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R01-256 RESOLUTION NO. R 01- a~"fa, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BO'n, rroN BEACh, FUOP, m^, A~PROV~O THE AW~'m OF A Bm (NO. 088~ 2110-01/CJD) TO VARIOUS QUALIFIED TO~ COMPANIES; AUTHORIZING THE MAYOR AND CITY ATTORNEY TO EXECUTE THE TOWING SERVICES AGREEMENT 2001 AND ISSUE TH] CERFICATE OF QUALIFICATION TO APPROVEI TOW COMPANIES; AND PROVIDING A~ EFFECTIVE DATE. W}tEREAS, Procurement Services received and opened eight 8) Bids for the above mentioned project on August 21, 2001; and WItEREAS, an evaluation of proposals was conducted in City Hall on August 27, 2001, as a public meeting; and it was determined that six companies met the criteria based upon the specific requirements of the contract; NOW, TItERIgFORE, BE IT RESOLVED BY THE CITY COMYMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, TI-IAT: Section 1. The City Commission of the City of Boynton ~each, Florida, hereby approves the award of a bid to vahous qualified tow compan~ es; authorizing the Mayor and City Attorney to execute the Towing Services Agreer lent 2001, and issue the Certificate of Qualification to approved tow companies. Section 2. That this Resolution shall become effective imm ~diately. PASSED AND ADOPTED tHIS ATTEST: Clerk Commissioner [t~ day of September, 2001. CITY O~. BOYNTON B~EACH, FLORIDA mmissioner AGREEMENT_ THIS IS AN AGREEMENT, dated the 20th day of t~E~D~, between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation hereinafter referred to as "CITY" and ~.G_L~__S._S INC. DBAJEASTE. CTOR. WlTNESSETH: In consideration of the mutual terms and conditions, promL~ payments hereinafter set forth, CITY and TOW CONTRACTOR agre( .SPECIAL TERMS AND CONDITION~ 1.0 RATES. The rates herein have previously been established and apprev Beach City Commission and will remain firm and fixed for Agreement. The rates charges by TOW CONTRACTOR to tools, materials, and equipment shall not be greater tha maximum rates as previded by this Agreement. 1.1 APPROVED TOWING RATES - VEHICLES NOT OWNED CITY These rates are the only rates that will be charged vehicle Agreement: TOWING BY ITEM DESCRIPTION (1) Class A (cars, vans, light trucks under 10,000 GVW)within City I' m~ts; $90.00 pe (2) Motomycles within the City limits; (3) Towing outside the City limits for cars, vans, motorcycles, and light trucks 3/4 and less; $90.00 pe~ an additior $3.00 per mile from City limits .~s, covenants and as follows: .~d by the Boynton the term of this 3revide all labor, the applicable )R LEASED BY ~vners under this call call al owed AGREEMENT. THiS iS AN AGREEMENT, dated the 20th day of te~~, between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and EASTERN AUTO BODY & GLASS INC. DBA/EASTERN TOWING. hereinafter referred to as "TOW CONTRACTOR". WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and TOW CONTRACTOR agre( as follows: 1.1 SPECIAL TERMS AND CONDITIONR 1.0 RATES. The rates herein have previously been established and approv Beach City Commission and will remain firm and fixed for Agreement. The rates charges by TOW CONTRACTOR to tools, materials, and equipment shall not be greater tha maximum rates as provided by this Agreement. CITYAPPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY These rates are the only rates that will be charged vehicle owners under this Agreement: .~d by the Boynton the term of this ~rovide all labor, the applicable TOWING BY ITEM DESCRIPTION (1) Class A (cars, vans, light trucks under 10,000 GVW) within City limits; $90.00 per call (2) Motorcycles within the City limits; (3) Towing outside the City limits for cars vans, motorcycles, and light trucks 3/4 and less; $90.00 per call an additional $3.00 per f~owed mile from the City limits and AGREEMENT THIS IS AN AGREEMENT, dated the 2_0th day of September 20 THE CITY OF BOYNTON BEACH, FLORIDA, a municipal cc hereinafter referred to as "CITY", CONTRACToR.BECK'S TOWING & RECOVERY, INC hereinafter referred to 6o/~ ,.?,s~G 1, between: )oration, "TOW 1.1 WITNESSETH:_ In consi.deration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and TOW CONTRACTOR agree as follows: SPECIAL TERMS AND CONDITIONS 1.0 RATES. The rates herein have previously been established and approved by the Boynton Beach City Commission and will remain firm and fixed for the term of this Agreement. The rates charges by TOW CONTRACTOR to prqvide all labor, tools, materials, and equip~nent shall not be greater than the applicable maximum rates as provided by this Agreement. CITyAPPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY These rates are the only rates that will be charged vehicle owners under this Agreement: / A. TOWING BY ITEM DESCRIPTION / (1) Class A (cars, vans, light trucks $90.00 per c;IJ under 10,000 GVW) within City limits; (2) Motorcycles within the City limits; $90.00 per ca (3) Towing outside the City limits for an additional cars, vans, motorcycles, and light $3.00 per towbd trucks 3/4 and less; mile from the City limits THIS IS AN AGREEMENT, dated the 20th day of ~=%~, between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY" and EMERALD TOWING SERVICE. hereinafter referred to as "TOW CONTRACTOR". WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and TOW CONTRACTOR agree as follows: SPECIAL TERMS AND CONDITION,~ 1.0 RATES. The rates herein have previously been established and approved by the Boynton Beach City Commission and will remafn firm and fixed for the term of this Agreement. The rates charges by TOW CONTRACTOR to provide all labor, tools, materials, and equfpment shall not be greater than the applicable maximum rates as provided by this Agreement. 1.1 APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY CITY These rates are the only rates that will be charged vehicle owners under this Agreement: TOWING BY ITEM DESCRIPTION (1) Class A (cars, vans, light trucks under 10,000 GVW) within City limits; $90.00 per catl (2) Motorcycles within the City limits; $90.00 per call (3) Towing outside the City limits for cars, vans, motorcycles, and light trucks 3/4 and less; an additional $3.00 per towed mile from the City limits THIS IS AN AGREEMENT, dated the 20th day of September 200i, between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and JORDAN WRECKER SERVICE, INC. hereinafter referred to as "TOW CONTRACTOR". WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and TOW CONTRACTOR agree as follows: SPECIAL TERMS AND CONDITION~ 1.0 RATES. The rates herein have previously been established and approved by the Boynton Beach City Comm~ssi~)n and will remain firm and fixed for the_term of this Agreement. The rates charges by TOW CONTRACTOR to preyide all abor, tools., materials, and equipment shall not be greater than tl~e applicable maximum rates as provided by this Agreement. 1.i APPROVED TOWING RATES . VEHICLES NOT OWNED OR LEASED BY CITY These rates are the only rates that will be charged vehicle owners under this Agreement: TOWING BY ITEM DESCRIPTION (1) Class A (cars, vans, light trucks under 10,000 GVW) within City limits; $90.00 per call (2) Motorcycles within the City limits; $90.00 per call / (3) Towing outside the City limits for an additional cars, vans, motorcycles, and light $3.00 per towed trucks 3/4 and less; mile from the City limits and 1.1 AGREEMENT. THIS IS AN AGREEMENT, dated the 20th day of September 20C THE CITY OF BOYNTON BEACH, FLORIDA, a municipal cot hereinafter referred to as "CITY", CONTRACToRSCOTT'S TOWING. & RECOVERY, INC. hereinafter referred to a WITNESSETH: In consideration of the mutual terms and condition , payments hereinafter set forth CITY ............ s promises, c , ~u ~uvv L;(JNTRACTOR agree as f _SPECIAL TERMS AND CONDITION?, 1.0 RATES. The rates herein have previously been established and approved b, Beach City Commission and will remain firm and fixed for the' Agreement. The rat.~s charges by TOW CONTRACTOR to tools., matenals, and equipment shall not be greater thanPr~i maximum rates as provided by this Agreement. APPROVED TOWING RATES - VEHICLES NOT OWNED OR CITY between: oration, "TOW )venants and Ilows: the Boynton term of this de all labor, applicable -"AS E D BY These rates are the only rates that will be charged vehicle owners under this Agreement: TOWING BY ITEM DESCRIPTION (1) Class A ~cars, vans, light trucks under 10,000 GVW) wthin City limits; $90.00 per call (2) Motomycles within the City limits; (3) Towing outs de the City limits for rs, vans, motorcycles, and light trucks 3/4 and less; $90.00 per call an additional $3.00 per towed mile from the City limits AGREEMENT THIS IS AN AGREEMENT, dated the 20th day of September 2001, between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and ZUCCALA'S WRECKER SERVICE, INC. hereinafter referred as "TOW CONTRACTOR". WITNESSETH: In consideration of the mutual terms and conditions, promis covenants and payments hereinafter set forth, CITY and TOW CONTRACTOR agree as follows: SPECIAL TERMS AND CONDITIONS 1.0 RATES, The rates herein have previously been established and approved by the Boynton Beach City Cornmiss~on and will remain firm and fixed for the term of this Agreement. The rates charges by TOW CONTRACTOR to 3rovide all labor, tools, materials, and equipment shall not be greater tha the applicable maximum -ates as provided by this Agreement. APPROVED TOWING RATES - VEHICLES NOT OWNED R LEASED BY CITY These rates are the only rates that will be charged vehicle ,wners under this Agreement: AJ TOWING BY ITEM DESCRIPTION (1) Class A (cars, vans, light trucks $90.00 under 10,000 GVW) within City limits; (2) Motorcycles within the City limits; $90.00 .~r call ;r call (3) Towing outside the City limits for cars, vans, motorcycles, and light trucks 3/4 and less; an additional $3.00 per towed mile fromthe City limits (4) (5) (6) (7) (8) Class B (vehicles 10,000 to 30,000 GVW) within the City limits; Towing outside the City limits for Class B vehicles; Class C vehicles (over 30,000 GVW) within City limits; Class C vehicles outside City limits; Additional time at the scene after first hour, per 1/2 hour thereafter (applied to all vehicles, cars, vans, and trucks under and over 3/4 ton, for waiting and extra street clean-up. This provision shall not apply in conjunction with vehicle recovery under Section 1.2(C). (9) Miscellaneous other charges 4 X 4/off-road vehicle recovery Tarp fee Lowboy service Outside the City limits $175.00 per call an additional $4.00 pe~- towed mile fro~ the City limits $8.00 per towed mile frorfl the City limits $40.00 p ~r half hour $95.00 f( r the first hour and $30.00 ,~r half hour ther ~after $35.00 ,~r ca~l $175.00 per hour an additional $6.00 pe~ towed mile from Citylimits Underwater recovery salvage divers $125.00 for first half hour or part thereof, and $31.00 fc~r each additional 1/4 hour or part thereof. (10) For purposes of this Agreement, when CONTRA(: additional charges based on time spent at ti otherwise specified, CONTRACTOR Shaltapporti forth herein to be consistent with the actual ti scene. STORAGE AND LIEN NOTICE (1) Cars, vans, trucks under 3/4 ton Outside storage Inside storage $25.00 p, $30,00 p~ Ton is entitled to [e scene, unless 3n the charge set Me spent on the r day ;r day (2) Trucks and vehicles over 3/4 ton Outside storage $35.00 Inside storage $40.00 (3) Motorcycles Ou,tside storage $15.00 Inside storage $20.00 (4) Boat and trailer (21 feet and under) Outside storage $17.00 Inside storage $22.00 p, ;r day p~ ;r day p~ ;r day p~ ;r day pt ~r day pi ;r day ~r day vehicle hicle owner for a ly part thereof. (5) Boat and_trailer (over 21 feet) $30.00 (6) Lien notice (after 24 hours of $40.00 storage) Per Florida Statutes, no storage fee shall be charged to the vE vehicle stored less than six (6) hours. "Per day" shall be defined as a twenty-four (24) hour period or D= VEHICLE RECOVERY The following vehicle recovery fees may be charged to the vehicle owner when the vehicle is overturned, embedded in sand, mud, or water, or requires more than a single hook-up: (~) Class A and B wrecker on the scene; $90.00 per hour and $30.00 per each half hour after the first hour (2) Extra man (each) on the scene $35.00 per h(~ur / ROAD SERVICE For all trucks, cars, vans and other vehicles under and over 3/4 ton, a road service fee of $40.00 per call may be charged to the ~.ehicle owner for services such as assisted start, unlocking a door, delivering gas, tire changes, etc. 1.2 APPROVED TOWING RATES- CITY OWNED OR CITY LEASED VEHICLES,, . A. All CITY owned or CITY leased v~e~icles under the :~/4 to.n, ,,Class A wrecker will be towed at forty (40'~) percent the Class A rate, as indicated in Section 1.11 of this Agreement. All CITY owned or CITY leased vehicles under 3/4 ten requiring road service as indicated in Section 1.11 of this Agreement will receive such services at forty (40%) pement of the road service rate. All vehicles towed at the request of the Boynton Beach I as a crime scene vehicle, confiscated vehicle, forfeited other way related to police business will be towed at fort3 the contract rate and will be stored for forty (40%) percE storage rate as stated in Section 1.11 of this Agreement. ,,A, II, CITY owned or CITY leased vehicles towed under C C will be towed at forty (40%) percent of the appmpriat rate as set forth in Section 1.11 of this Agreement. All vehicles towed at the request of Code Enforcem{ department of CITY in connection to City business, shall (40%) percent of the contract rate and will be stored at f¢ )olice department vehicle, or in any (40%) pement of nt of the contract ass "B" or Class .~ Class "B" or "C" ~nt, or any other be towed at forty rty (40%) percent of the contract rate, as set forth in Section 1.1 of this Agreement. City shall not be assessed any waiting time charges, whatsoever,- 4 experience, qualifications, training and past performance of each proposed towing company's owners and officers, and persons directly involved in managing the service on a regular basis; Consumer Affairs concerning misconduct on proposed towing company, such as excessi~ business practices, damage to vehicles, extensi litigation will be considered and shall weigh he; applicant. substantiated complaints received by CITY or Palm Beach County the part of the e charges, poor /e involvement in ~vily against each Evaluation of applications will be conducted by a comr who shall evaluate all responsive applications receive meeting or exceeding the contract specifications information and references contained in the application, shall also cons[der the inspection of the applicant's fa( record keeping, and' employees. The committee recommend~tki~s to the Ci~/Manager in the form of a Ii, company applicants. The City I~lanager shal then recommendation to the City Commission. The City Commission reserves the right, based upon its its opinion, to award a certificate of qualifications. 2.1 ELIGIBILITY. A. To be eligible to respond to this RFQ, TOW CONTF regularly engaged in the towing business on a full-ti~ Beach COunty and the City of Boynton Beach, and produce evidence or prior experience ~n providing ~ittee of City staff -I from applicants based upon the The committee il[ties, equipment, will then make ;t of proposed tow turn over his/her deliberations and ACTOR shall be we basis in Palm shall be able to similar services continuously for the past two (2) years (one year of which must have 9een within Palm Beach County, Florida). TOW CONTRACTOR shall have satisfactory financial equipment and organization sufficient to ensure that TO~ can satisfactorily execute the services, if granted a c~ terms and conditions stated herein. In the event litigation arises out of the CITY's failure to applicant, damages, if any, shall be limited to actual incurred by the challenging party. The terms "equipment" and "organization" as used construed to mean a fully equipped and well establi., determined, approved or ratified by the Boynton Beach ( TOW CONTRACTOR shall have an office and storage support, required V CONTRACTOR ~ntract, under the select a particular )reparation costs herein shall be ~ed company as ;ity Commission. facility within the 1.3 2.0 Companies will not lose position on rotation when called for tow of City owned vehicle. SPECIAL AND ADDITIONAL CHARGES A. WAITING TIME. The cost for waiting time shall not be assessed by TOW CONTRACTOR until forty-five (45) minutes after arrival at the scene. LABOR CHARGES. The cost for labor under any circumstances and when applicable shall not be assessed by TOW CONTRACTiOR until forty-five (45) minutes have exp red after arrival at the scene. ILILILIL~bor charge must be Clearly shown on the tow receipt with a written explanation of the labor charge. LABOR CHARGES PROHIBITED. The cost for I~bor shall not be assessed to CITY or Customer under any circumstances for the dean-up and removal of vehicle parts and debris, regardless of the labor and time necessary to complete cean-up and removal. Labor to the general public will be reviewed within six (6) months of the effective datF of this contract. SERVICE CALL. TOW CONTRACTOR agrees that tl~e! mere response to a service call scene without other action does not constitute a service for which charges may be assessed to the vehicle owner. DOCUMENTATION OF SPECIAL AND ADDITIONAL CI TOW CONTRACTOR will document in detail on the reason(s) for waiting time charges and the work perfor tARGES. , tow receipt the ned for assessed labor charges. TOW CONTRACTOR agrees that the si ecial or additional charges may be disputed by CITY offic a s and/or the vehicle owner or representati{~e. TOW CONTRACTQR fur[her agre,;s that the City Manager or his/her designee wilt make the final detgrminafion on the assessment of a disputed special and additional charge, and that TOW CONTRACTOR shall abide by the decision of the City Manager or his/her designee. CONSIDERATION FOR AWARD AND AWARD PROCEDURE A. A certificate of qualificafion shall be granted to the applicants meeting the specifications set forth herein, wt~ interests of the CITY based upon the following criteria: S best responsible ich serve the best the ability of the applicant to provide the requi'ed services with regard to the extent and: condition of equipm4;nt and facilities, record keeping procedures, competency of staff, financial support, and exceptions taken to contract terms, conditions and specifications; 5 city limits of the City of Boynton Beach at the time the proposal is submitted for CITY's rewew. The storage facility shall be in full compliance with the terms of this Agreement, and shall be maintained as such at all times during the duration of this Agreement. TOW CONTRACTOR agrees that it will, at its sole cost and expense, if selected fu fil and comply with all laws, ordinances, codes regulations and requirements of the City of Boynton Beach, Palm Beach County, the State of Flodda, the United States of America, and any and all govemmental agencies having jurisdiction over the providing of services as conl~emplated in this ~,greement. _ TOW CONTRACTOR must maintain at all times, any i~:enses or permits required by the State of Florida, Palm Beach Count:, and the City of Bo~,nton B~ach in order to conduct business as a wrecJ :er or tow service. Proof of said license Shall be submitted pdor to th~ approval of this Agreement. TOW CONTRACTQR shall be licensed to do business in ti e City of Boynton Beach pursuant to Chapter 13 of the Boynton Beach Code (,f Ordinances. At all times during the term of this Agreement, TOW CONTF ~CTOR, its subsidiaries, agents, employees or representatives shall o~ly appear on the rotation list once. Under no circumstances shall a Tow Codtractor who has a business, financial or legal relationship with another Tow Contractor be permitted to have more than one place on the rotation list. If and whenever a tow contractor obtains Class "C" certification(s), that Contractor will be included in the Class "C" Rotational Basis. In order to be placed on the Class "C" Rotational Basis, the Towing contractor must submit proof of their certification to the City of Boynton Beach and follow all procedures that are currently in place for Class "C" tow con'tractors as stated in the Towing Agreement. 2,2 APPLICATION REQUIREMENTS. All applications shall be submitted as specified on the application pages. Any attachments must be cleady identified. To be considered, th~ application must respond to all parts of the RFP. Any other informat on thought to be relevant, but not applicable to the enumerated categories should be provided as an append x to the proposal. If publications are supplied by an app icanl~ to respond to a requirement, the response should include a reference to the document number and page number. This will provide a quick reference for the evaluators of the application. AppliCations fa ng to provide this reference will be considered to have no reference material included in the additional documents. 7 ALL SUBMITTED MATERIALS BY PROPOSED TOW CONTRACTORS MUST BE TYPED. NO HANDWRITTEN MATERIALS WILL BE ACCEPTED. ANY HANDWRITTEN APPLICATIONS THAT ARE RECEIVED WILL BE AUTOMATICALLY DISQUALIFIED AND WILL NOT BE CONSIDERED. 2.3 GENERAL SPECIFICATIONS. A. TOW CONTRACTOR shall maintain and have ava ab~le at ail times for inspectio~ by authorized CITY personnel, detai ed records of all services render.ed relative to the subject Agreement. TOW: CONT~C. TOR shall furnish towing service f¢ vehicles within' {he City of B°ynton Beach when re dispatch.ed or required by the City of Boynton Beach (or other CI'CY authorized representative in the case of leased vehicles). Such serv bes sha be made availab (2~4) hour bass CITY shall be given preference on Police Department. the removal of uired and when ~olice Department city-owned or city on a twenty-four for calls by the TOW CONTRACTOR shall maintain adeq.uate storag, City for said vehicles when towed. Said storage facili! minimum requirements set forth in this Agreement. At an accident scene, TOW CONTRACTOR shall remc and surrounding area all broken glass and other debris accident. CITY shall have the right to cancel a request for tow cc until the time that a wrecker is hooked onto a vehi, transport to the storage facility. However, if the tow is company will retain their position in the rotation. space within the es shall meet the ye from the street resulting from the mpany service up :le and ready for cancelled, the tow 2.4 SPECIFICATIONS FOR WRECKERS. The CITY agrees to maintain three (3) wrecker rotation lists, as follows: 1. Class "A"/"B" List; 2. Class "C" List; and 3. Code Enfomement List (mandatory for all Class "~ contractors). TOW CONTRACTOR must own, lease (first-party) and or mortgage and have immediate access to two TOWING,~RECOVERY VEHICLES with the following spe ~"/"B" tow be in possession, (2) CLASS "A" cifications: Small wreckers with a minimum four (4) ton capacity, with a minimum GVVV rating of 10,000 pounds and equipped with a cradle, or tow plat, or sling, and safety chains. 8 2. Boom capacity greater than or equal to four (4) tons. 3. Power winch with a pulling capacity of at least foLtr (4) tons. At least One hundred (100) feet of 318-inch thick (or greater) cable with an end hook. One of the required Class "A" wreckers must be back or slide-back, with a minimum four (4) tor rating of at least 10,000 pounds, with at least (4 capacity, a fiat bed seventeen to twenty (17-20 at least fifty (50) feet of 3/8 inch cable. TOW CONTRACTOR must own, lease (first-party) an~ or mortgage and have immediate access to at least o TOWING/RECOVERY VEHIOLE, which shall be flatbed is mounted on a 23,000 pound GVWR chassis and e( (4) ton winch. Should TOW CONTRACTOR desire to be placed wrecker rotation list, TOW CONTRACTOR must own, and be in possess on or mortgage and have mmed ate one (1) CLASS "C" TOWING/RECOVERY VEHICLE specifications: Large wrecker with at least twenty-five (25) ton rating of at least 25,000 pounds, a cradle or tow safety chains orwheel lift capability. 2. An extendible boom with a capacity of at least fift~ A twin power winch with a pulling capacity of (25) tons. 4. At least two hundred (200) feet of 5/8 inch thick ~ flatbed truck roll- capacity, a GVW ton winch pulling I=eet in length, and be in possession, ~e (1) CLASS "B" or slide-back, that Jipped with a four )n the Class "C" lease (first-party) access to at least with the following capacity, a GVW plat or sling, and ,en (15) tons; : least twenty-five 5. Air brakes with an auxiliary air supply. Class "C" TOW CONTRACTORS must have the ability to tow an aedal fire truck that is approximately 64,000 pounds GVW, any sanitation truck, and a Track EXcavator that is approximately 30 tons. TOW CONTRACTOR shall own, lease, or mortgage and have immediate access to at least one (1) motorcycle trailer. EACH AND EVERY tow truck or recovery vehicle must be outfitted with the following supplies and equipment: 1. Operating clearance and marker lights, as well as any other equipment required by Florida Statutes, or any other laws or codes governing tow and recovery vehicles; 2. There shall be a rotor beam or strobe light, that iS amber in color and mounted on the wrecker in such a manner that it can be seen from the front, rear and sides of the vehicle; One (1) heavy-duty push broom; A flood light on the hoist; One (1) fiat-nose shovel; One (1) ax; One (1) crowbar; At least one (1), five (5) pound Carbon dioxide fire extinguisher with a current inspection tag. The fire extinguisher must be an approved type; One (1) pair of bolt cutters; One (1) set of jumper cables; One (1) four-wait lug wrench; One (1) high-intensity flashlight; One (1) set of red highway reflectors; Five (5) thirty minute flares; Each wrecker and tow vehicle shall contain a telephone or radio communications system to enable continuous direct contact between the ddver and the office of TOW CONTRACTOR; and Each vehicle shall be specifically designed, cOnstructed! and equipped for the towing of vehicles, and shall a~t all times, be prepedy maintained in a mechanically safe conditior~. 4. 5. 6. 7. 8. 10. 11. 12. 13. 14. 15. 16. ]0 3.0 To be awarded and to maintain a certificate of qualification a Class "A"/"B" TOW CONTRACTOR shall have in operational condition at the time the certificate of qualification is awarded and for the duration of this agreement at least two (2) Class "A" wreckers, and one (1) Class "B" wrecker, TOW CONTRACTOR shall have available at all times, sufficient equipment to perform all services required herein on a timely and responsible basis. TOW CONTRACTOR shall notify CITY in the event any of the required equipment, as set forth in this Agreement, is inoperable, sold, levied upon, repossessed or attached. STANDARDS OF, CONDUCT FOR TOW CONTRACTORS. A. TOW CONTRACTOR shall comply with all laws, roles aqd regu at ohs of any go?rnmental agency havin~ jurisdiction in the premises, including but no;~ limited to, licensing and minimum safety reqUirements. TOW CONTRACTOR shall be the holder of a general towing and wrecker service license issued by Palm Beach county and Shall be the holder or any licenses required by Florida law and the (~ity of Boyntc~n Beach. Each wrecker shall be manned by a driver who must meet the following qualifications: Possesses a valid State of Flodda required Commercial Drivers License (CDL); Possess knowledge of the layout of streets and roa( City of Boynton Beach; and Be physically qualified to perform the normal and required of a tow truck operator. TOW CONTRACTOR shall ensure that each drivel company's equipment in a safe and proper manner in ~ operating manuals and Florida Statutes, Upon receipt of ~ the City of Boynton Beach Police Department on a driver's unsafe, unlawful or improper operation, documented corrective action must be taken by TOW CONTRACTOR. Iways within the everyday tasks operates the ccordance with complaint from [! 4.0 STORAGE FACILITIES. TOW CONTRACTOR shall maintain a storage facility for all impounded vehicles. There shall be an outside enc osed area and an inside storage area. A fac I t es shall be located within the city limit,s, and be owned or leased by TOW CONTRACTOR. TOW CONTR~,CTORs storage facilities car~not be reocated without written consent from CITY. Should TOW CONTRACTOR relocate without obtaining said consent, the relocation shall constitute a breach of this Tow Agreement. OFFICE FACILITIES. It shall be the duty of TOW maintain office facilities: a. to include telephone and restroom faculties, containing, for example, a desk, phone, fa computer, etc.; b. with a physical plant having the name of the < mailing ad~lress and 24-hour phone number clearl that are accessible to CiTY officials at anytime, days a Week; and that maintains a radio communication system at ~ per day, 7 days a week. TOW CONTRACTOR sh phone answering services(s), as said services are under the terms of this Agreement, and use of su constitute a breach thereof. OUTSIDE STORAGE a. Outside storage shall be kept and maintained to removal of junk, tires, and auto parts; the regula shrubbery, bushes, trees and grass areas (along f property); and adequate drainage to prevent standi ONTRACTOR to id a work area simile machine, 3mpany and the painted; hours a day, 7 times, 24 hours all not utilize any strictly prohibited ;h services shall provide for the r tdmming of all ,~nce line and on lg water. Outside storage areas must be protected by an enclosed solid wall or a substantial wire fence not less than six (6) fe~! in height. The top of such a fence or wa I, including all gates, ~loors, or roofed open areas shall be equipped with not less than t~elve (12) inches of barbed wire installed n such a manner as to discourage access over the top of such a fence or wall. All fences a~d walls shall be maintained in good repair throughout the term of this Agreement. Any damage to such wails or fences shall be repaired within twenty-four (24) hours of its occurrence. C= The area must have a vehicle storage capacity ~ at least twenty- five (25) vehicles. This storage will predominantly be utilized for accident tows, designated "I-71OLD,'' confiscate(~, and evidence vehicles. A secondary storage area may be located within a ten (10) mile radius of the City of Boynton Beach, and may be utilized for Code Enfomement-related tows. INSIDE STORAGE. TOW CONTRACTOR shall be capal: storing up to three (3) vehicles in inside storage, and least one (1) inside storage space that shall me specifications: a working area of 9' X 20' per vehicle with at leasl high ceiling; le of shall maintain at ,~t the following an eight (8') foot a paved floor (i.e. concrete, asphalt) that is free fl water and vegetation; an electrical lighting source sufficient to permit vehicle; and d. one (1) outside window or a ventilation system. CRIME SCENE, CONFISCATED, SPECIAL "HOLD" ST£ a. An,~ veh c e towed or stored as a resu t of the relative to a crime scene ~nvest gat on sha I be ha~ (Le. cloth, rubber or leather) ~)y the wrecker operat, om dirt, standing )recessing of a ~AGE marked "HOLD" idled with gloves )r, Crime scene vehicles slla be stored to prevent physical contamination or degradablff ewdence from dete~oratlng, and by inside storage. If inside stOrage is not available CONTRACTOR shall surrender the tow and fe~ to the next Contractor in rotation. This shall not prevent CITY fTom removing the vehicle or trailer and stor[ing it at a City-owned qr controlled ~'acility or at another Tow Contractor's storage compound. If laboratory work on a crime scene vehicle is required and the vehicle must be processed at the City of Boynt0n Beach Police Headquarters, the crime scene vehicle shall be transported to the City-designated location. Vehicles which have been marked "HOLD"by the Police Department shall be stored ~at such compound for whatever period of time necessary, in orderl to propedy process the vehicle and conduct any investigation necessary. ~3 5.0 5.1 5.1.1 Confiscated vehicles or vehicles involved in litigation shall be protected from the elements, preferably at an inside storage facility, as to maintain the vehicle in its condition at t~e time of towing. This shall not prevent CiTY from removing the vehicle and stodng the vehicle at a City owned or controlled ~'acility Or at another Tow Contracto¢s facility. City of Boynton Beach Police Department personnel shall be permitted access to all such vehicles at all times. PERFORMANCE PROBATION PERIOD. A. A contractor awarded a Certificate of QuaJification wili be subject to ,a three (3) month probationary pedod Durng this treE,.the contractor, s performance will be evaluated by City staff, if TOW .,ONTRACTOR S performance fa Is to meet .the st~[ndards set forth in thi Agreement, the City Com?ssion may, upon the recommendation of Cil staff, by written notiCe setting forth t~e ~lefault under the Agreement t ~rrns revoke the Certificate 0~;: Qualiifi~ation. If performance is ~cceptable at the end of the probationary periodl described herein, TOW CONTRACTOR w be so notified bythe City. Should the City Commission revoke a Certificate of Qualification within the three (3) month probationary period, another Certificate of Qualification may be awarded to an eligil~le company as determi~ned by the City Commission. ROLE OF CITY MANAGER AS TO PENALTIES. The City Manager for CITY shall have the power to formally reprimand TOW CONTRACTQR,' suspend the Certificate of Qualification, suspend activities of TOW CONTRACTOR under the terms of this Agreement, recor~mend to the City Commission revocation of the Certificate of Qualification, and recommend to the City Commission that this Agreement with TOW CONTRACTOR be terminated. FORMAL REPRIMAND. Upon review of materials prov ded to him/her by C ty staff the C~ity Manager may issue a Written reprimand to TOW CONTRACTOR for any act o.I omission, which in his/her sole discretion, is deemed to be a violation of this Agreement A written reprimand for an act or omission in violation of tl~e terms of this Agreement shall be grounds for recommending termination of[the Certificate of Qualification should t~e City Manager deem such action to be appropriate under the circumstances. 14 5,1.2 5.1.3 5.1.4 REVOCATION In the event any criteria for qualification established by this Agreement and Resolution R01- are violated by a Certificate Holder (TOW CONTRACTOR), CITY may serve written notice upon Certificate Holder of tee recommended revocation of the Certificate of Qualification and/or termination of the Agreement. However, any and all liabilities of TOW CONTRACTOR and the surety for acts, omissions, or violations occurring prior to the date of cancellation shall not be affected, waived or otherwise as a result of the cancellation. In the event City Manager for CITY recommends revocation of the Certificate of QualifiCation and/or termination of the Agreement with TOW CONTRACTOR, such a recommendation shall be considered by the City Commission for CITY. COMPLAINTS AGAINST TOW CONTRACTOR. TOW CONTRACTOR hereby agrees that any complaints receved by CITY concerning the performance of TOW CONTRACTOR's duties under this Agreement and otherwise shall .be referred to the City Manager of the Cty of Boynton Beach. The failure Of TOW CONTRACTOR to folloW any subsequent easonable Inst~ctlon of the City. Maaager regarding any complaint will be considered a rn~teria breach of tl~is Agreement ~nd tl~e awarded Cert ficate of Qua ificatlon, an~l sba be ~ause foi~ term nation thereof. REPUTABlUTY. Lack of reputabi ity shall be cause for revocation of a Certificate of Qualification and shall nc ude, but not be limited to the following: Misstatements concerning the conviction of .a, ny officer, e~nployee or agent convicted of any felony When that person s civil rights have not been restored; Retaining any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; Retaining any officer, employee or agent convicted of any felony or first degree misdemeanor directly related to the business and~or operation of a wrecker, when that person's civil rig hts have not been restored· For the oPUrpose oI this Agreement, any offense involving perjury, false statement r theft shall be c~nsidered to be directly related to the bbsiness operation of a wrecker. Retaining any officer, employee or agent convicted or the offense of driving under the influence of alcohol or any other controlled substance to the extent that normal faculties are impaired; of the offense of driving a vehicle and having an unlawful blood alCOhol level; or of ~ny other criminal traffic offehse. [5 5.1.5 6.0 SUSPENSION Should at any time during the term of this Agreement, including during any option terms, the tow company be in violation of any of the terms and cond tons of this Agreement, the City Manager or h s or her designated agent shall have the right to suspend the company until the violation Js resolved to the satisfaction of City staff. If the violation is not promptly resolved or is of such a serious nature that the City Manager determines that suspension is inadequate, the City Manager reserves the right to recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR for cause. Should at any time dudng the term of this Agreement, including during any option terms, TOW 'CONTRAC~'OR or its princip~ s become the su~bject (~f a ~riminal investigation, t,h.e City Manager shall have the r ght to' suspend TOW ~ONT~,CTOR s certi~cate of Qualification pending the outcome of any criminal investigation and trial, should one result. Upon the conc usion of a criminal investigation that do~.s not result in criminal charge§ against TOW CONTRACTOR :or its p~rmcipals, the City Manager may recommend to the City CommiSsiOn revocation of the Certificate of Qualification and termination of th s Agreement' With; TOW CONTRACTOR, or the 'City Manager may lift the s~spenSion, thereby reinstating the Certificate of Quali~:ation to TOW CO~TRACTOR. If an adjud cation of guilt is entered against TOW CONTRACTOR at the conclus[on'of atria or via plea bargaining with the State, the City Manager may reCOmmend ta tkie City Co~nmission revocat on of the Certific~ [e of Qua fication and termination of this Agreement with TOW CONTRACTOF or City Manager may reinstate. COMMERCIALLY MANUFACTURED EQUIPMENT. A. Each tow truck, recovery vehicle and all equipment ¢ wned, leased, or mortgaged by TOW CONTRACTOR shall be commerci ~lly manufactured and shall cor~form to the requirements set forth herein qr be approved by CITY or its designee. B. Each tow truck, recovery vehicle, and all equipment utilized by TOW CONTRACTOR shall be maintained in good mechanical condition at all times. Each tow truck, recovery vehicle, and all equipment is subject to inspection by CITY or its designee at all times during the term of this Agreement. No vehicle of TOW CONTRACTOR shal be used as an emergency vehicle, except when the cimumstances justify the useof the vehicle in that manner. (i.e. flashing lights are to be used only wher~ necessary). 16 6.1 7.0 8.0 9.0 10.0 MARKINGS. TOW CONTRACTOR agrees to have no markings on vehicles, buildings, or correspondence that indicates or tends to indicate any official relationship between TOW CONTRACTOR and the City of Boynton Beach~ SITE CLEAN-UP. TOW CONTRACTOR shall, at no cost to CITY, the public or the owner of the towed vehicle or trailer, promptly remove all debris from the public street, sidewalks, parks, and property of CITY; and shall remove the same to a proper place for disp0sa if the accident scene is, will or has been served by TOW CONTRACTOR, its agents or employees. The owner of the vehicle or trailer towed may be charged pursuant to the rate schedules set fortt' in this Agreement for/he clean-up of hazardous wastes, chemicals, construction debris and spilled loads, EMPLOYEES. TOW CONTRACTOR agrees to maintain, and upon request, )rovide to the City of Boynton Beach Police Department the following informati 3n on all officers, employees, agents, and servants, and to be responsible for keeping the information accurate and current: name, address, date of bit h, driver's license number, social secudty number, and photograph. TOW CON I'RACTOR agrees that the owner(s) of the company or the officers of the compa~ y, if a corporation, shall be personally responsible for the acts of their empl~)yees, while said employees are on-duty, TOW CONTRACTOR further ac:knowledges and agrees to notify ts emp oyees that CITY may run drivers licen.~ e histories on any driver at any time with or without cause. TWO OR MORE APPLICATIONS UNDER DIFFEREN RECEIVED FROM ONE PROPOSER. If more than one application is submitted by any one proposer, Dy or in the name of his or their clerk, partner, or other persons, and it is determined by CITY staff that such applicant is under single, identical, or substantially the same ownership, all such applications will be rejected. 1t~ the above described dual ownership is n(~t revealed until the contrac{ term has begun, said action shall constitute grounds for revocation of the Certificate of Qualification and termination of this Agreement CONTRACTOR, NAMES lith TOW 'olice Department lime of the day or the RESPONSE TIME. A. TOW CONTRACTOR shall, at the request of the CITY or other CITY official requesting tow truck service at any night, arrive at the scene with the appropriate equipment within following time limit depending upon the ve~icle class r~q~ested: 17 D= CLASS A CLASS B CLASS C 30 minutes from request 30 minutes from request 45 minutes from request TOW CONTRACTOR assumes all liability in meeting t~e required class response time including but not limited to, any and all damages resulting from traffic accidents and motor vehicle infraction fines occurring after the response time limit has expired. In the event TOW CONTRACTOR fails to respond in a timely manner, the department of CITY requesting the servme shali~ document the untimeliness, and forward said writing to the Agreement,~,dministrator. The following penalties shall apply should any TOW CONTRACTOR| fait to respond within the c ass response time set forth in Sec'ion 3.1(A) of this Agreement: Within a 12 month period 1. 1st offense 2. 2no offense 3. 3rd offense 4. 4th offense and greater Penalty Certified letter of wami~ One (1) week suspensi One (1) month suspen,, Termination of Agreem and revocation of certifi qualification ig .~nt with CITY ~te of TOW CONTRACTOR may appeal a suspension of two (2) months or more to the City Commission, and if TOW CONTRACTOR can show by substantial and competent evidence that extenuating circumstances beyond TOW CONTRACTOR's control caused the failure to timely respond, the suspension may be lifted by the City Commission. All appeals must be made in writing to the City Manager within thirty (30) days of the action, and shall fully set forth the basis for the appeal. Suspensions shall not be stayed during the any pending a~ppeals. City Manager recommendation for termination of this agreement and revocation of the certificate of qualification under this section requires consideration and action by the City Commission. 11.0 12.0 13.0 SUBCONTRACTING. TOW CONTRACTOR shall not subcontract its services to secure additional wreckers or storage space required under this Agreement. TOW CONTRACTOR must own, lease, or mortgage the vehicles, equipment and storage space required under this Agreement. BENEFITS FROM REPAIRS. A. In the event TOW CONTRACTOR holding a certificate of qualification operates an automobile repair and/or automobile paint and body repair business, TOW CONTRA(~TOR shall provide wdtten notification to the owner or representative of the owner of the vehicle towed under the provisions of this Agreement, that there s no ob ga~:ion to have any automobile, vehicle (~' trailer repairs and/or automobileJ vehicle or trailer paint and body work done by TOW CONTRACTOR. completed on vehicles, automobiles, trucks, and · CO~TR-ACTOR towing a vehicle under the provisions ¢ he wntten: notlficat on to vehm e owner that there s no OW CONTRACTOR undertake any repairs to the included. TOW CO.NTRACTOR shall notify CITY in writing of ally and all repairs tellers by TOW f this Agreement. ~bligation to have vehicle shall be INSURANCE REQUIREMENTS. A. TOW CONTRACTOR's liability insurance policies shall an additional insured. ame the CITY as During the term of this Agreement, TOW CONTRACTOR shall have in effect .ins,urance with those limits specified n this Sectior~. Cop es of sa!d insurance policy or certificate of nsurance must be furnished to CITY s P urchas ng Department and R sk Management Department immediately after approval of Agreement by the City Commission..qITY may request proof of insurance or the name and phone number of insurer at any time dudng the term of the Agreement and TOW CONTRACTOR must respond with sa d proof of i~surance within five (5) day~ of the request. Failure to provide the proof of insurance required in this section or the name and phone number of insurer as requested shall ,sult in automatic suspension of the certificate of qualification and may termination of this Agreement with '~OW CONTRACTOR. TOW CONTRACTOR shall supply CITY with a Certificate the coverages and limits as shown in this Section. cancellation clause in favor of CITY shall be included in t Certificate. be grounds for of Insurance for thirty (30) day ~e Policy and the 19 13.1 TOW CONTRACTOR, at its own cost and expense, shall keep in force at ail times, and shall maintain the following dudng the terms of this Agreement: Comprehensive General Liability Insurance with minimum limits of coverage of One Million ($1,000,000.00) Dolars per incident Combined Single Limit for Bod ly Injury Liabi ity and Property Damage Liability. Automobile Liability Insurance coverage in the mipimum amount of Three Hundred T~ousand ($300,00(~.00) DollarJs per person/per incident and proPerty damage coverage of One Hundred Thousand ($100,000.00) Dollars per incident. CONTRACTOR pursuant to this Agreement, damage to such vehicle or trailer on account of storage. Garage Keeper's Legal Liability Insurance coverage in the minimum amount of SeVenty-five Thousand ($75,000.00) Dollars to protect owners of any and all vehicles and trailers towed or stored by TOW 'om any loss or such removal or TOW CONTRACTOR shall provide CITY with Certificat on all policies of insurance and renewals thereof in a CITY. Each policy shall provide that CITY is an additi~ that the CITY Shall be notified by the insurer in writing at least thirty (30)days prior to the effective date of cancE Each and every insurance policy must be issued by com[ to CITY's Risk Management, and licensed,, qualified and business in the State of Florida. All polirJes must be months in duration. ~(s) of Insurance rm acceptable to )nal insured, and ' any cancellation Ilation. anies acceptable authorized to do at lease six (6) under this Section prior to the issuance of a Certificate TOW CONTRACTOR shall not commence operation u this Agreement, until certification or proof of insurance, dE provisions of coverage, has been received, reviewed, CITY. Each TOW CONTRACTOR shall show proof of the insurance required of Qualification. lder the term of ,tailing terms and md approved by TOW CONTRACTOR agrees to maintain, at its own c~ worker's compensation coverage required by the State. TOW CONTRACTOR'S LIABILITY. A. TOW CONTRACTOR shall be liable for any towed veh contained there~n. st and expense, :le and property 13.2 14.0 14.1 14.2 TOW CONTRACTOR or its employee, representative, or agent shall inventory all personal property contained in each vehicle towed. The Tow companies are relieved of liability for property inside of the vehicle that was not listed on the inventory report completed by the officer on the scene. The inventory shall be made in triplicate and sha be signed by the person composi.ng it. One copy shall be given to the owner or person n possession of the vehicle or shall be securely attached~o the vehicle one copy shall be forwarded to the Boynton Beach Po ce Department, and the final copy shall be retained by TOW CONTRACTOR. NON-LIABILITY OF CITY FOR TOWED VEHICLES. CITY shall not be responsible or liable in any manner whatso ,=vet for either the collection Or payment of any charges for services rendered, in( tuding towing and storage. ACCESSIBILITY OF STORAGE FACILITIES. TOW CONTRACTOR agrees that all storage areas shall be a~ :essible between the hours of 8:00 A.M. and 6:00 P.M., Monday through Friday and 9 A.M. and 12 PM, Saturday; therefore the Gate Fee shall not be'charged dudng the applicable business hours. Authorized personnel of TOW CONTRACTOR shall be available during such times to assure that the obligations and services, including retrieval of stored vehicles by the public, required of TOW CONTRACTOR are available and fulfilled. Accordingly, there shall be no "gate fees" charge~ to the CITY for retrieving or gaining access tO a vehicle in storage. There will be a $40.00 gate fee charged to any individual(s) or other entity retrieving a vehicle from storage. PROTECTION OF VEHICLES AND PROPERTY. A. Vehicles and trailers stored in enclosed areas shall be stored under "lock and key." TOW CONTRACTOR shall protect all stored vehicles, and any evidence or personal property contained therein from theft and damage m accordance with all reasonable police department instructions and directives. TOW CONTRACTOR agrees to replace any such article(s) upon verification of the loss by the designated investigative agency representing the City of Boynton Beach or Palm Beach County. INSPECTION OF FACILITIES. A. Storage facilities shall be subject to inspection and shalI be approved by CITY prior to award Of the Certificate of Qualification anc~ the execution of this Agreement. Storage facilities shall be subject to pedodic inspections during the term of Agreement when deemed necesstary by the City 14.3 Manager's office or the CITY's Police Department. Notice of any deficiencies or violations of this Agreement discovered by CITY with respect to storage facilities shall be submitted to TOW CONTRACTOR in writing, and TOW CONTRACTOR shall remedy the same within ten (10) days of receipt of such notice. The Agreement may be terminated and the Certificate of Qualification revoked, or suspended at the option of the CITY. RELEASES OF VEHICLES AND PERSONAL PROPERTY, A. TOW CONTRAC,T, OR ag,r, ees to release any vehicle o~' ~railer ,,w,h ch has not been marked ~HOLE~. Any vehicle or trailer marked HOLD be relea§ed without the prior wntten consent of the City of BoyntoSnh~lelanc°t~ Police Department. B. All persons applying for release of the vehicle or trailer from TOW _C_O__NiTF~.~CTO..R shal! present adequate proof of ownership or right to pussesslon, upon re~ease, TOW CONTRACTOR shall give a receipt and itemized statement ind caring all charges related to the impound ng of the vehicle Or trailer to the owner or person entitled to possession. C. Rightful owners shall be able to retrieve the r towed vehic e or trailer from TOW CONTR~, CTOR twentY_four (24) hours a day, seven (7) days a week, if~eCldU, ding legal holidays, pr(~vided the appropriate documentation has been Any vehicle or trailer declared to be abandoned, junk or constituting a nuisance may only be released under the authority of the Boynton Beach Police Department. Eo Any customer contacting TOW CONTRACTOR by telephone or otherwise prior to customer's arriva at the storage site shall be advised of the follow ng by TOW CONTRACTOR: 1. each and every document or other item needed to retrieve vehicle; 2. exact charges at the time of contact and any add tonal charges that may accumulate subsequent to contact and before retrieval; 3. acceptable methods of payment; and 4. the hours and days that the storage site is ~)pen for regular business. If all matters are in order, customer shall be returned to osses ' of the P s on towed veh cie or tra er w~thm th rty (30) m nutes of the request. 14.4 14.5 15.0 PERSONAL PROPERTY LOSS. A. CITY shall not be responsible for any loss or damage to vehicles to trailers, to any personal property contained therein, er to any vehicle accessories, regard ess of the cause of such damag~ or loss. TOW CONTRACTOR shall hold CITY harmless as to ar~y claims, suits or actions alleging such loss or damage. Personal property found in vehicles or trailers that have been stored by TOW CONTRACTOR shall not be sold or disposed of in any way to defray any charges for storage or towing. TOW CQNTRACTOR shall be held accountable for all personal property and vehicle accessories nvenzored at the t me the veh cie or tra er s towed, whle the vehce s stored at TOW CONTRACTOR's stora,~ea facility, and wh~e TOW. CONTRACTOR disposes of junk, abandoned and nuisance vehicles, TOW CONTRACTOR ~hali make restitution to owner for all such losses occurring by theft, fire, or other damac~e. DESTINATION OF TOWED VEHICLE. TOW CONTRA~CTOR shall not move any vehicle or traile (specified at time of tow) other than that des gnated by a ClT~ other authorized CITY representatve, or owner or person vehicle. ALL CITY :owned or leased vehicles towed from a Io( Beach County s~all be towed, as req~4ested to CITY property. vehicle towed from within :the cty i mt~ shall be towed to a sto the city limits of Boynton Beach, Florida, and shall remain at t least seven (7) days. to any location Police Officer or n possession of ation within Palm Each and every · age facility within at location for at RADIO COMMUNICATION. A. All towing vehicles and wreckers must be equipped with two-way radio or telephon? communication. The range of the communication system shall, at a minimum, extend throughout the Boynton Beach city limits. ccordlna y, the base station for the above equipment must be strona and powerful enough to prov de c~ty-w~de coverage. A ctizens band rad o is insufficient to meet this requirement. Any radio communication shall, at no time, be tuned into any police frequencies. C. Guidelines of the Federal Communication Commission (FCC) shall prevail. TOW CONTRACTOR shall, at all times, have a competent employee(s) manning the communication system. 16.0 TOW CONTRACTOR shall provide a 24-hour emergency telephone number to be answered by a TOW CONTRACTOR employee designated to respond to emergency calls for service. This service is in add tion to the cOmmunication system required in subsections 4.5(~)-(D) above, and is necessary so that TOW CONTRACTOR can provide ~irnely and efficient service 24 hours a day, seven days a week. REPORTS AND RECORD KEEPING. A. TOW CONTRACTOR shall make available upon request to the C TY's Police Department, weekly reports of vehicles and tra lets towed at the request o~ the Poi ce Departr~ent. The wrtten report~ w l be designed and Supplied by C TY and the following information shall be provided thereon: 1, 2. 3. 4. 5. 6. 7. Name and owner of ddver; model and make of vehicle or trailer; license plate number;, vehicle identification number; time, date and location of tow; circu mstances requiring tow; whether or not a "HOLD" was placed on the vehicle by the Police Department; 8. time disp~;tc.h, ed to scene and time of arrival; 9. storage facility Where vehicle is stored; and 10. the date, time.and name of employee releasing the vehicle., TOW CONTRACTOR shall make available upon request by the CITY s Police Department, a complete and detailed st ng o1~ all vehicles and trailers wl~ich have been mpounded or stored for peripds of thirty (30) days or more. Form to be I~rovided by the C TY. Any vehicle or trailer that has not been claimed forla period of thirty (30) days from the tow ng of the vehicle, shall be reporte~l i~ writing to the Police Department. Services related to CITY owned or leased vehicles or trailers shall be logged and forwarded: by TOW CONTRACTOR on a mdnthly basis to the CITY Public Works Director. All such logs shall identify the vehicle or trailer towed, the location from which it was towed and the hours and dates apl~licable to TOW CONTRACTOR's services with respect to those vehicles or trailers. The "service ticket" shall include the signature of the authorized CITY employee approving tow ng of the CITY vehicle or trailer. TOW CONTRACTOR shall provide such information, u~ form is provided to it by CITY, which then must be co CONTRACTOR. TOW CONTRACTOR shall maintain at its place of containing the following inforrnation: 24 til such time as a ~pleted by TOW )usiness records a vehicle storage receipt of each vehicle on the premises; a monthly log of all calls for service by the Police Department; a notification log indicating the date, time and method of notification to the registered owner of the stored vehicle or tr~Jiler; and A daily log setting forth a list of all vehicles towed, as we as information on each vehicle as required by Section 5.0(A) of this Agreement. INSPECTIONS. 1. TOW CONTRACTOR shall maintain and have ava. liable at a times for inspection by authorized CITY personnel, detailed records of all services relativ~ to this Agreement. 2. TOW CONTRACTOR shall make available fOr inspection by authorized CITY personnel the compounds and storage facilities required herein. 3. In order to facilitate inspection and audits by authorized CITY personnel, records maintained by TOW CONT?~,.CTOR relative to services provided under this Agreement shall be kept separate and apart from other company records. RECORDS RETENTION AND RIGHT TO ACCESS. TOW CONTRACTOR shall preserve and make available for inspection and/or removal for ~.e purpose of copying, all financial records re ated to performance and .bdling under the te~ms of this Agreerdent upon five (5) days prior notice. All records shall be maintained for a period of three (3) years after termination of this Agreement. If an audit has been initiated within that three (3) year period, but findings from the auUit have not been resolved, the records shall be retained and maintained until resolution of audit findings. For monitoring purposes, TOW CONTRACTOR shall ~submit to CITY's Tow Agreement Monitor, upon request, a log sheet detailing each tow made by TOW CONTRACTOR during that month, as well as the amount charged and service given for each tow. A copy of the~ invoice for each tow should accompany the monthly report. Failure to comply with the provisions and requirements of Section 5.0 of this Agreement shall result in suspension from the wre?ker rotation until such time as TOW CONTRACTOR corrects such noncompliance. Should TOW CONTRACTOR fail to comply with any of the provisions of this section may, in the discretion of the (~ity Manager, warrant recommending to the City Commission termination of the Certificate of Qualification and Agreement with TOW CONTRACTOR. 25 17.0 18.0 19.0 CODE ENFORCEMENT CASES, A. When vehicles or trailers are towed from public property, including right-of- ~,ays, after the appropriate notification, TOW CONTRACTOR has the priori of destroyir~g the veh c e or keeping it safe for sale pursuant to Sections 713.78 and 715.05, Florida Statutes. TOW CONTRACTOR must proceed in accordance withthe provisions set forth in Sections 713.78 and 713.05, Flodda Statutes. Any breach thereof shall constitute a breach of this Agreement. When vehicles or trailers are towed from pdvate prop( the appropriate notification, TOW CONTRACTOR mus or trailer for a minimum period of thirty-five (35) days TOW CONTRACTOR has the option todestroy or sell ff pursuant to Section 713.78, FlOrida Statutes. NON-EXCLUSIVITY OF SERVICES. A. The owner or person in possess on of the vehicle or tra rty after receiving store the vehicle after which time e vehicle or trailer .~r which has been involved in an accident or which has been incapacitated in any other manner shall be given the opportunity to contact ~ company of his/her cho ce, as long as the disabled vehi, a hazardous condition and a reasonable response time Said person shall also be given the opportunity to h~ trailer towed to a garage, or compound of his/her choice. CITY shall not be liable for any charges for moving, towi any vehicle or trailer; nor shall CITY be liable for ,a_n~ vehicle or trailer resulting from TOW CONTRACTOR s a wrecker or tow le does not create can be expected. ve the vehicle or lg, and storage of damages to any :ts or omissions. All vehicles and trailers tow? under the request of the CITY, including but not limited to the City s Police Department, C(~de Enforcement Department, Public Works Department, Fire Depa~ment, shall be governed by this section. INDEMNIFICATION AND HOLD HARMLESS CLAUSE. TOW CONTRACTOR shall defend, indemnify and save CITY, its agents, employees, and police department harmless from and against any and all claims, suits, actions, damages or causes of action whatsoever arising ~uring the term of this Agreement, caused by any act or omission of TOW CONTRACTOR involving bodily injury, loss of life or d~mage to property, susta ned as a result of TOW CONTRACTOR's duties; and from all costs, attorney's fees, expenses, liabilities, causes of action, investigations, and any administrative or ,egal proceedings brought therefrom; and from and against all orders, judgments or decrees which may be entered therein. 20.0 21.0 22,0 23.0 24.0 TOW CONTRACTOR shall further defend CITY, its agents, employees and sPOlice department in any action brougl3t as a result of the terns set forth in this ection, and related to performance of this contract by TOW CONTRACTOR. In the event any litigation or other legal proceedings shall arise from this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and all costs and expenses ~ncurred therein NON-DISCRIMINATION TOW CONTRACTOR hereby agrees and acknowledges that in the performance of this Agreement, it will not discriminate, or to erete or permit discr mination on the basi~ of rac~, religion, gender, age, handicap, marita status, political affiliation, national origin, or otherwise with respect to its hirsh( practices and ~n the performance of the terms of this Agreement. POSTING AND, PROVIDING CHARGES OF SERVICES. 1. TOW CONTRACTOR shall prominently post in a con~ cuous location at its storage facilities and on its tow vehicles and wreckers a list of charges, as Set f(~rth herein. A list of such charges shall a so bE printed and such chargesshall be provided to theowner or person lawfull ' in possession of eacli vehicle and traiier towed by TOW CONTRACTOR. 2. TOW CONTRACTOR shall not charge for any service ti lat exceeds such posted or listed amount, nor shall TOW CONTRAC'[OR perform any service that is not deliniated on such posted or listed schedule without giving the owner or person lawfully in possession a writtE ,n estimate of the amount that will be due and payable upon completion o; the unposted or unlisted service. COMPLIANCE WITH LAWS. This Agreement shall be governed by all federal, state, and local laws, regulations~ ordinances, and codes, as amended from time to time, and as set forth by any other regulatory agency, including but not limite, to, any and all municipal codes, ordinances, or regulations which may govern ITY as a Florida municpal corporation. NON-ASSlGNABIETY. The Certificate of Qualification shall not be assigned, sold or insferred in any manner whatsoever. DISPOSAL OF VEHICLES. Should TOW CONTRACTOR as a result of this Agreement, have n its possession any Vehicle, trailer, or personal property fro~ thereln for a period in excess of ninety (90) days, and be ordered to relinquish such ~/ehicle, tra er or personal proper;t~ to the (~ity of Boynton Beach Police Department, 27 25.0 26.0 27.0 TOW CONTRACTOR agrees to do so with no additional charges to CITY, other than that specified in this Agreement. MODIFICATION OF THIS AGREEMENT. No waiver or modification of this Agreement or any covenant, condition, provision, or limitation contained therein shall be valid absent the execution and approval of a written addendum executed by both parties. No evidence of any waiver or modification shall be offered or received into evidence in any proceeding, arbitration or litigation between the parties to this Agreement, unless such waiver or modification is duly executed as set forth in this Section. ETHICS AND CONDUCT. TOW CONTRACTOR hereby agrees to conduct opera~ions under this Agreement in a courteous orderly, ethical and businessiike F~anner. As it is re~ogn zed by both parties that this Agreement is sensitive in nature and requires TOW CONTRACTOR and its personne and emp oyees to work with the pub ic on a daily basis~ TOW CONTRACTOR is required to extend common courtesies, including but not limited to: Expedite release of vehicle in accordance with the terms of this Agreement; Assist the vehicle or trailer owner in retrieving documents from the vehicle or trailer to establish ownership; Permit the owner to remove the auto tag and any unattached personal possessions; Explain fully and politely the reason for the tow and all charges levied; and If a dispute occurs, TOW CONTRACTOR shall attempt to resolve the dispute promptly and politely. If it cannot be ,resolved__ satisfactorily, the dispute shall be reported to the City Managers Office no later than the next business day. WRECKER ROTATION LIST PROCEDURE. A. Purpose. The purpose of the wrecker rotation is t(~ have in place a procedure for wrecker call-out on a per incident basis (except Code Enforcement). An index card system is utilized and maintained by the CITY's Communication Division. Procedure. 1. Card System. a. Index cards will be arranged in a four-card file system, as follows: i. Class "A" and "B" Wrecker Companies; ii. Class "C" Wrecker Companies; and iii. Code Enforcement Wrecker Cor~panies (all Class "A"FB" TOW CONTRACTORS required to participate). 28 ~v. City Vehicles TOW CONTRACTORS will be filed in alphabetical order, according to corporate name. A TOW CONTRACTOR will be called in rotation order from the card file on a per incident basis. Wrecker Response. a. If TOW CONTRACTOR is unable to respond to a call for service, TOW CONTRACTOR will be moved to the end of the list, thereby forfeiting that rotation. b. The CITY official, agent or employee requesting the wrecker or tow shall det( wrecker remains on the top of the rotation cancellation or other circumstances where used. Said CITY official shall notify the Division upon cancellation of the tow and will retain their position on the rotation list. c. The next tow company in the rotation will b event TOW CONTRACTOR cannot be CITY's Communications Division or TOV has failed to respond within a reaso~ hazardous scene. The City official, agent determine, based on his sole discreti response :time was excessive. d. During the midnight shift, the CITY will re daily basis, and will gather any report,, incidents that were brought to the attenti¢ supervisor, who shall forward the sa Agreement Monitorwithin the CITY's Polic, on the scene rmine whether a ist in the event of lhe wrecker is not Communications the tow company ~ contacted in the reached by the ! CONTRACTOR ~able time to a 3r employee shall 3n, whether the concile logs on a of problems or n of the dispatch ~e to the Tow Department. Rotation Tracking. a. A manual log will be used by CITY to track all vehicle or trailer tows to include rotation wreckers. b. The log shall .contain the date and time of the tow, the tow company, the CITY officer, agent or em[pioyee, dispatch, case number, remarks, and a computer check. c. Specific requests from the vehicle or traileI' owner or person lawfully in possession will not be cha~'ged against the rotation schedule. The request shall be logged as such by CITY in the manual log. If an owner's request cannot be honored for any reason whatsoever, a rolation wrecker will be contacted and so charged on the rotatioh schedule. Knowledge of Position on Rotation List. a. TOW CONTRACTOR is responsible for knowing its position on the wrecker rotation list. CITY will not provide this information over the telephone. b. The rotation list is public record pursuanI to Chapter 11g, Florida Statutes, and is available for ~nspection, by appointment, during regular business hours. 28.0 CODE ENFD RCEMENT TOWING PROCEDURE. A. Purpose. Standard operating procedure is to b~ utilized for the removal of vehicles or trailers deemed to be abandone¢, unregistered or wrecked as described in Section 10-52, City of Boyntqn Beach Code of Ordinances. The toWing of these vehicles are to be at no charge to the Procedure. 1. Tow List. a. Tow lists can be picked up at the front desk of the the CITY's Police Department on the 1st, 10th, and 20th day of each month. All tow lists must be returned to the front desk no later than midnight of the last day of the month. b. Results of the status of each vehicle or trailer will be noted on the list (i.e. towed, gone-on-arrival, or currently licensed). c. Those vehicles or trailers whose status ils not vedfied will automatically roll-over to the next month's tow list. d. Each TOW CONTRACTOR represented in the rotation system shall supply the name of and accessible contact person and that person's phone number to the Police Department employee responsible for the tow list. Rotation. a. Wrecker companies shall rotate Code EnfOrcement tows on a monthly bas~s. b. TOW CONTRACTOR is required to notify CITY's Code Enforcement Department and the employee responsible for the tow list, at least ten (10) days in advanbe of its month do undertake Code Enforcement tows, if said TOW CONTRACTOR is unable to perform such tows as requested by CITY. In the event TOW CONTRACTOR is unable to perform, it shall be moved to the end of the Code Enforcement Rotation, and may be subject to penalties as provided in this Agreement. 3O 29.0 29.1 29.2 TOW CONTRACTOR's failure to perform Code Enforcement tows for more than two (2) months durin!l any twelve (12) month period may result in suspension fron i ALL tow lists for a period of time as determined under the Cie discretion of the CITY's City Manager. C. CITY hereby reserves the right to modify the rota ~n schedule or procedure for Code Enforcement tows under this sectionof the Agreement in an effort to improve upon the procedure to place Code enforcement tows in the regular rotation or otherwise. TERM OF AGREEMENT. This Agreement shall take effect as of the date the Agreement is ratified by Resolution of the City of Boynton Beach City Commission, and shall have a term of two (2) years from that date. This Agreement shall be auto; natically renewed for one (1) additional year, unless either party provides written ~otice via certified mail to the other party within thirty (30) days of the end of the yearly term, that the Agreement shall be terminated at the end of the term. INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relatiol ~ship between the parties. It is the intent of the parties that TOW CO,N, TRACTOR is an independent contractor under this Agreement and not the CITY s employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimur~ wage and overtime payments, Federal Insurance Contribution Act, the Social Securi~ Act the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. TOW CONTRACTOR shall retain sole and absolute discretion in !he judgment of the manner and meal is of carrying out TOW CONTRAC~TORs activities and responsibilities he'eunder. TOW cCONTRACTOR agrees that it is a separate and independent enterprise from the l'FY;.that it has full opportunity to find. other business; that it ~as made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed.as creating any joint employment relationship between the TOW CONTRACTOR ~ ~nd the CITY and the CI~Y wilt not be liable for any obligation ncurred by TO~ ~ CONTRACTOR, including butnot limited to unpaid minimum wages and/or oved me premiums. NOTICE. Whenever any party desires to give notice unto any other pa~ ', it must be given by written notice, sent by certified United States mail, w th return receipt requested, addressed to the party for whom it is intended a~nd the remaining patty, atthe places last specified, and the places for giving of qotice shall remain such until they shall have been changed b~, written notice in cOmpliance with the provisions of this section. 31 For the present, the TOW CONTRACTOR and the CITY designate the following as the respective places for giving of notice: City Manager City of Boynton Beach P.O. Box 310 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 TOW CONTRACTOR: ZUCCALA'S WRECKER SERVICE, INC. 633 E. INDUSTRIAL AVE. BOYNTON BEACH, FL 33426 29.3 BINDING AUTHORITY. Each person signing this Agreement on behalf of either par~/ individually warrants that he or she has full legal power to execute this Ag~eement 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. 29.4 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 ~emainder 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, a~nd be enforced to the fullest extent permitted by law. 29.5 GOVERNING LAW. The terms and conditions of this Agreement shall be governed by and interpreted under the laws of the State of Florida. Venue for the purposes of any litigation arising out of this agreement shall be in Palm Beach County, Fiodda. 29.6 EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between CITY and TOW CONTRACTOR and supersedes all pdor negotiations, representations or agreements, either written or oral. 3:2 IN WITNESS WItEREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has ~xecuted these presence the day and year herein before written. Signed, sealed and wimessed in the presence of: Slued, sea[~6~d~ ~ssed ~ ~e presence of: CITY OF/.~OYNTON BEACH. FLORIDA ~layor Approved as to Form: /~. City Attorney CONTRACTOR President or Vice President Attest as to CONTRACTOR State of Florida County of Palm Beach ) ) SS: ) On this day of , 20 , personally appeared before me, duly authorized to admiaister oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instmmem and has acknowledged before me that they have executed same. My Commission Expires: Notary Public 33 CERTIFICATE OF OUALIFICATION The City of Boynton Beach, hereby issues this Certificate of Qualification to the following company, and hereby certifies that the company named in this certificate is qualified to perform towing services pursuant to the Towing Service Contract approved by the Boynton Beach City Commission pursuant to the adoption of Resolution 01-25_.___fi6. COMPANY NAME: ADDRESS: PHONE NUMBER: CONTACT PERSON: ZUCCALA'S WRECKER SERVICE, INC. 633 E. Industrial Avenue Boynton Beach, Florida 33426 (561) 737-1212 Lawrence A. Zuccala ATTEST: City Manager KURT BRESSNER CITY MANAGER BGYNTON BEACH, FL and AGREEMENT THIS IS AN AGREEMENT, dated the 20th day of September 2001, between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", ZUCCALA'S WRECKER SERVICE, INC. hereinafter referred to as "TOW CONTRACTOR". WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set.forth, CITY and TOW CONTRACTOR agree as follows: SPECIAL TERMS AND CONDITIONS 1.0 RATES. The rates herein have previously been established and approved by the Boynton Beach City Commission and will remain firm and fixed for the term of this Agreement. The rates charges by TOW CONTRACTOR to provide all labor, tools, materials, and equipment shall not be greater than the applicable maximum rates as provided by this Agreement. 1.1 APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY CITY These rates are the only rates that will be charged vehicle owners under this Agreement: TOWING BY ITEM DESCRIPTION (1) Class A (cars, vans, light trucks under 10,000 GVW) within City limits; $90.00 per call (2) Motorcycles within the City limits; $90.00 per call (3) Towing outside the City limits for cars, vans, motorcycles, and light trucks 3/4 and less; an additional $3.00 per towed mile from the City limits (4) (5) (6) (7) (8) (9) Class B (vehicles 10,000 to 30,000 GVVV) within the City limits; Towing outside the City limits for Class B vehicles; Class C vehicles (over 30,000 GVW) within City limits; Class C vehicles outside City limits; Additional time at the scene after first hour, per 1/2 hour thereafter (applied to all vehicles, cars, vans, and trucks under and over 3/4 ton, for waiting and extra street clean-up. This provision shall not apply in conjunction with vehicle recovery under Section 1.2(C). Miscellaneous other charges 4 X 4/off-road vehicle recovery Tarp fee Lowboy service Outside the City limits $175.00 per call an additional $4.00 per towed mile from the City limits $200.00 per call an additional $8.00 per towed mile from the City limits $40.00 per half hour $95.00 for the first hour, and $30.00 per half hour thereafter $35.00 per call $175.00 per hour an additional $6.00 per towed mile from City limits Underwater recovery salvage divers $125.00 for first half hour or part thereof, and $31.00 for each additional 1/4 hour or part thereof. (10) For purposes of this Agreement, when CONTRACTOR is entitled to additional charges based on time spent at the scene, unless otherwise specified, CONTRACTOR shall apportion the charge set forth herein to be consistent with the actual time spent on the scene. B= STORAGE AND LIEN NOTICE (1) Cars, vans, trucks under 3/4 ton Outside storage Inside storage (2) Trucks and vehicles over 3/4 ton Outside storage Inside storage (3) Motorcycles Outside storage Inside storage (4) Boat and trailer (21 feet and under) Outside storage Inside storage (5) Boat and_trailer (over 21 feet) (6) Lien notice (after 24 hours of storage) $25.00 per day $30.00 per day $35.00 per day $40.00 per day $15.00 per day $20.00 per day $17.00 per day $22.00 per day $30.00 per day $40.00 per vehicle Per Florida Statutes, no storage fee shall be charged to the vehicle owner for a vehicle stored less than six (6) hours. "Per day" shall be defined as a twenty-four (24) hour period or any part thereof. C= VEHICLE RECOVERY The following vehicle recovery fees may be charged to the vehicle owner when the vehicle is overturned, embedded in sand, mud, or water, or requires more than a single hook-up: Class A and B wrecker on the scene; $90.00 per hour and $30.00 per each half hour after the first hour (2) Extra man (each) on the scene $35.00 per hour ROAD SERVICE For all trucks, cars, vans and other vehicles under and over 3/4 ton, a road service fee of $40.00 per call may be charged to the vehicle owner for services such as assisted start, unlocking a door, delivering gas, tire changes, etc. 1.2 APPROVED TOWING RATES - CITY OWNED OR CITY LEASED VEHICLES A. All CITY owned or CITY leased vehicles under the 3/4 ton Class "A" wrecker will be towed at forty (40%) percent the Class "A" rate, as indicated in Section 1.11 of this Agreement. All CITY owned or CITY leased vehicles under 3/4 ton requiring road service as indicated in Section 1.11 of this Agreement will receive such services at forty (40%) percent of the road service rate. All vehicles towed at the request of the Boynton Beach Police department as a crime scene vehicle, confiscated vehicle, forfeited vehicle, or in any other way related to police business will be towed at forty (40%) percent of the contract rate and will be stored for forty (40%) percent of the contract storage rate as stated in Section 1.1 ;I of this Agreement. All CITY owned or CITY leased vehicles towed under Class "B" or Class "C" will be towed at forty (40%) percent of the appropriate Class "B" or "C" rate as set forth in Section 1.11 of this Agreement. Fo All vehicles towed at the request of Code Enforcement, or any other department of CITY in connection to City business, shall be towed at forty (40%) percent of the contract rate and will be stored at forty (40%) percent of the contract rate, as set forth in Section 1.1 of this Agreement. City shall not be assessed any waiting time charges, whatsoever. 4 1.3 2.0 Companies will not lose position on rotation when called for tow of City owned vehicle. SPECIAL AND ADDITIONAL CHARGES A. WAITING TIME. The cost for waiting time shall not be assessed by TOW CONTRACTOR until forty-five (45) minutes after arrival at the scene. LABOR CHARGES. The cost for labor under any circumstances and when applicable shall not be assessed by TOW CONTRACTOR until forty-five (45) minutes have expired after arrival at the scene. Labor charge must be clearly shown on the tow receipt with a written explanation of the labor charge. LABOR CHARGES PROHIBITED. The cost for labor shall not be assessed to CITY or Customer under any circumstances for the clean-up and removal of vehicle parts and debris, regardless of the labor and time necessary to complete clean-up and removal. Labor to the general public will be reviewed within six (6) months of the effective date of this contract. SERVICE CALL. TOW CONTRACTOR agrees that the mere response to a service call scene without other action does not constitute a service for which charges may be assessed to the vehicle owner. DOCUMENTATION OF SPECIAL AND ADDITIONAL CHARGES. TOW CONTRACTOR will document in detail on the tow receipt the reason(s) for waiting time charges and the work performed for assessed labor charges. TOW CONTRACTOR agrees that the special or additional charges may be disputed by CITY officials and/or the vehicle owner or representative. TOW CONTRACTOR further agrees that the City Manager or his/her designee will make the final determination on the assessment of a disputed special and additional charge, and that TOW CONTRACTOR shall abide by the decision of the City Manager or his/her designee. CONSIDERATION FOR AWARD AND AWARD PROCEDURES A. A certificate of qualification shall be granted to the best responsible applicants meeting the specifications set forth herein, which serve the best interests of the CITY based upon the following criteria: the ability of the applicant to provide the required services with regard to the extent and condition of equipment and facilities, record keeping procedures, competency of staff, financial support, and exceptions taken to contract terms, conditions and specifications; experience, qualifications, training and past performance of each proposed towing company's owners and officers, and persons directly involved in managing the service on a regular basis; substantiated complaints received by CITY or Palm Beach County Consumer Affairs concerning misconduct on the part of the proposed towing company, such as excessive charges, poor business practices, damage to vehicles, extensive involvement in litigation will be considered and shall weigh heavily against each applicant. Evaluation of applications will be conducted by a committee of City staff who shall evaluate all responsive applications received from applicants meeting or exceeding the contract specifications based upon the information and references contained in the applications. The committee shall also consider the inspection of the applicant's facilities, equipment, record keeping, and employees. The committee will then make recommendations to the City Manager in the form of a list of proposed tow company applicants. The City Manager shall then turn over his/her recommendation to the City Commission. The City Commission reserves the right, based upon its deliberations and its opinion, to award a certificate of qualifications. 2.1 ELIGIBILITY. A. To be eligible to respond to this RFQ, TOW CONTRACTOR shall be regularly engaged in the towing business on a full-time basis in Palm Beach County and the City of Boynton Beach, and shall be able to produce evidence or prior experience in providing similar services continuously for the past two (2) years (one year of which must have been within Palm Beach County, Florida). TOW CONTRACTOR shall have satisfactory financial support, required equipment and organization sufficient to ensure that TOW CONTRACTOR can satisfactorily execute the services, if granted a contract, under the terms and conditions stated herein. In the event litigation arises out of the CITY's failure to select a particular applicant, damages, if any, shall be limited to actual preparation costs incurred by the challenging party. Do The terms "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well established company as determined, approved or ratified by the Boynton Beach City Commission. TOW CONTRACTOR shall have an office and storage facility within the city limits of the City of Boynton Beach at the time the proposal is submitted for CITY's review. The storage facility shall be in full compliance with the terms of this Agreement, and shall be maintained as such at all times during the duration of this Agreement. TOW CONTRACTOR agrees that it will, at its sole cost and expense, if selected, fulfill and comply with all laws, ordinances, codes, regulations and requirements of the City of Boynton Beach, Palm Beach County, the State of Florida, the United States of America, and any and all governmental agencies having jurisdiction over the providing of services as contemplated in this Agreement. TOW CONTRACTOR must maintain at all times, any licenses or permits required by the State of Florida, Palm Beach County and the City of Boynton Beach in order to conduct business as a wrecker or tow service. Proof of said license shall be submitted pdor to the approval of this Agreement. G. TOW CONTRACTOR shall be licensed to do business in the City of Boynton Beach pursuant to Chapter 13 of the Boynton Beach Code of Ordinances. At all times during the term of this Agreement, TOW CONTRACTOR, its subsidiaries, agents, employees or representatives shall only appear on the rotation list once. Under no circumstances shall a Tow Contractor who has a business, financial or legal relationship with another Tow Contractor be permitted to have more than one place on the rotation list. If and whenever a tow contractor obtains Class "C" certification(s), that Contractor will be included in the Class "C" Rotational Basis. In order to be placed on the Class "C" Rotational Basis, the Towing contractor must submit proof of their certification to the City of Boynton Beach and follow all procedures that are currently in place for Class "C" tow contractors as stated in the Towing Agreement. 2.2 APPLICATION REQUIREMENTS. All applications shall be submitted as specified on the application pages. Any attachments must be clearly identified. To be considered, the application must respond to all parts of the RFP. Any other information thought to be relevant, but not applicable to the enumerated categories, should be provided as an appendix to the proposal. If publications are supplied by an applicant to respond to a requirement, the response should include a reference to the document number and page number. This will provide a quick reference for the evaluators of the application. Applications failing to provide this reference will be considered to have no reference material included in the additional documents. ALL SUBMITTED MATERIALS BY PROPOSED TOW CONTRACTORS MUST BE TYPED. NO HANDWRITTEN MATERIALS WILL BE ACCEPTED. ANY HANDWRITTEN APPLICATIONS THAT ARE RECEIVED WILL BE AUTOMA TICALL Y DISQUALIFIED AND WILL NOT BE CONSIDERED. 2.3 GENERAL SPECIFICATIONS. A. TOW CONTRACTOR shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services rendered relative to the subject Agreement. TOW CONTRACTOR shall furnish towing service for the removal of vehicles within the City of Boynton Beach when required and when dispatched or required by the City of Boynton Beach Police Department (or other CITY authorized representative in the case of city-owned or city leased vehicles). Such services shall be made available on a twenty-four (24) hour basis. CITY shall be given preference only for calls by the Police Department. TOW CONTRACTOR shall maintain adequate storage space within the City for said vehicles when towed. Said storage facilities shall meet the minimum requirements set forth in this Agreement. At an accident scene, TOW CONTRACTOR shall remove from the street and surrounding area all broken glass and other debris resulting from the accident. CITY shall have the dght to cancel a request for tow company service up until the time that a wrecker is hooked onto a vehicle and ready for transport to the storage facility. However, if the tow is cancelled, the tow company will retain their position in the rotation. 2.4 SPECIFICATIONS FOR WRECKERS. The CITY agrees to maintain three (3) wrecker rotation lists, as follows: 1. Class "A"/"B" List; 2. Class "C" List; and 3. Code Enforcement List (mandatory for all Class "A"/"B" tow contractors). Ao TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to two (2) CLASS "A" TOWING/RECOVERY VEHICLES with the following specifications: Small wreckers with a minimum four (4) ton capacity, with a minimum GVW rating of 10,000 pounds and equipped with a cradle, or tow plat, or sling, and safety chains. 8 Do Eo Co 2. Boom capacity greater than or equal to four (4) tons. 3. Power winch with a pulling capacity of at least four (4) tons. o At least One hundred (100) feet of 3/8-inch thick (or greater) cable with an end hook. One of the required Class "A" wreckers must be a flatbed truck roll- back or slide-back, with a minimum four (4) ton capacity, a GVW rating of at least 10,000 pounds, with at least (4) ton winch pulling capacity, a fiat bed seventeen to twenty (17-20) feet in length, and at least fifty (50) feet of 3/8 inch cable. TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS "B" TOWING/RECOVERY VEHICLE, which shall be flatbed or slide-back, that is mounted on a 23,000 pound GVWR chassis and equipped with a four (4) ton winch. Should TOW CONTRACTOR desire to be placed on the Class "C" wrecker rotation list, TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS "C" TOWING/RECOVERY VEHICLE with the following specifications: Large wrecker with at least twenty-five (25) ton capacity, a GVW rating of at least 25,000 pounds, a cradle or tow plat or sling, and safety chains or wheel lift capability. 2. An extendible boom with a capacity of at least fifteen (15) tons; A twin power winch with a pulling capacity of at least twenty-five (25) tons. 4. At least two hundred (200) feet of 5/8 inch thick cable. 5. Air brakes with an auxiliary air supply. Class "C" TOW CONTRACTORS must have the ability to tow an aerial fire truck that is approximately 64,000 pounds GVVV, any sanitation truck, and a Track Excavator that is approximately 30 tons. TOW CONTRACTOR shall own, lease, or mortgage and have immediate access to at least one (1) motorcycle trailer. Fo EACH AND EVERY tow truck or recovery vehicle must be outfitted with the following supplies and equipment: Operating clearance and marker lights, as well as any other equipment required by Florida Statutes, or any other laws or codes governing tow and recovery vehicles; There shall be a rotor beam or strobe light, that is amber in color and mounted on the wrecker in such a manner that it can be seen from the front, rear and sides of the vehicle; 3. One (1) heavy-duty push broom; 4. A flood light on the hoist; 5. One (1) flat-nose shovel; 6. One (1) ax; 7. One (1) crowbar; o At least one (1), five (5) pound Carbon dioxide fire extinguisher with a current inspection tag. The fire extinguisher must be an approved type; 9. One (1) pair of bolt cutters; 10. One (1) set of jumper cables; 11. One (1) four-wait lug wrench; 12. One (1) high-intensity flashlight; 13. One (1) set of red highway reflectors; 14. Five (5) thirty minute flares; 15. Each wrecker and tow vehicle shall contain a telephone or radio communications system to enable continuous direct contact between the driver and the office of TOW CONTRACTOR; and 16. Each vehicle shall be specifically designed, constructed and equipped for the towing of vehicles, and shall at all times, be properly maintained in a mechanically safe condition. ]0 3.0 To be awarded and to maintain a certificate of qualification, a Class "A"/"B" TOW CONTRACTOR shall have in operational condition at the time the certificate of qualification is awarded and for the duration of this agreement at least two (2) Class "A" wreckers, and one (1) Class "B" wrecker. Ho TOW CONTRACTOR shall have available at all times, sufficient equipment to perform all services required herein on a timely and responsible basis. TOW CONTRACTOR shall notify CITY in the event any of the required equipment, as set forth in this Agreement, is inoperable, sold, levied upon, repossessed or attached. STANDARDS OF CONDUCT FOR TOW CONTRACTORS. A. TOW CONTRACTOR shall comply with all laws, rules and regulations of any governmental agency having jurisdiction in the premises, including but not limited to, licensing and minimum safety requirements. Bo C° Do TOW CONTRACTOR shall be the holder of a general towing and wrecker service license issued by Palm Beach county and shall be the holder or any licenses required by Florida law and the City of Boynton Beach. Each wrecker shall be manned by a driver who must meet the following qualifications: Possesses a valid State of Florida required Commercial Drivers License (CDL); Possess knowledge of the layout of streets and roadways within the City of Boynton Beach; and Be physically qualified to perform the normal and everyday tasks required of a tow truck operator. TOW CONTRACTOR shall ensure that each ddver operates the company's equipment in a safe and proper manner in accordance with operating manuals and Flodda Statutes. Upon receipt of a complaint from the City of Boynton Beach Police Department on a driver's unsafe, unlawful or improper operation, documented corrective action must be taken by TOW CONTRACTOR. ]! 4.0 STORAGE FACILITIES. TOW CONTRACTOR shall maintain a storage facility for all impounded vehicles. There shall be an outside, enclosed area and an inside storage area. All facilities shall be located within the city limits and be owned or leased by TOW CONTRACTOR. TOW CONTRACTOR's storage facilities cannot be relocated without written consent from CITY. Should TOW CONTRACTOR relocate without obtaining said consent, the relocation shall constitute a breach of this Tow Agreement. OFFICE FACILITIES. It shall be the duty of TOW CONTRACTOR to maintain office facilities: a. to include telephone and restroom facilities, and a work area containing, for example, a desk, phone, facsimile machine, computer, etc.; with a physical plant having the name of the company and the mailing address and 24-hour phone number cleady painted; that are accessible to CITY officials at anytime, 24 hours a day, 7 days a week; and that maintains a radio communication system at all times, 24 hours per day, 7 days a week. TOW CONTRACTOR shall not utilize any phone answering services(s), as said services are strictly prohibited under the terms of this Agreement, and use of such services shall constitute a breach thereof. OUTSIDE STORAGE a. Outside storage shall be kept and maintained to provide for the removal of junk, tires, and auto parts; the regular trimming of all shrubbery, bushes, trees and grass areas (along fence line and on property); and adequate drainage to prevent standing water. Outside storage areas must be protected by an enclosed solid wall or a substantial wire fence not less than six (6) feet in height. The top of such a fence or wall, including all gates, doors, or roofed open areas shall be equipped with not less than twelve (12) inches of barbed wire installed in such a manner as to discourage access over the top of such a fence or wall. All fences and walls shall be maintained in good repair throughout the term of this Agreement. Any damage to such walls or fences shall be repaired within twenty-four (24) hours of its occurrence. The area must have a vehicle storage capacity of at least twenty- five (25) vehicles. This storage will predominantly be utilized for accident tows, designated "HOLD," confiscated, and evidence vehicles. A secondary storage area may be located within a ten (10) mile radius of the City of Boynton Beach, and may be utilized for Code Enforcement-related tows. INSIDE STORAGE. TOW CONTRACTOR shall be capable of storing up to three (3) vehicles in inside storage, and shall maintain at least one (1) inside storage space that shall meet the following specifications: a working area of 9' X 20' per vehicle with at least an eight (8') foot high ceiling; a paved floor (i.e. concrete, asphalt) that is free from dirt, standing water and vegetation; an electrical lighting source sufficient to permit processing of a vehicle; and d. one (1) outside window or a ventilation system. CRIME SCENE, CONFISCATED, SPECIAL "HOLD" STORAGE a. Any vehicle towed or stored as a result of the marked "HOLD" relative to a crime scene investigation shall be handled with gloves (i.e. cloth, rubber or leather) by the wrecker operator. Crime scene vehicles shall be stored to prevent physical contamination or degradable evidence from deteriorating, and by inside storage. If inside storage is not available, CONTRACTOR shall surrender the tow and fee to the next Contractor in rotation. This shall not prevent CITY from removing the vehicle or trailer and storing it at a City-owned or controlled facility or at another Tow Contractor's storage compound. If laboratory work on a crime scene vehicle is required and the vehicle must be processed at the City of Boynton Beach Police Headquarters, the crime scene vehicle shall be transported to the City-designated location. Vehicles which have been marked "HOLD" by the Police Department shall be stored at such compound for whatever period of time necessary, in order to properly process the vehicle and conduct any investigation necessary. 13 5.0 5.1 5.1.1 Confiscated vehicles or vehicles involved in litigation shall be protected from the elements, preferably at an inside storage facility, as to maintain the vehicle in its condition at the time of towing. This shall not prevent CITY from removing the vehicle and storing the vehicle at a City owned or controlled facility or at another Tow Contractor's facility. City of Boynton Beach Police Department personnel shall be permitted access to all such vehicles at all times. PERFORMANCE PROBATION PERIOD. A. A contractor awarded a Certificate of Qualification will be subject to a three (3) month probationary period. During this time, the contractor's performance will be evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the standards set forth in this Agreement, the City Commission may, upon the recommendation of City staff, by written notice setting forth the default under the Agreement terms, revoke the Certificate of Qualification. If performance is acceptable at the end of the probationary pedod described herein, TOW CONTRACTOR will be so notified by the City. Bo Should the City Commission revoke a Certificate of Qualification within the three (3) month probationary period, another Certificate of Qualification may be awarded to an eligible company as determined by the City Commission. ROLE OF CITY MANAGER AS TO PENALTIES. The City Manager for CITY shall have the power to formally reprimand TOW CONTRACTOR, suspend the Certificate of Qualification, suspend activities of TOW CONTRACTOR under the terms of this Agreement, recommend to the City Commission revocation of the Certificate of Qualification, and recommend to the City Commission that this Agreement with TOW CONTRACTOR be terminated. FORMAL REPRIMAND. Upon review of materials provided to him/her by City staff, the City Manager may issue a written reprimand to TOW CONTRACTOR for any act or omission, which in his/her sole discretion, is deemed to be a violation of this Agreement. A wdtten reprimand for an act or omission in violation of the terms of this Agreement shall be grounds for recommending termination of the Certificate of Qualification should the City Manager deem such action to be appropriate under the circumstances. 14 5.1.2 5.1.3 5.1.4 REVOCATION. In the event any criteria for qualification established by this Agreement and Resolution R01- are violated by a Certificate Holder (TOW CONTRACTOR), CITY may serve written notice upon Certificate Holder of the recommended revocation of the Certificate of Qualification and/or termination of the Agreement. However, any and all liabilities of TOW CONTRACTOR and the surety for acts, omissions, or violations occurring prior to the date of cancellation shall not be affected, waived or otherwise as a result of the cancellation. In the event City Manager for CITY recommends revocation of the Certificate of Qualification and/or termination of the Agreement with TOW CONTRACTOR, such a recommendation shall be considered by the City Commission for CITY. COMPLAINTS AGAINST TOW CONTRACTOR. TOW CONTRACTOR hereby agrees that any complaints received by CITY concerning the performance of TOW CONTRACTOR's duties under this Agreement and otherwise shall be referred to the City Manager of the City of Boynton Beach. The failure of TOW CONTRACTOR to follow any subsequent reasonable instruction of the City Manager regarding any complaint will be considered a material breach of this Agreement and the awarded Certificate-of Qualification, and shall be cause for termination thereof. REPUTABILITY. Lack of reputability shall be cause for revocation of a Certificate of Qualification and shall include, but not be limited to the following: Bo Co Do Misstatements concerning the conviction of any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; Retaining any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; Retaining any officer, employee or agent convicted of any felony or first degree misdemeanor directly related to the business and/or operation of a wrecker, when that person's civil rights have not been restored. For the purpose of this Agreement, any offense involving perjury, false statement or theft shall be considered to be directly related to the business operation of a wrecker. Retaining any officer, employee or agent convicted of the offense of driving under the influence of alcohol or any other controlled substance to the extent that normal faculties are impaired; of the offense of ddving a vehicle and having an unlawful blood alcohol level; or of any other criminal traffic offense. 5.1.5 SUSPENSION Should at any time during the term of this Agreement, including during any option terms, the tow company be in violation of any of the terms and conditions of this Agreement, the City Manager or his or her designated agent shall have the right to suspend the company until the violation is resolved to the satisfaction of City staff. If the violation is not promptly resolved or is of such a serious nature that the City Manager determines that suspension is inadequate, the City Manager reserves the right to recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR for cause. Should at any time during the term of this Agreement, including during any option terms, TOW CONTRACTOR or its principals become the subject of a criminal investigation, the City Manager shall have the right to suspend TOW CONTRACTOR's Certificate of Qualification pending the outcome of any criminal investigation and trial, should one result. Upon the conclusion of a cdminal investigation that does not result in criminal charges against TOW CONTRACTOR or its principals, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR, or the City Manager may lift the suspension, thereby reinstating the Certificate of Qualification to TOW CONTRACTOR. If an adjudication of guilt is entered against TOW CONTRACTOR at the conclusion of a trial or via plea bargaining with the State, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR or City Manager may reinstate. 6.0 COMMERCIALLY MANUFACTURED EQUIPMENT. A. Each tow truck, recovery vehicle and all equipment owned, leased, or mortgaged by TOW CONTRACTOR shall be commercially manufactured and shall conform to the requirements set forth herein or be approved by CITY or its designee. Each tow truck, recovery vehicle, and all equipment utilized by TOW CONTRACTOR shall be maintained in good mechanical condition at all times. Each tow truck, recovery vehicle, and all equipment is subject to inspection by CITY or its designee at all times during the term of this Agreement. No vehicle of TOW CONTRACTOR shall be used as an emergency vehicle, except when the circumstances justify the use of the vehicle in that manner. (i.e. flashing lights are to be used only when necessary). 6.1 7.0 8.0 9.0 10.0 MARKINGS. TOW CONTRACTOR agrees to have no markings on vehicles, buildings, or correspondence that indicates or tends to indicate any official relationship between TOW CONTRACTOR and the City of Boynton Beach. SITE CLEAN-UP. TOW CONTRACTOR shall, at no cost to CITY, the public or the owner of the towed vehicle or trailer, promptly remove all debris from the public street, sidewalks, parks, and property of CITY; and shall remove the same to a proper place for disposal if the accident scene is, will or has been served by TOW CONTRACTOR, its agents or employees. The owner of the vehicle or trailer towed may be charged pursuant to the rate schedules set forth in this Agreement for the clean-up of hazardous wastes, chemicals, construction debris and spilled loads. EMPLOYEES. TOW CONTRACTOR agrees to maintain, and upon request, provide to the City of Boynton Beach Police Department the following information on all officers, employees, agents, and servants, and to be responsible for keeping the information accurate and current: name, address, date of birth, driver's license number, social security number, and photograph. TOW CONTRACTOR agrees that the owner(s) of the company or the officers of the company, if a corporation, shall be personally responsible for the acts of their employees, while said employees areon-duty. TOW CONTRACTOR further acknowledges and agrees to notify its employees that CITY may run drivers license histories on any driver at any time with or without cause. TWO OR MORE APPLICATIONS UNDER DIFFERENT NAMES RECEIVED FROM ONE PROPOSER. If more than one application is submitted by any one proposer, by or in the name of his or their clerk, partner, or other persons, and it is determined by CITY staff that such applicant is under single, identical, or substantially the same ownership, all such applications will be rejected. If the above described dual ownership is not revealed until the contract term has begun, said action shall constitute grounds for revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR. RESPONSE TIME. A. TOW CONTRACTOR shall, at the request of the CITY Police Department or other CITY official requesting tow truck service at any time of the day or night, arrive at the scene with the appropriate equipment within the following time limit depending upon the vehicle class requested: 17 Do CLASS A CLASS B CLASS C 30 minutes from request 30 minutes from request 45 minutes from request TOW CONTRACTOR assumes all liability in meeting the required class response time, including but not limited to, any and all damages resulting from traffic accidents and motor vehicle infraction fines occurring after the response time limit has expired. In the event TOW CONTRACTOR fails to respond in a timely manner, the department of CITY requesting the service shall document the untimeliness, and forward said wdting to the Agreement Administrator. The following penalties shall apply should any TOW CONTRACTOR fail to respond within the class response time set forth in Section 3.1(A) of this Agreement: Within a 12 month period 1. 1 st offense 2. 2nd offense 3. 3rd offense 4. 4th offense and greater Penalt~ Certified letter of warning One (1) week suspension One (1) month suspension Termination of Agreement with CITY and revocation of certificate of qualification TOW CONTRACTOR may appeal a suspension of two (2) months or more to the City Commission, and if TOW CONTRACTOR can show by substantial and competent evidence that extenuating circumstances beyond TOW CONTRACTOR's control caused the failure to timely respond, the suspension may be lifted by the City Commission. All appeals must be made in writing to the City Manager within thirty (30) days of the action, and shall fully set forth the basis for the appeal. Suspensions shall not be stayed during the any pending appeals. City Manager recommendation for termination of this agreement and revocation of the certificate of qualification under this section requires consideration and action by the City Commission. 11.0 12.0 13.0 SUBCONTRACTING. TOW CONTRACTOR shall not subcontract its services to secure additional wreckers or storage space required under this Agreement. TOW CONTRACTOR must own, lease, or mortgage the vehicles, equipment and storage space required under this Agreement. BENEFITS FROM REPAIRS. A. In the event TOW CONTRACTOR holding a certificate of qualification operates an automobile repair and/or automobile paint and body repair business, TOW CONTRACTOR shall provide written notification to the owner or representative of the owner of the vehicle towed under the provisions of this Agreement, that there is no obligation to have any automobile, vehicle or trailer repairs and/or automobile, vehicle or trailer paint and body work done by TOW CONTRACTOR. Bo TOW CONTRACTOR shall notify CITY in writing of any and all repairs completed on vehicles, automobiles, trucks, and trailers by TOW CONTRACTOR towing a vehicle under the provisions of this ^greement. The written notification to vehicle owner that there is no obligation to have TOW CONTRACTOR undertake any repairs to the vehicle shall be included. INSURANCE REQUIREMENTS. A. TOW CONTRACTOR's liability insurance policies shall name the CITY as an additional insured. During the term of this Agreement, TOW CONTRACTOR shall have in effect insurance with those limits specified in this Section. Copies of said insurance policy or certificate of insurance must be furnished to CITY's Purchasing Department and Risk Management Department immediately after approval of Agreement by the City Commission. CITY may request proof of insurance or the name and phone number of insurer at any time during the term of the Agreement, and TOW CONTRACTOR must respond with said proof of insurance within five (5) days of the request. Failure to provide the proof of insurance required in this section or the name and phone number of insurer as requested shall result in automatic suspension of the certificate of qualification and may be grounds for termination of this Agreement with TOW CONTRACTOR. TOW CONTRACTOR shall supply CITY with a Certificate of Insurance for the coverages and limits as shown in this Section. A thirty (30) day cancellation clause in favor of CITY shall be included in the Policy and the Certificate. 13.1 TOW CONTRACTOR, at its own cost and expense, shall keep in force at all times, and shall maintain the following during the terms of this Agreement: Comprehensive General Liability Insurance with minimum limits of coverage of One Million ($1,000,000.00) Dollars per incident Combined Single Limit for Bodily Injury Liability and Property Damage Liability. Automobile Liability Insurance coverage in the minimum amount of Three Hundred Thousand ($300,000.00) Dollars per person/per incident and property damage coverage of One Hundred Thousand ($100,000.00) Dollars per incident. Garage Keeper's Legal Liability Insurance coverage in the minimum amount of Seventy-five Thousand ($75,000.00) Dollars to protect owners of any and all vehicles and trailers towed or stored by TOW CONTRACTOR pursuant to this Agreement, from any loss or damage to such vehicle or trailer on account of such removal or storage. TOW CONTRACTOR shall provide CITY with Certificate(s) of Insurance on all policies of insurance and renewals thereof in a form acceptable to CITY. Each policy shall provide that CITY is an additional insured, and that the CITY shall be notified by the insurer in writing of any cancellation at least thirty (30) days prior to the effective date of cancellation. Fo Each and every insurance policy must be issued by companies acceptable to CITY's Risk Management, and licensed, qualified and authorized to do business in the State of Flodda. All policies must be at lease six (6) months in duration. Each TOW CONTRACTOR shall show proof of the insurance required under this Section prior to the issuance of a Certificate of Qualification. TOW CONTRACTOR shall not commence operation under the term of this Agreement, until certification or proof of insurance, detailing terms and provisions of coverage, has been received, reviewed, and approved by Ho TOW CONTRACTOR agrees to maintain, at its own cost and expense, worker's compensation coverage required by the State. TOW CONTRACTOR'S LIABILITY. A. TOW CONTRACTOR shall be liable for any towed vehicle and property contained therein. 20 13.2 14.0 14.1 14.2 TOW CONTRACTOR or its employee, representative, or agent shall inventory all personal property contained in each vehicle towed. The Tow companies are relieved of liability for property inside of the vehicle that was not listed on the inventory report completed by the officer on the scene. The inventory shall be made in triplicate and shall be signed by the person composing it. One copy shall be given to the owner or person in possession of the vehicle, or shall be securely attached to the vehicle; one copy shall be forwarded to the Boynton Beach Police Department, and the final copy shall be retained by TOW CONTRACTOR. NON-LIABILITY OF CITY FOR TOWED VEHICLES. CITY shall not be responsible or liable in any manner whatsoever for either the collection or payment of any charges for services rendered, including towing and storage. ACCESSIBILITY OF STORAGE FACILITIES. TOW CONTRACTOR agrees that all storage areas shall be accessible between the hours of 8:00 A.M. and 6:00 P.M., Monday through Friday and 9 A.M. and 12 PM, Saturday; therefore the Gate Fee shall not be charged dudng the applicable business hours. Authorized personnel of TOW CONTRACTOR shall be available during such times to assure that the obligations and services, including retrieval of stored vehicles by the public, required of TOW CONTRACTOR are available and fulfilled. Accordingly, there shall be no "gate fees" charged to the CITY for retrieving or gaining access to a vehicle in storage. There will be a $40.00 gate fee charged to any individual(s) or other entity retrieving a vehicle from storage. PROTECTION OF VEHICLES AND PROPERTY. A. Vehicles and trailers stored in enclosed areas shall be stored under "lock and key." TOW CONTRACTOR shall protect all stored vehicles, and any evidence or personal property contained therein from theft and damage in accordance with all reasonable police department instructions and directives. Co TOW CONTRACTOR agrees to replace any such article(s) upon verification of the loss by the designated investigative agency representing the City of Boynton Beach or Palm Beach County. INSPECTION OF FACILITIES. A. Storage facilities shall be subject to inspection and shall be approved by CITY prior to award of the Certificate of Qualification and the execution of this Agreement. Storage facilities shall be subject to periodic inspections during the term of Agreement when deemed necessary by the City 14.3 Manager's office or the CITY's Police Department. Fo Notice of any deficiencies or violations of this Agreement discovered by CITY with respect to storage facilities shall be submitted to TOW CONTRACTOR in writing, and TOW CONTRACTOR shall remedy the same within ten (10) days of receipt of such notice. The Agreement may be terminated and the Certificate of Qualification revoked, or suspended at the option of the CITY. RELEASES OF VEHICLES AND PERSONAL PROPERTY. A. TOW CONTRACTOR agrees to release any vehicle or trailer which has not been marked "HOLD." Any vehicle or trailer marked "HOLD" shall not be released without the prior wdtten consent of the City of Boynton Beach Police Department. All persons applying for release of the vehicle or trailer from TOW CONTRACTOR shall present adequate proof of ownership or right to possession. Upon release, TOW CONTRACTOR shall give a receipt and itemized statement indicating all charges related to the impounding of the vehicle or trailer to the owner or person entitled to possession. C. Rightful owners shall be able to retrieve their towed vehicle or trailer from TOW CONTRACTOR twenty-four (24) hours a day, seven (7) days a week, including legal holidays, provided the appropriate documentation has been filed. Do Any vehicle or trailer declared to be abandoned, junk or constituting a nuisance may only be released under the authority of the Boynton Beach Police Department. Any customer contacting TOW CONTRACTOR by telephone or otherwise prior to customer's arrival at the storage site shall be advised of the following by TOW CONTRACTOR: 1. each and every document or other item needed to retrieve vehicle; 2. exact charges at the time of contact and any additional charges that may accumulate subsequent to contact and before retrieval; 3. acceptable methods of payment; and 4. the hours and days that the storage site is open for regular business. If all matters are in order, customer shall be returned to possession of the towed vehicle or trailer within thirty (30) minutes of the request. 22 14.4 14.5 15.0 PERSONAL PROPERTY LOSS. A. CITY shall not be responsible for any loss or damage to vehicles to trailers, to any personal property contained therein, or to any vehicle accessories, regardless of the cause of such damage or loss. TOW CONTRACTOR shall hold CITY harmless as to any claims, suits or actions alleging such loss or damage. Personal property found in vehicles or trailers that have been stored by TOW CONTRACTOR shall not be sold or disposed of in any way to defray any charges for storage or towing. TOW CONTRACTOR shall be held accountable for all personal property and vehicle accessories inventoried at the time the vehicle or trailer is towed, while the vehicle is stored at TOW CONTRACTOR's storage facility, and while TOW CONTRACTOR disposes of junk, abandoned and nuisance vehicles. TOW CONTRACTOR shall make restitution to owner for all such losses occurring by theft, fire, or other damage. DESTINATION OF TOWED VEHICLE. TOW CONTRACTOR shall not move any vehicle or trailer to any location (specified at time of tow) other than that designated by a CITY Police Officer or other authorized CITY representative, or owner or person in possession *of vehicle. ALL CITY owned or leased vehicles towed from a location within Palm Beach County shall be towed, as requested to CITY property. Each and every vehicle towed from within the city limits shall be towed to a storage facility within the city limits of Boynton Beach, Florida, and shall remain at that location for at least seven (7) days. RADIO COMMUNICATION. A. All towing vehicles and wreckers must be equipped with two-way radio or telephone communication. The range of the communication system shall, at a minimum, extend throughout the Boynton Beach city limits. Accordingly, the base station for the above equipment must be strong and powerful enough to provide city-wide coverage. A citizens band radio is insufficient to meet this requirement. Any radio communication shall, at no time, be tuned into any police frequencies. C. Guidelines of the Federal Communication Commission (FCC) shall prevail. TOW CONTRACTOR shall, at all times, have a competent employee(s) manning the communication system. 23 16.0 Bo Do Eo TOW CONTRACTOR shall provide a 24-hour emergency telephone number to be answered by a TOW CONTRACTOR employee designated to respond to emergency calls for service. This service is in addition to the communication system required in subsections 4.5(A)-(D) above, and is necessary so that TOW CONTRACTOR can provide timely and efficient service 24 hours a day, seven days a week. REPORTS AND RECORD KEEPING. A. TOW CONTRACTOR shall make available upon request to the CITY's Police Department, weekly reports of vehicles and trailers towed at the request of the Police Department. The written reports will be designed and supplied by CITY and the following information shall be provided thereon: 1. 2. 3. 4. 5. 9. 10. Name and owner of driver; model and make of vehicle or trailer; license plate number; vehicle identification number; time, date and location of tow; circumstances requiring tow; whether or not a "HOLD" was placed on the vehicle by the Police Department; time dispatched to scene and time of arrival; storage facility where vehicle is stored; and the date, time and name of employee releasing the vehicle. TOW CONTRACTOR shall make available upon request by the CITY's Police Department, a complete and detailed listing of all vehicles and trailers which have been impounded or stored for periods of thirty (30) days or more. Form to be provided by the CITY. Any vehicle or trailer that has not been claimed for a period of thirty (30) days from the towing of the vehicle, shall be reported in writing to the Police Department. Services related to CITY owned or leased vehicles or trailers shall be logged and forwarded by TOW CONTRACTOR on a monthly basis to the CITY Public Works Director. All such logs shall identify the vehicle or trailer towed, the location from which it was towed, and the hours and dates applicable to TOW CONTRACTOR's services with respect to those vehicles or trailers. The "service ticket" shall include the signature of the authorized CITY employee approving towing of the CITY vehicle or trailer. TOW CONTRACTOR shall provide such information, until such time as a form is provided to it by CITY, which then must be completed by TOW CONTRACTOR. TOW CONTRACTOR shall maintain containing the following information: 24 at its place of business records Go a vehicle storage receipt of each vehicle on the premises; a monthly log of all calls for service by the Police Department; a notification log indicating the date, time and method of notification to the registered owner of the stored vehicle or trailer; and A daily log setting forth a list of all vehicles towed, as well as information on each vehicle as required by Section 5.0(A) of this Agreement. INSPECTIONS. 1. TOW CONTRACTOR shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services relative to this Agreement. 2. TOW CONTRACTOR shall make available for inspection by authorized CITY personnel the compounds and storage facilities required herein. In order to facilitate inspection and audits by authorized CITY personnel, records maintained by TOW CONTRACTOR relative to services provided under this Agreement shall be kept separate and apart from other company records. RECORDS RETENTION AND RIGHT TO ACCESS. - TOW CONTRACTOR shall preserve and make available for inspection and/or removal for the purpose of copying, all financial records related to performance and billing under the terms of this Agreement, upon five (5) days prior notice. All records shall be maintained for a period of three (3) years after termination of this Agreement. If an audit has been initiated within that three (3) year period, but findings from the audit have not been resolved, the records shall be retained and maintained until resolution of audit findings. For monitoring purposes, TOW CONTRACTOR shall submit to CITY's Tow Agreement Monitor, upon request, a log sheet detailing each tow made by TOW CONTRACTOR during that month, as well as the amount charged and service given for each tow. A copy of the invoice for each tow should accompany the monthly report. Failure to comply with the provisions and requirements of Section 5.0 of this Agreement shall result in suspension from the wrecker rotation until such time as TOW CONTRACTOR corrects such noncompliance. Should TOW CONTRACTOR fail to comply with any of the provisions of this section may, in the discretion of the City Manager, warrant recommending to the City Commission termination of the Certificate of Qualification and Agreement with TOW CONTRACTOR. 25 17.0 18.0 19.0 CODE ENFORCEMENT CASES. A. When vehicles or trailers are towed from public property, including right-of- ways, after the appropriate notification, TOW CONTRACTOR has the option of destroying the vehicle or keeping it safe for sale pursuant to Sections 713.78 and 715.05, Florida Statutes. TOW CONTRACTOR must proceed in accordance with the provisions set forth in Sections 713.78 and 713.05, Florida Statutes. Any breach thereof shall constitute a breach of this Agreement. Co When vehicles or trailers are towed from private property after receiving the appropriate notification, TOW CONTRACTOR must store the vehicle or trailer for a minimum period of thirty-five (35) days, after which time TOW CONTRACTOR has the option to destroy or sell the vehicle or trailer pursuant to Section 713.78, Florida Statutes. NON-EXCLUSIVITY OF SERVICES. A. The owner or person in possession of the vehicle or trailer which has been involved in an accident or which has been incapacitated in any other manner shall be given the opportunity to contact a wrecker or tow company of his/her choice, as long as the disabled vehicle does not create a hazardous condition and a reasonable response time can be expected. Said person shall also be given the opportunity to have the vehicle or trailer towed to a garage or compound of his/her choice. CITY shall not be liable for any charges for moving, towing, and storage of any vehicle or trailer; nor shall CITY be liable for any damages to any vehicle or trailer resulting from TOW CONTRACTOR's acts or omissions. All vehicles and trailers towed under the request of the CITY, including but not limited to the City's Police Department, Code Enforcement Department, Public Works Department, Fire Department, shall be governed by this section. INDEMNIFICATION AND HOLD HARMLESS CLAUSE. TOW CONTRACTOR shall defend, indemnify and save CITY, its agents, employees, and police department harmless from and against any and all claims, suits, actions, damages or causes of action whatsoever adsing during the term of this Agreement, caused by any act or omission of TOW CONTRACTOR involving bodily injury, loss of life or damage to property, sustained as a result of TOW CONTRACTOR's duties; and from all costs, attorney's fees, expenses, liabilities, causes of action, investigations, and any administrative or legal proceedings brought therefrom; and from and against all orders, judgments or decrees which may be entered therein. 20,0 21.0 22.0 23.0 24.0 TOW CONTRACTOR shall further defend CITY, its agents, employees and police department in any action brought as a result of the items set forth in this section, and related to performance of this contract by TOW CONTRACTOR. In the event any litigation or other legal proceedings shall arise from this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and all costs and expenses incurred therein. NON-DISCRIMINATION. TOW CONTRACTOR hereby agrees and acknowledges that in the performance of this Agreement, it will not discriminate, or tolerate or permit discrimination on the basis of race, religion, gender, age, handicap, marital status, political affiliation, national origin, or otherwise with respect to its hiring practices and in the performance of the terms of this Agreement. POSTING AND PROVIDING CHARGES OF SERVICES. 1. TOW CONTRACTOR shall prominently post in a conspicuous location at its storage facilities and on its tow vehicles and wreckers, a list of charges, as set forth herein. A list of such charges shall also be printed and such charges shall be provided to the owner or person lawfully in possession of each vehicle and trailer towed by TOW CONTRACTOR. TOW CONTRACTOR shall not charge for any service that exceeds such posted or listed amount, nor shall TOW CONTRACTOR perform any service that is not deliniated on such posted or listed schedule without giving the owner or person lawfully in possession a written estimate of the amount that will be due and payable upon completion of the unposted or unlisted service. COMPLIANCE WITH LAWS. This Agreement shall be govemed by all federal, state, and local laws, regulations, ordinances, and codes, as amended from time to time, and as set forth by any other regulatory agency, including but not limited to, any and all municipal codes, ordinances, or regulations which may govern CITY as a Florida municpal corporation. NON-ASSIGNABILITY. The Certificate of Qualification shall not be assigned, sold or transferred in any manner whatsoever. DISPOSAL OF VEHICLES. Should TOW CONTRACTOR, as a result of this Agreement, have in its possession any vehicle, trailer, or personal property from therein for a period in excess of ninety (90) days, and be ordered to relinquish such vehicle, trailer or personal property to the City of Boynton Beach Police Department, 27 25.0 26.0 27.0 TOW CONTRACTOR agrees to do so with no additional charges to CITY, other than that specified in this Agreement. MODIFICATION OF THIS AGREEMENT. No waiver or modification of this Agreement or any covenant, condition, provision, or limitation contained therein shall be valid absent the execution and approval of a written addendum executed by both parties. No evidence of any waiver or modification shall be offered or received into evidence in any proceeding, arbitration or litigation between the parties to this Agreement, unless such waiver or modification is duly executed as set forth in this Section. ETHICS AND CONDUCT. TOW CONTRACTOR hereby agrees to conduct operations under this Agreement in a courteous, orderly, ethical and businesslike manner. As it is recognized by both parties that this Agreement is sensitive in nature and requires TOW CONTRACTOR and its personnel and employees to work with the public on a daily basis, TOW CONTRACTOR is required to extend common courtesies, including but not limited to: Expedite release of vehicle in accordance with the terms of this Agreement; Assist the vehicle or trailer owner in retrieving documents from the vehicle or trailer to establish ownership; Permit the owner to remove the auto tag and any unattached personal possessions; Explain fully and politely the reason for the tow and all charges levied; and If a dispute occurs, TOW CONTRACTOR shall attempt to resolve the dispute promptly and politely. If it cannot be resolved satisfactorily, the dispute shall be reported to the City Manager's Office no later than the next business day. WRECKER ROTATION LIST PROCEDURE. A. Purpose. The purpose of the wrecker rotation is to have in place a procedure for wrecker call-out on a per incident basis (except Code Enforcement). An index card system is utilized and maintained by the CITY's Communication Division. Procedure. 1. Card System. a. Index cards will be arranged in a four-card file system, as follows: i. Class "A" and "B" Wrecker Companies; ii. Class "C" Wrecker Companies; and iii. Code Enforcement Wrecker Companies (all Class "A"/"B" TOW CONTRACTORS required to participate). 28 iv. City Vehicles TOW CONTRACTORS will be filed in alphabetical order, according to corporate name. A TOW CONTRACTOR will be called in rotation order from the card file on a per incident basis. Wrecker Response. a. If TOW CONTRACTOR is unable to respond to a call for service, TOW CONTRACTOR will be moved to the end of the list, thereby forfeiting that rotation. b. The CITY official, agent or employee on the scene requesting the wrecker or tow shall determine whether a wrecker remains on the top of the rotation list in the event of cancellation or other circumstances where the wrecker is not used. Said CITY official shall notify the Communications Division upon cancellation of the tow and the tow company will retain their position on the rotation list. c. The next tow company in the rotation will be contacted in the event TOW CONTRACTOR cannot be reached by the CITY's Communications Division or TOW CONTRACTOR has failed to respond within a reasonable time to-a hazardous scene. The City official, agent or employee shall determine, based on his sole discretion, whether the response time was excessive. d. During the midnight shift, the CITY will reconcile logs on a daily basis, and will gather any reports of problems or incidents that were brought to the attention of the dispatch supervisor, who shall forward the same to the Tow Agreement Monitor within the CITY's Police Department. Rotation Tracking. a. A manual log will be used by CITY to track all vehicle or trailer tows to include rotation wreckers. b. The log shall contain the date and time of the tow, the tow company, the CITY Officer, agent or employee, dispatch, case number, remarks, and a computer check. c. Specific requests from the vehicle or trailer owner or person lawfully in possession will not be charged against the rotation schedule. The request shall be logged as such by CITY in the manual log. If an owner's request cannot be honored for any reason whatsoever, a rotation wrecker will be contacted and so charged on the rotation schedule. 29 Knowledge of Position on Rotation List. a. TOW CONTRACTOR is responsible for knowing its position on the wrecker rotation list. CITY will not provide this information over the telephone. b. The rotation list is public record pursuant to Chapter 119, Florida Statutes, and is available for inspection, by appointment, during regular business hours. 28.0 CODE ENFORCEMENT TOWING PROCEDURE. A. Purpose. Standard operating procedure is to be utilized for the removal of vehicles or trailers deemed to be abandoned, unregistered or wrecked as described in Section 10-52, City of Boynton Beach Code of Ordinances. The towing of these vehicles are to be at no charge to the CITY. Procedure. 1. Tow List. a. Tow lists can be picked up at the front desk of the the CITY's Police Department on the 1st, 10th, and 20th day of each month. All tow lists must be retumed to the front desk no later than midnight of the last day of the month. b. Results of the status of each vehicle or trailer will be noted on the list (i.e. towed, gone-on-arrival, or currently licensed). c. Those vehicles or trailers whose status is not vedfied will automatically roll-over to the next month's tow list. d. Each TOW CONTRACTOR represented in the rotation system shall supply the name of and accessible contact person and that person's phone number to the Police Department employee responsible for the tow list. Rotation. a. Wrecker companies shall rotate Code Enforcement tows on a monthly basis. b. TOW CONTRACTOR is required to notify CITY's Code Enforcement Department and the employee responsible for the tow list, at least ten (10) days in advance of its month do undertake Code Enforcement tows, if said TOW CONTRACTOR is unable to perform such tows as requested by CITY. In the event TOW CONTRACTOR is unable to perform, it shall be moved to the end of the Code Enforcement Rotation, and may be subject to penalties as provided in this Agreement. 3O Co TOW CONTRACTOR's failure to perform Code Enforcement tows for more than two (2) months during any twelve (12) month period may result in suspension from ALL tow lists for a period of time as determined under the sole discretion of the CITY's City Manager. Co CITY hereby reserves the right to modify the rotation schedule or procedure for Code Enforcement tows under this section of the Agreement in an effort to improve upon the procedure to place code enforcement tows in the regular rotation or otherwise. 29.0 TERM OF AGREEMENT. This Agreement shall take effect as of the date the Agreement is ratified by Resolution of the City of Boynton Beach City Commission, and shall have a term of two (2) years from that date. This Agreement shall be automatically renewed for one (1) additional year, unless either party provides written notice via certified mail to the other party within thirty (30) days of the end of the yearly term, that the Agreement shall be terminated at the end of the term. 29.1 INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that TOW CONTRACTOR is an independent contractor under this Agreement and not the CITY's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. TOW CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out TOW CONTRACTOR's activities and responsibilities hereunder. TOW CONTRACTOR agrees that it is a separate and independent enterprise from the CITY; that it has full opportunity to find other business; that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the TOW CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by TOW CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. 29.2 NOTICE. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, 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. 3! For the present, the TOW CONTRACTOR and the CITY designate the following as the respective places for giving of notice: City Manager City of Boynton Beach P.O. Box 310 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 TOW CONTRACTOR: ZUCCALA'S WRECKER SERVICE, INC. 633 E. INDUSTRIAL AVE. BOYNTON BEACH, FL 33426 29.3 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. 29.4 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. 29.5 GOVERNING LAW. The terms and conditions of this Agreement shall be governed by and interpreted under the laws of the State of Flodda. Venue for the purposes of any litigation arising out of this agreement shall be in Palm Beach County, Florida. 29.6 EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between CITY and TOW CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and wimessed in the presence off / tho proscnco off CITY. ON BEACH, FLORIDA Approved as to Form: /~. City Attomey / State of Florida County of Palm Beach ) ) SSi ) On this ]7/ day or (~C'~o~ ., 2001~, pers~onally appeared before me, duly authorized to administer oaths, ff/.~,~_-E,/- known to be the persons described herein or who has produced /~' ~//<. as identification and who executed the foregoing instrument and h.,~fch~owledged before me that they have executed same. (~__~~~~f Notary Public My Commissi,~Expires: WF~AOMTi~rowing Agreement 33 CERTIFICATE OF QUALIFICATION The City of Boynton Beach, hereby issues this Certificate of Qualification to the following company, and hereby certifies that the company named in this certificate is qualified to perform towing services pursuant to the Towing Service Contract approved by the Boynton Beach City Commission pursuant to the adoption of Resolution 01-256. COMPANY NAME: ADDRESS: PHONE NUMBER: CONTACT PERSON: ATTEST: SCOTT'S TOWING AND RECOVERY, INC. 359 Industrial Avenue BoyntonBeach, Florida 33426 (561) 737-5591 Earl A. Scott City Manager KURT BRESSNER CII~MANAGER BOYNTON BEACH, FL AGREEMENT THIS IS AN AGREEMENT, dated the 20th day of September 2001, between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and SCOTT'S TOWING & RECOVERY, INC. hereinafter referred to as 'q'OW CONTRACTOR". WlTNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and TOW CONTRACTOR agree as follows: SPECIAL TERMS AND CONDITIONS 1.0 RATES. The rates herein have previously been established and approved by the Boynton Beach City Commission and will remain firm and fixed for the term of this Agreement. The rates charges by TOW CONTRACTOR to provide all labor, tools, materials, and equipment shall not be greater than the applicable maximum rates as provided by this Agreement. 1.1 APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY CiTY These rates are the only rates that will be charged vehicle owners under this Agreement: Ae TOWING BY ITEM DESCRIPTION (1) Class A (cars, vans, light trucks under 10,000 GVW) within City limits; $90.00 per call (2) Motorcycles within the City limits; $90.00 per call (3) Towing outside the City limits for cars, vans, motorcycles, and light trucks 3/4 and less; an additional $3.00 per towed mile from the City limits (4) (5) (6) (7) (8) (9) Class B (vehicles 10,000 to 30,000 GVVV) within the City limits; Towing outside the City limits for Class B vehicles; Class C vehicles (over 30,000 GVVV) within City limits; Class C vehicles outside City limits; Additional time at the scene after first hour, per 1/2 hour thereafter (applied to all vehicles, cars, vans, and trucks under and over 3/4 ton, for waiting and extra street clean-up. This provision shall not apply in conjunction with vehicle recovery under Section 1.2(C). Miscellaneous other charges 4 X 4/off-road vehicle recovery Tarp fee Lowboy service Outside the City limits $175.00 per call an additional $4.00 per towed mile from the City limits $200.00 per call an additional $8.00 per towed mile from the City limits $40.00 per half hour $95.00 for the first hour, and $30.00 per half hour thereafter $35.00 per call $175.00 per hour an additional $6.00 per towed mile from City limits Underwater recovery salvage divers $125.00 for first half hour or part thereof, and $31.00 for each additional 1/4 hour or part thereof. (10) For purposes of this Agreement, when CONTRACTOR is entitled to additional charges based on time spent at the scene, unless otherwise specified, CONTRACTOR shall apportion the charge set forth herein to be consistent with the actual time spent on the scene. ag STORAGE AND LIEN NOTICE (1) Cars, vans, trucks under 3/4 ton Outside storage Inside storage $25.00 per day $30.00 per day (2) Trucks and vehicles over 3/4 ton Outside storage Inside storage $35.00 per day $40.00 per day (3) Motorcycles Outside storage Inside storage $15.00 per day $20.00 per day (4) Boat and trailer (21 feet and under) Outside storage Inside storage $17.00 per day $22.00 per day (5) Boat and_trailer (over 21 feet) $30.00 per day (6) Lien notice (after 24 hours of storage) $40.00 per vehicle Per Flodda Statutes, no storage fee shall be charged to the vehicle owner for a vehicle stored less than six (6) hours. "Per day" shall be defined as a twenty-four (24) hour period or any part thereof. VEHICLE RECOVERY The following vehicle recovery fees may be charged to the vehicle owner when the vehicle is overturned, embedded in sand, mud, or water, or requires more than a single hook-up: Class A and B wrecker on the scene; $90.00 per hour and $30.00 per each half hour after the first hour (2) Extra man (each) on the scene $35.00 per hour ROAD SERVICE For all trucks, cars, vans and other vehicles under and over 3/4 ton, a road service fee of $40.00 per call may be charged to the vehicle owner for services such as assisted start, unlocking a door, delivering gas, tire changes, etc. 1.2 APPROVED TOWING RATES - CITY OWNED OR CITY LEASED VEHICLES A. All CITY owned or CITY leased vehicles under the 3/4 ton Class "A" wrecker will be towed at forty (40%) percent the Class "A" rate, as indicated in Section 1.11 of this Agreement. Bo All CITY owned or CITY leased vehicles under 3/4 ton requiring road service as indicated in Section 1.11 of this Agreement will receive such services at forty (40%) percent of the road service rate. All vehicles towed at the request of the Boynton Beach Police department as a crime scene vehicle, confiscated vehicle, forfeited vehicle, or in any other way related to police business will be towed at forty (40%) percent of the contract rate and will be stored for forty (40%) percent of the contract storage rate as stated in Section 1.11 of this Agreement. Do All CITY owned or CITY leased vehicles towed under Class "B" or Class "C" will be towed at forty (40%) percent of the appropriate Class "B" or "C" rate as set forth in Section 1.11 of this Agreement. All vehicles towed at the request of Code Enforcement, or any other department of CITY in connection to City business, shall be towed at forty (40%) percent of the contract rate and will be stored at forty (40%) percent of the contract rate, as set forth in Section 1.1 of this Agreement. City shall not be assessed any waiting time charges, whatsoever. 4 1.3 2.0 Companies will not lose position on rotation when called for tow of City owned vehicle. SPECIAL AND ADDITIONAL CHARGES A. WAITING TIME. The cost for waiting time shall not be assessed by TOW CONTRACTOR until forty-five (45) minutes after arrival at the scene. Bo LABOR CHARGES.The cost for labor under any circumstances and when applicable shall not be assessed by TOW CONTRACTOR until forty-five (45) minutes have expired after arrival at the scene. Labor charge must be cleady shown on the tow receipt with a written explanation of the labor charge. C° LABOR CHARGES PROHIBITED. The cost for labor shall not be assessed to CITY or Customer under any circumstances for the clean-up and removal of vehicle parts and debds, regardless of the labor and time necessary to complete clean-up and removal. Labor to the general public will be reviewed within six (6) months of the effective date of this contract. SERVICE CALL. TOW CONTRACTOR agrees that the mere response to a service call scene without other action does not constitute a service for which charges may be assessed to the vehicle owner. DOCUMENTATION OF SPECIAL AND ADDITIONAL CHARGES. TOW CONTRACTOR will document in detail on the tow receipt the reason(s) for waiting time charges and the work performed for assessed labor charges. TOW CONTRACTOR agrees that the special or additional charges may be disputed by CITY officials and/or the vehicle owner or representative. TOW CONTRACTOR further agrees that the City Manager or his/her designee will make the final determination on the assessment of a disputed special and additional charge, and that TOW CONTRACTOR shall abide by the decision of the City Manager or his/her designee. CONSIDERATION FOR AWARD AND AWARD PROCEDURES A. A certificate of qualification shall be granted to the best responsible applicants meeting the specifications set forth herein, which serve the best interests of the CITY based upon the following criteria: the ability of the applicant to provide the required services with regard to the extent and condition of equipment and facilities, record keeping procedures, competency of staff, financial support, and exceptions taken to contract terms, conditions and specifications; experience, qualifications, training and past performance of each proposed towing company's owners and officers, and persons directly involved in managing the service on a regular basis; substantiated complaints received by CITY or Palm Beach County Consumer Affairs concerning misconduct on the part of the proposed towing company, such as excessive charges, poor business practices, damage to vehicles, extensive involvement in litigation will be considered and shall weigh heavily against each applicant. Bo Evaluation of applications will be conducted by a committee of City staff who shall evaluate all responsive applications received from applicants meeting or exceeding the contract specifications based upon the information and references contained in the applications. The committee shall also consider the inspection of the applicant's facilities, equipment, record keeping, and employees. The committee will then make recommendations to the City Manager in the form of a list of proposed tow company applicants. The City Manager shall then tum over his/her recommendation to the City Commission. The City Commission reserves the right, based upon its deliberations and its opinion, to award a certificate of qualifications. 2.1 ELIGIBILITY. A. To be eligible to respond to this RFQ, TOW CONTRACTOR shall be regularly engaged in the towing business on a full-time basis in Palm Beach County and the City of Boynton Beach, and shall be able to produce evidence or prior experience in providing similar services continuously for the past two (2) years (one year of which must have been within Palm Beach County, Florida). Bo TOW CONTRACTOR shall have satisfactory financial support, required equipment and organization sufficient to ensure that TOW CONTRACTOR can satisfactorily execute the services, if granted a contract, under the terms and conditions stated herein. Co In the event litigation arises out of the CITY's failure to select a particular applicant, damages, if any, shall be limited to actual preparation costs incurred by the challenging party. The terms "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well established company as determined, approved or ratified by the Boynton Beach City Commission. TOW CONTRACTOR shall have an office and storage facility within the city limits of the City of Boynton Beach at the time the proposal is submitted for CITY's review. The storage facility shall be in full compliance with the terms of this Agreement, and shall be maintained as such at all times dudng the duration of this Agreement. TOW CONTRACTOR agrees that it will, at its sole cost and expense, if selected, fulfill and comply with all laws, ordinances, codes, regulations and requirements of the City of Boynton Beach, Palm Beach County, the State of Florida, the United States of America, and any and all governmental agencies having jurisdiction over the providing of services as contemplated in this Agreement. TOW CONTRACTOR must maintain at all times, any licenses or permits required by the State of Flodda, Palm Beach County and the City of Boynton Beach in order to conduct business as a wrecker or tow service. Proof of said license shall be submitted prior to the approval of this Agreement. G. TOW CONTRACTOR shall be licensed to do business in the City of Boynton Beach pursuant to Chapter 13 of the Boynton Beach Code of Ordinances. At all times during the term of this Agreement, TOW CONTRACTOR, its subsidiaries, agents, employees or representatives shall only appear on the rotation list once. Under no circumstances shall a Tow Contractor who has a business, financial or legal relationship with another Tow Contractor be permitted to have more than one place on the rotation list. If and whenever a tow contractor obtains Class "C" certification(s), that Contractor will be included in the Class "C" Rotational Basis. In order to be placed on the Class "C" Rotational Basis, the Towing contractor must submit proof of their certification to the City of Boynton Beach and follow all procedures that are currently in place for Class "C" tow contractors as stated in the Towing Agreement. 2.2 APPLICATION REQUIREMENTS. All applications shall be submitted as specified on the application pages. Any attachments must be clearly identified. To be considered, the application must respond to all parts of the RFP. Any other information thought to be relevant, but not applicable to the enumerated categories, should be provided as an appendix to the proposal. If publications are supplied by an applicant to respond to a requirement, the response should include a reference to the document number and page number. This will provide a quick reference for the evaluators of the application. Applications failing to provide this reference will be considered to have no reference material included in the additional documents. 7 ALL SUBMITTED MATERIALS BY PROPOSED TOW CONTRACTORS MUST BE TYPED. NO HANDWRITTEN MATERIALS WILL BE ACCEPTED. ANY HANDWRITTEN APPLICATIONS THAT ARE RECEIVED WILL BE AUTOMATICALLY DISQUALIFIED AND WILL NOT BE CONSIDERED. 2.3 GENERAL SPECIFICATIONS. A. TOW CONTRACTOR shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services rendered relative to the subject Agreement. TOW CONTRACTOR shall furnish towing service for the removal of vehicles within the City of Boynton Beach when required and when dispatched or required by the City of Boynton Beach Police Department (or other CITY authorized representative in the case of city-owned or city leased vehicles). Such services shall be made available on a twenty-four (24) hour basis. CITY shall be given preference only for calls by the Police Department. Co TOW CONTRACTOR shall maintain adequate storage space within the City for said vehicles when towed. Said storage facilities shall meet the minimum requirements set forth in this Agreement. At an accident scene, TOW CONTRACTOR shall remove from the street and surrounding area all broken glass and other debds resulting from the accident. CITY shall have the right to cancel a request for tow company service up until the time that a wrecker is hooked onto a vehicle and ready for transport to the storage facility. However, if the tow is cancelled, the tow company will retain their position in the rotation. 2.4 SPECIFICATIONS FOR WRECKERS. The CITY agrees to maintain three (3) wrecker rotation lists, as follows: 1. Class "A"FB" List; 2. Class "C" List; and 3. Code Enforcement List (mandatory for all Class "A"/"B" tow contractors). TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to two (2) CLASS "A" TOWING/RECOVERY VEHICLES with the following specifications: Small wreckers with a minimum four (4) ton capacity, with a minimum GVW rating of 10,000 pounds and equipped with a cradle, or tow plat, or sling, and safety chains. 8 2. Boom capacity greater than or equal to four (4) tons. 3. Power winch with a pulling capacity of at least four (4) tons. At least One hundred (100) feet of 3/8-inch thick (or greater) cable with an end hook. One of the required Class "A" wreckers must be a flatbed truck roll- back or slide-back, with a minimum four (4) ton capacity, a GVW rating of at least 10,000 pounds, with at least (4) ton winch pulling capacity, a fiat bed seventeen to twenty (17-20) feet in length, and at least fifty (50) feet of 3/8 inch cable. TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS "B" TOWING/RECOVERY VEHICLE, which shall be flatbed or slide-back, that is mounted on a 23,000 pound GVWR chassis and equipped with a four (4) ton winch. Should TOW CONTRACTOR desire to be placed on the Class "C" wrecker rotation list, TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS "C" TOWING/RECOVERY VEHICLE with the following specifications: Large wrecker with at least twenty-five (25) ton capacity, a GVW rating of at least 25,000 pounds, a cradle or tow plat or sling, and safety chains or wheel lift capability. 2. An extendible boom with a capacity of at least fifteen (15) tons; A twin power winch with a pulling capacity of at least twenty-five (25) tons. 4. At least two hundred (200) feet of 5/8 inch thick cable. 5. Air brakes with an auxiliary air supply. Class "C" TOW CONTRACTORS must have the ability to tow an aerial fire truck that is approximately 64,000 pounds GVW, any sanitation truck, and a Track Excavator that is approximately 30 tons. TOW CONTRACTOR shall own, lease, or mortgage and have immediate access to at least one (1) motorcycle trailer. EACH AND EVERY tow truck or recovery vehicle must be outfitted with the following supplies and equipment: 1. Operating clearance and marker lights, as well as any other equipment required by Florida Statutes, or any other laws or codes governing tow and recovery vehicles; 2. There shall be a rotor beam or strobe light, that is amber in color and mounted on the wrecker in such a manner that it can be seen from the front, rear and sides of the vehicle; 3. One (1) heavy-duty push broom; 4. A flood light on the hoist; 5. One (1) flat-nose shovel; 6. One (1) ax; 7. One (1) crowbar; 8. At least one (1), five (5) pound Carbon dioxide fire extinguisher with a current inspection tag. The fire extinguisher must be an approved type; 9. One (1) pair of bolt cutters; 10. One (1) set of jumper cables; 11. One (1) four-wait lug wrench; 12. One (1) high-intensity flashlight; 13. One (1) set of red highway reflectors; 14. Five (5) thirty minute flares; 15. Each wrecker and tow vehicle shall contain a telephone or radio communications system to enable continuous direct contact between the ddver and the office of TOW CONTRACTOR; and 16. Each vehicle shall be specifically designed, constructed and equipped for the towing of vehicles, and shall at all times, be propedy maintained in a mechanically safe condition. l0 3.0 To be awarded and to maintain a certificate of qualification, a Class "A"/"B" TOW CONTRACTOR shall have in operational condition at the time the certificate of qualification is awarded and for the duration of this agreement at least two (2) Class "A" wreckers, and one (1) Class "B" wrecker. Ho TOW CONTRACTOR shall have available at all times, sufficient equipment to perform all services required herein on a timely and responsible basis. TOW CONTRACTOR shall notify CITY in the event any of the required equipment, as set forth in this Agreement, is inoperable, sold, levied upon, repossessed or attached. STANDARDS OF CONDUCT FOR TOW CONTRACTORS. A. TOW CONTRACTOR shall comply with all laws, rules and regulations of any governmental agency having jurisdiction in the premises, including but not limited to, licensing and minimum safety requirements. Bo TOW CONTRACTOR shall be the holder of a general towing and wrecker service license issued by Palm Beach county and shall be the holder or any licenses required by Florida law and the City of Boynton Beach. Co Each wrecker shall be manned by a driver who must meet the following qualifications: Possesses a valid State of Florida required Commercial Drivers License (CDL); Possess knowledge of the layout of streets and roadways within the City of Boynton Beach; and Be physically qualified to perform the normal and everyday tasks required of a tow truck operator. Do TOW CONTRACTOR shall ensure that each driver operates the company's equipment in a safe and proper manner in accordance with operating manuals and Florida Statutes. Upon receipt of a complaint from the City of Boynton Beach Police Department on a driver's unsafe, unlawful or improper operation, documented corrective action must be taken by TOW CONTRACTOR. t! 4.0 STORAGE FACILITIES. TOW CONTRACTOR shall maintain a storage facility for all impounded vehicles. There shall be an outside, enclosed area and an inside storage area. All facilities shall be located within the city limits and be owned or leased by TOW CONTRACTOR. TOW CONTRACTOR's storage facilities cannot be relocated without written consent from CITY. Should TOW CONTRACTOR relocate without obtaining said consent, the relocation shall constitute a breach of this Tow Agreement. OFFICE FACILITIES. It shall be the duty of TOW CONTRACTOR to maintain office facilities: a. to include telephone and restroom facilities, and a work area containing, for example, a desk, phone, facsimile machine, computer, etc.; with a physical plant having the name of the company and the mailing address and 24-hour phone number clearly painted; that are accessible to CITY officials at anytime, 24 hours a day, 7 days a week; and that maintains a radio communication system at all times, 24 hours per day, 7 days a week. TOW CONTRACTOR shall not utilize any phone answering services(s), as said services are strictly prohibited under the terms of this Agreement, and use of such services shall constitute a breach thereof. OUTSIDE STORAGE a. Outside storage shall be kept and maintained to provide for the removal of junk, tires, and auto parts; the regular trimming of all shrubbery, bushes, trees and grass areas (along fence line and on property); and adequate drainage to prevent standing water. Outside storage areas must be protected by an enclosed solid wall or a substantial wire fence not less than six (6) feet in height. The top of such a fence or wall, including all gates, doors, or roofed open areas shall be equipped with not less than twelve (12) inches of barbed wire installed in such a manner as to discourage access over the top of such a fence or wall. All fences and walls shall be maintained in good repair throughout the term of this Agreernent. Any damage to such walls or fences shall be repaired within twenty-four (24) hours of its occurrence. o The area must have a vehicle storage capacity of at least twenty- five (25) vehicles. This storage will predominantly be utilized for accident tows, designated "HOLD," confiscated, and evidence vehicles. A secondary storage area may be located within a ten (10) mile radius of the City of Boynton Beach, and may be utilized for Code Enforcement-related tows. INSIDE STORAGE. TOW CONTRACTOR shall be capable of storing up to three (3) vehicles in inside storage, and shall maintain at least one (1) inside storage space that shall meet the following specifications: ao a working area of 9' X 20' per vehicle with at least an eight (8') foot high ceiling; bo a paved floor (i.e. concrete, asphalt) that is free from dirt, standing water and vegetation; Ce an electrical lighting source sufficient to permit processing of a vehicle; and d. one (1) outside window or a ventilation system. CRIME SCENE, CONFISCATED, SPECIAL "HOLD" STORAGE a. Any vehicle towed or stored as a result of the marked "HOLD" relative to a crime scene investigation shall be handled with gloves (i.e. cloth, rubber or leather) by the wrecker operator. bo Cdme scene vehicles shall be stored to prevent physical contamination or degradable evidence from deteriorating, and by inside storage. If inside storage is not available, CONTRACTOR shall surrender the tow and fee to the next Contractor in rotation. This shall not prevent CITY from removing the vehicle or trailer and storing it at a City-owned or controlled facility or at another Tow Contractor's storage compound. If laboratory work on a crime scene vehicle is required and the vehicle must be processed at the City of Boynton Beach Police Headquarters, the crime scene vehicle shall be transported to the City-designated location. do Vehicles which have been marked "HOLD" by the Police Department shall be stored at such compound for whatever period of time necessary, in order to properly process the vehicle and conduct any investigation necessary. 13 5.0 5.1 5.1.1 eo Confiscated vehicles or vehicles involved in litigation shall be protected from the elements, preferably at an inside storage facility, as to maintain the vehicle in its condition at the time of towing. This shall not prevent CITY from removing the vehicle and storing the vehicle at a City owned or controlled facility or at another Tow Contractor's facility. City of Boynton Beach Police Department personnel shall be permitted access to all such vehicles at all times. PERFORMANCE PROBATION PERIOD. A. A contractor awarded a Certificate of Qualification will be subject to a three (3) month probationary pedod. During this time, the contractor's performance will be evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the standards set forth in this Agreement, the City Commission may, upon the recommendation of City staff, by wdtten notice setting forth the default under the Agreement terms, revoke the Certificate of Qualification. If performance is acceptable at the end of the probationary period described herein, TOW CONTRACTOR will be so notified by the City. Should the City Commission revoke a Certificate of Qualification within the three (3) month probationary period, another Certificate of Qualification may be awarded to an eligible company as determined by the City Commission. ROLE OF CITY MANAGER AS TO PENALTIES. The City Manager for CITY shall have the power to formally reprimand TOW CONTRACTOR, suspend the Certificate of Qualification, suspend activities of TOW CONTRACTOR under the terms of this Agreement, recommend to the City Commission revocation of the Certificate of Qualification, and recommend to the City Commission that this Agreement with TOW CONTRACTOR be terminated. FORMAL REPRIMAND. Upon review of materials provided to him/her by City staff, the City Manager may issue a written reprimand to TOW CONTRACTOR for any act or omission, which in his/her sole discretion, is deemed to be a violation of this Agreement. A written reprimand for an act or omission in violation of the terms of this Agreement shall be grounds for recommending termination of the Certificate of Qualification should the City Manager deem such action to be appropriate under the circumstances. 14 5.1.2 5.1.3 5.1.4 REVOCATION. In the event any criteria for qualification established by this Agreement and Resolution R01- are violated by a Certificate Holder (TOW CONTRACTOR), CITY may serve written notice upon Certificate Holder of the recommended revocation of the Certificate of Qualification and/or termination of the Agreement. However, any and all liabilities of TOW CONTRACTOR and the surety for acts, omissions, or violations occurring prior to the date of cancellation shall not be affected, waived or otherwise as a result of the cancellation. In the event City Manager for CITY recommends revocation of the Certificate of Qualification and/or termination of the Agreement with TOW CONTRACTOR, such a recommendation shall be considered by the City Commission for CITY. COMPLAINTS AGAINST TOW CONTRACTOR. TOW CONTRACTOR hereby agrees that any complaints received by CITY concerning the performance of TOW CONTRACTOR's duties under this Agreement and otherwise shall be referred to the City Manager of the City of Boynton Beach. The failure of TOW CONTRACTOR to follow any subsequent reasonable instruction of the City Manager regarding any complaint will be considered a material breach of this Agreement and the awarded Certificate of Qualification, and shall be cause for termination thereof. REPUTABILITY. Lack of reputability shall be cause for revocation of a Certificate of Qualification and shall include, but not be limited to the following: Misstatements concerning the conviction of any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; Bo Retaining any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; Retaining any officer, employee or agent convicted of any felony or first degree misdemeanor directly related to the business and/or operation of a wrecker, when that person's civil rights have not been restored. For the purpose of this Agreement, any offense involving perjury, false statement or theft shall be considered to be directly related to the business operation of a wrecker. Retaining any officer, employee or agent convicted of the offense of driving under the influence of alcohol or any other controlled substance to the extent that normal faculties are impaired; of the offense of driving a vehicle and having an unlawful blood alcohol level; or of any other cdminal traffic offense. 15 5.1.5 SUSPENSION Should at any time during the term of this Agreement, including during any option terms, the tow company be in violation of any of the terms and conditions of this Agreement, the City Manager or his or her designated agent shall have the right to suspend the company until the violation is resolved to the satisfaction of City staff. If the violation is not promptly resolved or is of such a serious nature that the City Manager determines that suspension is inadequate, the City Manager reserves the right to recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR for cause. Should at any time during the term of this Agreement, including during any option terms, TOW CONTRACTOR or its principals become the subject of a criminal investigation, the City Manager shall have the dght to suspend TOW CONTRACTOR's Certificate of Qualification pending the outcome of any criminal investigation and trial, should one result. Upon the conclusion of a criminal investigation that does not result in criminal charges against TOW CONTRACTOR or its principals, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR, or the City Manager may lift the suspension, thereby reinstating the Certificate of Qualification to TOW CONTRACTOR. If an adjudication of guilt is entered against TOW CONTRACTOR at the conclusion of a trial or via plea bargaining with the State, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR or City Manager may reinstate. 6,0 COMMERCIALLY MANUFACTURED EQUIPMENT. A. Each tow truck, recovery vehicle and all equipment owned, leased, or mortgaged by TOW CONTRACTOR shall be commercially manufactured and shall conform to the requirements set forth herein or be approved by CITY or its designee. Each tow truck, recovery vehicle, and all equipment utilized by TOW CONTRACTOR shall be maintained in good mechanical condition at all times. Co Each tow truck, recovery vehicle, and all equipment is subject to inspection by CITY or its designee at all times during the term of this Agreement. No vehicle of TOW CONTRACTOR shall be used as an emergency vehicle, except when the circumstances justify the use of the vehicle in that manner. (i.e. flashing lights are to be used only when necessary). 6.1 7.0 8.0 9.0 10.0 MARKINGS. TOW CONTRACTOR agrees to have no markings on vehicles, buildings, or correspondence that indicates or tends to indicate any official relationship between TOW CONTRACTOR and the City of Boynton Beach. SITE CLEAN-UP. TOW CONTRACTOR shall, at no cost to CITY, the public or the owner of the towed vehicle or trailer, promptly remove all debris from the public street, sidewalks, parks, and property of CITY; and shall remove the same to a proper place for disposal if the accident scene is, will or has been served by TOW CONTRACTOR, its agents or employees. The owner of the vehicle or trailer towed may be charged pursuant to the rate schedules set forth in this Agreement for the clean-up of hazardous wastes, chemicals, construction debris and spilled loads. EMPLOYEES. TOW CONTRACTOR agrees to maintain, and upon request, provide to the City of Boynton Beach Police Department the following information on all officers, employees, agents, and servants, and to be responsible for keeping the information accurate and current: name, address, date of birth, driver's license number, social security number, and photograph. TOW CONTRACTOR agrees that the owner(s) of the company or the officers of the company, if a corporation, shall be personally responsible for the acts of their employees, while said employees areon-duty. TOW CONTRACTOR further acknowledges and agrees to notify its employees that CITY may run drivers license histories on any driver at any time with or without cause. TWO OR MORE APPLICATIONS UNDER DIFFERENT NAMES RECEIVED FROM ONE PROPOSER. If more than one application is submitted by any one proposer, by or in the name of his or their clerk, partner, or other persons, and it is determined by CITY staff that such applicant is under single, identical, or substantially the same ownership, all such applications will be rejected. If the above described dual ownership is not revealed* until the contract term has begun, said action shall constitute grounds for revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR. RESPONSE TIME. A. TOW CONTRACTOR shall, at the request of the CITY Police Department or other CITY official requesting tow truck service at any time of the day or night, arrive at the scene with the appropriate equipment within the following time limit depending upon the vehicle class requested: Do Eo Fo CLASS A CLASS B CLASS C 30 minutes from request 30 minutes from request 45 minutes from request TOW CONTRACTOR assumes all liability in meeting the required class response time, including but not limited to, any and all damages resulting from traffic accidents and motor vehicle infraction fines occurring after the response time limit has expired. In the event TOW CONTRACTOR fails to respond in a timely manner, the department of CITY requesting the service shall document the untimeliness, and forward said writing to the Agreement Administrator. The following penalties shall apply should any TOW CONTRACTOR fail to respond within the class response time set forth in Section 3.1(A) of this Agreement: Within a 12 month period 1. 1 st offense 2. 2nd offense 3. 3rd offense 4. 4th offense and greater Penalty Certified letter of warning One (1) week suspension One (1) month suspension Termination of Agreement with CITY and revocation of certificate of qualification TOW CONTRACTOR may appeal a suspension of two (2) months or more to the City Commission, and if TOW CONTRACTOR can show by substantial and competent evidence that extenuating circumstances beyond TOW CONTRACTOR's control caused the failure to timely respond, the suspension may be lifted by the City Commission. All appeals must be made in writing to the City Manager within thirty (30) days of the action, and shall fully set forth the basis for the appeal. Suspensions shall not be stayed during the any pending appeals. City Manager recommendation for termination of this agreement and revocation of the certificate of qualification under this section requires consideration and action by the City Commission. 18 11.0 12.0 13.0 SUBCONTRACTING. TOW CONTRACTOR shall not subcontract its services to secure additional wreckers or storage space required under this Agreement. TOW CONTRACTOR must own, lease, or mortgage the vehicles, equipment and storage space required under this Agreement. BENEFITS FROM REPAIRS. A. In the event TOW CONTRACTOR holding a certificate of qualification operates an automobile repair and/or automobile paint and body repair business, TOW CONTRACTOR shall provide written notification to the owner or representative of the owner of the vehicle towed under the provisions of this Agreement, that there is no obligation to have any automobile, vehicle or trailer repairs and/or automobile, vehicle or trailer paint and body work done by TOW CONTRACTOR. B. TOW CONTRACTOR shall notify CITY in writing of any and all repairs completed on vehicles, automobiles, trucks, and trailers by TOW CONTRACTOR towing a vehicle under the provisions of this Agreement. The written notification to vehicle owner that there is no obligation to have TOW CONTRACTOR undertake any repairs to the vehicle shall be included. INSURANCE REQUIREMENTS. A. TOW CONTRACTOR's liability insurance policies shall name the CITY as an additional insured. During the term of this Agreement, TOW CONTRACTOR shall have in effect insurance with those limits specified in this Section. Copies of said insurance policy or certificate of insurance must be furnished to CITY's Purchasing Department and Risk Management Department immediately after approval of Agreement by the City Commission. CITY may request proof of insurance or the name and phone number of insurer at any time during the term of the Agreement, and TOW CONTRACTOR must respond with said proof of insurance within five (5) days of the request. Failure to provide the proof of insurance required in this section or the name and phone number of insurer as requested shall result in automatic suspension of the certificate of qualification and may be grounds for termination of this Agreement with TOW CONTRACTOR. TOW CONTRACTOR shall supply CITY with a Certificate of Insurance for the coverages and limits as shown in this Section. A thirty (30) day cancellation clause in favor of CITY shall be included in the Policy and the Certificate. TOW CONTRACTOR, at its own cost and expense, shall keep in force at all times, and shall maintain the following during the terms of this Agreement: 1. Comprehensive General Liability Insurance with minimum limits of coverage of One Million ($1,000,000.00) Dollars per incident Combined Single Limit for Bodily Injury Liability and Property Damage Liability. 2. Automobile Liability Insurance coverage in the minimum amount of Three Hundred Thousand ($300,000.00) Dollars per person/per incident and property damage coverage of One Hundred Thousand ($100,000.00) Dollars per incident. 3. Garage Keeper's Legal Liability Insurance coverage in the minimum amount of Seventy-five Thousand ($75,000.00) Dollars to protect owners of any and all vehicles and trailers towed or stored by TOW CONTRACTOR pursuant to this Agreement, from any loss or damage to such vehicle or trailer on account of such removal or storage. TOW CONTRACTOR shall provide CITY with Certificate(s) of Insurance on all policies of insurance and renewals thereof in a form acceptable to CITY. Each policy shall provide that CITY is an additional insured, and that the CITY shall be notified by the insurer in writing of any cancellation at least thirty (30) days prior to the effective date of cancellation. Each and every insurance policy must be issued by companies acceptable to CITY's Risk Management, and licensed, qualified and authorized to do business in the State of Florida. All policies must be at lease six (6) months in duration. Each TOW CONTRACTOR shall show proof of the insurance required under this Section prior to the issuance of a Certificate of Qualification. TOW CONTRACTOR shall not commence operation under the term of this Agreement, until certification or proof of insurance, detailing terms and provisions of coverage, has been received, reviewed, and approved by Ho TOW CONTRACTOR agrees to maintain, at its own cost and expense, worker's compensation coverage required by the State. 13.1 TOW A. CONTRACTOR'S LIABILITY. TOW CONTRACTOR shall be liable for any towed vehicle and property contained therein. 20 TOW CONTRACTOR or its employee, representative, or agent shall inventory all personal property contained in each vehicle towed. The Tow companies are relieved of liability for property inside of the vehicle that was not listed on the inventory report completed by the officer on the scene. The inventory shall be made in triplicate and shall be signed by the person composing it. One copy shall be given to the owner or person in possession of the vehicle, or shall be securely attached to the vehicle; one copy shall be forwarded to the Boynton Beach Police Department, and the final copy shall be retained by TOW CONTRACTOR. 13.2 NON-LIABILITY OF CITY FOR TOWED VEHICLES. CITY shall not be responsible or liable in any manner whatsoever for either the collection or payment of any charges for services rendered, including towing and storage. 14.0 ACCESSIBILITY OF STORAGE FACILITIES. TOW CONTRACTOR agrees that all storage areas shall be accessible between the hours of 8:00 A.M. and 6:00 P.M., Monday through Friday and 9 A.M. and 12 PM, Saturday; therefore the Gate Fee shall not be charged during the applicable business hours. Authorized personnel of TOW CONTRACTOR shall be available during such times to assure that the obligations and services, including retrieval of stored vehicles by the public, required of TOW CONTRACTOR are available and fulfilled. Accordingly, there shall be no "gate fees" charged to the CITY for retrieving or gaining access to a vehicle in storage. There will be a $40.00 gate fee charged to any individual(s) or other entity retrieving a vehicle from storage. 14.1 PROTECTION OF VEHICLES AND PROPERTY. A. Vehicles and trailers stored in enclosed areas shall be stored under "lock and key." B. TOW CONTRACTOR shall protect all stored vehicles, and any evidence or personal property contained therein from theft and damage in accordance with all reasonable police department instructions and directives. TOW CONTRACTOR agrees to replace any such article(s) upon verification of the loss by the designated investigative agency representing the City of Boynton Beach or Palm Beach County. 14.2 INSPECTION OF FACILITIES. A. Storage facilities shall be subject to inspection and shall be approved by CITY prior to award of the Certificate of Qualification and the execution of this Agreement. Storage facilities shall be subject to periodic inspections during the term of Agreement when deemed necessary by the City 2! 14.3 Bo Manager's office or the CITY's Police Department. Notice of any deficiencies or violations of this Agreement discovered by CITY with respect to storage facilities shall be submitted to TOW CONTRACTOR in writing, and TOW CONTRACTOR shall remedy the same within ten (10) days of receipt of such notice. The Agreement may be terminated and the Certificate of Qualification revoked, or suspended at the option of the CITY. RELEASES OF VEHICLES AND PERSONAL PROPERTY. A. TOW CONTRACTOR agrees to release any vehicle or trailer which has not been marked "HOLD." Any vehicle or trailer marked "HOLD" shall not be released without the prior written consent of the City of Boynton Beach Police Department. All persons applying for release of the vehicle or trailer from TOW CONTRACTOR shall present adequate proof of ownership or right to possession. Upon release, TOW CONTRACTOR shall give a receipt and itemized statement indicating all charges related to the impounding of the vehicle or trailer to the owner or person entitled to possession. C. Rightful owners shall be able to retrieve their towed vehicle or trailer from TOW CONTRACTOR twenty-four (24) hours a day, seven (7) days a week, including legal holidays, provided the appropriate documentation has been filed. Any vehicle or trailer declared to be abandoned, junk or constituting a nuisance may only be released under the authority of the Boynton Beach Police Department. Eo Any customer contacting TOW CONTRACTOR by telephone or otherwise prior to customer's arrival at the storage site shall be advised of the following by TOW CONTRACTOR: 1. each and every document or other item needed to retrieve vehicle; 2. exact charges at the time of contact and any additional charges that may accumulate subsequent to contact and before retrieval; 3. acceptable methods of payment; and 4. the hours and days that the storage site is open for regular business. If all matters are in order, customer shall be returned to possession of the towed vehicle or trailer within thirty (30) minutes of the request. 14.4 14.5 15.0 PERSONAL PROPERTY LOSS. A. CITY shall not be responsible for any loss or damage to vehicles to trailers, to any personal property contained therein, or to any vehicle accessories, regardless of the cause of such damage or loss. TOW CONTRACTOR shall hold CITY harmless as to any claims, suits or actions alleging such loss or damage. Personal property found in vehicles or trailers that have been stored by TOW CONTRACTOR shall not be sold or disposed of in any way to defray any charges for storage or towing. TOW CONTRACTOR shall be held accountable for all personal property and vehicle accessories inventoried at the time the vehicle or trailer is towed, while the vehicle is stored at TOW CONTRACTOR's storage facility, and while TOW CONTRACTOR disposes of junk, abandoned and nuisance vehicles. TOW CONTRACTOR shall make restitution to owner for all such losses occurring by theft, fire, or other damage. DESTINATION OF TOWED VEHICLE. TOW CONTRACTOR shall not move any vehicle or trailer to any location (specified at time of tow) other than that designated by a CITY Police Officer or other authorized CITY representative, or owner or person in possession of vehicle. ALL CITY owned or leased vehicles towed from a location within Palm Beach County shall be towed, as requested to CITY property. Each and every vehicle towed from within the city limits shall be towed to a storage facility within the city limits of Boynton Beach, Florida, and shall remain at that location for at least seven (7) days. RADIO COMMUNICATION. A. All towing vehicles and wreckers must be equipped with two-way radio or telephone communication. The range of the communication system shall, at a minimum, extend throughout the Boynton Beach city limits. Accordingly, the base station for the above equipment must be strong and powerful enough to provide city-wide coverage. A citizens band radio is insufficient to meet this requirement. Bo Co Any radio communication shall, at no time, be tuned into any police frequencies. Guidelines of the Federal Communication Commission (FCC) shall prevail. TOW CONTRACTOR shall, at all times, have a competent employee(s) manning the communication system. 16.0 Eo TOW CONTRACTOR shall provide a 24-hour emergency telephone number to be answered by a TOW CONTRACTOR employee designated to respond to emergency calls for service. This service is in addition to the communication system required in subsections 4.5(A)-(D) above, and is necessary so that TOW CONTRACTOR can provide timely and efficient service 24 hours a day, seven days a week. REPORTS AND RECORD KEEPING. A. TOW CONTRACTOR shall make available upon request to the CITY's Police Department, weekly reports of vehicles and trailers towed at the request of the Police Department. The written reports will be designed and supplied by CITY and the following information shall be provided thereon: 1. 2. 4. 5. 6. 7. o 9. 10. Name and owner of driver; model and make of vehicle or trailer; license plate number; vehicle identification number; time, date and location of tow; circumstances requiring tow; whether or not a "HOLD" was placed on the vehicle by the Police Department; time dispatched to scene and time of arrival; storage facility where vehicle is stored; and the date, time and name of employee releasing the vehicle. Bo TOW CONTRACTOR shall make available upon request by the CITY's Police Department, a complete and detailed listing of all vehicles and trailers which have been impounded or stored for periods of thirty (30) days or more. Form to be provided by the CITY. Any vehicle or trailer that has not been claimed for a period of thirty (30) days from the towing of the vehicle, shall be reported in writing to the Police Department. Co Services related to CITY owned or leased vehicles or trailers shall be logged and forwarded by TOW CONTRACTOR on a monthly basis to the CITY Public Works Director. All such logs shall identify the vehicle or trailer towed, the location from which it was towed, and the hours and dates applicable to TOW CONTRACTOR's services with respect to those vehicles or trailers. The "service ticket" shall include the signature of the authorized CITY employee approving towing of the CITY vehicle or trailer. TOW CONTRACTOR shall provide such information, until such time as a form is provided to it by CITY, which then must be completed by TOW CONTRACTOR. Do TOW CONTRACTOR shall maintain at its place containing the following information: 24 of business records Fo a vehicle storage receipt of each vehicle on the premises; a monthly log of all calls for service by the Police Department; a notification log indicating the date, time and method of notification to the registered owner of the stored vehicle or trailer; and A daily log setting forth a list of all vehicles towed, as well as information on each vehicle as required by Section 5.0(A) of this Agreement. INSPECTIONS. 1. TOW CONTRACTOR shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services relative to this Agreement. 2. TOW CONTRACTOR shall make available for inspection by authorized CITY personnel the compounds and storage facilities required herein. 3. In order to facilitate inspection and audits by authorized CITY personnel, records maintained by TOW CONTRACTOR relative to services provided under this Agreement shall be kept separate and apart from other company records. RECORDS RETENTION AND RIGHT TO ACCESS. TOW CONTRACTOR shall preserve and make available for inspection and/or removal for the purpose of copying, all financial records related to performance and billing under the terms of this Agreement, upon five (5) days prior notice. All records shall be maintained for a period of three (3) years after termination of this Agreement. If an audit has been initiated within that three (3) year period, but findings from the audit have not been resolved, the records shall be retained and maintained until resolution of audit findings. For monitoring purposes, TOW CONTRACTOR shall submit to CITY's Tow Agreement Monitor, upon request, a log sheet detailing each tow made by TOW CONTRACTOR during that month, as well as the amount charged and service given for each tow. A copy of the invoice for each tow should accompany the monthly report. Failure to comply with the provisions and requirements of Section 5.0 of this Agreement shall result in suspension from the wrecker rotation until such time as TOW CONTRACTOR corrects such noncompliance. Should TOW CONTRACTOR fail to comply with any of the provisions of this section may, in the discretion of the City Manager, warrant recommending to the City Commission termination of the Certificate of Qualification and Agreement with TOW CONTRACTOR. 17.0 CODE A. ENFORCEMENT CASES. When vehicles or trailers are towed from public property, including right-of- ways, after the appropriate notification, TOW CONTRACTOR has the option of destroying the vehicle or keeping it safe for sale pursuant to Sections 713.78 and 715.05, Florida Statutes. TOW CONTRACTOR must proceed in accordance with the provisions set forth in Sections 713.78 and 713.05, Florida Statutes. Any breach thereof shall constitute a breach of this Agreement. When vehicles or trailers are towed from private property after receiving the appropriate notification, TOW CONTRACTOR must store the vehicle or trailer for a minimum pedod of thirty-five (35) days, after which time TOW CONTRACTOR has the option to destroy or sell the vehicle or trailer pursuant to Section 713.78, Florida Statutes. 18.0 NON-EXCLUSIVITY OF SERVICES. A. The owner or person in possession of the vehicle or trailer which has been involved in an accident or which has been incapacitated in any other manner shall be given the opportunity to contact a wrecker or tow company of his/her choice, as long as the disabled vehicle does not create a hazardous condition and a reasonable response time can be expected. Said person shall also be given the opportunity to have the vehicle or trailer towed to a garage or compound of his/her choice. Bo CITY shall not be liable for any charges for moving, towing, and storage of any vehicle or trailer; nor shall CITY be liable for any damages to any vehicle or trailer resulting from TOW CONTRACTOR's acts or omissions. All vehicles and trailers towed under the request of the CITY, including but not limited to the City's Police Department, Code Enforcement Department, Public Works Department, Fire Department, shall be governed by this section. 19.0 INDEMNIFICATION AND HOLD HARMLESS CLAUSE. TOW CONTRACTOR shall defend, indemnify and save CITY, its agents, employees, and police department harmless from and against any and all claims, suits, actions, damages or causes of action whatsoever arising during the term of this Agreement, caused by any act or omission of TOW CONTRACTOR involving bodily injury, loss of life or damage to property, sustained as a result of TOW CONTRACTOR's duties; and from all costs, attorney's fees, expenses, liabilities, causes of action, investigations, and any administrative or legal proceedings brought therefrom; and from and against all orders, judgments or decrees which may be entered therein. 26 20.0 21.0 22.0 23.0 24.0 TOW CONTRACTOR shall further defend CITY, its agents, employees and police department in any action brought as a result of the items set forth in this section, and related to performance of this contract by TOW CONTRACTOR. In the event any litigation or other legal proceedings shall arise from this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and all costs and expenses incurred therein. NON-DISCRIMINATION. TOW CONTRACTOR hereby agrees and acknowledges that in the performance of this Agreement, it will not discriminate, or tolerate or permit discrimination on the basis of race, religion, gender, age, handicap, marital status, political affiliation, national origin, or otherwise with respect to its hiring practices and in the performance of the terms of this Agreement. POSTING AND PROVIDING CHARGES OF SERVICES. 1. TOW CONTRACTOR shall prominently post in a conspicuous location at its storage facilities and on its tow vehicles and wreckers, a list of charges, as set forth herein. A list of such charges shall also be printed and such charges shall be provided to the owner or person lawfully in possession of each vehicle and trailer towed by TOW CONTRACTOR. TOW CONTRACTOR shall not charge for any service that exceeds such posted or listed amount, nor shall TOW CONTRACTOR perform any service that is not deliniated on such posted or listed schedule without giving the owner or person lawfully in possession a written estimate of the amount that will be due and payable upon completion of the unposted or unlisted service. COMPLIANCE WITH LAWS. This Agreement shall be governed by all federal, state, and local laws, regulations, ordinances, and codes, as amended from time to time, and as set forth by any other regulatory agency, including but not limited to, any and all municipal codes, ordinances, or regulations which may govern CITY as a Florida municpal corporation. NON-ASSIGNABILITY. The Certificate of Qualification shall not be assigned, sold or transferred in any manner whatsoever. DISPOSAL OF VEHICLES. Should TOW CONTRACTOR, as a result of this Agreement, have in its possession any vehicle, trailer, or personal property from therein for a period in excess of ninety (90) days, and be ordered to relinquish such vehicle, trailer or personal property to the City of Boynton Beach Police Department, 27 25.0 26.0 27.0 TOW CONTRACTOR agrees to do so with no additional charges to CITY, other than that specified in this Agreement. MODIFICATION OF THIS AGREEMENT. No waiver or modification of this Agreement or any covenant, condition, provision, or limitation contained therein shall be valid absent the execution and approval of a written addendum executed by both parties. No evidence of any waiver or modification shall be offered or received into evidence in any proceeding, arbitration or litigation between the parties to this Agreement, unless such waiver or modification is duly executed as set forth in this Section. ETHICS AND CONDUCT. TOW CONTRACTOR hereby agrees to conduct operations under this Agreement in a courteous, orderly, ethical and businesslike manner. As it is recognized by both parties that this Agreement is sensitive in nature and requires TOW CONTRACTOR and its personnel and employees to work with the public on a daily basis, TOW CONTRACTOR is required to extend common courtesies, including but not limited to: A. Expedite release of vehicle in accordance with the terms of this Agreement; B. Assist the vehicle or trailer owner in retrieving documents from the vehicle or trailer to establish ownership; C. Permit the owner to remove the auto tag and any unattached personal possessions; D. Explain fully and politely the reason for the tow and all charges levied; and E. If a dispute occurs, TOW CONTRACTOR shall attempt to resolve the dispute promptly and politely. If it cannot be resolved satisfactorily, the dispute shall be reported to the City Manager's Office no later than the next business day. WRECKER ROTATION LIST PROCEDURE. A. Purpose. The purpose of the wrecker rotation is to have in place a procedure for wrecker call-out on a per incident basis (except Code Enforcement). An index card system is utilized and maintained by the CITY's Communication Division. Procedure. 1. Card System. a. Index cards will be arranged in a four-card file system, as follows: i. Class "A" and "B" Wrecker Companies; ii. Class "C' Wrecker Companies; and iii. Code Enforcement Wrecker Companies (all Class "A"/"B" TOW CONTRACTORS required to participate). iv. City Vehicles TOW CONTRACTORS will be filed in alphabetical order, according to corporate name. A TOW CONTRACTOR will be called in rotation order from the card file on a per incident basis. Wrecker Response. a. If TOW CONTRACTOR is unable to respond to a call for service, TOW CONTRACTOR will be moved to the end of the list, thereby forfeiting that rotation. b. The CITY official, agent or employee on the scene requesting the wrecker or tow shall determine whether a wrecker remains on the top of the rotation list in the event of cancellation or other circumstances where the wrecker is not used. Said CITY official shall notify the Communications Division upon cancellation of the tow and the tow company will retain their position on the rotation list. c. The next tow company in the rotation will be contacted in the event TOW CONTRACTOR cannot be reached by the CITY's Communications Division or TOW CONTRACTOR has failed to respond within a reasonable time to a hazardous scene. The City official, agent or employee shall determine, based on his sole discretion, whether the response time was excessive. d. During the midnight shift, the CITY will reconcile logs on a daily basis, and will gather any reports of problems or incidents that were brought to the attention of the dispatch supervisor, who shall forward the same to the Tow Agreement Monitor within the CITY's Police Department. Rotation Tracking. a. A manual log will be used by CITY to track all vehicle or trailer tows to include rotation wreckers. b. The log shall contain the date and time of the tow, the tow company, the CITY officer, agent or employee, dispatch, case number, remarks, and a computer check. c. Specific requests from the vehicle or trailer owner or person lawfully in possession will not be charged against the rotation schedule. The request shall be logged as such by CITY in the manual log. If an owner's request cannot be honored for any reason whatsoever, a rotation wrecker will be contacted and so charged on the rotation schedule. Knowledge of Position on Rotation List. a. TOW CONTRACTOR is responsible for knowing its position on the wrecker rotation list. CITY will not provide this information over the telephone. b. The rotation list is public record pursuant to Chapter 119, Flodda Statutes, and is available for inspection, by appointment, during regular business hours. 28.0 CODE ENFORCEMENT TOWING PROCEDURE. A. Purpose. Standard operating procedure is to be utilized for the removal of vehicles or trailers deemed to be abandoned, unregistered or wrecked as described in Section 10-52, City of Boynton Beach Code of Ordinances. The towing of these vehicles are to be at no charge to the CITY. Bo Procedure. 1. Tow List. a. Tow lists can be picked up at the front desk of the the CITY's Police Department on the 1st, 10th, and 20th day of each month. All tow lists must be returned to the front desk no later than midnight of the last day of the month. b. Results of the status of each vehicle or trailer will be noted on the list (i.e. towed, gone-on-arrival, or currently licensed). c. Those vehicles or trailers whose status is not verified will automatically roll-over to the next month's tow list. d. Each TOW CONTRACTOR represented in the rotation system shall supply the name of and accessible contact person and that person's phone number to the Police Department employee responsible for the tow list. Rotation. a. Wrecker companies shall rotate Code Enforcement tows on a monthly basis. b. TOW CONTRACTOR is required to notify CITY's Code Enforcement Department and the employee responsible for the tow list, at least ten (10) days in advance of its month do undertake Code Enforcement tows, if said TOW CONTRACTOR is unable to perform such tows as requested by CITY. In the event TOW CONTRACTOR is unable to perform, it shall be moved to the end of the Code Enforcement Rotation, and may be subject to penalties as ° provided in this Agreement. 3O 29.0 29.1 29.2 Co TOW CONTRACTOR's failure to perform Code Enforcement tows for more than two (2) months during any twelve (12) month period may result in suspension from ALL tow lists for a period of time as determined under the sole discretion of the CITY's City Manager. Co CITY hereby reserves the right to modify the rotation schedule or procedure for Code Enforcement tows under this section of the Agreement in an effort to improve upon the procedure to place code enforcement tows in the regular rotation or otherwise. TERM OF AGREEMENT. This Agreement shall take effect as of the date the Agreement is ratified by Resolution of the City of Boynton Beach City Commission, and shall have a term of two (2) years from that date. This Agreement shall be automatically renewed for one (1) additional year, unless either party provides wdtten notice via certified mail to the other party within thirty (30) days of the end of the yearly term, that the Agreement shall be terminated at the end of the term. INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that TOW CONTRACTOR is an independent contractor under this Agreement and not the CITY's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. TOW CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out TOW CONTRACTOR's activities and responsibilities hereunder. TOW CONTRACTOR agrees that it is a separate and independent enterprise from the CITY; that it has full opportunity to find other business; that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the TOW CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by TOW CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. NOTICE. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, 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. 3t For the present, the TOW CONTRACTOR and the CITY designate the following as the respective places for giving of notice: CITY: City Manager City of Boynton Beach P.O. Box 310 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 TOW CONTRACTOR: SCOTT'S TOWING & RECOVERY, INC. 359 INDUSTRIAL AVE. BOYNTON BEACH, FL 33426 29.3 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. 29.4 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. 29.5 GOVERNING LAW. The terms and conditions of this Agreement shall be governed by and interpreted under the laws of the State of Florida. Venue for the purposes of any litigation arising out of this agreement shall be in Palm Beach County, Florida. 29.6 EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between CITY and TOW CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. CITY OF !I~OYNTON BEACH, FLORIDA Signed, sealed and witnessed ~~ayor/ ~ in the presence of: , ~ :..- .... ,. ///, Attest4~-'".. ~o ~'¥ re, --' .~'( .......... '4, ~ in ~e presence of: ~ - State of Flo~da County of Palm Beach ) ) Approved as to Form: ~. City Attorney CONTRACTOR Pr nt or ~ice President Attest ~ to CO~CTOR On this ~:~ day of O c---'"~'' , 200 X, personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instnnnent and has acknowledged before me that they have executed same. My Commission Expires: WP~.GMTS\Towing Agreement 33 CERTIFICATE OF QUALIFICATION The City of Boynton Beach, hereby issues this Certificate of Qualification to the following company, and hereby certifies that the company named in this certificate is qualified to perform towing services pursuant to the Towing Service Contract approved by the Boynton Beach City Commission pursuant to the adoption of Resolution 01-256. COMPANY NAME: ADDRESS: JORDAN WRECKER SERVICE 905 N. Raikoad Avenue Boynton Beach, Florida 33435 PHONE NUMBER: (561) 733-5313 CONTACT PERSON: Robert Robinson City Manager ATTEST: KURT BRESSNER CITY MANAGER 80YNION BEACH, FL and AGREEMENT THIS IS AN AGREEMENT, dated the 20th day of September 2001, between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", JORDAN WRECKER SERVICE, INC. hereinafter referred to as "TOW CONTRACTOR". WlTNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and TOW CONTRACTOR agree as follows: SPECIAL TERMS AND CONDITIONS 1.0 RATES. The rates herein have previously been established and approved by the Boynton Beach City Commission and will remain firm and fixed for the term of this Agreement. The rates charges by TOW CONTRACTOR to provide all labor, tools, materials, and equipment shall not be greater than the applicable maximum rates as provided by this Agreement. 1.1 APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY CITY These rates are the only rates that will be charged vehicle owners under this Agreement: TOWING BY ITEM DESCRIPTION (1) Class A (cars, vans, light trucks under 10,000 GVW) within City limits; $90.00 per call (2) Motorcycles within the City limits; $90.00 per call (3) Towing outside the City limits for cars, vans, motorcycles, and light trucks 3/4 and less; an additional $3.00 per towed mile from the City limits (4) (5) (6) (7) (8) (9) Class B (vehicles 10,000 to 30,000 GVW) within the City limits; Towing outside the City limits for Class B vehicles; Class C vehicles (over 30,000 GVW) within City limits; Class C vehicles outside City limits; Additional time at the scene after first hour, per 1/2 hour thereafter (applied to all vehicles, cars, vans, and trucks under and over 3/4 ton, for waiting and extra street clean-up. This provision shall not apply in conjunction with vehicle recovery under Section 1.2(C). Miscellaneous other charges 4 X 4/off-road vehicle recovery Tarp fee Lowboy service Outside the City limits $175.00 per call an additional $4.00 per towed mile from the City limits $200.00 per call an additional $8.00 per towed mile from the City limits $40.00 per half hour $95.00 for the first hour, and $30.00 per half hour thereafter $35.00 per call $175.00 per hour an additional $6.00 per towed mile from City limits Underwater recovery salvage divers $125.00 for first half hour or part thereof, and $31.00 for each additional 1/4 hour or part thereof. (10) For purposes of this Agreement, when CONTRACTOR is entitled to additional charges based on time spent at the scene, unless otherwise specified, CONTRACTOR shall apportion the charge set forth herein to be consistent with the actual time spent on the scene. Bm STORAGE AND LIEN NOTICE (1) Cars, vans, trucks under 3/4 ton Outside storage Inside storage $25.00 per day $30.00 per day (2) Trucks and vehicles over 3/4 ton Outside storage Inside storage $35.00 per day $40.00 per day (3) Motorcycles Outside storage Inside storage $15.00 per day $20.00 per day (4) Boat and trailer (21 feet and under) Outside storage Inside storage $17.00 per day $22.00 per day (5) Boat and_trailer (over 21 feet) $30.00 per day (6) Lien notice (after 24 hours of storage) $40.00 per vehicle Per Flodda Statutes, no storage fee shall be charged to the vehicle owner for a vehicle stored less than six (6) hours. "Per day" shall be defined as a twenty-four (24) hour period or any part thereof. VEHICLE RECOVERY The following vehicle recovery fees may be charged to the vehicle owner when the vehicle is overturned, embedded in sand, mud, or water, or requires more than a single hook-up: Class A and B wrecker on the scene; $90.00 per hour and $30.00 per each half hour after the first hour (2) Extra man (each) on the scene $35.00 per hour D= ROAD SERVICE For all trucks, cars, vans and other vehicles under and over 3/4 ton, a road service fee of $40.00 per call may be charged to the vehicle owner for services such as assisted start, unlocking a door, delivering gas, tire changes, etc. 1.2 APPROVED TOWING RATES - CITY OWNED OR CITY LEASED VEHICLES A. All CITY owned or CITY leased vehicles under the 3/4 ton Class "A" wrecker will be towed at forty (40%) percent the Class "A" rate, as indicated in Section 1.11 of this Agreement. All CITY owned or CITY leased vehicles under 3/4 ton requiring road service as indicated in Section 1.11 of this Agreement will receive such services at forty (40%) percent of the road service rate. All vehicles towed at the request of the Boynton Beach Police department as a crime scene vehicle, confiscated vehicle, forfeited vehicle, or in any other way related to police business will be towed at forty (40%) percent of the contract rate and will be stored for forty (40%) percent of the contract storage rate as stated in Section 1.11 of this Agreement. All CITY owned or CITY leased vehicles towed under Class "B" or Class "C" will be towed at forty (40%) percent of the appropriate Class "B" or "C" rate as set forth in Section 1.11 of this Agreement. All vehicles towed at the request of Code Enforcement, or any other department of CITY in connection to City business, shall be towed at forty (40%) percent of the contract rate and will be stored at forty (40%) percent of the contract rate, as set forth in Section 1.1 of this Agreement. City shall not be assessed any waiting time charges, whatsoever. 4 1.3 2.0 Go Companies will not lose position on rotation when called for tow of City owned vehicle. SPECIAL AND ADDITIONAL CHARGES A. WAITING TIME. The cost for waiting time shall not be assessed by TOW CONTRACTOR until forty-five (45) minutes after arrival at the scene. LABOR CHARGES. The cost for labor under any circumstances and when applicable shall not be assessed by TOW CONTRACTOR until forty-five (45) minutes have expired after arrival at the scene. Labor charge must be cleady shown on the tow receipt with a written explanation of the labor charge. Co LABOR CHARGES PROHIBITED. The cost for labor shall not be assessed to CITY or Customer under any circumstances for the clean-up and removal of vehicle parts and debds, regardless of the labor and time necessary to complete clean-up and removal. Labor to the general public will be reviewed within six (6) months of the effective date of this contract. Do SERVICE CALL. TOW CONTRACTOR agrees that the mere response to a service call scene without other action does not constitute a service for which charges may be assessed to the vehicle owner. Eo DOCUMENTATION OF SPECIAL AND ADDITIONAL CHARGES. TOW CONTRACTOR will document in detail on the tow receipt the reason(s) for waiting time charges and the work performed for assessed labor charges. TOW CONTRACTOR agrees that the special or additional charges may be disputed by CITY officials and/or the vehicle owner or representative. TOW CONTRACTOR further agrees that the City Manager or his/her designee will make the final determination on the assessment of a disputed special and additional charge, and that TOW CONTRACTOR shall abide by the decision of the City Manager or his/her designee. CONSIDERATION FOR AWARD AND AWARD PROCEDURES A. A certificate of qualification shall be granted to the best responsible applicants meeting the specifications set forth herein, which serve the best interests of the CITY based upon the following criteria: the ability of the applicant to provide the required services with regard to the extent and condition of equipment and facilities, record keeping procedures, competency of staff, financial support, and exceptions taken to contract terms, conditions and specifications; 2.1 experience, qualifications, training and past performance of each proposed towing company's owners and officers, and persons directly involved in managing the service on a regular basis; substantiated complaints received by CITY or Palm Beach County Consumer Affairs concerning misconduct on the part of the proposed towing company, such as excessive charges, poor business practices, damage to vehicles, extensive involvement in litigation will be considered and shall weigh heavily against each applicant. Bo Evaluation of applications will be conducted by a committee of City staff who shall evaluate all responsive applications received from applicants meeting or exceeding the contract specifications based upon the information and references contained in the applications. The committee shall also consider the inspection of the applicant's facilities, equipment, record keeping, and employees. The committee will then make recommendations to the City Manager in the form of a list of proposed tow company applicants. The City Manager shall then turn over his/her recommendation to the City Commission. The City Commission reserves the right, based upon its deliberations and its opinion, to award a certificate of qualifications. ELIGIBILITY. A. To be eligible to respond to this RFQ, TOW CONTRACTOR shaft be regularly engaged in the towing business on a full-time basis in Palm Beach County and the City of Boynton Beach, and shaft be able to produce evidence or prior experience in providing similar services continuously for the past two (2) years (one year of which must have been within Palm Beach County, Florida). TOW CONTRACTOR shall have satisfactory financial support, required equipment and organization sufficient to ensure that TOW CONTRACTOR can satisfactorily execute the services, if granted a contract, under the terms and conditions stated herein. In the event litigation arises out of the CITY's failure to select a particular applicant, damages, if any, shall be limited to actual preparation costs incurred by the challenging party. The terms "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well established company as determined, approved or ratified by the Boynton Beach City Commission. TOW CONTRACTOR shall have an office and storage facility within the city limits of the City of Boynton Beach at the time the proposal is submitted for CITY's review. The storage facility shall be in full compliance with the terms of this Agreement, and shall be maintained as such at all times dudng the duration of this Agreement. TOW CONTRACTOR agrees that it will, at its sole cost and expense, if selected, fulfill and comply with all laws, ordinances, codes, regulations and requirements of the City of Boynton Beach, Palm Beach County, the State of Florida, the United States of America, and any and all governmental agencies having jurisdiction over the providing of services as contemplated in this Agreement. TOW CONTRACTOR must maintain at all times, any licenses or permits required by the State of Florida, Palm Beach County and the City of Boynton Beach in order to conduct business as a wrecker or tow service. Proof of said license shall be submitted prior to the approval of this Agreement. G. TOW CONTRACTOR shall be licensed to do business in the City of Boynton Beach pursuant to Chapter 13 of the Boynton Beach Code of Ordinances. At all times during the term of this Agreement, TOW CONTRACTOR, its subsidiaries, agents, employees or representatives shall only appear on the rotation list once. Under no circumstances shall a Tow Contractor who has a business, financial or legal relationship with another Tow Contractor be permitted to have more than one place on the rotation list. If and whenever a tow contractor obtains Class "C" certification(s), that Contractor will be included in the Class "C" Rotational Basis. In order to be placed on the Class "C" Rotational Basis, the Towing contractor must submit proof of their certification to the City of Boynton Beach and follow all procedures that are currently in place for Class "C" tow contractors as stated in the Towing Agreement. 2.2 APPLICATION REQUIREMENTS. All applications shall be submitted as specified on the application pages. Any attachments must be clearly identified. To be considered, the application must respond to all parts of the RFP. Any other information thought to be relevant, but not applicable to the enumerated categories, should be provided as an appendix to the proposal. If publications are supplied by an applicant to respond to a requirement, the response should include a reference to the document number and page number. This will provide a quick reference for the evaluators of the application. Applications failing to provide this reference will be considered to have no reference material included in the additional documents. ALL SUBMITTED MATERIALS BY PROPOSED TOW CONTRACTORS MUST BE TYPED. NO HANDWRITTEN MATERIALS WILL BE ACCEPTED ANY HANDWRI ~ ~ EN APPLICATIONS THAT ARE RECEIVED WILL BE AUTOMA TICALL Y DISQUALIFIED AND WILL NOT BE CONSIDERED. 2.3 GENERAL SPECIFICATIONS. A. TOW CONTRACTOR shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services rendered relative to the subject Agreement. Bo TOW CONTRACTOR shall fumish towing service for the removal of vehicles within the City of Boynton Beach when required and when dispatched or required by the City of Boynton Beach Police Department (or other CITY authorized representative in the case of city-owned or city leased vehicles). Such services shall be made available on a twenty-four (24) hour basis. CITY shall be given preference only for calls by the Police Department. Co TOW CONTRACTOR shall maintain adequate storage space within the City for said vehicles when towed. Said storage facilities shall meet the minimum requirements set forth in this Agreement. At an accident scene, TOW CONTRACTOR shall remove from the street and surrounding area all broken glass and other debris resulting from the accident. Eo CITY shall have the right to cancel a request for tow company service up until the time that a wrecker is hooked onto a vehicle and ready for transport to the storage facility. However, if the tow is cancelled, the tow company will retain their position in the rotation. 2.4 SPECIFICATIONS FOR WRECKERS. The CITY agrees to maintain three (3) wrecker rotation lists, as follows: 1. Class "A"/"B" List; 2. Class "C" List; and 3. Code Enforcement List (mandatory for all Class "A"/"B" tow contractors). TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to two (2) CLASS "A" TOWING/RECOVERY VEHICLES with the following specifications: Small wreckers with a minimum four (4) ton capacity, with a minimum GVW rating of 10,000 pounds and equipped with a cradle, or tow plat, or sling, and safety chains. 8 2. Boom capacity greater than or equal to four (4) tons. 3. Power winch with a pulling capacity of at least four (4) tons. At least One hundred (100) feet of 3/8-inch thick (or greater) cable with an end hook. One of the required Class "A" wreckers must be a flatbed truck roll- back or slide-back, with a minimum four (4) ton capacity, a GVW rating of at least 10,000 pounds, with at least (4) ton winch pulling capacity, a fiat bed seventeen to twenty (17-20) feet in length, and at least fifty (50) feet of 3/8 inch cable. TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS "B" TOWING/RECOVERY VEHICLE, which shall be flatbed or slide-back, that is mounted on a 23,000 pound GVWR chassis and equipped with a four (4) ton winch. Should TOW CONTRACTOR desire to be placed on the Class "C" wrecker rotation list, TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS "C" TOWING/RECOVERY VEHICLE with the following specifications: Large wrecker with at least twenty-five (25) ton capacity, a GVW rating of at least 25,000 pounds, a cradle or tow plat or sling, and safety chains or wheel lift capability. 2. An extendible boom with a capacity of at least fifteen (15) tons; A twin power winch with a pulling capacity of at least twenty-five (25) tons. 4. At least two hundred (200) feet of 5/8 inch thick cable. 5. Air brakes with an auxiliary air supply. Class "C' TOW CONTRACTORS must have the ability to tow an aerial fire truck that is approximately 64,000 pounds GVW, any sanitation truck, and a Track Excavator that is approximately 30 tons. TOW CONTRACTOR shall own, lease, or mortgage and have immediate access to at least one (1) motorcycle trailer. EACH AND EVERY tow truck or recovery vehicle must be outfitted with the following supplies and equipment: Operating clearance and marker lights, as well as any other equipment required by Florida Statutes, or any other laws or codes governing tow and recovery vehicles; There shall be a rotor beam or strobe light, that is amber in color and mounted on the wrecker in such a manner that it can be seen from the front, rear and sides of the vehicle; 3. One (1) heavy-duty push broom; 4. A flood light on the hoist; 5. One (1) fiat-nose shovel; 6. One (1) ax; 7. One (1) crowbar; At least one (1), five (5) pound Carbon dioxide fire extinguisher with a current inspection tag. The fire extinguisher must be an approved type; 9. One (1) pair of bolt cutters; 10. One (1) set of jumper cables; 11. One (1) four-wait lug wrench; 12. One (1) high-intensity flashlight; 13. One (1) set of red highway refiectors; 14. Five (5) thirty minute flares; 15. Each wrecker and tow vehicle shall contain a telephone or radio communications system to enable continuous direct contact between the driver and the office of TOW CONTRACTOR; and 16. Each vehicle shall be specifically designed, constructed and equipped for the towing of vehicles, and shall at all times, be propedy maintained in a mechanically safe condition. ]0 3.0 Ho To be awarded and to maintain a certificate of qualification, a Class "A"/"B" TOW CONTRACTOR shall have in operational condition at the time the certificate of qualification is awarded and for the duration of this agreement at least two (2) Class "A" wreckers, and one (1) Class "B" wrecker. TOW CONTRACTOR shall have available at all times, sufficient equipment to perform all services required herein on a timely and responsible basis. TOW CONTRACTOR shall notify CITY in the event any of the required equipment, as set forth in this Agreement, is inoperable, sold, levied upon, repossessed or attached. STANDARDS OF CONDUCT FOR TOW CONTRACTORS. A. TOW CONTRACTOR shall comply with all laws, rules and regulations of any governmental agency having jurisdiction in the premises, including but not limited to, licensing and minimum safety requirements. TOW CONTRACTOR shall be the holder of a general towing and wrecker service license issued by Palm Beach county and shall be the holder or any licenses required by Flodda law and the City of Boynton Beach. Each wrecker shall be manned by a driver who must meet the following qualifications: Possesses a valid State of Florida required Commercial Drivers License (CDL); Possess knowledge of the layout of streets and roadways within the City of Boynton Beach; and Be physically qualified to perform the normal and everyday tasks required of a tow truck operator. TOW CONTRACTOR shall ensure that each ddver operates the company's equipment in a safe and proper manner in accordance with operating manuals and Florida Statutes. Upon receipt of a complaint from the City of Boynton Beach Police Department on a ddver's unsafe, unlawful or improper operation, documented corrective action must be taken by TOW CONTRACTOR. ll 4.0 STORAGE FACILITIES. TOW CONTRACTOR shall maintain a storage facility for all impounded vehicles. There shall be an outside, enclosed area and an inside storage area. All facilities shall be located within the city limits and be owned or leased by TOW CONTRACTOR. TOW CONTRACTOR's storage facilities cannot be relocated without written consent from CITY. Should TOW CONTRACTOR relocate without obtaining said consent, the relocation shall constitute a breach of this Tow Agreement. OFFICE FACILITIES. It shall be the duty of TOW CONTRACTOR to maintain office facilities: a. to include telephone and restroom facilities, and a work area containing, for example, a desk, phone, facsimile machine, computer, etc.; with a physical plant having the name of the company and the mailing address and 24-hour phone number cleady painted; Co that are accessible to CITY officials at anytime, 24 hours a day, 7 days a week; and that maintains a radio communication system at all times, 24 hours per day, 7 days a week. TOW CONTRACTOR shall not utilize any phone answering services(s), as said services are strictly prohibited under the terms of this Agreement, and use of such services shall constitute a breach thereof. OUTSIDE STORAGE a. Outside storage shall be kept and maintained to provide for the removal of junk, tires, and auto parts; the regular tdmming of all shrubbery, bushes, trees and grass areas (along fence line and on property); and adequate drainage to prevent standing water. Outside storage areas must be protected by an enclosed solid wall or a substantial wire fence not less than six (6) feet in height. The top of such a fence or wall, including all gates, doors, or roofed open areas shall be equipped with not less than twelve (12) inches of barbed wire installed in such a manner as to discourage access over the top of such a fence or wall. All fences and walls shall be maintained in good repair throughout the term of this Agreement. Any damage to such walls or fences shall be repaired within twenty-four (24) hours of its occurrence. The area must have a vehicle storage capacity of at least twenty- five (25) vehicles. This storage will predominantly be utilized for accident tows, designated "HOLD," confiscated, and evidence vehicles. A secondary storage area may be located within a ten (10) mile radius of the City of Boynton Beach, and may be utilized for Code Enforcement-related tows. INSIDE STORAGE. TOW CONTRACTOR shall be capable of storing up to three (3) vehicles in inside storage, and shall maintain at least one (1) inside storage space that shall meet the following specifications: a working area of 9' X 20' per vehicle with at least an eight (8') foot high ceiling; a paved floor (i.e. concrete, asphalt) that is free from dirt, standing water and vegetation; an electrical lighting source sufficient to permit processing of a vehicle; and d. one (1) outside window or a ventilation system. CRIME SCENE, CONFISCATED, SPECIAL "HOLD" STORAGE a. Any vehicle towed or stored as a result of the marked "HOLD" relative to a cdme scene investigation shall be handled with gloves (i.e. cloth, rubber or leather) by the wrecker operator. bo Co do Crime scene vehicles shall be stored to prevent physical contamination or degradable evidence from deteriorating, and by inside storage. If inside storage is not available, CONTRACTOR shall surrender the tow and fee to the next Contractor in rotation. This shall not prevent CITY from removing the vehicle or trailer and storing it at a City-owned or controlled facility or at another Tow Contractor's storage compound. If laboratory work on a crime scene vehicle is required and the vehicle must be processed at the City of Boynton Beach Police Headquarters, the crime scene vehicle shall be transported to the City-designated location. Vehicles which have been marked "HOLD" by the Police Department shall be stored at such compound for whatever period of time necessary, in order to properly process the vehicle and conduct any investigation necessary. ]3 5.0 5.1 5.1.1 eo Confiscated vehicles or vehicles involved in litigation shall be protected from the elements, preferably at an inside storage facility, as to maintain the vehicle in its condition at the time of towing. This shall not prevent CITY from removing the vehicle and storing the vehicle at a City owned or controlled facility or at another Tow Contractor's facility. City of Boynton Beach Police Department personnel permitted access to all such vehicles at all times. PERFORMANCE PROBATION PERIOD. A. shall be A contractor awarded a Certificate of Qualification will be subject to a three (3) month probationary period. During this time, the contractor's performance will be evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the standards set forth in this Agreement, the City Commission may, upon the recommendation of City staff, by wdtten notice setting forth the default under the Agreement terms, revoke the Certificate of Qualification. If performance is acceptable at the end of the probationary pedod described herein, TOW CONTRACTOR will be so notified by the City. Should the City Commission revoke a Certificate of Qualification within the three (3) month probationary period, another Certificate of Qualification may be awarded to an eligible company as determined by the City Commission. ROLE OF CITY MANAGER AS TO PENALTIES. The City Manager for CITY shall have the power to formally reprimand TOW CONTRACTOR, suspend the Certificate of Qualification, suspend activities of TOW CONTRACTOR under the terms of this Agreement, recommend to the City Commission revocation of the Certificate of Qualification, and recommend to the City Commission that this Agreement with TOW CONTRACTOR be terminated. FORMAL REPRIMAND. Upon review of materials provided to him/her by City staff, the City Manager may issue a written reprimand to TOW CONTRACTOR for any act or omission, which in his/her sole discretion, is deemed to be a violation of this Agreement. A written reprimand for an act or omission in violation of the terms of this Agreement shall be grounds for recommending termination of the Certificate of Qualification should the City Manager deem such action to be appropriate under the circumstances. 14 5.1.2 5.1.3 5.1.4 REVOCATION. In the event any criteria for qualification established by this ^greement and Resolution R01- are violated by a Certificate Holder (')'OW CONTRACTOR), CITY may serve written notice upon Certificate Holder of the recommended revocation of the Certificate of Oualification and/or termination of the ^greement. However, any and all liabilities of TOW CONTRACTOR and the surety for acts, omissions, or violations occurring prior to the date of cancellation shall not be affected, waived or otherwise as a result of the cancellation. In the event City Manager for CITY recommends revocation of the Certificate of Qualification and/or termination of the Agreement with TOW CONTRACTOR, such a recommendation shall be considered by the City Commission for CITY. COMPLAINTS AGAINST TOW CONTRACTOR. TOW CONTRACTOR hereby agrees that any complaints received by CITY concerning the performance of TOW CONTRACTOR's duties under this Agreement and otherwise shall be referred to the City Manager of the City of Boynton Beach. The failure of TOW CONTRACTOR to follow any subsequent reasonable instruction of the City Manager regarding any complaint will be considered a material breach of this Agreement and the awarded Certificate of Qualification, and shall be cause for termination thereof. REPUTABILITY. Lack of reputability shall be cause for revocation of a Certificate of Qualification and shall include, but not be limited to the following: Ao Misstatements conceming the conviction of any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; Retaining any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; Retaining any officer, employee or agent convicted of any felony or first degree misdemeanor directly related to the business and/or operation of a wrecker, when that person's civil rights have not been restored. For the purpose of this Agreement, any offense involving perjury, false statement or theft shall be considered to be directly related to the business operation of a wrecker. Retaining any officer, employee or agent convicted of the offense of driving under the influence of alcohol or any other controlled substance to the extent that normal faculties are impaired; of the offense of driving a vehicle and having an unlawful blood alcohol level; or of any other criminal traffic offense. 5.1.5 SUSPENSION Should at any time during the term of this Agreement, including during any option terms, the tow company be in violation of any of the terms and conditions of this Agreement, the City Manager or his or her designated agent shall have the right to suspend the company until the violation is resolved to the satisfaction of City staff. If the violation is not promptly resolved or is of such a serious nature that the City Manager determines that suspension is inadequate, the City Manager reserves the right to recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR for cause. Should at any time during the term of this Agreement, including during any option terms, TOW CONTRACTOR or its principals become the subject of a criminal investigation, the City Manager shall have the right to suspend TOW CONTRACTOR's Certificate of Qualification pending the outcome of any criminal investigation and trial, should one result. Upon the conclusion of a criminal investigation that does not result in criminal charges against TOW CONTRACTOR or its principals, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR, or the City Manager may lift the suspension, thereby reinstating the Certificate of Qualification to TOW CONTRACTOR. If an adjudication of guilt is entered against TOW CONTRACTOR at the conclusion of a trial or via plea bargaining with the State, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR or City Manager may reinstate. 6.0 COMMERCIALLY MANUFACTURED EQUIPMENT. A. Each tow truck, recovery vehicle and all equipment owned, leased, or mortgaged by TOW CONTRACTOR shall be commercially manufactured and shall conform to the requirements set forth herein or be approved by CITY or its designee. Each tow truck, recovery vehicle, and all equipment utilized by TOW CONTRACTOR shall be maintained in good mechanical condition at all times. Each tow truck, recovery vehicle, and all equipment is subject to inspection by CITY or its designee at all times during the term of this Agreement. Do No vehicle of TOW CONTRACTOR shall be used as an emergency vehicle, except when the circumstances justify the use of the vehicle in that manner. (i.e. flashing lights are to be used only when necessary). 6.1 7.0 8.0 9.0 10.0 MARKINGS. TOW CONTRACTOR agrees to have no markings on vehicles, buildings, or correspondence that indicates or tends to indicate any official relationship between TOW CONTRACTOR and the City of Boynton Beach. SITE CLEAN-UP. TOW CONTRACTOR shall, at no cost to CITY, the public or the owner of the towed vehicle or trailer, promptly remove all debris from the public street, sidewalks, parks, and property of CITY; and shall remove the same to a proper place for disposal if the accident scene is, will or has been served by TOW CONTRACTOR, its agents or employees. The owner of the vehicle or trailer towed may be charged pursuant to the rate schedules set forth in this Agreement for the clean-up of hazardous wastes, chemicals, construction debris and spilled loads. EMPLOYEES. TOW CONTRACTOR agrees to maintain, and upon request, provide to the City of Boynton Beach Police Department the following information on all officers, employees, agents, and servants, and to be responsible for keeping the information accurate and current: name, address, date of birth, ddver's license number, social security number, and photograph. TOW CONTRACTOR agrees that the owner(s) of the company or the officers of the company, if a corporation, shall be personally responsible for the acts of their employees, while said employees areon-duty. TOW CONTRACTOR further acknowledges and agrees to notify its employees that CITY may run drivers license histories on any driver at any time with or without cause. TWO OR MORE APPLICATIONS UNDER DIFFERENT NAMES RECEIVED FROM ONE PROPOSER. If more than one application is submitted by any one proposer, by or in the name of his or their clerk, partner, or other persons, and it is determined by CITY staff that such applicant is under single, identical, or substantially the same ownership, all such applications will be rejected. If the above described dual ownership is not revealed until the contract term has begun, said action shall constitute grounds for revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR. RESPONSE TIME. A. TOW CONTRACTOR shall, at the request of the CITY Police Department or other CITY official requesting tow truck service at any time of the day or night, arrive at the scene with the appropriate equipment within the following time limit depending upon the vehicle class requested: 17 Bo Do Fo Go CLASS A CLASS B CLASS C 30 minutes from request 30 minutes from request 45 minutes from request TOW CONTRACTOR assumes all liability in meeting the required class response time, including but not limited to, any and all damages resulting from traffic accidents and motor vehicle infraction fines occurring after the response time limit has expired. In the event TOW CONTRACTOR fails to respond in a timely manner, the department of CITY requesting the service shall document the untimeliness, and forward said writing to the Agreement Administrator. The following penalties shall apply should any TOW CONTRACTOR fail to respond within the class response time set forth in Section 3.1(A) of this Agreement: Within a 12 month period 1. 1st offense 2. 2nd offense 3. 3rd offense 4. 4th offense and greater Penalt'; Certified letter of warning One (1) week suspension One (1) month suspension Termination of Agreement with CITY and revocation of certificate of qualification TOW CONTRACTOR may appeal a suspension of two (2) months or more to the City Commission, and if TOW CONTRACTOR can show by substantial and competent evidence that extenuating circumstances beyond TOW CONTRACTOR's control caused the failure to timely respond, the suspension may be lifted by the City Commission. All appeals must be made in writing to the City Manager within thirty (30) days of the action, and shall fully set forth the basis for the appeal. Suspensions shall not be stayed during the any pending appeals. City Manager recommendation for termination of this agreement and revocation of the certificate of qualification under this section requires consideration and action by the City Commission. 18 11.0 12.0 13.0 SUBCONTRACTING. TOW CONTRACTOR shall not subcontract its services to secure additional wreckers or storage space required under this Agreement. TOW CONTRACTOR must own, lease, or mortgage the vehicles, equipment and storage space required under this Agreement. BENEFITS FROM REPAIRS. A. In the event TOW CONTRACTOR holding a certificate of qualification operates an automobile repair and/or automobile paint and body repair business, TOW CONTRACTOR shall provide written notification to the owner or representative of the owner of the vehicle towed under the provisions of this Agreement, that there is no obligation to have any automobile, vehicle or trailer repairs and/or automobile, vehicle or trailer paint and body work done by TOW CONTRACTOR. Co TOW CONTRACTOR shall notify CITY in writing of any and all repairs completed on vehicles, automobiles, trucks, and trailers by TOW CONTRACTOR towing a vehicle under the provisions of this Agreement. The wdtten notification to vehicle owner that there is no obligation to have TOW CONTRACTOR undertake any repairs to the vehicle shall be included. INSURANCE REQUIREMENTS. A. TOW CONTRACTOR's liability insurance policies shall name the CITY as an additional insured. During the term of this Agreement, TOW CONTRACTOR shall have in effect insurance with those limits specified in this Section. Copies of said insurance policy or certificate of insurance must be fumished to CITY's Purchasing Department and Risk Management Department immediately after approval of Agreement by the City Commission. CITY may request proof of insurance or the name and phone number of insurer at any time during the term of the Agreement, and TOW CONTRACTOR must respond with said proof of insurance within five (5) days of the request. Failure to provide the proof of insurance required in this section or the name and phone number of insurer as requested shall result in automatic suspension of the certificate of qualification and may be grounds for termination of this Agreement with TOW CONTRACTOR. TOW CONTRACTOR shall supply CITY with a Certificate of Insurance for the coverages and limits as shown in this Section. A thirty (30) day cancellation clause in favor of CITY shall be included in the Policy and the Certificate. 13.1 TOW CONTRACTOR, at its own cost and expense, shall keep in force at all times, and shall maintain the following during the terms of this Agreement: Comprehensive General Liability Insurance with minimum limits of coverage of One Million ($1,000,000.00) Dollars per incident Combined Single Limit for Bodily Injury Liability and Property Damage Liability. Automobile Liability Insurance coverage in the minimum amount of Three Hundred Thousand ($300,000.00) Dollars per person/per incident and property damage coverage of One Hundred Thousand ($100,000.00) Dollars per incident. Garage Keeper's Legal Liability Insurance coverage in the minimum amount of Seventy-five Thousand ($75,000.00) Dollars to protect owners of any and all vehicles and trailers towed or stored by TOW CONTRACTOR pursuant to this Agreement, from any loss or damage to such vehicle or trailer on account of such removal or storage. TOW CONTRACTOR shall provide CITY with Certificate(s) of Insurance on all policies of insurance and renewals thereof in a form acceptable to CITY. Each policy shall provide that CITY is an additional insured, and that the CITY shall be notified by the insurer in writing of any cancellation at least thirty (30) days prior to the effective date of cancellation. Each and every insurance policy must be issued by companies acceptable to CITY's Risk Management, and licensed, qualified and authorized to do business in the State of Florida. All policies must be at lease six (6) months in duration. Each TOW CONTRACTOR shall show proof of the insurance required under this Section prior to the issuance of a Certificate of Qualification. TOW CONTRACTOR shall not commence operation under the term of this Agreement, until certification or proof of insurance, detailing terms and provisions of coverage, has been received, reviewed, and approved by CITY. TOW CONTRACTOR agrees to maintain, at its own cost and expense, worker's compensation coverage required by the State. TOW CONTRACTOR'S LIABILITY. A. TOW CONTRACTOR shall be liable for any towed vehicle and property contained therein. 20 13.2 14.0 14.1 14.2 TOW:CONTRACTOR or its employee, representative, or agent shall inventory all personal property contained in each vehicle towed. The Tow companies are relieved of liability for property inside of the vehicle that was not listed on the inventory report completed by the officer on the scene. The inventory shall be made in triplicate and shall be signed by the person composing it. One copy shall be given to the owner or person in possession of the vehicle, or shall be securely attached to the vehicle; one copy shall be forwarded to the Boynton Beach Police Department, and the final copy shall be retained by TOW CONTRACTOR. NON-LIABILITY OF CITY FOR TOWED VEHICLES. CITY shall not be responsible or liable in any manner whatsoever for either the collection or payment of any charges for services rendered, including towing and storage. ACCESSIBILITY OF STORAGE FACILITIES. TOW CONTRACTOR agrees that all storage areas shall be accessible between the hours of 8:00 A.M. and 6:00 P.M., Monday through Friday and 9 A.M. and 12 PM, Saturday; therefore the Gate Fee shall not be charged during the applicable business hours. Authorized personnel of TOW CONTRACTOR shall be available dudng such times to assure that the obligations and services, including retrieval of stored vehicles by the public, required of TOW CONTRACTOR are available and fulfilled. Accordingly, there shall be no "gate fees" charged to the CITY for retrieving or gaining access to a vehicle in storage. There will be a $40.00 gate fee charged to any individual(s) or other entity retrieving a vehicle from storage. PROTECTION OF VEHICLES AND PROPERTY. A. Vehicles and trailers stored in enclosed areas shall be stored under "lock and key." Bo TOW CONTRACTOR shall protect all stored vehicles, and any evidence or personal property contained therein from theft and damage in accordance with all reasonable police department instructions and directives. Co TOW CONTRACTOR agrees to replace any such article(s) upon verification of the loss by the designated investigative agency representing the City of Boynton Beach or Palm Beach County. INSPECTION OF FACILITIES. A. Storage facilities shall be subject to inspection and shall be approved by CITY prior to award of the Certificate of Qualification and the execution of this Agreement. Storage facilities shall be subject to periodic inspections during the term of Agreement when deemed necessary by the City 2! 14.3 Manager's office or the CITY's Police Department. Notice of any deficiencies or violations of this Agreement discovered by CITY with respect to storage facilities shall be submitted to TOW CONTRACTOR in writing, and TOW CONTRACTOR shall remedy the same within ten (10) days of receipt of such notice. The Agreement may be terminated and the Certificate of Qualification revoked, or suspended at the option of the CITY. RELEASES OF VEHICLES AND PERSONAL PROPERTY. A. TOW CONTRACTOR agrees to release any vehicle or trailer which has not been marked "HOLD." Any vehicle or trailer marked "HOLD" shall not be released without the prior written consent of the City of Boynton Beach Police Department. All persons applying for release of the vehicle or trailer from TOW CONTRACTOR shall present adequate proof of ownership or dght to possession. Upon release, TOW CONTRACTOR shall give a receipt and itemized statement indicating all charges related to the impounding of the vehicle or trailer to the owner or person entitled to possession. C. Rightful owners shall be able to retrieve their towed vehicle or trailer from TOW CONTRACTOR twenty-four (24) hours a day, seven (7) days a week, including legal holidays, provided the appropriate documentation has been filed. Any vehicle or trailer declared to be abandoned, junk or constituting a nuisance may only be released under the authority of the Boynton Beach Police Department. Any customer contacting TOW CONTRACTOR by telephone or otherwise prior to customer's ardval at the storage site shall be advised of the following by TOW CONTRACTOR: 1. each and every document or other item needed to retrieve vehicle; 2. exact charges at the time of contact and any additional charges that may accumulate subsequent to contact and before retrieval; 3. acceptable methods of payment; and 4. the hours and days that the storage site is open for regular business. If all matters are in order, customer shall be returned to possession of the towed vehicle or trailer within thirty (30) minutes of the request. 14.4 14.5 15.0 PERSONAL PROPERTY LOSS. A. CITY shall not be responsible for any loss or damage to vehicles to trailers, to any personal property contained therein, or to any vehicle accessories, regardless of the cause of such damage or loss. TOW CONTRACTOR shall hold CITY harmless as to any claims, suits or actions alleging such loss or damage. Personal property found in vehicles or trailers that have been stored by TOW CONTRACTOR shall not be sold or disposed of in any way to defray any charges for storage or towing. B. TOW CONTRACTOR shall be held accountable for all personal property and vehicle accessories inventoried at the time the vehicle or trailer is towed, while the vehicle is stored at TOW CONTRACTOR's storage facility, and while TOW CONTRACTOR disposes of junk, abandoned and nuisance vehicles. TOW CONTRACTOR'shall make restitution to owner for all such losses occurring by theft, fire, or other damage. DESTINATION OF TOWED VEHICLE. TOW CONTRACTOR shall not move any vehicle or trailer to any location (specified at time of tow) other than that designated by a CITY Police Officer or other authorized CITY representative, or owner or person in possession of vehicle. ALL CITY owned or leased vehicles towed from a location within Palm Beach County shall be towed, as requested to CITY property. Each and every vehicle towed from within the city limits shall be towed to a storage facility within the city limits of Boynton Beach, Florida, and shall remain at that location for at least seven (7) days. RADIO COMMUNICATION. A. All towing vehicles and wreckers must be equipped with two-way radio or telephone communication. The range of the communication system shall, at a minimum, extend throughout the Boynton Beach city limits. Accordingly, the base station for the above equipment must be strong and powerful enough to provide city-wide coverage. A citizens band radio is insufficient to meet this requirement. Any radio communication shall, at no time, be tuned into any police frequencies. C. Guidelines of the Federal Communication Commission (FCC) shall prevail. Do TOW CONTRACTOR shall, at all times, have a competent employee(s) manning the communication system. 23 16.0 Do E. TOW CONTRACTOR shall provide a 24-hour emergency telephone number to be answered by a TOW CONTRACTOR employee designated to respond to emergency calls for service. This service is in addition to the communication system required in subsections 4.5(A)-(D) above, and is necessary so that TOW CONTRACTOR can provide timely and efficient service 24 hours a day, seven days a week. REPORTS AND RECORD KEEPING. A. TOW CONTRACTOR shall make available upon request to the CITY's Police Department, weekly reports of vehicles and trailers towed at the request of the Police Department. The written reports will be designed and supplied by CITY and the following information shall be provided thereon: 1. Name and owner of driver; 2. model and make of vehicle or trailer; 3. license plate number; 4. vehicle identification number; 5. time, date and location of tow; 6. circumstances requiring tow; 7. whether or not a "HOLD" was placed on the vehicle by the Police Department; 8. time dispatched to scene and time of arrival; 9. storage facility where vehicle is stored; and 10. the date, time and name of employee releasing the vehicle. B. TOW CONTRACTOR shall make available upon request by the CITY's Police Department, a complete and detailed listing of all vehicles and trailers which have been impounded or stored for pedods of thirty (30) days or more. Form to be provided by the CITY. Any vehicle or trailer that has not been claimed for a period of thirty (30) days from the towing of the vehicle, shall be reported in wdting to the Police Department. C. Services related to CITY owned or leased vehicles or trailers shall be logged and forwarded by TOW CONTRACTOR on a monthly basis to the CITY Public Works Director. All such logs shall identify the vehicle or trailer towed, the location from which it was towed, and the hours and dates applicable to TOW CONTRACTOR's services with respect to those vehicles or trailers. The "service ticket" shall include the signature of the authorized CITY employee approving towing of the CITY vehicle or trailer. TOW CONTRACTOR shall provide such information, until such time as a form is provided to it by CITY, which then must be completed by TOW CONTRACTOR. TOW CONTRACTOR shall maintain at containing the following information: 24 its place of business records Fo a vehicle storage receipt of each vehicle on the premises; a monthly log of all calls for service by the Police Department; a notification log indicating the date, time and method of notification to the registered owner of the stored vehicle or trailer; and A daily log setting forth a list of all vehicles towed, as well as information on each vehicle as required by Section 5.0(A) of this Agreement. INSPECTIONS. 1. TOW CONTRACTOR shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services relative to this Agreement. 2. TOW CONTRACTOR shall make available for inspection by authorized CITY personnel the compounds and storage facilities required herein. 3. In order to facilitate inspection and audits by authorized CITY personnel, records maintained by TOW CONTRACTOR relative to services provided under this Agreement shall be kept separate and apart from other company records. RECORDS RETENTION AND RIGHT TO ACCESS. TOW CONTRACTOR shall preserve and make available for inspection and/or removal for the purpose of copying, all financial records related to performance and billing under the terms of this Agreement, upon five (5) days pdor notice. All records shall be maintained for a period of three (3) years after termination of this Agreement. If an audit has been initiated within that three (3) year period, but findings from the audit have not been resolved, the records shall be retained and maintained until resolution of audit findings. For monitoring purposes, TOW CONTRACTOR shall submit to CITY's Tow Agreement Monitor, upon request, a log sheet detailing each tow made by TOW CONTRACTOR during that month, as well as the amount charged and service given for each tow. A copy of the invoice for each tow should accompany the monthly report. Failure to comply with the provisions and requirements of Section 5.0 of this Agreement shall result in suspension from the wrecker rotation until such time as TOW CONTRACTOR corrects such noncompliance. Should TOW CONTRACTOR fail to comply with any of the provisions of this section may, in the discretion of the City Manager, warrant recommending to the City Commission termination of the Certificate of Qualification and Agreement with TOW CONTRACTOR. 17.0 18.0 19.0 CODE ENFORCEMENT CASES. A. When vehicles or trailers are towed from public property, including right-of- ways, after the appropriate notification, TOW CONTRACTOR has the option of destroying the vehicle or keeping it safe for sale pursuant to Sections 713.78 and 715.05, Florida Statutes. TOW CONTRACTOR must proceed in accordance with the provisions set forth in Sections 713.78 and 713.05, Flodda Statutes. Any breach thereof shall constitute a breach of this Agreement. When vehicles or trailers are towed from private property after receiving the appropriate notification, TOW CONTRACTOR must store the vehicle or trailer for a minimum period of thirty-five (35) days, after which time TOW CONTRACTOR has the option to destroy or sell the vehicle or trailer pursuant to Section 713.78, Florida Statutes. NON-EXCLUSIVITY OF SERVICES. ^. The owner or person in possession of the vehicle or trailer which has been involved in an accident or which has been incapacitated in any other manner shall be given the opportunity to contact a wrecker or tow company of his/her choice, as long as the disabled vehicle does not create a hazardous condition and a reasonable response time can be expected. Said person shall also be given the opportunity to have the vehicle or trailer towed to a garage or compound of his/her choice. B. CITY shall not be liable for any charges for moving, towing, and storage of any vehicle or trailer; nor shall CITY be liable for any damages to any vehicle or trailer resulting from TOW CONTRACTOR's acts or omissions. C. All vehicles and trailers towed under the request of the CITY, including but not limited to the City's Police Department, Code Enforcement Department, Public Works Department, Fire Department, shall be governed by this section. INDEMNIFICATION AND HOLD HARMLESS CLAUSE. TOW CONTRACTOR shall defend, indemnify and save CITY, its agents, employees, and police department harmless from and against any and all claims, suits, actions, damages or causes of action whatsoever arising during the term of this Agreement, caused by any act or omission of TOW CONTRACTOR involving bodily injury, loss of life or damage to property, sustained as a result of TOW CONTRACTOR's duties; and from all costs, attorney's fees, expenses, liabilities, causes of action, investigations, and any administrative or legal proceedings brought therefrom; and from and against all orders, judgments or decrees which may be entered therein. TOW CONTRACTOR shall further defend CITY, its agents, employees and police department in any action brought as a result of the items set forth in this section, and related to performance of this contract by TOW CONTRACTOR. In the event any litigation or other legal Proceedings shall arise from this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and all costs and expenses incurred therein. 20.0 21.0 NON-DISCRIMINATION. TOW CONTRACTOR hereby agrees and acknowledges that in the performance of this Agreement, it will not discriminate, or tolerate or permit discrimination on the basis of race, religion, gender, age, handicap, marital status, political affiliation, national origin, or otherwise with respect to its hiring practices and in the performance of the terms of this Agreement. POSTING AND PROVIDING CHARGES OF SERVICES. 1. TOW CONTRACTOR shall prominently post in a conspicuous location at its storage facilities and on its tow vehicles and wreckers, a list of charges, as set forth herein. A list of such charges shall also be printed and such charges shall be provided to the owner or person lawfully in possession of each vehicle and trailer towed by TOW CONTRACTOR. TOW CONTRACTOR shall not charge for any service that exceeds such posted or listed amount, nor shall TOW CONTRACTOR perform any service that is not deliniated on such posted or listed schedule without giving the owner or person lawfully in possession a wdtten estimate of the amount that will be due and payable upon completion of the unposted or unlisted service. 22.0 COMPLIANCE WITH LAWS. This Agreement shall be governed by all federal, state, and local laws, regulations, ordinances, and codes, as amended from time to time, and as set forth by any other regulatory agency, including but not limited to, any and all municipal codes, ordinances, or regulations which may govern CITY as a Florida municpal corporation. 23.0 NON-ASSIGNABILITY. The Certificate of Qualification shall not be assigned, sold or transferred in any manner whatsoever. 24.0 DISPOSAL OF VEHICLES. Should TOW CONTRACTOR, as a result of this Agreement, have in its possession any vehicle, trailer, or personal property from therein for a period in excess of ninety (90) days, and be ordered to relinquish such vehicle, trailer or personal property to the City of Boynton Beach Police Department, 27 25.0 26.0 27.0 TOW CONTRACTOR agrees to do so with no additional charges to CITY, other than that specified in this Agreement. MODIFICATION OF THIS AGREEMENT. No waiver or modification of this Agreement or any covenant, condition, provision, or limitation contained therein shall be valid absent the execution and approval of a written addendum executed by both parties. No evidence of any waiver or modification shall be offered or received into evidence in any proceeding, arbitration or litigation between the parties to this Agreement, unless such waiver or modification is duly executed as set forth in this Section. ETHICS AND CONDUCT. TOW CONTRACTOR hereby agrees to conduct operations under this Agreement in a courteous, orderly, ethical and businesslike manner. As it is recognized by both parties that this Agreement is sensitive in nature and requires TOW CONTRACTOR and its personnel and employees to work with the public on a daily basis, TOW CONTRACTOR is required to extend common courtesies, including but not limited to: Expedite release of vehicle in accordance with the terms of this Agreement; Assist the vehicle or trailer owner in retrieving documents from the vehicle or trailer to establish ownership; Permit the owner to remove the auto tag and any unattached personal possessions; Explain fully and politely the reason for the tow and all charges levied; and If a dispute occurs, TOW CONTRACTOR shall attempt to resolve the dispute promptly and politely. If it cannot be resolved satisfactorily, the dispute shall be reported to the City Manager's Office no later than the next business day. WRECKER ROTATION LIST PROCEDURE. A. Purpose. The purpose of the wrecker rotation is to have in place a procedure for wrecker call-out on a per incident basis (except Code Enforcement). An index card system is utilized and maintained by the CITY's Communication Division. Procedure. 1. Card System. a. Index cards will be arranged in a four-card file system, as follows: i. Class "A" and "B" Wrecker Companies; ii. Class "C" Wrecker Companies; and iii. Code Enforcement Wrecker Companies (all Class "A"/"B" TOW CONTRACTORS required to participate). 28 iv. City Vehicles TOW CONTRACTORS will be filed in alphabetical order, according to corporate name. A TOW CONTRACTOR will be called in rotation order from the card file on a per incident basis. Wrecker Response. a. If TOW CONTRACTOR is unable to respond to a call for service, TOW CONTRACTOR will be moved to the end of the list, thereby forfeiting that rotation. b. The CITY official, agent or employee on the scene requesting the wrecker or tow shall determine whether a wrecker remains on the top of the rotation list in the event of cancellation or other circumstances where the wrecker is not used. Said CITY official shall notify the Communications Division upon cancellation of the tow and the tow company will retain their position on the rotation list. c. The next tow company in the rotation will be contacted in the event TOW CONTRACTOR cannot be reached by the CITY's Communications Division or TOW CONTRACTOR has failed to respond within a reasonable time to a hazardous scene. The City official, agent or employee shall determine, based on his sole discretion, whether the response time was excessive. d. Dudng the midnight shift, the CITY will reconcile logs on a daily basis, and will gather any reports of problems or incidents that were brought to the attention of the dispatch supervisor, who shall forward the same to the Tow Agreement Monitor within the CITY's Police Department. Rotation Tracking. a. ^ manual log will be used by CITY to track all vehicle or trailer tows to include rotation wreckers. b. The log shall contain the date and time of the tow, the tow company, the CITY officer, agent or employee, dispatch, case number, remarks, and a computer check. Specific requests from the vehicle or trailer owner or person lawfully in possession will not be charged against the rotation schedule. The request shall be logged as such by CITY in the manual log. If an owner's request cannot be honored for any reason whatsoever, a rotation wrecker will be contacted and so charged on the rotation schedule. Knowledge of Position on Rotation List. a. TOW CONTRACTOR is responsible for knowing its position on the wrecker rotation list. CITY will not provide this information over the telephone. b. The rotation list is public record pursuant to Chapter 119, Florida Statutes, and is available for inspection, by appointment, during regular business hours. 28.0 CODE ENFORCEMENT TOWING PROCEDURE. A. Purpose. Standard operating procedure is to be utilized for the removal of vehicles or trailers deemed to be abandoned, unregistered or wrecked as described in Section 10-52, City of Boynton Beach Code of Ordinances. The towing of these vehicles are to be at no charge to the CITY. Procedure. 1. Tow List. a. Tow lists can be picked up at the front desk of the the CITY's Police Department on the 1st, 10th, and 20th day of each month. All tow lists must be returned to the front desk no later than midnight of the last day of the month. b. Results of the status of each vehicle or trailer will be noted on the list (i.e. towed, gone-on-arrival, or currently licensed). c. Those vehicles or trailers whose status is not verified will automatically roll-over to the next month's tow list. d. Each TOW CONTRACTOR represented in the rotation system shall supply the name of and accessible contact person and that person's phone number to the Police Department employee responsible for the tow list. 2. Rotation. a. Wrecker companies shall rotate Code Enforcement tows on a monthly basis. b. TOW CONTRACTOR is required to notify CITY's Code Enforcement Department and the employee responsible for the tow list, at least ten (10) days in advance of its month do undertake Code Enforcement tows, if said TOW CONTRACTOR is unable to perform such tows as requested by CITY. In the event TOW CONTRACTOR is unable to perform, it shall be moved to the end of the Code Enforcement Rotation, and may be subject to penalties as provided in this Agreement. 3O 29.0 29.1 29.2 c. TOW CONTRACTOR's failure to perform Code Enforcement tows for more than two (2) months during any twelve (12) month period may result in suspension from ALL tow lists for a period of time as determined under the sole discretion of the CITY's City Manager. C. CITY hereby reserves the right to modify the rotation schedule or procedure for Code Enforcement tows under this section of the Agreement in an effort to improve upon the procedure to place code enforcement tows in the regular rotation or otherwise. TERM OF AGREEMENT, This Agreement shall take effect as of the date the Agreement is ratified by Resolution of the City of Boynton Beach City Commission, and shall have a term of two (2) years from that date. This Agreement shall be automatically renewed for one (1) additional year, unless either party provides written notice via certified mail to the other party within thirty (30) days of the end of the yearly term, that the Agreement shall be terminated at the end of the term. INDEPENDENT CONTRACTOR, This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that TOW CONTRACTOR is an independent contractor under this Agreement and not the CITY's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. TOW CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out TOW CONTRACTOR's activities and responsibilities hereunder. TOW CONTRACTOR agrees that it is a separate and independent enterprise from the CITY; that it has full opportunity to find other business; that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the TOW CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by TOW CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. NOTICE. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with retum receipt requested, 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. 3] For the present, the TOW CONTRACTOR and the CITY designate the following as the respective places for giving of notice: City Manager City of Boynton Beach P.O. Box 310 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 TOW CONTRACTOR: JORDAN WRECKER SERVICF 905 N. RAILROAD AVE BOYNTON BEACH, FL 3343-~ 29.3 29.4 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. 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. 29.5 GOVERNING LAW. The terms and conditions of this Agreement shall be governed by and interpreted under the laws of the State of Florida. Venue for the purposes of any litigation arising out of this agreement shall be in Palm Beach County, Florida. 29.6 EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between CITY and TOW CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 32 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed in the presence off S~ed, sealed ~d ~~o~ ~ m ~e presence of: 711IIIIIIIIBB~ State of Florida County of Palm Beach ) ) SS.' ) CITY OF BOYNTON BEACH, FLORIDA / Mayor - Approved as to Form: . City Attorney CONTRACTOR Attest as to CONTRACTOR e me, duly known identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. My Commission Expires: Notary Public WP~,GMTS~Towing Agreement 33 CERTIFICATE OF QUALIFICATION The City of Boynton Beach, hereby issues this Certificate of Qualification to the £ollowing company, and hereby certifies that the company named in this certificate is qualified to perform towing services pursuant to the Towing Service Contract approved by the Boynton Beach City Commission pursuant to the adoption of Resolution 01-256. COMPANY NAME: EMERALD TOWING SERVICE ADDRESS: 1370 West Industrial Avenue #102 Boynton Beach, Florida 33426 PHONE NUMBER: (561) 735-0398 CONTACT PERSON: James M. Jennings City Manager ATTEST: ~,~ ,~\\\~lJllllllllll/,. ° "' of Qualification.doe t(URT BRESSNER CITY MANAGER BOYNTON BEACH, FL AGREEMENT THIS IS AN AGREEMENT, dated the 20th day of September 2001, between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and EMERALD TOWING SERVICE. hereinafter referred to as "TOW CONTRACTOR". WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and TOW CONTRACTOR agree as follows: SPECIAL TERMS AND CONDITIONS 1.0 RATES. The rates herein have previously been established and approved by the Boynton Beach City Commission and will remain firm and fixed for the term of this Agreement. The rates charges by TOW CONTRACTOR to provide all labor, tools, materials, and equipment shall not be greater than the applicable maximum rates as provided by this Agreement. 1.1 APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY CITY These rates are the only rates that will be charged vehicle owners under this Agreement: TOWING BY ITEM DESCRIPTION (1) Class A (cars, vans, light trucks under 10,000 GVW) within City limits; $90.00 per call (2) Motorcycles within the City limits; $90.00 per call (3) Towing outside the City limits for cars, vans, motorcycles, and light trucks 3/4 and less; an additional $3.00 per towed mile from the City limits RECEIVED OCT 15 2001 (4) (5) (6) (7) (8) (9) Class B (vehicles 10,000 to 30,000 GVVV) within the City limits; Towing outside the City limits for Class B vehicles; Class C vehicles (over 30,000 GVVV) within City limits; Class C vehicles outside City limits; Additional time at the scene after first hour, per 1/2 hour thereafter (applied to all vehicles, cars, vans, and trucks under and over 3/4 ton, for waiting and extra street clean-up. This provision shall not apply in conjunction with vehicle recovery under Section 1.2(C). Miscellaneous other charges 4 X 4/off-road vehicle recovery Tarp fee Lowboy service Outside the City limits $175.00 per call an additional $4.00 per towed mile from the City limits $200.00 per call an additional $8.00 per towed mile from the City limits $40.00 per half hour $95.00 for the first hour, and $30.00 per half hour thereafter $35.00 per call $175.00 per hour an additional $6.00 per towed mile from City limits Underwater recovery salvage divers $125.00 for first half hour or part thereof, and $31.00 for each additional 1/4 hour or part thereof. (10) For purposes of this Agreement, when CONTRACTOR is entitled to additional charges based on time spent at the scene, unless otherwise specified, CONTRACTOR shall apportion the charge set forth herein to be consistent with the actual time spent on the scene. STORAGE AND LIEN NOTICE (1) Cars, vans, trucks under 3/4 ton Outside storage Inside storage $25.00 perday $30.00 perday (2) Trucks and vehicles over 3/4 ton Outside storage Inside storage $35.00 per day $40.00 per day (3) Motorcycles Outside storage Inside storage $15.00 per day $20.00 per day (4) Boat and trailer (21 feet and under) Outside storage Inside storage $17.00 per day $22.00 per day (5) Boat and_trailer (over 21 feet) $30.00 per day (6) Lien notice (after 24 hours of storage) $40.00 per vehicle Per Florida Statutes, no storage fee shall be charged to the vehicle owner for a vehicle stored less than six (6) hours. "Per day" shall be defined as a twenty-four (24) hour period or any part thereof. VEHICLE RECOVERY The following vehicle recovery fees may be charged to the vehicle owner when the vehicle is overturned, embedded in sand, mud, or water, or requires more than a single hook-up: Class A and B wrecker on the scene; $90.00 per hour and $30.00 per each half hour after the first hour (2) Extra man (each) on the scene $35.00 per hour ROAD SERVICE For all trucks, cars, vans and other vehicles under and over 3/4 ton, a road service fee of $40.00 per call may be charged to the vehicle owner for services such as assisted start, unlocking a door, delivering gas, tire changes, etc. -1.2 APPROVED TOWING RATES - CITY OWNED OR CITY LEASED VEHICLES A. All CITY owned or CITY leased vehicles under the 3/4 ton Class "A" wrecker will be towed at forty (40%) percent the Class "A" rate, as indicated in Section 1.11 of this Agreement. Bo All CITY owned or CITY leased vehicles under 3/4 ton requiring road service as indicated in Section 1.11 of this Agreement will receive such services at forty (40%) percent of the road service rate. All vehicles towed at the request of the Boynton Beach Police department as a crime scene vehicle, confiscated vehicle, forfeited vehicle, or in any other way related to police business will be towed at forty (40%) percent of the contract rate and will be stored for forty (40%) percent of the contract storage rate as stated in Section 1.11 of this Agreement. All CITY owned or CITY leased vehicles towed under Class "B" or Class "C" will be towed at forty (40%) percent of the appropriate Class "B" or "C" rate as set forth in Section 1.11 of this Agreement. All vehicles towed at the request of Code Enforcement, or any other department of CITY in connection to City business, shall be towed at forty (40%) percent of the contract rate and will be stored at forty (40%) percent of the contract rate, as set forth in Section 1.1 of this Agreement. City shall not be assessed any waiting time charges, whatsoever. 4 1.3 2.0 Companies will not lose position on rotation when called for tow of City owned vehicle. SPECIAL AND ADDITIONAL CHARGES A. WAITING TIME. The cost for waiting time shall not be assessed by TOW CONTRACTOR until forty-five (45) minutes after arrival at the scene. Bo LABOR CHARGES.The cost for labor under any circumstances and when applicable shall not be assessed by TOW CONTRACTOR until forty-five (45) minutes have expired after arrival at the scene. Labor charge must be cleady shown on the tow receipt with a written explanation of the labor charge. Co LABOR CHARGES PROHIBITED. The cost for labor shall not be assessed to CITY or Customer under any circumstances for the clean-up and removal of vehicle parts and debris, regardless of the labor and time necessary to complete clean-up and removal. Labor to the general public will be reviewed within six (6) months of the effective date of this contract. Do SERVICE CALL. TOW CONTRACTOR agrees that the mere response to a service call scene without other action does not constitute a service for which charges may be assessed to the vehicle owner. DOCUMENTATION OF SPECIAL AND ADDITIONAL CHARGES. TOW CONTRACTOR will document in detail on the tow receipt the reason(s) for waiting time charges and the work performed for assessed labor charges. TOW CONTRACTOR agrees that the special or additional charges may be disputed by CITY officials and/or the vehicle owner or representative. TOW CONTRACTOR further agrees that the City Manager or his/her designee will make the final determination on the assessment of a disputed special and additional charge, and that TOW CONTRACTOR shall abide by the decision of the City Manager or his/her designee. CONSIDERATION FOR AWARD AND AWARD PROCEDURES A. A certificate of qualification shall be granted to the best responsible applicants meeting the specifications set forth herein, which serve the best interests of the CITY based upon the following criteria: the ability of the applicant to provide the required services with regard to the extent and condition of equipment and facilities, record keeping procedures, competency of staff, financial support, and exceptions taken to contract terms, conditions and specifications; 2.1 experience, qualifications, training and past performance of each proposed towing company's owners and officers, and persons directly involved in managing the service on a regular basis; substantiated complaints received by CITY or Palm Beach County Consumer Affairs concerning misconduct on the part of the proposed towing company, such as excessive charges, poor business practices, damage to vehicles, extensive involvement in litigation will be considered and shall weigh heavily against each applicant. Evaluation of applications will be conducted by a committee of City staff who shall evaluate all responsive applications received from applicants meeting or exceeding the contract specifications based upon the information and references contained in the applications. The committee shall also consider the inspection of the applicant's facilities, equipment, record keeping, and employees. The committee will then make recommendations to the City Manager in the form of a list of proposed tow company applicants. The City Manager shall then turn over his/her recommendation to the City Commission. The City Commission reserves the right, based upon its deliberations and its opinion, to award a certificate of qualifications. ELIGIBILITY. A. To be eligible to respond to this RFQ, TOW CONTRACTOR shall be regularly engaged in the towing business on a full-time basis in Palm Beach County and the City of Boynton Beach, and shall be able to produce evidence or prior experience in providing similar services continuously for the past two (2) years (one year of which must have been within Palm Beach County, Florida). TOW CONTRACTOR shall have satisfactory financial support, required equipment and organization sufficient to ensure that TOW CONTRACTOR can satisfactorily execute the services, if granted a contract, under the terms and conditions stated herein. Co In the event litigation arises out of the CITY's failure to select a particular applicant, damages, if any, shall be limited to actual preparation costs incurred by the challenging party. Do The terms "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well established company as determined, approved or ratified by the Boynton Beach City Commission. TOW CONTRACTOR shall have an office and storage facility within the city limits of the City of Boynton Beach at the time the proposal is submitted for CITY's review. The storage facility shall be in full compliance with the terms of this Agreement, and shall be maintained as such at all times during the duration of this Agreement. TOW CONTRACTOR agrees that it will, at its sole cost and expense, if selected, fulfill and comply with all laws, ordinances, codes, regulations and requirements of the City of Boynton Beach, Palm Beach County, the State of Florida, the United States of America, and any and all governmental agencies having jurisdiction over the providing of services as contemplated in this Agreement. TOW CONTRACTOR must maintain at all times, any licenses or permits required by the State of Florida, Palm Beach County and the City of Boynton Beach in order to conduct business as a wrecker or tow service. Proof of said license shall be submitted prior to the approval of this Agreement. G. TOW CONTRACTOR shall be licensed to do business in the City of Boynton Beach pursuant to Chapter 13 of the Boynton Beach Code of Ordinances. Ho At all times during the term of this Agreement, TOW CONTRACTOR, its subsidiaries, agents, employees or representatives shall only appear on the rotation list once. Under no circumstances shall a Tow Contractor who has a business, financial or legal relationship with another Tow Contractor be permitted to have more than one place on the rotation list. If and whenever a tow contractor obtains Class "C" certification(s), that Contractor will be included in the Class "C" Rotational Basis. In order to be placed on the Class "C" Rotational Basis, the Towing contractor must submit proof of their certification to the City of Boynton Beach and follow all procedures that are currently in place for Class "C" tow contractors as stated in the Towing Agreement. 2.2 APPLICATION REQUIREMENTS. All applications shall be submitted as specified on the application pages. Any attachments must be cleady identified. To be considered, the application must respond to all parts of the RFP. Any other information thought to be relevant, but not applicable to the enumerated categories, should be provided as an appendix to the proposal. If publications are supplied by an applicant to respond to a requirement, the response should include a reference to the document number and page number. This will provide a quick reference for the evaluators of the application. Applications failing to provide this reference will be considered to have no reference material included in the additional documents. ALL SUBMITTED MATERIALS BY PROPOSED TOW CONTRACTORS MUST BE TYPED. NO HANDWRITTEN MATERIALS WILL BE ACCEPTED. ANY HANDWRITTEN APPLICATIONS THAT ARE RECEIVED WILL BE AUTOMA TICALL Y DISQUALIFIED AND WILL NOT BE CONSIDERED. 2.3 GENERAL SPECIFICATIONS. A. TOW CONTRACTOR shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services rendered relative to the subject Agreement. Bo TOW CONTRACTOR shall furnish towing service for the removal of vehicles within the City of Boynton Beach when required and when dispatched or required by the City of Boynton Beach Police Department (or other CITY authorized representative in the case of city-owned or city leased vehicles). Such services shall be made available on a twenty-four (24) hour basis. CITY shall be given preference only for calls by the Police Department. TOW CONTRACTOR shall maintain adequate storage space within the City for said vehicles when towed. Said storage facilities shall meet the minimum requirements set forth in this Agreement. At an accident scene, TOW CONTRACTOR shall remove from the street and surrounding area all broken glass and other debris resulting from the accident. CITY shall have the right to cancel a request for tow company service up until the time that a wrecker is hooked onto a vehicle and ready for transport to the storage facility. However, if the tow is cancelled, the tow company will retain their position in the rotation. 2.4 SPECIFICATIONS FOR WRECKERS. The CITY agrees to maintain three (3) wrecker rotation lists, as follows: 1. Class "A"/"B" List; 2. Class "C" List; and 3. Code Enforcement List (mandatory for all Class "A"/"B" tow contractors). TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to two (2) CLASS "A" TOWING/RECOVERY VEHICLES with the following specifications: Small wreckers with a minimum four (4) ton capacity, with minimum GVW rating of 10,000 pounds and equipped with cradle, or tow plat, or sling, and safety chains. 8 Co Eo 2. Boom capacity greater than or equal to four (4) tons. 3. Power winch with a pulling capacity of at least four (4) tons. At least One hundred (100) feet of 3/8-inch thick (or greater) cable with an end hook. One of the required Class "A" wreckers must be a flatbed truck roll- back or slide-back, with a minimum four (4) ton capacity, a GVW rating of at least 10,000 pounds, with at least (4) ton winch pulling capacity, a flat bed seventeen to twenty (17-20) feet in length, and at least fifty (50) feet of 3/8 inch cable. TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS "B" TOWING/RECOVERY VEHICLE, which shall be flatbed or slide-back, that is mounted on a 23,000 pound GVWR chassis and equipped with a four (4) ton winch. Should TOW CONTRACTOR desire to be placed on the Class "C" wrecker rotation list, TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS "C" TOWING/RECOVERY VEHICLE with the following specifications: Large wrecker with at least twenty-five (25) ton capacity, a GVW rating of at least 25,000 pounds, a cradle or tow plat or sling, and safety chains or wheel lift capability. 2. An extendible boom with a capacity of at least fifteen (15) tons; A twin power winch with a pulling capacity of at least twenty-five (25) tons. 4. At least two hundred (200) feet of 5/8 inch thick cable. 5. Air brakes with an auxiliary air supply. Class "C" TOW CONTRACTORS must have the ability to tow an aerial fire truck that is approximately 64,000 pounds GVW, any sanitation truck, and a Track Excavator that is approximately 30 tons. TOW CONTRACTOR shall own, lease, or mortgage and have immediate access to at least one (1) motorcycle trailer. Fo EACH AND EVERY tow truck or recovery vehicle must be outfitted with the following supplies and equipment: 1. Operating clearance and marker lights, as well as any other equipment required by Florida Statutes, or any other laws or codes governing tow and recovery vehicles; 2. There shall be a rotor beam or strobe light, that is amber in color and mounted on the wrecker in such a manner that it can be seen from the front, rear and sides of the vehicle; 3. One (1) heavy-duty push broom; 4. ^ flood light on the hoist; 5. One (1) flat-nose shovel; 6. One (1) ax; 7. One (1) crowbar; 8. At least one (1), five (5) pound Carbon dioxide fire extinguisher with a current inspection tag. The fire extinguisher must be an approved type; 9. One (1) pair of bolt cutters; 10. One (1) set of jumper cables; 11. One (1) four-wait lug wrench; 12. One (1) high-intensity flashlight; 13. One (1) set of red highway reflectors; 14. Five (5) thirty minute flares; 15. Each wrecker and tow vehicle shall contain a telephone or radio communications system to enable continuous direct contact between the driver and the office of TOW CONTRACTOR; and 16. Each vehicle shall be specifically designed, constructed and equipped for the towing of vehicles, and shall at all times, be propedy maintained in a mechanically safe condition. 3.0 Go To be awarded and to maintain a certificate of qualification, a Class "A"/"B" TOW CONTRACTOR shall have in operational condition at the time the certificate of qualification is awarded and for the duration of this agreement at least two (2) Class "A" wreckers, and one (1) Class "B" wrecker. Ho TOW CONTRACTOR shall have available at all times, sufficient equipment to perform all services required herein on a timely and responsible basis. TOW CONTRACTOR shall notify CITY in the event any of the required equipment, as set forth in this Agreement, is inoperable, sold, levied upon, repossessed or attached. STANDARDS OF CONDUCT FOR TOW CONTRACTORS. A. TOW CONTRACTOR shall comply with all laws, rules and regulations of any governmental agency having jurisdiction in the premises, including but not limited to, licensing and minimum safety requirements. TOW CONTRACTOR shall be the holder of a general towing and wrecker service license issued by Palm Beach county and shall be the holder or any licenses required by Florida law and the City of Boynton Beach. Each wrecker shall be manned by a driver who must meet the following qualifications: Possesses a valid State of Florida required Commercial Drivers License (CDL); Possess knowledge of the layout of streets and roadways within the City of Boynton Beach; and Be physically qualified to perform the normal and everyday tasks required of a tow truck operator. TOW CONTRACTOR shall ensure that each driver operates the company's equipment in a safe and proper manner in accordance with operating manuals and Florida Statutes. Upon receipt of a complaint from the City of Boynton Beach Police Department on a ddver's unsafe, unlawful or improper operation, documented corrective action must be taken by TOW CONTRACTOR. 4.0 STORAGE FACILITIES. TOW CONTRACTOR shall maintain a storage facility for all impounded vehicles. There shall be an outside, enclosed area and an inside storage area. All facilities shall be located within the city limits and be owned or leased by TOW CONTRACTOR. TOW CONTRACTOR's storage facilities cannot be relocated without written consent from CITY. Should TOW CONTRACTOR relocate without obtaining said consent, the relocation shall constitute a breach of this Tow Agreement. OFFICE FACILITIES. It shall be the duty of TOW CONTRACTOR to maintain office facilities: a. to include telephone and restroom facilities, and a work area containing, for example, a desk, phone, facsimile machine, computer, etc.; with a physical plant having the name of the company and the mailing address and 24-hour phone number clearly painted; Co that are accessible to CITY officials at anytime, 24 hours a day, 7 days a week; and that maintains a radio communication system at all times, 24 hours per day, 7 days a week. TOW CONTRACTOR shall not utilize any phone answering services(s), as said services are stdctly prohibited under the terms of this Agreement, and use of such services shall constitute a breach thereof. OUTSIDE STORAGE a. Outside storage shall be kept and maintained to provide for the removal of junk, tires, and auto parts; the regular trimming of all shrubbery, bushes, trees and grass areas (along fence line and on property); and adequate drainage to prevent standing water. bo Outside storage areas must be protected by an enclosed solid wall or a substantial wire fence not less than six (6) feet in height. The top of such a fence or wall, including all gates, doors, or roofed open areas shall be equipped with not less than twelve (12) inches of barbed wire installed in such a manner as to discourage access over the top of such a fence or wall. All fences and walls shall be maintained in good repair throughout the term of this Agreement. Any damage to such walls or fences shall be repaired within twenty-four (24) hours of its occurrence. The area must have a vehicle storage capacity of at least twenty- five (25) vehicles. This storage will predominantly be utilized for accident tows, designated "HOLD," confiscated, and evidence vehicles. A secondary storage area may be located within a ten (10) mile radius of the City of Boynton Beach, and may be utilized for Code Enforcement-related tows. INSIDE STORAGE. TOW CONTRACTOR shall be capable of storing up to three (3) vehicles in inside storage, and shall maintain at least one (1) inside storage space that shall meet the following specifications: ao a working area of 9' X 20' per vehicle with at least an eight (8') foot high ceiling; a paved floor (i.e. concrete, asphalt) that is free from dirt, standing water and vegetation; an electrical lighting source sufficient to permit processing of a vehicle; and d. one (1) outside window or a ventilation system. CRIME SCENE, CONFISCATED, SPECIAL "HOLD" STORAGE a. Any vehicle towed or stored as a result of the marked "HOLD" relative to a crime scene investigation shall be handled with gloves (i.e. cloth, rubber or leather) by the wrecker operator. Co do Crime scene vehicles shall be stored to prevent physical contamination or degradable evidence from deteriorating, and by inside storage. If inside storage is not available, CONTRACTOR shall surrender the tow and fee to the next Contractor in rotation. This shall not prevent CITY from removing the vehicle or trailer and storing it at a City-owned or controlled facility or at another Tow Contractor's storage compound. If laboratory work on a crime scene vehicle is required and the vehicle must be processed at the City of Boynton Beach Police Headquarters, the crime scene vehicle shall be transported to the City-designated location. Vehicles which have been marked "HOLD" by the Police Department shall be stored at such compound for whatever period of time necessary, in order to propedy process the vehicle and conduct any investigation necessary. ]3 5.0 5.1 5.1.1 Confiscated vehicles or vehicles involved in litigation shall be protected from the elements, preferably at an inside storage facility, as to maintain the vehicle in its condition at the time of towing. This shall not prevent CITY from removing the vehicle and storing the vehicle at a City owned or controlled facility or at another Tow Contractor's facility. f. City of Boynton Beach Police Department personnel shall be permitted access to all such vehicles at all times. PERFORMANCE PROBATION PERIOD. A. A contractor awarded a Certificate of Qualification will be subject to a three (3) month probationary period. During this time, the contractor's performance will be evaluated by City stafl. If TOW CONTRACTOR'S performance fails to meet the standards set forth in this ^greement, the City Commission may, upon the recommendation of City staff, by wdtten notice setting forth the default under the Agreement terms, revoke the Certificate of Qualification. If performance is acceptable at the end of the probationary period described herein, TOW CONTRACTOR will be so notified by the City. Should the City Commission revoke a Certificate of Qualification within the three (3) month probationary period, another Certificate of Qualification may be awarded to an eligible company as determined by the City Commission. ROLE OF CITY MANAGER AS TO PENALTIES. The City Manager for CITY shall have the power to formally reprimand TOW CONTRACTOR, suspend the Certificate of Qualification, suspend activities of TOW CONTRACTOR under the terms of this Agreement, recommend to the City Commission revocation of the Certificate of Qualification, and recommend to the City Commission that this Agreement with TOW CONTRACTOR be terminated. FORMAL REPRIMAND. Upon review of materials provided to him/her by City staff, the City Manager may issue a written reprimand to TOW CONTRACTOR for any act or omission, which in his/her sole discretion, is deemed to be a violation of this Agreement. A written reprimand for an act or omission in violation of the terms of this Agreement shall be grounds for recommending termination of the Certificate of Qualification should the City Manager deem such action to be appropriate under the circumstances. 14 5.1.2 5.1.3 5.1.4 REVOCATION. In the event any criteria for qualification established by this Agreement and Resolution R01- are violated by a Certificate Holder (TOW CONTRACTOR), CITY may serve written notice upon Certificate Holder of the recommended revocation of the Certificate of Qualification and/or termination of the Agreement. However, any and all liabilities of TOW CONTRACTOR and the surety for acts, omissions, or violations occurring prior to the date of cancellation shall not be affected, waived or otherwise as a result of the cancellation. In the event City Manager for CITY recommends revocation of the Certificate of Qualification and/or termination of the Agreement with TOW CONTRACTOR, such a recommendation shall be considered by the City Commission for CITY. COMPLAINTS AGAINST TOW CONTRACTOR. TOW CONTRACTOR hereby agrees that any complaints received by CITY concerning the performance of TOW CONTRACTOR's duties under this Agreement and otherwise shall be referred to the City Manager of the City of Boynton Beach. The failure of TOW CONTRACTOR to follow any subsequent reasonable instruction of the City Manager regarding any complaint will be considered a material breach of this Agreement and the awarded Certificate of Qualification, and shall be cause for termination thereof. REPUTABILITY. Lack of reputability shall be cause for revocation of a Certificate of Qualification and shall include, but not be limited to the following: Misstatements concerning the conviction of any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; Bo Retaining any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; Co Retaining any officer, employee or agent convicted of any felony or first degree misdemeanor directly related to the business and/or operation of a wrecker, when that person's civil rights have not been restored. For the purpose of this Agreement, any offense involving perjury, false statement or theft shall be considered to be directly related to the business operation of a wrecker. Do Retaining any officer, employee or agent convicted of the offense of driving under the influence of alcohol or any other controlled substance to the extent that normal faculties are impaired; of the offense of driving a vehicle and having an unlawful blood alcohol level; or of any other criminal traffic offense. 5.1.5 6.0 SUSPENSION Should at any time during the term of this Agreement, including during any option terms, the tow company be in violation of any of the terms and conditions of this Agreement, the City Manager or his or her designated agent shall have the right to suspend the company until the violation is resolved to the satisfaction of City staff. If the violation is not promptly resolved or is of such a serious nature that the City Manager determines that suspension is inadequate, the City Manager reserves the right to recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR for cause. Should at any time during the term of this Agreement, including during any option terms, TOW CONTRACTOR or its principals become the subject of a criminal investigation, the City Manager shall have the right to suspend TOW CONTRACTOR's Certificate of Qualification pending the outcome of any criminal investigation and trial, should one result. Upon the conclusion of a criminal investigation that does not result in criminal charges against TOW CONTRACTOR or its principals, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR, or the City Manager may lift the suspension, thereby reinstating the Certificate of Qualification to TOW CONTRACTOR. If an adjudication of guilt is entered against TOW CONTRACTOR at the conclusion of a trial or via plea bargaining with the State, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR or City Manager may reinstate. COMMERCIALLY MANUFACTURED EQUIPMENT. A. Each tow truck, recovery vehicle and all equipment owned, leased, or mortgaged by TOW CONTRACTOR shall be commercially manufactured and shall conform to the requirements set forth herein or be approved by CITY or its designee. Each tow truck, recovery vehicle, and all equipment utilized by TOW CONTRACTOR shall be maintained in good mechanical condition at all times. Each tow truck, recovery vehicle, and all equipment is subject to inspection by CITY or its designee at all times during the term of this Agreement. Do No vehicle of TOW CONTRACTOR shall be used as an emergency vehicle, except when the circumstances justify the use of the vehicle in that manner. (i.e. flashing lights are to be used only when necessary). 6.1 7.0 8.0 9.0 10.0 MARKINGS. TOW CONTRACTOR agrees to have no markings on vehicles, buildings, or correspondence that indicates or tends to indicate any official relationship between TOW CONTRACTOR and the City of Boynton Beach. SITE CLEAN-UP. TOW CONTRACTOR shall, at no cost to CITY, the public or the owner of the towed vehicle or trailer, promptly remove all debris from the public street, sidewalks, parks, and property of CITY; and shall remove the same to a proper place for disposal if the accident scene is, will or has been served by TOW CONTRACTOR, its agents or employees. The owner of the vehicle or trailer towed may be charged pursuant to the rate schedules set forth in this Agreement for the clean-up of hazardous wastes, chemicals, construction debris and spilled loads. EMPLOYEES. TOW CONTRACTOR agrees to maintain, and upon request, provide to the City of Boynton Beach Police Department the following information on all officers, employees, agents, and servants, and to be responsible for keeping the information accurate and current: name, address, date of birth, driver's license number, social security number, and photograph. TOW CONTRACTOR agrees that the owner(s) of the company or the officers of the company, if a corporation, shall be personally responsible for the acts of their employees, while said employees areon-duty. TOW CONTRACTOR further acknowledges and agrees to notify its employees that CITY may run drivers license histories on any driver at any time with or without cause. TWO OR MORE APPLICATIONS UNDER DIFFERENT NAMES RECEIVED FROM ONE PROPOSER. If more than one application is submitted by any one proposer, by or in the name of his or their clerk, partner, or other persons, and it is determined by CITY staff that such applicant is under single, identical, or substantially the same ownership, all such applications will be rejected. If the above described dual ownership is not revealed until the contract term has begun, said action shall constitute grounds for revocation of the Certificate of Qualification and termination of this ,Agreement with TOW CONTRACTOR. RESPONSE TIME. A. TOW CONTRACTOR shall, at the request of the CITY Police Department or other CITY official requesting tow truck service at any time of the day or night, arrive at the scene with the appropriate equipment within the following time limit depending upon the vehicle class requested: Bo Eo Fo Go CLASS A CLASS B CLASS C 30 minutes from request 30 minutes from request 45 minutes from request TOW CONTRACTOR assumes all liability in meeting the required class response time, including but not limited to, any and all damages resulting from traffic accidents and motor vehicle infraction fines occurring after the response time limit has expired. In the event TOW CONTRACTOR fails to respond in a timely manner, the department of CITY requesting the service shall document the untimeliness, and forward said writing to the Agreement Administrator. The following penalties shall apply should any TOW CONTRACTOR fail to respond within the class response time set forth in Section 3.1(A) of this Agreement: Within a 12 month period 1. 1st offense 2. 2nd offense 3. 3rd offense 4. 4th offense and greater Penalty Certified letter of warning One (1) week suspension One (1) month suspension Termination of Agreement with CITY and revocation of certificate of qualification TOW CONTRACTOR may appeal a suspension of two (2) months or more to the City Commission, and if TOW CONTRACTOR can show by substantial and competent evidence that extenuating circumstances beyond TOW CONTRACTOR's control caused the failure to timely respond, the suspension may be lifted by the City Commission. All appeals must be made in writing to the City Manager within thirty (30) days of the action, and shall fully set forth the basis for the appeal. Suspensions shall not be stayed during the any pending appeals. City Manager recommendation for termination of this agreement and revocation of the certificate of qualification under this section requires consideration and action by the City Commission. 11.0 12.0 13.0 SUBCONTRACTING. TOW CONTRACTOR shall not subcontract its services to secure additional wreckers or storage space required under this Agreement. TOW CONTRACTOR must own, lease, or mortgage the vehicles, equipment and storage space required under this Agreement. BENEFITS FROM REPAIRS. A. In the event TOW CONTRACTOR holding a certificate of qualification operates an automobile repair and/or automobile paint and body repair business, TOW CONTRACTOR shall provide written notification to the owner or representative of the owner of the vehicle towed under the provisions of this Agreement, that there is no obligation to have any automobile, vehicle or trailer repairs and/or automobile, vehicle or trailer paint and body work done by TOW CONTRACTOR. Bo TOW CONTRACTOR shall notify CITY in writing of any and all repairs completed on vehicles, automobiles, trucks, and trailers by TOW CONTRACTOR towing a vehicle under the provisions of this Agreement. The wdtten notification to vehicle owner that there is no obligation to have TOW CONTRACTOR undertake any repairs to the vehicle shall be included. INSURANCE REQUIREMENTS. A. TOW CONTRACTOR's liability insurance policies shall name the CITY as an additional insured. Dudng the term of this Agreement, TOW CONTRACTOR shall have in effect insurance with those limits specified in this Section. Copies of said insurance policy or certificate of insurance must be furnished to CITY's Purchasing Department and Risk Management Department immediately after approval of Agreement by the City Commission. CITY may request proof of insurance or the name and phone number of insurer at any time during the term of the Agreement, and TOW CONTRACTOR must respond with said proof of insurance within five (5) days of the request. Failure to provide the proof of insurance required in this section or the name and phone number of insurer as requested shall result in automatic suspension of the certificate of qualification and may be grounds for termination of this Agreement with TOW CONTRACTOR. TOW CONTRACTOR shall supply CITY with a Certificate of Insurance for the coverages and limits as shown in this Section. A thirty (30) day cancellation clause in favor of CITY shall be included in the Policy and the Certificate. 13.1 TOW CONTRACTOR, at its own cost and expense, shall keep in force at all times, and shall maintain the following during the terms of this Agreement: Comprehensive General Liability Insurance with minimum limits of coverage of One Million ($1,000,000.00) Dollars per incident Combined Single Limit for Bodily Injury Liability and Property Damage Liability. Automobile Liability Insurance coverage in the minimum amount of Three Hundred Thousand ($300,000.00) Dollars per person/per incident and property damage coverage of One Hundred Thousand ($100,000.00) Dollars per incident. Garage Keeper's Legal Liability Insurance coverage in the minimum amount of Seventy-five Thousand ($75,000.00) Dollars to protect owners of any and all vehicles and trailers towed or stored by TOW CONTRACTOR pursuant to this Agreement, from any loss or damage to such vehicle or trailer on account of such removal or storage. TOW CONTRACTOR shall provide CITY with Certificate(s) of Insurance on all policies of insurance and renewals thereof in a form acceptable to CITY. Each policy shall provide that CITY is an additional insured, and that the CITY shall be notified by the insurer in writing of any cancellation at least thirty (30) days prior to the effective date of cancellation. Each and every insurance policy must be issued by companies acceptable to CITY's Risk Management, and licensed, qualified and authorized to do business in the State of Florida. All policies must be at lease six (6) months in duration. Go Each TOW CONTRACTOR shall show proof of the insurance required under this Section prior to the issuance of a Certificate of Qualification. TOW CONTRACTOR shall not commence operation under the term of this Agreement, until certification or proof of insurance, detailing terms and provisions of coverage, has been received, reviewed, and approved by TOW CONTRACTOR agrees to maintain, at its own cost and expense, worker's compensation coverage required by the State. TOW CONTRACTOR'S LIABILITY. A. TOW CONTRACTOR shall be liable for any towed vehicle and property contained therein. 20 13.2 14.0 14.1 14.2 TOW' CONTRACTOR or its employee, representative, or agent shall inventory all personal property contained in each vehicle towed. The Tow companies are relieved of liability for property inside of the vehicle that was not listed on the inventory report completed by the officer on the scene. Go The inventory shall be made in triplicate and shall be signed by the person composing it. One copy shall be given to the owner or person in possession of the vehicle, or shall be securely attached to the vehicle; one copy shall be forwarded to the Boynton Beach Police Department, and the final copy shall be retained by TOW CONTRACTOR. NON-LIABILITY OF CITY FOR TOWED VEHICLES. CITY shall not be responsible or liable in any manner whatsoever for either the collection or payment of any charges for services rendered, including towing and storage. ACCESSIBILITY OF STORAGE FACILITIES. TOW CONTRACTOR agrees that all storage areas shall be accessible between the hours of 8:00 A.M. and 6:00 P.M., Monday through Fdday and 9 A.M. and 12 PM, Saturday; therefore the Gate Fee shall not be charged during the applicable business hours. Authorized personnel of TOW CONTRACTOR shall be available during such times to assure that the obligations and services, including retrieval of stored vehicles by the public, required of TOW CONTRACTOR are available and fulfilled. Accordingly, there shall be no "gate fees" charged to the CITY for retrieving or gaining access to a vehicle in storage. There will be a $40.00 gate fee charged to any individual(s) or other entity retrieving a vehicle from storage. PROTECTION OF VEHICLES AND PROPERTY. A. Vehicles and trailers stored in enclosed areas shall be stored under "lock and key." TOW CONTRACTOR shall protect all stored vehicles, and any evidence or personal property contained therein from theft and damage in accordance with all reasonable police department instructions and. directives. TOW CONTRACTOR agrees to replace any such article(s) upon verification of the loss by the designated investigative agency representing the City of Boynton Beach or Palm Beach County. INSPECTION OF FACILITIES. A. Storage facilities shall be subject to inspection and shall be approved by CITY prior to award of the Certificate of Qualification and the execution of this Agreement. Storage facilities shall be subject to periodic inspections during the term of Agreement when deemed necessary by the City 21 14.3 Manager's office or the CITY's Police Department. Notice of any deficiencies or violations of this Agreement discovered by CITY with respect to storage facilities shall be submitted to TOW CONTRACTOR in writing, and TOW CONTRACTOR shall remedy the same within ten (10) days of receipt of such notice. The Agreement may be terminated and the Certificate of Qualification revoked, or suspended at the option of the CITY. RELEASES OF VEHICLES AND PERSONAL PROPERTY. A. TOW CONTRACTOR agrees to release any vehicle or trailer which has not been marked "HOLD." Any vehicle or trailer marked "HOLD" shall not be released without the prior written consent of the City of Boynton Beach Police Department. All persons applying for release of the vehicle or trailer from TOW CONTRACTOR shall present adequate proof of ownership or dght to possession. Upon release, TOW CONTRACTOR shall give a receipt and itemized statement indicating all charges related to the impounding of the vehicle or trailer to the owner or person entitled to possession. C. Rightful owners shall be able to retdeve their towed vehicle or trailer from TOW CONTRACTOR twenty-four (24) hours a day, seven (7) days a week, including legal holidays, provided the appropriate documentation has been filed. Fo Any vehicle or trailer declared to be abandoned, junk or constituting a nuisance may only be released under the authority of the Boynton Beach Police Department. Any customer contacting TOW CONTRACTOR by telephone or otherwise prior to customer's arrival at the storage site shall be advised of the following by TOW CONTRACTOR: 1. each and every document or other item needed to retrieve vehicle; 2. exact charges at the time of contact and any additional charges that may accumulate subsequent to contact and before retrieval; 3. acceptable methods of payment; and 4. the hours and days that the storage site is open for regular business. If all matters are in order, customer shall be returned to possession of the towed vehicle or trailer within thirty (30) minutes of the request. 22 14.4 14.5 15.0 PERSONAL PROPERTY LOSS. A. CITY shall not be responsible for any loss or damage to vehicles to trailers, to any personal property contained therein, or to any vehicle accessories, regardless of the cause of such damage or loss. TOW CONTRACTOR shall hold CITY harmless as to any claims, suits or actions alleging such loss or damage. Personal property found in vehicles or trailers that have been stored by TOW CONTRACTOR shall not be sold or disposed of in any way to defray any charges for storage or towing. Bo TOW CONTRACTOR shall be held accountable for all personal property and vehicle accessories inventoried at the time the vehicle or trailer is towed, while the vehicle is stored at TOW CONTRACTOR's storage facility, and while TOW CONTRACTOR disposes of junk, abandoned and nuisance vehicles. TOW CONTRACTOR shall make restitution to owner for all such losses occurring by theft, fire, or other damage. DESTINATION OF TOWED VEHICLE. TOW CONTRACTOR shall not move any vehicle or trailer to any location (specified at time of tow) other than that designated by a CITY Police Officer or other authorized CITY representative, or owner or person in possession of vehicle. ALL CITY owned or leased vehicles towed from a location within Palm Beach County shall be towed, as requested to CITY property. Each and every vehicle towed from within the city limits shall be towed to a storage facility within the city limits of Boynton Beach, Florida, and shall remain at that location for at least seven (7) days. RADIO COMMUNICATION. A. All towing vehicles and wreckers must be equipped with two-way radio or telephone communication. The range of the communication system shall, at a minimum, extend throughout the Boynton Beach city limits. Accordingly, the base station for the above equipment must be strong and powerful enough to provide city-wide coverage. A citizens band radio is insufficient to meet this requirement. Bo Any radio communication shall, at no time, be tuned into any police' frequencies. C. Guidelines of the Federal Communication Commission (FCC) shall prevail. TOW CONTRACTOR shall, at all times, have a competent employee(s) manning the communication system. 16.0 Eo TOW CONTRACTOR shall provide a 24-hour emergency telephone number to be answered by a TOW CONTRACTOR employee designated to respond to emergency calls for service. This service is in addition to the communication system required in subsections 4.5(A)-(D) above, and is necessary so that TOW CONTRACTOR can provide timely and efficient service 24 hours a day, seven days a week. REPORTS AND RECORD KEEPING. A. TOW CONTRACTOR shall make available upon request to the CITY's Police Department, weekly reports of vehicles and trailers towed at the request of the Police Department. The written reports will be designed and supplied by CITY and the following information shall be provided thereon: 1. Name and owner of driver; 2. model and make of vehicle or trailer; 3. license plate number; 4. vehicle identification number; 5. time, date and location of tow; 6. cimumstances requiring tow; 7. whether or not a "HOLD" was placed on the vehicle by the Police Department; 8. time dispatched to scene and time of arrival; 9. storage facility where vehicle is stored; and 10. the date, time and name of employee releasing the vehicle. B. TOW CONTRACTOR shall make available upon request by the CITY's Police Department, a complete and detailed listing of all vehicles and trailers which have been impounded or stored for periods of thirty (30) days or more. Form to be provided by the CITY. Any vehicle or trailer that has not been claimed for a period of thirty (30) days from the towing of the vehicle, shall be reported in writing to the Police Department. C. Services related to CITY owned or leased vehicles or trailers shall be logged and forwarded by TOW CONTRACTOR on a monthly basis to the CITY Public Works Director. All such logs shall identify the vehicle or trailer towed, the location from which it was towed, and the hours and dates applicable to TOW CONTRACTOR's services with respect to those vehicles or trailers. The "service ticket" shall include the signature of the authorized CITY employee approving towing of the CITY vehicle or trailer. TOW CONTRACTOR shall provide such information, until such time as a form is provided to it by CITY, which then must be completed by TOW CONTRACTOR. TOW CONTRACTOR shall maintain containing the following information: 24 at its place of business records Fo Eo a vehicle storage receipt of each vehicle on the premises; a monthly log of all calls for service by the Police Department; a notification log indicating the date, time and method of notification to the registered owner of the stored vehicle or trailer; and A daily log setting forth a list of all vehicles towed, as well as information on each vehicle as required by Section 5.0(A) of this Agreement. INSPECTIONS. 1. TOW CONTRACTOR shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services relative to this Agreement. 2. TOW CONTRACTOR shall make available for inspection by authorized CITY personnel the compounds and storage facilities required herein. 3. In order to facilitate inspection and audits by authorized CITY personnel, records maintained by TOW CONTRACTOR relative to services provided under this Agreement shall be kept separate and apart from other company records. RECORDS RETENTION AND RIGHT TO ACCESS. TOW CONTRACTOR shall preserve and make available for inspection and/or removal for the purpose of copying, all financial records related to performance and billing under the terms of this Agreement, upon five (5) days prior notice. All records shall be maintained for a period of three (3) years after termination of this Agreement. If an audit has been initiated within that three (3) year period, but findings from the audit have not been resolved, the records shall be retained and maintained until resolution of audit findings. For monitoring purposes, TOW CONTRACTOR shall submit to CITY's Tow Agreement Monitor, upon request, a log sheet detailing each tow made by TOW CONTRACTOR during that month, as well as the amount charged and service given for each tow. A copy of the invoice for each tow should accompany the monthly report. Failure to comply with the provisions and requirements of Section 5.0 of this Agreement shall result in suspension from the wrecker rotation until such time as TOW CONTRACTOR corrects such noncompliance. Should TOW CONTRACTOR fail to comply with any of the provisions of this section may, in the discretion of the City Manager, warrant recommending to the City Commission termination of the Certificate of Qualification and Agreement with TOW CONTRACTOR. 17.0 18.0 19.0 CODE ENFORCEMENT CASES. A. When vehicles or trailers are towed from public property, including right-of- ways, after the appropriate notification, TOW CONTRACTOR has the option of destroying the vehicle or keeping it safe for sale pursuant to Sections 713.78 and 715.05, Florida Statutes. TOW CONTRACTOR must proceed in accordance with the provisions set forth in Sections 713.78 and 713.05, Florida Statutes. Any breach thereof shall constitute a breach of this Agreement. When vehicles or trailers are towed from private property after receiving the appropriate notification, TOW CONTRACTOR must store the vehicle or trailer for a minimum period of thirty-five (35) days, after which time TOW CONTRACTOR has the option to destroy or sell the vehicle or trailer pursuant to Section 713.78, Florida Statutes. NON-EXCLUSIVITY OF SERVICES. A. The owner or person in possession of the vehicle or trailer which has been involved in an accident or which has been incapacitated in any other manner shall be given the opportunity to contact a wrecker or tow company of his/her choice, as long as the disabled vehicle does not create a hazardous condition and a reasonable response time can be expected. Said person shall also be given the opportunity to have the vehicle or trailer towed to a garage or compound of his/her choice. Bo CITY shall not be liable for any charges for moving, towing, and storage of any vehicle or trailer; nor shall CITY be liable for any damages to any vehicle or trailer resulting from TOW CONTRACTOR's acts or omissions. All vehicles and trailers towed under the request of the CITY, including but not limited to the City's Police Department, Code Enforcement Department, Public Works Department, Fire Department, shall be governed by this section. INDEMNIFICATION AND HOLD HARMLESS CLAUSE. TOW CONTRACTOR shall defend, indemnify and save CITY, its agents, employees, and police department harmless from and against any and all claims, suits, actions, damages or causes of action whatsoever arising during the term of this Agreement, caused by any act or omission of TOW CONTRACTOR involving bodily injury, loss of life or damage to property, sustained as a result of TOW CONTRACTOR's duties; and from all costs, attorney's fees, expenses, liabilities, causes of action, investigations, and any administrative or legal proceedings brought therefrom; and from and against all orders, judgments or decrees which may be entered therein. 20.0 21.0 22.0 23.0 24.0 TOW CONTRACTOR shall further defend CITY, its agents, employees and police department in any action brought as a result of the items set forth in this section, and related to performance of this contract by TOW CONTRACTOR. In the event any litigation or other legal proceedings shall arise from this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and all costs and expenses incurred therein. NON-DISCRIMINATION. TOW CONTRACTOR hereby agrees and acknowledges that in the performance of this Agreement, it will not discriminate, or tolerate or permit discrimination on the basis of race, religion, gender, age, handicap, marital status, political affiliation, national origin, or otherwise with respect to its hiring practices and in the performance of the terms of this Agreement. POSTING AND PROVIDING CHARGES OF SERVICES. 1. TOW CONTRACTOR shall prominently post in a conspicuous location at its storage facilities and on its tow vehicles and wreckers, a list of charges, as set forth herein. A list of such charges shall also be printed and such charges shall be provided to the owner or person lawfully in possession of each vehicle and trailer towed by TOW CONTRACTOR. TOW CONTRACTOR shall not charge for any service that exceeds such posted or listed amount, nor shall TOW CONTRACTOR perform any service that is not deliniated on such posted or listed schedule without giving the owner or person lawfully in possession a written estimate of the amount that will be due and payable upon completion of the unposted or unlisted service. COMPLIANCE WITH LAWS. This Agreement shall be governed by all federal, state, and local laws, regulations, ordinances, and codes, as amended from time to time, and as set forth by any other regulatory agency, including but not limited to, any and all municipal codes, ordinances, or regulations which may govem CITY as a Florida municpal corporation. NON-ASSIGNABILITY. The Certificate of Qualification shall not be assigned, sold or transferred in any manner whatsoever. DISPOSAL OF VEHICLES. Should TOW CONTRACTOR, as a result of this Agreement, have in its possession any vehicle, trailer, or personal property from therein for a period in excess of ninety (90) days, and be ordered to relinquish such vehicle, trailer or personal property to the City of Boynton Beach Police Department, 27 25.0 26.0 27.0 TOW CONTRACTOR agrees to do so with no additional charges to CITY, other than that specified in this Agreement. MODIFICATION OF THIS AGREEMENT. No waiver or modification of this Agreement or any covenant, condition, provision, or limitation contained therein shall be valid absent the execution and approval of a written addendum executed by both parties. No evidence of any waiver or modification shall be offered or received into evidence in any proceeding, arbitration or litigation between the parties to this Agreement, unless such waiver or modification is duly executed as set forth in this Section. ETHICS AND CONDUCT. TOW CONTRACTOR hereby agrees to conduct operations under this Agreement in a courteous, orderly, ethical and businesslike manner. As it is recognized by both parties that this Agreement is sensitive in nature and requires TOW CONTRACTOR and its personnel and employees to work with the public on a daily basis, TOW CONTRACTOR is required to extend common courtesies, including but not limited to: Expedite release of vehicle in accordance with the terms of this Agreement; Assist the vehicle or trailer owner in retrieving documents from the vehicle or trailer to establish ownership; Permit the owner to remove the auto tag and any unattached personal possessions; Explain fully and politely the reason for the tow and all charges levied; and If a dispute occurs, TOW CONTRACTOR shall attempt to resolve the dispute promptly and politely. If it cannot be resolved satisfactorily, the dispute shall be reported to the City Manager's Office no later than the next business day. WRECKER ROTATION LIST PROCEDURE. A. Purpose. The purpose of the wrecker rotation is to have in place a procedure for wrecker call-out on a per incident basis (except Code Enforcement). An index card system is utilized and maintained by the CITY's Communication Division. Procedure. 1. Card System. a. Index cards will be arranged in a four-card file system, as follows: i. Class "A" and "B" Wrecker Companies; ii. Class "C" Wrecker Companies; and iii. Code Enforcement Wrecker Companies (all Class "A"/"B" TOW CONTRACTORS required to participate). 28 bt iv. City Vehicles TOW CONTRACTORS will be filed in alphabetical order, according to corporate name. A TOW CONTRACTOR will be called in rotation order from the card file on a per incident basis. Wrecker Response. a. If TOW CONTRACTOR is unable to respond to a call for service, TOW CONTRACTOR will be moved to the end of the list, thereby forfeiting that rotation. b. The CITY official, agent or employee on the scene requesting the wrecker or tow shall determine whether a wrecker remains on the top of the rotation list in the event of cancellation or other circumstances where the wrecker is not used. Said CITY official shall notify the Communications Division upon cancellation of the tow and the tow company will retain their position on the rotation list. c. The next tow company in the rotation will be contacted in the event TOW CONTRACTOR cannot be reached by the CITY's Communications Division or TOW CONTRACTOR has failed to respond within a reasonable time to a hazardous scene. The City official, agent or employee shall determine, based on his sole discretion, whether the response time was excessive. During the midnight shift, the CITY will reconcile logs on a daily basis, and will gather any reports of problems or incidents that were brought to the attention of the dispatch supervisor, who shall forward the same to the Tow Agreement Monitor within the CITY's Police Department. Rotation Tracking. a. A manual log will be used by CITY to track all vehicle or trailer tows to include rotation wreckers. b. The log shall contain the date and time of the tow, the tow company, the CITY officer, agent or employee, dispatch,. case number, remarks, and a computer check. c. Specific requests from the vehicle or trailer owner or person lawfully in possession will not be charged against the rotation schedule. The request shall be logged as such by CITY in the manual log. If an owner's request cannot be honored for any reason whatsoever, a rotation wrecker will be contacted and so charged on the rotation schedule. Knowledge of Position on Rotation List. a. TOW CONTRACTOR is responsible for knowing its position on the wrecker rotation list. CITY will not provide this information over the telephone. b. The rotation list is public record pursuant to Chapter 119, Flodda Statutes, and is available for inspection, by appointment, during regular business hours. 28.0 CODE ENFORCEMENT TOWING PROCEDURE. A. Purpose. Standard operating procedure is to be utilized for the removal of vehicles or trailers deemed to be abandoned, unregistered or wrecked as described in Section 10-52, City of Boynton Beach Code of Ordinances. The towing of these vehicles are to be at no charge to the CITY. Procedure. 1. Tow List. a. Tow lists can be picked up at the front desk of the the CITY's Police Department on the 1st, 10th, and 20th day of each month. All tow lists must be retumed to the front desk no later than midnight of the last day of the month. b. Results of the status of each vehicle or trailer will be noted on the list (i.e. towed, gone-on-arrival, or currently licensed). c. Those vehicles or trailers whose status is not verified will automatically roll-over to the next month's tow list. d. Each TOW CONTRACTOR represented in the rotation system shall supply the name of and accessible contact person and that person's phone number to the Police Department employee responsible for the tow list. Rotation. a. Wrecker companies shall rotate Code Enforcement tows on a monthly basis. b. TOW CONTRACTOR is required to notify CITY's Code Enforcement Department and the employee responsible for the tow list, at least ten (10) days in advance of its month do undertake Code Enforcement tows, if said TOW CONTRACTOR is unable to perform such tows as requested by CITY. In the event TOW CONTRACTOR is unable to perform, it shall be moved to the end of the Code Enforcement Rotation, and may be subject to penalties as provided in this Agreement. 3O 29,0 29.1 29.2 TOW CONTRACTOR's failure to perform Code Enforcement tows for more than two (2) months during any twelve (12) month period may result in suspension from ALL tow lists for a period of time as determined under the sole discretion of the CITY's City Manager. Co CITY hereby reserves the right to modify the rotation schedule or procedure for Code Enforcement tows under this section of the Agreement in an effort to improve upon the procedure to place code enforcement tows in the regular rotation or otherwise. TERM OF AGREEMENT. This Agreement shall take effect as of the date the Agreement is ratified by Resolution of the City of Boynton Beach City Commission, and shall have a term of two (2) years from that date. This Agreement shall be automatically renewed for one (1) additional year, unless either party provides written notice via certified mail to the other party within thirty (30) days of the end of the yeady term, that the Agreement shall be terminated at the end of the term. INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that TOW CONTRACTOR is an independent contractor under this Agreement and not the CITY's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. TOW CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out TOW CONTRACTOR's activities and responsibilities hereunder. TOW CONTRACTOR agrees that it is a separate and independent enterprise from the CITY; that it has full opportunity to find other business; that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the TOW CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by TOW CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. NOTICE. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with retum receipt requested, 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. 3! For the present, the TOW CONTRACTOR and the CITY designate the following as the respective places for giving of notice: City Manager City of Boynton Beach P.O. Box 310 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 TOW CONTRACTOR: EMERALD TOWING SERVICF 1370 W. INDUSTRIAL AVENUE, #107 BOYNTON BEACH, FL 33426 29.3 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. 29.4 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. 29.5 GOVERNING LAW. The terms and conditions of this Agreement shall be governed by and interpreted under the laws of the State of Florida. Venue for the purposes of any litigation arising out of this agreement shall be in Palm Beach County, Florida. 29.6 EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between CITY and TOW CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 32 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and wimessed in the presence off Si~ed, sealed ~d'~~xw in ~e presence of: State of Florida County of Palm Beach ) ) SS: ) Approved as to Form: · City Attorney CONTRACTOR Presi~ o~: Vi'c~side~ - -' Attest as t~CON'*rRAL~R ~ On this day of (_~)(3'~ ' , 206j/, personally appeared before me, duly authorized io administer oaths, (/~/21 ~ ~ FTC. (~/e*/~?~/,~.5. known to be the persons described herein /c~r' who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. My Commission Ex~ WPV~GMTS~Towino Agreement 33 CERTIFICATE OF QUALIFICATION The City of Boynton Beach, hereby issues this Certificate of Qualification to the following company, and hereby certifies that the company named in this certificate is qualified to perform towing services pursuant to the Towing Service Contract approved by the Boynton Beach City Commission pursuant to the adoption of Resolution 01-256. COMPANY NAME: ADDRESS: PHONE NUMBER: CONTACT PERSON: ATTEST: EASTERN AUTO BODY & GLASS, INC. DBA/EASTERN TOWING 417 N.E. 6th Avenue Boynton Beach, Florida 33435 (561) 3694356 David S. Flo~'ing City Manager KURT BRESSNER CITY MANAGER BOYNTON BEACtt. FI. AGREEMENT THIS IS AN AGREEMENT, dated the 20th day of September 2001, between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and EASTERN AUTO BODY & GLASS, INC. DBA/EASTERN TOWING. hereinafter referred to as "TOW CONTRACTOR". WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and TOW CONTRACTOR agree as follows: SPECIAL TERMS AND CONDITIONS 1.0 RATES. The rates herein have previously been established and approved by the Boynton Beach City Commission and will remain firm and fixed for the term of this Agreement. The rates charges by TOW CONTRACTOR to provide all labor, tools, materials, and equipment shall not be greater than the applicable maximum rates as provided by this Agreement. 1.1 APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY CITY These rates are the only rates that will be charged vehicle owners under this Agreement: TOWING BY ITEM DESCRIPTION (1) Class A (cars, vans, light trucks under 10,000 GVW) within City limits; $90.00 per call (2) Motorcycles within the City limits; $90.00 per call (3) Towing outside the City limits for cars, vans, motorcycles, and light trucks 3/4 and less; an additional $3.00 per towed mile from the City limits (4) (5) (6) (7) (8) (9) Class B (vehicles 10,000 to 30,000 GVW) within the City limits; Towing outside the City limits for Class B vehicles; Class C vehicles (over 30,000 GVW) within City limits; Class C vehicles outside City limits; Additional time at the scene after first hour, per 1/2 hour thereafter (applied to all vehicles, cars, vans, and trucks under and over 3/4 ton, for waiting and extra street clean-up. This provision shall not apply in conjunction with vehicle recovery under Section 1.2(C). Miscellaneous other charges 4 X 4/off-road vehicle recovery Tarp fee Lowboy service Outside the City limits $175.00 per call an additional $4.00 per towed mile from the City limits $200.00 per call an additional $8.00 per towed mile from the City limits $40.00 per half hour $95.00 for the first hour, and $30.00 per half hour thereafter $35.00 per call $175.00 per hour an additional $6.00 per towed mile from City limits Underwater recovery salvage divers $125.00 for first half hour or part thereof, and $31.00 for each additional 1/4 hour or part thereof. (10) For purposes of this Agreement, when CONTRACTOR is entitled to additional charges based on time spent at the scene, unless otherwise specified, CONTRACTOR shall apportion the charge set forth herein to be consistent with the actual time spent on the scene. Bm STORAGE AND LIEN NOTICE (1) Cars, vans, trucks under 3/4 ton Outside storage Inside storage $25.00 per day $30.00 per day (2) Trucks and vehicles over 3/4 ton Outside storage Inside storage $35.00 per day $40.00 per day (3) Motorcycles Outside storage Inside storage $15.00 per day $20.00 per day (4) Boat and trailer (21 feet and under) Outside storage Inside storage $17.00 per day $22.00 per day (5) Boat and_trailer (over 21 feet) $30.00 perday (6) Lien notice (after 24 hours of storage) $40.00 per vehicle Per Florida Statutes, no storage fee shall be charged to the vehicle owner for a vehicle stored less than six (6) hours. "Per day" shall be defined as a twenty-four (24) hour period or any part thereof. VEHICLE RECOVERY The following vehicle recovery fees may be charged to the vehicle owner when the vehicle is overturned, embedded in sand, mud, or water, or requires more than a single hook-up: Class A and B wrecker on the scene; $90.00 per hour and $30.00 per each half hour after the first hour (2) Extra man (each) on the scene $35.00 per hour Du ROAD SERVICE For all trucks, cars, vans and other vehicles under and over 3/4 ton, a road service fee of $40.00 per call may be charged to the vehicle owner for services such as assisted start, unlocking a door, delivering gas, tire changes, etc. 1.2 APPROVED TOWING RATES - CITY OWNED OR CITY LEASED VEHICLES A. All CITY owned or CITY leased vehicles under the 3/4 ton Class "A" wrecker will be towed at forty (40%) percent the Class "A" rate, as indicated in Section 1.11 of this Agreement. Bo All CITY owned or CITY leased vehicles under 3/4 ton requiring road service as indicated in Section 1.11 of this Agreement will receive such services at forty (40%) percent of the road service rate. All vehicles towed at the request of the Boynton Beach Police department as a crime scene vehicle, confiscated vehicle, forfeited vehicle, or in any other way related to police business will be towed at forty (40%) percent of the contract rate and will be stored for forty (40%) percent of the contract storage rate as stated in Section 1.11 of this Agreement. Do All CITY owned or CITY leased vehicles towed under Class "B" or Class "C" will be towed at forty (40%) percent of the appropriate Class "B" or "C" rate as set forth in Section 1.11 of this Agreement. Eo All vehicles towed at the request of Code Enforcement, or any other department of CITY in connection to City business, shall be towed at forty (40%) percent of the contract rate and will be stored at forty (40%) percent of the contract rate, as set forth in Section 1.1 of this Agreement. Fo City shall not be assessed any waiting time charges, whatsoever. 4 1.3 2.0 Go Companies will not lose position on rotation when called for tow of City owned vehicle. SPECIAL AND ADDITIONAL CHARGES A. WAITING TIME. The cost for waiting time shall not be assessed by TOW CONTRACTOR until forty-five (45) minutes after arrival at the scene. LABOR CHARGES. The cost for labor under any circumstances and when applicable shall not be assessed by TOW CONTRACTOR until forty-five (45) minutes have expired after ardval at the scene. Labor charge must be cleady shown on the tow receipt with a written explanation of the labor charge. LABOR CHARGES PROHIBITED. The cost for labor shall not be assessed to CITY or Customer under any circumstances for the clean-up and removal of vehicle parts and debris, regardless of the labor and time necessary to complete clean-up and removal. Labor to the general public will be reviewed within six (6) months of the effective date of this contract. SERVICE CALL. TOW CONTRACTOR agrees that the mere response to a service call scene without other action does not constitute a service for which charges may be assessed to the vehicle owner. DOCUMENTATION OF SPECIAL AND ADDITIONAL CHARGES. TOW CONTRACTOR will document in detail on the tow receipt the reason(s) for waiting time charges and the work performed for assessed labor charges. TOW CONTRACTOR agrees that the special or additional charges may be disputed by CITY officials and/or the vehicle owner or representative. TOW CONTRACTOR further agrees that the City Manager or his/her designee will make the final determination on the assessment of a disputed special and additional charge, and that TOW CONTRACTOR shall abide by the decision of the City Manager or his/her designee. CONSIDERATION FOR AWARD AND AWARD PROCEDURES A. A certificate of qualification shall be granted to the best responsible applicants meeting the specifications set forth herein, which serve the best interests of the CITY based upon the following cdteda: the ability of the applicant to provide the required services with regard to the extent and condition of equipment and facilities, record keeping procedures, competency of staff, financial support, and exceptions taken to contract terms, conditions and specifications; 2.1 experience, qualifications, training and past performance of each proposed towing company's owners and officers, and persons directly involved in managing the service on a regular basis; substantiated complaints received by CITY or Palm Beach County Consumer Affairs concerning misconduct on the part of the proposed towing company, such as excessive charges, poor business practices, damage to vehicles, extensive involvement in litigation will be considered and shall weigh heavily against each applicant. Evaluation of applications will be conducted by a committee of City staff who shall evaluate all responsive applications received from applicants meeting or exceeding the contract specifications based upon the information and references contained in the applications. The committee shall also consider the inspection of the applicants facilities, equipment, record keeping, and employees. The committee will then make recommendations to the City Manager in the form of a list of proposed tow company applicants. The City Manager shall then turn over his/her recommendation to the City Commission. The City Commission reserves the right, based upon its deliberations and its opinion, to award a certificate of qualifications. ELIGIBILITY. A. To be eligible to respond to this RFQ, TOW CONTRACTOR shall be regularly engaged in the towing business on a full-time basis in Palm Beach County and the City of Boynton Beach, and shall be able to produce evidence or prior experience in providing similar services continuously for the past two (2) years (one year of which must have been within Palm Beach County, Florida). Bo Co TOW CONTRACTOR shall have satisfactory financial support, required equipment and organization sufficient to ensure that TOW CONTRACTOR can satisfactorily execute the services, if granted a contract, under the terms and conditions stated herein. In the event litigation arises out of the CITY's failure to select a particular applicant, damages, if any, shall be limited to actual preparation costs incurred by the challenging party. The terms "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well established company as determined, approved or ratified by the Boynton Beach City Commission. TOW CONTRACTOR shall have an office and storage facility within the city limits of the City of Boynton Beach at the time the proposal is submitted for CITY's review. The storage facility shall be in full compliance with the terms of this Agreement, and shall be maintained as such at all times during the duration of this Agreement. TOW CONTRACTOR agrees that it will, at its sole cost and expense, if selected, fulfill and comply with all laws, ordinances, codes, regulations and requirements of the City of Boynton Beach, Palm Beach County, the State of Florida, the United States of America, and any and all governmental agencies having jurisdiction over the providing of services as contemplated in this Agreement. TOW CONTRACTOR must maintain at all times, any licenses or permits required by the State of Flodda, Palm Beach County and the City of Boynton Beach in order to conduct business as a wrecker or tow service. Proof of said license shall be submitted prior to the approval of this Agreement. G. TOW CONTRACTOR shall be licensed to do business in the City of Boynton Beach pursuant to Chapter 13 of the Boynton Beach Code of Ordinances. Ho At all times dudng the term of this Agreement, TOW CONTRACTOR, its subsidiaries, agents, employees or representatives shall only appear on the rotation list once. Under no circumstances shall a Tow Contractor who has a business, financial or legal relationship with another Tow Contractor be permitted to have more than one place on the rotation list. If and whenever a tow contractor obtains Class "C" certification(s), that Contractor will be included in the Class "C" Rotational Basis. In order to be placed on the Class "C" Rotational Basis, the Towing contractor must submit proof of their certification to the City of Boynton Beach and follow all procedures that are currently in place for Class "C" tow contractors as stated in the Towing Agreement. 2.2 APPLICATION REQUIREMENTS. All applications shall be submitted as specified on the application pages. Any attachments must be clearly identified. To be considered, the application must respond to all parts of the RFP. Any other information thought to be relevant, but not applicable to the enumerated categories, should be provided as an appendix to the proposal. If publications are supplied by an applicant to respond to a requirement, the response should include a reference to the document number and page number. This will provide a quick reference for the evaluators of the application. Applications failing to provide this reference will be considered to have no reference material included in the additional documents. ALL SUBMITTED MATERIALS BY PROPOSED TOW CONTRACTORS MUST BE TYPED. NO HANDWRITTEN MATERIALS WILL BE ACCEPTED. ANY HANDWRI7 lt:N APPLICATIONS THAT ARE RECEIVED WILL BE AUTOMA TICALL Y DISQUALIFIED AND WILL NOT BE CONSIDERED. 2.3 GENERAL SPECIFICATIONS. A. TOW CONTRACTOR shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services rendered relative to the subject Agreement. Bo TOW CONTRACTOR shall furnish towing service for the removal of vehicles within the City of Boynton Beach when required and when dispatched or required by the City of Boynton Beach Police Department (or other CITY authorized representative in the case of city-owned or city leased vehicles). Such services shall be made available on a twenty-four (24) hour basis. CITY shall be given preference only for calls by the Police Department. TOW CONTRACTOR shall maintain adequate storage space within the City for said vehicles when towed. Said storage facilities shall meet the minimum requirements set forth in this Agreement. At an accident scene, TOW CONTRACTOR shall remove from the street and surrounding area all broken glass and other debris resulting from the accident. Eo CITY shall have the right to cancel a request for tow company service up until the time that a wrecker is hooked onto a vehicle and ready for transport to the storage facility. However, if the tow is cancelled, the tow company will retain their position in the rotation. 2,4 SPECIFICATIONS FOR WRECKERS. The CITY agrees to maintain three (3) wrecker rotation lists, as follows: 1. Class "A"/"B" List; 2. Class "C" List; and 3. Code Enforcement List (mandatory for all Class "A"/"B" tow contractors). Ao TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to two (2) CLASS "A" TOWING/RECOVERY VEHICLES with the following specifications: Small wreckers with a minimum four (4) ton capacity, with a minimum GVW rating of 10,000 pounds and equipped with a cradle, or tow plat, or sling, and safety chains. 8 Bo Eo 2. Boom capacity greater than or equal to four (4) tons. 3. Power winch with a pulling capacity of at least four (4) tons. At least One hundred (100) feet of 3/8-inch thick (or greater) cable with an end hook. One of the required Class "A" wreckers must be a flatbed truck roll- back or slide-back, with a minimum four (4) ton capacity, a GVW rating of at least 10,000 pounds, with at least (4) ton winch pulling capacity, a fiat bed seventeen to twenty (17-20) feet in length, and at least fifty (50) feet of 3/8 inch cable. TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS "B" TOWING/RECOVERY VEHICLE, which shall be flatbed or slide-back, that is mounted on a 23,000 pound GVWR chassis and equipped with a four (4) ton winch. Should TOW CONTRACTOR desire to be placed on the Class "C" wrecker rotation list, TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS "C" TOWING/RECOVERY VEHICLE with the following specifications: Large wrecker with at least twenty-five (25) ton capacity, a GVW rating of at least 25,000 pounds, a cradle or tow plat or sling, and safety chains or wheel lift capability. 2. An extendible boom with a capacity of at least fifteen (15) tons; A twin power winch with a pulling capacity of at least twenty-five (25) tons. 4. At least two hundred (200) feet of 5/8 inch thick cable. 5. Air brakes with an auxiliary air supply. Class "C" TOW CONTRACTORS must have the ability to tow an aerial fire truck that is approximately 64,000 pounds GVW, any sanitation truck, and a Track Excavator that is approximately 30 tons. TOW CONTRACTOR shall own, lease, or mortgage and have immediate access to at least one (1) motorcycle trailer. EACH AND EVERY tow truck or recovery vehicle must be outfitted with the following supplies and equipment: Operating clearance and marker lights, as well as any other equipment required by Florida Statutes, or any other laws or codes governing tow and recovery vehicles; There shall be a rotor beam or strobe light, that is amber in color and mounted on the wrecker in such a manner that it can be seen from the front, rear and sides of the vehicle; 3. One (1) heavy-duty push broom; 4. A flood light on the hoist; 6. 7. 8. 10. 11. 12. 13. 14. 15. 16. One (1) flat-nose shovel; One (1) ax; One (1) crowbar; At least one (1), five (5) pound Carbon dioxide fire extinguisher with a current inspection tag. The fire extinguisher must be an approved type; One (1) pair of bolt cutters; One (1) set of jumper cables; One (1) four-wait lug wrench; One (1) high-intensity flashlight; One (1) set of red highway reflectors; Five (5) thirty minute flares; Each wrecker and tow vehicle shall contain a telephone or radio communications system to enable continuous direct contact between the driver and the office of TOW CONTRACTOR; and Each vehicle shall be specifically designed, constructed and equipped for the towing of vehicles, and shall at all times, be propedy maintained in a mechanically safe condition. l0 3.0 To be awarded and to maintain a certificate of qualification, a Class "A"/"B" TOW CONTRACTOR shall have in operational condition at the time the certificate of qualification is awarded and for the duration of this agreement at least two (2) Class "A" wreckers, and one (1) Class "B" wrecker. Ho TOW CONTRACTOR shall have available at all times, sufficient equipment to perform all services required herein on a timely and responsible basis. TOW CONTRACTOR shall notify CITY in the event any of the required equipment, as set forth in this Agreement, is inoperable, sold, levied upon, repossessed or attached. STANDARDS OF CONDUCT FOR TOW CONTRACTORS. A. TOW CONTRACTOR shall comply with all laws, rules and regulations of any governmental agency having jurisdiction in the premises, including but not limited to, licensing and minimum safety requirements. TOW CONTRACTOR shall be the holder of a general towing and wrecker service license issued by Palm Beach county and shall be the holder or any licenses required by Florida law and the City of Boynton Beach. Co Each wrecker shall be manned by a driver who must meet the following qualifications: Possesses a valid State of Florida required Commercial Drivers License (CDL); Possess knowledge of the layout of streets and roadways within the City of Boynton Beach; and Be physically qualified to perform the normal and everyday tasks required of a tow truck operator. Do TOW CONTRACTOR shall ensure that each driver operates the company's equipment in a safe and proper manner in accordance with operating manuals and Florida Statutes. Upon receipt of a complaint from the City of Boynton Beach Police Department on a driver's unsafe, unlawful or improper operation, documented corrective action must be taken by TOW CONTRACTOR. 4.0 STORAGE FACILITIES. TOW CONTRACTOR shall maintain a storage facility for all impounded vehicles. There shall be an outside, enclosed area and an inside storage area. All facilities shall be located within the city limits and be owned or leased by TOW CONTRACTOR. TOW CONTRACTOR's storage facilities cannot be relocated without written consent from CITY. Should TOW CONTRACTOR relocate without obtaining said consent, the relocation shall constitute a breach of this Tow Agreement. OFFICE FACILITIES. It shall be the duty of TOW CONTRACTOR to maintain office facilities: a. to include telephone and restroom facilities, and a work area containing, for example, a desk, phone, facsimile machine, computer, etc.; with a physical plant having the name of the company and the mailing address and 24-hour phone number clearly painted; that are accessible to CITY officials at anytime, 24 hours a day, 7 days a week; and that maintains a radio communication system at all times, 24 hours per day, 7 days a week. TOW CONTRACTOR shall not utilize any phone answering services(s), as said services are strictly prohibited under the terms of this Agreement, and use of such services shall constitute a breach thereof. OUTSIDE STORAGE a. Outside storage shall be kept and maintained to provide for the removal of junk, tires, and auto parts; the regular trimming of all shrubbery, bushes, trees and grass areas (along fence line and on property); and adequate drainage to prevent standing water. Outside storage areas must be protected by an enclosed solid wall or a substantial wire fence not less than six (6) feet in height. The top of such a fence or wall, including all gates, doors, or roofed open areas shall be equipped with not less than twelve (12) inches of barbed wire installed in such a manner as to discourage access over the top of such a fence or wall. All fences and walls shall be maintained in good repair throughout the term of this Agreement. Any damage to such walls or fences shall be repaired within twenty-four (24) hours of its occurrence. Co The area must have a vehicle storage capacity of at least twenty- five (25) vehicles. This storage will predominantly be utilized for accident tows, designated "HOLD," confiscated, and evidence vehicles. A secondary storage area may be located within a ten (10) mile radius of the City of Boynton Beach, and may be utilized for Code Enforcement-related tows. INSIDE STORAGE. TOW CONTRACTOR shall be capable of storing up to three (3) vehicles in inside storage, and shall maintain at least one (1) inside storage space that shall meet the following specifications: a working area of 9' X 20' per vehicle with at least an eight (8') foot high ceiling; bo a paved floor (i.e. concrete, asphalt) that is free from dirt, standing water and vegetation; Co an electrical lighting source sufficient to permit processing of a vehicle; and d. one (1) outside window or a ventilation system. CRIME SCENE, CONFISCATED, SPECIAL "HOLD" STORAGE a. Any vehicle towed or stored as a result of the marked "HOLD" relative to a crime scene investigation shall be handled with gloves (i.e. cloth, rubber or leather) by the wrecker operator. bo Co do Cdme scene vehicles shall be stored to prevent physical contamination or degradable evidence from deteriorating, and by inside storage. If inside storage is not available, CONTRACTOR shall surrender the tow and fee to the next Contractor in rotation. This shall not prevent CITY from removing the vehicle or trailer and storing it at a City-owned or controlled facility or at another Tow Contractor's storage compound. If laboratory work on a crime scene vehicle is required and the vehicle must be processed at the City of Boynton Beach Police Headquarters, the crime scene vehicle shall be transported to the City-designated location. Vehicles which have been marked "HOLD" by the Police Department shall be stored at such compound for whatever period of time necessary, in order to propedy process the .vehicle and conduct any investigation necessary. 5.0 5.1 5.1.1 Confiscated vehicles or vehicles involved in litigation shall be protected from the elements, preferably at an inside storage facility, as to maintain the vehicle in its condition at the time of towing. This shall not prevent CITY from removing the vehicle and storing the vehicle at a City owned or controlled facility or at another Tow Contractor's facility. City of Boynton Beach Police Department personnel shall be permitted access to all such vehicles at all times. PERFORMANCE PROBATION PERIOD. A. A contractor awarded a Certificate of Qualification will be subject to a three (3) month probationary period. During this time, the contractor's performance will be evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the standards set forth in this Agreement, the City Commission may, upon the recommendation of City staff, by wdtten notice setting forth the default under the ,Agreement terms, revoke the Certificate of Qualification. If performance is acceptable at the end of the probationary period described herein, TOW CONTRACTOR will be so notified by the City. Should the City Commission revoke a Certificate of Qualification within the three (3) month probationary period, another Certificate of Qualification may be awarded to an eligible company as determined by the City Commission. ROLE OF CITY MANAGER AS TO PENALTIES. The City Manager for CITY shall have the power to formally reprimand TOW CONTRACTOR, suspend the Certificate of Qualification, suspend activities of TOW CONTRACTOR under the terms of this Agreement, recommend to the City Commission revocation of the Certificate of Qualification, and recommend to the City Commission that this Agreement with TOW CONTRACTOR be terminated. FORMAL REPRIMAND. Upon review of materials provided to him/her by City staff, the City Manager may issue a written reprimand to TOW CONTRACTOR for any act or omission, which in his/her sole discretion, is deemed to be a violation of this Agreement. A written reprimand for an act or omission in violation of the terms of this Agreement shall be grounds for recommending termination of the Certificate of Qualification should the City Manager deem such action to be appropriate under the circumstances. ]4 5.1.2 5.1.3 5.1.4 REVOCATION. In the event any criteria for qualification established by this Agreement and Resolution R01- are violated by a Certificate Holder (TOW CONTRACTOR), CITY may serve written notice upon Certificate Holder of the recommended revocation of the Certificate of Qualification and/or termination of the Agreement. However, any and all liabilities of TOW CONTRACTOR and the surety for acts, omissions, or violations occurring prior to the date of cancellation shall not be affected, waived or otherwise as a result of the cancellation. In the event City Manager for CITY recommends revocation of the Certificate of Qualification and/or termination of the Agreement with TOW CONTRACTOR, such a recommendation shall be considered by the City Commission for CITY. COMPLAINTS AGAINST TOW CONTRACTOR. TOW CONTRACTOR hereby agrees that any complaints received by CITY concerning the performance of TOW CONTRACTOR's duties under this Agreement and otherwise shall be referred to the City Manager of the City of Boynton Beach. The failure of TOW CONTRACTOR to follow any subsequent reasonable instruction of the City Manager regarding any complaint will be considered a material breach of this Agreement and the awarded Certificate of Qualification, and shall be cause for termination thereof. REPUTABILITY. Lack of reputability shall be cause for revocation of a Certificate of Qualification and shall include, but not be limited to the following: Misstatements concerning the conviction of any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; Retaining any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; Retaining any officer, employee or agent convicted of any felony or first degree misdemeanor directly related to the business and/or operation of a wrecker, when that person's civil rights have not been restored. For the purpose of this Agreement, any offense involving perjury, false statement or theft shall be considered to be directly related to the business operation of a wrecker. Retaining any officer, employee or agent convicted of the offense of driving under the influence of alcohol or any other controlled substance to the extent that normal faculties are impaired; of the offense of driving a vehicle and having an unlawful blood alcohol level; or of any other cdminal traffic offense. 5.1.5 SUSPENSION Should at any time during the term of this Agreement, including dudng any option terms, the tow company be in violation of any of the terms and conditions of this Agreement, the City Manager or his or her designated agent shall have the right to suspend the company until the violation is resolved to the satisfaction of City staff. If the violation is not promptly resolved or is of such a serious nature that the City Manager determines that suspension is inadequate, the City Manager reserves the right to recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR for cause. Should at any time during the term of this Agreement, including during any option terms, TOW CONTRACTOR or its principals become the subject of a criminal investigation, the City Manager shall have the right to suspend TOW CONTRACTOR's Certificate of Qualification pending the outcome of any criminal investigation and trial, should one result. Upon the conclusion of a criminal investigation that does not result in criminal charges against TOW CONTRACTOR or its principals, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR, or the City Manager may lift the suspension, thereby reinstating the Certificate of Qualification to TOW CONTRACTOR. If an adjudication of guilt is entered against TOW CONTRACTOR at the conclusion of a trial or via plea bargaining with the State, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR or City Manager may reinstate. 6.0 COMMERCIALLY MANUFACTURED EQUIPMENT. A. Each tow truck, recovery vehicle and all equipment owned, leased, or mortgaged by TOW CONTRACTOR shall be commercially manufactured and shall conform to the requirements set forth herein or be approved by CITY or its designee. Bo Each tow truck, recovery vehicle, and all equipment utilized by TOW CONTRACTOR shall be maintained in good mechanical condition at all times. Each tow truck, recovery vehicle, and all equipment is subject to inspection by CITY or its designee at all times during the term of this Agreement. Do No vehicle of TOW CONTRACTOR shall be used as an emergency vehicle, except when the circumstances justify the use of the vehicle in that manner. (i.e. flashing lights are to be used only when necessary). 6.1 7.0 8.0 9.0 10.0 MARKINGS. TOW CONTRACTOR agrees to have no markings on vehicles, buildings, or correspondence that indicates or tends to indicate any official relationship between TOW CONTRACTOR and the City of Boynton Beach. SITE CLEAN-UP. TOW CONTRACTOR shall, at no cost to CITY, the public or the owner of the towed vehicle or trailer, promptly remove all debris from the public street, sidewalks, parks, and property of CITY; and shall remove the same to a proper place for disposal if the accident scene is, will or has been served by TOW CONTRACTOR, its agents or employees. The owner of the vehicle or trailer towed may be charged pursuant to the rate schedules set forth in this Agreement for the clean-up of hazardous wastes, chemicals, construction debris and spilled loads. EMPLOYEES. TOW CONTRACTOR agrees to maintain, and upon request, provide to the City of Boynton Beach Police Department the following information on all officers, employees, agents, and servants, and to be responsible for keeping the information accurate and current: name, address, date of birth, driver's license number, social secudty number, and photograph. TOW CONTRACTOR agrees that the owner(s) of the company or the officers of the company, if a corporation, shall be personally responsible for the acts of their employees, while said employees areon-duty. TOW CONTRACTOR further acknowledges and agrees to notify its employees that CITY may run drivers license histories on any driver at any time with or without cause. TWO OR MORE APPLICATIONS UNDER DIFFERENT NAMES RECEIVED FROM ONE PROPOSER. If more than one application is submitted by any one proposer, by or in the name of his or their clerk, partner, or other persons, and it is determined by CITY staff that such applicant is under single, identical, or substantially the same ownership, all such applications will be rejected. If the above described dual ownership is not revealed until the contract term has begun, said action shall constitute grounds for revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR. RESPONSE TIME. A. TOW CONTRACTOR shall, at the request of the CITY Police Department or other CITY official requesting tow truck service at any time of the day or night, arrive at the scene with the appropriate equipment within the following time limit depending upon the vehicle class requested: ]7 eo Fo Go Co CLASS A CLASS B CLASS C 30 minutes from request 30 minutes from request 45 minutes from request TOW CONTRACTOR assumes all liability in meeting the required class response time, including but not limited to, any and all damages resulting from traffic accidents and motor vehicle infraction fines occurring after the response time limit has expired. In the event TOW CONTRACTOR fails to respond in a timely manner, the department of CITY requesting the service shall document the untimeliness, and forward said writing to the Agreement Administrator. The following penalties shall apply should any TOW CONTRACTOR fail to respond within the class response time set forth in Section 3.1(A) of this Agreement: Within a 12 month period 1. 1st offense 2. 2nd offense 3. 3rd offense 4. 4th offense and greater Penalt~ Certified letter of warning One (1) week suspension One (1) month,suspension Termination of Agreement with CITY and revocation of certificate of qualification TOW CONTRACTOR may appeal a suspension of two (2) months or more to the City Commission, and if TOW CONTRACTOR can show by substantial and competent evidence that extenuating circumstances beyond TOW CONTRACTOR's control caused the failure to timely respond, the suspension may be lifted by the City Commission. All appeals must be made in writing to the City Manager within thirty (30) days of the action, and shall fully set forth the basis for the appeal. Suspensions shall not be stayed during the any pending appeals. City Manager recommendation for termination of this agreement and revocation of the certificate of qualification under this section requires consideration and action by the City Commission. 18 11.0 12.0 13.0 SUBCONTRACTING. TOW CONTRACTOR shall not subcontract its services to secure additional wreckers or storage space required under this Agreement. TOW CONTRACTOR, must own, lease, or mortgage the vehicles, equipment and storage space required under this Agreement. BENEFITS FROM REPAIRS. A. In the event TOW CONTRACTOR holding a certificate of qualification operates an automobile repair and/or automobile paint and body repair business, TOW CONTRACTOR shall provide written notification to the owner or representative of the owner of the vehicle towed under the provisions of this Agreement, that there is no obligation to have any automobile, vehicle or trailer repairs and/or automobile, vehicle or trailer paint and body work done by TOW CONTRACTOR. Bo TOW CONTRACTOR shall notify CITY in writing of any and all repairs completed on vehicles, automobiles, trucks, and trailers by TOW CONTRACTOR towing a vehicle under the provisions of this Agreement. The written notification to vehicle owner that there is no obligation to have TOW CONTRACTOR undertake any repairs to the vehicle shall be included. INSURANCE REQUIREMENTS. A. TOW CONTRACTOR's liability insurance policies shall name the CITY as an additional insured. Bo During the term of this Agreement, TOW CONTRACTOR shall have in effect insurance with those limits specified in this Section. Copies of said insurance policy or certificate of insurance must be furnished to CITY's Purchasing Department and Risk Management Department immediately after approval of Agreement by the City Commission. CITY may request proof of insurance or the name and phone number of insurer at any time during the term of the Agreement, and TOW CONTRACTOR must respond with said proof of insurance within five (5) days of the request, Failure to provide the proof of insurance required in this section or the name and phone number of insurer as requested shall result in automatic suspension of the certificate of qualification and may be grounds for termination of this Agreement with TOW CONTRACTOR. Co TOW CONTRACTOR shall supply CITY with a Certificate of Insurance for the coverages and limits as shown in this Section. A thirty (30) day cancellation clause in favor of CITY shall be included in the Policy and the Certificate. 13.1 TOW CONTRACTOR, at its own cost and expense, shall keep in force at all times, and shall maintain the following during the terms of this Agreement: Comprehensive General Liability Insurance with minimum limits of coverage of One Million ($1,000,000.00) Dollars per incident Combined Single Limit for Bodily Injury Liability and Property Damage Liability. Automobile Liability Insurance coverage in the minimum amount of Three Hundred Thousand ($300,000.00) Dollars per person/per incident and property damage coverage of One Hundred Thousand ($100,000.00) Dollars per incident. Garage Keeper's Legal Liability Insurance coverage in the minimum amount of Seventy-five Thousand ($75,000.00) Dollars to protect owners of any and all vehicles and trailers towed or stored by TOW CONTRACTOR pursuant to this Agreement, from any loss or damage to such vehicle or trailer on account of such removal or storage. TOW CONTRACTOR shall provide CITY with Certificate(s) of Insurance on all policies of insurance and renewals thereof in a form acceptable to CITY. Each policy shall provide that CITY is an additional insured, and that the CITY shall be notified by the insurer in writing of any cancellation at least thirty (30) days prior to the effective date of cancellation. Each and every insurance policy must be issued by companies acceptable to CITY's Risk Management, and licensed, qualified and authorized to do business in the State of Florida. All policies must be at lease six (6) months in duration. Go Each TOW CONTRACTOR shall show proof of the insurance required under this Section prior to the issuance of a Certificate of Qualification. TOW CONTRACTOR shall not commence operation under the term of this Agreement, until certification or proof of insurance, detailing terms and provisions of coverage, has been received, reviewed, and approved by CITY. TOW CONTRACTOR agrees to maintain, at its own cost and expense, worker's compensation coverage required by the State. TOW CONTRACTOR'S LIABILITY. A. TOW CONTRACTOR shall be liable for any towed vehicle and property contained therein. 2O 13.2 14.0 14.1 14.2 TOW:CONTRACTOR or its employee, representative, or agent shall inventory all personal property contained in each vehicle towed. The Tow companies are relieved of liability for property inside of the vehicle that was not listed on the inventory report completed by the officer on the scene. Go The inventory shall be made in triplicate and shall be signed by the person composing it. One copy shall be given to the owner or person in possession of the vehicle, or shall be securely attached to the vehicle; one copy shall be forwarded to the Boynton Beach Police Department, and the final copy shall be retained by TOW CONTRACTOR. NON-LIABILITY OF CITY FOR TOWED VEHICLES. CITY shall not be responsible or liable in any manner whatsoever for either the collection or payment of any charges for services rendered, including towing and storage. ACCESSIBILITY OF STORAGE FACILITIES. TOW CONTRACTOR agrees that all storage areas shall be accessible between the hours of 8:00 A.M. and 6:00 P.M., Monday through Fdday and 9 A.M. and 12 PM, Saturday; therefore the Gate Fee shall not be charged during the applicable business hours. Authorized personnel of TOW CONTRACTOR shall be available during such times to assure that the obligations and services, including retrieval of stored vehicles by the public, required of TOW CONTRACTOR are available and fulfilled. Accordingly, there shall be no "gate fees" charged to the CITY for retrieving or gaining access to a vehicle in storage. There will be a $40.00 gate fee charged to any individual(s) or other entity retrieving a vehicle from storage. PROTECTION OF VEHICLES AND PROPERTY. A. Vehicles and trailers stored in enclosed areas shall be stored under "lock and key." TOW CONTRACTOR shall protect all stored vehicles, and any evidence or personal property contained therein from theft and damage in accordance with all reasonable police department instructions and directives. TOW CONTRACTOR agrees to replace any such article(s) upon verification of the loss by the designated investigative agency representing the City of Boynton Beach or Palm Beach County. INSPECTION OF FACILITIES. A. Storage facilities shall be subject to inspection and shall be approved by CITY prior to award of the Certificate of Qualification and the execution of this Agreement. Storage facilities shall be subject to periodic inspections during the term of Agreement when deemed necessary by the City 2] 14.3 Manager's office or the CITY's Police Department. Bo Fo Notice of any deficiencies or violations of this Agreement discovered by CITY with respect to storage facilities shall be submitted to TOW CONTRACTOR in writing, and TOW CONTRACTOR shall remedy the same within ten (10) days of receipt of such notice. The Agreement may be terminated and the Certificate of Qualification revoked, or suspended at the option of the CITY. RELEASES OF VEHICLES AND PERSONAL PROPERTY. A. TOW CONTRACTOR agrees to release any vehicle or trailer which has not been marked "HOLD." Any vehicle or trailer marked "HOLD" shall not be released without the prior written consent of the City of Boynton Beach Police Department. All persons applying for release of the vehicle or trailer from TOW CONTRACTOR shall present adequate proof of ownership or dght to possession. Upon release, TOW CONTRACTOR shall give a receipt and itemized statement indicating all charges related to the impounding of the vehicle or trailer to the owner or person entitled to possession. C. Rightful owners shall be able to retrieve their towed vehicle or trailer from TOW CONTRACTOR twenty-four (24) hours a day, seven (7) days a week, including legal holidays, provided the appropriate documentation has been filed. Any vehicle or trailer declared to be abandoned, junk or constituting a nuisance may only be released under the authority of the Boynton Beach Police Department. Any customer contacting TOW CONTRACTOR by telephone or otherwise prior to customer's arrival at the storage site shall be advised of the following by TOW CONTRACTOR: 1. each and every document or other item needed to retrieve vehicle; 2. exact charges at the time of contact and any additional charges that may accumulate subsequent to contact and before retrieval; 3. acceptable methods of payment; and 4. the hours and days that the storage site is open for regular business. If all matters are in order, customer shall be returned to possession of the towed vehicle or trailer within thirty (30) minutes of the request. 14.4 14.5 15.0 PERSONAL PROPERTY LOSS. A. CITY shall not be responsible for any loss or damage to vehicles to trailers, to any personal property contained therein, or to any vehicle accessories, regardless of the cause of such damage or loss. TOW CONTRACTOR shall hold CITY harmless as to any claims, suits or actions alleging such loss or damage. Personal property found in vehicles or trailers that have been stored by TOW CONTRACTOR shall not be sold or disposed of in any way to defray any charges for storage or towing. B. TOW CONTRACTOR shall be held accountable for all personal property and vehicle accessories inventoried at the time the vehicle or trailer is towed, while the vehicle is stored at TOW CONTRACTOR's storage facility, and while TOW CONTRACTOR disposes of junk, abandoned and nuisance vehicles. TOW CONTRACTOR shall make restitution to owner for all such losses occurring by theft, fire, or other damage. DESTINATION OF TOWED VEHICLE. TOW CONTRACTOR shall not move any vehicle or trailer to any location (specified at time of tow) other than that designated by a CITY Police Officer or other authorized CITY representative, or owner or person in possession of vehicle. ALL CITY owned or leased vehicles towed from a location within Palm Beach County shall be towed, as requested to CITY property. Each and every vehicle towed from within the city limits shall be towed to a storage facility within the city limits of Boynton Beach, Florida, and shall remain at that location for at least seven (7) days. RADIO COMMUNICATION. A. All towing vehicles and wreckers must be equipped with two-way radio or telephone communication. The range of the communication system shall, at a minimum, extend throughout the Boynton Beach city limits. Accordingly, the base station for the above equipment must be strong and powerful enough to provide city-wide coverage. A citizens band radio is insufficient to meet this requirement. Any radio communication shall, at no time, be tuned into any police frequencies. C. Guidelines of the Federal Communication Commission (FCC) shall prevail. TOW CONTRACTOR shall, at all times, have a competent employee(s) manning the communication system. 23 16.0 Eo TOW CONTRACTOR shall provide a 24-hour emergency telephone number to be answered by a TOW CONTRACTOR employee designated to respond to emergency calls for service. This service is in addition to the communication system required in subsections 4.5(A)-(D) above, and is necessary so that TOW CONTRACTOR can provide timely and efficient service 24 hours a day, seven days a week. REPORTS AND RECORD KEEPING. A. TOW CONTRACTOR shall make available upon request to the CITY's Police Department, weekly reports of vehicles and trailers towed at the request of the Police Department. The written reports will be designed and supplied by CITY and the following information shall be provided thereon: 1. Name and owner of driver; 2. model and make of vehicle or trailer; 3. license plate number; 4. vehicle identification number; 5. time, date and location of tow; 6. circumstances requiring tow; 7. whether or not a "HOLD" was placed on the vehicle by the Police Department; 8. time dispatched to scene and time of arrival; 9. storage facility where vehicle is stored; and 10. the date, time and name of employee releasing the vehicle. B. TOW CONTRACTOR shall make available upon request by the CITY's Police Department, a complete and detailed listing of all vehicles and trailers which have been impounded or stored for periods of thirty (30) days or more. Form to be provided by the CITY. Any vehicle or trailer that has not been claimed for a period of thirty (30) days from the towing of the vehicle, shall be reported in writing to the Police Department. C. Services related to CITY owned or leased vehicles or trailers shall be logged and forwarded by TOW CONTRACTOR on a monthly basis to the CITY Public Works Director. All such logs shall identify the vehicle or trailer towed, the location from which it was towed, and the hours and dates applicable to TOW CONTRACTOR's services with respect to those vehicles or trailers. The "service ticket" shall include the signature of the authorized CITY employee approving towing of the CITY vehicle or trailer. TOW CONTRACTOR shall provide such information, until such time as a form is provided to it by CITY, which then must be completed by TOW CONTRACTOR. TOW CONTRACTOR shall maintain containing the following information: 24 at its place of business records Eo a vehicle storage receipt of each vehicle on the premises; a monthly log of all calls for service by the Police Department; a notification log indicating the date, time and method of notification to the registered owner of the stored vehicle or trailer; and A daily log setting forth a list of all vehicles towed, as well as information on each vehicle as required by Section 5.0(^) of this Agreement. INSPECTIONS. 1. TOW CONTRACTOR shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services relative to this Agreement. 2. TOW CONTRACTOR shall make available for inspection by authorized CITY personnel the compounds and storage facilities required herein. 3. In order to facilitate inspection and audits by authorized CITY personnel, records maintained by TOW CONTRACTOR relative to services provided under this Agreement shall be kept separate and apart from other company records. RECORDS RETENTION AND RIGHT TO ACCESS. TOW CONTRACTOR shall preserve and make available for inspection and/or removal for the purpose of copying, all financial records related to performance and billing under the terms of this Agreement, upon five (5) days pdor notice. All records shall be maintained for a period of three (3) years after termination of this Agreement. If an audit has been initiated within that three (3) year pedod, but findings from the audit have not been resolved, the records shall be retained and maintained until resolution of audit findings. For monitoring purposes, TOW CONTRACTOR shall submit to CITY's Tow Agreement Monitor, upon request, a log sheet detailing each tow made by TOW CONTRACTOR dudng that month, as well as the amount charged and service given for each tow. A copy of the invoice for each tow should accompany the monthly report. Failure to comply with the provisions and requirements of Section 5.0 of this Agreement shall result in suspension from the wrecker rotation until such time as TOW CONTRACTOR corrects such noncompliance. Should TOW CONTRACTOR fail to comply with any of the provisions of this section may, in the discretion of the City Manager, warrant recommending to the City Commission termination of the Certificate of Qualification and Agreement with TOW CONTRACTOR. 17.0 18.0 19.0 CODE ENFORCEMENT CASES. A. When vehicles or trailers are towed from public property, including right-of- ways, after the appropriate notification, TOW CONTRACTOR has the option of destroying the vehicle or keeping it safe for sale pursuant to Sections 713.78 and 715.05, Florida Statutes. TOW CONTRACTOR must proceed in accordance with the provisions set forth in Sections 713.78 and 713.05, Florida Statutes. Any breach thereof shall constitute a breach of this Agreement. When vehicles or trailers are towed from private property after receiving the appropriate notification, TOW CONTRACTOR must store the vehicle or trailer for a minimum period of thirty-five (35) days, after which time TOW CONTRACTOR has the option to destroy or sell the vehicle or trailer pursuant to Section 713.78, Florida Statutes. NON-EXCLUSIVITY OF SERVICES. A. The owner or person in possession of the vehicle or trailer which has been involved in an accident or which has been incapacitated in any other manner shall be given the opportunity to contact a wrecker or tow company of his/her choice, as long as the disabled vehicle does not create a hazardous condition and a reasonable response time can be expected. Said person shall also be given the opportunity to have the vehicle or trailer towed to a garage or compound of his/her choice. CITY shall not be liable for any charges for moving, towing, and storage of any vehicle or trailer; nor shall CITY be liable for any damages to any vehicle or trailer resulting from TOW CONTRACTOR's acts or omissions. All vehicles and trailers towed under the request of the CITY, including but not limited to the City's Police Department, Code Enforcement Department, Public Works Department, Fire Department, shall be governed by this section. INDEMNIFICATION AND HOLD HARMLESS CLAUSE. TOW CONTRACTOR shall defend, indemnify and save CITY, its agents, employees, and police department harmless from and against any and all claims, suits, actions, damages or causes of action whatsoever adsing during the term of this Agreement, caused by any act or omission of TOW CONTRACTOR involving bodily injury, loss of life or damage to property, sustained as a result of TOW CONTRACTOR's duties; and from all costs, attorney's fees, expenses, liabilities, causes of action, investigations, and any administrative or legal proceedings brought therefrom; and from and against all orders, judgments or decrees which may be entered therein. 20,0 21.0 22.0 23.0 24.0 TOW CONTRACTOR shall further defend CITY, its agents, employees and police department in any action brought as a result of the items set forth in this section, and related to performance of this contract by TOW CONTRACTOR. In the event any litigation or other legal proceedings shall arise from this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and all costs and expenses incurred therein. NON-DISCRIMINATION. TOW CONTRACTOR hereby agrees and acknowledges that in the performance of this Agreement, it will not discriminate, or tolerate or permit discrimination on the basis of race, religion, gender, age, handicap, marital status, political affiliation, national origin, or otherwise with respect to its hiring practices and in the performance of the terms of this Agreement. POSTING AND PROVIDING CHARGES OF SERVICES. 1. TOW CONTRACTOR shall prominently post in a conspicuous location at its storage facilities and on its tow vehicles and wreckers, a list of charges, as set forth herein. A list of such charges shall also be printed and such charges shall be provided to the owner or person lawfully in possession of each vehicle and trailer towed by TOW CONTRACTOR. TOW CONTRACTOR shall not charge for any service that exceeds such posted or listed amount, nor shall TOW CONTRACTOR perform any service that is not deliniated on such posted or listed schedule without giving the owner or person lawfully in possession a written estimate of the amount that will be due and payable upon completion of the unposted or unlisted service. COMPLIANCE WITH LAWS. This Agreement shall be governed by all federal, state, and local laws, regulations, ordinances, and codes, as amended from time to time, and as set forth by any other regulatory agency, including but not limited to, any and all municipal codes, ordinances, or regulations.which may govern CITY as a Florida municpal corporation. NON-ASSIGNABILITY. The Certificate of Qualification shall not be assigned, sold or transferred in any manner whatsoever. DISPOSAL OF VEHICLES. Should TOW CONTRACTOR, as a result of this Agreement, have in its possession any vehicle, trailer, or personal property from therein for a period in excess of ninety (90) days, and be ordered to relinquish such vehicle, trailer or personal property to the City of Boynton Beach Police Department, 27 25.0 26.0 27.0 TOW CONTRACTOR agrees to do so with no additional charges to CITY, other than that specified in this Agreement. MODIFICATION OF THIS AGREEMENT. No waiver or modification of this Agreement or any covenant, condition, provision, or limitation contained therein shall be valid absent the execution and approval of a written addendum executed by both parties. No evidence of any waiver or modification shall be offered or received into evidence in any proceeding, arbitration or litigation between the parties to this Agreement, unless such waiver or modification is duly executed as set forth in this Section. ETHICS AND CONDUCT. TOW CONTRACTOR hereby agrees to conduct operations under this Agreement in a courteous, ordedy, ethical and businesslike manner. As it is recognized by both parties that this Agreement is sensitive in nature and requires TOW CONTRACTOR and its personnel and employees to work with the public on a daily basis, TOW CONTRACTOR is required to extend common courtesies, including but not limited to: Expedite release of vehicle in accordance with the terms of this Agreement; Assist the vehicle or trailer owner in retrieving documents from the vehicle or trailer to establish ownership; Permit the owner to remove the auto tag and any unattached personal possessions; Explain fully and politely the reason for the tow and all charges levied; and If a dispute occurs, TOW CONTRACTOR shall attempt to resolve the dispute promptly and politely. If it cannot be resolved satisfactorily, the dispute shall be reported to the City Manager's Office no later than the next business day. WRECKER ROTATION LIST PROCEDURE. A. Purpose. The purpose of the wrecker rotation is to have in place a procedure for wrecker call-out on a per incident basis (except Code Enforcement). An index card system is utilized and maintained by the CITY's Communication Division. Procedure. 1. Card System. a. Index cards will be arranged in a four-card file system, as follows: i. Class "A" and "B" Wrecker Companies; ii. Class "C" Wrecker Companies; and iii. Code Enforcement Wrecker Companies (all Class "A"/"B" TOW CONTRACTORS required to participate). 28 iv. City Vehicles TOW CONTRACTORS will be filed in alphabetical order, according to corporate name. A TOW CONTRACTOR will be called in rotation order from the card file on a per incident basis. Wrecker Response. a. If TOW CONTRACTOR is unable to respond to a call for service, TOW CONTRACTOR will be moved to the end of the list, thereby forfeiting that rotation. b. The CITY official, agent or employee on the scene requesting the wrecker or tow shall determine whether a wrecker remains on the top of the rotation list in the event of cancellation or other circumstances where the wrecker is not used. Said CITY official shall notify the Communications Division upon cancellation of the tow and the tow company will retain their position on the rotation list. c. The next tow company in the rotation will be contacted in the event TOW CONTRACTOR cannot be reached by the CITY's Communications Division or TOW CONTRACTOR has failed to respond within a reasonable time to a hazardous scene. The City official, agent or employee shall determine, based on his sole discretion, whether the response time was excessive. During the midnight shift, the CITY will reconcile logs on a daily basis, and will gather any reports of problems or incidents that were brought to the attention of the dispatch supervisor, who shall forward the same to the Tow Agreement Monitor within the CITY's Police Department. Rotation Tracking. a. A manual log will be used by CITY to track all vehicle or trailer tows to include rotation wreckers. b. The log shall contain the date and time of the tow, the tow company, the CITY officer, agent or employee, dispatch, case number, remarks, and a computer check. c. Specific requests from the vehicle or trailer owner or person lawfully in possession will not be charged against the rotation schedule. The request shall be logged as such by CITY in the manual log. If an owner's request cannot be honored for any reason whatsoever, a rotation wrecker will be contacted and so charged on the rotation schedule. Knowledge of Position on Rotation List. a. TOW CONTRACTOR is responsible for knowing its position on the wrecker rotation list. CITY will not provide this information over the telephone. b. The rotation list is public record pursuant to Chapter 119, Florida Statutes, and is available for inspection, by appointment, during regular business hours. 28.0 CODE ENFORCEMENT TOWING PROCEDURE. A. Purpose. Standard operating procedure is to be utilized for the removal of vehicles or trailers deemed to be abandoned, unregistered or wrecked as described in Section 10-52, City of Boynton Beach Code of Ordinances. The towing of these vehicles are to be at no charge to the CITY. Procedure. 1. Tow List. a. Tow lists can be picked up at the front desk of the the CITY's Police Department on the 1st, 10th, and 20th day of each month. All tow lists must be retumed to the front desk no later than midnight of the last day of the month. b. Results of the status of each vehicle or trailer will be noted on the list (i.e. towed, gone-on-arrival, or currently licensed). c. Those vehicles or trailers whose status is not verified will automatically roll-over to the next month's tow list. d. Each TOW CONTRACTOR represented in the rotation system shall supply the name of and accessible contact person and that person's phone number to the Police Department employee responsible for the tow list. Rotation. a. Wrecker companies shall rotate Code Enforcement tows on a monthly basis. b. TOW CONTRACTOR is required to notify CITY's Code Enforcement Department and the employee responsible for the tow list, at least ten (10) days in advance of its month do undertake Code Enforcement tows, if said TOW CONTRACTOR is unable to perform such tows as requested by CITY. In the event TOW CONTRACTOR is unable to perform, it shall be moved to the end of the Code Enforcement Rotation, and may be subject to penalties as provided in this Agreement. 3O TOW CONTRACTOR's failure to perform Code Enforcement tows for more than two (2) months during any twelve (12) month period may result in suspension from ALL tow lists for a period of time as determined under the sole discretion of the CITY's City Manager. CITY hereby reserves the right to modify the rotation schedule or procedure for Code Enforcement tows under this section of the Agreement in an effort to improve upon the procedure to place code enforcement tows in the regular rotation or otherwise. 29.0 TERM OF AGREEMENT. This Agreement shall take effect as of the date the Agreement is ratified by Resolution of the City of Boynton Beach City Commission, and shall have a term of two (2) years from that date. This Agreement shall be automatically renewed for one (1) additional year, unless either party provides written notice via certified mail to the other party within thirty (30) days of the end of the yearly term, that the Agreement shall be terminated at the end of the term. 29.1 29.2 INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that TOW CONTRACTOR is an independent contractor under this Agreement and not the CITY's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. TOW CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out TOW CONTRACTOR's activities and responsibilities hereunder. TOW CONTRACTOR agrees that it is a separate and independent enterprise from the CITY; that it has full opportunity to find other business; that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This ^greement shall not be construed as creating any joint employment relationship between the TOW CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by TOW CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. NOTICE. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, 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. 3] For the present, the TOW CONTRACTOR and the CITY designate the following as the respective places for giving of notice: City Manager City of Boynton Beach P.O. Box 310 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 TOW CONTRACTOR: EASTERN AUTO BODY & GLASS, INC. D/B/AI EASTERN TOWING 417 N.E. 6TM AVENUE BOYNTON BEACH, FL 33435 29.3 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. 29.4 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. 29.5 GOVERNING LAW. The terms and conditions of this Agreement shall be governed by and interpreted under the laws of the State of Flodda. Venue for the purposes of any litigation arising out of {his agreement shall be in Palm Beach County, Florida. 29.6 EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between CITY and TOW CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 32 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the daY and year herein before written. Signed, sealed and wimessed in the presence off CITY Ot~B. OYNTON BEACH, FLORIDA ' lxaayor Approved as to Form: /~ CONTRACTOR President or'~ce Preside~_.~ State of Florida County of Palm Beach ) ) SS.' ) Attest as to CONTRACTOR On this //) day of (5~C~--- , 200_Q_/., personally appeared before me, duly authorized to administer oaths, to be the persons described herein or who has produced known identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. My Commission Expires: WI:~AGMTS~Towing Agreement 33 CERTIFICATE OF QUALIFICATION The City o£ Boynton Beach, hereby issues this Certific,'/te of Qualification to the following company, and hereby certifies that the company named in this certificate is qualified to perform towing services pursuant to the Towing Service Contract approved by the Boynton Beach City Commission pursuant to the adoption of Resolution 01-256. COMPANY NAME: BECK'S TOWING & RECOVERY, INC. ADDRESS: 506 NE 3n~ Street Boynton Beach, Florida 33435 PHONE NUMBER: CONTACT PERSON: ATTEST: ~CRIRificate of Qualification.doc (561) 369-1096 Steven E. Beck City Manager KURI BRE$$NER Cl~ MANAGER BOYNTON BEACH, I:1. AGREEMENT THIS IS AN AGREEMENT, dated the 20th day of September 2001, between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and BECK'S TOWING & RECOVERY, INC. hereinafter referred to as "TOW CONTRACTOR". WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and TOW CONTRACTOR agree as follows: SPECIAL TERMS AND CONDITIONS 1.0 RATES. The rates herein have previously been established and approved by the Boynton Beach City Commission and will remain firm and fixed for the term of this Agreement. The rates charges by TOW CONTRACTOR to provide all labor, tools, materials, and equipment shall not be greater than the applicable maximum rates as provided by this Agreement. 1.1 APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY CITY These rates are the only rates that will be charged vehicle owners under this Agreement: Ae TOWING BY ITEM DESCRIPTION (1) Class A (cars, vans, light trucks under 10,000 GVW)within City limits; $90.00 per call (2) Motorcycles within the City limits; $90.00 per call (3) Towing outside the City limits for cars, vans, motorcycles, and light trucks 3/4 and less; an additional $3.00 per towed mile from the City limits (4) (5) (6) (7) (8) (9) Class B (vehicles 10,000 to 30,000 GVW) within the City limits; Towing outside the City limits for Class B vehicles; Class C vehicles (over 30,000 GVW) within City limits; Class C vehicles outside City limits; Additional time at the scene after first hour, per 1/2 hour thereafter (applied to all vehicles, cars, vans, and trucks under and over 3/4 ton, for waiting and extra street clean-up. This provision shall not apply in conjunction with vehicle recovery under Section 1.2(C). Miscellaneous other charges 4 X 4/off-road vehicle recovery Tarp fee Lowboy service Outside the City limits $175.00 per call an additional $4.00 per towed mile from the City limits $200.00 per call an additional $8.00 per towed mile from the City limits $40.00 per half hour $95.00 for the first hour, and $30.00 per half hour thereafter $35.00 per call $175.00 per hour an additional $6.00 per towed mile from City limits Underwater recovery salvage divers $125.00 for first half hour or part thereof, and $31.00 for each additional 1/4 hour or part thereof. (10) For purposes of this Agreement, when CONTRACTOR is entitled to additional charges based on time spent at the scene, unless otherwise specified, CONTRACTOR shall apportion the charge set forth heroin to be consistent with the actual time spent on the scene. STORAGE AND LIEN NOTICE (1) Cars, vans, trucks under 3/4 ton Outside storage Inside storage $25.00 per day $30.00 per day (2) Trucks and vehicles over 3/4 ton Outside storage Inside storage $35.00 per day $40.00 per day (3) Motorcycles Outside storage Inside storage $15.00 per day $20.00 per day (4) Boat and trailer (21 feet and under) Outside storage Inside storage $17.00 per day $22.00 per day (5) Boat and_trailer (over 21 feet) $30.00 per day (6) Lien notice (after 24 hours of storage) $40.00 per vehicle Per Florida Statutes, no storage fee shall be charged to the vehicle owner for a vehicle stored less than six (6) hours. "Per day" shall be defined as a twenty-four (24) hour period or any part thereof. VEHICLE RECOVERY The following vehicle recovery fees may be charged to the vehicle owner when the vehicle is overturned, embedded in sand, mud, or water, or requires more than a single hook-up: (1) Class A and B wrecker on the scene; $90.00 per hour and $30.00 per each half hour after the first hour (2) Extra man (each) on the scene $35.00 per hour Dw ROAD SERVICE For all trucks, cars, vans and other vehicles under and over 3/4 ton, a road service fee of $40.00 per call may be charged to the vehicle owner for services such as assisted start, unlocking a door, delivering gas, tire changes, etc. 1.2 APPROVED TOWING RATES - CITY OWNED OR CITY LEASED VEHICLES A. All CITY owned or CITY leased vehicles under the 3/4 ton Class "A" wrecker will be towed at forty (40%) percent the Class "A" rate, as indicated in Section 1.11 of this Agreement. All CITY owned or CITY leased vehicles under 3/4 ton requiring road service as indicated in Section 1.11 of this Agreement will receive such services at forty (40%) percent of the road service rate. All vehicles towed at the request of the Boynton Beach Police department as a crime scene vehicle, confiscated vehicle, forfeited vehicle, or in any other way related to police business will be towed at forty (40%) percent of the contract rate and will be stored for forty (40%) percent of the contract storage rate as stated in Section 1.11 of this Agreement. All CITY owned or CITY leased vehicles towed under Class "B" or Class "C" will be towed at forty (40%) percent of the appropriate Class "B" or "C" rate as set forth in Section 1.11 of this Agreement. All vehicles towed at the request of Code Enforcement, or any other department of CITY in connection to City business, shall be towed at forty (40%) percent of the contract rate and will be stored at forty (40%) percent of the contract rate, as set forth in Section 1.1 of this Agreement. Fo City shall not be assessed any waiting time charges, whatsoever. 4 1.3 2.0 Companies will not lose position on rotation when called for tow of City owned vehicle. SPECIAL AND ADDITIONAL CHARGES A. WAITING TIME. The cost for waiting time shall not be assessed by TOW CONTRACTOR until forty-five (45) minutes after arrival at the scene. Bo LABOR CHARGES. The cost for labor under any circumstances and when applicable shall not be assessed by TOW CONTRACTOR until forty-five (45) minutes have expired after arrival at the scene. Labor charge must be cleady shown on the tow receipt with a written explanation of the labor charge. LABOR CHARGES PROHIBITED. The cost for labor shall not be assessed to CITY or Customer under any circumstances for the clean-up and removal of vehicle parts and debds, regardless of the labor and time necessary to complete clean-up and removal. Labor to the general public will be reviewed within six (6) months of the effective date of this contract. SERVICE CALL. TOW CONTRACTOR agrees that the mere response to a service call scene without other action does not constitute a service for which charges may be assessed to the vehicle owner. DOCUMENTATION OF SPECIAL AND ADDITIONAL CHARGES. TOW CONTRACTOR will document in detail on the tow receipt the reason(s) for waiting time charges and the work performed for assessed labor charges. TOW CONTRACTOR agrees that the special or additional charges may be disputed by CITY officials and/or the vehicle owner or representative. TOW CONTRACTOR further agrees that the City Manager or his/her designee will make the final determination on the assessment of a disputed special and additional charge, and that TOW CONTRACTOR shall abide by the decision of the City Manager or his/her designee. CONSIDERATION FOR AWARD AND AWARD PROCEDURES A. A certificate of qualification shall be granted to the best responsible applicants meeting the specifications set forth herein, which serve the best interests of the CITY based upon the following criteria: the ability of the applicant to provide the required services with regard to the extent and condition of equipment and facilities, record keeping procedures, competency of staff, financial support, and exceptions taken to contract terms, conditions and specifications; experience, qualifications, training and past performance of each proposed towing company's owners and officers, and persons directly involved in managing the service on a regular basis; substantiated complaints received by CITY or Palm Beach County Consumer Affairs concerning misconduct on the part of the proposed towing company, such as excessive charges, poor business practices, damage to vehicles, extensive involvement in litigation will be considered and shall weigh heavily against each applicant. Evaluation of applications will be conducted by a committee of City staff who shall evaluate all responsive applications received from applicants meeting or exceeding the contract specifications based upon the information and references contained in the applications. The committee shall also consider the inspection of the applicant's facilities, equipment, record keeping, and employees. The committee will then make recommendations to the City Manager in the form of a list of proposed tow company applicants. The City Manager shall then turn over his/her recommendation to the City Commission. The City Commission reserves the right, based upon its deliberations and its opinion, to award a certificate of qualifications. 2.1 ELIGIBILITY. A. To be eligible to respond to this RFQ, TOW CONTRACTOR shall be regularly engaged in the towing business on a full-time basis in Palm Beach County and the City of Boynton Beach, and shall be able to produce evidence or prior experience in providing similar services continuously for the past two (2) years (one year of which must have been within Palm Beach County, Florida). Bo TOW CONTRACTOR shall have satisfactory financial support, required equipment and organization sufficient to ensure that TOW CONTRACTOR can satisfactorily execute the services, if granted a contract, under the terms and conditions stated herein. In the event litigation arises out of the CITY's failure to select a particular applicant, damages, if any, shall be limited to actual preparation costs incurred by the challenging party. The terms "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well established company as determined, approved or ratified by the Boynton Beach City Commission. TOW CONTRACTOR shall have an office and storage facility within the city limits of the City of Boynton Beach at the time the proposal is submitted for CITY's review. The storage facility shall be in full compliance with the terms of this Agreement, and shall be maintained as such at all times during the duration of this Agreement. TOW CONTRACTOR agrees that it will, at its sole cost and expense, if selected, fulfill and comply with all laws, ordinances, codes, regulations and requirements of the City of Boynton Beach, Palm Beach County, the State of Florida, the United States of Amedca, and any and all governmental agencies having jurisdiction over the providing of services as contemplated in this Agreement. TOW CONTRACTOR must maintain at all times, any licenses or permits required by the State of Flodda, Palm Beach County and the City of Boynton Beach in order to conduct business as a wrecker or tow service. Proof of said license shall be submitted prior to the approval of this Agreement. G. TOW CONTRACTOR shall be licensed to do business in the City of Boynton Beach pursuant to Chapter 13 of the Boynton Beach Code of Ordinances. At all times dudng the term of this Agreement, TOW CONTRACTOR, its subsidiaries, agents, employees or representatives shall only appear on the rotation list once. Under no circumstances shall a Tow Contractor who has a business, financial or legal relationship with another Tow Contractor be permitted to have more than one place on the rotation list. If and whenever a tow contractor obtains Class "C" certification(s), that Contractor will be included in the Class "C" Rotational Basis. In order to be placed on the Class "C" Rotational Basis, the Towing contractor must submit proof of their certification to the City of Boynton Beach and follow all procedures that are currently in place for Class "C" tow contractors as stated in the Towing Agreement. 2.2 APPLICATION REQUIREMENTS. All applications shall be submitted as specified on the application pages. Any attachments must be cleady identified. To be considered, the application must respond to all parts of the RFP. Any other information thought to be relevant, but not applicable to the enumerated categories, should be provided as an appendix to the proposal. If publications are supplied by an applicant to respond to a requirement, the response should include a reference to the document number and page number. This will provide a quick reference for the evaluators of the application. Applications failing to provide this reference will be considered to have no reference material included in the additional documents. ALL SUBMITTED MATERIALS BY PROPOSED TOW CONTRACTORS MUST BE TYPED. NO HANDWRITTEN MATERIALS WILL BE ACCEPTED ANY HANDWRITTEN APPLICATIONS THAT ARE RECEIVED WILL BE AUTOMA TICALL Y DISQUALIFIED AND WILL NOT BE CONSIDERED. 2.3 GENERAL SPECIFICATIONS. A. TOW CONTRACTOR shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services rendered relative to the subject Agreement. Bo TOW CONTRACTOR shall furnish towing service for the removal of vehicles within the City of Boynton Beach when required and when dispatched or required by the City of Boynton Beach Police Department (or other CITY authorized representative in the case of city-owned or city leased vehicles). Such services shall be made available on a twenty-four (24) hour basis. CITY shall be given preference only for calls by the Police Department. TOW CONTRACTOR shall maintain adequate storage space within the City for said vehicles when towed. Said storage facilities shall meet the minimum requirements set forth in this Agreement. At an accident scene, TOW CONTRACTOR shall remove from the street and surrounding area all broken glass and other debds resulting from the accident. CITY shall have the right to cancel a request for tow company service up until the time that a wrecker is hooked onto a vehicle and ready for transport to the storage facility. However, if the tow is cancelled, the tow company will retain their position in the rotation. 2.4 SPECIFICATIONS FOR WRECKERS. The CITY agrees to maintain three (3) wrecker rotation lists, as follows: 1. Class "A"/"B" List; 2. Class "C" List; and 3. Code Enforcement List (mandatory for all Class "A"/"B" tow contractors). TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to two (2) CLASS "A" TOWING/RECOVERY VEHICLES with the following specifications: Small wreckers with a minimum four (4) ton capacity, with a minimum GVW rating of 10,000 pounds and equipped with a cradle, or tow plat, or sling, and safety chains. 8 2. Boom capacity greater than or equal to four (4) tons. 3. Power winch with a pulling capacity of at least four (4) tons. At least One hundred (100) feet of 3/8-inch thick (or greater) cable with an end hook. One of the required Class "A" wreckers must be a flatbed truck roll- back or slide-back, with a minimum four (4) ton capacity, a GVW rating of at least 10,000 pounds, with at least (4) ton winch pulling capacity, a flat bed seventeen to twenty (17-20) feet in length, and at least fifty (50) feet of 3/8 inch cable. TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS "B" TOWING/RECOVERY VEHICLE, which shall be flatbed or slide-back, that is mounted on a 23,000 pound GVWR chassis and equipped with a four (4) ton winch. Should TOW CONTRACTOR desire to be placed on the Class "C" wrecker rotation list, TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS "C" TOWING/RECOVERY VEHICLE with the following specifications: Large wrecker with at least twenty-five (25) ton capacity, a GVW rating of at least 25,000 pounds, a cradle or tow plat or sling, and safety chains or wheel lift capability. 2. An extendible boom with a capacity of at least fifteen (15) tons; A twin power winch with a pulling capacity of at least twenty-five (25) tons. 4. At least two hundred (200) feet of 5/8 inch thick cable. 5. Air brakes with an auxiliary air supply. Class "C" TOW CONTRACTORS must have the ability to tow an aerial fire truck that is approximately 64,000 pounds GVW, any sanitation truck, and a Track Excavator that is approximately 30 tons. TOW CONTRACTOR shall own, lease, or mortgage and have immediate access to at least one (1) motorcycle trailer. EACH AND EVERY tow truck or recovery vehicle must be outfitted with the following supplies and equipment: 1. Operating clearance and marker lights, as well as any other equipment required by Florida Statutes, or any other laws or codes governing tow and recovery vehicles; 2. There shall be a rotor beam or strobe light, that is amber in color and mounted on the wrecker in such a manner that it can be seen from the front, rear and sides of the vehicle; 3. One (1) heavy-duty push broom; 4. A flood light on the hoist; 5. One (1) flat-nose shovel; 6. One (1) ax; 7. One (1) crowbar; 8. At least one (1), five (5) pound Carbon dioxide fire extinguisher with a current inspection tag. The fire extinguisher must be an approved type; 9. One (1) pair of bolt cutters; 10. One (1) set of jumper cables; 11. One (1) four-wait lug wrench; 12. One (1) high-intensity flashlight; 13. One (1) set of red highway reflectors; 14. Five (5) thirty minute flares; 15. Each wrecker and tow vehicle shall contain a telephone or radio communications system to enable continuous direct contact between the driver and the office of TOW CONTRACTOR; and 16. Each vehicle shall be specifically designed, constructed and equipped for the towing of vehicles, and shall at all times, be propedy maintained in a mechanically safe condition. l0 3.0 To be awarded and to maintain a certificate of qualification, a Class "A"/"B" TOW CONTRACTOR shall have in operational condition at the time the certificate of qualification is awarded and for the duration of this agreement at least two (2) Class "A" wreckers, and one (1) Class "B" wrecker. Ho TOW CONTRACTOR shall have available at all times, sufficient equipment to perform all services required herein on a timely and responsible basis. TOW CONTRACTOR shall notify CITY in the event any of the required equipment, as set forth in this Agreement, is inoperable, sold, levied upon, repossessed or attached. STANDARDS OF CONDUCT FOR TOW CONTRACTORS. A. TOW CONTRACTOR shall comply with all laws, rules and regulations of any governmental agency having jurisdiction in the premises, including but not limited to, licensing and minimum safety requirements. TOW CONTRACTOR shall be the holder of a general towing and wrecker service license issued by Palm Beach county and shall be the holder or any licenses required by Florida law and the City of Boynton Beach. Each wrecker shall be manned by a driver who must meet the following qualifications: Possesses a valid State of Florida required Commercial Drivers License (CDL); Possess knowledge of the layout of streets and roadways within the City of Boynton Beach; and Be physically qualified to perform the normal and everyday tasks required of a tow truck operator. TOW CONTRACTOR shall ensure that each driver operates the company's equipment in a safe and proper manner in accordance with operating manuals and Florida Statutes. Upon receipt of a complaint from the City of Boynton Beach Police Department on a driver's unsafe, unlawful or improper operation, documented corrective action must be taken by TOW CONTRACTOR. l! 4.0 STORAGE FACILITIES. TOW CONTRACTOR shall maintain a storage facility for all impounded vehicles. There shall be an outside, enclosed area and an inside storage area. All facilities shall be located within the city limits and be owned or leased by TOW CONTRACTOR. TOW CONTRACTOR's storage facilities cannot be relocated without written consent from CITY. Should TOW CONTRACTOR relocate without obtaining said consent, the relocation shall constitute a breach of this Tow Agreement. OFFICE FACILITIES. It shall be the duty of TOW CONTRACTOR to maintain office facilities: a. to include telephone and restroom facilities, and a work area containing, for example, a desk, phone, facsimile machine, computer, etc.; with a physical plant having the name of the company and the mailing address and 24-hour phone number clearly painted; that are accessible to CITY officials at anytime, 24 hours a day, 7 days a week; and that maintains a radio communication system at all times, 24 hours per day, 7 days a week. TOW CONTRACTOR shall not utilize any phone answering services(s), as said services are strictly prohibited under the terms of this Agreement, and use of such services shall constitute a breach thereof. OUTSIDE STORAGE a. Outside storage shall be kept and maintained to provide for the removal of junk, tires, and auto parts; the regular trimming of all shrubbery, bushes, trees and grass areas (along fence line and on property); and adequate drainage to prevent standing water. Outside storage areas must be protected by an enclosed solid wall or a substantial wire fence not less than six (6) feet in height. The top of such a fence or wall, including all gates, doors, or roofed open areas shall be equipped with not less than twelve (12) inches of barbed wire installed in such a manner as to discourage access over the top of such a fence or wall. All fences and walls shall be maintained in good repair throughout the term of this Agreement. Any damage to such walls or fences shall be repaired within twenty-four (24) hours of its occurrence. The area must have a vehicle storage capacity of at least twenty- five (25) vehicles. This storage will predominantly be utilized for accident tows, designated "HOLD," confiscated, and evidence vehicles. A secondary storage area may be located within a ten (10) mile radius of the City of Boynton Beach, and may be utilized for Code Enforcement-related tows. INSIDE STORAGE. TOW CONTRACTOR shall be capable of storing up to three (3) vehicles in inside storage, and shall maintain at least one (1) inside storage space that shall meet the following specifications: a working area of 9' X 20' per vehicle with at least an eight (8') foot high ceiling; a paved floor (i.e. concrete, asphalt) that is free from dirt, standing water and vegetation; an electrical lighting source sufficient to permit processing of a vehicle; and d. one (1) outside window or a ventilation system. CRIME SCENE, CONFISCATED, SPECIAL "HOLD" STORAGE a. Any vehicle towed or stored as a result of the marked "HOLD" relative to a crime scene investigation shall be handled with gloves (i.e. cloth, rubber or leather) by the wrecker operator. bo Crime scene vehicles shall be stored to prevent physical contamination or degradable evidence from deteriorating, and by inside storage. If inside storage is not available, CONTRACTOR shall surrender the tow and fee to the next Contractor in rotation. This shall not prevent CITY from removing the vehicle or trailer and storing it at a City-owned or controlled facility or at another Tow Contractor's storage compound. If laboratory work on a crime scene vehicle is required and the vehicle must be processed at the City of Boynton Beach Police Headquarters, the crime scene vehicle shall be transported to the City-designated location. Vehicles which have been marked "HOLD" by the Police Department shall be stored at such compound for whatever period of time necessary, in order to properly process the vehicle and conduct any investigation necessary. 5.0 5.1 5.1.1 Confiscated vehicles or vehicles involved in litigation shall be protected from the elements, preferably at an inside storage facility, as to maintain the vehicle in its condition at the time of towing. This shall not prevent CITY from removing the vehicle and storing the vehicle at a City owned or controlled facility or at another Tow Contractor's facility. f. City of Boynton Beach Police Department personnel shall be permitted access to all such vehicles at all times. PERFORMANCE PROBATION PERIOD. ^. ^ contractor awarded a Certificate of Qualification will be subject to a three (3) month probationary period. During this time, the contractor's performance will be evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the standards set forth in this Agreement, the City Commission may, upon the recommendation of City staff, by written notice setting forth the default under the Agreement terms, revoke the Certificate of Qualification. If performance is acceptable at the end of the probationary period described herein, TOW CONTRACTOR will be so notified by the City. Should the City Commission revoke a Certificate of Qualification within the three (3) month probationary period, another Certificate of Qualification may be awarded to an eligible company as determined by the City Commission. ROLE OF CITY MANAGER AS TO PENALTIES. The City Manager for CITY shall have the power to formally reprimand TOW CONTRACTOR, suspend the Certificate of Qualification, suspend activities of TOW CONTRACTOR under the terms of this Agreement, recommend to the City Commission revocation of the Certificate of Qualification, and recommend to the City Commission that this Agreement with TOW CONTRACTOR be terminated. FORMAL REPRIMAND. Upon review of materials provided to him/her by City staff, the City Manager may issue a written reprimand to TOW CONTRACTOR for any act or omission, which in his/her sole discretion, is deemed to be a violation of this Agreement. A written reprimand for an act or omission in violation of the terms of this Agreement shall be grounds for recommending termination of the Certificate of Qualification should the City Manager deem such action to be appropriate under the circumstances. 14 5.1.2 5.1.3 5.1.4 REVOCATION. In the event any criteria for qualification established by this Agreement and Resolution R01-~SG are violated by a Certificate Holder (TOW CONTRACTOR), CITY may serve written notice upon Certificate Holder of the recommended revocation of the Certificate of Qualification and/or termination of the Agreement. However, any and all liabilities of TOW CONTRACTOR and the surety for acts, omissions, or violations occurring prior to the date of cancellation shall not be affected, waived or otherwise as a result of the cancellation. In the event City Manager for CITY recommends revocation of the Certificate of Qualification and/or termination of the Agreement with TOW CONTRACTOR, such a recommendation shall be considered by the City Commission for CITY. COMPLAINTS AGAINST TOW CONTRACTOR. TOW CONTRACTOR hereby agrees that any complaints received by CITY concerning the performance of TOW CONTRACTOR's duties under this Agreement and otherwise shall be referred to the City Manager of the City of Boynton Beach. The failure of TOW CONTRACTOR to follow any subsequent reasonable instruction of the City Manager regarding any complaint will be considered a material breach of this Agreement and the awarded Certificate of Qualification, and shall be cause for termination thereof. REPUTABILITY. Lack of reputability shall be cause for revocation of a Certificate of Qualification and shall include, but not be limited to the following: Misstatements concerning the conviction of any officer, employee or agent convicted of any felony when that person's civil dghts have not been restored; Bo Retaining any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; Retaining any officer, employee or agent convicted of any felony or first degree misdemeanor directly related to the business and/or operation of a wrecker, when that person's civil rights have not been restored. For the purpose of this Agreement, any offense involving perjury, false statement or theft shall be considered to be directly related to the business operation of a wrecker. Retaining any officer, employee or agent convicted of the offense of driving under the influence of alcohol or any other controlled substance to the extent that normal faculties are impaired; of the offense of driving a vehicle and having an unlawful blood alcohol level; or of any-other criminal traffic offense. 5.1.5 6.0 SUSPENSION Should at any time during the term of this Agreement, including during any option terms, the tow company be in violation of any of the terms and conditions of this Agreement, the City Manager or his or her designated agent shall have the right to suspend the company until the violation is resolved to the satisfaction of City staff. If the violation is not promptly resolved or is of such a serious nature that the City Manager determines that suspension is inadequate, the City Manager reserves the right to recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR for cause. Should at any time during the term of this Agreement, including during any option terms, TOW CONTRACTOR or its principals become the subject of a criminal investigation, the City Manager shall have the right to suspend TOW CONTRACTOR's Certificate of Qualification pending the outcome of any cdminal investigation and trial, should one result. Upon the conclusion of a criminal investigation that does not result in cdminal charges against TOW CONTRACTOR or its principals, the City Manager may recommend to the City Co. mmission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR, or the City Manager may lift the suspension, thereby reinstating the Certificate of Qualification to TOW CONTRACTOR. If an adjudication of guilt is entered against TOW CONTRACTOR at the conclusion of a trial or via plea bargaining with the State, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR or City Manager may reinstate. COMMERCIALLY MANUFACTURED EQUIPMENT. A. Each tow truck, recovery vehicle and all equipment owned, leased, or mortgaged by TOW CONTRACTOR shall be commercially manufactured and shall conform to the requirements set forth herein or be approved by CITY or its designee. Each tow truck, recovery vehicle, and all equipment utilized by TOW CONTRACTOR shall be maintained in good mechanical condition at all times. Co Each tow truck, recovery vehicle, and all equipment is subject to inspection by CITY or its designee at all times during the term of this Agreement. No vehicle of TOW CONTRACTOR shall be used as an emergency vehicle, except when the circumstances justify the use of the vehicle in that manner. (i.e. flashing lights are to be used only when necessary). 6.1 7.0 8.0 9.0 10.0 MARKINGS. TOW CONTRACTOR agrees to have no markings on vehicles, buildings, or correspondence that indicates or tends to indicate any official relationship between TOW CONTRACTOR and the City of Boynton Beach. SITE CLEAN-UP. TOW CONTRACTOR shall, at no cost to CITY, the public or the owner of the towed vehicle or trailer, promptly remove all debris from the public street, sidewalks, parks, and property of CITY; and shall remove the same to a proper place for disposal if the accident scene is, will or has been served by TOW CONTRACTOR, its agents or employees. The owner of the vehicle or trailer towed may be charged pursuant to the rate schedules set forth in this Agreement for the clean-up of hazardous wastes, chemicals, construction debris and spilled loads. EMPLOYEES. TOW CONTRACTOR agrees to maintain, and upon request, provide to the City of Boynton Beach Police Department the following information on all officers, employees, agents, and servants, and to be responsible for keeping the information accurate and current: name, address, date of birth, driver's license number, social security number, and photograph. TOW CONTRACTOR agrees that the owner(s) of the company or the officers of the company, if a corporation, shall be personally responsible for the acts of their employees, while said employees are on-duty. TOW CONTRACTOR further acknowledges and agrees to notify its employees that CITY may run drivers license histories on any driver at any time with or without cause. TWO OR MORE APPLICATIONS UNDER DIFFERENT NAMES RECEIVED FROM ONE PROPOSER. If more than one application is submitted by any one proposer, by or in the name of his or their clerk, partner, or other persons, and it is determined by CITY staff that such applicant is under single, identical, or substantially the same ownership, all such applications will be rejected. If the above described dual ownership is not revealed until the contract term has begun, said action shall constitute grounds for revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR. RESPONSE TIME. A. TOW CONTRACTOR shall, at the request of the CITY Police Department or other CITY official requesting tow truck service at any time of the day or night, arrive at the scene with the appropriate equipment within the following time limit depending upon the vehicle class requested: Co Fo Go CLASS A CLASS B CLASS C 30 minutes from request 30 minutes from request 45 minutes from request TOW CONTRACTOR assumes all liability in meeting the required class response time, including but not limited to, any and all damages resulting from traffic accidents and motor vehicle infraction fines occurring after the response time limit has expired. In the event TOW CONTRACTOR fails to respond in a timely manner, the department of CITY requesting the service shall document the untimeliness, and forward said writing to the Agreement Administrator. The following penalties shall apply should any TOW CONTRACTOR fail to respond within the class response time set forth in Section 3.1(A) of this Agreement: Within a 12 month period 1. 1st offense 2. 2nd offense 3. 3rd offense 4. 4th offense and greater Penalty Certified letter of warning One (1) week suspension One (1) month suspension Termination of Agreement with CITY and revocation of certificate of qualification TOW CONTRACTOR may appeal a suspension of two (2) months or more to the City Commission, and if TOW CONTRACTOR can show by substantial and competent evidence that extenuating circumstances beyond TOW CONTRACTOR's control caused the failure to timely respond, the suspension may be lifted by the City Commission. All appeals must be made in writing to the City Manager within thirty (30) days of the action, and shall fully set forth the basis for the appeal. Suspensions shall not be stayed during the any pending appeals. City Manager recommendation for termination of this agreement and revocation of the certificate of qualification under this section requires consideration and action by the City Commission. 18 11.0 12.0 13.0 SUBCONTRACTING. TOW CONTRACTOR shall not subcontract its services to secure additional wreckers or storage space required under this Agreement. TOW CONTRACTOR must own, lease, or mortgage the vehicles, equipment and storage space required under this Agreement. BENEFITS FROM REPAIRS. A. In the event TOW CONTRACTOR holding a certificate of qualification operates an automobile repair and/or automobile paint and body repair business, TOW CONTRACTOR shall provide written notification to the owner or representative of the owner of the vehicle towed under the provisions of this Agreement, that there is no obligation to have any automobile, vehicle or trailer repairs and/or automobile, vehicle or trailer paint and body work done by TOW CONTRACTOR. TOW CONTRACTOR shall notify CITY in writing of any and all repairs completed on vehicles, automobiles, trucks, and trailers by TOW CONTRACTOR towing a vehicle under the provisions of this Agreement. The written notification to vehicle owner that there is no obligation to have TOW CONTRACTOR undertake any repairs to the vehicle shall be included. INSURANCE REQUIREMENTS. A. TOW CONTRACTOR's liability insurance policies shall name the CITY as an additional insured. During the term of this Agreement, TOW CONTRACTOR shall have in effect insurance with those limits specified in this Section. Copies of said insurance policy or certificate of insurance must be furnished to CITY's Purchasing Department and Risk Management Department immediately after approval of Agreement by the City Commission. CITY may request proof of insurance or the name and phone number of insurer at any time during the term of the Agreement, and TOW CONTRACTOR must respond with said proof of insurance within five (5) days of the request. Failure to provide the proof of insurance required in this section or the name and phone number of insurer as requested shall result in automatic suspension of the certificate of qualification and may be grounds for termination of this Agreement with TOW CONTRACTOR. Co TOW CONTRACTOR shall supply CITY with a Certificate of Insurance for the coverages and limits as shown in this Section. A thirty (30) day cancellation clause in favor of CITY shall be included in the Policy and the Certificate. 13.1 TOW CONTRACTOR, at its own cost and expense, shall keep in force at all times, and shall maintain the following during the terms of this Agreement: Comprehensive General Liability Insurance with minimum limits of coverage of One Million ($1,000,000.00) Dollars per incident Combined Single Limit for Bodily Injury Liability and Property Damage Liability. Automobile Liability Insurance coverage in the minimum amount of Three Hundred Thousand ($300,000.00) Dollars per person/per incident and property damage coverage of One Hundred Thousand ($100,000.00) Dollars per incident. Garage Keeper's Legal Liability Insurance coverage in the minimum amount of Seventy-five Thousand ($75,000.00) Dollars to protect owners of any and all vehicles and trailers towed or stored by TOW CONTRACTOR pursuant to this Agreement, from any loss or damage to such vehicle or trailer on account of such removal or storage. Eo TOW CONTRACTOR shall provide CITY with Certificate(s) of Insurance on all policies of insurance and renewals thereof in a form acceptable to CITY. Each policy shall provide that CITY is an additional insured, and that the CITY shall be notified by the insurer in writing of any cancellation at least thirty (30) days prior to the effective date of cancellation. Fo Each and every insurance policy must be issued by companies acceptable to CITY's Risk Management, and licensed, qualified and authorized to do business in the State of Florida. All policies must be at lease six (6) months in duration. Each TOW CONTRACTOR shall show proof of the insurance required under this Section prior to the issuance of a Certificate of Qualification. TOW CONTRACTOR shall not commence operation under the term of this Agreement, until certification or proof of insurance, detailing terms and provisions of coverage, has been received, reviewed, and approved by Ho TOW CONTRACTOR agrees to maintain, at its own cost and expense, worker's compensation coverage required by the State. TOW CONTRACTOR'S LIABILITY. A. TOW CONTRACTOR shall be liable for any towed vehicle.and property contained therein. 2O 13.2 14.0 14.1 14.2 TOW CONTRACTOR or its employee, representative, or agent shall inventory all personal property contained in each vehicle towed. The Tow companies are relieved of liability for property inside of the vehicle that was not listed on the inventory report completed by the officer on the scene. The inventory shall be made in triplicate and shall be signed by the person composing it. One copy shall be given to the owner or person in possession of the vehicle, or shall be securely attached to the vehicle; one copy shall be forwarded to the Boynton Beach Police Department, and the final copy shall be retained by TOW CONTRACTOR. NON-LIABILITY OF CITY FOR TOWED VEHICLES. CITY shall not be responsible or liable in any manner whatsoever for either the collection or payment of any charges for services rendered, including towing and storage. ACCESSIBILITY OF STORAGE FACILITIES. TOW CONTRACTOR agrees that all storage areas shall be accessible between the hours of 8:00 A.M. and 6:00 P.M., Monday through Friday and 9 A.M. and 12 PM, Saturday; therefore the Gate Fee shall not be charged during the applicable business hours. Authorized personnel of TOW CONTRACTOR shall be available during such times to assure that the obligations and services, including retrieval of stored vehicles by the public, required of TOW CONTRACTOR are available and fulfilled. Accordingly, there shall be no "gate fees" charged to the CITY for retrieving or gaining access to a vehicle in storage. There will be a $40.00 gate fee charged to any individual(s) or other entity retrieving a vehicle from storage. PROTECTION OF VEHICLES AND PROPERTY. A. Vehicles and trailers stored in enclosed areas shall be stored under "lock and key." TOW CONTRACTOR shall protect all stored vehicles, and any evidence or personal property contained therein from theft and damage in accordance with all reasonable police department instructions and directives. Co TOW CONTRACTOR agrees to replace any such article(s) upon verification of the loss by the designated investigative agency representing the City of Boynton Beach or Palm Beach County. INSPECTION OF FACILITIES. A. Storage facilities shall be subject to inspection and shall be approved by CITY prior to award of the Certificate of Qualification and the execution of this Agreement. Storage facilities shall be subject to periodic inspections during the term of Agreement when deemed necessary by the City 14.3 Manager's office or the CITY's Police Department. Notice of any deficiencies or violations of this Agreement discovered by CITY with respect to storage facilities shall be submitted to TOW CONTRACTOR in writing, and TOW CONTRACTOR shall remedy the same within ten (10) days of receipt of such notice. The Agreement may be terminated and the Certificate of Qualification revoked, or suspended at the option of the CITY. RELEASES OF VEHICLES AND PERSONAL PROPERTY. A. TOW CONTRACTOR agrees to release any vehicle or trailer which has not been marked "HOLD." Any vehicle or trailer marked "HOLD" shall not be released without the prior written consent of the City of Boynton Beach Police Department. Co Eo All persons applying for release of the vehicle or trailer from TOW CONTRACTOR shall present adequate proof of ownership or right to possession. Upon release, TOW CONTRACTOR shall give a receipt and itemized statement indicating all charges related to the impounding of the vehicle or trailer to the owner or person entitled to possession. Rightful owners shall be able to retrieve their towed vehicle or trailer from TOW CONTRACTOR twenty-four (24) hours a day, seven (7) days a week, including legal holidays, provided the appropriate documentation has been filed. Any vehicle or trailer declared to be abandoned, junk or constituting a nuisance may only be released under the authority of the Boynton Beach Police Department. Any customer contacting TOW CONTRACTOR by telephone or otherwise prior to customer's arrival at the storage site shall be advised of the following by TOW CONTRACTOR: 1. each and every document or other item needed to retdeve vehicle; 2. exact charges at the time of contact and any additional charges that may accumulate subsequent to contact and before retrieval; 3. acceptable methods of payment; and 4. the hours and days that the storage site is open for regular business. If all matters are in order, customer shall be returned to possession of the towed vehicle or trailer within thirty (30) minutes of the request. 14.4 14.5 15.0 PERSONAL PROPERTY LOSS. A. CITY shall not be responsible for any loss or damage to vehicles to trailers, to any personal property contained therein, or to any vehicle accessories, regardless of the cause of such damage or loss. TOW CONTRACTOR shall hold CITY harmless as to any claims, suits or actions alleging such loss or damage. Personal property found in vehicles or trailers that have been stored by TOW CONTRACTOR shall not be sold or disposed of in any way to defray any charges for storage or towing. TOW CONTRACTOR shall be held accountable for all personal property and vehicle accessories inventoried at the time the vehicle or trailer is towed, while the vehicle is stored at TOW CONTRACTOR's storage facility, and while TOW CONTRACTOR disposes of junk, abandoned and nuisance vehicles. TOW CONTRACTOR shall make restitution to owner for all such losses occurring by theft, fire, or other damage. DESTINATION OF TOWED VEHICLE. TOW CONTRACTOR shall not move any vehicle or trailer to any location (specified at time of tow) other than that designated by a CITY Police Officer or other authorized CITY representative, or owner or person in possession of vehicle. ALL CITY owned or leased vehicles towed from a location within Palm Beach County shall be towed, as requested to CITY property. Each and every vehicle towed from within the city limits shall be towed to a storage facility within the city limits of Boynton Beach, Flodda, and shall remain at that location for at least seven (7) days. RADIO COMMUNICATION. A. All towing vehicles and wreckers must be equipped with two-way radio or telephone communication. The range of the communication system shall, at a minimum, extend throughout the Boynton Beach city limits. Accordingly, the base station for the above equipment must be strong and powerful enough to provide city-wide coverage. A citizens band radio is insufficient to meet this requirement. Any radio communication shall, at no time, be tuned into any police frequencies. C. Guidelines of the Federal Communication Commission (FCC) shall prevail. TOW CONTRACTOR shall, at all times, have a competent employee(s) manning the communication system. 23 16.0 Bo Co TOW CONTRACTOR shall provide a 24-hour emergency telephone number to be answered by a TOW CONTRACTOR employee designated to respond to emergency calls for service. This service is in addition to the communication system required in subsections 4.5(A)-(D) above, and is necessary so that TOW CONTRACTOR can provide timely and efficient service 24 hours a day, seven days a week. REPORTS AND RECORD KEEPING. A. TOW CONTRACTOR shall make available upon request to the CITY's Police Department, weekly reports of vehicles and trailers towed at the request of the Police Department. The written reports will be designed and supplied by CITY and the following information shall be provided thereon: 1. 2. 3. 4. 5. ° 9. 10. Name and owner of driver; model and make of vehicle or trailer; license plate number; vehicle identification number; time, date and location of tow; circumstances requiring tow; whether or not a "HOLD" was placed on the vehicle by the Police Department; time dispatched to scene and time of arrival; storage facility where vehicle is stored; and the date, time and name of employee releasing the vehicle. TOW CONTRACTOR shall make available upon request by the CITY's Police Department, a complete and detailed listing of all vehicles and trailers which have been impounded or stored for periods of thirty (30) days or more. Form to be provided by the CITY. Any vehicle or trailer that has not been claimed for a period-of thirty (30) days from the towing of the vehicle, shall be reported in writing to the Police Department. Services related to CITY owned or leased vehicles or trailers shall be logged and forwarded by TOW CONTRACTOR on a monthly basis to the CITY Public Works Director. All such logs shall identify the vehicle or trailer towed, the location from which it was towed, and the hours and dates applicable to TOW CONTRACTOR's services with respect to those vehicles or trailers. The "service ticket" shall include the signature of the authorized CITY employee approving towing of the CITY vehicle or trailer. TOW CONTRACTOR shall provide such information, until such time as a form is provided to it by CITY, which then must be completed by TOW CONTRACTOR. TOW CONTRACTOR shall maintain at its place containing the following information: 24 of business records a vehicle storage receipt of each vehicle on the premises; a monthly log of all calls for service by the Police Department; a notification log indicating the date, time and method of notification to the registered owner of the stored vehicle or trailer; and A daily log setting forth a list of all vehicles towed, as well as information on each vehicle as required by Section 5.0(A) of this Agreement. INSPECTIONS. 1. TOW CONTRACTOR shall maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services relative to this Agreement. 2. TOW CONTRACTOR shall make available for inspection by authorized CITY personnel the compounds and storage facilities required herein. 3. In order to facilitate inspection and audits by authorized CITY personnel, records maintained by TOW CONTRACTOR relative to services provided under this Agreement shall be kept separate and apart from other company records. RECORDS RETENTION AND RIGHT TO ACCESS. TOW CONTRACTOR shall preserve and make available for inspection and/or removal for the purpose of copying, all financial records related to performance and billing under the terms of this Agreement, upon five (5) days prior notice. All records shall be maintained for a pedod of three (3) years after termination of this Agreement. If an audit has been initiated within that three (3) year period, but findings from the audit have not been resolved, the records shall be retained and maintained until resolution of audit findings. For monitoring purposes, TOW CONTRACTOR shall submit to CITY's Tow Agreement Monitor, upon request, a log sheet detailing each tow made by TOW CONTRACTOR during that month, as well as the amount charged and service given for each tow. A copy of the invoice for each tow should accompany the monthly report. Failure to comply with the provisions and requirements of Section 5.0 of this Agreement shall result in suspension from the wrecker rotation until such time as TOW CONTRACTOR corrects such noncompliance. Should TOW CONTRACTOR fail to comply with any of the provisions of this section may, in the discretion of the City Manager, warrant recommending to the City Commission termination of the Certificate of Qualification and Agreement with TOW CONTRACTOR. 25 17.0 18.0 19.0 CODE ENFORCEMENT CASES. A. When vehicles or trailers are towed from public property, including right-of- ways, after the appropriate notification, TOW CONTRACTOR has the option of destroying the vehicle or keeping it safe for sale pursuant to Sections 713.78 and 715.05, Florida Statutes. TOW CONTRACTOR must proceed in accordance with the provisions set forth in Sections 713.78 and 713.05, Florida Statutes. Any breach thereof shall constitute a breach of this Agreement. When vehicles or trailers are towed from private property after receiving the appropriate notification, TOW CONTRACTOR must store the vehicle or trailer for a minimum period of thirty-five (35) days, after which time TOW CONTRACTOR has the option to destroy or sell the vehicle or trailer pursuant to Section 713.78, Florida Statutes. NON-EXCLUSIVITY OF SERVICES. A. The owner or person in possession of the vehicle or trailer which has been involved in an accident or which has been incapacitated in any other manner shall be given the opportunity to contact a wrecker or tow company of his/her choice, as long as the disabled vehicle does not create a hazardous condition and a reasonable response time can be expected. Said person shall also be given the opportunity to have the vehicle or trailer towed to a garage or compound of his/her choice. CITY shall not be liable for any charges for moving, towing, and storage of any vehicle or trailer; nor shall CITY be liable for any damages to any vehicle or trailer resulting from TOW CONTRACTOR's acts or omissions. Co All vehicles and trailers towed under the request of the CITY, including but not limited to the City's Police Department, Code Enforcement Department, Public Works Department, Fire Department, shall be governed by this section. INDEMNIFICATION AND HOLD HARMLESS CLAUSE. TOW CONTRACTOR shall defend, indemnify and save CITY, its agents, employees, and police department harmless from and against any and all claims, suits, actions, damages or causes of action whatsoever arising during the term of this Agreement, caused by any act or omission of TOW CONTRACTOR involving bodily injury, loss of life or damage to property, sustained as a result of TOW CONTRACTOR's duties; and from all costs, attorney's fees, expenses, liabilities, causes of action, investigations, and any administrative or legal proceedings brought therefrom; and from and against all orders, judgments or decrees which may be entered therein. 20.0 21.0 22.0 23.0 24.0 TOW CONTRACTOR shall further defend CITY, its agents, employees and police department in any action brought as a result of the items set forth in this section, and related to performance of this contract by TOW CONTRACTOR. In the event any litigation or other legal proceedings shall arise from this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and all costs and expenses incurred therein. NON-DISCRIMINATION. TOW CONTRACTOR hereby agrees and acknowledges that in the performance of this Agreement, it will not discriminate, or tolerate or permit discrimination on the basis of race, religion, gender, age, handicap, marital status, political affiliation, national origin, or otherwise with respect to its hiring practices and in the performance of the terms of this Agreement. POSTING AND PROVIDING CHARGES OF SERVICES. 1. TOW CONTRACTOR shall prominently post in a conspicuous location at its storage facilities and on its tow vehicles and wreckers, a list of charges, as set forth herein. A list of such charges shall also be printed and such charges shall be provided to the owner or person lawfully in possession of each vehicle and trailer towed by TOW CONTRACTOR. TOW CONTRACTOR shall not charge for any service that exceeds such posted or listed amount, nor shall TOW CONTRACTOR perform any service that is not deliniated on such posted or listed schedule without giving the owner or person lawfully in possession a written estimate of the amount that will be due and payable upon completion of the unposted or unlisted service. COMPLIANCE WITH LAWS. This Agreement shall be governed by all federal, state, and local laws, regulations, ordinances, and codes, as amended from time to time, and as set forth by any other regulatory agency, including but not limited to, any and all municipal codes, ordinances, or regulations which may govern CITY as a Florida municpal corporation. NON-ASSIGNABILITY. The Certificate of Qualification shall not be assigned, sold or transferred in any manner whatsoever. DISPOSAL OF VEHICLES. Should TOW CONTRACTOR, as a result of this Agreement, have in its possession any vehicle, trailer, or personal property from therein for a period in excess of ninety (90) days, and be ordered to relinquish such vehicle, trailer or personal property to the City of Boynton Beach Police Department, 27 25.0 26.0 27.0 TOW CONTRACTOR agrees to do so with no additional charges to CITY, other than that specified in this Agreement. MODIFICATION OF THIS AGREEMENT. No waiver or modification of this Agreement or any covenant, condition, provision, or limitation contained therein shall be valid absent the execution and approval of a written addendum executed by both parties. No evidence of any waiver or modification shall be offered or received into evidence in any proceeding, arbitration or litigation between the parties to this Agreement, unless such waiver or modification is duly executed as set forth in this Section. ETHICS AND CONDUCT. TOW CONTRACTOR hereby agrees to conduct operations under this Agreement in a courteous, orderly, ethical and businesslike manner. As it is recognized by both parties that this Agreement is sensitive in nature and requires TOW CONTRACTOR and its personnel and employees to work with the public on a daily basis, TOW CONTRACTOR is required to extend common courtesies, including but not limited to: Expedite release of vehicle in accordance with the terms of this Agreement; Assist the vehicle or trailer owner in retrieving documents from the vehicle or trailer to establish ownership; Permit the owner to remove the auto tag and any unattached personal possessions; Explain fully and politely the reason for the tow and all charges levied; and If a dispute occurs, TOW CONTRACTOR shall attempt to resolve the dispute promptly and politely. If it cannot be resolved satisfactorily, the dispute shall be reported to the City Manager's Office no later than the next business day. WRECKER ROTATION LIST PROCEDURE. A. Purpose. The purpose of the wrecker rotation is to have in place a procedure for wrecker call-out on a per incident basis (except Code Enforcement). An index card system is utilized and maintained by the CITY's Communication Division. Procedure. 1. Card System. a. Index cards will be arranged in a four-card file system, as follows: i. Class "A" and "B" Wrecker Companies; ii. Class "C" Wrecker Companies; and iii. Code Enforcement Wrecker Companies (all Class "A"/"B" TOW CONTRACTORS required to participate). Co iv. City Vehicles TOW CONTRACTORS will be filed in alphabetical order, according to corporate name. A TOW CONTRACTOR will be called in rotation order from the card file on a per incident basis. Wrecker Response. a. If TOW CONTRACTOR is unable to respond to a call for service, TOW CONTRACTOR will be moved to the end of the list, thereby forfeiting that rotation. b. The CITY official, agent or employee on the scene requesting the wrecker or tow shall determine whether a wrecker remains on the top of the rotation list in the event of cancellation or other circumstances where the wrecker is not used. Said CITY official shall notify the Communications Division upon cancellation of the tow and the tow company will retain their position on the rotation list. c. The next tow company in the rotation will be contacted in the event TOW CONTRACTOR cannot be reached by the CITY's Communications Division or TOW CONTRACTOR has failed to respond within a reasonable time to a hazardous scene. The City official, agent or employee shall determine, based on his sole discretion, whether the response time was excessive. d. During the midnight shift, the CITY will reconcile logs on a daily basis, and will gather any reports of problems or incidents that were brought to the attention of the dispatch supervisor, who shall forward the same to the Tow Agreement Monitor within the CITY's Police Department. Rotation Tracking. a. A manual Icg will be used by CITY to track all vehicle or trailer tows to include rotation wreckers. b. The Icg shall contain the date and time of the tow, the tow company, the CITY 'officer, agent or employee, dispatch, case number, remarks, and a computer check. c. Specific requests from the vehicle or trailer owner or person lawfully in possession will not be charged against the rotation schedule. The request shall be logged as such by CITY in the manual Icg. If an owner's request cannot be honored for any reason whatsoever, a rotation wrecker will be contacted and so charged on the rotation schedule. Knowledge of Position on Rotation List. a. TOW CONTRACTOR is responsible for knowing its position on the wrecker rotation list. CITY will not provide this information over the telephone. b. The rotation list is public record pursuant to Chapter 119, Florida Statutes, and is available for inspection, by appointment, during regular business hours. 28.0 CODE ENFORCEMENT TOWING PROCEDURE. A. Purpose. Standard operating procedure is to be utilized for the removal of vehicles or trailers deemed to be abandoned, unregistered or wrecked as described in Section 10-52, City of Boynton Beach Code of Ordinances. The towing of these vehicles are to be at no charge to the CITY. Procedure. 1. Tow List. a. Tow lists can be picked up at the front desk of the the CITY's Police Department on the 1st, 10th, and 20th day of each month. All tow lists must be returned to the front desk no later than midnight of the last day of the month. b. Results of the status of each vehicle or trailer will be noted on the list (i.e. towed, gone-on-arrival, or currently licensed). c. Those vehicles or trailers whose status is not verified will automatically roll-over to the next month's tow list. d. Each TOW CONTRACTOR represented in the rotation system shall supply the name of and accessible contact person and that person's phone number to the Police Department employee responsible for the tow list. Rotation. a. Wrecker companies shall rotate Code Enforcement tows on a monthly basis. b. TOW CONTRACTOR is required to notify CITY's Code Enforcement Department and the employee responsible for the tow list, at least ten (10) days in advance of its month do undertake Code Enforcement tows, if said TOW CONTRACTOR is unable to perform such tows as requested by CITY. In the event TOW CONTRACTOR is unable to perform, it shall be moved to the end of the Code Enforcement Rotation, and may be subject to penalties as provided in this Agreement. 3O Co TOW CONTRACTOR's failure to perform Code Enforcement tows for more than two (2) months during any twelve (12) month period may result in suspension from ALL tow lists for a period of time as determined under the sole discretion of the CITY's City Manager. CITY hereby reserves the right to modify the rotation schedule or procedure for Code Enforcement tows under this section of the Agreement in an effort to improve upon the procedure to place code enforcement tows in the regular rotation or otherwise. 29.0 TERM OF AGREEMENT. This Agreement shall take effect as of the date the Agreement is ratified by Resolution of the City of Boynton Beach City Commission, and shall have a term of two (2) years from that date. This Agreement shall be automatically renewed for one (1) additional year, unless either party provides wdtten notice via certified mail to the other party within thirty (30) days of the end of the yeady term, that the Agreement shall be terminated at the end of the term. 29.1 29.2 INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that TOW CONTRACTOR is an independent contractor under this Agreement and not the CITY's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Intemal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. TOW CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out TOW CONTRACTOR's activities and responsibilities hereunder. TOW CONTRACTOR agrees that it is a separate and independent enterprise from the CITY; that it has full opportunity to find other business; that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the TOW CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by TOW CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. NOTICE. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, 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. 3! 29.3 For the present, the TOW CONTRACTOR and the CITY designate the following as the respective places for giving of notice: City Manager City of Boynton Beach P.O. Box 310 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 TOW CONTRACTOR: BECK'S TOWING & RECOVERY, INC 506 NE 3I~D STREE? BOYNTON BEACH, FL 33435 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. 29.4 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. 29.5 29.6 GOVERNING LAW. The terms and conditions of this Agreement shall be governed by and interpreted under the laws of the State of Florida. Venue for the purposes of any litigation adsing out of this agreement shall be in Palm Beach County, Flodda. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between CITY and TOW CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 32 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed in the presence off ,. \~¢~u' '[,.tll/,. /....._- '-~ ~ Si~ed, sealed ~d Mmessed ~ the presence of: State of Florida County of Palm Beach ) ) SS: ) CITY OF BOYNTON BEACH, FLORIDA Approved as to Form: CONTRACTOR PreSident or Vice President Attest as to CONTRACTOR authorized to administer oaths, !o be. the persons described herein or wh~ t. ......... . , known · ~' ~ pr°uuceac~_/~ t~d-/-'X.,q_e ~ a ~dentlficat~on and who executed the foro~,^;-~: .... - .. .- , s they have executed same. '-s'-,-,s m~mamem ana nas acknowledged before me that My Commission Expires: Not~ary Public VVP~AGMTS\Towino Agreement 33