R10-137
I
1 RESOLUTION NO. R 10- t S 7
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING THE AWARD OF A THREE YEAR
6 TOWING FRANCHISE RFP #055-2110-10/CJD TO THE
7 TOP TWO RANKED RESPONDENTS FOR TOWING
8 AND STORAGE SERVICES: BECK'S TOWING &
9 RECOVERY, INC., IN THE AMOUNT OF $104,500.00
10 AND ZUCCALA WRECKER SERVICE, INC., IN THE
11 AMOUNT OF $100,075.00 FOR A TOTAL ANNUAL
12 CONTRACT PRICE OF $204,575.00; AUTHORIZING
13 THE CITY MANAGER AN AGREEMENT IN A FORM
14 ACCEPT ABLE TO THE CITY ATTORNEY; AND
15 PROVIDING AN EFFECTIVE DATE.
16
17 WHEREAS, on August 3, 2010 the City received and opened nine responses from
18 tow vendors, all of which were deemed responsive to the bid; and
19 WHEREAS, an evaluation of proposals was conducted and the Tow RFP
20 Committee is recommending the City Commission award a three year contract utilizing
21 Option #2 to the top two respondents which were Beck's Towing & Recovery, Inc., and
22 Zuccala Wrecker Service, Inc; and
2 WHEREAS, the City Commission of the City of Boynton Beach, upon
2 recommendation of staff, deems it to be in the best interests of the residents and citizens of
2 the City of Boynton Beach to approve the award of a three-year tow franchise RFP #055-
2 2110-10/ClD to Beck's Towing & Recovery, Inc., in the amount of $104,500.00 and to
2 Zuccala Wrecker Service, Inc., in the amount of $100,075.00 for a total annual contract
2 price of $204,575.00.
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
31 Section 1. The foregoing "Whereas" clauses are hereby ratitied and confirmed
S:\CA\RESO\Agreements\Reso - Award of RFP - Towing 2010.doc
I
1 as being true and correct and are hereby made a specific part of this Resolution upon
2 adoption.
3 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
4 approves the award of a three-year tow franchise RFP #055-2110-1 OIClD to Beck's Towing
5 & Recovery, Inc., in the amount of $104,500.00 and to Zuccala Wrecker Service, Inc., in
6 the amount of $100,075.00 for a total annual contract price of $204,575.00 and authorizes
7 the City Manager to execute an Agreement for Vehicle Towing in a form acceptable to the
8 City Attorney.
9 Section 3. That this Resolution shall become effective immediately.
tJt;
10 PASSED AND ADOPTED THIS ~ day of September, 2010.
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
,
Yn. ~
lan t M. Prainito, MMC
y Clerk
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The City of Boynton Beach
OFfiCE OF THE CITY MANAGER
100 E Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
City Manager's Office: (561) 742-6010
FAX: (561) 742-6011
e-mail: laverrierel@ci.boynton-beach.fl.us
www.boynton-beach.org
November 23, 2010
Dear Mr. Zuccala:
Enclosed please find your fully executed copy of the City's Towing
Franchise Agreement with Zuccala's Wrecker Service, Inc. I
provided copies of Exhibits A-C to you when you were in this week
to sign the contract. Please attach them to the Franchise
Agreement document.
The Franchise Agreement will commence at 12:01 a.m. on December 15,
2010. Per section 3.1.1 of the Franchise Agreement the first
quarterly payment of $25,018.75 is due on or before December 15,
2010. The City will invoice your company each quarter thereafter.
Also, please be sure to provide the monthly Towing Activity Reports
(due the 15th of each month) as required per Section 2.8.3 of the
Request for Proposal document (Exhibit B to the Franchise
Agreement) .
We look forward to continuing to work with Zuccala's Wrecker
Service, Inc. Happy Holidays!
Sincerely,
X~V~
Lori LaVerriere
Assistant City Manager
C: City Manager
City Attorney
Procurement
The City of Boynton Beach
OFfiCE OF THE CITY MANAGER
100 E Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
City Manager's Office: (561) 742-6010
FAX: (561) 742-6011
e-mail: laverrierel@ci.boynton-beach.fl.us
www.boynton-beach.org
November 23, 2010
Dear Mr. Beck:
Enclosed please find your fully executed copy of the City's Towing
Franchise Agreement with Beck's Towing & Recovery, Inc. I provided
copies of Exhibits A-C to Stephanie when she was in last week to
sign the contract. Please attach them to the Franchise Agreement
document.
The Franchise Agreement will commence at 12:01 a.m. on December 15,
2010. Per section 3.1.1 of the Franchise Agreement the first
quarterly payment of $26,125 is due on or before December 15, 2010.
The City will invoice your company each quarter thereafter.
Also, please be sure to provide the monthly Towing Activity Reports
(due the 15th of each month) as required per Section 2.8.3 of the
Request for Proposal document (Exhibit B to the Franchise
Agreement) .
We look forward to continuing to work with Beck's Towing &
Recovery, Inc. Happy Holidays!
Sincerely,
d~-#/~
Lori LaVerriere
Assistant City Manager
C: City Manager
City Attorney
Procurement
~ ,
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TOWING FRANCHISE AGREEMENT
THIS AGREEMENT, dated the 22nd day of November, 2010 is between:
THE CITY OF BOYNTON BEACH, a municipal corporation, with its principal place of
business arl00 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter
referred to as "CITY",
and
ZUCCALA WRECKER SERVICE, INC., a company authorized to do business in the State
of Florida, with its principal place of business at 633 E. Industrial Avenue, Boynton Beach,
FL 33426, hereinafter referred to as "CONTRACTOR".
WITNE SSETH:
WHEREAS, the City Commission of the City of Boynton Beach, Florida, following a
competitive selection process has awarded Contractor a non-exclusive franchise agreement to
perform towing services in and for the City, subject execution of a written agreement; and
WHEREAS, the establishment of minimum contractual standards of quality and efficiency
for emergency recovery, towing and storage services utilized by law enforcement agencies is in the
public interest; and
WHEREAS, utilization of improper equipment or unqualified operators exposes public
safety personnel and others present at an accident or recovery scene to undue safety hazards, results
in undue damage to vehicles, and causes excessive delays in clearing the highway and securing the
vehicles; and
WHEREAS, the City has determined, based on material representations of the Contractor
as set forth in the Contractor's response to the City's request for proposals, that Contractor can
perform the services in accord with the parameters set forth in the City's Request for Proposals, as
amended.
NOW, THEREFORE, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, CITY and CONTRACTOR hereby agree as follows:
ARTICLE 1
SERVICES AND RESPONSIBILITIES
1.1 GENERAL
1.1.1 The CONTRACTOR, for and in consideration of the agreements of the CITY herein
contained, agrees to remove vehicles from the streets or other property within the CITY, or from
any other location, as directed by authorized representatives of the.
1
1.1.2 The CONTRACTOR agrees that in the performance of this Agreement, it will not
discriminate or permit discrimination in its hiring practices, or in the performance of this
Agreement, against any person on the basis of his or her race, sex, religion, political affiliation or
national origin.
1.1.3 The CONTRACTOR understands that nothing in this Agreement will prevent the
owner or operator of a motor vehicle from calling a wrecker or tow truck of his own choice or
requesting that his or her vehicle be towed to a garage or compound other than that of the
CONTRACTOR.
1.1.4 The CONTRACTOR shall furnish all services, labor, equipment, and materials
necessary and as may be required in the performance of this Agreement, except as otherwise
specifically provided for herein, and all work performed under this Agreement shall be done in a
professional manner.
1.1.5 The CONTRACTOR hereby represents to CITY, with full knowledge that CITY is
relying upon these representations when entering into this Agreement with CONTRACTOR, that
CONTRACTOR has the professional expertise, experience and manpower to perform the services
to be provided by CONTRACTOR pursuant to the terms of this Agreement.
1.1.6 The CONTRACTOR agrees to permit members of the CITY's Police Department or
other authorized CITY personnel to inspect its compound( s), equipment, stored vehicles, personal
property and records, relative to this Agreement, whenever, in the opinion of said representatives of
the CITY, such inspection is deemed reasonably necessary.
1.1.7 All terms and conditions of the City Request for Proposals and all responses by
Contractor are incorporated by reference and shall constitute the material provisions of this
Agreement as though set forth herein. The City's Request for Proposal, as modified by two (2)
Addendum, is attached as Exhibit "A". The Contractor's Proposal is attached as Exhibit "B".
ARTICLE 2
MINIMUM STANDARDS
2.1 THE COMPOUND
2.1.1 The Contractor shall operate, maintain and provide a secured storage facility(s) for
impounded and confiscated vehicles. Storage facility may not be subcontracted. The storage area
must have a durable surface, properly drained and enclosed. No repair work or servicing of
vehicles shall be permitted in the storage area. Inside storage to handle a minimum of 15 vehicles,
properly spaced to provide access for removal or addition of vehicles.
2.1.2 The City desires to have a minimum of 100 vehicle spaces available for outside
storage, properly spaced to provide access for removal or addition of vehicles. Proposers bidding
on the following options must have minimum spaces available at time of proposal as stated below:
2
Option I - Single Provider: Minimum 100 spaces;
Option II -Two Providers: Minimum 50 spaces each;
Option ill - Three Providers: Minimum 35 spaces each.
2.1.3 All indoor storage must be located within City Limits. Contractor shall maintain a
minimum of 15 outdoor storage spaces on site with Office operations which must be located within
the City limits. Location of remainder of outside storage site(s) shall not exceed a distance of 10
miles from any city boundary.
2.1.4 Crime Scene Storage facility for vehicles which have been marked "HOLD" by the
City of Boynton Beach Police Department relative to a crime scene investigation shall be stored at
an inside secured facility within the City limits.
2.1.5 Contractor may operate multiple storage facilities to meet the minimums.
2.1.6 The Contractor shall provide on a 24 hour basis, attendants and sufficient equipment
for immediate response to calls for service at the storage location(s) from the City of Boynton
Beach Police Department or other Departments.
2.1.7 Storage location sites shall not be changed unless prior written approval is received
by the City of Boynton Beach.
2.1.8 Storage location site shall meet or exceed Palm Beach County Towing Ordinance
2010-001 requirements and all applicable City I County zoning requirements.
2.1.9 Proof of Contractor ownership or lease of the storage facility shall be provided to
the City prior to the commencement of the lease and is a condition precedent and ongoing
requirement of the Agreement.
2.2 EQUIPMENT
2.2.1 At a minimum, Contractor shall own or lease four (4) Class "A" TowinglRecovery
Vehicles and two (2) Class "B" TowinglRecovery Vehicles in their fleet at time of RFP opening to
be considered.
2.2.2 Definition of Vehicle Class specifications (A, B, C) shall be per Palm Beach County
Ordinance 2010-001 Palm Beach County Towing Ordinance adopted January 12, 2010
2.2.3 Tow Truck Class Specifications:
Additionally, Contractor shall, within forty-five (45) days of award, prior to execution of
Tow Franchise Agreement and as a condition precedent to engaging in towing activities in the City
own or have under lease or under a joint use agreement the following:
Option I - Single Provider: One (1) Class "C" TowinglRecovery Vehicle and
3
one (1) Class "D" T owinglRecovery Vehicle.
Option II - Two Providers: One (1) Class "D" TowinglRecovery Vehicle
Option ill - Three Providers: One (1) Class "D" TowinglRecoveryVehicle
2.2.4 Additionally, Contractor, at time of RFP shall provide information that Contractor
will have access through sub-contract, lease, or joint use agreement, to one (1) Lowboy with
capabilities to transport all large scale City Trucks (Fire Trucks and Sanitation Trucks) at
approximately 64,000 lbs. The Lowboy shall have: air ride suspension, power winch, pulling
capability 12,000 lbs minimum for dead pull, air brakes with auxiliary air supply and shall be a
minimum 48' long.
2.2.5 All wrecker equipment shall have a current Palm Beach County Towing Operator
Permit and a valid Inspection Approval Decal on the equipment. Equipment listed below shall be
outfitted at all times with equipment designated on Palm Beach County Vehicle Inspection Form.
ARTICLE 3
COMPENSATION AND METHOD OF PAYMENT
3.1.1 The CONTRACTOR shall pay the CITY the sum of $100,075.00 annually for the
privilege of engaging in this Agreement with the CITY. The first payment shall be made on or
before December 15, 2010 and thereafter in quarterly payments each March 15th, June 15th,
September 15th, and December 15th.
3.1.2 The CONTRACTOR shall charge for vehicle towing and/or storage in accordance
with the schedule of rates attached hereto as Exhibit "C": Palm Beach County Towing
Ordinance 2010-001, and made a part hereof by reference.
3.1.3 The CONTRACTOR shall directly bill the vehicle owner/operator for towing and
storage charges.
ARTICLE 4
TERM AND TERMINATION
4.1.1 This is a three (3) year term contract commencing December 15, 2010 and ending
December 14,2013.
4.1.2 This Agreement may be terminated by either party for cause upon thirty (30) days
written notice by the CITY to CONTRACTOR in which event the CONTRACTOR shall be paid
its compensation for services performed through the termination date. In the event that the
CONTRACTOR abandons this Agreement or causes it to be terminated, it shall indemnify the
CITY against any loss pertaining to this termination up to a maximum of the full contracted fee
amount. All finished or unfinished documents, data, studies, plans, surveys, and reports prepared
by CONTRACTOR shall become the property of CITY and shall be delivered by CONTRACTOR
to CITY.
4
4.1.3 Notice of intent to terminate, and the reason(s) therefor, shall be given in writing by
certified mail, return receipt requested or by hand delivery.
4.1.4 Upon the CITY's notification of intent to terminate for cause, the CONTRACTOR
shall have thirty (30) days from receipt of said notice to cure any default, provided, however, that
the CONTRACTOR shall have not more than two (2) opportunities to cure in any calendar year; or
4.1.5 The CITY's Police Department may issue a formal reprimand to the
CONTRACTOR for any act of omission or commission which, in its sole discretion, is deemed to
be a violation of this Agreement. Any number of reprimands shall be grounds for termination of
this Agreement and/or removal of the CONTRACTOR from consideration of renewal of the
Agreement. The precise number and severity of reprimands thereof to be determined in the sole
discretion of the CITY's Police Department.
4.1.6 Upon the completion of this Agreement or termination by either Party, vehicles
marked for confiscation by the CITY's Police Department for use by the CITY's Police Department
in accordance with State Statute, will be towed to the Public Safety Building Compound.
4.1.7 This Agreement may also be terminated by the CITY for convenience upon thirty
(30) days written notice by the CITY to CONTRACTOR. In the event the Agreement is terminated
for convenience, the annual franchise fee shall be prorated.
ARTICLE 5
ADDITIONAL PROVISIONS
5.1.1 NOTICE: Whenever any party desires to give notice unto any other party, it must
be given by written notice, sent by registered United States mail, with return receipt requested, hand
delivery or facsimile transmission with receipt of delivery, addressed to the party for whom it is
intended and the remaining party, at the places last specified, and the places for giving of notice
shall remain such until they shall have been changed by written notice in compliance with the
provisions of this section. For the present, the CONTRACTOR and the CITY designate the
following as the respective places for the giving of notice:
City: Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
Phone: (561) 742-6010
Fax: (561) 742-6011
Copy To: James A. Cherof, City Attorney
Goren, Cherof, Doody, & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
5
Fort Lauderdale, Florida 33308
Phone: (954) 771-4500
Fax: (954) 771-4923
Contractor:
Phone:
Fax:
5.1.2 ASSIGNMENT/AMENDMENTS. This Agreement, or any interest herein, shall
not be assigned, transferred or otherwise encumbered, under any circumstances, by the
CONTRACTOR without the prior written consent of CITY. For purposes of this Agreement, any
change of ownership of CONTRACTOR shall constitute an assignment which requires CITY
approval. However, this Agreement shall run to the CITY and its successors and assigns.
It is further agreed that no modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
5.1.3 NO CONTINGENT FEES. The CONTRACTOR warrants that it has not
employed or retained any company or person, other than a bona fide employee working solely for
the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay
any person, company, corporation, individual or firm, other than a bona fide employee working
solely for CONTRACTOR any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or violation of this
provision, the CITY shall have the right to terminate the Agreement, without liability, at its
discretion and to deduct from the contract price, or otherwise recover the full amount of such fee,
commission, percentage, gift or consideration.
5.1.4 BINDING AUTHORITY. Each person signing this Agreement on behalf of either
party individually warrants that he or she has full legal power to execute this Agreement on behalf
of the party for whom he or she is signing, and to bind and obligate such party with respect to all
provisions contained in this Agreement.
5.1.5 HEADINGS. The headings contained herein are for the convenience of reference
only and shall not be considered for the purpose of interpreting the provisions of this Agreement.
5.1.6 EXHIBITS. Each Exhibit referred to in this Agreement forms an essential part of
this Agreement. The exhibits, even if not physically attached, should be treated as part of this
Agreement and are incorporated herein by reference.
6
5.1.7 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.
5.1.8 GOVERNING LAW. This Agreement shall be governed by the laws of the State
of Florida with venue lying in Palm Beach County, Florida.
5.1.9 LEGAL REPRESENTATION. It is acknowledged that each party to this
agreement had the opportunity to be represented by counsel in the preparation of this Agreement
and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing
same shall not apply herein due to the joint contributions of both parties.
5.1.IOEXTENT OF THE AGREEMENT. This Agreement represents the entire and
integrated agreement between the CITY and the CONTRACTOR and supersedes all prior
negotiations, representations or agreements, either written or oral.
5.1.11 ATTORNEY'S FEES AND COSTS. In connection with any litigation arising out
of or in connection with the Agreement, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
Signature Page Follows
7
CITY
ATTEST: ~ A---
BY:
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C Y CLERK CONTRACTOR
~:~ By:~;JZA
r Print Narnl' L.-14, Z i/- C ( j4. t)d
C)t{//1/ /3t( v
Title:
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STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this ;?c2 day of /lIoJL/lJU..;( , ~
,;ZD/~ by 6}w,Cttvc{. fl/V[){(.h; ZuttWl..'5f Z.ft.C#Lt~ k~t!.Ut~~d ackn~;vl~dged (~he executed
the foregomg Agreement as the proper offiCial 0 1A('(1Hu4 ~'" f.(~~1.: K-. :if,j,~or the use and
purposes mentioned in it and they affixed the official seal of the corporation, and that the
instrument is the act and deed of that corpor~t~ td-f(~
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. 7V{f!' _
tur!'" NotaIfi8~1.~a~s%ft~RIDA
J., ~"""""" Lynn ~v1. Swanson
~ ~ Commission IF DD915552
(Print, Type or Stanjj' . .. Public)
W.
Personally Known OR Produced Identification ~
Type ofldentification Produced ~ LOi/{)!J (Jill "ILl! (, /{!//f/SL
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8
PROPOSAL FORM
RFP 055-2110-10/CJD
Towing and Storage Services
FRANCmSE FEE PROPOSAL FORM
Contractor to propose annual Franchise Fee that will be paid to the City of Boynton Beach for each
annual term contract award period, quarterly payments in advance or each corresponding quarter in
accordance with the terms and conditions and specifications contained in the RFP and resulting
Agreement.
THE UNDERSIGNED Proposer, having familiarized himself with the requirements of the RFP
hereby proposes the following annual Franchise fees:
OPTION #1: SINGLE AWARD: $ 105,000.00
Annual Franchise Fee
OPTION #2: DOUBLE AWARD: $ 100,075.00
Annual Franchise Fee
Signature:
Title: President
Name of Organization / Proposer
Zuccala Wrecker Service Inc.
(As shown on the Acknowledgement of Business Form)
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 47
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
\\ \() - \ ~ ":t-
TOWING FRANCHISE AGREEMENT
THIS AGREEMENT, dated the 1 ih day of November, 2010 is between:
THE CITY OF BOYNTON BEACH, a municipal corporation, with its principal place of
business at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter
referred to as "CITY",
and
BECK'S TOWING & RECOVERY, INC., a company authorized to do business in the
State of Florida, with its principal place of business at 410 N.E. Fifth Avenue, Boynton
Beach, FL 33435, hereinafter referred to as "CONTRACTOR".
WIT N E SSE T H:
WHEREAS, the City Commission of the City of Boynton Beach, Florida, following a
competitive selection process has awarded Contractor a non-exclusive franchise agreement to
perform towing services in and for the City, subject execution of a written agreement; and
WHEREAS, the establishment of minimum contractual standards of quality and efficiency
for emergency recovery, towing and storage services utilized by law enforcement agencies is in the
public interest; and
WHEREAS, utilization of improper equipment or unqualified operators exposes public
safety personnel and others present at an accident or recovery scene to undue safety hazards, results
in undue damage to vehicles, and causes excessive delays in clearing the highway and securing the
vehicles; and
WHEREAS, the City has determined, based on material representations of the Contractor
as set forth in the Contractor's response to the City's request for proposals, that Contractor can
perform the services in accord with the parameters set forth in the City's Request for Proposals, as
amended.
NOW, THEREFORE, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, CITY and CONTRACTOR hereby agree as follows:
ARTICLE 1
SERVICES AND RESPONSIBILITIES
1.1 GENERAL
1.1.1 The CONTRACTOR, for and in consideration of the agreements of the CITY herein
contained, agrees to remove vehicles from the streets or other property within the CITY, or from
any other location, as directed by authorized representatives ofthe.
1
1.1.2 The CONTRACTOR agrees that in the performance of this Agreement, it will not
discriminate or permit discrimination in its hiring practices, or in the performance of this
Agreement, against any person on the basis of his or her race, sex, religion, political affiliation or
national origin.
1.1.3 The CONTRACTOR understands that nothing in this Agreement will prevent the
owner or operator of a motor vehicle from calling a wrecker or tow truck of his own choice or
requesting that his or her vehicle be towed to a garage or compound other than that of the
CONTRACTOR.
1.1.4 The CONTRACTOR shall furnish all services, labor, equipment, and materials
necessary and as may be required in the performance of this Agreement, except as otherwise
specifically provided for herein, and all work performed under this Agreement shall be done in a
professional manner.
1.1.5 The CONTRACTOR hereby represents to CITY, with full knowledge that CITY is
relying upon these representations when entering into this Agreement with CONTRACTOR, that
CONTRACTOR has the professional expertise, experience and manpower to perform the services
to be provided by CONTRACTOR pursuant to the terms ofthis Agreement.
1.1.6 The CONTRACTOR agrees to permit members of the CITY's Police Department or
other authorized CITY personnel to inspect its compound(s), equipment, stored vehicles, personal
property and records, relative to this Agreement, whenever, in the opinion of said representatives of
the CITY, such inspection is deemed reasonably necessary.
1.1.7 All terms and conditions of the City Request for Proposals and all responses by
Contractor are incorporated by reference and shall constitute the material provisions of this
Agreement as though set forth herein. The City's Request for Proposal, as modified by two (2)
Addendum, is attached as Exhibit "A". The Contractor's Proposal is attached as Exhibit "B".
ARTICLE 2
MINIMUM STANDARDS
2.1 THE COMPOUND
2.1.1 The Contractor shall operate, maintain and provide a secured storage facility( s) for
impounded and confiscated vehicles. Storage facility may not be subcontracted. The storage area
must have a durable surface, properly drained and enclosed. No repair work or servicing of
vehicles shall be permitted in the storage area. Inside storage to handle a minimum of 15 vehicles,
properly spaced to provide access for removal or addition of vehicles.
2.1.2 The City desires to have a minimum of 100 vehicle spaces available for outside
storage, properly spaced to provide access for removal or addition of vehicles. Proposers bidding
on the following options must have minimum spaces available at time of proposal as stated below:
2
Option I - Single Provider: Minimum 100 spaces;
Option II -Two Providers: Minimum 50 spaces each;
Option ill - Three Providers: Minimum 35 spaces each.
2.1.3 All indoor storage must be located within City Limits. Contractor shall maintain a
minimum of 15 outdoor storage spaces on site with Office operations which must be located within
the City limits. Location of remainder of outside storage site( s) shall not exceed a distance of 10
miles from any city boundary.
2.1.4 Crime Scene Storage facility for vehicles which have been marked "HOLD" by the
City of Boynton Beach Police Department relative to a crime scene investigation shall be stored at
an inside secured facility within the City limits.
2.1.5 Contractor may operate multiple storage facilities to meet the minimums.
2.1.6 The Contractor shall provide on a 24 hour basis, attendants and sufficient equipment
for immediate response to calls for service at the storage location(s) from the City of Boynton
Beach Police Department or other Departments.
2.1.7 Storage location sites shall not be changed unless prior written approval is received
by the City of Boynton Beach.
2.1.8 Storage location site shall meet or exceed Palm Beach County Towing Ordinance
2010-001 requirements and all applicable City / County zoning requirements.
2.1.9 Proof of Contractor ownership or lease of the storage facility shall be provided to
the City prior to the commencement of the lease and is a condition precedent and ongoing
requirement ofthe Agreement.
2.2 EQUIPMENT
2.2.1 At a minimum, Contractor shall own or lease four (4) Class "A" TowinglRecovery
Vehicles and two (2) Class "B" TowinglRecovery Vehicles in their fleet at time ofRFP opening to
be considered.
2.2.2 Definition of Vehicle Class specifications (A, B, C) shall be per Palm Beach County
Ordinance 2010-001 Palm Beach County Towing Ordinance adopted January 12, 2010.
2.2.3 Tow Truck Class Specifications:
Additionally, Contractor shall, within forty-five (45) days of award, prior to execution of
Tow Franchise Agreement and as a condition precedent to engaging in towing activities in the City
own or have under lease or under a joint use agreement the following:
Option I - Single Provider: One (1) Class "C" T owinglRecovery Vehicle and
3
one (1) Class "D" TowinglRecovery Vehicle.
Option II - Two Providers: One (1) Class "D" TowinglRecovery Vehicle
Option ill - Three Providers: One (1) Class "D" T owinglRecovery Vehicle
2.2.4 Additionally, Contractor, at time of RFP shall provide information that Contractor
will have access through sub-contract, lease, or joint use agreement, to one (1) Lowboy with
capabilities to transport all large scale City Trucks (Fire Trucks and Sanitation Trucks) at
approximately 64,000 lbs. The Lowboy shall have: air ride suspension, power winch, pulling
capability 12,000 lbs minimum for dead pull, air brakes with auxiliary air supply and shall be a
minimum 48' long.
2.2.5 All wrecker equipment shall have a current Palm Beach County Towing Operator
Permit and a valid Inspection Approval Decal on the equipment. Equipment listed below shall be
outfitted at all times with equipment designated on Palm Beach County Vehicle Inspection Form.
ARTICLE 3
COMPENSATION AND METHOD OF PAYMENT
3.1.1 The CONTRACTOR shall pay the CITY the sum of $104,500.00 annually for the
privilege of engaging in this Agreement with the CITY. The first payment shall be made on or
before December 15, 2010 and thereafter in quarterly payments each March 15th, June 15th,
September 15th, and December 15th.
3.1.2 The CONTRACTOR shall charge for vehicle towing and/or storage in accordance
with the schedule of rates attached hereto as Exhibit "C": Palm Beach County Towing
Ordinance 2010-001, and made a part hereof by reference.
3.1.3 The CONTRACTOR shall directly bill the vehicle owner/operator for towing and
storage charges.
ARTICLE 4
TERM AND TERMINATION
4.1.1 This is a three (3) year term contract commencing December 15, 2010 and ending
December 14,2013.
4.1.2 This Agreement may be terminated by either party for cause upon thirty (30) days
written notice by the CITY to CONTRACTOR in which event the CONTRACTOR shall be paid
its compensation for services performed through the termination date. In the event that the
CONTRACTOR abandons this Agreement or causes it to be terminated, it shall indemnify the
CITY against any loss pertaining to this termination up to a maximum of the full contracted fee
amount. All finished or unfinished documents, data, studies, plans, surveys, and reports prepared
by CONTRACTOR shall become the property of CITY and shall be delivered by CONTRACTOR
to CITY.
4
4.1.3 Notice of intent to terminate, and the reason(s) therefor, shall be given in writing by
certified mail, return receipt requested or by hand delivery.
4.1.4 Upon the CITY's notification of intent to terminate for cause, the CONTRACTOR
shall have thirty (30) days from receipt of said notice to cure any default, provided, however, that
the CONTRACTOR shall have not more than two (2) opportunities to cure in any calendar year; or
4.1.5 The CITY's Police Department may Issue a formal reprimand to the
CONTRACTOR for any act of omission or commission which, in its sole discretion, is deemed to
be a violation of this Agreement. Any number of reprimands shall be grounds for termination of
this Agreement and/or removal of the CONTRACTOR from consideration of renewal of the
Agreement. The precise number and severity of reprimands thereof to be determined in the sole
discretion of the CITY's Police Department.
4.1.6 Upon the completion of this Agreement or termination by either Party, vehicles
marked for confiscation by the CITY's Police Department for use by the CITY's Police Department
in accordance with State Statute, will be towed to the Public Safety Building Compound.
4.1.7 This Agreement may also be terminated by the CITY for convenience upon thirty
(30) days written notice by the CITY to CONTRACTOR. In the event the Agreement is terminated
for convenience, the annual franchise fee shall be prorated.
ARTICLE 5
ADDITIONAL PROVISIONS
5.1.1 NOTICE: Whenever any party desires to give notice unto any other party, it must
be given by written notice, sent by registered United States mail, with return receipt requested, hand
delivery or facsimile transmission with receipt of delivery, addressed to the party for whom it is
intended and the remaining party, at the places last specified, and the places for giving of notice
shall remain such until they shall have been changed by written notice in compliance with the
provisions of this section. For the present, the CONTRACTOR and the CITY designate the
following as the respective places for the giving of notice:
City: Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
Phone: (561) 742-6010
Fax: (561) 742-6011
Copy To: J ames A. Cherof, City Attorney
Goren, Cherof, Doody, & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
5
Fort Lauderdale, Florida 33308
Phone: (954) 771-4500
Fax: (954) 771-4923
Contractor:
5.1.2 ASSIGNMENT/AMENDMENTS. This Agreement, or any interest herein, shall
not be assigned, transferred or otherwise encumbered, under any circumstances, by the
CONTRACTOR without the prior written consent of CITY. For purposes of this Agreement, any
change of ownership of CONTRACTOR shall constitute an assignment which requires CITY
approval. However, this Agreement shall run to the CITY and its successors and assigns.
It is further agreed that no modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
5.1.3 NO CONTINGENT FEES. The CONTRACTOR warrants that it has not
employed or retained any company or person, other than a bona fide employee working solely for
the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay
any person, company, corporation, individual or firm, other than a bona fide employee working
solely for CONTRACTOR any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or violation of this
provision, the CITY shall have the right to terminate the Agreement, without liability, at its
discretion and to deduct from the contract price, or otherwise recover the full amount of such fee,
commission, percentage, gift or consideration.
5.1.4 BINDING AUTHORITY. Each person signing this Agreement on behalf of either
party individually warrants that he or she has full legal power to execute this Agreement on behalf
of the party for whom he or she is signing, and to bind and obligate such party with respect to all
provisions contained in this Agreement.
5.1.5 HEADINGS. The headings contained herein are for the convenience of reference
only and shall not be considered for the purpose of interpreting the provisions of this Agreement.
5.1.6 EXHIBITS. Each Exhibit referred to in this Agreement forms an essential part of
this Agreement. The exhibits, even if not physically attached, should be treated as part of this
Agreement and are incorporated herein by reference.
6
5.1.7 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.
5.1.8 GOVERNING LAW. This Agreement shall be governed by the laws of the
State of Florida with venue lying in Palm Beach County, Florida.
5.1.9 LEGAL REPRESENTATION. It is acknowledged that each party to this
agreement had the opportunity to be represented by counsel in the preparation of this Agreement
and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing
same shall not apply herein due to the joint contributions of both parties.
5.1.10 EXTENT OF THE AGREEMENT. This Agreement represents the entire and
integrated agreement between the CITY and the CONTRACTOR and supersedes all prior
negotiations, representations or agreements, either written or oral.
5.1.11 ATTORNEY'S FEES AND COSTS. In connection with any litigation arising out
of or in connection with the Agreement, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
Signature Page Follows
7
CITY
ATTEST:
BY: ./ ------- r
~m.a .;:
C Y CLERK
APPROVED A
C
~~SSES%
,.~ ~. ~''-L
;;;t~-m
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this ~ day of .AJ':.Je/l'j h r!'t<t. , 2010
_ by.s '0"f;HNi,; :s1A46- of ~'/t1//t..tV fJeA-....ff rL and acknowledged (s)he executed
the foregoing Agreement as the proper official of A~~k ~ (Ow. JV'<) , for the use and
purposes mentioned in it and they affixed the official seal of the corporation, and that the
instrument is the act and deed ofthat corporation.
~ tA.J~
(Signature of Notary Public - State of Florida)
N~J~; PUBLIC-STATE OF FLORIDA
(Print, Type or Stamp COmmissit~_~91
............ ExpIres: JAN.31 201"
BONDED THRU ^TLANTTC BONDL'iG ~o, 1: .
Personally Known OR Produced Identification l/"'"
Type of Identification Produced ;JR I v F- ~" 1-1 C. If: N:. ~
8
RESOLUTIONS ADOPTED BY INCORPORATOR
OF
Beck's Towing & Recovery Inc
The undersigned Steven Beck ,
being the sole incorporator of Beck's Towing & Recovery Inc
(the "Corporation"), hereby adopts the following resolutions:
RESOLVED, that the President of Beck's Towing & Recovery Inc
hereby authorize and empower the undersigned to sign and enter into a
contract with the City Of Boynton Beach in the name of and on behalf of
this Corporation, with the terms and conditions previously agreed upon by
the President of this Corporation.
Resolved, that this authority is valid from Thursday November 11 th,
2010 through Thursday November, 25th 2010.
RESOLVED, that Stephanie Stante , having an address at 317 SW 11th
A venue. Boynton Beach. Florida .hereby is appointed as the statutory agent for the
Corporation for the signing of the above contract.
Dated:.;l/O V II ,dolO
-
President: Steven Beck -
Agent: Stephanie Stante
(' A"
PROPOSAL FORM
)
RFP 055-2110-10/CJD
Towing and Storage Services
FRANCmSE FEE PROPOSAL FORM
Contractor to propose annual Franchise Fee that will be paid to the City of Boynton Beach for each
annual term contract award period, quarterly payments in advance or each corresponding quarter in
accordance with the terms and conditions and specifications contained in the RFP and resulting
Agreement.
THE UNDERSIGNED Proposer, having familiarized himself with the requirements of the RFP
hereby proposes the following annual Franchise fees:
OPTION #1: SINGLE AWARD: $ dd~.~OO.O()
Annual Franchise Fee
OPTION #2: DOUBLE AWARD: $ 10 'I, 500. 00
Annual Franchise Fee
OPTION #3: TRIPLE AWARD: $ 3 S' 000 c dO
) SiW1'ture: / t If~~/ Annual Franchise Fee
Title: ~~S' )O~~ r
f
Name 0 Organizatio~oser E € Co J?:.IZ'I +,vC
E k r '/tDeJIN(;
(As shown on the Aclmowledgement of Business Form) , '
. .
)
TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 47
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
I( ~ I
{)
The City of
Boynton Beach
Procurement Services
100 E. Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, FI 33425-0310
Telephone: (561) 742-6310
FAX: (561) 742-6316
REQUEST FOR PROPOSAL INVITATION
FROM TOWING CONTRACTORS
FOR
A THREE (3) YEAR AGREEMENT FOR
TOWING AND STORAGE SERVICES FOR THE CITY OF BOYNTON BEACH
RFP # 055-2110-10/CJD1
Sealed RFPs will be received in Procurement Services, City of Boynton Beach, 100 E. Boynton
Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or by:
AUGUST 3. 2010. No Later Than 2:30 P.M. (Local Time).
RFPs received after the assigned date and time will not be considered. The Procurement Services
time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not
responsible for the U.S. Mail or private couriers with regard to mail being delivered by a
specified time so that an RFP can be considered. If no award has been made, the City reserves the
right to consider RFPs that have been determined by the City to be received late due to
mishandling by the City after receipt of the RFP.
Any questions relative to any item(s) or portion of this RFP should be directed to Carol Doppler,
CPPB, (561) 742-6323 or email at dopplerc@bbfl.us
A MANDATORY Pre-Proposal Conference is scheduled for JUNE 24. 2010 at 10:00 A.M.
Oocal time). to be held in the Commission Chambers, 100 E. Boynton Beach Blvd., Boynton
Beach, Florida. Proof of attendance for the Mandatory Pre-Proposal Conference will be indicated
by the Proposer's signature or their appointee on the attendance sheet provided at the Pre-Proposal
Conference.
I This version includes changes to reflect Addendums 1 and 2.
The City of
Boynton Beach
Procurement Services
100 E. Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, FI 33425-03 I ()
Telephone: (561) 742-6310
FAX: (561) 742-6316
Sealed RFPs or proposals received by the City in response to an invitation to RFP are exempt
from public records disclosure requirements until the City provides a notice of decision or ten
(10) days after the opening of the proposallRFP, If the City rejects all RFPs or proposals
submitted in response to an invitation to RFP or request for proposals and the City concurrently
provides notice of its intent to reissue the invitation to RFP or request for proposals, the rejected
RFPs or proposals remain exempt from public records disclosure until such time as the City
provides notice of a decision or intended decision concerning the reissued invitation to RFP or
request for proposals or until the City withdraws the reissued invitation to RFP or request for
proposals. Requests for RFP or proposal documents should be submitted to the City Clerk's
office. Documents may be inspected without charge, but a charge will be incurred to obtain
copIes.
After a deadline to submit a proposal, a RFP, or other response to a competitive solicitation, City
Staff Members and Members of the City Commission are prohibited from communicating
directly or indirectly with Respondents, regarding the substance of the RFP or proposals until
such time as the City Commission (1) awards or approves a contract; (2) rejects all RFPs or
responses; or (3) otherwise takes action which ends the solicitation process. Improper
communications during this "cone of silence" period can result in penalties to a Respondent as
set forth in City Code Section 2-236.
SCOPE OF SERVICES: The City of Boynton Beach is seeking qualified towing contractors to
provide complete towing and storage services for a period of: (3) three years in accordance with
the terms, conditions, specifications and Franchise Agreement.
ATTENTION ALL INTERESTED RESPONDENTS:
Due to the expense of mailing, complete sets of specifications are available for pick-up or will be
mailed to your office upon request.
Contact: CITY OF BOYNTON BEACH PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
(561) 742-6323 - Carol Doppler, CPPB
Office Hours: MONDAY - THURSDAY, 8:00 A.M. TO 6:00 P.M.
TABLE OF CONTENTS
RFP NO. 055-2110-10/CJD
PART I GENERAL INFORMATION PAGES 1 - S
PART II MINIMUM ELIGIBIL TV REQUIREMENTS/QUALIF. PAGES 6-7
PART III SCOPE OF SERVICES PAGES 8-19
INSURANCE ADVISORY FORM (Attachment "A") PAGE 20
PART IV FRANCHISE FEE AND AGREEMENT PAGE 21
PARTV. EVALUATION METHOD AND CRITERIA PAGES 22-24
P ART VI INSTRUCTIONS FOR PREPARING PROPOSALS PAGES 25-26
PART VII PROPOSAL INFORMA nON AND FORMS PAGES 27-56
PART VIII GENERAL CONDITIONS PAGES 57-63
GENERAL INFORMATION
PART I
RFP NO. 055-2110-10/CJD
Towing and Storage Services
1-1 DEFINITIONS
For the purposes of this Request for Proposal, "proposer" shall mean contractors, consultants,
proposers, organizations, firms, or other persons submitting a response to this Request for Proposal.
Vehic1e means any mobile item which normally uses wheels, whether motorized or not. Vessel
means every description of watercraft, barge, and airboat used or capable of being used as a means
of transportation on water. Throughout the document, reference to Vehicle shall also refer to
vessel.
Reference to Palm Beach County Towing Ordinance 2010-001 shall mean the most current towing
Ordinance in effect.
1-2 INVITATION TO PROPOSE
The City of Boynton Beach is requesting proposals from firms qualified to provide the City of
Boynton Beach Towing and Storage Services in accordance with the terms, conditions,
specifications and Franchise Agreement.
This Request for Proposals (RFP) provides guidelines for the submission of proposals in response
to Towing and Storage Services.
The City of Boynton Beach will require the awarded contractor to enter into a Franchise Agreement
with the City. The City reserves the right to make multiple awards.
Proposers shall meet the minimum qualification requirements identified herein for their proposal to
be considered for evaluation.
1
1-3 MANDA TORY PRE-BID CONFERENCE
All interested parties shall attend a pre-proposal conference on JUNE 24. 2010 at 10:00 A.M.
LOCAL TIME located in the Commission Chambers, 100 E. Boynton Beach Blvd., Boynton
Beach, Florida. Vendors are urged to be prompt and be familiarized with the RFP document. At
this time, the City's representative(s) will be available to answer questions relative to this RFP.
Attendees will be required to follow visitor security access procedures for entry into City Hall.
Oral explanation given at this meeting will not be binding, as changes will only be handled by
Addendum as further detailed in item 1-5.
1-4 PROPOSAL SUBMISSION AND WITHDRAWAL
THE CITY MUST RECENE ALL PROPOSALS PRIOR TO THE CLOSING DATE AND TIME
OF AUGUST 3.2010 NO LATER THAN 2:30 P.M..
To facilitate processing please mark the outside of the envelope as follows: RFP No. 055-2110-
10/CJD, Towing and Storage Services. The envelope shall also include the proposer's return
address.
Proposers shall submit (1) original and (5) copies for a total of (6) sets of the proposal in a sealed,
envelope marked as noted above. A proposer shall submit the proposal by person to City Hall or by
mail.
The City of Boynton Beach shall not be held responsible for the content of RFP packages
obtained from any third party source nor will the City be responsible for providing addenda
to potential proposers who receive a RFP package from other sources than the City of
Boynton Beach, Purchasing Division.
The proposals shall be hand delivered:
CITY OF BOYNTON BEACH
Purchasing Division/City Hall
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
Electronic submittals will not be accepted for this RFP.
2
Proposers must follow the City of Boynton Beach visitor security access procedures when
hand delivering their proposal. Proposers should allow at least 30 minutes to follow visitor
procedures listed below.
1. Enter building through the front entrance door (City Hall Building)
2. RFP will be received and time stamped for official date/time.
Any proposal received by the City of Boynton Beach after the established deadline will be returned
unopened to the proposer. Proposers may withdraw their proposals by notifying the CITY in
writing at any time prior to the deadline for proposal submittal. After the deadline, proposals once
opened, will not be returned to proposers. Proposals are subject to public disclosure consistent with
Chapter 119, Florida Statutes.
1-5 ADDENDA
The issuance of an addendum(s) is the only official method whereby interpretation, clarification,
changes or additional information may be provided by the City. It shall be the responsibility of
each proposer, during and prior to RFP submittal to contact the Purchasing Division at 561-
742-6323 to determine if addendums were issued and to obtain such addendums from the
Purchasing Division Online bidding web site www.demandstar.com.
All addenda issued by the City will include a receipt form, which must be signed and included with
any proposals that are submitted to the City. In the event multiple addenda are issued, a separate
receipt for each addendum must be included with the proposal at the time it is submitted to the City.
1-6 CONTRACT AWARDS
The City anticipates entering into a contract with the proposer(s) who submits the proposal judged
by the City to be most advantageous. The City reserves the right to make multiple awards.
The proposer understands that this RFP does not constitute an offer or a contract with the CITY. A
contract shall not be deemed to exist and is not binding until proposals are reviewed and accepted
by appointed staff, the best proposal has been identified, negotiations with the Proposer have been
authorized by the appropriate level of authority within the City, an Agreement has been executed by
parties and approved by the appropriate level of authority within the City.
In the event the parties are unable to negotiate terms acceptable to the City, the City may determine
to negotiate the offer of the next most responsive and responsible Proposer determined by the
selection committee, or it may re-solicit proposals.
The City reserves the right to reject all proposals, to waive non-material errors in the proposal,
to abandon the project and to solicit and re-advertise for other proposals.
3
1-7 DEVELOPMENT COSTS
Neither the City nor its representatives shall be liable for any expenses incurred in connection with
preparation of a response to this RFP. Proposers should prepare their proposals simply and
economically, providing a straightforward and concise description of the proposer's ability to meet
the requirements of the RFP.
1-8 INQUIRIES
Interested proposers may submit written inquiries to the City's Purchasing Agent, Carol Doppler
regarding questions about the proposal at the Purchasing Division, City Hall, 100 E. Boynton Beach
Blvd., Boynton Beach, Florida 33425 Telephone (561) 742-6323 or by facsimile, (561) 742-6316.
The Purchasing Division will also receive written requests for clarification concerning the meaning
or interpretations of this RFP, until seven (7) days prior to the submittal date. Request to be e-
mailed to Carol Doppler at dopplerc@bbfl.us with reference to the RFP number.
The City may record its responses to inquiries and any supplemental instructions in the form of
written addenda. The City may e-mail notification of written addenda before the date fixed for
receiving the proposals. Proposers shall contact the City to ascertain whether any addenda have
been issued. Failure to do so could result in an unresponsive proposal. Any oral explanation given
before the RFP opening will not be binding upon the City and should be disregarded.
All proposers are expected to carefully examine the proposal documents. Any ambiguities or
inconsistencies should be brought to the attention of the City through written communication with
the City prior to the opening of the proposals per the deadline dates identified above.
1-9 SELECTION PROCESS
Evaluation of proposals will be conducted by an evaluation committee of City staff as further
outlined in Part V of the RFP.
The committee may utilize a subcommittee to perform site visits to confirm / clarify description
of storage facility (s), office location and equipment list. City committee shall be authorized to
take photographs.
The best qualified, responsive, responsible proposer(s) resulting from this process will be
recommended for award and negotiations with the proposer(s) will be conducted with
representatives from the City. A ward recommendation will be presented to City Commission for
approval as a Franchise Agreement.
Respondents will be ranked in order as determined by the selection committee of being best
qualified based on the considerations listed in the evaluation criteria. A ward sequence will be
based on the established ranking.
4
1-10 NEWS RELEASES
The proposer shall obtain the prior approval of the City Manager's Office of all news releases or
other publicity pertaining to this RFP or the service, study or project to which it relates generated by
the proposer or its agents.
1-11 POLITICAL CAMPAIGNS
During the term of this Agreement, the Consultant or any employee or associate, shall not be
involved in any political campaign for City elective office nor make financial contribution to any
such campaign.
s
MINIMUM ELIGIBILITY REQUIREMENTS I QUALIFICATIONS
PART II
RFP NO. 055-2110-10/CJD
Towing and Storage Services
1.0 Minimum Eligibility Requirements / Qualifications for Performing the Scope of Work
Contractor shall meet or exceed the requirements identified herein in order to be considered
for evaluation by the City of Boynton Beach. Failure to meet any of the requirements will
result in the RFP response being considered non-responsive and will not be considered.
Contractor is responsible for meeting the minimum eligibility requirements during the entire
term of the contract.
Contractor shall operate and maintain a business office and appropriate City of Boynton
Beach Business Tax License within the City limits.
2.0 Minimum Equipment Eligibility
At a minimum, Contractor shall own or lease four (4) Class "A" Towing/Recovery Vehicles
and two (2) Class "B" Towing/Recovery Vehicles in their fleet at time ofRFP opening to be
considered.
Definition of Vehicle Class specifications (A, B, C) shall be per Palm Beach County
Ordinance 2010-001 Palm Beach County Towing Ordinance adopted January 12,2010
Section 3, Tow Truck Class Specifications:
Additionally, Contractor shall, within forty-five (45) days of award, prior to execution of
Tow Franchise Agreement and as a condition precedent to engaging in towing activities
in the City own or have under lease or under a joint use agreement the following:
Option I - Single Provider: One (1) Class "c" Towing/Recovery Vehicle and
one ( 1) Class "D" Towing/Recovery Vehicle.
Option II - Two Providers: One ( 1) Class "D" Towing/Recovery Vehicle
Option III - Three Providers: One (1) Class "D" Towing/Recovery Vehicle
Additionally, Contractor, at time of RFP shall provide information that Contractor will
have access through sub-contract, lease, or joint use agreement, to one (1) Lowboy with
capabilities to transport all large scale City Trucks (Fire Trucks and Sanitation Trucks) at
approximately 64,000 Ibs. The Lowboy shall have: air ride suspension, power winch,
pulling capability 12,000 Ibs minimum for dead pull, air brakes with auxiliary air supply
and shall be a minimum 48' long.
6
All wrecker equipment shall have a current Palm Beach County Towing Operator Permit
and a valid Inspection Approval Decal on the equipment. Equipment listed below shall
be outfitted at all times with equipment designated on Palm Beach County Vehicle
Inspection Form.
3.0 Minimum Storage Eligibility
The Contractor shall operate, maintain and provide a secured storage facility(s) for
impounded and confiscated vehicles. Storage facility may not be subcontracted. The
storage area must have a durable surface, properly drained and enclosed. No repair work
or servicing of vehicles shall be permitted in the storage area. Inside storage to handle a
minimum of 15 vehicles, properly spaced to provide access for removal or addition of
vehicles.
The City desires to have a minimum of 100 vehicle spaces available for outside storage,
properly spaced to provide access for removal or addition of vehicles. Proposers bidding
on the following options must have minimum spaces available at time of proposal as
stated below:
Option I - Single Provider: Minimum 100 spaces;
Option II -Two Providers: Minimum 50 spaces each;
Option III - Three Providers: Minimum 35 spaces each.
All indoor storage must be located within City Limits. Contractor shall maintain a
minimum of 15 outdoor storage spaces on site with Office operations which must be
located within the City limits. Location of remainder of outside storage site(s) shall not
exceed a distance of 10 miles from any city boundary.
Crime Scene Storage facility for vehicles which have been marked "HOLD" by the City
of Boynton Beach Police Department relative to a crime scene investigation shall be
stored at an inside secured facility within the City limits.
Contractor may operate multiple storage facilities to meet the minimums.
The Contractor shall provide on a 24 hour basis, attendants and sufficient equipment for
immediate response to calls for service at the storage location(s) from the City of Boynton
Beach Police Department or other Departments.
Storage location sites shall not be changed unless prior written approval is received by the
City of Boynton Beach.
Storage location site shall meet or exceed Palm Beach County Towing Ordinance 2010-
001 requirements and all applicable City / County zoning requirements.
7
4.0 Communication Standard
The Contractor shall have a 24 hour telephone number answered by an individual
employed by the Contractor (no phone service or other similar sub-contracted services)
that has the ability to dispatch a tow truck and towing services. Contractors call
taker/dispatcher shall have access to two way radio communication from the Contractor's
base station to their service trucks. Telephone number shall be answered at either the
Office Facility or a Storage location for onsite dispatching between the hours of 8 A.M.
and 6 P.M., Monday-Friday. No forwarding of numbers or use of call forwarding to cell
phones is allowed during the above stated hours. Afterhours, weekends and holiday calls
shall be handled in accordance with County Tow Ordinance 2010-001. adopted January
12,2010.
5.0 Experience Minimum
Contractor must be regularly engaged in the towing business and shall have operated
under the name used for this submittal a minimum of one year and shall have obtained an
operating Permit from Palm Beach County for a minimum of one year. One year time
frame shall be calculated from RFP closing date.
Proposer should be primarily engaged in towing services. Business interests in
automotive/truck repairs, paint and body, salvage, junkyard, or recycling business must be
disclosed.
8
SCOPE OF SERVICES
PART III
RFP NO. 055-2110-10/CJD
Towing and Storage Services
1.0 Scope of Work
The Contractor will supply the City of Boynton Beach priority towing services. The
Contractor will be required to enter into a Franchise Agreement with the City. Contractor
should be primarily engaged in towing services. Business interests in automotive/truck
repairs, paint and body, salvage, junkyard, or recycling business must be disclosed.
1.1 Towing Services
The Contractor will provide twenty-four (24) hour towing services, 365 days per year.
1.1.1 Towing - Police Directed for vehicles / vessels incapacitated as a result of an
accident or involved in a crime and the owner cannot or will not secure the services of
his/her own towing service.
The Contractor will be given first call for all wrecker services requested by the City unless a
motorist makes a specific request for another wrecker. The City reserves the right to request
another wrecker service in an emergency situation or allow the Contractor to subcontract if
required. The Contractor shall charge for the tow and/or storage of any vehicle directly to
the owner or operator thereof, and not to the City, in accordance with the most current Palm
Beach County Rate Schedule as approved by Palm Beach County Ordinance. Vehicles
towed and! or stored under the provisions of this contract shall only be taken to the approved
storage location or to a location approved by the owner for a non "Hold" vehicle. Towing,
paperwork processing and use of the most recent Palm Beach County Towing Ordinance
Storage Fees are set forth herein.
1.1.2 Towing - City directed for City vehicles / vessels
The Contractor shall tow any City vehicle in need of a tow.
Towing of City vehicles/vessels within Palm Beach County shall be at no charge to the
City. Towing City vehicles/vessels outside Palm Beach County shall be in accordance with
mileage schedule provided in Palm Beach County Tow Ordinance 2010-001. The
Contractor shall provide free roadside service for all Class "A" and Class "B" City fleet
vehicles/vessels.
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1.2 Storage Services
1.2.1 Storage - Police Directed Tow, Contractor Performs the Tow
Contractor shall provide secured inside and secured outside storage facilities and charges
for the storage and processing of the impound shall be in accordance with Palm Beach
County Towing Ordinance 2010-00 I .
1.2.2 Storage - City directed for City vehicles / vessels
Storage of City vehicles shall be at no charge to the City.
1.2.3 Storage - City directed for vehicles / vessels confiscated by the Police or Fire ~
Rescue Department
Storage of confiscated vehicles / vessels shall be at no charge to the City. The City reserves
the right to require inside or outside storage.
2.0 Technical Specifications / Service Requirements
2.1 Adherence to Palm Beach County Operating Permit Regulations.
The Contractor shall adhere to the Palm Beach County Operating Permit Regulations as
defined in the most current Palm Beach County Towing Ordinance. As of date of RFP
publication, Towing Ordinance 2010-001 shall apply.
Except as otherwise noted, all provisions of the Palm Beach County Ordinance # 2010-
001 shall apply.
In the event of conflict between the City of Boynton Beach RFP and the Palm Beach
County Towing Ordinance, the City of Boynton Beach requirement shall prevail.
2.2 Towing Rates and Storage Rates
Rates that may be charged by the Contractor for Towing and or Storage shall be in
accordance with the Palm Beach County Towing Ordinance 2010-001. No other separate
rates or fees may be charged. Charges may only be charged for services as detailed in the
Scope of Work, Item 1.0.
No towing service mileage charges shall be imposed on vehicle owners to transport
vehicles from one storage facility to another approved storage facility. The use of a
multiple approved storage facilities is for the convenience of the Contractor.
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2.3 Response Time
The Contractor shall respond within thirty (30) minutes with appropriate towing
equipment to handle a towing call requested by any authorized representative of the City.
The Contractor assumes all liability in meeting the required response time including, but
not limited to, all damages resulting from traffic accidents and motor vehicle infraction
fines. The City will conduct periodic reviews of response time to verify that the
Contractor is in compliance.
The following late fees shall apply to the Contractor, for failure to respond within the
thirty (30) minute time frame during each contract year:
A. Third Offense: A certified letter of warning.
B. Fourth Offense: $250.00 late fee.
C. Fifth Offense: $350.00 late fee or suspension, at the City's option.
D. Any further Offense: $500.00 late fee, or termination, at the City's option.
If the Contractor can show extenuating circumstances beyond their control, Contractor
may appeal a fine or suspension and submit to the City Manager clearly detailing
extenuating circumstances beyond their control - i.e. hurricane debris, weather
conditions, railroad crossing closed. Written appeal shall be submitted to the City within
5 days of offense letter from the City.
2.4 Service Call Cancellation
The City reserves the right to cancel a request for services of the Contractor at any time,
including up to the time of hook-up. The Contractor shall agree that the mere response to
a service call scene without other action does not constitute a service call for which
charges are applicable. Charges shall be as detailed in item 2.2.
2.5 Site Clean-up
The Contractor when towing vehicle(s) from the scene of an accident, will be responsible
for removing from the street all broken glass and other non hazardous matter cleanup that
may be in the street as a result of the accident. The cost of such normal accident cleanup
shall be included in the basic towing rate and no separate charge made to the City or
vehicle owner. In the event the accident creates a major oil or fuel spill, or other unusual
circumstance that requires additional Contractor staff or equipment, the cost of such staff
or equipment shall be charged to the vehicle owner as complications. However, the
owner of the vehicle may be charged according to rate schedules included in this
agreement for clean-up of hazardous wastes, chemicals, construction debris and spilled
loads. The Contractor will remove from the site, any hazardous debris, spilled petroleum
products, or volatile items, unless conditions warrant that the City Fire Department render
assistance, as determined by hazardous materials response team. (Usually 10-15 Gallons
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of material.) All items shall be removed and disposed of in compliance with D.~.P
guidelines and amendments thereof.
2.6 Office Facility
a. Office facility must be located within City limits. A current Business Tax License
must be maintained for office facility annually. Office Facility shall be ADA
accessible in accordance with Federal ADA guidelines and laws.
b. Includes telephone, fax machine and ability to communicate with the City through
email. Area to have a workspace.
c. Twenty four hour communication system staff as required in Part II, Item 4.0
Communication Standard minimum eligibility requirements/qualifications.
d. Maintain records for vehicle storage receipts for each vehicle impounded under
the contract.
e. Maintains copy of all paid invoices.
f. Maintains log of calls for service.
g. Maintains a notification log indicating date, time and method of notification.
h. Maintains a log containing all vehicles which have remained unclaimed for thirty
days or more as a result of a City directed tow.
2.7 Designated Storage Location for Crime Scene "HOLD" vehicles
City of Boynton Beach Police may designate vehicles to be placed on "HOLD". All
"HOLD" vehicles shall be stored at Contractor's secured storage facility.
Any vehicle towed and stored as a result of the marked "HOLD" relative to a crime scene
investigation shall be handled with rubber gloves, by the wrecker operator.
Crime scene vehicles shall be stored to prevent physical contamination or degradable
evidence from deteriorating by inside secured storage or when approved by the Police
Officer, coverage of the vehicle with tarpaulin type covers, or their equivalent for outside
storage.
If laboratory work on a crime scene vehicle must be processed at the City of Boynton
Beach Police Headquarters or other designated site, the crime scene vehicle shall be
transported at no charge to the City.
2.8 Reports
2.8.1 All inventory records of personal property in the vehicles which have been towed
shall be made in duplicate, and signed by the Contractor or its agent. One copy shall be
maintained by the Contractor as a permanent record and one copy of the inventory shall be
available to the owner/operator. Upon request of the owner/operator, specific inventoried
12
items shall be stored in an appropriate locked room and the location change noted on the
permanent inventory record.
Contractor shall prepare a report detailing each vehicle that received services pursuant to
this Agreement which has remained on the Contractor's storage facility for a period in
excess of thirty (30) days. The Contractor, immediately upon impounding or removing any
vehicle, shall prepare, without charge, a written report of the description of the vehicle,
which report shall include:
A. Make & Model of the vehicle to include Vehicle #, and Police case # when
applicable
B. License Number
C. Vehicle Identification Number
D. Name, Address & Phone Number of Towing Service
E. Towing Charges
F. Storage Charges
G. Facility to Which Vehicle Was Towed
2.8.2 Any vehicle that is not claimed within thirty (30) days of the towing of such
vehicle shall be reported in writing to the City.
2.8.3 Contractor shall submit to the Police Department, by the 15th of each month for
the previous month the following reports. The form of the reports shall be determined by
the Contractor, but are subject to the approval of the City.
A. Towing Activity Report, to include for each and every tow:
1. Date of tow.
2. Service call number assigned by City.
3. Type of tow such as accident, parking, abandoned, City vehicle, etc.
3.0 Personnel
3.1 The Contractor shall dispatch qualified and trained employees for all City tow
requests. The Contractor shall agree to have in its personnel file, a D.M.V. report on each
driver that it updates annually. Contractor agrees to ensure that all drivers possess a valid
commercial drivers license in accordance with the Commercial Motor Vehicle Safety Act
of 1986. All drivers used on City calls shall be uniformed, clean, courteous, sober and
competent in operating skills and communicate in English with the City contact person.
Contractor agrees to be responsible for such drivers. All Contractor's employees, dealing
with the public under this contract, shall be identified by name through the use of a name
tag or embroidered name on his or her uniform.
3.2 Contractor agrees that the owners of the company, or officers if a corporation,
shall be held fully responsible, except as otherwise prohibited by law, for acts of their
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employees while on duty.
3.3 The Contractor agrees to maintain and upon request provide the following
information to the City on all officers, employees, agents, and servants, and be
responsible for keeping the information accurate and current: Name, Address, Date of
Birth, Drivers License Number, Social Security Number, and Photograph.
3.4 The Contractor agrees to conduct operations under this Agreement in a courteous,
orderly, ethical and businesslike manner. As this contract is very sensitive in nature and
requires the Contractor, and Contractor's personnel to deal with the public on a daily
basis, Contractors are required to extend common courtesies such as:
A. Expedite release of the vehicle in accordance with the terms of this Agreement.
B. Assist the vehicle owner in retrieving documents from the vehicle to establish
ownership.
C. Allow the owner to remove the auto tag and any unattached personal possessions.
D. Explain fully and politely the reason for the tow and all charges levied.
E. If a dispute occurs, Contractor shall attempt to resolve the dispute promptly and
politely. If it cannot be resolved satisfactorily, the dispute shall be reported to the
Police Department no later than the next business day.
4.0 Business Operations
4.1 Benefit From Repair
The Contractor or any Agent shall not solicit to provide or make referrals for vehicle
repair, paint and body, salvage, junkyard or recycling business directly or indirectly for
any vehicle towed pursuant to this Agreement. The Contractor shall not engage directly,
or indirectly without prior written City approval, in the automotive or truck repair, paint
and body, salvage, junkyard, or recycling business. If the Contractor has any interest in
automotive or truck repair, paint and body, salvage, junkyard, or recycling businesses, he
shall so state in his proposal, and list the specifics. If during the term of the contract,
including any option terms, Contractor acquires an interest in automotive or truck repair,
paint and body, salvage, junkyard, or recycling businesses, he shall immediately notify
the City in writing. Failure to do so could result in termination for cause.
In accordance with Florida Statute 119 & 316, Contractor shall not release the names,
addresses or other similar information of owners of vehicles damaged in accidents to
firms such as body, repair, and paint shops unless so authorized in writing by the vehicle
owner.
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4.2 Subcontracting
4.2.1 Any use of subcontractors will be at the City's sole option, and use of
subcontractors must be preceded by receipt of written City approval and be subject to the
following conditions:
A. Subcontracting shall be allowed for recovery and towing only. Subcontracting
shall not be used to meet the minimum equipment requirements. Subcontracting is
for unforeseen circumstances and not for storage operations except abandoned or
derelict "dead" vehicle storage.
B. All towing and recovery vehicles shall only be identified by Contractor's name,
address of principal compound, and telephone number. No subcontractor
identification shall be allowed.
C. Subcontractors may only be used with City permission for critical accident,
unforeseen events, emergencies, or street blockage calls.
D. Contractor shall be held fully responsible for subcontractor's performance, and
Insurance coverage.
E. City reserves the right, at its sole option, to withdraw approval of a particular
subcontractor by giving the Contractor written notice.
F. If an emergency situation is declared by authorized City staff at the scene, that
officer or staff person may waive written pre-approval and requirement.
4.2.2 The City reserves the right to reject any proposed subcontractor on the grounds of
incompetency, collusion, failure to perform satisfactorily on previous work, financial
instability or dishonesty. When the list of subcontractors is approved it shall become a part
of the contract documents and no deviation shall be allowed from that list without the
written consent of the City's Representative.
4.3 Company's LiabilitylProtection of Vehicles and Property
4.3.1 The Contractor's liability for any vehicle/vessel towed and all property contained
therein will commence with the time the wrecker is hooked onto the towed vehicle.
4.3.2 The Contractor will have his employee, representative or agent, complete a
Vehicle Storage Receipt (Tow Slip) for each towed vehicle. One copy shall be
maintained by the Contractor as a permanent record; one copy will be given to the owner
or operator of the vehicle being towed (ifknown) or placed inside the vehicle.
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4.3.3 The Vehicle Storage Receipt shall contain the following information:
A. Make of vehicle and type to include the vehicle # and Police Case #
B. License number and VIN number.
C. A list of all personal property contained in the vehicle to be towed.
D. General description of the vehicle as to the condition, damaged parts (identified in
detail), missing parts, and such other information as may be necessary to
adequately describe the vehicle.
E. Any extra waiting time or Hazardous Waste charges authorized by officer at the
scene.
4.3.4 The Contractor shall be solely liable and responsible to the owner or legal entity
entitled to lawful possession for all personal property in any vehicle towed under the
authority of this contract. In the event of a complaint of missing items from the vehicle,
the Contractor will cooperate with the Police investigator in an investigation pertaining to
the missing items, which will include making the wrecker driver or lot personnel
available to the Police investigator.
4.3.5 The Contractor shall be responsible for the safekeeping of and shall be
accountable to the owner of the vehicle for all personal property, vehicle accessories, as
well as for the vehicle stored within the storage facilities of the Contractor. Personal
property contained in vehicle(s) which are removed and stored by the Contractor shall
NOT be disposed of by the Contractor to defray any charges for towing or storage of
vehicle(s) and such property must be returned to the owner or other person legally entitled
to lawful possession of the vehicle upon request and without regard to any fees owed by
such person or legal entity.
The Contractor agrees to replace any such articles(s) upon verification of the loss by the
designated investigative agency representing the City of Boynton Beach or Palm Beach
County as per Florida Statutes
4.4 Releases
The Contractor shall directly release any vehicle, which has not been marked "HOLD"
providing the proper proof of identification, and ownership is presented. Any vehicle
towed, which is marked "HOLD", cannot be released without written authority from the
City of Boynton Beach Police Department. The Contractor shall release any vehicle
towed in at the request of the Police Department only to the person whose name appears
on the title or registration certificate or to the authorized agent of such person.
In the event the Contractor is holding personal property removed from the stored vehicle.
upon its release, the owner or person entitled to possession will sign the Contractor' copy
of the inventory receipt.
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Vehicle seized for forfeiture or held for a crime scene investigation ("HOLD") pursuant
to the City of Boynton Beach Police Department, shall be stored at such compound for
whatever period of time necessary in order to properly process the vehicle and any
investigation involved at no charge to the City. This process will be governed by F.S.S.
323.001.
4.5 Owner Notification
The Contractor agrees to be responsible for notifying the registered owner or agent of the
whereabouts of the vehicle in accordance with Florida Statute 713. The Contractor
agrees to maintain a log at the place of business listing date, time and method of
notification.
4.6 Abandoned and Derelict Vehicles
The Contractor may dispose of equipment to compensate for towing and storage charges
after all responsibilities called for in accordance with Florida Statutes have been adhered
to. Records must be maintained which detail towing, storage and salvage compensation
for City audit purposes.
4.7 Disposal of Vehicles
Unless a "HOLD" has been placed upon the vehicle, disposal of vehicles will be in
accordance with current Florida State Statutes.
5.0 CODE COMPLIANCE TOWING PROCEDURE.
A. Purpose.
Standard operating procedure is to be utilized for the removal of vehicles or
trailers deemed to be abandoned, unregistered or wrecked as described in Chapter
10, Article III, Sections 10-50, 10-51 and 10-52 of the City of Boynton Beach
Code of Ordinances. The towing of these vehicles is to be at no charge to the
CITY.
B. Procedure.
1. Tow List.
a. Tow lists will be faxed or e-mailed from the Code Compliance
Division directly to the tow contractor during the month as needed.
All tow lists must be returned to the Code Compliance Division within
7 days of receipt of the request for tow.
b. Results of the status of each vehicle or trailer will be noted on the list
(i.e. towed, gone-on-arrival, or currently licensed).
c. TOW CONTRACTOR shall supply the name and phone # of the
contact person to the Code Compliance Division employee responsible
for the tow list.
d. TOW CONTRACTOR shall be responsible for all administrative
functions governed by Florida Statute including, but not limited to
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notification to all vehicle owners and lien holders prior to final
disposition of the vehicle
e. TOW CONTRACTOR'S failure to perform Code Compliance tows
shall be subject to penalties as specified in the Agreement.
f. CITY hereby reserves the right to modify schedule or procedure t(X
Code Compliance tows under this section of the Agreement.
6.0 Insurance
Contractor shall maintain and submit proof of insurance. (See attached "Insurance
Advisory Form") Attachment "A".
SUBCONTRACTOR'S INSURANCE
The Contractor shall require each of his subcontractors to take out and maintain during the life of
his subcontract the same insurance coverage's required of the successful Contractor. Each
subcontractor shall furnish to the successful Contractor two copies of the Certificate of Insurance,
and successful Contractor shall furnish one copy of the Certificate to the City of Boynton Beach.
SUPPLEMENTAL PROVISIONS
1. The insurance coverage and conditions afforded by this policy(s) shall not be
suspended, voided, canceled or modified, except after thirty (30) days prior written
notice by Certified Mail, Return Receipt Requested, has been given to the City of
Boynton Beach's Risk Management department.
2. Certificates of Insurance meeting the specific required provision specified within
this Contract/Agreement shall be forwarded to the City of Boynton Beach Risk
Management Department, and approved prior to the start of any work or the
possession of any city property.
7.0 Performance
Contractor agrees that any complaints received by the City concerning the performance of
the services performed under the Franchise agreement may also be forwarded to the Palm
Beach County Consumer Affairs Division - Towing.
8.0 PERFORMANCE PROBATION PERIOD.
A. A contractor awarded an Agreement will be subject to a three (3) month
probationary period. During this time, the contractor's performance will be
evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the
standards set forth in this Agreement, the City Commission may, upon the
recommendation of City staff, by written notice setting forth the default under the
Agreement terms, revoke the Agreement. If performance is acceptable at the end
of the probationary period described herein, TOW CONTRACTOR will be so
18
notified by the City.
B. Should the City Commission revoke the Agreement within the three (3) month
probationary period, another Agreement may be awarded to an eligible company
as determined by the City Commission.
8.1 ROLE OF CITY MANAGER AS TO PENAL TIES.
The City Manager or designee for CITY shall have the power to formally reprimand
TOW CONTRACTOR, suspend the Agreement, suspend activities of TOW
CONTRACTOR under the terms of this Agreement, conduct appeal reviews, recommend
to the City Commission revocation of the Agreement, and recommend to the City
Commission that this Agreement with TOW CONTRACTOR be terminated.
8.1.1 FORMAL REPRIMAND.
Upon review of materials provided to himlher by City staff, the City Manager or designee
may issue a written reprimand to TOW CONTRACTOR for any act or omission, which
in hislher sole discretion, is deemed to be a violation of this Agreement. A written
reprimand for an act or omission in violation of the terms of this Agreement shall be
grounds for recommending termination of the Agreement should the City Manager deem
such action to be appropriate under the circumstances.
8.1.2 REVOCATION.
In the event any criteria for qualification established by this Agreement and Resolution
RI0-_ are violated by a Contractor (TOW CONTRACTOR), CITY may serve written
notice upon tow contractor of the recommended revocation of the Agreement 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 Agreement and/or
termination of the Agreement with TOW CONTRACTOR, such a recommendation shall
be considered by the City Commission for CITY.
8.1.3 COMPLAINTS AGAINST TOW CONTRACTOR.
TOW CONTRACTOR hereby agrees that any complaints received by CITY concerning
the performance of TOW CONTRACTOR'S duties under this Agreement and otherwise
shall be referred to the City Manager of the City of Boynton Beach. The failure of TOW
CONTRACTOR to follow any subsequent reasonable instruction of the City Manager
regarding any complaint will be considered a material breach of this Agreement and shall
be cause for termination thereof.
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8.1.4 REPUT ABILITY.
Lack of reputability shall be cause for revocation of an Agreement and shall include, but
not be limited to the following:
A. Mistatements concerning the convIctIOn of any officer, employee or agent
convicted of any felony when that person's civil rights have not been restored;
B. Retaining any officer, employee or agent convicted of any felony when that
person's civil rights have not been restored;
C. Retaining any officer, employee or agent convicted of any felony or first degree
misdemeanor directly related to the business and/or operation of a wrecker, when
that person's civil rights have not been restored. For the purpose of this
Agreement, any offense involving peIjury, false statement or theft shall be
considered to be directly related to the business operation of a wrecker.
D. Retaining any officer, employee or agent convicted of the offense of driving under
the influence of alcohol or any other controlled substance to the extent that normal
faculties are impaired; of the offense of driving a vehicle and having an unlawful
blood alcohol level; or of any other criminal traffic offense.
8.1.5 SUSPENSION
Should at any time during the term of this Agreement, including during any option terms,
the tow contractor 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
contractor until the violation is resolved to the satisfaction of City staff. Ifthe 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 Agreement and termination of this Agreement with TOW
CONTRACTOR for cause.
Should at any time during the term of this Agreement, including during any option terms,
TOW CONTRACTOR or its principals become the subject of a criminal investigation,
the City Manager shall have the right to suspend TOW CONTRACTOR'S Agreement
pending the outcome of any criminal investigation and trial, should one result. Upon the
conclusion of a criminal investigation that does not result in criminal charges against
TOW CONTRACTOR or its principals, the City Manager may recommend to the City
Commission revocation of the Agreement and termination of this Agreement with TOW
CONTRACTOR, or the City Manager may lift the suspension, thereby reinstating the
Agreement to TOW CONTRACTOR. If an adjudication of guilt is entered against TOW
CONTRACTOR at the conclusion of a trial or via plea bargaining with the State, the City
Manager may recommend to the City Commission revocation of the Agreement and
termination of this Agreement with TOW CONTRACTOR or City Manager may
reinstate.
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ATTACHMENT A
City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional
Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect
to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance
contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of
contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of
insurance, or to raise or lower the stated limits, based upon identified risk.)
-------------------------------------------------------------------------------------------------------------------------------------------
TYPE (Occurrence Based Only) MINIMUM LIMITS REOUIRED
-------------------------------------------------------------------------------------------------------------------------------------------
General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00
Liquor Liability Each Occurrence $ 1,000,000.00
Professional Liability Fire Damage (anyone fire) $ 50,000.00
Employees & Officers Med. Expense (anyone person) $ 5,000.00
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Contractors
Broad Form Property Damage
Fire Legal Liability
-------------------------------------------------------------------------------------------------------------------------------------------
Automobile Liability Combined Single Limit $ 500,000.00
Any Auto Bodily Injury (per person) to be determined
All Owned Autos Bodily Injury (per accident) to be determined
Scheduled Autos Property Damage to be determined
Hired Autos Trailer Interchange $ 50,000.00
Non-Owned Autos
PIP Basic
Intermodal
-------------------------------------------------------------------------------------------------------------------------------------------
Garage Liability Auto Only, Each Accident $ 1,000,000.00
Any Auto Other Than Auto Only $ 100,000.00
Garage Keepers Liability Each Accident $ 1,000,000.00
Aggregate $ 1,000,000.00
-------------------------------------------------------------------------------------------------------------------------------------------
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
-------------------------------------------------------------------------------------------------------------------------------------------
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 100,000.00
Disease, Policy Limit $ 500,000.00
Disease Each Employee $ 100,000.00
-------------------------------------------------------------------------------------------------------------------------------------------
Property
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
-------------------------------------------------------------------------------------------------------------------------------------------
Other - As Risk Identified to be determined
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INSURANCEADVISORYFORM05 Revised 07/2009
21
FRANCHISE FEE AND AGREEMENT
PART IV
RFP NO. 055-2110-10/CJD
Towing and Storage Services
FRANCHISE FEE
Contractor shall propose an annual Franchise Fee for all three scenarios as designed on the
proposal page.
The proposal page portrays three different options.
. Option #1 If the City determines that one ( 1) Contractor will be awarded the
contract for the full Franchise.
. Option #11 Ifthe City determines that two (2) Contractors would be selected to
participate in the Franchise.
. Option #111 If the City determines that three (3) Contractors would be selected
to participate in the Franchise.
The Franchise Fee amount proposed will be utilized as part of the evaluation criteria in awarding
the RFP. The amount proposed shall remain firm for the entire contract award period.
The annual Franchise Fee shall be payable in four quarterly payments, in advance and shall be
due on the first business day of the contract quarter. If Franchise Fees are delinquent, a late
charge of $50 shall be applied in addition to interest at the highest rate allowed by current Florida
State Statutes. If the Franchise fee is more than twenty-five (25) days late, Contractor is subject
to suspension or cancellation at the City's sole option.
The City reserves the right to award to a single contractor, but the City reserves the right to make
multiple awards. In the event multiple awards are made, a negotiated Franchise Fee amount will be
determined.
FRANCHISE AGREEMENT
The awarded contractor will be required to enter into a Franchise Agreement with the City of
Boynton Beach for the right to provide vehicle/vessel towing services and storage for City
directed tows.
The term of the Agreement shall run for a three (3) year term, with the option to renew for two
additional one year periods, subject to cancellation as provided herein.
22
EVALUATION METHOD AND CRITERIA
PART V
RFP 055-2110-10/CJD
1-0 EVALUATION METHOD AND CRITERIA
The City's selection committee will evaluate proposals and will select the proposer which meets the
best interests of the City. The City shall be the sole judge of its own best interests, the proposals,
and the resulting negotiated Agreement. The City's decisions will be final.
The following criteria shall be utilized in the evaluation of the proposals:
GENERAL OVERVIEW
The purpose of the Evaluation Process is to judge the Proposals submitted in response to the
Request for Proposal to establish the most advantageous proposer, further identified as the #1
ranked Proposer or highest ranked. Each proposal will be evaluated by each Selection Committee
member using the procedures outlined herein.
Explanation of most advantageous to the City:
The intent of the RFP process is to evaluate firms against the criteria identified in the RFP. The
RFP process uses subjective and objective criteria for evaluating the proposers. The evaluation
process is performed by a committee and scoring is done in accordance with this section of the
RFP. Most advantageous refers to the firm that is ranked #1.
1.1 EVALUATION PROCESS
The committee evaluates and scores all proposals to establish the most advantageous proposer.
The committee may utilize a subcommittee to perform site visits to confirm / clarify description
of storage facility (s), office location and equipment list. City committee shall be authorized to
take photographs.
For clarification purposes only, the committee may request written follow-up prior to ranking.
1.2 SELECTION COMMITTEE PROCEDURES
Each committee member will review the proposals received and based on the comparison of the
firms, points will be awarded by each committee member. The firm that offers the most
favorable service/operation for a particular category based on the opinion of the committee
member would receive the highest amount of points for that category. Scores and rankings are
tallied as detailed in this section.
Each Committee member will award points according to the Selection Criteria described in each
Category. The points indicated as "Points Possible" are the maximum that may be awarded for
23
each Category. The points awarded tor each Category will be totaled to achieve the Total Points
awarded to each Proposer. The greatest cumulative of Total Points will be ranked I, the next
greatest total ranked 2, etc. The ranking of each Proposer will be tabulated from each Committee
member.
Summarized below are the Evaluation Categories
1.3 EV ALUATION CATEGORIES- MAXIMUM
POINTS POSSIBLE
Franchise Fee 40
(Highest proposal will receive 40 points second highest
proposed amount will be divided into the highest proposed
amount and multiplied by 40 to arrive at a point total, and so
on for the other proposals).
Stability of Company Organization / Operations 10
Including but not limited to the years of experience, experience of staff
and time operating under same ownership
Size, Diversity and Condition of the Fleet 10
Storage Location(s) 10
Including but not limited to number of storage spaces, number oflocations,
appearance, upkeep oflocations and security measures/systems in place
Operating Record 10
Previ ous litigation! disputes/ defaults/ citations/fines
Technical Approach /Communications / Dispatch Operations 8
Successful contracts /rotation lists with other Governmental Agencies 7
Report formats 5
Total Points Possible 100
24
1.4 TIE PROPOSALS
Whenever a tie occurs for the top ranking position, the tie breaker is the highest Franchise Fee
and the second tie breaker is the size, diversity and condition of Tow Contractor's Fleet.
25
INSTRUCTIONS FOR PREPARING PROPOSALS
PART VI
RFP 055-2110-10/CJD
Towing and Storage Services
1-0 RULES FOR PROPOSALS
The proposal must name all persons or entities interested in the proposal as principals. The
proposal must declare that it is made without collusion with any other person or entity submitting a
proposal pursuant to this RFP by submission of non collusion form.
Submission of a proposal indicates acceptance by the firm of the conditions contained in this
Request for Proposal unless clearly and specifically noted in the proposal submitted and confirmed
in the contract between the City of Boynton Beach and the firm(s) selected.
The proposer understands that the information contained in this RFP is to be relied upon by the City
in awarding the proposed Agreement, and such information is warranted by the proposer to be true.
1-1 PROPOSAL FORMAT
Proposers should prepare their proposals using the following format and follow the
numbering format as listed on page (27) below for tabbing/indexing their RFP submittal
Failure to supply the requested information in full for categories related to the evaluation criteria
will result in the committee being unable to fully score that particular category.
Proposal submittal document should include the following:
1. Letter of Transmittal - This letter will summarize in a brief and concise manner the
following:
. The letter must name all persons or entities interested in the proposal as
principals.
. The letter must declare that it is made without collusion with any other person or
entity submitting a proposal pursuant to this RFP.
. Identify all of the persons authorized to make representations for the proposer,
including the titles, addresses, and telephone numbers of such persons.
. An authorized agent of the proposer must sign the Letter of Transmittal and
must indicate the agent's title or authority.
26
The firm identified on the Letter of Transmittal will be considered the primary firm. If
more than one firm is named on the Letter of Transmittal, a legal document showing the
partnership, joint venture, corporation, etc. shall be submitted showing the legality of
such. Submittal for Joint Venture to include executed Joint Venture Agreement and if
state law requires that the Joint Venture be registered, filed, funded, or licensed prior to
submission of the proposal, then same shall be completed prior to submittal. Proposers
shall make their own independent evaluation of the requirements of the state law. The
City will not consider submittals that identify a joint partnership to be formed.
The primary firm identified herein will be responsible for final negotiations and receipt of
payments from the City of Boynton Beach. The letter should not exceed one page in
length.
1-2 CONTENT OF TECHNICAL PROPOSAL
General Requirements
The purpose of the technical proposal is to demonstrate the qualifications, competence, and
capacity of the firms seeking to provide the services identified herein for the City of
Boynton Beach in conformity with the requirements of this Request for Proposal. The
technical proposal should demonstrate the combined qualifications of the firms and of the
particular staff to be assigned to this scope of work.
The technical proposal should address all of the points outlined in the Request for Proposal.
The proposal should be prepared simply and economically, providing a straightforward,
concise description of the proposer's capabilities to satisfy the requirements of the Request
for Proposal. It shall also state the firm's position as to why the Firm should be selected.
27
PROPOSAL FORMS
PART VII
RFP#
TOWING AND STORAGE SERVICES
CHECK OFF LIST
1. Letter of Transmittal
2. Item A Company Organization/experience Questionnaire
-
3. Item B Qualifications and Experience of Individuals Questionnaire
-
4. Item C Equipment
-
5. Item D Experience with other governmental agencies for Police
-
directed tows
6. Item E Record Keeping and Reporting Samples, invoice & tow slip
7. Item F Technical Approach
8. Item G Storage Location(s)
-
9. Acknowledgement of Business type
-
10. Rate Schedule for clean-up hazardous waste chemicals
-
11. Proposer Acknowledgement
-
12. Proposal Form
-
13. Addenda
-
14. Statement of Proposer's Qualifications
15. Anti-Kickback Affidavit
16. Confirmation of Minority Owned Business
17. Non-Collusion Affidavit
-
18. Confirmation of Drug Free Workplace
-
19. Sub Contractors Participation
20. Statement of No Proposal
-
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 28
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
TECHNICAL PROPOSAL SHOULD UTILIZE SAME NUMBERING FORMAT
IDENTIFIED HEREIN. As part of the technical proposal, Minimum Eligibility
Requirements / Qualifications for Performing the Scope of Work shall be clearly detailed
to verify minimum is met.
A. Company Organization and Experience ITEM (A)
Completion of Questionnaire document and inserted in this section with supporting
documentation as applicable.
B. Qualifications and Experience of individuals ITEM (B)
Completion of Questionnaire document and inserted in this section with supporting
documentation for:
Specialized Training/Certifications/supplemental education courses received in past
five years
Professional Membership to relevant nationallstatellocal associations
C. Equipment ITEM (C)
Completion of Equipment list form and inserted in this section along with your vehicle
maintenance plan and vehicle replacement plan
D. Experience with other Government Agencies for Police Directed Tows ITEM (D)
Completion of reference list form and inserted in this section
E. Record Keeping and Reporting ITEM (E)
Include samples of reports that will be made available to the City. Submittal to also
include:
Sample invoice used for City account
Tow Slip used for City account
F. Technical Approach ITEM (F)
Completion of Technical Approach form and attach in this section. Form to
describe the range of towing and related services performed by your firm and your
implementation plan for this contract. This section must address dispatch, clean-up,
working with the officer at the scene, and any internal procedures that are necessary
to provide quality assurance with the requirements of the contract.
Describe your ability to have available staff 24/7 to adhere to the requirements of the
contract or if you will need to hire additional staff in the event that you are awarded
the contract.
Describe your communication systems and ability to adhere to the minimum
qualification requirements.
29
Additional Information
This section shall include any additional information which the proposer considers
pertinent for consideration and should be included in this part of the proposal.
Identify any unique approaches or strengths your organization may have related to
this service.
G. Storage Location(s) ITEM (G)
Completion of Questionnaire document and inserted in this section.
30
THE FOLLOWING TECHNICAL PROPOSAL FORMS MUST BE SUBMITTED
IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 31
FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
TECHNICAL PROPOSAL
ITEM A - COMPANY ORGANIZATION EXPERIENCE QUESTIONNAIRE
.. .---
DET AIL YOUR RESPONSE HERE.
A TT ACHMENTS MAYBE SUBMITTED TO
FURTHER DETAIL YOUR RESPONSE AND
ARE TO BE LABELED ACCORDINGLY.
----.._---------
1 Number of years Organization as stated
on the Acknowledgement of Business
Type Form has been in business.
Minimum re uirement is three ears.
~-_._.__._-_.._----~..~._-----~._-
2 Number of years Organization as stated
on the Acknowledgement of Business i
i
Type form has been in business with i
:
current ownershi . i
Number of Years Palm Beach County -I Detail each year ----------------------..--- -
3
o eratin Permit has been in lace.
- -,~.._--~------------_.__.._..- ._--~~~--..
4 State the name of the individual who
will have personal supervision /
responsibility of the City of Boynton
Beach account.
..' ."._-_.---~---_.._._---- - ~---'-"-
5 Under what other former names has
our or anization 0 erated?
----------------- --.,.....----.-,
6 Detail any Professional
Recognition/Awards received by the
organization during the past five years.
Co ies to be attached.
_____.__'m___._._._._~___~___ _~_________,_...__..._._._.__
7 Detail if organization has currently in
place an ongoing training / safety
program. Copy of program manual
table of contents to be attached as a
mInImum.
-r----------~ ---------------
8 Describe any litigation, arbitration,
mediation or other proceeding whereby,
during the past seven years, a court or
any administrative agency has ruled
against the firm in any manner related to
its towing / storage activities. Include
outcome and amount of settlement.
...----..----j----...-----.. -.....-------.. ..----,
9 Detail any Palm Beach County
Consumer Affair Cases and Palm
Beach County Citations during the past
seven ears. Include outcome and
___..___.J
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 32
FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
amount of settlement.
10 Describe any current or pending
litigation.
11 Describe any pending inquires not
resolved with Palm Beach County
Consumer Affairs, Towing Jurisdiction
12 Proposer to make a statement if they
have ever had a contract terminated for
cause and detail date, entity / name of
company during the past seven years.
Applies to Public contracts only.
13 If Proposer is a Corporation, answer the
following Date of Incorporation:
Date of Incorporation State of Incorporation:
State of Incorporation President's Name:
President's Name Vice President's Name:
Vice President's Name Secretary's Name:
Secretary's Name Treasurer's Name:
Treasurer's Name Name and address of Registered agent:
Name and address of Relristered agent
14 If Proposer IS an individual or
partnership, answer the following
Date of organization
Name and address and ownership units
of all partners
State whether general or limited
partnership
15 If Proposer is other than an individual,
corporation or partnership, describe the
organization type and give the name and
address of principals
16 If Proposer IS operating under a
fictitious name, state such here and
submit evidence of compliance with
Florida Fictitious Name Statue with the
proposal.
17 Identify if Proposer has any interest in
automotive or truck repair, paint and
body, salvage, junkyard, or recycling
businesses, and shall acknowledge and
list the specifics. IF NO, IDENTIFY
AS SUCH
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 33
FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
IiSl Detail yo~r-~ffice locati~n address and
I I
i I hours of operation.
i
i -----------.--._~-_.,- . .- _._----~--- _m___. ._______________
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 34
FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
TECHNICAL PROPOSAL
ITEM B - QUALIFICATIONS AND EXPERIENCE OF INDIVIDUALS QUESTIONNAIRE
INDIVIDUAL QUALIFICATIONS/ EXPERIENCE SUMMARY SHEET
Identify each employee that is either part ofthe management team, administrative staff or driver/operator and submit the appropriate
information for each that applies. Supporting documentation to be submitted as noted.
Name of Employee Management TitlelPosition in Type of Work Performed Years of Total Years of F or Drivers
YIN Organization Experience Experience in /Operators Or
with Towing Identify Drivt
Organization Industry License Type
* Upon request, City may require driver's license numbers.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 35
FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
TECHNICAL PROPOSAL
ITEM C - EQUIPMENT
Identify Equipment to verify the minimum equipment requirements are met and any additional equipment that is available in excess of
the minimum requirements. Equipment listed shall not be subcontracted. All wrecker equipment listed shall have a current Palm
Beach County Permit Decal at time of RFP submittal to be considered.
I Vehicle Typeu.----M- Description . VIN Number i Make / Mod-~l Year I Last Date Palm Beach Cnunt\
(Type shall be as : Inspected by Palm Decal #
classified by Palm Beach County
Beach County
Ins ection) ___MUM__
I Class A
I
r-----
r,1 Clas~nn .In-
Class A
"--,._-~. ...
I Class A I
~las~ Bt
Lnn_____ I
Class B
I Class C
i
r Class en
~---- .. ~ i
i Lowboy per minimum I I N/A '!ut \ppllc;lhl\
I equipment eligibility I
I requirement n_n n nt-
I Heavy Duty Truck 1 N/ A Not ~pplicahle
! Dollies i '
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Motorcycle Trailer N/A Not Applicable
ADDITIONAL WRECKER VEHICLE EQUIPMENT - IDENTIFY
CLASS FOR EACH OR STATE AS OTHER
Detail Your Vehicle Maintenance
Plan
Detail your vehicle replacement
Plan
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 37
FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
TECHNICAL PROPOSAL SUBMITTAL
ITEM D - EXPERIENCE WITH OTHER GOVERNMENTAL AGENCIES FOR POLICE DIRECTED TOWS
Experience to be within the past five years to be considered.
"- -..- ---.-- ..__._--~-_.,----_.,~-_.__._-
Name of Public Entity/ Sherriff Agency Contact Person / Phone Number / Title Contract Award Dates Is this a Rota'
Start - End or award "
Start -- Currently under Yes i NIl
Contract
1
[L - -- --------------------------- ~
13
~
~+_.
'7
~x
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER ' -
FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ITEM E
INSERT RECORD KEEPING AND REPORTING SAMPLES
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 39
FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
TECHNICAL PROPOSAL
ITEM F - TECHNICAL APPROACH
DETAIL YOUR RESPONSE BELOW
Describe the range of towing and
related services performed by your
firm and your implementation plan
for this contract. This section must
address dispatch, clean-up, working
with the officer at the scene, and any
internal procedures that are
necessary to provide quality
assurance with the requirements of
I
i the contract.
I
I - ~--_._---
Describe your ability to have
available staff 24/7 to adhere to the
I requirements of the contract or if
I you will need to hire additional staff
I in the event that you are awarded
I
i the contract.
I
I -- ------_.....-..- ---_._,---_._.._~--------_.__._-------
I Describe your communication
I systems and ability to adhere to the
I minimum qualification
I .
I reqUIrements of 24/7 telephone
number answered by an individual
I employed by the Contractor and
I have two way radio communication
from Contractors base station to
I their service trucks.
I
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
Detail phone number to be used for
24/7 service / dis atch.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 41
FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
TECHNICAL PROPOSAL
ITEM G - STORAGE LOCA TION(S)
Identify Storage location(s) to verify the minimum storage requirements are met. All storage locations shall be in accordance with
local occupational licensing and zoning requirements at time of RFP submittal to be considered. Occupational license shall be
submitted for each location.
-
Storage Location 1 ----..-- ---
Name on Building
Address
-- -
Phone No. / Fax No.
I Number of Inside Storage Spaces__ -.".-.---
_n....__..__..__.__ .-.-.------- -----...-----
! Number of Outside Storage
I
I Spaces .- - --_."'_._-------_._--_..._-~--------,..
---------..----
[_~::g:nL;~~~~:g2- -l~~- ---_._-,-~---"._- -- - -------.-.-.
! Address _ __ ____ n _____________.__...._._____ -------
I Phone No-: I Fax No.__________ I ... .._
~ ~:~: ~~ ~:~~~t~;:::g~paces +_____.. .._ ---
I
l Spaces . __________. ..._ J___ ._. I
-~
--.-----.-.-....-.. .-._---~--_.__.._---- u_ u=~__ ___~~~~-~
L Storage Location 3 --
I Name on Building uu .t
! Address - --
I .--..-------.-.-..
i Phone No. I Fax No.
r --+ - ---I
I Number of Inside Storn e S aces i- -=- ._=~..~
Number of Outside Storage
l Spaces 1
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
* Crime Scene Storage Facility - For vehicles marked "HOLD" required to be in Palm Beach County and within a 10 mile radius
of the City of Boynton Beach Police Department. Detail which inside storage location would be used. Detail which outside storage
location would be used.
Total Number ofInside
Storage
Total Number of Outside
Storage
Detail the Security Equipment & other Measures
put in place to exceed the Palm Beach County
Towin Ordinance minimum stora ere uirements
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 43
FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ACKNOWLEDGMENT OF BUSINESS TYPE
RFP 055-2110-10/c.m
This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths and
submitted with the RFP packal!e on the specified RFP deadline date. The undersigned proposer certifies that
this proposal package is submitted in accordance with the specifications in its entirety and with full
understanding of the conditions governing this proposal and acknowledges and understands that the information
contained in response to this RFP shall be relied upon by the City in awarding the contract and such information
is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the
Proposer's qualifications to perform under contract may cause the City to reject the Proposal, and if after the
award to cancel and terminate the contract.
BUSINESS ADDRESS of PROPOSER:
._-~~ ~ ._,-~. .,--~._-----_.--_._._-,_.,.~- ~---'-'--"-----~--"--~'--~-- ~-- ---..----
Address
._.-
City State Zip
Telephone No. Fax No.
-_._._-~-----_._- -----'-.---- -- _.__._----~ --- ---.-
Federal ID. No. email:
---_._--------- --~ - -- ..--..---.-.,--,..------.--.--.-----
._~_. -....----,.
SIGNATURE OF PROPOSER
If an Individual: ~_ doing business
Signature
as .-.----------- ________________n____ _,_..__~__ ----,.---.
If a Partnership: -_.~_._------- --------.---.-- ----~-
by:
General Partner Signature
If a Corporation:
Corporate Name
(a _ Corporation)
by: ----_._------
Signature
Title: ---_._-------_..~- _._--,.._,-._-,---_.
Attest: _.---- (SEAL)
Corporate Secretary
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 44
FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
NOTARY PUBLIC:
STATE OF: COUNTY OF:
The foregoing instrument was acknowledged before me this _ day of 20-, by
who is (who are) personally known to me or
who has produced
as identification and who did (did not) take an oath.
NOTARY PUBLIC SIGNATURE:
NOTARY NAME, PRINTED, TYPED OR
STAMPED:
Commission Number: My Commission Expires:_
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 45
FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
RA TE SCHEDULE FOR CLEAN-UP OF HAZARDOUS WASTE CHEMICALS
Rate schedule may be submitted as an attachment. Rate schedule will not be utilized in the
evaluation criteria.
._~. -.---..-.-.-...-....---.------......--"-.----.-----..-.-. - - ~- - _.-- ~
Description ! Rate Unit of
i Measure
.----..-.----. -- -----_._.......,_.,_.,.__...,..._.,,_._~ - ~ _._+-----_.._~-----_.------~--._..-
i
------"--.-- I--~ ~ ._______"_.n____
,
--~ I - ---1
i
--~-- --.- '.,---_. ! -------....-."'.....-......
--.... _.____...__..__....____________._._n__... ---- i
._.____.___.____ - _..___0-_.._-.--- ____~___._._,_.._______._ .._-----".
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 4 l
FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
PROPOSER ACKNOWLEDGEMENT
Submit Proposals to: PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6323
Broadcast Date: June 10,2010
RFP Title: THREE YEAR AGREEMENT FOR TOWING AND STORAGE
SERVICES
RFP Number: 055-2110-10/CJD
RFP Received By: July 13,2010, NO LATER THAN 2:30 P.M. (LOCAL TIME)
RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date
and time is scheduled for: JULY 13,2010, no later than 2:30 P.M. (local time) and may not
be withdrawn within ninety (90) days after such date and time.
All awards made as a result of this RFP shall conform to applicable sections of the charter and
codes of the City.
Name of Vendor:
Federal I.D. Number:
A Corporation of the State of:
Area Code: Telephone Number:
Area Code: FAX Number:
Mailing Address:
City/State/Zip:
Vendor Mailing Date:
E-Mail address:
Authorized Signature
Name Typed
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 47
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
PROPOSAL FORM
RFP 055-2110-10/C.JD
Towing and Storage Services
FRANCHISE FEE PROPOSAL FORM
Contractor to propose annual Franchise Fee that will be paid to the City of Boynton Beach for each
annual term contract award period, quarterly payments in advance or each corresponding quarter in
accordance with the terms and conditions and specifications contained in the RFP and resulting
Agreement.
THE UNDERSIGNED Proposer, having familiarized himself with the requirements of the RFP
hereby proposes the following annual Franchise fees:
OPTION #1: SINGLE AWARD: $
- -~
Annual Franchise Fee
OPTION #2: DOUBLE AWARD: $
Annual Franchise Fee
OPTION #3: TRIPLE AWARD: $
- ----~-_. -
Annual Franchise Fee
Signature: ~~ - .. -.---------------.---.- -...-
Title: ~ ---------_.._-_..__........--_._----
Name of OrganizationlProposer
(As shown on the Acknowledgement of Business Form)
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER .. t'
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ADDENDA
CITY OF BOYNTON BEACH
FLORIDA
RFP TITLE:
PROPOSER:
DATE SUBMITTED:
We propose and agree, if this RFP is accepted, to contract with the City of Boynton Beach, in the
Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of
transportation, construction, coordination, labor and services necessary to complete/provide the work
specified by the Contract documents.
Having studied the documents prepared by:
(Name of Project Manager/Architect/Consultant)
and having examined the project site (when indicated in these specifications to do so), we propose to
perform the
work of this Project according to the Contract documents and the following addenda which we have
received:
ADDENDUM DATE ADDENDUM DATE
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 49
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ST A TEMENT OF PROPOSER'S QUALIFICATIONS
Each Tow Contractor submitting a proposal included in these General Documents shall prepare
and submit the data requested in the following schedule of information.
This data must be included in and made part of each proposal. Failure to comply with this
instruction may be regarded as justification for rejecting the Tow Contractor's proposal.
* attach additional sheets giving the information
1. Name of Propos err:
2. Business Address: ---"- -,_..__._-~-----
3. When Organized:
4. Where Incorporated:
5. How many years have you been engaged in the towing business under the present firm
name?
6. General character of work performed by your company. ..
7. Enclose evidence of possession of required licenses and/or business permits.
8. Number of employees. -.
9. Background and experience of principal members of your personnel, including officers. *
10. Bonding capacity. --
II. Have you ever defaulted on a contract? If so, where and why?*
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
12. Experience in performance.
Project $ Value Contact Name Phone #
13. Contracts on hand. *
14. Largest completed projects (include final cost).
1)
2)
3)
15. List all lawsuits (design and/or construction related) or arbitrations to which you have
been a party and which: *
1) arose from construction projects: *
2) occurred within the last 4 years: *
3) provide case number and style: *
Dated at:
this _ day of 20
-
By:
(written signature)
Name:
(printed or typed)
Title
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 51
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA
: SS
COUNTY OF PALM BEACH )
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will
be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of
gift, directly or indirectly by me or any member of my firm or by an officer of the corporation.
By: --
NAME - SIGNATURE
Sworn and subscribed before me
this day of 20
Printed Information:
NAME
TITLE
NOTARY PUBLIC, State of Florida
at Large
COMPANY
"OFFICIAL NOTARY SEAL" STAMP
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
CONFIRMATION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our files for future use and information. Please fill out and
indicate in the appropriate spaces provided which category best describes your company. Return
this form with your bid proposal sheet making it an official part of your bid response.
Is your company a Minority Owned Business?
Yes No
If Yes, please indicate by an "X" in the appropriate box:
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) WOMEN
( ) OTHER
(specify)
( ) NOT APPLICABLE
Do you possess a Certification qualifying your business as a Minority Owned Business?
YES NO
- -
If YES, Name the Organization from which this certification was obtained and date:
Issuing Organization for Certification
Date of Certification
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 53
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER
State of )
. --.-.--.. -
County of )
________. being first duly sworn, deposes and says that:
1) He is of
(Title) (Name of Corporation or Firm)
the tow contractor that has submitted the attached proposal (RFP).
2) He is fully informed respecting the preparation and contents of the attached RFP and of all
pertinent circumstances respecting such proposal,
3) Said RFP is genuine and is not a collusive or sham bid:
4) Further, the said proposer nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other proposer, firm or person to submit a
collusive or sham proposal in connection with the Contract for which the attached RFP has
been submitted or to refrain from proposing in connection with such Contract, or has in any
manner, directly or indirectly, sought by agreement or collusion or communications or
conference with any other proposer, firm or person to fix the price or prices in the attached
proposal or of any other proposer, or to fix any overhead, profit or cost element of the
proposed price or the proposed price of any other proposer, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against the
(Local Public Agency) or any person interested in the
proposed Contract; and
5) The price or prices quoted in the attached proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or any of
its agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed)~ _____
Subscribed and sworn to before me (Title) .-..--..----------.- -- - ~_._-,--_._.._----~~---
This day of ,20
My commission expires ______________~___
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 'ct
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
CONFIRMATION OF DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more bids which are equal with respect to price, quality, and service are received by the City of
Boynton Beach or by any political subdivision for the procurement of commodities or contractual
services, a bid received from a business that certifies that it has implemented a drug-free
workplace program shall be given preference in the award process. Established procedures for
processing tie bids will be followed if none of the tied vendors have a drug-free workplace
program. In order to have a drug-free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than
5 days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by, any employee
who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
Vendor's Signature
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 55
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
SCHEDULE OF SUBCONTRACTINGIMINORITY BUSINESS ENTERPRISE (MBEIWBE) P ARTICIP A TION
PROPOSERS ARE TO SUBMIT A DETAILED LISTING OF ANY SUBCONTRACTOR(S) PARTICIPATION OF ANY PORTION
OF THIS PROJECT FOR ANY REASON.
RFP TITLE: THREE YEAR AGREEMENT FOR TOWING AND STORAGE SERVICES RFP #055-2110-10/CJD
MAIN CONTRACTOR NAME:
*.~nNORITYTYPES: (1) BLACK; 2 HISPANIC; 3 WOMEN; (4) OTHER (s ecify)
MINORITY
NAME/ADDRESS/ PHONE OF TYPE OF WORK STATUS TYPE CER TIFIE DOLLAR no 0\
SUBCONTRACTOR TO BE D t\MOUNT I () l\!
PERFORMED I 4 I 4 *(see 4 4
I Yes i No key Yes No
I I above)
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THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
STATEMENT OF NO PROPOSAL
If you are not bidding on this service/commodity, please complete and return this form to:
PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O.
Box 310, Boynton Beach, Florida 33425-0310.
Failure to respond may result in deletion of vendor's name from the qualified bidder's list
for the City of Boynton Beach.
COMPANY NAME:
ADDRESS:
TELEPHONE:
SIGNA TURE:
DATE:
WE, the undersigned have declined to respond to your Bid # 055-2110-10/CJD for TOWING &
STORAGE SERVICES because of the following reasons:
Specifications too "tight", i.e., geared toward brand or manufacturer only
(explain below)
Insufficient time to respond to the Invitation
We do not offer this product or an equivalent
Our product schedule would not permit us to perform
Unable to meet specifications
Unable to meet bond requirements
Specifications unclear (explain below)
Other (specify below)
REMARKS:
IF YOU ARE NOT SUBMITTING A PROPOSAL, PLEASE COMPLETE FORM 57
AND RETURN TO PROCUREMENT SERVICES
NB-l
PART VIII
RFP NO. 055-2110-10/CJD
GENERAL CONDITIONS
1.01 RFPS FIRM FOR ACCEPTANCE: Proposer warrants, by virtue of proposing, that the
prices quoted in the RFP will remain valid for acceptance by the City for a period of
ninety (90) days from the date of RFP opening.
1.02 MISTAKES: Proposers are cautioned to examine all documents pertaining to the RFP.
In the event of extension error(s), the unit price will prevail and the Proposer's total otTer
will be corrected accordingly. In the event of addition errors. the extended totals will
prevail and the Proposer's total will be corrected accordingly.
1.03 TAXES: The City of Boynton Beach is exempt from Federal and State taxes on direct
purchase of tangible property. The Purchasing Office will supply the successful Proposer
with an exemption certificate. Tow Contractors doing business with the City of Boynton
Beach shall not be exempted from paying sales tax to their suppliers for materials to
fulfill contractual obligations with the City. nor shall any V endor/C ontractor be
authorized to use the City's Tax Exemption Number in securing such materials.
1.04 OCCUPATIONAL LICENSE: Proposer shall comply with Occupational License
requirements for their business location. A copy of the license or proof of exemption
shall be submitted prior to awarding the RFP.
1.05 CONTRACTOR LICENSE: The Proposer Name identified on the Acknowledge of
Business Type Form shall be fully licensed, to the extent required by Florida or Federal
law, at time of RFP opening for type of work to be performed in order for their RFP to be
considered. County or locally licensed contractors must be registered with the State of
Florida DBPR Construction Industry Licensing Board at time of RFP opening. Copies of
all applicable certificates, registrations and licenses must be submitted with the RFP and
must be in the name of the Proposer shown on the Signature of Proposer Form. Should
the Proposer not be fully licensed/certified, the RFP shall be rejected.
1.06 PUBLIC RECORDS: Proposers are advised that the Sunshine Law and Public Records
Act (Chapters 286 and 119, Florida Statutes, respectively) are applicable to the City.
Information and materials received by the City in connection with an RFP response, as
provided by Florida law, are public records.
1.07 DRUG FREE WORKPLACE PROGRAMS: Preference shall be given to business
with Drug-Free Work Place programs. Whenever two or more RFPs which are equal
with respect to price, quality, and service are received by the City for the procurement of
commodities or contractual services, the Proposer that provided proof to the City that it
has a written Drug Free Work Place program shall be given preference in the award
process.
1.08 LEGAL REQUIREMENTS: Proposer shall comply with applicable provisions of all
Federal, State, County laws, City of Boynton Beach Code of Ordinances, rules and
regulations and the City of Boynton Beach Procurement Code. Lack of knowledge of any
such provision, by any Proposer, shall not constitute a cognizable defense against the
legal effect thereof.
1.09 PROCUREMENT CODE: A copy of the Procurement Code is available for your
review at the Purchasing Department in City Hall.
1.10 PUBLIC ENTITY CRIMES: In accordance with the provisions of paragraph (2)(a) of
Section 287.133, Florida Statues, a person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a
RFP on a contract to provide any goods or services to a public entity, may not submit a
RFP on a contract with a public entity for the construction or repair of a public building
or public work, may not submit RFPs on leases of real property to a public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
1.11 CODE OF ETHICS: If any Proposer is found to be in violation of the Code of Ethics of
the City of Boynton Beach and/or the State of Florida with respect to this RFP, such
Proposer may be disqualified from performing the work described in this RFP or from
furnishing the goods or services for which the RFP is submitted and may be further
disqualified from bidding on any future RFP's for work or for goods or services for the
City of Boynton Beach. A copy of the City and State Ethics Codes is available at the
office of the City Clerk, City of Boynton Beach, 100 E. Boynton Beach Blvd., Boynton
Beach, Florida.
Proposer shall comply with all Florida laws relating to conflicts of interest, including
Section 112.313, Florida Statutes.
1.12 NON-COLLUSION: Proposer certifies that this RFP is made without prior
understanding, agreement, or connection with any corporation, firm or person submitting
a RFP for the same materials, services, supplies, or equipment and is in all respects fair
and without collusion or fraud. No premiums, rebates or gratuities permitted; either
with, prior to or after any delivery of material or provision of services. Any violation
thereof may result in contract cancellation, return of materials or discontinuation of
services and may be removed from the vendor Bid list(s).
1.13 INSURANCE: The Proposer shall assume full responsibility and expense to obtain all
necessary insurance as required by the City. The Proposer shall provide to the Risk
Mgmt Dept. original certificates of current coverage meeting all such requirements and
specifications prior to engaging in any activities under this contract. The certificates must
59
list the City as an ADDITIONAL INSURED and shall provide no less than thirty (30)
days written notice to the City of cancellation or material change. Further modification tit
the insurance requirements may be made if circumstances change or adequate protection
of the City is not presented.
1.14 INDEMNITY/HOLD HARMLESS AGREEMENT: Proposer shall, in addition to any
other obligation to indemnify the City of Boynton Beach, Florida and to the fullest extent
permitted by law, indemnify and hold harmless the City of Boynton Beach, its officials,
and employees, from and against all claims, actions, liabilities, losses (including
economic losses), and costs arising out of any bodily injury, sickness, disease or death, or
injury to or destruction of tangible property including the loss of use resulting therefrom,
or any other damage or loss caused by any negligent act, error or omission, recklessness,
or intentionally wrongful conduct of the Proposer, any subcontractor, or anyone directly
or indirectly employed by any of them. The indemnification obligations hereunder shall
not be limited by any limitation on the amount, type of damages, compensation or benefits
payable by or for the Proposer or any subcontractor under any contract or agreement or
under worker's compensation acts; disability benefit acts, other employee benefit acts or
any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or
defense counsel fees incurred by the City of Boynton Beach to enforce this Indemnification
clause shall be borne by the Proposer. The obligations contained in this Indemnification
Clause shall continue indefinitely and survive the cancellation, termination, expiration.
lapse or suspension of this Agreement.
This provision shall not be deemed to waive any of the rights or immunities accorded to
the City by section 768.28, Florida Statutes, or any other applicable law.
1.15 DELIVERY: Time will be of the essence for any orders placed as a result of this RFP.
The City reserves the right to cancel any orders, or part thereof, without obligation, if
delivery is not made in accordance with the schedule specified in the RFP or as otherwise
accepted by the City.
Deliveries shall be made in accordance with City of Boynton Beach security procedures.
1.16 CHANGES / MODIFICATIONS: No negotiations, decisions, or actions shall be
initiated or executed by the Tow Contractor as a result of any discussions with any City
employee that changes or modifies the requirements of the RFP and or Contract. Only
those communications, which are in writing from an authorized representative of the City
and the Tow Contractor, in accordance with the City of Boynton Beach Procurement
Code and or purchasing operating procedures, may vary the terms of the written RFP or
contract.
1.17 PAYMENT TERMS, CASH DISCOUNTS AND INVOICES: Payment terms, unless
otherwise stated in this RFP, will be considered to be net 30 days after the date of
satisfactory delivery at the place of acceptance and receipt of correct invoice at the office
specified, whichever occurs last. Proposer may offer cash discounts for prompt payment
but they will not be considered in determination of award. If a Proposer offers a discount,
it is understood that the discount time will be computed from the date of satisfactory
delivery at the place of acceptance, and receipt of a correct invoice at the office specified,
whichever occurs last.
Invoices must be submitted against each individual purchase order. Invoices without a
correct and valid purchase order number may not be processed for payment.
Request for payment for any and all invoice( s) that may arise as a result of a contract or
purchase order issued pursuant to this RFP specification shall minimally meet the following
conditions to be considered as a valid payment request:
(a) Timely submission of a properly certifiable invoice(s), in strict accordance with
the price(s) and delivery elements as stipulated in the contract or purchase order
document, submitted to:
The City of Boynton Beach, Financial Services Department
City Hall, 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435
(b) All invoices submitted shall: consist of an original and one (1) copy; clearly
reference the subject contract or purchase order number; provide a sufficient
salient description to identify goods or service for which payment is requested;
contain the date of delivery; contain an original or legible copy of signed delivery
receipt including both manual and printed name of a designated City of Boynton
Beach employee or authorized agent who received the goods; and identify invoice
as "partial" or "final".
(c) The invoice shall contain the Proposer's Federal Employer Identification number
and clearly reference the Contractor's Business name and address for payment.
1.18 SAFETY STANDARDS: Manufactured items, fabricated assemblies and on-site
contractor services shall comply with all applicable federal, state and local requirements.
For on-site contractor services, the City reserves the right to request documentation of
contractor compliance with OSHA standards to include but not be limited to: required
employee safety & health training, written safety and health programs, provision of
required personal protective equipment (PPE), and/or provision and use of required
atmospheric monitoring equipment. Hazardous chemicals must be accompanied by a
Material Safety Data Sheet (MSDS), as required by the Occupational Safety and Health
Act (OSHA) of 1970; as amended, and any other applicable Federal, State and local
regulations.
1.19 OTHER GOVERNMENTAL ENTITIES: When there is sufficient capacity or
quantities available, awarded Proposer may provide to other governmental agencies, so
requesting, the products or services awarded in accordance with the terms and conditions
of the RFP and resulting contract. Prices shall be F .O.B. Destination to the requesting
61
agency. Each governmental entity allowed to use this contract shall do so independent 01
any other governmental entity.
1.20 INDEPENDENT CONTRACTOR: Tow Contractor undertakes performance of the
services as an independent contractor and shall be wholly responsible for the methods of
performance. The Contractor, nor the sub-contractor or their employees or their agents.,
shall not receive any City benefits, stipend or privileges afforded to City employees.
1.21 ASSIGNMENT: The City and Tow Contractor each binds itself and its directors,
officers, partners, successors, executors, administrators, assigns and legal representatives to
the other party to this contract. Any assignment, sale, pledge or conveyance of this contract
by Contractor must be previously approved in writing by the City.
1.22 NON EXCLUSIVE CONTRACT: Tow Contractor agrees and understands that the
contract shall not be construed as an exclusive arrangement and further agrees that the
City may, at any time, secure similar or identical services at its sole option.
1.23 TERMINATION FOR CAUSE: If, through any cause, the Tow Contractor shall fail to
fulfill in a timely and proper manner its obligations under this RFP/Contract, or if the
Tow Contractor shall violate any of the provisions of this contract, the City may, upon
written notice to the Tow Contractor, terminate the right of the Tow Contractor to
proceed under this contract, or with such part or parts of the contract as to which there has
been default, and may hold the Tow Contractor liable for all damages caused to the City
by reason of such default and termination. In the event of such termination, any
completed services performed by the Tow Contractor under this contract shall, at the
option of the City, become the City's property and the Tow Contractor shall be entitled to
receive equitable compensation for any work completed to the satisfaction of the City.
The Tow Contractor, however, shall not be relieved of liability to the City for damages
sustained by the City by reason of any breach of the contract by the Tow Contractor, and
the City may withhold any payments to the Tow Contractor for the purpose of setoff, until
such time as the amount of damages due to the City from the Tow Contractor can be
determined.
1.24 TERMINATION FOR CONVENIENCE: In the event that the City terminates for
convenience, the City will prorate the quarterly Franchise fee for the period of time that
services were performed during the quarter. A prorated amount will be returned to the
Contractor based on the number of days remaining in the quarterly period.
1.25 TERMINATION FOR GOVERNMENT AL NON-APPROPRIATIONS: The
obligation of the City for payment to a Tow Contractor is limited to the availability of
funds appropriated in a current fiscal period. Continuation of the tow contract into a
subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized
by law, and contract, and shall be terminated without penalty to the City and without any
default upon the last day in which funds were last appropriated.
1.26 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all
books of account, reports and supporting records in accordance with generally accepted
accounting practices and standards for records directly related to this contract for a
minimum of (1) year beyond the last day of the contract term. The form of all records
and reports shall be subject to the approval of the City. The Contractor agrees to make
available for review and audit to the City and or City Consultant, during normal business
hours and in Broward, Miami Dade or Palm Beach Counties, all books of account, reports
and supporting records relating to this contract for the duration of the contract and for one
year following the last day of the contract.
1.27 POST SALE AUDIT ADJUSTMENT: All items sold to the City of Boynton Beach as
a result of this RFP are subject to Post Sale Audit Adjustment. In the event that an audit
reveals the vendor has not honored quoted pricing, price lists or discount structures,
vendor will be liable and will be invoiced and collected with (30) days for any and all
overstated charges. Failure to remit may result in termination of the contract.
1.28 PERMITS, TAXES, LICENSES: The successful Contractor shall, at his own expense,
obtain all necessary permits, pay all licenses, fees and taxes, which comply with all local
ordinances, state and federal laws, rules and regulations applicable to business to be
carried on under this contract. City of Boynton Beach permit fees will be waived by the
City, however, fines and penalties will be assessed based upon standard fee structure.
1.29 CONTRACTOR REGISTRATION: If applicable, the Contractor must first register
with the Department of State of the State of Florida, in accordance with Florida State
Statutes, prior to entering into a contract with the City. Contractors awarded work
involving a permit shall register with the City of Boynton Beach License Office prior to
performing the work.
1.30 PATENTS AND ROYALTIES: The Contractor, without exception, shall indemnify
and save harmless the City and its employees from liability of any nature and kind,
including cost and expenses for or on account of any copyrighted, patented or un-patented
invention, process, or article manufactured or used in the performance of the contract,
including its use by the City. If the Contractor uses any design, device, or materials
covered by letters, patent or copyright, it is mutually agreed and understood without
exception that the RFP prices shall include all royalties or costs arising from the use of
such design, device, or materials in any way involved in the work.
1.31 LAWS/ORDINANCES: The Contractor shall observe and comply with all Federal,
State, Local and Municipal laws, ordinances rules and regulations that would apply to this
contract.
1.32 COMPLIANCE WITH CITY OF BOYNTON BEACH ORDINANCE: Awarded
vendor shall comply with all applicable Boynton Beach City Ordinances, including, but
not limited to, 16-57, "Display of Identification on Trucks and Related Commercial
63
Vehicles", which mandates vehicles be designated by lettering of two Inches minimum
size on either side of the vehicle indicating the name and address of the person owning or
operating the same for commercial use.
1.33 GOVERNING LAW AND VENUE: Contracts shall be governed by the laws of the
State of Florida. Any and all legal action necessary to enforce the contract will be held in
Palm Beach County and the Agreement will be interpreted according to the laws of Florida.
1.34 NON-DISCRIMINATION: The City of Boynton Beach is an equal opportunity
employer and prohibits discrimination on the basis of race, color, religion, national origin,
sex, age, marital status, disability, and/or political affiliation in all aspects of its personnel
policies and procedures, programs, practices and operations.
1.35 CITY POLICIES: A warded Tow Contractor shall comply with the City of Boynton
Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug
and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment
Policy. Copies of these policies may be obtained from the City of Boynton Beach Human
Resources Division. Violations of these policies may result in cancellation of the
contract.
II Got
Palm Beach County
TOWING ORDINANCE 2010-001
T ABLE OF CONTENTS
Section, Title Pa2e No.
Section 1, Title ......................................................................................................................... 4
Section 2, Definitions .............................................................................................................. 4
Section 3, Towtruck Class Specifications............ ............................ ................................... ..... 9
Section 4, Operating Permit Required ...................................................................................11
Section 5, New Applications/Renewals and Issuance of Operating Permit; Fees................. 11
Section 6, Inspection of Storage Yards and Public Offices Required ...................................14
Section 7, Insurance Requirements........................................................................................ 15
Section 8, Towtruck Registration; Towtruck Standards; Decals........................................... 16
Section 9, Inspection Procedures and Requirements............................................................. 18
Section 10, Non-Consent Manifest, Towing Invoice or Tow Sheet......................................19
Section 11, Advertisements................................................................................................... 21
Section 12, Records Required................................................................................................ 21
Section 13, Operating Permit Required to do Business with the County ..............................21
Section 14, Non-Consent Towing With Prior Express Instruction of Real Property Owner
or Authorized Agent and/or Law Enforcement Agency................................. 21
Section 15, Notice Requirements for Providing Tow Services at Request of Real
Property Owners ............................. ............ ........................... ..................... ... 24
Section 16, Non-consent Towtruck Company Requirements................................................ 26
Section 17, Consent-Only Towtruck Company Requirements.............................................. 29
Section 18, Maximum Non-ConsentTowing and Storage Rates for
Non-Consent Tow Services .................. ................ .......... ............... ........... ..... 29
Section 19, Towtruck Driver Requirements; Failure to Comply........................................... 31
Section 20, Fraudulent Transfer of Towtruck Company....................................................... 37
Section 21, Deceptive and Unfair Trade Practices................................................................ 38
Section 22, Cease and Desist Order ................................... ........... ......................... ............ ....38
Section 23, Assurance of V oluntary Compliance ............. .................. ............................. ......39
Section 24, Enforcement and Penalties; Civil and Criminal.................................................40
Section 25, Administrative Enforcement, Denial, Revocation and Suspension
of Operating Permits..... ................................................................................. 41
Section 26, Additional Penalties ... ... .......................... .... ................ .................. ................. ..... 42
Section 27, Hearings and Appeals .... .......... ........... ........... ................ .......................... ........... 43
Section 28, Scope of Ordinance. .................................. ....... ........... .......................... ....... .......44
Section 29, Repeal of Laws in Conflict .... .......... ........... ............ ........................... ........... ......45
Section 30, Savings Clause.................................................................................................... 45
Section 31, Inclusion in the Code of Laws & Ordinance ......................................................45
Section 32, Severability .......... ..... .............................. ................. ........................................... 45
Section 33, Effective Date. ....... .......... ..................... ........ .............. ......................... ............... 45
Palm Beach County Towtruck Ordinance 20] 0-00 I
1 TOWTRUCK ORDINANCE NO. 2010-001
2
3 AN ORDINANCE OF THE BOARD OF COUNTY
4 COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA,
5 AMENDING PALM BEACH COUNTY CODE CHAPTER 19,
6 ARTICLE VIII (ORDINANCE NO. 2005-009), PROVIDING FOR A
7 TITLE; PROVIDING FOR DEFINITIONS; PROVIDING FOR TOW
8 TRUCK CLASS SPECIFICATIONS; PROVIDING FOR OPERATING
9 PERMIT REQUIRED; PROVIDING FOR NEW APPLICATIONS/
10 RENEWALS AND ISSUANCE OF AN OPERATING PERMIT AND
11 FEES; PROVIDING FOR INSPECTION OF STORAGE YARDS AND
12 PUBLIC OFFICES; PROVIDING FOR INSURANCE
13 REQUIREMENTS, PROVIDING FOR TOWTRUCK
14 REGISTRATION, STANDARDS AND DECALS; PROVIDING FOR
15 INSPECTION PROCEDURES AND REQUIREMENTS; PROVIDING
16 FOR NONCONSENT MANIFEST, TOWING INVOICE OR TOW
17 SHEET; PROVIDING FOR ADVERTISEMENTS; PROVIDING FOR
18 RECORDS REQUIREMENTS; PROVIDING FOR AN OPERATING
19 PERMIT REQUIRED TO DO BUSINESS WITH THE COUNTY;
20 PROVIDING FOR NON-CONSENT TOWING WITH PRIOR
21 EXPRESS INSTRUCTION OF REAL PROPERTY OWNER OR
22 AUTHORIZED AGENT AND/OR LAW ENFORCEMENT AGENCY;
23 PROVIDING FOR NOTICE REQUIREMENTS FOR PROVIDING
24 NON-CONSENT TOW SERVICES AT REQUEST OF REAL
25 PROPERTY OWNERS; PROVIDING FOR NONCONSENT
26 TOWTRUCK COMPANY REQUIREMENTS; PROVIDING FOR
27 CONSENT -ONLY TOWTRUCK COMPANY REQUIREMENTS;
28 PROVIDING FOR MAXIMUM NONCONSENT TOWING AND
29 STORAGES RATES FOR NON-CONSENT TOW SERVICES;
30 PROVIDING FOR TOWTRUCK DRIVER REQUIREMENTS AND
31 FAILURE TO COMPLY; PROVIDING FOR FRAUDULENT
32 TRANSFER OF TOWTRUCK COMPANIES; PROVIDING FOR
33 DECEPTIVE AND UNFAIR TRADE PRACTICES, PROVIDING FOR
34 CEASE AND DESIST ORDERS, PROVIDING FOR ASSURANCES
35 OF VOLUNTARY COMPLIANCE; PROVIDING FOR
36 ENFORCEMENT AND CIVIL/CRIMINAL PENAL TIES;
37 PROVIDING FOR ADMINISTRATIVE ENFORCEMENT, DENIAL,
38 REVOCATION AND SUSPENSION OF OPERATING PERMITS;
39 PROVIDING FOR ADDITIONAL PENALTIES; PROVIDING FOR
40 HEARINGS AND APPEALS; PROVIDING FOR SCOPE;
41 PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING
42 FOR A SAVINGS CLAUSE; PROVIDING FOR INCLUSION IN THE
43 CODE OF LAWS AND ORDINANCES; PROVIDING FOR
44 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
-2-
Palm Beach County Towtruck Ordinance 2010-001
1
2
3 WHEREAS, numerous persons and ftrms in Palm Beach County engage in the
4 business of recovering, towing and storing of motor vehicles and vessels; and
5
6 WHEREAS, such towing services frequently must be provided without the prior
7 consent of the vehicle/vessel owner, or under circumstances which prevent negotiating
8 the charges, terms and conditions for the towing service, often resulting in disagreements
9 and complaints between vehicle/vessel owners and providers of towing services; and
10
11 WHEREAS, the vehicles and equipment used to tow vehicles/vessels across the
12 thoroughfares of Palm Beach County and the manner in which towing is conducted are of
13 considerable significance to the health, safety and welfare of the owners of towed
14 vehicles/vessels and of the residents and visitors in Palm Beach County; and
15
16 WHEREAS, Sections 125.0103(b), 166.043(c) and 715.07(2), Florida Statutes,
17 empowers the Board of County Commissioners to enact regulations pertaining to the
18 towing industry, including the authority to regulate maximum rates when vehicles are
19 towed or removed from private property; and
20
21 WHEREAS, the Ordinance is amended to clarify the licensing and enforcement
22 procedures for towing companies and towtruck drivers; and
23
24 WHEREAS, the United States Supreme Court decision in Ours Garage vs. City of
25 Columbus, 536 U.S. 424 (2002) held that states could delegate their authority to regulate
26 non-consent towing services as it relates to price and safety; and
27
28 WHEREAS, pursuant to SectionI25.0103(b), Florida Statutes, counties have been
29 delegated the authority to regulate towing; and
30
31 WHEREAS, the Board of County Commissioners of Palm Beach County finds it
32 to be in the best interest of the County, its citizens and its visitors to license and regulate
33 non-consent and consent towing services and all drivers who perform towing services
34 within Palm Beach County, to assure that all who provide the services are ftt and
35 competent to do so and that such services are delivered in a safe and efficient manner;
36 and
37
38 WHEREAS, the Board of County Commissioners of Palm Beach County hereby
39 amends Palm Beach County Code Chapter 19, Article VIII, (Ordinance No. 2005-009).
40
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
43 COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that:
44
45
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Palm Beach County Towtruck Ordinance 2010-001
I SECTION 1. Title.
2 This Ordinance shall be known and cited as the Towtruck Ordinance of Palm Beach County,
3 Florida.
4
5 SECTION 2. Definitions.
6 For the purposes of this Ordinance, the following definitions shall apply:
7 1. AdministrativelLien Fee shall mean the fee that is charged for title and lien
8 search, advertising costs, and notification of lien holder and owner of the
9 whereabouts and charges against a vehicle or vessel.
10 2. Advertisement shall mean any written statement made in connection with the
11 solicitation of a towtruck company and includes without limitation, statements
12 and representations made in a newspaper, telephone directory or other
13 publication, radio, television, electronic medium or contained in any notice,
14 handbill, business card, sign, catalog, billboard, brochure, poster or letter.
15 3. Applicant shall mean any person who applies for an operating permit or with
16 Palm Beach County. In the case of partnerships, associations, corporations and
17 other legal entities, "applicant" shall also mean any member of a partnership and
18 the corporate officers and directors.
19 4. Authorized Driver/ Agent shall mean any person who is empowered to act on
20 behalf of the vehicle/vessel owner or lien holder.
21 5. Commission shall mean the Board of County Commissioners of Palm Beach
22 County, Florida.
23 6. Compensation shall mean the exchange of goods or services for money,
24 property, service or anything else of value.
25 7. Consent Tow shall mean the recovery, towing and storage of a vehicle or vessel
26 with the authorization/consent of the vehicle/vessel owner or authorized driver.
27 8. Consent Tow Company shall mean a person(s) who tows a motor vehicle/vessel
28 with the authorization/consent of the vehicle/vessel owner or authorized
29 driver/ agent.
30 9. Consent-Only Towing Operating Permit shall mean the authority required by
31 the provisions of this Ordinance of any individual or towing company engaging in
32 the business of performing consent-only towing of vehicles/vessels.
33 10. Commercial Towing Company shall mean any person or business entity which
34 tows or recovers vehicles/vessels commercially which results in compensation
35 from the sale or resale of vehicles/vessels or salvaged parts.
36 11. Director shall mean the Division Director, or his or her designee.
37 12. Division shall mean the Consumer Affairs Division designated to implement,
38 enforce and monitor this Ordinance.
39 13. Duly Authorized Agent shall mean a person designated by and acting on behalf
40 of a real property owner per contractual agreement to request Private Property
41 Impounds. The duly authorized agent shall have no affiliation with the towtruck
42 company providing the towing service. The real property owner shall only
43 appoint duly authorized agents which have a direct connection to the property
44 (i.e., board member, employee of the property management company or
45 home/condo owner's association, employee of the real property owner or state of
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Palm Beach County Towtruck Ordinance 2010-001
1 Florida licensed security agency contracted by the real property owner or
2 manager).
3 14. Employee shall mean a person who is compensated fmancially for a period of not
4 less than twenty (20) hours per week and who performs all of hislher employment
5 functions on the property of the employer or management company and is issued
6 an annual federal tax statement of earnings (W-2Form).
7 15. Extra Time at ScenelLabor shall mean any extra time beyond one-half hour,
8 needed to safely remove a vehicle or vessel and shall also include the amount of
9 time spent at a scene when a towtruck has been summoned and is on scene but
10 unable to proceed through no fault of the towtruck operator. All extra time/labor
11 shall be documented by the towtruck driver and shall include the name of the law
12 enforcement agency and the law enforcement agency case number or the officer's
13 name and badge number. The documentation shall also include a detailed
14 explanation of the services rendered which necessitated the charges and if
15 possible photographs of the scene. Extra time/labor shall be charged in IS-minute
16 increments.
17 16. Good Faith Effort shall mean that required steps have been performed by the
18 towtruck company according to Florida Statute 713.78, Section (4) (d) to locate
19 the vehicle/vessel owner or lien holder.
20 17. Gross weight shall mean the weight of a towtruck in pounds plus the weight of
21 the vehicle(s)/vessel(s) and contents being towed.
22 18. License shall mean the Business Operating Permit, Certificate or document which
23 allows a person to engage in Palm Beach County in the activity of recovering,
24 towing, removing, and storing of vehicles and/or vessels for compensation. As
25 used in this article, a license shall not mean a municipal or county Business Tax
26 Receipt.
27 19. Light Reflective Sign shall mean an 18 inch wide by 24 inch high sign made of
28 aluminum (at least .040 thickness) or fiber reinforced plastic (at least .090
29 thickness). The entire background surface and all lettering must at a minimum be
30 Type 1 Engineered Grade Sheeting (ASTM D4956-01) or 3M Engineer Grade
31 Prismatic Reflective Sheeting Series 3430 (or equivalent). The letters may be
32 screen printed on the Type 1 sheeting using a compatible transparent ink so that
33 the retroreflection is maintained and visible.
34 20. Mechanical Connection shall mean any type of physical connection between a
35 vehicle or vessel to be towed and the towtruck/flatbed truck/car carrier and
36 includes the use of devices for maneuvering unattended vehicles/vessels unable to
37 be safely moved by conventional winching or towing equipment.
38 21. Non-consent Tow shall mean the recovery, towing, removal and storage of a
39 vehicle or vessel without authorization of the vehicle/vessel owner or authorized
40 driver and shall include both "Police Directed Tows" and "Private Property
41 Impounds" as defined herein.
42 22. Non-Consent Towing Company shall mean person(s) who perform "Police
43 Directed Tows" or "Private Property Impounds" as defmed herein.
44 23. Operate shall mean providing the services of recovering, towing, or removing
45 vehicles or vessels and any vehicle/vessel storage services associated therewith.
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Palm Beach County Towtruck Ordinance 2010.00J
1 24. Operator shall mean any person who provides the services of recovering, towing,
2 or removing vehicles and any vehicle storage services associated therewith and
3 includes without distinction the owning entity of a towing firm and the driver of a
4 tow truck.
5 25. Person shall mean any natural person, firm, partnership, association, corporation
6 or other entity of any kind whatsoever.
7 26. Place of business shall mean the towtruck company that provides towing,
8 removal, recovery and storage services.
9 27. Police Directed Tow shall mean the removal and storage of a wrecked or
10 disabled vehicles at the direction of police/law enforcement from an accident
11 scene or the removal and storage of a vehicles in the event the vehicle owner or
12 authorized driver is incapacitated, unavailable, or otherwise does not consent to
13 the removal of the vehicle, excepting, however, all incidents of "Private Property
14 Impounds" as herein defined below.
15 28. Prior Express Instruction shall mean a clear, definite and explicit request: a)
16 made by a police agency to recover, tow, remove, or store a specific and
17 individual vehicle or vessel which is disabled, abandoned, or parked without
18 authorization or whose vehicle/vessel owner or authorized driver is unable or
19 unwilling to remove the vehicle; or b) made in writing by a real property owner or
20 duly authorized agent of the real property owner, as specifically referenced on the
21 written contract between the real property owner and towtruck company, to
22 recover, tow, remove and store a specific and individual vehicle or vessel parked
23 without permission of the real property owner. The towtruck company, an
24 employee or agent thereof shall not be the designated agent of the real property
25 owner for the purpose of providing prior express instruction to recover, tow,
26 remove or store the vehicle or vessel.
27 29. Private Property Impound shall mean towing or removal of a vehicle or vessel,
28 without the consent of the vehicle/vessel's owner or authorized driver when that
29 vehicle/vessel is parked on real property, as authorized by Section 715.07, Florida
30 Statutes, as may be amended.
31 30. Proof of Ownership for V ehicleN essel Release shall mean that one or more of
32 the following documents are required along with a government issued photo
33 identification:
34 a. Current vehicle registration;
35 b. Vehicle Title;
36 c. An authorized driver/agent with a notarized release from the
37 vehicle/vessel owner or lien holder. V ehicleN essel owners have the right
38 to identify/approve designated agents to claim vehicles on their behalf. A
39 facsimile or electronic transfer of a notarized release statement from the
40 vehicle/vessel owner shall be accepted;
41 d. Insurance Card with the vehicle/vessel owner's information, vehicle
42 description and Vehicle Identification Number;
43 e. Licensed Dealer in possession of an auction buyers sales invoice; and/or
44 f. A notarized bill of sale for non-titled vehicles or vessels.
45 If the owner of the vehicle has had his/her Florida driver's license confiscated by
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Palm Beach County Towtruck Ordinance 2010-001
1 law enforcement and has no other government issued photo identification then at
2 least one of the following forms of identification shall be accepted: an itemized
3 voucher/property receipt from an arresting law enforcement agency, a booking or
4 arrest record, or original citation from a law enforcement agency all issued within
5 seven (7) days of the date the vehicle was towed.
6 31. Real Property Owner shall mean that person who exercises dominion and
7 control over real property, including but not limited to, the legal titleholder,
8 lessee, designated representative of a condominium or homeowner's association
9 or any person authorized to exercise or share dominion and control over real
10 property; provided, however, that "real property owner" shall not mean or include
11 a person providing towing services within the purview of this Ordinance.
12 32. Recover shall mean to take possession of a vehicle or vessel and its contents and
13 to exercise control, supervision and responsibility over it.
14 33. Recovery shall mean the removal of a vehicle or vessel from an area not readily
15 accessible to a roadway (i.e., within a standard cable length).
16 34. Remove shall mean to change the location of a vehicle by towing it.
17 35. Revoke shall mean to annul and make void the operating permit of a towtruck
18 company engaged in providing towing services.
19 36. Storage shall mean to place and leave a towed vehicle or vessel at a location
20 where the person providing the towing services exercises control, supervision and
21 the responsibility over the vehicle.
22 37. Storage facility shall mean the location where towed vehicles or vessels are
23 stored.
24 38. Tow shall mean to haul, draw or pull along a vehicle or vessel by means of a
25 towtruck equipped with booms, car carriers, winches or similar commercially
26 manufactured equipment.
27 39. Towing shall mean the act of moving one vehicle or vessel from one point to
28 another (including hook-up, lift, and transport) using what is commonly referred
29 to as a tow truck or a car carrier.
30 40. Towing Operating Permit shall mean the authority required by the provisions of
31 this Ordinance of any individual or towing company engaging in the business of
32 both non-consent and consent towing ofvehic1eslvessels.
33 41. Towtruck shall mean any vehicle used to tow, haul, carry or to attempt to tow,
34 haul or carry a vehicle or vessel.
35 42. Towtruck Company shall mean any person, company, corporation, or other
36 entity, which engages in, owns or operates a business which provides towing,
37 recovery, removal and storage of vehicles or vessels for compensation.
38 43. Towtruck Decal shall mean a decal placed upon any towtruck granted approval
39 to provide non-consent towing services by the Division.
40 44. Towtruck Driver shall mean the individual who is driving or physically
41 operating a towtruck for a towtruck company engaged in non-consent tows.
42 45. Unfair or deceptive trade acts or practices shall mean unfair methods of
43 competition, unconscionable acts or practices and unfair deceptive acts or
44 practices in the conduct of any consumer transaction and shall include but are not
45 limited to the following:
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Palm Beach County Towtruck Ordinance 2010-001
I a. Representations that goods or services have sponsorship, approval,
2 characteristics, ingredients, uses, benefits, or quantities which they do not
3 have;
4 b. Representations that a person or towtruck company has a sponsorship,
5 approval, status, affiliation or connection which he or she does not have;
6 c. Representations that goods are original or new if in fact they are not, or if
7 they are deteriorated, altered, reconditioned, reclaimed, or second-hand;
8 d. Representations that goods are of a particular standard, brand, quality,
9 style, or model, if they are of another;
10 e. Representations that goods or services are those of another, if they are not;
11 f. Using deceptive representations or designations of geographic origin in
12 connection with goods or services;
13 g. Advertising goods or services intending not to sell them as advertised;
14 h. Advertising goods or services with intent not to supply reasonable
15 expectable public demand, unless the advertisement discloses a limitation
16 of quantity;
17 1. Making false or misleading statements concerning the need for, or
18 necessity of, any goods, services, replacements, or repairs;
19 J. Disparaging the goods, services, or business of another by false or
20 misleading representations of fact;
21 k. Making false or misleading statements of fact concerning the reasons for
22 the existence of, or amounts of price reductions;
23 1. Failing to return or refund deposits or advance payments for goods not
24 delivered or services not rendered, when no default or further obligation of
25 persons making such deposits or advance payments exists;
26 m. Taking consideration for goods or services intending not to deliver such
27 goods or perform such services, or intending to deliver goods or provide
28 service materially different from those contracted for, ordered or sold;
29 n. Offering gifts, prizes, free items, or other gratuities, intending not to
30 provide them as offered in connection with a sale of goods or services to a
31 consumer;
32 o. Making false or misleading statements concerning the existence, terms, or
33 probability of any rebate, additional goods or services, commission, or
34 discount offered as an inducement for the sale of goods or services;
35 p. Using physical force, threat of physical force, or coercion in dealing with
36 consumers;
37 q. Any violation of the Florida Deceptive and Unfair Trade Practices Act,
38 Section 501.201 et seq., Florida Statutes.
39 46. Vehicle shall mean an automobile, truck, bus, trailer, motorcycle, moped,
40 motorized scooters, recreational unit primarily designed as temporary living
41 quarters which either has its own motive power or is drawn by another vehicle, or
42 any other mobile item using wheels and being operated on the roads of Palm
43 Beach County, which is used to transport persons or property and is propelled by
44 power other than muscular power; provided, however, that the term does not
45 include bicycles, traction engines, road rollers, commercial heavy equipment or
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Palm Beach County Towtruck Ordinance 2010-001
1 vehicles which run only upon a track.
2 47. Vessel shall mean every description of watercraft, barge and air boat used or
3 capable of being used as a means of transportation on water, other than a seaplane
4 or a "documented vessel" as defmed in s.327.02, Florida Statutes.
5 48. Vehicle or Vessel Owner shall mean a person with the "Proof of Ownership"
6 described in this Ordinance.
7
8 SECTION 3. Towtruck Class Specifications.
9 All towing vehicles must meet the following requirements and be commercially manufactured
10 and meet all federal transportation and towtruck requirements.
11 A. Class A Ratings
12 Towtruck
13 1. Minimum gross weight ................................................... 14,500 Ibs.
14 2. Minimum boom capacity ................................................ 16,000 Ibs.
15 3. Minimum winching capacity ............................................. 8,000 Ibs
16 4. Minimum cable size and length ........................................ 3/8"Xl 00'
17 5. Minimum wheel lift retracted rating................................. 5,000 Ibs.
18 6. Minimum wheellift extended rating ................................ 4,000 Ibs.
19 7. Minimum tow sling safe lift.............................................. 3,500 Ibs.
20 8. Minimum safety chains (2 each)................................5/16" grade 70
21 9. Minimum cab to axle dimension..................................................60"
22
23 Car Carrier
24 1. Minimum gross weight................................................... 15,000 Ibs.
25 2. Minimum deck capacity .......... ............................. ........... 10,000 Ibs.
26 3. Minimum length.................... ........ ................................... ......... ...19'
27 4. Minimum winching capacity ............................................ 8,000 Ibs.
28 5. Minimum cable size and length..........................................3/8"X50'
29 6. Minimum tie down chains (4 each) ..........................5/16" grade 80
30 7. Tie down straps (optional) (4 each) ............... 2,000 Ibs. each wheel
31 8. Minimum cab to axle dimension................................................120"
32
33 Light Duty - Non-Police Towing
34 1. Minimum gross weight. .. ................................................ 9,500 Ibs.
35 2. Minimum weight oftowtruck ........................................... 4,000 Ibs.
36 3. Minimum wheellift extended rating ................................. 2,500 Ibs
37 4. Minimum cab to axle dimension................................................. 60"
38
39 B. Class B Ratings (Medium Duty)
40
41 Towtruck
42 1. Minimum gross weight ................................................... 19,000 Ibs.
43 2. Minimum boom capacity ................................................24,000 Ibs.
44 3. Minimum winching capacity ......................................... dua112,000
45 4. Minimum cable size and length.................................... 7/16" x 150'
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Palm Beach County Towtruck Ordinance 20] 0-00 I
1 5. Minimum wheel lift retracted rating.. ".".... . .......10,5001bs.
2 6. Minimum wheel lift extended rating . ........... ... ..... ......6,500 Ibs.
3 7. Minimum tow sling safe lift.................... ... . ..............3,500Ibs.
4 8. Minimum safety chains (2 each)........... ..""..,,, ........3/8" grade 80
5 9. Minimum cab to axle dimension.......... ......... ............. ........96'.
6 10. Required State DOT Registration
7
8 Car Carrier
9 1. Minimum gross weight ...................................................22,500 Ibs.
10 2. Minimum deck capacity................................................. 10,000 Ibs.
11 3. Minimum wheel lift capacity for 2nd vehicle.. ... ......... 4,000 Ibs.
12 4. Minimum length................. ...... ..... .......... . .. .. ... .................... 19'
13 5. Minimum winching capacity ..........................................8,000 Ibs.
14 6. Minimum cable size and length..........................................3/8"X50'
15 7. Minimum tie down chains (4 each) ...........................5/16" grade 80
16 8. Tie down straps (optional) (4 each) .............. 2,000 Ibs. Each wheel
17 9. Minimum cab to axle dimension................................................ 120"
18 10. Required State DOT Registration
19
20 C. Class C Towtruck - Ratings (Heavy Duty)
21 1. Minimum gross weight ................................................... 33,000 Ibs.
22 Air brakes, all tires H rated, capacity must
23 equal axle rating. Device required to control
24 disabled vehicle's brakes.
25 2. Minimum boom capacity ............................................... 50,000 lbs.
26 3. Minimum winching capacity ..........................................50,000 Ibs.
27 4. Minimum cable size and length........................................5/8"XI50'
28 5. Minimum wheel lift retracted rating..................... .........40,000 Ibs.
29 6. Minimum wheel lift extended rating ................... ......... 12,000 Ibs.
30 7. Minimum tow Bar............................................... .......... 10,000 Ibs.
31 8. Minimum safety chains (2 each)................................. .1/2" grade 80
32 9. Minimum cab to axle dimension............. ..... .... ...................156"
33 10. Required State DOT Registration
34
35 D. Class D. Towtruck - Ratings (Ultra Heavy Duty)
36 1. Minimum gross weight................................................... 58,000 lbs.
37 Air brakes, all tires H rated, capacity must
38 equal axle rating. Device required to control
39 disabled vehicle's brakes. Tandem axles required.
40 2. Minimum boom capacity.. .......... ..... ......... ..... 100,000Ibs.
41 3. Minimum winching capacity. ................... .. ...... 100,000Ibs.
42 4. Minimum cable size and length............................. ..........3/4"X250'
43 5. Minimum wheel lift retracted rating ....................... ........ 40,000 lbs.
44 6. Minimum wheel lift extended rating ............... .................... 15,000
45 7. Minimum heavy-duty towbar rating .............. . . .. ........ 10,000 Ibs.
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Palm Beach County Towtruck Ordinance 2010-001
1 8. Minimum safety chains (2 each).................................1/2" grade 80
2 9. Minimum cab to axle dimension..................................................18'
3 10. Required State DOT Registration
4
5 SECTION 4. Operating: Permit Reauired.
6 A. Towing: It shall be unlawful for any person to recover, tow, remove or store a
7 vehicle/vessel for compensation in Palm Beach County or to cause or permit any other
8 person for compensation to recover, tow, remove or store a vehicle/vessel in Palm Beach
9 County. It shall also be unlawful ef to advertise said services without first obtaining and
10 maintaining a current and valid operating permit pursuant to the provisions of this
11 Ordinance. A person conducting non-consent tows in Palm Beach County but having
12 hislher primary place of business outside of Palm Beach County shall be required to
13 obtain an Operating Permit and shall be subject to all the provisions of this Ordinance.
14 B. Nothing in this Ordinance shall be construed to prohibit the discharge or storage of a
15 vehicle lawfully recovered, towed or removed in another county and lawfully transported
16 into Palm Beach County; nor shall anything in this Ordinance be construed to prohibit a
17 vehicle owner or authorized agent from requesting the services of a towing business not
18 regularly doing business in Palm Beach County (i.e., routinely, contracted, etc.) to tow or
19 transport such vehicle out of Palm Beach County.
20 C. The provisions of this Ordinance shall not apply to governmental agencies, vehicle rental
21 companies which tow their own vehicles, to businesses utilizing trucks capable of
22 transporting five (5) or more vehicles at one time, or to persons who use towing vehicles
23 to transport their vehicles solely for personal, family, household or recreational use.
24
25 SECTION 5. New ApplicationslRenewals and Issuance of Operating: Permit:
26 Fees.
27
28 A. The Division shall issue either a Towing Operating Permit or a Consent-Only Towing
29 Operating Permit to towtruck companies which have met the standards and requirements
30 for an operating permit as provided for in this Ordinance.
31 B. Every application/renewal for an operating permit shall be in writing, signed and verified
32 by the applicant, and fIled with the Division. The application/renewal shall be on a form
33 prescribed by the Division and shall contain information, including but not limited to:
34 1. Sufficient information to identify the applicant, including but not limited to, full
35 legal name, date of birth, telephone numbers, the place of business and residence
36 addresses, a copy of the applicant's Palm Beach County Business Tax Receipt and
37 Florida driver's license number. If the applicant is a corporation, the foregoing
38 information shall be provided for each corporate officer, director, registered agent
39 and shareholder. If the applicant is a partnership, the foregoing information shall
40 be provided for each general and limited partner. Post office box addresses shall
41 not be accepted.
42 2. Documentation demonstrating that all corporate or partnership applicants are
43 qualified under the laws of Florida to do business under the trade name or names
44 under which it has applied for an operating permit.
45 3. A list of all persons with any ownership interest in the company who have
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Palm Beach County Towtruck Ordinance 2010-001
1 previously been denied an operating permit from this or any other jurisdiction.
2 4. Verification of the business' current corporate status and Fictitious Name
3 Registration (if applicable) with the State of Florida.
4 5. Any trade name under which the business operates, intends to operate, or has
5 previously operated.
6 6. The location and physical addresses of all places of business including storage
7 facilities.
8 7. A description of services proposed to be provided, including, but not limited to,
9 days and hours of operation and types of towing and storage services to be
10 provided.
11 8. Proof of insurance as required in Section 7 (Insurance Requirements) of this
12 Ordinance. As proof of insurance, a certificate of insurance must be submitted on
13 the company's behalf directly to the Division by the insurance company or agent.
14 9. A signature of each individual applicant, president or vice-president of a
15 corporation and of all the general and limited partners of a partnership having 25
16 percent or greater ownership in the company.
17 10. The submission of a statement assuring that each towtruck is commercially
18 manufactured, meets the specifications listed herein, is in safe operating condition
19 and receives routine service/maintenance.
20 11. An agreement on the part of the applicant to abide by the provisions of this
21 Ordinance and the laws of the State of Florida.
22 12. Such additional information required by the Division to process the
23 application/renewal.
24 C. The Division shall review and investigate each application/renewal of an operating
25 permit and shall deny any application/renewal that is incomplete or untrue in whole or in
26 part, or which fails in any way to meet the requirements of this Ordinance including but
27 not limited to the following:
28 1. The applicant has been convicted of, found guilty of, or pled guilty or nolo
29 contendere to, regardless of the adjudication of guilt, within the last ten (10) years
30 involving: repossession of a motor vehicle under Chapter 493, F.S., repair of a
31 motor vehicle under ss. 559.901-559.9221, F.S., theft of a motor vehicle under s.
32 812.014, F.S., catjacking under s. 812.133, F.S., operation ofa chop shop under s.
33 812.16, F.S., failure to maintain records of motor vehicle parts and accessories
34 under s. 860.14, F.S., airbag theft or use of fake airbags under s. 860.145 or s.
35 860.146, overcharging for repairs and parts under 860.15, F.S., or violation of the
36 towing or storage requirements for a motor vehicle under s. 321.051, F.S.,
37 Chapter 323, F.S., s. 713.78, F.S., s. 715.07, F.S., or any felony where use of a
38 vehicle was involved in theft of property. In the case of a corporate or partnership
39 applicant, all corporate officers and directors, or partners shall provide all such
40 information, as the case may be.
41 2. Any unsatisfied civil fmes or penalties arising out of an administrative or
42 enforcement action brought by the Division (including any Cease and Desist
43 Orders and/or Assurances of Voluntary Compliance issued by the Division) or
44 another governmental agency based upon conduct involving a violation of this
45 Ordinance or other towing regulations.
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Palm Beach County Towtruck Ordinance 2010-001
I 3. Any criminal, administrative, or enforcement proceeding in any jurisdiction based
2 upon conduct involving a violation of this Ordinance or other towing regulations.
3 This paragraph shall apply to consent-only towing companies when such
4 proceedings from other jurisdictions relate to public safety.
5 4. Any unsatisfied judgments entered in an action brought by the Division under this
6 Ordinance.
7 5. Has had its operating permit previously revoked by action of the Division or any
8 other jurisdiction within two (2) years of the date of application. This paragraph
9 shall apply to consent-only towing companies when such proceedings relate to
10 public safety.
11 D. All towtruck companies which desire to operate in Palm Beach County must secure an
12 operating permit and follow the permitting procedures described in this section prior to
13 conducting business. If there are six months or less remaining before the annual renewal
14 period, the non-refundable fee for the operating permit shall be fifty (50) percent of the
15 approved fee, otherwise all other fees are applicable.
16 E. Each operating permit and towtruck decal issued pursuant to this section shall be valid
17 and effective for one (1) year, terminating on December 31 of each year. Failure to
18 submit an operating permit application and the required non-refundable fee for renewal
19 by September 30 of each year will result in the assessment of a non-refundable late fee.
20 All fees shall be established by a resolution of the Commission.
21 F. Towtruck companies failing to submit a complete and true application within thirty (30)
22 calendar days after the Division's receipt of the application shall be denied an operating
23 permit. Within ten (10) business days of receipt of the Division's notice of denial, such
24 towtruck companies may ref11e a complete and true application and pay a non-refundable
25 application re-f1ling fee established by a resolution of the Commission. Failure to refile
26 an application within this ten (10) day period will result in the towtruck company being
27 required to submit a new application and repaying the non-refundable application permit
28 fee and applicable towtruck decal fees. The failure to ref11e and pay the required fees
29 will result in the denial of the operating permit application for that licensing period.
30 G. After initial application and upon renewal, the applicant shall submit to a background
31 investigation every other year.
32 H. Each operating permit shall be printed on a certificate containing, at a minimum, the
33 name and address of the company, the name of the principal, the dates the operating
34 permit is in effect, and the identifying number assigned by the Division to the company.
35 The operating permit certificate issued by the Division shall remain the property of Palm
36 Beach County and shall be used only under the authority of the Division.
37 1. All operating permits shall be renewed annually. As a part of the renewal process, the
38 original application shall be updated and verified by the applicant. Each updated renewal
39 application shall be accompanied by a non-refundable fee. All operating permits which
40 are not renewed shall automatically expire upon the expiration date of the operating
41 permit, as stated on the operating permit, and all recovery, towing, removing and storage
42 services permitted shall cease immediately. The Division shall deny each renewal
43 application that is not timely, is incomplete, is untrue in whole or in part, is
44 unaccompanied by the required fees, or results in a determination by the Division that the
45 applicant has failed to satisfy the requirements of this Ordinance.
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Palm Beach County Towtruck Ordinance 2010-00 I
1 J. An operating permit issued or renewed pursuant to the provisions of this section shall not
2 be transferable, nor shall the ownership structure of the operating permit be so modified
3 as to constitute a change in the control or ownership of the operating permit. If the
4 business changes its name or ownership structure, a new business permit application and
5 the business application permit fee shall be submitted to the Division within forty-five
6 (45) days of said change. In cases where the name of the business changes, the new
7 business will be required to have each vehicle inspected and must also pay decal/vehicle
8 fees.
9 K. Failure to comply with the provisions of this section may result in denial of an operating
10 permit, revocation or suspension of the operating permit, a denial of renewal of such
11 operating permit, issuance of a civil citation, a criminal conviction and/or other such
12 remedies available to the Division herein.
13 L. All fees collected shall be deposited in a separate County fund for the Division's
14 operation.
15 M. Start-Up: The Board of County Commissioners may adjust the operating permit fees,
16 decal fees and the deadline for submitting applications if the initial licensing period is
17 less than a full year after the effective date of this Ordinance. Towtruck companies
18 which were issued 2010 operating permits prior to the effective date of this Ordinance
19 shall not be required to pay any increase or additional fees implemented through the
20 approval of this Ordinance for the start-up year.
21
22 SECTION 6. Inspection of Stora2e Yards and Public Offices Reauired.
23
24 A. Prior to the issuance of an operating permit, the Division shall inspect each storage
25 facility and public office area to assure compliance with this Ordinance and the
26 following:
27 B. Non-Consent Towing Storage facilities must meet the following requirements:
28 1. Adequate chain-link or solid-wall fencing that has a minimum height of six (6)
29 feet with lockable and secure gates surrounding the storage facility.
30 (7l3.78(7)(b)1), F.S.
31 2. At least ten (10) feet by twenty (20) feet of outdoor storage space for each
32 standard vehicle/vessel (more for larger vehicles). The facility must be able to
33 accommodate a minimum often (10) standard size vehicles. For towing
34 companies unable to provide outdoor storage, an indoor facility must be provided
35 with the same space for a minimum often (10) standard size vehicles and must
36 use one or more of the security methods defmed herein. Towing companies
37 which provide only indoor storage shall not exceed the maximum allowable
38 outdoor storage rates established by the Commission.
39 3. At least ten (10) feet by twenty (20) feet of indoor storage space for each standard
40 vehicle/vessel. The indoor storage space must adequately protect the vehicle
41 from natural (i.e., rain, hail, etc.) and man-made (i.e., paint, chemicals, etc.)
42 elements, be isolated to prevent contact with unapproved personnel/public and be
43 placed in such a manner to prevent damage by any other means. Indoor storage
44 space shall be adequately vented to the outside to prevent accumulation of toxic
45 fumes or gases that may pose a threat to human health. The indoor facility must
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Palm Beach County Towtruck Ordinance 2010-001
1 be able to accommodate a minimum of at least two standard size vehicle.
2 4. Illuminate the storage facility with lighting of sufficient intensity to reveal
3 persons and vehicles/vessels at a distance of 150 feet during nighttime.
4 (713.78(7)(b)2), F.S.
5 5. Each storage facility must use one or more of the following security methods to
6 discourage theft of vehicles/vessels or of any personal property contained in such
7 vehicles/vessels:
8 a. A night dispatcher or watchman remaining on duty at the storage facility
9 from sunset to sunrise;
10 b. A guard dog (as licensed and approved by the Palm Beach County Animal
11 Care & Control Division) which remains at the storage facility from sunset
12 to sunrise;
13 c. Security cameras or other similar electronic surveillance devices which
14 monitor and record activities in the storage facility during the hours the
15 business is closed to the public; or
16 d. A licensed security guard service which examines/patrols the storage
17 facility at least once each hour from sunset to sunrise. (713.78(7)(b)3),
18 F.S.
19 6. An appropriate office area protected from the weather and equipped with a wired
20 telephone system and approved sanitary facilities in accordance with the
21 requirements of Chapter 64E-1 0, F AC.
22 C. By resolution, the Commission may establish a storage yard inspection fee.
23
24 SECTION 7. Insurance Reauirements.
25 A. It shall be unlawful for any towtruck company to recover, tow, or remove a
26 vehicle/vessel or to provide vehicle/vessel storage services in connection therewith until
27 that company has flled with the Division and maintains in effect, the following types of
28 commercial insurance: auto liability for each vehicle, general/garage liability, on-hook
29 cargo liability and worker's compensation (as required by state law). The Board shall
30 establish the minimum insurance limits by resolution for each insurance type.
31 B. All insurance policies required shall be issued by insurance companies licensed and
32 admitted to write commercial liability insurance in the State of Florida. No policy shall
33 be accepted which is less than a six (6) month duration. Each policy shall be endorsed to
34 provide for thirty (30) days written notice to the Division of any non-renewal of the
35 policy or at least ten (10) days written notice to the Division of any cancellation/non-
36 payment of the policy.
37 C. A properly completed Certificate of Insurance evidencing all insurance coverages shall
38 be made available to the Division upon application for an operating permit. Each vehicle
39 must be listed on the certifIcate(s) by its year, make and vehicle identification number.
40 Certificates of Insurance must contain the following name and address as Certificate
41 Holder:
42 Board of County Commissioners of Palm Beach County
43 c/o Division of Consumer Affairs
44 50 South Military Trail
45 West Palm Beach, FL 33415
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Palm Beach County Towtruck Ordinance 2010-001
1
2 Evidence of the renewal of the policy shall be filed with the Division prior to such
3 policy's expiration date. Failure to flle such evidence of insurance, or failure to have
4 same in full force and effect, may result in denial of a permit, revocation or suspension of
5 the permit, a denial of renewal of such permit, issuance of a civil citation, a misdemeanor
6 charge or other such remedies available to the Division herein.
7 D. The Division may deny, suspend or revoke the operating permit of any company for
8 failure to obtain or maintain insurance as required by this Ordinance. Any company
9 which submits false or fraudulent insurance documents shall be subject to immediate
10 denial or revocation. Such companies shall not be eligible to reapply for a business
11 permit for five (5) years. The Division shall notify the State Department of Financial
12 Services/Division ofInsurance Fraud for follow-up investigation and review. Upon
13 denial, suspension or revocation of the business permit, the company shall be entitled to
14 an appeal according to the provisions in Section 27 (Hearings and Appeals).
15 E. The Division shall suspend the operating permit of any company which fails to ensure
16 that each and every registered vehicle associated with the company has:
17 1. A current certificate of insurance provided to the Division by the authorized agent
18 or insurance company no later than the date of expiration of its previous policy, or
19 2. A reinstatement notice provided to the Division no later than the date of
20 cancellation of said policy"
21 3. Any company which has had its business permit suspended more than two (2)
22 times in any twelve (12) month period may have such permit revoked for a period
23 of 1 year.
24 F. An "administrative insurance reactivation" fee established by resolution of the Board,
25 shall be assessed all towtruck companies that are suspended pursuant to paragraph D
26 above. The suspension shall not be withdrawn until the fee is paid to the Division.
27
28 SECTION 8. Towtruck Re2istration: Towtruck Standards: Decals.
29 A. It shall be unlawful to recover, tow or remove a vehicle/vessel or to store it in connection
30 therewith unless the towtruck used to provide such service displays in the lower left
31 comer (driver side) of the front window a current decal issued by the Division. The
32 towtruck decal remains the property of the Division and can be used only under the
33 authority of the Division.
34 B. The Division is authorized to issue current towtruck decals for each separate towtruck
35 upon application by the towtruck company and completion or satisfaction of the
36 following:
37 1. Inspection by personnel authorized by the Division to ensure that the towtruck
38 clearly displays the company name on the exterior of the driver and passenger
39 sides in permanently affixed letters in contrasting colors at least three (3) inches
40 high. The physical address of the business, telephone number and operating
41 permit number must be in at least one (1) inch permanently affixed letters in
42 contrasting colors on the exterior driver and passenger sides.
43 2. Submission of an affidavit to the Division assuring that each towtruck is
44 commercially manufactured and meets the specifications listed in Section 3
45 (Towtruck Class Specification) of this Ordinance and is in safe operating
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Palm Beach County Towtruck Ordinance 2010-001
1 condition.
2 3. An application form prepared by the Division and completed by the towtruck
3 company, which correctly indicates the year, make, model, vehicle identification
4 number, and the State of Florida motor vehicle license plate number and the
5 expiration date of the license plate of the towtruck. A copy of the State of Florida
6 Vehicle Registration shall be provided for each vehicle to be registered/permitted
7 with the Division.
8 4. Payment of a non-refundable decal fee established by resolution of the
9 Commission and deposited and used in the same manner as other fees and charges
10 under this Ordinance.
11 5. Inspection of the towtruck by personnel authorized by the Division to ensure that
12 the towtruck meets the minimum towtruck signage requirements and safety and
13 equipment standards. The minimum safety requirements for all towtrucks shall
14 be:
15 a. Compliance with Section 3 (Towtruck Class Specification) of this
16 Ordinance;
17 b. Vehicle and towing apparatus in safe operating condition pursuant to
18 Chapter 316, F.S;
19 c. Tire conditions and tread;
20 d. Braking performance;
21 e. Lights - head, parking, rear, signal and flood;
22 f. Amber emergency lighting;
23 g. Fire extinguisher;
24 h. Safety Equipment - Flares, light reflective safety cones or red triangle
25 highway warning reflectors; and
26 1. Flashlight.
27 Towtrucks used exclusively for Police Directed tows shall be required to also
28 have the following:
29 a. "Oil Dry" or its equivalent; and
30 b. Equipment - crowbar/pryer, jumper cables, bolt cutters, 4-way lug
31 wrench, extra tow chain, five (5) gallon trash receptacle, fIre axe, heavy
32 duty push broom and shovel.
33 C. It shall be unlawful for any towtruck company to alter or transfer ownership of any decal.
34 If a towtruck is destroyed or sold, the towtruck company must remove said decal and
35 surrender the remains to the Division.
36 D. Any additional towtrucks must comply with this Section prior to being used for recovery,
37 towing or removal of any vehicle/vessel. Upon compliance with this Section, additional
38 towtrucks acquired during the licensing year will receive a decal at a prorated fee. The
39 prorated fee shall be fifty (50) percent of the regular decal fee if there are six months or
40 less remaining before the annual renewal period.
41 E. Decals shall be issued in numerical order and each decal issued shall display its assigned
42 number. Decals shall be issued annually when the operating permit is renewed.
43 F. The decal for each towtruck shall be affIXed by personnel authorized by the Division and
44 shall at all times be displayed and available for inspection by any law enforcement officer
45 or by personnel authorized by the Division to perform enforcement duties.
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Palm Beach County Towtruck Ordinance 2010-001
1 G. Replacement or duplicate decals may be authorized by the Division upon the completion
2 of an application and notarized statement of the towtruck company stating that such
3 replacement or duplicate decal is necessary and stating the reasons for such request
4 along with a nominal charge to be approved by resolution of the Commission.
5 H. A towing company which has towtrucks inspected by a municipality or law enforcement
6 agency that meet the inspection requirements of this Ordinance, shall be exempt from the
7 inspection requirements herein as long as the inspection took place within ninety (90)
8 days of the required Division inspection. However, all towtrucks operating pursuant to
9 this Ordinance shall be registered with the Division and meet the vehicle safety
10 requirements of this Ordinance.
11
12 Section 9. Inspection Procedures and Requirements.
13 A. The Division shall conduct storage facility and individual towtruck inspections upon the
14 completion and submittal of all application requirements by each towtruck company.
15 The Division will provide written notification (fax or electronic notification acceptable)
16 to the towtruck company of the need for inspection of storage facilities and all towtrucks.
17 1. Within five (5) business days of notification, the towtruck company shall contact
18 the Division to schedule an appointment for inspection. Said inspection shall be
19 completed within twenty (20) business days after the towtruck company contacts
20 the Division to schedule the inspection. If the towtruck company does not
21 schedule the inspection within five (5) business days of notification, then prior to
22 inspection, an inspection late fee established by resolution of the Commission
23 must be paid to the Division. Failure to schedule the appointment following
24 initial notification by the Division within the five (5) day time period shall result
25 in the denial of the operating permit and a requirement that the operating permit
26 application be resubmitted along with applicable non-refundable operating permit
27 application re-filing fees established by resolution of the Commission.
28 2. If the towtruck company cancels the inspection, a cancellation fee must be paid to
29 the Division prior to inspection. Failure to reschedule the appointment within
30 eleven (11) business days of the initial notification by the Division or to complete
31 said inspection within twenty (20) business days after the appointment has been
32 rescheduled, shall result in the denial of the operating permit and a requirement
33 that prior to inspection, the operating permit application be resubmitted along
34 with applicable non-refundable application re-filing fees established by resolution
35 of the Commission. The applicant shall only be permitted one opportunity to
36 reschedule the required inspections.
37 B. If a storage facility inspection reveals deficiencies (fails) and a reinspection is required,
38 then a storage facility reinspection fee must be paid to the Division. The fee is to be
39 established by the Commission by resolution. Within five (5) business days of
40 notification, the towtruck company shall contact the Division to schedule an appointment
41 for reinspection. Said reinspection shall be completed within twenty (20) business days
42 after the towtruck company contacts the Division to schedule the reinspection. Failure to
43 complete said reinspection within twenty (20) business days after the appointment has
44 been scheduled, shall result in the denial of the operating permit and a requirement that
45 the application be resubmitted along with applicable non-refundable application re-filing
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Palm Beach County Towtruck Ordinance 2010-001
1 fees established by resolution of the Commission.
2 C. Upon the Division's inspection of the storage facility and towtruck(s), if all towtrucks are
3 not available/present, then the towtruck company shall bring the unavailable truck(s) to
4 the Division's designated inspection site within five (5) business days by appointment. If
5 the towtruck(s) are not inspected within five (5) business days, then a vehicle inspection
6 late fee must be paid to the Division. The fee is to be established by the Commission by
7 resolution.
8 D. Iftowtruck inspection reveals deficiencies (fails) and a reinspection is required, then the
9 failed truck(s) are to be brought to the Division's designated reinspection site within 5
10 business days by appointment. The vehicle reinspection fee shall be applied each time the
11 individual towtruck fails the inspection process. If the towtruck is not reinspected within
12 five (5) business days, then a late vehicle reinspection fee must be paid to the Division.
13 E. Towtrucks that are out of service at the time of a scheduled vehicle inspection and are
14 expected to be out-of-service longer than five (5) business days as well as towtrucks that
15 have failed two (2) inspections will be red-tagged by the Division. A red-tag "out of
16 service" decal will be applied to the vehicle by a Division employee and the vehicle may
17 not be used for any business or towing purposes until such time as the vehicle is brought
18 to the Division's designated site, inspected and approved for operation. Only Division
19 employees may remove the red-tag decal.
20 F. It shall be unlawful to operate a towtruck which has failed to pass any critical item
21 specified on any towtruck inspection performed by personnel authorized by the Division
22 or has failed to correct other inspection deficiencies within the time period specified by
23 the Division or is operating with safety deficiencies or without the proper insurance
24 coverage. When a towtruck has failed to pass inspection or the owner has failed to
25 correct such inspection deficiencies or the vehicle is operating with safety deficiencies or
26 without the proper insurance coverage, personnel authorized by the Division shall affix to
27 the lower left comer of the towtruck windshield a red tag "out of service" decal/notice. It
28 shall be unlawful for the towtruck company or any other person other than personnel
29 authorized by the Division to remove this notice from the windshield of the towtruck.
30 This notice shall remain the property of the Division and Palm Beach County.
31 G. It is a violation of this Ordinance not to have storage facilities and towtrucks inspected
32 according to the above requirements. Failure to pay the required fees is a violation of
33 this Ordinance.
34
35 SECTION 10. Non-consent Manifest. Towin2 Invoice. or Tow Sheet.
36 A. It shall be unlawful for any person providing nonconsent towing services to recover, tow
37 or remove a vehicle/vessel or provide storage in connection therewith unless the person
38 providing such service shall maintain in his possession a manifest, towing invoice, tow
39 sheet or dispatch records which shall include, but not be limited to, the following
40 information:
41 1. Name of the towtruck company and of the towtruck operator physically providing
42 the service;
43 2. Palm Beach County Decal number of the towing vehicle used to provide the
44 servIce;
45 3. Name, address and telephone number of the person requesting the service~ except
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Palm Beach County Towtruck Ordinance 20 I 0-001
1 as provided in Section 14.E. (Non-consent Towing With Prior Express Instruction
2 of Real Property Owner or Duly Authorized Agent and/or Law Enforcement
3 Agency) of this Ordinance;
4 4. Prior express instruction (signed and dated) of the real property owner provided in
5 the presence of the towtruck driver recovering, towing or removing the
6 vehicle/vessel except as provided in paragraph A. above.
7 5. Date and time the towtruck arrived at the location where the service is to be
8 performed;
9 6. Date and time of release to vehicle/vessel owner or authorized agent;
10 7. Location at which the service originated;
11 8. Destination to which the vehicle/vessel being provided the service is taken and
12 the time of arrival at the destination;
13 9. Description of vehicle/vessel being provided the service, including make, model,
14 year (if known), color, vehicle/vessel identification number (if visible) and license
15 plate number, if any;
16 10. Description of services provided;
17 11. The total charges listed individually and specifically as well as the description of
18 the services rendered;
19 12. When an "extra time/labor at scene" charge is applied, the towtruck driver shall
20 obtain and provide the name of the law enforcement agency and agency case
21 number. In lieu of the case number, the badge number and name of the
22 investigating law enforcement officer on the scene must be provided. A detailed
23 explanation of the services rendered which necessitated the charges shall also be
24 recorded and provided to the vehicle/vessel owner or representative upon
25 demand.
26 13. The following disclosure in bold capitalized letters of at least 12-point type:
27 IF YOU HAVE QUESTIONS OR COMPLAINTS ABOUT NON-
28 CONSENT TOWS UNABLE TO BE RESOLVED BY THE
29 TOWING COMPANY MANAGEMENT, CONTACT THE PALM
30 BEACH COUNTY CONSUMER AFFAIRS DIVISION, WEST
31 PALM BEACH, FLORIDA. TELEPHONE: (561) 712-6600 OR
32 BY INTERNET: www.pbcgov.com/consumer.
33
34 COMPANIES PERFORMING NON-CONSENT TOWS IN PALM
35 BEACH COUNTY ARE REQUIRED TO ACCEPT ALL OF THE
36 FOLLOWING FORMS OF PAYMENT:
37
38 1. CASH, MONEY ORDER OR VALID TRAVELER'S CHECK;
39 AND
40 2. VALID BANK DEBIT/CREDIT CARD, WHICH SHALL
41 INCLUDE, BUT NOT BE LIMITED TO, MASTERCARD OR
42 VISA, THAT IS IN THE NAME OF THE VEHICLENESSEL
43 OWNER OR AUTHORIZED DRIVER/AGENT; AND
44 3. VALID PERSONAL CHECK SHOWING ON ITS FACE
45 THE NAME AND FLORIDA ADDRESS OF THE
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Palm Beach County Towtruck Ordinance 2010-001
1 VEHICLENESSEL OWNER OR AUTHORIZED
2 DRIVER/AGENT.
3
4 B. Each original manifest, towing invoice, or tow sheet shall be available for inspection and
5 a copy provided upon demand by law enforcement officers, by personnel authorized by
6 the Division to perform enforcement duties or to the vehicle vessel owner or hislher
7 authorized driver/agent.
8
9 SECTION 11. Advertisements.
10 In all advertisements, towtruck companies performing non-consent towing services shall furnish
11 the complete business address, telephone number and Palm Beach County Towing Operating
12 Permit Number of said towtruck company. The Permit Number is not required in telephone
13 directories where the publisher gratuitously provides a "business listing" with only the company
14 name, address and phone number.
15
16 SECTION 12. Records Reauired.
17 Each towtruck company shall maintain accurate and complete records including but not limited
18 to, manifests, towing invoices, or tow sheets for services rendered. When photographs are taken
19 of vehicles/vessels, the vehicle/vessel owner and the Division shall have access to such photos
20 for the purpose of inspection and/or copying. Such records and photographs shall be maintained
21 for at least three (3) years for services related to non-consent towing services and for one (1)
22 year for services related to consent-only towing services. The Division shall be granted access
23 to these records for inspection and/or copying, during regular business hours, upon 24-hours
24 prior notice. In the event, the Division is denied the opportunity to inspect and copy such
25 records; the Division shall have the right to remove the records for the purpose of copying and
26 shall return any records removed within three (3) calendar days. All records and information
27 inspected and not copied shall be confidential, except that records may be copied and made
28 public for the purpose of complaint investigations, operating permit suspension and/or
29 revocation proceedings.
30
31 Section 13. Operatin2 Permit Reauired to Do Business with the County.
32 No person shall submit a bid, nor shall any contract be awarded, on any county contract or
33 agreement to recover, tow, or remove vehicles/vessels or provide storage in connection with
34 such services unless that person has a valid and current operating permit issued pursuant to this
35 Ordinance. Nothing herein shall prevent the County from contracting for more stringent
36 requirements than set forth in this Ordinance.
37
38 SECTION 14. Non-consent Towing: With Prior Express Instruction of Real
39 Property Owner or Dulv Authorized A2ent and/or Law Enforcement A2encv.
40
41 In addition to the other requirements of this Ordinance, no towtruck company shall, for
42 compensation, recover, tow, or remove a vehicle/vessel or provide storage in connection
43 therewith without the prior express instruction of the vehicle/vessel owner or authorized driver,
44 except in accordance with the following:
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Palm Beach County Towtruck Ordinance 201O-00!
1 A. Police Directed Tow: Non-consent towtruck companies may for compensation recover,
2 tow or remove a vehicle/vessel based upon a police directed tow without the prior
3 express instruction of the vehicle/vessel owner or authorized driver upon the prior
4 express instruction of a law enforcement agency and in accordance with the terms of any
5 contracts or agreements between the towtruck company and a governmental entity and/or
6 law enforcement agency.
7 B. Private/Public Property Impound: Non-consent towtruck companies may for
8 compensation recover, tow or remove a vehicle/vessel on a private/public property
9 impound without the prior express instruction of the vehicle/vessel owner or authorized
10 driver, upon the prior express instruction of the real property owner or his duly
11 authorized agent on whose property the vehicle/vessel is disabled, abandoned or parked
12 without authorization or whose vehicle/ vessel owner or authorized agent is unwilling or
13 unable to remove the vehicle/vessel, provided that the requirements of this Ordinance are
14 satisfied. The non-consent towtruck company recovering, towing or removing a
15 vehicle/vessel shall, within thirty (30) minutes of completion of such towing or removal,
16 notify the appropriate law enforcement agency in which jurisdiction the vehicle/vessel
17 was parked of the nature of the service rendered, the name and address of the storage
18 facility where the vehicle/vessel will be stored, the time the vehicle was secured to the
19 towing vehicle, and the make, model, color and vehicle/vessel license plate number (if
20 any). The non-consent towtruck company shall obtain the name of the person at the law
21 enforcement agency to whom such information was reported and note that name on the
22 trip record.
23 C. Except as otherwise provided in this Ordinance, every prior express instruction made in
24 writing or in person shall indicate the date and time of the instruction and shall be signed
25 by the law enforcement officer, or the real property owner/duly authorized agent in the
26 physical presence of the towtruck company providing the service at the time the towing
27 services are performed. The law enforcement officer or the real property owner/the duly
28 authorized agent shall also print hislher full name. Prior Express Instruction
29 (signed/printed name and date) must be provided on the manifest, towing invoice or tow
30 sheet in the presence of the driver. Pre-authorization or post-authorization for prior
31 express instruction is a violation of this Ordinance and shall result in the issuance of a
32 citation and/or suspension or revocation of the operating permit.
33 D. Signing in the presence of the non-consent towtruck company/driver shall not be required
34 for a prior express instruction made by the real property owner or authorized agent
35 forwarded by facsimile transmission on a form provided by the Division. All other
36 requirements of this Ordinance shall apply and the real property owner or duly authorized
37 agent shall provide in the facsimile instruction the specific location (i.e., address, parking
38 space, etc.), color of the vehicle, make and/or model of the vehicle (if visible) and either
39 the license tag number or the vehicle identification number (if available) prior to the
40 vehicle/vessel being towed. Such facsimile instruction shall include the real property
41 owner's or authorized agent's signature and printed or typed full name and title, as well
42 as an electronic confIrmation or electronic stamp of the date and time the instruction was
43 sent to the towtruck company. The towtruck company, in compliance with Section 12
44 (Records Required) of this Ordinance, shall maintain copies of facsimile instructions.
45 Failure of the non-consent towtruck company to act on a faxed instruction within twenty-
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Palm Beach County Towtruck Ordinance 2010-001
1 four (24) hours of an expressed instruction from the property owner or designee shall
2 require the issuance of a new facsimile or express authorization. Acting on an
3 incomplete facsimile from the property owner is a violation of this Ordinance.
4 E. No non-consent towtruck company/driver shall payor rebate money, or solicit or offer
5 the rebate of money, or other valuable consideration in order to obtain the privilege of
6 rendering towing services. The only exception is governmental franchise fees.
7 F. Except as otherwise provided in this Ordinance, no such prior express instruction shall be
8 considered to have been given: 1) by the mere posting of signage as required_by Section!
9 15 (Notice Requirements for Providing Non-Consent Tow Services at Request of Real
10 Property Owners) and 18 (Maximum Non-Consent Towing and Storage Rates for Non-
11 Consent Tow Services) of this Ordinance; 2) by virtue of the terms of any contract or
12 agreement between a towtruck company and a real property owner; 3) when the prior
13 express instruction occurs in advance of the actual unauthorized parking of the
14 vehicle/vessel; or 4) where the prior express instruction is general in nature and unrelated
15 to specific, individual and identifiable vehicles/vessels which are already parked without
16 authorization.
17 G. Each non-consent towtruck company shall enter into a written contract with every owner
18 or duly authorized agent (as defmed herein) of private property that authorizes the non-
19 consent towtruck company to tow vehicles/vessels on or from its property. This written
20 contract shall include the beginning date of said contract, the names of all persons who
21 can authorize prior express instruction to the towtruck company to remove, recover or
22 tow any vehicle/vessel on or from its property. The written contract shall include the
23 name and current telephone number of the towtruck company performing the towing
24 service, and the name, address and telephone number for any duly authorized agents
25 acting on behalf of the real property owner. The written contract for non-consent towing
26 shall also include a clear understanding of liability for the real property owner as stated in
27 s.715.07 (4) and shall include the following wording, "When a person improperly causes
28 a vehicle or vessel to be removed, such person shall be liable to the owner or lessee of the
29 vehicle or vessel for the cost of removal, transportation, and storage; any damages
30 resulting from the removal, transportation, or storage of the vehicle or vessel; attorney's
31 fees; and court costs." No such contract shall state that the non-consent towtruck
32 company assumes the liability for improperly towed vehicles/vessel, contrary to s.
33 715.07(4), F.S. Any addendum to the contract shall include additional names and titles
34 as necessary. The non-consent towtruck company must keep on f1le each contract and
35 addendum (if applicable) with the property owner. Such contract shall be maintained for
36 at least twelve (12) months after termination. The Division and law enforcement officers
37 may inspect and request a copy of any and all such contracts from the non-consent
38 towtruck company during normal business hours. The non-consent towtruck company
39 may not withhold production of the contract upon demand by the Division or law
40 enforcement. Failure to enter into or keep on f1le a contract with the property owner shall
41 be a violation of this Ordinance. All contracts which were entered into prior to the
42 effective date of this Ordinance, shall accomplish the requirements of this subsection by
43 entering into an addendum to the current contract within three (3) months following the
44 enactment of this Ordinance.
45
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Palm Beach County Towtruck Ordinance 2010-00 I
I Non-consent towtruck companies may not enter into a written contract with the owner of
2 private property that authorizes the towtruck company to tow vehicles/vessels from the
3 real property owner's property to the storage yard where the mileage restrictions have
4 been exceeded contrary to s. 715.07 (2)(a)1, F.S., as may be amended from time to time.
5 H. Real property owners or authorized representatives shall not request the recovery, tow or
6 the removal of vehicles/vessels that are reasonably identifiable from markings or
7 equipment as law enforcement, fire fighting, rescue squad, ambulance, or other
8 emergency vehicles/vessels which are marked as such.
9 I. Real property owners or authorized agents shall not request the recovery, tow or the
10 removal of vehicles/vessels parked in a designated handicapped parking space. Such
11 instances must be handled by local law enforcement.
12 J. Any person who improperly causes a vehicle/vessel to be recovered, towed, removed or
13 stored shall be liable to the vehicle owner or authorized representative for the costs of the
14 services provided, any damages resulting from the recovery, towing, removal or storage
15 and attorney's fees and court costs.
16
17 SECTION 15. Notice Reauirements for Providin2 Non-consent Tow Services
18 at Reauest of Real Property Owners.
19
20 A. In addition to the requirements of Section 14 (Non-consent Towing With Prior Express
21 Instruction of Real Property Owner or Duly Authorized Agent and/or Law Enforcement
22 Agency) of this Ordinance, non-consent towtruck companies duly permitted under this
23 Ordinance may recover, tow or remove a vehicle/vessel or provide storage in connection
24 therewith upon the prior express instruction of a real property owner or authorized agent,
25 on whose property the vehicle/vessel is abandoned or parked without authorization,
26 provided that the following requirements are satisfied:
27 1. Notice shall be prominently posted on the real property from which the
28 vehicle/vessel is proposed to be removed and shall fulfill the following
29 requirements:
30 a. A light reflective sign shall be prominently placed at each driveway
31 access/entrance or curb cut allowing vehicular access to the real property,
32 within five (5) feet from the public right-of-way line. If there are no curbs
33 or access barriers, signs shall be posted not less than one (1) sign each
34 twenty-five (25) feet of lot frontage. The sign shall be permanently
35 installed not less than three (3) feet and not more than six (6) feet above
36 ground level and shall be continuously maintained on the real property for
37 not less than twenty-four (24) hours prior to the towing or removal of any
38 vehicle/vessel( s).
39 b. The light reflective sign shall clearly display in not less than 2-inch high
40 letters on a contrasting background, the words: "UNAUTHORIZED
41 VEHICLESNESSELS WILL BE TOWED AWAY AT THE OWNER'S
42 EXPENSE." The words "TOW-AWAY ZONE" must be included on the
43 light reflective sign in not less than 4-inch high letters on a contrasting
44 background;
45 c. The light reflective sign shall clearly indicate, in not less than 2-inch high
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Palm Beach County Towtruck Ordinance 2010-001
1 letters on a contrasting background, the days of the week, and hours of the
2 day during which vehicles/vessels will be towed away at the owner's
3 expense; and the name and current telephone number of the towtruck
4 company performing the towing service.
5 2. Light reflective signs must be maintained or replaced so that they are clearly
6 visible, legible and light reflective at all times. The towing company is
7 responsible for maintaining and replacing signs. In the event the towtruck
8 company goes out of business or is no longer performing tow services for the real
9 property owner, the real property owner is responsible for removal of signs.
10 Failing to provide, maintain, replace and/or remove the signs in accordance with
11 this section is a violation of this Ordinance.
12 3. The posting of notice requirements of this section shall not be required where:
13 a. The real property on which a vehicle/vessel is parked is property
14 appurtenant to and obviously part of a single-family type residence; or
15 b. Written notice is personally given to the vehicle/vessel owner or
16 authorized driver/agent that the real property on which the vehicle/vessel
17 is or will be parked is reserved or otherwise not available for unauthorized
18 vehicles/vessels and is subject to being removed at the vehicle/vessel
19 owner's expense.
20 B. Except as otherwise provided in Section 14, D., when any real property owner instructs
21 that a vehicle/vessel ffi be recovered, towed, removed from his or her property and stored,
22 s1he or a designated representative shall sign the tow ticket authorizing the tow.
23 Immediately upon request, and without demanding compensation, the real property
24 owner shall inform the vehicle/vessel owner or other authorized person in control of the
25 vehicle/vessel of the name and address of the non-consent towtruck company that has
26 recovered, towed or removed the vehicle/vesseL
27 C. If the vehicle/vessel owner or authorized driver/agent arrives at the scene prior to the
28 vehicle/vessel being removed or towed from the property, the vehicle/vessel shall be
29 disconnected from the towtruck and the vehicle/vessel owner or authorized driver/agent
30 shall be allowed to remove the vehicle/vessel without interference upon the payment of a
31 reasonable service fee of not more than one-half of the posted rate for such towing
32 service (drop charge), for which a receipt shall be given, unless that person refuses to
33 remove the vehicle/vessel which is unlawfully parked. The biWinvoice must be
34 presented to the vehicle/vessel owner authorized/driver/agent prior to request for the
35 payment. Non-consent towtruck companies are not authorized to apply a fee in cases
36 where the owner of the vehicle/vessel arrives on the scene prior to a complete mechanical
37 hook-up (road-worthy) between the towtruck and the vehicle/vesseL In the event the
38 owner/driver of the vehicle/vessel is occupying the vehicle/vessel and refuses to vacate
39 same, in addition to the drop charge, the towtruck company/driver is permitted to charge
40 extra time at the scene where law enforcement involvement is necessary and the towtruck
41 driver obtains the name of the law enforcement agency, case number of the law
42 enforcement agency and if possible the name and badge number of the investigating law
43 enforcement officer. The towtruck driver shall also prepare detailed documentation/
44 explanation as to why "extra time at scene" charges were required. All documentation
45 shall be provided to the vehicle/vessel owner or representative upon demand. Such fee
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Palm Beach County Towtruck Ordinance 2010-001
1 shall be approved by resolution of the Commission.
2
3 Section 16. Non-consent Towtruck Company Requirements.
4 A. Non-consent towtruck companies providing services pursuant to this Ordinance shall not
5 do so when there is a person occupying the vehicle/vessel.
6 B. Non-consent towtruck companies providing services pursuant to this Ordinance shall
7 transport the vehicle/vessel directly to the storage facility of the towtruck company
8 providing the service, to such other location as a law enforcement officer authorizing the
9 tow may expressly direct, or to a location expressly directed by the vehicle owner or
10 authorized driver/agent. When the vehicle owner or authorized driver/agent expressly
11 authorizes the vehicle to be towed to a location other than the towtruck company storage
12 facility, the towtruck driver must:
13 4. Provide a "not to exceed" estimate in writing of all the rates and fees that will be
14 assessed for the tow or negotiate a consent-only towing agreement; and
15 5. Disclose in writing the three methods of payment and come to a mutually agreed
16 time as to how and when the towing company will be compensated.
17 C. It is a violation of this Ordinance for a non-consent towtruck company to keep or stage
18 impounded vehicles/vessels in any temporary area or holding facility prior to the
19 transportation of the vehicle to its approved storage facility.
20 D. Non-consent towtruck companies which provide services pursuant to this Ordinance shall
21 file and keep on record with the Division a complete copy of all current rates charged for
22 the recovery, towing or removal of vehicles/vessels and storage provided in connection
23 therewith. Such persons shall also display prominently at each storage facility the
24 following information: signage which identifies the name of the towing company, a
25 schedule of all charges and rates for removal of vehicles/vessels for private property
26 impounds; a statement that these rates do not exceed those rates filed with the Division
27 and are in accordance with the provisions of this Ordinance and the rights afforded to a
28 vehicle owner or authorized driver/agent pursuant to Florida Statutes. The above
29 information shall be posted prominently in the area designated for the vehicle/vessel
30 owner or authorized driver/agent to transact business. Such area shall provide shelter,
31 safety and lighting adequate for the vehicle/vessel owner or authorized driver/agent to
32 read the posted rate schedule. Further, notice shall be posted advising the vehicle/vessel
33 owner or authorized driver/agent of the right to request and review a complete schedule
34 of charges and rates for towing services for the jurisdiction in which the law enforcement
35 order to tow was made, and that the towtruck company is permitted by the Division
36 noting the Division's telephone number, address and business hours.
37 E. Non-consent towtruck companies shall provide signage on the property clearly visible
38 from the street, (unless otherwise prohibited by local zoning laws) with at least three (3)
39 inch letters on a contrasting background with the name and phone number of the
40 towtruck company.
41 F. Non-consent towtruck companies which provide services pursuant to this
42 Ordinance shall advise any vehicle/vessel owner or authorized driver/agent who calls by
43 telephone prior to arriving at the storage facility of the following:
44 1. Each and every document or other item which must be produced to
45 retrieve the vehicle/vessel;
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Palm Beach County Towtruck Ordinance 2010-001
1 2. The exact charges as of the time of the telephone call, and the rate at
2 which charges accumulate after the call;
3 3. The acceptable methods of payment; and
4 4. The hours and days the storage facility is open for regular business.
5 G. Non-consent towtruck companies which provide services pursuant to this Ordinance shall
6 allow every vehicle/vessel owner or authorized driver/agent to inspect the interior and
7 exterior of the towed vehicle upon his or her arrival at the storage facility before payment
8 of any charges (except for "After-Hour Gate or Personal Property Retrieval Fee"). With
9 the exception of vehicles being held pursuant to the specific request or "hold order" of a
10 law enforcement agency, the vehicle/vessel owner or authorized driver/agent shall be
11 permitted to remove the vehicle license tag and any and all personal property inside but
12 not affIXed to the vehicle/vessel. A vehicle/vessel owner who shows a government
13 issued photo identification shall be given access to view ownership documents stored in
14 the vehicle/vessel. The vehicle/vessel and/or personal property shall be released to the
15 vehicle/vessel owner if the ownership documents are consistent (name and address) with
16 the photo identification. When a vehicle/vessel owner's government issued identification
17 and ownership documents are stored inside the impounded vehicle due to unforeseen
18 circumstances, the towtruck company shall be required to recover the ownership
19 documents stored in the impounded vehicle (i.e., glove compartment, sun visors, etc.)
20 upon receipt of a vehicle/vessel key, vehicle access code, or electronic device from the
21 vehicle/vessel owner that would allow entry. The vehicle/vessel and/or personal property
22 shall be released to the vehicle/vessel owner if the ownership documents are consistent
23 with the photo identification.
24 H. Non-consent towtruck companies which provide services pursuant to this Ordinance shall
25 accept payment for charges from the vehicle/vessel owner or authorized driver/agent in
26 all the following forms:
27 1. Cash, money order or valid traveler's check; and
28 2. Valid bank debit/credit card, which shall include, but not be limited to,
29 MasterCard or VISA, that is in the name of the vehicle/vessel owner or authorized
30 driver/agent; and
31 3. Valid personal check showing on its face the name and Palm Beach County
32 address of the vehicle/vessel owner or authorized driver/agent.
33 A towtruck company/driver shall not reject any of the above forms of payment. A
34 vehicle/vessel owner or authorized driver/agent shall not be required to furnish
35 more than one (1) government issued form of picture identification when payment
36 is made by valid bank debit/credit card or personal check, and said presentation
37 shall constitute sufficient identity verification.
38 1. Non-consent towtruck companies which provide services pursuant to this Ordinance shall
39 not store or impound a towed vehicle/vessel at a distance which exceeds a ten (10) mile
40 radius of the location from which the vehicle/vessel was recovered, towed or removed
41 unless no towing company providing services under this section is located within a ten
42 (10) mile radius, in which case a towed or removed vehicle/vessel must be stored at a site
43 within twenty (20) miles of the point of removal.
44 J. Non-consent towtruck companies which provide services pursuant to this Ordinance shall
45 maintain one or more storage facilities, each of which shall maintain a current Palm
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Palm Beach County Towtruck Ordinance 2010-001
1 Beach County Business Tax Receipt and when applicable a municipal Business Tax
2 Receipt. The business shall be open for the purpose of redemption of vehicles/vessels by
3 owners or authorized drivers/agents on any day that the towtruck company is open for
4 towing purposes from at least 8:00 A.M. to 6:00 P.M., Monday through Friday and, when
5 closed, shall have posted prominently on the exterior of the storage facility and place of
6 business, if different, a notice indicating a telephone number where the towtruck
7 company can be reached at all times. Upon request of the vehicle/vessel owner or
8 authorized driver/agent, the towtruck company shall release the vehicle/vessel to the
9 vehicle/vessel owner or authorized driver/agent within one (1) hour.
10 K. Non-consent towtruck companies shall not, as a condition of release of the vehicle/vessel,
11 require a vehicle/vessel owner or authorized driver/agent to sign any release or waiver of
12 any kind which would release the towtruck company from liability for damages noted by
13 the vehicle/vessel owner or authorized driver/agent at the time of the vehicle' s/vessel' s
14 release. A detailed, signed receipt showing the legal name of the towtruck company
15 removing the vehicle/vessel shall be given to the vehicle/vessel owner or authorized
16 driver/agent at the time of payment, whether requested or not.
17 L. Nothing in this Ordinance shall prevent the Sheriff or any municipality within the county
18 from providing additional or more restrictive requirements in contracts or arrangements
19 which authorize the recovery, towing or removal of vehicles/vessels or storage provided
20 in connection therewith.
21 M. Non-consent towtruck companies which provide services pursuant to this Ordinance shall
22 release vehicles/vessels towed or removed to the vehicle/vessel owner or authorized
23 driver/agent provides Proof of Ownership documents. Proof of Ownership documents
24 shall include:
25 1. Current vehicle registration:
26 2. Vehicle Title;
27 3. An authorized driver/agent with a notarized release from the vehicle/vessel owner
28 or lien holder. VehicleNessel owners have the right to identify/approve
29 designated agents to claim vehicles on their behalf. A facsimile or electronic
30 transfer of a notarized release statement from the vehicle/vessel owner shall be
31 accepted;
32 4. Insurance Card with the vehicle/vessel owner's information and vehicle
33 description;
34 5. Licensed Dealer in possession of an auction buyer's sales invoice; and/or
35 6. A notarized bill of sale for non-titled vehicles or vessels.
36 N. Non-consent towtruck companies which provide services pursuant to this Ordinance shall
37 make a "good faith effort" to locate the vehicle/vessel owner or lien holder. For the
38 purposes of this paragraph and subsection, a "good faith effort" means that the required
39 steps have been performed by the towtruck company according to Section (4)( d) of the
40 Florida Statutes 713.78. Failure to make a "good faith effort" to comply with the
41 notification requirements of this section shall preclude the imposition of any storage
42 charges against such vehicle or vessel.
43 O. Non-consent towtruck companies which provide services pursuant to this Ordinance and
44 found to be in violation of this Ordinance relating to a specific non-consent tow shall be
45 required to reimburse the vehicle/vessel owner all illegal or over charges related to that
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Palm Beach County Towtruck Ordinance 2010-001
1 towing incident. Failure to reimburse the owner of the vehicle/vessel in such cases is a
2 violation of this Ordinance.
3 P. Any non-consent towing company that has an unusable storage yard or has been evicted
4 from its storage yard is subject to having its operating permit suspended.
5 Q. Any towtruck driver in the process of transporting a junked vehicle (as defmed in s.
6 319.30, F.S.) to a licensed salvage motor vehicle dealer and who is employed by,
7 working for or operates a nonconsent towing company, must have physical possession of
8 a derelict motor vehicle certificate, transferred title or certificate of destruction for such
9 vehicle.
10 R. It shall be a violation of this Ordinance for any non-consent towing company to fail to
11 respond in writing within ten (10) business days to any written inquiry or request for
12 information from the Division or any law enforcement agency.
13
14 Section 17. Consent-Only Towtruck Company Reauirements.
15 A. It shall be a violation of this Ordinance for any towtruck company that has been issued a
16 Consent-Only Towing Operating Permit to perform non-consent towing services.
17 B. Consent-Only towtruck companies providing services pursuant to this Ordinance shall
18 not do so when there is a person occupying the vehicle/vessel.
19 C. Consent-Only towtruck companies providing services pursuant to this Ordinance shall
20 transport the vehicle/vessel directly to the location specified by the vehicle owner or duly
21 authorized agent.
22 D. It shall be a violation of this Ordinance for any consent-only towing company to fail to
23 respond in writing within ten (10) business days to any written inquiry concerning public
24 safety from the Division or any law enforcement agency.
25
26 SECTION 18. Maximum Non-Consent Towin2 and Storag:e Rates for Non-
27 Consent Tow Services.
28
29 A. The Commission shall, by Resolution establish maximum rates, as may be amended from
30 time to time, for nonconsent towing services as follows:
31 1. Towing service per call, which shall include the fIrst thirty (30) minutes that the
32 towtruck is actually on the scene engaged in the safe removal of a vehicle/vessel.
33 2. Mileage (per towed mile) according to Section 715.07, Florida Statutes.
34 3. Storage may be charged only after the vehicle has been in the storage facility for
35 at least 6 hours. If the vehicle was not recovered by the vehicle/vessel owner or
36 authorized driver/agent after the 6-hour time period has elapsed, then storage
37 charges shall accrue in 24-hour increments from the time the vehicle/vessel
38 arrived in the storage facility and:
39 a. The police agency has authorized the vehicle/vessel to be impounded, or
40 b. The appropriate police agency has been notified by the towtruck company
41 that the towtruck company is in possession of a vehicle/vessel as a result
42 of a private property impound.
43 4. Indoor storage rates may only be charged upon the express direction and written
44 authorization of the owner/authorized driver/agent, lien holder, insurance
45 company representative or investigating police agency. The only exceptions to
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Palm Beach County Towtruck Ordinance 2010-001
I this rule are:
2 a, When the condition of the vehicle requires indoor storage due to inclement
3 weather conditions or the vehicle's window(s) and/or convertible top is
4 down and cannot be raised and indoor storage is necessary to protect the
5 vehicle and its contents, or
6 b. When a municipal or county jurisdiction require indoor storage for towed
7 vehicles.
8 5. An AdministrativeILien Fee shall only be charged after the vehicle/vessel has
9 been in the storage facility for at least twenty-four (24) hours and:
10 a. The police agency has authorized the vehicle/vessel to be impounded, or
11 b, The police agency has been notified by the towtruck company that the
12 towtruck company is in possession of a vehicle/vessel as a result of a
13 private property impound.
14 c. The non-consent towtruck company must show proof that lien letter(s)
15 have been prepared with the appropriate names/addresses (i.e., U.S. Mail
16 Certification Number, correspondence copies, etc.) and that actual fees for
17 obtaining required ownership information have been expended. Failure to
18 document and provide all of the above required information will result in
19 administrative/lien fee charges being removed from the total cost of the
20 service/invoice and is a violation of this Ordinance.
21 6. Underwater recovery performed by a certified/professional diver with the written
22 documentation and approval of the investigating law enforcement agency/officer.
23 7. Hazardous material clean-up and disposal as required, mandated and/or licensed
24 through federal, state or local laws and approved by the investigating law
25 enforcement agency/officer.
26 8. After-hour Gate fees may not be applied between the hours of 8 a.m. and 6 p.m.
27 Monday through Friday (excluding federal holidays) and not for six (6) hours
28 after a vehicle has been impounded all other times when:
29 a. Impounded vehicles/vessels are recovered by the owner or authorized
30 driver/agent; or
31 b. The owner or authorized driver/agent wishes to recover property from an
32 impounded vehicle/vessel.
33 9. Extra Time at Scene/Labor Charge may be applied when any extra time beyond
34 one-half hour, is needed to safely remove a vehicle or vessel and includes the
35 amount of time spent at a scene when a towtruck has been summoned and is on
36 scene but unable to proceed through no fault of the towtruck operator. All extra
37 time/labor shall be documented by the towtruck driver and shall include the name
38 of the law enforcement agency and the law enforcement agency case number or
39 the officer's name and badge number. The documentation shall also include a
40 detailed explanation of the services rendered which necessitated the charges and
41 if possible photographs of the scene. Extra time shall be charged in 15-minute
42 increments. Failure to document and provide all of the above required
43 information will result in the extra time/labor charges being removed from the
44 total cost of the service/invoice and is a violation of this Ordinance.
45 B. All rates established shall be uniform throughout Palm Beach County both in the
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Palm Beach County Towtruck Ordinance 2010-001
1 incorporated and unincorporated areas, except where municipalities have established
2 differing maximum rates for their jurisdictions. From time to time, the rates established
3 by the Commission may be revised in accordance with a rate study.
4 C. Persons who provide services pursuant to this section shall not charge in excess of the
5 maximum allowable rates established by the Commission. No person providing services
6 pursuant to this section shall charge any type of fee other than the rates for which the
7 Commission has specifically established. Towtruck companies which tow
8 vehicles/vessels from Palm Beach County into another county shall abide by the terms of
9 this Ordinance including all rates and charges adopted by the Commission.
10 D. Towtruck companies which provide services pursuant to this section shall display on the
11 same sign as the rate schedule required by this Ordinance the following statement:
12 To The VehicleNessel Owner
13 If you believe that you have been overcharged for the services rendered, you do
14 not have to pay your bill to get your vehicle/vessel. Instead, you have the right to
15 post a bond in the Circuit Court, payable to (name of Towtruck Company), in the
16 amount of the final bill for services rendered, and to file a complaint within ten
17 (10) days of the time you have knowledge of the location of the vehicle/vessel.
18 The Court will decide later who is correct. If you show (name of Towtruck
19 Company) a valid Clerk's certificate showing you have posted a bond, (name of
20 Towtruck Company) must release your vehicle/vessel to you immediately. This
21 remedy is in addition to other legal remedies you may have. Section 713.76 and
22 Section 713.78, Florida Statutes.
23
24 If you have a complaint about the way services were provided, you may call the
25 Palm Beach County Consumer Affairs Division, (561) 712-6600.
26
27 E. Each towtruck company shall maintain, on a form approved by the Division, a rate sheet
28 specifying all rates and charges, which shall be given by the towtruck driver to the
29 requesting vehicle/vessel owner or his authorized driver/agent prior to commencing the
30 servIce.
31
32 Section 19. Towtruck Driver Reauirements: Failure to Comuly
33 A. It shall be unlawful for any person to operate any towtruck within and upon the streets of
34 Palm Beach County without having fIrst obtained a Palm Beach County Towtruck
35 Driver's identification badge (Tow Driver's 1.D. Badge). All applicants for a Tow
36 Driver's 1.0. Badge shall conform to the following:
37 1. Be at least eighteen (18) years of age;
38 2. Possess a valid State of Florida Driver's License as required by the Florida
39 Department of Highway Safety and Motor Vehicles and must show proof that
40 he/she has possessed a valid driver's license from any state within the United
41 States for three (3) years (2 years for drivers younger than 21 years old) prior to
42 applying for a Tow Driver's 1.D. Badge. If a person has not driven for three (3)
43 years in the United States, he/she must obtain the driving record from any other
44 jurisdictions where he/she did drive or if he/she is unable to obtain the driving
45 record, must sign an affidavit under penalty of peIjury that he/she has no driving
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Palm Beach County Towtruck Ordinance 2010-001
1 record which would prevent him/her from driving a towtruck in Palm Beach
2 County, Florida;
3 3. The driver must provide the original form of his /her lifetime State ofPlorida
4 Department of Highway Safety and Motor Vehicles traffic/driving record report
5 to the Division which was secured no more than thirty (30) days before the
6 application/renewal was submitted, only if the Division is unable to secure this
7 required information. Upon initial application, if a driver has resided in Florida
8 less than five (5) consecutive years, a traffic/driving recordlhistory from each
9 state where he/she previously resided must be provided for at least a five year
10 period;
11 4. Has not had more than three (3) or more separate incidents involving moving
12 violations in any twelve (12) month period in the previous three (3) years prior to
13 the initial application or renewal of a Tow Driver's 1.D. Badge in which the
14 applicant pled guilty, was found guilty or adjudication was withheld.
15 5. Has not been classified as a habitual traffic offender (as defmed by Florida
16 Statutes) or as defined by the state where he/she previously resided within five (5)
17 years of applying for a Tow Driver's 1.0. badge and was not previously issued a
18 Tow Driver's 1.0. Badge by the Division;
19 6. Upon initial application or renewal, the driver must provide the original request
20 form for his/her Florida Department of Law Enforcement (FDLE) criminal
21 history/records report to the Division, as well as payment for the amount required
22 to secure the criminal history/records report. The Division shall then be
23 responsible for processing the request and payment to the FDLE. The Division
24 may conduct additional criminal history/records reports of other
25 states/jurisdictions as deemed appropriate. The Division may require an applicant
26 to submit to a finger print analysis if there is a question of identity. The
27 Commission may approve a different means of securing the required criminal
28 history/records should an alternative agency/system be discovered that provides
29 more complete information than that provided by the FDLE.
30 7. Have no conviction or plea of guilty or nolo contendere, regardless of
31 adjudication of guilt, within the preceding five (5) years from the date of
32 application for any offense related to driving a motor vehicle under the influence
33 or while intoxicated.
34 8. Have no more than one conviction or plea of guilty or nolo contendere, regardless
35 of adjudication of guilt, within the preceding ten (10) years from the date of
36 application for any offense related to driving a motor vehicle under the influence
37 or while intoxicated.
38 9. Have no more than two (2) traffic citations resulting from accidents in the three
39 (3) years preceding the date of the current permit year wherein the driver has been
40 found guilty.
41 10. Has not been required to register as a sexual offender in any government
42 jurisdiction.
43 11. Have no conviction or plea of guilty or nolo contendere, regardless of
44 adjudication of guilt, within the preceding three (3) years from the date of
45 conviction or release from incarceration (whichever is later) if the applicant's
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Palm Beach County Towtruck Ordinance 2010-001
1 civil rights have not been restored, including but not limited to the following ftrst-
2 degree misdemeanors determined by the Commission to be necessary for the
3 protection of public safety: stalking, battery, driving while license is suspended or
4 revoked, exposure of sexual organs, carrying a concealed weapon, reckless
5 driving which causes damage to property, racing on highway, criminal possession
6 of a controlled substance/paraphernalia, luring or enticing a child under twelve
7 (12), or obscenity (selling/distributing sexual material to minor). In the event the
8 applicant's civil rights have been restored, the 1.D. Badge may be denied or
9 revoked if the crime committed is deemed to be directly related to operating a
10 towtruck or towing business.
11 12. Have no conviction or plea of guilty or nolo contendere, regardless of
12 adjudication of guilt, within the preceding five (5) years from the date of
13 conviction or release from incarceration (whichever is later) if the applicant's
14 civil rights have not been restored, including but not limited to the following
15 felonies determined by the Commission to be necessary for the protection of
16 public safety: battery, carrying a concealed weapon, robbery (not armed),
17 burglary (not 1 st degree), repossession of a motor vehicle under Chapter 493,
18 repair ofa motor vehicle under ss. 559.901-559.9221, F.S., theft of a motor
19 vehicle under s. 812.014, F.S., catjacking under s. 812.133, F.S., operation of a
20 chop shop under s. 812.16, F.S., overcharging for repairs and parts for insurance
21 purposes under 860.15, F.S., criminal sale ofa controlled substance, criminal
22 possession of controlled substance/paraphernalia, obscenity (selling/distributing
23 sexual material to a minor or exchanging computer pornography with a minor), a
24 habitual felony offender, aggravated assault, child abuse/neglect, reckless driving
25 with serious bodily injury, fleeing/attempting to elude a law enforcement officer,
26 aggravated fleeing or eluding a law enforcement officer causing serious body
27 injury, luring or enticing a child under twelve (12) (2nd conviction), resisting an
28 officer with violence, procuring a person under eighteen (18) for prostitution,
29 selling or buying minors for sex trafficking/prostitution,
30 forcing/compelling/coercing a person for prostitution, or abuse/aggravated
31 abuse/neglect of an elderly person or a disabled adult. The Division may require
32 applicants to provide the final disposition for felony criminal cases on
33 background checks received by the Division from any source. Failure to provide
34 the disposition of such cases shall result in the denial ofa Tow Driver's 1.0.
35 badge. In the event the applicant's civil rights have been restored, the 1.0. Badge
36 may be denied or revoked if the crime committed is deemed to be directly related
37 to operating a towtruck or towing business.
38 13. Have no conviction, plea of guilty, nolo contendere or adjudication withheld of
39 any of the following offenses determined by the Commission to be necessary for
40 the protection of public safety, if the applicant's civil rights have not been
41 restored. In the event the applicant's civil rights have been restored, the 1.0.
42 Badge may be denied or revoked if any of the following crimes committed are
43 deemed to be directly related to operating a towtruck or towing business:
44 (a) Murder, attempted murder, attempted felony murder, manslaughter, (F.S.
45 Chapter 782)
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Palm Beach County Towtruck Ordinance 20 I 0-00 I
1 (b) DUI manslaughter (F. S. 316.193(3));
2 (c) Sexual battery, attempted sexual battery (F.S. 794.011);
3 (d) Lewd or lascivious battery, attempted lewd or lascivious battery, lewd or
4 lascivious molestation, lewd or lascivious conduct, or lewd or lascivious
5 exhibition (F.S. Chapter 800);
6 (e) Lewd or lascivious offense upon or in the presence of an elderly or
7 disabled person, attempted lewd or lascivious offense upon or in the
8 presence of an elderly or disabled person (F.S. 825.1025);
9 (f) Sexual performance by a child, attempted sexual performance by a child
10 (F.S. 827.071);
11 (g) Aggravated child abuse (F.S. 827.03);
12 (h) Failure to register as a sexual predator (F.S. 775) or sexual offender (F.S.
13 943.0435);
14 (i) Computer pornography, transmission of computer pornography, buying or
15 selling of minors (F.S. Chapter 847);
16 (j) Kidnapping, attempted kidnapping, false imprisonment, or luring and
17 enticing a child (F.S. Chapter 787);
18 (k) Aggravated battery, attempted aggravated battery (F.S. 784);
19 (1) Armed robbery, attempted armed robbery, catjacking, attempted
20 catjacking, home invasion, attempted home invasion (F.S. Chapter 812);
21 (m) Poisoning of food or water (F.S. 859.01);
22 (n) First degree burglary or attempted fIrst degree burglary (F.S. 810.02):
23 (0) Arson or attempted arson (F.S. 806.01);
24 (p) Aggravated stalking (F.S. 784.048);
25 (q) Aggravated battery or aggravated assault on a law enforcement officer or
26 other specified officer (F.S. 784.07);
27 (r) Aircraft piracy (F.S. 860.16);
28 (s) Unlawful throwing, projecting, placing, or discharging of any destructive
29 device or bomb or attempting to do so (F. S. 790.161);
30 (t) Facilitating or furthering terrorism (F.S. 775.31);
31 (u) Treason (F.S. 876.32);
32 (v) Any offense committed in another jurisdiction that would be an offense
33 listed in this paragraph ifthat offense had been committed in the State of
34 Florida.
35 14. In addition, the person has not been declared to be one of the following:
36 (a) A Habitual Violent Felony Offender under F.S. 775.084(l)(b);
37 (b) A Three-time Violent Felony Offender under F.S. 775.084(1)(c);
38 (c) A Violent Career Criminal under F.S. 775.084;
39 (d) A Prison Releasee Reoffender under F.S. 775.082(9)(a);
40 (e) A Sexual Predator under F.S. 775.21;
41 15. A towtruck driver with a current 1.0. badge is required to notify the Division
42 within ten (10) business days upon being convicted of any crime.
43 16. Applicants shall have no unsatisfied civil penalties, judgments or administrative
44 orders pertaining to this Ordinance.
45 17. Every application or renewal application for a Tow Driver's 1.D. badge and
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Palm Beach County Towtruck Ordinance 2010-001
1 application for amendment ofa Tow Driver's 1.0. badge, shall be in writing and
2 signed by the applicant and shall be flIed with the Palm Beach County Division of
3 Consumer Affairs on a form provided by the Division together with the non-
4 refundable Tow Driver's 1.0. badge fees which shall not be subject to proration.
5
6 Each Tow Driver's 1.D. badge shall be valid for a two-year period and shall be
7 renewed every other year on the applicant's date of birth. The Division may deny
8 or revoke a Tow Driver's 1.D. badge if it is determined that the applicant has
9 misrepresented, omitted, or concealed a fact on the application, renewal
10 application or replacement application. If the Tow Driver's 1.D. badge is denied,
11 the DCA shall not accept an application for said Tow Driver's 1.D. badge for one
12 (1) year from the date the badge is denied, unless there is less than one (1) year to
13 satisfy the time restrictions in paragraph (1) above related to the following
14 subparagraphs: (d), (e), (g), (h), (i), (j), or (k). In such situations, the applicant
15 will be permitted to reapply for a Tow Driver's I.D. badge after the time
16 requirements have been satisfied. If the Tow Driver's 1.D. badge is revoked, the
17 DCA shall not accept an application for said Tow Driver's 1.D. badge for one (1)
18 year from the date the badge is revoked. Any person renewing a Tow Driver's
19 1.0. badge must flIe a renewal application, furnish the documentation requested
20 by the Division, and submit payment for the required non-refundable renewal
21 fee(s) not more than ninety (90) days before the expiration date of a Tow Driver's
22 1.0. badge. Persons who fail to reapply for their Tow Driver's 1.D. badge thirty
23 (30) days prior to expiration, risk having a gap in their authorization to drive a
24 towtruck. Persons who fail to submit their renewal application, required
25 documentation and fees by the expiration date of the Tow Driver's 1.0. badge
26 must pay a non-refundable late fee, over and above the Tow Driver's 1.D. Badge
27 fee. Any applicant who fails to submit a renewal application within one (1) year
28 of the expiration of a current badge will be considered a new applicant when
29 reapplying and no grandfathered provisions will apply. Said fees shall be
30 established by resolution of the Commission;
31 18. Shall submit to photographing (full face exposure/without sunglasses or head
32 coverings) prior to the issuance of the Tow Driver's 1.D. badge by the Division;
33 19. Complete the Tow Driver's 1.D. badge registration affidavits provided by the
34 Division;
35 20. Not possess a suspended or revoked driver's license as a result of a moving
36 violation or have any outstanding and unsatisfied civil penalties, citations or
37 judgments imposed due to violations of this Ordinance;
38 21. Not violate the terms of a cease and desist order, assurance of voluntary
39 compliance, notice to correct a violation or any other lawful order of the Director;
40 22. Not be enjoined by a court of competent jurisdiction from engaging in the towing
41 business or was enjoined by a court of competent jurisdiction with respect to any
42 of the requirements of this Ordinance;
43 23. Have no conviction or plea of guilty or nolo contendere regardless of adjudication
44 of guilt in any military or foreign jurisdiction, federal, state, county or municipal
45 jurisdiction within the United States for violations analogous or parallel to those
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Palm Beach County Towtruck Ordinance 2010-00 I
1 violations enumerated in all sections herein.
2 B. The driver of a tow truck shall conspicuously display on the driver's person through the
3 use of a neck lanyard, or above the waist on the outermost garment, the Tow Driver's
4 I.D. badge issued pursuant to this Ordinance so that it is visible and available for
5 inspection to the public, Division personnel and all law enforcement officials while
6 engaged and on duty for a tow truck company.
7 C. Each Tow Driver's I.D. badge shall be developed by the Division. Each driver's I.D.
8 badge shall, at a minimum, contain the name of the driver, date of expiration, photo of
9 the driver, and such additional terms, conditions, provisions and limitations as were
10 imposed during the approval process. Each company for which a driver will be driving
11 must submit an affidavit (on a form prepared by the Division) or documentation from the
12 insurance company (fax acceptable) that the driver is eligible to be insured under the
13 company's insurance policy.
14 D. The Division may issue a replacement Tow Driver's 1.D. badge to any driver upon
15 payment of a non-refundable replacement fee, presentation of proof or a sworn affidavit
16 that the driver's I.D. badge has been lost, stolen or for any other valid reason, and any
17 other documentation or requirement requested by the Division. The replacement fee shall
18 be established by resolution of the Board.
19 E. It shall be unlawful for any person to drive a towtruck unless such person has a valid
20 Tow Driver's I.D. badge issued pursuant to this Section.
21 F. It shall be unlawful for any person to drive a towtruck for any towtruck company which
22 has not been granted an operating permit pursuant to Section 4 (Operating Permit
23 Required) of this Ordinance.
24 G. It shall be unlawful for any applicant for a Tow Driver's I.D. badge to misrepresent, omit
25 or conceal a fact on the application, renewal application or replacement application.
26 H. Upon submission of the application, the Division shall provide the driver with a receipt.
27 No applicant shall be permitted to drive a towtruck in Palm Beach County until the
28 Division has issued to him/her a Tow Driver's I.D. badge. The Division shall provide the
29 Tow Driver's I.D. badge within ten (10) business days following the submittal of the
30 application and all required documents. In the event the official criminal background
31 records furnished to the Division are insufficient and additional information is necessary,
32 the Division shall be permitted an additional twenty (20) business days to issue the
33 driver's 1.D. badge. The Division will process applications on a more timely basis when
34 the required certified/original criminal and driving background records are submitted
35 with the initial application and an additional rush fee is paid to the Division. Such fee
36 must be approved by the Commission.
37 I. Non-consent towtruck drivers must be hygienically clean, well groomed and neat.
38 Drivers are not permitted to wear open toed shoes and must comply with all state and
39 federal (e.g., O.S.H.A.) safety regulations. Non-consent towtruck drivers are not
40 permitted to wear uniforms purporting to be from a different company or business than
41 the one they actually work or drive for. Failure to abide by these requirements is a
42 violation of this Ordinance.
43 J. Non-consent towtruck drivers shall not use abusive language or be discourteous to
44 consumers or Division personnel.
45 K. Non-consent towtruck drivers must be able speak and understand English to the extent
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Palm Beach County Towtruck Ordinance 2010-001
1 they can take instruction from law enforcement officers and consumers and complete
2 manifests or invoices.
3 L. Drivers shall cooperate fully at all times with the Division in the furnishing of
4 information required in connection with requests for proof of driver's license, vehicle
5 insurance and/or Tow Driver's 1.0. badge, during the process of applying to renew a Tow
6 Driver's 1.D. badge, and during investigations of consumer complaints. Further, drivers
7 shall not obstruct, hamper or interfere with an investigation of violations of this
8 Ordinance conducted by Division personnel, any law enforcement officer or employee of
9 any other agency enforcing this Ordinance.
10 M. No person maintaining, owning, or operating a towing company shall suffer or permit
11 any person or employee to drive a towtruck unless such person has a valid Tow Driver's
12 1.0. badge issued pursuant to this Ordinance. This paragraph shall not apply to a towing
13 company which is training a prospective driver. Such prospective driver must be
14 accompanied by and working under the direct supervision of a company employee who is
15 in possession of a valid Tow Driver's I.D. badge.
16 N. Failure to comply with the provisions of this Section may result in the Division denying a
17 Tow Driver 1. D. badge, revoking or suspending the Tow Driver's 1.D. badge, denying a
18 renewal of such Tow Driver's 1.D. badge, issuing a civil citation, a misdemeanor
19 conviction or other such remedies available to the Division herein.
20 O. Start-Up - Any person acting, on the effective date of this Ordinance as a towtruck driver
21 defmed under the terms of this Ordinance, shall be subject to the terms ofthis Ordinance
22 as of the effective date of this Ordinance. Any such person must submit an initial
23 application for a Tow Driver's 1.0. badge up to thirty (30) days prior to hislher date of
24 birth but in any case no later than hislher date of birth. Any person who has submitted an
25 initial application for a Tow Driver's 1.0. Badge by hislher date of birth shall be
26 permitted to continue acting as a towtruck driver as described in Paragraph I above.
27
28 Section 20. Fraudulent Transfer of Towtruck Company.
29 A transfer of a towtruck company to a successor company shall be deemed a fraudulent transfer
30 if said transfer is made by the towtruck company for the purpose of evading permit fees or civil
31 penalties issued pursuant to this Ordinance. In determining intent to defraud, consideration may
32 be given among other factors to, whether:
33 A. The transfer was to an insider;
34 B. The towtruck company retained possession or control of the property transferred after the
35 transfer;
36 C. The transfer was disclosed or concealed;
37 D. Before the transfer was made or obligation was incurred, the towtruck company had been
38 sued or threatened with suit;
39 E. The transfer was of substantially all the towtruck company's assets;
40 F. The value of the consideration received by the towtruck company was reasonably
41 equivalent to the value of the asset transferred or the amount of the obligation incurred;
42 G. The towtruck company was insolvent or became insolvent shortly after the transfer was
43 made or the obligation was incurred;
44 H. The transfer occurred shortly before or shortly after substantial permit fees or civil
45 penalties were incurred; and
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Palm Beach County Towtruck Ordinance 20 I 0-00]
1 I. The towtruck company transferred the essential assets of the business to a lienor who
2 transferred the assets to an insider of the towtruck company.
3 J. It shall be a violation of this Ordinance for a towtruck company to fraudulently transfer a
4 towtruck company.
5
6 Section 21. Deceptive and Unfair Trade Practices.
7 No person shall engage in any unfair method of competition, unconscionable acts or practices or
8 unfair or deceptive acts or practices in the conduct of towing services. A towtruck company
9 engages in an unfair method of competition or unfair or unconscionable acts or deceptive
10 practices when in the course of his or her business, vocation or occupation, he or she knows or in
11 the exercise of care should know, that he or she in the past engaged or is now engaging in any
12 unfair method of competition or unconscionable acts or practices or unfair or deceptive acts or
13 practices in the conduct of any towing services.
14
15 Section 22. Cease and Desist Order.
16 A. If the Division, after due investigation, has reason to believe that a towtruck company has
17 been or is violating any of the provisions of this Ordinance, then the Division may cause
18 to be served by personal service, certified mail or posting in a conspicuous place at the
19 towtruck company's place of business, a demand to cease and desist, stating the charges
20 and shall incorporate and set out the following:
21 1. The name of the complainant;
22 2. The alleged charge and approximate date of the commission of the act;
23 3. The section of the ordinance alleged to be involved.
24 B. Any towtruck company which has been issued a cease and desist order by the Division
25 may appeal such order to the Consumer Affairs Hearing Board/Hearing Officer within
26 twenty (20) days of receipt of the order. A nonrefundable f1ling fee must accompany the
27 written request for appeal. The filing fee shall be established by resolution of the
28 Commission. The appeal shall be reviewed at a hearing of the Consumer Affairs Hearing
29 Board/Hearing Officer within sixty (60) days of receipt by the Division of the request for
30 appeal.
31 C. The Board shall keep a full record of the hearing, which record shall be public and open
32 to inspection by any person, and upon request, the Board shall furnish such party a copy
33 of the hearing record, at such cost as the Commission deems appropriate.
34 D. Procedure at hearings: At the hearing, the towtruck company may be represented by
35 counsel and may bring all original documents and other data pertinent to the case; and
36 will be given an opportunity to present witnesses and evidence he or she may deem
37 appropriate.
38 E. The Consumer Affairs Hearing Board/Hearing Officer shall hear the cases on the agenda.
39 All testimony shall be under oath or by affirmation and shall be recorded. Each case
40 before the Consumer Affairs Hearing Board/Hearing Officer shall be presented by the
41 Division. The Consumer Affairs Hearing Board/Hearing Officer shall take testimony
42 from County staff, if relevant, the alleged violator, and other relevant testimony. Formal
43 rules of evidence shall not apply, but fundamental due process shall be observed and
44 govern the proceedings. Upon determination of the chairperson, irrelevant, immaterial or
45 unduly repetitious evidence may be excluded, but all other evidence of a type commonly
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Palm Beach County Towtruck Ordinance 2010-001
1 relied upon by reasonably prudent persons in the conduct of their affairs shall be
2 admissible, including hearsay evidence, whether or not such evidence would be
3 admissible in a trial in the courts of Florida. Due regard shall be given to the competent,
4 reliable and technical evidence which will aid the Consumer Affairs Hearing
5 Board/Hearing Officer in making a fair determination of the matter, regardless of the
6 existence of any common law or statutory rule which might otherwise make improper the
7 admission of such evidence.
8 F. Any member of the Consumer Affairs Hearing Board/Hearing Officer or the attorney
9 representing the Division may inquire of or question any witness before the Consumer
10 Affairs Hearing Board/Hearing Officer. The alleged violator, or hislher attorney, shall be
11 permitted to inquire of any witness before the Consumer Affairs Hearing Board/Hearing
12 Officer. The right to cross examine witnesses shall be preserved.
13 G. At the conclusion of the hearing, the Consumer Affairs Hearing Board/Hearing Officer
14 shall orally render its decision (order) based on evidence entered into the record. The
15 decision shall be by motion approved by the affrrmative vote of those members present
16 and voting. The Consumer Affairs Hearing Board/Hearing Officer's decision shall be
17 transmitted to the towtruck company in the form of a written order including finding of
18 facts, and conclusion of law consistent with the record. The order shall be transmitted by
19 certified maillhand delivery/posting to the towtruck company within ten (10) days after
20 the hearing. The order may include a notice that it must be complied with by a specified
21 date.
22 H. Any person may appeal a fmal determination of the Consumer Affairs Hearing
23 Board/Hearing Officer within thirty (30) days of the rendition of the decision by flIing a
24 petition for writ of certiorari in the Circuit Court of the Fifteenth Judicial Circuit in and
25 for Palm Beach County, Florida.
26
27 Section 23. Assurance of V oluntafY Compliance.
28 A. In the enforcement of this Ordinance, the Division may accept an assurance of voluntary
29 compliance with respect to any method, act, or practice deemed to be violative of law
30 from any person who has engaged, or was about to engage in, such method, act, or
31 practice. Any such assurance shall be a formal written agreement between the Division
32 and the towtruck company, approved as to form and legal sufficiency by the County
33 Attorney's Office, and flIed with the Clerk of the Circuit Court of the Fifteenth Judicial
34 Circuit. Such assurances of voluntary compliance may be conditioned on a commitment
35 to reimburse consumers or any other appropriate corrective action such as the payment
36 by the towtruck company of the costs of the investigation by the Division. An assurance
37 of voluntary compliance is not evidence of prior violation of this part, however, unless an
38 assurance of voluntary compliance has been rescinded by agreement of the parties or
39 voided by the Court for good cause, subsequent failure to comply with the terms of an
40 assurance of voluntary compliance shall be deemed prima facie evidence of a violation of
41 this Ordinance. No such assurance of voluntary compliance shall act as a limitation upon
42 any action or remedy available to a person aggrieved by a violation of this Ordinance.
43 B. Every towtruck company desiring to negotiate an assurance of voluntary compliance
44 shall be apprised of his or her right to have his or her case heard by the Consumer Affairs
45 Hearing Board/Hearing Officer in the event he or she does not wish to enter into such
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Palm Beach County T owtruck Ordinance 2010-00 I
1 assurance of voluntary compliance.
2
3 SECTION 24. Enforcement and Penalties: Civil and Criminal.
4 A. It shall be unlawful for any person to violate any of the provisions of this Ordinance.:. This
5 Ordinance shall be enforced by personnel authorized by the Division, county code
6 enforcement officials, the police agencies of the various municipalities in Palm Beach
7 County and by the Palm Beach County Sheriffs Office. When specifically authorized by
8 the Director, this Ordinance may be enforced by other Palm Beach County personnel.
9 B. Persons who provide services pursuant to this Ordinance shall not use physical force or
10 violence or threats of physical force or violence in dealing with the individuals
11 responsible for administering this Ordinance or individuals who have had or are about to
12 have their vehicles/vessels recovered, towed or removed or stored in connection
13 therewith.
14 C. The County Court shall have jurisdiction over all violations of this Ordinance.
15 D. The Division shall maintain a system by which violators are given citations or written
16 notice of all violations. The County Clerk shall accept designated fines and issue receipts
17 therefore.
18 E. The Division is authorized to enforce the provisions of this Ordinance by administrative
19 fmes not to exceed five hundred dollars ($500.00) for each violation. Any person who
20 has violated any provision of this Ordinance shall be fined an amount as established by
21 the Commission by Resolution. Each day of a continuing violation shall be deemed a
22 separate violation.
23 F. Payment shall be made, either by mail or in person, to the Violations Bureau within the
24 time specified upon the citation. If a person follows these procedures, he shall be deemed
25 to have admitted to the infraction and to have waived his/her right to a hearing on the
26 issue of the commission of the infraction.
27 G. All fmes collected as a result of said citations (except those fmes collected as a result of
28 citations issued by municipal law enforcement officers, which shall be remitted by the
29 Clerk of the Court directly to the municipality issuing the citation) shall be paid into the
30 County Treasury and deposited into the designated fund for the Division. All mandatory
31 costs as required by statute shall be assessed against every person convicted of a
32 violation of this Ordinance.
33 H. Any person who fails to make payments within the time period specified on the citation
34 shall be deemed to have waived hislher right to pay the civil penalty as set forth in the
35 citation and shall appear before the County Court.
36 I. Any person who elects to appear before the court to contest the citation shall be deemed
37 to waive hislher right to pay the civil penalty. The court, after a hearing, shall make a
38 fmding as to whether a violation has occurred and may impose a civil penalty not to
39 exceed five-hundred dollars ($500.00) plus court costs.
40 J. If a person fails to pay the civil penalty or fails to appear in court to contest the citation,
41 slhe shall be deemed to have waived hislher right to contest the citation and, in such case,
42 a default judgment shall be entered and the judge shall impose a fme at that time an order
43 to show cause may be issued. If the fine is paid, the case shall be dismissed. If the fme is
44 not paid, judgment may be entered up to the maximum civil penalty of five-hundred
45 dollars ($500.00) plus court costs
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Palm Beach County Towtruck Ordinance 2010-001
1 K. Any person who refuses to sign and accept a citation issued pursuant to this Ordinance
2 shall be guilty of a misdemeanor of the second degree, punishable as provided by
3 sections 775.082, 775.083 or 775.084, Florida Statutes.
4 L. The Division may require mandatory court appearances for violations resulting in the
5 issuance of a third or subsequent citation to a person. The citation shall clearly inform
6 the person of the mandatory court appearance. The Division shall maintain records to
7 prove the number of citations issued to the person. Persons required to appear in court do
8 not have the option of paying the fme instead of appearing in court.
9
10 SECTION 25. Administrative Enforcement_ Denial_ Revocation and
11 Suspension of Operatin2 Permits.
12
13 A. The Director is authorized to deny, suspend or revoke operating permits, towtruck decals,
14 upon written notice. Towtruck companies are subject to denial, suspension or revocation
15 when it appears that:
16 1. The towtruck company and/or driver has failed to comply with or has violated the
17 provisions of this Ordinance;
18 2. The towtruck company has failed to comply with or has violated the provisions of
19 Chapter 323 F.S., s. 713.78 and 715.07, F.S.;
20 3. The operating permit was obtained by an application in which any material fact
21 was omitted or falsely stated;
22 4. Any towtruck or equipment owned or operated by the towtruck company and
23 issued a decal pursuant to the Ordinance has been operating in violation of this
24 Ordinance or any provision of law.
25 5. In addition, an operating permit issued pursuant to this Ordinance may be
26 suspended or revoked when the Director receives written notification that
27 towtruck company, towtruck operator's officer, director or partner pled nolo
28 contendere, pled guilty or has been convicted of any crime designated as a felony
29 (as referenced in Section S.C. 1. [New Applications/Renewals and Issuance of
30 Towing Operating Permit; Fees] of this Ordinance); any crime relating to motor
31 vehicles; or any crime involving the sale or possession of controlled substances as
32 defmed by the Florida Rico Act, section 893.03, Florida Statutes, regardless of
33 whether adjudication has been withheld. The only exception to this rule is where
34 the civil rights of such individual has been restored.
35 6. Notwithstanding other suspension, revocation or denial procedures included in
36 this Ordinance, three (3) or more violations of this Ordinance which resulted in
37 civil fmes/penalties, judgments or administrative orders entered by the Division
38 and/or a conviction or plea of guilty or nolo contendere resulting from three
39 separate incidents/complaints within a twelve (12) month period shall result in the
40 revocation, suspension or denial of an operating permit for a period of three to
41 five business days. The company is required to pay an administrative reactivation
42 fee established by resolution of the Commission before any towing services can
43 resume in Palm Beach County. Any company found operating during a period of
44 suspension, revocation or denial shall have its operating permit revoked for a
45 period of one (1) year.
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Palm Beach County Towtruck Ordinance 2010-00 i
1 7 Notwithstanding other suspension, revocation or denial procedures included in
2 this Ordinance, four (4) or more violations of this Ordinance which resulted in
3 civil fmes/penalties, judgments or administrative orders entered by the Division
4 and/or a conviction or plea of guilty or nolo contendere resulting from four
5 separate incidents/complaints within a twelve (12) month period shall result in the
6 revocation, suspension or denial of an operating permit for a period of six to 10
7 business days. The company is required to pay an administrative reactivation fee
8 established by resolution of the Commission before any towing services can
9 resume in Palm Beach County. Any company found operating during a period of
10 suspension, revocation or denial shall have its operating period revoked for a
11 period of one (1) year.
12 8. Failed to comply with the terms of a cease and desist order, notice to correct a
13 violation, written assurance of voluntary compliance, or any other lawful order of
14 the Director, the Division, or the Consumer Affairs Hearing Board and/or Hearing
15 Officer.
16 9. Failed to obtain or maintain insurance as required by this Ordinance.
17 10. Misrepresented or concealed a fact on the application, renewal application, or
18 replacement application for a license.
19 11. Engaged in any conduct as a part of the performance of any contract for service
20 which constitutes a deceptive and unfair trade practice or fraud.
21 B. Any company which has violated this Ordinance as provided for in this section, may have
22 its operating permit suspended by action of the Division Director for a period not to
23 exceed thirty (30) days. In such cases the Director shall provide written notice to the
24 company at least ten (10) days prior to the effective date of the suspension. Any
25 company which decides to appeal the suspension by the Director, must submit the written
26 request for an appeal and applicable appeal fee to the Consumer Affairs Division within
27 that ten (10) day period. The written appeal will then effect a "stay" on the suspension
28 until the Consumer Affairs Hearing Board/Special Master makes a fmal determination as
29 to the merits of the suspension. The appeal hearing shall be conducted as provided for in
30 Section 27 (Hearings and Appeals). If the Hearing Board/Special Master affirms the
31 action of the Director, the suspension becomes effective the day following the decision of
32 the Hearing Board/Special Master.
33 C. Any company which has had its operating permit suspended for a specific Ordinance
34 deficiency but fails to correct that deficiency after thirty (30) days shall have such
35 operating permit revoked for a period of one (I) year from the date of the revocation
36 notice. Such revocation may be appealed as provided for in Section 27,
37
38 Section 26. Additional Penalties.
39 Failure to comply with the requirements of this Ordinance shall also constitute a violation of this
40 Ordinance, and the Consumer Affairs Ordinance of Palm Beach County (No. 77-10, as
41 amended). Violations of this Ordinance may be punishable, upon conviction, pursuant to Section
42 125.69(1), Florida Statutes, by a fme not to exceed five-hundred dollars ($500.00) per violation
43 or imprisonment not exceeding sixty (60) days, or both such fme or imprisonment, or may
44 subject the violator to civil fmes based on the issuance of a civil citation. Each day of continuing
45 violation shall be considered a separate offense. In addition to the sanctions contained herein,
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Palm Beach County Towtruck Ordinance 2010-001
1 the County shall take any other appropriate legal action, including but not limited to, cease and
2 desist orders, other administrative action and requests for temporary and permanent injunctions
3 to enforce the provisions of this Ordinance. It is the purpose of this Ordinance to provide
4 additional cumulative remedies.
5
6 SECTION 27. Hearin2s and Appeals.
7
8 Upon receipt of the notice of denial, revocation, or suspension of an operating permit, which
9 notice shall specify the grounds for the denial, suspension or revocation, the towtruck company
10 shall be entitled to an appeal according to the following:
11 A. Administrative Appeal: Any towtruck company, which has had an operating permit,
12 denied, revoked, or suspended by the Division, may appeal such decision to the
13 Consumer Affairs Hearing Board/Special Master within twenty (20) days of receipt of
14 the decision. A non-refundable fIling fee must accompany the written request for appeal.
15 The company or attorney shall fIle a written notice of appeal signed by the company or
16 attorney requesting a hearing and setting forth a brief statement of the reasons thereof.
17 The filing fee shall be established by resolution of the Commission. The appeal shall be
18 reviewed at a hearing of the Consumer Affairs Hearing Board/Special Master within
19 sixty (60) days of receipt by the Division of the notice of appeal. The towtruck company
20 may be represented by an attorney and shall be entitled to present a defense.
21 B. Orders: At the conclusion of any hearing set forth in this section, the Consumer Affairs
22 Hearing Board/Special Master shall orally render its decision (order) based on evidence
23 entered into the record. The decision shall be by motion approved by the affirmative vote
24 of those members present and voting. The decision shall be stated in a written order and
25 mailed to the towtruck company not later than ten (10) days after the_hearing, and shall
26 be deemed fmal agency action with regard to the matter appealed.
27 C. Court Appeal: Any person may appeal a fmal determination of the Consumer Affairs
28 Hearing Board/Special Master within thirty (30) days of the rendition of the decision by
29 fIling a petition for writ of certiorari in the Circuit Court of the Fifteenth Judicial Circuit
30 in and for Palm Beach County, Florida.
31 D. For purposes of appeal, the FDLE Criminal History/Records Reports and the State of
32 Florida Department of Highway Safety and Motor Vehicles traffic/driving record report
33 shall be deemed prima facie evidence and admitted into evidence before the Consumer
34 Affairs Hearing Board/Special Master.
35 E. Upon receipt of such notice of appeal, the Division shall set a time and place for such
36 hearing and shall give the violator or attorney and the Consumer Affairs Hearing
37 Board/Special Master reasonable notice thereof. All hearings and appeals shall be
38 scheduled and determined as promptly as practicable and in no event more than sixty (60)
39 days from the date of the notice of the written notice of appeal was fIled. Written notice
40 of the time, date, and place of the hearing of the appeal by the Division shall be served
41 upon the appellant no later than twenty (20) days prior to the date of the hearing. Said
42 notice of hearing, shall be by personal service, certilled mail or posting in a conspicuous
43 place at the towtruck company's place of business. Failure of the company to respond
44 within the time frames specified herein or failure to appear at a duly noticed hearing shall
45 be deemed a waiver of the right to hearing and an admission of the acts specified in the
-43-
Palm Beach County Towtruck Ordinance 2010-001
I notice.
2 F. The Consumer Affairs Hearing Board/Special Master shall consider the case record as
3 well as the statement offered by any interested party and shall consider the matter de
4 novo and shall, upon the basis of the record before it, affirm, modify or reverse the
5 decision of the Director.
6 G. If the Consumer Affairs Hearing Board/Special Master affirms the decision of the
7 Director to deny, suspend or revoke an operating permit, the suspension or revocation
8 shall be effective from the date of the Consumer Affairs Hearing Board's/Hearing
9 Officer's order. A decision to affIrm the action of the Director shall constitute final
10 agency action for purposes of further appeal.
11 H. Suspension of the Operating Permit: If, at the conclusion of the hearing, the_Consumer
12 Affairs Hearing Board/Special Master decides to suspend the operating permit, a time
13 certain shall be set as the period of suspension. Prior to the end of such time certain,
14 those violations for which the suspension was imposed shall be corrected; otherwise, the
15 suspended permit(s) will be automatically revoked. An Administrative Reactivation fee
16 shall be collected to reinstate the suspended permit(s). The Administrative Reactivation
17 fee shall be established by resolution of the Commission.
18 1. Revocation ofPermitl1. D Badge: If, at the conclusion of the hearing, the Consumer
19 Affairs Hearing Board/Special Master decides to revoke an operating permit the
20 individual, driver or towtruck company shall remove and/or return the operating permit
21 to the Division. A towtruck company whose operating permit has been revoked shall not
22 be eligible to reapply as a new applicant for a period of six (6) months from the date of
23 revocation.
24 J. If the Consumer Affairs Hearing Board/Special Master reverses the decision of the
25 Director, it shall direct the Director to issue or restore the towtruck operating permit.
26 K. In the event a written notice of appeal and accompanying filing fees are not submitted
27 within the times frames outlined in this Ordinance, the decision of the Director shall
28 prevail.
29 L. Effect of Appeal: The appeal of the decision of the Director to suspend or revoke an
30 operating permit shall stay the effective date of the suspension or revocation.
31
32 SECTION 28. Scope of Ordinance.
33 A. The provisions of this Ordinance and the relevant Florida Statutes shall be the exclusive
34 regulations applicable to towing, recovery and removal of vehicles/vessels in Palm Beach
35 County and all storage provided therewith. This Ordinance shall be applicable in both the
36 unincorporated and incorporated areas, except that this Ordinance shall not apply in any
37 municipality that has adopted and maintains in effect Ordinances or regulations
38 governing the same matters.
39 B. This Ordinance shall not apply to the towing of a vehicle/vessel which occurs with the
40 consent of the vehicle/vessel's owner or operator.
41 C. Nothing in this Ordinance shall be construed to prohibit the discharge or storage of a
42 vehicle or vessel lawfully recovered, towed or removed in another county and lawfully
43 transported into Palm Beach County.
44
45
-44-
Palm Beach County Towtruck Ordinance 2010-001
1 SECTION 29. Repeal of Laws in Conffict.
2 All local laws and ordinances in conflict with any provisions of this Ordinance are hereby
3 repealed as it relates to the enforcement of this Ordinance only.
4
5 SECTION 30. Savin2s Clause.
6 Notwithstanding Section 30, Repeal of Laws in Conflict, all administrative and court orders,
7 fmes and pending enforcement issued pursuant to the authority and procedures established by
8 Ordinance 2005-009 shall remain in full force and effect.
9
10 SECTION 31. Inclusion in the Code of Laws & Ordinances.
11 The provisions of this Ordinance shall become and be made a part of the Code of Laws and
12 Ordinances of Palm Beach County, Florida. The sections of this Ordinance may be renumbered
13 or relettered to accomplish such, and the words "ordinance," "article," "section," "subsection," or
14 "paragraph" may be changed to any other appropriate word to accomplish codification.
15
16 SECTION 32. Severability.
17 If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason
18 held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding
19 shall not affect the remainder of this Ordinance.
20
21 SECTION 33. Effective Date.
22 The provisions of this Ordinance shall be effective immediately upon filing with the Department
23 of State.
APPROVED AND ADOPTED by the Board of County Commissioners of Palm Beach County,
on the 12th day of January, 2010.
R:\Consumer Affairs\ORDINANCES\Tow0rd20 lO-BCCApprovedl-12-1 OSHORT.doc
-45-
TOWING FRANCIDSE AGREEMENT
TIDS AGREEMENT, dated the _ day of November, 2010 is between:
THE CITY OF BOYNTON BEACH, a municipal corporation, with its principal place of
business at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter
referred to as "CITY",
and
BECK'S TOWING & RECOVERY, INC., a company authorized to do business in the
State of Florida, with its principal place of business at 410 N.E. Fifth Avenue, Boynton
Beach, FL 33435, hereinafter referred to as "CONTRACTOR".
WITNE S SE TH:
WHEREAS, the City Commission of the City of Boynton Beach, Florida, following a
competitive selection process has awarded Contractor a non-exclusive franchise agreement to
perform towing services in and for the City, subject execution of a written agreement; and
WHEREAS, the establishment of minimum contractual standards of quality and efficiency
for emergency recovery, towing and storage services utilized by law enforcement agencies is in the
public interest; and
WHEREAS, utilization of improper equipment or unqualified operators exposes public
safety personnel and others present at an accident or recovery scene to undue safety hazards, results
in undue damage to vehicles, and causes excessive delays in clearing the highway and securing the
vehicles; and
WHEREAS, the City has determined, based on material representations of the Contractor
as set forth in the Contractor's response to the City's request for proposals, that Contractor can
perform the services in accord with the parameters set forth in the City's Request for Proposals, as
amended.
NOW, THEREFORE, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, CITY and CONTRACTOR hereby agree as follows:
ARTICLE 1
SERVICES AND RESPONSffiILITIES
1.1 GENERAL
1.1.1 The CONTRACTOR, for and in consideration of the agreements of the CITY herein
contained, agrees to remove vehicles from the streets or other property within the CITY, or from
any other location, as directed by authorized representatives of the.
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1.1.2 The CONTRACTOR agrees that in the performance of this Agreement, it will not
discriminate or permit discrimination in its hiring practices, or in the performance of this
Agreement, against any person on the basis of his or her race, sex, religion, political affiliation or
national origin.
1.1.3 The CONTRACTOR understands that nothing in this Agreement will prevent the
owner or operator of a motor vehicle from calling a wrecker or tow truck of his own choice or
requesting that his or her vehicle be towed to a garage or compound other than that of the
CONTRACTOR.
1.1.4 The CONTRACTOR shall furnish all services, labor, equipment, and materials
necessary and as may be required in the performance of this Agreement, except as otherwise
specifically provided for herein, and all work performed under this Agreement shall be done in a
professional manner.
1.1.5 The CONTRACTOR hereby represents to CITY, with full knowledge that CITY is
relying upon these representations when entering into this Agreement with ,CONTRACTOR, that
CONTRACTOR has the professional expertise, experience and manpower to perform the services
to be provided by CONTRACTOR pursuant to the terms of this Agreement.
1.1.6 The CONTRACTOR agrees to permit members of the CITY's Police Department or
other authorized CITY personnel to inspect its compound(s), equipment, stored vehicles, personal
property and records, relative to this Agreement, whenever, in the opinion of said representatives of
the CITY, such inspection is deemed reasonably necessary.
1.1.7 All terms and conditions of the City Request for Proposals and all responses by
Contractor are incorporated by reference and shall constitute the material provisions of this
Agreement as though set forth herein. The City's Request for Proposal, as modified by two (2)
Addendum, is attached as Exhibit "A". The Contractor's Proposal is attached as Exhibit "B".
ARTICLE 2
MINIMUM STANDARDS
2.1 THE COMPOUND
2.1.1 The Contractor shall operate, maintain and provide a secured storage facility(s) for
impounded and confiscated vehicles. Storage facility may not be subcontracted. The storage area
must have a durable surface, properly drained and enclosed. No repair work or servicing of
vehicles shall be permitted in the storage area. Inside storage to handle a minimum of 15 vehicles,
properly spaced to provide access for removal or addition of vehicles.
2.1.2 The City desires to have a minimum of 100 vehicle spaces available for outside
storage, properly spaced to provide access for removal or addition of vehicles. Proposers bidding
on the following options must have minimum spaces available at time of proposal as stated below:
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Option I - Single Provider: Minimum 100 spaces;
Option II -Two Providers: Minimum 50 spaces each;
Option ill - Three Providers: Minimum 35 spaces each.
2.1.3 All indoor storage must be located within City Limits. Contractor shall maintain a
minimum of 15 outdoor storage spaces on site with Office operations which must be located within
the City limits. Location of remainder of outside storage site(s) shall not exceed a distance of 10
miles from any city boundary.
2.1.4 Crime Scene Storage facility for vehicles which have been marked "HOLD" by the
City of Boynton Beach Police Department relative to a crime scene investigation shall be stored at
an inside secured facility within the City limits.
2.1.5 Contractor may operate multiple storage facilities to meet the minimums.
2.1.6 The Contractor shall provide on a 24 hour basis, attendants and sufficient equipment
for immediate response to calls for service at the storage location(s) from the City of Boynton
Beach Police Department or other Departments.
2.1.7 Storage location sites shall not be changed unless prior written approval is received
by the City of Boynton Beach.
2.1.8 Storage location site shall meet or exceed Palm Beach County Towing Ordinance
2010-001 requirements and all applicable City / County zoning requirements.
2.1.9 Proof of Contractor ownership or lease of the storage facility shall be provided to
the City prior to the commencement of the lease and is a condition precedent and ongoing
requirement of the Agreement.
2.2 EQUIPMENT
2.2.1 At a minimum, Contractor shall own or lease four (4) Class "A" Towing/Recovery
Vehicles and two (2) Class "B" Towing/Recovery Vehicles in their fleet at time ofRFP opening to
be considered.
2.2.2 Definition of Vehicle Class specifications (A, B, C) shall be per Palm Beach County
Ordinance 2010-001 Palm Beach County Towing Ordinance adopted January 12, 2010
2.2.3 Tow Truck Class Specifications:
Additionally, Contractor shall, within forty-five (45) days of award, prior to execution of
Tow Franchise Agreement and as a condition precedent to engaging in towing activities in the City
own or have under lease or under a joint use agreement the following:
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Option I - Single Provider: One (1) Class "c" Towing/Recovery Vehicle and
one (1) Class "D" T owing/Recovery Vehicle.
Option II - Two Providers: One (1) Class "D" Towing/Recovery Vehicle
Option III - Three Providers: One (1) Class "D" Towing/Recovery Vehicle
2.2.4 Additionally, Contractor, at time of RFP shall provide information that Contractor
will have access through sub-contract, lease, or joint use agreement, to one (1) Lowboy with
capabilities to transport all large scale City Trucks (Fire Trucks and Sanitation Trucks) at
approximately 64,000 lbs. The Lowboy shall have: air ride suspension, power winch, pulling
capability 12,000 Ibs minimum for dead pull, air brakes with auxiliary air supply and shall be a
minimum 48' long.
2.2.5 All wrecker equipment shall have a current Palm Beach County Towing Operator
Permit and a valid Inspection Approval Decal on the equipment. Equipment listed below shall be
outfitted at all times with equipment designated on Palm Beach County Vehicle Inspection Form.
ARTICLE 3
COMPENSATION AND METHOD OF PAYMENT
3.1.1 The CONTRACTOR shall pay the CITY the sum of $104,500.00 annually for the
privilege of engaging in this Agreement with the CITY. The first payment shall be made on or
before January 1, 2011 and thereafter in quarterly each April 1st, July 1st, October 1st, and January
lst.
3.1.2 The CONTRACTOR shall charge for vehicle towing and/or storage in accordance
with the schedule of rates attached hereto as Exhibit "C": Palm Beach County Towing
Ordinance 2010-001, and made a part hereof by reference.
3.1.3 The CONTRACTOR shall directly bill the vehicle owner/operator for towing and
storage charges.
ARTICLE 4
TERM AND TERMINATION
4.1.1 This is a three (3) year term contract commencing January 1, 2011 and ending
December 31,2013.
4.1.2 This Agreement may be terminated by either party for cause upon thirty (30) days
written notice by the CITY to CONTRACTOR in which event the CONTRACTOR shall be paid
its compensation for services performed through the termination date. In the event that the
CONTRACTOR abandons this Agreement or causes it to be terminated, it shall indemnify the
CITY against any loss pertaining to this termination up to a maximum of the full contracted fee
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760 I 65.PP/formlwrecker - form agmt for bid
amount. All finished or unfinished documents, data, studies, plans, surveys, and reports prepared
by CONTRACTOR shall become the property of CITY and shall be delivered by CONTRACTOR
to CITY.
4.1.3 Notice of intent to terminate, and the reason(s) therefor, shall be given in writing by
certified mail, return receipt requested or by hand delivery.
4.1.4 Upon the CITY's notification of intent to terminate for cause, the CONTRACTOR
shall have thirty (30) days from receipt of said notice to cure any default, provided, however, that
the CONTRACTOR shall have not more than two (2) opportunities to cure in any calendar year; or
4.1.5 The CITY's Police Department may issue a formal reprimand to the
CONTRACTOR for any act of omission or commission which, in its sole discretion, is deemed to
be a violation of this Agreement. Any number of reprimands shall be grounds for termination of
this Agreement and/or removal of the CONTRACTOR from consideration of renewal of the
Agreement. The precise number and severity of reprimands thereof to be determined in the sole
discretion of the CITY's Police Department.
4.1.6 Upon the completion of this Agreement or termination by either Party, vehicles
marked for confiscation by the CITY's Police Department for use by the CITY's Police Department
in accordance with State Statute, will be towed to the Public Safety Building Compound.
4.1.7 This Agreement may also be terminated by the CITY for convenience upon thirty
(30) days written notice by the CITY to CONTRACTOR. In the event the Agreement is terminated
for convenience, the annual franchise fee shall be prorated.
ARTICLE 5
ADDITIONAL PROVISIONS
5.1.1 NOTICE: Whenever any party desires to give notice unto any other party, it must
be given by written notice, sent by registered United States mail, with return receipt requested, hand
delivery or facsimile transmission with receipt of delivery, addressed to the party for whom it is
intended and the remaining party, at the places last specified, and the places for giving of notice
shall remain such until they shall have been changed by written notice in compliance with the
provisions of this section. For the present, the CONTRACTOR and the CITY designate the
following as the respective places for the giving of notice:
City: Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
Phone: (561) 742-6010
Fax: (561) 742-6011
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760165.PP/fonn/wrecker- form agmt forbid
Copy To: James A. Cherof, City Attorney
Goren, Cherof, Doody, & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Phone: (954) 771-4500
Fax: (954) 771-4923
Contractor: -----
~-_._-" --------_..__.,._~."-_._._----.~--
Phone:
-~._--
Fax:
----
5.1.2 ASSIGNMENT/AMENDMENTS. This Agreement, or any interest herein, shall
not be assigned, transferred or otherwise encumbered, under any circumstances, by the
CONTRACTOR without the prior written consent of CITY. For purposes of this Agreement, any
change of ownership of CONTRACTOR shall constitute an assignment which requires CITY
approval. However, this Agreement shall run to the CITY and its successors and assigns.
It is further agreed that no modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
5.1.3 NO CONTINGENT FEES. The CONTRACTOR warrants that it has not
employed or retained any company or person, other than a bona fide employee working solely for
the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay
any person, company, corporation, individual or firm, other than a bona fide employee working
solely for CONTRACTOR any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or violation of this
provision, the CITY shall have the right to terminate the Agreement, without liability, at its
discretion and to deduct from the contract price, or otherwise recover the full amount of such fee,
commission, percentage, gift or consideration.
5.1.4 BINDING AUTHORITY. Each person signing this Agreement on behalf of either
party individually warrants that he or she has full legal power to execute this Agreement on behalf
of the party for whom he or she is signing, and to bind and obligate such party with respect to all
provisions contained in this Agreement.
5.1.5 HEADINGS. The headings contained herein are for the convenience of reference
only and shall not be considered for the purpose of interpreting the provisions of this Agreement.
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5.1.6 EXHIBITS. Each Exhibit referred to in this Agreement forms an essential part of
this Agreement. The exhibits, even if not physically attached, should be treated as part of this
Agreement and are incorporated herein by reference.
5.1.7 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.
5.1.8 GOVERNING LAW. This Agreement shall be governed by the laws of the
State of Florida with venue lying in Palm Beach County, Florida.
5.1.9 LEGAL REPRESENTATION. It is acknowledged that each party to this
agreement had the opportunity to be represented by counsel in the preparation of this Agreement
and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing
same shall not apply herein due to the joint contributions of both parties.
5.1.10EXTENT OF THE AGREEMENT. This Agreement represents the entire and
integrated agreement between the CITY and the CONTRACTOR and supersedes all prior
negotiations, representations or agreements, either written or oral.
5.1.11 ATTORNEY'S FEES AND COSTS. In connection with any litigation arising out
of or in connection with the Agreement, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
CITY
ATTEST:
BY:
CITY CLERK.
APPROVED AS TO FORM:
CITY ATTORNEY
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CONTRACTOR
WITNESSES: BY:
Print Name:
Title:
.~..,------ ----
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this _ day of ,20
_by of and acknowledged (s )he executed
the foregoing Agreement as the proper official of , for the use and
purposes mentioned in it and they affixed the official seal of the corporation, and that the
instrument is the act and deed of that corporation.
(Signature of Notary Public - State of Florida)
(Print, Type or Stamp Commission Name of Notary Public)
Personally Known OR Produced Identification --------"
Type of Identification Produced
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760 1 65.PP/fonnlwrecker - form agmt for bid
Exhibit C
Palm Beach County Towing Ordinance 2010-001
01_'10/2008 06:42 5513590598 BECKS TOWING PAGE 01/01
RESOLUTIONS ADOPTED BY INCORPORATOR
OF
Beck's Towing & Recovery Ine
The undersigned Steven Beck ,
being the sole incorporator of Beck's Towing & Recovery Inc
(the "Corporation"), hereby adopts the following resolutions:
RESOLVED, that the President of Beck's Towing & Recovery Inc
hereby authorize and empower the undersigned to sign and enter into a
contract with City Of Delray Beach in the name of and on behalf of this
Corporation, with the tenns and conditions previously agreed upon by the
President of this Corporation. \
RESOLVED, that Stephanie Stante ,having an address at 317 SW 11th
Avenue. BQynton Beach. Florida .hereby is appointed as the statutory agent for the
Corporation for the signing of the above contract.
Dated: ,
President: Steven Beck
Agent: Stephanie Stante
t Of-I :Lr JIi/5 ~'(J Ct"t'-y CJ F t~YrJ/~N ~~~ ;+)J~
frrtf'/lIJNIl. ,4/'-l t? $' S 16-~("b Xr WOV&(I frtl1 /Jt Ok ~
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'" ~
, .
RESOLUTIONS ADOPTED BY INCORPORATOR
OF
Beck's Towing & Recovery Inc
The undersigned Steven Beck .
being the sole incorporator of Beck's Towing & Recovery Ine
(the "Corporation"). hereby adopts the following resolutions:
RESOLVED, that the President of Beck's Towing & Recovery Ine
hereby authorize and empower the undersigned to sign and enter into a
contract with the City Of Boynton Beach in the name of and on behalf of
this Corporation, with the terms and conditions previously agreed upon by
the President of this Corporation.
Resolved, that this authority is valid from Thursday November 11 th,
20 I 0 through Thursday November. 2St:h 2010.
RESOLVED, that Stephanie Stante , having an address at 317 SW 11th
A venue. Boynton Beach. Florida .hereby is appointed as the statutory agent for the
Corporation for the signing of the above contrcu::t.
Dated: ;1)0 rf If ,dolO
,
President: Steven Beck
Agent: Stephanie Stante
101113 :3Si'\1d SiNIMDl 5>1:):38 85'305'3El'3t; LG :E0 800G/t;11113
.
Beck's Towing & Recovery
410 N.E. 5th Ave
Boynton Beach, FI 33435
Phone (561) 369-1096 Fax (561) 369-0698
Fax
To: Lov\ L-a.VevViCVt:.., From: '5l-c(havtie ~I/l--r:e
Fax: -~LP ( . -:t-41.LROl J Pages:
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90110 3Sl'\1d SlNIMOl 5>1839 859059E19S v0:Z0 800Z/ZZ/10
COMMERCIAL LEASE AGREEMENT
This Commercial l,~se Agreement...(Leas~ is ~ntered into on thIs ~ da~ of NOVEMBER ,,20.1Q,., by
and between D~XlD P. TAYLOR (Lan lord) and BECK'S TOWING enant). landlord IS the
owner of lal'ld...an .Improv~ments,whose ~ddress Is: 505 N. ~AILROAD'AVE..~~NTON BEACH. Fl33435. Landlord
makes available for lease a~rtion Of ' the Building design" ed as 505B (leased
Premises). ' '
Landlord desires to lease the Lea~ed P~mis~ to Tenant, and Tenant desires to Sease the Leased
Premis'esfrom Landlord for tt:lelerm, at the' rental and upon the provisions set forth ,hereIn~
THeREFORE;, In consideration of the mutual promises contained herein, ,and for other good and valuable
consideration, it'is agreed;
~
The Initial Term of the Lease shall begin on the 1ST day of DECEMBER , 20,liL and end on the
30TH day of DECEMBER . 20ll.. Landlord shall use its best efforts to put Tenant in possession of
the Leased Premises, on' the be~nnin9 of the Lease term. If, landlord ls unable to timelJ provide the
leased Premises, rent shall a,be e for the period of delay. Tenant shall make Il() other aim against
Landlord for any such delay.
Ten'ant may renew the L~ase for TWO extended term of ONE YEAR EACH . Tenant sh~ll .
exercise such renewal o~ion, if at all, by -r.rovidlng written notice to Landlord not less than ninety (90)
days prior to the elCpira On. of the Inltla erm. Tnerenew~1 term shall be at the rental set forth below
anCl otherwise upon the same co"enal:1ts, co.ndltions and provisions as contained in this Lease.
B&nt..
Tenant. shan pay to '~ndl,or:d' dining the Initial Tenn rent of 18.000 + SALES TAxOollar's ($ J peryear,
p'&.yable In instalhnent$o:J'aOO' +"ALESIAX Dollars ~t.) per month. 'Each Insta'f1ment.~ay.ment shall be
due. in ad\l8r.tce' on ,the fl. : aV' 0 each calendar' mon during the lease term to land ora at the
following addr~: FLORIDA SALES TAX IS CURRENTLY 6.5%
The rentai gayment .amount for any partial calendar months induded in the lease term shall be prorated
on a daily asis.
Tenant shall also pay to landlord a "Security Deposit" in the amount of -o~ Dollars ($
).
The rental for any renewal lease term, if"cteated as permitted under this Lease, shalf be
19.800.+ SALES TAX Dollars ($ ) per year payable in Installments of 1650.+ SALr=S T~ Dollars ($ ) per
month.
PrQhlblted Us~.
Notwithstanding .the forgoing, Tenant shall not 4,se the Leased Premises for the purposes 'of storing,
manufacturlr)g ,or: selling ~ny explosives, f1al1:1mables or other Inherentlv dangerous substanc~, cheml~l,
thing or dev,iee.
Sublease and A~sl~mment.,
Tenant shall have thE! right w~hout Landlord's consent. to assign thIs Lea$e to a business with which
Tenant ma~ merge or cQ.n~lic(ate, to ,an, supsldiary 0 Tenant, to any corporation under common
control wit T.enam:, or to 'a p.un:ha~er 0 substantially all of Tenant's assets,.
Except as set forth above. Tenant shall not sublease all or part or the Leased Premises or assign
9NIMOl 5>1838 8591359E 1'3S 1;'13:2:13 813136/66/113
913/2:\3 39t1d
thlsleaise in whole or in'p~rt without Landlord's consentl such consent not to be unreasonably withneld
or delayed.
F\ecalrs,
During the Lease terrnl 'Tenant shall make, at Tenant's,expense( all necessary repairs to the, Leased
Premises. Repairs shall include such Items 8S routine repaIrs of floors, walls, ceilings, and other parts of
the Lea,sed Premises damaged .or worn through normal occupan~r except for major mechanical systems
or the roof, subject to the obligations of the parties otherwise se forth in this Lease.
~Ite~tions BOd Improvemeots.
Tenant, at Tenant's expense, shall h~ve the right, upon obtaining Landlord's consent, to remodel,
redecorate, and make addltlortSt Improvements and replacements of and to all or any part of the Leased
Premises from ,time to time as enant may deem desirable, provided the same are made in a
w()rkman'ike mantler and Utiliztng good quatity materials. T~ant shall have the right to place and install
~ersonal property,. trade fixtures, e~UiPment and other temporary Installations in and ~on the leased
remises, and fasten the same to t e ~remlses. All personal property, ,equipment, ma ine~, trade
fixtures ,qndtempora~,lns~lIatiQn5; iN, ~her acquIred ~ Tenant at the commencement of:t e Le~se
term ()r pla~d or In~ Il~on th~ Leased Premises ,by enant there2!ifter( shall remain Tenant's p~operty
free and dear of an~ dami by' Landlord. Tenant shall have the right to remove the same at any tIme
duting the tenn of t is Leas,e provided that Tenant shall repair, Bt Tenant's expense, all damage to the
leaseCf Preml,ses caused by such removal. .
ProperQI Ta)(es.
landlord sha'lI pay,. prior tQ ~ellnquenCYr all' general real estate taxes and installments of special
assessments COl1'inS' dlJe d,uring the lease term on the Leased Premises and all personal '~roperty taxes
with res,pect to u.n l~rd~s p,j/Sonat property~ if any, on the leased. Premises. Tenant shall e responsible
for paying' aU personal 'prop:ertY taxes wIth respect t() Tenant's personal property at the Leased Premises.
Insurance.
If the Leased Premises or any other part of the' Building Is damated by fire or other casualty resulting
from any act of, negligence by Tencmt or by any of Tenant's agen i employees or Invitees, rent shall not
be diminished or a a ed while such damages are under repair, and Tenant shall be responsIble for the
costs of repair not covered by insurance.
landlord shall maintain fire and extended coverage'insulCilnce on the Buildin~ and the leased Premises
in such amount. as' Landlord ,shall deem apfropriate. Tenant shall be responsible/at its e~ense, for fire
and extended cove,"?e Insurance on all 0 its personal property, Including removable tra e fixtures,
located in' the Lease Premises.
Tenant and Landiord shal,I, each at Its own expense, maintain a policy or policIes of comprehensive
generallJabUlty Insurance'wlth respect to the partlcul~r activities of each In the Building with the
pr~miums there<>n fully, palc;l.on or befor~ due date. Such Insurance p.ollcy shall be issued by and binding
upon .an Insurance comr,any apl?roved by Landlord, and Shesl'l afford minimum protection of. not less than
$l,OOO~OOOcomblned, S 71, Ie' limit coverage of bodily Injury, property damage or combination thereof.
Tenant shall '~rovide,L.an' ()ni wtth current Certificates of Insurance evidencing Tenant's compliance with
this Pa rag rap .
UtIlities.
Tenant shall pay all charges for water, sewer, gas, electriCity" telephone and other services and utiIJtles
used by Tena.nt on the Leased. Premises during the term of't Is Lease unless otherwise expresslV agreed
in writln~ by LandJord. rn,~e e~nt that any utltlty or service proVided to the leased Premises is not
separate y metered, L..an~ord shall pay the amount due and: separatelv InVOice Tenant for Tenant's pro
rata share of the charges. '
Tenant Sha"rsaY'Suctiafls~~ utility charges'pri,or' to the due date. Tenant acknowledges that the
Leased Prem ses a,re designed to provIde standard office :use electrical facilities .and standard office
lighting. Tenant shall, not use any equipment ,or devices that utilizes excessive electrical ener,gy or which
may, in Landlord's reasonable opinion, over load the wirIng or interfere with electrical services to other
tenants.
Signi.
Following Landiord's consent, Tenant shall h~v.e the right t? p'lace on the leased Premises! at location$
sel~e~ by Tena"t, ~ny'slgns which' are permItted by applicable zoning ordinances and pnvate
Irestrlctions. [and(ord may refuse consent to any proposed sig.;ag"e that is in the Lanalord's opinion" too
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_ cr, ----r--.. -, _....~L.......~.".. V' U~IlCI yVl:)~ IItLOll~15t.en~ wlcn or ln~proPri~te to ~he Leased Premises or
USE!' of any other tenant. landlord shall assist and cooperate with enant In obtaIning any necessary
permission from governmental authorities or adjoining owners and occupants for Tenant to . place or
construct the foregOlnft Si~ns. Tenant shall repair all damage to the Le~sed Premises resulting from the
remoVal of signs insta ed y Tenant.
Entcx..
Landlord shall have the right. to enter u~on the Leased P~emlses at reasonable hour:s to inspect the
samel provided Landlord shall hot there y unreasonably Interfere with Tenant's bUSiness on the Leased
Premises.
Parking.
During the term of this l.ease, Tenant shall have the non-exclusive use In common with l..2indlord, other
tenants of the BOlldi~ their 'guests and invitees, of the non-reserved common automobile parking
areas, driveways, on fOotways, subject to rules and regulations for the use thereof as prescribed from
time to time by Landlord. Landlord reserves the ri9ht to des~nate parking areas for Tenant and
Tenant's aaents ~nd e~~oy~es. Tenant shall pr~vl(ie Landlo with a list of all license numbers for the
cal"$ owne by Tenant, I ,age'nts and employees.
Building Rules.
Tenant Will comely with the rules of the Building adopted and altered br landlord from time to time and
will cause all Of Its a~ents, emPlobees, Invitees and visitors to do SOj al changes to such rules will be
sent by landlord to enant In, wrl 'ng~ The Initial rules for the BUilding are attached hereto :as Exhibit "A"
and incorporated hereIn for ,all purposes.
Darria9' and DestructJQn.,
If the leased Premises or any part thereof or anl af)purtenance thereto is so damafted by fire, casualty
or structural defects, sUCh dar.oage or defects no being the result of any act of neg I~ence by Tenant or
by an~ of Tenant's age"t$,em~lpyees or Invitees~ that the same cannot be used for enan~ls, purposes,
then enant shall ,have the tilht within nlne~ (gO) days following damage to elect by notice to Landlord
to terminate thIS Lease ,as of ' ,e date of sue damage. In the eve.nt of minor dami5ge to any part of the
Leased Premises, and .ifsuch da'mage does not render the Leased PremIses unusable for. Tenant's
purposes, landlord Shall'prompt~ rejair such dama~ at the cost of the I,.andlord, In maklr1g the repairs
called ,for in this paraS),raph, ~n lor Shall not be lIa Ie for any, detestS resultlnil, from strike$,
govemmerttal restrictions, Inability to obtain necessary materials or abor or 0 er matters which ~r~
eyond the reasonable COMtrQJ of Landlord, Tenant shall be relieved from pa~'ng rent and other charges
durin~ any ~ortion of the Lease term, that the lease.d Premises are inoperab e or unfit for O<<upaney I or
use, n who e or In part~ for Tenant's purp~ses. Rentals and other charges paId in advance for any such
periods s,hal! be credited t)n the next ensuing payments, If any ( but if no further p-athments are to' ~
made, any suchadvan~e gayments shall be refunded to Tenant. The provisions of Is paragraph extend
not only to the matters a oresaid, but also to any occurrence which Is beyond Tenant's reasonable
control and which r~ndel"$ the Leased Premises, 'or any appurtenance thereto, Inoperable or, unfit f.or
occupanty or use, In whole or in part, 'for Tenant's purposes,
Defa~
In the event of ~ default'made by Tenant In the payment Of rent when due to Landlord, Tenant shall
have fifteen (15) daY$ ~ft.r rece~t of written notice thereof to cure such default. In -the event of a
default made. by Tenant, in aot 0 the other ~over!~nts qr conditions to be ke~t, observed alid 'performed
by Tenant, Tenant shall have !1i~ (30) d~ys after recei~t of written notIce t e~of to cure such default.
In the event that the Tenant 'shal fail to cure any' defau t within the time allowed under this paragrafh,
landlord may deda~ the mrm of:this Lease ended and terminated by giving Tenant written notice ,0
such. intentIon, a~ t' possessi9n Qf ~he ~eased Premises is not surrendered, Lan,cUord' may reenter saId
premises. Landlord 'shall haVe,.ln addition to the remedy above provided, any other right or remedy
avallable.to'Landlord on"a.ccount :of ,any Tenant default, either In law or equity. landlord shall use
reaSonable efforts ~ ,mitig8teit:s damages,
Quiet Posge~sioO.
.Landlord covenants and warra'nts that: upon performance by Tenant of Its obl~atlOns hereun~er,
landlord will keep and malntalnTenant fn exclusive, quiet, peaceable and un isturbed and uninterrupted
possE$sion of the Leased Premises during the term of this Lease.
Condemnation.
If any Legally constituted authority condems the Building or such part thereof which shall make the
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L-easea ~remlses unsui~ble for leasing, this Lease shall cease when' the public authority takes
possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall. be
without fcrejudlce to the rights of eJther party to recover compensation from the condemning authority
for any oss or dama~e caused by the condemnation. Neither party shall have any rights in or to any
award made to the 0 her by the condemnIng authority.
Subordination.
Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien
presently existing or hereafter arising upon the Leased Premises, or upon the Building and. to any
renewals, refinancing and extensions thereof, but Tenant agrees that any such mortgagee shall have the
right at a~ tiMe to $ubordlnate such mortgage, deed of trust or other lien to this Lease on such terms
and SUb~e to $uch condltio!1s as such mort~agee may deem apprQpriate, in its discretion. Landlord is
hereby rrevocably vested With full power an authority to su.borchnate this L.ease to any mortgage, deed
of trust or other hen now eXlstlnr. or hereafter placed upon the Leased Premises of the Building. Tenant
agrees that it will from time to t me upon re~est by Landlord execute and deliver to such persons as
landlord shall reguest a.statement- in recorda Ie -form certl~ing that this Lease is unmodified and In full
forte and effect (or If there have been modifications, that t e $ame is In full force and effect as so
mOdlfle~, statid\ the dates to whlc;h rent .and other charges pafi8ble under this Lease ha\l~ been paid,
stating at Lan ord is. not In default hereunder (or if Tenant a leges a default statinib the nature of
such alleged default~ and further statfng such other matters as landlord shall reason a Iy require.
Security . Deposit.
landlord shall hQld the Secu,rity Deposit without liability for interest and as security for the performance
by ienant of Tenantts covenants and obligations under thIs lease, it being expresslyunQerstood that
Tenant shall not consider the Security Deposit an ~dvance payment of rent or a measure of Landlord's
damages In case of default. Unless otherwise provided by law or regulation., landlord maYComml~le
the Security Deposit. with landlord's other funds. Landl~rd may, from time to time, without preju ce to
any other remedy, use the, Securfty Deposit to. the extent necessary to make good any arr~al"ages of
rent or to sat(s~ any other coVenant or obli~ion of Tenant hereunder. following an~ such;a!)plication
of the Security eposi~, Tenant shall pay to ndlord on demand the amount so a~pl ed in ~rder to
restore tt1e Sec~rity Deposit to its original amount. If Tenant is not in default at t e terrnln'ation of this
Leas~ Landlord shall return the balance of the Security Deposit remaining after any such application to
Tenant. .
Notite.
Any' nptlce required .or permitted .under this lease shall be .deemed suffi~lently given or served If sent by
UnIted States. Certified mall,retum. recefpt requested, addressed as fallows:
landlord : David P. Taylor P.O. Box 1117, Boynton Beach, FI 33425 561-732-1111 or 561-236-2311
T@n~nt: Steve Beck 410 NE 5th St. Boynton Beach, FI 33435 561-369-1096
landlord and Tenant sh~1I ..e&ch have the right from time to time to change the place notice. Is to be
given under this paragraph by written notice thereof to the other party.
Brokers.
Tenant represents that Tenant w~snot shown the Premises .bJ any teal estate broker or ~~nt and that
Tencsflt has not .otherwise en~a8f!d in any actiVity which coul form the basis for a claim or real estate
commission, brokerage fee,. n er's fee or other similar charge, In connection with this lease.
Waiver.
No waiver of any default of Landlord or Tenant hereunder shall be ,implied from any omission to take
any action on accOunt of su~h default If such default persists or IS repeatedd and no eX&ress waiver shall
affect any de~utt ~er ~hanthe default specified In the express waiver an . that only or the time and
to ~he e~ent tryer~In., stat~.. One or. more waivers br Landlord or T~nant shall not be construed as a
waIver of a subsequent bre()ch. of- the same covenan r term or condition.
M~morandum of lease.
9NIMOl 5>1838 85905%199 v0:Z;0 800Z/ZZ; /10
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, ..,., ...a, ...,e:. IIl;;:I li:lU wotemplate mattnis Lease should not and shall not be filed for record, but In lieu
tMereof, at the request of eIther. party, Landlord and Tenant shall execute. a Memo~ndum pf Lease to be
. 'recorded f()r the purpose of givIng record notice of the appropriate provisions of thIs Lease.
[feadings.
The headings used In this L.ease' are for convenience of the parties only and shall not be considered in
Interpreting the meanIng of 'any provision of this Lease.
succes!;9rs.
TheproVi$l,ons of tl1i.s teaSe sha", extend to ahd be binding upon l.andlord and Tenant ,and their
respective legal representati\'es, successors and assigns.
Consent.
Landlord shall not unreasonably'wlthhold or delay its consent with respect to any matter for which
landlord's consent is required 'or desirable under this Lease.
Performanc'e.
If there Is 'a default with respect to any of landlord's co'Venants, warranties or reftresentations under this
lease, and jf the default continues more than fifteen (15) d1S after notice in wr: ting from Tenant to
Landlonf spedfying th~ default, Tenant may, at Its option an without affecting any other remedy
hereunde~ cure such default, qn.d deduct the cost thereof from the next ac;:~ruing in.stallment or
Instal/me . ,of rent payabl~ hereunder until Tenant shall have b~n fully relmb~rsed fur such
e~pendjtures, together with .interest thereon' at a rate equal to the lesser of per:cent ~%) per
annum or the then hig.hest lawful rate. If this Lease terminates' ~rior to Tenant's receiving ful
reimbursement, Landlord shall pay the un,.relmbursed balance p us accrued interest to Tenant .on
demand.
Complii!lnce with law.
'Tenant and ~ndlord each shall comply: with all laws, orders, ordinances and other publlc~urrements
now or herea er ,affecting the Leased PremIses.
Final Agreem,nt.
This Afreement termtna'te~ anc,f supersedes all prior understandings or agreements on the s,ubiect: matter
hereo. Thls'.Agreement may be,modltled only bya further writing that Is duly executed by bo h parties.
, '
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written.
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9NIMOl 5>1838 8591359E1% \;113:(;13 81313(;/(;(;1113
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