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HomeMy WebLinkAboutCity of Tamarac Resolution R-87-035introduced by: Temp. Reso, #4468 1 2 3 4 7 B 9 10 11 12 13 14 921 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-87--�L5 A RESOLUTION APPROVING AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN EXCLUSIVE TOWING AGREEMENT WITH AMERICAN TOWING, INC.; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the City Council of the City of Tamarac hereby approves the exclusive Towing Agreement with American Towing, Inc., attached hereto and made a part hereof as Exhibit "A". SECTION 2: That the appropriate City Officials are hereby authorized to execute said Agreement. SECTION 3: This Resolution shall become effective immediately upon its passage. PASSED, ADOPTED AND APPROVED this ��day of 1987. ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. A. BffAN l PL�GAT�— C Y AT RN BERN RD HART MAYOR MAYOR: HART DIST. 1: C/W MASSARO _ DIST. 2: V/M STELZER DIST. 3: C/M GOTTESMAN DIST. 4: C/M STEIN 206412187/t , 0 EA THIS AGREEMENT is made by and between TAMARAC, a municipal corporation, hereinafter AMERICAN TOWING, INC., a Florida corporation, "COMPANY". W I T N E S S E T H: 00 T the CITY OF "CITY", and hereinafter WHEREAS, the City Council of the City of Tamarac, Florida finds it in the public interest to ensure that all areas within the City limits, at the request of the City, are adequately provided with high quality and reliable towing services; and WHEREAS, the City Council of the City of Tamarac, Florida, finds it in the public interest to grant an exclu- sive towing contract, to the extent allowed by law, in order to protect the public health, safety and welfare; and WHEREAS, the City of Tamarac, Florida, has advertised for and received competitive bids to provide such service; and WHEREAS, the City is now in a position to grant an exclusive contract. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: SECTION 1: Definitions. For the purpose of this Contract, the following terms and words shall have the meaning given herein. A. "City" shall mean the City of Tamarac, situated in Bxoward County, Florida, its successors and assigns, B. "Company" shall mean American Towing, Inc., its successors and assigns. SECTION 2: Limits of Contract. This exclusive contract covers the corporate limits of the City of Tamarac, Florida. Company agrees that the limits of the contract are subject to expansion or reduction by -1- annexation or contraction of municipal boundaries and that the Company has no vested right in a specific area. SECTION 3: Term of Contract. This exclusive contract shall exist and continue for a period of three (3) years from the date specified in Section Seventeen (17) herein. SECTION 4: Contract Consideration. The Company shall pay to the City the sum of $25,117.17 per year which shall be due on a monthly basis over the three (3) year period of the grant, as set forth in Exhibit "A" attached hereto and made a part hereof. SECTION 5: Transferability. The Company shall not transfer or assign any portion of this contract from City without first obtaining written approval from City. Any such attempt on the part of Company to transfer, or assign any rights under this contract without said approval shall result in default. SECTION 6: Default of This Contract. • Failure by the Company to comply in any substantial respect with any of the provisions, terms, or requirements of this contract, shall result in a Default. Said default shall be effective upon a thirty (30) day written notice to Company from City. The Company shall have the thirty (30) day notice requirement to make restitution or make good the default, The City, at its discretion, may contract additional time to Company for restitution and compliance as the necessities of the case may require. SECTION 7: Termination of Contract by Insolvency or Bankru tc of Company. In the event of a final adjudication of bankruptcy of the Company, the City shall have full power and authority to terminate, revoke, and cancel any and all rights granted under the provisions of this contract. SECTION 8: Hold Harmless. The Company agrees and covenants to indemnify and save harmless the City from any and all claims, suits, actions, IWM • damages, and causes of action which might arise during the term of this contract for any personal injury, loss of life or other actions of the Company, his agents, servants, employees or assigns sustained in the performance of any towing services resulting from this contract, and to defend any action or proceeding brought thereon, and from and against any orders, judgments, execution, levies and decrees as may be entered therein. This Hold Harmless provision is further set forth in Exhibit "A", attached hereto and made a part hereof, and shall survive the termination of this exclusive contract for events occurring before termination hereof. SECTION 9: Severabilit . Should any section or provision of this contract or any portion thereof be declared by a court of competent juris- diction to be invalid, such decision shall not affect the validity of the remainder, as a whole or any part hereof, other than the part declared to be invalid; except that, the City may elect to declare that the entire contract is invalidated if the portion declared invalid is, in the judgment of the City, an essential part of this contract. SECTION 10: Other Contracts. Upon the request of the City, Company shall furnish City a copy of all other municipal and county contracts that it has been granted from time -to -time during the term of this contract. SECTION 11: Exclusivity. This is an exclusive contract and the term "contract" as used herein, shall not in any form or manner be interpreted as granting anything but an exclusive contract for towing services required by the City of Tamarac. crorpTnm 11]. T,.,r.,,ram,.,.-... The Company shall comply with the insurance provisions as set forth in Exhibit "A", attached hereto and made a part hereof, and shall provide proof of insurance within three (3) days of receiving a written request from City at any time during the contract period. -3- SECTION 13: Notice. All notices required herein shall be sent to the fol- lowing address by certified mail, return receipt requested. City: City of Tamarac 5811 N.W. 88th Avenue Tamarac, Florida 33321 Company: American Towing, Inc, 5570 N.W. 10th Terrace Fort Lauderdale, Florida 33309 SECTION 14: Compliance with appilicable Laws and Ordinances. The Company hereby agrees to abide by all rules, regulations and ordinances which the City has enacted or might enact in the future, and further agrees to abide by any established policy which the City or its duly authorized representative has established or will establish provided, however, it is not intended hereby that City shall have the right of unilaterally modifying the terms of this contract other than as herein provided and as is required by the execution of the City's police powers. Company shall comply, as additionally set forth in Exhibit "A" attached hereto and made a part hereof, with all applicable laws of Broward County, the State of Florida and the United States. SECTION 15: Option Period. City shall have the right to grant to Company this exclusive contract for an additional period of time not to exceed the length of time set forth in Section Three (3) herein. At the end of the option period, if granted by City, the contract shall terminate and cannot be renewed without the proposed contract first being submitted for competitive bids by City. SECTION 16: Specifications. The specifications attached hereto and made a part hereof as Exhibit "A", shall be complied with by Company in ZIN all respects and any breach on the part of Company shall be grounds for default. SECTION 17: Effective Date. This contract shall take effect on the day of , 19 . IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. Witnesses: By CITY OF TAMARAC BERNARD HART, MAYOR This day of 19� By JOHN KELLY, CITY MANAGER This day of , 19� ATTEST: CAROL E. BARBUTO CITY CLERK Approved as to form: A. BRYANT APPLEGATE CITY ATTORNEY Witnesses: AMERICAN TOWING, INC. 20621787/t 0 By JOHN MINCIELI, PRESIDENT This day of 19 (SEAL) -5- E SPECIFICATIONS 1. The City agrees to direct and refer to the Contractor orders for removal of wrecked and abandoned vehicles from the streets or other property lying within the City of Tamarac, which, in the discretion of the representatives of the Police Department of the City of Tamarac, need to be removed. This agreement does not include the removal of vehicles which are not blocking or impeding the flow of traffic, and which can be classified as a "derelict" as defined in Chapter 705 of the Florida Statutes. 2. The Contractor agrees to remove vehicles from the streets or other property within the City limits if directed by any authorized representative of the Police Department of the City. 3. The Contractor shall make a charge for tow and/or storage of any vehicle directly to the owner or operator thereof, and not to the City, in accordance with the schedule rates, attached hereto as Exhibit 1, and by reference made a part hereof as if fully set forth herein. Said schedule of rates will be reviewed, and may be adjusted upward annually by City Council so that said rates more accurately reflect increases in the cost of providing this service. 4. The Contractor agrees and covenants to indemnify and save harmless the City from any and all claims, suits, actions, damages, and causes of action which might arise during the term of this agreement, for any personal injury, bodily injury, loss of life, or other actions of the Contractor, his agents, servants, employees or assigns, sustained in the performance of any wrecker services resulting from this agreement, and to defend any action or proceeding brought thereon and from and against any orders, judgements, executions, levies, and decrees as may be entered therein. 5. The Contractor shall maintain at its own expense, during the full term of this agreement, public liability insurance in the minimum amount of $1,000,000 combined single limit for personal injury, bodily injury and property damage. Such insurance shall cover a contractual agreement saving the City harmless from and indemnifying the City against claims arising out of the operation of towing services and storage of vehicles and arising out of the performance of this agreement by the Contractor. The City shall be added as an additional insured and it is understood and agreed the coverage afforded the City thereunder is intended to apFrly as primary coverage and is not affected by any insurance which the City may carry in its name. Copies of all policies or certificates of such insurance coverage shall be delivered to the City prior to the commencement of a contract, and the Contractor shall furnish to the City all official receipts and endorsements showing the payment of insurance premiums at the time such payments are due during the duration of the contract. All such insurance policies shall provide for at least thirty (30) days written notice to the City prior to cancellation. 6. ,The Contractor shall furnish the City, as of the date of agreement, with a cash performance bond in the amount of $500.00, which is to be held by the City in escrow during the term of this agreement, to insure that the Contractor provide prompt response to police requests to tow vehicles and g& provide the services herein agreed to. In the event that the Contractor fails to answer to a call within 30 minutes of being dispatched, to open the compound or to respond to a call for a wrecker with sufficient equipment to remove a wrecked or abandoned vehicle, then it shall forfeit the sum of $100.00 of the cash performance bond to the City. If the Contractor fails to respond a second time in the same creek to a call to open the compound, or to respond to a call for a wrecker, he shall forfeit the sum of $300.00 of said cash performance bond to the City. The Contractor shall replenish such cash bond each time a portion of it is forfeited. At the end of the period of time covered by this agreement, if the City is holding an amount of the Contractor's cash performance bond, said amount will be returned to the Contractor within 30 days after the expiration of this agreement. The Contractor agrees to reimburse the City, within 30 days, for any fees or expenses incurred because of the Contractor's failure to respond to a call within a 30 minute period, or because of the Contractor's inability to respond with sufficient equipment, or equipment of a sufficient capacity to complete the towing assignment. 7. The Contractor will maintain a storage facility of sufficient size and capability to accommodate wrecked and abandoned vehicles to be removed from the City of Tamarac pursuant to, and during the period of, this agreement. 2 A. The Contractor agrees to provide, on a 24 hour basis, 7 days a week, employees and sufficient equipment for immediate response to calls for service from the Tamarac Police Department or its representatives, and in addition, to make available adequate personnel to staff their facility from 7:00 A.M. to 6:00 P.M., Monday through Saturday, and all day Sunday. The Contractor agrees to respond on -call personnel to release vehicles between 6:00 P.M. and 7:00 A.M., Monday through Saturday, and all day Sunday. The Contractor agrees to respond at its compound within 30 minutes or it shall forfeit the sum of $100.00 of the $500.00 cash performance bond set out in Section 6 of this agreement. B. The Contractor shall have available space for property accommodating and protecting all motor vehicles entrusted to his care. All property used for storage of vehicles shall be completely enclosed by at least, a 6 foot high fence topped with barbed wire, or a painted 6 foot high louvered concrete wall topped with barbed wire. The fence or wall must be of adequate size to discourage theft of any vehicle or any property being stored inside. C. The Contractor agrees to furnish inside storage for all vehicles which are of a body type, or of a condition which is such that inclement weather could result in damage thereto. 8. It is understood by and between the parties herein that the City will not be responsible for the collection of payment of any charge for services rendered by reason of the Contractor having been dispatched relative to this agreement. All such services rendered shall be charged to the owner of the towed vehicle or other lawful claimant of possession. 9. Contractor agrees to assume responsibility for any articles of personal property left in the vehicle and listed on the property receipt form. The Contractor agrees to replace any such article upon verification of the loss by the Tamarac Police Department or other law enforcement agency. A. Personal property in the vehicles stored by the Contractor shall not be disposed of to defray any charges for towing or storage of vehicles, without a court order. B. The Contractor agrees to abide by the fee schedule contained in Exhibit 1. 3 C. The Contractor agrees not to undertake any repairs to, or remove any part or parts from, any vehicle towed or stored pursuant to the provisions herein, without first obtaining permission in writing from the owner or person entitled to lawful possession to complete the same. All estimates for repair work will be in writing. The Contractor further agrees that when making any repairs, or rendering any estimates or invoices, that will abide by Chapter 2-19 of the Rules of the Department of Legal Affairs, State of Florida, relating to motor vehicles, sales, repairs, maintenance_ and service, which chapter is incorporated herein by reference, and made a part hereof. The Contractor further agrees that he will post a sign in a prominent position stating if the Contractor has any financial interest or connection with a repair, body or paint shop. Such connection, if any, will also be stated on written estimates for repair. D. Contractor agrees to assume responsibility for theft from or of any vehicle stored in the Contractor's compound pursuant to this agreement. 10. Tow trucks used by the Contractor to tow vehicles from the streets and property within the City as herein provided, will possess the following equipment: A. The name of the establishment must be paint lettered in a professional manner on both sides of the vehicle. B. There shall be a rotor beam type light mounted on top of the wrecker, in such a manner that it can be seen from the front, rear, and both sides. This light shall be amber in color, and shall not be in operation when a wrecker has been dispatched on a tow call. The rotating amber light will be used at the scene of the tow,.and while towing the vehicle back to a compound. No tow vehicle will a equipped with a siren. C. Amber lights shall be installed on the front of the wrecker, with amber reflectors on the front sides. D. Red lights and red reflectors shall be installed on the rear and rear sides. E. Dollies. F. At least one heavy duty push broom and shovel. G. Flood lights and hoist H. One axe I. One crowbar or prybar J. Minimum of one 4 lb. Cot fire extinguisher oe equal K. One set of jumper cables 4 L. One four-way lug wrench M. One flashlight N. One set of red reflectors 0. One set of three portable reflectors P. Five 30-minute fuses Q. Two red flags at least 1' X 1' R. One pair of bolt cutters I. Wreckers will be classified in the following classes: a. CLASS A for cars and light trucks, will have the following equipment: (1) Tow truck shall have minimum manufacturer capacity of 10,000 pounds GVW. (2) Boom capacity of not less than 4 tons. (3) Power winch with a pulling capacity of not less than four tons. (4) Minimum of 100 feet of 3/8 inch cable. (5) Cradle of tow plate or tow sling to pick up vehicles. Cradle or tow plate to be equipped with safety chains, and so constructed that no further damage will occur when picking up vehicle. (6) Dual Wheels. b. CLASS B for one and two ton trucks, will have the following equipment: (1) Tow truck shall have a minimum manufacturer capacity of 15,000 pounds GVW. (2) Boom capacity of not less than 6 tons. (3) Power winch pulling capacity of not less than 10 tons. (4) Minimum of 200 feet of at least 7/16 inch cable. (5) Cradle tow or towing sling to pick up vehicle. Cradle tow plate to be equipped with safety chains. (6) Double booms so constructed as to permit splittings. Each boom to operate independently or jointly. • (7) Dual wheels. C. CLASS C for semi -trucks, house trailers, buses etc., shall have the following equipment: (1) Tow truck shall have a minimum manufac- 5 n U turer capacity of not less than 25,000 pounds GVW. (2) Boom capacity of not less than 15 tons. (3) Power winch pulling capacity of not less than 25 tons. (4) Double booms so constructed as to permit separating each boom to operate independently or jointly. (5) Minimum of 200 feet of at least 9/16 inch cable. (6) Airbrakes so constructed as to lock all wheels automatically upon failure of same. (7) Cradle tow plate or tow sling to pick up vehicles. Cradle or tow plate to be equipped with safety chain. (8) Dual wheels. 2. The Contractor agrees to own or lease one Class A wrecker, one Class B wrecker, one Class C wrecker, and have available at all times a sufficient number of Class A. B, and C wreckers, along with sufficient employees, so that he may respond to a tow call from the Tamarac Police Department within 30 minutes, and forthwith proceed to remove any type vehicle or vehicles from the streets or property in the City. 3. The Contractor shall meet all the requirements of the Florida Statutes in rendering service as required. 4. The Contractor, while acting under this agree- ment, will obey all traffic laws of the State of Florida and the City of Tamarac, and .agrees that no vehicle operated by the Contractor, his agents, servants, employees or assigns will be operated as an emergency vehicle. 5. The Contractor agrees to provide all towing vehicles used pursuant to this agreement with a two-way radio communication system. The Communication system shall be between the Contractor's base station and all tow and service trucks utilized in providing police towing service. The Contractor further agrees to notify the Tamarac Police Department of any additional telephone numbers or change of numbers. The two-way radios will not be tuned to any police frequencies. 11 6. The Contractor agrees that after arrival at a scene, the tow truck operator shall remove any hazards, broken glass or debris from the street, and impound such vehicles as requested by the Police Officer. 11. The Contractor's liability for a towed vehicle and all personal property contained therein, will commence with the time the wrecker is hooked onto the vehicle to be towed. The Contractor will have his employee, representative, or agent inventory jointly with a Police Officer, or owner, or possessor of the vehicle, all personal property in the vehicle(s) in which he is directed to tow. Such inventory shall be made in triplicate, and shall be signed by both parties making the same. One copy thereof shall be main- tained by the Contractor as a permanent record. One copy of the inventory shall be given to the owner or operator of the vehicle towed if known, or securely attached to the vehicle, and one copy shall be retained by the Police Department. The Contractor shall maintain such personal property in an appropriate locked property room. The Contractor shall be solely liable and responsible to the owner or person or legal entity entitled to lawful possession, for all personal property in any vehicle towed under this agreement. A. The Contractor will provide to the Tamarac Police Department weekly, a complete and detailed listing of vehicles which have been towed pursuant to this agreement, and which have remained on the Contractor's lots for a period . in excess of 60 days. Similar information will be provided to the City relating to personal property coming into the Contractor's control as a result of this agreement, which has remained in the Contractor's control for a period in excess of 60 days. 0 B. In the event that the Contractor has in his possession a vehicle or personal property arising out of this agreement for a period in excess of 60 days, and he is ordered to turn this property over to the County Court or the Sheriff of Broward County, pursuant to Chapter 705 of the Florida Statutes, the Contractor agrees to forego his possessory garnishment's lien, and collect any storage or towing charges due and owing from the proceeds of a judicial sale pursuant to said Chapter, if any. C. The Contractor agrees to permit members of the Tamarac Police Department or other authorized personnel to inspect his compounds, equipment, stored vehicles, personal property and records relative to this agreement, whenever, in the opinion of said representative of the City, such inspect- ion is deemed reasonable and or necessary. 7 D. The City reserves the right to cancel a request for . services of the Contractor at any time, including up to the time of hook-up. The Contractor agrees that the mere response to a service call scene without other action does not constitute a service call for which charges are applic- able. E. The Contractor agrees to release any vehicle which has not been marked "hold", providing the proper proof of identification and ownership is presented. The Contractor further agrees that any vehicle towed in, which is marked "hold", cannot be released without written authority from the Tamarac Police Department. Persons who make application for the release of towed and/or stored vehicles shall be required to present a copy of the tow -in sheet or proof of ownership by title or registration. In the event the Contractor is holding personal property removed from the stored vehicle, upon its release the owner or person entitled to possession will receipt the Contractor's copy of the inventory. The City of Tamarac will not be charged any fees for towing or storing of vehicles confiscated by the Police Department. 12. Storage fees will be paid at the rate stated in Exhibit 1 or each 24-hour period or fraction thereof. A. The Contractor shall have prepared bill heads, setting forth the names and addresses of the places of business of the Contractor. Before an impounded vehicle is claimed by the owner or person lawfully entitled to possession the Contractor will provide such person with an itemized statement of all charges made for the towing and storage of the vehicle(s). Before receiving payment the Contractor, his agent, servant, employee or assign, will prepare ak bill on the above billhead in duplicate contai-ning the following information: 1. Name and address of the person engaging the - Contractor. 2. License number of vehicle(s). 3. Motor and VIN number. 4. Personal property recovered and returned to the owner of the vehicle or person lawfully entitled to its possession. 5. Make, year, model, color of vehicles) towed and/or stored. 6. A breakdown of the elements of the charges for towing and/or storage. The Contractor shall retain a duplicate copy of such bill, and shall produce same upon demand of the Police Department. B. The Contractor shall keep a hard cover log of the number and types of calls handled under this agreement. The log shall contain the date the vehicle or vehicles were towed, the make, model, license plate number if known, the 8 VIN numbers, and the name and address of the owner or driver or person claiming the vehicle, and the date the vehicle was released to owner or driver. 13. The Contractor agrees that in the performance of this agreement he will not discriminate or permit discrimination in his hiring practices or in the performance of this agree- ment, against any person on the basis of his or her race, sex, religion, political affiliation, handicap, age of national origin. 14. Nothing contained in the agreement will prevent the owner or operator of a motor vehicle from calling a wrecker or tow truck of his own choice, or requesting that his vehicle be towed to a garage or compound other than that of the Contractor. 15. The amount of money included in the bid to be paid by the Contractor for the privilege of engaging in the agreement with the City shall be made payable to the City in 4 equal installments per year. The first payment shall be due on the date of the signing of the agreement and subsequent payments are due on the first day of each quarter. The Contractor agrees to provide the City with a performance bond to insure payment to the City of the amount bid for the privilege of engaging in this agreement, which still remains outstanding from the Contractor. The Contractor will obtain the appro- priate occupational license. In the event the Contractor breaches the agreement, it is agreed by and between the parties that all monies bid by the Contractor for the privilege of doing business with the City will be forfeited and become the property of, and will be due and owing to the City. The Contractor agrees to reimburse and be liable to the City for all Cost, including but not limited to the.Court costs and reasonable ettorney's fees expended by the City in enforcement of the herein agreement. 16. The Contractor agrees that he will not assign any portion of this contract without the written permission of the City. 17. The Contractor will provide towing and allied services to all disabled City vehicles and will assist the Police Depart - meet in recovery of evidence/property requiring utilization of wrecker service, without benefit of compensation. 18. The Contractor performing under the agreement agrees to abide by all applicable ordinances of the City of Tamarac; laws of Broward County, laws of the State of Florida, and laws of the United States. 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