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99-R-04 ...... .""", RESOLUTION NO. 99-R-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ESTABLISHING A SCHEDULE OF CHARGES FOR TOWING, REMOVAL, IMPOUNDMENT AND STORAGE RELATING TO ARTICLE IV (TOWING OR IMPOUNDING OF VEHICLES) OF CHAPTER 17 (TRAFFIC); REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On April 19, 1999, the City Council adopted Ordinance No. 99-0-07 which amended Chapter 17 (Traffic) by adding Article IV (Towing or Impounding of Vehicles). 2. Article IV (Towing or Impounding of Vehicles), Section 17-31 (Fees), provides that charges for these services will be established by resolution of the City Council and shall be posted for public inspection in designated areas. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. Establishing a Schedule of Fees. Pursuant to Chapter 17 (Traffic), Article IV (Towing or Impounding of Vehicles), Section 17-31 (Fees), the schedule of fees/charges are hereby as set forth in Section IV (Compensation) of the Wrecker Services Agreement dated May 15, 1995, which is attached hereto and incorporated by reference as Exhibit "A". Section 2. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 3. This resolution shall take effect upon adoption. 99-R-04 1 After Motion by Councilman Hammond and Second by Councilwoman Lichter, the vote on this resolution was as follows: Mayor Randy G. Allman AYE Councilman Jim Gornto AYE Councilman Myron F. Hammond AYE Councilman Gary W. Roberts ABSENT Councilwoman Judy Lichter AYE PASSED AND DULY ADOPTED this 19th day of April, 1999. ATTEST: 99-R-04 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA B It5ddiG.Mimanan Mayor APPROVED FOR FORM AND CORRECTNESS: City Attorney .... ...", WRECKER SERVICES AGREEMENT THIS AGREEMENT made and entered into this 1-76 day of ,ft OJ{ 1995, by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation, hereafter "City" and EDGEWATER GARAGE, INC., hereafter "Contractor". WHEREAS, the City desires to obtain the services of Contractor for the provision of wrecker services; and WHEREAS, Contractor desires to provide these services to the City. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: ~ Scope of Services and Equipment, Storaqe Facility and Personnel Requirements A. As further described below, Contractor shall furnish all labor, tools I equipment, materials, supplies and services except as specifically set forth herein, to provide wrecker, towing and storage services when requested by the City. Such services shall be collectively referred to as wrecker services. B. The Contractor shall provide the towing and storage of motor vehicles and trailers from public or private property ~ying within the Edgewater city limits when requested by the City. C. The Contractor shall provide for the towing and storage of illegally parked or disabled vehicles pursuant to applicable law and those which are impounded or required to be moved by or at the direction of a police officer. D. The Contractor shall provide for the towing and storage of any vehicle or trailer from the scene of an accident to a locction within the area as designated by the owner. (agreemnt/wrecker) May 16, 1995 A-I ... ..". E. At no charge to the City, ~ithin Edgewater city limits and within a twenty (20) mile radius of the Edgewater city limits the Contractor shall provide wrecker services and towing ror any disabled City vehicle from its point of disability to any point within the City as may be directed by the City. F. Upon notification by the City, the Contractor shall remove all debris resulting from motor vehicle accidents from the public streets, sidewalks and property of the City even if actual towing is not required. G. Wrecker service shall be available at all times, twenty-four (24) hours a day, seven (7) days a week including holidays. For at least 95% of all calls, Contractor shall be at the requested location within twenty (20) minutes from the time a call is received requesting wrecker service. For the remaining 5% of the calls, a wrecker will be at the locatio~ within thirty (30) minutes or receiving a call. H. In the event the Contractor is unable to respond to a call with one of its own wreckers, Contractor shall provide service by utilizing a wrecker from another company. The substitute wrecker must comply with all the requirements contained herein. I. Upon the City's request, the Contractor shall participate in periodic reviews of the wrecker service and the inspection of equipment and required documentation. J. In providing wrecker service, the Contractor shall interfere as little as possible with the public use of rOads, walks and entrances to houses, and shall be responsible for making such temporary provisions as are ~equired to maintain at least one (1) lane of traffic open. K. The City shall have the right to cancel a call until such time as the wrecker arrives on the scene. The City or the owner of the vehicle or trailer shall not be charged for a canceled call. The term "arrives on the scene" is construed to mean that the responding wrecker has arrived within the close (agreemntlwrecker) May 16, 1995 A-2 'w' ""'" physical proximity of the vehicle or trailer to be towed and the wrecker has stopped in preparation for performing the towing service. L. The driver of any disabled vehicle or trailer shall have the right to contact a wrecker service of his choice. M. If the City determines that Q vehicle or trailer was towed in error at the request of the City, there shall be no charge for the services rendered. N. At the request of the City, Contractor shall tow all abandoned vehicles at no charge to the City. The City shall surrender all salvage rights to such vehicles to the Contractor and shall not retain any liens upon the vehicles. O. Contractor shall assume responsibility for any towed vehicle or trailer, accessories and any property contained within the vehicle or trailer at the time the wrecker is hooked to the vehicle or trailer to be towed. The Contractor shall inventory all personal property contained in the vehicle or trailer at that time or endorse the inventory prepared by the police officer in charge. P. On a monthly basis, the Contractor shall submit to the Police Department a list of all vehicles towed pursuant to this Agreement describing each vehicle by make, year, model, vehicle identification and tag number. Q. The Contractor shall maintain for four (4) years following the towing of any vehicle pursuant to this Agreement the following records of such tow: where the vehicle was towed from; the date towed; the driver who towed the vehicle; where it was towed; a complete description of the vehicle; the name and address of the registered owner; the date and disposition oi the vehicle; and all correspondence sent or received concerning the vehicle. R. All equipment and vehicles utilized by the Contractor shall comply with all applicable federal, state, and loce.l regulations. (agreemntlwrecker) May 16, 1995 A-3 '-'" ..", s. The Contractor shall provide and maintain a two-way radio communication system between its office and all vehicles used in performance of these wrecker services. The Contractor shall also maintain a direct telephone line for incoming police calls. T. The Contractor shall maintain all vehicles and other equipment utilized in the performance of these wrecker services in a clean and sanitary condition at all times. u. All vehicles towed by the Co~tractor over the public streets of the City of Edgewater shall be moved in such a manner as is necessary to prevent leakage, spillage or blowing of materials. v. The name of the Contractor and its telephone number shall be prominently displayed on all vehicles utilized in the performance of these wrecker services. w. Contractor shall have available a minimum of four (4) wreckers to provide these wrecker services including: two (2) Class "A" wreckers; one (1) Class "C" wrecker; and one (1) Roll Back car carrier. The Class "C" wrecker may be available through written agreement with another company. x. Contractor shall have the capability and equipment necessary to tow City fire trucks and semitrailers. Y. All wreckers shall be of recognized commercial make and shall have a wrecker winch (chc.ssis) and truck towing capacity suitable for the removal and towing of vehicles and trailers contemplated by the City. A:l classes of wreckers shall nave the underreaches and/or wheel lifts necessary for towing late model vehicles. Z. Contractor shall maintain a primary storage garage and/or outside storage facility complying with all applicable building and zoning regulations within seven (7) miles of the Edgewater city limits. AA. The storage facllity shall contain a minimum of two hundred (200) spaces in an area which is completely fenced. (agreemnt/wrecker; May 16, 1995 11,-4 ~ .."" BB. Contractor shall have available a minimum of two (2) spaces inside a building for the storing of vehicles or trailers which require police processing for investigative purposes. Such vehicles or trailers shall be marked "HOLD". These spaces shall be maintair:.ed to provide protection from the weather and security from the general public. There shall be no charge to the City for the storage of vehicles or trailers marked "HOLD". CC. The Contractor shall provide the Police Department with reasonable assistance, including the availability and use of a wrecker, for the examination of vehicles or trailers stored by the Contractor. DD. The Contractor shall have an employee on duty at the storage facility or upon immediate call to the facility twenty-four (24) hours a day, seven (7) days a week including holidays. EE. The storage facility shall be subject to inspection by the City prior to the award of the bid and subject to periodic inspections by the City when deemed necessary to insure compliance with these requirements. FF. Vehicles or trailers seized for forfeiture by the City shall be stored at no charge to the City. GG. The Contractor shall take all reasonable steps to protect all stored vehicles, trailers and their contents from theft and damage. HH. Personal property contained within a vehicle or trailer stored by the Contractor shall ;-,0-::: be disposed of to defray any charges for towing or storage except as provided by law. II. Upon payment of all charges and presentation of proof c:1: ownership or right of possession, the Contractor shall release any stored vehicle, trailer or personal property cor:.tained therein to the appropriate person. The Contractor shall obtain a signed receipt from the person to whom the vehicle, trailer or property is released. Any vehicle or trailer (agreemnt/wrecker) May 16, 1995 A-5 ...... v marked "HOLD" by the Edgewa~er Police Department shall not be released without the consent of the Police Department. JJ. The Contractor shall provide any person seeking to reclaim a vehicle, trailer, or personal property with an itemized statement of all charges for services rendered. KK. No owner, partner, officer, or employee of the Contractor shall have been: (1) convicted of any felony for which the individual's civil rights have not been restored or (2) convicted of any felony or first degree misdemeanor directly related to the business of operating a wrecker service regardless of whether the individual's civil rights have been In addition to any other felony or first degree misdemeanor directly related to the operation of a wrecker restored. service, any offense within the last ten (10) years involving perjury or false statement shall be considered to be directly related to the business of operating a wrecker service. LL. The Contractor shall not hire or retain any wrecker driver who has been convicted of: driving under the influence, driving with an unlawful blood alcohol level, or any other criminal traffic offense. II. Minimum Insurance Requirements A. Prior to the commencement of wrecker services, the Contractor shall procure and maintain a~ least the following insurance coverage with the limits specified herein. All insurance companies providing insuraEc2 under this Agreement stall be authorized to conduct business in the State of Florida and shall have a general policy holders rating of A or better and a financial rating of X or better according to the latest publication of Best Key Rating Guide, published by AM Best, Inc. . Said insurance shall be evidenced by delivery to the City of (1) a certifiea"", of insurance executed by t~~,2 insurers listing coverage and limits, expiration dates and (agreemntlwrecker) May 16, 1995 A-6 "-' ...", terms of policies and all eLdorsements whether or not required by the City, and listing all carriers issuing said policies; and (2) a copy of each policy, including all endorsements. The insurance requirements shall remain in effect throughout the term of this Agreement. 1. Workers' Compensation limits as Employers' Liability Insurance $100,000.00 per occur=e~ce. required of not by law less and then 2. Comprehensive General Liability Insurance including, but not limited to: Independent Contractor, Contractual, Premises/Operations, Products/Completed Operations and Personal Injury covering the liability assumed under the indemnification provisions of this Agreement, with limits of liability for personal injury and/or bodily injury, including death, of not less than $1,000,000.00 each occurrence; and property damage of not less than $100,000.00 each Occurrence. Combined Single Limits of not less than $500,000.00 each occurrence will be acceptable. Coverage shall be on an "occurrence" basis and the policy shall iLclude Broad Form Property Damage coverage and Fire :;:'egal Liability of not less than $50,000.00 per occurrence. 3. Comprehensive Automobile and Truck Liability covering owned, hired and non-owned vehicles with minimum limits of $1,000,000.00 each occurrence and property damage of not less than $100,000.00 each occurrence. Combined Single Limits of not less than $500,000.00 each occurrence will be acceptable. Coverage shall be on an "occurrence" basis, such insurance to include coverage for loading and unloading hazards. 4. $500,000.00 Combined Single Limits, personal injury and/or bodily, including death, and property damage liability insurance as an excess of the primary coverage required above. 5. Garage Keepers Legal Liability insurance in an amount reasonably sufficient to protect the owners of any and all vehicles towed or stored by the Contractor pursuant to this Agreement from loss or damages to such vehicle on account of such removal or storage. B. Each insurance policy shall include the following conditions by endorsement to the policy: 1. Each policy shall require that at least thirty (30) d~ys prior to expiration, cancellation, nonrenewal or any material change in coverage or limits, a notice thereof shall be given to the City by certified mail to: City Attorney, P. O. Box 100, Edgewater, Florida 32132-0100. Contractor shall also ~otify the City, in a like manner, within twenty-four (L4) hours after receipt of any notices of expiration, cancellation, nonrenewal or material change in coverage received by said Contractor from its insurer; ar,ci nothing contained herein shall absolve Contractor of this requirement to provide notice. (agreemnt/wrecker) May 16, 1995 l,-7 .... ...,., 2. The City of Edgewater shall be endorsed to the required policy o~ policies as an additional named insured. III. Term and Termination This Agreement shall be effective from May 17 1995, through May 17 , 1997, unless terminated earlier as provided herein. At the option of the parties, this Agreement may be renewed for two additional two year terms, provided however, that the Agreement may be amended to reflect the renegotiation of terms acceptable to the parties. All provisions of this Agreement are considered material. Upon the failure of Contractor to comply with any of the provisions of this Agreement within ten (10) days of written notice by the City of such deficiencies, the City may terminate this Agreement upon written notice to Contractor. IV. Compensation A. In consideration for the City's exclusive use of Contractor, Contractor shall submit to the Finance Director on the first day of each month the sum of ten dollars and no/100 ($10.00) per tow for those services performed by Contractor pursuant this Agreement along with copies of all invoices for services provided pursuant to this }\greement. The towing of City vehicles, abandoned vehicles, or other vehicles for which there will be no towing charge by the Contractor shall not be included in the determination of the number of monthly tows. B. Contractor may charge the owner of any vehicle being towed and/or stored at the request of the City the rates listed below: . .c. Pulling any vehicle out of soft sand or low water (minor/no complications) $35.00 Additional fee when V2:1icle towed to compound $20.00 (Complications: An additional fee of $20.00 per fifteen (15) mim:ctes of extra labor is allowed in complicated situations such as: vehicle stuck exceeds 6,000 lbs., is buried to axle and requires more than a single hook-up (~greemnt/wrecker) May 16, 1995 A-8 .... .... to remove; or vehicle is so deep in flood water that wrecker driver must wade out to it to make hook-up.) 2. Towing of vehicles 6,000 lbs. and under Single hook-up {includes first 1/2 hour at scene} $65.00 Towing of vehicles over 6,000 lbs. Single hook-up (includes first 1/2 hour at scene) $85.00 Towing of vehicles by Class C wrecker (includes first 1/2 hour at scene) $150.00 (Complications: An additional fee of $20.00 per fifteen (15) minutes of extra labor is allowed in complicated situations such as: removing a vehicle from a canal; need for more than one wrecker or hook- up to extricate vehicle from pole, tree, house, 8tC.; righting over-turned vehicle; dropping linkage/drive shaft in order to tow; at accident scenes where there is an unusually large amount of debris requiring extra time to clean up and remove.) 3. Service Charges: Change tire, jump star~, etc. $20.00 $25.00 When wrecker on scene and owner arrives 4. Storage Rates/Per Day: For less than six (6) hours: No charge Outside: $15.00 $20.00 Inside: Over thirty (30) days (inside or outside) $15 . 00 per day C. The City shall not be liable in the event of nonpayment by the owner of any vehicle being towed and/or stored by Contractor at the request of the City. D. At the option of the Contractor, an increase in the rates specified herein may be negotiated at the end of each year covered by this Agreement along with a corresponding i~crease in payment to the City. E. In consideration for the services to be provided by the Contractor, under the terms of this Agreement, the City hereby grants the Contractor all salvage rights that may be pe::-;J:itted by law on any vehicle which may be towed pursuant to this Agreement, excluding those vehicles seized and held for possible forfeiture by the City. (agreemnt/wrecker) May 16, 1995 A-9 '-' ..., ~ Independent Contractor Contractor is and shall be an independent contractor and operator, responsible to all parties for all of its acts or omissions and the City shall in no way be responsible for such acts or omissions. Contractor shall and will indemnify a::.d hold harmless the City from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions, including reasonable attorney's fees of any kind ana na~ure arising or growing out of or in any way connected with Contractor's provision of wrecker services to the City except as shall have been occasioned by the sole negligence of the City. VI. Complaints The City shall notify the Co~tractor of any reported failure to comply with the provisions of the Agreement. The Contractor shall take whatever steps are nec2ssary to remedy the cause of the complaint within twenty-four (24) hours and report to the City regarding the actio~ taken. The City and Contractor agree that the Contractor's failure to remedy the cause of the complaint shall be considered a breach of the contract and such failure may be grounds for termination of the Agree~ent pursuant to Paragraph r:r. VII. Availability of Records Contractor shall make available to the City upon request all reports, records, and other pertinent information relating to the Contractor's performance under this Agreement as may be required by the City. The City reserves the right, during normal business hours, to inspect and audit the Contractor's records pertaining to service provided under this Agreement. All records m~s~ be maintained at one central locatio~. (agreemnt/wrecker) May 16, 1995 A-.ID ..... 'V VIII. Misleadinq, Dishonest ana Illeqal Practices misleading, dishonest, or illegal practices with regard to the The Contractor warrants that it will not engage in any vehicles towed pursuant to this Agreement, and shall charge owners of vehicles only those amounts permitted under this Agreement for those services covered by this Agreement. In the event that an overcharge or other violation covered by this paragraph is reported to the City, the City shall promptly notify the Contractor of the alleged violation. If a satisfactory explanation is not received by the City within twenty-four (24) hours from the Contractor, or the violation is not otherwise remedied and assurances given that similar violations will not occur in the future within the twenty- four (24) hour period, such failure shall be grounds for termination of this Agreement pursuant to Paragraph III. IX. Performance and Pavrnent Bond Prior to the conunencement of ""recker services Contractor shall furnish a guarantee of performance in a form acceptable to the City Attorney in the amount of two thousand and 00/100 dcllars ($2000.00) . Contractor shall maintain such guarantee throughout the term of this Agreement. ~ Permits and Licenses The Contractor shall secure and pay for any permits, licenses, or any other governmental fees which may be applicable to the services performed under the provisions of this Agreement. XI. Compliance Contractor shall observe, obey, and comply with all ordinances, laws, rules and regulations of the City, State of Florida , and other governmental units or agencies which may be applicable to Contractor's perforrr.ance under this Agreement. (agreemnt/wreckerj May 16, 1995 A-ll .... ...." XII. Notices All notices or other cornm'1nications required or perrnicted under this Agreement shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail, return receipt requested, and addressed as follows: If to City: With a COpy to: City Manager City of Edgewater P. O. Box 100 Edgewater, FL 32132-0100 City Attorney City of Edgewater P. O. Box 100 Edgewater, FL 32132-0100 If to Contractor: John F. Reilly, Jr., President Edgewater Garage, Inc. 2033 South Ridgewood Avenue Edgewater, Florida 32141 (904)427-1703 XIII. Headinqs The descriptive headings appearing in this Agreement are for convenience only and are not to be construed either as a part of the terms and conditions hereof or as any interpretation thereof. XIV. Amendments This Agreement may only '..1'" amended by a written document signed by both parties. XV. Entire Aqreement This Agreement embodies ~~e whole uncierstanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or wri~~en, between the parties hereto. XVI. Assiqnment Contractor shall not assign its obligations hereunder withou~ the prior written consent of Cit~. (agreemnt/wrecker) May 16, 1995 A-J..2 ..... ...." XVII. Bindinq Effect All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. XVIII. Governinq Law This Agreement shall be governed by the laws of the State of Florida. IT WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA -L-f~ Susan J. ~adsworth City Clerk By: \../ APPROVED FOR FORM & CORRECTNESS: Kri~/ City Attorney WITNESSES: :,ilv~ ~~ I<:~'<JQ/\ EDGEWATER GARAGE, INC. ~~~ BY'#- ~~ee~ John F. Rei ly, J . President (agreemnt/wrecker) May 16, 1995 A-13