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R18-176 1 RESOLUTION NO. R 18-176 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AND 5 AUTHORIZING THE CITY MANAGER TO SIGN THE 6 SECOND AMENDMENT TO AGREEMENT FOR 7 VEHICLE TOWING ROTATION PROGRAM FOR THE 8 ONE YEAR PERIOD DECEMBER 15, 2018 TO 9 DECEMBER 14, 2019 AND AN ANNUAL FRANCHISE 10 FEE OF $12,000; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS, the current Franchise Agreement was for a three (3) year period that ends 14 on December 14, 2018. and has the option for two (2), one (1) year renewals; and 15 WHEREAS, although the current agreement was awarded to two (2) vendors, staff is 16 recommending renewing the contract with only one vendor for the renewal year of December 15, 17 2018 thru December 14, 2019; and 18 WHEREAS, it is staffs intent to issue a new RFP for towing franchise during the 19 spring/summer of 2019 to take effect at the end of this renewal period December 15, 2019; and 20 WHEREAS, the current agreement with Beck's provided for an annual franchise fee of 21 $101,123, which the vendor has indicated that over the 3 year period their costs have increased 22 and they have seen a reduction in calls and therefore, based on this they have offered to renew 23 for a year but at a much lower annual franchise fee; and 24 WHEREAS, the City Commission of the City of Boynton Beach, upon the 25 recommendation of staff, deems it in the best interest of the citizens and residents of the City 26 of Boynton Beach to approve and authorize the City Manager to sign a Second Amendment 27 to the Towing Franchise Agreement with Beck's Towing & Recovery for the period of 28 December 15, 2018 to December 14, 2019 for an annual franchise fee of$12,000. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF :\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\TQFSZ5NC\Second_Amendment To_Towing_Franchise_(2018)_=Reso.Docx 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption. 33 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 34 approves and authorizes the City Manager to sign a Second Amendment to the Towing 35 Franchise Agreement with Beck's Towing & Recovery for the period of December 15, 2018 36 to December 14, 2019 for an annual franchise fee of $12,000, a copy of the Second 37 Amendment is attached hereto as Exhibit "A". 38 Section 3. That this Resolution shall become effective immediately. 39 PASSED AND ADOPTED this 4th day of December, 2018. 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 YES NO 43 44 Mayor— Steven B. Grant V 45 46 Vice Mayor—Christina L. Romelus V 47 48 Commissioner—Mack McCray tr 49 50 Commissioner—Justin Katz 51 52 Commissioner—Aimee Kelley 53 54 VOTE 5-0 55 ATTEST: 56 57 1 -7 58 Lula.,'" n' . )5% 59 Jud' A. Pyle, CMC 60 City Clerk 61 62 63 (Corporate Seal) 64 C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.1E5\TQFSZ5NC\Second_Amendment_To_Towing_Franchise_(2018)__Reso.Docx SECOND AMENDMENT TO THE TOWING FRANCHISE AGREEMENT [ THIS SECOND AMENDMENT,dated the W day of Dic,- er,,2O 18,between: CITY OF BOYNTON BEACH, a municipal corporation, P.O. Box 310, Boynton Beach, Florida 33425,hereinafter referred to as "CITY"; and BECK'S TOWING & RECOVERY, INC., a company authorized to do business in the State of Florida, with its principal place of business at 410 N.E. Fifth Avenue, Boynton Beach, FL 33435, hereinafter referred to as "CONTRACTOR." WITNESSETH: WHEREAS,on December 15, 2015, the CITY and CONTRACTOR entered into a Towing Franchise Agreement ("Agreement") whereby CONTRACTOR was engaged to provide vehicle towing and storage services for the CITY; and WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's Request For Proposals From Towing Contractors,RFP No.: 064-2110-15/JMA(the RFP); and WHEREAS, on July 1, 2016, Chapter 2016-179, Laws of Florida, amended the Florida Contraband Forfeiture Act requiring the forfeiting agency to be responsible for the storage and maintenance of seized vehicles held for forfeiture proceedings the CITY and CONTRACTOR signed the First Amendment; and WHEREAS, the CITY and the CONTRACTOR desire to amend the Agreement in accordance with the terms set forth herein. NOW, THEREFORE, for and in consideration of the mutual covenants and other good and valuable consideration, the Parties hereto agree as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and correct, and incorporated herein. SECTION 2. Section 4.1.1 of Article 4, entitled "Term and Termination," shall be amended to state the following: 4.1.1 This is a three year (3) year term contract commencing on December 15, 2015 and ending on December 14, 2018. The CITY and CONTRACTOR wishes to renew the agreement for a one (1) year period commencing on December 15, 2018 and ending on December 14,2019. Page 1 of 3 SECTION 3. Add section 3.1.4 and 3.1.4 of Article 3 entitled "Compensation and Method of Payment"shall be read as follows: [ 3.1.4 The CONTRACTOR shall pay the CITY the sum of $12,000 annually, payable in monthly installments for the renewal period of December 15, 2018 thru December 14, 2019, the first monthly payment due on or before December 15, 2018 and thereafter on the 15th of each month ending on November 15,2019. 3.1.5 The CONTRACTOR is in arrears in their payments due to the CITY for FY 17/18 and has acknowledged that it has no defense to the CITY's claim for payment. The CONTRACTOR agrees to pay the outstanding arrearage of the FY 17/18 franchise fee in the amount of$25,280.75 on or before March 8, 2019. In the event of non-payment by that date the CITY may, at its sole option, terminate this franchise agreement without waiving the CITY'S recourse to recover any then outstanding payments due the CITY including the remaining portion of the s arrearage. SECTION 4. The Parties agree that in all other respects the Agreement shall remain in full force and effect, except as specifically modified by this Second Amendment. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. Page 2 of 3 8 ; 1 IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH ATTEST: t ' u'f - BY ........21: City! erk Lori LaVerriere,City er ,/ , O APPRO D AS O FORM , if James A.Cherot, a'ttorney S WITNESS: CO ' _CTOR BY: 1 i'f f 1100),,e),— Vlf ,...1„, , ,, TIT : - s Towing&Recovery,Inc. STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared6-lemon.? SCK as VIC e i cehrrof Beck's Towing & Recovery, Inc., a Florid cdrporation, and acknowledged execution of the foregoing Agreement as the proper official of for the use and purposes mentioned in it and affixed the official seal of the corporation,and at the instrument is the act and deed of that corporation. IN WITNESS OF THE FOREGOIN,GI--, I ave set my hand and official seal at in the State and County aforesaid on this day of j 018. NOTARY PUBLIC Le5,/41,1.Ge.-)a9,/ MyC/��o ssi Expires: Q LQ 0(0 'gyp BRAIDS COOK tW CAMBSION#8559878 • :410114 . OIN° EXPIRES:JUN 06,2020 tnn fimao. State Ifl tH lce Page 3 of 3