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R13-126 1 RESOLUTION NO. R13 -126 2 :3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING THE ONE YEAR RENEWAL OF THE 6 TOWING FRANCHISE AGREEMENT WITH BECK'S 7 TOWING AND RECOVERY, INC., AND ZUCCALA 8 WRECKER SERVICE, INC., WITH AN ANNUAL 9 FRANCHISE FEE OF $95,000 FOR EACH VENDOR; 10 AUTHORIZING THE CITY MANAGER TO EXECUTE 11 A RENEWAL AGREEMENT; AND PROVIDING AN 12 EFFECTIVE DATE. 1:3 14 WHEREAS, on September 21, 2010, the City Commission approved Resolution 15 R10 -137 authorizing the City Manager to enter into a Franchise Agreement with the two top 16 ranked respondents to the RFP No. 055 - 2110- 10 /CJD; and 17 WHEREAS, the RFP was for a three (3) year term with the option to renew for two 18 (2) additional one (1) year periods; and 19 WHEREAS, the City Commission of the City of Boynton Beach, upon 20 recommendation of staff, deems it to be in the best interests of the residents and citizens of 21 the City of Boynton Beach to approve the one year renewal of the Towing Franchise 22 Agreement with Beck's Towing and Recovery, Inc., and Zuccala Wrecker Service, Inc., 23 with an annual Franchise Fee of $95,000 for each vendor. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 27 as being true and correct and are hereby made a specific part of this Resolution upon 28 adoption. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby \ \apps3 city cbb\ auto \Data\200 \Items \191\2800 \3533 \Reso_ _Renew_Towing_Franchise_Agmt docRenew Towing Franchise Agmt 1 approves the one year renewal of the Towing Franchise Agreement with Beck's Towing and 2 Recovery, Inc., and Zuccala Wrecker Service, Inc., with an annual Franchise Fee of $95,000 3 for each vendor and authorizes the City Manager to execute the renewal Agreement, a copy 4 of which is attached hereto as Exhibit "A ". 5 Section 3. That this Resolution shall become effective immediately. 6 PASSED AND ADOPTED THIS 5 day of November, 2013. 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 111; 4/or — e • Taylo 16 1 t L /L�'%i 1 ti , e or — Woodrow . - ay 1. 1 11 Commissi • er — David T. erker 7 /////4 , - --) 2 i Co missio — Mi ael / itzpatrick 2q 26 ATTEST: e 2 Co f i — Joe Casello 2 M 0 • 2• �,.�` ..` . �. 2/ fr M. Prainito, MMC 2: i ty Clerk 31 or e • \ \apps3 city cbb\ auto \Data\200 \Items \191\2800 \3533 \Reso = _Renew_Towing_Franchise_Agmt docRenew Towing Franchise Agmt R13 -ram RFP NAME: "RFP INVITATION FROM TOWING CONTRACTORS FOR A THREE YEAR AGREEMENT FOR TOWING AND STORAGE SERVICES FOR THE CITY OF BOYNTON BEACH." RFP NO.: 055 - 2110- 10 /CJD Towing Franchise Agreement between the City of Boynton Beach and ZUCCALA WRECKER SERVICE, INC. RENEWAL PERIOD No. 1: December 15, 2013 through December 14, 2014 _CL Yes, I agree to extend the existing Agreement under the same Terms and Conditions with an adjusted annual Franchise Fee of $95,000; due in quarterly payments of $23,750. No, I do not wish to extend the Agreement as explained below: ZUCCALA WRECKER SERVICE. INC.. L L SIGNATURE LA. Zacee14. NAME OF REPRESENTATIVE TITLE Please Print X70/ 3 X70 /- 'I-112./2- DATE (AREA CODE) TELEPHONE NUMBER Zw50i wQQ.O /- ,n E -MAIL 9 1 RESS America's Gateway to the Gulfatream TOWING FRANCHISE AGREEMENT THIS AGREEMENT, dated the 22 " 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 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". WITNESSETH: 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 AlI 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 11 -Two Providers: Minimum 50 spaces each; Option DI - 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 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" Towing/Recovery Vehicle and 3 one (1) Class "D" Towing/Recovery Vehicle. Option 11 - 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 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 15` 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. 5.1.10EXTENT 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. Signature Page Follows 7 t . G F ., CITY ATTEST: o c, c - !15. a � BY: 11 . _ a. . g a 410 Y CLERK APPROVED AS ' +) FORM: i Imo_ i C A O' I V CONTRACTOR M SSES: , BY:X w - - . Print N : G _k4 • Z (..- 60 4-114 Title: , te,(/ //=1( 44. STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this 4 27aZ _ day of Aiie..,4740 ( , 'fie o 2 O /d by 69ithe Nc4 /940g6i244e6iggf Z,r(# 4 ' d acknowledged (}he executed the foregoing Agreement as the proper official of7„ 4 Lc Cae_ g 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. . n. Vii'' !' / 1 / j n tur = • Notarl iiiici ?5'#14 bRIDA m M, , � Lynn � Swanson L,• i , =, )Commission #DD915552 E x : 13 (Print, Type or Stares ;ins NDV. Public) Personally Known OR Produced Identification '!/ Type of Identification Produced had a- - /1I / L'L ' Z. /0. C 8 PROPOSAL FORM RFP 055 - 2110- 10 /CJD 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: $ 105,000,00 Annual Franchise Fee OPTION #2: DOUBLE AWARD: $ 100,075.00 Annual Franchise Fee OPTION #3: TRIPLE $ 42 000.00 Annual Franc s Signature: Title: President Name of Organization / Proposer Zuccala Wrecker Service Inc. (As shown on the Acicnowledgement of Business Form) THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 47 } FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE R 13 -lad RFP NAME: "RFP INVITATION FROM TOWING CONTRACTORS FOR A THREE YEAR AGREEMENT FOR TOWING AND STORAGE SERVICES FOR THE CITY OF BOYNTON BEACH." RFP NO.: 055 - 2110- 10 /CJD Towing Franchise Agreement between the City of Boynton Beach and BECK'S TOWING AND RECOVERY, INC. RENEWAL PERIOD No. 1: December 15, 2013 through December 14, 2014 trYes, I agree to extend the existing Agreement under the same Terms and Conditions with an adjusted annual Franchise Fee of $95,000; due in quarterly payments of $23,750. No, I do not wish to extend the Agreement as explained below: BECKS TOWING AND RECOVERY. INC.. SIGNATURE 2 7 GIc PZES fit-d /— NAME OF REPRESENTATIVE TITLE Please Print / t� � l3 t .3 (5- -/05C, DATE (AREA CODE) TELEPHONE NUMBER TOwG lN /Jx•COAi MAIL ADDRESS America's Gateway to the Gui£atream P13 -L TOWING FRANCHISE AGREEMENT THIS AGREEMENT, dated the 17 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 ". WITNESSETH: 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 11 -Two Providers: Minimum 50 spaces each; Option III - 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 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 1- Single Provider: One (1) Class "C" Towing/Recovery Vehicle and 3 one (1) Class "D" Towing/Recovery Vehicle. Option 11- 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 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 5104,500.00 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 15 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: . : Ttk,1/► vi 4 Rceov , 1 Yri I VC _ . Phone: (f • r, t' i Fax: rallrar ' i ,►C( 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 attorneys 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 G \1 O CITY ATTEST: f - s U BY: 0 ~ L IA ! r N 411W CLERK APPROVED 0 FORM: C " ATTO j Y CONT CTOR SS S BY: Ad Ai � .L. la% / t / ' ,PA Prin Nam. ���� vi' e 6 vi1?- �[ (� Title: I� �V �% r A STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this )2a.„ day of»oue, ttt , 20) 0 by 6 i'e k 3 of Ay iTati ,flew - I+, FL and acknowledged (s)he executed the foregoing Agreement as the proper official of I c...ks Towr ivy , 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 ofNotary Public - State of Florida) NOTARY PUBLIC,STATB OF FLORIDA (Print, Type or Stamp Commissi -',; a't'�` , 4091 `•..,, - Expires: JAN. 31, 201 BONDED THRU ATLM4nc BONDLNG CO., Personally Known OR Produced Identification Type of Identification Produced t .' ,t s Lic e.-vs 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 1 lth, 2010 through Thursday November, 25* 2010. RESOLVED, that Stephanie Stante , having an address at 317 SW 11 Avenue. Boynton Beach. Florida ,hereby is appointed as the statutory agent for the Corporation for the signing of the above contract. Dated: / k 1 / 1 , 90 1 0 / 4 President: Steven Beck .,d Agent: Stephanie Stante lannirt ► • t, PROPOSAL FORM RFP 055- 2110- 10 /CJD Towing and Storage Services FRANCAISE 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. • 1HE UNDERSIGNED Proposer, having familiarized himself with the requirements of the RFP hereby proposes the following annual Franchise fees: OPTION #1: SINGLE AWARD: $ ,9 3. S Annual Franchise Fee OPTION #2: DOUBLE AWARD: $ /J 4 7 / . .-d 0 • CX) Annual Franchise Fee OPTION #3: TRIPLE AWARD: $ -3.23, 0 00 / laze, Annual Franchise Fee Signature: a Title: £S /0F,-1 Name ec o� Organizatio L3 e� S �oser 4XIrry G f £Co i./62V (As shown on the Acknowledgement of Business Form) THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 4 7 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE