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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 -- ..--~ ATTEST: , Yn. ~ lan t M. Prainito, MMC y Clerk (8,',~, ?. . rf9ftffe Se~') ",I 'J '!:"CA"'~( 4' . ':'IsIRe,., Aw",' of RFP - T ~;"" 201 0.000 '1.. .~~, 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 ~ , 'r'\\ L' ~. \ ~ ---=t- 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: ~tQ. ~ (/ C Y CLERK CONTRACTOR ~:~ By:~;JZA r Print Narnl' L.-14, Z i/- C ( j4. t)d C)t{//1/ /3t( v Title: ~4-~'(/~ 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(~ / ~ . 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 , 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. 9 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. 10 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 11 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 13 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. 14 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. 15 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. 16 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 17 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. 19 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. 20 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 ------------------------------------------------------------------------------------------------------------------------------------------- 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) 1 j i I I I I I r I ! I ! I I U[ I I I I T r I I I i I I t I I . I I I i I I I I _ _L 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 -3- 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 -4- 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. -5- 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 -6- 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: -7- 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 -8- 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' -9- 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. -10- 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 -11- 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. -12- 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. -13- 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 -14- 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 -15- 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 -16- 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. -17- 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 -18- 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 -19- 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 -20- 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: -21- 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- -22- 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 -23- 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 -24- 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 -25- 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; --26- 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 -27- 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 -28- 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 -29- 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 -30- 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 -31- 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 -32- 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) -33- 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 -34- 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 -35- 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 -36- 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 -37- 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 -38- 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 -39- 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 -40- 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. -41- 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, -42- 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. Page 1 of16 JFK: 6-26-2003 760165.PP/form/wrecker- form agmt forbid 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: Page 2 of 16 JFK: 6-26-2003 760 I 65.PP/fol1ll!wrecker - form agmt for bid 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: Page 3 of 16 JFK: 6-26-2003 760165.PP/formlwreckec- form agmt forbid 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 Page 4 of 16 JFK: 6-26-2003 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 Page 5 of 16 JFK: 6-26-2003 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. Page 6 of 16 JFK: 6-26-2003 760 165.PP/formlwrecker - form agmt for bid 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 Page 7 of 16 JFK: 6-26-2003 760 1 65.PP/form/wrecker- form agmt forbid 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 Page 8 of 16 JFK: 6-26-2003 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 ~ #f'Jo {(IT /}C.71 vC- @kT&f I' lIt I (0 - NIJ>/to '" ~ , . 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: Re:(\cW \C/{~ Date: cf) tAsvecm~ ce~~-wuJ ) c O'v1"tYPtif "What the heck, Call Beck's" 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 9NIMOl 5>1838: 85905'3El'39 t:'0:Z;0 800Z;/Z;Z; 110 '30/E0 39'Qd _ 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 9NIMOl S>I:J38 85'305'3E1:'3S \;>0:(;0 800(;/(;(; 11:0 '30/t>1O 39'\1d 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 '30/90 39'i1d , ..,., ...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. txv \~ f-T"-J) V' print Tenant Sk(ftt~lt l ~~1e pri t ~4..~~ print ~ Lh 1rW\. ~:m ~M7?~jO print 9NIMOl 5>1838 8591359E1% \;113:(;13 81313(;/(;(;1113 913/90 39'i1d