PROPOSAL DOCUMENTS

FOR

CITY OF SOUTH DAYTONA

Wrecker Towing Services for the City of South Daytona

1672 South Ridgewood Ave.

South Daytona, Florida 32119

(386) 322-3062

25-RFP-014

April 2025

SECTION 1: REQUEST FOR PROPOSAL

Wrecker Towing Services for the City of South Daytona

25-RFP-014

Notice is hereby given that the City of South Daytona is soliciting proposals for 25-RFP-014, Wrecker Towing Services for the City of South Daytona. Sealed bids will be accepted electronically through our OpenGov Portal at https://procurement.opengov.com/portal/southdaytona until 4:30 P.M. on Monday, May 5, 2025, at which time bids will be opened via zoom link and read aloud. Proposals received after the above time and date will be returned unopened. All Proposals will be evaluated to ensure they contain all required forms in order to deem the Bidder responsive or non-responsive.

DESCRIPTION OF WORK

The City of South Daytona is soliciting proposals to acquire the services and establish an agreement for Wrecker Towing Services.

Proposers must be a commercial entity licensed to do business in the State of Florida and perform the services identified herein. Proposers must be properly registered and licensed to provide the services identified in the scope of work, by all applicable state and local agencies.

All work is specified within the Bid Documents. A digital copy of the Bid Documents may be obtained via the OpenGov Portal. Any addenda to these documents will be issued via the OpenGov Portal.

The City reserves the right to reject any or all bids, and the award, if award is made, will be made based on the following evaluation factors and the bidder whose qualifications indicate the award will be in the best interest of the City and whose proposal complies with all the prescribed requirements. The selection committee will present top ranked firm to City Council for approval.

Bids shall be:

1. Submitted electronically via our OpenGov Portal at https://procurement.opengov.com/portal/southdaytona

2. Irrevocable after the time and date set for the opening of bids and for a period of 90 days thereafter;

3. Bids must include the following required documents for submittal:

a. Bid Submittal Checklist

b. Bid Form / Acknowledgement and Pricing Proposal

c. Drug-Free Preference Statement

d. Public Entity Crimes Statement

e. Anti-Collusion Form

f. Statement of Vendor Qualifications

g. Professional References

h. Insurance Certificates

i. Wrecker Towing Services Agreement

CITY OF SOUTH DAYTONA

SECTION 2: PURPOSE AND OVERVIEW

Wrecker Towing Services for the City of South Daytona

25-RFP-014

The purpose for this Bid is to solicit competitive sealed proposals from Certified Firms or Companies (Proposers) to acquire the services and establish an agreement for Wrecker Towing Services. It is the intent and purpose of the City of South Daytona (City) that this Bid promotes competitive selection. It shall be the Proposer’s responsibility to advise the City if any language, requirements, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this Bid to a single source.

SCOPE OF WORK TO BE PROVIDED:

To provide exclusive towing service of motor vehicles and trailers from public and private property when authorized by a representative of the City of South Daytona.

GENERAL INFORMATION:

1. The City of South Daytona is accepting Bids for an exclusive towing service.

2. The City of South Daytona will not be liable for any costs incurred in preparation of proposals and/or personal interviews.

3. The bidders shall furnish additional information as the City may reasonably require. The City reserves the right to make investigations of the proposers as it deems appropriate.

4. The City of South Daytona reserves the right to reject any and all proposals, the right in its sole discretion to accept the proposal which it considers most favorable to the City’s interest.

MINIMUM REQUIREMENTS FOR BIDDERS

(Note – These are minimum requirements. Bidders are encouraged to review a draft of the actual agreement for all contractual requirements prior to submitting a bid):

1. Storage facilities must be located within 10 road miles of the City of South Daytona city limits.

2. Response time must be within 20 minutes. Response time starts from the time the towing service receives the request to dispatch a wrecker. Response time compliance will be calculated on a calendar month basis. The city reserves the right to bill the wrecker company for the cost of city services incurred as a result of a delayed response.

3. The primary storage facility must be open, or an employee on immediate call, 24 hours a day, seven days a week, including holidays.

4. Must supply a storage facility with a minimum of 100 spaces, with each space measuring 9’ by 19’ and be completely fenced. Two (2) spaces will be provided inside an enclosed building for police processing.

5. Bidders must own or lease at least 4 wreckers, which must include 2 class “A” wreckers, 1 class “C” wrecker and 1 Roll Back car carrier.

6. Bidders must carry minimum insurance requirements as follows:

a. Workers’ Compensation Insurance, which complies with the Florida Workers’ Compensation Law, including Employers Liability Insurance with limits of at least $500,000 per occurrence.

b. General and Automobile Liability Insurance of at least $500,000 per person, $1,000,000 per occurrence and $250,000 property damage insurance. In the alternative a $1,000,000 combined single limit for bodily injury and property damage and a general aggregate of at least $2,000,000.

c. Garage Keepers Legal Liability Insurance

7. No owner, partner, employee or agent shall have been convicted of a felony; or any first-degree misdemeanor involving the operation of a wrecker service, including perjury or false statement, regardless of restoration of civil rights.

SECTION 3: INSTRUCTIONS TO BIDDERS

Wrecker Towing Services for the City of South Daytona

25-RFP-014

Firms or companies (Vendor) desiring to provide services, as described herein shall submit sealed bids, to including one original copy in conformance with the detailed submittal instructions.

TIMELINE (Local Time):

The City reserves the right to modify these timelines and schedules at any time for any reason.

Questions regarding responses to this bid must be in through OpenGov

Bids will be opened via zoom link, and the names of all Vendors shall be read aloud.

The City of South Daytona reserves the right to reject any or all Bids or parts of Bids if it is in the best interest of the City.

Examination of Contract Documents and Site Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site(s) to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents.

Before submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

On request the City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. Bidders making such investigations shall return site to original condition and shall pay for any damages resulting therefrom.

The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement and that the Contract Documents are sufficient in Scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

Bid Coordinator The coordinator for this Bid is:

Vera Parker vparker@southdaytona.org Phone: 386-322-3062

The City will not respond to oral inquiries. Respondents may submit inquiries regarding this to through our OpenGov Portal. Inquiries must be received by Monday, May 5, 2025 by 4:30pm to be considered. The City will record its responses to inquiries and any supplemental instructions in the project on the OpenGov Portal.

The City will issue responses to inquiries and any other corrections or amendments it deems necessary in an addenda issued prior to the Bid Due Date. Vendors should not rely on any representations, statements or explanations other than those made in this RFP or in any addendum to this RFP. Where there appears to be a conflict between the RFP and any addenda issued, the last addendum issued will prevail. It is the Vendor's responsibility to be sure all correct number of addenda was received. The Vendor should verify with the designated contact persons prior to submitting a Bid that all addenda have been received. Vendors should acknowledge the correct number of addenda received as part of their Bids. It is the responsibility of the Vendor to ensure all addenda have been received prior to submitting a bid.

The City of South Daytona reserves the right to consider the omission of an acknowledgment of addendum as cause for rejection of the submittal.

This provision exists solely for the convenience and administrative efficiency of the City of South Daytona. No Vendor or other third party gains any rights by virtue of this provision or the application thereof, nor shall any Vendor or third party have any standing to sue or cause of action arising therefrom.

CLARIFICATIONS:

It is the Vendor’s responsibility to become familiar with and fully informed regarding the terms, conditions and specifications of this RFP. Lack of understanding and/or misinterpretation of any portions of this RFP shall not be cause for withdrawal of your Bid after opening or for subsequent protest of award. Vendors must contact the Bid Coordinator, at the email provided, should clarification be required.

Modification or alteration of the documents contained in the solicitation or contract shall only be valid if mutually agreed to in writing by the parties.

MINIMUM QUALIFICATIONS:

Proposers must be commercial entity licensed to do business in the State of Florida or appropriate qualified commercial entity licensed in the area specified in the scope of work and to perform the services identified herein.

Proposers must be properly registered and licensed to engage in the scope of work pertaining to this Bid, by all applicable state and local agencies.

Vendors must provide a minimum of three (3) verifiable references from similar scope and size of work as identified in this RFP on the provided “Professional References” form. Failure to provide references that verify required experience will cause the Vendor to be deemed non-responsive. The City of South Daytona is not to be used as a reference.

NO LOBBYING:

All Vendors are hereby placed on notice that the City of South Daytona Council, City Employees/Staff, nor Members of the Evaluation Committee (with the exception of the Bid Coordinator designated to receive requests for interpretations or corrections) are not to be lobbied, directly or indirectly either individually or collectively, regarding this RFP. During the entire procurement process, all Vendors and their subcontractors, sub‐consultants, or agents are hereby placed on notice that they are not to contact any persons listed above for such purposes as holding meetings of introduction, dinners, etc. if they intend to submit or have submitted Bids for this project. Any Vendor contacting individuals mentioned herein in violation of this warning may automatically be disqualified from further consideration for this RFP.

PRICING SHEETS:

Pricing sheets/Bid Forms are to be completed as directed and without modification and returned as part of the RFP submittal prior to the RFP deadline for submission. Failure to fill out the price sheets/bid forms as directed and without modification may negatively affect the evaluation of your bid.

EXCEPTIONS TO SPECIFICATIONS:

If taking exception to any portion of the RFP specifications, the Vendor must indicate those exceptions as stated on the Vendor’s Acknowledgement Form.

BID SUBMISSION AND WITHDRAWAL:

Unless otherwise specified, Vendor shall use the forms supplied by the City. Bids, once opened, become the property of the City, cannot be withdrawn, and will not be returned to the Vendors. Upon opening, Bids become subject to public disclosure in accordance with Chapter 119, Florida Statutes.

CORRECTION OF BIDS:

Correction of inadvertently erroneous Bids shall be permitted up to the time of RFP opening. Vendors shall not be allowed to modify their Bids after the opening time and date.

WITHDRAWAL OF BIDS:

NO Bid shall be withdrawn for a period of ninety (90) days subsequent to the Bid opening without the consent of the City of South Daytona, Florida. Negligence on the part of the Vendor in preparing the Bid confers no right of withdrawal or modification after the Bid has been opened, at the appointed time and place by the City of South Daytona. Any such withdrawn Bid shall not be resubmitted.

OPENING OF BIDS:

Bids will be received until the date and time stated in this RFP and will be publicly opened and read at the place, time and date stated. No responsibility will attach the City for the premature opening of a Bid not properly addressed and identified.

REJECTION OF BIDS:

The City reserves the right to reject any and/or all Bids when such rejection is in the best interest of the City.

BIDS MAY BE REJECTED AND/OR VENDOR(S) DISQUALIFIED FOR THE FOLLOWING REASONS:

a) Failure to update the information on file including address, product, service or business descriptions.

b) Failure to perform according to contract provisions.

c) Conviction in a court of law of any criminal offense in connection with the conduct of business.

d) Evidence of a violation of any federal or state antitrust law based on the submission of bids or proposals, or the awarding of contracts.

e) Evidence that the vendor has attempted to give a City employee a gratuity of any kind for the purpose of influencing a recommendation or decision in connection with any part of the City’s purchasing activity.

f) Other reasons deemed appropriate by the City.

OWNERSHIP OF DOCUMENTS:

All documents resulting from this project will become the sole property of the City of South Daytona. The Vendor must meet all requirements for retaining public records and transfer, at no cost, to the City all public records in the possession of the Vendor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City.

AMERICANS WITH DISABILITIES ACT (ADA):

If you need special services provided for under the Americans with Disabilities Act, contact the Deputy City Clerk at 386‐322-3011 at least 48 hours before the scheduled event.

Bond In accordance with section 255.05, Florida Statutes, the Bidder, if awarded the Contract and the bid amount is $100,000 or more, shall execute and file acceptable performance and payment bonds equal to 100% of the contract price within ten (10) days after written notice of the award of contract. No bidder may withdraw their bid for a period of ninety (90) days after the date set for opening of bids.

Payment of Taxes The Contractor will be responsible for payment of all Excise, Sales and Use Taxes, and all other taxes required by law on all materials, tools, apparatus, equipment, fixtures, and incidentals which he purchases or uses for the purpose of fulfilling the work of this Contract, and he shall include all amounts required for such taxes with the item prices bid in his Proposal. No additional payment will be made to cover such taxes. Each Bidder shall thoroughly familiarize himself before submitting a Proposal, with all laws requiring the payment of taxes.

Special Requirements Prohibited Interests. No official of the City who is authorized in such capacity, and on behalf of the City to negotiate, make, accept or approve, or to take part in negotiating, making accepting, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project shall become directly or indirectly interested, personally, in this Contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise legislative, executive, supervisory, or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally, in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project.

Performance of Work by Contractor. The Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the contract or any portion thereof, or of his right, title or interest therein, without written consent of the City. The Contractor shall perform on the site and with his own organization work equivalent to not less than 50 percent of the total dollar value of the work to be performed under this contract except that work designated hereinafter as specialty work may be performed by subcontractors and the cost of any such specialty work so performed by subcontract may be deducted from the total contract amount before computing the amount of work required to be performed by the Contractor with his own organization.

Sworn Statement on Public Entity Crimes. A person or affiliate who has been place on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount, provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

Equal Opportunity Clause. During the performance of this contract, the contractor agrees as follows:

1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the contractor’s commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

6) In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States.

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SECTION 4: SCOPE OF WORK / BID SPECIFICATIONS

Scope for Project:

1. SERVICES TO BE PERFORMED BY TOWING COMPANY

The Towing Company shall provide the following services:

A. The Towing Company shall provide for the towing and storage when required, of motor vehicles and trailers from public or private property lying within the City of South Daytona when so authorized by a representative of the City, at a rate not greater than the applicable maximum rates specified herein.

B. When authorized by a representative of the City, the Towing Company shall, at a rate not greater than the applicable maximum rate specified herein, provide for the towing and storage of any motor vehicle, trailer, motorcycle, or motor scooter which is towed under the provisions of the Code of the City of South Daytona covering the removal and/or impounding of illegally parked or disabled vehicles, applicable State Statutes, or which is otherwise impounded or requited to be moved by or at the direction of a police officer, from the point of origin to the place of business of the Towing Company. The Towing Company shall, at a rate not greater than the applicable maximum rate specified herein, provide for the towing and storage of any vehicle or trailer from the scene of an accident to a location within the area, as designated by the owner, other than the place of business of the Towing Company.

C. When authorized by a representative of the City of South Daytona, the Towing Company shall, at no charge, provide towing service for all disabled city vehicles, whether owned or leased (excluding vehicles leased by the City where the lessor is responsible for the towing service). The no charge towing service shall be for city vehicles located within 50 road miles of South Daytona City Hall. For city vehicles located beyond the 50 road miles, the loaded per mile charge for each mile beyond the 50 road miles shall be as follows:

Class A $1.50 Class B $2.50 Class C $3.50

D. The Towing Company shall, at no cost to the City, promptly clean all debris off the public streets, ways, sidewalks, parks, avenues, and property of the City, and remove the same to a proper place away from the scene of any motor vehicle accident if the accident scene is to be, is being, or has been serviced by the Towing Company, or the agent, servants, or employees of the Towing Company.

E. As directed by the City, the Towing Company shall, at no cost to the City, provide towing service for all confiscated vehicles from the point of seizure to either the South Daytona Police Station or designated Public Works Compound.

F. The Towing Company guarantees that wrecker service shall be rendered at any and all times, as required by this Agreement, twenty‑four (24) hours a day, seven (7) days a week, including holidays, and that personnel will be subject to call at any and all times. The Towing Company further guarantees that, it will be at the requested location within the City limits within twenty (20) minutes from the time the Towing Company receives a call requesting that a wrecker be dispatched. Compliance with this requirement will be calculated on a calendar month basis. Further, the City reserves the right to charge the towing company for the cost of city services incurred as a result of the delayed response.

G. Upon request, the Towing Company shall provide the South Daytona Police Department with reasonable assistance in the examination of vehicles stored by the Towing Company. Such assistance shall include the availability and use of a wrecker at the storage site for the moving of vehicles to be examined by the Police.

H. In the event the Police Department has founded suspicion that any property in, on, or affixed to the vehicle is stolen, and said property may be removed without adversely affecting the operability of the vehicle, the Police Department shall be permitted to effect the removal of the property.

City of South Daytona, BID NO. 25-RFP-014, Wrecker Services, Page 32 of 90

City of South Daytona, BID NO. 25-RFP-014, Wrecker Towing Services, Page 65 of 72

I. Upon the issuance of an order by the Volusia County Emergency Management Department to evacuate the City, or any portion thereof due to a hurricane or other emergency condition, the Towing Company shall supply one wrecker and an operator thereof for standby assignment by the City to assist in the immediate clearing of any disabled vehicles on or along the designated evacuation route.

2. PAYMENT TO THE CITY

In consideration of the Towing Company being the City's exclusive towing company for the services set forth herein for the term of this Agreement, the Towing Company shall pay

____________________________________________________________________________________________________________________Dollars (In Words)

(In Figures) $_______________________________________ (for bidder to supply in Bid Form 8B) per tow to the City, beginning August 1, 2025.

The total for the prior month will be due on the 15th day of each month thereafter as long as this Agreement is in effect. The payment is subject to a late fee of 1.5 percent of the total payment due if not paid in full by the 15th day of the month. Failure of the Towing Company to remit the appropriate fee amount within the time allotted shall be grounds, at the discretion of the City, to terminate the contract.

3. TERM

A. The term of this Agreement shall be for a three (3) year period beginning August 1, 2025 and ending July 31, 2028.

B. Extension ‑ The City shall have the option of extending this contract, based upon satisfactory performance by the Towing Company, for three (3) additional twelve‑month periods, with renewal the first day of August each preceding year. The City shall receive extension requests by April 1, of the current contract year or the renewal will expire. The notice of renewal shall be in writing.

C. It is further understood by the parties to this Agreement that in the event the Towing Company is unable to respond to a call during the term of this contract, with one of its own wreckers, it is still responsible for providing a wrecker. It may utilize a wrecker from any other wrecker company in the County. In such cases, the substitute wrecker must comply with the terms agreed upon herein.

4. RATE CHARGED OWNERS

A. The Towing Company shall post a menu of the company's rates and charges hereunder. This information must be on a sign that has letters at least two (2) inches high on a background no smaller than two (2) feet by three (3) feet. The City must approve the sign and its contents, and the Towing Company shall post a sign twenty-four (24) hours per day, seven (7) days per week in a conspicuous place at the Towing Company's place of business.

B. For the terms of this agreement, the Towing Company may charge the owner/operator of the vehicle being towed or stored the rates listed below, provided that the maximum rates to be charged the owner for towing and storage of any motor vehicle or trailer towed at the direction of the City may be changed by resolution adopted by the City. Examples are provided below:

Class A vehicles (gross vehicle weight rating at 9,999 pounds or less or a vehicle carrying a vessel 15 feet or less in length):

Class B vehicles (gross vehicle weight rating at 10,000 pounds or more, but less than 19,500 pounds or vehicle carrying a vessel more than 15 feet, but less than 22 feet in length):

Class C vehicles (gross vehicle weight rating at 19,500 or more pounds, but less than 25,000 pounds or vehicle carrying a vessel more than 22 feet in length):

Class D vehicles (gross vehicle weight rating at more than 25,000 pounds):

4. Nonconsensual tow, time beyond initial 30 minutes at scene, per 15 minute block … $100.00

a. An additional daily storage fee, as set forth above, may be charged for any vessel, trailer or other mobile item, whether motorized or not, which is mounted on wheels and attached to a towed vehicle.

b. The maximum rates established in Subsection B above shall be a flat fee which shall be all-inclusive, and by way of illustration, no additional charges shall be made for:

1. Any fees for special equipment or services such as double hook-up, vehicle entry when locked, dropping transmission linkage, axle or drive shaft removal, dollies, trailer or flat bed, lifts, slim jims, go jacks, removing bumpers, airing up brakes, and mileage, other than those specified in the rate schedule;

2. Time spent at the scene of the tow, other than those specified in the rate schedule;

3. Release fees during normal business hours (Monday - Friday, 8:00 AM - 6:00 PM;

4. Access fees to allow the owner or the owner’s representative to remove personal property or examine the vehicle;

5. Yard fees, set-out fees, or gate fees for allowing the owner or any tow company designated by the owner or his insurance company to take custody of and remove the vehicle from the impound area;

6. Fuel surcharge fees;

7. Storage for the first six hours.

c. No other fees of whatever kind may be charged for services rendered during the first 12 hours that the vehicle is in the possession of the wrecker, beginning from the time the vehicle is delivered to the storage facility, except as specifically provided herein. Storage fees as set forth above may be assessed after the initial six-hour period based on calendar day increments. An administrative fee for compliance with statutory notice requirement, may be charged after the first 48 hours so long as the wrecker service has actually complied with the requirements of F.S. 713.78 including execution and mailing of the lien notice. Further, a “tarpaulin fee” in the amount of $15.00 may be assessed when the towing service reasonably finds it necessary to install and maintain tarpaulin coverage on any class A stored vehicle in order to protect the interior accessories or upholstery of such vehicle from damage by inclement weather. Tarpaulin fees for vehicles of any other class vehicle must be reasonable and based on actual costs.

d. An after-hours (Monday-Friday, 6:00 PM - 8:00 AM, Saturday and Sunday and National holidays) release fee not to exceed $50.00 may be charged.

e. The maximum fees set forth herein may be changed from time to time by a resolution adopted by the City.

f. The Towing Company shall not assess two (2) charges or any additional fees when a towed vehicle is pulling another smaller vehicle (e.g., wood chipper, utility trailer, etc.), provided the second vehicle may be safely towed in its normal manner without being disconnected.

g. Clean-Up Charges:

1. Towing Company shall at no cost to the City or the Police Department clean up all debris off the public streets, ways, sidewalks, parks, avenues, and property of the City, and remove the same to a proper place away from the crash scene.

2. The Towing Company shall not charge the owner of the vehicle being towed for cleanup.

h. Administrative Fee

1. An Administrative Fee for compliance with statutory notice requirements may be charged after the first forty-eight (48) hours so long as the wrecker service has actually complied with requirements of F.S. 713.78, including execution and mailing of the lien notice.

2. No other charges or fees, other than those specified and authorized in this schedule, are allowed for services provided under this agreement. If the contractor shall assess or collect any other fees, expenses, charges, or costs not authorized under this agreement, including, but not limited to, fees for administrative functions, yard fees, access fees, registration checks, etc., the City shall have good cause to terminate this agreement.

3. If a vehicle owner, or other person entitled to possession of a towed and/or stored vehicle, seeks to claim the vehicles from the Towing Company, the Towing Company shall provide him/her with an itemized statement, including any Administrative fees, of all applicable charges in every case where fees are due.

i. The City and the Police Department shall not be liable in the event of non-payment by the owner of the vehicle being towed.

j. The Towing Company agrees to tow abandoned or junked vehicles, and the City shall surrender all salvage rights that may be permitted by law to the Towing Company and shall retain no liens upon the vehicle, but the City does not guarantee or warrant that the Towing Company has any salvage rights from said assignment.

5. INNOCENT OWNER

A. An “Innocent Owner’s” vehicle may be towed and stored as a result of a crime. The Police Department shall identify these vehicles to the Towing Company. An “Innocent Owner” is an owner or other person authorized to possess the vehicle who is not the perpetrator of a crime or civil infraction. “Innocent Owner” vehicles include, but are not limited to, the following:

1. Recovered stolen vehicles

2. Vehicles that are seized for forensic testing (i.e. sexual batteries, abductions, homicides, etc.) when the owner/operator was not the perpetrator.

3. Vehicles that were damaged by stop-sticks when the owner/operator of the vehicle was not the intended target.

4. Vehicles damaged in crashes caused by or resulting from the pursuit of a criminal or a criminal flight from apprehension where the owner/operator was not involved.

NOTE: “Innocent Owners” shall not include those persons whose vehicles are determined by the Police Department to have been stolen by an immediate family member, where it is reasonably believed that the vehicle was exchanged by the owner/operator for illegal controlled substances, or where the vehicle is used in the commission of a crime, and the suspect is operating the vehicle with the implied or actual consent of the owner.

B. If a victim meets the definition of an “Innocent Owner” and has no insurance or has a deductible of seventy-five ($75) dollars or more, the Towing Company shall charge the “Innocent Owner” a fee not to exceed seventy-five ($75) dollars. The Towing Company can charge additional costs to the “Innocent Owners” insurance carrier or to some other insurance company who is liable for those costs, but in no event will the “Innocent Owner” be responsible to pay more than seventy-five ($75) dollars out of pocket for the cost of towing and the first seventy-two (72) hours of storage. The rate for subsequent storage shall be as stated in Section 4 (Rate Charged Owners). The “per tow” fee shall not apply to “Innocent Owners” tows.

6. PROHIBITED CHARGES

A. Charges for “waiting time” are expressly prohibited when providing services pursuant to this agreement.

B. The services called for in Section 1 of this agreement entitled SERVICES TO BE PERFORMED BY TOWING COMPANY shall be provided at no cost to the owner of the towed vehicle whenever the Police Department determines that the vehicle was towed in error at the request of the Police Department; Furthermore, the City shall NOT be charged any fee or cost if a vehicle is towed in error at the direction of the Police Department.

7. RATES CHARGED THE CITY

A. In consideration for the services to be provided by the Towing Company under the terms of this Agreement, the Towing Company will provide the City with wrecker services for City vehicles as outlined previously in 1(C).

8. SALVAGE RIGHTS

A. In consideration for the services to be provided by the Towing Company, under the terms of this Agreement, the City hereby grants the Towing Company all salvage rights that may be permitted by law on any vehicle which may be towed pursuant to this Agreement; however, the City does not guarantee or warrant that the Towing Company has any salvage rights from said assignment. This does not include those vehicles seized and held for possible forfeiture by the City. The City will not be charged towing charges or storage fees for storage in cases of vehicles seized for forfeiture. Prior to releasing a seized vehicle to the owner, the owner must pay the Towing Company for the towing and/or storage fees and present the City with a paid receipt from the Towing Company.

9. STORAGE FACILITIES

The Towing Company shall maintain a primary storage garage and/or outside storage facility complying with applicable building and zoning regulations; maintain a valid and current occupational license with the city of storage location; and maintain an office open to and available during regular business hours at the storage location. Business hours shall include Monday to Friday, 8:00 AM to 6:00 PM, excluding Saturday and Sunday and national holidays.

Such storage facility shall:

A. Contain a minimum of one hundred (100) spaces, measuring 9 feet by 19 feet each, in an area which is completely fenced and secure.

B. Have available a minimum of two (2) spaces inside a building for the storing of vehicles which require police processing. These spaces shall be maintained to provide protection from the weather and security from the general public for vehicles which require police processing.

C. Be located within ten (10) road miles of South Daytona city limits.

D. Each towing service shall staff or monitor its (published number) telephone at all times and immediately advise any vehicle owner or authorized representative who calls by phone the following:

· The storage site to which the vehicle was towed.

· The time the vehicle was towed or removed.

· The make, model, year, color, VIN and license plate number of the vehicle.

· The police report or event number assigned at the time of reporting by the Police Department.

1. The Towing Company shall have an employee on duty at said primary storage facility, or upon immediate call to the facility, twenty‑four (24) hours a day, seven (7) days a week, including national holidays, within 30 minutes.

2. Said storage facilities shall be subject to inspection and shall be approved by the City prior to the award of any contract. Storage facilities shall be subject to periodic inspections at any time during the term of this Agreement when deemed necessary by the City to ensure compliance with this contract. Notice of any discrepancies or deficiencies in contract compliance found by the City shall be submitted to the Towing Company in writing, and the Towing Company shall remedy the same within fifteen (15) days of receipt of such notice. Upon failure of the Towing Company to remedy the deficiencies in contract compliance, action may be taken by the City pursuant to Sections 24 and 25 herein.

3. Vehicles, which have been marked "HOLD" for investigative purposes by the Police Department shall be held at the storage facility, unless indicated otherwise, for whatever period of time necessary to properly process the vehicle and finish the investigation, at no charge to the City. Personnel of the South Daytona Police Department shall be permitted access to such vehicles at any time. Vehicles stored in enclosed areas shall be secured from access by unauthorized persons. The Towing Company shall take reasonable steps to protect all stored vehicles and their contents from theft and damage.

10. WRECKER EQUIPMENT AND WRECKER COMPANY PERSONNEL

A. The Towing Company shall, during the term of this Agreement, own or lease a minimum of four (4) wreckers to provide the services called for by this Agreement. The wreckers must include: two (2) Class "A" wreckers; one (1) Class "C" wrecker; and one (1) rollback. The wreckers of the Towing Company shall meet the requirements and specifications established and set forth in the current Florida Highway Patrol Rules and Regulations for wreckers.

B. Said wreckers shall be of a recognized commercial make and shall have a wrecker winch (chassis) and truck towing capacity suitable for the removal and transportation of the various types of motor vehicles contemplated by this Agreement without damage to such vehicles and without undue interference with the flow of traffic.

1. Each wrecker shall be equipped with the following: commercial/industrial tools, equipment and supplies, heavy duty push broom, axe, crowbar/prybar, fire extinguisher, bolt cutters, jumper cables, 4-way lug wrench, safety chains, flashlight, flares, flags, reflectors, snatch block, and winch cable.

2. Each wrecker shall have amber rotor/strobe lights which shall be used at the scene pursuant to Florida Statutes.

C. No owner, partner, employee, or agent of the Towing Company shall have been:

1. Convicted of any felony when the person's civil rights have not been restored.

2. Convicted of any felony or first degree misdemeanor within the past ten (10) years directly related to the business of operating a wrecker, regardless of whether civil rights have been restored. For the purpose of this rule, any offense involving perjury or false statement shall be considered to be directly related to the business of operating a wrecker.

D. The Towing Company shall not hire or retain any wrecker driver, permanently or temporarily, who has been convicted of the offense of driving under the influence of alcohol or any controlled substance or chemical substance to the extent that normal faculties are impaired or driving with an unlawful blood alcohol level, or of any criminal traffic offense, within the past five years.

E. The Towing Company shall provide written notice to the Police Department names, addresses and driver’s license numbers of all employees who operate or may operate any wrecker for the Towing Company upon execution of this Agreement and within seventy-two(72) hours of hiring any new employees.

F. The Towing Company shall provide written notice to the Police Department the names, addresses and driver’s license numbers of all employees who operate or may operate any wrecker for the Towing Company upon execution of this Agreement, each and every June 1.

G. All wrecker drivers employed permanently or temporarily shall possess a current valid Florida Commercial Driver’s License.

H. The Towing Company must have legally operated within Volusia County for at least one year prior to making a contract bid proposal with the City.

11. RADIO AND TELEPHONE COMMUNICATIONS

A. The Towing Company shall provide a two‑way radio communications system between their office and all tow trucks operated by the Towing Company. The Towing Company shall maintain a direct telephone line for incoming Police calls.

12. NON‑EXCLUSIVENESS OF SERVICE

A. The Towing Company agrees that the owner or person in possession of any vehicle which has been incapacitated shall have the opportunity of contacting a wrecker or tow company of his or her own choice if the disabled vehicle does not create a hazardous condition and a reasonable response time can be expected. Said person, at the accident or place of incapacity, shall be given the opportunity of having such vehicle towed to a location other than the storage facility of the Towing Company.

13. BENEFITS FROM REPAIRS PROHIBITED

A. The Towing Company shall not benefit directly or indirectly, without the express written consent of the owner of the vehicle, or the owner's designated representative, from any motor vehicle repair or painting with respect to vehicles towed and/or stored by the Towing Company under the terms and provisions of any agreement between the City and the Towing Company. Any such agreement between the Towing Company and the owner shall state the repairs/painting to be done as well as the price and terms of payment therefore.

14. LIABILITY OF TOWING COMPANY

A. The liability of the Towing Company for any towed vehicle and all property contained therein shall commence at the time a wrecker is hooked to any vehicle to be towed. The Towing Company or its employee, representative, or agent shall inventory all personal property contained in the vehicle to be towed and endorse the inventory prepared by the Police Officer in charge.

15. PERSONAL PROPERTY IN VEHICLES

A. To the extent provided by law, the Towing Company shall be accountable and liable for damage or loss to all personal property in the vehicles towed and for all vehicle accessories. Personal property situated in a vehicle stored by the Towing Company shall not be disposed of to defray any charges for storage or towing of the vehicle, except as provided by law. All such personal property must be returned at once, unless directed otherwise by the City, to the owner or person entitled to legal possession thereof upon proper proof of ownership or right to possession. The determination of the owner or person entitled to legal possession shall be made by the Towing Company. Should the Towing Company release any personal property, the owner or person entitled to possession thereof shall receipt the Towing Company for the same.

16. RELEASE OF THE VEHICLE

A. The Towing Company agrees to release any vehicle, which has not been marked "HOLD" to the proper owner, or person entitled to possession of the vehicle. The Towing Company will release the vehicle to the owner of the vehicle or the person that was in legal custody of the vehicle at the time of the tow, provided that there is no evidence to presume that the person was not authorized to have possession of the car. It will be presumed that said person was in custody of the vehicle if the person has the car key for said vehicle. Any vehicle, which has been marked "HOLD" by the South Daytona Police Department, cannot be released without prior authority from the Police Department. The Towing Company shall require proper proof of ownership or right to possession before releasing a vehicle, and the Towing Company shall be given a receipt for the vehicle.

17. POSTING CHARGES AND ACCEPTANCE OF CREDIT CARDS

A. The Towing Company shall prominently post a sign at the storage facility in such a manner that it is conspicuous to the public, which lists the charges to be imposed upon persons whose vehicles are towed pursuant to this Agreement. As to such persons, the Towing Company shall not impose any charges that exceed such posted or listed amounts.