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
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1 ti , e or — Woodrow . - ay
1.
1
11 Commissi • er — David T. erker
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2 i Co missio — Mi ael / itzpatrick
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26 ATTEST: e
2 Co f i — Joe Casello
2
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2/ fr M. Prainito, MMC
2: i ty Clerk
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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
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CITY
ATTEST: o c,
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!15. a � BY:
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410 Y CLERK
APPROVED AS ' +) FORM:
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C A O' I V
CONTRACTOR
M SSES: , BY:X
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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
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(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.
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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