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R92-13RESOLUTION NO. R92-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND MURPHY'S TOWING, INC.; APPROVING THE RATE SCHEDULE SUBMITTED BY MURPHY'S TOWING~ INC.; A COPY OF SAID CONTRACT AND RATE ~CHEDULE ARE ATTACHED HERETO AS EXHIBIT A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to authorize the Mayor and City Clerk to enter into a Contract with Murphy's Towing, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: ~ection 1. The Mayor and City Clerk are hereby directed to execute a Contract between the City of Boynton Beach and Murphy's Towing, Inc., and approving the Rate Schedule submitted by Murphy's Towing, Inc., said Contract being attached hereto as Exhibit "A". Section 2. upon passage. This Resolution shall take effect immediately PASSED AND ADOPTED this ~/ day of January, 1992. ATTEST: T6W'~NG:CONk-. : CITY OF BOYNTON BEACH, FLORIDA Mayor . CITY OF BOYNTON BEACH TOW SERVICE CONTRACT {Accidents, City Owned or Leased Vehicles,,, Police/Crime Scene/Confiscated Vehicles, Code Enforcement Vehi~cles) January~ 1992 to JanuaryS, 1994 TABLE OF CONTENTS Section 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Rates ...... . ................................ Term ........................................ Award ....................................... Competency of Bidders ....................... Specifications .............................. Wreckers One hicles .... ; and Property ......... and-Personal Property... Vehicle ................ and Right to Access Harml ess ........... LaWS ann Ordinances Page 1 1 2 3 5 6 8 9 10 10 10 11 11 11 12 12 13 14 14 15 15 15 18 18 19 19 20 20 21 21 22 22 24 24 24 25 25 26 26 26 27 27 27 44 45 46 47 48 49 50 51 52 53 54 Performance Bond ............................ Disposal of Vehicles ........................ Relationship of Parties ..................... Compliance with Laws ........................ Notices Between Parties ..................... Venue/Severabiltty ......................... Agreements Outsi~e of Contract ............. Modification of this Agreement ............. Time Relative to Performance ............... Cost of Litigation ......................... Attachments ................................ Price Quotes ............................ Statement of. Corporation Officers ........ Proper ProcedUre for City Ordinances - Section 10-52 ..... Insurance Requirements ................... 27 28 28 29 29 29 30 3O 3O 31 31 32 35 38 40 10/14/91 REQUEST FOR BID PROPOSAL8 FOR PROVIDING TOWING SERVICES (ACCIDENTS, CITY OWNEU OR LEASED VEHICLES, POLICE/CRIME scENE/CONFISCATED VEHICLES, CODE'ENFORCEMEN,~*gEHiCLES) The providing should be shall City towing and s~torage inccrporate directlyor by reference ~City. ~criteria. the terms proposals for Ail proposals Ail proposals and conditions hereinafter set forth and such terms and conditions shall constitute the basis for a contract for towing services between the City of Boynton Beach and the successful bidder. T~RMS AND CONDITIONS %. P~ATES The rates charged by Commission are only applicable to the bid. The rate charged by the contract materials, and equipment shall not be the successful bidder as approved by the City terms and conditions of this to provide all labor, tools, greater than the applicable maximum rates as provided by the Contractor herein. 2. TERM The term of the contract will be for two (2) consecutive years. Prior to the end of the term this contract requests for bid proposals will be sought. The City reserves the right to cancel said contract at any time in the event it deems that the contractor fails to maintain the required minimum standards. Revised 10/14/91 CONSIDERATION FOR AWARD/AWARD PROCEDURES A. The award of this contract shall be made to the best responsible proposer meeting the specifications set forth herein which serve the best interest of the City based on the following criteria: 1. The lowest total quote on the rate schedule form. The City shall use multiples based on past experience for all categories of rates. 2. Ability of the proposer to provide the required services as regards to extent and condition of equipment and facilities, record keeping procedures, competency of staff, financial support, and exceptions taken to contract terms, conditions and specifications. 3. Experience, qualifications, training and past performance of the proposing tow company owners and officers, and persons who will be directly involved in managing the service on a daily basis. 4. Substantiated complaints received by the City concerning misconduct on the part of the Contractor such as excessive charges, poor business practices, damage to vehicles, etc. Evaluation of proposals will be conducted by a committee comprised of City staff, who will evaluate all responsive proposals received from proposers who meet or exceed the contract specifications based upon the information and 2 RevXsed 10/X4/9~ references conta2ned in ~lle bid proposals as submitted and an inspection of the pro~aosers facll~ties, equipment, record The committee, will make its recommendations to the C~t¥ Manager sn the form of a ranked list of all proposers. The City Manager shall in turn make his recommendation to the City Commission. The City-~e~erves the right~ based upon its deliberations and in its opinion, to selec,t the winning proposal. 4 COMPETENCY OF BIDDERS A. ~ Bids will be considered only from firms engaged full time in the towing business who can produce evidence that they have an established satisfactory record of performance for a period of time not less than 2 years. Have satisfactory financial support, required equipment and~ organization sufficient to ensure that they can satisfactorily execute the services, if awarded a contract, under the terms and conditions stated herein. Attended the pre-proposal conference. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company as determined during selection process by the City of Boynton Beach. Revised 10/14/91 E. Bidder. agrees that It w111, at selected, fulfill and ~omply regulations and requirements of county of Palm Beach, State of of America, and any and all ]urisdiction over providing contemplated herein. The proposer shall submit the following proposal: its sole cost and expense, if with all laws, ordinances, the Clty of Boynton Beach, Florlda, in the United States governmental agencies havlng services of the nature information with the 1. The number of towing/recovery vehicle operators that are employed and whether on a full-time or part-time basis. 2. The amount of training the owner(s) and towing/recovery vehicle operators have received during the past two (2) years. 3. List of present contracts held and contracts previously held during the past two (2) years. List identifying the firm/organization, contact person, address, phone number, length of time contract held and total dollar amount of the contract. 4. Provide a list of equipment and compounds. Any equipment o submitted in the bld proposal to be considered should be operational/road ready at the time of bid proposal submittal and should remain operational/road ready during the selection process for the awarding of this contract. All necessary County, City and other licenses and permits as may be required to operate the type of requisite business. 4 Revised Names and addresses of all persons having~ a financial interest in the business, such ~s but not limited to, individual owners, partners~ ~limited partner%, officers, stockholders indebted to the towinq company in $2.~00 at the time of the Bid submission. directors, excess of requested information will be cause Fallure to submit above for re]ection of bid proposal. ~; SPECIFICATIONS'~ 1, The contractor shall maintain and have available at all times fo~ inspection by authorized city personnel, detailed records of all services rendered relative to subject contract. The contractor shall furnish towing service for the removal of vehicles within the City of Boynton Beach and will have adequate storage space for said vehicle within the City when required and whenever such services as dispatched or requ~red~-- by the City's Police Department, or other City authorized representative in the case of city-owned or leased vehicles. dispatched by either representative of the City. on a 24 hour basis. In the event that reserves the right City is required contractor will company's charges such services shall the Police Department of other authorized be available such services are unavailable the Clty to call another wrecker company. If the to call another wrecker company, the be required to pay the substitute tow in full. Revlsed 10/li/91 4. ?he contractor, at an accident scene, shall remove from the street all broken glass and other debris in the area of the accident. 5. The City shall have the right Quantity: 1 A. Large wrecker, wheel lift, or sling or cradle, or tow, and safety chains 10 ton capacity, with 15,000 lbs., GVW minimum. B. Boom capacity of minimum 8 tons, twin booms or single hydraulic to cancel a request for contractors service until the time that a wrecker is hooked onto a vehicle. 6. WRECKERS SPECIFICATIONS 1. Class A Towing/Recovery vehicle specifications Quantity: 3 A. small wreckers, of minimum of 4 ton capacity, with GVW rating of 10,000 lbs. minimum, cradle, or tow plat, or sling, and safety chains B. Boom capacity of minimum 4 tons C. Power winch pulling capacity minimum 4 tons D. Cable of 100 ft. minimum and 3/8 inch thick with end hook E. 1 Flatbed truck roll back or slide back, minlmum capaclty 4 tons, with GVW of 10,000 lbs. minimum, minimum 4 ton winch capacity, at least (16) sixteen foot bed, a minimum of 50 feet of 3/8 inch cable 2. Class B Towing/Recovery vehicle specifications Revised 10/14/91 C. D. E. 4. Co Power wlgch pu111n9 capacity minimum 8 tons Cable of 100 ft minimum and 1/2 inch thick with end hook Class C ~owlng/Recovery vehicle sl~ecifications Quantity: Large wrecker, of minimum 25 ton capacity, with GVW rating of 25,000 lbs, minimum, cradle or tow plat or sling, and safety chains, or wheel lift capability. Boom capacity, extendable,, 15 tons or more Power twin winch, pulling capacity 25 tons minimum Cable of 200 ft minimum and 5/8 inch thick Air brakes with auxiliary air supply Towing company must have ability to tow aerial fire truck that is approximately 64,000 lbs. GVW and any sanitation truck. One (1) set of heavy duty truck dollies Motorcycle Trailer or its equivalent Tow trucks are to be outfitted with the following supplies and equipment Tow trucks shall marker lights and Statutes There shall be a be properly equipped with clearance and all other equipment as required by Florida rotor beam or strobe type light, amber in color, mounted on the wrecker in such 'a manner that it can be seen from the front, rear and both sides. One (1) heavy duty push broom Flood light on the hoist One (1) flat nose shovel Revlsed 10/1~/91 J. K. L. M. N. 8. o one (1) axe One (1) crow bar Minimum of one inspection tag, One (1) pair of One (1) set of (1) 5 lb. CO2 fire extinguisher wlth Must be an approved type. bolt cutters jumper cables One (1) four way lug wrench One (1) high intensity flash light One (1) set of red highway reflectors a current Five thirty minute flares Contractor must have the three (3) required Class A wreckers at the time of award of this contract. The contractor will be required to have available at all tim@s sufficient equipment to perform all services required on a timely and responsible basls. REOUIRED STANDARDS Contractor shall comply with all laws, rules and regulations of any governmental agency having jurisdiction over the compound including but not limited to, licensing and minimum safety requirements. The Company shall be a holder of a general towing and wrecker service license and that such company or business shall have been conducted actively for a minimum on one year within Palm Beach County. 8 aevised I0/14/91 a The wreckers shal~ contain a ~e~ephone or ~adio communications system to enable continuous direct contact, be~weea the driver and the o£f~ce of the w~ecke~company. The wreckers Shall be motor, vehicles specifically designed, constructed, and equipped for the towing of vehicles and shall, at all times, be properly maintained and kept in a mechanically safe condition. Each wrecker shall be manned by a driver who must meet the following qualifications: Possesses a valid State of Florida required license· Shall have the physical qualifications necessary to perform the normal tasks required of a tow truck driver. The company will ensure that each driver operates each wrecker in a safe and proper manner in accordance with operating manuals and Florida state statutes. Upon receipt of a-- complaint from the the Police Department on driver's unsafe or improper operation, documented corrective actions will be required by the Company· COMMERCIALLY MANUFACTURED EOUIPMENT Each tow truck and all equipment owned by the contractor shall be commercially manufactured according to industry standards and shall conform to the requirements set forth herein, or approved by the City of Boynton Beach or designee before being accepted. Each tow truck and all equipment must be in good condition at all times. 9 mechanical Revised lO/It~-'91 o ~ach tow *truck and all equipment will be subject to Inspection at all times durlng the term of any contract awarded. No vehicle of the contract shall be used as a emergency vehlcle (example: flashing lights only when necessary). 9. MARKINGS The contractor agrees to have no markings on vehicles, buildings or correspondence that indicates or tends to indicate any official relationship between the contractor and the City of Boynton Beach. 10. SITE CLEAN-UP The Contractor will, at no cost to the c~ty, public, or the owner of the vehicle or trailer, promptly clean all debris off the public street, sidewalks, parks, and property of the city and remove the same to a proper place from the scene of any such accident for disposal if the said accident scene is to be, is being, or has been serviced by the contractor~ or the agents, or employees of the contractor. However, the owner of the vehicle or trailer may be charged according to rate schedules included in this contract for clean-up of hazardous wastes, chemicals, and construction debris. _1. - .OY ~S The contractor agrees to provide the following information to the Boynton Beach Police Department on all officers, employees, agents, and servants and be responsible for keeping the information accurate and current. Name, address, date of birth, drivers license n-mher, social security number, and photograph. The contractor agrees that the owners of the company or the officers of the company, if a 10 10/14/91 corporation,.shall be responsible, eXcePt as o~her~,~Seprohibited by law, for the acts of their empLoyeeswhile on duty. 1. The tow company awarded this contract will be subject to a three (3) month probationary period. During this time the contractor's performance will be closely scrutinized by city staff. SE the contractor's perfo=mance fails t0~meet the -standards specified with the bid~ the City may~by written notice setting £orth the Contractor's failure, cancel this contract. If performance is acceptable, then the contracto~ will be so notified. 2. If the City cancels the contract within the three (3) month probation period, the contract may be awarded to the second highest bidder as ranked in the selection process. 13. TWO OR MORE PROPOSALS RECEIVED FROM ONE PROPOSER UNDER .-F- ~ ~.-- ~ .... If more than one proposal is submitted by any one proposer, by or in the name of his or their clerk, partner, or other persons, and it is determined that such bidders are under single, identical, or substantially the same ownership, all such proposals will be regected or if not revealed until during the cntract term, such action shall constitute grounds for cancellation of the contract. 14. FORMAL REPRIMAND The City Manager or his designee may issue a formal Contractor for any act of discretion, is deemed to written reprimand shall reprimand to the omission or commission which, in its sole be a violation of this agreement. A be grounds for termination of this 11 Revised 10/li/91 agreement. 15. RESPONSE TIME The contractor is to respOnd at the request Police Department or other city official service at any time of the day or night of the Boynton Beach requestin~ tow truck with the appropriate equipment and arrive at the scene within 25 minutes of notification by the City dispatcher. In the event of an over 25 minute response by the contractor, the requesting City department will document the over 25 minute response and forward to the contract administrator written notification of the over 25 minute response. 16. CANCELLATION 1. In the event that any of the provisions of the contract are violated by the successful bidder, the City of Boynton Beach may serve written notice upon such bidder of the termination of the contract. However, the liability of such bidder and his surety for any and all such violation(s) shall not be affected by any such termination. 2. RePutabilitY Lack of reputability shall be cause for cancellation of this contract and shall include, but not be limited to: 1. Misstatements concerning the convidtion of any officer, employee or agent conviqted of any felony when the person's civil rights have not been restored. 2. Retaining an officer, employee or a~ent convicted of any felony or first degree misdemeanor directly related to 12 Revised 10/14/91 th9 business of operation of a wrezker, when the persons civil rights have no~ been restored. For the purpose of th~s contract, any offense involving per~ry 0f false statement or theft shall be considered to be directly related to the business of operation of a wrecker. Retaining any officer, employee or agent convicted of the offense of driving under the inftu~n¢.e of alcohol or any controlled substance o~ chemical substance to the extent that normal faculties are impaired or driving with an un- lawful blood alcohol level., or of any criminal traffic offense. ~7, SUBCONTRACTING If the contractor does not own the required Class B and/or C wrecker, contractor may secure same from a subcontractor. If the contractor does not own the required inside and/or outside storage~ ~ space, contractor may secure same from a subcontractor. In the any assignments to subcontractors, the to the subcontractors acceptance of the forth in this bid specification. The his/her proposal under these proposal any such assignment. Any documents by the contractor under this proposal event the contractor makes assignment shall be subject terms and conditions set contractor shall provide in specifications a copy of required to be submitted specification shall be submitted on the subcontractor. If there ~s an assignment and the subcontractor fails to perform in accordance with the proposal specifications the contractor shall perform as 13 Revised 10/14/91 provided heneln, create any equal ~, BENEFITS FROM REPAIRS 1. In the event the tow company awarded automobile repair and/or automobile paint provided however, nothing herein is intended relationship between the City and subcontractor. this contract operates an and body repair business the contractor shall provide written notification to a vehicle owner or representative of a vehicle owner of a vehicle towed under the provisions of this contract that there is no obligation to have any automobile repairs and/or automobile paint and body work done by the to contractor. 2. Contractor shall notify the city in writing in a form acceptable to the Clty, of any and all repairs done on vehicles by the contractor towed under the provisions of this contract. The written no obligation of repairs by contractor notification shall be~- included. - 19. INSURANCE REOUIREMENTS 1. The company's policy will have the City of Boynton Beach as an additional insured as to liability. 2. The company shall have in effect at all times insurance with limits as specifically set forth in Attachment "A". A copy of such insurance policy or certificate thereof will be furnished to the city (Purchasing Department) by the contractor immediately after the approval of any resulting contract by the City Commission. 3. The company shall supply the city with a certificate of Insurance for the coverages and limits as shown on Attachment-=- Revised 10/~4/91 ~A~ In.addition, a thirty (30) day cancellation clause in ~ favor of the City shall he included in the policy and certificate~ Note: A copy of current insurance certificate must be attached to bid submitted. 20. CONTRACTOR'S LIABILITY 1. ~ The-,contractor sha'll ben,liable for &ny to~ed vehicle,~and~ property contained therein. The contractor, or his employee, representative, or agent shall inventory all personal property contained in the vehicle to be towed. 2. such inventory shall be made in triplicate and shall be signed by the persons composing it; One copy shall be glven ~o the owner or the person in possession of the vehicle, or securely attached to the vehicle, and one copy shall be given to the Police Department of the City. 21. NON-LIABILITY OF CITY FOR TOWED ~L~J~LI~J~u~ The city shall not be responsible or liable in any manner whatso- ever for either the collection or payment of any charges for service rendered, including towing and storage. Contractor and hold harmless the City from any such liability. shall indemnify a storage facility for all impounded outside enclosed area and an inside facilities shall be located within the city 22. STORAGE FACILITIES The contractor shall maintain vehicles. There shall be an storage area. Both within limits. Facilities and office space must be fully operational 90 days of the date the contract is awarded. Contractor's~ 15 Revised 10/14/91 storaqe fac~litles and office written consent from the City.. 1. office Facilities It shall be the duty of the contractor to maintain office facilities: A. TO include telephone and restroom facilities and work space space cannot be relocated wlthout such as desk, phone, etc. B. Physical plant to have name and mailing address clearly painted or a sign on the front of the building. c. Must be accessible 24 hours per day, 7 days a week. D. There must be 24 hour radio communication which is manned days per week. Answer phone services are not permitted. Outside StoraGe A. To be kept and maintained to include: the removal of 3unk tires and auto parts, the trimming of all shrub- bery, trees and lawns (fence line and grounds), adequate drainage to prevent standing water after rainstorms. B. 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 fence or wall, including all gates or doors or roofed open areas shall be equipped with not less than 12" of barbed wire installation in such. a manner as to discourage access over the top of such fence or wall. All fences and walls shall be main- tained in good repair throughout the term of any contact awarded. Damage to such walls or fences shall be l~v~sed 10/I4/91 repaired Within 24 hours. Area must have minimum fifty-four [54) vehicle storage capacity. This storage area will be _pFedominately for accident tows. designated "HOLD", confiscated, and evidence vehicles. A secondary storage area which may be located within a ten (10) mile radius of the City may be utilized for code Enforcement relate~ toW~. 3. Inside Storage A. Paved floor, i.e., concrete or asphalt, standing water and vegetation. B. Working area of 9' x 20' per vehicle with at ceiling. C.Electrical lighting source ing of vehicle. D.One outside window or ventilation system. E. Contain a minimum of three (3) inside storage 4. Crime Scene, Confiscated, Special "HOLD" storage free of dirt least an 8' sufficient to permit process- spaces. Any vehicle towed and stored as a result of the marked "HOLD" relative to a crime scene investigation shall be handled with gloves, the wrecker operator. Crime Scene vehicles 1.e. cloth, rubber or leather, by shall be stored to prevent physical contamination or degrad.able evidence from deteriorating. Contractor may use tarpaulin type cover or its equivalent with written consent from the Police Department. If laboratory work on a crime scene vehicle is required, 17 Revised 10/14/91 and the vehicle must be processed at the City of Boynton Beach Police Headquar.ters, the crime scene vehicle shall be transported at no charge to the city. D. 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 vehicleand any investigation involved. E. Confiscated vehicles or vehicles involved in litigation shall be protected from storage, as to maintain the when towed. Police Department personnel the elements, preferable inside conditions of the vehicle of the City shall be permlt- type of litigation shall be stored City for any period of time. 25. ACCESSIBILITY OF STORAGE FACILITIES ted access to all such vehicles at all times. G. Any vehicle stored as a confiscated vehicle, crime scene vehicle, special "Hold" in any to the vehicle or vehicle involved at no charge Ail storage areas shall be accessible 24 hours per day, seven days a week, and authorized personnel of contractor shall be available during such time to assure that the obligations and services reqllired of contractor shall be available and fulfilled. All facilities will be subject to City approval. 24. PROTECTION OF VEHICLES AND PROPERTY 1. Vehicles stored in enclosed areas shall be stored under lock Revlsed 10/1~/91 agency representing the City of Boynton Be~zh or County as per Florida Statutes. ~NSPECTION"OF FACILITIES 1. 26. 1. and key.' The contractor shall protmct all stored vehicles and any evidence or personal property~con=ained~the=einfrom theft and damage in accordance with all reasonable police depart- ment instructions and directives. The contractor agrees to replace any such article(s) upon verificatlon,,,~f~the loss by~hehdes~i~gn&ted investigative Palm Beach Storage facilities shall be subject to inspection and shall be approved by the city prior to award of any contract. Storage facilities shall be subject to periodic inspections during the term of the contract when deemed necessary by the City Manager's office or Police Department of the City. Notice of any discrepancies or deficiencies found by the city shall be submitted to the contractor in writing, and contractor shall remedy the same within ten 10) days of receipt of such notlce. Upon failure of the contractor to remedy deficiencies, the contractor may be terminated at the option of the City. RELEASE OF VEHICLES AND PERSONAL PROPERTY contractor agrees to release any vehicle which has not been marked "HOLD". Ail person who shall apply for the release of a vehicle from contractor shall present proper proof of ownership or right 19 Revised 10/14/91 27. 1. to possession. Vehicles' towed after normal business hours will be released to their owners the next day provided all documentation has been properly filed. With the release of any personal property by the contractor, the owner or person entltled to possession thereof, shall receipt contractor for same. Any vehicle which has been marked "HOLD" by the Police Department cannot be released without prior written authority from the Pollce Department. Any vehicle declared junk, abandoned or nuisance will be released by the City Police Department. ITEMIZED STATEMENT With the release of an impounded vehicle, the contractor shall provide to the owner or person lawfully entitled to possession itemized statement of all charges related to the Impounding of such vehicle. pERSONAL PROPERTY LOSS: The City shall not be responsible for any loss or damage to vehicles or any personal property in the vehicle towed and for all vehicle accessories, regardless of the cause of such damage or loss and contractor shall hold the City harmless in this regard. Personal property situated in vehicles stored by the contractor shall not be disposed to defray any charges for storage or towing of the vehicles. 20 Revised 10/14/91 The Contractor will be held accountable for all personal property and vehicle accessories inventoried at time of tow vehicle stored within ~h~ stgrage facilities of the Contractor as well as when disposing of junk, abandoned or nuisance vehicles and shall m&ke restitution to the owner for all losses for such properties occurring by theft, fire, or other damage. 29. DESTINATION OF~TOWED VEHICLE 1. Contractor shall not move any vehicle to any location other than that designated by a Clty police officer or other authorized City representative, or owner or person in possession of vehicle. 2. Ail City owned or leased vehicles located within Palm Beach County will be towed-as requested to City property. 30. R~DIO COMMUNICATION 1. Ail towing vehicles should he equipped with two way radios installed in the vehicle. Cellular phones are permitted and must insure clear and reliable two-way communications. A citizens band radio does not meet this requirement. 2. The range shall extend to at least the Boynton Beach City limits. 3. Such radios shall not be tuned to any police frequency. 4. The base station for the above equipment should be strong enough to provide coverage city wide. 5. Federal Communication commission guidelines will prevail. 21 Revised 10/14/91 6. The cQntractor is required, at all times to have the communication system manned by competent employees. 91. TELEPHONE COMMUNICATION The contractor shall provide a 24 hour telephone number answered by an individual employed by the contractor utilized for emergency calls for service so the contractor can receive instructions and to provide timely and efficient service 24 hours per day. 1. Contractor shall provide to the Police Department of the City weekly reports of vehicles towed at the request of the Police Department written reports to contain the following information: a. Name of owner or driver b. Make of vehicle and type c. License d. Vehicle identification number e. Time, date, and location of tow f. Circumstances of tow g. Indicate if a "HOLD" was placed on vehicle by the Police Department h. Time dispatched to a scene and time of Along with the last weekly report of 'each arrival. month, contractor shall supply the Police department a complete a~d detailed listing of all vehicles which have been impounded or stored for periods of thirty (30) days or longer. And any other available information which the Police Department may require.~'- 22 Revised 10/14/91 o Any vehicle that of such vehicle Department, ServiCes related to logged and forwarded by Public works Director. All City-owned or leased equipment is not clalmed within shell be reported in City-owned: or the 30 days of the towlnq__ writing to the Police leased vehicies shall, be contractor, monthly to the City w~.~h ~egar~ to shall identify~ the vehicle towed, the location dates applicable to City-owned or leased vehicles. The "Service Ticket" shall include authorized City employee who approved vehicle. from which it was towed and the hours and contractor's services with regard to such the signature of the the towing of the City The contractor shall maintain at its place of buslness records~' which will contain: a. A vehicle storage receipt of each vehicle premises. b. A log of all calls for service by the Police on a monthly basis. c. A notification log indicating date, time notification to the registered owner of on its Department and method of a stored vehicle. A continuing log kept daily on all vehlcles towed. 23 Revlsed 10/1~/91 INSPECTIONS 1. The contractor shall o 34. 35. t. maintain and have available at all times for Inspection by authorized Cit¥ personnel detailed records of all services rendered relative to subject contract. The contractor shall also make available for inspection by authorized city personnel the compounds and storage facilities. Records maintained by the company relative to services provided under this contract will be separate from any other and audit all financial contract for a of this contract;-- findings have not years, the records records maintained in order to facilitate inspection by authorized City personnel. RETENTION OF RECORDS AND RIGHT TO ACCESS CLAU$~ Contractor shall preserve and make available records supporting documents pertinent to this period of three (3) years after termination or if an audit has been initiated and audit been resolved at the end of these three (3) shall be retained until CODE ENFORCEMENT CASES When properly notified, resolution of audit findings. vehicles will be towed from public property including right-of-ways and the contractor will have the option to destroy the vehicle or keep it for sale, pursuant to procedure in Florida Statute, 713.78 and 715.05. When properly notified, vehicles will be towed from private property with the requirement that the vehicle be stored for up to 35 days and then the contractor has the option to 24 Revised 10/14/91 destroy or sell the vehicle, pursuant to procedure in Florida Statute 713.78. NON~EXCLUSTVEN~SS OF-~SERVI,CES The owner or person in possession of any vehicle which has been involved in an accident or whose vehicle has been incapacitated in any other manner shall be given the opportunity of contacting a wrecker or tow. truck~company of his/her-ow~ choice-~f the disabled vehicle does-not create a hazardous expected· of having than that of The City of for moving, condition and a reasonable response time can be Said person shall further be given the opportunity such vehicle towed to a garage or compound other the contract. for damage, Boynton Beach will not be liable for any charges towing, storage, etc., nor liable for any charges loss or moving of any vehicle and Contractor shall-- hold City harmless from any such claim. 77, INDEMNIFICATION AND HOLD HARMLESS Contractor shall defend, indemnify and save the City of Boynton Beach harmless from and against any and all claims, suits, actions, damages or causes of action whatsoever arising during the term of any contract awarded, caused by any act or omission of contractor, relating to bodily injury, loss of life or damage to property, sustained as a result of the performance Of contractor's duties, and from all costs, attorney's fees, expenses and liabilities causes of action, investigations thereof, or defenses of the same, or any proceedings brought thereon; and from and against any orders, 25 Revised 10/14/91 judgements or 'decrees which may be entered therein. Contractor~_ shall further specifically defend the City of Boynton Beach in any action brought against city as a result of the. items set forth in this paragraph, or at the City's option, to reimburse City for City's expenditure to provide its own defense. 38. NON-DISCRIMINATION: Contractor agrees that in the performance of any contract awarded not to discriminate or permit discrimination in the hiring practices of contractor or in the performance of the contractor on the basis of race, sex, religion, political affiliation or national origin. 39. COMPLAINTS AGAINST CONTRACTOR Contractor agrees that any complaints received by the City concerning the performance of contractor's duties under any contract awarded will be referred to the City Manager of the City of Boynton Beach. - 40. POSTING AND PROVIDING OF CNARGES 1. Contractor shall prominently post in contractor's storage facilities and towing vehicles a list of contractor's charges approved by the City Commission and as submitted in contractor's bid. A list of such charges shall be posted in each of the contractor's tow vehicles as to be easily noticed, 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 towed. Contractor shall not charge for any service that exceeds such posted or listed amount, nor shall contractor perform any 26 Revised 10/14/91 o service schedule lawfully in.possession written estimate of the amount~ that will be finally due and payable upon the rendition of the services. RATE SCHEDULE A~comple~e~rate Schedule to be comprehensive and all ~ncluS%~e containing rate charges for all types of towing, vehicle storage, and any conceivable extras. Rates submitted will be firm for any resulting contract. In that the term of this contract is two (2) years, there will be no rate adjustments. Additional charges for trucks and other shall be assessed only in accordance rates on file with and approved by the ~. COMPLIANCE WITH LAWS AND ORDINANCES Contractor shall comply with all laws and ordinances of the City of Boynton Beach now in existence or hereafter adopted, so long as the same do not impair the rights and privileges of contractor in and to any contract signed by the contractor and the City of Boynton Beach as the result of the acceptance of contractor's bid. ~$, ~ON-ASSIGNABILITY Any contract award shall be non-assignable; non-salable and non-transferable. ~%. PERFORMANCE BOND that is not delineated on any such posted or listed__ without giving Che owner of the vehicle or the person, 27 unusual equipment with the schedule of City Commission. Revised 10/14/91 any contract awarded. the City within ten contract. Said bond must be recognized standing authorized Contractor shall furnish the City of Boynton Beach a performance bond in the amount of $10,000-payable to the City, to insure the faithful performance by contractor of the terms and provisions of Said performance bond shall be delivered to (10) days following in the award of any executed by a surety company of to do business in the State of Florida and having a resident agent in Palm Beach County. Said surety company shall hold a current certificate of authority as an acceptable surety on federal bonds, in accordance with United States Treasury Department Circular 570 as currently revised. 45. DISPOSAL OF VEHICLES Should contractor, as a result of this agreement, have possession any designated "HOLD", confiscated, or crime in his scene for a vehicle and/or personal property with similar designation period in excess of ninety (90) days, and should contractor be ordered to relinquish such vehicle and/or personal property to the City of Boynton Beach Police Department, contractor agrees ~o immediately do so at no charge to the City. 46. RELATIONSHIP OF PART~S The parties intend that an independent CONTRACTOR-employer relationship will be created by this Contract. Owner is interested only In the results to be achieved, and the conduct and control of the work lies solely with CONTRACTOR. CONTRACTOR is not to be considered an agent or employee of CITY for any purpose and the 28 Revised 10/1~/91 CONTRACTOR and the employee of the CONTRACTOR are not entitled any of the benefits that CITY provides for CITY'S employees. 47.~ .COMPLIANCE WITH LAWS This Agreement shall be governed by all federal, United States, Florida. and local laws, regulations, ordinances, or other standards as amended from time to time and as set by any other regulatory agency,~ including, but not ~limlted to, any and all municipal regulations or any other regulations ~hich ma~ govern~the CITY as a municipality of the State of Florida. 48. NOTICES BETWEEN PARTIES All notices between the parties hereto shall be in writing and sent certified mail, return receipt As to the CITY: with copy to: requested with copies as follows: CITY OF BOYNTON BEACH 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 James A. cherof, Esq. Josias & Goren, P.A. 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, FL 33308 to As to CONTRACTOR: 49. VENUE/SEVERABILITY Venue shall be in, Palm Beach county, Florida, with respect to any and all actions which may be brought now or hereafter in connection with this Agreement. In the event that any portion, provision, term, or condition of this Agreement shall be found to be 29 Revised 10/14/91 unconstitutional or illegal in any way, it shall be deemed severed_~_ and the remainder of the Agreement shall remain in full force and effect. 50. AGREEMENTS OUTSIDE OF CONTRACT This Agreement contains the complete agreement concernlng the CONTRACTOR arrangement between the parties and shall as of the effective date of this Agreement supersede all other agreements between the parties. The parties stipulate that neither of them has made any representation with respect to the subject matter of this Agreement or its execution and duly accept such representations as are specifically set forth in this Agreement. Each of the parties to this Agreement acknowledge that it has relied on its own judgemen~ in entering into this Agreement. 51. MODIFICATION OF THIS AGREEMENT No waiver or modification of this Agreement or any covenant,- - condition, or limitation, contained in this Agreement shall be valid unless in writing and duly executed by the party to be charged. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this Agreement or the r!ghts and obligations of the parties unless such waiver or modification is in writing and duly executed. 52. The parties hereto do acknowledge and agree that time is of the essence relative to the performance of any term, condition, or covenant herein. 30 Revised 10/14/91 ~. In the event any litigation or other action shal, l~arise from__ this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and all costs and expenses, including attorney's fees r, elattve to the disposition Agreement. 5~.~-,~~ ATTACHMENTS Bidder will attach to his bid the required in these specifications: A. List of Equipment - See'Page and all costs~and expenses for any cour% proceeding of any issues arising under this following an other information 4-9; Competency of Bldders See Page 2; Insurance Certificate - See Page 12-15. 31 Revised 10/14/91 iNSTRUCTIONS: Bidder must complete the followlng by filling in his proposal rates and such races 5o remain firm for any resulting contract period approved. All services on the race schedul~ forms musu show a price ~uote. A "NO CHARGE" zs unacceptable. Any rases that the contractor charges that do not appear on the rate schedule forms are 5o be ilsted mn detail on a separate sheet and attached to this section. TOW RATE SCHEDULE FORM CITY OF BOYNTON BEACH SERVICE CONTRACT BID= 006-13a-92/VSMG SECTION I. TOWING Estimated Unit Extended ~ Cost CoSt A. Class A (cars, vans, light trucks 3/4 ~on and under) within City 1470 x B. Motorcycles within City 8 x C. Towing outside C~ty limits over 5 miles for cars, vans, motorcycles, light truck 3/4 ~on and under .., 20 x D. Trucks over 3/4 ton or 25,000 GVW within City 10 x E. Tractor and Trailer within City limits 2 x F. Towing outside City limits over 5 miles for trucks over 3/4 ton or 25,000 G%54 2 x G. Extra time aE scene after first hour. per hour thereafuer. (Applied to all vehicles; cars, vans, trucks under and over 3/4 ton, for waiting an extra street cleanup. Not to be charged ~n con]unction with vehicle recovery - Section III~ 8 x $ 20.O0/tOW $_20.O~tow $ ~.oo/mile $50.O0/tow = $ 2S.OO ~ /mile $ lO-O~hour = $ 80.00 SUBTOTAL SECTION I ........ $ 29,9f~.22 ~. Revlsed 10/14/91 SECTION II A. Cars - STORAGE AND LIEN NOTICE vans, trucks under 3/4 ton Outside Storage Inside Storage Trucks over 3/4 non Outside Motorcycles Outside Inside ~oat/trailer 21' In length and under 3~tsi~e Boat/Trailer over 21' in length Lien Notice After 2 Days'vehicle 1470 x 3x 2x 8x lx $ 5,00 /Day = $7350.00 $4 5-0DDay = $ 15.00 $ 5.QQ /Day = $ t~.fl~ $ 5.30 /Day = S AG.00 $ $,00 /Day = s 5.~n 9O0 x SUBTOTAL t x ~ D.O- /Day = % x $ 5.00 /Ea¥ = $ 15.007Day = - SECTION $ 5.00 $ 5.00 II ........ SECTION III RECOVERY TO be applied when vehicle is overturned stuck in sand, mud, or ~n the water, requiring more than a s~ngle hook-up) Class A, B Wrecker/ per hour on scene 5 x (Not ~o be charged in conjunction with extra time - Section I) Extra man {each) 5 x $25.00/hr. = 3125-80 $ !0.00/hr. = $ 53.30 SUBTOTAL - SECTION III ....... $ i75.00 SECTION IV ROAD SERVICE Per call for service such as assisted start, unlock door, deilver gas, change tire, etc. Applies to all vehicles; cars, vans, trucks under and over 3/4 ton. $ x $ 15.0o/ca~l SUBTOTAL SECTION IV ........ $ 120.00 ~'~ GRAND TOTAL BID PRICE SECTIONS I, II, III AND IV: $ 51,189' ~ ~Plea~e .see a~acnment for additional cnar~es. Estimated annual quantztzes ~re Doing used to assist in ~etermzning - a single successful bidder. Actual quanti5ies may be considered larger Dr smaller, depending on towing needs during the contract__ period. 33 471-1860 6907 SOUTHERN BOULEVARD WEST PALM BEACH. FL 33406 ATTACHMENT TO RATE SCHEDULE CLASS C: Dro~ driveline/Pxie .......... Per A~le .............. ~.~ i3.50 Ai~~ Uo Truck Svste~ ........... c,e~ Call ............... $ !0~00 Air Bags ................ Set Up and First Hour ........ $600.00 Ai~ Bags ............ Per Hour After First Hour ........ $400~00 Other Charges= 4x4/Off-~Road Recovery...Per Hour ..................... $I~5.00 Tarp Fee ................ Per Ca~t ..................... $ 50=00 Diver Fee ............... First Hour ................... $150.00 Diver Fee ............... Each Add~l i5 minutes ........ Lowboy Service .......... Per Hour. .................... s 75~00~ * ~ hour ~ini~um. Revlsed 10/14/91 SPECIAL AND~ADDITIONAL CHAR~ES ' The cost for waiting ~m~ shall not be assessed by the contractor until sixt~ ~(60) minutes after arrival at the scene. 2. When Extra Time Churches Prohibited: The extra time dhar~e'sh~il not be assessed by the contractor under any circumstances that apply to the clean up and removal of vehicle parts/debris. 3. Se:v c Call: The contractor agrees that the mere response to a service call scene without other action does not constitute a service for which charges are applicable. for waiting extr special officials contractor and/or the vehicle owner or further agre, [ make the on the tow receipt ~he the ~6rk performed for contractor agrees ~hat .arges may be disputed by City representative. The or his on the assessment tractor e decis Cit the designee. ALL CITY OWNED OR LEASED VEHICLES TOWED UNDER CLASS "A" wREC~ER WITHIN PALM BEACH COUNTY WILL BE TOWED AT "NO CHARC~E". TOWS FOR CITY OWNED OR LEASED VEHICLES UNDER CLASS "B" ~{D "C" WRECKER CAN BE CF~ARGED TO THE CITY UNDER CONTRACT RATES. 34 Hurohy's Towing, Inc. COMPANY NAME Revised 10/14/91 ~-~-{AS~,~ DEPT. 6907 Sou%nern Blvd. ~es% Palm Beach, FL 33413 ADDRESS 407) a71-1860 TELEPHONE NUMBER NAME Harold OFFICERS OF CORPORATION XOR<~X~KXFC~I~i~N~K (Strike ou~ words that are not applicable1 TITLE ADDRESS G. MUrDR~. Jr. Pres. A713 ~u~ting Tr. LaKe worth Leilani _. Brocnaro Sec. a713 Hunting Tr. LaKe wor%r Maureen M. Da~ Treas. '1383 Persimmon Blvd. Royal P.B. To Ail Bidders: The undersigned than the bidder SEALED BID as bidder does declare that no other persons other herein named has any interest in this proposal or zn the contract to be taken and that it zs made without any connection with any other person or persons making proposal for the same article, and ls in all respecus fair and without collusion or fraud. The undersigned further declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of materials called for. The undersigned further declares that he proposes ~o furnish 35 the articles called for within for the following price, ko wit: DATE. ''-'9-91 VEHICLE TOWING SERVICE CONTRACT RENARKS/EXCEPTIONS: the Revised 10/14/91 .... -*~e~.,o DEPT. specified time tn this proposal Murphy's Towing, Inc. FIRM NAM~E ADDRESS: 6907 Sournern Btva. SIGNATURE President TITLE wes: Palm Beach, FL 33413 STATE OF FLORIDA COUNTY OF PALM BEACH I, the undersigned, hereby duly sworn, deposes and says, tha5 no portion of the sum herein bid will be paid 5o any employee of the City of Boynton Beach as a commission, kickback, reward of gift0 directly or lndirectly by me or any member of my firm or by an officer of the corporation. Sworn and subscribed before me Revised 10/14/91 Notary Public My Commzss ion Expires ~'?{ CO~f'~SSiO~'"' ,'-'X?;~ES JUNE 15, 199~ TOWING.GEN Rev. 7/8/91 7/11/91,7/16/91 7/23/91, 7/26/91 10/11/91, 10/14/91 Revised 10/14/91 Original Date: 11/13/89 Revlsed Date: 11-22-91 RE: PROPER PROCEDURE FOR CITY ORDINANCES SECTION 10-52 ..... The following outlines the proper procedure for the enforcement of Section 10-52 of the City of Boynton Beach Code of Ordinances. 1. Notice of violaslon is wrls~en, entered into computer by address and referenced by PCN and the information goes to the Police Department for verification. When the information is verified at notice of violation is mailed to the property owner/tenant and the vehicle owner, including Section 10-52 in 1ss entirety, and a sticker is placed on the vehicle. The sticker and the notice of violatIon shall state that all appeals must be in writing to the city Manager's Office. If no appeal has been requested, the vehicle is reinspected~ in ten days, and if still in violation, the vehicle is placed~=~ MUrOF~'S Toming, Inc. on a tow list for If appeal is requested and the Appeal Board determines that 5he conditions which exist on the property constitute a public nuisance, the owner or owners (7) days to correct or remove the conditions from the date of the hearing, When the vehicle is towed, a certified letter will be mailed (return receipt requested) to the o~rner within 15 days of removal. A certified letter will be mailed to all other persons, lien holders, etc., with record interest ~n said motor vehicle. Vehicles may be reclaimed by the owner from the tow company w~thin 20 days after date of not~ce. 38 5 Revised 10/14/91 If the City if unable to identify the owner, lien holder, or other interested par~le~, the City shall advertise notice by publication. notices will be forwarded to D~ Copies of all certified State of Florida. Murpn,'E To~inc, In~ssumes right no~ificaslon has been made and 20 date of notice by certified adviseMursay's To~in~ of this ~o days has letter. date. vehicle after proper elapsed since the The City will 39 Revised 10/14/91 ATTACHMENT "A" INSURANCE R~OUIREMENTS Consractor, at l~s own expense, shall keeD in times maintain during the term of this agreement: force and a5 all Compreh~nb~ve~General Liability:~ Shall have~m~nimum limits of Seven Hundred Fifty Thousand Dollars ($750,000.00) per occurrence Combined Single Limit for Bodily Injury Liability and Property Damage Liability. Automobile Liability Insurance: Automobile Liability coverage shall be in the minimum amount of Three-Hundred Thousand Dollars ($300,000.00~ per person/per occurrence and property damage coverage of Fifty-Thousand Dollars ($50~000.) per occurrence. Garage Keeper's Liability: The Contractor will at all times during the term of this Agreement keep in full force and effect a policy of "garage keeper's legal liability" insurance in the minimum amount of Fifty-Thousand dollars ($50,000.) protect the owners of any and all vehicles or trailers, towed or stored by the Contractor, pursuant to this Agreement, from loss, or damage to such vehicle or trailer on account of such removal or storage. The Contractor shall provide the City with Certificate(s) of Insurance on all the policies of insurance and renewals thereof in form(s) acceptable to the City. Said policies 40 Revised 10/14 '91 shall provide that the City be an additionally insured and be notified in writing of arky cancellation of said policy or pclicies at least thirty (30) days prior to the effective date of said cancellation. All Insurance policies shall be issued by responsible companies who are acceptable to the City and licensed and authorized =o do business under the laws of the State of Florida. The Contracsor awarded the contract shall show proof of all insurance policies as required above prior to the award of the contrac=. The Contractor shall not commence operations pursuant to the terms of this agreement until certificatlon or proof of Insurance, detailing terms and provisions of coverage, has been received and Boynton Beach. Workers Compensa=ion Insurance: main=aiR, at Contractor's expense, approved by the City of Contractor agrees to state required worker's compensation insurance to fully pro~ect both contrac=or and City from any and all claims for injury or death arising from the performance of this contract. 41 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor and attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presents the written. Signed, sealed and witnessed in the presence of: Attest: Cit~ clerk day and year herein before CITY OF BOYNTON BEACH, FLORIDA A~l'ine Weiner, Mayor C~ A%~to t to Form: Signed, sealed and witnessed MURPHY'S TOWING, INC. S ATE OF FLOa DA ) )SS: COUNTY OF PALM BEACH ) Personally appeared before me duly authorized to administer oaths, ARLINE WEINER, Mayor of the City of Boynton Beach, to me known to be the person described herein and who executed the foregoing instrument and she duly acknowledged before me that she executed the same. -'-N'otary Publlc My Commission Expires: STATE OF FLORIDA COUNTY OF PALM BEACH ) ) Personally appeared, befpre me ~uly authorized to administer oaths, ~~/~~ ' President of Murphy's Towing, Inc., to me known to be the person described herein and who executed the foregoing instrument and he duly acknowledged before me that he executed the same. Notary Public My Commission Expires: