R15-165 RESOLUTION NO. R 15 -165
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO SIGN AN AGREEMENT IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY FOR THE
AWARD OF THE THREE (3) YEAR TOWING
FRANCHISE, RFP #064 - 2110- 15 /JMA TO THE TOP
RANKED RESPONDENTS FOR TOWING AND
11 STORAGE SERVICES; AND PROVIDING AN
1 EFFECTIVE DATE.
1'
1: WHEREAS, on November 18, 2015, the City received and opened four (4)
1 responses from tow vendors; and
1• WHEREAS, an evaluation of proposals was conducted and the Tow RFP
1 Committee is recommending the City Commission continue with the two (2) vendor award
1 . and award a three year contract to the top two respondents which were Beck's Towing &
1 ; Recovery, Inc., in the amount $101,123.00 and Blake's Towing & Transport, Inc., in the
1 • amount of $133,875.00 for a total annual contract price of $234,998.00; 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 #064-
2 ; 2110- 15 /JMA to the top two ranked respondents for Towing and Storage Services which is
24 Beck's Towing & Recovery, Inc., in the amount $101,123.00 and Blake's Towing &
2 Transport, Inc., in the amount of $133,875.00 for a total annual contract price of
2;. $234,998.00.
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
2;; THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2" Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
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1
3: as being true and correct and are hereby made a specific part of this Resolution upon
31 adoption.
32 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
33 approves the award of a three -year tow franchise RFP #064 - 2110- 15 /JMA to the top two
34 ranked respondents for Towing and Storage Services which is Beck's Towing & Recovery,
35 Inc., in the amount $101,123.00 and Blake's Towing & Transport, Inc., in the amount of
33 $133,875.00 for a total annual contract price of $234,998.00 and authorizes the City
37 Manager to sign a Franchise Agreement for Vehicle Towing with each company
33 individually in a form acceptable to the City Attorney.
39 Section 3. That this Resolution shall become effective immediately.
4) PASSED AND ADOPTED this 15 day of December, 2015.
41 CITY OF BOYNTON BEACH, FLORIDA
42
43 YES NO
44
45 Mayor — Jerry Taylor
43
47 Vice Mayor — Joe Casello
43
4 Commissioner — David T. Merker .✓'
5
5 Commissioner — Mack McCray ✓
5'
5: Commissioner — Michael M. Fitzpatrick
5
5•
5. VOTE -
5' ATTEST:
5:
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TOWING FRANCHISE AGREEMENT
THIS AGREEMENT, dated the 15` day of December 2015 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.
1.1.2 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
perform the to manpower CONTRACTOR has the professional expertise, experience and man p p
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 No. 064 - 2110- 15 /JMA, 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:
Option I - Single Provider: Minimum 100 spaces;
Option II -Two Providers: Minimum 50 spaces each;
Draft Contract 2 of 16
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
2011 -008 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 2011 -008 Palm Beach County Towing Ordinance adopted May 17, 2011 and as
amended.
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
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
Draft Contract 3 of 16
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 _$133,875.00 annually,
payable in quarterly installments for the privilege of engaging in this Agreement with the
CITY. The first quarterly payment shall be made on or before December 15, 2015 and thereafter
in quarterly 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 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, 2015 and ending
December 14, 2018. This contract may be renewed for two additional one -year terms upon
mutual agreement of City and Contractor.
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.
4.1.3 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.
Draft Contract 4 of 16
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 are at 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: Lori LaVerriere, 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
Fort Lauderdale, Florida 33308
Phone: (954) 771 -4500
Fax: (954) 771 -4923
Draft Contract 5 of 16
Contractor: Steven Beck
Beck's Towing & Recovery, Inc.
410 N.E. 5` Avenue
Boynton Beach, FL 33435
Phone: (561) 369 -1096
Fax: (561) 369 -0698
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.
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.
Draft Contract 6 of 16
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.
CITY OF BOYNTON BEACH
ATTEST:
taji
BY: , 't a lie/4 c i•c,
./ WI • RaLL-10 Lori LaVerriere, City Manager
CITY CLERK
A PPROVED AS TO FORM:
t
Ja V es A. Cherof, it Attorney
BECK'S TOWING & RECOVERY, INC.
ITNESSE BY: �
A dvum
Print NamA✓fi , c,C
Title: rkZ.Si.nErf j
STATE OF FL•RIDA
COUNTY OF PALM BEACH )
The fore oin� - instrument was acknowled ed before me this day of i� C'c %' j-E r- , 20
tc
by foregoing,
(4/ vk of -k � r 72 ) I and acknowledged (t)he executed
7
the foregoing Agreement as the proper official of - ) /A--/ 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 corpor-
461. Pp B(% JUDITH A. PYLE
MY COMMISSION # EE 871796 (Sig =t -re of Notary Public - S of Florida)
EXPIRES: April 21, 2017 /I �/
47,OF FIO' Bonded ThN Budget Notary Services ;/ // - Y
(Print, Type or Stamp Commissfon Name of Notary Public)
Personally Known OR Produced Identification
Type of Identification Produced
8
Exhibit C
Palm Beach County Resolution
ARIICLEVI I I. - TOW TR JCKS
FOOTNOTE(S):
- -- (11) - --
Editor's rote —Or d. No, 2011-008, §§ i -2 , adopted Ma 17, 2011, amended a t. °III I I In Its entirety, In
e`tect repea ing an d reenacting said a tic e to rea d as herein set out, The rnrmer art, VI I I, §§ 19k 1 1 19k
208, pertained to similar subject matter an d derived tr orr Ord, No, 2010-001, ` i 2 , adopted Jan 12,
2010,
Cross reference Licenses eneraHy, ch
SBc. 19 -181. -Title.
This article shall be known and cited as the Tow Truck Ordinance of Palm Beach County, Florida.
(Ord. No. 2011 -008, § 1, 5- 17 -11)
SBc. 19 -182. - Definitions.
For the purposes of this article, the following definitions shall apply:
Administrative /lien fee shall mean the fee that is charged for title and lien search, advertising costs,
and notification of lien holder and owner of the whereabouts and charges against a vehicle or vessel.
Advertisement shall mean any written statement made in connection with the solicitation of a tow
truck company and includes without limitation, statements and representations made in a newspaper,
telephone directory or other publication, radio, television, electronic medium or contained in any notice,
handbill, business card, sign, catalog, billboard, brochure, poster or letter.
Applicant shall mean any person who applies for an operating permit or with Palm Beach County. In
the case of partnerships, associations, corporations and other legal entities, "applicant" shall also mean
any member of a partnership and the corporate officers and directors.
Authorized driver /agent shall mean any person who is empowered to act on behalf of the
vehicle /vessel owner or lien holder.
Commission shall mean the Board of County Commissioners of Palm Beach County, Florida.
Compensation shall mean the exchange of goods or services for money, property, service or
anything else of value.
Consent tow shall mean the recovery, towing and storage of a vehicle or vessel with the
authorization /consent of the vehicle /vessel owner or authorized driver.
Consent tow company shall mean a person(s) who tows a motor vehicle /vessel with the
authorization /consent of the vehicle /vessel owner or authorized driver /agent.
Consent -only towing operating permit shall mean the authority required by the provisions of this
article of any individual or towing company engaging in the business of performing consent -only towing of
vehicles /vessels.
Commercial towing company shall mean any person or business entity which tows or recovers
vehicles /vessels commercially which results in compensation from the sale or resale of vehicles /vessels
or salvaged parts.
Director shall mean the division director, or his or her designee.
Page 1
Division shall mean the consumer affairs division designated to implement, enforce and monitor this
article.
Duly authorized agent shall mean a person designated by and acting on behalf of a real property
owner per contractual agreement to request private property impounds. The duly authorized agent shall
have no affiliation with the tow truck company providing the towing service. The real property owner shall
only appoint duly authorized agents which have a direct connection to the property (i.e., board member,
employee of the property management company or home /condo owner's association, employee of the
real property owner or state of Florida licensed security agency contracted by the real property owner or
manager).
Employee shall mean a person who is compensated financially for a period of not less than twenty
(20) hours per week and who performs all of his /her employment functions on the property of the
employer or management company and is issued an annual federal tax statement of earnings (W -2
Form).
Extra time at scene /labor shall mean any extra time beyond one -half hour, needed to safely remove
a vehicle or vessel and shall also include the amount of time spent at a scene when a tow truck has been
summoned and is on scene but unable to proceed through no fault of the tow truck operator. All extra
time /labor shall be documented by the tow truck driver and shall include the name of the law enforcement
agency and the law enforcement agency case number or the officer's name and badge number. The
documentation shall also include a detailed explanation of the services rendered which necessitated the
charges and if possible photographs of the scene. Extra time /labor shall be charged in fifteen - minute
increments.
Good faith effort shall mean that required steps have been performed by the tow truck company
according to Florida Statutes, § 713.78(4)(d) to locate the vehicle /vessel owner or lien holder.
Gross weight shall mean the weight of a tow truck in pounds plus the weight of the
vehicle(s) /vessel(s) and contents being towed.
License shall mean the business operating permit, certificate or document which allows a person to
engage in Palm Beach County in the activity of recovering, towing, removing, and storing of vehicles
and /or vessels for compensation. As used in this article, a license shall not mean a municipal or county
business tax receipt.
Light reflective sign shall mean an eighteen -inch wide by twenty- four -inch high sign made of
aluminum (at least .040 thicknesses) or fiber reinforced plastic (at least .090 thickness). The entire
background surface and all lettering must at a minimum be Type 1 Engineered Grade Sheeting (ASTM
D4956 -01) or 3M Engineer Grade Prismatic Reflective Sheeting Series 3430 (or equivalent). The letters
may be screen printed on the Type 1 sheeting using a compatible transparent ink so that the retro
reflection is maintained and visible.
Mechanical connection shall mean any type of physical connection between a vehicle or vessel to be
towed and the tow truck /flatbed truck /car carrier and includes the use of devices for maneuvering
unattended vehicles /vessels unable to be safely moved by conventional winching or towing equipment.
Non - consent tow shall mean the recovery, towing, removal and storage of a vehicle or vessel without
authorization of the vehicle /vessel owner or authorized driver and shall include both "police directed tows"
and "private property impounds" as defined herein.
Non - consent towing company shall mean person(s) who perform "police directed tows" or "private
property impounds" as defined herein.
Operate shall mean providing the services of recovering, towing, or removing vehicles or vessels and
any vehicle /vessel storage services associated therewith.
Operator shall mean any person who provides the services of recovering, towing, or removing
vehicles and any vehicle storage services associated therewith and includes without distinction the
owning entity of a towing firm and the driver of a tow truck.
Page 2
Person shall mean any natural person, firm, partnership, association, corporation or other entity of
any kind whatsoever.
Place of business shall mean the tow truck company that provides towing, removal, recovery and
storage services.
Police directed tow shall mean the removal and storage of a wrecked or disabled vehicles at the
direction of police /law enforcement from an accident scene or the removal and storage of a vehicles in
the event the vehicle owner or authorized driver is incapacitated, unavailable, or otherwise does not
consent to the removal of the vehicle, excepting, however, all incidents of "private property impounds" as
herein defined below.
Prior express instruction shall mean a clear, definite and explicit request: a) made by a police agency
to recover, tow, remove, or store a specific and individual vehicle or vessel which is disabled, abandoned,
or parked without authorization or whose vehicle /vessel owner or authorized driver is unable or unwilling
to remove the vehicle; or b) made in writing by a real property owner or duly authorized agent of the real
property owner, as specifically referenced on the written contract between the real property owner and
tow truck company, to recover, tow, remove and store a specific and individual vehicle or vessel parked
without permission of the real property owner. The tow truck company, an employee or agent thereof
shall not be the designated agent of the real property owner for the purpose of providing prior express
instruction to recover, tow, remove or store the vehicle or vessel.
Private property impound shall mean towing or removal of a vehicle or vessel, without the consent of
the vehicle /vessel's owner or authorized driver when that vehicle /vessel is parked on real property, as
authorized by Florida Statutes, § 715.07, as may be amended.
Proof of ownership for vehicle /vessel release shall mean that one (1) or more of the following
documents are required along with a government issued photo identification:
(1) Current vehicle registration;
(2) Vehicle title;
(3) An authorized driver /agent with a notarized release from the vehicle /vessel owner or lien holder.
Vehicle /vessel owners have the right to identify /approve designated agents to claim vehicles on
their behalf. A facsimile or electronic transfer of a notarized release statement from the
vehicle /vessel owner shall be accepted;
(4) Insurance card with the vehicle /vessel owner's information, vehicle description and vehicle
identification number;
(5) Licensed dealer in possession of an auction buyers sales invoice; and /or
(6) A notarized bill of sale for non - titled vehicles or vessels.
If the owner of the vehicle has had his /her Florida driver's license confiscated by law enforcement
and has no other government issued photo identification then at least one (1) of the following forms of
identification shall be accepted: an itemized voucher /property receipt from an arresting law enforcement
agency, a booking or arrest record, or original citation from a law enforcement agency all issued within
seven (7) days of the date the vehicle was towed.
Real property owner shall mean that person who exercises dominion and control over real property,
including but not limited to, the legal title holder, lessee, designated representative of a condominium or
homeowner's association or any person authorized to exercise or share dominion and control over real
property; provided, however, that "real property owner" shall not mean or include a person providing
towing services within the purview of this article.
Recover shall mean to take possession of a vehicle or vessel and its contents and to exercise
control, supervision and responsibility over it.
Recovery shall mean the removal of a vehicle or vessel from an area not readily accessible to a
roadway (i.e., within a standard cable length).
Page 3
Remove shall mean to change the location of a vehicle by towing it.
Revoke shall mean to annul and make void the operating permit of a tow truck company engaged in
providing towing services.
Storage shall mean to place and leave a towed vehicle or vessel at a location where the person
providing the towing services exercises control, supervision and the responsibility over the vehicle.
Storage facility shall mean the location where towed vehicles or vessels are stored.
Tow shall mean to haul, draw or pull along a vehicle or vessel by means of a tow truck equipped with
booms, car carriers, winches or similar commercially manufactured equipment.
Towing shall mean the act of moving one (1) vehicle or vessel from one (1) point to another
(including hook -up, lift, and transport) using what is commonly referred to as a tow truck or a car carrier.
Towing operating permit shall mean the authority required by the provisions of this article of any
individual or towing company engaging in the business of both non - consent and consent towing of
vehicles /vessels.
Tow truck shall mean any vehicle used to tow, haul, carry or to attempt to tow, haul or carry a vehicle
or vessel.
Tow truck company shall mean any person, company, corporation, or other entity, which engages in,
owns or operates a business which provides towing, recovery, removal and storage of vehicles or vessels
for compensation.
Tow truck decal shall mean a decal placed upon any tow truck granted approval to provide non -
consent towing services by the division.
Tow truck driver shall mean the individual who is driving or physically operating a tow truck for a tow
truck company engaged in non - consent tows.
Unfair or deceptive trade acts or practices shall mean unfair methods of competition, unconscionable
acts or practices and unfair deceptive acts or practices in the conduct of any consumer transaction and
shall include but are not limited to the following:
(1) Representations that goods or services have sponsorship, approval, characteristics,
ingredients, uses, benefits, or quantities which they do not have;
(2) Representations that a person or tow truck company has a sponsorship, approval, status,
affiliation or connection which he or she does not have;
(3) Representations that goods are original or new if in fact they are not, or if they are deteriorated,
altered, reconditioned, reclaimed, or second -hand;
(4) Representations that goods are of a particular standard, brand, quality, style, or model, if they
are of another;
(5) Representations that goods or services are those of another, if they are not;
(6) Using deceptive representations or designations of geographic origin in connection with goods
or services;
(7) Advertising goods or services intending not to sell them as advertised;
(8) Advertising goods or services with intent not to supply reasonable expectable public demand,
unless the advertisement discloses a limitation of quantity;
(9) Making false or misleading statements concerning the need for, or necessity of, any goods,
services, replacements, or repairs;
(10) Disparaging the goods, services, or business of another by false or misleading representations
of fact;
'.•-
(11) Making false or misleading statements of fact concerning the reasons for the existence of, or
amounts of price reductions;
(12) Failing to return or refund deposits or advance payments for goods not delivered or services not
rendered, when no default or further obligation of persons making such deposits or advance
payments exists;
(13) Taking consideration for goods or services intending not to deliver such goods or perform such
services, or intending to deliver goods or provide service materially different from those
contracted for, ordered or sold;
(14) Offering gifts, prizes, free items, or other gratuities, intending not to provide them as offered in
connection with a sale of goods or services to a consumer;
(15) Making false or misleading statements concerning the existence, terms, or probability of any
rebate, additional goods or services, commission, or discount offered as an inducement for the
sale of goods or services;
(16) Using physical force, threat of physical force, or coercion in dealing with consumers;
(17) Any violation of the Florida Deceptive and Unfair Trade Practices Act, Florida Statutes, §
501.201 et seq.
Vehicle shall mean an automobile, truck, bus, trailer, motorcycle, moped, motorized scooters,
recreational unit primarily designed as temporary living quarters which either has its own motive power or
is drawn by another vehicle, or any other mobile item using wheels and being operated on the roads of
Palm Beach County, which is used to transport persons or property and is propelled by power other than
muscular power; provided, however, that the term does not include bicycles, traction engines, road
rollers, commercial heavy equipment or vehicles which run only upon a track.
Vehicle or vessel owner shall mean a person with the "proof of ownership" described in this article.
Vessel shall mean every description of watercraft, barge and air boat used or capable of being used
as a means of transportation on water, other than a seaplane or a "documented vessel" as defined in
Florida Statutes, § 327.02.
(Ord. No. 2011 -008, § 2, 5- 17 -11)
SBc. 19 -183. - Tow truck class specifications.
All towing vehicles must meet the following requirements and be commercially manufactured and
meet all federal transportation and tow truck requirements.
(a) Class A ratings.
Tow truck:
(1) Minimum gross weight .....14,500 lbs.
(2) Minimum boom capacity .....16,000 lbs.
(3) Minimum winching capacity .....8,000 lbs
(4) Minimum cable size and length .....3/8" x 100'
(5) Minimum wheel lift retracted rating .....5,000 lbs.
(6) Minimum wheel lift extended rating .....4,000 lbs.
(7) Minimum tow sling safe lift .....3,500 lbs.
(8) Minimum safety chains (2 each) .....5/16" grade 70
(9) Minimum cab to axle dimension .....60"
Page 5
Car carrier:
(1) Minimum gross weight .....15,000 lbs.
(2) Minimum deck capacity .....10,000 lbs.
(3) Minimum length .....19'
(4) Minimum winching capacity .....8,000 lbs.
(5) Minimum cable size and length .....3/8" x 50'
(6) Minimum tie down chains (4 each) .....5/16" grade 80
(7) Tie down straps (optional) (4 each) .....2,000 lbs.
each wheel
(8) Minimum cab to axle dimension .....120"
Light duty— Non - police towing:
(1) Minimum gross weight .....9,500 lbs.
(2) Minimum weight of tow truck .....4,000 lbs.
(3) Minimum wheel lift extended rating .....2,500 lbs.
(4) Minimum cab to axle dimension .....60"
(b) Class B ratings (medium duty).
Tow truck:
(1) Minimum gross weight .....19,000 lbs.
(2) Minimum boom capacity .....24,000 lbs.
(3) Minimum winching capacity .....dual 12,000
(4) Minimum cable size and length .....7/16" x 150'
(5) Minimum wheel lift retracted rating .....10,500 lbs.
(6) Minimum wheel lift extended rating .....6,500 lbs.
(7) Minimum tow sling safe lift .....3,500 lbs.
(8) Minimum safety chains (2 each) .....3/8" grade 80
(9) Minimum cab to axle dimension .....96"
(10) Required state DOT registration.
Car carrier:
(1) Minimum gross weight .....22,500 lbs.
(2) Minimum deck capacity ..... 10,000 lbs.
(3) Minimum wheel lift capacity for 2 nd vehicle .....4,000 lbs.
(4) Minimum length .....19'
(5) Minimum winching capacity .....8,000 lbs.
(6) Minimum cable size and length .....3/8" x 50'
(7) Minimum tie down chains (4 each) .....5/16" grade 80
Em.
(8) Tie down straps (optional)
each wheel
(9) Minimum cab to axle dimension .....120"
(10) Required state DOT registration.
(c) Class C tow truck — Ratings (heavy duty).
(1) Minimum gross weight .....33,000 lbs.
(4 each) .....2,000 lbs.
Air brakes, all tires H rated, capacity must equal axle rating. Device required to control
disabled vehicle's brakes.
(2) Minimum boom capacity .....50,000 lbs.
(3) Minimum winching capacity .....50,000 lbs.
(4) Minimum cable size and length .....5/8" x 150'
(5) Minimum wheel lift retracted rating .....40,000 lbs.
(6) Minimum wheel lift extended rating .....12,000 lbs.
(7) Minimum tow bar .....10,000 lbs.
(8) Minimum safety chains (2 each) .....'/2' grade 80
(9) Minimum cab to axle dimension .....156"
(10) Required state DOT registration.
(d) Class D tow truck — Ratings (ultra heavy duty).
(1) Minimum gross weight .....58,000 lbs.
Air brakes, all tires H rated, capacity must equal axle rating. Device required to control
disabled vehicle's brakes. Tandem axles required.
(2) Minimum boom capacity ..... 100,000 lbs.
(3) Minimum winching capacity ..... 100,000 lbs.
(4) Minimum cable size and length ..... x 250'
(5) Minimum wheel lift retracted rating .....40,000 lbs.
(6) Minimum wheel lift extended rating .....15,000
(7) Minimum heavy -duty towbar rating ..... 10,000 lbs.
(8) Minimum safety chains (2 each) .....'/2' grade 80
(9) Minimum cab to axle dimension .....18"
(10) Required state DOT registration.
(Ord. No. 2011 -008, § 3, 5- 17 -11)
SBc. 19 -184. - Operating permit required.
(a) It shall be unlawful for any person to recover, tow, remove or store a vehicle /vessel for compensation
in Palm Beach County or to cause or permit any other person for compensation to recover, tow,
remove or store a vehicle /vessel in Palm Beach County without first obtaining and maintaining a
current and valid operating permit pursuant to the provisions of this article. It shall also be unlawful to
advertise said services without first obtaining and maintaining a current and valid operating permit
Page 7
pursuant to the provisions of this article. A person conducting non - consent tows in Palm Beach
County but having his /her primary place of business outside of Palm Beach County shall be required
to obtain an operating permit and shall be subject to all the provisions of this article.
(b) Towing companies whose principal place of business is located outside Palm Beach County that
provide consent -only towing services in Palm Beach County shall be exempt from the
licensing /permitting provisions of this article, except that such towing companies are required to be
licensed if the company picks -up and drops -off a vehicle or vessel solely within Palm Beach County
as one (1) complete service.
(c) The provisions of this article shall not apply to governmental agencies, vehicle rental companies
which tow their own vehicles, to businesses utilizing trucks capable of transporting five (5) or more
vehicles at one (1) time, or to persons who use towing vehicles to transport their vehicles solely for
personal, family, household or recreational use.
(Ord. No. 2011 -008, § 4, 5- 17 -11)
Sec. 19 -185. -New applications renewals and issuance of operating permit; fees.
(a) The division shall issue either a towing operating permit or a consent -only towing operating permit to
tow truck companies which have met the standards and requirements for an operating permit as
provided for in this article.
(b) Every application /renewal for an operating permit shall be in writing, signed and verified by the
applicant, and filed with the division. The application /renewal shall be on a form prescribed by the
division and shall contain information, including but not limited to:
(1) Sufficient information to identify the applicant, including but not limited to, full legal name, date
of birth, telephone numbers, the place of business and residence addresses, a copy of the
applicant's Palm Beach County Business Tax Receipt and Florida driver's license number. If the
applicant is a corporation, the foregoing information shall be provided for each corporate officer,
director, registered agent and shareholder. If the applicant is a partnership, the foregoing
information shall be provided for each general and limited partner. Post office box addresses
shall not be accepted.
(2) Documentation demonstrating that all corporate or partnership applicants are qualified under
the laws of Florida to do business under the trade name or names under which it has applied for
an operating permit.
(3) A list of all persons with any ownership interest in the company who have previously been
denied an operating permit from this or any other jurisdiction.
(4) Verification of the business' current corporate status and fictitious name registration (if
applicable) with the State of Florida.
(5) Any trade name under which the business operates, intends to operate, or has previously
operated.
(6) The location and physical addresses of all places of business including storage facilities.
(7) A description of services proposed to be provided, including, but not limited to, days and hours
of operation and types of towing and storage services to be provided.
(8) Proof of insurance as required in section 19 -187 (insurance requirements). As proof of
insurance, a certificate of insurance must be submitted on the company's behalf directly to the
division by the insurance company or agent.
(9) A signature of each individual applicant, president or vice - president of a corporation and of all
the general and limited partners of a partnership having 25 percent or greater ownership in the
company.
-.. -
(10) The submission of a statement assuring that each tow truck is commercially manufactured,
meets the specifications listed herein, is in safe operating condition and receives routine
service /maintenance.
(11) An agreement on the part of the applicant to abide by the provisions of this article and the laws
of the State of Florida.
(12) Such additional information required by the division to process the application /renewal.
(c) The division shall review and investigate each application /renewal of an operating permit and shall
deny any application /renewal that is incomplete or untrue in whole or in part, or which fails in any
way to meet the requirements of this article including but not limited to the following:
(1) The applicant has been convicted of, found guilty of, or pled guilty or nolo contendere to,
regardless of the adjudication of guilt, within the last ten (10) years involving: repossession of a
motor vehicle under Florida Statutes, ch. 493, repair of a motor vehicle under Florida Statutes,
§§ 559.901- 559.9221, theft of a motor vehicle under Florida Statutes, § 812.014, carjacking
under Florida Statutes, § 812.133, operation of a chop shop under Florida Statutes, § 812.16,
failure to maintain records of motor vehicle parts and accessories under Florida Statutes, §
860.14, airbag theft or use of fake airbags under Florida Statutes, § 860.145 or § 860.146,
overcharging for repairs and parts under Florida Statutes, § 860.15, or violation of the towing or
storage requirements for a motor vehicle under Florida Statutes, § 321.051, ch. 323, § 713.78, §
715.07, or any felony where use of a vehicle was involved in theft of property. In the case of a
corporate or partnership applicant, all corporate officers and directors, or partners shall provide
all such information, as the case may be.
(2) Any unsatisfied civil fines or penalties arising out of an administrative or enforcement action
brought by the division (including any cease and desist orders and /or assurances of voluntary
compliance issued by the division) or another governmental agency based upon conduct
involving a violation of this article or other towing regulations.
(3) Any criminal, administrative, or enforcement proceeding in any jurisdiction based upon conduct
involving a violation of this article or other towing regulations. This paragraph shall apply to
consent -only towing companies when such proceedings from other jurisdictions relate to public
safety.
(4) Any unsatisfied judgments entered in an action brought by the division under this article.
(5) Has had its operating permit previously revoked by action of the division or any other jurisdiction
within two (2) years of the date of application. This paragraph shall apply to consent -only towing
companies when such proceedings relate to public safety.
(d) All tow truck companies which desire to operate in Palm Beach County must secure an operating
permit and follow the permitting procedures described in this section prior to conducting business. If
there are six (6) months or less remaining before the annual renewal period, the nonrefundable fee
for the operating permit shall be fifty (50) percent of the approved fee, otherwise all other fees are
applicable.
(e) Each operating permit and tow truck decal issued pursuant to this section shall be valid and effective
for one (1) year, terminating on December 31 of each year. Failure to submit an operating permit
application and the required nonrefundable fee for renewal by September 30 of each year will result
in the assessment of a nonrefundable late fee. All fees shall be established by a resolution of the
commission.
(f) Tow truck companies failing to submit a complete and true application within thirty (30) calendar
days after the division's receipt of the application shall be denied an operating permit. Within ten (10)
business days of receipt of the division's notice of denial, such tow truck companies may refile a
complete and true application and pay a nonrefundable application re- filing fee established by a
resolution of the commission. Failure to refile an application within this ten -day period will result in
the tow truck company being required to submit a new application and repaying the nonrefundable
-•- •
application permit fee and applicable tow truck decal fees. The failure to re -file and pay the required
fees will result in the denial of the operating permit application for that licensing period.
(g) After initial application and upon renewal, the applicant shall submit to a background investigation
every other year.
(h) Each operating permit shall be printed on a certificate containing, at a minimum, the name and
address of the company, the name of the principal, the dates the operating permit is in effect, and
the identifying number assigned by the division to the company. The operating permit certificate
issued by the division shall remain the property of Palm Beach County and shall be used only under
the authority of the division.
(i) All operating permits shall be renewed annually. As a part of the renewal process, the original
application shall be updated and verified by the applicant. Each updated renewal application shall be
accompanied by a nonrefundable fee. All operating permits which are not renewed shall
automatically expire upon the expiration date of the operating permit, as stated on the operating
permit, and all recovery, towing, removing and storage services permitted shall cease immediately.
The division shall deny each renewal application that is not timely, is incomplete, is untrue in whole
or in part, is unaccompanied by the required fees, or results in a determination by the division that
the applicant has failed to satisfy the requirements of this article.
Q) An operating permit issued or renewed pursuant to the provisions of this section shall not be
transferable, nor shall the ownership structure of the operating permit be so modified as to constitute
a change in the control or ownership of the operating permit. If the business changes its name or
ownership structure, a new business permit application and the business application permit fee shall
be submitted to the division within forty -five (45) days of said change. In cases where the name of
the business changes, the new business will be required to have each vehicle inspected and must
also pay decal /vehicle fees.
(k) Failure to comply with the provisions of this section may result in denial of an operating permit,
revocation or suspension of the operating permit, a denial of renewal of such operating permit,
issuance of a civil citation, a criminal conviction and /or other such remedies available to the division
herein.
All fees collected shall be deposited in a separate county fund for the division's operation
(Ord. No. 2011 -008, § 5, 5- 17 -11)
SBc. 19 -186. - Inspection of storage yards and public offices required.
(a) Prior to the issuance of an operating permit, the division shall inspect each storage facility and public
office area to assure compliance with this article and the following:
(b) Non - consent towing storage facilities must meet the following requirements:
(1) Adequate chain -link or solid -wall fencing that has a minimum height of six (6) feet with lockable
and secure gates surrounding the storage facility (Florida Statutes, § 713.78(7)(b)1).
(2) At least ten (10) feet by twenty (20) feet of outdoor storage space for each standard
vehicle /vessel (more for larger vehicles). The facility must be able to accommodate a minimum
of ten (10) standard size vehicles. For towing companies unable to provide outdoor storage, an
indoor facility must be provided with the same space for a minimum of ten (10) standard size
vehicles and must use one (1) or more of the security methods defined herein. Towing
companies which provide only indoor storage shall not exceed the maximum allowable outdoor
storage rates established by the commission.
(3) At least ten (10) feet by twenty (20) feet of indoor storage space for each standard
vehicle /vessel. The indoor storage space must adequately protect the vehicle from natural (i.e.,
rain, hail, etc.) and man -made (i.e., paint, chemicals, etc.) elements, be isolated to prevent
Page 10
contact with unapproved personnel /public and be placed in such a manner to prevent damage
by any other means. Indoor storage space shall be adequately vented to the outside to prevent
accumulation of toxic fumes or gases that may pose a threat to human health. The indoor
facility must be able to accommodate a minimum of at least two standard size vehicles.
(4) Illuminate the storage facility with lighting of sufficient intensity to reveal persons and
vehicles /vessels at a distance of one hundred fifty (150) feet during nighttime (Florida Statutes,
§ 713.78(7)(b)2).
(5) Each storage facility must use one (1) or more of the following security methods to discourage
theft of vehicles /vessels or of any personal property contained in such vehicles /vessels:
a. A night dispatcher or watchman remaining on duty at the storage facility from sunset to
sunrise;
b. A guard dog (as licensed and approved by the Palm Beach County Animal Care and
Control Division) which remains at the storage facility from sunset to sunrise;
c. Security cameras or other similar electronic surveillance devices which monitor and record
activities in the storage facility during the hours the business is closed to the public; or
d. A licensed security guard service which examines /patrols the storage facility at least once
each hour from sunset to sunrise (Florida Statutes, § 713.78(7)(b)3).
(6) An appropriate office area protected from the weather and equipped with a wired telephone
system and approved sanitary facilities in accordance with the requirements of Chapter 64E -10,
FAC.
(c) By resolution, the commission may establish a storage yard inspection fee.
(Ord. No. 2011 -008, § 6, 5- 17 -11)
Sec. 19 -187. - Insurance requirements.
(a) It shall be unlawful for any tow truck company to recover, tow, or remove a vehicle /vessel or to
provide vehicle /vessel storage services in connection therewith until that company has filed with the
division and maintains in effect, the following types of commercial insurance: auto liability for each
vehicle, general /garage liability, on -hook cargo liability and worker's compensation (as required by
state law). The board shall establish the minimum insurance limits by resolution for each insurance
type.
(b) All insurance policies required shall be issued by insurance companies licensed and admitted to
write commercial liability insurance in the State of Florida. No policy shall be accepted which is less
than a six -month duration. Each policy shall be endorsed to provide for thirty (30) days written notice
to the division of any non - renewal of the policy or at least ten (10) days written notice to the division
of any cancellation /non - payment of the policy.
(c) A properly completed certificate of insurance evidencing all insurance coverages shall be made
available to the division upon application for an operating permit. Each vehicle must be listed on the
certificate(s) by its year, make and vehicle identification number. Certificates of insurance must
contain the following name and address as certificate holder:
Board of
of Palm
c/o Division of
50 South
West Palm Beach, FL 33415
County Commissioners
Beach County
Consumer Affairs
Military Trail
Evidence of the renewal of the policy shall be filed with the division prior to such policy's expiration
date. Failure to file such evidence of insurance, or failure to have same in full force and effect, may result
Page 11
in denial of a permit, revocation or suspension of the permit, a denial of renewal of such permit, issuance
of a civil citation, a misdemeanor charge or other such remedies available to the division herein.
(d) The division may deny, suspend or revoke the operating permit of any company for failure to obtain
or maintain insurance as required by this article. Any company which submits false or fraudulent
insurance documents shall be subject to immediate denial or revocation. Such companies shall not
be eligible to reapply for a business permit for five (5) years. The division shall notify the state
department of financial services /division of insurance fraud for follow -up investigation and review.
Upon denial, suspension or revocation of the business permit, the company shall be entitled to an
appeal according to the provisions in section 19 -207 (hearings and appeals).
(e) The division shall suspend the operating permit of any company which fails to ensure that each and
every registered vehicle associated with the company has:
(1) A current certificate of insurance provided to the division by the authorized agent or insurance
company no later than the date of expiration of its previous policy; or
(2) A reinstatement notice provided to the Division no later than the date of cancellation of said
policy.
(3) Any company which has had its business permit suspended more than two (2) times in any
twelve -month period may have such permit revoked for a period of one (1) year.
(f) An "administrative insurance reactivation" fee established by resolution of the board, shall be
assessed all tow truck companies that are suspended pursuant to subsection (d) above. The
suspension shall not be withdrawn until the fee is paid to the division.
(Ord. No. 2011 -008, § 7, 5- 17 -11)
Sec. 19 -188. - Tow truck registration; tow truck standards; decals.
(a) It shall be unlawful to recover, tow or remove a vehicle /vessel or to store it in connection therewith
unless the tow truck used to provide such service displays in the lower left corner (driver side) of the
front window a current decal issued by the division. The tow truck decal remains the property of the
division and can be used only under the authority of the division.
(b) The division is authorized to issue current tow truck decals for each separate tow truck upon
application by the tow truck company and completion or satisfaction of the following:
(1) Inspection by personnel authorized by the division to ensure that the tow truck clearly displays
the company name on the exterior of the driver and passenger sides in permanently affixed
letters in contrasting colors at least three (3) inches high. The physical address of the business,
telephone number and operating permit number must be in at least one (1) inch permanently
affixed letters in contrasting colors on the exterior driver and passenger sides. Magnetic signage
of any type is not permitted.
(2) Submission of an affidavit to the division assuring that each tow truck is commercially
manufactured and meets the specifications listed in section 19 -183 (tow truck class
specification) and is in safe operating condition.
(3) An application form prepared by the division and completed by the tow truck company, which
correctly indicates the year, make, model, vehicle identification number, and the State of Florida
motor vehicle license plate number and the expiration date of the license plate of the tow truck.
A copy of the State of Florida Vehicle Registration shall be provided for each vehicle to be
registered /permitted with the division.
(4) Payment of a nonrefundable decal fee established by resolution of the Commission and
deposited and used in the same manner as other fees and charges under this article.
Page 12
(5) Inspection of the tow truck by personnel authorized by the division to ensure that the tow truck
meets the minimum tow truck signage requirements and safety and equipment standards. The
minimum safety requirements for all tow trucks shall be:
a. Compliance with section 19 -183 (tow truck class specification);
b. Vehicle and towing apparatus in safe operating condition pursuant to Florida Statutes, ch.
316;
c. Tire conditions and tread;
d. Braking performance;
e. Lights —Head, parking, rear, signal and flood;
f. Amber emergency lighting;
g. Fire extinguisher;
h. Safety equipment — Flares, light reflective safety cones or red triangle highway warning
reflectors; and
i. Flashlight.
Tow trucks used exclusively for police directed tows shall be required to also have the following:
a. "Oil dry" or its equivalent; and
b. Equipment— Crowbar /pryer, jumper cables, bolt cutters, four -way lug wrench, extra tow
chain, five - gallon trash receptacle, fire axe, heavy duty push broom and shovel.
(c) It shall be unlawful for any tow truck company to alter or transfer ownership of any decal. If a tow
truck is destroyed or sold, the tow truck company must remove said decal and surrender the remains
to the division.
(d) Any additional tow trucks must comply with this section prior to being used for recovery, towing or
removal of any vehicle /vessel. Upon compliance with this section, additional tow trucks acquired
during the licensing year will receive a decal at a prorated fee. The prorated fee shall be fifty (50)
percent of the regular decal fee if there are six (6) months or less remaining before the annual
renewal period.
(e) Decals shall be issued in numerical order and each decal issued shall display its assigned number.
Decals shall be issued annually when the operating permit is renewed.
(f) The decal for each tow truck shall be affixed by personnel authorized by the division and shall at all
times be displayed and available for inspection by any law enforcement officer or by personnel
authorized by the division to perform enforcement duties.
(g) Replacement or duplicate decals may be authorized by the division upon the completion of an
application and notarized statement of the tow truck company stating that such replacement or
duplicate decal is necessary and stating the reasons for such request, along with a nominal charge
to be approved by resolution of the commission.
(h) A towing company which has tow trucks inspected by a municipality or law enforcement agency that
meet the inspection requirements of this article, shall be exempt from the inspection requirements
herein as long as the inspection took place within ninety (90) days of the required division inspection.
However, all tow trucks operating pursuant to this article shall be registered with the division and
meet the vehicle safety requirements of this article.
(Ord. No. 2011 -008, § 8, 5- 17 -11)
SBc. 19 -189. -Inspection procedures and requirements.
Page 13
(a) The division shall conduct storage facility and individual tow truck inspections upon the completion
and submittal of all application requirements by each tow truck company. The division will provide
written notification (fax or electronic notification acceptable) to the tow truck company of the need for
inspection of storage facilities and all tow trucks.
(1) Within five (5) business days of notification, the tow truck company shall contact the division to
schedule an appointment for inspection. Said inspection shall be completed within twenty (20)
business days after the tow truck company contacts the division to schedule the inspection. If
the tow truck company does not schedule the inspection within five (5) business days of
notification, then prior to inspection, an inspection late fee established by resolution of the
commission must be paid to the division. Failure to schedule the appointment following initial
notification by the division within the five -day time period shall result in the denial of the
operating permit and a requirement that the operating permit application be resubmitted along
with applicable nonrefundable operating permit application re- filing fees established by
resolution of the commission.
(2) If the tow truck company cancels the inspection, a cancellation fee must be paid to the division
prior to inspection. Failure to reschedule the appointment within eleven (11) business days of
the initial notification by the division or to complete said inspection within twenty (20) business
days after the appointment has been rescheduled, shall result in the denial of the operating
permit and a requirement that prior to inspection, the operating permit application be
resubmitted along with applicable nonrefundable application re- filing fees established by
resolution of the commission. The applicant shall only be permitted one (1) opportunity to
reschedule the required inspections.
(b) If a storage facility inspection reveals deficiencies (fails) and a reinspection is required, then a
storage facility reinspection fee must be paid to the division. The fee is to be established by the
commission by resolution. Within five (5) business days of notification, the tow truck company shall
contact the division to schedule an appointment for reinspection. Said reinspection shall be
completed within twenty (20) business days after the tow truck company contacts the division to
schedule the reinspection. Failure to complete said reinspection within twenty (20) business days
after the appointment has been scheduled, shall result in the denial of the operating permit and a
requirement that the application be resubmitted along with applicable nonrefundable application re-
filing fees established by resolution of the commission.
(c) Upon the division's inspection of the storage facility and tow truck(s), if all tow trucks are not
available /present, then the tow truck company shall bring the unavailable truck(s) to the division's
designated inspection site within five (5) business days by appointment. If the tow truck(s) are not
inspected within five (5) business days, then a vehicle inspection late fee must be paid to the
division. The fee is to be established by the commission by resolution.
(d) If tow truck inspection reveals deficiencies (fails) and a reinspection is required, then the failed
truck(s) are to be brought to the division's designated reinspection site within five (5) business days
by appointment. The vehicle reinspection fee shall be applied each time the individual tow truck fails
the inspection process. If the tow truck is not reinspected within five (5) business days, then a late
vehicle reinspection fee must be paid to the division.
(e) Tow trucks that are out of service at the time of a scheduled vehicle inspection and are expected to
be out -of- service longer than five (5) business days as well as tow trucks that have failed two (2)
inspections will be red - tagged by the division. A red -tag "out of service" decal will be applied to the
vehicle by a division employee and the vehicle may not be used for any business or towing purposes
until such time as the vehicle is brought to the division's designated site, inspected and approved for
operation. Only division employees may remove the red -tag decal.
(f) It shall be unlawful to operate a tow truck which has failed to pass any critical item specified on any
tow truck inspection performed by personnel authorized by the division or has failed to correct other
inspection deficiencies within the time period specified by the division or is operating with safety
deficiencies or without the proper insurance coverage. When a tow truck has failed to pass
inspection or the owner has failed to correct such inspection deficiencies or the vehicle is operating
Page 14
with safety deficiencies or without the proper insurance coverage, personnel authorized by the
division shall affix to the lower left corner of the tow truck windshield a red tag "out of service"
decal /notice. It shall be unlawful for the tow truck company or any other person other than personnel
authorized by the division to remove this notice from the windshield of the tow truck. This notice shall
remain the property of the division and Palm Beach County.
(g) It is a violation of this article not to have storage facilities and tow trucks inspected according to the
above requirements. Failure to pay the required fees is a violation of this article.
(Ord. No. 2011 -008, § 9, 5- 17 -11)
Sec. 19 -190. - Non - consent manifest, towing invoice, or tow sheet.
(a) It shall be unlawful for any person providing nonconsent towing services to recover, tow or remove a
vehicle /vessel or provide storage in connection therewith unless the person providing such service
shall maintain in his possession a manifest, towing invoice, tow sheet or dispatch records which shall
include, but not be limited to, the following information:
(1) Name of the tow truck company name of tow truck operator physically providing the service and
the tow driver's I.D. badge number;
(2) Palm Beach County Towing Permit Number (TP #) and decal number of the towing vehicle used
to provide the service;
(3) Name, address and telephone number of the person requesting the service, except as provided
in section 19- 194.(e) (non- consent towing with prior express instruction of real property owner
or duly authorized agent and /or law enforcement agency);
(4) Prior express instruction (signed and dated) of the real property owner provided in the presence
of the tow truck driver recovering, towing or removing the vehicle /vessel except as provided in
subsection (a) above.
(5) Date and time the tow truck arrived at the location where the service is to be performed;
(6) Date and time of release to vehicle /vessel owner or authorized agent;
(7) Location at which the service originated;
(8) Destination to which the vehicle /vessel being provided the service is taken and the time of
arrival at the destination;
(9) Description of vehicle /vessel being provided the service, including make, model, year (if known),
color, vehicle /vessel identification number (if visible) and license plate number, if any;
(10) Description of services provided;
(11) The total charges listed individually and specifically as well as the description of the services
rendered;
(12) When an "extra time /labor at scene" charge is applied, the tow truck driver shall obtain and
provide the name of the law enforcement agency and agency case number. In lieu of the case
number, the badge number and name of the investigating law enforcement officer on the scene
must be provided. A detailed explanation of the services rendered which necessitated the
charges shall also be recorded and provided to the vehicle /vessel owner or representative upon
demand.
(13) The following disclosure in bold capitalized letters of at least twelve -point type:
IF YOU HAVE QUESTIONS OR COMPLAINTS ABOUT NON - CONSENT TOWS UNABLE TO
BE RESOLVED BY THE TOWING COMPANY MANAGEMENT, CONTACT THE PALM
BEACH COUNTY CONSUMER AFFAIRS DIVISION, WEST PALM BEACH, FLORIDA.
TELEPHONE: (561) 712 -6600 OR BY INTERNET: www.pbcgov.com /consumer.
Page 15
COMPANIES PERFORMING NON - CONSENT TOWS IN PALM BEACH COUNTY ARE
REQUIRED TO ACCEPT ALL OF THE FOLLOWING FORMS OF PAYMENT:
CASH, MONEY ORDER OR VALID TRAVELER'S CHECK; AND
2. VALID BANK DEBIT /CREDIT CARD, WHICH SHALL INCLUDE, BUT NOT BE LIMITED
TO, MASTERCARD OR VISA, THAT IS IN THE NAME OF THE VEHICLE/VESSEL
OWNER OR AUTHORIZED DRIVER /AGENT; AND
3. VALID PERSONAL CHECK SHOWING ON ITS FACE THE NAME AND FLORIDA
ADDRESS OF THE VEHICLE/VESSEL OWNER OR AUTHORIZED DRIVER /AGENT.
(b) Each original manifest, towing invoice, or tow sheet shall be available for inspection and a copy
provided upon demand by law enforcement officers, by personnel authorized by the division to
perform enforcement duties or to the vehicle vessel owner or his /her authorized driver /agent.
(Ord. No. 2011 -008, § 10, 5- 17 -11)
SBc. 19 -191. - Advertisements.
In all advertisements, tow truck companies performing non - consent towing services shall furnish the
complete business address, telephone number and Palm Beach County Towing Operating Permit
Number of said tow truck company. The permit number is not required in telephone directories where the
publisher gratuitously provides a "business listing" with only the company name, address and phone
number.
(Ord. No. 2011 -008, § 11, 5- 17 -11)
SBc. 19 -192. - Fbcords required.
Each tow truck company shall maintain accurate and complete records including but not limited to,
manifests, towing invoices, or tow sheets for services rendered. When photographs are taken of
vehicles /vessels, the vehicle /vessel owner and the division shall have access to such photos for the
purpose of inspection and /or copying. Such records and photographs shall be maintained for at least
three (3) years for services related to non - consent towing services and for one (1) year for services
related to consent -only towing services. The division shall be granted access to these records for
inspection and /or copying, during regular business hours, upon twenty- four -hours prior notice. In the
event, the division is denied the opportunity to inspect and copy such records; the division shall have the
right to remove the records for the purpose of copying and shall return any records removed within three
(3) calendar days. All records and information inspected and not copied shall be confidential, except that
records may be copied and made public for the purpose of complaint investigations, operating permit
suspension and /or revocation proceedings.
(Ord. No. 2011 -008, § 12, 5- 17 -11)
SBc. 19 -193. - Operating permit required to do businesswith the county.
No person shall submit a bid, nor shall any contract be awarded, on any county contract or
agreement to recover, tow, or remove vehicles /vessels or provide storage in connection with such
services unless that person has a valid and current operating permit issued pursuant to this article.
Nothing herein shall prevent the county from contracting for more stringent requirements than set forth in
this article.
(Ord. No. 2011 -008, § 13, 5- 17 -11)
-..-
Sec. 19 -194. - Non - consent towingwith prior express instruction of real property owner or duly
authorized agent and /or law enforcement agency.
In addition to the other requirements of this article, no tow truck company shall, for compensation,
recover, tow, or remove a vehicle /vessel or provide storage in connection therewith without the prior
express instruction of the vehicle /vessel owner or authorized driver, except in accordance with the
following:
(a) Police directed tow. Non - consent tow truck companies may for compensation recover, tow or
remove a vehicle /vessel based upon a police directed tow without the prior express instruction
of the vehicle /vessel owner or authorized driver upon the prior express instruction of a law
enforcement agency and in accordance with the terms of any contracts or agreements between
the tow truck company and a governmental entity and /or law enforcement agency.
(b) Private /public property impound. Non - consent tow truck companies may for compensation
recover, tow or remove a vehicle /vessel on a private /public property impound without the prior
express instruction of the vehicle /vessel owner or authorized driver, upon the prior express
instruction of the real property owner or his duly authorized agent on whose property the
vehicle /vessel is disabled, abandoned or parked without authorization or whose vehicle /vessel
owner or authorized agent is unwilling or unable to remove the vehicle /vessel, provided that the
requirements of this article are satisfied. The non - consent tow truck company recovering, towing
or removing a vehicle /vessel shall, within thirty (30) minutes of completion of such towing or
removal, notify the appropriate law enforcement agency in which jurisdiction the vehicle /vessel
was parked of the nature of the service rendered, the name and address of the storage facility
where the vehicle /vessel will be stored, the time the vehicle was secured to the towing vehicle,
and the make, model, color and vehicle /vessel license plate number (if any). The non - consent
tow truck company shall obtain the name of the person at the law enforcement agency to whom
such information was reported and note that name on the trip record. It shall be a violation of
this article for a non - consent tow truck company to act as a duly authorized agent as defined in
section 19 -182 on behalf of the real property owner. An example of such action shall include but
not be limited to the use of written warnings or stickers for pre -tow notification.
(c) Except as otherwise provided in this article, every prior express instruction made in writing or in
person shall indicate the date and time of the instruction and shall be signed by the law
enforcement officer, or the real property owner /duly authorized agent in the physical presence
of the tow truck company providing the service at the time the towing services are performed.
The law enforcement officer or the real property owner /the duly authorized agent shall also print
his /her full name. Prior express instruction (signed /printed name and date) must be provided on
the manifest, towing invoice or tow sheet in the presence of the driver. Pre - authorization or
post- authorization for prior express instruction is a violation of this article and shall result in the
issuance of a citation and /or suspension or revocation of the operating permit. Being in the
possession of a pre- signed, manifest, towing invoice, tow sheet or fax authorization form shall
constitute prima facie evidence of pre- authorization and is a violation of this article. Such
violation shall result in the issuance of a citation and /or suspension or revocation of the
operating permit.
(d) Signing in the presence of the non - consent tow truck company /driver shall not be required for a
prior express instruction made by the real property owner or authorized agent forwarded by
facsimile transmission on a form provided by the division. All other requirements of this article
shall apply and the real property owner or duly authorized agent shall provide in the facsimile
instruction the specific location (i.e., address, parking space, etc.), color of the vehicle, make
and /or model of the vehicle (if visible) and either the license tag number or the vehicle
identification number (if available) prior to the vehicle /vessel being towed. Such facsimile
instruction shall include the real property owner's or authorized agent's signature and printed or
typed full name and title, as well as an electronic confirmation or electronic stamp of the date
and time the instruction was sent to the tow truck company. The tow truck company, in
compliance with section 19 -192 (records required), shall maintain copies of facsimile
Page 17
instructions. Failure of the non - consent tow truck company to act on a faxed instruction within
twenty -four (24) hours of an expressed instruction from the property owner or designee shall
require the issuance of a new facsimile or express authorization. Acting on an incomplete
facsimile from the property owner is a violation of this article.
(e) No non - consent tow truck company /driver shall pay or rebate money, or solicit or offer the
rebate of money, or other valuable consideration in order to obtain the privilege of rendering
towing services. The only exception is governmental franchise fees.
(f) Except as otherwise provided in this article, no such prior express instruction shall be
considered to have been given: 1) by the mere posting of signage as required by sections 19-
195 (notice requirements for providing non - consent tow services at request of real property
owners) and 19 -198 (maximum non - consent towing and storage rates for non - consent tow
services); 2) by virtue of the terms of any contract or agreement between a tow truck company
and a real property owner; 3) when the prior express instruction occurs in advance of the actual
unauthorized parking of the vehicle /vessel; or 4) where the prior express instruction is general in
nature and unrelated to specific, individual and identifiable vehicles /vessels which are already
parked without authorization.
(g) Each non - consent tow truck company shall enter into a written contract with every owner or duly
authorized agent (as defined herein) of private property that authorizes the non - consent tow
truck company to tow vehicles /vessels on or from its property. This written contract shall include
the beginning date of said contract, the names of all persons who can authorize prior express
instruction to the tow truck company to remove, recover or tow any vehicle /vessel on or from its
property. The written contract shall include the name and current telephone number of the tow
truck company performing the towing service, and the name, address and telephone number for
any duly authorized agents acting on behalf of the real property owner. The written contract for
non - consent towing shall also include a clear understanding of liability for the real property
owner as stated in Florida Statutes, § 715.07(4) and shall include the following wording, "When
a person improperly causes a vehicle or vessel to be removed, such person shall be liable to
the owner or lessee of the vehicle or vessel for the cost of removal, transportation, and storage;
any damages resulting from the removal, transportation, or storage of the vehicle or vessel;
attorney's fees; and court costs." No such contract shall state that the non - consent tow truck
company assumes the liability for improperly towed vehicles /vessel, contrary to Florida Statutes,
§ 715.07(4). Any addendum to the contract shall include additional names and titles as
necessary. The non - consent tow truck company must keep on file an original, dated and signed
contract and addendum (if applicable) with the property owner or duly authorized agent. Such
contract shall be maintained for at least twelve (12) months after termination. The division and
law enforcement officers may inspect and request a copy of any and all such contracts from the
non - consent tow truck company during normal business hours. The non - consent tow truck
company may not withhold production of the contract upon demand by the division or law
enforcement. Failure to enter into or keep on file a contract with the property owner shall be a
violation of this article. All contracts which were entered into prior to the effective date of this
article, shall accomplish the requirements of this subsection by entering into an addendum to
the current contract within three (3) months following the enactment of this article.
Non - consent tow truck companies may not enter into a written contract with the owner of private
property that authorizes the tow truck company to tow vehicles /vessels from the real property
owner's property to the storage yard where the mileage restrictions have been exceeded
contrary to Florida Statutes, § 715.07(2)(a)1, as may be amended from time to time.
(h) Real property owners or authorized representatives shall not request the recovery, tow or the
removal of vehicles /vessels that are reasonably identifiable from markings or equipment as law
enforcement, fire fighting, rescue squad, ambulance, or other emergency vehicles /vessels
which are marked as such.
(i) Any person who improperly causes a vehicle /vessel to be recovered, towed, removed or stored
shall be liable to the vehicle owner or authorized representative for the costs of the services
Page 18
provided, any damages resulting from the recovery, towing, removal or storage and attorney's
fees and court costs.
(Ord. No. 2011 -008, § 14, 5- 17 -11)
Sec. 19 -195. - Notice requirements for providing non - consent tow services at request of real property
owners.
(a) In addition to the requirements of section 19 -194 (non- consent towing with prior express instruction
of real property owner or duly authorized agent and /or law enforcement agency), non - consent tow
truck companies duly permitted under this article may recover, tow or remove a vehicle /vessel or
provide storage in connection therewith upon the prior express instruction of a real property owner or
authorized agent, on whose property the vehicle /vessel is abandoned or parked without
authorization, provided that the following requirements are satisfied:
(1) Notice shall be prominently posted on the real property from which the vehicle /vessel is
proposed to be removed and shall fulfill the following requirements:
a. A light reflective sign shall be prominently placed at each driveway access /entrance or curb
cut allowing vehicular access to the real property, within five (5) feet from the public right -
of -way line. If there are no curbs or access barriers, signs shall be posted not less than one
(1) sign each twenty -five (25) feet of lot frontage. The sign shall be permanently installed
not less than three (3) feet and not more than six (6) feet above ground level and shall be
continuously maintained on the real property for not less than twenty -four (24) hours prior
to the towing or removal of any vehicle /vessel(s).
b. The light reflective sign shall clearly display in not less than two -inch high letters on a
contrasting background, the words: "UNAUTHORIZED VEHICLES/VESSELS WILL BE
TOWED AWAY AT THE OWNER'S EXPENSE." The words "TOW -AWAY ZONE" must be
included on the light reflective sign in not less than four -inch high letters on a contrasting
background.
c. The light reflective sign shall clearly indicate, in not less than two -inch high letters on a
contrasting background, the days of the week, and hours of the day during which
vehicles /vessels will be towed away at the owner's expense; and the name and current
telephone number of the tow truck company performing the towing service.
(2) Light reflective signs must be maintained or replaced so that they are clearly visible, legible and
light reflective at all times. The towing company is responsible for maintaining and replacing
signs. In the event the tow truck company goes out of business or is no longer performing tow
services for the real property owner, the real property owner is responsible for removal of signs.
Failing to provide, maintain, replace and /or remove the signs in accordance with this section is a
violation of this article.
(3) The posting of notice requirements of this section shall not be required where:
a. The real property on which a vehicle /vessel is parked is property appurtenant to and
obviously part of a single - family type residence; or
b. Written notice is personally given to the vehicle /vessel owner or authorized driver /agent
that the real property on which the vehicle /vessel is or will be parked is reserved or
otherwise not available for unauthorized vehicles /vessels and is subject to being removed
at the vehicle /vessel owner's expense.
(b) Except as otherwise provided in section 19- 194(d), when any real property owner instructs that a
vehicle /vessel be recovered, towed, removed from his or her property and stored, s /he or a
designated representative shall sign the tow ticket authorizing the tow. Immediately upon request,
and without demanding compensation, the real property owner shall inform the vehicle /vessel owner
Page 19
or other authorized person in control of the vehicle /vessel of the name and address of the non -
consent tow truck company that has recovered, towed or removed the vehicle /vessel.
(c) If the vehicle /vessel owner or authorized driver /agent arrives at the scene prior to the vehicle /vessel
being removed or towed from the property, the vehicle /vessel shall be disconnected from the tow
truck and the vehicle /vessel owner or authorized driver /agent shall be allowed to remove the
vehicle /vessel without interference upon the payment of a reasonable service fee of not more than
one -half ('/2) of the posted rate for such towing service (drop charge), for which a receipt shall be
given, unless that person refuses to remove the vehicle /vessel which is unlawfully parked. The
bill /invoice must be presented to the vehicle /vessel owner authorized /driver /agent prior to request for
the payment. Non - consent tow truck companies are not authorized to apply a fee in cases where the
owner of the vehicle /vessel arrives on the scene prior to a complete mechanical hook -up (road-
worthy) between the tow truck and the vehicle /vessel. In the event the owner /driver of the
vehicle /vessel is occupying the vehicle /vessel and refuses to vacate same, in addition to the drop
charge, the tow truck company /driver is permitted to charge extra time at the scene where law
enforcement involvement is necessary and the tow truck driver obtains the name of the law
enforcement agency, case number of the law enforcement agency and if possible the name and
badge number of the investigating law enforcement officer. The tow truck driver shall also prepare
detailed documentation /explanation as to why "extra time at scene" charges were required. All
documentation shall be provided to the vehicle /vessel owner or representative upon demand. Such
fee shall be approved by resolution of the commission.
(Ord. No. 2011 -008, § 15, 5- 17 -11)
Sec. 19 -196. - Non - consent tow truck company requirements.
(a) Non - consent tow truck companies providing services pursuant to this article shall not do so when
there is a person occupying the vehicle /vessel.
(b) Non - consent tow truck companies providing services pursuant to this article shall transport the
vehicle /vessel directly to the storage facility of the tow truck company providing the service, to such
other location as a law enforcement officer authorizing the tow may expressly direct, or to a location
expressly directed by the vehicle owner or authorized driver /agent. When the vehicle owner or
authorized driver /agent expressly authorizes the vehicle to be towed to a location other than the tow
truck company storage facility, the tow truck driver must:
(1) Provide a "not to exceed" estimate in writing of all the rates and fees that will be assessed for
the tow or negotiate a consent -only towing agreement; and
(2) Disclose in writing the three methods of payment and come to a mutually agreed time as to how
and when the towing company will be compensated.
(c) It is a violation of this article for a non - consent tow truck company to keep or stage impounded
vehicles /vessels in any temporary area or holding facility prior to the transportation of the vehicle to
its approved storage facility.
(d) Non - consent tow truck companies which provide services pursuant to this article shall file and keep
on record with the division a complete copy of all current rates charged for the recovery, towing or
removal of vehicles /vessels and storage provided in connection therewith. Such persons shall also
display prominently at each storage facility the following information: signage which identifies the
name of the towing company, a schedule of all charges and rates for removal of vehicles /vessels for
private property impounds; a statement that these rates do not exceed those rates filed with the
division and are in accordance with the provisions of this article and the rights afforded to a vehicle
owner or authorized driver /agent pursuant to Florida Statutes. The above information shall be posted
prominently in the area designated for the vehicle /vessel owner or authorized driver /agent to transact
business. Such area shall provide shelter, safety and lighting adequate for the vehicle /vessel owner
or authorized driver /agent to read the posted rate schedule. Further, notice shall be posted advising
Page 20
the vehicle /vessel owner or authorized driver /agent of the right to request and review a complete
schedule of charges and rates for towing services for the jurisdiction in which the law enforcement
order to tow was made, and that the tow truck company is permitted by the division noting the
Division's telephone number, address and business hours.
(e) Non - consent tow truck companies shall provide signage on the property clearly visible from the
street, (unless otherwise prohibited by local zoning laws) with at least three -inch letters on a
contrasting background with the name and phone number of the tow truck company.
(f) Non - consent tow truck companies which provide services pursuant to this article shall advise any
vehicle /vessel owner or authorized driver /agent who calls by telephone prior to arriving at the storage
facility of the following:
(1) Each and every document or other item which must be produced to retrieve the vehicle /vessel;
(2) The exact charges as of the time of the telephone call, and the rate at which charges
accumulate after the call;
(3) The acceptable methods of payment; and
(4) The hours and days the storage facility is open for regular business.
(g) Non - consent tow truck companies which provide services pursuant to this article shall allow every
vehicle /vessel owner or authorized driver /agent to inspect the interior and exterior of the towed
vehicle upon his or her arrival at the storage facility before payment of any charges (except for "after -
hour gate or personal property retrieval fee "). With the exception of vehicles being held pursuant to
the specific request or "hold order" of a law enforcement agency, the vehicle /vessel owner or
authorized driver /agent shall be permitted to remove the vehicle license tag and any and all personal
property inside but not affixed to the vehicle /vessel. A vehicle /vessel owner who shows a
government issued photo identification shall be given access to view ownership documents stored in
the vehicle /vessel. The vehicle /vessel and /or personal property shall be released to the
vehicle /vessel owner if the ownership documents are consistent (name and address) with the photo
identification. When a vehicle /vessel owner's government issued identification and ownership
documents are stored inside the impounded vehicle due to unforeseen circumstances, the tow truck
company shall be required to recover the ownership documents stored in the impounded vehicle
(i.e., glove compartment, sun visors, etc.) upon receipt of a vehicle /vessel key, vehicle access code,
or electronic device from the vehicle /vessel owner that would allow entry. The vehicle /vessel and /or
personal property shall be released to the vehicle /vessel owner if the ownership documents are
consistent with the photo identification.
(h) Non - consent tow truck companies which provide services pursuant to this article shall accept
payment for charges from the vehicle /vessel owner or authorized driver /agent in all the following
forms:
(1) Cash, money order or valid traveler's check; and
(2) Valid bank debit/credit card, which shall include, but not be limited to, MasterCard or VISA, that
is in the name of the vehicle /vessel owner or authorized driver /agent; and
(3) Valid personal check showing on its face the name and Palm Beach County address of the
vehicle /vessel owner or authorized driver /agent.
A tow truck company /driver shall not reject any of the above forms of payment. A vehicle /vessel owner or
authorized driver /agent shall not be required to furnish more than one (1) government issued form of
picture identification when payment is made by valid bank debit/credit card or personal check, and said
presentation shall constitute sufficient identity verification.
(i) Non - consent tow truck companies which provide services pursuant to this article shall not store or
impound a towed vehicle /vessel at a distance which exceeds a ten -mile radius of the location from
which the vehicle /vessel was recovered, towed or removed unless no towing company providing
Page 21
services under this section is located within a ten -mile radius, in which case a towed or removed
vehicle /vessel must be stored at a site within twenty (20) miles of the point of removal.
Q) Non - consent tow truck companies which provide services pursuant to this article shall maintain one
(1) or more storage facilities, each of which shall maintain a current Palm Beach County Business
Tax Receipt and when applicable a municipal business tax receipt. The business shall be open for
the purpose of redemption of vehicles /vessels by owners or authorized drivers /agents on any day
that the tow truck company is open for towing purposes from at least 8:00 a.m. to 6:00 p.m., Monday
through Friday and, when closed, shall have posted prominently on the exterior of the storage facility
and place of business, if different, a notice indicating a telephone number where the tow truck
company can be reached at all times. Upon request of the vehicle /vessel owner or authorized
driver /agent, the tow truck company shall release the vehicle /vessel to the vehicle /vessel owner or
authorized driver /agent within one (1) hour.
(k) Non - consent tow truck companies shall not, as a condition of release of the vehicle /vessel, require a
vehicle /vessel owner or authorized driver /agent to sign any release or waiver of any kind which
would release the tow truck company from liability for damages noted by the vehicle /vessel owner or
authorized driver /agent at the time of the vehicle's /vessel's release. A detailed, signed receipt
showing the legal name of the tow truck company removing the vehicle /vessel shall be given to the
vehicle /vessel owner or authorized driver /agent at the time of payment, whether requested or not.
(1) Nothing in this article shall prevent the sheriff or any municipality within the county from providing
additional or more restrictive requirements in contracts or arrangements which authorize the
recovery, towing or removal of vehicles /vessels or storage provided in connection therewith.
(m) Non - consent tow truck companies which provide services pursuant to this article shall release
vehicles /vessels towed or removed to the vehicle /vessel owner or authorized driver /agent provides
proof of ownership documents. Proof of ownership documents shall include:
(1) Current vehicle registration;
(2) Vehicle title;
(3) An authorized driver /agent with a notarized release from the vehicle /vessel owner or lien holder.
Vehicle /vessel owners have the right to identify /approve designated agents to claim vehicles on
their behalf. A facsimile or electronic transfer of a notarized release statement from the
vehicle /vessel owner shall be accepted;
(4) Insurance card with the vehicle /vessel owner's information and vehicle description;
(5) Licensed dealer in possession of an auction buyer's sales invoice; and /or
(6) A notarized bill of sale for non - titled vehicles or vessels.
(n) Non - consent tow truck companies which provide services pursuant to this article shall make a "good
faith effort" to locate the vehicle /vessel owner or lien holder. For the purposes of this paragraph and
subsection, a "good faith effort" means that the required steps have been performed by the tow truck
company according to Florida Statutes, § 713.78(4)(c) and (d). Failure to make a "good faith effort"
to comply with the notification requirements of this section shall preclude the imposition of any
storage charges against such vehicle or vessel.
(o) Non - consent tow truck companies which provide services pursuant to this article and found to be in
violation of this article relating to a specific non - consent tow shall be required to reimburse the
vehicle /vessel owner all illegal or over charges related to that towing incident. Failure to reimburse
the owner of the vehicle /vessel in such cases is a violation of this article.
(p) Any non - consent towing company that has an unusable storage yard or has been evicted from its
storage yard is subject to having its operating permit suspended.
(q) Any tow truck driver in the process of transporting a junked vehicle (as defined in Florida Statutes, §
319.30) to a licensed salvage motor vehicle dealer and who is employed by, working for or operates
Page 22
a nonconsent towing company, must have physical possession of a derelict motor vehicle certificate,
transferred title or certificate of destruction for such vehicle.
(r) It shall be a violation of this article for any non - consent towing company to fail to respond in writing
within ten (10) business days to any written inquiry or request for information from the division or any
law enforcement agency.
(Ord. No. 2011 -008, § 16, 5- 17 -11)
Sec. 19 -197. - Consent -only tow truck company requirements.
(a) It shall be a violation of this article for any tow truck company that has been issued a consent -only
towing operating permit to perform non - consent towing services.
(b) Consent -only tow truck companies providing services pursuant to this article shall not do so when
there is a person occupying the vehicle /vessel.
(c) Consent -only tow truck companies providing services pursuant to this article shall transport the
vehicle /vessel directly to the location specified by the vehicle owner or duly authorized agent.
(d) It shall be a violation of this article for any consent -only towing company to fail to respond in writing
within ten (10) business days to any written inquiry concerning public safety from the division or any
law enforcement agency.
(Ord. No. 2011 -008, § 17, 5- 17 -11)
SBc. 19 -198. - Maximum non - consent towing and storage ratesfor non - consent tow services.
(a) The commission shall, by resolution establish maximum rates, as may be amended from time to
time, for nonconsent towing services as follows:
(1) Towing service per call, which shall include the first thirty (30) minutes that the tow truck is
actually on the scene engaged in the safe removal of a vehicle /vessel.
(2) Mileage (per towed mile) according to Florida Statutes, § 715.07.
(3) Storage may be charged only after the vehicle has been in the storage facility for at least six (6)
hours. If the vehicle was not recovered by the vehicle /vessel owner or authorized driver /agent
after the six -hour time period has elapsed, then storage charges shall accrue in twenty -four-
hour increments from the time the vehicle /vessel arrived in the storage facility and:
a. The police agency has authorized the vehicle /vessel to be impounded; or
b. The appropriate police agency has been notified by the tow truck company that the tow
truck company is in possession of a vehicle /vessel as a result of a private property
impound.
(4) Indoor storage rates may only be charged upon the express direction and written authorization
of the owner /authorized driver /agent, lien holder, insurance company representative or
investigating police agency. The only exceptions to this rule are:
a. When the condition of the vehicle requires indoor storage due to inclement weather
conditions or the vehicle's window(s) and /or convertible top is down and cannot be raised
and indoor storage is necessary to protect the vehicle and its contents; or
b. When a municipal or county jurisdiction require indoor storage for towed vehicles.
(5) An administrative /lien fee shall only be charged after the vehicle /vessel has been in the storage
facility for at least twenty -four (24) hours and:
Page 23
a. The police agency has authorized the vehicle /vessel to be impounded; or
b. The police agency has been notified by the tow truck company that the tow truck company
is in possession of a vehicle /vessel as a result of a private property impound.
The non - consent tow truck company must show proof that lien letter(s) have been
prepared with the appropriate names /addresses (i.e., U.S. Mail certification number,
correspondence copies, etc.) and that actual fees for obtaining required ownership
information have been expended. Failure to document and provide all of the above
required information will result in administrative /lien fee charges being removed from the
total cost of the service /invoice and is a violation of this article.
(6) Underwater recovery performed by a certified /professional diver with the written documentation
and approval of the investigating law enforcement agency /officer.
(7) Hazardous material clean -up and disposal as required, mandated and /or licensed through
federal, state or local laws and approved by the investigating law enforcement agency /officer.
(8) After -hour gate fees may not be applied between the hours of 8:00 a.m. and 6:00 p.m. Monday
through Friday (excluding federal holidays). For all other times, after -hour gate fees may not be
applied until six (6) hours after a vehicle has been impounded in the company's storage facility.
Applicable after -hour gate fees may also be applied when an owner or authorized driver /agent
wishes to recover property from an impounded vehicles /vessel.
(9) Extra time at scene /labor charge may be applied when any extra time beyond one -half ('/2) hour,
is needed to safely remove a vehicle or vessel and includes the amount of time spent at a
scene when a tow truck has been summoned and is on scene but unable to proceed through no
fault of the tow truck operator. All extra time /labor shall be documented by the tow truck driver
and shall include the name of the law enforcement agency and the law enforcement agency
case number or the officer's name and badge number. The documentation shall also include a
detailed explanation of the services rendered which necessitated the charges and if possible
photographs of the scene. Extra time shall be charged in fifteen - minute increments. Failure to
document and provide all of the above required information will result in the extra time /labor
charges being removed from the total cost of the service /invoice and is a violation of this article.
(b) All rates established shall be uniform throughout Palm Beach County both in the incorporated and
unincorporated areas, except where municipalities have established differing maximum rates for their
jurisdictions. From time to time, the rates established by the commission may be revised in
accordance with a rate study.
(c) Persons who provide services pursuant to this section shall not charge in excess of the maximum
allowable rates established by the commission. No person providing services pursuant to this section
shall charge any type of fee other than the rates for which the commission has specifically
established. Tow truck companies which tow vehicles /vessels from Palm Beach County into another
county shall abide by the terms of this article including all rates and charges adopted by the
commission.
(d) Tow truck companies which provide services pursuant to this section shall display on the same sign
as the rate schedule required by this article the following statement:
To The Vehicle/Vessel Owner
If you believe that you have been overcharged for the services rendered, you do not have to pay
your bill to get your vehicle /vessel. Instead, you have the right to post a bond in the Circuit Court,
payable to (name of Tow truck Company), in the amount of the final bill for services rendered, and to
file a complaint within ten (10) days of the time you have knowledge of the location of the
vehicle /vessel. The Court will decide later who is correct. If you show (name of Tow truck Company)
a valid Clerk's certificate showing you have posted a bond, (name of Tow truck Company) must
release your vehicle /vessel to you immediately. This remedy is in addition to other legal remedies
you may have. Section 713.76 and Section 713.78, Florida Statutes.
Page 24
If you have a complaint about the way services were provided, you may call the Palm Beach County
Consumer Affairs Division, (561) 712 -6600.
(e) Each tow truck company shall maintain, on a form approved by the division, a rate sheet specifying
all rates and charges, which shall be given by the tow truck driver to the requesting vehicle /vessel
owner or his authorized driver /agent prior to commencing the service.
(Ord. No. 2011 -008, § 18, 5- 17 -11)
SBc. 19 -199. - Tow truck driver requirements; failure to comply.
(a) It shall be unlawful for any person to operate any tow truck within and upon the streets of Palm
Beach County without having first obtained a county tow truck driver's identification badge (tow
driver's I.D. badge). All applicants for a tow driver's I.D. badge shall conform to the following:
(1) Be at least eighteen (18) years of age;
(2) Possess a valid State of Florida Driver's License (with photo depicting the driver) as required by
the Florida Department of Highway Safety and Motor Vehicles and must show proof that he /she
has possessed a valid driver's license from any state within the United States for three (3) years
(two (2) years for drivers younger than twenty -one (21) years old) prior to applying for a tow
driver's I.D. badge. If a person has not driven for three (3) years in the United States, he /she
must obtain the driving record from any other jurisdictions where he /she did drive or if he /she is
unable to obtain the driving record, must sign an affidavit under penalty of perjury that he /she
has no driving record which would prevent him /her from driving a tow truck in Palm Beach
County, Florida;
(3) The driver must provide the original form of his /her lifetime State of Florida Department of
Highway Safety and Motor Vehicles traffic /driving record report to the division which was
secured no more than thirty (30) days before the application /renewal was submitted, only if the
division is unable to secure this required information. Upon initial application, if a driver has
resided in Florida less than five (5) consecutive years, a traffic /driving record /history from each
state where he /she previously resided must be provided for at least a five -year period;
(4) Has not had more than three (3) separate incidents involving moving violations in any twelve-
month period in the previous three (3) years prior to the initial application or renewal of a tow
driver's I.D. badge in which the applicant pled guilty, was found guilty; or
(5) Has not been classified as a habitual traffic offender (as defined by Florida Statutes) or as
defined by the state where he /she previously resided within five (5) years of applying for a tow
driver's I.D. badge and was not previously issued a tow driver's I.D. badge by the division;
(6) Upon initial application or renewal, the driver must provide the original request form for his /her
Florida Department of Law Enforcement (FDLE) criminal history/records report to the division,
as well as payment for the amount required to secure the criminal history/records report. The
division shall then be responsible for processing the request and payment to the FDLE. The
division may conduct additional criminal history/records reports of other states /jurisdictions as
deemed appropriate. The division may require an applicant to submit to a finger print analysis if
there is a question of identity. The commission may approve a different means of securing the
required criminal history /records should an alternative agency /system be discovered that
provides more complete information than that provided by the FDLE.
(7) Have no conviction or plea of guilty or nolo contendere, within the preceding five (5) years from
the date of application for any offense related to driving a motor vehicle under the influence or
while intoxicated.
(8) Have no more than one (1) conviction or plea of guilty or nolo contendere, within the preceding
ten (10) years from the date of application for any offense related to driving a motor vehicle
under the influence or while intoxicated.
Page 25
(9) Have no more than two (2) traffic citations resulting from accidents in the three (3) years
preceding the date of the current permit year wherein the driver has been found guilty.
(10) Have no more than two (2) convictions of first degree misdemeanor traffic crimes including but
not limited to the following: reckless driving, careless driving and racing in the three (3) years
preceding the date of the current permit year wherein the driver has been found guilty.
(11) Not found by the division to have a lack of reputability as provided herein. For the purposes of
this article, lack of reputability shall mean that the division cannot trust the applicant to
safeguard the welfare and property of the public. Lack of reputability shall include, but not be
limited to, the following:
a. Conviction of any felony not considered a Level 1 felony, as provided in Rule 9, Florida
Governor Rules of Executive Clemency, as the rules may be amended from time to time,
and wherein the applicant's civil rights have not been restored.
b. Conviction of any Schedule 1 Level felony as provided in Rule 9, Florida Rules of
Executive Clemency as the rules may be amended from time to time that occurred less
than five (5) years from the date of conviction or release from incarceration (whichever is
later) wherein the applicant's civil rights have not been restored.
c. Notwithstanding the provisions of subsections a. and b. above, conviction of any felony that
is directly related to operating a non - consent or consent towing business or vehicle,
regardless of whether the applicant's civil rights have been restored or remained intact. For
the purposes of this article, any offense involving fraud, forgery, theft, perjury or false
statement shall be considered to be directly related to the business of operating a towing
vehicle.
d. Conviction of any first degree misdemeanor that is directly related to a non - consent or
consent towing business or vehicle regardless of whether the applicant's civil rights have
been restored or remained intact, For the purposes of this article, any offense involving
fraud, forgery, theft, perjury or false statement shall be considered to be directly related to
the business of operating a towing company.
e. Responding to a call while under the influence of alcohol or any controlled substance,
based upon a finding made by law enforcement.
f. Tow truck drivers with valid tow truck driver I.D. badges at the time this amended article
was approved may continue to be eligible for issuance of a tow truck driver I.D. badge in
future renewals as long as there are no additional crimes or reputability issues as
referenced above.
(12) A tow truck driver with a current I.D. badge is required to notify the division within ten (10)
business days upon being convicted of any crime. The division may initiate denial, revocation or
suspension proceedings for lack of reputability issues and criminal convictions as provided in
this subsection which arise subsequent to the issuance of a tow driver's I.D. badge.
(13) Applicants shall have no unsatisfied civil penalties, judgments or administrative orders
pertaining to this article.
(14) Every application or renewal application for a tow driver's I.D. badge and application for
amendment of a tow driver's I.D. badge, shall be in writing and signed by the applicant and shall
be filed with the Palm Beach County Division of Consumer Affairs on a form provided by the
division together with the nonrefundable tow driver's I.D. badge fees which shall not be subject
to proration. Each tow driver's I.D. badge shall be valid for a two -year period and shall be
renewed every other year on the applicant's date of birth. The division may deny or revoke a
tow driver's I.D. badge if it is determined that the applicant has misrepresented, omitted, or
concealed a fact on the application, renewal application or replacement application. If the tow
driver's I.D. badge is denied, the DCA shall not accept an application for said tow driver's I.D.
badge for one (1) year from the date the badge is denied. If the tow driver's I.D. badge is
revoked, the DCA shall not accept an application for said tow driver's I.D. badge for one (1) year
'.•-
from the date the badge is revoked. Any person renewing a tow driver's I.D. badge must file a
renewal application, furnish the documentation requested by the division, and submit payment
for the required nonrefundable renewal fee(s) not more than ninety (90) days before the
expiration date of a tow driver's I.D. badge. Persons who fail to reapply for their tow driver's I.D.
badge thirty (30) days prior to expiration, risk having a gap in their authorization to drive a tow
truck. Persons who fail to submit their renewal application, required documentation and fees by
the expiration date of the tow driver's I.D. badge must pay a nonrefundable late fee, over and
above the tow driver's I.D. Badge fee. Any applicant who fails to submit a renewal application
within one (1) year of the expiration of a current badge will be considered a new applicant when
reapplying and no grandfathered provisions will apply. Said fees shall be established by
resolution of the commission;
(15) Shall submit to photographing (full face exposure /without sunglasses or head coverings) prior to
the issuance of the tow driver's I.D. badge by the division;
(16) Complete the tow driver's I.D. badge registration affidavits provided by the division;
(17) Not possess a suspended or revoked driver's license as a result of a moving violation or have
any outstanding and unsatisfied civil penalties, citations or judgments imposed due to violations
of this article;
(18) Not violate the terms of a cease and desist order, assurance of voluntary compliance, notice to
correct a violation or any other lawful order of the director;
(19) Not be enjoined by a court of competent jurisdiction from engaging in the towing business or
was enjoined by a court of competent jurisdiction with respect to any of the requirements of this
article;
(20) Have no conviction or plea of guilty or nolo contendere in any military or foreign jurisdiction,
federal, state, county or municipal jurisdiction within the United States for violations analogous
or parallel to those violations enumerated in all sections herein.
(b) The driver of a tow truck shall conspicuously display on the driver's person through the use of a neck
lanyard, or above the waist on the outermost garment, the tow driver's I.D. badge issued pursuant to
this article so that it is visible and available for inspection to the public, division personnel and all law
enforcement officials while engaged and on duty for a tow truck company.
(c) Each tow driver's I.D. badge shall be developed by the division. Each driver's I.D. badge shall, at a
minimum, contain the name of the driver, date of expiration, photo of the driver, and such additional
terms, conditions, provisions and limitations as were imposed during the approval process. Each
company for which a driver will be driving must submit an affidavit (on a form prepared by the
division) or documentation from the insurance company (fax acceptable) that the driver is eligible to
be insured under the company's insurance policy.
(d) The division may issue a replacement tow driver's I.D. badge to any driver upon payment of a
nonrefundable replacement fee, presentation of proof or a sworn affidavit that the driver's I.D. badge
has been lost, stolen or for any other valid reason, and any other documentation or requirement
requested by the division. The replacement fee shall be established by resolution of the board.
(e) It shall be unlawful for any person to drive a tow truck unless such person has a valid tow driver's
I.D. badge issued pursuant to this section.
(f) It shall be unlawful for any person to drive a tow truck for any tow truck company which has not been
granted an operating permit pursuant to section 19 -184 (operating permit required).
(g) It shall be unlawful for any applicant for a tow driver's I.D. badge to misrepresent, omit or conceal a
fact on the application, renewal application or replacement application.
(h) Upon submission of the application, the division shall provide the driver with a receipt. No applicant
shall be permitted to drive a tow truck in Palm Beach County until the division has issued to him /her
a tow driver's I.D. badge. The division shall provide the tow driver's I.D. badge within ten (10)
business days following the submittal of the application and all required documents. In the event the
Page 27
official criminal background records furnished to the division are insufficient and additional
information is necessary, the division shall be permitted an additional twenty (20) business days to
issue the driver's I.D. badge. The division will process applications on a more timely basis when the
required certified /original criminal and driving background records are submitted with the initial
application and an additional rush fee is paid to the division. Such fee must be approved by the
commission.
(i) Non - consent tow truck drivers must be hygienically clean, well groomed and neat. Drivers are not
permitted to wear open toed shoes and must comply with all state and federal (e.g., O.S.H.A.) safety
regulations. Non - consent tow truck drivers are not permitted to wear uniforms purporting to be from a
different company or business than the one they actually work or drive for. Failure to abide by these
requirements is a violation of this article.
Q) Non - consent tow truck drivers shall not use abusive language or be discourteous to consumers or
division personnel.
(k) Non - consent tow truck drivers must be able speak and understand English to the extent they can
take instruction from law enforcement officers and consumers and complete manifests or invoices.
(1) Drivers shall cooperate fully at all times with the division in the furnishing of information required in
connection with requests for proof of driver's license, vehicle insurance and /or tow driver's I.D.
badge, during the process of applying to renew a tow driver's I.D. badge, and during investigations of
consumer complaints. Further, drivers shall not obstruct, hamper or interfere with an investigation of
violations of this article conducted by division personnel, any law enforcement officer or employee of
any other agency enforcing this article.
(m) No person maintaining, owning, or operating a towing company shall suffer or permit any person or
employee to drive a tow truck unless such person has a valid tow driver's I.D. badge issued pursuant
to this article. This paragraph shall not apply to a towing company which is training a prospective
driver. Such prospective driver must be accompanied by and working under the direct supervision of
a company employee who is in possession of a valid tow driver's I.D. badge.
(n) Failure to comply with the provisions of this section may result in the division denying a tow driver
I.D. badge, revoking or suspending the tow driver's I.D. badge, denying a renewal of such tow
driver's I.D. badge, issuing a civil citation, a misdemeanor conviction or other such remedies
available to the division herein.
(Ord. No. 2011 -008, § 19, 5- 17 -11)
SBc. 19 -200. - Fraudulent transfer of tow truck company
A transfer of a tow truck company to a successor company shall be deemed a fraudulent transfer if
said transfer is made by the tow truck company for the purpose of evading permit fees or civil penalties
issued pursuant to this article. In determining intent to defraud, consideration may be given among other
factors to, whether:
(a) The transfer was to an insider;
(b) The tow truck company retained possession or control of the property transferred after the
transfer;
(c) The transfer was disclosed or concealed;
(d) Before the transfer was made or obligation was incurred, the tow truck company had been sued
or threatened with suit;
(e) The transfer was of substantially all the tow truck company's assets;
(f) The value of the consideration received by the tow truck company was reasonably equivalent to
the value of the asset transferred or the amount of the obligation incurred;
Page 28
(g) The tow truck company was insolvent or became insolvent shortly after the transfer was made
or the obligation was incurred;
(h) The transfer occurred shortly before or shortly after substantial permit fees or civil penalties
were incurred; and
(i) The tow truck company transferred the essential assets of the business to a lienor who
transferred the assets to an insider of the tow truck company.
Q) It shall be a violation of this article for a tow truck company to fraudulently transfer a tow truck
company.
(Ord. No. 2011 -008, § 20, 5- 17 -11)
Sec. 19 -201. - Deceptive and unfair trade practices.
No person shall engage in any unfair method of competition, unconscionable acts or practices or
unfair or deceptive acts or practices in the conduct of towing services. A tow truck company engages in
an unfair method of competition or unfair or unconscionable acts or deceptive practices when in the
course of his or her business, vocation or occupation, he or she knows or in the exercise of care should
know, that he or she in the past engaged or is now engaging in any unfair method of competition or
unconscionable acts or practices or unfair or deceptive acts or practices in the conduct of any towing
services.
(Ord. No. 2011 -008, § 21, 5- 17 -11)
Sec. 19 -202. - Cease and desist order.
(a) If the division, after due investigation, has reason to believe that a tow truck company has been or is
violating any of the provisions of this article, then the division may cause to be served by personal
service, certified mail or posting in a conspicuous place at the tow truck company's place of
business, a demand to cease and desist, stating the charges and shall incorporate and set out the
following:
(1) The name of the complainant;
(2) The alleged charge and approximate date of the commission of the act;
(3) The section of the article alleged to be involved.
(b) Any tow truck company which has been issued a cease and desist order by the division may appeal
such order to the consumer affairs hearing board /hearing officer within twenty (20) days of receipt of
the order. A nonrefundable filing fee must accompany the written request for appeal. The filing fee
shall be established by resolution of the commission. The appeal shall be reviewed at a hearing of
the consumer affairs hearing board /hearing officer within sixty (60) days of receipt by the division of
the request for appeal.
(c) The board shall keep a full record of the hearing, which record shall be public and open to inspection
by any person, and upon request, the board shall furnish such party a copy of the hearing record, at
such cost as the commission deems appropriate.
(d) Procedure at hearings. At the hearing, the tow truck company may be represented by counsel and
may bring all original documents and other data pertinent to the case; and will be given an
opportunity to present witnesses and evidence he or she may deem appropriate.
(e) The consumer affairs hearing board /hearing officer shall hear the cases on the agenda. All testimony
shall be under oath or by affirmation and shall be recorded. Each case before the consumer affairs
hearing board /hearing officer shall be presented by the division. The consumer affairs hearing
board /hearing officer shall take testimony from county staff, if relevant, the alleged violator, and other
Page 29
relevant testimony. Formal rules of evidence shall not apply, but fundamental due process shall be
observed and govern the proceedings. Upon determination of the chairperson, irrelevant, immaterial
or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied
upon by reasonably prudent persons in the conduct of their affairs shall be admissible, including
hearsay evidence, whether or not such evidence would be admissible in a trial in the courts of
Florida. Due regard shall be given to the competent, reliable and technical evidence which will aid
the consumer affairs hearing board /hearing officer in making a fair determination of the matter,
regardless of the existence of any common law or statutory rule which might otherwise make
improper the admission of such evidence.
(f) Any member of the consumer affairs hearing board /hearing officer or the attorney representing the
division may inquire of or question any witness before the consumer affairs hearing board /hearing
officer. The alleged violator, or his /her attorney, shall be permitted to inquire of any witness before
the consumer affairs hearing board /hearing officer. The right to cross examine witnesses shall be
preserved.
(g) At the conclusion of the hearing, the consumer affairs hearing board /hearing officer shall orally
render its decision (order) based on evidence entered into the record. The decision shall be by
motion approved by the affirmative vote of those members present and voting. The consumer affairs
hearing board /hearing officer's decision shall be transmitted to the tow truck company in the form of
a written order including finding of facts, and conclusion of law consistent with the record. The order
shall be transmitted by certified mail /hand delivery /posting to the tow truck company within ten (10)
days after the hearing. The order may include a notice that it must be complied with by a specified
date.
(h) Any person may appeal a final determination of the consumer affairs hearing board /hearing officer
within thirty (30) days of the rendition of the decision by filing a petition for writ of certiorari in the
Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida.
(Ord. No. 2011 -008, § 22, 5- 17 -11)
Sec. 19 -203. - Assurance of voluntary compliance.
(a) In the enforcement of this article, the division may accept an assurance of voluntary compliance with
respect to any method, act, or practice deemed to be violative of law from any person who has
engaged, or was about to engage in, such method, act, or practice. Any such assurance shall be a
formal written agreement between the division and the tow truck company, approved as to form and
legal sufficiency by the county attorney's office, and filed with the Clerk of the Circuit Court of the
Fifteenth Judicial Circuit. Such assurances of voluntary compliance may be conditioned on a
commitment to reimburse consumers or any other appropriate corrective action such as the payment
by the tow truck company of the costs of the investigation by the division. An assurance of voluntary
compliance is not evidence of prior violation of this part, however, unless an assurance of voluntary
compliance has been rescinded by agreement of the parties or voided by the court for good cause,
subsequent failure to comply with the terms of an assurance of voluntary compliance shall be
deemed prima facie evidence of a violation of this article. No such assurance of voluntary
compliance shall act as a limitation upon any action or remedy available to a person aggrieved by a
violation of this article.
(b) Every tow truck company desiring to negotiate an assurance of voluntary compliance shall be
apprised of his or her right to have his or her case heard by the consumer affairs hearing
board /hearing officer in the event he or she does not wish to enter into such assurance of voluntary
compliance. Such procedures shall be in accordance with the hearing procedures provided in section
19 -207.
(Ord. No. 2011 -008, § 23, 5- 17 -11)
Page 30
Sec. 19 -204. - Enforcement and penalties: civil and criminal.
(a) It shall be unlawful for any person to violate any of the provisions of this article. This article shall be
enforced by personnel authorized by the division, county code enforcement officials, the police
agencies of the various municipalities in Palm Beach County and by the Palm Beach County
Sheriffs Office. When specifically authorized by the director, this article may be enforced by other
Palm Beach County personnel.
(b) Persons who provide services pursuant to this article shall not use physical force or violence or
threats of physical force or violence in dealing with the individuals responsible for administering this
article or individuals who have had or are about to have their vehicles /vessels recovered, towed or
removed or stored in connection therewith.
(c) The county court shall have jurisdiction over all violations of this article.
(d) The division shall maintain a system by which violators are given citations or written notice of all
violations. The county clerk shall accept designated fines and issue receipts therefore.
(e) The division is authorized to enforce the provisions of this article by administrative fines not to
exceed five hundred dollars ($500.00) for each violation. Any person who has violated any provision
of this article shall be fined an amount as established by the commission by resolution. Each day of a
continuing violation shall be deemed a separate violation.
(f) Payment shall be made, either by mail or in person, to the violations bureau within the time specified
upon the citation. If a person follows these procedures and makes payment, he shall be deemed to
have admitted to the infraction and to have waived his /her right to a hearing on the issue of the
commission of the infraction.
(g) All fines collected as a result of said citations (except those fines collected as a result of citations
issued by municipal law enforcement officers, which shall be remitted by the clerk of the court
directly to the municipality issuing the citation) shall be paid into the county treasury and deposited
into the designated fund for the division. All mandatory costs as required by statute shall be
assessed against every person convicted of a violation of this article.
(h) Any person who fails to make payments within the time period specified on the citation shall be
deemed to have waived his /her right to pay the civil penalty as set forth in the citation and shall
appear before the county court.
(i) Any person who elects to appear before the court to contest the citation shall be deemed to waive
his /her right to pay the civil penalty. The court, after a hearing, shall make a finding as to whether a
violation has occurred and may impose a civil penalty not to exceed five hundred dollars ($500.00)
plus court costs.
Q) If a person fails to pay the civil penalty or fails to appear in court to contest the citation, s /he shall be
deemed to have waived his /her right to contest the citation and, in such case, a default judgment
shall be entered and the judge shall impose a fine. At that time an order to show cause may be
issued. If the fine is paid, the case shall be dismissed. If the fine is not paid, judgment may be
entered up to the maximum civil penalty of five hundred dollars ($500.00) plus court costs.
(k) Any person who refuses to sign and accept a citation issued pursuant to this article shall be guilty of
a misdemeanor of the second degree, punishable as provided by Florida Statutes, § 775.082,
775.083 or 775.084.
(I) The division may require mandatory court appearances for violations resulting in the issuance of a
third or subsequent citation to a person. The citation shall clearly inform the person of the mandatory
court appearance. The division shall maintain records to prove the number of citations issued to the
person. Persons required to appear in court do not have the option of paying the fine instead of
appearing in court.
(Ord. No. 2011 -008, § 24, 5- 17 -11)
Page 31
Sec. 19 -205. - Administrative enforcement, denial, revocation and suspension of operating permits/ I.D.
badges.
(a) The director is authorized to deny, suspend or revoke operating permits, tow truck decals, or I.D.
badges upon written notice. Tow truck companies are subject to denial, suspension or revocation
when it appears that:
(1) The tow truck company and /or driver has failed to comply with or has violated the provisions of
this article;
(2) The tow truck company has failed to comply with or has violated the provisions of Florida
Statutes, ch. 323, § 713.78 and § 715.07;
(3) The operating permit or I.D. badge was obtained by an application in which any material fact
was omitted or falsely stated;
(4) Any tow truck or equipment owned or operated by the tow truck company and issued a decal
pursuant to the article has been operating in violation of this article or any provision of law.
(5) In addition, an operating permit issued pursuant to this article may be suspended or revoked
when the director receives written notification that the tow truck company, the tow truck
operator's officer, director or partner pled nolo contendere, pled guilty or has been convicted of
any crime designated as a felony (as referenced in section 19- 185(c)(1) (new
applications /renewals and issuance of towing operating permit; fees) or any crime relating to
motor vehicles. The only exception to this rule may be when the civil rights of such individual
has been restored.
(6) Failed to comply with the terms of a cease and desist order, notice to correct a violation, written
assurance of voluntary compliance, or any other lawful order of the director, the division, or the
consumer affairs hearing board and /or hearing officer.
(7) Failed to obtain or maintain insurance as required by this article.
(8) Misrepresented or concealed a fact on the application, renewal application, or replacement
application for a license.
(9) Engaged in any conduct as a part of the performance of any contract for service which
constitutes a deceptive and unfair trade practice or fraud.
(b) Suspensions.
(1) Any company which has violated this article as provided for in this section may have its
operating permit suspended by action of the division director for a period not to exceed thirty
(30) days. In such cases the director shall provide written notice to the company at least ten
(10) days prior to the effective date of the suspension. Any company which decides to appeal
the suspension by the director must submit the written request for an appeal and applicable
appeal fee to the consumer affairs division within that ten -day period. The written appeal will
then effect a "stay" on the suspension until the consumer affairs hearing board /special master
makes a final determination as to the merits of the suspension. The appeal hearing shall be
conducted as provided for in section 19 -207 (hearings and appeals). If the hearing
board /special master affirms the action of the director, the suspension becomes effective the
day following the decision of the hearing board /special master.
(2) Any company which has had its operating permit suspended for a specific ordinance deficiency
but fails to correct that deficiency after thirty (30) days shall have such operating permit revoked
for a period of one (1) year from the date of the revocation notice. Such revocation may be
appealed as provided for in section 19 -207.
(3) Notwithstanding other suspension, revocation or denial procedures included in this article,
where the action taken is based solely upon three (3) or more violations of this article which
resulted in civil fines /penalties, judgments or administrative orders entered by the Division
Page 32
and /or a conviction or plea of guilty or nolo contendere resulting from three (3) separate
incidents /complaints within a twelve -month period shall result in the suspension of an operating
permit for a period of four (4) business days. The company is required to pay an administrative
reactivation fee established by resolution of the commission before any towing services can
resume in Palm Beach County. Any company found operating during a period of suspension,
revocation or denial shall have its operating permit revoked for a period of one (1) year.
(4) Notwithstanding other suspension, revocation or denial procedures included in this article,
where the action taken is based solely upon four (4) or more violations of this article which
resulted in civil fines /penalties, judgments or administrative orders entered by the division
and /or a conviction or plea of guilty or nolo contendere resulting from four (4) separate
incidents /complaints within a twelve -month period shall result in the suspension of an operating
permit for a period of eight (8) business days. The company is required to pay an administrative
reactivation fee established by resolution of the commission before any towing services can
resume in Palm Beach County. Any company found operating during a period of suspension,
revocation or denial shall have its operating period revoked for a period of one (1) year.
(c) Revocations. Except as provided in subsection (b)(2) above, any company which has had its
operating permit revoked as provided for in subsection (a)(1) —(9) above shall have such operating
permit revoked for one (1) year from the date of the revocation notice. Such revocations may be
appealed as provided for in section 19 -207.
(Ord. No. 2011 -008, § 25, 5- 17 -11)
SBc. 19 -206. - Additional penalties.
Failure to comply with the requirements of this article shall also constitute a violation of this article,
and the Consumer Affairs Ordinance of Palm Beach County (Ordinance No. 77 -10, as amended).
Violations of this article may be punishable, upon conviction, pursuant to Florida Statutes, § 125.69(1), by
a fine not to exceed five hundred dollars ($500.00) per violation or imprisonment not exceeding sixty (60)
days, or both such fine or imprisonment, or may subject the violator to civil fines based on the issuance of
a civil citation. Each day of continuing violation shall be considered a separate offense. In addition to the
sanctions contained herein, the county shall take any other appropriate legal action, including but not
limited to, cease and desist orders, other administrative action and requests for temporary and permanent
injunctions to enforce the provisions of this article. It is the purpose of this article to provide additional
cumulative remedies.
(Ord. No. 2011 -008, § 26, 5- 17 -11)
SBc. 19 -207. - Hearings and appeals.
Upon receipt of the notice of denial, revocation, or suspension of an operating permit, which notice
shall specify the grounds for the denial, suspension or revocation, the tow truck company or tow driver LID
badge shall be entitled to an appeal according to the following:
(a) Administrative appeal. Any tow truck company or tow driver, which has had an operating
permit/badge, denied, revoked, or suspended by the division, may appeal such decision to the
consumer affairs hearing board /special master within twenty (20) days of receipt of the decision.
A nonrefundable filing fee must accompany the written request for appeal. The tow truck
company or tow driver may be represented by an attorney and shall be entitled to present a
defense. The company or its attorney shall file a written notice of appeal signed by the company
or its attorney requesting a hearing and setting forth a brief statement of the reasons thereof.
The filing fee shall be established by resolution of the commission. The appeal shall be
reviewed at a hearing of the consumer affairs hearing board /special master within sixty (60)
days of receipt by the division of the notice of appeal.
Page 33
(b) Orders. At the conclusion of any hearing set forth in this section, the consumer affairs hearing
board /special master shall orally render its decision (order) based on evidence entered into the
record. The decision shall be by motion approved by the affirmative vote of those members
present and voting. The decision shall be stated in a written order and mailed to the tow truck
company not later than ten (10) days after the hearing, and shall be deemed final agency action
with regard to the matter appealed.
(c) Court appeal. Any person may appeal a final determination of the consumer affairs hearing
board /special master within thirty (30) days of the rendition of the decision by filing a petition for
writ of certiorari in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach
County, Florida.
(d) For purposes of appeal, the FDLE criminal history/records reports and the State of Florida
Department of Highway Safety and Motor Vehicles traffic /driving record report shall be deemed
prima facie evidence and admitted into evidence before the consumer affairs hearing
board /special master.
(e) Upon receipt of such notice of appeal, the division shall set a time and place for such hearing
and shall give the violator or attorney and the consumer affairs hearing board /special master
reasonable notice thereof. All hearings and appeals shall be scheduled and determined as
promptly as practicable and in no event more than sixty (60) days from the date of the notice of
the written notice of appeal was filed. Written notice of the time, date, and place of the hearing
of the appeal by the division shall be served upon the appellant no later than twenty (20) days
prior to the date of the hearing. Said notice of hearing, shall be by personal service, certified
mail or posting in a conspicuous place at the tow truck company's place of business. Failure of
the company to respond within the time frames specified herein or failure to appear at a duly
noticed hearing shall be deemed a waiver of the right to hearing and an admission of the acts
specified in the notice.
(f) The consumer affairs hearing board /hearing officer shall hear the cases on the agenda. All
testimony shall be under oath or by affirmation and shall be recorded. Each case before the
consumer affairs hearing board /hearing officer shall be presented by the division. The consumer
affairs hearing board /hearing officer shall take testimony from county staff, if relevant, the
alleged violator, and other relevant testimony. Formal rules of evidence shall not apply, but
fundamental due process shall be observed and govern the proceedings. Upon determination of
the chairperson, irrelevant, immaterial or unduly repetitious evidence may be excluded, but all
other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of
their affairs shall be admissible, including hearsay evidence, whether or not such evidence
would be admissible in a trial in the courts of Florida. Due regard shall be given to the
competent, reliable and technical evidence which will aid the consumer affairs hearing
board /hearing officer in making a fair determination of the matter, regardless of the existence of
any common law or statutory rule which might otherwise make improper the admission of such
evidence.
(g) The consumer affairs hearing board /special master shall consider the case record as well as the
statement offered by any interested party and shall consider the matter de novo and shall, upon
the basis of the record before it, affirm, modify or reverse the decision of the director.
(h) If the consumer affairs hearing board /special master affirms the decision of the director to deny,
suspend or revoke an operating permit/I.D. badge, the suspension or revocation shall be
effective from the date of the consumer affairs hearing board's /hearing officer's order. A
decision to affirm the action of the director shall constitute final agency action for purposes of
further appeal.
(i) Suspension of the operating permit/I.D. badge. If, at the conclusion of the hearing, the
consumer affairs hearing board /special master decides to suspend the operating permit/I.D.
badge, a time certain shall be set as the period of suspension. Prior to the end of such time
certain, those violations for which the suspension was imposed shall be corrected; otherwise,
the suspended permit(s) will be automatically revoked. An administrative reactivation fee shall
Page 34
be collected to reinstate the suspended permit(s). The administrative reactivation fee shall be
established by resolution of the commission.
Q) Revocation of permit/I.D. badge. If, at the conclusion of the hearing, the consumer affairs
hearing board /special master decides to revoke an operating permit the individual, driver or tow
truck company shall remove and /or return the operating permit to the division. A tow truck
company whose operating permit has been revoked shall not be eligible to reapply as a new
applicant for a period of six (6) months from the date of revocation.
(k) If the consumer affairs hearing board /special master reverses the decision of the director, it
shall direct the director to issue or restore the tow truck operating permit/I.D. badge.
(1) In the event a written notice of appeal and accompanying filing fees are not submitted within the
times frames outlined in this article, the decision of the director shall prevail.
(m) Effect of appeal. The appeal of the decision of the director to suspend or revoke an operating
permit/I.D. badge shall stay the effective date of the suspension or revocation.
(Ord. No. 2011 -008, § 27, 5- 17 -11)
Sec. 19 -208. - mope of art ide.
(a) The provisions of this article and the relevant Florida Statutes shall be the exclusive regulations
applicable to towing, recovery and removal of vehicles /vessels in Palm Beach County and all storage
provided therewith. This article shall be applicable in both the unincorporated and incorporated
areas, except that this article shall not apply in any municipality that has adopted and maintains in
effect ordinances or regulations governing the same matters.
(b) Nothing in this article shall be construed to prohibit the discharge or storage of a vehicle or vessel
lawfully recovered, towed or removed in another county and lawfully transported into Palm Beach
County.
(Ord. No. 2011 -008, § 28, 5- 17 -11)
Sbcs. 19- 209 -19 -210. - Fbserved.
Page 35
a
Maximum Non-Consent Towing Rates
Effective March I 2015
Class A $167
Class B $248
Class C — applies to non-commercial vehicles only $370
Class D — applies to non-commercial vehicles only $530
1071"Imram. Omni
Class A
$7.50
Class B
$8.50
Class C
$10.00
Class D
$12.50
Palm Beach County
Maximum Non - Consent Towing Rates
Effective March 1, 2015
Page 2 of 2
Rate Type
Rate
Drop Charge — When the vehicle /vessel owner or authorized
One -half of
driver /agent arrives at the scene prior to the vehicle /vessel being removed
the posted rate
or towed from the property, the vehicle /vessel shall be disconnected from
for such
the towtruck and the vehicle /vessel owner or authorized driver /agent shall
towing service
be allowed to remove the vehicle /vessel without interference upon
payment of a reasonable service fee of not more than one -half of the
posted rate for such towing service.
Administrative /Lien Fee - after 24- hours, from time of police report.
$50 Maximum
Must show proof that lien letter(s) have been prepared with appropriate
flat fee
names /addresses included and that fees have been expended.
After Hour Gate Fee — may not be applied between the hours of 8
$35
a.m. and 6 p.m. Monday through Friday (excluding federal holidays) and
not for 6 hours after a vehicle has been impounded all other times when:
a. Impounded vehicles /vessel are recovered by the owner or
authorized driver /agent; or
b. The owner or authorized driver /agent wishes to recover property
from an impounded vehicle /vessel.
Extra Time at Scene - First one -half hour to be included in the
25% of
initial cost per call. Charges are 15 minute intervals. All extra
applicable
towing fee in 15
time /labor shall be documented by the towtruck operator and shall
minute intervals.
include the name of the law enforcement agency and the law
enforcement agency case number or the officer's name and badge
number. The documentation shall also include a detailed explanation
of the services rendered which necessitated the charges and if
possible photog raphs of the scene.
Underwater Recovery - Performed by a certified/ professional
$100 plus cost
diver with the written documentation and approval by the
per hour
investigating law enforcement agency/ officer.
(port -to -port)
Hazardous material clean -up and disposal as required, mandated
Towing
and /or licensed through state or local laws and approved by the
Company
investigating law enforcement ag ency /officer.
prevailing rates
The above maximum rates are not mandated by Palm Beach County, but they
cannot be exceeded.
R:Tonsunici Affans\ `rowiNa\2015 MaximumNonConsentTowRates.docx
b
TOWING FRANCHISE AGREEMENT
THIS AGREEMENT, dated the 15th day of December 2015 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
BLAKE'S TOWING & TRANSPORT, INC., a company authorized to do business in the
State of Florida, with its principal place of business at 1300 West Industrial Avenue, no.
102, 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.
1.1.2 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 No. 064 - 2110- 15 /JMA, 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:
Option II -Two Providers: Minimum 50 spaces each;
2
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
2011 -008 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 2011 -008 Palm Beach County Towing Ordinance adopted May 17, 2011 and as
amended.
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 II - Two 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
3
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 $133,875.00 annually,
payable in quarterly installments for the privilege of engaging in this Agreement with the CITY.
The first quarterly payment shall be made on or before December 15, 2015 and thereafter in
quarterly 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 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, 2015 and ending
December 14, 2018. This contract may be renewed for two additional one -year terms upon
mutual agreement of City and Contractor.
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.
4.1.3 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
4.1.5 The CITY's Police Department may issue a formal reprimand to the
P Y P
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 are at 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: Lori LaVerriere, 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
Fort Lauderdale, Florida 33308
Phone: (954) 771 -4500
Fax: (954) 771 -4923
5
Contractor: Ronald Schuster
Blake's Towing & Transport, Inc.
1300 West Industrial Avenue, #102
Boynton Beach, FL 33426
Phone: (561) 737 -3303
Fax: (561) 737 -7737
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.
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.
6
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.
CITY OF BOYNTON BEACH
ATTEST:
BY: ° "� ��
1 Lori LaVerriere, ity Manager
;0_, 1 • «s .. ' . \ 1Y O
CI Y CLERK
APPROVED AS To ORM:
U .
° � Q
N
Ja es A. Cherof[" Attorney
BLAKE'S TOWING & T' 4 , INC.
WITNESSES: BY: �
Print Na e: 2.0 - .7 c+.�c1 SCA.n.u�S
Title: Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this ;7), day of j>e'_ 20'
� c - -\\Gc , tof �‘c,_ki- e- S .v.c\ and acknowledged (s)he executed
the foregoing Agreement as the proper official of Z \(., \A.p , for the use and
purposes mentioned in it and they affixed the official seal of the corpor tion, and that the
instrument is the act and deed of that corporation.
4 TAMMY 1.. STANZIONE (Signature of N. ary Public - State .f F orida)
4 :. [ '' MY COMMISSION # FF213683 c
'•' ;;ora EXPIRES March 25, 2019 1 M
`� 5\c�v -. �-\ `(/
rbridallo� ry 0 \'1
I4C7)398 -0'53 (Print, Type or St p Commission Name of Notary Public)
Servfcecar
Personally Known OR Produced Identification \/
Type of Identification Produced C - S . L.
8
The City of
Boynton Beach
cy c Y o.
Finance /Procurement Services
- -. -_ 100 E. Boynton Beach Boulevard
r P.O. Box 310
Boynton Beach, Florida 33425 -0310
ti
7-0 N 0� Telephone No: (561) 742 -6310
FAX: (561) 742 -6316
December 16, 2015
Blake's Towing & Transport, Inc.
1300 West Industrial Avenue, no. 102
Boynton Beach, FL 33426
ATTN: Ronald Schuster
RFP: RFP FROM TOWING CONTRACTORS FOR A THREE YEAR FRANCHISE
AGREEMENT FOR TOWING AND STORAGE SERVICES
RFP No: 064 - 2110 -15 /JMA
Dear Mr. Schuster:
At the City Commission meeting of December 15, 2015, Commission authorized the City Manager to sign
a Three Year Franchise Agreement with Blake's Towing & Transport, Inc. for the award of RFP No. 064-
2110 -15 /JMA. Blake's Towing & Transport annual franchise fee as proposed is $133,875.00. The
franchise fee will be divided into four installments of $33,468.75 due on December 15 March 15 June
15 and September 15
Enclosed is a copy of Resolution R15 -165 and the original agreement for the Towing Franchise for your
signature. Please return the original signed Agreement at your earliest convenience. Also, please provide
us with a Certificate of Insurance naming the City of Boynton Beach as "Additional Insured ".
We would like to thank you for responding to this RFP and we look forward to working with Blake's Towing
& Transport over the next three years. If you have any questions, please do not hesitate to contact me at
(561) 742 -6310.
Sincerely,
Tim W. Howard
Director of Financial Services
encl: Resolution R15 -165, Original Agreement
c: Capt. Matthew Zeller — Police
Ramon Dauta — Interim Fleet Administrator
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