be assessed by TOW CONTRACTOR until thirty (30) minutes have expired after arrival at the scene. Labor charge must be clearly shown on the tow receipt with a written explanation ofthe labor charge. C. 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. If there is no mechanical connection, there is no loss of the TOW CONTRACTOR'S spot on the rotation list. D. GATE FEE. A gate fee of $35.00 will be charged by TOW CONTRACTOR when an impounded vehicle/vessel is recovered by owner/authorized agent or when owner/agent wishes to recover property from an impounded vehicle/vessel after hours, on weekends or holidays. No gate fee will be charged to retrieve a vehicle/vessel or personal property Monday through Friday from 8:00 a.m to 6:00 p.m. (except holidays). 2.0 ELIGIBILITY. A. To be eligible to respond to this RFQ, TOW CONTRACTOR shall be regularly engaged in the towing business on a full-time basis in Palm Beach County 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). B. TOW CONTRACTOR shall 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. C. 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. D. 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. E. TOW CONTRACTOR shall have and maintain an office and storage facility within the City limits at all times during the term of this agreement. The storage facility shall be in full compliance with the terms of this Agreement, and shall be CA-5 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 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. F. TOW CONTRACTOR must maintain at all times, any licenses or permits required by the State of Florida, Palm Beach County and the City of Boynton Beach in order to conduct business as a wrecker or tow service. Proof of said license shall be submitted prior to the -approval of this Agreement. G. TOW CONTRACTOR shall be licensed to do business in the City of Boynton Beach pursuant to Chapter 13 of the Boynton Beach Code of Ordinances. H. At all times during the term of this Agreement, TOW CONTRACTOR, its subsidiaries, agents, employees or representatives shall only appear on the rotation list once. Under no circumstances shall a Tow Contractor who has a business, financial or legal relationship with another Tow Contractor be permitted to have more than one place on the rotation list. 2.1 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 RFQ. Any other information 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 applicant to respond to a requirement, the response should include a reference to the document number and page number. This will provide a quick reference for the evaluators 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 LEGIBLE. IF PROPOSAL IS NOT LEGIBLE. IT WILL NOT BE ACCEPTED. ANY ILLEGIBLE APPLICATIONS THAT ARE RECEIVED WILL BE AUTOMATICALLY DISQUALIFIED AND WILL NOT BE CONSIDERED. CA-6 2.2 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 service for the removal of vehicles within the City of Boynton Beach when required and when dispatched or required by the City of 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. C. 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. D. At an accident scene, TOW CONTRACTOR shall remove from the street and surrounding area all broken glass and other debris resulting from the accident. E. 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. However, if the tow is cancelled, the tow company will retain their position in the rotation. 2.3 SPECIFICATIONS FOR WRECKERS. A. 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 meeting the specifications set forth in Palm Beach County code. B. TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS "B" TOWINGIRECOVERY VEHICLE, meeting the specifications set forth in Palm Beach County code. C. Should TOW CONTRACTOR desire to be placed on the Class "e" 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" TOWINGIRECOVERY VEHICLE meeting the specifications set forth in Palm Beach county code. D. Class "C" and/or "D" TOW CONTRACTORS must have the ability to tow an aerial fire truck that is approximately 64,000 pounds GVW, any sanitation truck, and a Track Excavator that is approximately 30 tons. CA-7 E. TOW CONTRACTOR shall own, lease, or mortgage and have immediate access to at least one (1) motorcycle trailer. F. EACH AND EVERY tow truck or recovery vehicle must be outfitted with the following supplies and equipment: 1. 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; 3. One (I) heavy-duty push broom; 4. A flood light on the hoist; 5. One (1) flat-nose shovel; 6. One (1) ax; 7 _ One (1) crowbar; 8. At least one (I), five (5) pound Carbon dioxide fire extinguisher with a current inspection tag. The fire extinguisher must be an approved type; 9. One (1) pair of bolt cutters; 10. One (1) set of jumper cables; 11. One (1) four-wait lug wrench; 12. One (1) high-intensity flashlight; 13. One (1) set of red highway reflectors; 14. Five (5) thirty minute flares; 15. Each wrecker and tow vehicle shall contain a telephone or radio communications system to enable continuous direct contact between the driver and the office of TOW CONTRACTOR; and 16. Each vehicle shall be specifically designed, constructed and equipped for the towing of vehicles, and shall at all times, be properly maintained in a mechanically safe condition. CA-8 G. To be awarded and to maintain a certificate of qualification, a Class "A"/"B" TOW CONTRACTOR shall have in operational condition at the time the certificate of qualification is awarded and for the duration of this agreement at least two (2) Class "A" wreckers, and one (1) Class "B" wrecker. H. TOW CONTRACTOR shall have available at all times, sufficient equipment to perform all services required herein on a timely and responsible basis. TOW CONTRACTOR shall notify CITY in the event any of the required equipment, as set forth in this Agreement, is inoperable, sold, levied upon, repossessed or attached. 3.0 STANDARDS OF CONDUCT FOR TOW CONTRACTORS. A. TOW 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 requirements. B. TOW CONTRACTOR shall be the holder of a general towing and wrecker service license issued by Palm Beach County and shall be the holder or any licenses required by Florida law and the City of Boynton Beach. C. Each wrecker shall be manned by a driver who must meet the following qualifications: 1. Possesses a valid State of Florida required Commercial Drivers License (CDL); 2. Possess knowledge of the layout of streets and roadways within the City of Boynton Beach; and 3. Be physically qualified to perform the normal and everyday tasks required of a tow truck operator. D. TOW CONTRACTOR shall ensure that each driver operates the company's equipment in a safe and proper manner in accordance with operating manuals and Florida Statutes. Upon receipt of a complaint from the City of Boynton Beach Police Department on a driver's unsafe, unlawful or improper operation, documented corrective action must be taken by TOW CONTRACTOR. 4.0 FACILITIES. TOW CONTRACTOR shall maintain a storage facility for all impounded vehicles. There shall be an outside, enclosed area and an inside storage area. All facilities shall be located within the City limits and be owned or leased by TOW CONTRACTOR. TOW CONTRACTOR's storage facilities cannot be relocated without written consent from CITY. Should TOW CONTRACTOR relocate without obtaining said consent, the relocation shall constitute a breach of this Tow Agreement. CA-9 1. OFFICE FACILITIES. It shall be the duty of TOW CONTRACTOR to maintain office facilities: a. to include telephone and restroom facilities, and a work area containing, for example, a desk, phone, facsimile machine, computer, etc.; b. with a physical plant having the name of the company and the mailing address and 24-hour phone number clearly painted; c. that are accessible to CITY officials at anytime, 24 hours a day, 7 days a week; and d. that maintains a radio communication system at all times, 24 hours per day, 7 days a week. TOW CONTRACTOR shall not utilize any phone answering services(s), as said services are strictly prohibited under the terms of this Agreement, and use of such services shall constitute a breach thereof. 2. OUTSIDE STORAGE a. Outside storage shall be kept and maintained to provide for the removal of junk, tires, and auto parts; the regular trimming of all shrubbery, bushes, trees and grass areas (along fence line and on property); and adequate drainage to prevent standing water. b. Outside storage areas 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 a fence or wall, including all gates, doors, or roofed open areas shall be equipped with not less than twelve (12) inches of barbed wire installed in such a manner as to discourage access over the top of such a fence or wall. All fences and walls shall be maintained in good repair throughout the term of this Agreement. Any damage to such walls or fences shall be repaired within twenty-four (24) hours of its occurrence. c. The area must .have a vehicle storage capacity of at least twenty-five (25) vehicles. This storage will predominantly be utilized for accident tows, designated "HOLD," confiscated, and evidence vehicles. A secondary storage area may be located within a ten (10) mile radius of the City of Boynton Beach, and may be utilized for Code Compliance-related tows. 3. INSIDE STORAGE. TOW CONTRACTOR shall be capable of storing up to three (3) vehicles in inside storage, and shall maintain at least one (1) inside storage space that shall meet the following specifications: a. a working area of 9' X 20' per vehicle with at least an eight (8') foot high ceiling; CAW b. a paved floor (i.e. concrete, asphalt) that is free from dirt, standing water and vegetation; c. an electrical lighting source sufficient to permit processing of a vehicle; and d. one (1) outside window or a ventilation system. 4. CRIME SCENE, CONFISCATED, SPECIAL "HOLD" STORAGE a. Any vehicle towed or 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 be stored to prevent physical contamination or degradable evidence from deteriorating, and by inside storage. If inside storage is not available, CONTRACTOR shall surrender the tow and fee to the next Contractor in rotation. This shall not prevent CITY :from removing the vehicle or trailer and storing it at a City-owned or controlled facility'or at another Tow Contractor's storage compound. c. If laboratory work on a crime scene vehicle 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 such compound for whatever period of time necessary, in order to properly process the vehicle and conduct any investigation necessary. Vehicles towed by the Police Department such as Impounds for Investigative/Evidence purposes; the City is responsible for payment of storage at City rates. The Owner shall NOT be charl!ed for any storal!e fees. e. Confiscated vehicles or vehicles involved in litigation shall be protected from the elements, preferably at an inside storage facility, as to maintain the vehicle in its condition at the time of towing. This shall not prevent CITY from removing the vehicle and storing the vehicle at a City owned or controlled facility or at another Tow Contractor's facility. f. City of Boynton Beach Police Department personnel shall be permitted access to all such vehicles at all times. 5.0 PERFORMANCE PROBATION PERIOD. A. 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 evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the standards set forth in this Agreement, the City Commission may, upon the recommendation of City staff, by written notice setting forth the default under the CAl.I Agreement terms, revoke the Certificate of Qualification. If performance is acceptable at the end of the probationary period described herein, TOW CONTRACTOR will be so notified by the City. B. Should the City Commission revoke a Certificate of Qualification within the three (3) month probationary period, another Certificate of Qualification may be awarded to an eligible company as determined by the City Commission. 5.1 ROLE OF CITY MANAGER AS TO PENALTIES. The City Manager for CITY shall have the power to formally reprimand TOW CONTRACTOR, suspend the Certificate of Qualification, suspend activities of TOW CONTRACTOR under the terms of this Agreement, recommend to the City Commission revocation of the Certificate of Qualification, and recommend to the City Commission that this Agreement with TOW CONTRACTOR be terminated. 5.1.1 FORMAL REPRIMAND. Upon review of materials provided to him/her by City staff, the City Manager may issue a written reprimand to TOW CONTRACTOR for any act or omission, which in his/her sole discretion, is deemed to be a violation of this Agreement. A written reprimand for an act or omission in vi'olation of the terms of this Agreement shall be grounds for recommending termination of the Certificate of Qualification should the City Manager deem such action to be appropriate under the circumstances. 5.1.2 REVOCATION. In the event any criteria for qualifications established by this Agreement are violated by a Certificate Holder (TOW CONTRACTOR), CITY may serve written notice upon Certificate Holder of the recommended revocation of the Certificate of Qualification and/or termination of the Agreement. However, any and all liabilities of TOW CONTRACTOR and the surety for acts, omissions, or violations occurring prior to the date of cancellation shall not be affected, waived or otherwise as a result of the cancellation. In the event City Manager for CITY recommends revocation of the Certificate of Qualification and/or termination of the Agreement with TOW CONTRACTOR, such a recommendation shall be considered by the City Commission for CITY. 5.1.3 COMPLAINTS AGAINST TOW CONTRACTOR. TOW CONTRACTOR hereby agrees that any complaints received by CITY concerning the performance of TOW CONTRACTOR'S duties under this Agreement and otherwise shall be referred to the City Manager of the City of Boynton Beach. The failure of TOW CONTRACTOR to follow any subsequent reasonable instruction of the City Manager regarding any complaint will be considered a material breach of this Agreement and the awarded Certificate of Qualification, and shall be cause for termination thereof. 5.1.4 REPUTABILITY. Lack of reputability shall be cause for revocation of a Certificate of Qualification and shall include, but not be limited to the following: CA12 A. Misstatements concerning the conviction of any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; B. Retaining any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; C. Retaining any officer, employee or agent convicted of any felony or first degree misdemeanor directly related to the business and/or operation of a wrecker, when that person's civil rights have not been restored. For the purpose of this Agreement, any offense involving peIjury, false statement or theft shall be considered to be directly related to the business operation of a wrecker. D. Retaining any officer, employee or agent convicted of the offense of driving under the influence of alcohol or any other controlled substance to the extent that normal faculties are impaired; of the offense of driving a vehicle and having an unlawful blood alcohol level; or of any other criminal traffic offense. 5.1.5 SUSPENSION Should at any time during the term of this Agreement, including during any option terms, the tow company be in violation of any ofthe terms and conditions of this Agreement, the City Manager or his or her designated agent shall have the right to suspend the company until the violation is resolved to the satisfaction of City staff. If the violation is not promptly resolved or is of such a serious nature that the City Manager determines that suspension is inadequate, the City Manager reserves the right to recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR for cause. Should at any time during the term of this Agreement, including during any option terms, TOW CONTRACTOR or its principals become the subject of a criminal investigation, the City Manager shall have the right to suspend TOW CONTRACTOR's Certificate of Qualification pending the outcome ~f any criminal investigation and trial, should one result. Upon the conclusion of a criminal investigation that does not result in criminal charges against TOW CONTRACTOR or its principals, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR, or the City Manager may lift the suspension, thereby reinstating the Certificate of Qualification to TOW CONTRACTOR. If an adjudication of guilt is entered against TOW CONTRACTOR at the conclusion of a trial or via plea bargaining with the State, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR or City Manager may reinstate. 6.0 COMMERCIALLY MANUFACTURED EQUIPMENT. A. Each tow truck, recovery vehicle and all equipment owned, leased, or mortgaged by TOW CONTRACTOR shall be commercially manufactured and shall conform to the requirements set forth herein or be approved by CITY or its designee. B. Each tow truck, recovery vehicle, and all equipment utilized by TOW CAB CONTRACTOR shall be maintained in good mechanical condition at all times. C. Each tow truck, recovery vehicle, and all equipment is subject to inspection by CITY or its designee at all times during the term of this Agreement. D. No vehicle of TOW CONTRACTOR shall be used as an emergency vehicle, except when the circumstances justify the use of the vehicle in that manner. (i.e. flashing lights are to be used only when necessary). 6.1 MARKINGS. TOW CONTRACTOR agrees to have no markings on vehicles, buildings, or correspondence that indicates or tends to indicate any official relationship between TOW CONTRACTOR and the City of Boynton Beach. 7.0 SITE CLEAN-UP. TOW CONTRACTOR shall, at no cost to CITY, the public or the owner of the towed vehicle or trailer, promptly remove all debris from the public street, sidewalks, parks, and property of CITY; and shall remove the same to a proper place for disposal if the accident scene is, will or has been served by TOW CONTRACTOR, its agents or employees. The owner of the vehicle or trailer towed may be charged pursuant to the rate schedules set forth in this Agreement for the clean-up of hazardous wastes, chemicals, construction debris and spilled loads. 8.0 EMPLOYEES. TOW CONTRACTOR agrees to maintain, and upon request, provide to the City of Boynton Beach Police Department the following information on all officers, employees, agents, and servants, and to be responsible for keeping the information accurate and current: name, address, date of birth, driver's license number, social security number, and photograph. TOW CONTRACTOR agrees that the owner(s) of the company or the officers of the company, if a corporation, shall be personally responsible for the acts of their employees, while said employees are on-duty. TOW CONTRACTOR further acknowledges and agrees to notify its employees that CITY may run drivers license histories on any driver at any time with or without cause. 9.0 TWO OR MORE APPLICATIONS UNDER DIFFERENT NAMES RECEIVED FROM ONE PROPOSER. If more than one application is submitted by anyone proposer, by or in the name of his or their clerk, partner, or other persons, and it is determined by CITY staff that such applicant is under single, identical, or substantially the same ownership, all such applications will be rejected. If the above described dual ownership is not revealed until the contract term has begun, said action shall constitute grounds for revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR. 10.0 RESPONSE TIME. A. TOW CONTRACTOR shall, at the request of the CITY Police Department or other CITY official requesting tow truck service at any time of the day or night, arrive at the scene with the appropriate equipment within the following time limit CA1.4 depending upon the vehicle class requested: CLASS A CLASS B CLASS C 30 minutes from request 30 minutes from request 45 minutes from request B. TOW CONTRACTOR assumes all liability in meeting the required class response time, including but not limited to, any and all damages resulting from traffic accidents and motor vehicle infraction fines occurring after the response time limit has expired. C. In the event TOW CONTRACTOR fails to respond in a timely manner, the department of CITY requesting the service shall document the untimeliness, and forward said writing to the Agreement Administrator. D. The following penalties shall apply should any TOW CONTRACTOR fail to respond within the class response time set forth in Section 3.1 (A) of this Agreement or skip any tow directed by the City of Boynton Beach. Within a 12 m'Onth period 1. 1st offense 2. 2nd offense 3. 3rd offense and greater Penalty Certified letter of warning One (1) month suspension Termination of Agreement with CITY and revocation of certificate of qualification E. TOW CONTRACTOR may appeal a suspension of two (2) months or more to the City Commission, and if TOW CONTRACTOR can show by substantial and competent evidence that extenuating circumstances beyond TOW CONTRACTOR's control caused the failure to timely respond, the suspension may be lifted by the City Commission. F. All appeals must be made in writing to the City Manager within thirty (30) days of the action, and shall fully set forth the basis for the appeal. Suspensions shall not be stayed during any pending appeals. G. City Manager recommendation for termination of this agreement and revocation of the certificate of qualification under this section requires consideration and action by the City Commission. 11.0 SUBCONTRACTING. TOW CONTRACTOR shall not subcontract its services to secure additional wreckers or storage space required under this Agreement. TOW CONTRACTOR must own, lease, or mortgage the vehicles, equipment and storage space required under this Agreement. Evidence of ownership of all vehicles is required. All registrations of vehicles are due at the time of submitting this RFQ. CAt 5 12.0 BENEFITS FROM REPAIRS. A. In the event TOW CONTRACTOR holding a certificate of qualification operates an automobile repair and/or automobile paint and body repair business, TOW CONTRACTOR shall provide written notification to the owner or representative of the owner of the vehicle towed under the provisions of this Agreement, that there is no obligation to have any automobile, vehicle or trailer repairs and/or automobile, vehicle or trailer paint and body work done by TOW CONTRACTOR. B. TOW CONTRACTOR shall notify CITY in wntmg of any and all repairs completed on vehicles, automobiles, trucks, and trailers by TOW CONTRACTOR towing a vehicle under the provisions of this Agreement. The written notification to vehicle owner that there is no obligation to have TOW CONTRACTOR undertake any repairs to the vehicle shall be included. 13.0 INSURANCE REQUIREMENTS. A. TOW CONTRACTOR'S liability insurance policies shall name the CITY as an additional insured. B. During the term of this Agreement, TOW CONTRACTOR shall have in effect insurance with those limits specified in this Section. Copies of said insurance policy or certificate of insurance must be furnished to CITY's Purchasing Department and Risk Management Department immediately after approval of Agreement by the City Commission. CITY may request proof of insurance or the name and phone number of insurer at any time during the term of the Agreement, and TOW CONTRACTOR must respond with said proof of insurance within five (5) days of the request. Failure to provide the proof of insurance required in this section or the name and phone number of insurer as requested shall result in automatic suspension of the certificate of qualification and may be grounds for termination of this Agreement with TOW CONTRACTOR. C. TOW CONTRACTOR shall supply CITY with a Certificate of Insurance for the coverages and limits as shown in this Section. A thirty (30) day cancellation clause in favor of CITY shall be included in the Policy and the Certificate. D. TOW CONTRACTOR, at its own cost and expense, shall keep in force at all times, and shall maintain the following during the terms of this Agreement: 1. Comprehensive General Liability Insurance with minimum limits of coverage of One Million ($1,000,000.00) Dollars per incident Combined Single Limit for Bodily Injury Liability and Property Damage Liability. 2. Automobile Liability Insurance coverage in the minimum amount of Three Hundred Thousand ($300,000.00) Dollars per person/per incident and property damage coverage of One Hundred Thousand ($100,000.00) Dollars per incident. 3. Garage Keeper's Legal Liability Insurance coverage III the mInImUm CA.J.6 amount of Seventy-five Thousand ($75,000.00) Dollars to protect owners of any and all vehicles and trailers towed or stored by TOW CONTRACTOR pursuant to this Agreement, from any loss or damage to such vehicle or trailer on account of such removal or storage. E. TOW CONTRACTOR shall provide CITY with Certificate(s) of Insurance on all policies of insurance and renewals thereof in a form acceptable to CITY. Each policy shall provide that CITY as an additional insured, and that the CITY shall be notified by the insurer in writing of any cancellation at least thirty (30) days prior to the effective date of cancellation. F. Each and every insurance policy must be issued by companies acceptable to CITY'S Risk Management, and licensed, qualified and authorized to do business in the State of Florida. All policies must be at lease six (6) months in duration. G. Each TOW CONTRACTOR shall show proof of the insurance required under this Section prior to the issuance of a Certificate of Qualification. TOW CONTRACTOR shall not commence operation under the term of this Agreement, until certification or proof of insurance, detailing terms and provisions of coverage, has lreen received, reviewed, and approved by CITY. H. TOW CONTRACTOR agrees to maintain, at its own cost and expense, worker's compensation coverage required by the State. 13.1 TOW CONTRACTOR'S LIABILITY. A. TOW CONTRACTOR shall be liable for any towed vehicle and property contained therein. B. TOW CONTRACTOR or its employee, representative, or agent shall inventory all personal property contained in each vehicle towed. The Tow companies are relieved of liability for property inside of the vehicle that was not listed on the inventory report completed by the officer on the scene. C. The inventory shall be made in triplicate and shall be signed by the person composing it. One copy shall be given to the owner or person in possession ofthe vehicle, or shall be securely attached to the vehicle; one copy shall be forwarded to the Boynton Beach Police Department, and the final copy shall be retained by TOW CONTRACTOR. 13.2 NON-LIABILITY OF CITY FOR TOWED VEHICLES. CITY shall not be responsible or liable in any manner whatsoever for either the collection or payment of any charges for services rendered, including towing and storage. 14.0 ACCESSIBILITY OF STORAGE FACILITIES. TOW CONTRACTOR agrees that all storage areas shall be accessible between the hours of 8:00 A.M. and 6:00 P.M., Monday through Friday and 9 A.M. and 12 PM, Saturday; therefore the Gate Fee shall not be charged during the applicable business hours. CA .J.7 Authorized personnel of TOW CONTRACTOR shall be available during such times to assure that the obligations and services, including retrieval of stored vehicles by the public, required of TOW CONTRACTOR are available and fulfilled. Accordingly, there shall be no "gate fees" charged to the CITY for retrieving or gaining access to a vehicle in storage. There will be a $40.00 gate fee charged to any individual(s) or other entity retrieving a vehicle from storage. 14.1 PROTECTION OF VEHICLES AND PROPERTY. A. Vehicles and trailers stored in enclosed areas shall be stored under "lock and key." B. TOW CONTRACTOR 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. C. TOW CONTRACTOR 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. 14.2 INSPECTION OF FACILITIES. A. Storage facilities shall be subject to inspection and shall be approved by CITY prior to award of the Certificate of Qualification and the execution of this Agreement. Storage facilities shall be subject to periodic inspections during the term of Agreement when deemed necessary by the City Manager's office or the CITY'S Police Department. B. Notice of any deficiencies or violations of this Agreement discovered by CITY with respect to storage facilities shall be submitted to TOW CONTRACTOR in writing, and TOW CONTRACTOR shall remedy the same within ten (10) days of receipt of such notice. The Agreement may be terminated and the Certificate of Qualification revoked, or suspended at the option of the CITY. 14.3 RELEASES OF VEHICLES AND PERSONAL PROPERTY. A. TOW CONTRACTOR agrees to release any vehicle or trailer that has not been marked "HOLD." Any vehicle or trailer marked "HOLD" shall not be released without the prior written consent of the City of Boynton Beach Police Department. B. All persons applying for release of the vehicle or trailer from TOW CONTRACTOR shall present adequate proof of ownership or right to possession. Upon release, TOW CONTRACTOR shall give a receipt and itemized statement indicating all charges related to the impounding of the vehicle or trailer to the owner or person entitled to possession. C. Rightful owners shall be able to retrieve their towed vehicle or trailer from TOW CONTRACTOR twenty-four (24) hours a day, seven (7) days a week, including legal holidays, provided the appropriate documentation has been filed. D. Any vehicle or trailer declared to be abandoned, junk or constituting a nuisance CA18 may only be released under the authority of the Boynton Beach Police Department. E. Any customer contacting TOW CONTRACTOR by telephone or otherwise prior to customer's arrival at the storage site shall be advised of the following by TOW CONTRACTOR: 1. each and every document or other item needed to retrieve vehicle; 2. exact charges at the time of contact and any additional charges that may accumulate subsequent to contact and before retrieval; 3. acceptable methods of payment; and 4. the hours and days that the storage site is open for regular business. F. If all matters are in order, customer shall be returned to possession of the towed vehicle or trailer within thirty (30) minutes ofthe request. 14.4 PERSONAL PROPERTY LOSS. A. CITY shall not be responsible for any loss or damage to vehicles to trailers, to any personal property contained therein, or to any vehicle accessories, regardless of the cause of such damage or loss. TOW CONTRACTOR shall hold CITY harmless as to any claims, suits or actions alleging such loss or damage. Personal property found in vehicles or trailers that have been stored by TOW CONTRACTOR shall not be sold or disposed of in any way to defray any charges for storage or towing. B. TOW CONTRACTOR shall be held accountable for all personal property and vehicle accessories inventoried at the time the vehicle or trailer is towed, while the vehicle is stored at TOW CONTRACTOR'S storage facility , and while TOW CONTRACTOR disposes of junk, abandoned and nuisance vehicles. TOW CONTRACTOR shall make restitution to owner for all such losses occurring by theft, fire, or other damage. 14.5 DESTINATION OF TOWED VEHICLE. TOW CONTRACTOR shall not move any vehicle or trailer to any location (specified at time of tow) other than that designated by a CITY Police Officer or other authorized CITY representative, or owner or person in possession of vehicle. ALL CITY owned or leased vehicles towed from a location within Palm Beach County shall be towed, as requested to CITY property. Each and every vehicle towed from within the city limits shall be towed to a storage facility within the city limits of Boynton Beach, Florida, and shall remain at that location for at least seven (7) days. 15.0 RADIO COMMUNICATION. A. All towing vehicles and wreckers must be equipped with two-way radio or telephone communication. The range of the communication system shall, at a minimum, extend throughout the Boynton Beach city limits. Accordingly, the base station for the above equipment must be strong and powerful enough to provide city-wide coverage. A citizens band radio is insufficient to meet this requirement. CAJ9 B. Any radio communication shall, at no time, be tuned into any police frequencies. C. Guidelines of the Federal Communication Commission (FCC) shall prevail. D. TOW CONTRACTOR shall, at all times, have a competent employee(s) manning the communication system. E. TOW CONTRACTOR shall provide a 24-hour emergency telephone number to be answered by a TOW CONTRACTOR employee designated to respond to emergency calls for service. This service is in addition to the communication system required in subsections 4.5(A)-(D) above, and is necessary so that TOW CONTRACTOR can provide timely and efficient service 24 hours a day, seven days a week. 16.0 REPORTS AND RECORDKEEPING. A. TOW CONTRACTOR shall make available upon request to the CITY'S Police Department, weekly reports of vehicles and trailers towed at the request of the Police Department. The written reports will be designed and supplied by CITY and the following information shall be provided thereon: 1. Name and owner of driver; 2. model and make of vehicle or trailer; 3. license plate number; 4. vehicle identification number; 5. time, date and location of tow; 6. circumstances requiring tow; 7. whether or not a "HOLD" was placed on the vehicle by the Police Department; 8. time dispatched to scene and time of arrival; 9. storage facility where vehicle is stored; and 10. the date, time and name of employee releasing the vehicle. B. TOW CONTRACTOR shall make available upon request by the CITY'S Police Department, a complete and detailed listing of all vehicles and trailers which have been impounded or stored for periods of thirty (30) days or more. Form to be provided by the CITY. Any vehicle or trailer that has not been claimed for a period of thirty (30) days from the towing of the vehicle, shall be reported in writing to the Police Department. C. Services related to CITY owned or leased vehicles or trailers shall be logged and forwarded by TOW CONTRACTOR on a monthly basis to the CITY Public Works Director. All such logs shall identify the vehicle or trailer towed, the location from which it was towed, and the hours and dates applicable to TOW CONTRACTOR'S services with respect to those vehicles or trailers. The "service ticket" shall include the signature of the authorized CITY employee approving towing of the CITY vehicle or trailer. TOW CONTRACTOR shall provide such information, until such time as a form is provided to it by CITY, which then must be completed by TOW CONTRACTOR.e CA20 D. TOW CONTRACTOR shall maintain at its place of business records containing the following information: 1. a vehicle storage receipt of each vehicle on the premises; 2. a monthly log of all calls for service by the Police Department; 3. a notification log indicating the date, time and method of notification to the registered owner of the stored vehicle or trailer; and 4. A daily log setting forth a list of all vehicles towed, as well as information on each vehicle as required by Section 5.0(A) of this Agreement. E. INSPECTIONS. 1. TOW CONTRACTOR shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services relative to this Agreement. 2. TOW CONTRACTOR shall make available for inspection by authorized CITY personnel the compounds and storage facilities required herein. 3. In order to facilitate inspection and audits by authorized CITY personnel, records maintained by TOW CONTRACTOR relative to services provided under this Agreement shall be kept separate and apart from other company records. F. RECORDS RETENTION AND RIGHT TO ACCESS. TOW CONTRACTOR shall preserve and make available for inspection and/or removal for the purpose of copying, all financial records related to performance and billing under the terms of this Agreement, upon five (5) days prior notice. All records shall be maintained for a period of three (3) years after termination of this Agreement. If an audit has been initiated within that three (3) year period, but findings from the audit have not been resolved, the records shall be retained and maintained until resolution of audit findings. G. For monitoring purposes, TOW CONTRACTOR shall submit to CITY'S Tow Agreement Monitor, upon request, a log sheet detailing each tow made by TOW CONTRACTOR during that month, as well as the amount charged and service given for each tow. A copy of the invoice for each tow should accompany the monthly report. H. Failure to comply with the provisions and requirements of Section 5.0 of this Agreement shall result in suspension from the wrecker rotation until such time as TOW CONTRACTOR corrects such noncompliance. Should TOW CONTRACTOR fail to comply with any of the provisions of this section may, in the discretion of the City Manager, warrant recommending to the City Commission termination of the Certificate of Qualification and Agreement with TOW CONTRACTOR. 17.0 CODE COMPLIANCE CASES. A. When vehicles or trailers are towed from public property, including right-of-ways, after the appropriate notification, TOW CONTRACTOR has the option of destroying the vehicle or keeping it safe for sale pursuant to Sections 713.78 and 715.05, Florida Statutes. CA21 B. TOW CONTRACTOR must proceed in accordance with the provisions set forth in Sections 713.78 and 713.05, Florida Statutes. Any breach thereof shall constitute a breach of this Agreement. C. When vehicles or trailers are towed from private property after receiving the appropriate notification, TOW CONTRACTOR must store the vehicle or trailer for a minimum period of thirty-five (35) days, after which time TOW CONTRACTOR has the option to destroy or sell the vehicle or trailer pursuant to Section 713.78, Florida Statutes. 18.0 NON-EXCLUSIVITY OF SERVICES. A. The owner or person in possession of the vehicle or trailer which has been involved in an accident or which has been incapacitated in any other manner shall be given the opportunity to contact a wrecker or tow company of his/her choice, as long as the disabled vehicle does not create a hazardous condition and a reasonable response time can be expected. Said person shall also be given the opportunity to have the vehicle or trailer towed to a garage or compound of his /her choice. B. CITY shall not be liable for any charges for moving, towing, and storage of any vehicle or trailer; nor shall CITY be liable for any damages to any vehicle or trailer resulting from TOW CONTRACTOR'S acts or omissions. C. All vehicles and trailers towed under the request of the CITY, including but not limited to the City's Police Department, Code Compliance Division, Public Works Department, Fire Department, shall be governed by this section. 19.0 INDEMNIFICATION AND HOLD HARMLESS CLAUSE. TOW CONTRACTOR shall defend, indemnify and save CITY, its agents, employees, and police department harmless from and against any and all claims, suits, actions, damages or causes of action whatsoever arising during the term of this Agreement, caused by any act or omission of TOW CONTRACTOR involving bodily injury, loss of life or damage to property, sustained as a result of TOW CONTRACTOR'S duties; and from all costs, attorney's fees, expenses, liabilities, causes of action, investigations, and any administrative or legal proceedings brought therefrom; and from and against all orders, judgments or decrees which may be entered therein. TOW CONTRACTOR shall further defend CITY, its agents, employees and police department in any action brought as a result of the items set forth in this section, and related to performance of this contract by TOW CONTRACTOR. In the event any litigation or other legal proceedings shall arise from this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and all costs and expenses incurred therein. 20.0 NON-DISCRIMINATION. TOW CONTRACTOR hereby agrees and acknowledges that in the performance of this CA22 Agreement, it will not discriminate, or tolerate or permit discrimination on the basis of race, religion, gender, age, handicap, marital status, political affiliation, national origin, or otherwise with respect to its hiring practices and in the performance of the terms of this Agreement. 21.0 POSTING AND PROVIDING CHARGES OF SERVICES. 1. TOW CONTRACTOR shall prominently post in a conspicuous location at its storage facilities and on its tow vehicles and wreckers, a list of charges, as set forth herein. 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 and trailer towed by TOW CONTRACTOR. 2. TOW CONTRACTOR shall not charge for any service that exceeds such posted or listed amount, nor shall TOW CONTRACTOR perform any service that is not deliniated on such posted or listed schedule without giving the owner or person lawfully in possession a written estimate of the amount that will be due and payable upon completion ofthe unposted or unlisted service. 22.0 COMPLIANCE WITH LAWS. This Agreement shall' be governed by all federal, state, and local laws, regulations, ordinances, and codes, as amended from time to time, and as set forth by any other regulatory agency, including but not limited to, any and all municipal codes, ordinances, or regulations which may govern CITY as a Florida municipal corporation. 23.0 NON-ASSIGNABILITY. The Certificate of Qualification shall not be assigned, sold or transferred in any manner whatsoever. 24.0 DISPOSAL OF VEHICLES. Should TOW CONTRACTOR, as a result of this Agreement, have in its possession any vehicle, trailer, or personal property from therein for a period in excess of ninety (90) days, and be ordered to relinquish such vehicle, trailer or personal property to the City of Boynton Beach Police Department, TOW CONTRACTOR agrees to do so with no additional charges to CITY, other than that specified in this Agreement. 25.0 MODIFICATION OF THIS AGREEMENT. No waiver or modification of this Agreement or any covenant, condition, provision, or limitation contained therein shall be valid absent the execution and approval of a written addendum executed by both parties. No evidence of any waiver or modification shall be offered or received into evidence in any proceeding, arbitration or litigation betWeen the parties to this Agreement, unless such waiver or modification is duly executed as set forth in this Section. 26.0 ETHICS AND CONDUCT. TOW CONTRACTOR hereby agrees to conduct operations under this Agreement in a courteous, orderly, ethical and businesslike manner. As it is recognized by both parties CAn that this Agreement is sensitive in nature and requires TOW CONTRACTOR and its personnel and employees to work with the public on a daily basis, TOW CONTRACTOR is required to extend common courtesies, including but not limited to: A. Expedite release of vehicle in accordance with the terms of this Agreement; B. Assist the vehicle or trailer owner in retrieving documents from the vehicle or trailer to establish ownership; C. Permit 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; and E. If a dispute occurs, TOW CONTRACTOR 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. 27.0 WRECKER ROTATION LIST PROCEDURE. A. Purpose. The purpose of the wrecker rotation is to have in place a procedure for wrecker call-out on a per incident basis (except Code Compliance). Five separate log books will be utilized and maintained by the CITY'S Communication Division. B. Procedure. 1. Log System a. Logs will be kept based on the breakdown noted: i. Class "A" and "B" Wrecker Companies; II. Class "C" & "D"Wrecker Companies; and 111. Code Compliance Wrecker Companies (all Class "A"/"B" TOW CONTRACTORS required to participate). IV. City Vehicles Class "A" and "B" and v. City Class "C" & "D" Wrecker Companies b. TOW CONTRACTORS will be filed in alphabetical order, according to corporate name. c. A TOW CONTRACTOR will be called in rotation order from the card file on a per incident basis. 2. Wrecker Response. a. If TOW CONTRACTOR is unable to respond to a call for service, TOW CONTRACTOR will be moved to the end of the list, thereby forfeiting that rotation. b. The CITY official, agent or employee on the scene requesting the wrecker or tow shall determine whether a wrecker remains on the top of the rotation list in the event of cancellation or other circumstances where the wrecker is not used. Said CITY official shall notify the Communications Division upon cancellation of the tow and the tow company will retain their position on the rotation list. c. The next tow company in the rotation will be contacted in the event TOW CONTRACTOR cannot be reached by the CITY'S Communications Division or TOW CONTRACTOR has failed to respond within a reasonable time to a hazardous scene. The City CA24 official, agent or employee shall determine, based on his sole discretion, whether the response time was excessive. d. During the midnight shift, the CITY will reconcile logs on a daily basis, and will gather any reports of problems or incidents that were brought to the attention of the dispatch supervisor, who shall forward the same to the Tow Agreement Monitor within the CITY'S Police Department. 3. Rotation Tracking. a. A manual log will be used by CITY to track all vehicle or trailer tows to include rotation wreckers. b. The log shall contain the date and time of the tow, the tow company, the CITY officer, agent or employee, dispatch, case number, remarks, and a computer check. c. Specific requests from the vehicle or trailer owner or person lawfully in possession will not be charged against the rotation schedule. The request shall be logged as such by CITY in the manual log. If an owner's request cannot be honored for any reason whatsoever, a rotation wrecker will be contacted and so charged on the rotation schedule. 4. Knowledge of Position on Rotation List. a. TOW CONTRACTOR is responsible for knowing its position on the wrecker rotation list. CITY will not provide this information over the telephone. b. The rotation list is public record pursuant to Chapter 119, Florida Statutes, and is available for inspection, by appointment, during regular business hours. 28.0 CODE COMPLIANCE TOWING PROCEDURE. A. Purpose. Standard operating procedure is to be utilized for the removal of vehicles or trailers deemed to be abandoned, unregistered or wrecked as described in Chapter 10, Article III, Sections 10-50, 10-51 and 10-52 ofthe City of Boynton Beach Code of Ordinances. The towing of these vehicles is to be at no charge to the CITY. B. Procedure. 1. Tow List. a. Tow lists will be faxed from the Code Compliance Division directly to the tow contractor during the month as needed. All tow lists must be returned to the Code Compliance Division within 7 days of receipt of the request for tow. b. Results of the status of each vehicle or trailer will be noted on the list (i.e. towed, gone-on-arrival, or currently licensed). c. Each TOW CONTRACTOR represented in the rotation system shall supply the name of and accessible contact person and that person's phone number to the Code Compliance Division employee responsible for the tow list. CA25 2, Rotation. a. Wrecker companies shall rotate Code Compliance tows on a monthly basis. b. TOW CONTRACTOR is required to notify CITY'S Code Compliance Division and the employee responsible for the tow list, at least ten (10) days in advance of its month to undertake Code Compliance tows, if said TOW CONTRACTOR is unable to perform such tows as requested by CITY. In the event TOW CONTRACTOR is unable to perform, it shall be moved to the end of the Code Compliance Rotation, and may be subject to penalties as provided in this Agreement. C. TOW CONTRACTOR's failure to perform Code Compliance tows for more than two (2) months during any twelve (12) month period may result in suspension from ALL tow lists for a period of time as determined under the sole discretion of the CITY'S City Manager. C. CITY hereby reserves the right to modify the rotation schedule or procedure for Code Compliance tows under this section of the Agreement in an effort to improve upon the procedure to place Code Compliance tows in the regular rotation or otherwise. 29.0 TERM OF AGREEMENT. This Agreement shall take effect as of the date the Agreement is ratified by Resolution of the City of Boynton Beach City Commission, and shall have a term of two (2) years from that date. This Agreement shall be automatically renewed for one (1) additional year, unless either party provides written notice via certified mail to the other party within thirty (30) days of the end of the yearly term, that the Agreement shall be terminated at the end of the term. 29.1 INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that TOW CONTRACTOR is an independent contractor under this Agreement and not the CITY'S employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. TOW CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out TOW CONTRACTOR'S activities and responsibilities hereunder. TOW CONTRACTOR agrees that it is a separate and independent enterprise from the CITY; that it has full opportunity to find other business; that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the TOW CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by TOW CONTRACTOR, including but not limited to unpaid CA26 minimum wages and/or overtime premiums. 29.2 NOTICE. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the TOW CONTRACTOR and the CITY designate the following as the respective places for giving of notice: CITY: City Manager City of Boynton Beach P.O. Box 310 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 TOW CONTRACTOR: SCOTT'S TOWING & TRANSPORT, INC. 359 INDUSTRIAL AVE. BOYNTON BEACH, FL ATTN: EARL SCOTT 29.3 BINDING AUTHORITY. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 29.4 SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 29.S GOVERNING LAW. The terms and conditions of this Agreement shall be governed by and interpreted under the laws of the State of Florida. Venue for the purposes of any litigation arising out of this agreement shall be in Palm Beach County, Florida. 29.6 EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between CITY and TOW CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. CAn IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY ~ City Manager BY: PROVED AS TO FORM: --"'.~ I (~lhb~ STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Ku,er B~L:'.SS;(/c/!.., as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESSf OF THE FQ~GO State and County aforesaid on ~~y of /1 1'........""6(' NOTARY PUBLIC SJh . My Commission Expires: I /1 : J 'f NOTARY PUBUC'S'OO'E OF FLORIDA ".b.Mf Judith A. Pyle "WCo~ssion # D0421091 Bonded Thn!~~=~c: ~!din21, 2009 'Co.. Inc:. I,have set my hand and official seal at in the 2005. {~ CA28 SCOTT'S TOWING & TRANSPORT, INC. 9rN'{)~ BY: STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ~ p I II ~C6 f-r , and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is hislher act and deed. IN WITNESS OF THE FOREGOING, I have set my hand State and County aforesaid on this J ~ day of'J" ~ 2005. ~~.ftl.. rJ,-~ NOTARY PUBLIC and official seal at in the My Commission Expires: """" B b M ",,~~,~ ar ~a . Madden ~ ~.,~'~: COIl1l!liss1on # DD125274 =.~\. l~g Expires July 19, 2006 ~7,;01 f\.~~" ~onded Thru "'1/,,'" AtlantiC Bonding Co., Inc. CA29 CERTIFICATE OF QUALIFICATION The City of Boynton Beach, hereby issues this Certificate of Qualification to the following company, and hereby certifies that the company named in this certificate is qualified to perform towing services pursuant to the Towing Service Contract approved by the Boynton Beach City Commission. COMPANY NAME: SCOTT'S TOWING & TRANSPORT, INC. ADDRESS: 359 Industrial Avenue Boynton Beach, FL 33426 PHONE NUMBER: 561-737-5591 CONTACT PERSON: Earl Scott ~ ~oP~ City Manager KURT BRESSNER CITY MANAGER BOYNTON BEACH, Fl ROt> -0'-10 AGREEMENT FOR VEHICLE TOWING ROTATION PROGRAM The date of this Agreement is the date the last party signs the Agreement as shown on the signature pages and is between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and ZUCCALA'S WRECKER SERVICE: 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: SPECIAL TERMS AND CONDITIONS 1.0 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. C_ 1.1 APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY CITY These rates are the only rates that will be charged vehicle owners under this Agreement: A. TOWING BY ITEM DESCRIPTION (1) Class A (cars, vans, light trucks under 10,001 GVW) within City limits; $135.00 per call (2) (3) Motorcycles within the City limits; $135.00 per call Towing outside the City limits for cars, vans, motorcycles, and light trucks 3/4 and less charged only for miles starting where city limit is exited to the final destination. No charge applied within city limits. an additional $6.00 per towed mile CA-I (4) Class B (vehicles 10,001 to 24,000 GVW) within the City limits; (5) Towing outside the City limits for Class B vehicles only for miles starting where city limit is exited to the final destination. (6) Class C vehicles (24,001 to 53,999 GVW) within City limits; (7) Class C vehicles outside City limits only for miles starting where city limit is exited to the final destination. (8) 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). (9) Miscellaneous other charges 4 X 4/off-road vehicle recovery Tarp fee Lowboy service Outside the City limits only for miles starting where city limit is exited to the final destination. No charge applied within city limits. Underwater recovery salvage CA-2 $200.00 per call an additional $7.00 per towed mile $250.00 per call (City vehicle $300.00 all others an additional $8.00 per towed mile $40.00 per half hour $120.00 for the first half hour, and $30.00 per quarter hour thereafter $35.00 per call $175.00 per hour an additional $6.00 per towed mile from City limits $100.00 per hour port to port (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. (11) The foregoing rates shall be adjusted March 1, 2006, based on the reported increase in the consumer price index for the southeastern region of the United States, comparing the index increase from January 2005 to January 2006. B. STORAGE AND LIEN NOTICE (1) Cars, vans, trucks vessels/trailers less than 25' Outside storage $25.00 per day Inside storage $35.00 per day (2) Vehicles and vessels/trailers over 25' Outside storage Inside storage $35.00 per day $50.00 per day (3) Motorcycles Outside storage Inside storage $15.00 per day $20.00 per day (4) Lien Notice (after 24 hours of storage) $50.00 per vehicle $75.00 max. 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. CA-3 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 $120.00 per hour and $30.00 per each quarter hour after the first hour. scene; (2) Extra man (each) on the scene $60.00 per hour D. ROAD SERVICE For all trucks, cars, vans and other vehicles under and over 3/4 ton, a road service fee of $60.00 per call may be charged to the vehicle owner for services such as assisted start, unlocking a door, delivering gas, tire changes, etc. 1.2 APPROVED TOWING RATES - CITY OWNED OR CITY LEASED VEHICLES A. All CITY owned or CITY leased vehicles Class "A" and "B" will be towed at fifty (50%) percent of the standard charge(s) as set forth above. B. All CITY owned or CITY leased vehicles Class "A" and "B" requiring road service as indicated in Section 1.11 of this Agreement will receive such services at fifty (50%) percent of the standard charge(s) as set forth above. C. All 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 and stored at rotation fees. D. All CITY owned or CITY leased vehicles towed under Class "e" or Class "D" will be towed at $250.00 (plus $5.00 per mile for tows more than 10 miles from Public Works Compound). E. All vehicles towed at the request of Code Compliance, 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 forth in Section 1.1 of this Agreement. F. City shall be assessed fifty (50%) percent of waiting time charges. G. Companies that cannot or do not respond to City tows will lose their next rotation slot for a retail tow. Documentation will be maintained by City Communications CA-4 1.3 SPECIAL AND ADDITIONAL CHARGES A. WAITING TIME. The cost for waiting time shall not be assessed by TOW CONTRACTOR until forty-five (45) minutes after arrival at the scene. B. LABOR CHARGES. The cost for labor under any circumstances and when applicable shall not be assessed by TOW CONTRACTOR until thirty (30) minutes have expired after arrival at the scene. Labor charge must be clearly shown on the tow receipt with a written explanation ofthe labor charge. c. SERVIeE 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. If there is no mechanical connection, there is no loss of the TOW CONTRACTOR'S spot on the rotation list. D. GATE FEE. A gate fee of $35.00 will be charged by TOW CONTRACTOR when an impoUnded vehicle/vessel is recovered by owner/authorized agent or when owner/agent wishes to recover property from an impounded vehicle/vessel after hours, on weekends or holidays. No gate fee will be charged to retrieve a vehicle/vessel or personal property Monday through Friday from 8:00 a.m to 6:00 p.m. (except holidays), 2.0 ELIGIBILITY. A. To be eligible to respond to this RFQ, TOW eONTRAeTOR shall be regularly engaged in the towing business on a full-time basis in Palm Beach County 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 eounty, Florida). B. TOW CONTRACTOR shall have satisfactory financial support, required equipment and organization sufficient to ensure that TOW eONTRAeTOR can satisfactorily execute the services, if granted a contract, under the terms and conditions stated herein. C. 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, D. 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. E. TOW eONTRAeTOR shall have and maintain an office and storage facility within the eity limits at all times during the term of this agreement. The storage facility shall be in full compliance with the terms of this Agreement, and shall be CA-5 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 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. F. TOW CONTRACTOR must maintain at all times, any licenses or permits required by the State of Florida, Palm Beach County and the City of Boynton Beach in order to conduct business as a wrecker or tow service. Proof of said license shall be submitted prior to the approval of this Agreement. G. TOW CONTRACTOR shall be licensed to do business in the City of Boynton Beach pursuant to Chapter 13 of the Boynton Beach Code of Ordinances. H. At all times during the term of this Agreement, TOW eONTRACTOR, its subsidiaries, agents, employees or representatives shall only appear on the rotation list once. Under no circumstances shall a Tow Contractor who has a business, financial or legal relationship with another Tow Contractor be permitted to have more than one place on the rotation list. 2.1 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 RFQ. Any other information 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 applicant to respond to a requirement, the response should include a reference to the document number and page number. This will provide a quick reference for the evaluators 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 LEGIBLE. IF PROPOSAL IS NOT LEGIBLE, IT WILL NOT BE ACCEPTED. ANY ILLEGIBLE APPLICATIONS THAT ARE RECEIVED WILL BE AUTOMATICALLY DISQUALIFIED AND WILL NOT BE CONSIDERED. CA--6 2.2 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 service for the removal of vehicles within the City of Boynton Beach when required and when dispatched or required by the City of 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. C. 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. D. At an accident scene, TOW CONTRACTOR shall remove from the street and surrounding area all broken glass and other debris resulting from the accident. E. 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. However, if the tow is cancelled, the tow company will retain their position in the rotation. 2.3 SPECIFICATIONS FOR WRECKERS. A. TOW eONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to two (2) CLASS "A" TOWINGIRECOVER Y VEHIeLES meeting the specifications set forth in Palm Beach County code. B. TOW eONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) eLASS "B" TOWINGlREeOVER Y VEHICLE, meeting the specifications set forth in Palm Beach eounty code. C. Should TOW CONTRACTOR desire to be placed on the Class "C" wrecker rotation list, TOW eONTRAeTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (l) eLASS "C" TOWINGlREeOVERY VEHIeLE meeting the specifications set forth in Palm Beach county code. D. Class "C" and/or "D" TOW CONTRAeTORS must have the ability to tow an aerial fire truck that is approximately 64,000 pounds GVW, any sanitation truck, and a Track Excavator that is approximately 30 tons. CA-7 E. TOW CONTRACTOR shall own, lease, or mortgage and have immediate access to at least one (1) motorcycle trailer. F. EACH AND EVERY tow truck or recovery vehicle must be outfitted with the following supplies and equipment: 1. 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; 3. One (1) heavy-duty push broom; 4. A flood light on the hoist; 5. One (1) flat-nose shovel; 6. One (1) ax; 7. One (1) crowbar; 8. At least one (1), five (5) pound Carbon dioxide fire extinguisher with a current inspection tag. The fire extinguisher must be an approved type; 9. One (1) pair of bolt cutters; 10. One (1) set of jumper cables; 11. One (1) four-wait lug wrench; 12. One (1) high-intensity flashlight; 13. One (1) set of red highway reflectors; 14. Five (5) thirty minute flares; 15. Each wrecker and tow vehicle shall contain a telephone or radio communications system to enable continuous direct contact between the driver and the office of TOW CONTRACTOR; and 16. Each vehicle shall be specifically designed, constructed and equipped for the towing of vehicles, and shall at all times, be properly maintained in a mechanically safe condition. CA-8 G. To be awarded and to maintain a certificate of qualification, a Class "A"I"B" TOW CONTRACTOR shall have in operational condition at the time the certificate of qualification is awarded and for the duration of this agreement at least two (2) Class "A" wreckers, and one (1) Class "B" wrecker. H. TOW CONTRACTOR shall have available at all times, sufficient equipment to perform all services required herein on a timely and responsible basis. TOW CONTRACTOR shall notify CITY in the event any of the required equipment, as set forth in this Agreement, is inoperable, sold, levied upon, repossessed or attached. 3.0 STANDARDS OF CONDUCT FOR TOW CONTRACTORS. A. TOW 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 requirements. B. TOW CONTRACTOR shall be the holder of a general towing and wrecker service license issued by Palm Beach eounty and shall be the holder or any licenses requirea by Florida law and the City of Boynton Beach. C. Each wrecker shall be manned by a driver who must meet the following qualifications: 1. Possesses a valid State of Florida required eommercial Drivers License (CDL); 2. Possess knowledge ofthe layout of streets and roadways within the eity of Boynton Beach; and 3. Be physically qualified to perform the normal and everyday tasks required of a tow truck operator. D. TOW CONTRACTOR shall ensure that each driver operates the company's equipment in a safe and proper manner in accordance with operating manuals and Florida Statutes. Upon receipt of a complaint from the City of Boynton Beach Police Department on a driver's unsafe, unlawful or improper operation, documented corrective action must be taken by TOW CONTRAeTOR. 4.0 FACILITIES. TOW CONTRAeTOR shall maintain a storage facility for all impounded vehicles. There shall be an outside, enclosed area and an inside storage area. All facilities shall be located within the City limits and be owned or leased by TOW CONTRAeTOR. TOW eONTRAeTOR's storage facilities cannot be relocated without written consent from eITy. Should TOW eONTRACTOR relocate without obtaining said consent, the relocation shall constitute a breach of this Tow Agreement. CA-9 1. OFFICE FACILITIES. It shall be the duty of TOW CONTRACTOR to maintain office facilities: a. to include telephone and restroom facilities, and a work area containing, for example, a desk, phone, facsimile machine, computer, etc.; b. with a physical plant having the name of the company and the mailing address and 24-hour phone number clearly painted; C. that are accessible to CITY officials at anytime, 24 hours a day, 7 days a week; and d. that maintains a radio communication system at all times, 24 hours per day, 7 days a week. TOW CONTRAeTOR shall not utilize any phone answering services(s), as said services are strictly prohibited under the terms of this Agreement, and use of such services shall constitute a breach thereof. 2. OUTSIDE STORAGE a. Outside storage shall be kept and maintained to provide for the removal of junk, tires, and auto parts; the regular trimming of all shrubbery, bushes, trees and grass areas (along fence line and on property); and adequate drainage to prevent standing water. b. Outside storage areas 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 a fence or wall, including all gates, doors, or roofed open areas shall be equipped with not less than twelve (12) inches of barbed wire installed in such a manner as to discourage access over the top of such a fence or wall. All fences and walls shall be maintained in good repair throughout the term of this Agreement. Any damage to such walls or fences shall be repaired within twenty-four (24) hours of its occurrence. c. The area must have a vehicle storage capacity of at least twenty-five (25) vehicles. This storage will predominantly be utilized for accident tows, designated "HOLD," confiscated, and evidence vehicles. A secondary storage area may be located within a ten (10) mile radius of the City of Boynton Beach, and may be utilized for Code Compliance-related tows. 3. INSIDE STORAGE. TOW CONTRAeTOR shall be capable of storing up to three (3) vehicles in inside storage, and shall maintain at least one (1) inside storage space that shall meet the following specifications: a. a working area of 9' X 20' per vehicle with at least an eight (8') foot high ceiling; CA40 b. a paved floor (i,e. concrete, asphalt) that is free from dirt, standing water and vegetation; c. an electrical lighting source sufficient to permit processing of a vehicle; and d. one (1) outside window or a ventilation system. 4. CRIME SCENE, CONFISCATED, SPECIAL "HOLD" STORAGE a. Any vehicle towed or 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. erime scene vehicles shall be stored to prevent physical contamination or degradable evidence from deteriorating, and by inside storage, If inside storage is not available, CONTRACTOR shall surrender the tow and fee to the next Contractor in rotation. This shall not prevent eITY from removing the vehicle or trailer and storing it at a eity-owned or controlled facility or at another Tow Contractor's storage compound. c. If laboratory work on a crime scene vehicle 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 such compound for whatever period of time necessary, in order to properly process the vehicle and conduct any investigation necessary. Vehicles towed by the Police Department such as Impounds for Investigative/Evidence purposes; the City is responsible for payment of storage at City rates. The Owner shall NOT be chan!ed for any storaee fees. e. Confiscated vehicles or vehicles involved in litigation shall be protected from the elements, preferably at an inside storage facility, as to maintain the vehicle in its condition at the time of towing. This shall not prevent CITY from removing the vehicle and storing the vehicle at a City owned or controlled facility or at another Tow eontractor's facility. f. eity of Boynton Beach Police Department personnel shall be permitted access to all such vehicles at all times. 5.0 PERFORMANCE PROBATION PERIOD. A. 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 evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the standards set forth in this Agreement, the City eommission may, upon the recommendation of City staff, by written notice setting forth the default under the CAll Agreement terms, revoke the Certificate of Qualification. If performance is acceptable at the end of the probationary period described herein, TOW CONTRACTOR will be so notified by the City. B. Should the City Commission revoke a Certificate of Qualification within the three (3) month probationary period, another Certificate of Qualification may be awarded to an eligible company as determined by the City Commission. 5.1 ROLE OF CITY MANAGER AS TO PENAL TIES. The City Manager for CITY shall have the power to formally reprimand TOW CONTRACTOR, suspend the Certificate of Qualification, suspend activities of TOW CONTRACTOR under the terms of this Agreement, recommend to the City Commission revocation of the Certificate of Qualification, and recommend to the City Commission that this Agreement with TOW CONTRACTOR be terminated. 5.1.1 FORMAL REPRIMAND. Upon review of materials provided to him/her by City staff, the City Manager may issue a written reprimand to TOW CONTRACTOR for any act or omission, which in his/her sole discretion, is deemed to be a violation of this Agreement. A written reprimand for an act or omission in violation of the terms of this Agreement shall be grounds for recommending termination of the Certificate of Qualification should the City Manager deem such action to be appropriate under the circumstances. 5.1.2 REVOCATION. In the event any criteria for qualifications established by this Agreement are violated by a Certificate Holder (TOW CONTRACTOR), eITY may serve written notice upon Certificate Holder of the recommended revocation of the Certificate of Qualification and/or termination of the Agreement. However, any and all liabilities of TOW CONTRACTOR and the surety for acts, omissions, or violations occurring prior to the date of cancellation shall not be affected, waived or otherwise as a result of the cancellation. In the event City Manager for eITY recommends revocation of the Certificate of Qualification and/or termination of the Agreement with TOW CONTRACTOR, such a recommendation shall be considered by the City Commission for eITy. 5.1.3 COMPLAINTS AGAINST TOW CONTRACTOR. TOW CONTRACTOR hereby agrees that any complaints received by CITY concerning the performance of TOW CONTRACTOR'S duties under this Agreement and otherwise shall be referred to the City Manager of the City of Boynton Beach. The failure of TOW CONTRACTOR to follow any subsequent reasonable instruction of the City Manager regarding any complaint will be considered a material breach of this Agreement and the awarded Certificate of Qualification, and shall be cause for termination thereof. 5.1.4 REPUTABILITY. Lack of reputability shall be cause for revocation of a Certificate of Qualification and shall include, but not be limited to the following: CAll A. Misstatements concerning the convIctIon of any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; B. Retaining any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; C. Retaining any officer, employee or agent convicted of any felony or first degree misdemeanor directly related to the business and/or operation of a wrecker, when that person's civil rights have not been restored. For the purpose of this Agreement, any offense involving perjury, false statement or theft shall be considered to be directly related to the business operation of a wrecker. D. Retaining any officer, employee or agent convicted ofthe offense of driving under the influence of alcohol or any other controlled substance to the extent that normal faculties are impaired; of the offense of driving a vehicle and having an unlawful blood alcohol level; or of any other criminal traffic offense. 5.1.5 SUSPENSION Should at any time during the term of this Agreement, including during any option terms, the tow company be in'violation of any of the terms and conditions of this Agreement, the City Manager or his or her designated agent shall have the right to suspend the company until the violation is resolved to the satisfaction of City staff. If the violation is not promptly resolved or is of such a serious nature that the City Manager determines that suspension is inadequate, the eity Manager reserves the right to recommend to the City eommission revocation of the Certificate of Qualification and termination of this Agreement with TOW eONTRAeTOR for cause. Should at any time during the term of this Agreement, including during any option terms, TOW eONTRAeTOR or its principals become the subject of a criminal investigation, the eity Manager shall have the right to suspend TOW CONTRACTOR's Certificate of Qualification pending the outcome of any criminal investigation and trial, should one result. Upon the conclusion of a criminal investigation that does not result in criminal charges against TOW CONTRACTOR or its principals, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRAeTOR, or the City Manager may lift the suspension, thereby reinstating the Certificate of Qualification to TOW CONTRAeTOR. If an adjudication of guilt is entered against TOW eONTRAeTOR at the conclusion of a trial or via plea bargaining with the State, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR or City Manager may reinstate. 6.0 COMMERCIALLY MANUFACTURED EQUIPMENT. A. Each tow truck, recovery vehicle and all equipment owned, leased, or mortgaged by TOW CONTRACTOR shall be commercially manufactured and shall conform to the requirements set forth herein or be approved by CITY or its designee. B. Each tow truck, recovery vehicle, and all equipment utilized by TOW CAB CONTRACTOR shall be maintained in good mechanical condition at all times. C. Each tow truck, recovery vehicle, and all equipment is subject to inspection by CITY or its designee at all times during the term of this Agreement. D. No vehicle of TOW CONTRACTOR shall be used as an emergency vehicle, except when the circumstances justify the use of the vehicle in that manner. (i.e. flashing lights are to be used only when necessary). 6.1 MARKINGS. TOW CONTRACTOR agrees to have no markings on vehicles, buildings, or correspondence that indicates or tends to indicate any official relationship between TOW CONTRACTOR and the City of Boynton Beach. 7.0 SITE CLEAN-UP. TOW eONTRACTOR shall, at no cost to CITY, the public or the owner of the towed vehicle or trailer, promptly remove all debris from the public street, sidewalks, parks, and property of CITY; and shall remove the same to a proper place for disposal if the accident scene is, will or has been served by TOW CONTRACTOR, its agents or employees. The owner of the vehicle or trailer towed may be charged pursuant to the rate schedules set forth in this Agreement for the clean-up of hazardous wastes, chemicals, construction debris and spilled loads. 8.0 EMPLOYEES. TOW eONTRACTOR agrees to maintain, and upon request, provide to the City of Boynton Beach Police Department the following information on all officers, employees, agents, and servants, and to be responsible for keeping the information accurate and current: name, address, date of birth, driver's license number, social security number, and photograph. TOW CONTRACTOR agrees that the owner(s) of the company or the officers of the company, if a corporation, shall be personally responsible for the acts of their employees, while said employees are on-duty. TOW CONTRACTOR further acknowledges and agrees to notify its employees that CITY may run drivers license histories on any driver at any time with or without cause. 9.0 TWO OR MORE APPLICATIONS UNDER DIFFERENT NAMES RECEIVED FROM ONE PROPOSER. If more than one application is submitted by anyone proposer, by or in the name of his or their clerk, partner, or other persons, and it is determined by CITY staff that such applicant is under single, identical, or substantially the same ownership, all such applications will be rejected. If the above described dual ownership is not revealed until the contract term has begun, said action shall constitute grounds for revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR. 10.0 RESPONSE TIME. A. TOW eONTRACTOR shall, at the request of the CITY Police Department or other eITY official requesting tow truck service at any time of the day or night, arrive at the scene with the appropriate equipment within the following time limit CAH depending upon the vehicle class requested: CLASS A CLASS B CLASS C 30 minutes from request 30 minutes from request 45 minutes from request B. TOW CONTRACTOR assumes aU liability in meeting the required class response time, including but not limited to, any and all damages resulting from traffic accidents and motor vehicle infraction fines occurring after the response time limit has expired. C. In the event TOW CONTRACTOR fails to respond in a timely manner, the department of CITY requesting the service shall document the untimeliness, and forward said writing to the Agreement Administrator. D. The following penalties shall apply should any TOW CONTRACTOR fail to respond within the class response time set forth in Section 3.1 (A) of this Agreement or skip any tow directed by the eity of Boynton Beach. Within a 12 month period 1. 1 st offense 2. 2nd offense 3. 3rd offense and greater Penalty eertified letter of warning One (1) month suspension Termination of Agreement with CITY and revocation of certificate of qualification E. TOW CONTRACTOR may appeal a suspension of two (2) months or more to the eity Commission, and if TOW CONTRACTOR can show by substantial and competent evidence that extenuating circumstances beyond TOW CONTRAeTOR's control caused the failure to timely respond, the suspension may be lifted by the eity Commission. F. All appeals must be made in writing to the City Manager within thirty (30) days of the action, and shall fully set forth the basis for the appeal. Suspensions shall not be stayed during any pending appeals. G. City Manager recommendation for termination of this agreement and revocation of the certificate of qualification under this section requires consideration and action by the eity Commission. 11.0 SUBCONTRACTING. TOW CONTRACTOR shall not subcontract its services to secure additional wreckers or storage space required under this Agreement. TOW CONTRACTOR must own, lease, or mortgage the vehicles, equipment and storage space required under this Agreement. Evidence of ownership of all vehicles is required. All registrations of vehicles are due at the time of submitting this RFQ. CAtS 12.0 BENEFITS FROM REPAIRS. A. In the event TOW CONTRACTOR holding a certificate of qualification operates an automobile repair and/or automobile paint and body repair business, TOW CONTRACTOR shall provide written notification to the owner or representative of the owner of the vehicle towed under the provisions of this Agreement, that there is no obligation to have any automobile, vehicle or trailer repairs and/or automobile, vehicle or trailer paint and body work done by TOW CONTRACTOR. B. TOW CONTRACTOR shall notify CITY in wntmg of any and all repairs completed on vehicles, automobiles, trucks, and trailers by TOW CONTRACTOR towing a vehicle under the provisions of this Agreement. The written notification to vehicle owner that there is no obligation to have TOW CONTRACTOR undertake any repairs to the vehicle shall be included. 13.0 INSURANCE REQUIREMENTS. A. TOW CONTRACTOR'S liability insurance policies shall name the CITY as an additional insured. B. During the term of this Agreement, TOW CONTRACTOR shall have in effect insurance with those limits specified in this Section. Copies of said insurance policy or certificate of insurance must be furnished to CITY's Purchasing Department and Risk Management Department immediately after approval of Agreement by the City Commission. CITY may request proof of insurance or the name and phone number of insurer at any time during the term of the Agreement, and TOW CONTRACTOR must respond with said proof of insurance within five (5) days of the request. Failure to provide the proof of insurance required in this section or the name and phone number of insurer as requested shall result in automatic suspension of the certificate of qualification and may be grounds for termination of this Agreement with TOW CONTRACTOR. C. TOW CONTRACTOR shall supply CITY with a Certificate of Insurance for the coverages and limits as shown in this Section. A thirty (30) day cancellation clause in favor of eITY shall be included in the Policy and the Certificate. D. TOW CONTRACTOR, at its own cost and expense, shall keep in force at all times, and shall maintain the following during the terms of this Agreement: 1. Comprehensive General Liability Insurance with minimum limits of coverage of One Million ($1,000,000.00) Dollars per incident Combined Single Limit for Bodily Injury Liability and Property Damage Liability. 2. Automobile Liability Insurance coverage in the minimum amount of Three Hundred Thousand ($300,000.00) Dollars per person/per incident and property damage coverage of One Hundred Thousand ($100,000.00) Dollars per incident. 3. Garage Keeper's Legal Liability Insurance coverage m the mmlmum CAl6 amount of Seventy-five Thousand ($75,000.00) Dollars to protect owners of any and all vehicles and trailers towed or stored by TOW eONTRAeTOR pursuant to this Agreement, from any loss or damage to such vehicle or trailer on account of such removal or storage. E. TOW CONTRACTOR shall provide CITY with Certificate(s) of Insurance on all policies of insurance and renewals thereof in a form acceptable to CITY. Each policy shall provide that CITY as an additional insured, and that the eITY shall be notified by the insurer in writing of any cancellation at least thirty (30) days prior to the effective date of cancellation. F. Each and every insurance policy must be issued by companies acceptable to CITY'S Risk Management, and licensed, qualified and authorized to do business in the State of Florida. All policies must be at lease six (6) months in duration. G. EachTOW eONTRACTOR shall show proof of the insurance required under this Section prior to the issuance of a Certificate of Qualification. TOW CONTRAeTOR shall not commence operation under the term of this Agreement, until certification or proof of insurance, detailing terms and provisions of coverage, has been received, reviewed, and approved by CITY. . H. TOW CONTRACTOR agrees to maintain, at its own cost and expense, worker's compensation coverage required by the State. 13.1 TOW CONTRACTOR'S LIABILITY. A. TOW CONTRACTOR shall be liable for any towed vehicle and property contained therein. B. TOW CONTRACTOR or its employee, representative, or agent shall inventory all personal property contained in each vehicle towed. The Tow companies are relieved of liability for property inside of the vehicle that was not listed on the inventory report completed by the officer on the scene. C. The inventory shall be made in triplicate and shall be signed by the person composing it. One copy shall be given to the owner or person in possession of the vehicle, or shall be securely attached to the vehicle; one copy shall be forwarded to the Boynton Beach Police Department, and the final copy shall be retained by TOW CONTRACTOR. 13.2 NON-LIABILITY OF CITY FOR TOWED VEHICLES. CITY shall not be responsible or liable in any manner whatsoever for either the collection or payment of any charges for services rendered, including towing and storage. 14.0 ACCESSIBILITY OF STORAGE FACILITIES. TOW CONTRACTOR agrees that all storage areas shall be accessible between the hours of 8:00 AM. and 6:00 P.M., Monday through Friday and 9 A.M. and 12 PM, Saturday; therefore the Gate Fee shall not be charged during the applicable business hours. CA17 Authorized personnel of TOW CONTRACTOR shall be available during such times to assure that the obligations and services, including retrieval of stored vehicles by the public, required of TOW CONTRACTOR are available and fulfilled. Accordingly, there shall be no "gate fees" charged to the CITY for retrieving or gaining access to a vehicle in storage. There will be a $40.00 gate fee charged to any individual(s) or other entity retrieving a vehicle from storage. 14.1 PROTECTION OF VEHICLES AND PROPERTY. A. Vehicles and trailers stored in enclosed areas shall be stored under "lock and key." B. TOW CONTRACTOR 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. C. TOW CONTRACTOR agrees to replace any such articIe(s) upon verification of the loss by the designated investigative agency representing the City of Boynton Beach or Palm Beach County. 14.2 INSPECTION OF FACILITIES. A. Storage facilities shall be subject to inspection and shall be approved by CITY prior to award of the eertificate of Qualification and the execution of this Agreement. Storage facilities shall be subject to periodic inspections during the term of Agreement when deemed necessary by the City Manager's office or the CITY'S Police Department. B. Notice of any deficiencies or violations of this Agreement discovered by CITY with respect to storage facilities shall be submitted to TOW CONTRACTOR in writing, and TOW CONTRAeTOR shall remedy the same within ten (10) days of receipt of such notice. The Agreement may be terminated and the Certificate of Qualification revoked, or suspended at the option of the CITY. 14.3 RELEASES OF VEHICLES AND PERSONAL PROPERTY. A. TOW CONTRACTOR agrees to release any vehicle or trailer that has not been marked "HOLD." Any vehicle or trailer marked "HOLD" shall not be released without the prior written consent of the City of Boynton Beach Police Department. B. All persons applying for release of the vehicle or trailer from TOW CONTRAeTOR shall present adequate proof of ownership or right to possession. Upon release, TOW CONTRACTOR shall give a receipt and itemized statement indicating all charges related to the impounding of the vehicle or trailer to the owner or person entitled to possession. C. Rightful owners shall be able to retrieve their towed vehicle or trailer from TOW CONTRACTOR twenty-four (24) hours a day, seven (7) days a week, including legal holidays, provided the appropriate documentation has been filed. D. Any vehicle or trailer declared to be abandoned, junk or constituting a nuisance CAl8 may only be released under the authority of the Boynton Beach Police Department. E. Any customer contacting TOW CONTRACTOR by telephone or otherwise prior to customer's arrival at the storage site shall be advised of the following by TOW CONTRACTOR: 1. each and every document or other item needed to retrieve vehicle; 2. exact charges at the time of contact and any additional charges that may accumulate subsequent to contact and before retrieval; 3. acceptable methods of payment; and 4. the hours and days that the storage site is open for regular business. F. If all matters are in order, customer shall be returned to possession of the towed vehicle or trailer within thirty (30) minutes of the request. 14.4 PERSONAL PROPERTY LOSS. A. CITY shall not be responsible for any loss or damage to vehicles to trailers, to any personal property contained therein, or to any vehicle accessories, regardless of the cause of such damage or loss. TOW CONTRAeTOR shall hold CITY harmless as to any claims~ suits or actions alleging such loss or damage. Personal property found in vehicles or trailers that have been stored by TOW CONTRACTOR shall not be sold or disposed of in any way to defray any charges for storage or towing. B. TOW CONTRACTOR shall be held accountable for all personal property and vehicle accessories inventoried at the time the vehicle or trailer is towed, while the vehicle is stored at TOW eONTRACTOR'S storage facility, and while TOW eONTRAeTOR disposes of junk, abandoned and nuisance vehicles. TOW eONTRAeTOR shall make restitution to owner for all such losses occurring by theft, fire, or other damage. 14.5 DESTINATION OF TOWED VEHICLE. TOW CONTRACTOR shall not move any vehicle or trailer to any location (specified at time of tow) other than that designated by a eITY Police Officer or other authorized CITY representative, or owner or person in possession of vehicle. ALL eITY owned or leased vehicles towed from a location within Palm Beach County shall be towed, as requested to eITY property. Each and every vehicle towed from within the city limits shall be towed to a storage facility within the city limits of Boynton Beach, Florida, and shall remain at that location for at least seven (7) days. 15.0 RADIO COMMUNICATION. A. All towing vehicles and wreckers must be equipped with two-way radio or telephone communication. The range of the communication system shall, at a minimum, extend throughout the Boynton Beach city limits. Accordingly, the base station for the above equipment must be strong and powerful enough to provide city-wide coverage. A citizens band radio is insufficient to meet this requirement. CAl9 B. Any radio communication shall, at no time, be tuned into any police frequencies. C. Guidelines of the Federal Communication Commission (FCC) shall prevail. D. TOW CONTRACTOR shall, at all times, have a competent employee(s) manning the communication system. E. TOW CONTRACTOR shall provide a 24-hour emergency telephone number to be answered by a TOW CONTRACTOR employee designated to respond to emergency calls for service. This service is in addition to the communication system required in subsections 4.5(A)-(D) above, and is necessary so that TOW CONTRACTOR can provide timely and efficient service 24 hours a day, seven days a week. 16.0 REPORTS AND RECORDKEEPING. A. TOW CONTRACTOR shall make available upon request to the CITY'S Police Department, weekly reports of vehicles and trailers towed at the request of the Police Department. The written reports will be designed and supplied by CITY and the following information shall be provided thereon: 1. Name and owner of driver; 2. model and make of vehicle or trailer; 3. license plate number; 4. vehicle identification number; 5. time, date and location of tow; 6. circumstances requiring tow; 7. whether or not a "HOLD" was placeci on the vehicle by the Police Department; 8. time dispatched to scene and time of arrival; 9. storage facility where vehicle is stored; and 10. the date, time and name of employee releasing the vehicle. B. TOW eONTRACTOR shall make available upon request by the CITY'S Police Department, a complete and detailed listing of all vehicles and trailers which have been impounded or stored for periods of thirty (30) days or more. Form to be provided by the CITY. Any vehicle or trailer that has not been claimed for a period of thirty (30) days from the towing of the vehicle, shall be reported in writing to the Police Department. C. Services related to CITY owned or leased vehicles or trailers shall be logged and forwarded by TOW CONTRACTOR on a monthly basis to the eITY Public Works Director. All such logs shall identify the vehicle or trailer towed, the location from which it was towed, and the hours and dates applicable to TOW eONTRAeTOR'S services with respect to those vehicles or trailers. The "service ticket" shall include the signature of the authorized CITY employee approving towing of the CITY vehicle or trailer. TOW CONTRACTOR shall provide such information, until such time as a form is provided to it by CITY, which then must be completed by TOW CONTRACTOR. CA20 D. TOW CONTRACTOR shall maintain at its place of business records containing the following information: 1. a vehicle storage receipt of each vehicle on the premises; 2. a monthly log of all calls for service by the Police Department; 3. a notification log indicating the date, time and method of notification to the registered owner of the stored vehicle or trailer; and 4. A daily log setting forth a list of all vehicles towed, as well as information on each vehicle as required by Section 5.0(A) of this Agreement. E, INSPECTIONS. I. TOW CONTRACTOR shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services relative to this Agreement. 2. TOW CONTRACTOR shall make available for inspection by authorized eITY personnel the compounds and storage facilities required herein. 3, In order to facilitate inspection and audits by authorized CITY personnel, records maintained by TOW CONTRACTOR relative to services provided under this Agreement shall be kept separate and apart from other company records, F. RECORDS RETENTION AND RIGHT TO ACCESS. TOW CONTRACTOR shall preserve and make available for inspection and/or removal for the purpose of copying, all financial records related to performance and billing under the terms of this Agreement, upon five (5) days prior notice. All records shall be maintained for a period of three (3) years after termination of this Agreement. If an audit has been initiated within that three (3) year period, but findings from the audit have not been resolved, the records shall be retained and maintained until resolution of audit findings. G. For monitoring purposes, TOW CONTRACTOR shall submit to eITY'S Tow Agreement Monitor, upon request, a log sheet detailing each tow made by TOW eONTRAeTOR during that month, as well as the amount charged and service given for each tow. A copy of the invoice for each tow should accompany the monthly report. H. Failure to comply with the provisions and requirements of Section 5.0 of this Agreement shall result in suspension from the wrecker rotation until such time as TOW eONTRACTOR corrects such noncompliance. Should TOW eONTRAeTOR fail to comply with any of the provisions of this section may, in the discretion of the eity Manager, warrant recommending to the City Commission termination of the eertificate of Qualification and Agreement with TOW CONTRACTOR. 17.0 CODE COMPLIANCE CASES. A. When vehicles or trailers are towed from public property, including right-of-ways, after the appropriate notification, TOW eONTRAeTOR has the option of destroying the vehicle or keeping it safe for sale pursuant to Sections 713.78 and 715.05, Florida Statutes. CA21 B. TOW CONTRACTOR must proceed in accordance with the provisions set forth in Sections 713.78 and 713.05, Florida Statutes. Any breach thereof shall constitute a breach of this Agreement. C. When vehicles or trailers are towed from private property after receiving the appropriate notification, TOW CONTRACTOR must store the vehicle or trailer for a minimum period of thirty-five (35) days, after which time TOW CONTRACTOR has the option to destroy or sell the vehicle or trailer pursuant to Section 713.78, Florida Statutes. 18.0 NON-EXCLUSIVITY OF SERVICES. A. The owner or person in possession of the vehicle or trailer which has been involved in an accident or which has been incapacitated in any other manner shall be given the opportunity to contact a wrecker or tow company of his /her choice, as long as the disabled vehicle does not create a hazardous condition and a reasonable response time can be expected. Said person shall also be given the opportunity to have the vehicle or trailer towed to a garage or compound of his/her choice. B, eITY shall not be liable for any charges for moving, towing, and storage of any vehicle or trailer; nor shall CITY be liable for any damages to any vehicle or trailer resulting from TOW CONTRACTOR'S acts or omissions. C. All vehicles and trailers towed under the request of the CITY, including but not limited to the City's Police Department, Code Compliance Division, Public Works Department, Fire Department, shall be governed by this section. 19.0 INDEMNIFICATION AND HOLD HARMLESS CLAUSE. TOW CONTRACTOR shall defend, indemnify and save CITY, its agents, employees, and police department harmless from and against any and all claims, suits, actions, damages or causes of action whatsoever arising during the term of this Agreement, caused by any act or omission of TOW eONTRACTOR involving bodily injury, loss of life or damage to property, sustained as a result of TOW CONTRACTOR'S duties; and from all costs, attorney's fees, expenses, liabilities, causes of action, investigations, and any administrative or legal proceedings brought therefrom; and from and against all orders, judgments or decrees which may be entered therein. TOW CONTRACTOR shall further defend CITY, its agents, employees and police department in any action brought as a result of the items set forth in this section, and related to performance of this contract by TOW CONTRACTOR. In the event any litigation or other legal proceedings shall arise from this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and all costs and expenses incurred therein, 20.0 NON-DISCRIMINATION. TOW eONTRACTOR hereby agrees and acknowledges that in the performance of this CA22 Agreement, it will not discriminate, or tolerate or permit discrimination on the basis of race, religion, gender, age, handicap, marital status, political affiliation, national origin, or otherwise with respect to its hiring practices and in the performance of the terms of this Agreement. 21.0 POSTING AND PROVIDING CHARGES OF SERVICES. 1. TOW CONTRACTOR shall prominently post in a conspicuous location at its storage facilities and on its tow vehicles and wreckers, a list of charges, as set forth herein. 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 and trailer towed by TOW CONTRACTOR. 2. TOW CONTRACTOR shall not charge for any service that exceeds such posted or listed amount, nor shall TOW CONTRAeTOR perform any service that is not deliniated on such posted or listed schedule without giving the owner or person lawfully in possession a written estimate of the amount that will be due and payable upon completion of the unposted or unlisted service. 22.0 COMPLIANCE WITH LAWS. This Agreement shall be governed by all federal, state, and local laws, regulations, ordinances, and codes, as amended from time to time, and as set forth by any other regulatory agency, including but not limited to, any and all municipal codes, ordinances, or regulations which may govern CITY as a Florida municipal corporation. 23.0 NON-ASSIGNABILITY. The Certificate of Qualification shall not be assigned, sold or transferred in any manner whatsoever. 24.0 DISPOSAL OF VEHICLES. Should TOW CONTRACTOR, as a result of this Agreement, have in its possession any vehicle, trailer, or personal property from therein for a period in excess of ninety (90) days, and be ordered to relinquish such vehicle, trailer or personal property to the eity of Boynton Beach Police Department, TOW CONTRACTOR agrees to do so with no additional charges to CITY, other than that specified in this Agreement. 25.0 MODIFICATION OF THIS AGREEMENT. No waiver or modification of this Agreement or any covenant, condition, provision, or limitation contained therein shall be valid absent the execution and approval of a written addendum executed by both parties. No evidence of any waiver or modification shall be offered or received into evidence in any proceeding, arbitration or litigation between the parties to this Agreement, unless such waiver or modification is duly executed as set forth in this Section. 26.0 ETHICS AND CONDUCT. TOW CONTRACTOR hereby agrees to conduct operations under this Agreement in a courteous, orderly, ethical and businesslike manner. As it is recognized by both parties CAn that this Agreement is sensitive in nature and requires TOW CONTRACTOR and its personnel and employees to work with the public on a daily basis, TOW eONTRACTOR is required to extend common courtesies, including but not limited to: A. Expedite release of vehicle in accordance with the terms of this Agreement; B. Assist the vehicle or trailer owner in retrieving documents from the vehicle or trailer to establish ownership; C. Permit 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; and E. If a dispute occurs, TOW CONTRACTOR 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. 27.0 WRECKER ROTATION LIST PROCEDURE. A. Purpose. The purpose of the wrecker rotation is to have in place a procedure for wrecker call-out on a per incident basis (except Code Compliance). Five separate log books will be utilized and maintained by the CITY'S Communication Division. B. Procedure. 1. Log System a. Logs will be kept based on the breakdown noted: i. Class "A" and "B" Wrecker Companies; 11. Class "C" & "D"Wrecker Companies; and 111. Code Compliance Wrecker Companies (all Class "A"/"B" TOW CONTRACTORS required to participate). IV, City Vehicles Class "A" and "B" and v. City Class "C" & "D" Wrecker Companies b. TOW CONTRACTORS will be filed in alphabetical order, according to corporate name. c. A TOW eONTRACTOR will be called in rotation order from the card file on a per incident basis. 2. Wrecker Response. a. If TOW CONTRACTOR is unable to respond to a call for service, TOW CONTRACTOR will be moved to the end of the list, thereby forfeiting that rotation. b. The CITY official, agent or employee on the scene requesting the wrecker or tow shall determine whether a wrecker remains on the top of the rotation list in the event of cancellation or other circumstances where the wrecker is not used. Said CITY official shall notify the eommunications Division upon cancellation of the tow and the tow company will retain their position on the rotation list. c. The next tow company in the rotation will be contacted in the event TOW CONTRACTOR cannot be reached by the CITY'S Communications Division or TOW eONTRAeTOR has failed to respond within a reasonable time to a hazardous scene. The City CA24 official, agent or employee shall determine, based on his sole discretion, whether the response time was excessive. d. During the midnight shift, the CITY will reconcile logs on a daily basis, and will gather any reports of problems or incidents that were brought to the attention of the dispatch supervisor, who shall forward the same to the Tow Agreement Monitor within the CITY'S Police Department. 3, Rotation Tracking. a. A manual log will be used by CITY to track all vehicle or trailer tows to include rotation wreckers. b. The log shall contain the date and time of the tow, the, tow company, the CITY officer, agent or employee, dispatch, case number, remarks, and a computer check. c. Specific requests from the vehicle or trailer owner or person lawfully in possession will not be charged against the rotation schedule. The request shall be logged as such by CITY in the manual log. If an owner's request cannot be honored for any reason whatsoever, a rotation wrecker will be contacted and so charged on the rotation schedule. 4. Knowledge of Position on Rotation List. a. TOW CONTRACTOR is responsible for knowing its position on the wrecker rotation list. CITY will not provide this information over the telephone. b. The rotation list is public record pursuant to Chapter 119, Florida Statutes, and is available for inspection, by appointment, during regular business hours. 28.0 CODE COMPLIANCE TOWING PROCEDURE. A. Purpose. Standard operating procedure is to be utilized for the removal of vehicles or trailers deemed to be abandoned, unregistered or wrecked as described in Chapter 10, Article ill, Sections 10-50,10-51 and 10-52 of the City of Boynton Beach Code of Ordinances. The towing of these vehicles is to be at no charge to the CITY. B. Procedure. 1. Tow List. a. Tow lists will be faxed from the Code Compliance Division directly to the tow contractor during the month as needed. All tow lists must be returned to the Code Compliance Division within 7 days of receipt of the request for tow. b. Results of the status of each vehicle or trailer will be noted on the list (i.e. towed, gone-on-arrival, or currently licensed). c. Each TOW eONTRACTOR represented in the rotation system shall supply the name of and accessible contact person and that person's phone number to the Code Compliance Division employee responsible for the tow list. CA25 2. Rotation. a. Wrecker companies shall rotate Code Compliance tows on a monthly basis. b. TOW CONTRACTOR is required to notify CITY'S Code Compliance Division and the employee responsible for the tow list, at least ten (IO) days in advance of its month to undertake Code Compliance tows, if said TOW CONTRACTOR is unable to perform such tows as requested by CITY. In the event TOW CONTRACTOR is unable to perform, it shall be moved to the end of the Code Compliance Rotation, and may be subject to penalties as provided in this Agreement. C. TOW CONTRACTOR's failure to perform Code Compliance tows for more than two (2) months during any twelve (12) month period may result in suspension from ALL tow lists for a period of time as determined under the sole discretion of the CITY'S City Manager. C. CITY hereby reserves the right to modify the rotation schedule or procedure for Code Compliance tows under this section of the Agreement in an effort to improve upon the procedure to place Code Compliance tows in the regular rotation or otherwise. 29.0 TERM OF AGREEMENT. This Agreement shall take effect as of the date the Agreement is ratified by Resolution of the eity of Boynton Beach City eommission, and shall have a term of two (2) years from that date. This Agreement shall be automatically renewed for one (I) additional year, unless either party provides written notice via certified mail to the other party within thirty (30) days of the end of the yearly term, that the Agreement shall be terminated at the end ofthe term. 29.1 INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that TOW CONTRACTOR is an independent contractor under this Agreement and not the CITY'S employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. TOW CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out TOW CONTRACTOR'S activities and responsibilities hereunder. TOW CONTRACTOR agrees that it is a separate and independent enterprise from the CITY; that it has full opportunity to find other business; that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the TOW CONTRACTOR and the CITY and the eITY will not be liable for any obligation incurred by TOW CONTRACTOR, including but not limited to unpaid CA26 minimum wages and/or overtime premiums. 29.2 NOTICE. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions ofthis section. For the present, the TOW eONTRACTOR and the CITY designate the following as the respective places for giving of notice: CITY: City Manager City of Boynton Beach P.O. Box 310 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 ToweONTRAeTOR: ZUCALLA'S WREeKER SERVIeE 633 E. INDUSTRIAL AVE. BOYNTON BEACH, FL 33426 ATTN: DREW ZUCALLA 29.3 BINDING AUTHORITY. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 29.4 SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 29.5 GOVERNING LAW. The terms and conditions of this Agreement shall be governed by and interpreted under the laws of the State of Florida. Venue for the purposes of any litigation arising out of this agreement shall be in Palm Beach County, Florida. 29.6 EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between CITY and TOW CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. CAn IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY ~ City Manager STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared , as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESSf OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this _ day of 2005. NOTARY PUBLIC My Commission Expires: CA28 ~~VICE STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Die.. e l<.J 1- (..{ ( (t:t../ ~ , and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is hislher act and deed. IN WITNESS OF THE FOREGOING, I have set my hand State and County aforesaid on this ",,1{ day of ~ 2005. ~... IA- hL~ NOTARY PUBLIC "'';i.vWl',, Barbara M. Madden lt~~Commission # DD125274 :~\ ~: E%pires July 19, 2006 ;..~"'oo::: <:J~~ Bonded Thru "",f.~,~~\'" Atlantic Bonding Co.. Inc. and official seal at in the My Commission Expires: CA29 CERTIFICATE OF QUALIFICATION The City of Boynton Beach, hereby issues this Certificate of Qualification to the following company, and hereby certifies that the company named in this certificate is qualified to perform towing services pursuant to the Towing Service Contract approved by the Boynton Beach City Commission. COMPANY NAME: ZUCCALA'S WRECKER SERVICE ADDRESS: 633 E. Industrial Avenue Boynton Beach, FL 33426 PHONE NUMBER: 561-737-1212 CONTACT PERSON: Drew Zuccala 1L-~ ATTEST: ~~,p~ . Ci Clerk City Manager KURT BRESSNER CITY MANAGER BOYNTON BEACH, Fl 'R05 - ot.lo AGREEMENT FOR VEHICLE TOWING ROTATION PROGRAM The date of this Agreement is the date the last party signs the Agreement as shown on the signature pages and is between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and EMERALD TOWING SERVICE 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: SPECIAL TERMS AND CONDITIONS 1.0 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. 1.1 APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY CITY These rates are the only rates that will be charged vehicle owners under this Agreement: A. TOWING BY ITEM DESCRIPTION (1) Class A (cars, vans, light trucks $135.00 per call under 10,001 GVW) within City limits; (2) Motorcycles within the City limits; $135.00 per call (3) Towing outside the City limits for an additional cars, vans, motorcycles, and light $6.00 per towed trucks 3/4 and less charged only mile for miles starting where city limit is exited to the final destination. No charge applied within city limits. CA-l (4) Class B (vehicles 10,001 to 24,000 GVW) within the City limits; (5) Towing outside the City limits for Class B vehicles only for miles starting where city limit is exited to the final destination. (6) Class C vehicles (24,00lto 53,999 GVW) within City limits; (7) Class C vehicles outside City limits only for miles starting where city limit is exited to the final destination. (8) 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). (9) Miscellaneous other charges 4 X 4/0ff-road vehicle recovery Tarp fee Lowboy service Outside the City limits only for miles starting where city limit is exited to the final destination. No charge applied within city limits. Underwater recovery salvage CA-2 $200.00 per call an additional $7.00 per towed mile $250.00 per call (City vehicle $300.00 all others an additional $8.00 per towed mile $40.00 per half hour $120.00 for the first half hour, and $30.00 per quarter hour thereafter $35.00 per call $175.00 per hour an additional $6.00 per towed mile from City limits $100.00 per hour port to port (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. (11 ) The foregoing rates shall be adjusted March I, 2006, based on the reported increase in the consumer price index for the southeastern region of the United States, comparing the index increase from January 2005 to January 2006. B. STORAGE AND LIEN NOTICE (I) Cars, vans, trucks vesselsltrailers less than 25' Outside storage $25.00 per day Inside storage $35.00 per day (2) Vehicles and vesselsltrailers over 25' Outside storage Inside storage $35.00 per day $50.00 per day (3) Motorcycles Outside storage Inside storage $15.00 per day $20.00 per day (4) Lien Notice (after 24 hours of storage) $50.00 per vehicle $75.00 max. 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. CA-3 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: (I) Class A and B wrecker on the scene; $120.00 per hour and $30.00 per each quarter hour after the first hour. (2) Extra man (each) on the scene $60.00 per hour D. ROAD SERVICE For all trucks, cars, vans and other vehicles under and over 3/4 ton, a road service fee of $60.00 per call may be charged to the vehicle owner for services such as assisted start, unlocking a door, delivering gas, tire changes, etc. 1.2 APPROVED TOWING RATES - CITY OWNED OR CITY LEASED VEHICLES A. All CITY owned or CITY leased vehicles Class "A" and "B" will be towed at fifty (50%) percent ofthe standard charge(s) as set forth above. B. All CITY owned or CITY leased vehicles Class "A" and "B" requiring road service as indicated in Section 1.11 ofthis Agreement will receive such services at fifty (50%) percent of the standard charge(s) as set forth above. C. All 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 and stored at rotation fees. D. All CITY owned or CITY leased vehicles towed under Class "C" or Class "D" will be towed at $250.00 (plus $5.00 per mile for tows more than 10 miles from Public Works Compound). E. All vehicles towed at the request of Code Compliance, 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 forth in Section 1.1 of this Agreement. F. City shall be assessed fifty (50%) percent of waiting time charges. G. Companies that cannot or do not respond to City tows will lose their next rotation slot for a retail tow. Documentation will be maintained by City Communications CA-4 1.3 SPECIAL AND ADDITIONAL CHARGES A. WAITING TIME. The cost for waiting time shall not be assessed by TOW CONTRACTOR until forty-five (45) minutes after arrival at the scene. B. LABOR CHARGES. The cost for labor under any circumstances and when applicable shall not be assessed by TOW CONTRACTOR until thirty (30) 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. C. 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. If there is no mechanical connection, there is no loss of the TOW CONTRACTOR'S spot on the rotation list. D. GATE FEE. A gate fee of $35.00 will be charged by TOW CONTRACTOR when an impounded vehiclelvessel is recovered by owner/authorized agent or when ownerlagent wishes to recover property from an impounded vehiclelvessel after hours, on weekends or holidays. No gate fee will be charged to retrieve a vehiclelvessel or personal property Monday through Friday from 8:00 a.m to 6:00 p.m. (except holidays). 2.0 ELIGIBILITY. A. To be eligible to respond to this RFQ, TOW CONTRACTOR shall be regularly engaged in the towing business on a full-time basis in Palm Beach County 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). B. TOW CONTRACTOR shall 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. C. 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. D. 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. E. TOW CONTRACTOR shall have and maintain an office and storage facility within the City limits at all times during the term of this agreement. The storage facility shall be in full compliance with the terms of this Agreement, and shall be CA-5 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 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. F. TOW CONTRACTOR must maintain at all times, any licenses or permits required by the State of Florida, Palm Beach County and the City of Boynton Beach in order to conduct business as a wrecker or tow service. Proof of said license shall be submitted prior to the approval of this Agreement. G. TOW CONTRACTOR shall be licensed to do business in the City of Boynton Beach pursuant to Chapter 13 of the Boynton Beach Code of Ordinances. H. At all times during the term of this Agreement, TOW CONTRACTOR, its subsidiaries, agents, employees or representatives shall only appear on the rotation list once. Under no circumstances shall a Tow Contractor who has a business, financial or legal relationship with another Tow Contractor be permitted to have more than one place on the rotation list. 2.1 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 RFQ. Any other information 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 applicant to respond to a requirement, the response should include a reference to the document number and page number. This will provide a quick reference for the evaluators 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 LEGIBLE. IF PROPOSAL IS NOT LEGIBLE, IT WILL NOT BE ACCEPTED. ANY ILLEGIBLE APPLICATIONS THAT ARE RECEIVED WILL BE AUTOMATICALLY DISQUALIFIED AND WILL NOT BE CONSIDERED. CA-6 2.2 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 service for the removal of vehicles within the City of Boynton Beach when required and when dispatched or required by the City of 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. C. 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. D. At an accident scene, TOW CONTRACTOR shall remove from the street and surrounding area all broken glass and other debris resulting from the accident. E. 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. However, if the tow is cancelled, the tow company will retain their position in the rotation. 2.3 SPECIFICATIONS FOR WRECKERS. A. TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to two (2) CLASS "A" TOWINGIRECOVERY VEHICLES meeting the specifications set forth in Palm Beach County code. B. TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS "B" TOWINGIRECOVER Y VEHICLE, meeting the specifications set forth in Palm Beach County code. C. 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" TOWINGIRECOVERY VEHICLE meeting the specifications set forth in Palm Beach county code. D. Class "C" and/or "D" TOW CONTRACTORS must have the ability to tow an aerial fire truck that is approximately 64,000 pounds GVW, any sanitation truck, and a Track Excavator that is approximately 30 tons. CA-7 E. TOW CONTRACTOR shall own, lease, or mortgage and have immediate access to at least one (1) motorcycle trailer. F. EACH AND EVERY tow truck or recovery vehicle must be outfitted with the following supplies and equipment: 1. 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; 3. One (I) heavy-duty push broom; 4. A flood light on the hoist; 5. One (1) flat-nose shovel; 6. One (1) ax; 7. One (1) crowbar; 8. At least one (1), five (5) pound Carbon dioxide fire extinguisher with a current inspection tag. The fire extinguisher must be an approved type; 9. One (1) pair ofboIt cutters; 10. One (1) set of jumper cables; 11. One (1) four-wait lug wrench; 12. One (1) high-intensity flashlight; 13. One (1) set of red highway reflectors; 14. Five (5) thirty minute flares; 15. Each wrecker and tow vehicle shall contain a telephone or radio communications system to enable continuous direct contact between the driver and the office of TOW CONTRACTOR; and 16. Each vehicle shall be specifically designed, constructed and equipped for the towing of vehicles, and shall at all times, be properly maintained in a mechanically safe condition. CA-8 G. To be awarded and to maintain a certificate of qualification, a Class "A"/"B" TOW CONTRACTOR shall have in operational condition at the time the certificate of qualification is awarded and for the duration of this agreement at least two (2) Class "A" wreckers, and one (1) Class "B" wrecker. H. TOW CONTRACTOR shall have available at all times, sufficient equipment to perform all services required herein on a timely and responsible basis. TOW CONTRACTOR shall notify CITY in the event any of the required equipment, as set forth in this Agreement, is inoperable, sold, levied upon, repossessed or attached. 3.0 STANDARDS OF CONDUCT FOR TOW CONTRACTORS. A. TOW 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 requirements. B. TOW CONTRACTOR shall be the holder of a general towing and wrecker service license issued by Palm Beach County and shall be the holder or any licenses requirea by Florida law and the City of Boynton Beach. C. Each wrecker shall be manned by a driver who must meet the following qualifications: 1. Possesses a valid State of Florida required Commercial Drivers License (CDL); 2. Possess knowledge of the layout of streets and roadways within the City of Boynton Beach; and 3. Be physically qualified to perform the normal and everyday tasks required of a tow truck operator. D. TOW CONTRACTOR shall ensure that each driver operates the company's equipment in a safe and proper manner in accordance with operating manuals and Florida Statutes. Upon receipt of a complaint from the City of Boynton Beach Police Department on a driver's unsafe, unlawful or improper operation, documented corrective action must be taken by TOW CONTRACTOR. 4.0 FACILITIES. TOW CONTRACTOR shall maintain a storage facility for all impounded vehicles. There shall be an outside, enclosed area and an inside storage area. All facilities shall be located within the City limits and be owned or leased by TOW CONTRACTOR. TOW CONTRACTOR's storage facilities cannot be relocated without written consent from CITY. Should TOW CONTRACTOR relocate without obtaining said consent, the relocation shall constitute a breach of this Tow Agreement. CA-9 1. OFFICE FACILITIES. It shall be the duty of TOW CONTRACTOR to maintain office facilities: a. to include telephone and restroom facilities, and a work area containing, for example, a desk, phone, facsimile machine, computer, etc.; b. with a physical plant having the name of the company and the mailing address and 24-hour phone number clearly painted; c. that are accessible to CITY officials at anytime, 24 hours a day, 7 days a week; and d. that maintains a radio communication system at all times, 24 hours per day, 7 days a week. TOW CONTRACTOR shall not utilize any phone answering services(s), as said services are strictly prohibited under the terms of this Agreement, and use of such services shall constitute a breach thereof. 2. OUTSIDE STORAGE a. Outside storage shall be kept and maintained to provide for the removal of junk, tires, and auto parts; the regular trimming of all shrubbery, bushes, trees and grass areas (along fence line and on property); and adequate drainage to prevent standing water. b. Outside storage areas 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 a fence or wall, including all gates, doors, or roofed open areas shall be equipped with not less than twelve (12) inches of barbed wire installed in such a manner as to discourage access over the top of such a fence or wall. All fences and walls shall be maintained in good repair throughout the term of this Agreement. Any damage to such walls or fences shall be repaired within twenty-four (24) hours of its occurrence. c. The area must have a vehicle storage capacity of at least twenty-five (25) vehicles. This storage will predominantly be utilized for accident tows, designated "HOLD," confiscated, and evidence vehicles. A secondary storage area may be located within a ten (10) mile radius of the City of Boynton Beach, and may be utilized for Code Compliance-related tows. 3. INSIDE STORAGE. TOW CONTRACTOR shall be capable of storing up to three (3) vehicles in inside storage, and shall maintain at least one (1) inside storage space that shall meet the following specifications: a. a working area of 9' X 20' per vehicle with at least an eight (8') foot high ceiling; CAW b. a paved floor (i.e. concrete, asphalt) that is free from dirt, standing water and vegetation; c. an electrical lighting source sufficient to permit processing of a vehicle; and d. one (1) outside window or a ventilation system. 4. CRIME SCENE, CONFISCATED, SPECIAL "HOLD" STORAGE a. Any vehicle towed or 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 be stored to prevent physical contamination or degradable evidence from deteriorating, and by inside storage. If inside storage is not available, CONTRACTOR shall surrender the tow and fee to the next Contractor in rotation. This shall not prevent CITY from removing the vehicle or trailer and storing it at a City-owned or controlled facility or at another Tow Contractor's storage compound. c. If laboratory work on a crime scene vehicle 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 such compound for whatever period of time necessary, in order to properly process the vehicle and conduct any investigation necessary. Vehicles towed by the Police Department such as Impounds for Investigative/Evidence purposes; the City is responsible for payment of storage at City rates. The Owner shall NOT be charl!ed for any storal!e fees. e. Confiscated vehicles or vehicles involved in litigation shall be protected from the elements, preferably at an inside storage facility, as to maintain the vehicle in its condition at the time of towing. This shall not prevent CITY from removing the vehicle and storing the vehicle at a City owned or controlled facility or at another Tow Contractor's facility. f. City of Boynton Beach Police Department personnel shall be permitted access to all such vehicles at all times. 5.0 PERFORMANCE PROBATION PERIOD. A. 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 evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the standards set forth in this Agreement, the City Commission may, upon the recommendation of City staff, by written notice setting forth the default under the CAll Agreement terms, revoke the Certificate of Qualification. If performance is acceptable at the end of the probationary period described herein, TOW CONTRACTOR will be so notified by the City. B. Should the City Commission revoke a Certificate of Qualification within the three (3) month probationary period, another Certificate of Qualification may be awarded to an eligible company as determined by the City Commission. 5.1 ROLE OF CITY MANAGER AS TO PENAL TIES. The City Manager for CITY shall have the power to formally reprimand TOW CONTRACTOR, suspend the Certificate of Qualification, suspend activities of TOW CONTRACTOR under the terms of this Agreement, recommend to the City Commission revocation of the Certificate of Qualification, and recommend to the City Commission that this Agreement with TOW CONTRACTOR be terminated. 5.1.1 FORMAL REPRIMAND. Upon review of materials provided to himlher by City staff, the City Manager may issue a written reprimand to TOW CONTRACTOR for any act or omission, which in hislher sole discretion, is deemed to be a violation of this Agreement. A written reprimand for an act or omission in violation of the terms of this Agreement shall be grounds for recommending termination of the Certificate of Qualification should the City Manager deem such action to be appropriate under the circumstances. 5.1.2 REVOCATION. In the event any criteria for qualifications established by this Agreement are violated by a Certificate Holder (TOW CONTRACTOR), CITY may serve written notice upon Certificate Holder of the recommended revocation of the Certificate of Qualification and/or termination of the Agreement. However, any and all liabilities of TOW CONTRACTOR and the surety for acts, omissions, or violations occurring prior to the date of cancellation shall not be affected, waived or otherwise as a result of the cancellation. In the event City Manager for CITY recommends revocation of the Certificate of Qualification and/or termination of the Agreement with TOW CONTRACTOR, such a recommendation shall be considered by the City Commission for CITY. 5.1.3 COMPLAINTS AGAINST TOW CONTRACTOR. TOW CONTRACTOR hereby agrees that any complaints received by CITY concerning the performance of TOW CONTRACTOR'S duties under this Agreement and otherwise shall be referred to the City Manager of the City of Boynton Beach. The failure of TOW CONTRACTOR to follow any subsequent reasonable instruction of the City Manager regarding any complaint will be considered a material breach of this Agreement and the awarded Certificate of Qualification, and shall be cause for termination thereof. 5.1.4 REPUTABILITY. Lack of reputability shall be cause for revocation of a Certificate of Qualification and shall include, but not be limited to the following: CAl2 A. Misstatements concerning the convIctIon of any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; B. Retaining any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; C. Retaining any officer, employee or agent convicted of any felony or first degree misdemeanor directly related to the business and/or operation of a wrecker, when that person's civil rights have not been restored. For the purpose of this Agreement, any offense involving peIjury, false statement or theft shall be considered to be directly related to the business operation of a wrecker. D. Retaining any officer, employee or agent convicted of the offense of driving under the influence of alcohol or any other controlled substance to the extent that normal faculties are impaired; of the offense of driving a vehicle and having an unlawful blood alcohol level; or of any other criminal traffic offense. 5.1.5 SUSPENSION Should at any time during the term ofthis Agreement, including during any option terms, the tow company be in'violation of any ofthe terms and conditions of this Agreement, the City Manager or his or her designated agent shall have the right to suspend the company until the violation is resolved to the satisfaction of City staff. If the violation is not promptly resolved or is of such a serious nature that the City Manager determines that suspension is inadequate, the City Manager reserves the right to recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR for cause. Should at any time during the term of this Agreement, including during any option terms, TOW CONTRACTOR or its principals become the subject of a criminal investigation, the City Manager shall have the right to suspend TOW CONTRACTOR's Certificate of Qualification pending the outcome of any criminal investigation and trial, should one result. Upon the conclusion of a criminal investigation that does not result in criminal charges against TOW CONTRACTOR or its principals, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR, or the City Manager may lift the suspension, thereby reinstating the Certificate of Qualification to TOW CONTRACTOR. If an adjudication of guilt is entered against TOW CONTRACTOR at the conclusion of a trial or via plea bargaining with the State, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR or City Manager may reinstate. 6.0 COMMERCIALLY MANUFACTURED EQUIPMENT. A. Each tow truck, recovery vehicle and all equipment owned, leased, or mortgaged by TOW CONTRACTOR shall be commercially manufactured and shall conform to the requirements set forth herein or be approved by CITY or its designee. B. Each tow truck, recovery vehicle, and all equipment utilized by TOW CAB CONTRACTOR shall be maintained in good mechanical condition at all times. C. Each tow truck, recovery vehicle, and all equipment is subject to inspection by CITY or its designee at all times during the term of this Agreement. D. No vehicle of TOW CONTRACTOR shall be used as an emergency vehicle, except when the circumstances justify the use of the vehicle in that manner. (i.e. flashing lights are to be used only when necessary). 6.1 MARKINGS. TOW CONTRACTOR agrees to have no markings on vehicles, buildings, or correspondence that indicates or tends to indicate any official relationship between TOW CONTRACTOR and the City of Boynton Beach. 7.0 SITE CLEAN-UP. TOW CONTRACTOR shall, at no cost to CITY, the public or the owner of the towed vehicle or trailer, promptly remove all debris from the public street, sidewalks, parks, and property of CITY; and shall remove the same to a proper place for disposal if the accident scene is, will or has been served by TOW CONTRACTOR, its agents or employees. The owner of the vehicle or trailer towed may be charged pursuant to the rate schedules set forth in this Agreement for the clean-up of hazardous wastes, chemicals, construction debris and spilled loads. 8.0 EMPLOYEES. TOW CONTRACTOR agrees to maintain, and upon request, provide to the City of Boynton Beach Police Department the following information on all officers, employees, agents, and servants, and to be responsible for keeping the information accurate and current: name, address, date of birth, driver's license number, social security number, and photograph. TOW CONTRACTOR agrees that the owner(s) of the company or the officers of the company, if a corporation, shall be personally responsible for the acts of their employees, while said employees are on-duty. TOW CONTRACTOR further acknowledges and agrees to notify its employees that CITY may run drivers license histories on any driver at any time with or without cause. 9.0 TWO OR MORE APPLICATIONS UNDER DIFFERENT NAMES RECEIVED FROM ONE PROPOSER. If more than one application is submitted by anyone proposer, by or in the name of his or their clerk, partner, or other persons, and it is determined by CITY staff that such applicant is under single, identical, or substantially the same ownership, all such applications will be rejected. If the above described dual ownership is not revealed until the contract term has begun, said action shall constitute grounds for revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR. 10.0 RESPONSE TIME. A. TOW CONTRACTOR shall, at the request of the CITY Police Department or other CITY official requesting tow truck service at any time of the day or night, arrive at the scene with the appropriate equipment within the following time limit CAl4 depending upon the vehicle class requested: CLASS A CLASS B CLASS C 30 minutes from request 30 minutes from request 45 minutes from request B. TOW CONTRACTOR assumes all liability in meeting the required class response time, including but not limited to, any and all damages resulting from traffic accidents and motor vehicle infraction fines occurring after the response time limit has expired. C. In the event TOW CONTRACTOR fails to respond in a timely manner, the department of CITY requesting the service shall document the untimeliness, and forward said writing to the Agreement Administrator. D. The following penalties shall apply should any TOW CONTRACTOR fail to respond within the class response time set forth in Section 3.1(A) of this Agreement or skip any tow directed by the City of Boynton Beach. Within a 12 month period 1. 1 st offense 2. 2nd offense 3. 3rd offense and greater Penalty Certified letter of warning One (1) month suspension Termination of Agreement with CITY and revocation of certificate of qualification E. TOW CONTRACTOR may appeal a suspension of two (2) months or more to the City Commission, and if TOW CONTRACTOR can show by substantial and competent evidence that extenuating circumstances beyond TOW CONTRACTOR's control caused the failure to timely respond, the suspension may be lifted by the City Commission. F. All appeals must be made in writing to the City Manager within thirty (30) days of the action, and shall fully set forth the basis for the appeal. Suspensions shall not be stayed during any pending appeals. G. City Manager recommendation for termination of this agreement and revocation of the certificate of qualification under this section requires consideration and action by the City Commission. 11.0 SUBCONTRACTING. TOW CONTRACTOR shall not subcontract its services to secure additional wreckers or storage space required under this Agreement. TOW CONTRACTOR must own, lease, or mortgage the vehicles, equipment and storage space required under this Agreement. Evidence of ownership of all vehicles is required. All registrations of vehicles are due at the time of submitting this RFQ. CAl5 12.0 BENEFITS FROM REPAIRS. A. In the event TOW CONTRACTOR holding a certificate of qualification operates an automobile repair and/or automobile paint and body repair business, TOW CONTRACTOR shall provide written notification to the owner or representative of the owner of the vehicle towed under the provisions of this Agreement, that there is no obligation to have any automobile, vehicle or trailer repairs and/or automobile, vehicle or trailer paint and body work done by TOW CONTRACTOR. B. TOW CONTRACTOR shall notify CITY in wntmg of any and all repairs completed on vehicles, automobiles, trucks, and trailers by TOW CONTRACTOR towing a vehicle under the provisions of this Agreement. The written notification to vehicle owner that there is no obligation to have TOW CONTRACTOR undertake any repairs to the vehicle shall be included. 13.0 INSURANCE REQUIREMENTS. A. TOW CONTRACTOR'S liability insurance policies shall name the CITY as an additional insured. B. During the ferm of this Agreement, TOW CONTRACTOR shall have in effect insurance with those limits specified in this Section. Copies of said insurance policy or certificate of insurance must be furnished to CITY's Purchasing Department and Risk Management Department immediately after approval of Agreement by the City Commission. CITY may request proof of insurance or the name and phone number of insurer at any time during the term of the Agreement, and TOW CONTRACTOR must respond with said proof of insurance within five (5) days of the request. Failure to provide the proof of insurance required in this section or the name and phone number of insurer as requested shall result in automatic suspension of the certificate of qualification and may be grounds for termination of this Agreement with TOW CONTRACTOR. C. TOW CONTRACTOR shall supply CITY with a Certificate of Insurance for the coverages and limits as shown in this Section. A thirty (30) day cancellation clause in favor of CITY shall be included in the Policy and the Certificate. D. TOW CONTRACTOR, at its own cost and expense, shall keep in force at all times, and shall maintain the following during the terms of this Agreement: 1. Comprehensive General Liability Insurance with minimum limits of coverage of One Million ($1,000,000.00) Dollars per incident Combined Single Limit for Bodily Injury Liability and Property Damage Liability. 2. Automobile Liability Insurance coverage in the minimum amount of Three Hundred Thousand ($300,000.00) Dollars per person/per incident and property damage coverage of One Hundred Thousand ($100,000.00) Dollars per incident. 3. Garage Keeper's Legal Liability Insurance coverage In the mlrumum CAl6 amount of Seventy-five Thousand ($75,000.00) Dollars to protect owners of any and all vehicles and trailers towed or stored by TOW CONTRACTOR pursuant to this Agreement, from any loss or damage to such vehicle or trailer on account of such removal or storage. E. TOW CONTRACTOR shall provide CITY with Certificate(s) of Insurance on all policies of insurance and renewals thereof in a form acceptable to CITY. Each policy shall provide that CITY as an additional insured, and that the CITY shall be notified by the insurer in writing of any cancellation at least thirty (30) days prior to the effective date of cancellation. F. Each and every insurance policy must be issued by companies acceptable to CITY'S Risk Management, and licensed, qualified and authorized to do business in the State of Florida. All policies must be at lease six (6) months in duration. G. Each TOW CONTRACTOR shall show proof of the insurance required under this Section prior to the issuance of a Certificate of Qualification. TOW CONTRACTOR shall not commence operation under the term of this Agreement, until certification or proof of insurance, detailing terms and provisions of coverage, has oeen received, reviewed, and approved by CITY. H. TOW CONTRACTOR agrees to maintain, at its own cost and expense, worker's compensation coverage required by the State. 13.1 TOW CONTRACTOR'S LIABILITY. A TOW CONTRACTOR shall be liable for any towed vehicle and property contained therein. B. TOW CONTRACTOR or its employee, representative, or agent shall inventory all personal property contained in each vehicle towed. The Tow companies are relieved of liability for property inside of the vehicle that was not listed on the inventory report completed by the officer on the scene. C. The inventory shall be made in triplicate and shall be signed by the person composing it. One copy shall be given to the owner or person in possession of the vehicle, or shall be securely attached to the vehicle; one copy shall be forwarded to the Boynton Beach Police Department, and the final copy shall be retained by TOW CONTRACTOR. 13.2 NON-LIABILITY OF CITY FOR TOWED VEHICLES. CITY shall not be responsible or liable in any manner whatsoever for either the collection or payment of any charges for services rendered, including towing and storage. 14.0 ACCESSIBILITY OF STORAGE FACILITIES. TOW CONTRACTOR agrees that all storage areas shall be accessible between the hours of 8:00 AM. and 6:00 P.M., Monday through Friday and 9 A.M. and 12 PM, Saturday; therefore the Gate Fee shall not be charged during the applicable business hours. CA17 Authorized personnel of TOW CONTRACTOR shall be available during such times to assure that the obligations and services, including retrieval of stored vehicles by the public, required of TOW CONTRACTOR are available and fulfilled. Accordingly, there shall be no "gate fees" charged to the CITY for retrieving or gaining access to a vehicle in storage. There will be a $40.00 gate fee charged to any individual(s) or other entity retrieving a vehicle from storage. 14.1 PROTECTION OF VEHICLES AND PROPERTY. A. Vehicles and trailers stored in enclosed areas shall be stored under "lock and key." B. TOW CONTRACTOR 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. C. TOW CONTRACTOR 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. 14.2 INSPECTION OF FACILITIES. A. Storage facifities shall be subject to inspection and shall be approved by CITY prior to award of the Certificate of Qualification and the execution of this Agreement. Storage facilities shall be subject to periodic inspections during the term of Agreement when deemed necessary by the City Manager's office or the CITY'S Police Department. B. Notice of any deficiencies or violations of this Agreement discovered by CITY with respect to storage facilities shall be submitted to TOW CONTRACTOR in writing, and TOW CONTRACTOR shall remedy the same within ten (10) days of receipt of such notice. The Agreement may be terminated and the Certificate of Qualification revoked, or suspended at the option of the CITY. 14.3 RELEASES OF VEHICLES AND PERSONAL PROPERTY. A. TOW CONTRACTOR agrees to release any vehicle or trailer that has not been marked "HOLD." Any vehicle or trailer marked "HOLD" shall not be released without the prior written consent of the City of Boynton Beach Police Department. B. All persons applying for release of the vehicle or trailer from TOW CONTRACTOR shall present adequate proof of ownership or right to possession. Upon release, TOW CONTRACTOR shall give a receipt and itemized statement indicating all charges related to the impounding of the vehicle or trailer to the owner or person entitled to possession. C. Rightful owners shall be able to retrieve their towed vehicle or trailer from TOW CONTRACTOR twenty-four (24) hours a day, seven (7) days a week, including legal holidays, provided the appropriate documentation has been filed. D. Any vehicle or trailer declared to be abandoned, junk or constituting a nuisance CA-l8 may only be released under the authority of the Boynton Beach Police Department. E. Any customer contacting TOW CONTRACTOR by telephone or otherwise prior to customer's arrival at the storage site shall be advised of the following by TOW CONTRACTOR: 1. each and every document or other item needed to retrieve vehicle; 2. exact charges at the time of contact and any additional charges that may accumulate subsequent to contact and before retrieval; 3. acceptable methods of payment; and 4. the hours and days that the storage site is open for regular business. F. If all matters are in order, customer shall be returned to possession of the towed vehicle or trailer within thirty (30) minutes ofthe request. 14.4 PERSONAL PROPERTY LOSS. A. CITY shall not be responsible for any loss or damage to vehicles to trailers, to any personal property contained therein, or to any vehicle accessories, regardless of the cause of such damage or loss. TOW CONTRACTOR shall hold CITY harmless as to any claims, suits or actions alleging such loss or damage. Personal property found in vehicles or trailers that have been stored by TOW CONTRACTOR shall not be sold or disposed of in any way to defray any charges for storage or towing. B. TOW CONTRACTOR shall be held accountable for all personal property and vehicle accessories inventoried at the time the vehicle or trailer is towed, while the vehicle is stored at TOW CONTRACTOR'S storage facility , and while TOW CONTRACTOR disposes of junk, abandoned and nuisance vehicles. TOW CONTRACTOR shall make restitution to owner for all such losses occurring by theft, fire, or other damage. 14.5 DESTINATION OF TOWED VEHICLE. TOW CONTRACTOR shall not move any vehicle or trailer to any location (specified at time of tow) other than that designated by a CITY Police Officer or other authorized CITY representative, or owner or person in possession of vehicle. ALL CITY owned or leased vehicles towed from a location within Palm Beach County shall be towed, as requested to CITY property. Each and every vehicle towed from within the city limits shall be towed to a storage facility within the city limits of Boynton Beach, Florida, and shall remain at that location for at least seven (7) days. 15.0 RADIO COMMUNICATION. A. All towing vehicles and wreckers must be equipped with two-way radio or telephone communication. The range of the communication system shall, at a minimum, extend throughout the Boynton Beach city limits. Accordingly, the base station for the above equipment must be strong and powerful enough to provide city-wide coverage. A citizens band radio is insufficient to meet this requirement. CAl9 B. Any radio communication shall, at no time, be tuned into any police frequencies. C. Guidelines of the Federal Communication Commission (FCC) shall prevail. D. TOW CONTRACTOR shall, at all times, have a competent employee(s) manning the communication system. E. TOW CONTRACTOR shall provide a 24-hour emergency telephone number to be answered by a TOW CONTRACTOR employee designated to respond to emergency calls for service. This service is in addition to the communication system required in subsections 4.5(A)-(D) above, and is necessary so that TOW CONTRACTOR can provide timely and efficient service 24 hours a day, seven days a week. 16.0 REPORTS AND RECORDKEEPING. A. TOW CONTRACTOR shall make available upon request to the CITY'S Police Department, weekly reports of vehicles and trailers towed at the request of the Police Department. The written reports will be designed and supplied by CITY and the following information shall be provided thereon: 1. Name and owner of driver; 2. model and make of vehicle or trailer; 3. license plate number; 4. vehicle identification number; 5. time, date and location of tow; 6. circumstances requiring tow; 7. whether or not a "HOLD" was placed on the vehicle by the Police Department; 8. time dispatched to scene and time of arrival; 9. storage facility where vehicle is stored; and 10. the date, time and name of employee releasing the vehicle. B. TOW CONTRACTOR shall make available upon request by the CITY'S Police Department, a complete and detailed listing of all vehicles and trailers which have been impounded or stored for periods of thirty (30) days or more. Form to be provided by the CITY. Any vehicle or trailer that has not been claimed for a period of thirty (30) days from the towing of the vehicle, shall be reported in writing to the Police Department. C. Services related to CITY owned or leased vehicles or trailers shall be logged and forwarded by TOW CONTRACTOR on a monthly basis to the CITY Public Works Director. All such logs shall identify the vehicle or trailer towed, the location from which it was towed, and the hours and dates applicable to TOW CONTRACTOR'S services with respect to those vehicles or trailers. The "service ticket" shall include the signature of the authorized CITY employee approving towing of the CITY vehicle or trailer. TOW CONTRACTOR shall provide such information, until such time as a form is provided to it by CITY, which then must be completed by TOW CONTRACTOR. CA20 D. TOW CONTRACTOR shall maintain at its place of business records containing the following information: 1. a vehicle storage receipt of each vehicle on the premises; 2. a monthly log of all calls for service by the Police Department; 3. a notification log indicating the date, time and method of notification to the registered owner ofthe stored vehicle or trailer; and 4. A daily log setting forth a list of all vehicles towed, as well as information on each vehicle as required by Section 5.0(A) ofthis Agreement. E. INSPECTIONS. 1. TOW CONTRACTOR shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services relative to this Agreement. 2. TOW CONTRACTOR shall make available for inspection by authorized CITY personnel the compounds and storage facilities required herein. 3. In order to facilitate inspection and audits by authorized CITY personnel, records maintained by TOW CONTRACTOR relative to services provided under this Agreement shall be kept separate and apart from other company records. F. RECORDS RETENTION AND RIGHT TO ACCESS. TOW CONTRACTOR shall preserve and make available for inspection and/or removal for the purpose of copying, all financial records related to performance and billing under the terms of this Agreement, upon five (5) days prior notice. All records shall be maintained for a period of three (3) years after termination of this Agreement. If an audit has been initiated within that three (3) year period, but findings from the audit have not been resolved, the records shall be retained and maintained until resolution of audit findings. G. For monitoring purposes, TOW CONTRACTOR shall submit to CITY'S Tow Agreement Monitor, upon request, a log sheet detailing each tow made by TOW CONTRACTOR during that month, as well as the amount charged and service given for each tow. A copy of the invoice for each tow should accompany the monthly report. H. Failure to comply with the provisions and requirements of Section 5.0 of this Agreement shall result in suspension from the wrecker rotation until such time as TOW CONTRACTOR corrects such noncompliance. Should TOW CONTRACTOR fail to comply with any of the provisions of this section may, in the discretion of the City Manager, warrant recommending to the City Commission termination of the Certificate of Qualification and Agreement with TOW CONTRACTOR. 17.0 CODE COMPLIANCE CASES. A. When vehicles or trailers are towed from public property, including right-of-ways, after the appropriate notification, TOW CONTRACTOR has the option of destroying the vehicle or keeping it safe for sale pursuant to Sections 713.78 and 715.05, Florida Statutes. CA21 B. TOW CONTRACTOR must proceed in accordance with the provisions set forth in Sections 713.78 and 713.05, Florida Statutes. Any breach thereof shall constitute a breach of this Agreement. C. When vehicles or trailers are towed from private property after receiving the appropriate notification, TOW CONTRACTOR must store the vehicle or trailer for a minimum period of thirty-five (35) days, after which time TOW CONTRACTOR has the option to destroy or sell the vehicle or trailer pursuant to Section 713.78, Florida Statutes. 18.0 NON-EXCLUSIVITY OF SERVICES. A. The owner or person in possession of the vehicle or trailer which has been involved in an accident or which has been incapacitated in any other manner shall be given the opportunity to contact a wrecker or tow company ofhislher choice, as long as the disabled vehicle does not create a hazardous condition and a reasonable response time can be expected. Said person shall also be given the opportunity to have the vehicle or trailer towed to a garage or compound of hislher choice. B. CITY shall not be liable for any charges for moving, towing, and storage of any vehicle or trailer; nor shall CITY be liable for any damages to any vehicle or trailer resulting from TOW CONTRACTOR'S acts or omissions. C. All vehicles and trailers towed under the request of the CITY, including but not limited to the City's Police Department, Code Compliance Division, Public Works Department, Fire Department, shall be governed by this section. 19.0 INDEMNIFICATION AND HOLD HARMLESS CLAUSE. TOW CONTRACTOR shall defend, indemnify and save CITY, its agents, employees, and police department harmless from and against any and all claims, suits, actions, damages or causes of action whatsoever arising during the term of this Agreement, caused by any act or omission of TOW CONTRACTOR involving bodily injury, loss of life or damage to property, sustained as a result of TOW CONTRACTOR'S duties; and from all costs, attorney's fees, expenses, liabilities, causes of action, investigations, and any administrative or legal proceedings brought therefrom; and from and against all orders, judgments or decrees which may be entered therein. TOW CONTRACTOR shall further defend CITY, its agents, employees and police department in any action brought as a result of the items set forth in this section, and related to performance ofthis contract by TOW CONTRACTOR. In the event any litigation or other legal proceedings shall arise from this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and all costs and expenses incurred therein. 20.0 NON-DISCRIMINATION. TOW CONTRACTOR hereby agrees and acknowledges that in the performance of this CAn Agreement, it will not discriminate, or tolerate or permit discrimination on the basis of race, religion, gender, age, handicap, marital status, political affiliation, national origin, or otherwise with respect to its hiring practices and in the performance of the terms of this Agreement. 21.0 POSTING AND PROVIDING CHARGES OF SERVICES. 1. TOW CONTRACTOR shall prominently post in a conspicuous location at its storage facilities and on its tow vehicles and wreckers, a list of charges, as set forth herein. 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 and trailer towed by TOW CONTRACTOR. 2. TOW CONTRACTOR shall not charge for any service that exceeds such posted or listed amount, nor shall TOW CONTRACTOR perform any service that is not deliniated on such posted or listed schedule without giving the owner or person lawfully in possession a written estimate of the amount that will be due and payable upon completion of the unposted or unlisted service. 22.0 COMPLIANCE WITH LAWS. This Agreement shall' be governed by all federal, state, and local laws, regulations, ordinances, and codes, as amended from time to time, and as set forth by any other regulatory agency, including but not limited to, any and all municipal codes, ordinances, or regulations which may govern CITY as a Florida municipal corporation. 23.0 NON-ASSIGNABILITY. The Certificate of Qualification shall not be assigned, sold or transferred in any manner whatsoever. 24.0 DISPOSAL OF VEHICLES. Should TOW CONTRACTOR, as a result of this Agreement, have in its possession any vehicle, trailer, or personal property from therein for a period in excess of ninety (90) days, and be ordered to relinquish such vehicle, trailer or personal property to the City of Boynton Beach Police Department, TOW CONTRACTOR agrees to do so with no additional charges to CITY, other than that specified in this Agreement. 25.0 MODIFICATION OF THIS AGREEMENT. No waiver or modification of this Agreement or any covenant, condition, provision, or limitation contained therein shall be valid absent the execution and approval of a written addendum executed by both parties. No evidence of any waiver or modification shall be offered or received into evidence in any proceeding, arbitration or litigation between the parties to this Agreement, unless such waiver or modification is duly executed as set forth in this Section. 26.0 ETHICS AND CONDUCT. TOW CONTRACTOR hereby agrees to conduct operations under this Agreement in a courteous, orderly, ethical and businesslike manner. As it is recognized by both parties CAn that this Agreement is sensitive in nature and requires TOW CONTRACTOR and its personnel and employees to work with the public on a daily basis, TOW CONTRACTOR is required to extend common courtesies, including but not limited to: A. Expedite release of vehicle in accordance with the terms of this Agreement; B. Assist the vehicle or trailer owner in retrieving documents from the vehicle or trailer to establish ownership; C. Permit 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; and E. If a dispute occurs, TOW CONTRACTOR 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. 27.0 WRECKER ROTATION LIST PROCEDURE. A. Purpose. The purpose of the wrecker rotation is to have in place a procedure for wrecker call-out on a per incident basis (except Code Compliance). Five separate log books will be utilized and maintained by the CITY'S. Communication Division. B. Procedure. 1. Log System a. Logs will be kept based on the breakdown noted: i. Class "A" and "B" Wrecker Companies; II. Class "C" & "D"Wrecker Companies; and Ill. Code Compliance Wrecker Companies (all Class "A"/"B" TOW CONTRACTORS required to participate). IV. City Vehicles Class "A" and "B" and v. City Class "C" & "D" Wrecker Companies b. TOW CONTRACTORS will be filed in alphabetical order, according to corporate name. c. A TOW CONTRACTOR will be called in rotation order from the card file on a per incident basis. 2. Wrecker Response. a. If TOW CONTRACTOR is unable to respond to a call for service, TOW CONTRACTOR will be moved to the end of the list, thereby forfeiting that rotation. b. The CITY official, agent or employee on the scene requesting the wrecker or tow shall determine whether a wrecker remains on the top of the rotation list in the event of cancellation or other circumstances where the wrecker is not used. Said CITY official shall notify the Communications Division upon cancellation of the tow and the tow company will retain their position on the rotation list. c. The next tow company in the rotation will be contacted in the event TOW CONTRACTOR cannot be reached by the CITY'S Communications Division or TOW CONTRACTOR has failed to respond within a reasonable time to a hazardous scene. The City CA24 official, agent or employee shall determine, based on his sole discretion, whether the response time was excessive. d. During the midnight shift, the CITY will reconcile logs on a daily basis, and will gather any reports of problems or incidents that were brought to the attention of the dispatch supervisor, who shall forward the same to the Tow Agreement Monitor within the CITY'S Police Department. 3. Rotation Tracking. a. A manual log will be used by CITY to track all vehicle or trailer tows to include rotation wreckers. b. The log shall contain the date and time of the tow, the tow company, the CITY officer, agent or employee, dispatch, case number, remarks, and a computer check. c. Specific requests from the vehicle or trailer owner or person lawfully in possession will not be charged against the rotation schedule. The request shall be logged as such by CITY in the manual log. If an owner's request cannot be honored for any reason whatsoever, a rotation wrecker will be contacted and so charged on the rotation schedule. 4. Knowledge of Position on Rotation List. a. TOW CONTRACTOR is responsible for knowing its position on the wrecker rotation list. CITY will not provide this information over the telephone. b. The rotation list is public record pursuant to Chapter 119, Florida Statutes, and is available for inspection, by appointment, during regular business hours. 28.0 CODE COMPLIANCE TOWING PROCEDURE. A. Purpose. Standard operating procedure is to be utilized for the removal of vehicles or trailers deemed to be abandoned, unregistered or wrecked as described in Chapter 10, Article III, Sections 10-50, 10-51 and 10-52 of the City of Boynton Beach Code of Ordinances. The towing of these vehicles is to be at no charge to the CITY. B. Procedure. 1. Tow List. a. Tow lists will be faxed from the Code Compliance Division directly to the tow contractor during the month as needed. All tow lists must be returned to the Code Compliance Division within 7 days of receipt of the request for tow. b. Results of the status of each vehicle or trailer will be noted on the list (i.e. towed, gone-on-arrival, or currently licensed). c. Each TOW CONTRACTOR represented in the rotation system shall supply the name of and accessible contact person and that person's phone number to the Code Compliance Division employee responsible for the tow list. CA25 2. Rotation. a. Wrecker companies shall rotate Code Compliance tows on a monthly basis. b. TOW CONTRACTOR is required to notify CITY'S Code Compliance Division and the employee responsible for the tow list, at least ten (10) days in advance of its month to undertake Code Compliance tows, if said TOW CONTRACTOR is unable to perform such tows as requested by CITY. In the event TOW CONTRACTOR is unable to perform, it shall be moved to the end of the Code Compliance Rotation, and may be subject to penalties as provided in this Agreement. c. TOW CONTRACTOR's failure to perform Code Compliance tows for more than two (2) months during any twelve (12) month period may result in suspension from ALL tow lists for a period of time as determined under the sole discretion of the CITY'S City Manager. C. CITY hereby reserves the right to modify the rotation schedule or procedure for Code Compliance tows under this section of the Agreement in an effort to improve upon the procedure to place Code Compliance tows in the regular rotation or otherwise. 29.0 TERM OF AGREEMENT. This Agreement shall take effect as of the date the Agreement is ratified by Resolution of the City of Boynton Beach City Commission, and shall have a term of two (2) years from that date. This Agreement shall be automatically renewed for one (1) additional year, unless either party provides written notice via certified mail to the other party within thirty (30) days of the end of the yearly term, that the Agreement shall be terminated at the end of the term. 29.1 INDEPENDENT CONTRACTOR. This Agreement does not create an employeelemployer relationship between the parties. It is the intent of the parties that TOW CONTRACTOR is an independent contractor under this Agreement and not the CITY'S employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. TOW CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out TOW CONTRACTOR'S activities and responsibilities hereunder. TOW CONTRACTOR agrees that it is a separate and independent enterprise from the CITY; that it has full opportunity to find other business; that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the TOW CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by TOW CONTRACTOR, including but not limited to unpaid CA26 minimum wages and/or overtime premiums. 29.2 NOTICE. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the TOW CONTRACTOR and the CITY designate the following as the respective places for giving of notice: CITY: City Manager City of Boynton Beach P.O. Box 310 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 TOW CONTRACTOR: EMERALD TOWING SERVICE 1370 W. INDUSTRIAL A VE.#102 BOYNTON BEACH, FL 33426 ATTN: JAMES M. JENNINGS 29.3 BINDING AUTHORITY. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 29.4 SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 29.5 GOVERNING LAW. The terms and conditions of this Agreement shall be governed by and interpreted under the laws of the State of Florida. Venue for the purposes of any litigation arising out of this agreement shall be in Palm Beach County, Florida. 29.6 EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between CITY and TOW CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. CAn IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY ~ City Manager BY: A TO FORM: STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared , as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. IN WITNESSf OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this _ day of 2005. NOTARY PUBLIC My Commission Expires: CA28 (\EMERAL \ " BY: , , J.- STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Iff ¡~i~5 Jè:NÆ../,A..'bj ~ and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOIN};~ave set my hand and official seal at in the State and County aforesaid on this 7"% day of'/ L...', 2005. ,.// í NOTARY PUBLIC NOTARY PUßUC.SfAlE OF FWRlM //'; . ¡ ç;;¡¡ ~ ~ Judith A. Pyle . j,'): .I.. , ¡. Comnùssion ,. DD421091 : ¡ i.- L· C .... [./ .t My Commission Expires: Expires: APR. 21, 2009 1// Bonded Thru Atlande lon4fn, Co., Inc. / i ' . I ./ CA29 CERTIFICATE OF QUALIFICATION The City of Boynton Beach, hereby issues this Certificate of Qualification to the following company, and hereby certifies that the company named in this certificate is qualified to perform towing services pursuant to the Towing Service Contract approved by the Boynton Beach City Commission. COMP ANY NAME: EMERALD TO\VING SERVICE ADDRESS: 1370 W. Industrial Avenue, No. 102 Boynton Beach, FL 33426 PHONE NUMBER: 1-800-239-0604 CONTACT PERSON: James M. Jennings ~~ City Manager KURT BRESSNER CITY MANAGER BOYNTON BEACH, Fl R05-0l-/o AGREEMENT FOR VEHICLE TOWING ROTATION PROGRAM The date of this Agreement is the date the last party signs the Agreement as shown on the signature pages and is between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and BECKS TOWING & RECOVERY 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: SPECIAL TERMS AND CONDITIONS 1.0 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. 1.1 APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY CITY These rates are the only rates that will be charged vehicle owners under this Agreement: A. TOWING BY ITEM DESCRIPTION (1) Class A (cars, vans, light trucks under 10,001 GVW) within City limits; $135.00 per call (2) (3) Motorcycles within the City limits; $135.00 per call Towing outside the City limits for cars, vans, motorcycles, and light trucks 3/4 and less charged only for miles starting where city limit is exited to the final destination. No charge applied within city limits. an additional $6.00 per towed mile CA-I (4) Class B (vehicles 10,001 to 24,000 GVW) within the City limits; (5) Towing outside the City limits for Class B vehicles only for miles starting where city limit is exited to the final destination. (6) Class C vehicles (24,00lto 53,999 GVW) within City limits; (7) Class C vehicles outside City limits only for miles starting where city limit is exited to the final destination. (8) 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). (9) Miscellaneous other charges 4 X 4/off-road vehicle recovery Tarp fee Lowboy service Outside the City limits only for miles starting where city limit is exited to the final destination. No charge applied within city limits. Underwater recovery salvage CA-2 $200.00 per call an additional $7.00 per towed mile $250.00 per call (City vehicle $300.00 all others an additional $8.00 per towed mile $40.00 per half hour $120.00 for the first half hour, and $30.00 per quarter hour thereafter $35.00 per call $175.00 per hour an additional $6.00 per towed mile from City limits $100.00 per hour port to port (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. (11) The foregoing rates shall be adjusted March 1, 2006, based on the reported increase in the consumer price index for the southeastern region of the United States, comparing the index increase from January 2005 to January 2006. B. STORAGE AND LIEN NOTICE (1) Cars, vans, trucks vessels/trailers less than 25' Outside storage $25.00 per day Inside storage $35.00 per day (2) Vehicles and vessels/trailers over 25' Outside storage Inside storage $35.00 per day $50.00 per day (3) Motorcycles Outside storage Inside storage $15.00 per day $20.00 per day (4) Lien Notice (after 24 hours of storage) $50.00 per vehicle $75.00 max. 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 CA-3 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 $120.00 per hour and $30.00 per each quarter hour after the first hour. scene; (2) Extra man (each) on the scene $60.00 per hour D. ROAD SERVICE For all trucks, cars, vans and other vehicles under and over 3/4 ton, a road service fee of $60.00 per call may be charged to the vehicle owner for services such as assisted start, unlocking a door, delivering gas, tire changes, etc. 1.2 APPROVED TOWING RATES - CITY OWNED OR CITY LEASED VEHICLES A. All CITY owned or CITY leased vehicles Class "A" and "B" will be towed at fifty (50%) percent of the standard charge(s) as set forth above. B. All CITY owned or CITY leased vehicles Class "A" and "B" requiring road service as indicated in Section 1.11 of this Agreement will receive such services at fifty (50%) percent of the standard charge(s) as set forth above. C. All 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 and stored at rotation fees. D. All CITY owned or CITY leased vehicles towed under Class "C" or Class "D" will be towed at $250.00 (plus $5.00 per mile for tows more than 1 0 miles from Public Works Compound). E. All vehicles towed at the request of Code Compliance, 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 forth in Section 1.1 of this Agreement. F. City shall be assessed fifty (50%) percent of waiting time charges. G. Companies that cannot or do not respond to City tows will lose their next rotation slot for a retail tow. Documentation will be maintained by City Communications CA4 1.3 SPECIAL AND ADDITIONAL CHARGES A. WAITING TIME. The cost for waiting time shall not be assessed by TOW CONTRACTOR until forty-five (45) minutes after arrival at the scene. B. LABOR CHARGES. The cost for labor under any circumstances and when applicable shall not be assessed by TOW CONTRACTOR until thirty (30) 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. C. 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. If there is no mechanical connection, there is no loss of the TOW CONTRACTOR'S spot on the rotation list. D. GATE FEE. A gate fee of $35.00 will be charged by TOW CONTRACTOR when an impounded vehicle/vessel is recovered by owner/authorized agent or when owner/agent wishes to recover property from an impounded vehicle/vessel after hours, on weekends or holidays. No gate fee will be charged to retrieve a vehicle/vessel or personal property Monday through Friday from 8:00 a.m to 6:00 p.m. (except holidays). 2.0 ELIGIBILITY. A. To be eligible to respond to this RFQ, TOW CONTRACTOR shall be regularly engaged in the towing business on a full-time basis in Palm Beach County 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). B. TOW CONTRACTOR shall 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. C. 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. D. The terms "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well established company as detennined, approved or ratified by the Boynton Beach City Commission. E. TOW CONTRACTOR shall have and maintain an office and storage facility within the City limits at all times during the term of this agreement. The storage facility shall be in full compliance with the terms of this Agreement, and shall be CA-5 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 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. F. TOW CONTRACTOR must maintain at all times, any licenses or pennits required by the State of Florida, Palm Beach County and the City of Boynton Beach in order to conduct business as a wrecker or tow service. Proof of said license shall be submitted prior to the approval of this Agreement. G. TOW CONTRACTOR shall be licensed to do business in the City of Boynton Beach pursuant to Chapter 13 of the Boynton Beach Code of Ordinances. H. At all times during the term of this Agreement, TOW CONTRACTOR, its subsidiaries, agents, employees or representatives shall only appear on the rotation list once. Under no circumstances shall a Tow Contractor who has a business, financial or legal relationship with another Tow Contractor be permitted to have more than one place on the rotation list. 2.1 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 RFQ. Any other information 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 applicant to respond to a requirement, the response should include a reference to the document number and page number. This will provide a quick reference for the evaluators 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 LEGIBLE. IF PROPOSAL IS NOT LEGIBLE, IT WILL NOT BE ACCEPTED. ANY ILLEGIBLE APPLICATIONS THAT ARE RECEIVED WILL BE AUTOMATICALLY DISQUALIFIED AND WILL NOT BE CONSIDERED. CA-6 2.2 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 service for the removal of vehicles within the City of Boynton Beach when required and when dispatched or required by the City of 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. C. 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. D. At an accident scene, TOW CONTRACTOR shall remove from the street and surrounding area all broken glass and other debris resulting from the accident. E. 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. However, if the tow is cancelled, the tow company will retain their position in the rotation. 2.3 SPECIFICATIONS FOR WRECKERS. A. TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to two (2) CLASS "A" TOWINGIRECOVERY VEHICLES meeting the specifications set forth in Palm Beach County code. B. TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS "B" TOWINGIRECOVERY VEHICLE, meeting the specifications set forth in Palm Beach County code. C. 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" TOWINGIRECOVERY VEHICLE meeting the specifications set forth in Palm Beach county code. . D. Class "C" and/or "D" TOW CONTRACTORS must have the ability to tow an aerial fire truck that is approximately 64,000 pounds GVW, any sanitation truck, and a Track Excavator that is approximately 30 tons. CA-7 E. TOW CONTRACTOR shall own, lease, or mortgage and have immediate access to at least one (1) motorcycle trailer. F. EACH AND EVERY tow truck or recovery vehicle must be outfitted with the following supplies and equipment: I. 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; 3. One (1) heavy-duty push broom; 4. A flood light on the hoist; 5. One (1) flat-nose shovel; 6. One (1) ax; 7. One (1) crowbar; 8. At least one (1), five (5) pound Carbon dioxide fire extinguisher with a current inspection tag. The fire extinguisher must be an approved type; 9. One (1) pair of bolt cutters; 10. One (1) set of jumper cables; 11. One (1) four-wait lug wrench; 12. One (1) high-intensity flashlight; 13. One (1) set ofred highway reflectors; 14. Five (5) thirty minute flares; 15. Each wrecker and tow vehicle shall contain a telephone or radio communications system to enable continuous direct contact between the driver and the office of TOW CONTRACTOR; and 16. Each vehicle shall be specifically designed, constructed and equipped for the towing of vehicles, and shall at all times, be properly maintained in a mechanically safe condition. CA-8 G. To be awarded and to maintain a certificate of qualification, a Class "A"j"B" TOW CONTRACTOR shall have in operational condition at the time the certificate of qualification is awarded and for the duration of this agreement at least two (2) Class "A" wreckers, and one (1) Class "B" wrecker. H. TOW CONTRACTOR shall have available at all times, sufficient equipment to perform all services required herein on a timely and responsible basis. TOW CONTRACTOR shall notify CITY in the event any of the required equipment, as set forth in this Agreement, is inoperable, sold, levied upon, repossessed or attached. 3.0 STANDARDS OF CONDUCT FOR TOW CONTRACTORS. A. TOW 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 requirements. B. TOW CONTRACTOR shall be the holder of a general towing and wrecker service license issued by Palm Beach County and shall be the holder or any licenses required by Florida law and the City of Boynton Beach. C. Each wrecker shall be manned by a driver who must meet the following qualifications: 1. Possesses a valid State of Florida required Commercial Drivers License (CDL); 2. Possess knowledge of the layout of streets and roadways within the City of Boynton Beach; and 3. Be physically qualified to perform the normal and everyday tasks required of a tow truck operator. D. TOW CONTRACTOR shall ensure that each driver operates the company's equipment in a safe and proper manner in accordance with operating manuals and Florida Statutes. Upon receipt of a complaint from the City of Boynton Beach Police Department on a driver's unsafe, unlawful or improper operation, documented corrective action must be taken by TOW CONTRACTOR. 4.0 FACILITIES. TOW CONTRACTOR shall maintain a storage facility for all impounded vehicles. There shall be an outside, enclosed area and an inside storage area. All facilities shall be located within the City limits and be owned or leased by TOW CONTRACTOR. TOW CONTRACTOR's storage facilities cannot be relocated without written consent from CITY. Should TOW CONTRACTOR relocate without obtaining said consent, the relocation shall constitute a breach of this Tow Agreement. CA-9 I. OFFICE FACILITIES. It shall be the duty of TOW CONTRACTOR to maintain office facilities: a. to include telephone and restroom facilities, and a work area containing, for example, a desk, phone, facsimile machine, computer, etc.; b. with a physical plant having the name of the company and the mailing address and 24-hour phone number clearly painted; c. that are accessible to CITY officials at anytime, 24 hours a day, 7 days a week; and d. that maintains a radio communication system at all times, 24 hours per day, 7 days a week. TOW CONTRACTOR shall not utilize any phone answering services(s), as said services are strictly prohibited under the terms of this Agreement, and use of such services shall constitute a breach thereof. 2. OUTSIDE STORAGE a. Outside storage shall be kept and maintained to provide for the removal of junk, tires, and auto parts; the regular trimming of all shrubbery, bushes, trees and grass areas (along fence line and on property); and adequate drainage to prevent standing water. b. Outside storage areas 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 a fence or wall, including all gates, doors, or roofed open areas shall be equipped with not less than twelve (12) inches of barbed wire installed in such a manner as to discourage access over the top of such a fence or wall. All fences and walls shall be maintained in good repair throughout the term of this Agreement. Any damage to such walls or fences shall be repaired within twenty-four (24) hours of its occurrence. c. The area must have a vehicle storage capacity of at least twenty-five (25) vehicles. This storage will predominantly be utilized for accident tows, designated "HOLD," confiscated, and evidence vehicles. A secondary storage area may be located within a ten (10) mile radius of the City of Boynton Beach,' and may be utilized for Code Compliance-related tows. 3. INSIDE STORAGE. TOW CONTRACTOR shall be capable of storing up to three (3) vehicles in inside storage, and shall maintain at least one (1) inside storage space that shall meet the following specifications: a. a working area of 9' X 20' per vehicle with at least an eight (8') foot high ceiling; CAW b. a paved floor (i.e. concrete, asphalt) that is free from dirt, standing water and vegetation; c. an electrical lighting source sufficient to permit processing of a vehicle; and d. one (1) outside window or a ventilation system. 4. CRIME SCENE, CONFISCATED, SPECIAL "HOLD" STORAGE a. Any vehicle towed or 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 be stored to prevent physical contamination or degradable evidence from deteriorating, and by inside storage. If inside storage is not available, CONTRACTOR shall surrender the tow and fee to the next Contractor in rotation. This shall not prevent CITY from removing the vehicle or trailer and storing it at a City-owned or controlled facility or at another Tow Contractor's storage compound. c. If laboratory work on a crime scene vehicle 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 such compound for whatever period of time necessary, in order to properly process the vehicle and conduct any investigation necessary. Vehicles towed by the Police Department such as Impounds for Investigative/Evidence purposes; the City is responsible for payment of storage at City rates. The Owner shall NOT be chan!ed for any storaf!e fees. e. Confiscated vehicles or vehicles involved in litigation shall be protected from the elements, preferably at an inside storage facility, as to maintain the vehicle in its condition at the time of towing. This shall not prevent CITY from removing the vehicle and storing the vehicle at a City owned or controlled facility or at another Tow Contractor's facility. f. City of Boynton Beach Police Department personnel shall be permitted access to all such vehicles at all times. 5.0 PERFORMANCE PROBATION PERIOD. A. 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 evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the standards set forth in this Agreement, the City Commission may, upon the recommendation of City staff, by written notice setting forth the default under the CAll Agreement terms, revoke the Certificate of Qualification. If performance is acceptable at the end of the probationary period described herein, TOW CONTRACTOR will be so notified by the City. B. Should the City Commission revoke a Certificate of Qualification within the three (3) month probationary period, another Certificate of Qualification may be awarded to an eligible company as determined by the City Commission. 5.1 ROLE OF CITY MANAGER AS TO PENAL TIES. The City Manager for CITY shall have the power to formally reprimand TOW CONTRACTOR, suspend the Certificate of Qualification, suspend activities of TOW CONTRACTOR under the terms of this Agreement, recommend to the City Commission revocation of the Certificate of Qualification, and recommend to the City Commission that this Agreement with TOW CONTRACTOR be terminated. 5.1.1 FORMAL REPRIMAND. Upon review of materials provided to him/her by City staff, the City Manager may issue a written reprimand to TOW CONTRACTOR for any act or omission, which in his/her sole discretion, is deemed to be a violation of this Agreement. A written reprimand for an act or omission in violation of the terms of this Agreement shall be grounds for recommending termination of the Certificate of Qualification should the City Manager deem such action to be appropriate under the circumstances. 5.1.2 REVOCATION. In the event any criteria for qualifications established by this Agreement are violated by a Certificate Holder (TOW CONTRACTOR), CITY may serve written notice upon Certificate Holder of the recommended revocation of the Certificate of Qualification and/or termination of the Agreement. However, any and all liabilities of TOW CONTRACTOR and the surety for acts, omissions, or violations occurring prior to the date of cancellation shall not be affected, waived or otherwise as a result of the cancellation. In the event City Manager for CITY recommends revocation of the Certificate of Qualification and/or termination of the Agreement with TOW CONTRACTOR, such a recommendation shall be considered by the City Commission for CITY. 5.1.3 COMPLAINTS AGAINST TOW CONTRACTOR. TOW CONTRACTOR hereby agrees that any complaints received by CITY concerning the performance of TOW CONTRACTOR'S duties under this Agreement and otherwise shall be referred to the City Manager of the City of Boynton Beach. The failure of TOW CONTRACTOR to follow any subsequent reasonable instruction of the City Manager regarding any complaint will be considered a material breach of this Agreement and the awarded Certificate of Qualification, and shall be cause for termination thereof. 5.1.4 REPUTABILITY. Lack of reputability shall be cause for revocation of a Certificate of Qualification and shall include, but not be limited to the following: CAl2 A. Misstatements concerning the convIctIOn of any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; B. Retaining any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; C. Retaining any officer, employee or agent convicted of any felony or first degree misdemeanor directly related to the business and/or operation of a wrecker, when that person's civil rights have not been restored. For the purpose of this Agreement, any offense involving peIjury, false statement or theft shall be considered to be directly related to the business operation of a wrecker. D. Retaining any officer, employee or agent convicted of the offense of driving under the influence of alcohol or any other controlled substance to the extent that normal faculties are impaired; of the offense of driving a vehicle and having an unlawful blood alcohol level; or of any other criminal traffic offense. 5.1.5 SUSPENSION Should at anytime during the term of this Agreement, including during any option terms, the tow company be in'violation of any of the terms and conditions of this Agreement, the City Manager or his or her designated agent shall have the right to suspend the company until the violation is resolved to the satisfaction of City staff. If the violation is not promptly resolved or is of such a serious nature that the City Manager determines that suspension is inadequate, the City Manager reserves the right to recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR for cause. Should at any time during the term of this Agreement, including during any option terms, TOW CONTRACTOR or its principals become the subject of a criminal investigation, the City Manager shall have the right to suspend TOW CONTRACTOR's Certificate of Qualification pending the outcome of any criminal investigation and trial, should one result. Upon the conclusion of a criminal investigation that does not result in criminal charges against TOW CONTRACTOR or its principals, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR, or the City Manager may lift the suspension, thereby reinstating the Certificate of Qualification to TOW CONTRACTOR. If an adjudication of guilt is entered against TOW CONTRACTOR at the conclusion of a trial or via plea bargaining with the State, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR or City Manager may reinstate. 6.0 COMMERCIALLY MANUFACTURED EQUIPMENT. A. Each tow truck, recovery vehicle and all equipment owned, leased, or mortgaged by TOW CONTRACTOR shall be commercially manufactured and shall conform to the requirements set forth herein or be approved by CITY or its designee. B. Each tow truck, recovery vehicle, and all equipment utilized by TOW CAB CONTRACTOR shall be maintained in good mechanical condition at all times. C. Each tow truck, recovery vehicle, and all equipment is subject to inspection by CITY or its designee at all times during the term of this Agreement. D. No vehicle of TOW CONTRACTOR shall be used as an emergency vehicle, except when the circumstances justify the use of the vehicle in that manner. (i.e. flashing lights are to be used only when necessary). 6.1 MARKINGS. TOW CONTRACTOR agrees to have no markings on vehicles, buildings, or correspondence that indicates or tends to indicate any official relationship between TOW CONTRACTOR and the City of Boynton Beach. 7.0 SITE CLEAN-UP. TOW CONTRACTOR shall, at no cost to CITY, the public or the owner of the towed vehicle or trailer, promptly remove all debris from the public street, sidewalks, parks, and property of CITY; and shall remove the same to a proper place for disposal if the accident scene is, will or has been served by TOW CONTRACTOR, its agents or employees. The owner of the vehicle or trailer towed may be charged pursuant to the rate schedules set forth in this Agreement for the clean-up of hazardous wastes, chemicals, construction debris and spilled loads. 8.0 EMPLOYEES. TOW CONTRACTOR agrees to maintain, and upon request, provide to the City of Boynton Beach Police Department the following information on all officers, employees, agents, and servants, and to be responsible for keeping the information accurate and current: name, address, date of birth, driver's license number, social security number, and photograph. TOW CONTRACTOR agrees that the owner(s) of the company or the officers of the company, if a corporation, shall be personally responsible for the acts of their employees, while said employees are on-duty. TOW CONTRACTOR further acknowledges and agrees to notify its employees that CITY may run drivers license histories on any driver at any time with or without cause. 9.0 TWO OR MORE APPLICATIONS UNDER DIFFERENT NAMES RECEIVED FROM ONE PROPOSER. If more than one application is submitted by anyone proposer, by or in the name of his or their clerk, partner, or other persons, and it is determined by CITY staff that such applicant is under single, identical, or substantially the same ownership, all such applications will be rejected. If the above described dual ownership is not revealed until the contract term has begun, said action shall constitute grounds for revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR. 10.0 RESPONSE TIME. A. TOW CONTRACTOR shall, at the request of the CITY Police Department or other CITY official requesting tow truck service at any time of the day or night, arrive at the scene with the appropriate equipment within the following time limit CAJ.4 depending upon the vehicle class requested: CLASS A CLASS B CLASS C 30 minutes from request 30 minutes from request 45 minutes from request B. TOW CONTRACTOR assumes all liability in meeting the required class response time, including but not limited to, any and all damages resulting from traffic accidents and motor vehicle infraction fines occurring after the response time limit has expired. C. In the event TOW CONTRACTOR fails to respond in a timely manner, the department of CITY requesting the service shall document the untimeliness, and forward said writing to the Agreement Administrator. D. The following penalties shall apply should any TOW CONTRACTOR fail to respond within the class response time set forth in Section 3.1(A) of this Agreement or skip any tow directed by the City of Boynton Beach. Within a 12 month period 1. 1 st offense 2. 2nd offense 3. 3 rd 0 ffense and greater Penaltv Certified letter of warning One (1) month suspension Termination of Agreement with CITY and revocation of certificate of qualification E. TOW CONTRACTOR may appeal a suspension of two (2) months or more to the City Commission, and if TOW CONTRACTOR can show by substantial and competent evidence that extenuating circumstances beyond TOW CONTRACTOR's control caused the failure to timely respond, the suspension may be lifted by the City Commission. F. All appeals must be made in writing to the City Manager within thirty (30) days of the action, and shall fully set forth the basis for the appeal. Suspensions shall not be stayed during any pending appeals. G. City Manager recommendation for termination of this agreement and revocation of the certificate of qualification under this section requires consideration and action by the City Commission. 11.0 SUBCONTRACTING. TOW CONTRACTOR shall not subcontract its services to secure additional wreckers or storage space required under this Agreement. TOW CONTRACTOR must own, lease, or mortgage the vehicles, equipment and storage space required under this Agreement. Evidence of ownership of all vehicles is required. All registrations of vehicles are due at the time of submitting this RFQ. CAlS 12.0 BENEFITS FROM REPAIRS. k In the event TOW CONTRACTOR holding a certificate of qualification operates an automobile repair and/or automobile paint and body repair business, TOW CONTRACTOR shall provide written notification to the owner or representative of the owner of the vehicle towed under the provisions of this Agreement, that there is no obligation to have any automobile, vehicle or trailer repairs and/or automobile, vehicle or trailer paint and body work done by TOW CONTRACTOR. B. TOW CONTRACTOR shall notify CITY in wntmg of any and all repairs completed on vehicles, automobiles, trucks, and trailers by TOW CONTRACTOR towing a vehicle under the provisions of this Agreement. The written notification to vehicle owner that there is no obligation to have TOW CONTRACTOR undertake any repairs to the vehicle shall be included. 13.0 INSURANCE REQUIREMENTS. A. TOW CONTRACTOR'S liability insurance policies shall name the CITY as an additional insured. B. During the ferm of this Agreement, TOW CONTRACTOR shall have in effect insurance with those limits specified in this Section. Copies of said insurance policy or certificate of insurance must be furnished to CITY's Purchasing Department and Risk Management Department immediately after approval of Agreement by the City Commission. CITY may request proof of insurance or the name and phone number of insurer at any time during the term of the Agreement, and TOW CONTRACTOR must respond with said proof of insurance within five (5) days of the request. Failure to provide the proof of insurance required in this section or the name and phone number of insurer as requested shall result in automatic suspension of the certificate of qualification and may be grounds for termination of this Agreement with TOW CONTRACTOR. C. TOW CONTRACTOR shall supply CITY with a Certificate of Insurance for the coverages and limits as shown in this Section. A thirty (30) day cancellation clause in favor of CITY shall be included in the Policy and the Certificate. D. TOW CONTRACTOR, at its own cost and expense, shall keep in force at all times, and shall maintain the following during the terms of this Agreement: 1. Comprehensive General Liability Insurance with minimum limits of coverage of One Million ($1,000,000.00) Dollars per incident Combined Single Limit for Bodily Injury Liability and Property Damage Liability. 2. Automobile Liability Insurance coverage in the minimum amount of Three Hundred Thousand ($300,000.00) Dollars per person/per incident and property damage coverage of One Hundred Thousand ($100,000.00) Dollars per incident. 3. Garage Keeper's Legal Liability Insurance coverage III the mInImUm CA16 amount of Seventy-five Thousand ($75,000.00) Dollars to protect owners of any and all vehicles and trailers towed or stored by TOW CONTRACTOR pursuant to this Agreement, from any loss or damage to such vehicle or trailer on account of such removal or storage. E. TOW CONTRACTOR shall provide CITY with Certificate(s) of Insurance on all policies of insurance and renewals thereof in a form acceptable to CITY. Each policy shall provide that CITY as an additional insured, and that the CITY shall be notified by the insurer in writing of any cancellation at least thirty (30) days prior to the effective date of cancellation. F. Each and every insurance policy must be issued by companies acceptable to CITY'S Risk Management, and licensed, qualified and authorized to do business in the State of Florida. All policies must be at lease six (6) months in duration. G. Each TOW CONTRACTOR shall show proof of the insurance required under this Section prior to the issuance of a Certificate of Qualification. TOW CONTRACTOR shall not commence operation under the term of this Agreement, until certification or proof of insurance, detailing terms and provisions of coverage, has been received, reviewed, and approved by CITY. H. TOW CONTRACTOR agrees to maintain, at its own cost and expense, worker's compensation coverage required by the State. 13.1 TOW CONTRACTOR'S LIABILITY. A. TOW CONTRACTOR shall be liable for any towed vehicle and property contained therein. B. TOW CONTRACTOR or its employee, representative, or agent shall inventory all personal property contained in each vehicle towed. The Tow companies are relieved of liability for property inside of the vehicle that was not listed on the inventory report completed by the officer on the scene. C. The inventory shall be made in triplicate and shall be signed by the person composing it. One copy shall be given to the owner or person in possession of the . vehicle, or shall be securely attached to the vehicle; one copy shall be forwarded to the Boynton Beach Police Department, and the final copy shall be retained by TOW CONTRACTOR. 13.2 NON-LIABILITY OF CITY FOR TOWED VEHICLES. CITY shall not be responsible or liable in any manner whatsoever for either the collection or payment of any charges for services rendered, including towing and storage. 14.0 ACCESSIBILITY OF STORAGE FACILITIES. TOW CONTRACTOR agrees that all storage areas shall be accessible between the hours of 8:00 AM. and 6:00 P.M., Monday through Friday and 9 AM. and 12 PM, Saturday; therefore the Gate Fee shall not be charged during the applicable business hours. CAn Authorized personnel of TOW CONTRACTOR shall be available during such times to assure that the obligations and services, including retrieval of stored vehicles by the public, required of TOW CONTRACTOR are available and fulfilled. Accordingly, there shall be no "gate fees" charged to the CITY for retrieving or gaining access to a vehicle in storage. There will be a $40.00 gate fee charged to any individual(s) or other entity retrieving a vehicle from storage. 14.1 PROTECTION OF VEHICLES AND PROPERTY. A. Vehicles and trailers stored in enclosed areas shall be stored under "lock and key." B. TOW CONTRACTOR 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. C. TOW CONTRACTOR 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. 14.2 INSPECTION OF FACILITIES. A. Storage facilities shall be subject to inspection and shall be approved by CITY prior to award of the Certificate of Qualification and the execution of this Agreement. Storage facilities shall be subject to periodic inspections during the term of Agreement when deemed necessary by the City Manager's office or the CITY'S Police Department. B. Notice of any deficiencies or violations of this Agreement discovered by CITY with respect to storage facilities shall be submitted to TOW CONTRACTOR in writing, and TOW CONTRACTOR shall remedy the same within ten (10) days of receipt of such notice. The Agreement may be terminated and the Certificate of Qualification revoked, or suspended at the option of the CITY. 14.3 RELEASES OF VEHICLES AND PERSONAL PROPERTY. A. TOW CONTRACTOR agrees to release any vehicle or trailer that has not been marked "HOLD." Any vehicle or trailer marked "HOLD" shall not be released without the prior written consent of the City of Boynton Beach Police Department. B. All persons applying for release of the vehicle or trailer from TOW CONTRACTOR shall present adequate proof of ownership or right to possession. Upon release, TOW CONTRACTOR shall give a receipt and itemized statement indicating all charges related to the impounding of the vehicle or trailer to the owner or person entitled to possession. C. Rightful owners shall be able to retrieve their towed vehicle or trailer from TOW CONTRACTOR twenty-four (24) hours a day, seven (7) days a week, including legal holidays, provided the appropriate documentation has been filed. D. Any vehicle or trailer declared to be abandoned, junk or constituting a nuisance CAl8 may only be released under the authority of the Boynton Beach Police Department. E. Any customer contacting TOW CONTRACTOR by telephone or otherwise prior to customer's arrival at the storage site shall be advised of the following by TOW CONTRACTOR: 1. each and every document or other item needed to retrieve vehicle; 2. exact charges at the time of contact and any additional charges that may accumulate subsequent to contact and before retrieval; 3. acceptable methods of payment; and 4. the hours and days that the storage site is open for regular business. F. If all matters are in order, customer shall be returned to possession of the towed vehicle or trailer within thirty (30) minutes of the request. 14.4 PERSONAL PROPERTY LOSS. A. CITY shall not be responsible for any loss or damage to vehicles to trailers, to any personal property contained therein, or to any vehicle accessories, regardless of the cause of such damage or loss. TOW CONTRACTOR shall hold CITY harmless as to any claims, suits or actions alleging such loss or damage. Personal property found in vehicles or trailers that have been stored by TOW CONTRACTOR shall not be sold or disposed of in any way to defray any charges for storage or towing. B. TOW CONTRACTOR shall be held accountable for all personal property and vehicle accessories inventoried at the time the vehicle or trailer is towed, while the vehicle is stored at TOW CONTRACTOR'S storage facility , and while TOW CONTRACTOR disposes of junk, abandoned and nuisance vehicles. TOW CONTRACTOR shall make restitution to owner for all such losses occurring by theft, fire, or other damage. 14.5 DESTINATION OF TOWED VEHICLE. TOW CONTRACTOR shall not move any vehicle or trailer to any location (specified at time of tow) other than that designated by a CITY Police Officer or other authorized CITY representative, or owner or person in possession of vehicle. ALL CITY owned or leased vehicles towed from a location within Palm Beach County shall be towed, as requested to CITY property. Each and every vehicle towed from within the city limits shall be towed to a storage facility within the city limits of Boynton Beach, Florida, and shall remain at that location for at least seven (7) days. 15.0 RADIO COMMUNICATION. A. All towing vehicles and wreckers must be equipped with two-way radio or telephone communication. The range of the communication system shall, at a ,minimum, extend throughout the Boynton Beach city limits. Accordingly, the base station for the above equipment must be strong and powerful enough to provide city-wide coverage. A citizens band radio is insufficient to meet this requirement. CA~9 B. Any radio communication shall, at no time, be tuned into any police frequencies. C. Guidelines of the Federal Communication Commission (FCC) shall prevail. D. TOW CONTRACTOR shall, at all times, have a competent employee(s) manning the communication system. E. TOW CONTRACTOR shall provide a 24-hour emergency telephone number to be answered by a TOW CONTRACTOR employee designated to respond to emergency calls for service. This service is in addition to the communication system required in subsections 4.5(A)-(D) above, and is necessary so that TOW CONTRACTOR can provide timely and efficient service 24 hours a day, seven days a week. 16.0 REPORTS AND RECORDKEEPING. A. TOW CONTRACTOR shall make available upon request to the CITY'S Police Department, weekly reports of vehicles and trailers towed at the request of the Police Department. The written reports will be designed and supplied by CITY and the following information shall be provided thereon: 1. Name and owner of driver; 2. model and make of vehicle or trailer; 3. license plate number; 4. vehicle identification number; 5. time, date and location oftow; 6. circumstances requiring tow; 7. whether or not a "HOLD" was placed on the vehicle by the Police Department; 8. time dispatched to scene and time of arrival; 9. storage facility where vehicle is stored; and 10. the date, time and name of employee releasing the vehicle. B. TOW CONTRACTOR shall make available upon request by the CITY'S Police Department, a complete and detailed listing of all vehicles and trailers which have been impounded or stored for periods of thirty (30) days or more. Form to be provided by the CITY. Any vehicle or trailer that has not been claimed for a period of thirty (30) days from the towing of the vehicle, shall be reported in writing to the Police Department. C. Services related to CITY owned or leased vehicles or trailers shall be logged and forwarded by TOW CONTRACTOR on a monthly basis to the CITY Public Works Director. All such logs shall identify the vehicle or trailer towed, the location from which it was towed, and the hours and dates applicable to TOW CONTRACTOR'S services with respect to those vehicles or trailers. The "service ticket" shall include the signature of the authorized CITY employee approving towing of the CITY vehicle or trailer. TOW CONTRACTOR shall provide such information, until such time as a form is provided to it by CITY, which then must be completed by TOW CONTRACTOR. CA20 D. TOW CONTRACTOR shall maintain at its place of business records containing the following information: 1. a vehicle storage receipt of each vehicle on the premises; 2. a monthly log of all calls for service by the Police Department; 3. a notification log indicating the date, time and method of notification to the registered owner of the stored vehicle or trailer; and 4. A daily log setting forth a list of all vehicles towed, as well as information on each vehicle as required by Section 5.0(A) of this Agreement. E. INSPECTIONS. 1. TOW CONTRACTOR shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services relative to this Agreement. 2. TOW CONTRACTOR shall make available for inspection by authorized CITY personnel the compounds and storage facilities required herein. 3. In order to facilitate inspection and audits by authorized CITY personnel, records maintained by TOW CONTRACTOR relative to services provided under this Agreement shall be kept separate and apart from other company records. F. RECORDS RETENTION AND RIGHT TO ACCESS. TOW CONTRACTOR shall preserve and make available for inspection and/or removal for the purpose of copying, all financial records related to performance and billing under the terms of this Agreement, upon five (5) days prior notice. All records shall be maintained for a period of three (3) years after termination of this Agreement. If an audit has been initiated within that three (3) year period, but findings from the audit have not been resolved, the records shall be retained and maintained until resolution of audit findings. G. For monitoring purposes, TOW CONTRACTOR shall submit to CITY'S Tow Agreement Monitor, upon request, a log sheet detailing each tow made by TOW CONTRACTOR during that month, as well as the amount charged and service given for each tow. A copy of the invoice for each tow should accompany the monthly report. H. Failure to comply with the provisions and requirements of Section 5.0 of this Agreement shall result in suspension from the wrecker rotation until such time as TOW CONTRACTOR corrects such noncompliance. Should TOW CONTRACTOR fail to comply with any of the provisions of this section may, in the discretion of the City Manager, warrant recommending to the City Commission termination of the Certificate of Qualification and Agreement with TOW CONTRACTOR. 17.0 CODE COMPLIANCE CASES. A. When vehicles or trailers are towed from public property, including right-of-ways, after the appropriate notification, TOW CONTRACTOR has the option of destroying the vehicle or keeping it safe for sale pursuant to Sections 713.78 and 715.05, Florida Statutes. CA21 B. TOW CONTRACTOR must proceed in accordance with the provisions set forth in Sections 7l3.78 and 713.05, Florida Statutes. Any breach thereof shall constitute a breach of this Agreement. C. When vehicles or trailers are towed from private property after receiving the appropriate notification, TOW CONTRACTOR must store the vehicle or trailer for a minimum period of thirty-five (35) days, after which time TOW CONTRACTOR has the option to destroy or sell the vehicle or trailer pursuant to Section 713.78, Florida Statutes. 18.0 NON-EXCLUSIVITY OF SERVICES. A. The owner or person in possession of the vehicle or trailer which has been involved in an accident or which has been incapacitated in any other manner shall be given the opportunity to contact a wrecker or tow company of his/her choice, as long as the disabled vehicle does not create a hazardous condition and a reasonable response time can be expected. Said person shall also be given the opportunity to have the vehicle or trailer towed to a garage or compound ofhislher choice. B. CITY shall not be liable for any charges for moving, towing, and storage of any vehicle or trailer; nor shall CITY be liable for any damages to any vehicle or trailer resulting from TOW CONTRACTOR'S acts or omissions. C. All vehicles and trailers towed under the request of the CITY, including but not limited to the City's Police Department, Code Compliance Division, Public Works Department, Fire Department, shall be governed by this section. 19.0 INDEMNIFICATION AND HOLD HARMLESS CLAUSE. TOW CONTRACTOR shall defend, indemnify and save CITY, its agents, employees, and police department harmless from and against any and all claims, suits, actions, damages or causes of action whatsoever arising during the term of this Agreement, caused by any act or omission of TOW CONTRACTOR involving bodily injury, loss of life or damage to property, sustained as a result of TOW CONTRACTOR'S duties; and from all costs, attorney's fees, expenses, liabilities, causes of action, investigations, and any administrative or legal proceedings brought therefrom; and from and against all orders, judgments or decrees which may be entered therein. TOW CONTRACTOR shall further defend CITY, its agents, employees and police department in any action brought as a result of the items set forth in this section, and related to performance ofthis contract by TOW CONTRACTOR. In the event any litigation or other legal proceedings shall arise from this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and all costs and expenses incurred therein. 20.0 NON-DISCRIMINATION. TOW CONTRACTOR hereby agrees and acknowledges that in the performance of this CA22 Agreement, it will not discriminate, or tolerate or permit discrimination on the basis of race, religion, gender, age, handicap, marital status, political affiliation, national origin, or otherwise with respect to its hiring practices and in the performance of the terms of this Agreement. 21.0 POSTING AND PROVIDING CHARGES OF SERVICES. 1. TOW CONTRACTOR shall prominently post in a conspicuous location at its storage facilities and on its tow vehicles and wreckers, a list of charges, as set forth herein. 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 and trailer towed by TOW CONTRACTOR. 2. TOW CONTRACTOR shall not charge for any service that exceeds such posted or listed amount, nor shall TOW CONTRACTOR perform any service that is not deliniated on such posted or listed schedule without giving the owner or person lawfully in possession a written estimate of the amount that will be due and payable upon completion of the unposted or unlisted service. 22.0 COMPLIANCE WITH LAWS. This Agreement shall" be governed by all federal, state, and local laws, regulations, ordinances, and codes, as amended from time to time, and as set forth by any other regulatory agency, including but not limited to, any and all municipal codes, ordinances, or regulations which may govern CITY as a Florida municipal corporation. 23.0 NON-ASSIGNABILITY. The Certificate of Qualification shall not be assigned, sold or transferred in any manner whatsoever. 24.0 DISPOSAL OF VEHICLES. Should TOW CONTRACTOR, as a result of this Agreement, have in its possession any vehicle, trailer, or personal property from therein for a period in excess of ninety (90) days, and be ordered to relinquish such vehicle, trailer or personal property to the City of Boynton Beach Police Department, TOW CONTRACTOR agrees to do so with no additional charges to CITY, other than that specified in this Agreement. 25.0 MODIFICATION OF THIS AGREEMENT. No waiver or modification of this Agreement or any covenant, condition, provision, or limitation contained therein shall be valid absent the execution and approval of a written addendum executed by both parties. No evidence of any waiver or modification shall be offered or received into evidence in any proceeding, arbitration or litigation between the parties to this Agreement, unless such waiver or modification is duly executed as set forth in this Section. 26.0 ETHICS AND CONDUCT. TOW CONTRACTOR hereby agrees to conduct operations under this Agreement in a courteous, orderly, ethical and businesslike manner. As it is recognized by both parties iCAn that this Agreement is sensitive in nature and requires TOW CONTRACTOR and its personnel and employees to work with the public on a daily basis, TOW CONTRACTOR is required to extend common courtesies, including but not limited to: A. Expedite release of vehicle in accordance with the terms of this Agreement; B. Assist the vehicle or trailer owner in retrieving documents from the vehicle or trailer to establish ownership; C. Permit 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; and E. If a dispute occurs, TOW CONTRACTOR 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. 27.0 WRECKER ROTATION LIST PROCEDURE. A. Purpose. The purpose of the wrecker rotation is to have in place a procedure for wrecker call-out on a per incident basis (except Code Compliance). Five separate log. books will be utilized and maintained by the CITY'S Communication Division. B. Procedure. 1. Log System a. Logs will be kept based on the breakdown noted: i. Class "A" and liB" Wrecker Companies; 11. Class "c" & "D"Wrecker Companies; and 111. Code Compliance Wrecker Companies (all Class "A"/"B" TOW CONTRACTORS required to participate). IV. City Vehicles Class "A" and "B" and v. City Class "C" & "D" Wrecker Companies b. TOW CONTRACTORS will be filed in alphabetical order, according to corporate name. c. A TOW CONTRACTOR will be called in rotation order from the card file on a per incident basis. 2. Wrecker Response. a. If TOW CONTRACTOR is unable to respond to a call for service, TOW CONTRACTOR will be moved to the end of the list, thereby forfeiting that rotation. b. The CITY official, agent or employee on the scene requesting the wrecker or tow shall determine whether a wrecker remains on the top of the rotation list in the event of cancellation or other circumstances where the wrecker is not used. Said CITY official shall notify the Communications Division upon cancellation of the tow and the tow company will retain their position on the rotation list. c. The next tow company in the rotation will be contacted in the event TOW CONTRACTOR cannot be reached by the CITY'S Communications Division or TOW CONTRACTOR has failed to respond within a reasonable time to a hazardous scene. The City CA24 official, agent or employee shall determine, based on his sole discretion, whether the response time was excessive. d. During the midnight shift, the CITY will reconcile logs on a daily basis, and will gather any reports of problems or incidents that were brought to the attention of the dispatch supervisor, who shall forward the same to the Tow Agreement Monitor within the CITY'S Police Department. 3. Rotation Tracking. a. A manual log will be used by CITY to track all vehicle or trailer tows to include rotation wreckers. b. The log shall contain the date and time of the tow, the tow company, the CITY officer, agent or employee, dispatch, case number, remarks, and a computer check. c. Specific requests from the vehicle or trailer owner or person lawfully in possession will not be charged against the rotation schedule. The request shall be logged as such by CITY in the manual log. If an owner's request cannot be honored for any reason whatsoever, a rotation wrecker will be contacted and so charged on the rotation schedule. 4. Knowledge of Position on Rotation List. a. TOW CONTRACTOR is responsible for knowing its position on the wrecker rotation list. CITY will not provide this information over the telephone. b. The rotation list is public record pursuant to Chapter 119, Florida Statutes, and is available for inspection, by appointment, during regular business hours. 28.0 CODE COMPLIANCE TOWING PROCEDURE. A. Purpose. Standard oper~ting procedure is to be utilized for the removal of vehicles or trailers deemed to be abandoned, unregistered or wrecked as described in Chapter 10, Article III, Sections 10-50, 10-51 and 10-52 of the City of Boynton Beach Code of Ordinances. The towing of these vehicles is to be at no charge to the CITY. B. Procedure. 1. Tow List. a. Tow lists will be faxed from the Code Compliance Division directly to the tow contractor during the month as needed. All tow lists must be returned to the Code Compliance Division within 7 days of receipt of the request for tow. b. Results of the status of each vehicle or trailer will be noted on the list (i.e. towed, gone-on-arrival, or currently licensed). c. Each TOW CONTRACTOR represented in the rotation system shall supply the name of and accessible contact person and that person's phone number to the Code Compliance Division employee responsible for the tow list. CA25 2. Rotation. a. Wrecker companies shall rotate Code Compliance tows on a monthly basis. b. TOW CONTRACTOR is required to notify CITY'S Code Compliance Division and the employee responsible for the tow list, at least ten (l 0) days in advance of its month to undertake Code Compliance tows, if said TOW CONTRACTOR is unable to perform such tows as requested by CITY. In the event TOW CONTRACTOR is unable to perform, it shall be moved to the end of the Code Compliance Rotation, and may be subject to penalties as provided in this Agreement. C. TOW CONTRACTOR's failure to perform Code Compliance tows for more than two (2) months during any twelve (12) month period may result in suspension from ALL tow lists for a period of time as determined under the sole discretion of the CITY'S City Manager. C. CITY hereby reserves the right to modify the rotation schedule or procedure for Code Compliance tows under this section of the Agreement in an effort to improve upon the procedure to place Code Compliance tows in the regular rotation or otherwise. 29.0 TERM OF AGREEMENT. This Agreement shall take effect as of the date the Agreement is ratified by Resolution of the City of Boynton Beach City Commission, and shall have a term of two (2) years from that date. This Agreement shall be automatically renewed for one (1) additional year, unless either party provides written notice via certified mail to the other party within thirty (30) days of the end of the yearly term, that the Agreement shall be terminated at the end ofthe term. 29.1 INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that TOW CONTRACTOR is an independent contractor under this Agreement and not the CITY'S employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. TOW CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out TOW CONTRACTOR'S activities and responsibilities hereunder. TOW CONTRACTOR agrees that it is a separate and independent enterprise from the CITY; that it has full opportunity to find other business; that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the TOW CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by TOW CONTRACTOR, including but not limited to unpaid CA26 minimum wages and/or overtime premiums. 29.2 NOTICE. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions ofthis section. For the present, the TOW CONTRACTOR and the CITY designate the following as the respective places for giving of notice: CITY: City Manager City of Boynton Beach P.O. Box 310 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 TOW CONTRACTOR: BECKS TOWING & RECOVERY 41ON.W. 5TH AVENUE BOYNTON BEACH, FL 33435 ATTN: STEVEN E. BECK 29.3 BINDING AUTHORITY. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 29.4 SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 29.5 GOVERNING LAW. The terms and conditions of this Agreement shall be governed by and interpreted under the laws of the State of Florida. Venue for the purposes of any litigation arising out of this agreement shall be in Palm Beach County, Florida. 29.6 EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between CITY and TOW CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. CAn ll'J WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY ~U~ City Manager ' BY: STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared , as City Manager of the City of Boynton Beach, Florida, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his act and deed. CA28 IN WITNESSf OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ,~ day of Jul~ 2005. NOTARY PUBLIC My Commission Expires: .~ ..B~i TOW~~~COVERY BY. /\_i c[ I ~/ STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authOriZ~ by law to administer oaths and take acknowledgments, personally appeared S. E'- (!~I::... , and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is hislher act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this '7 r;tt day of \J ,,-t ').2005. ~ A./1L~ NOTARY PUBLIC My Commission Expires: . '"'''' B b ,.,~~y pt!'", ar ara M. Madden f ?:rT"j~~ cO~on # DD125274 ~ ~\ j"": E%p1leS July 19 2006 "'~'s::: .{!?- t ","'1' OF f\ oq:,,~ Bonded Thru ""flJI'\\' A1:l.antic Bonding Co., Inc. CA-2!l CERTIFICATE OF QUALIFICATION The City of Boynton Beach, hereby issues this Certificate of Qualification to the following company, and hereby certifies that the company named in this certificate is qualified to perform towing services pursuant to the Towing Service Contract approved by the Boynton Beach City Commission. COMPANY NAME: BECK'S TOWING & RECOVERY ADDRESS: 410 NE 5th Avenue BO)TItcn Be3.ch, FL 33435 PHONE NUMBER: 561-369-1096 CONTACT PERSON: Steven E. Beck ~ City Manager Yn.~ KURT BRESSNER CITY MANAGER BOYNTON BEACH, Fl CITY CLERK'S OFFICE MEMORANDUM TO: Janet Allen Buyer FROM: Janet M. Prainito City Clerk DATE: July 8, 2005 RE: R05-040 - Towing Contracts Attached for your information and use are two copies of each of the fully executed tow contract as follows: Blakes' Towing & Transport Eastern Auto Body & Glass Jordan Wrecker Service Scott's Towing & Transport, Inc. I provided two copies so that you can retain one for your files and forward one copy to each of the tow contractors. I have retained the originals of these contract in this office for our Central Files. Thank you. æ~' ~J;, Attachments c: Central File (w/attachment) S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2005\Janet Allen - Tow Contracts - R05-040 - Four contracts Only.doc