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R00-114RESOLUTION NO. R00-//~/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN ADDENDUM TO EXTEND RFQ 047-1210-99/CJD FOR THE "ANNUAL CONTRACT FOR TOWING" TO INCLUDE JORDAN WRECKER SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 5, 2000, the Annual Contract for Towing was extended a one year period and Jordan Wrecker Service, previously known as McAIpine Service, was inadvertently omitted by staff when the Qualification notices forwarded to existing parties to the Tow Agreement; and WHEREAS, upon the recommendation of staff, the company has now its qualification and wishes to be included in the rotation process; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby authorize and approve the addendum to extend RFQ 047-1210-99/CJD the ''Annual Contract For Towing" to include Jordan Wrecker Service, said ualification being attached hereto as Exhibit "A". Section2. This Resolution shall become effective immediately upon PASSED AND ADOPTED this /,,.~ day of August, 2000. Vice Mayor Commissioner Corporate Seal) r~Jordan Wrecker Add080700 Bo nton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Flo~'da 33425-0310 City Hall: (561) 742-6000 FAX: (561) 742-6090 // August 3, 2000 JORDAN WRECKER SERVICE, INC. 905 N. RAILROAD AVE. #2 BOYNTON BEACH, FL 33435 REFERENCE: ONE YEAR CONTRACT FOR VEHICLE TOWING ROTATION PROGRAM CONTRACT PERIOD: BID NUMBER: JULY 5, 2000 TO JULY 4, 2001 #047-1210-99/CJD The above mentioned bid expired on May 20, 2000. The City would like to extend the existing contract under the same terms and conditions for an additional year. This would require an addendum to the original TOWING SERVICES AGREEMENT. The provision for an addendum is provided in Paragraph 6.5, MODIFICATION OF THIS AGREEMENT. The addendum would change Paragraph 9.0, TERM OF THE AGREEMENT to read as: "...This Agreement shall be automatically renewed for three (3) additional one (1) year terms...". The original contract allowed for two (2) additional one (1) year renewals. This change will allow for an additional year. If you are in agreement to this addendum to extend the contract for an additional year, please indicate by your response on the following page and return it to Procurement Services Division at your earliest convenience. Please understand that the contract extension is contingent upon commission approval. If you should have any questions, please feel free to call my office, (56.1) 742-6323. Sincerely, Bill Atkins Deputy Director of Financial Services cjd C: Central File Matt Immler- Assistant Chief of Police File 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 JORDAN WRECKER SERVICE, INC. (Company's Name) Contract Renewal Period: JULY 5, 2000 TO JULY 4, 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. OF SIaN^ NAlV~ OF I~,?RBSENTATIVB (please print) DXTE TITLE (AREA CODE) + TELEPHONE NUMBER AUG- 3-00 THU 9:21 AM ABSOLUTE IM$URAMCE FAX MO, 5612430784 P, CERTIFICATE OF LIABILITY INSURANCE ABSOLUTE INSURANCE OF DELRAY INC 3005 SOUTH FEDERAL HIGHWAY DELRAY BEACH, FL 33483-3219 JORDAN WRECKER SER~CE INC. 3~ N, OLD DIXIE HIG~AY 561 243 07DO THI~ CERTIIr]CATE 18 18SUED AS A MAS'ER ¢.F iNFORMATION ONLY AND CONFERS NO RIGH?$ UPCN THE CEF:TIFICATE HOLDER, THiS CER','IFICATE DO~$ HOT AMEND. EXTEND OR ALTER TNE COVERfI,~I= AF,,I:ORD~D BY_THE POLICIE~ BELOW. INSURER8 AFFORD1N~ . mNsu?_~__~.._G._l~. AC INTEiGCN iNS CC tNgURER ~; ~THE POUCIE$ OF INSURANCE LISTED S;LOW HAV~ BEEN IS,SUED TO THE INSURE~ NAMED ABOVE FOR THE POLICY PERIOD I~ATED. ~NY REQUIREMENT ~M OR CONDI~ON OF ANY CONTRACT OR OTHER DOCUMENT WITH ~ EBPECT TO ~IOH THI~ CER?~F~,'~A?E ~eAY ~E S~UED OR MAY PERTAIN. THE I~URANCE AFFORDED BY THE POL~IES DESCRIBED HEREIN [~ 9U~EO? ?0 ~LL T~E TERMS. EXCL JStONS A~0 CCNDJTION3 OF 3UCH POUCll~, AGGREGATE LIMITS SHO~ ~Y HAVE BEEN REDUCED ~Y PAID CLAIMS. I i': ~.~,o¥t t_JBCT l~OC , AUIIt,II MAIIL,II~ ANY AUTO ALL OV~NED AUTO8 ~ IIGH'EDULED AUTBB HIl~ O AUTO~ ~ CFL 484f261 01 X ANYAU?O BINDER M30284 IICI ~ll"f DEDUCTIBLE 05/22/2000 1 t,T2/2(~ BOdiLY I1~ JURY !per H/IO Il I BODILY (Per acc:i~r nt~ ~ 06/29/00 06/29AM ' TOWING SERVICE CANCELLATION CITY OF BOYNTON BEACH 100 EAST BOYNTON BCH BLVD., BPYNTON BCH FL 33435 ATTN: CAROL DOPLER I#OULO~YOf ~IAK~KIDPOU~II;~CAHCILLI~'=: :iEFORI TFIiXP!R~TI~N / I tI partment tate I certify the attached is a true and correct copy of the Articles of Incorporation of JORDAN WRECKER SERVICE, INC., a Florida corporation, flied on Apdl 1 ' 1999, as shown by the records of this office. The document number of this corporation is P99000031341. ' Given under my_hand and the Graat Seal of the State'of Florida at Tallah...a.~s~., the ~ap. itol, this the · Sixth aay of Apnl, 1999 CR2E022 ARTIC~.S OF INCORPORATION OF JORDAN WRECKER SERVICE, INC. t Florida Corporation In compliance with the requirements of F.S. Chapter 607, thc undersisned, beina a natural person, does hereby act as an incorporator in adopting and filing the following Articles of Incorporation for the purpose of organizm~ a for profit business corporation. ARTICLE I- N,62M3!I The name of the corporation is JORDAN WRECKER SERVICE, INC. (hereinafter called the "Corporation"). ARTICLE H- PURPOSE The corporation is formed to engage in wrecker and towing services under the laws of the State of Florida. ARTICI.K IH - CAPITAL STOCI~ The a~gre~ number of shares which the Corporation shall have the authority to issue is 100 shares of Common Sto~k, ~ value $1.00 per share. · ARTICLE IV = ~ REi".I.qTERB'.n AGENT The stn~ address ofti~ initial r,~'Shtered otlice of the Corporaiion is ~)~ North Rail Road Avenue, Boynlm~ Beach, Florida 33435; and the name of ~ initial ~ alen~ of the CorpoFalion at ~ addr",~s will be Robert Jordan. ARTICLE V- MAnJNG ADDREs.~q The mailing address of the Corporafi~ is 90~ North ~ Road Avenue, Boynmn Beach, Florida 33435. ARTICL~ Vl - INFFIAL BOARD OF DIRECTORS ~ The Corporation shall bare one director initially. The number of directors may be either increased or decreased from time to time as provided in tl~ Bylaws of the Corporation and undeF Chapter 607, Florida Smua. es, but shall never be leas than one. The name end address of the initial directors) of this Corporation is: Mr. Robefl Jordan 90S North Rail Road Ave~u~ Boynton Beach, Florida 3343S ARTICLE ~- INCORPORATOR TI~ nam~ and address of tl~ p~rson sigaing ~ Articles of Incorporation is: Mr. Rol~'t 90S North Rail Road Av~u~ Boynton Beach, Florida 3343S ARTICLI~. VIII - OFFICERS Robe~ $ordan shall act as president of the Corporation. The CorporatiOn under Chapter Florida Statutes, and/or in ac~ordanc~ with its Bylaws, shall elect other officers fi~om time to time as it sees fit. IN WITNESS WHEREOF, the undersigned Incorporator has executed these Articles of Incorporation this~day of'March, 1999 CERTIFICATE DESIGNATING THE ADDRESS AND AN AGENT UPON WHOM PROCESS MAY BE SERVED WITNESSETi~: That JORDAN WRECKER SERVICE, INC. desirin~ to organize under the laws of the State of Florida, has named Robert $ordan, 905 North Raft Road Avenue, Boynton Beach, Flodda 33435 as its agent to accept service of process within thi.~ state. ACKNOWLEDGMENT: Having bern named to accept service of process for the above-stated corporation at the place designated in this camificate, I hereby agree to act in thi~ capacity, and I further agree to comply with the provisions of all statutes rrAative to the proper and complete performance of my duties, and I accept the duties and obligations of Section 607.0505, Florida Statutes. Dated this ~'~day of March, 1999. P~:. 'A.~ED BY/RETURN TO: J~ ~D C. CANTOR, ESQ. Eh, ~lberg0 Cantor & Milgrim, 32 B~irling Road Su .e 1 ~:~ ~ood, Florida 33021 GENERAL R~EASE K~OW ~J=,L MEN BY THESE PRESE.~fS: TI: ~t AUTOCARE USA OF DELRAY, INC., a Florida corporation, first pa ty, for and in consideration of the sum of Eight Thousand Five Hu ~dred Dollars ($8,500.00) or other valuable considerations, rs ~eived from or on behalf of ROBERT JORDAN, individually, and JC ~DAN'S WRECKING SERVICE~ INC. a Florida corporation, second pa 'ty, the receipt whereof is hereby acknowledged. (Wherever used herein,'the term"first party" and "second party,, shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) HEREBY remise, reiease~ acquit, satisfy, and forever discharge tb said second party, of and from all, and all manner of action a~. actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, cc enants, contracts, controversies, agreements, promises, va 'lances, trespasses, damages, judgments, executions, claims and de :ands whatsoever, in law or in equity, which said first party e,~.r had, now has, or which any personal representative, successor, h~ r or assign of said first party, hereafter can, shall or may ha 'e, against said second iparty, for, upon or by reason of any ma ter, cause or thing whatsoever, from the beginning of ~he world tc the day of these presents. Including but no~ limited to all ma~ters, issues, controversies, causes~ of action, claims and demands arising out of, pertaining to, concerning and/or involving that certain lawsuit styled AutoCare USA of Delrav. Inc.. a Florida corporation, vs. Robert JQrdan~ individuallv, and d/b/a McA1Din-'s Towing, and Jord~n'c Wrecking Service. Inc.. a Florida corDoraDion, Palm Beach County Circuit Court Case No. CL 99-3526 AG. 1 Notwithstanding the foregoing, this release does not release, a:r specifically excepts any action, claim or cause of action a:r.sing out of the second party's advertising, publicizing, holding t~ mselves out as, or doing business as McAlpine's Towing. IN WITNESS WHEREOF, I have hereunto set my hand and seal this .~ day of ~bco~c~ , 2000. Si -ned, sealed and delivered presence of: cc ss: I HERE~YCERTIFYthat on this day, before me, an officer du .y authorized in the S~ate aforesaid and in the County aforesaid tc take acknowledgments, personally appeared John Scerbo, as au horized agent of AUTOCAR~ USA OF DELRAY, INC~, a Florida cc-potation, to me known to be the person described in and who e~ ~cuted the foregoing instrument and he acknowledged before me tk g he executed the same. WITNESS my h~and and offici_al seal in 'the County and State la ~t aforesaid this ~__ day of ~h~oa¢~ , 2000. My Commission Expires:. Commission No. 2 June 17, 1997 I. OPENINGS: A. B. C. CITY OF BO YNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA REC ' Call to Order - Mayor Jerry TaYlor JiJJ~ ~=~~N~. -~iCE Invocation- _ ~/~... Pledge of Allegiance to the Flag led by Commissioner Shirle-'~a-~ewicz D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. ADMINISTRATIVE: A.. Appointments to be made: APPOINTMENT LENGTH OF TERM · EXPIRATION D&TI= 6:30 IlL ANNOUNCEMENTS & PRESENTATION~ A. Announcements 1. Pre-budget Wo~ - Friday June 27, 1997 - 3:00 to 6:00 P.M. - Ubrary Program Room 2. July 4th BIG BLAST FIREWORKS EVENT. Boat Club Park - 3:30 P.M. Food, Beverages, contests, bands and fun - Fireworks at 9:00 P.M. B. Presentations 1. Presentation by Art Matthews - Update on Boynton Community Development Corporalion Ofllce Renovation Project at 2191 North Seacrest Boulevard (corner of Gateway Boulevard) IV. COI~qEI~AGENDA Matters in INs Section of the Agenda are proposed and recommended by the City Manager for 'Consent Agenda' approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Racom and subject to staff comments. A. Minutee 1. TewnM .eeting Idinute~. of May 29, 1997 2. Regular City commission Meeting Minutes of June 3, 1997 B. Bids - Recommend Approval - All expenditures are approved in the 1996-97 Adopts. Budget Award ANNUAL CONTRACT FOR SAFETY CLOTHING AND EQUIPMENT to the following vendors: RITZ SAFETY EQUIPMENT, iNC.; SAFECO, INC.; AND SAFETY PROOUCTS, INC C. Resolutions (~ Resolution No. R97- RE: I'or ASSISTANT Proposed Approve job description TO THE CITY MANAGER/PUBLIC INFORMATION OFFICER Proposed Resolution No. R97- RE: RATIFICATION of WAGE PROPOSAL (Article 14-Rate of Pay) for fiscal year 1996/97 between the City of Boynton Beach and the Fraternal Order of Police - LIEUTENANT'S UNIT Proposed Resolution No. R97- RE: RATIFICATION OF WAGE PROPOSAL (Article 14-Rate of Pay) for fiscal year 1996/97 between the City of Boynton Beach and the Fraternal Order of Police - SERGEANT'S UNIT Proposed Resolution No. R97- RE: Authorize acceptance of the LE'I-DER OF CREDIT for Condor Investments of Palm Beach County Inc,, '(CEDAR RIDGE ESTATES) '5. Proposed Resolution No. R97- RE: REDUCTION of existing SURETY for the project known as MILITARY 6 L.C. (aka Crescent Center) for water and sewer systems Proposed Resolution No. R97- RE: Authorize issuance of a CERTIFICATE OF QUALIFICATION to McALPINES TOWING Proposed Resolution No. R97- RE: Authorize execution of NEIGHBORHOOD ASSISTANCE PROGRAM AGREEMENT and authorize expenditure of funds for LANDSCAPE/IRRIGATION IMPROVEMENTS on the first two medians of NW 17th Avenue in the amount of $3,000 for irrigation materials and $11,003 for contract installation of concrete curbing Proposed Resolution No. R97- RE: Authorize execution of ADDENDUM to the Lease Agreement between the City of Boynton Beach and BOYNTON PLAZA SHOPPING CENTER, for the POLICE SUBSTATION Proposed Resolution No. R97- RE: Approve PARKER YANNETTE LANDSCAPE DESIGN CONTRACT in the amount of $4,700 and approve expenditure of $38,500 from ClP account which will be 100% refunded to the City by FDOT for the continuation of landscape beautification improvements along west R.O.W. on North. Federal Highway from C-16 Canal north to City Emits D. Approval of Bills E. Payment of Bill~ - May 1997 F. Approve RECORDS DISPOSITION REQUEST #331 & 332 from Utility Billing for Utility Customer Record~ G. Approve request for a REFUND on CEMETERY LOT 195, Block O - Boynton Beach Memorial Park ~ ~,~,=~"- I. Approve request from Tim Oeen and Kevin Walker to CLOSE SW 9th Avenue between f'> cc,"'- SW 1st Street and SW 2nd Street in order to hold a BLOCK PARTY on July 5, 1997 2 CITY OF BOYNTON BEACH TOWING SERVICES AGREEMENT 1997 AGREEMENT Revised 3/18197 AGREEMENT THIS IS AN AGREEMENT, dated the ~day o/~~ , 1997, between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", CONTRACTOR". and hereinafter referred to as 'q'OW WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and TOW CONTRACTOR agree as follows: 1. SPECIAL TERMS AND CONDITIONR 1.1 RATES. The rates herein have previously been established and apProved by the Boynton Beach City Commission and will remain firm and fixed for the term of this Agreement. The rates charges by TOW CONTRACTOR to provide all labor, tools, materials, and equipment shall not be greater than the applicable maximum rates as provided by this Agreement. 1.11 APPROVED TOWING RATES - VEHICLES NOT OWNED OR LEASED BY CITY These rates are the only rates that will be charged vehicle owners under this Agreement: TOWING BY ITEM DESCRIPTION (1) Class A (cars, vans, light trucks under 10,000 GVW)within City 'limits; $75.00 per call (2) Motorcycles within the City limits; $75.00 per call (3) Towing outside the City limits for cars, vans, motorcycles, and light trucks 3/4 and less; an additional $2.00 per towed mile from the City limits 1997 Tow Contract.3\l 8\97 1 (4) $125.00 per call (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 41off-road vehicle recovery Tarp fee Lowboy service Outside the City limits Underwater recovery salvage divers 1997 Tow Contract, 3 \ 18\97 an additional $4.00 per towed mile from the City limits $150.00 per cell 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 shall apportion the charge set forth herein to be consistent with the actual time spent on the scene. (B) STORAGE AND LIEN NOTICE (1) Cars, vans, trucks under 3/4 ton Outside storage Inside storage $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) (4) Motorcycles Outside storage- Inside storage Boat and trailer (21 feet and under) Outside storage Inside storage $10.00 per day $15.00 per day $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 Per Florida Statutes, no storage fee shall be charged to the vehicle owner for a vehicle stored less than six (6) hours. "Per day" shall be defined as a twenty-four (24) hour period or any part thereof. (C) VEHICLE RECOVERY The following vehicle recovery fees may be charged to the vehicle owner when the vehicle is overturned, embedded in sand, mud, or water, or requires more than a single hook-up: (1) Class A and B wrecker on the scene; 1997 Tow Contract,3\18\97 3 $60.00 per hour (2) 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 1.1 I(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 314 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. Co 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) minutes have expired after arrival at the scene. Labor charge must be 1997 Tow Contract,3\l 8\97 4 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. SERVICE CALL. TOW CONTRACTOR agrees that the mere response to a service call scene without other action does not constitute a service for which charges may be assessed to the vehicle owner. DOCUMENTATION OF SPECIAL AND ADDITIONAL CHARGES. TOW CONTRACTOR will document in detail on the tow receipt the reason(s) for waiting time charges and the work performed for assessed labor charges. TOW CONTRACTOR agrees that the special or additional charges may be disputed by CITY officials and/or the vehicle owner or representative. TOW CONTRACTOR further agrees that the City Manager or his/her designee will make the final determination on the assessment of a disputed special and additional charge, and that TOW CONTRACTOR shall abide by the decision of the City Manager or his/her designee. 1.2 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 Contract,3\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. Co The City Commission reserves the right, based upon its deliberations and its opinion, to award a certificate of qualifications. 1.3 ELIGIBILITY. A. To be eligible to respond to this RFQ, TOW CONTRACTOR shall be regularly engaged in the towing business on a full-time basis in Palm Beach County and the City of Boynton Beach, and shall be able to produce evidence or prior experience in providing similar services continuously for the past two (2) years (one year of which must have been within Palm Beach County, Florida). TOW CONTRACTOR shall have satisfactory financial support, required equipment and organization sufficient to ensure that . TOW CONTRACTOR can satisfactorily execute the services, if granted a contract, under the terms and conditions stated herein. In the event litigation arises out of the CITY's failure to select a particular applicant, damages, if any, shall be limited to actual preparation costs incurred by the challenging party. 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 shall have an office and storage facility within the city limits of the City of Boynton Beach at the time the proposal is submitted for CITY's review. The storage facility shall be in full compliance with the terms of this Agreement, and shall be maintained as such at all times during the duration of this Agreement. TOW CONTRACTOR agrees that it will, at its sole cost and expense, if selected, fulfill and comply with all laws, ordinances, codes, regulations and requirements of the City of Boynton Beach, Palm Beach County, the State of Florida, the United States of America, and any and all 6 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 ACCEPTFD ANY HANDWRI t ~EN APPLICATIONS THAT ARE RECEIVED WILL BE AUTOMATICALLY DISQUALIFIED AND WILL NOT BE CONSIDERED. 1.5 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 service for the removal of vehicles within the City of Boynton Beach when required and when dispatched or required by the City of Boynton Beach Police Department 1997 Tow ContracL3\l 8\97 7 (or other CITY authorized representative in the case of city-owned or city leased vehicles). SuCh services shall be made available on a twenty-four (24) hour basis. CITY shall be given preference only for calls by the Police Department. TOW ~ CONTRACTOR shall maintain adequate storage space within the City for said Vehicles when towed. Said storage facilities shall meet the minimum requirements set forth in this Agreement. At an accident scene, TOW CONTRACTOR shall remove from the street and surrounding area all broken glass and other debris resulting from the accident. CITY shall have the right to cancel a request for tow company service up until the time that a wrecker is hooked onto a vehicle and ready for transport to the storage facility. 1.6 SPECIFICATIONS FOR WRECKERS. The CITY agrees to maintain three (3) wrecker rotation lists, as 'follows: 1. Class "A"FB" List; 2. Class "C" List; and 3. Code Enforcement List (mandatory for all Class "A"FB" 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. 1997 Tow Contract,3\l 8\97 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 minimum GVW rating of at least 10,000 pounds to 14,000 pounds, with at least (4) ton winch pulling capacity, a flat bed at least 17 to 19 feet in length, and at least fifty (50) feet of 3/8 inch cable. 8 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, wheel lift is mounted on a chassis 25,000 pound to 30,000 pound GVWR and equipped with a minimum of two (2) 15,000 pound winches and the boom a 16 to 20 tons, or flatbed or slideback that is mounted on a 20,000 to 23,000 pound GVWR chassis and equipped with an 8,000 to 10,000 pound winch. Should TOW CONTRACTOR desire to be placed on the Class "C" wrecker rotation list, TOW CONTRACTOR must own, lease (first-party) and be in possession, or mortgage and have immediate access to at least one (1) CLASS "C" TOWING/RECOVERY VEHICLE with the following specifications: Large. wrecker with at least twenty-five (25) ton capacity, a GVW rating of at least 25,000 pounds, a cradle or tow plat or sling, and safety chains or wheel lift capability. 2. An extendible boom with a capacity of at least fifteen (15) tons; A twin power winch with a pulling capacity of at least twenty-five (25) tons. At least Tw° hundred (200) feet of 5/8 inch thick cable. 5. Air brakes with an auxiliary air supply. Do 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 must be able to tow a motorcycle on a flatbed tow truck. 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 1997 Tow Contract,3\ 18\97 9 Ho 1997 Tow Contract,3\18\97 from the front, rear and sides of the vehicle; 3. One (1) heavy-duty push broom; 4. A flood light on the hoist; 5. One (1) fiat-nose shovel; 6. One (1) ax; 7. One (1) crowbar; 8. At least one (1), five (5) pound Carbon dioxide fire extinguisher with a current inspection tag. The fire extinguisher must be an approved type; 9. One (1) pair of bolt cutters; 10. One (1) set of jumper cables; 11. One (1) four-wait lug wrench; 12. One (1) high-intensity fiashlight; 13. One (1) set of red highway reflectors; 14. Five (5) thirty minute flares; 15, Each wrecker and tow vehicle shall contain a telephone or radio communications system to enable continuous direct contact between the driver and the office of TOW CONTRACTOR; and 16. Each vehicle shall be specifically designed, constructed and equipped for the towing of vehicles, and shall at all times, be properly maintained in a mechanically safe condition. To be awarded and to maintain a certificate of qualification, a Class "A"FB' TOW CONTRACTOR shall have in operational condition at the time the certificate of qualification is awarded and for the duration of this agreement at least two (2) Class "A" wreckers, and one (1) Class "B" wrecker. TOW CONTRACTOR shall have available at all times, sufficient equipment to perform all services required herein on a timely and ]0 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. TOW CONTRACTOR shall maintain a storage facility for all impounded vehicles. There shall be an outside, enclosed area and an inside storage area. All facilities shall be located within the city limits and be owned or leased by TOW CONTRACTOR. TOW CONTRACTOR'S storage facilities cannot be relocated without written consent from CITY. Should TOW CONTRACTOR relocate without obtaining said consent, the relocation shall constitute a breach of this Tow Agreement. 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 1997 Tow Contract.3\l 8\97 11 C~ containing, for example, a desk, phone, facsimile machine, computer, etc.; with a physical plant having the name of the company and the mailing address and 24-hour phone number clearly painted; that are accessible to CITY officials at anytime, 24 hours a day, 7 days a week; and that maintains a 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. Co The area must have a vehicle storage capacity of at least twenty- five (25) vehicles. This storage will predominantly be utilized for accident tows, designated "HOLD," confiscated, and evidence vehicles, A secondary storage area may be located within a ten (10) mile radius of the City of Boynton Beach, and may be utilized for Code Enforcement-related tows. INSIDE STORAGE. TOW CONTRACTOR shall be capable of storing up to three (3) vehicles in inside storage, and shall maintain at least one (1) inside storage space that shall meet the following specifications: a. a working area of 9' X 20' per vehicle with at least an eight (8') foot ] 997 Tow Contract,3\ 18\97 12 high ceiling; a paved floor (i.e. concrete, asphalt) that is free from dirt, standing water and vegetation; 'an electrical lighting source sufficient to permit processing of a vehicle; and d. one (1) outside window or a ventilation system. CRIME SCENE, CONFISCATED, SPECIAL "HOLD" STORAGE a. Any vehicle towed or stored as a result of the marked "HOLD" relative to a crime scene investigation shall be handled with gloves (i.e. cloth, rubber or leather) by the wrecker operator. bo Crime scene vehicles shall be stored to prevent physical contamination or degradable evidence from deteriorating, and by inside storage. If inside storage is not available, CONTRACTOR shall surrender the tow and fee to the next Contractor in rotation. This shall not prevent CITY from removing the vehicle or trailer and storing it at a City-owned or controlled facility or at another Tow Contractor's storage compound. If laboratory work on a crime scene vehicle is required and the vehicle must be processed at the City of Boynton Beach Police Headquarters, the crime scene vehicle shall be transported to the City-designated location. Vehicles which have been marked "HOLD" by the Police Department shall be stored at such compound for whatever period of time necessary, in order to properly process the vehicle and conduct any investigation necessary. Confiscated vehicles or vehicles involved in litigation shall be protected from the elements, preferably at an inside storage facility, as to maintain the vehicle in its condition at the time of towing. This shall not prevent CITY from removing the vehicle and storing the vehicle at a City owned or controlled facility or at another Tow Contractor's facility. City of Boynton Beach Police Department personnel shall be permitted access to all such vehicles at all times. 2.0 PERFORMANCE PROBATION PERIOD. 1997 Tow Contract,3\l 8\97 13 Ao A contractor awarded a Certificate of Qualification will be subject to a three (3) month probationary period. During this time, the contractor's performance will be evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the standards set forth in this Agreement, the City Commission may, upon the recommendation of City staff, by written notice setting forth the default under the Agreement terms, revoke the Certificate of Qualification. If performance is acceptable at the end of the probationary 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. 2.5 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. 2.1 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. 2.2 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, 1997 Tow Contract.3\l 8\97 14 2.3 such a recommendation shall be considered by the City Commission for CITY. COMPLAINTS AGAINST TOW CONTRACTOR. TOW CONTRACTOR hereby agrees that any complaints received by CITY concerning the performance of TOW CONTRACTOR'S duties under this Agreement and otherwise shall be referred to the City Manager of the City of Boynton Beach. The failure of TOW CONTRACTOR to follow any subsequent reasonable instruction of the City Manager regarding any complaint will be considered a material breach of this Agreement and the awarded Certificate of Qualification, and shall be cause for termination thereof. 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; Bo Retaining any officer, employee or agent convicted of any felony when that person,s civil rights have not been restored; Retaining any officer, employee or agent convicted of any felony or first degree misdemeanor directly related to the business and/or operation of a wrecker, when that person's civil rights have not been restored. For the purpose of this Agreement, any offense involving perjury, false statement or theft shall be considered to be directly related to the business operation of a wrecker. Retaining any officer, employee or agent convicted of the offense of driving under the influence of alcohol or any other controlled substance to the extent that normal faculties are impaired; of the offense of driving a vehicle and having an unlawful blood alcohol level; or of any other criminal traffic offense. 2.5 1997 Tow Contract.3\18\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 Oualification and termination of this Agreement with TOW CONTRACTOR for cause Should at any time during the term of this Agreement, including during any option terms, TOW CONTRACTOR or its principals become the subject of a criminal investigation, the City Manager shall have the right to suspend TOW CONTRACTOR'S Certificate of Qualification pending the outcome of any criminal investigation and trial, should one result. Upon the conclusion of a criminal investigation that does not result in criminal charges against TOW CONTRACTOR or its principals, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR, or the City Manager may lift the suspension, thereby reinstating the Certificate of Qualification to TOW CONTRACTOR. If an adjudication of guilt is entered against TOW CONTRACTOR at the conclusion of a trial or via plea bargaining with the State, the City Manager may recommend to the City Commission revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR or City Manager may reinstate. 2,6 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). 2.7 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. 2.8 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, 1997 Tow Contract,3\l 8\97 16 sidewalks, parks, and property of CITY; and shall remove the same to a proper place for disposal if the accident scene is, will or has been served by TOW CONTRACTOR, its agents or employees. The owner of the vehicle or trailer towed may be charged pursuant to the rate schedules set forth in this Agreement for the clean-up of hazardous wastes, chemicals, construction debris and spilled loads. 2.9 EMPLOYEES. TOW CONTRACTOR agrees to maintain, and upon request, provide to the city of Boynton Beach Police Department the following information on all officers, employees, agents, and servants, and to be responsible for keeping the information accurate and current: name, address, date of birth, driver's license number, social security number, and photograph. TOW CONTRACTOR agrees that the owner(s) of the company or the officers of the company, if a corporation, shall be personally responsible for the acts of their employees, while said empioyees 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. 3.0 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 Oualification and termination of this Agreement with TOW CONTRACTOR. 3.1 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 Bo 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 1997 Tow Contract,3\ 18\97 17 response time limit has expired. In the event TOW CONTRACTOR fails to respond in a timely manner, the department of CITY requesting the service shall document the untimeliness, and forward said writing to the Agreement Administrator. The following penalties shall apply should any TOW CONTRACTOR fail to respond within the class response time set forth in Section 3.1(A) of this Agreement: Within a 12 month period 1. 1st 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. Fo 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\18\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 ]8 provisions of this Agreement, that there is no obligation to have any automobile, vehicle or trailer repairs and/or automobile, vehicle or trailer paint and body work done by TOW CONTRACTOR. Bo TOW CONTRACTOR shall notify CITY in writing of any and all repairs completed on vehicles, automobiles, trucks, and trailers by TOW CONTRACTOR towing a vehicle under the provisions of this Agreement. The written notification to vehicle owner that there is no obligation to have TOW CONTRACTOR undertake any repairs to the vehicle shall be included. 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 1997 Tow Contract.3\ 18\97 19 incident and property damage coverage of One Hundred Thousand ($100,000.00) Dollars per incident. Garage Keeper's Legal Liability Insurance coverage in the minimum amount of Seventy-five Thousand ($75,000.00) Dollars to protect owners of any and all vehicles and trailers towed or stored by TOW CONTRACTOR pursuant to this Agreement, from any loss or damage to such vehicle or trailer on account of such removal or storage. TOW CONTRACTOR shall provide CITY with Certificate(s) of Insurance on all policies of insurance and renewals thereof in a form acceptable to CITY. Each policy shall provide that CITY is an additional insured, and that the CITY shall be notified by the insurer in writing of any cancellation at least thirty (30) days prior to the effective date of cancellation. Each and every insurance policy must be issued by companies acceptable to CITY's Risk Management, and licensed, qualified and authorized to do business in the State of Florida. All policies must be at lease six (6) months in duration. Each TOW CONTRACTOR shall show proof of the insurance required under this Section prior to the issuance of a Certificate of Qualification. TOW CONTRACTOR shall not commence operation under the term of this Agreement, until certification or proof of insurance, detailing terms and provisions of coverage, has been received, reviewed, and approved by CITY. TOW CONTRACTOR agrees to maintain, at its own cost and expense, worker's compensation coverage required by the State° 3.5 TOW CONTRACTOR'S LIABILITY. A. TOW CONTRACTOR shall be liable for any towed vehicle and property contained therein. TOW CONTRACTOR or its employee, representative, or agent shall inventory all personal property contained in each vehicle towed. 3,6 1997 Tow Contract,3\ 18\97 B. The inventory shall be made in triplicate and shall be signed by the person composing it. One copy shall be given to the owner or person in possession of the vehicle, or shall be securely attached to the vehicle; one copy shall be forwarded to the Boynton Beach Police Department, and the final copy shall be retained by TOW CONTRACTOR. NON-LIABILITY OF CITY FOR TOWED VEHICLES. CITY shall not be responsible or liable in any manner whatsoever for either the 20 collection or payment of any charges for services rendered, including towing and storage. 3.7 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. 3.8 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. 3.9 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. 3.10 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\l 8\97 21 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. Fo 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 PROPER~ 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 ! 997 Tow Contract,3\l 8\97 22 towed, while the vehicle is stored at TOW CONTRACTOR'S storage facility, and while TOW CONTRACTOR disposes of junk, abandoned and nuisance vehicles. TOW CONTRACTOR shall make restitution to owner for all such losses occurring by theft, fire, or other damage. 4.1 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. 4.5 RADIO COMMUNICATION. Bo 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. $.0 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 ownerof driver; 2. model and make of vehicle or trailer; ! 997 Tow Contract.3\l 8\97 23 4. 5. 6. 7. 9. 10. license plate number; vehicle identification number; time, date and location of tow; circumstances requiring tow; whether or not a "HOLD" was placed on the vehicle by the Police Department; time dispatched to scene and time of arrival; storage facility where vehicle is stored; and the date, time and name of employee releasing the vehicle. 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 place containing the following information: 1. 2. 3. 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. E. 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. 1997 Tow Contract.3\18\97 24 2, TOW CONTRACTOR shall make available for inspection by authorized CITY personnel the compounds and storage facilities required herein. 3. In order to facilitate inspection and audits by authorized CITY personnel, records maintained by TOW CONTRACTOR relative to · services provided under this Agreement shall be kept separate and apart from other company records. RECORDS RETENTION AND RIGHT TO ACCESS. TOW CONTRACTOR shall preserve and make aVailable for inspection and/or removal for the purpose of copying, all financial records related to performance and billing under the terms of this Agreement, upon five (5) days prior notice. All records shall be maintained for a period of three (3) years after termination of this Agreement. If an audit has been initiated within that three (3) year period, but findings from the audit have not been resolved, the records shall be retained and maintained until resolution of audit findings. For monitoring purposes, TOW CONTRACTOR shall submit to CITY's Tow Agreement Monitor on a monthly basis a log sheet detailing each tow made by TOW CONTRACTOR during that month, as well as the amount charged and service given for each tow. A copy of the invoice-for each tow should accompany the monthly report. Failure to. comply with the provisions and requirements of Section 5.0 of this Agreement shall result in suspension from the wrecker rotation until such time as TOW CONTRACTOR corrects such noncompliance. Should TOW CONTRACTOR fail to comply with any of the provisions of this section may, in the discretion of the City Manager, warrant recommending to the City Commission termination of the Certificate of Qualification and Agreement with TOW CONTRACTOR. 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 1997 Tow Contract. 3\ 18\97 25 or trailer for a minimum period of thirty-five (35) days, after which time TOW CONTRACTOR has the option to destroy or sell the vehicle or trailer pursuant to Section 713.78, Florida Statutes. 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. 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 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 i 997 Tow ContracL3\l 8\97 26 affiliation, national origin, or otherwise with respect to its hiring practices and in the performance of the terms of this Agreement. 5,5 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 delineated 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. 5.6 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 municipal corporation. 5.7 NON-ASSIGNABILITY'. The Certificate of Qualification shall not be assigned, sold or tranSferred in any manner whatsoever. 6.0 DISPOSAL OF VEHICLES. Should TOW CONTRACTOR, as a result of this Agreement, have in its possession any vehicle, trailer, or personal property from therein for a-period in excess of ninety (90) days, and be ordered to relinquish such vehicle, trailer or personal property to the City of Boynton Beach Police Department, TOw CONTRACTOR agrees to do so with no additional charges to CITY, other than that specified in this Agreement. 6.5 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\l 8\97 27 6.6 ETHICS AND CONDUCT. TOW CONTRACTOR hereby agrees to conduct operations under this Agreement in a courteous, orderly, ethical and businesslike manner. As it is recognized by both parties that this Agreement is sensitive in nature and requires TOW CONTRACTOR and its personnel and employees to work with the public on a daily basis, TOW CONTRACTOR is required to extend common courtesies, including but not limited to: 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"FB" 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 1997 Tow Contract, 3\18\97 28 bo service, TOW CONTRACTOR will be moved to the end of the list, thereby forfeiting that rotation. 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. The next tow company in the rotation will be contacted in the event TOW CONTRACTOR cannot be reached by the CITY's Communications Division or TOW CONTRACTOR has failed to respond within a reasonable time to a hazardous scene. The City official, agent or employee shall determine, based on his sole discretion, whether the response time was excessive. During the midnight shift, the CITY will reconcile logs on a daily basis, and will gather any reports of problems or incidents that were brought to the attention of the dispatch supervisor, who shall forward the same to the Tow Agreement Monitor within the CITY's Police Department. Rotation Tracking. a. A manual log will be used by CITY to track all vehicle or trailer tows to include rotation wreckers. b. The log shall contain the date and time of the tow, the tow company, the CITY officer, agent or employee, dispatch, case number, remarks, and a computer check. c. Specific requests from the vehicle or trailer owner or person lawfully in possession will not be charged against the rotation schedule. The request shall be logged as such by CITY in the manual log. If an owner's request cannot be honored for any reason whatsoever, a rotation wrecker will be contacted and so charged on the rotation schedule. Knowledge of Position on Rotation List. a. TOW CONTRACTOR is responsible for knowing its position on the wrecker rotation list. CITY will not provide this information over the telephone. b. The rotation list is public record pursuant to Chapter 119, Florida Statutes, and is available for inspection, by appointment, during regular business hours. 8.0 CODE ENFORCEMENT TOWING PROCEDURE. A. Purpose. Standard operating procedure 1997 Tow Contract,3\ 18\97 29 is to be utilized for the removal of vehicles or trailers deemed to be abandoned or wrecked as described 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 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 roil-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 right to modify the rotation schedule or procedure for Code Enforcement tows under this section of the Agreement in an effort to improve upon the procedure to place code enforcement tows in the regular rotation or otherwise. 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 ! 997 Tow Contract.3\l 8\97 30 of one (1) year from that date. This Agreement shall be automatically renewed for two (2) additional one (1) year terms, unless either party provides written notice via certified mail to the other party within thirty (30) days of the end of the yearly term, that the Agreement shall be terminated at the end of the term. 9.1 INDEPENDENT CONTRACTOR. This Agreement does not create an em ployee/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 provisions of this section. For the present, the TOW CONTRACTOR and the CITY designate the following as the respective places for giving of notice: City Manager City of Boynton Beach P.O. Box 310 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 TOW CONTRACTOR: 1997 Tow Contract.3\! 8\97 131 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. Cit~'Clerk CITY Mayor APPROVED AS 3~O FORM' City Attorney' 1997 Tow ContracL3\lS\97 32 STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by .l~w to administer oaths and take acknowledgments, personally appeared~nd 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,. ! have set my hand and official seal a~j~ the ~St. ate a~nd c~C~unty aforesaid on this/~/~ day of~ 1997. ,, _ . NO.~ A~Y ~U6LiC My Commission Expires: (~NESSES: 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 appearel~r~/d-~. ~and acknowledged he/she executed the foregoing Agreement for the use and JSurposes 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: WI~AGMTS~Towing Agreement 1997 Tow Contract.3\l 8\97 33