R97-057RESOLUTION NO. R97-..4",~'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE REVISED JOB DESCRIPTIONS FOR PUBLIC
INFORMATION OFFICER POLICE DEPARTMENT,
AND GRANTS ADMINISTRATOR; APPROVING THE
NEW JOB DESCRIPTION OF COMPUTER SYSTEM
TECHNICIAN, ALL OF WHICH POSITIONS ARE
CURRENTLY FUNDED IN THE 1996/97 BUDGET; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission, upon recommendation of staff, hereby
approves the revised job descriptions for Public Information Officer Police
Department and Grants Administrator, and approves the new job description of
Computer System Technician, all of which positions are currently funded in the
1996/97 budget; 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 approve the revised job descriptions for Public Information Officer -
Police Department and Grants Administrator and approves the new job description
of Computer System Technician, all of which positions are currently funded in the
1996/97 budget., and which descriptions are attached hereto as Composite Exhibit
Section 2.
passage.
This Resolution shall become effective immediately upon
PASSED AND ADOPTED this
day of April, 1997.
ATTEST:
(Corporate Seal)
.R~eement~U~. ~
",,,,,,,..5 s~.
CiTY Of BOYNTON BEACH, FLORIDA
Vice ~l'~yor
Co~/~oner
(~ommissioner
Commissioner
PUBLIC INFORMATION OFFICER
POLICE DEPARTMENT
Nature of Work:
This is a responsible, professional, administrative and research position reporting directly to the
Chief of Police. The employee in this position will be responsible for developing, implementing,
coordinating and operating a comprehensive proactive public information and volunteer program.
There is daily interaction with the public, elected officials, representatives of the media and
volunteers. Work involved will include all phases ora traditional public information and volunteer
program and will be conducted with advice and review by the Chief of Police. Work performance
will be evaluated through the effectiveness of such program and the achievement of specified
development goals as the program expands and matures. An employee in this position must have
specific experience with desktop publishing and computer sofb, vare applications.
Note: These examples are intended as illustrations of the various types of work performed in this
position. The omission of speci, fic statements of duties does not exclude them from this position if
the work is similar, related, or a logical assignment to the department's function.
Serves as general sources for dispensing information about the Police Department to all who request
it; prepares press releases, public service announcements, and special activity newsletters and news
statements. Responds to requests fi.om the media.
Develops and edits a Police Department newsletter; assists employees in the preparation of articles
for the employee newsletter.
Responds to requests for information fi.om the public and media representatives, provides this
information to the public and media representatives; develops a system to keep current information
on Police Department activities easily available to the public.
Assists in facilitating Police Department assistance for marches and meetings, such as providing
security, traffic control and representation at events.
Provides support services to community members of the local Wrice Process group.
Monitors supplies and equipment associated with the anti-drug marches and meetings to maintain
appropriate stock level.
Solicits, accepts, processes, and maintains civilian volunteer applications; coordinates with Human
Resources as needed; coordinates with Detective Division regarding background investigationS.
Establishes need for volunteer work by maintaining effective working relationships with other police
department employees and supervisors.
May write proposals to obtain government funding. Performs other related duties as necessary.
Page 1 of 3 pages
.PUBLIC INFORMATION OFFICER, POLICE DEPARTMENT
~d Abiliti~
Knowledge of the principles and methods of coordinating a Public Safety Public information and
volunteer program.
Knowledge of organizational behavior as related to a taw enforcement agency.
Knowledge of the geographical layout of city and principal target areas.
Ability to effectively interact with the mass media.
Ability to mobilize and facilitate groups of varying size and diversity.
Ability to plan, organize and coordinate programs with groups.
Ability to communicate orally and in writing.
Ability to establish rapport and cooperation with police officials, volunteers, city departments and
the general public.
Education and Job Relat~t_EX~ien_ce
Bachelor's degree in Journalism, Public Relations, Marketing or related field and three (3) to five
(5) years job related experience or any equivalent combination of training and experience that meets
the job requirements. Must be able to operate a motor vehicle and possess a current valid Florida
drivers license.
Training
Amount of training, either on-the-job or formal education, usually associated with this occupation
in addition to the Reasoning, Math and Language abilities detailed below:
One (1) to (3) years
Minimum ReasoningalbJliWalsual[v associated with-this_classificatiom
Ability to apply principles for logical or scientific thinking to define problems, collect data, establish
facts, and draw valid conclusions.
Minimum Math ability_usually associated witlLthis_classifieatio~
Using Math; Ability to add, subtract, multiply and divide; to work with fractions and percentages.
Minimum Lan~ usually associated ~vith this classification:
Read: Ability to read literature, book and play reviews, scientific and technical journals,
abstracts, financial reports, and legal documents.
Write: Ability to prepare business letters, essays, reports, editorials, journals, speeches, manuals and
grants.
Speak: Ability to be conversant in the theory, principles, and methods of effective and persuasive
speaking, voice and diction, phonetics, and discussion and debate.
Page 2 of 3 pages
PUBLIC~.INFORMATiON OFFICER, POLICE DEPARTMENT
Degree of physical demands (strength) usually associated with this classification:
Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force
frequently or constantly to lift, carry, push, pull, or otherwise move objects, including the human
body. Sedentary Work involves sitting most of the time, but may involve walking or standing for
brief periods of time. This position at times may require walking or standing to a significant degree.
Types of Physical Demands usually associated with this classification:
Reaching, handling, fingering: (Reaching - extending the hand(s) and arm(s) in any direction).
(Handling - seizing, holding, grasping, taming or otherwise working with hand or hands, fingering
not involved). Fingering - picking, ' ·
p~nching or otherwise working with fingers primarily, rather than
with whole hand or arm as in handling).
Talking, seeing, hearing: (Talking - expressing or exchanging ideas by means of spoken word).
(Seeing - the ability to perceive the nature of the objects by the eye). (Hearing - perceiving nature
of sounds by ear).
Physical Surroundings usually associated with classification:
The worker is subject to both inside and outside environmental conditions: Activities occur inside
and outside in varying amounts.
Maehin~s,Iools, E __; , -, '--' i -- - which may be representative, but not al/inclusive,
of those commonly associated with this type of work:
Computer, desk-top publishing software, camera, telephone, typewriter, reference books, tape
recorder, pen, pencil, copier machine, fax machine, etc.
Employee Name ............
Employee Signature ..........................................
............ Date ...........................
Page 3 of 3 pages
GRANTS ADMINISTRATOR
Nature of Work:
This is professional and technical work maintaining current grants and researching new grants.
Responsibilities consists of identification, preparation and submission of grant proposals and
assisting in communicating with agencies providing grant funds to the City. Employee works
under the general sUpervision of the Finance Director and assist the Director in the supervision of
all phases of grant work. Considerable independent judgment and initiative must be exercised. Work
is reviewed through conferences, observation and analysis of work and reports.
Tasks Statement (s):
Note: These examples are intended as illustrations of the various types of work performed in this
position. The omission of specific statements of duties does not exclude them from this position if
the work is similar, related, or a logical assignment to the department's function.
Researches federal, state and county grant funding to locate grants for which the City would be
eligible to apply. Constructs grant applications and supporting documentation.
Discusses grant possibilities with user departments and prepares grant applications with the user
departments assistance.
Tracks grant application status and coordinates lobbying effort toward grant award.
Maintains all grant accounting and financial control on computer database system to.
Prepares and submits grantee reports which must be submitted to the granting organization/agency.
Directs and coordinates, or writes specifications for evaluation and monitoring of grant funded
programs.
Prepares monthly stares reports on grants for user departments, City Manager and City Commission.
Prepares year end report for auditors and submits copies of all grants to the City's external auditors.
Knowledges. Skills and Abilities:
Thorough knowledge of the grant application process.
Thorough knowledge of maintaining financial accounting of grants.
Page 1 of 3 pages
GRANTS ADMINISTRATOR
Knowledge of report preparation techniques and procedures.
Ability to work with PC computer using a Microsoft Works environment.
Ability to prepare and evaluate professional and technical reports, grant applications and other
documents.
Ability to lobby agencies for grant opportunities.
Ability to prepare and present ideas in a clear and concise manner, both orally and in writing.
Ability to establish and maintain effective working relationships with co-workers, and local, state,
federal officials and agencies.
Education and Job Related Experience:
Bachelors degree or equivalent in Finance, Business Administration or a related field from an
accredited university. Five (5) years experience in grant administration or an equivalent combination
of experience and training that meets the job requirements. Grant experience may be substituted on
a year to year basis for degree.
Minimum reasoning ability, usually associated with this classification:
Ability to apply principles of logical or scientific thinking to define problems, collect data, establish
facts, and draw valid conclusions; to interpret an extensive variety of technical instructions in
mathematical or diagrammatic form. Deal with several abstract and concrete variables.
Minimum Math ability, usually associated with this classification:
Ability to add, subtract, multiply, and divide all units of measure; to perform the four operations with
like or common decimal fractions; to compute ratio, rate, and percent; to perform arithmetic
operations involving all American monetary units.
Minimum Language ability, usually associated with this classification:
Read: Ability to read literature, book and play reviews, atlases and encyclopedias; scientific and
technical journals, abstracts, financial reports, and legal documents.
Write: Ability to prepare business letters, expositions, summaries, and reports, using prescribed
format and conforming to the rules of punctuation, grammar, diction, and style.
Speak: Ability to speak before others with poise, voice control, and confidence, using correct
English and well-modulated voice.
Page 2 of 3 pages
GRANTS ADMINISTRATOR
Amount of training, either on-the-job or formal education, usually associated with this occupation
in addition to the Reasoning, Math and Language abilities detailed above:
One (1) to three (3) years.
Physical Demands
Degree of Physical Demands (strength) usually associated with this classification:
Light Work: Exerting or moving up to 20 pounds of force occasionally, and/or up to 10 pounds of
force frequently or constantly to move objects.
This position at times may require walking, sitting, or standing to a significant degree.
Type of Physical Demands usually associated with this classification:
Reaching, Handling, Fingering, Feeling: (Reaching - Extending the hand(s) and arm(s) in any
direction). (Handling - Seizing, holding, grasping, turning, or otherwise working with hand or hands
(fingering not involved) ).(Fingering - Picking, pinching, or otherwise working with fmgers
primarily (rather than with whole hand or arm as in handling) ). (Feeling - Perceiving attributes of
objects such as size, shape, temperature, or texture by means of receptors in skin, particularly those
of finger tips).
Stooping, kneeling, crouching: (Stooping - Bending body downward and forward by bending spine
at waist). (Kneeling - Bending legs at knees to come to rest on knee or knees). (Crouching -
Bending body downwards and forward by bending legs and spine. )
Talking, Hearing, Seeing: (Talking - Expressing or exchanging ideas by means of spoken word).
(Hearing - Perceiving nature of sounds by ear). (Seeing - The ability to perceive the nature of
objects by the eye).
Environmental Conditions:
Physical Surrounding usually associated with this classification:
The worker is subject to inside environmental conditions. Protection from weather conditions but
not necessarily from temperature changes.
Machines, Tools, Equipment; and Work Aids which may be representative, but not all inclusive,
of those commonly associated with this type of work.
Typewriter, Computer, Calculator, Telephone, Copier, FAX, Tape Recorder, Charts, Diagrams,
Entry Books, File Cabinets, Pens, Pencils, Ledgers, Schedules, Text Books, Audio & Video
Equipment, State Statutes, City Ordinances, etc.
Pag 3 of 3 pages
COMPUTER SYSTEM TECHNICIAN
Nature of Work:
This is a technical position requiring minimal supervision. An employee in this position
is responsible for the maintenance of assigned functions of the computer network now in
place within the Utilities Department. The servers and high end work stations on the
network are RISC architecture with a mix of 486 & Pentium Intel based client PC's.
Operating system on the servers and work stations is SUN Solaris with a mix of Windows
3.1 and Windows NT 4.0 as Client Operating Systems. Future direction for this position
will concentrate towards the Microsoft Windows NT environment; strengths in this
environment will be important.
Task Statement (s):
Note: These examples are intended only as illustrations of the various types of work
performed in this classification. The omission of specific statement of the duties does not
exclude them from the position if the work is similar, related or a logical assignment of
this position.
Maintains and trouble shoots assigned segments or components of the system.
Assist with installing client software on PC's and configuring network connectivity.
Reviews system configuration and makes recommendations as to potential system
performance improvements or enhancements.
Keeps abreast of trends and new technologies in hardware, operating systems and
applications.
Makes recommendations to establish protocols for users that affect and protect system
reliability. Examples included installing anti-vms software and vires updates on users
PC's to help insure trouble-free operation as well as establishing procedures for scanning
imported data from other outside sources.
Ensure that system-wide backups are nmning correctly and data is archived off site on a
regular basis. Assist users in recovering lost files from backup media.
Provide informal mining and technical assistance to system users when dealing with
network related problems, printing issues and system / PC Client software issues.
Page 1 of 4 pages
COMPUTER SYSTEM TECHNICIAN
Schedule and coordinate any formal ~ning for users both on and off site.
Maintain an inventory of software applications, license information, etc.
Maintain and update software and hardware vendor maintenance contracts. AssiSt with
renewal of contracts and updating of information to ensure that all system components
and sottware are covered appropriately.
Maintain a computer library of manuals and related application documentation and
research materials.
Education and Job Related Experience:
School course work related to or culminating in a concentration of experience dealing
with the maintenance and operation of computer systems in medium-sized organizations;
municipal experience preferred. Successful candidate for this position must have a
demonstrable level of experience with Unix-based operating systems and experience
related to the migration of PC Clients from the Windows 3.1 environment to the
Windows NT 4.0 operating environment. Any combination of course work, training, or
experience that meets the minimum job requirements may be considered.
b~inimum Reasoning ability_ usually associated with this classification:
Ability to apply principles of logical or scientific thinking to define problems, collect
data, establish facts, and draw valid conclusions; to interpret an extensive variety of
technical instructions in mathematical or diagrammatic form. Deal with several abstract
and concrete variables.
Minimum Math' ability_ usually associated with this classification:
Ability to add, subtract, multiply, and divide all units of measure; to perform the four
operations with like or common decimal fractions; to compute ratio, rate and percent; to
calculate surfaces, volume, weights, and measures;to perform arithmetic operations
involving all American monetary units.
Minimum Language ability_ usually associated with this classification:
Read: Ability to read a variety of novels, magazines, atlases, and encyclopedias; to read
safety rules, instructions in the use and maintenance of shop tools and equipment, and
method and procedures in mechanical drawing and layout work; to read technical
manuals and interpret computer diagnostics machine.
Page 2 of 4 pages
COMPUTER SYSTEM TECHNICIAN
Write: Ability to write reports with proper format, punctuation, spelling, and grammar.
Speak: Ability to speak before others with poise, voice control, and confidence, using
correct English and well-modulated voice.
Amount of training, either on-the-job or formal education, usually associated with this
occupation in addition to the reasoning, math and language abilities detailed above:
A demonstrable level of experience and familiarity with the Unix Operating system.
(Experience with SUN Solaria OS preferred)
A demonstrable level of experience and familiarity with the Microsoft NT 3.51 / NT 4.0
Operatk-xg systems and migration fi.om Windows 3.1.
Physical Demands:
Degree of Physical Demands (strength) usually associated with this classification:
Sedentary Work: Exerting up to 25 pounds of force occasionally and/or negligible
amount of force frequently or constantly to lift carry, push, pull, or otherwise move
objects, including the human body. Sedentary Work involves sitting most of the time,
but may involve walking or standing for brief periods of time.
This position at times may require walking or standing to a significant degree.
Type of Physical Demands usually associated with this classification:
Reaching, Handling, Fingering, Feeling: (Reach - Extending the hand(s) and arm(s) in
any direction). (Handling - seizing, holding, grasping, taming, or otherwise working with
hands or hands (fingering not involved). (Fingering - Picking, pinching, or otherwise
working with fingers primarily (rather that with whole hand or arm as in handling).
(Feeling - Perceiving attributes of objects such as size, shape, temperature, or texture by
means of receptors in skin: particularly those of finger tips).
Talking, Hearing, Seeing: (Talking - Expressing or exchanging ideas by means of spoken
work). (Hearing - Perceiving nature of sound by ear). (Seeing - The ability to perceive
the nature of objects by the eye).
Page 3 of 4 pages
COMPUTER SYSTEM TECHNICIAN
Environmental Conditions
.Physical Surrounding usually associated with this classification:
The Worker is subject to both environmental Conditions; activities occur inside and
outside in approximately equal amounts.
Machines, Tools. Ea_uipment. and Work Aids which may be representative, but not all
inclusive, of those commonly associated with this type of work:
Computer, typewriter, copier, ledgers, fax machine, telephone, charts, diagrams, pens,
pencilS, calculator, file cabinets, printer, etc.:
Page4 of 4 pages
10.2
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 respectto all provisions contained in this Agreement.
10.3
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.
10.4
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, Flodda.
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
City Attorney
1997 Tow Contract,3\18\97 32
STATE Of FLORIDA
COUNTY Of PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oathS and take
acknowledgments; personally appeared , he/she
executed the foregoing Agreement for the:use and purposes met 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,
at in the State and County aforesaid on this
NOTARY PUBLIC
I have set my hand and official seal
day of 1997.
My Commission Expires:
WP~AGMT$\TOWng Agreement
1997 Tow Contract,3\18\97
33
described in Section 10-52, City of Boynton Beach Code of Ordinances.
Procedure.
1. Tow List.
a. Tow lists can be picked up at the front desk of the the
CITY's Police Department on the 1st, 10th, and 20th day of
each month. All tow lists must be returned to the:front desk
no later than midnight of the last day of the month.
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. Those vehicles or. trailers whose status is nOtr verified will
automatically roll~-over to the next month's tow. list.
d. Each TOW the rotation
system shall supply the name of' and accessible contact
person and that person's phone number to .the Police
Department emPlOyee responsible for the tow list:
Rotation,
a. Wrecker companies shall rotate Code Enforcement tows on
a ,monthly basis.
b. TOW CONTRACTOR is required to nOtify CITY's Code
Enforcement Department and the employee responsible for
the tow list, at least ten (10) days in advance of its month do
undertake Code Enforcement 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
Enforcement Rotation, and may be subject to penalties as
pr. ovided in this Agree,_ment.
TOw. CONTRACTOR s failure to perform Code Enforcement
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.
CITY hereby reserves the right to modify the rotation schedule or
procedure for Code Enforcement tows under this section of the
Agreement in an effort to improve upon the procedure to place code
enforcement tows in the regular rotation 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
of one (1) year from that date. This Agreement shall be automatically renewed
1997 Tow Contract,3\18\97 30
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 INDEPENDENT CONTRACTOR.
10.0
independent.
all
the
TOW
from the
its
and
COl
overtime
ums.
the CITY's employee for
ication of the Fair Labor
Federal Insurance
)loyment Tax Act,
State Workers Compensation
TOW CONTRACTOR. shall
~t of the manner and means of
responsibi hereunder.
and enterprise
has make
utilize a I i level of skill
strued as
obligati by TOW
to.: .unpaid minimum ges and/or
NOTICE.
Whenever any party desires to give notice unto any other party, it must be given
by written notice, sent by certified States mail, with return receipt
requested, addressed to' the party fo 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 written notice in compliance with the
For the the .TOW CONTRACTOR and the
CITY designate the followinc, giving of notice:
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\18\97
31
6,6
ETHICS AND CONDUCT.
TOW CONTRACTOR hereby agrees to conduct operations under this
Agreement ina courteous, orderly, ethical and businesslike manner. As it is
recognized by both parties 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. 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
dis and politely. If it cannot be resolved satisfactorily, the
dis II be reported to the City Manager's Office no later than the
next business day.
7.0
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
Enforcement). An index card system is utilized and maintained by the
CITY'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. 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
1997 Tow Contract,3\18\97 28
the list, thereby forfeiting that rotation.
Thb 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
the Communications
Division u
ThE
event
has failed to
determine,
res
During the
daily basis,
inCidents i that
the
the
;TOR
me to a
shall
the
sona
~roblems or
of the dispatch
to the Tow
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 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, logged as such by
CITY in the manual 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 to be utilized for the
removal of vehicles or trailers deemed to be abandoned or wrecked as
1997 Tow Contract,3\18\97 29
TOW CONTRACTOR has the option to destroy or sell the vehicle or
trailer pursuant to Section 713.78, Florida Statutes.
5.2
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.
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.
All vehicles and trailers towed under the request of the CITY, including
but not limited to the City's Police Department, Code Enforcement
Department, Public Works Department, Fire Department, shall be
governed by this section.
5.3
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.
5.4
1997 Tow Contrac[,3\18\97
NON-DISCRIMINATION
TOW CONTRACTOR hereby agrees and acknowledges that in the performance
of this 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
5.5
5.6
5.7
6.0
6.5
the performance of the terms of this Agreement.
POSTING AND PROVIDING CHARGES OF SERVICES.
1. TOW CONTRACTOR shall prominently post inca conspicuous location at
its storage facilities and on its tow vehicles and wreckers, a list of
shall also be printed
ar or person lawfully in
TOWCONTRACTOR.
TOW CONT~CTOR sh~
posted or, I nor
service that is not del!iniated on
g
amou
unlisted Service.
that exceeds such
any
schedule without
estimate of the
of the unposted or
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
municpal corporation.
NON-ASSIGNABILITY.
The Certificate of Qualification shall not be assigned, sold or transferred in any
manner whatsOever.
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
agrees to do so with no additional charges to CITY, other than
that spe Agreement.
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
5.
6.
7.
-8.
9.
10.
time, date and location of tow;
circumstances requiring tow;
whether or not a "HOLD" was placed on the vehicle by the
Police Department;
time dispatched to scene and time of arrival;
storage facility where vehicle is stored; and
the date, 'time ancl name of employee releasing the vehicle.
In addition to the last weekly report of each month, TOW CONTRACTOR
shall supply CITY's Police Department with 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 De partment.
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.
TOW CONTRACTOR shall maintain
containing the following information:
1.
2.
3.
at its place of business records
a vehicle storage receipt of each vehicle on the premises;
a monthly log of all calls for service by the Police Department;
a notification log indicating 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 each vehicle as required by Section 5.0(A) of this
Agreement.
1997 Tow Contract,3\18\97
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
24
authorized CITY personnel the compounds and storage facilities
required herein.
In order to facil and audits by authorized CITY
TOW CONTRACTOR relative to
services provided under this Agreement shall be kept separate and
TOW
ar
days
audit fi ~;gs.
ACCESS.
make available for inspection
cial records related to
reement, upon five (5)
period of three (3)
If an audit has been initiated
have not been
~ maintained until resolution of
For monitoring purposes, TOW CONTRACTOR shall submit to CITY's
Tow Agreement Monitor on a monthly basis a log sheet detailing each t°w
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
Agreement with TOW CONTRACTOR.
5.1
CODE ENFORCEMENT CASES.
A. When vehicles or trailers are towed from public property, including right-
of-ways, after: the appropriate notificationi 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.
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
1997 Tow Contract,3\18\97 25
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.
RightfUl owners shall be able to retrieve their towed vehicle or trailer from
TC~W CONTRACTOR twenty-four (24) hours a day,~ seven (7) days a
week; including legal holidays, provided the appropriate documentation
has been filed
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.
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.
Fo
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 ;dme the vehicle or trailer is
towed, while the vehicle is stored at TOW CONTRACTOR's storage
1997 Tow Contract,3\18\97 22
4.1
facility, and while TOW CONTRACTOR disposes of junk, abandoned and
nuisance vehicles. TOW CONTRACTOR shall make restitution to owner
for all such losses occurr ng 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 des gnated by a CI~ Police Officer or
of
~n within Palm
~11 Each and every
ity within
I location for at
to CI~
F orida, and shall remair~
4.5
5.0
RADIO COMMUNICATION.
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 necessa~ 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 wriffen 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;
1997 Tow Contract,3\18\97
23
Garage Keeper's Legal Liability Insurance coverage in the
minimum 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.
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 CI~ 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 policy must be
acceptable to CITY's Risk Management~ and
authorized to do business in the State of Florida.
lease six (6) months in duration.
issued by companies
licensed, qualified and
All policies must be at
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.
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.
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.
3.6 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
1997 Tow Contract,3\18\97 20
3.7
storage.
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
that the including retrieval
~icles by' RACTOR are available
and fulfilled. Accordingly, there shall be no "gate fees" charges to CITY or any
3.8
3.9¸
3.10
stored under "lock
and key."
TOW CONTRACTOR shall protect all stored vehicles
or personal property, contained therein from theft
accordance w th all reasonabe police department
directives.
and any evidence
and damage in
instructions and
TOW CONTRACTOR agrees to replace any such article(s) upon
verification of the loss be the designated investigative agency
represent ng the City of Boynton Beach or Palm Beach County.
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.
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.
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.
1997 Tow Contract.3\18\97
21
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 saict writing to the Agreement Administrator.
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:
Within a 12 month period
1. 1 st and 2nd offense
2. 3rd offense
3. 4th offense
4. 5th offense
5. 6th offense and greater
Penalty
No penalty
Certified letter of warning
One (1) week suspension
One (1) month suspension
Termination of Agreement with CITY
and revocation of certificate of
qualification
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\lS\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
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, trucks, and trailers by TOW
CONTRACTOR tOwing a vehicle under the provisions:of this Agreement.
have
le 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 ibe included in the Policy and
the Certificate. --
Do
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
incident and property damage coverage of One Hundred Thousand
($100,000.00) Dollars per incident.
1997 Tow Contract, 3\18\97 19
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:agrainst TOW
CONTRACTOR or its principal~, the City Manager may recommend to the City
Commission revocation of the ertificate of Qualification and termination of this
Agreement with TOW CONTRACTOR, or the City Manager may lift the
st the Certificate of :Qualification to TOW
an adjudication of guilt is entered against TOW
CON le conclusion of atrial or via plea bargaining with the State,
of the
and termination of this Agreement with TOW
2.6
COMMERCIALLY MANUFACTURED EQUIPMENT.
A. E and all equipment owned, leased, or
mortgaged by TOW COl ly manufactured
and shall conform to the requirements set forth herein or be approved by
CITY or its designee.
recovery vehicle, and all equipment utilized by TOW
shall be maintained in good mechanical condition at all
times.
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
1997 Tow Contract,3\18\97
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
]6
2.9
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.
, E!
agrees to the city
of D
the
ag~'ees
]es
said
and
any
3.0
3.1
TWO OR MOR
RECEIVED
If more~ than
the name of his or their
determined by ClTY~
substantial
UNDER r DIFFERENT NAMES
any one proposer, by or in
persons~ and it is
identical, or
ected.
the contract
term has begun, said action shall const tUte grounds for revoCation of the
Certificate of Qualification and termination of this Agreement with TOW
CONTRACTOR.
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 and motor vehicle infraction fines occurring after the
response time limit has expired.
1997 Tow Contract,3\18\97
17
2.5
2.1
2.2
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 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.
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.
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.
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.
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,
such a recommendation shall be considered by the City Commission for CITY.
1997 Tow Contract,3\18\97 14
2.3
2.4
2.5
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
reasonable
considered a material
Qualification, and shall be
~ thereof.
be
rtificate of Qualification
, but 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 off cer, 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
ipurpose 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.
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.
1997 Tow Contract, 3\18\97
15
with a physical plant ha]ving the name of the company and the
mailing address and 24-hlour: phone number clearly painted;
that are accessible to Cl'
days a week; and
that maintains a manned
24 hours per day, 7 days
utilize any phone answ
strictly pr(~hibited under
such services shall const
FY officials at anytime, 24 hours a day, 7
radio communication system at all times,
a week. TOW CONTRACTOR shall not
.~ring services(s), as said services are
he terms of this Agreement, and use of
tute a breach thereof.
OUTSIDE STORAGE
a. Outside storage shall be
removal of junk, tires, ar
shrubbery, bushes, trees
property); and adequate
Outside storage areas m
or a sUbstantial wire fenc
top of such a fence or ,~
open areas shall be equl~
of barbed wire installed ir
over the top of such a fer
maintained in good repai~
Any damage to such w
twenty-four (24) hours of
The area must have a vE
kept and maintained to provide for the
d auto parts; the regular trimming of all
and grass areas (along fence line and on
Irainage to prevent standing water.
~st be protected by an enclosed solid wall
~ not less than six (6) feet in height, the
'all, including all gates, doors, or roofed
~ped with not less than twelve (12) inches
i such a manner as to discourage access
~ce or wall. All fences and walls shall be
throughout the term of this Agreement.
ills or fences shall be repaired within
ts occurrence.~
~icle storage capacity of at least twenty-
five (25) vehicles. This ~tor,a,,ge will,, predominantly be utilized for
accident tows, designated I:iOLD, confiscated, and evidence
vehicles. A secondary slorage area may be located within a ten
(10) mile :radius of the Cily of Boynton Beach, and may be utilized
for Code Enforcement-related tows.
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 ~eet the following specifications:
a working area of 9' X 20' per vehiCle with at least an eight (8') foot
high ceiling;
1997 Tow Contract,3\18\97 12
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,
a. Any
relative to :a cri~
(i.e.
OLD" STORAGE
It of the marked "HOLD"
I be handled with gloves
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 wo~
vehicle
Headquarters,
C
on a crime scene vehicle is required and the
rocessed at the C ty of Boynton Beach Police
vehicle shall be transported to the
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.
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.
City of Boynton Beach Police Department personnel shall be
permitted access to all such vehicles at all times.
2.0 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
1997 Tow Contract,3\18\97 13
10.
11.
12.
13.
14.
15.
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;
One (1) pair of bolt cutters;
One (1) set of jumper cables;
One (1) four-wait lug wrench;
One (1) high-intensity flashlight;
One (1) set of red highway reflectors;
Five (5) thirty minute flares;
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.
To be awarded and to maintain a certificate of qualification, a Class
"A"FB" 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 'W' wreckers, and one (1) Class "B"
wrecker.
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
10
1997 Tow Contract,3\18\97
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 requirementsl
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.
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.
1997 Tow Contract,3\18\97
OFFICE FACILITIES.
maintain office facilities:
a. to include telephone and
containing, for example,
computer, etc.;
1]
It shall be the duty of TOW CONTRACTOR to
restroom facilities, and a work area
a desk, phone, facsimile machine,