R00-098RESOLUTION NO. R00-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
ADDENDUM TO TOWING SERVICES FOR THE CITY
OF BOYNTON BEACH; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City entered into a towing Agreement on May 20, 1997,
which was ratified by the City Commission on June 20, 1997 (Resolution R97-80);
and
WHEREAS, the parties wish to modify certain terms and conditions of the
Lease as provided in the attached Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
does hereby authorize and direct the Mayor and City Clerk to execute an Addendum
to the Towing Services Agreement of the City of Boynton Beach, said Addendum
being attached hereto as Exhibit "A".
Section2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ~ day of July, 2000.
CITY ~ BOYNTON J~i~EACH, FLORIDA
~ r Pro To
Commissioner
Commissioner
ATTEST:
~S~JRbso~'gr\Towing~.., Amd~16~/' .0~_.
IN WITNESS OF THE FOREGOING, the partieS have set their hands and seals
this//~'day of July, 2000.
TOW CONTRACTOR
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly aUthorized by law to admin, jster oaths and take
acknowledgments, personally appeared ~-~.,~_./~ F/~¢/~','~.. , and
acknowledged he executed the foregoing Addendum for the use an¢ purposes
mentioned in it, and that the instrument is his act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand
at in the State and County aforesaid on this 1/' ~Wday of ~ 2000.
NOTARY PUBLIC
and official seal
My Commission Expires:
s:ca\~agmts\Tow K- sen/ices addendum
Barbara M. Madden
~"'"'~:~"~Commi.ion · CC 760467
~o~, .ONDEDT".U
ATLANTIC BONDING CO,, INC.
............. CITY' 'ATTORNEY
ADDENDUM TO THE TOWING SERVICES AGREEMENT
THIS ADDENDUM dated the ~ day of JULY 2000, is entered into between
the CITY OF BOYNTON BEACH, hereinafter referred to as "City", and
., hereinafter referred to as "Tow
Contractor", in consideration of the mutual benefits, terms, and conditions hereinafter
Specified, and shall constitute part of the original agreement between the City and Tow
Contractor ratified June 20, 1997 (Resolution R97-80).
WHEREAS, the City and the Tow Contractor entered into a towing agreement on
May 20, 1997, for provision of towing services;
WHEREAS, the towing agreement expired on May 20, 2000;
WHEREAS, City staff has determined that modification of the tow agreement
through execution of an addendum to provide for a one-year extension of the
agreement is necessary; and
WHEREAS, staff has indicated that this modification is necessary for the Tow
Contractor to continue to provide uninterrupted and satisfactory towing services to
citizens of the City.
NOW THEREFORE, BOTH PARTIES AGREE AS FOLLOWS:
Section 1. That Section 6.5 of the original agreement, "Modification of this
Agreement" between the City and Tow Contractor is hereby amended to provide for a
one-year extension of the agreement.
Section 2. This addendum extending the original towing agreement shall be for
a period of one year, from July 5, 2000 to July 4, 2001. The agreement shall be
terminate at the end the one-year extension.
All other terms, provisions and conditions of the original agreement not effected
by this addendum remain unchanged.
Section 3. Each person signing this addendum on behalf of either party
individually warrants that he or she has full legal power to execute this addendum 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 addendum.
NAME OF BID:
BID#:
ONE YEAR CONTRACT FOR VEHICLE TOWING
ROTATION PROGRAM
047-1210-99/CJD
RECEIVED
TOwing Services Agreement between the City of Boynton Beach, Owner; and
EMERALD TRANSPORTATION
(Company's Name)
JUN 9 ~000
PURCHASING DEPT.
COntract Renewal Period:
MAY 20, 2000 TO MAY 19, 2001
Yes, I agree to the addend,am to extend the existing contract for one (t)
- additional year under the same Terms and Conditions, and agree to submit
a Certificate of Insurance along with this agreement and will name the
City of Boynton Beach the additional insured.
lqI~2VIE OF COMP'ANY
No, I do not wish to renew the contract at this time.
~ATU~
N, ~iE OF REPRESENTATIVE
(please print)
DATE
TITLE
37-
(AREA CODE) + TELEPHONE NUMBER
Revised
2/10/97
RECEIVED
NAME OF BID:
ONE YEAR CONTRACT FOR VEHICLE TOWING
ROTATION PROGRAM
MAY $1 2000
PURC. HASING DEI:~-,
BID#:
047-1210-99/CJD
Towing Services Agreement between the City of Boynton Beach, Owner; and
EASTERN TOWING
(Company's Name)
Contract Renewal Period: MAY 20, 2000 TO MAY 19, 2001
Yes, i agree to the addendum to extend the existing contract for one (1)
additional year under the same Terms and Conditions, and agree to submit
a Certificate of Insurance along with this agreement and will name the
City of Boynton Beach the additional insured.
No, I do not wish to renew the cofla~ct at this time.
lqAME OF COMPANY ~ '" S~G~,.TURE[-.,d
NAME OF REPRESENTA~TIVE
(please print)
DATE
TITLE
(AREA CODE) + TELEPHONE NUMBER
RECEIVED
I~AY 81 tll0~
Revised
2/10/97
NAME OF BID:
ONE YEAR CONTRACT FOR VEHICLE TOWING
ROTATION PROGRAM
BID#: 047-1210-99/CJD
TOwing Services Agreement between the City of Boynton Beach, Owner; and
ZUCCALA'S WRECKER SERVICE
(COmpany's Name)
COntract Renewal Period:
MAY 20, 2000 TO MAY 19, 2001
Yes, I agree to the addendum to extend the existing contract for one (1)
additional year under the same Terms and Conditions, and agree to submit
a Certificate of Insurance along with this agreement and will name the
City of Boynton Beach the additional insured.
No, I do not wish to renew t
Zv // Tva/ .
NAME OF ~2OMPANY
NAME OF REPRESENTATIVE
(please print)
"~TrT-LE
(AREA CbDE) + TELEPHONE ~ER
RECEIVED
JUN $ 2000
PURCHASING DEPT.
Revised
2/10/97
NAME OF BID:
ONE YEAR CONTRACT FOR VEHICLE TOWING
ROTATION PROGRAM
BID#:
047-1210-99/CJD
Towing Services Agreement between the City of Boynton Beach, Owner; and
BECK'S TOWING
(Company's Name)
Contract Renewal Period:
MAY 20, 2000 TO MAY 19, 2001
Yes, t agree to the addendum to extend the existing contract for one (1)
additional year under the same Terms and Conditions, and agree to submit
a Certificate of Insurance along with this agreement and will name the
City of Boynton Beach the additional insured.
No, I do not wish to renew the contract at this time.
NAME OF COMPANY
NAME OF REPRESENTATIVE
(please print)
/ o/oo
DATE
SIGNATURE
TITLE
A CODE) + TELEPHONE NUMBER
Revised
2/10/97
E;-21-2Ek~Q '~ :2-E~'l',i ~Oid KAUFFS'~'~PB 4.8,' ,78SE,4..C~E~2 P. 3
NAMI~ O; BiD~ o~ ~ CONTRACT FOR VERICLE TOW~C
ROYAl'ION i'ROGRAM
~ ~ P~: .~ ~ 2ooo To ~v 19.
NAME OF BID:
ONE YEAR CONTRACT FOR VEHICLE TOWING
ROTATION PROGRAM
BID#:
047-1210-99/CJD
Towing Services Agreement between the City of Boynton Beach, Owner; and
BECK'S TOWING
(Company's Name)
Contract Renewal Period: MAY 20, 2000 TO MAY 19, 2001
Yes, I agree to the addendum to. extend the existing contract for one (1)
additional year under the same Terms and Conditions, and agree to submit
a Certificate of Insurance along with this agreement and will name the
City of Boynton Beach the additional insured.
No, I do not wish to renew the contract at this time.
NAME OF COMPANY
NAME OF REPRESENTATIVE
(please print)
/ o/oo
DATE
SIGNATURE
TITLE
A CODE) + TELEPHONE NUMBER
Revised
2/10/97
NAME OF BID:
ONE YEAR CONTRACT FOR VEHICLE TOWING
ROTATION PROGRAM
BID#:
047-1210-99/CJD
Towing Services Agreement between the City of Boynton Beach, Owner; and
ZUCCALA'S WRECKER SERVICE
(Company's Name)
COntract Renewal Period: MAY 20, 2000 TO MAY 19, 2001
Yes, I agree to the addendum to extend the existing contract for one (1)
additional year under the same Terms and Conditions, and agree to submit
a Certificate of Insurance along with this agreement and will name the
City of Boynton Beach the additional insured.
No, I do not wish to renew t
NAME OF COMPANY
NME OF REPRESENTATIVE
(please print)
~T~'YLE
(AREA CODE)+ TELEPHONE NUMBER
RECEIVED
JUN 5 2000
I~JRCHA$t~. DEPT.
Revised
2/10/97
1LECEIVED
NAME OF BID:
ONE YEAR CONTRACT FOR VEHICLE TOWING
ROTATION PROGRAM
MAY $1. 2000
PURCHASING DEPT~.
BID#:
047-1210-99/CJD
Towing Services Agreement between the City of Boynton Beach, Owner; and
EASTERN TOWING
(COmpany's Name)
COntract Renewal Period: MAY 20, 2000 TO MAY 19, 2001
Yes, i agree to the addendum to extend the existing contract for one (1)
additional year under the same Terms and Conditions, and agree to submit
a Certificate of Insurance along with this agreement and will name the
City of Boynton Beach the additional insured.
No, I do not wish to renew the coja~ct at this time.
NAME OF COMPANY ~' " S~G~IATURE
NAME OF REPRESENTATIVE
(please print)
DATE
TITLE
(AREA CODE) + TELEPHONE NUMBER
RECEIVI
MAY 81tl
Revised
2/10/97
NAME OF BID:
BID//:
ONE YEAR CONTRACT FOR VEHICLE TOWING
ROTATION PROGRAM
047-1210-99/CJD
RECEIVED
Towing Services Agreement between the citY of Boynton Beach, Owner; and
EMERALD TRANSPORTATION
(Company's Name)
JUN 9 2000
Contract Renewal Period:
MAY 20, 2000 TO MAY 19, 2001
Yes, I agree to the addendum to extend the existing contract for one (1)
additional year under the same Terms and Conditions, and agree to submit
a Certificate of Insurance along with this agreement and will name the
CitY of Boynton Beach the additional insured.
NAME OF coMP'ANY
No, I do not wish to renew the contract at this time.
NAME OF REPRESENTATWE
(please print)
TITLE
DATE
(AREA CODE) + TELEPHONE NUMBER
ReviSed
2/10/97
(~..F.A CODE)
2/10t~"/
CITY OF BOYNTON BEACH
TOWING SERVICES AGREEMENT
1997 AGREEMENT
Revised 3/18/97
~4) ..
(5)
Class B (vehiCles 10,000 to 30,000
GVW) within the City limits;
Towing outside the City limits
for Class B vehicles;
(6)
(7)
Class C vehicles (over 30,000
GVW) within City limits;
Class C vehicles outside City
limits;
(8)
(9)
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
Underwater recovery salvage
divers
i 997 Tow Contract.3\ 18\97
2
$125.00 per call
an additional
$4.00 per towed
mile from the
City limits
$150.00 per call
an additional
$6.00 per towed
mile from the
City limits
$30.00 per
half hour
$75.00 for the
first hour, and
$30.00 per half
hour thereafter
$35.00 per call
$120.00 per hour
an additional
$5.00 per towed mile
from City limits
$125.00 for first
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 shal! 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
$20.00 per day
$25.00 per day
(2)
Trucks and vehicles over 3/4 ton
Outside storage
Inside storage
$30.00 per day
$35.00 per day
(3)
Motorcycles
Outside storage
Inside storage
$10.00 per day
$15.00 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)
$30.00 per vehicle
Pe.r 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:
(1) Class A and B wrecker on the
scene;
1997 Tow Contract,3\ 18\97 3
$60.00 per hour
12) .- Extra man (each) on the scene $35.00 per hour
A vehicle recovery fee shall not be charged to the vehicle owner in
conjunction with Section 1.11 (A) of this Agreement.
(D) ROAD SERVICE
For all trucks, cars, vans and other vehicles under and over 3/4 ton, a road
service fee of $30.00 per call may be charged to the vehicle owner for services
such as assisted start, unlocking a door, delivering gas, tire changes, etc.
1.12
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 fifty (50%) 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 fifty (50%) 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 fifty (50%) percent of
the contract rate and will be stored for fifty (50%) 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 fifty (50%) 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 fifty
(50%) percent of the contract rate and will be stored at fifty (50%) percent
of the contract rate, as set forth in Section 1.11 of this Agreement.
F. City shall not be assessed any waiting time charges, whatsoever.
1.15
SPECIAL AND ADDITIONAL CHARGES
A. WAITING TIME. The cost for waiting time shall not be assessed by TOW
CONTRACTOR until sixty (60) minutes after arrival at the scene.
B. LABOR CHARGES. The cost for labor under any circumstances and when
applicable shall not be assessed by TOW CONTRACTOR until sixty (60)
1997 Tow Contract,3\l 8\97 4
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.
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.
li2
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;
1997 Tow Contract3\l 8\97
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 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 shaft 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.
1997 Tow Contract,3\ 18\97
TOW CONTRACTOR shaft 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
,, 6
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 during the term of this
Agreement a Palm Beach County Towing License required pursuant to
Palm Beach County Ordinance 94-2. Proof of said license shall be
submitted prior to the approval of this Agreement.
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.
1~4 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 APPLlCATIONS THAT ARE RECEIVED WILL BE
AUTOMA TICALL Y DISQUALIFIED AND WILL NOT BE CONSIDERED.
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.
B. TOW CONTRACTOR shall furnish towing
vehicles within the City of Boynton Beach
1997 Tow Contract,3\l 8\97 7
service for the removal of
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.
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.
1.6
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.
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.
5. 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 at least twenty (20) feet in length, and at least
1997 Tow Contract3\ 18\97 8
fifty (50) feet of 318 inch cable.
Bo
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 an
eight (8) ton winch.
Co
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, and any sanitation
truck.
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;
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;
1997 Tow Contract.3\18\97 .. 9
4.
5.
6.
7.
8.
10.
11.
12.
13.
14.
15.
16.
One (1) heavy-duty push broom;
A flood light on the hoist;
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
properly maintained in a mechanically safe condition.
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.
1997 Tow Contract,3\l 8\97
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.
1.7
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.
1.8
STORAGE FACILITIES.
TO.W 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.
1. 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,
1997 Tow Contract,3\l 8\97 · 11
do
.. 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 manned 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. a working area of 9' X 20' per vehicle with at least an eight (8') foot
high ceiling;
1997 Tow Contract3\ 18\97 12
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.
Co
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.
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.
2.0 PERFORMANCE PROBATION PERIOD.
A. A contractor awarded a Certificate of Qualification will be Subject to a
1997 Tow Contract,3\l 8\97., 13
2.5
2.1
2.2
t. hre.e (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.
REVOCATION.
In the event any criteria for. qualification established by this Agreement and
Resolution R97- 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.
1997 Tow Contract,3\l 8\97 .. 14
2.3
COMPLAINTs AGAINST TOW CONTRACTOR.
TOW CONTRACTOR hereby agrees that any complaints received by CITY
concerning the performance of TOW CONTRACTOR's duties under this
Agreement and otherwise shall be referred to the City Manager of the City of
Boynton Beach. The failure of TOW CONTRACTOR to follow any subsequent
reasonable instruction of the City Manager regarding any complaint will be
considered a material breach of this Agreement and the awarded Certificate of
Qualification, and shall be cause for termination thereof.
2,4
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.
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.
1997 Tow Contract,3\l 8\97.,
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.
15
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.
Z6
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).
21.7
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
1997 Tow Contract3\ 18\97 16
2.9
3.0
3.1
place f. or 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 a(~ts 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:
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.
1997 Tow Contract3\l 8\97., 17
Co
in th'e 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 and 2nd offense
2. 3rd offense
3. 4th offense
4. 5th offense
5. 6th offense and greater
Penalty
No 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.
3.2
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.
3.3
1997 Tow Contract,3\l 8\97 ..
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
tS
.auto. mobile, 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.
3.4
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:
Comprehensive General Liability Insurance with minimum limits of
coverage of Five Hundred Thousand ($500,000.00) 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
1997 Tow Contract,3\ 18\97., 19
3.7
3.8
3.9
3.10
storage. ,.
ACCESSIBILITY OF STORAGE FACILITIES.
All storage areas shall be accessible at any time, day or night, seven days a
week, and 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" charges to CITY or any
individual(s) or 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 be 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
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.
1997 Tow Contract,3 \ 18\97 21
Bo
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 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.
4.0
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
1997 Tow Contract3\ 18\97 .. 22
4.1
4.5
5.0
!ac. il!_ty, 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.
Ao
C.
D.
E.
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.
Guidelines of the Federal Communication Commission (FCC) shall
prevail.
TOW CONTRACTOR shall, at all times, have a competent employee(s)
manning the communication system.
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 RECORDKEEPING.
A. TOW CONTRACTOR shall provide to the CITY 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;
1997 Tow Contract,3\l 8\97 ,, 23
5.
6.
7.
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.
In addition to the last weekly report of each month, TOW CONTRACTOR
shall supply CITY's Police Department with 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.
Do
TOW CONTRACTOR shall maintain at its
containing the following information:
1.
2.
3.
place 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.
1997 Tow Contract3\ 18\97
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
24
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 on a monthly basis a log sheet detailing each tow
made byTOW 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.
Failu~'e 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.
5,1
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.
C. 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
1997 Tow Contract,3\ 18\97 ,, 25
TOW CONTRACTOR has the option to destroy or sell the vehicle or
trailer pursuant to Section 713.78, Florida Statutes.
5.2
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.
5.3
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.
5;4
1997 Tow Contract,3\ 18\97
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
5.5
5.6
5~7
6i0
6~5
the ped_ormance 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, 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.
1997 Tow Contract,3\ 18\97 .. 27
6.6
ETHICS AND CONDUCT.
TOW-CO~TRACTOR 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:
B.
C.
D.
E.
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.
7.0
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 three-card file system, as
follows:
i. Class "A" and "B" Wrecker Companies;
ii. Class "C" Wrecker Companies; and
ii. Code Enforcement Wrecker Companies (all Class
"A"/"B" TOW CONTRACTORS required to
participate).
b. TOW CONTRACTORS will be filed in alphabetical order,
according to corporate name.
c. A TOW CONTRACTOR will be called in rotation order from
the card file on a per incident basis.
2. Wrecker Response.
a. If TOW CONTRACTOR is unable to respond to a call for
service, TOW CONTRACTOR will be moved to the end of
1997 Tow Contract.3\ 18\97., 28
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.
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.
3,
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.
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.
8.0 CODE ENFORCEMENT TOWING PROCEDURE.
A. Purpose. Standard operating procedure is to be utilized-for the
removal of vehicles or trailers deemed to be abandoned or wrecked as
1997 Tow Contract,3\l 8\97., 29
des.cribed in Section 10-52, City of Boynton Beach Code of Ordinances.
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.
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 dght 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 othen~ise.
9,0 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 one (1) year from that date. This Agreement shall be automatically renewed
1997 Tow Contract.3\l 8\97 . 30
for two (2).additional one (1) year terms, unless either party provides written
notice ~/ia ~:ertified 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.
9.1
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 make
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.
10.0
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
pr.ovisions of this section. 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:
1997 Tow Contract,3\ 18\97 .. 31
10;2
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.
10.3
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.
10.4
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.
10.5
EXTENT OF AGREEMENT.
This Agreement represents the entire and integrated agreement between CITY
and TOWCONTRACTOR and supersedes all prior negotiations, representations
or agreements, either written or oral.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
BY:
Mayor
ATTEST:
APPROVED AS TO FORM:
City Clerk
City Attorney
1997 Tow Contract.3\ 18\97., 32
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared , and acknowledged he/she
executed the foregoing Agreement for the use and purposes mentioned in it, and that
the instrument is his/her act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal
at in the State and County aforesaid on this ~ day of 1997.
NOTARY PUBLIC
My Commission Expires:
WITNESSES:
TOW CONTRACTOR
BY:
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared . , and acknowledged he/she
executed the foregoing Agreement for the use and purposes mentioned in it, and that
the instrument is his/her act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal
at in the State and County aforesaid on this day of 1997.
NOTARY PUBLIC
My Commission Expires:
WP~.GMT$~Towing Agreement
1997 Tow Contract.3\ 18\97 . 33