R97-098RESOLUTION NO. R97-~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE ISSUANCE OF A CERTIFICATE
OF QUALIFICATION TO MCALPINES TOWING;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A TOW AGREEMENT WITH SAID
CONTRACTOR; ADDING MCALPINES TOWING TO THE
ROTATION SCHEDULE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission at their April 2, 1997, meeting
approved the Tow Service Agreement and authorized staff to
proceed with advertising the Tow Service Agreement Request for
Proposal (RFQ); and
WHEREAS, proposals were received and~reviewed by staff, and
the City Commission deems it to be in the best interests of the
City to authorize issuance of a Certificate of Qualification to
McAlpines Towing as a Qualified Tow Contractor and adding
McAlpines Towing to the rotation schedule; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida does hereby authorize issuance of a Certificate of
Qualification to McAlpines Towing, and authorizes the Mayor and
City Clerk to execute the previously approved Tow Agreement with
said Contractor, and adding the Contractor to the rotation
schedule.
Section 2.
immediately upon passage.
That this Resolution shall become effective
ATTEST:
PASSED AND ADOPTED this
Ci[y Clerk
/~ day of June, 1997.
CITY OF BOYNTON BEACH, FLORIDA
Vice Mayor
Commissioner
CITY OF BOYNTON BEACH
TOWING SERVICES AGREEMENT
1997 AGREEMENT
Revised 3/18/97
schedule.
Section 2. That this Resolution shall become effect e
immediately upon passage.
PASSED AND ADOPTED this day of June, 1997.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk
(Corporate Seal)
s:ca\wp'~Reso~gr\Tow Agreement
McAlpines Towing
AGREEMENT
THIS IS AN AGREEMENT, dated the
day of
,1997, between:
THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation,
hereinafter referred to as "CITY"
and
CONTRACTOR".
, hereinafter referred to as "TOW
WITNESSETH:
In consideration of the mutual terms and conditions, promises, covenants and
payments hereinafter set forth, CITY and TOW CONTRACTOR agree as follows:
1. SPECIAL TERMS AND CONDITIONS
1.1
RATES.
The rates herein have previously been established and approved by the Boynton
Beach City Commission and will remain firm and fixed for the term of this
Agreement. The rates charges by TOW CONTRACTOR to provide all labor,
tools, materials, and equipment shall not be greater than the applicable
maximum rates as provided by this Agreement.
1.11
APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY
CiTY
These rates are the only rates that will be charged vehicle owners under this
Agreement:
Aw
TOWING BY ITEM DESCRIPTION
(1) Class A (cars, vans, light trucks
under 10,000 GVW) within City
limits;
$75.00 per call
(2) Motorcycles within the City limits;
$75.00 per call
(3)
Towing outside the City limits for
cars, vans, motorcycles, and light
trucks 3/4 and less;
an additional
$2.00 per towed
mile from the
City limits
1997 Tow Contract.3\18\97 1
(4)
(5)
Class B (vehicles 10,000 to 30,000
GVVV) within the City limits;
Towing outside the City limits
for Class B vehicles;
(6)
(7)
Class C vehicles (over 30,000
GVW) within City limits;
Class C vehicles outside City
limits;
(8)
-(9)
Additional time at the scene
after first hour, per 1/2 hour
thereafter (applied to all vehicles,
cars, vans, and trucks under and
over 3/4 ton, for waiting and extra
street clean-up. This provision
shall not apply in conjunction with
vehicle recovery under Section 1.2(C).
Miscellaneous other charges
4 X 4/off-road vehicle recovery
Tarp fee
Lowboy service
Outside the City limits
Underwater recovery salvage
divers
1997 Tow Contract,3\l 8\97
$125.00 per call
an additional
$4.00 per towed
mile from the
City limits
$150.00 per call
an additional
$6.00 per towed
mile from the
City limits
$30.00 per
half hour
$75.00 for the
first hour, and
$30.00 per haE
hour thereafter
$35.00 per call
$120.00 per hour
an additional
$5.00 per towed mile
from City limits
$125.00 for first
hour or part
thereof, and
$31.00 for each
additional 1/4
hour or part
thereof.
(10)
For purposes of this Agreement, when CONTRACTOR is entitled
to additional charges based on time spent at the scene, unless
otherwise specified, CONTRACTOR shall apportion the charge set
forth herein to be consistent with the actual time 'spent on the
scene.
STORAGE AND LIEN NOTICE
(1) Cars, vans, trucks under 3/4 ton
Outside storage
Inside storage
$20.00 per day
$25.00 per day
(2)
Trucks and vehicles over 3/4 ton
Outside storage
Inside storage
$30.00 per day
$35.00 per day
(3)
Motorcycles
Outside istorage
Inside storage
$10.00 per day
$15.00 per day
(4)
Boat and trailer (21 feet and under)
Outside storage
Inside storage
$17.00 per day
$22.00 per day
(5) Boat and.trailer (over 21 feet)
$30.00 per day
(6)
Lien notice (after 24 hours of
storage)
$30.00 per vehicle
Per Florida Statutes, no storage fee shall be charged to the vehicle owner for a
vehicle stored less than six (6) hours.
"Per d'a¢ shall be defined as a twenty-four (24) hour period or any part thereof.
(C) VEHICLE RECOVERY
The following vehicle recovery fees may be charged to the vehicle owner
when the vehicle is overturned, embedded in sand, mud, or water, or requires
more than a single hook-up:
(1) Class A,and B wrecker on the
scene;
1997 Tow Contract.3\18\97 3
$60.00 per hour
(2) Extra man (each) on the scene $35.00 per hour
A vehicle recovery fee shall not be charged to the vehicle owner in
conjunction with Section 1.11 (A) of this Agreement.
(D,)
FOr
such as assisted start
and over 3/4 ton, a road
le vehicle owner for services
ing a door, delivering gas, tire changes, etc.
1.12
APPROVED. TOWING RATES - CITY OWNED OR CITY LEASED VEHICLES
A. All CITY owned or CITY leased vehicles under the 3/4 ton Class "A"
wrecker will be towed at fifty (50%)percent the Class "A" rate, as
indicated in Section 1.11 of this Agreement.
All CITY owned or CITY leased vehicles :under 3/4 ton requiring road
service as indicated in Section 1.11 of this Agreement will receive such
services at fifty (50%) percent of the road service rate.
Ail vehicles towed at the request of the Boynton Beach Police department
as a crime scene vehicle, confiscated vehicle, forfeited vehicle, or in any
other way related to police business will be towed at fifty (50%) percent of
the contract rate and will be stored for fifty (50%) percent of the contract
storage rate as stated in Section ~1.11 of this Agreement.
All CITY owned or CITY leased vehicles towed under Class "B" or Class
"C" will be towed at fifty (50%) percent of the appropriate Class "B" or "C"
rate as set forth in Section 1.11 of this Agreement.
All vehicles towed at the request of Code Enforcement, or any other
department of CITY in connection to City business, shall be towed at fifty
(50%) percent of the contract rate and Will be stored at fifty (50%) percent
of the contract rate, as set forth in Section 1.11 of this Agreement.
F. City shall not be assessed any waiting time charges, whatsoever.
1.15
SPECIAL AND ADDITIONAL CHARGES
A. WAITING TIME. The cost for waiting time shall not be assessed by TOW
CONTRACTOR until sixty (60) minutes after arrival at the scene.
B. LABOR CHARGES. The cost for labOr under any circumstances and when
applicable shall not be asSessed by TOW CONTRACTOR until sixty (60)
minutes have expired after arrival at the scene. Labor charge must be
1997 Tow Contract.3\18\97 4
clearly shown on the tow receipt with a written explanation of the labor
charge.
Co
LABOR CHARGES PROHIBITED. The cost for labor shall not be
sssessed to CITY or Customer under any circumstances for the clean-up
and removal =of vehicle parts and debris, regardless of the labor and time
necessary to complete clean-up and removal.
SERVICE CALL. TOW CONTRACTOR agrees that the mere response
to a service call scene without other action does not constitute a service
for which charges may be assessed to the vehicle owner.
DOCUMENTATION OF SPECIAL AND ADDITIONAL CHARGES.
TOW CONTRACTOR will document in detail on the tow receipt the
reason(s) for waiting time charges and the work performed for assessed
labor charges, iTOW CONTRACTOR agrees that the :special or additional
charges may be disputed .by CITY officials and/or the vehicle owner or
representative. TOW CONTRACTOR further agrees that the City
Manager or his/her designee will make the final determination on the
,pecial and additional charge, and that TOW
CON' II ~abide by the decision of the City Manager or his/her
designee.
1,2
CONSIDERATION FOR AWARD AND AWARD PROCEDURES
A. A certificate of qualification shall be granted to the best responsible
.applicants meeting the specifications set forth herein, which serve the
best interests of the CITY based upon the following criteria:
the ability of the applicant to provide the required services with
regard to the extent and condition of equipment and facilities,
record keeping: procedures, competency of staff, financial support;
and exceptions taken to contract terms, conditions and
specifications;
experience, qualifications, training and past performance of each
proposed towing company's owners and officers, and persons
directly involved in managing the' service on a regular basis;'
1997 Tow Contract.3\l 8\97
substantiated complaints received by CITY or Palm Beach County
Consumer Affairs concerning misconduct on the part of the
proposed towing company, such as excessive charges, poor
business practices, damage to vehicles, extensive involvement in
litigation will be considered and shall weigh heavily against each
applicant.
Evaluation of applications will be conducted by: a'committee of City staff
who shall evaluate ali responsive applications received from applicants
meeting or exceeding the contract specifications based upon the
information and references contained in the applications. The committee
record kee
company
recomme
tow
over his/her
pon its deliberations and
1.3
ELIGIBIL;ITY.
A. To be eligible to res
in
OI
within
TOW ;CONTRACTOR shaft be
ill,time basis in Palm
.and shallbe-able to
ce in similar services
~ri of which must have been
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.
In the event litigation arises out of the CITY's failure to select a particular
applicant, damages, if any, shall be. limited to actual preparation costs
incurred by the challenging party.
The terms "equipment" and "organization" as used herein shall be
construed to mean a fully equipped, and well established company as
determined, approved or ratified by the Boynton Beach City Commission.
compliance with the terms of this
such at all times during the
CONTRACTOR agrees that it
selected, fulfill and
and requirements of the C
State of. Florida, the United
1997 Tow Contract. 3\18\97 6
TOW CONTRACTOR shaft:have an office and storage facility within the
city limits of the City of Boynton Beach at the time the proposal is
submitted for CITY's review. The storage facility shall be in full
shall be maintained as
of this Agreement. TOW
its sole cost and expense, if
ordinances, codes, regulations
Palm Beach County, the ---
and any and all
governmental agencies having urisdiction over the providing of services
as contemplated in this Agreement.
TOW CONTRACTOR must maintain at all times during the term of this
Agreement a Palm Beach County Towing License required pursuant to
Palm Beach County Ordinance 94-2. Proof of said license shall be
submitted prior to the approval of this Agreement.
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.
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.
1.4 APPLICATION REQUIREMENTS.
All applications shall be submitted as specified on the application pages. Any
attachments must be clearly identified. To be considered, the application must respond
to all parts of the RFP. Any 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
TYPED. NO HANDWRITTEN MATERIALS WILL BE ACCEPTED. ANY
HANDWRITTEN APPLICATIONS THAT ARE RECEIVED WILL BE
AUTOMATICALLY DISQUALIFIED AND WILL NOT BE CONSIDERED.
1.5
GENERAL SPECIFICATIONS.
A. TOW CONTRACTOR shall maintain and have available at all times for
inspection by authorized CITY personnel, detailed records of all services
rendered relative to the subject Agreement.
B. TOW CONTRACTOR shall fumish 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
1997 Tow ContracL3\l 8\97 7
(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. Ci~ shall be given preference only for calls by the
Police Department.
City for; sai
minimum requirements set:forth in this Agreement.
space within the
I;ities shall meet the
Do
At an acCident scene, TOW CONTRACTOR shall remove from the street
and surrounding area all broken glass and Other debris resulting from the
accident.
Eo
CITY:shall have: the right to cancel 'a request for tow company service up
until the time that a wrecker is hooked: onto a vehicle and ready for
transport to the-storage facility.
1.6
SPECIFICATIONS FO R WRECKERS.
The CITY agrees to maintain three (3) wrecker rotation lists, as follows:
1. Class "A"FB" LiSt;
2. Class "C" List; and
3. Code Enforcement List (mandatory for all Class "A"/"B" tow
contractors).
TOW CONTRACTOR must own, lease (first-party) and be in possession,
or mortgage and have .immediate access to two (2) CLASS "A"
TOWING/RECOVERY VEHICLES with the following specifications:
Small wreckers with a minimum four (4) ton capacity, with a
minimum GVW rating of 10,000 pounds and equipped with a
cradle, or tow plat, or sling, and safety chains.
2. Boom capacity greater than or equal to four (4) tons.
3. Power winch with a pulling capacity of at least four (4) tons.
At least One hundred (100) feet of 3/8-inch thick (or greater) cable
with an end hook.
1997 Tow Contract.3\18\97
5. One of the required Class 'W' wreckers must be a flatbed truck roll
back or slide-back, with a minimum four (4) ton capacity, a
minimum GVW rating of at least 10,000 pounds to 14,000 pounds,
with at least (4) ton winch pulling capacity, a fiat bed at least 17 to
19 feet in length, and at least fifty (50) feet of 318 inch cable.
8
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, wheel lift is mounted on a chassis
25,000 pound to 30,000 pound GVVVR and equipped with a minimum of
two (2) 15,000 pound winches and the boom a 16 to 20 tons, or flatbed or
slideback that is mounted .on a 20,000 to 23,000 pound GVVVR chassis
and equipped with an 8,000 to 10,000 pound winch.
Should TOW CONTRACTOR desire to be placed on the Class "C"
wrecker rotation list, TOW CONTRACTOR must own, lease (first-party)
and be in possession, or mortgage and have immediate access to at least
one (1) CLASS "C" TOWING/RECOVERY VEHICLE with the following
specifications:
Large wrecker with at least twenty-five (25) ton capacity, a GVW
rating of at least 25,000 pounds, a cradle or tow plat or sling, and
safety chains or wheel lift capability.
2. An extendible boom with a capacity of at least fifteen (15) tons;
A twin power winch with a pulling capacity of at least twenty-five
(25) tons.
4. At least Two hundred (200) feet of 5/8 inCh thick cable.
5. Air brakes with an auxiliary air supply.
Class "C" TOW CONTRACTORS must have the ability to tow an aerial
fire truck that is approximately 64,000 pounds GVW, and any sanitation
truck.
Eo
TOW CONTRACTOR must be able to tow a motorcycle on a flatbed tow
truck.
EACH AND EVERY tow truck or recovery vehicle must be outfitted with
t.he following supplies and equipment:
Operating clearance and marker lights, as well as any other
equipment required by Florida Statutes, or any other laws or codes
governing tow and recovery vehicles;
2. There shall be a rotor beam or strobe light, that is amber in color
and mounted on the wrecker in such a manner that it can be seen
1997 Tow Contract.3\ 18\97 9
5.
6.
7.
8.
from the front, rear and sides of the vehicle;
One (1) heavy-duty push broom;
A flood light on the hoist;
One (1) flat-nose shovel;
One (1) ax;
One (1) crowbar;
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, ~,~,.~.~,?~ne (1) pair of bolt cutters;
10. One (1) set of jumper cables;
1 1. 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.
16.
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
Each vehicle shall be specifically designed, constructed and
equipped for the towing of vehicles, and ~shail at all times, be
properly maintained in a mechanically safe condition.
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
wrecker.
H. TOW CONTRACTOR shall have available at all times, sufficient
equipment to perform all services required herein on a timely and
1997 Tow Contract.3\18\97 l0
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.
1.7
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.
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.
Each wrecker: shall be manned by a driver who must meet the following
qualifications:
Possesses a valid State of Florida required Commercial Drivers
License (CDL);
Possess knowledge of the layout of streets and roadways within
the City of.Boynton Beach; and
Be physically qualified to perform the normal and everyday tasks
required of a tow truck operator.
Do
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.
1.8
STORAGE 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.
!. 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
1997 Tow Contrac[3\18\97 l I
containing, for example, a desk, phone, facsimile machine,
computer~ etc.;
with a physical plant having the name of the company and the
mailing address and' 24~hour phone number clearly painted;
that are accessible to CITY officials at-anytime, 24 hours a day, 7
days a week; and
that maintains a manned 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.
OUTSIDE STORAGE
a. Outside storage shall be kept and maintainecl 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.
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.
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 Enforcement-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
1997 Tow Contract.3\ 18\97 12
high ceiling;
a paved floor (i.e. concrete, asphalt) that is free from dirt, standing
water and vegetation;
an electrical lighting source sufficient to :permit processing of a
vehicle; and
d. one (1) outside window or a ventilation system.
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.
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.
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.
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.
so
Confiscated vehicles or vehicles involved in litigation shall be
protected from the, elements, preferably at an inside storage
facility, as to main!ain 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 T°w Contractor's facility.
f. City of Boynton Beach Police Department Personnel shall be
permitted access to all such vehicles at all times.
2.0 PERFORMANCE PROBATION PERIOD.
! 997 Tow Contract~3\l 8\97 13
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
~ the
Certificate of Qual the
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.
2.5
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.
2.'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.
2.2
REVOCATION.
In the event any criteria for qualification established by this Agreement and
Resolution R97, 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,
1997 Tow Contract.3\18\97
14
such a recommendation shall be considered by the City Commission for CITY.
2.3
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.
2.4
REPUTABILITY.
La lity shall be cause for revocation of a Certificate of Qualification
an( but not be limited to the following:
Misstatements concerning the conviction of any officer, employee or
agent convicted of any felony when that person's civil rights have not
been restored;
Retaining any officer, employee or agent convicted of any felony when
that person's civil rights have not been restored;
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.
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.
2.5
1997 Tow Contract.3\li8\97
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
CON of any
CON
Com~
Agreement
~sion of a
inst TOW
the
State,
of the
TOW
2.6
COMMERCIALLY MANUFACTURED EQUIPMENT.
A.
and
Cl~ .or its designee.
,owned, leased, or
, manufactured
;in or be approved by
Bo
utilized by TOW
condition at all
times,
Co
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.
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).
2.7
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.
2.8 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,
1997 Tow ContracL3\ 18\97 16
2.9
3.0
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.
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 areon~uty: 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.
TWO OR MORE APPLICATIONS UNDER DIFFERENT NAMES
RECEIVED FROM ONE PROPOSER.
If more than one application i~s submitted by any one proposer, by or in
the name of his or their clerk, partner, or other persons, and it is
deter,mined 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 begun, said action sh. ali constitute grounds for revocation of the
Qualification and termination of this Agreement with TOW
C~
3.1
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 depending upon the vehicle class requested:
CLASS A
CLASS B
CLASS C
30 minutes from request
30 minutes from request
45 minutes from request
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 an~ motor vehicle infraction fines occurring after the
1997 Tow Contract.3\! 8\97 17
response time limit has expired,.
In the event TOW CONTRACTOR fails to respond i:n a timely manner, the
department of CITY requesting the service shall document the
untimeliness, and forward said writing to the Agreement Administrator.
The following penalties shall apply should any
to respond within the class res
this Agreement:
of
i Penalty
No penalty
'~ Certified letter of warning
; 4th offense
: 5th offense One (1}
6th offense and greateri Termination
and
qualification
with CITY
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.
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 the any pending appeals.
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.
3.2
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.
3.3
1997 Tow Contract,3\l 8\97
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
18
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.
TOW CONTRACTOR shall notify CITY in writing of any and all repairs
completed on vehicles, automobiles, trucksi 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.
3.4
INSURANCE: REQUIREMENTS.
A. TOW CONTRACTOR'S liability insurance policies shall name the CITY
as an additional insured.
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.
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.
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:
Comprehensive General Liability Insurance with minimum limits of
coverage of Five Hundred Thousand ($500,000.00) 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
1997 Tow Contract.3\18\97 19
incident and property damage coverage of One Hundred Thousand
($100,000.00) Dollars per incident,
Garage Keeper's Legal Liability Insurance coverage in the
minimum amount of SeventY-five Thousand ($75,000.00) Dollars to
or stored
from any loss
or damag, or
storage.
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 is 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.
EaCh and every insurance policyr must
acceptable to CITY's Risk
authorized to do business in the State of Florida.
lease six (6) monthS in duration.
by companies
qualified and
All policies must be at
Each TOW CONTRACTOR shall show proof of the insurance raquirad f--',
under thi
TOW
this
and
by Cl~.
to the issuance of a Certificate of Qualification.
hall operation, under the term of
proof of insurance, detailing terms
~ been received, reviewed, and approved
TOW CONTRACTOR agrees to maintain, at its own cost and expense,
worker's compensation coverage required by the State.
3.5
TOW CONTRACTOR'S LIABILITY.
A. TOW CONTRACTOR shall be liable for any towed vehicle and property
contained! therein. TOW CONTRACTOR or its employee, representative,
or agent shall inventory all personal property contained in each vehicle
towed.
3.6
1997 Tow Contract.3\ 18\97
B. 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.
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.
3.7 ACCESSIBILITY OF STORAGE FACILITIES.
All storage areas shall be accessible at any time, day or night, seven days a
week, and 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" charges to CITY or any
individual(s) or entity retrieving a vehicle from storage.
3.8
PROTECTION OF VEHICLES AND PROPERTY.
A. Vehicles and trailers stored in enclosed areas shall be stored under "lock
and key."
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.
TOW CONTRACTOR agrees to replace any such article(s) upon
verification of the loss be the designated investigative agency
representing the City of Boynton Beach or Palm Beach County.
3.9
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 pedodic inspections
during the term of Agreement when deemed necessary by the City
Manager's office or the CITY's Police Department.
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.
3.10
RELEASES OF VEHICLES AND PERSONAL PROPERTY.
A. TOW CONTRACTOR agrees to release any vehicle or trailer which 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.
997 Tow Contract,3\l 8\97 21
All persons applying for release of the vehicle or trailer from TOW
CONTRACTOR shall present adequate proof of ownership or right to
possession. FOW CONTRACTOR shall give a receipt and
it ;] all charges related to the impounding of the
Co
we
has
trailer from
(7) days a
~mentation
Any vehicle or trailer declared to be abandoned, junk or constituting a
nuisance may only be released under the authority of the Boynton Beach
Police Department.
Eo
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 retdeve
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,
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.
4.0
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
1997 Tow Contract,3\ 18\97 22
4.1
4.5
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.
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 i within :the city limits shall be towed to a storage facility within
th ,nton Beach, Florida, and shall remain at that location for at
least seven (7) days.
RADIO COMMUNICATION.
$.0
Ao
C.
D.
E.
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.
Any radio, communication shall, at no time, be tuned into any police
frequencies.
Guidelines of the Federal Communication Commission (FCC) shall
prevail.
TOW CONTRACTOR shall, at all times, have a competent employee(s)
manning the communication system.
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.
REPORTS AND RECORDKEEPING.
A. TOW CONTRACTOR shall provide to the CITY 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;
1997 Tow Contract.3\ 18\97 23
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
.stc
the
the vehicle.
Bo
In additio CONTRACTOR
shall nd detailed
listing of all ~nded or stored
for periods CITY.
thirty (30)
days from to the
Police Department.
Services r CITY owned or leased vehicles or trailers shall be
logged NTRACTOR on .a monthly basis to the
CITY Public Works: Director. All such logs shall .identify the vehicle or
trailer toWedi the location from which~ it,Fas towed, and the hours and
dates aPplicable to' TOW ;C0NTRACTo.,,R S services With respect to those
;service ticket' shall include the signature of the
vehicles (
authorized approving towing of the ' vehicle or trailer.
rOvide such information,time as a
form is which then must be by TOW
CONTRACTOR.
TOW CONTRACTOR shall: maintain .at
containing the following information:
1.
2.
3.
its place of business records
a vehicle on the premises;
a monthly log of all 3y the Police Department;
the. date, time and method of
notification to the registered owner of the stored vehicle or trailer;
and
A daily log setting forth a list of all vehicles towed, as Well as
information on ea~ 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.
1997 Tow Contract.3\l 8\97 24
TOW CONTRACTOR shall make available for inspection by
authorized CITY personnel the compounds and storage facilities
required herein.
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.
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 ~or a period of three (3)
years of this Agreement. If an audit has been initiated
within period, but findings from the audit have not been
resolved, the records shall be retained and maintained until resolution of
audit findings.
For monitoring purposes, TOW CONTRACTOR shall submit to CITY's
Tow Agreement Monitor on a monthly basis 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.
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
Agreemer~t with TOW CONTRACTOR.
5.1
CODE ENFORCEMENT CASES.
A. When vehicles or trailers are towed from public property, including ~ght-
te notification, TOW CONTRACTOR has the
option of vehicle or keeping it safe for sale pursuant to
Sections 7 1 715.05, Florida Statutes.
Bo
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
1997 Tow Contract.3\l 8\97 25
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.
5.2
NON-EXCLUSIVITY OiF SERVICES.
A. The owner or
rr
corn
;hicle or trailer which has
been incapacitated in any other
a wrecker or tow
~icle does not
~nse time can be
d of
owing, and storage
es to any
; acts or omissions.
All vehicles and trailers towed under
but not limited to the City's
Department,~ Public Works
governed by this section:
the CITY, including
Code Enforcement
artment, shall be
,5.3
INDEMNIFICATION AND :HOLD HARMLESS CLAUSE.
TOW CONTRACTOR indemnify and save CITY, its agents,
employees, and
claims,
the
or
attorn
administrative or l
and
against any and all
arising dudng
of TOW
amage to property,
'and from all costs,
lations, and any
~m and against all
therein. TOW
and police
forth in this section,
In the: event
Agreement, the
and ali costs and expenses
arise from this
}:reasonable attorney's fees
5.4 NON-DI
TOW
of this
the
1997 Tow Contract.3\18\97
gion, gender, age, handicap.
26
;that in the performance
.permit discrimination on
marital status, political
affiliation, national origin, or otherwise with respect to its hiring practices and in
the performance of the terms of this Agreement.
5;5
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.
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 delineated 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.
5.6
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.
5.7
NON-ASSIGNABILITY.
The Certificate of Qualification shall not be assigned, sold or transferred in any
manner whatsoever.
6.0
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.
6.5
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.
1997 Tow Contract.3\18\97 27
6.6
7.0
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 that this Agreement is sensitive in nature and
requi ith the
courtesies;
A. Expedite release of vehicle in accordance with the terms of this
B~
or
g documents from the vehicle
and any unattached personal
politely the reason for the tow and all charges levied;
and
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.
WRECKER ROTATION LIST PROCEDURE.
A. Purpose. The purpose of the wrecker rotation is to have in place a
for wrecker call-out on a per incident basis (except Code
i. An index :card system is utilized and maintained by the
s Communication DiVision.
Procedure.
1. Card System.
a. Index cards will be arranged in a three-card file system, as
follows:
i. Class "A" and "B" Wrecker Companies;
ii. Class "C" Wrecker Companies; and
ii. Code Enforcement Wrecker Companies (all Class
"A"/"B" TOW CONTRACTORS required to
participate).
b. TOW CONTRACTORS will be filed in alphabetical order,
according to corporate name.
c. ^ 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
! 997 Tow Contract.3\18\97 28
Co
service, TOW CONTRACTOR will be moved to the end of
the list, thereby forfeiting that rotation.
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.
The next tow.company in the rotation will be contacted in the
event TOW .CONTRACTOR cannot be reached by the
Cl~'s Communications Division or TOW CONTRACTOR
has failed to respond within a reasonable time to a
hazardous scene. The ,City official, agent or employee shall
determine., based on'his sole discretion, whether the
response tim ~sive.
the CITY will reconcile logs on a
daily basis, gather any reports of problems or
incidents that were brought to the attention of the dispatch
supervisor, shall forward the same to the Tow
Agreement lin the CITY's Police Department.
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 shail, contain the date and time of the tow, the tow
company,' the CITY officer, agent or employee~ dispatch,
case numberli 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
The ,request shall be logged as such by
CITY in the 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.
.¸
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.
8.0 CODE ENFORCEMENT TOWING PROCEDURE.
A. Purpose.. Standard operating procedure-is
! 997 Tow Contract.3\ 18\97 29
to be utilized for the
removal of vehicles or trailers deemed to be abandoned or wrecked as
described in Section 10-52, City of= BoyntOn Beach Code of Ordinances.
Procedure.
1. Tow List.
;a.
on the I
C.
at the front desk of the CITY's
and 20th day-of each
returned to the front desk no
mohth.
will be noted
:urrently licensed).
; status is not verified will
rotation
name of and accessible contact
the Police
Rotation.
a. Wrecker companies shall rotate Code Enforcement tows on
a monthly basiS.
b. TOW CONTRACTOR is required to notify CITY's Code
;nt and the employee responsible for
Jeast ten (10) days in advance of its month do
tows, if said TOW
CO unable to perform such tows as
In, the event TOW CONTRACTOR is
rm, it shall be moved to the end of the Code
be subject to penalties as
Co
Ul
provided in
tow
discretion
failure to perform Code
~than two (2) months during any
result in suspension from ALL
of time as determined under the sole
City Manager.
CITY hereby
procedure
Agreement in an
enforcement tows
to modify the rotation schedule or
tows under this section of the
the procedure to place code
or otherwise.
9.0 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
1997 Tow Contmct3\18\97 30
of one (1) year from that date. This Agreement shall be automatically renewed
for two (2) additional one (1) year terms, 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.
9.1
IN DEPENDENT 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
Sta wage and overtime payments, Federal Insurance
Security Act, the Federal Unemployment Tax Act,
the p , the State Workers Compensation
Act, law. TOW CONTRACTOR shall
I the judgment of the manner and means of
activities and responsibilities hereunder.
agrees that it is a separate and independent enterprise
from the CITY, that it haS full opportunity to find other business, that it has make
its own investment in its business, and that it will utilize a high level of skill
This Agreement shall not~ be .construed as
and
, including
overtime premiums.
ionship between the TOW .CONTRACTOR
liable for any obligation incurred by TOW
to unpaid minimum wages and/or
10.0
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 t~e 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:
1997 Tow Contract.3\l 8\97
31
10.2 ~ BINDING AUTHORITY.
Each person signing this Agreement on behalf of either party
warrants that he or she has full
of the
individually
on behalf
:)arty
10.3 SEVERABILI~.
If any
th
other which r i
;ment
thereof to any person or
unenforceable, the remainder of
situations
unenforceable
and be
10.4
GOVERNING LAW.
The and conditions of this Agreement shall be governed by and
interp~ 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.
10.5
EXTENT OF AGREEMENT,
This Agreement represents the entire and integrated agreement between CITY
and TOWCONTRACTOR and suPersedes all prior negotiations, representations
or agreements, either written or oral.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
CITY
BY:
Mayor
ATTEST:
APPROVED AS TO FORM:
City Clerk
1997 Tow Contmct.3\18\97
City Attorney
32
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared , 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 FOREGOING, I have set my hand and official seal
at in the State and County aforesaid On this day of 1997.
NOTARY PUBLIC
My COmmission Expires:
WITNESSES:
TOW CONTRACTOR
BY:
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared , 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 FOREGOING, I have set my hand and official seal
at in the State and County aforesaid on this day of 1997.
NOTARY PUBLIC
My Commission Expires:
WPL'~GMT"°-ATowin~ A~reement
1997 Tow Contract,3\ 18\97
33