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HomeMy WebLinkAboutItem 06 Approval of Second Amendment to Agreement for City Wide Towing Services with Car Store of West Orange, Inc., and Sly’s Towing & Recovery LLC. V ocoee florid a AGENDA ITEM COVER SHEET Meeting Date: February 19, 2019 Item # 6 Reviewed By: At Contact Name: Scott Nylander Department Director: C. •r � Contact Number: 407-554-7104 City Manager: R. Frank %' Subject: Second Amendment to Agreement for City Wide Towing Services 'th Car Store of West Orange Inc. and Sly's Towing & Recovery LLC. Background Summary: The City of Ocoee utilizes a tow rotation and has contracts with Car Store Towing and Sly's Towing. The initial contract was a three year contract beginning on March 1, 2014, and ending on February 28, 2017, with two automatic one-year renewable extensions. The second automatic one-year renewable extension is set to expire on February 28, 2019. The rates in the contract are based on Orange County tow rates. Since the rates were re- negotiated last year and to allow time to re-solicit tow services, the Police Department is requesting the current contract be extended 6 months until August 28, 2019. Both the Car Store of West Orange Inc. and Sly's Towing & Recovery LLC. are in agreement with a 6 month extension. Issue: Should the Honorable Mayor and Board of City Commissioners approve a 6 month extension to the current towing contract with the intention to resolicit tow services? Recommendations Staff recommends approving the Second Amendment to Agreement for City Wide Towing Services with Car Store of West Orange Inc. and Sly's Towing & Recovery LLC. Attachments: 1) Agreement for City Wide Towing Services with Car Store of West Orange Inc. and Sly's Towing & Recovery LLC. 2) First Amendment to Agreement for City Wide Towing Services with Car Store of West Orange Inc. and Sly's Towing & Recovery LLC. Financial Impact: None Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading X Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney x N/A Reviewed by Finance Dept. I_ 1 AP N/A Reviewed by N/A 2 SECOND AMENDMENT TO AGREEMENT FOR CITY WIDE TOWING SERVICES This Second Amendment to the Agreement for Citywide Towing Services ("Amendment") is entered into between the City of Ocoee, a Florida municipal corporation, whose address is 150 N. Lakeshore Drive, Ocoee, Florida 34761 (referred to herein as the "City") and the Car Store of West Orange, Inc., a Florida corporation, whose address is 12811 W. Colonial Drive, Winter Garden, Florida 34787 (referred to herein as the "Contractor"). WHEREAS, City and Contractor have entered in that certain Agreement for City Wide Towing Services for a three (3) year period with an effective date of March 1, 2014 (the "Initial Agreement"); and WHEREAS, the Initial Agreement allows for two automatic one year renewable extensions; and WHEREAS, effective February 6, 2018, the parties agreed to a First Amendment to the Initial Agreement to make certain modifications and to extend the agreement for a one (1) year period; and WHEREAS, the Agreement and First Amendment thereto are collectively referred to as the "Agreement" for purposes of this Amendment; WHEREAS, under its terms, the Agreement can be extended for an additional six (6) month period; and WHEREAS, the parties agree it is in their mutual interest to extend the Agreement for an additional six (6) month period. 1 NOW, THEREFORE, for and in consideration of the foregoing recitals, the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The foregoing recitals are incorporated herein by reference as true and correct. Unless otherwise defined herein, any capitalized terms shall have the meaning and definition set forth in the Agreement. 2. Extension of Agreement. The Agreement shall be extended for an additional six (6) month period, as provided in the Agreement. 3. Effect of Agreement. Except as modified herein, the Agreement remains in full force and effect. In the event of any conflict or ambiguity between the Agreement and this Amendment, this Amendment shall control. 4. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original instrument, but all such counterparts together shall constitute one and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document. The parties acknowledge that they have read this Amendment and have executed this Amendment on the date set forth below. [Signature page to follow] 2 CONTRACTOR: Car Store of West Orange,Inc. By: (signature) Print: Title: CITY: CITY OF OCOEE, a Florida municipal corporation By: Rusty Johnson, Mayor Attest: Melanie Sibbitt, City Clerk FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE,FLORIDA; COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON ,2019 UNDER LEGALITY this day of ,2019. AGENDA ITEM NO. SHUFFIELD LOWMAN& WILSON,P.A. By: City Attorney • 3 SECOND AMENDMENT TO AGREEMENT FOR CITY WIDE TOWING SERVICES This Second Amendment to the Agreement for Citywide Towing Services ("Amendment") is entered into between the City of Ocoee, a Florida municipal corporation, whose address is 150 N. Lakeshore Drive, Ocoee, Florida 34761 (referred to herein as the "City") and Sly's Towing Recovery LLC, a Florida limited liability company, whose address is 119 5th Street, Winter Garden, Florida 34787 (referred to herein as the "Contractor"). WHEREAS, City and Contractor have entered in that certain Agreement for City Wide Towing Services for a three (3) year period with an effective date of March 1, 2014 (the "Initial Agreement"); and WHEREAS, the Initial Agreement allows for two automatic one year renewable extensions; and WHEREAS, effective February 6, 2018, the parties agreed to a First Amendment to the Initial Agreement to make certain modifications and to extend the agreement for a one (1) year period; and WHEREAS, the Agreement and First Amendment thereto are collectively referred to as the "Agreement" for purposes of this Amendment; WHEREAS, under its terms, the Agreement can be extended for an additional six (6) month period; and WHEREAS, the parties agree it is in their mutual interest to extend the Agreement for an additional six (6) month period. 1 NOW, THEREFORE, for and in consideration of the foregoing recitals, the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The foregoing recitals are incorporated herein by reference as true and correct. Unless otherwise defined herein, any capitalized terms shall have the meaning and definition set forth in the Agreement. 2. Extension of Agreement. The Agreement shall be extended for an additional six (6)month period, as provided in the Agreement. 3. Effect of Agreement. Except as modified herein, the Agreement remains in full force and effect. In the event of any conflict or ambiguity between the Agreement and this Amendment, this Amendment shall control. 4. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original instrument, but all such counterparts together shall constitute one and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document. The parties acknowledge that they have read this Amendment and have executed this Amendment on the date set forth below. [Signature page to follow] 2 CONTRACTOR: Sly's Towing Recovery LLC By: (signature) Print: Title: CITY: CITY OF OCOEE, a Florida municipal corporation By: Rusty Johnson, Mayor Attest: Melanie Sibbitt, City Clerk FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE,FLORIDA; COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON ,2019 UNDER LEGALITY this_day of , 2019. AGENDA ITEM NO. SHUFFIELD LOWMAN& WILSON,P.A. By: City Attorney 3 AGREEMENT.FOR CITY WIDE TOWING SERVICES THIS AGREEMENT is made by and between the CITY OF OCOEE, a Florida municipal corporation, 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "City") and THE CAR STORE OF WEST ORANGE, INC. a Florida corporation. 12811 West Colonial Drive, Winter Garden, FL 34787 (hereinafter referred to as the"Vendor"or "Contractor"). RECITALS WHEREAS, the City has made an award to the Vendor to perform the services set forth in Exhibit"A"("Scope of Services"). Exhibit"B" ("Services Rates") is attached hereto as and is incorporated herein by reference as a part of this Agreement; and WHEREAS, the Vendor is capable of performing the services as set forth in Exhibit"A" and agrees to perform the services pursuant to the terms of this Agreement and to charge a price for such services as specified in its Exhibit"B"; NOW THEREFORE, in consideration of the above Recitals, which are hereby incorporated herein by reference, and other good and valuable considerations exchanged between the parties hereto,the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. The Work. The Vendor shall perform in a timely manner, with its own forces or through an approved and licensed subcontractor, those services described in Exhibit "A"— Scope of Services (the "Work") as and when requested or required by the City. It is the intention of this Agreement to provide the terms and conditions under which the Vendor shall provide (1) towing services for private vehicles as provided in this Agreement at prices specified in Exhibit "B", which prices shall be paid by the owners of the private vehicles that are towed, as based upon Orange County, Florida rates; and (2) towing services for vehicles owned or operated by the City, as may be required by the City, at NO CHARGE to the City, except for other Non-Towing Charges as specified in Exhibit "B", which shall be invoiced as provided herein to the City and paid for by the City. Unless otherwise specified herein, the Vendor shall furnish all materials, tools, equipment, manpower, and consumables_to perform the Services. The Work may be adjusted and additional or different services may be requested by the City under this Agreement; and such modification shall be evidenced by an Addendum to this Agreement Section 2. Term of Agreement. This Agreement shall be for three (3) years commencing on March 1, 2014 (the "Effective Date") and ending on February 28, 2017. This agreement shall have an initial three (3) year period with two automatic one-year renewable extensions, for a maximum of five (5) total years; unless otherwise terminated Page: 1 Citywide Wrecker Towing by the City, in writing, at least sixty (60) days' prior to the annual renewal date(s). Price adjustments may be allowed per Section 3 Compensation, of this agreement. Section 3. Compensation. Vendor agrees to provide the Work as specified in Exhibit "A" for the prices specified in Exhibit "B", towing rates are based upon Orange County, Florida rates. Price adjustments may be authorized after the initial 3-year period, provided rates are amended by Orange County, Florida. Section 4. Payment. All invoices received by the City for Work under this Agreement that are provided for City owned vehicles are payable within (30) days from receipt, provided they have first been approved by the City, and the City has accepted the Work for which payment is sought. The City reserves the right, with justification, to partially pay any invoice submitted by the Vendor for amounts that are not disputed. All invoices shall be submitted in duplicate and directed to: City of Ocoee, Accounts Payable, 150 North Lakeshore Drive, Ocoee, FL 34761-2258. NOTE: ALL INVOICES MUST CLEARLY INDICATE: City Agreement for City-Wide Wrecker Towing Services. The City may also pay with a City issued visa purchasing card. The City of Ocoee, Florida has Florida Sales & Use Tax Exemption Certificate No. 85-8013779974C-0. Pursuant to Chapter 212, Florida Statutes, the City is exempt from federal excise, state, and local sales taxes. Section 5. General Conditions. A. Patents and Copyrights. The Vendor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product or device in performance of the Work, which is the subject of patent rights or copyrights. Vendor shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the Work, or any part thereof, furnished under this Agreement, constitutes an infringement of any patent or copyright of the United States. The Vendor shall pay all damages and costs awarded against the City in any judgment immediately upon demand by the City. . B. Vendor's Failure of Performance, Default, and Termination For Cause. 1. The performance of Work under this Agreement may be terminated for cause by the City, in whole or in part, in writing, whenever the City determines that the Vendor has failed to meet the performance requirements of this Agreement. Such failure of performance shall be identified by the City in a written notice of default. Page: 2 Citywide Wrecker Towing 2. The City has a right to terminate for default if the Vendor fails to cure the default; or if the Vendor fails to perform any other materials provisions of the Agreement and the City determines that public health and safety requires this Agreement to be terminated immediately. 3. The failure of the Vendor to perform the required Work within the time specified by the City in its written notice of default, or if no period of time is specified in the written notice of default, then within a reasonable time as determined by the City; or such failure by the Vendor to cure such non- performance when so requested by the City, shall constitute authority for the City to hire another Vendor to perform the Work. In all such cases,the Vendor or its surety, shall reimburse the City, within a reasonable time specified by the City, for any cost, expense or damages expended or incurred by the City in responding to such non-performance. The City may, at its sole option, withhold or set off any cost, expense or damages expended or incurred against amounts that may be due to the Vendor under this Agreement. The exercise by the City of its rights under this paragraph shall not constitute a waiver of any other right or remedy the City has under this Agreement or in accordance with law. 4. The City reserves the right to utilize such services in curing a non- performance by the Vendor which may be less than the standards of performance expected of the Vendor under this Agreement, without waiving any rights or remedies under this Agreement. C. Termination for Convenience. The City may terminate this Agreement at its convenience with thirty (30) days advance written notice to the Vendor. In the event of such a termination by the City, the City shall pay the Vendor for all Work properly performed prior to the effective date of termination and for all portions of materials, supplies, services, and facility orders which cannot be cancelled and were placed prior to the effective date of termination and other reasonable costs associated with the termination. D. Warranty. The Vendor warrants that the Work and all services, equipment and materials provided shall conform to the highest professional standards of quality, care and practice common to towing services in the industry in effect at the time the Work is performed, and be free from all faults, defects or errors. If the Vendor is notified in writing of a fault, deficiency or error in the Work, services, equipment or materials provided, then the Vendor shall cure such breach of its warranty not later than fifteen (15) days of receiving written notice of same. THE VENDOR SHALL BE LIABLE FOR ANY SECONDARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE RESULTING FROM ANY WORK PERFORMED UNDER THIS AGREEMENT. Page: 3 Citywide Wrecker Towing E. Time of Completion. The parties understand and agree that time is of the essence in the performance of this Agreement. The Vendor agrees that all Work shall be performed regularly, diligently, and uninterrupted in a reasonably timely fashion as may from time to time be determined by the City. F. Indemnification. To the fullest extent provided by law, Vendor shall indemnify, defend and hold harmless the City and all of its officers, agents and employees from all claims, loss, damage, cost, charges or expense including, but not limited to reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor, its agents, employees, or subcontractors during the performance of the Agreement. The City shall use its best efforts to promptly notify the Vendor in writing of any Claims for which it requires indemnification and shall provide the Vendor with information regarding the Claims as the Vendor may reasonably request; but the failure to give such notice or provide such information shall not diminish the obligations of the Vendor under this Section. G. Right to Audit Records. The City shall be entitled to audit the books and records of the Vendor or any sub-Vendor to the extent that such books and records relate to the performance of this Agreement or any sub-contract to this Agreement. Such books and records shall be maintained by the Vendor for a period of three (3) years from the date of final payment under this Agreement and by the sub-Vendor for a period of three (3) years from the date of final payment under the sub- contract unless a shorter period is otherwise authorized in writing. H. Safety Measures And Insurance. The Vendor shall be solely responsible for all safety precautions that are required to be taken in the performance of the services required under this Agreement and shall take all necessary precautions for the safety of the City's and Contractor's employees and the general public and shall erect and properly maintain at all times all necessary vehicular and facility safeguards for the protection of the workers and public. The Vendor shall provide such policies of insurance as identified in the attached Standard Insurance Requirements, which shall be evidenced by the submission to the City by the Vendor of an appropriate certificate(s) of insurance that acceptable to the City. The Vendor shall submit such appropriate certificate(s) of insurance to the City for approval not later than the effective date of this Agreement, and submit renewal insurance certificates to the City for the entire term of this Agreement. The Failure to provide the required insurance shall be considered a default under this Agreement. Addenda To This Agreement. The City, without invalidating this Agreement, may order changes in the Work within the general scope of this Agreement consisting of additions,deletions, or other revisions,the Agreement price and time being adjusted accordingly. All such changes in the Work shall be authorized by a written Addendum to this Agreement, and shall be executed under the applicable conditions of the Agreement. Page: 4 Citywide Wrecker Towing J. Familiarity With The Work. The Vendor by executing this Agreement, acknowledges full understanding of the extent and character of the Work required and the conditions surrounding the performance thereof The City will not be responsible for any alleged misunderstanding of the Work to be furnished or completed, or any misunderstanding of conditions surrounding the performance thereof Section 6. Miscellaneous Provisions. A. The Vendor shall not employ subcontractors without the advance written permission of the City. B. Assignment of this Agreement shall not be made without the advance written consent of the City. C. The Vendor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of Work under this Agreement. D. No waiver, alterations, consent or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by the City. E. The Vendor is to procure all permits, licenses, and certificates, or any such approvals of plans or specifications as may be required by federal, state and local laws, ordinances, rules, and regulations, for the proper execution and completion of the Work under this Agreement. F. The Vendor shall at all times clean up any debris, waste materials or rubbish caused by its operations in a safe manner and in compliance with all safety and traffic laws. G. The Vendor is responsible for all damages or loss by fire, theft or otherwise, to any vehicle that is towed under this Agreement and shall indemnify, hold harmless and defend the City against any and all claims that may be made concerning same. H. This Agreement is considered a non-exclusive Agreement between the parties. I. This Agreement is deemed to be under and shall be governed by, and construed according to, the laws of the State of Florida. J. As a condition precedent to the filing of any suit or other legal proceeding, the parties shall endeavor to resolve claims, disputes or other matters in question by mediation. Any party shall initiate mediation by serving a written request for mediation on the other party. The parties shall, by mutual agreement, select a mediator within fifteen (15) days of the date of the request for mediation. If the parties cannot agree on the selection of a mediator, then the City shall select the Page: 5 Citywide Wrecker Towing mediator who, if selected solely by the City shall be a mediator certified by the Supreme Court of Florida. No suit or other legal proceeding shall be filed until the mediator declares an impasse, which declaration, in any event, shall be issued by the mediator not later than sixty(60) days after the initial mediation conference. K. The parties agree that this Agreement was entered into in Orange County, Florida, and that the performance of the parties under this Agreement shall be deemed to be accomplished in Orange County, Florida, and that payment is due in Orange County, Florida, and that the venue for any mediation, collection or enforcement action under this Agreement shall be in the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida. The sole and exclusive venue of any litigation or other judicial proceeding between the parties shall be the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida. The laws of the State of Florida shall govern the validity, construction and performance of this Agreement without reference to its conflict of laws provisions. L. The undersigned hereby certify that this Agreement is made without prior understanding, agreement or connection with any corporation, firm or person who submitted bids for the Work covered by this Agreement and is in all respects fair and without collusion or fraud. As to Vendor, the undersigned hereby warrants and certifies that he is authorized to enter into this Agreement and to execute same on behalf of the Vendor as the act of the said Vendor. M. This Agreement, including Exhibit "A" and Exhibit "B" contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either party hereto. In the event there is an inconsistency between the terms of this Agreement and the provisions of Exhibit "A" and Exhibit "B", the terms of this Agreement shall control. IN WITNESS WHEREOF, Vendor and the City have caused this Agreement to be executed by their duly authorized officers effective as of March 1, 2014. (Signatures on next page) Page: 6 Citywide Wrecker Towing Witness: VENDOR: CAR STORE OF WEST ORANGE INC., a Florida corporation By:hP Lam,-s}v z /tie::/.C>.10 ,e Jfl Name: —Te / /'n Print Name: 6J _>: ,p Title: Li, �J1id„ (SEAL) Print Name: .5 .S)-4i L- r `:;- ATTEST: CITY OF OCO E, FL IDA edit a "t' •• �..� By: Bet Eikenberry, City.erk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE,FLORIDA; COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON DECEMBER 17, 2013 UNDER LEGALITY this 2_514 day of AGENDA ITEM NO. F_2. F 3 , 2014. SHUFFIELD,LOWMAN& ILSON,P.A. BY: �+v Ait •tt A.C•As.n, City • ••.ey Page: 7 Citywide Wrecker Towing Client#:1408025 131 CARSTO ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/TYYY) 2/24/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER CONTACT BBBtT-,f.Rolfe Davis Insurance NAME: PHO407 691-9600 � PO Box 4927 M E- No,NE Ext): (FArc,No): 888 635.4183 EMAIL Orlando,FL 32802-4927 ADDRESS: 407 691-9600 INSURER(s)AFFORDING COVERAGE NAMtl INSURERA:Westfield Insurance Company 24112 INSURED INSURER e:Bridgefield Employers Insurance 10701 Car Store of West Orange Inc Car Store Transport Company` INSURER C 12811 W.Colonial Drive INSURER D: Winter Garden, FL 34787 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1-14/15 Master EAI REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER LTR TYPE OF INSURANCE POLICY EFF POLICY EXP INSR,WVD POLICY NUMBER jMM/OD/YYYI) (MM/DD/YYY1) LIMITS A GENERAL LIABILITY X CSP5081569 12/23/2013 12/23/2014 EACH ppOCCC7pURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY PREMEaEotglgr ence) 5100,000 CLAIMS-MADE X OCCUR I MED EXP(Any one person) $5,000 PERSONAL 8 ADV INJURY $2,000,000 GENERAL AGGREGATE s4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS-COMP/OP AGG 54,000,000 POLICY JEOT- X LOC S A AUTOMOBILE LIABILITY X CSP5081569 12/23/2013 12/23/2014 COMBINED SINGLE LIMIT ANY AUTO (Ea acddenq X1,000,000 BODILY INJURY(Per person) $ ALL OWNEDSCHEDULED AUTOS X AUTOS BODILY INJURY(Per accident) s X HIRED AUTOS X NON-OAUTOS WNED : PROPERTY DAMAGE -(Per accident) $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE _S EXCESSILIAB CLAIMS-MADE 1 AGGREGATE S DED J RETENTION$ i $ B WORKERS COMPENSATION 83020931 WC STATU- 24F4- AND EMPLOYERS'LIABILITY Y r N 03/13/2013 03/13/2014 X TORY I IMRS ER ANYFICERR/PMEMBEREXCLUDE ECUTIVE N ''N/A E.L.EACH ACCIDENT Si 00,000 (Mandatory in NH) I E.L.DISEASE-EA EMPLOYEE 5100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 1 1 DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) The Certificate Holder Is Included as Additional Insured per'Additional Insured-Designated Person Or Organization'Form#CG2026 0704 with respect to General Liability. Additional Insured status Is granted with respect to Auto Liability if required by written contract per endorsement'Business Auto Expanded Endorsement'Form#CA7078 07/12. *Car Store Transport Company applies to Worker's Compensation Only CERTIFICATE HOLDER CANCELLATION City of Ocoee SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 150 N.Lakeshore Drive ACCORDANCE WITH THE POLICY PROVISIONS, Ocoee,FL 34761 AUTHORIZED REPRESENTATIVE l 0100a. o l.24*.i ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S11893378/M11892039 PSBE Fax Server EST 2/24/2014 10:22:44 AM PAGE 1/003 Fax Server fax message fax message fax message BB&T - J. ROLFE DAVIS INSURANCE 850 Concourse Parkway South, Suite 200 Maitland,FL 32751 Office: 407-691-9850 Fax: 888-635-4183 • Name/E-Mail: Priscilla Berry (pberry@bbandt.com TO: Joyce Tolbert COMPANY: PHONE#: FAX#l: 4079053194 DATE: 2/24/2014 10:22:32 AM MESSAGE: This is a 3 page document(including cover sheet) NOTE THE eIFORXA7ION COKTABED&7IHS FACSSBE YESSASE IS PRIVILEGED AND OCNFY]ENIIAL INFORMATION WBIDED ONLY FOR THE USE OF THE HIDMOUAL OR HATIY MGM ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED,RECJINENT,Yal ARE HERBY IMAM MAT MY DISS36IATK5I, DISMOJDON OR COPY OF THIS COYIRONICATIC i IS SIRIC1LY PROFPo8DED, IF YOU HAVE RECEIVED TMS OOMUNICAI1OR fr B2ROR,PLEAS NOTIFY US NIMEl7A7ELYBYMEM:tEMOAt-1M *ONOYW.IESSAGETOUS,THANK YOU. fax message fax message fax message Mayor Commissioners S. Scott VandergriftAOJohn Grogan,District 1 Rosemary Wilsen, District 2 City Manager Rusty Johnson, District 3 Robert Frank Joel F.Keller, District 4 oco e florida February 7, 2014 Todd Paquette,Vice President The Car Store of West Orange Inc. 12811 West Colonial Drive • Winter Garden, FL 34787 Re: City-Wide Wrecker Towing Services NOTICE OF APPROVED CONTRACT Please be advised that the City Commission approved contracts for City-Wide Wrecker Towing Services with The Car Store of West Orange Inc., RSC Corporation d/b/a Ace Wrecker Services, and Sly's Towing & Recovery LLC at the December 17, 2013 City Commission meeting for an initial three(3)year term, with two (2)automatic one-year extensions. Please execute and return the attached two (2) original contract documents within ten (10) business days along with the required certificate of insurance, naming the City as an additional insured. You will receive an original contract document once approved by the City. Services shall begin pursuant to the effective date established by the contract. The City looks forward to working with your company to provide City-Wide Wrecker Towing Services, and should there be any questions regarding the above, please feel free to contact me at extension 1516. Sincerely, /9 i Joyce Tolbert, CPPB Purchasing Agent attachment: contract(2 originals) cc:Steve Krug,Public Works Director City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761 phone:(407)905-3100 •fax:(407)905-3194•www.ocoee.org EXHIBIT"A" SCOPE OF SERVICES 1. Purpose The City Of Ocoee, Florida, in conformance with the policies and procedures of the City of Ocoee (City) and State of Florida Statutes, in the best interest of the public and the City, hereby establishes a multi-year Contract for City-wide Wrecker Towing Services for the removal and storage of vehicles that are creating a traffic hazard, abandoned, disabled from a traffic crash or for non- consensual removal of vehicles from public streets and areas within the City. This contract is for public roads and City vehicles only and does not include private. 2. Eligibility Contractors must comply with all of the minimum requirements set forth in this document. Contractor shall not have any pending criminal charges against the firm, principal owners, partners, corporate officers, or management employees. 3. Communications Contractor shall provide its own two-way radio or approved alternate communication system. The communications system shall be between Contractor's base station and service trucks that provide towing services for the City. The communication system shall be regularly checked and remain fully operational during the term of the Contract. 4. Storage Facilities The vendor shall maintain storage and outside storage facilities complying with all applicable building and zoning regulations located within a ten (10) mile radius from the City of Ocoee Police Department located at 646 Ocoee Commerce Parkway, Ocoee, Florida 34761 and contiguous to the Vendors base of operations other than further specified in this section. Such Facility will meet or exceed the following criteria. Page: 8 Citywide Wrecker Towing 4.1. Inside Storage 4.1.1. Roof; wall; solid floor, i.e., concrete or asphalt, free of standing water and vegetation; lockable door; alarm system approved by the Police Department. The area shall be accessible to authorized personnel only 4.1.2. Working area of 9'x20' per vehicle with at least a 10' ceiling. 4.1.3. Have a hydraulic rack capable of lifting vehicles totally off the floor or equivalent facilities to permit Police investigators to stand below the vehicle to make thorough investigations. 4.1.4. Electrical lighting source sufficient to permit processing of vehicle 4.1.5. One (1) outside window or ventilation system. 4.1.6. May not be located on the physical plant (grounds) of another business without prior approval of the Police Department; i.e., inside storage must be located inside the physical plant of the Contractor's business. 4.1.7. Contain a minimum of two (2) inside enclosed and secure storage spaces for the exclusive use of the Police Department. 4.2. Outside Storage 4.2.1. To be kept and maintained to include: the removal of junk tires and auto parts, the trimming of all shrubbery, trees and lawns (fence line and grounds), adequate drainage to prevent standing water after rainstorms.2. Must contain a minimum of fifty (50) spaces and housed so that a person may reasonably walk around each vehicle or trailer in an unobstructed manner 4.2.2. Must be protected with an alarm system, guard dog, or approved equal and must be enclosed with a solid wall or a substantial wire fence not less than six (6) feet in height. 4.2.3. Contractor must provide outside storage, at outside storage rates, unless he receives written instructions from the City or vehicle owner to provide inside storage for that vehicle. 4.2.4. The fence shall screen the enclosed area from public view, storage shall be fully illuminated, and barriers shall be affixed to the top of the fence or wall to discourage access over the top. The fence or wall shall be Page: 9 Citywide Wrecker Towing kept in good repair throughout the contract term. Damage to the fence or wall shall be repaired within twenty-four (24) hours. 4.3. Crime Scene Storage 4.3.1. A storage facility for vehicles, which have been marked "hold" by the Ocoee City Police Department relative to a crime scene investigation shall be stored at the Contractor's Principal Compound in an enclosed, secure area. 4.3.2. Any vehicle towed, stored, and marked "hold", relative to a crime scene investigation shall be handled with gloves, i.e. cloth, rubber or leather, by the wrecker operator, unless otherwise authorized by police personnel. 4.3.3. Crime scene vehicles shall be stored to prevent. physical contamination or degradable evidence from deteriorating by coverage of the vehicles with tarpaulin type covers, or their equivalent or by storage in an enclosed secure facility. 4.3.4. If laboratory work on a crime scene vehicle must be processed at the City of Ocoee Police Department or other local facility, the crime scene vehicle shall be transported at no charge to the city.All Contractor storage facilities shall be subject to inspection and must be approved by the City prior to the award of a contract. Storage facilities shall also be subjected to periodic inspection when deemed necessary by the Police Department or other authorized City personnel during the life of this contract. Any discrepancies in the sole opinion of the City shall be submitted in writing to the Contractor and tens (10) days shall be allowed by the contractor to correct the discrepancies to the satisfaction of the City. 4.4. Facilities Location Changes In the event all storage facilities of the Contractor are filled to capacity, the Contractor shall not be relieved of responsibility to perform and is required to make such arrangements for storage as will fulfill the requirements of the City. All storage space used, which is not listed in the original proposal, must meet the requirements of the Contract. No storage space or area shall be used or changed unless prior written approval is obtained from the Police Department. 5. Equipment Contractor shall have access to a certified scale to weigh vehicles at the Police Department's request. Contractor shall have a minimum of eight (8) vehicle Page: 10 Citywide Wrecker Towing skates to allow for the movement and positioning of vehicles for investigative purposes. 6. Towing Service Requests for public towing service and removal of traffic hazards shall be routed through the Police Department or the Code Enforcement Division. The Police Department or the Code Enforcement Division reserves the right to cancel a request for services from Contractor at any time, including up to time of hookup. Except in situations where a vehicle has a police hold, if the registered owner or other legally authorized person in control of the vehicle arrives at the scene prior to the removal or towing of the vehicle, the vehicle shall be disconnected from the towing or removal apparatus, and that person shall be allowed to remove the vehicle without interference upon payment of a reasonable service fee of not more than one half of the posted rate for such towing service for which a receipt shall be issued, unless that person refuses to remove a vehicle which is otherwise illegally or unlawfully parked. The Contractor agrees that the mere response to a service call scene without other action does not constitute a service for which charges are applicable. All vehicles being towed to Contractor's storage compound shall be taken directly to that area. Nothing herein will prevent the owner of a vehicle from selecting his/her own tow service. However, the Officer on the scene may take any action deemed necessary to clear the scene, including, but not limited to, cancellation of a wrecker up to time of hookup upon an unreasonable delay or an emergency condition. The location of the towed vehicles must be retained in the designated compound and removed only with proper authorization from the City of Ocoee Police Department. Should Contractor furnish a wrecker in a higher class than the one required for a particular class of vehicle, the only charges that would be authorized would be those for the proper class of wrecker for vehicle being towed. 6.1. Delays The Contractor shall respond to requests for service within thirty (30) minutes of the receipt of request for service. If longer than thirty (30) minutes, a penalty may be imposed. The penalty shall be fifty dollars ($50.00) unless the Contractor has good cause in the opinion of an authorized Police Department Representative or the Contract Administrator. Penalty fees may be imposed following written notification of any delay of service beyond thirty (30) minutes. Page: 11 Citywide Wrecker Towing 7. Cleanup and Debris Removal After arrival at a scene, the tow truck operator shall remove any hazards and/or debris from the street as requested by the Police Officer. 7.1. Removal of Hazardous Waste Spills After arrival at a scene, the tow truck operator shall remove any hazards and/or debris from the street as requested by the Police Department. The Contractor must ensure all tow truck operators that perform hazardous materials cleanup meet all training and prescribed requirements of all applicable laws, rules and regulations. In addition, it shall be the responsibility of the Contractor to properly dispose of all hazardous materials and debris in accordance with all applicable laws, rules and regulations. An additional fee may be charged for hazardous material removal in accordance with the current rates set forth in this Agreement. 8. Protection of Vehicles and Property In addition to the responsibility of providing security for stored vehicles, Contractor shall assume responsibility for any articles of value left in the vehicle and listed on the property receipt form. Contractor shall replace any such article upon verification of the loss by the designated investigative person representing the Police Department. Contractor shall assume total responsibility to ensure at time of tow that impounded vehicles shall remain in the same condition and retain the same equipment. The Contractor shall also assume responsibility for any articles of value left in the vehicle and listed on the Vehicle Inventory Receipt. Any complaints concerning thefts from a stored vehicle will be investigated by the Police Department and appropriate action taken. Provisions under this section do not preclude any aggrieved party from seeking remedy in the appropriate court. 8.1. Weatherproofing of Vehicle If, in the opinion of a Contractor and with the concurrence of the owner and/or the Police Department, the vehicle requires special weather protection, the Contractor will so note it on the vehicle storage receipt and the Contractor shall be required to completely cover the vehicle with a weatherproof material and shall be allowed to charge a one (1) time fee for this service per the Service Rates in this Agreement. No additional charges will be allowed. Page: 12 Citywide Wrecker Towing 9. Release of Vehicles The Contractor shall directly release any vehicle which has not been marked "hold" provided that the proper proof of identification and ownership is presented and payment of appropriate fees is received. Any vehicle tow which is marked "hold" will not be released without written authority from the Police Department. The Contractor shall release any vehicle towed in at the request of the Police Department only to the person whose name appears on the title or registration certificate as the registered owner or lien holder of the vehicle, or to the authorized agent of such person. The vehicles released by the Contractor shall be delivered to the public right of way at no additional charge. This shall include the use of any necessary equipment. Vehicles shall be available for release between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, and 10:00 a.m. to 2:00 p.m. Saturdays, excluding holidays. 9.1. All motor vehicles which have not been reclaimed must be disposed of according to applicable State, City, and County laws. 10. Viewing of Impounded Vehicles Contractor agrees to allow the registered owner of an impounded vehicle or the registered owner's agent or insurance representative, upon proper identification, to view said vehicle on the premises of Contractor. Contractor shall allow every vehicle owner or authorized representative to inspect the towed vehicle within a reasonable time upon his/her arrival at the storage facility and before payment of any charges. The vehicle's owner or representative shall be permitted to remove from the vehicle any and all personal possessions not affixed to the vehicle, including but not limited to telephones, tapes, tools, etc., and Contractor shall assist any vehicle's owner/agent in doing so. Vehicle owner/authorized representative shall acknowledge receipt of such property on a form provided by Contractor. No Vehicle marked hold will be allowed viewing or access without written consent of the Ocoee Police Department. 11. Equipment Availability If the Contractor sub-contracts, the Contractor is still responsible for meeting all of the requirements of these rules and regulations. 11.1. Contractor must have adequate up-to-date equipment and personnel (including certified drivers) capable of handling all types of vehicles and Page: 13 Citywide Wrecker Towing equipment in the safest possible way and in any situation that may arise to include underwater recovery. 11.2. Contractor shall use all appropriate equipment and safety procedures required to provide the services required of this contract. Failure to use proper equipment and safety precautions for each tow or retrieval constitutes a violation of the contract. 11.3. Contractor shall be responsible for all damages resulting from use of improper procedures and/or equipment. 12. Signage Contractor must post a City approved sign in its facility indicating charges authorized by the City, in accordance with this Contract. The sign must be minimum one (1) inch lettering and permanently and conspicuously posted in the area where the charges are paid to the Contractor. 12.1. The Contractor acknowledges it is an independent contractor and not an authorized agent, partner, affiliate, joint venture or representative of the City. The City is not responsible or liable for the acts, omissions, debts or default of the Contractor or its employees. 12.2. Contractor agrees that its tow sites or issued correspondence will not indicate any official relationship between the Contractor and the City Of Ocoee. 13. Forms The Contractor shall provide standardized, printed, sequentially numbered, City approved triplicate receipt forms listing the nature of the work performed. The rate schedule shall be printed on each copy of the form. The Contractor shall provide a separate invoice for each and every towing service provided under this contract. The basic information contained in the invoice shall include, but not be limited to, the following: A. Date of Service Call. B. Service call number assigned by City. C. Location where tow originated and destination. Page: 14 Citywide Wrecker Towing D. Vehicle VIN number. E. Vehicle make and model. F. Vehicle license number. G. Driver's name and I.D. number. H. Reason for the tow such as: crash, parking, road blockage, City vehicle, confiscated, abandoned/derelict, etc. Breakdown of all towing, recovery, or storage charges. J. The following information shall be printed or stamped on the invoice/receipt and provided to owner when vehicle is picked up: 1. A policy statement concerning rates, policies, and procedures provided by the City. 2. A list of all approved rates. 3. City telephone numbers for questions or complaints regarding the contract. (The type size and content of this information is subject to City approval.) 14. Reports and Owner Notification The Police Officer, Community Service Aide or Code Enforcement Officer on scene will be Responsible for obtaining the information required on the vehicle towing/storage receipt for all Titled vehicles. The Police Officer, Community Service Aide or Code Enforcement Officer is required to submit a report describing the circumstances requiring the dispatch of a tow truck. The wrecker driver shall not remove a vehicle from the scene without a copy of a fully executed and legible receipt. If, at the time of removal, the name of the registered owner of the vehicle is not available, it shall be the responsibility of the Police Department to supply this information to the Contractor upon request. If the state of registration is unknown, the Contractor shall make a good faith effort to notify any potential owner or lien holder, and such notice shall be given with a reasonable period of time from the date of storage. Good faith effort means the following has been performed by the Contractor to establish ownership or interest in the towed vehicle: Page: 15 Citywide Wrecker Towing A. Check of vehicle for any type of tag, tag record, temporary tag, or regular tag. B. Check of Law Enforcement Report for tag number, if the vehicle was towed at the request of a Law Enforcement Officer. C. Check of trip sheet or tow ticket indicating if a tag was on vehicle at beginning of tow. D. If there is no address of the owner on the impound report, check of Law Enforcement Report to see if an out-of-state address is indicated from the driver license information. E. Check of vehicle for inspection sticker or other stickers and decals that may indicate a state of possible registration. F. Check of the interior of the vehicle for any papers that may be in the glove box, trunk, or other areas for a state of registration. 14.1. The Contractor shall maintain a separate log of vehicles in which the owner or lien holder cannot be determined. This log shall be maintained at the tow location listing the date, time, method of notification; location towed from and total towing and storage charges. 14.2. The Contractor shall maintain, at his/her place of business, a file that will contain: 14.2.1 . Vehicle towing/storage receipt of each vehicle on premises towed under this contract and proof of ownership notification and invoice of charges for all vehicles released. These receipts will be maintained sequentially according to the Police Case Number or Code Enforcement Case Number, Log of all calls for service on a monthly basis. 14.2.2. Notification log indicating date, time and method of notification to the registered owner of a towed, stored vehicle. Copies of all release forms. 14.2.3. Copies of all forms pertaining to the disposal of vehicles not claimed by owner(s). 14.2.4. A log indicating vehicles to be auctioned, date of auction, name and address of owner and/or lien holder, and date contacted. Page: 16 Citywide Wrecker Towing 14.3. The Contract Administrator or designee reserves the right to examine any and all records relative to the contract, and said files and logs shall be available for inspection and checking during normal working hours, during the entire term of this contract and for three (3) years thereafter. 14.4. The Contractor shall supply to the City: a Copy of public notice of sale prior to date of sale, a detailed listing of vehicle serial numbers, tow receipt number, year, make and model number of vehicle, moneys received, purchaser's name and address. 14.5. Copy of paid towing/storage receipt on a monthly basis identified by the towing receipt number. 15. Default and Cancellation 15.1. The occurrence of any of the following events shall constitute cause for canceling the Contract, and the Contract shall in fact automatically terminate upon the following: 15.2. Failing to respond three (3) times during the course of any year to City's request for tows.(A delayed response in excess of thirty (30) minutes may not be considered a failure to respond.) 15.3. The Contractor filing an Adjudication of Insolvency, reorganization or bankruptcy. 15.4. Abandonment of the premises or discontinuance of operation. 15.5. The making of a general assignment for the benefit of creditors. 15.6. Exceeding rates authorized by this Contract. 15.7. An unsatisfactory annual review (by the Contract Administrator) specifying anyone of the following: 15.7.1. Deficient performance. 15.7.2. Criminal Conduct. 15.7.3. Violations of State, Federal or Municipal Laws or Regulations. 15.7.4. Sustained complaints of rude or discourteous service. Page: 17 Citywide Wrecker Towing 16. Competency of Contractor Pre-permit inspection of the existing or proposed facilities will be made after the submission of application. Applications shall be considered only from firms experienced in the towing business, and who can produce evidence that they have an established and satisfactory record of performance and have available the required equipment location, size and site and organization sufficient to ensure that they can properly execute the services required: Applicant must have all necessary county and local licenses and permits as may be required to operate the type of requisite business. The applicant is presumed to be familiar with all laws, ordinances, rules and regulations that may, in any way, affect the work. Ignorance of the foregoing on the part of the applicant will in no way relieve it from responsibility. Contractor shall provide standardized, printed sequentially numbered, City approved invoice forms listing the nature of the work performed, for the exclusive use of Police tows, Parking tows or Code Enforcement tows. A legible invoice shall be made for each and every vehicle towed. Contractor shall keep on file for three (3) years copies of all paid invoices, together with Vehicle Storage Receipts and any and all impound logs filed by sequentially incident numbered forms. These records shall be subject to inspection by designated City representatives during normal business hours. Contractor shall comply with all written procedures as issued jointly from time to time by the Parking Enforcement Division, the Police Department and the Code Enforcement Division, which will facilitate the release of towed and/or impounded vehicles to the owner. 17. Vehicle Classifications For charges as stated herein, fees charged shall be based on gross vehicle weight as set forth by per the Service Rates in this Agreement: 17.1. Towing Charge(s) - Maximum fee to be charged for towing each class of vehicle as set forth by per the Service Rates in this Agreement. This maximum fee shall include services associated with towing, winching, waiting time, overturning or use of a dolly or flatbed for any vehicle subject to tow. Contractor must have the ability to accept credit cards from the customer for the payment of storage and towing charges. • Page: 18 Citywide Wrecker Towing *Cancellation after tow services engaged (vehicle not towed from scene) only half of the towing fee may be collected. 17.2. Storage Charge(s) - Maximum fee to be charged for storage of each class of vehicle for each twenty-four (24) hour period, or portion thereof, after first six (6) hours, which is included in the above maximum towing fee as set forth by per the Service Rates in this Agreement.*Vehicles subject to forfeiture will not accrue storage or towing charges for the first thirty (30) days of storage. Contractor must have the ability to accept credit cards from the customer for the payment of storage and towing charges. 17.3. Service-call fees other than towing - A tow or hook-up fees and service-all fees are separate items. A service-call fee can be charged in addition to the tow service rendered i.e. repair flat or start vehicle. Any service call fee must be approved by vehicle owner prior to service provided. Service call fees are set forth by per the Service Rates in this Agreement. 17.4. Administration (After 48 Hours) Administrative charges referred to and include verification of a vehicle identification number, search of vehicle for ownership information, preparation of documents required by Florida Statutes, preparation and mailing of any applicable notification letters, preparation of vehicle for auction. Contractor must actually perform research to determine ownership of and notification to vehicle owner. Written documentation of the effort to ascertain ownership of the vehicle must be in the form of a TAVIS report and must be made available upon request. Administrative charges shall not be imposed on vehicles with a police hold until or unless the hold is removed and such administrative services become applicable. 18. Annual Performance Review, Inspections and Audits The City may conduct an annual performance review of the Contractor. Criteria to be evaluated will consist of, but not be limited to, response times, complaints received, care and custody of vehicles and owners' possessions, condition of facilities_and equipment, extent and clarity of records, and conduct of management and personnel. Such a review will be conducted ninety (90) days prior to the contract anniversary date and Contractor will be provided a written copy of the review. Within thirty (30) days of the sending of the review, Contractor shall respond to the review in writing, and the parties shall meet to discuss the review and other pertinent subjects. A final report that will consist of the review, Page: 19 Citywide Wrecker Towing Contractor's written response, and a summary of the annual review meeting will be prepared by City staff with a copy sent to the City Manager and Contractor. The Contractor agrees that all records, equipment, personnel, office and storage facilities shall be subject to periodic checks and quarterly audits by representatives of the City without prior notice. 19. General Terms 19.1. Any vehicle released at the scene by a Community Service Aide, a Code Enforcement Officer or a Police Officer may be towed to any location at owner or driver's request at towing rates in accordance with per the Service Rates in this Agreement. 19.2. Nothing herein will prevent the owner of a vehicle from selecting its own tow service. 19.3. Contractor shall abide by all applicable State, County and Municipal laws and regulations regarding impoundment and storage of vehicles. 20. Crime Victims Exemption If the towed vehicle is determined by the Police Department to be a crime scene and is being held for processing, no towing or storage charges shall be charged to the vehicle's owner. 21. Abandoned and Derelict Vehicles The Contractor may dispose of equipment to compensate for towing and storage charges after all responsibilities called for in accordance with Florida Statutes 713. The Contractor agrees to maintain a log at the place of business listing date, time, and method of notification. 22. Florida Statute Towing/Storage Guidelines Contractor will be required to follow the guidelines set forth in Florida State Statute 713.78 as it may be amended from time to time regarding liens for towing and storage. Contract will be required to comply with Florida State Statute 323.002 for municipal towing. Page: 20 Citywide Wrecker Towing 23. Equipment Requirements If awarded a contract, the Contractor is to provide the minimum number of wreckers in each classification listed below in accordance with the Rules of the Department of Highway Safety and Motor Vehicles Division of Florida Highway Patrol Wrecker Qualifications and Allocation System. Additional wreckers of a higher class may be substituted to meet the requirements for a lower class vehicle. If additional wreckers in any or all classes are required to handle the volume of tows requested under this contract, the Contractor is to provide them at no cost to the City. Contractor agrees to maintain a sufficient fleet of tow trucks and necessary equipment to perform the total contract service requirements, plus all other business including law enforcement and commercial. The City will be given preference on any call for service. All equipment shall be modern, commercially manufactured, and in good mechanical condition. No towing service equipment shall be used by the Contractor as an emergency vehicle. All towing vehicles must be equipped with a two-way radio or similar devise capable of covering all assigned territory and to the Contractor's Compound. Contractor shall have full control and total availability of all equipment listed below in his/her contract inventory. A. Class "A" Towing/Recovery Vehicle Specifications Quantity: 2, including flatbed car carriers 1. A truck chassis with a manufacturers rated capacity of at least 10,000 pounds gross vehicle weight. A complete commercially manufactured crane and winch having a manufacturers rating of at least 4+ tons must be mounted on the chassis. Hand crank winches do not satisfy these requirements and will not be approved. 2. A minimum of one hundred feet of 3/8-inch cable. 3. Cradle or tow plate or tow sling to pick up vehicles. The cradle or tow plate is to be equipped with safety chains and so constructed that no further damage will occur when picking up vehicles. 4. Dual rear tires. Page: 21 Citywide Wrecker Towing 5. Vehicles, which are equipped with wheel lifts or equivalent, may also qualify as Class "A" tow trucks so long as all other applicable requirements are met. 6. In addition, Contractors should have sufficient roll-back or slide back car carriers with specifications and equipment as follows: A minimum of a one- ton truck with a sixteen foot bed, dual wheels and one winch with an 8,000 pound capacity. A minimum of 50 feet of 3/8-inch cable. A brake lock device. A minimum of two safeties tie down chains twenty feet in length. Tow spot (flood) lights mounted on the rear. B. Class "B" Towing/Recovery Vehicle Specifications Quantity: 1 1. A truck chassis with a minimum manufacturer's capacity of 15,000 pounds GVW.A total boom capacity of not less than 6 tons. A power winch with a pulling capacity of not less than 10 tons 2. Minimum of 200 feet of at least 7/16 inch cable. 3. Cradle tow or tow sling to pick up vehicles. Cradle or tow plate to be equipped with safety chains 4. Double booms so constructed as to permit splitting or single boom, hydraulic elevated and extendible with 360 degrees swivel at end of boom 5. Dual rear tires. 6. Two snatch blocks — eight (8) ton rating. 7. Floor lights on the hoist. C. Class "C" Towing/Recovery Vehicle Specifications Quantity: 1 1. A truck chassis with a manufacturers rated capacity of at least 30,000 pounds gross vehicle weight for single axle trucks and 50,000 pounds gross vehicle weight for tandem axle trucks. A complete twin winch, commercially manufactured crane and a winch having a manufacturers rating of at least 25+ ton capacity mounted on the chassis. Page: 22 Citywide Wrecker Towing 2. A minimum of two hundred (200) feet of at least 5/8-inch cable on each drum. 3. Air brakes so constructed as to lock the rear wheels automatically upon failure. 4. Air brake system to supply air to disabled vehicles. 5. A cradle or tow plate or tow sling to pick up vehicle. The cradle or tow plate or tow sling is to be equipped with safety chain and so constructed that no further damage will occur when picking up vehicles. 6. Dual rear wheels. D. Special Equipment: Equipment such as a Lowboy, air cushions, or major street clean up equipment does not have to be part of the Contractor's inventory. However, Contractor must demonstrate, to the satisfaction of the City, that such equipment is immediately available to them when the need for this infrequently used equipment occurs. Lowboy specifications: 1. Hydraulic roll back, flatbed, tilt, self-loading with 50,000 minimum capacities. 60,000 pounds GVW. 2. Hydraulic winch capacity of 10,000 pounds minimum. 3. Size: 48 feet long and 102" wide. 4. Contractor must have access to a certified scale capable of weighing vehicles involved in serious or fatal accidents at the request of the investigator. Note: The COMPANY will be required to have a minimum of two (2) vehicles available at all times to respond within thirty (30) minutes to an emergency scene, on a twenty-four (24) hour basis, seven (7) days a week, to assist the Ocoee Police or Fire Departments with extrication. E. Miscellaneous Requirements 1. Wreckers shall be properly equipped with clearance and marker lights and all other equipment as required by the Florida Statutes. Page: 23 Citywide Wrecker Towing 2. There shall be a rotor beam or strobe type light, amber in color, mounted on the wrecker in such a manner that it can be seen from the front, rear and both sides. 3. Dollies for all vehicles except for Class "C" and roll back carriers. 4. At least one heavy duty push broom with a minimum width of 24 inches on each vehicle. 5. Flood light on the hoist. 6. Minimum of one square shovel per each vehicle. 7. One crowbar or pry bar with a minimum length of thirty (30) inches per vehicle. 8. A minimum of one 5 pound CO2, or dry chemical fire extinguisher or equivalent. The extinguisher must be of an approved type and have attached a current inspection tag. The extinguisher must be mounted so as to be readily accessible on every vehicle 9. One pair of bolt cutters with a minimum 1/2 inch opening per vehicle. 10. One set of jumper cables per vehicle. 11. One four-way lug wrench per vehicle. 12. One flashlight per vehicle. 13. Five thirty (30) minute fuses per vehicle. 14. One snatch block for each winch, manufacturers rating to match winch, except for roll back carrier. 15. External air hookup and hoses for Class "C" trucks. 16. Extra towing chain six to eight feet in length with hooks per vehicle. 17. At least six safety cones or triangle reflectors per vehicle. 18. Fifty pounds of sand or suitable equivalent per vehicle. 19. Motorcycle trailer. (End of Exhibit "A") Page: 24 Citywide Wrecker Towing EXHIBIT "B" SERVICE RATES Services are to be provided at no charge to the vehicle or trailer, owner or his designee whenever service was requested in error pursuant to an Ocoee Police Department request. Such charges are to be billed to the Ocoee Police Department at the rates as specified herein. THERE WILL BE NO CHARGE FOR TOWING VEHICLES OR TRAILERS SEIZED FOR FORFEITURE. AT THE REQUEST OF CITY PERSONNEL/ NON-CITY OWNED VEHICLES (Estimated 740 tows annually) CATEGORY ONE - LIGHT 1. Class A: Standard Tow—Towing Passenger Cars, Trailers, Trucks, and Special Service Vehicles, up to 10,000 pounds GVW, and Motorcycles and/or Motor Scooters, up to 10 miles: • Rate per tow, per vehicle or trailer: $125.00 • Rate per mile each additional mile over 10 miles, per tow, per vehicle or trailer: $3.00 • Storage per day per vehicle or trailer: $20.00 • Administrative Fee (after 48 hours): $45.00 • Time on scene (after first 30 minutes) per quarter hour: $15.00 • Winch recovery first 30 minutes: $100.00 • Winch recovery each additional 30 minutes: $50.00 CATEGORY ONE - LIGHT 2. Class B: Standard Tow-Towing Trucks, Trailers and Special Service Vehicles, over 10,001 pounds GVW up to 19,500 pounds GVW, up to 10 miles. • Rate per tow, per vehicle or trailer: $250.00 • Rate per mile each additional mile over 10 miles, per tow, per vehicle or trailer: $4.00 • Storage per day per vehicle or trailer: $30.00 • Administrative Fee (after 48 hours): $45.00 • Time on scene (after first 30 minutes) per quarter hour: $50.00 • Winch recovery first 30 minutes: $175.00 • Winch recovery each additional 30 minutes: $87.50 Page: 25 Citywide Wrecker Towing CATEGORY TWO - HEAVY 3. Class C: Standard Tow-Towing Trucks, trailers, and Special Service Vehicles, Over 19,500 pounds GVW up to25, 000 pounds GVW, up to 10 miles: • Rate per tow, per vehicle or trailer: $375.00 • Rate per mile each additional mile over 10 miles, per tow, per vehicle or trailer: $5.00 • Storage per day per vehicle or trailer: $60.00 • Administrative Fee (after 48 hours): $45.00 • Time on scene (after first 30 minutes) per quarter hour: $75.00 • Winch recovery first 30 minutes: $300.00 • Winch recovery each additional 30 minutes: $150.00 CATEGORY TWO - HEAVY 4. Class D: Standard Tow-Towing Trucks, trailers, and Special Service Vehicles over 25,000 pounds GVW, up to 10 miles: • Rate per tow, per vehicle or trailer: $500.00 • Rate per mile each additional mile over 10 miles, per tow, per vehicle or trailer: $6.00 • Storage per day per vehicle or trailer: $60.00 • Administrative Fee (after 48 hours): $45.00 • Time on scene (after first 30 minutes) per quarter hour: $100.00 • Winch recovery first 30 minutes: $400.00 • Winch recovery each additional 30 minutes: $200.00 STORAGE RATE The daily rate for storing a vehicle in storage is based on a Twenty-four (24) hour day. The first six (6) hours of each storage shall be free (i.e., from time of arrival at the storage facility through the sixth hour thereafter).Subsequently, and for each twenty-four (24) hour or portion thereof, a storage fee may be assessed in accordance with the bid. The maximum rates the Vendor is to charge vehicle or trailer owners or their designees for storage is as specified in Exhibit"B". THERE WILL BE NO CHARGE FOR STORAGE FOR VEHICLES OR TRAILERS SEIZED FOR FORFEITURE IF THE OCOEE POLICE DEPARTMENT OBTAINS A FINAL JUDGEMENT OR FORFEITURE. Page: 26 Citywide Wrecker Towing HOURLY CHARGE In addition to the maximum rates charged owners or their designees for towing services, the Vendor is allowed to charge a additional rate as specified below to cover all charges for any and all additional equipment including additional •tow trucks, tools and consumable items to perform any and all of the following: Servicing rollovers or submerged vehicles or trailers. Dropping (releasing) drive shafts on vehicles over one (1)ton only. Removing bumpers on vehicles one (1) ton and over only. Airing up brakes. • Providing air bags. Note: 1. The Vendor is not allowed to charge separately for each of the above items; only one additional hourly rate is to be charged regardless of the number of circumstances involved and services performed. 2. The Vendor is not allowed to charge in addition to the tow fee for: Dropping (releasing) drive shafts on vehicles up to one (1) ton, or for Double hookups. CATEGORY ONE - LIGHT • $80.00 per hour for towing Passenger Cars, Trailers, Trucks, and Special Service Vehicles, up to 10,000 pounds GVW, and Motorcycles and/or Motor Scooters • $40.00 per hour for towing Trucks, Trailers and Special Service Vehicles, over 10,001 pounds GVW up to 19,500 pounds GVW. CATEGORY TWO - HEAVY • $40.00 per hour for towing Trucks, trailers, and Special Service Vehicles, Over 19,500 pounds GVW up to25, 000 pounds GVW. • $200.00 per hour for towing Trucks, trailers, and Special Service Vehicles over 25,000 pounds GVW. Page: 27 Citywide Wrecker Towing AIR BAGS $300.00 per hour for use of air bags for trucks and special service vehicles over two and one-half(2.5) tons. FIXED RATE CHARGES In addition to maximum rates charged owners or their designees for towing services, the Vendor is allowed to charge an additional fixed fee of $50.00 per tow to utilize dollies. At the request of the City, written justification is to be submitted for use of dollies under circumstances in question by the City. WAITING TIME The Vendor may charge for waiting time after the first (30) minutes at the hourly rate specified in this section on a pro-rate basis in fifteen (15) minute increments as further specified below: Total Waiting Time Pro-Rata After the First Thirty Minute-Amount$75.00 31 to 45 minutes - One quarter of the hourly rate. 46 to 60 minutes - One half the hourly rate. 61 to 75 minutes - Three quarters the hourly rate. 76 to 90 minutes - One full hourly rate. ADDITIONAL SERVICES The Vendor is to respond to request from the Ocoee Police Department officer at the scene to unlock a vehicle door by means of a slim Jim or other similar device when no tow is required. The Vendor agrees to charge a flat fixed fee specified below to unlock vehicles when no tow is required: The Flat Fixed Fee to Unlock Vehicle Doors is $50.00 If the Vendor is unable to unlock the vehicle door(s), no charge for this service is to be incurred by either the city or the vehicle owner or his designee. The Vendor agrees to charge a fixed flat fee specified below to weatherproof a vehicle when advised to do so by the owner and/or the Ocoee Police department of$15.00 The Vendor agrees to charge a flat fixed fee to Immobilize (Booting) a vehicle of$100.00 The vendor agrees to charge only the actual cost incurred for Hazardous waste removal. Documentation will be provided upon request. Page; 28 Citywide Wrecker Towing ALL ACTUAL COST INCURRED IN OBTAINING OWERSHIP INFORMATION AND PROVIDING NOTICE Applicable only when company providing service must actually perform research to determine ownership of and notification to vehicle owner, lien holders or insurance companies. Written documentation of the effort to ascertain ownership of the vehicle must be in the form of a TAVIS report or similar documentation and be made available for inspection by the City upon request. Costs shall mean actual fees charged by the State of Florida for obtaining ownership information and shall include the cost of actual postage fees, advertising fees (if more than a single vehicle is advertised in the same advertisement the cost of the advertisement shall be prorated per vehicle), and title search for out-of-state vehicles. Proof of all costs incurred by company must be made available for inspection by the City upon request. Recovery Pursuant to Section 715.07(2) (a), 3. Florida Statutes, the vehicle shall be disconnected from the towing apparatus upon the payment of not more than one-half of the rate for towing service. For all classifications of vehicle recovery, where the vehicle is released at the scene, the maximum fee for the category of recovery shall be one-half of the applicable towing rates established by the vehicle's maximum gross vehicle weight rate under Item # 1, Categories and Fees. The category' of recovery is hereby established and defined as follows: to take possession of a vehicle and its contents and to exercise control and supervision over the vehicle. This category is established to provide for those occasions where the vehicle owner arrives at the towing scene before towing and removal, or in the case of a non-consensual tow, where the recovery is directed by law or municipal enforcement, Storage Pursuant to Section 713.78 (2), Florida Statues, no storage fee shall be charged if the vehicle removed is stored for less than six (6) hours. Vehicle storage begins at the time the vehicle arrives at the storage facility and charges are based on each day which shall mean each consecutive twenty-four hour period from the time of arrival. The category of Storage for Vehicles removed at the request of an authorized agent, property owner or law enforcement officer, derived from the Ordinance definition of"store", is hereby established and defined as follows: To place and to leave a vehicle towed at the direction of an agent authorized to make the direction to a site where the towing company, or a person on the initiation of the towing company, exercises control and supervision over the vehicle. Exclusive Fees The amount of fees and the fee categories established by this Part shall be exclusive fees. In other words, there shall be no other fees or categories of service that business enterprises, may demand and collect from vehicle owners. Page: 29 Citywide Wrecker Towing Towing Rates The rates herein are based upon rates charge by Orange County. Shall Orange County rates be amended; the City Of Ocoee reserves the right to also amend rates herein. Personal Property An owner of a vehicle shall be allowed to remove personal unattached property from their vehicle on a "one time" only basis at no additional charge. An additional charge of twenty dollars ($20.00) may be assessed for each subsequent request to remove personal unattached property. No other charges may be imposed. (Remainder of page left blank intentionally). Page: 30 Citywide Wrecker Towing AT THE REQUEST OF CITY PERSONNEL / CITY OWNED OR OPERATED VEHICLES (Estimated 85 tows annually) The maximum rates to be charged the City for towing, road service or storage services for any vehicle or trailer which is owned, operated, or leased by the City (except leased vehicles or trailers where the lessor is responsible for the required towing) from its point of disability (whether same be within the City or in an outlying area within Orange or Seminole or Lake County, usual and customary to the particular usage of the vehicle by the City) to any point within the City, as may be directed. CATEGORY ONE - LIGHT Class A: Standard Tow - Towing Passenger Cars, Trailers, Trucks, and Special Service Vehicles, up to 10,000 pounds GVW, and Motorcycles and/or Motor Scooters, up to 10 miles: • No charge per tow, per vehicle or trailer. • No charge for each additional mile over 10 miles per mile, per tow, per vehicle or trailer. Class B: Standard Tow- Towing Trucks, Trailers and Special Service Vehicles, over 10,001 pounds GV\N up to 19,500 pounds GVIN, up to 10 miles: • No charge per tow, per vehicle or trailer. • No charge for each additional mile over 10 miles per mile, per tow, per vehicle or trailer. CATEGORY TWO - HEAVY Class C: Standard Tow-Towing Trucks, trailers, and Special Service Vehicles, over 19,500 pounds GVIN up to 25,000 pounds GVW, up to 10 miles: • No charge per tow, per vehicle or trailer. • No charge for each additional mile over 10 miles per mile, per tow, per vehicle or trailer. Class D: Standard Tow- Towing Trucks, trailers, and Special Service Vehicles, over 25,000 pounds GVW, up to 10 miles: • No charge per tow, per vehicle or trailer. • No charge for each additional mile over 10 miles per mile, per tow, per vehicle or trailer. THE CITY WILL NOT ACCEPT ADDITIONAL CHARGES FOR ANY TOWING SERVICES PROVIDED. Page: 31 Citywide Wrecker Towing STORAGE RATE The daily rate for storing a vehicle is based on a twenty-four (24) hour day. The first six(6) hours of each storage shall be free (i.e., from time of arrival at the storage facility through the sixth hour thereafter). Subsequently, and for each twenty-four (24) hour or portion thereof, a storage fee may be assessed in accordance with the bid. The maximum rates the Vendor is to charge a vehicle or trailer owned by the City of Ocoee for storage is: • No charge for General Storage for a City of Ocoee vehicle. ROAD SERVICES The Vendor is allowed to charge a fixed flat rate for road Services as specified below: • Battery Boost Flat Fee: $50.00. • Tire Changing Flat Fee: $50.00. (End of Exhibit "B") Page: 32 Citywide Wrecker Towing STANDARD INSURANCE REQUIREMENTS: The Contractor shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Contractor allow any Subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best's Rating of"A" or better and a Financial Size Category of"VII" or better according to the A.M. Best Company. Policies for Workers' Compensation may be issued by companies authorized asa group self-insurer by F.S. 440.57, Florida Statutes. a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor and/or subcontractor providing such insurance. b) Workers' Compensation Insurance: The Contractor shall obtain during the life of this Agreement, Worker's Compensation Insurance with Employer's Liability Limits of $500,000/$500,000/$500,000 for all the Contractor's employees connected with the work of this project and, in the event any work is sublet, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers' Compensation Law. In case any class of employees engaged in hazardous work under this contract for the City is not protected under the Workers' Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the City, for the protection of the Contractor's employees not otherwise protected. • Include Waiver of Subrogation in favor of the City of Ocoee c) Contractor's Public Liability and Property Damage Insurance: The Contractor shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the Contractor and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor, and the amounts of such insurance shall be the minimum limits as follows: 1) Automobile Bodily Injury Liability & Property Damage Liability • $1,000,000 Combined single limit per occurrence (each person, each accident) • All covered automobile will be covered via symbol 1 • Liability coverage will include hired & non-owned automobile liability • Include Waiver of Subrogation in favor of The City of Ocoee 2) Comprehensive General Liability (Occurrence Form) - this policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Contractor is primary and non-contributory. • $2,000,000 GENERAL AGGREGATE • $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE • $1,000,000 PER OCCURRENCE • $1,000,000 PERSONAL &ADVERTISING INJURY • Include Waiver of Subrogation in favor of the City of Ocoee Page: 33 Citywide Wrecker Towing 3) Subcontractor's Comprehensive General Liability, Automobile Liability and Worker's Compensation Insurance: The Contractor shall require each subcontractor to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subcontractors in the Contractor's policy, as specified above. 4) Owner's Protective Liability Insurance: (Not applicable for Towing Services) As applicable for construction projects, providing coverage for the named insured's liability that arises out of operations performed for the named insured by independent contractors and are directly imposed because of the named insured's general supervision of the independent contractor. The Contractor shall procure and furnish an Owner's Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence, $2,000,000. Aggregate and naming the City of Ocoee as the Named Insured, 5) Contractual Liability: If the project is not bonded, the Contractor's insurance shall also include contractual liability coverage to insure the fulfillment of the contract. NOTE: PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED. • $1,000,000 PER OCCURRENCE • $2,000,000 AGGREGATE 6) Commercial Umbrella: ■ $1,000,000 PER OCCURRENCE ■ $2,000,000 Aggregate • Including Employer's Liability and Contractual Liability 7) Builders Risk: (Not applicable for Towing Services) • $100,000 Any (1) Location ■ $1,000,000 Any (1) Occurrence 8) Certificates of Insurance: Certificate of Insurance Form (see sample attached), naming the City of Ocoee as an additional insured will be furnished by the Contractor upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Agent. This certificate shall be dated and show: i) The name of the Insured contractor, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, its termination date. ii) Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in provisions or cancellation of the policy, except ten (10) days written notice of cancellation for non-payment of premium. (Remainder of page left blank intentionally.) Page: 34 Citywide Wrecker Towing ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID (1c DATEIMITOW(rlsI PRA2E-1 11/04/04 .00auce5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Nam s INSURED . . INSURER AR E.,1 tarts.A. ___.._.. --- _ PISIIRERO. Contractor's Name PuuRwa Address --- -- ---" '--` WSL1RER I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BROW/LAVE BEEN OWED TO THE WSUREO RAVED ABOVE FOR THE POVCYPEAIUO INDICATED.NOTWTTRSTANONO ANY REOmRENENT,TERM OR CONDITION Of Nff CONTRACT ON OTHER DOCUMENT WITH RESPECT TO WNCH TH6CERTIFICATE MAY BE ISSUED OR NAY PERTAIN,TRE W A/RANCE AFFORDED BY TIE POLICIES DESCRIBE('HCREM IS SUBJECT TO NJ.THE TERMS.EXCLUSIONS AND CO NOITION$OF SUCH POLICIES.AGGREGATE UNITS SHOWN ANY NAVE BEEN REDUCED IT IAA CLAW OTS LTR IS� BA LM� TYPE OF INSURANCE t POLICY NUMBER ,OATETIN LASTS 10 ENERAL.LVJBIUrf 1 EACHOCCURRENCE S1,000,000 -GACAMt Iu mow.' % X 1 COMMERCIAL GENERAL LUBVTY i PREMISES(E*R ,«R) 550,000 r 1-1 cvims/JADE a OCCUR I I I me CEP IA TTEnn pos.) 5 5,00 0 I HA PERSONAL 1ATM( IRY 1 1,000,000_. F�0EIIERM ACGREOATE 12,000,12,000.000 I OEIII AGGREGATELIWTANKIES PER I fPR001'CT5•COMPrOPAGG $2,000,000 r1 POLE:Y 071n Loc I --- It j AvroMoeae L Aeum I 1 I 1 j�: l TIOLE 11,000,000 Am Aero ._---I ALL OWNED AUTOS I (1001LY INJURY I SCIIEOUL ED AUTOS 1-6007-I -LY -- 1% MIREDNNITOS i i 16pOtYPWRY I I X NOOY/NEO AUTOS I(PB mulct.) ! PROPERTYDAMAOE S I I LPW sIU,YMI 1 I GARAGE IIABIUIY I t AUTOO,RY•EA ACCIDENT S rANY I I OTHER THAN EA ACC-S : I I I AUTO ONLY' AGO S 1 II EXCESSNMBREILALARLTTY 1; EACH OCC00REIGE 11,000,000 % I--'OCCUR CLAIMS MAGE I AGGEG RATE 3 2,000,000 i 1 $ OEOlgnBLEI I 1-- $ ;RETENTION S I 1I WT,DIAIO• OTh• WERNER]COMPENSATION AND !XITORYLWRii IFA EAH.OYERB`LTNBJTY 1 16 L EACHACCIDENT I 500,000 I ANY PROPRIETORTMTNEIREAECUTFRi EL DISFASf•GEMPLOYEE 1500,000 OFEICEILMEMBER EXCLUDE°, ! ;MIL pafmRW$ SB EL DISEASE•POUCY LINT 1 500,000 OTHER I Builders Risk ! , Any 1 Loc 100,000 I . i I ! Any 1 Occ 1,000,000 DESCRIPTION OP OPERATIONS/LOCATAA]J YENICEEI I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The insurance evidenced by this certificate shall name the certificate holders as an additional insured on the General Liability 0 Umbrella Liability. Workers' Compensation, Employers' Liability I General Liability shall contain a Waiver of Subrogation in favor of the certificate holder. The certificate bolder is added ae a raw imaxEd fir l I RL C. CERTIFICATE HOLDER CANCELLATION OCOSa01 SHOULD ANT OF THE ABOVE DESCRIBED BOMBES BB CNICRLE°5EFORE THE WIRATIOA DATE THEREOF,THE 113090 INSURER Trill ENDEAVOR TO AWL 10 OATS WMTEN NOTICE TO THE CERTIFICATE HERDER NAMED TO THE LEFT,BUT FAILURE T00010 SHALL City of Ocoee IMPOSE NO OBLMATION OR LABR RV Of AVT NINO UPON THE INSURER,(TS AGENTS OR 150 N. Lakeshore Drive REPaEBENTATFfEs. Ocoee FL 39761-2458 AUTHORREO REPRESENTATIVE ACORO 25(2001108) SA-Ak pi. e.! 0 ACORD CORPORATION 1s51 Page: 35 Citywide Wrecker Towing FIRST AMENDMENT TO AGREEMENT FOR CITY WIDE TOWING SERVICES This First Amendment to the Agreement for City-wide Towing Services ("Amendment") is entered into between the City of Ocoee, a Florida municipal corporation, whose address is 150 N. Lakeshore Drive, Ocoee, Florida 34761 (referred to herein as the"City") and the Car Store of West Orange, Inc., a Florida corporation, whose address is 12811 W. Colonial Drive, Winter Garden, Florida 34787 (referred to herein as the"Contractor"). WHEREAS, City and Contractor have entered in that certain Agreement for City Wide Towing Services for a three (3) year period with an effective date of March 1, 2014 (the "Agreement"); and WHEREAS, the Agreement allows for two automatic one year renewable extensions;and WHEREAS, the parties agreed to extend the agreement for one-year at the end of the initial three(3) year term; and WHEREAS, the Agreement requires Contractor to provide the Work specified therein for prices based upon the Orange County, Florida rates but allows for adjustment of the rates after the initial three(3) year period; and WHEREAS, Orange County duly modified its rates in Ordinance 2014-24, which was approved by the Orange County Board of County Commissioners on September 9, 2014 and took effect November 1, 2014; and WHEREAS, under its terms, the Agreement can be extended for an additional one (1) year term;and WHEREAS, the parties agree it is in their mutual interest to amend the rates as set forth in the Agreement to adjust the rates to the Orange County rates. NOW, THEREFORE, for and in consideration of the foregoing recitals, the sum of$10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The foregoing recitals are incorporated herein by reference as true and correct. Unless otherwise defined herein, any capitalized terms shall have the meaning and definition set forth in the Agreement. 2. Amendment to Exhibit"B". Exhibit"B"to the Agreement is hereby deleted and replaced in its entirety with the Exhibit"B", which is attached hereto and incorporated herein by reference. 3. Extension of Agreement. The Agreement shall be extended for an additional one (1) year term,as provided in the Agreement. 4. Effect of Agreement. Except as modified herein, the Agreement remains in full force and effect. In the event of any conflict or ambiguity between the Agreement and this Amendment,this Amendment shall control. 5. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original instrument, but all such counterparts together shall constitute one and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document. The parties acknowledge that they have read this Amendment and have executed this Amendment on the date set forth below. 2 CONTRACTOR: Car Store of West Orange,Inc. By Garrett Paquette President Date: 01/20/2018 CITY: CITY OF OCOEE, a Florida municipal corporation By: 1116 Attest: la) AN RUSTY JO Mayor Melanie Sibbitt, City Clerk FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 6 day of R7g , 2018. SHUFFIELD LOWMAN & WILSON, P.A. By: City Atto y APPRO �$Y E OCOEE CITY COMMISSION AT A MEETING HELD ON tebrua to , 2018 UNDER AGENDA ITEM NO. 1p . 3 Exhibit B Service Rates Services are to be provided at no charge to the vehicle or trailer, owner or his designee whenever service was requested in error pursuant to an Ocoee Police Department request. Such charges are to be billed to the Ocoee Police Department at the rates as specified herein. THERE WILL BE NO CHARGE FOR TOWING VEHICLES OR TRAILERS SEIZED FOR FORFEITURE. AT THE REQUEST OF CITY PERSONNEL/ NON-CITY OWNED VEHICLES (Estimated 740 tows annually) CATEGORY ONE - LIGHT 1. Class A: Standard Tow- Towing Passenger Cars, Trailers, Trucks, and Special Service Vehicles, up to 10,000 pounds GVW, and Motorcycles and/or Motor Scooters, up to 10 miles: • Rate per tow, per vehicle or trailer: $125.00 • Rate per mile, per tow, per vehicle or trailer: $3.00 • Storage per day per vehicle or trailer: $25.00 • Administrative Fee (after 48 hours): $45.00 • Time on scene (after first 30 minutes) per quarter hour: $31.25 • Winch recovery first 30 minutes: $100.00 • Winch recovery each additional 30 minutes: $50.00 CATEGORY ONE - LIGHT 2. Class B: Standard Tow-Towing Trucks, Trailers and Special Service Vehicles, over 10,001 pounds GVW up to 19,500 pounds GVW, up to 10 miles: • Rate per tow, per vehicle or trailer: $250.00 • Rate per mile, per tow, per vehicle or trailer: $4.00 • Storage per day per vehicle or trailer: $35.00 • Administrative Fee (after 48 hours): $45.00 • Time on scene (after first 30 minutes) per quarter hour: $62.50 • Winch recovery first 30 minutes: $175.00 • Winch recovery each additional 30 minutes: $87.50 4 • CATEGORY TWO - HEAVY 3. Class C: Standard Tow-Towing Trucks, trailers, and Special Service Vehicles, Over 19,500 pounds GVW up to25, 000 pounds GVW, up to 10 miles: • Rate per tow, per vehicle or trailer: $375.00 • Rate per mile, per tow, per vehicle or trailer: $5.00 • Storage per day per vehicle or trailer: $60.00 • Administrative Fee (after 48 hours): $45.00 • Time on scene (after first 30 minutes) per quarter hour: $93.75 • Winch recovery first 30 minutes: $300.00 • Winch recovery each additional 30 minutes: $150.00 CATEGORY TWO - HEAVY 4. Class D: Standard Tow-Towing Trucks, trailers, and Special Service Vehicles over 25,000 pounds GVW, up to 10 miles: • Rate per tow, per vehicle or trailer: $500.00 • Rate per mile, per tow, per vehicle or trailer: $6.00 • Storage per day per vehicle or trailer: $60.00 • Administrative Fee (after 48 hours): $45.00 • Time on scene (after first 30 minutes) per quarter hour: $125.00 • Winch recovery first 30 minutes: $400.00 • Winch recovery each additional 30 minutes: $200.00 STORAGE RATE The daily rate for storing a vehicle in storage is based on a Twenty-four (24) hour day. The first six (6) hours of each storage shall be free (i.e., from time of arrival at the storage facility through the sixth hour thereafter).Subsequently, and for each twenty-four (24) hour or portion thereof, a storage fee may be assessed in accordance with the bid. The maximum rates the Vendor is to charge vehicle or trailer owners or their designees for storage is as specified in this Exhibit"B". THERE WILL BE NO CHARGE FOR STORAGE FOR VEHICLES OR TRAILERS SEIZED FOR FORFEITURE IF THE OCOEE POLICE DEPARTMENT OBTAINS A FINAL JUDGEMENT OR FORFEITURE. 5 HOURLY CHARGE In addition to the maximum rates charged owners or their designees for towing services, the Vendor is allowed to charge an additional rate as specified below to cover all charges for any and all additional equipment including additional •tow trucks, tools and consumable items to perform any and all of the following: Servicing rollovers or submerged vehicles or trailers. Dropping (releasing) drive shafts on vehicles over one (1)ton only. Removing bumpers on vehicles one (1)ton and over only. Airing up brakes. Providing air bags. Note: 1. The Vendor is not allowed to charge separately for each of the above items; only one additional hourly rate is to be charged regardless of the number of circumstances involved and services performed. 2. The Vendor is not allowed to charge in addition to the tow fee for: Dropping (releasing) drive shafts on vehicles up to one (1)ton, or for Double hookups. AIR BAGS $300.00 per hour for use of air bags for trucks and special service vehicles over two and one-half(2.5) tons. FIXED RATE CHARGES In addition to maximum rates charged owners or their designees for towing services, the Vendor is allowed to charge an additional fixed fee of$50.00 per tow to utilize dollies. At the request of the City, written justification is to be submitted for use of dollies under circumstances in question by the City. WAITING TIME The Vendor may charge for waiting time after the first(30) minutes at the hourly rate specified in this section on a pro-rate basis in fifteen (15) minute increments as further specified below: Total Waiting Time Pro-Rata After the First Thirty Minute-Amount$75.00 31 to 45 minutes - One quarter of the hourly rate. 46 to 60 minutes - One half the hourly rate. 6 61 to 75 minutes- Three quarters the hourly rate. 76 to 90 minutes - One full hourly rate. ADDITIONAL SERVICES The Vendor is to respond to request from the Ocoee Police Department officer at the scene to unlock a vehicle door by means of a slim Jim or other similar device when no tow is required. The Vendor agrees to charge a flat fixed fee specified below to unlock vehicles when no tow is required: The Flat Fixed Fee to Unlock Vehicle Doors is $50.00. If the Vendor is unable to unlock the vehicle door(s), no charge for this service is to be incurred by either the city or the vehicle owner or his designee. The Vendor agrees to charge a fixed flat fee specified below to weatherproof a vehicle when advised to do so by the owner and/or the Ocoee Police department of$15.00 The Vendor agrees to charge$22.00 per day to Immobilize(Booting) a vehicle(includes installation and removal of device). The vendor agrees to charge only the actual cost incurred for Hazardous waste removal. Documentation will be provided upon request. 7 ALL ACTUAL COST INCURRED IN OBTAINING OWERSHIP INFORMATION AND PROVIDING NOTICE Applicable only when company providing service must actually perform research to determine ownership of and notification to vehicle owner, lien holders or insurance companies. Written documentation of the effort to ascertain ownership of the vehicle must be in the form of a TAVIS report or similar documentation and be made available for inspection by the City upon request. Costs shall mean actual fees charged by the State of Florida for obtaining ownership information and shall include the cost of actual postage fees, advertising fees (if more than a single vehicle is advertised in the same advertisement the cost of the advertisement shall be prorated per vehicle), and title search for out-of-state vehicles. Proof of all costs incurred by company must be made available for inspection by the City upon request. Recovery Pursuant to Section 715.07(2) (a), 3. Florida Statutes, the vehicle shall be disconnected from the towing apparatus upon the payment of not more than one-half of the rate for towing service. For all classifications of vehicle recovery, where the vehicle is released at the scene, the maximum fee for the category of recovery shall be one-half of the applicable towing rates established by the vehicle's maximum gross vehicle weight rate under Item# 1, Categories and Fees. The category of recovery is hereby established and defined as follows: to take possession of a vehicle and its contents and to exercise control and supervision over the vehicle. This category is established to provide for those occasions where the vehicle owner arrives at the towing scene before towing and removal, or in the case of a non-consensual tow, where the recovery is directed by law or municipal enforcement. Storaae Pursuant to Section 713.78 (2), Florida Statues, no storage fee shall be charged if the vehicle removed is stored for less than six (6) hours. Vehicle storage begins at the time the vehicle arrives at the storage facility and charges are based on each day which shall mean each consecutive twenty-four hour period from the time of arrival. The category of Storage for Vehicles removed at the request of an authorized agent, property owner or law enforcement officer, derived from the Ordinance definition of"store", is hereby established and defined as follows: To place and to leave a vehicle towed at the direction of an agent authorized to make the direction to a site where the towing company, or a person on the initiation of the towing company, exercises control and supervision over the vehicle. Exclusive Fees The amount of fees and the fee categories established by this Part shall be exclusive fees. In other words, there shall be no other fees or categories of service that business enterprises, may demand and collect from vehicle owners. 8 Towing Rates The rates herein are based upon rates charge by Orange County. Shall Orange County rates be amended; the City Of Ocoee reserves the right to also amend rates herein. personal Property An owner of a vehicle shall be allowed to remove personal unattached property from their vehicle on a "one time"only basis at no additional charge. An additional charge of twenty dollars ($20.00) may be assessed for each subsequent request to remove personal unattached property. No other charges may be imposed. (Remainder of page left blank intentionally). 9 AT THE REQUEST OF CITY PERSONNEL/CITY OWNED OR OPERATED VEHICLES (Estimated 85 tows annually) The maximum rates to be charged the City for towing, road service or storage services for any vehicle or trailer which is owned, operated, or leased by the City(except leased vehicles or trailers where the lessor is responsible for the required towing) from its point of disability (whether same be within the City or in an outlying area within Orange or Seminole or Lake County, usual and customary to the particular usage of the vehicle by the City)to any point within the City, as may be directed. CATEGORY ONE - LIGHT Class A: Standard Tow-Towing Passenger Cars, Trailers, Trucks, and Special Service Vehicles, up to 10,000 pounds GVW, and Motorcycles and/or Motor Scooters, up to 10 miles: • No charge per tow, per vehicle or trailer. • No charge for each additional mile over 10 miles per mile, per tow, per vehicle ortrailer. Class B: Standard Tow-Towing Trucks, Trailers and Special Service Vehicles, over 10,001 pounds GV\N up to 19,500 pounds GVIN, up to 10 miles: • No charge per tow, per vehicle or trailer. • No charge for each additional mile over 10 miles per mile, per tow, per vehicle or trailer. CATEGORY TWO - HEAVY Class C: Standard Tow-Towing Trucks, trailers, and Special Service Vehicles, over 19,500 pounds GVIN up to 25,000 pounds GVW, up to 10 miles: • No charge per tow, per vehicle or trailer. • No charge for each additional mile over 10 miles per mile, per tow, per vehicle ortrailer. Class D: Standard Tow-Towing Trucks, trailers, and Special Service Vehicles, over 25,000 pounds GVW, up to 10 miles: • No charge per tow, per vehicle or trailer. • No charge for each additional mile over 10 miles per mile, per tow, per vehicle or trailer. THE CITY WILL NOT ACCEPT ADDITIONAL CHARGES FOR ANY TOWING SERVICES PROVIDED. 10 STORAGE RATE The daily rate for storing a vehicle is based on a twenty-four(24) hour day. The first six (6) hours of each storage shall be free (i.e., from time of arrival at the storage facility through the sixth hour thereafter). Subsequently, and for each twenty-four (24) hour or portion thereof, a storage fee may be assessed in accordance with the bid. The maximum rates the Vendor is to charge a vehicle or trailer owned by the City of Ocoee for storage is: • No charge for General Storage for a City of Ocoee vehicle. ROAD SERVICES The Vendor is allowed to charge a fixed flat rate for road Services as specified below: • Battery Boost Flat Fee: $50.00 • Tire Changing Flat Fee: $50.00 11 FIRST AMENDMENT TO AGREEMENT FOR CITY WIDE TOWING SERVICES This First Amendment to the Agreement for City-wide Towing Services ("Amendment") is entered into between the City of Ocoee, a Florida municipal corporation, whose address is 150 N. Lakeshore Drive, Ocoee, Florida 34761 (referred to herein as the "City") and Sly's Towing& Recovery LLC, a Florida limited liability corporation, whose address is 119 5th Street, Winter Garden, Florida 34787 (referred to herein as the "Contractor"). WHEREAS, City and Contractor have entered in that certain Agreement for City Wide Towing Services for a three (3) year period with an effective date of March 1, 2014 (the "Agreement"); and WHEREAS, the Agreement allows for two automatic one year renewable extensions;and WHEREAS, the parties agreed to extend the agreement for one-year at the end of the initial three(3) year term; and WHEREAS, the Agreement requires Contractor to provide the Work specified therein for prices based upon the Orange County, Florida rates but allows for adjustment of the rates after the initial three(3) year period; and WHEREAS, Orange County duly modified its rates in Ordinance 2014-24, which was approved by the Orange County Board of County Commissioners on September 9, 2014 and took effect November 1, 2014; and WHEREAS, under its terms, the Agreement can be extended for an additional one (1) year term; and WHEREAS, the parties agree it is in their mutual interest to amend the rates as set forth in the Agreement to adjust the rates to the Orange County rates. NOW, THEREFORE, for and in consideration of the foregoing recitals, the sum of$10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Recitals. The foregoing recitals are incorporated herein by reference as true and correct. Unless otherwise defined herein, any capitalized terms shall have the meaning and definition set forth in the Agreement. 2. Amendment to Exhibit"B". Exhibit"B"to the Agreement is hereby deleted and replaced in its entirety with the Exhibit"B", which is attached hereto and incorporated herein by reference. 3. Extension of Agreement. The Agreement shall be extended for an additional one(1) year term, as provided in the Agreement. 4. Effect of Agreement. Except as modified herein, the Agreement remains in full force and effect. In the event of any conflict or ambiguity between the Agreement and this Amendment,this Amendment shall control. 5. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original instrument, but all such counterparts together shall constitute one and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document. The parties acknowledge that they have read this Amendment and have executed this Amendment on the date set forth below. 2 CONTRACTOR: Sly's Towing&Recovery,LLC By(Name and title) O W Date: © (- f - /g CITY: CITY OF OCOEE, a Florida municipal corporation By: 10111‘k�, RUSTY • Mayor Attes : 4 ,g ( Melanie Sibbitt, City Clerk FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this et day of fet. , 2018. SHUFFIELD LO`'VMAN & WILSON, P.A. • City Atto r ey APPRO i ' HE OCOEE CITY COMMISSION AT A MEETING HELD ON er„„„, , 2018 UNDER AGEA ITtM NO. . 3 Exhibit B Service Rates Services are to be provided at no charge to the vehicle or trailer, owner or his designee whenever service was requested in error pursuant to an Ocoee Police Department request. Such charges are to be billed to the Ocoee Police Department at the rates as specified herein. THERE WILL BE NO CHARGE FOR TOWING VEHICLES OR TRAILERS SEIZED FOR FORFEITURE. AT THE REQUEST OF CITY PERSONNEL/NON-CITY OWNED VEHICLES (Estimated 740 tows annually) CATEGORY ONE - LIGHT 1. Class A: Standard Tow- Towing Passenger Cars, Trailers, Trucks, and Special Service Vehicles, up to 10,000 pounds GVW, and Motorcycles and/or Motor Scooters, up to 10 miles: • Rate per tow, per vehicle or trailer: $125.00 • Rate per mile, per tow, per vehicle or trailer: $3.00 • Storage per day per vehicle or trailer: $25.00 • Administrative Fee (after 48 hours): $45.00 • Time on scene (after first 30 minutes) per quarter hour: $31.25 • Winch recovery first 30 minutes: $100.00 • Winch recovery each additional 30 minutes: $50.00 CATEGORY ONE - LIGHT 2. Class B: Standard Tow-Towing Trucks, Trailers and Special Service Vehicles, over 10,001 pounds GVW up to 19,500 pounds GVW, up to 10 miles: • Rate per tow, per vehicle or trailer: $250.00 • Rate per mile, per tow, per vehicle or trailer: $4.00 • Storage per day per vehicle or trailer: $35.00 • Administrative Fee (after 48 hours): $45.00 • Time on scene (after first 30 minutes) per quarter hour: $62.50 • Winch recovery first 30 minutes: $175.00 • Winch recovery each additional 30 minutes: $87.50 4 CATEGORY TWO - HEAVY 3. Class C: Standard Tow-Towing Trucks, trailers, and Special Service Vehicles, Over 19,500 pounds GVW up to25, 000 pounds GVW, up to 10 miles: • Rate per tow, per vehicle or trailer: $375.00 • Rate per mile, per tow, per vehicle or trailer: $5.00 • Storage per day per vehicle or trailer: $60.00 • Administrative Fee (after 48 hours): $45.00 • Time on scene (after first 30 minutes) per quarter hour: $93.75 • Winch recovery first 30 minutes: $300.00 • Winch recovery each additional 30 minutes: $150.00 CATEGORY TWO - HEAVY 4. Class D: Standard Tow-Towing Trucks, trailers, and Special Service Vehicles over 25,000 pounds GVW, up to 10 miles: • Rate per tow, per vehicle or trailer: $500.00 • Rate per mile, per tow, per vehicle or trailer: $6.00 • Storage per day per vehicle or trailer: $60.00 • Administrative Fee (after 48 hours): $45.00 • Time on scene (after first 30 minutes) per quarter hour: $125.00 • Winch recovery first 30 minutes: $400.00 • Winch recovery each additional 30 minutes: $200.00 STORAGE RATE The daily rate for storing a vehicle in storage is based on a Twenty-four (24) hour day. The first six (6) hours of each storage shall be free (i.e., from time of arrival at the storage facility through the sixth hour thereafter).Subsequently, and for each twenty-four(24) hour or portion thereof, a storage fee may be assessed in accordance with the bid. The maximum rates the Vendor is to charge vehicle or trailer owners or their designees for storage is as specified in this Exhibit"B". THERE WILL BE NO CHARGE FOR STORAGE FOR VEHICLES OR TRAILERS SEIZED FOR FORFEITURE IF THE OCOEE POLICE DEPARTMENT OBTAINS A FINAL JUDGEMENT OR FORFEITURE. 5 HOURLY CHARGE In addition to the maximum rates charged owners or their designees for towing services, the Vendor is allowed to charge an additional rate as specified below to cover all charges for any and all additional equipment including additional low trucks, tools and consumable items to perform any and all of the following: Servicing rollovers or submerged vehicles or trailers. Dropping (releasing) drive shafts on vehicles over one (1)ton only. Removing bumpers on vehicles one (1) ton and over only. Airing up brakes. Providing air bags. Note: 1. The Vendor is not allowed to charge separately for each of the above items; only one additional hourly rate is to be charged regardless of the number of circumstances involved and services performed. 2. The Vendor is not allowed to charge in addition to the tow fee for: Dropping (releasing) drive shafts on vehicles up to one(1)ton, or for Double hookups. AIR BAGS $300.00 per hour for use of air bags for trucks and special service vehicles over two and one-half(2.5) tons. FIXED RATE CHARGES In addition to maximum rates charged owners or their designees for towing services, the Vendor is allowed to charge an additional fixed fee of$50.00 per tow to utilize dollies. At the request of the City, written justification is to be submitted for use of dollies under circumstances in question by the City. WAITING TIME The Vendor may charge for waiting time after the first(30) minutes at the hourly rate specified in this section on a pro-rate basis in fifteen (15) minute increments as further specified below: Total Waiting Time Pro-Rata After the First Thirty Minute-Amount$75.00 31 to 45 minutes- One quarter of the hourly rate. 46 to 60 minutes - One half the hourly rate. 6 61 to 75 minutes- Three quarters the hourly rate. 76 to 90 minutes - One full hourly rate. ADDITIONAL SERVICES The Vendor is to respond to request from the Ocoee Police Department officer at the scene to unlock a vehicle door by means of a slim Jim or other similar device when no tow is required. The Vendor agrees to charge a flat fixed fee specified below to unlock vehicles when no tow is required: The Flat Fixed Fee to Unlock Vehicle Doors is $50.00. If the Vendor is unable to unlock the vehicle door(s), no charge for this service is to be incurred by either the city or the vehicle owner or his designee. The Vendor agrees to charge a fixed flat fee specified below to weatherproof a vehicle when advised to do so by the owner and/or the Ocoee Police department of$15.00 The Vendor agrees to charge$22.00 per day to Immobilize (Booting) a vehicle (includes installation and removal of device). The vendor agrees to charge only the actual cost incurred for Hazardous waste removal. Documentation will be provided upon request. 7 ALL ACTUAL COST INCURRED IN OBTAINING OWERSHIP INFORMATION AND PROVIDING NOTICE Applicable only when company providing service must actually perform research to determine ownership of and notification to vehicle owner, lien holders or insurance companies. Written documentation of the effort to ascertain ownership of the vehicle must be in the form of a TAVIS report or similar documentation and be made available for inspection by the City upon request. Costs shall mean actual fees charged by the State of Florida for obtaining ownership information and shall include the cost of actual postage fees, advertising fees (if more than a single vehicle is advertised in the same advertisement the cost of the advertisement shall be prorated per vehicle), and title search for out-of-state vehicles. Proof of all costs incurred by company must be made available for inspection by the City upon request. Recovery Pursuant to Section 715.07(2) (a), 3. Florida Statutes, the vehicle shall be disconnected from the towing apparatus upon the payment of not more than one-half of the rate for towing service. For all classifications of vehicle recovery, where the vehicle is released at the scene, the maximum fee for the category of recovery shall be one-half of the applicable towing rates established by the vehicle's maximum gross vehicle weight rate under Item# 1, Categories and Fees. The category of recovery is hereby established and defined as follows: to take possession of a vehicle and its contents and to exercise control and supervision over the vehicle. This category is established to provide for those occasions where the vehicle owner arrives at the towing scene before towing and removal, or in the case of a non-consensual tow, where the recovery is directed by law or municipal enforcement. Storaae Pursuant to Section 713.78 (2), Florida Statues, no storage fee shall be charged if the vehicle removed is stored for less than six(6) hours. Vehicle storage begins at the time the vehicle arrives at the storage facility and charges are based on each day which shall mean each consecutive twenty-four hour period from the time of arrival. The category of Storage for Vehicles removed at the request of an authorized agent, property owner or law enforcement officer, derived from the Ordinance definition of"store", is hereby established and defined as follows: To place and to leave a vehicle towed at the direction of an agent authorized to make the direction to a site where the towing company, or a person on the initiation of the towing company, exercises control and supervision over the vehicle. Exclusive Fees The amount of fees and the fee categories established by this Part shall be exclusive fees. In other words, there shall be no other fees or categories of service that business enterprises, may demand and collect from vehicle owners. 8 Towing Rates The rates herein are based upon rates charge by Orange County. Shall Orange County rates be amended; the City Of Ocoee reserves the right to also amend rates herein. Personal Property An owner of a vehicle shall be allowed to remove personal unattached property from their vehicle on a"one time"only basis at no additional charge. An additional charge of twenty dollars ($20.00) may be assessed for each subsequent request to remove personal unattached property. No other charges may be imposed. (Remainder of page left blank intentionally). 9 AT THE REQUEST OF CITY PERSONNEL/CITY OWNED OR OPERATED VEHICLES (Estimated 85 tows annually) The maximum rates to be charged the City for towing, road service or storage services for any vehicle or trailer which is owned, operated, or leased by the City (except leased vehicles or trailers where the lessor is responsible for the required towing) from its point of disability (whether same be within the City or in an outlying area within Orange or Seminole or Lake County, usual and customary to the particular usage of the vehicle by the City)to any point within the City, as may be directed. CATEGORY ONE - LIGHT Class A: Standard Tow-Towing Passenger Cars, Trailers, Trucks, and Special Service Vehicles, up to 10,000 pounds GVW, and Motorcycles and/or Motor Scooters, up to 10 miles: • No charge per tow, per vehicle or trailer. • No charge for each additional mile over 10 miles per mile, per tow, per vehicle ortrailer. Class B: Standard Tow-Towing Trucks, Trailers and Special Service Vehicles, over 10,001 pounds GVW up to 19,500 pounds GVIN, up to 10 miles: • No charge per tow, per vehicle or trailer. • No charge for each additional mile over 10 miles per mile, per tow, per vehicle or trailer. CATEGORY TWO - HEAVY Class C: Standard Tow-Towing Trucks, trailers, and Special Service Vehicles, over 19,500 pounds GVIN up to 25,000 pounds GVW, up to 10 miles: • No charge per tow, per vehicle or trailer. • No charge for each additional mile over 10 miles per mile, per tow, per vehicle ortrailer. Class D: Standard Tow-Towing Trucks, trailers, and Special Service Vehicles, over 25,000 pounds GVW, up to 10 miles: • No charge per tow, per vehicle or trailer. • No charge for each additional mile over 10 miles per mile, per tow, per vehicle or trailer. THE CITY WILL NOT ACCEPT ADDITIONAL CHARGES FOR ANY TOWING SERVICES PROVIDED. 10 STORAGE RATE The daily rate for storing a vehicle is based on a twenty-four(24) hour day. The first six(6) hours of each storage shall be free (i.e., from time of arrival at the storage facility through the sixth hour thereafter). Subsequently, and for each twenty-four (24) hour or portion thereof, a storage fee may be assessed in accordance with the bid. The maximum rates the Vendor is to charge a vehicle or trailer owned by the City of Ocoee for storage is: • No charge for General Storage for a City of Ocoee vehicle. ROAD SERVICES The Vendor is allowed to charge a fixed flat rate for road Services as specified below: • Battery Boost Flat Fee: $50.00 • Tire Changing Flat Fee: $50.00 11