HomeMy WebLinkAboutTri-County Towing, Inc, Piggyback Agreement 2016 09 21 STANDARD PIGGYBACK AGREEMENT
THIS `PIGGYBACK"AGREEMENT is made and entered into this I"day of October,
2016, between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation ("City")
and TRI-COUNTY TOWING, INC., a Florida corporation (hereinafter referred to as the
"Contractor"), under the terms and conditions hereinafter provided. The City and the Contractor
agree as follows:
1. The Purchasing Policies for the City of Winter Springs allows for"piggybacking"
contracts. Pursuant to this procedure, the City is allowed to piggyback an existing government
contract, and there is no need to obtain formal or informal quotations, proposals or bids. The
parties agree that the Contractor has entered a contract with City of Maitland, said contract being
identified as. Agreement Towing/Wrecker Services #410-2012-02 (said original contract being
referred to as the"original government contract").
2. The original government contract is incorporated herein by reference and is
attached as Exhibit "A" to this Contract. All of the terms and conditions set out in the original
government contract (Exhibit "A") are fully binding on the parties and said terms and conditions
are incorporated herein.
3. . Notwithstanding the requirement that the original government contract is fully
binding on the parties, the parties have agreed to modify certain technical provisions of the
original government contract as applied to this Contract between the Contractor and the City of
Winter Springs,as follows:
a) Time Period ("Term") of the Agreement: The first sentence of Article 11 of shall
read, "The basic contract period shall be from the date that this Contract is
executed until October 1,2017."
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b} Notwithstanding anything in Exhibit"A"to the contrary,the following terms shall
be substituted throughout the original government contract: City of Maitland =
City of Winter Springs; Maitland Police Department — Winter Springs Police
Department; Maitland Police Officer = Winter Springs Police Officer; Maitland
Police=Winter Springs Police.
c} Notwithstanding anything in Exhibit "A" to the contrary, Section 3.02 of the
original government contract is amended to add the following paragraph:
"In the event the Winter Springs Police Department requests impoundment of any
vehicle pursuant to Winter Springs Ordinance No. 2016-01, as may be amended
by the City Commission,the following terms and conditions shall apply:
i. The City will not be charged any towing, storage and related charges to
this vehicle under any circumstances.
ii. Vehicles seized and impounded by the Winter Springs Police
Department shall remain impounded until such time as the legal owner
and/or violator has paid the City the administrative penalty required by
Ordinance No. 2016-01, or the City rescinds the penalty, or as otherwise
ordered by the special magistrate or court of competent jurisdiction.
The legal owner and/or violator shall not be charged any towing and
storage charges if the Winter Springs Police Department removes the
order of impoundment because the Winter Springs Police Department
has rescinded the underlying violation of Ordinance No. 2016-01, or the
special magistrate or court of competent jurisdiction has made a final
determination that no violation under Ordinance No. 2016-01 has
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occurred.
iv. In the event that the legal owner and/or violator waives, in writing, the
hearing allowed under Ordinance 2016-01, and immediately retrieves the
vehicle within seven (7) days of the date that the City seized and
impounded the vehicle, and has paid the City the administrative penalty
required by Ordinance No. 2016-01, the legal owner and/or violator shall
only be required to pay the towing charges. No storage or other charges
shall be imposed by the Contractor for the storage occurring during the
aforesaid seven(7) day period. However, if the vehicle is retrieved after
the seven (7) day period, the Contractor may impose a storage fee for
each day thereafter until the vehicle is retrieved.
V. In the event that the legal owner and/or violator requests a hearing
allowed under Ordinance 2016-01, and immediately retrieves the vehicle
within seven (7) days of the date that the City seized and impounded the
vehicle, and has posted with the City a cash bond, money order or
certified check covering the administrative penalty and the towing
charges, the legal owner and/or violator shall only be required to pay the
towing charges. The City will retain the towing charges paid by the legal
owner and/or violator by cash bond, money order or certified check until
a final determination is made by the special magistrate or court of
competent jurisdiction. If the violation is sustained by the special
magistrate or court, the City will remit the towing charges posted by the
legal owner and/or violator to the Contractor. However, if the violation
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is not sustained, the City will refund the legal owner and/or violator the
towing charges posted pursuant Ordinance No. 2016-01. No storage or
other charges shall be imposed by the Contractor for the storage
occurring during the aforesaid seven (7) day period. However, if the
vehicle is retrieved after the seven (7) day period, the Contractor may
impose a storage fee for each day thereafter until the vehicle is retrieved.
vi. In the event that the legal owner and/or violator fails to request a hearing
allowed under Ordinance 2016-01 within seven (7) days of the date that
the City seized and impounded the vehicle, and has paid the City the
administrative penalty required by Ordinance No. 2016-01, the legal
owner and/or violator shall be required to pay the towing and storage
charges from the date of impoundment.
vii. in the event that the legal owner and/or violator requests a hearing
allowed under Ordinance 2016-01 within seven (7) days of the date that
the City seized and impounded the vehicle, but elects not to retrieve the
vehicle pending a final determination by the special magistrate or court
of competent jurisdiction, and the legal owner and/or violator is found in
violation by the special magistrate or court, the legal owner and/or
violator shall be required to pay the towing and storage charges from the
date of impoundment.
viii. Notwithstanding the aforesaid, the Contractor acknowledges that in some
case the City may enter into Settlement Agreements pursuant to
Ordinance No. 2016-01 that may result in towing and storage charges
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ordinarily imposed under this Contract being compromised in the City's
discretion. Contractor agrees to accept such compromises set forth in
such Settlement Agreements."
d) Notwithstanding anything in Exhibit "A" to the contrary, the last paragraph of
Section 3.11 of the original government contract is amended to state that, "The
storage lot and building must be within a 7 miles radius of the Winter Springs
Police Department, located at 300 N Moss Rd, Winter Springs, FL 32708 unless
another location in close proximity of the 7 mile radius is approved by the Police
Chief in writing."
e) Notwithstanding anything in Exhibit "A" to the contrary, Section 3.10 Invoicing
of the original government contract is amended as follows: All City-owned
vehicles disabled because of maintenance failure will be towed by Contractor
directly to the City's Public Works Building located at 390 Old Sanford Oviedo
Rd, Winter Springs, FL 32708, 407-327-2669, unless otherwise directed by the
City.
f) Notwithstanding anything in Exhibit "A" to the contrary, the last sentence of
Section 3.12 of the original government contract is deleted in its entirety and
substituted with the following sentence, "Contractor shall become familiar with
City of Winter Springs Ordinance 2016-01 (codified as Section 12-100, Winter
Springs Code), as may be amended from time to time,related to the Impoundment
of Motor Vehicles, and any other applicable City Codes related to the
impoundment and towing of vehicles." A copy of Ordinance 2016-01 is attached
as Exhibit"B"to this Contract.
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g) Address change for the City of Winter Springs: Notwithstanding the address and
contact information for the government entity as set out in Exhibit "A," the
Contractor agrees that he/she/it will send notices, invoices and will conduct all
business with the City of Winter Springs, attention of Police Chief, at 300 N Moss
Rd,Winter Springs,FL 32708,telephone number(407) 327-1000.
h) Notwithstanding anything in Exhibit"A"to the contrary, the venue of any dispute
will be in Seminole County, Florida. Litigation between the parties arising out of
this contract must be in Seminole County, Florida in the Court of appropriate
jurisdiction. The law of Florida will control any dispute between the parties
arising out of or related to this Piggyback Contract, the performance thereof or
any products or services delivered pursuant to such contract.
i) Notwithstanding any other provision in Exhibit "A" to the contrary, there shall be
no arbitration with respect to any dispute between the parties arising out of this
Contract. Dispute resolution shall be through voluntary and non-binding
mediation, negotiation or litigation in the Court of appropriate jurisdiction in
Seminole County, Florida, with the parties bearing the costs of their own legal
fees and related costs with respect to any dispute resolution, including litigation.
j) Pursuant to Section 119.070 1, Florida Statutes and other applicable public records
laws, Contractor agrees that any records, documents, transactions, writings,
papers, letters, computerized information and programs, maps, books, audio or
video tapes, films, photographs, data processing software, writings or other
material(s), regardless of the physical form, characteristics, or means of
transmission, of Contractor related, directly or indirectly, to the services provided
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to the City under this Agreement and made or received pursuant to law or
ordinance or in connection with the transaction of official business by the City,
may be deemed to be a public record, whether in the possession or control of City
or the Contractor. Said records, documents, transactions, writings,papers, letters,
computerized information and programs,maps,books, audio or video tapes, films,
photographs, data processing software, writings or other material(s), regardless of
the physical form, characteristics, or means of transmission of Contractor are
subject to the provisions of Chapter 119, Florida Statutes, and may not be
destroyed without the specific written approval of the City's designated custodian
of public records.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CITY'S CUSTODIAN OF PUBLIC RECORDS, ANDREA
LORENZO LUACES, CITY CLERK, AT (407) 327-5955,
A1uaees(a',wintersprin1!stl.or ; 1126 E. State Road 434, Winter
Springs, Florida 32708.
Contractor is required to and agrees to comply with public records laws.
Contractor shall keep and maintain all public records required by City to perform
the services as agreed to herein. Contractor shall provide the City, upon request
from the City Clerk, copies of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided by law. Contractor shall ensure that public records that are exempt
or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the Agreement term.
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Upon completion of the Agreement, Contractor shall transfer to City, at no cost,
all public records in possession of the Contractor, provided the transfer is
requested in writing by the by the City Clerk. Upon such transfer, Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. However, if the City Clerk
does not request that the public records be transferred, the Contractor shall
continue to keep and maintain the public records upon completion of the
Agreement and shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to City, upon request from the
City Clerk, in a format that is compatible with the information technology systems
of City. Should the City not possess public records relating to this Agreement
which are requested to he inspected or copied by the City or any other person, the
City shall immediately notify Contractor of the request and the Contractor shall
then provide such records to the City or allow the records to be inspected or
copied within a reasonable time. If the Contractor does not comply with a public
records request, the City may enforce this Section to the extent permitted by law.
Contractor acknowledges that if the Contractor does not provide the public
records to the City within a reasonable time, the Contractor may be subject to
penalties under Section 119.14, Florida Statutes. The Contractor acknowledges
that if a civil action is filed against the Contractor to compel production of public
records relating to this Agreement, the court may assess and award against
Contractor the reasonable costs of enforcement, including reasonable attorney
fees. All public records in connection with this Agreement shall, at any and all
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reasonable times during the normal business hours of the Contractor,be open and
freely exhibited to the City for the purpose of examination, audit, or otherwise.
Failure by Contractor to grant such public access and comply with public records
laws and/or requests shall be grounds for immediate unilateral cancellation of this
Agreement by the City upon delivery of a written notice of cancellation. If the
Contractor fails to comply with this Section, and the City must enforce this
Section, or the City suffers a third party award of attorney's fees and/or damages
for violating Chapter 119, Florida Statutes, due to Contractor's failure to comply
with this Section,the City shall collect from Contractor prevailing party attorney's
fees and costs, and any damages incurred by the City, for enforcing this Section
against Contractor. And, if applicable, the City shall also be entitled to
reimbursement of all attorneys' fees and damages which the City had to pay a
third party because of the Contractor's failure to comply with this Section. The
terms and conditions set forth in this Section shall survive the termination of this
Agreement.
k) Notwithstanding any other provision in Exhibit "A" to the contrary, the City
intends to avail itself of the benefits of Section 768.28, Florida Statutes, and any
other statutes and common law governing sovereign immunity to the fullest extent
possible. Neither this provision nor any other provisions in this Agreement shall
be construed as a waiver of sovereign immunity by the City. Nothing in this
Agreement is intended to inure to the benefit of any third party for the purpose of
allowing any claim which would otherwise be barred under the doctrine of
sovereign immunity or by operation of law.
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1) No Person other than the City and Contractor themselves has any rights or
remedies under this Contract.
m) All towing and storage services provided under this Contract shall comply with all
applicable laws. Subject to the applicable provisions of this Contract, the towing
and storage rates and charges shall be as set forth in City of Maitland Bid
Tabulation attached hereto as Exhibit"C," and hereby fully incorporated herein by
this reference. Contractor shall maintain on file with the Winter Springs Police
Department a schedule of all approved towing and storage rates and charges.
n) All other provisions in the original government contract (Exhibit "A") are fully
binding on the parties and will represent the agreement between the City of
Winter Springs and the Contractor.
4. This Contract is not a requirements agreement nor is it an exclusive agreement.
Accordingly, the City of Winter Springs reserves the right to purchase the goods or services that
are the subject hereof from any alternative Contractor during the contract term, regardless of
contrary language in the underlying contract that is being piggybacked.
[Signature Page Follows]
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Entered this 1 st day of October,2016.
TRI-COUNTY TOWING,INC.
CONTRACTOR
TERRY T. BAKER By'2'ar.we"'i Npti[y Public-State of F4arida N idle:COMMISsion # FF 946417 Date:Ally Comm Expires Jan t0.242w, Bonded Shrouyij Na'uii +:Notary assn. Attested by'
Name: .. fi r• r
CITY OF By:
Keviel Srni ity Manager
Date: G r
Attested by: �-
Andrea Lorenzo Luaces, City Clerk
lI
EXHIBIT"A"
City of Maitland Towing Contract
(9 Pages)
�z
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Y
AGREEMENT
TOVVWGlWREt4ER SERVI CES#418-?A3?-02
THIS AG JgWF I'is made and entered into this 13-0'dBY of 20-2.,,, between the CITY
OF MA]'rI.AND, a Florida nstmicipal corporation►hereinafter referred to as the"MY", end
County Towine.1jg. ,hereinafter referred to as the"CONTRACTOR".
WrIWESSETH:
Whereas,The CTrY desires to obtain the Soviets of the said CONTRACTOR to Provide and perform
continuing towing and wrecker services as further described herein;,and
Whereas,T1ee Cn Y roq=W bids fxmn gwMcd entities to p%Mde such towing and wrecker services,
and
Wheraw, the CONTRACTOR revkwed the requirements to pr+avido said services and is cluaiificd,
wiffing and able to psoAdc all services in accordance with the provisions, conditions and terms
thereinafter act forth.
NOW,THEREFORE,in coxWderetion of the mutual covenants and afire weals hemcin conaW4 it is
agmed by and between the parties hereto as follows:
ARTICLE 1A0–GENERAL DESC REMON OF SERVICES
The services shall include.tart=not ntxxssarily limited to,tow and store any i mpatmdod,sbandoued,
or wrecked ,motor vehicle, boat, rooreafional vehicle, or trailer in a worlmnsn like manna and
witltout causing damage to said veMcle, etc. Such motor vehlcfe, boat, recreational vehicle, err
trallerr to be stored at CONIRACrOWs place of business unku otherwise MUSS ed by the CITY.
CONTRACTOR to render prompt, cffida t and competent tovjkW cared= eervlee whenewa
armtmoned by the CITY.
ARTICLE 2.00–TERM OF C,ON UCf
The basic Contract period chair be from date this Conbuct is execoted until l"ebnuuy 12,2013. The
CITY,at its sole discretion,after the basic G)nUact period,may a ftW the Cnn€ract for additional one
(1)year periods,to a maxmmm of five(5)total years, or may elect to re-advartise at the end of each
Contract peritod. Any changes is the scope of services or prices will be presenW by City Staff to the
City Council for approval or rejection before extension of a cor►bw with such changes.
ART XCI.F 3.00–SCOPE OF SEttN7CE$
3.01 involveneut with the Public
The collection of all towing and storage fees ftm the public and as assessed by the Wrecker
stall
be the sole responsibility of the Wrecker. It is expressly agreed between the pasties hello
drat the: CITY will not be, responsible or liable fir any fees or charges or service requesK
( Pego 1 oi9
L IBIT
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performed under the Agreement between the Wrecker and any ciu'dzaa except as may be aged
herein. No repairs shall be made to any such wrecked vehicle by dke Wrecker or their agents,
sub-contractor, or employees of the successful contractor without the consent; permisskm
agreement, acquiewAwe, cooperation, compliance, or convenience of the Wry unless said
repairs wtse orized by the china legally responsible for the vehicle. Any agreement
for the repairs and terms of payment shall be between the citizen legally responsible for
the vehicle and the Wrecker. The CITY shall in no way be held liable my become involved in
the agreement between the person legally responsible fortor the owner of the vehicle, and the
Wrecker,their agents,employees,or subcontractors.
3XZ Impoundment by Order of the Maitland Pollee Department Personnel:
In the event the bbitland Police request impoundment of any vehicle for the purposes of
investigation,said towing, storage and related charges to this vehicle will not be chned to the
CITY,nor tine legal owner,until the order for impoundmentt has been removed by the Maitland
Police. WIMN THE o"ER OF IMPOUNDMENT HAS BEEN OVED, AND AT that
time the storage charges shall begin and become the responsibility of the legal owner. ANY
TOWING CHARGES AND ANY SPACIAL EQUIPMENT CHARGES SHALL $E THE
RESPONSIDQ.I y 4F Tim LEGAL QWNBR AND NOT THE C1TY.
If a vehicle is towed to the Police Department and fim towed to the Towing Facility, two
separate towing charges are locunrc&
3.03 Clean tap of Area:
The successful contractor shall promptly clean all debris off the public art eele,ways,sidewalks,
pants,avenues,and property of the said City of Maitland,or location of service,and dispose of
same to proper place away from the scene of any such wreck if the wreck is to be, is being,or
has been serviced by the Wrecker,his agents,or employees.
3.04 Response Tlaa c
The Wrecker shall render competent wrecker or towing service to any such abandoned or
disabled vehicle under Maitland Police Policy 1002 (Exhibit "A"j subject to CA at stay and
all times with comet help; night and day, Sundays and Holidays included. The Wrecker
must respond to all service calls originating fiam. the Nfiitland Police Department, or Code
F,nforc a mment,and be at the scene of an accident within the C17Y no late'than thirty(30)minutes
franc the time of notifiieglion by the MY.The Wrecker musk also fivnisb twenty-four(24)hour,
seven(7)day a week wrecker and storage service.The Wrecker shall maintain the availability of
a representative by telephone 24 hours a day,7 days per week,365 days per year.Time Wrecker
is required to tow a vehicle whether or not someone is with the vehicle when the CITY regueM
service.
3.05 Communication Requiramenta
The Wrecker shall equip and maintain a cellular telephone and/or radio communications rystem
of their choosing between all of their tracks and wreckers and the places of business of the
Wrecker. A citizens band radio (commonly known as CB Radio and apa sting betovtxsta the
frequencies of 26.965 and 27.405 as authorized by the Federal Communications Commission)
shall not be eonstnued to be in compliance with this section. A signature will be obtained from
an audwized.agent of the City of Maitland at the time service is rendered if the CITY rewasts
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the service.
3.06 Emetgency Respoasa:
Ln the event of a potential emergency or natural disaster,if tequestcd by the CTN,the Wrecker
shall assign one wre&a and experienced driver to an area of the CITY's designation for use
during w immedtawly alter said emergency or disaster. if appropriate,the fee schedule include
herein will apply.
3.47 Licensee and Compbamtee:
The Wrecker is to have in their possession a valid and ca mat Orange County, (and if locations
demands), Seminole county Occupational Liemum, and City License for Automobile Towing
and Wredw Service for the duration of the multing conuscn.The Wrecker shall,at all times,
comply with an State Statutes,(not limited to die most recent valid 705.110 1,to 705.19, 713.78
to 713.79; 735.02 to 705.05), and alrall also comply with any and all updates or amendments
required by the State of Florida (not limited to Commercial Driver's License). Also, the
Wre&er shalt comply with any and all City, County and Muuigipal,Codes, Ekdhowes,laws,
and Policy in po formal any and all duties and services in connection with the resulting
conhac t The operators of equipment$re required to have a valid Florida's CommacW Driver's
License (CDL) following the Florida State Statute and maintain this status and Room during
the term of their employment with the Wiecker during the cooked term. The CITY at any
givers time may require the Wrecker to submit proof that they are in compliance with these
k
3.08 Subcontracting:
in the evens that at any time the faculties or equipment of the suooessful contractor shall be
overtaxed or losufllcient for the Wrecker to render proper service,the Wro&er may furnish such
services through a subcotnawtor with the proper oquipmemt and appropift licxan d* Use of
a subcontractor does not rrdleve the Wrecker of lsislher responsibilities to provide unintexrtrpted
service to the CITY in'compliancc with the comtrut. Said services shall be at no extra charges
tct the CRY or citizens.The prices agneed upon in the final contract shall prevail wlthmA regards
as to whoavrr is providing the&eruct sarvice.A list of all names,addresses,phone numbers and
the managers of the suboouttaatoss that will be used whoa and if necessary must be noted as the
adteched Summary Shed#7,titled LISTING OF SUBCONTRACTOM.
The possible exception to this is for any vehicle in custody of the Polloe Deparfineat.Permission
to remove or 6tom at any location other than the original c oubactar's trust have prior written
approval yearn a Police Department Official.If a differwt location is not specifladly requited
by the Police official it is tuule ADW the vddole will be placid attire Wrecker's fatality.
All snbconanctors must provide certificate of intatrarroe with the City of Maitland listed as an
Additional Insured. Certificate must be included with bid response,or a notarized letter fim the
insurance carrier stating the is able to obtain required amount of insmrancc within 5
days ofthe tt d=ofaward.
3.09 Equipment:
The towing vehicles strap be equipped with HIVlsibd* rotating beacons of amber color as
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prescribed by Flwida Statute 316233 (the most tap to date version).Bach towing vehicle will
carry at least Am(4)saes to protect the ac6daht scene if required.
310 btvoldng:
Whm a seine scenes t abandoned, or code afte mtatt violation vehicle is vPA the City of
Maitland Police Depgr.meat or Code Enforcement Officer will be glven a detailed invoice wiitb
the imam listed blow. What a phwatdy owned vehicle (not trader hold by the police
deparimertt.) is towed,,the veblele's owner will be invoiced dha dy.Tbte Wrecker agrees that
the owner of any vehick wrecked upon public sfnets or Mora ys within the incaTorated taunts
of the City of Maitland and remahft thereon atba being wrecked shall have the option to
designate the firm or person of their choice to haul such vehicle f a m the scene of the wreck.
There shall be no charges for towing Cry Vebloles,or for service calls to CUT vehicles(jump
starts,tint tires,etc).
All inoices will clearly indicate the falbwhW.
Classification of wtec err or trtnck used.
Total amount of waiting time at the scat,
Total ralleage ofrequbvd tow,
Date of service,
Location ofae mm and description ofstxvices reudaW meludiag arW special egtquent used
Reference the vehicle mWber and tag number for all City award vehicles Mpffing service,
if the vehicle is City owned or prfvatety owned,
Location vdMc was towed to
Who requested the service,by name and departrnem.
All payments for towing service will be made In accordance with the Wrecker class definitions
and therefore payment will be made for the smallest class'Wrxka capable of ptnfotming safe
towing of a puticular-51w veh-tcle regardless of which class Wreelmr is actually used to Tender
the Service. All City-owned vehicles disabled because of maintenance failure would be towed
ditrx*to the Fleet Mawtea me Division, 1843 Fennell Street MAtlmad Fl. Detailed invoices
for City vehicles are to be mailed once a month to the Fled 1 Abiteneaae DirecW or dmignee,at
the above address.
3.11 Storage II+'><emum.
All storage facilitieo provided by tine 'Wtrclur trader this Weemeat for any unwed or haired
motor vehicles, bwd, t meOonsl veNdc err trader shall, as a minimum teph anent, be in a
sommly Reed awI6 with storage thcilibies adequate to contain 15 passenger moW vehicles,
boats, r+ecreafioual vehicle or trailers or a combination of these, at any one time; and have an
inside secure storage area two accommodate a minimum of 2 passenger motor vehicles, boats,
recreational vehicle or trailers or a combination of these, at any One time. The term "inside
secure storage"shall mean within a roofed structure with solid walls and a closeable door,such
that the enclosed vehicles can be sectored away from access by arty person(s)with access to the
open storage area.Only specified employees of the Wrecker shall bhrve access to the Impounded
vehicles,et a1. 'Wrecker will advise dw CrlY ofthe mum offt employees who love aeon to
the enclosed sump area slang with their driver's Imam number.
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The Wrecker shall make provisions to have the storage facility available so that personal
property may be removed frm the stored vehicle, moat, recreational vehicle or trailer, or that
the vehicle may be released to the owners of record after proper pictured identification has been
printed to the Wrecker. If'w*of these actions pertain to a vehicle,boat,recreational vehicle
or trailer that the Maitland Police Department has in storage,the Wrecker mast make a copy of
the pictvrrd identification, driver's license or other document presc uwd at time of rmwval of
amides or vehicle, boat,reavgional vehicle or trailer. This copy of the pictured idqndfic ation
win be forwarded to the Maitland Police Department for their r+ethtuds.
Arrangements for private owner to pick up any articles or their vehicles after normal working
hours(as gated above)mast be made between the Wrecker and the individual. Access to items
in the vehicles being requested beyond the normal working boars of the Wrecker company will
result is an additional charge to the vehicle m mer. The Wrecker shall periodically ooutad the
Special Operations mptmsor of the 1V eMand Police Depar mcnt and report all coafis mted
vehicles in storage by the to& number, make, model and year and time and daft of service
rendered.
Vehicles under Police order as a crime scene or "v*cioas" designation shall be sealed
from ar<yorhe touching or gsiumS enhance or remnow* any items inside or attached to the
vehicle. Pmmission mast be obtained by the CID Livaknant or his designee prior to any such
aeons. Vheclner MUST take a copy of the ptrson(s)valid ID such as a driver's license,voter's
registration,swW security card and have there sign the impound shert prior to allowing access
to the vehicle.
TLe storage lot and building must be within a seven (7) mile radius'of the Maitland Pollee
Deparment, 1847 Ftonell Street,MaWannd,FL,32751.
3.12 Documents and Records:
The Wrecker shall provide the CITY with copies ofthe 5ollowit a with the lid rrsponw.
Currant orange County,and if ummary,a Seminole County Occupational License,
City of Maitland Occupational Liceanse, or applicable city where tbz business and atom is
located.
kReguimd Calif] ales of bsurances as described herein,and
The Wrwker shall ktep and maintain NI and comuplete records of each and May motor vehicle,
boat,r+=gational vehicle or trailer towed or stored by these under the tuns of this agreement.
These records shall include a complete description of the motor vehicle, boat, recreational
vehicle or frailer,including:make,model,color;tag numbers acrd state,VW or hull number,date
towed wW now of the WrecloWs employec who effects the release of said article to its owner or
cbmant.Such records shall be made available to the CITY upon TDOW.Then records may be
rendered to the N[aidand Police Department upon t rIninatiOn-for any raw=-of this contract.
(Before releasing any vehicle upon which the CITY has placed on "hold", the Wrecker shall
contact the Maitdand Police Depatment to determine if the vehicle on"hold"has been released.
{
The Maitland Police Ofd can give vertyei authorization to release the vehicle by telephone to
the Wredser after giving their idendflcodon and badge lumber.AD records must also carry these;
m mbets as refacnir,as well as the ds a of permission for release.
No vehicle towed by the wrecker to their storage facility at the request of the CnY shall be
disposed of in any fashion except by provisions set forth by the State Sumites latest ruling.
The carnt5cactor is to become familiar with the City of Maitland Code, ARTICLE V.
ABANDONED AND DISAMM MOTOR VM-11CLFS - all sections 1 841 (Ddir OUS)
&=,g n Sec. 18 36 Disposition of Vehicles.
ARTICLE 4.00—V49LMANCE
The CONTRACTOR shall require their insurance earners, with respect to all ins� policies,
to waive an rights of subrogalionn against to CITY. The successful CONTRACTOR shall submit
ctatificatas or osier doottmmenuth n aVWa= to the CITY with the si8aed sgme meat, aanetietg to
$tarts w coverage for Waiter`s Compeasahmn Immninc9e as reTwed by this Florida Stemmas. Public
Liability,Property Damage Insurance,Professional Liability Insurance(when applltmble)m the amount
of$1,000,000,and other requirements,as mtenm Awd on and in the amounts specified bdow.
• eiRNERAL LiAAII.['[Y'�
Bodglr hdwv, •^,•Ti 53,400,1100 cacti oammmoo
AOMPO agomptc
1'ropet y: 51,040,000 each oommee
$1100 im aggregate
Or
St,Og0,040 bodiry h1my
ss,00k=sad ply d=ap coenhh ed cant:oeaurom
•Including:Pmmbcs4pvatia IndepcPt Cont:adore,:ProdudSACOMpleted Opetmd*%§s Posma Itljuay
Liability;Fite Legit LisHfily.If the oq awe adsts,Roc A)U*wing are required Rtosloa&Cal"ROE*
L ttdWSoaed Hmurd,Commend et Btosd Am Property 13rmmge.
Bodly Igjury. SWUM ewh palm
$1,000,000 ewh acw0t
Pen"Dse: SIA44,000 eerh adde nt
or
53,000.000 bodily oaiwy erA fiop ly dmspomblW dude oaau ww
•Iucludtng: owned,hired A emplayer's non-owwd vehicle(A)
Workw's Com eau: Statutory:as required by the Ode of F1or'rds
13j pj.oYF!'S LIAB1L17V_ S`500,400 dui seddmt
ARTICLE SAO—l,NUEMNMCATIOPI
5AI IndemtnifWadvt
The CONTRACTOR hereby agrees to indemnify and hold hemnless the (pity of Maitland, ad
its officiats, represntaiives, aped, officers, and employees Gam mad against all claims for
1. Pap s en
infringement of any United States Patent and all other claims, damages, losses and expenses
(niehrding Without limitation costs of defending the saner and attorrtWs fees)wising out of or
resulting fr(an the performance of the work furnishing of services, or fiunishing of mateaials,
goods,or equipment (including but not limited to claims regarding defects in maderials, goods
or egWpao vA)which is caused in whole or in part by any breach of conhact,act, or omission
of the CONTRACTOR, any subcontractor. anyeme dirndl, or kilitectly aWoyed. by any of
them or anyone for whose acts any ofdwm may be liable. The CONTRACTOR shall indemnify
and hold harmless the City of Maitland from and against my and all claims against die CITY,
or any of its officials,representatives, agents,offieers,and employees,by my empluyeo of the
CONTRACTOR or of any srabcontractor.The indemnification obligation under this clause shall
not be.limited in any way by any limitation on the amount or type of dunages,owapensation or
bmm is payable by or for ttte contractor or any subeonitirador under any Worker's Campensation
Act,Dlsability HencM Ad,or other Employee Beni t AM
SA2 Accidents&Claimer
11te CONTRACTOR shall be held ngx=1ble for all accidents and shall hWWn ify, hold
harmless, and protect the MY from all suits, claims and actions brought againd to CITY
or its officials, representatives, Waft, officom and wTbyyees, and all =U, dmnages, or
liabilities to which the C1TY or its of'Eiclak rapres=tM vas, aged, of cam and employees
may be put or cgws4 for any injury or alleged iidury to the person(s)or property(s)of another
resulting;ro m negiigctaee or carelessness In the performance of the work,or in protection of the
project site, or from any improper or inferior worla na sship, or £rum infierW mtatnials used in
time work,or otherwise related to the project. The COi+ITIiACTOR is to a Oft WW"repair,
at the CONTRACTOR'S cost, all & nfed lnfrsstruchn back to its prb4zistiq coMition if
the damage was caused by the CONTRACTOR or &*cwtradrars. See also SeWon'4.00 —
lfnsutatrcc.
5.03 Savere3 p Lanus*Raacrvod
The MY remvcs and does not waive arty and all defoases pr m ided to it by the laws of the
State of Florida or other applicable law,and specifically reserves and does nat waive the defense
ofsavere(gn immunity.
ARTICLE 6A0—PROE013MONS
The CONTRACTOR, hiAcrAb employcc4 subcontractors, and hislite f& employees are
prohibited frmu unlawful drug or alcohol possession and the use,manufactnre,or dispel ion
of controlled subsfamoes while at work and while traveling to or foam waiL If arty einplayee
reports to work under the influence of alcohol or drags the employee shall be immediately
removed ftm the CITY Premises by the CONTRACTOR- The cantractor will be held
respaarsrMe for any daaaagaa,lass or extra expenses caused by delays incurred by such adians.
ARTICLE 7.00—171MMAMN
7.01 TertiatioaiConedhtiioa of Contract
FW7of9
All contract obligations shat[ prevail for at least one hundred and eighty (180) days after
etif'ex;tive date of the ioniser,.After this period, for the protection of both parties,either party
may cancel this coatract in whale only,by givlttg no iess than(30)days prior notice in writing to
the other party.
Termination or cancellation of the contract will not relieve the CONTRACTOR of any
obligations for any deliveries entered into prior to the termination of the contract(Le.re xx%
suuments of accounts,etc,,required and not received).
Termination or cancellation of the cork will not relieve the CONTRACTOR of any
obligations or liabilities resulting fiam any acts eammitted by the CONTRACTOR prior to the
termination of the contract.
7.02 Termination for Adult
The CITY'S Public Wants Director or Odd City rqWtftMtiv6 shall Aril)►, in writing,, the:
CONTRACTOR of deficiencies or debult in the pafomam of its dories under the Cotnraet,by
regular mail(or otherwise)to the address provided by CONTRACTOR in its bid.Three separate
documented inxtancrs of deficiency or failure to perform in secordance with the spescff cations
contained hersis shall c mdtdc canoe far kmthation for default; unless VecWwd elsewhere
in the solicitation,whether or not the CONTRACTOR has received notice of those instanoea
of deficiency. It shall be at the t;"1'1"Y's discretion whether to eacerdse the right to fie.
CONTRACTOR OR shall not be£exmd in default for events arising due to acts of God.
7.93 Taudnatloo for City's C.o>oveddeucc
The performance of work under this eratttraat may be terminated in awordance with this clause
in whole, or from the time in part, whenever a City rive shall.deterttlne that such
termination is is the best interest of the C1Ty. Any such termination shall be effeetcd by the
delivery by regular mail(or otherwise)to the address provided by CONTRACTOR in its bid of a
Noeice of Temuiinallon specifying the adent to which performawA of wont tinder the contract is
Umnirm cd,and the date upon which sash unniusa0amr becomes effective. Upon such termination
for convenieme,CONTRACTOR shall be entitled W pa m ork In a000danees with tbe:payment
provisions, for services rendered up to the termination date and the CITY shall have nD other
obligations to CONTRACTOR. CONTRACTOR shall be obligated to continue petfb manc a of
contract services,in accordance with this contract,uustil the termination date and shall have no
fwdkw obligation to perform services after the tcrminsdan dates.
ARTICLE 8.00—PERSONNEL
8.01 Equal Opportunity Employment
The CONTRACTOR agrees that it will not discriminate against say employee or applicant for
employment for work under this Agreement because of race,actor,religion,star,ago,disability,
or national origin and will take steps to ensure that applicants are employed,and employees arc
treated during employment without regard to race,color,religion,sex,age,disability,or national
origin. This provision will inchrde,but not be limited tb the following.employ110e04 upgrading;
demotion or transfer, recruitment advertising; layoff or termination; rates of pay. ox other
forms of caunpemsation;and selection for training, including apprenticeship. Each employee of
page s t+f 9
the CONTRACTOR shall be a citron of the Untied States or an alien who has beau Lawfully
admitted for paammo t residence as evidenced by an Alien Registration Receipt Card. The
WN17tACMR agrees not to employ MY P&SOA undorgaiag seratarce of imprlsoMug accept
as pmvided by Public Law 8947(,September 10, 1965(or most rwMI)(18 USC 4082)(a)(2).
&02 Fair Labor Standards Act
CONTRACTOR is required to pay all employees not less than the Federal mihimum wage and to
abide by ether requirements as established by the Congress of the United States in the Fair Labor
Standards Act,as amended from time to time.
L03 Unauthorized Alicas
The Owner shall consider the eraployarent by CONTRACTOR of unauthorized aliens as a
violation of section 274A(c)of the lmmignMon and Nationalization Ad,as amended;and shill
be considered a basis for determination by the CITY of a non-responsive bid. his rocpd ment
shall be contained in any ooatract ceecuttod pursuant to this Request far Bids.
IN WITNESS V ERMF, the parties hereto have execute4 or caused to be executed by their duly
authorized officials,this AGRF.F2Viffiw1T.
CITY OF MAnI AM TRI-COUNTY TOWING,INC
r are,Cry rl eli-ttk•
Address r t �o19r
L nay
PW9of9
EXHIBIT "B"
City of Winter Springs Ordinance No.2016-01
(10 Pages)
13
ORDINANCE NO. 2016-01
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; AMENDING CHAPTER 12, MOTOR
VEHICLES AND TRAFFIC, OF THE WINTER SPRINGS
CODE OF ORDINANCES TO CREATE A NEW ARTICLE
V. RELATED TO THE IMPOUNDMENT OF MOTOR
VEHICLES UNDER CERTAIN CIRCUMSTANCES
INCLUDING BEING USED TO FACILITATE CERTAIN
MISDEMEANOR CRIMES AND TO VIOLATE CERTAIN
PARKING AND TRAFFIC REGULATIONS; REPEALING
SECTION 12-54 OF TIRE CITY CODE; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS, INCORPORATION INTO THE
CODE,SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS, the City of Winter Springs, Florida, (the "City) is granted the authority,
under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes,
except when expressly prohibited by law,and
WHEREAS, the City Commission of the City of Winter Springs, Florida (the "City
Commission's finds that motor vehicles are frequently used to facilitate the commission of
certain crimes;and
WHEREAS,the City Commission also finds that motor vehicles parked in violation of
duly enacted parking regulation applicable within the city, or left unattended, where such
vehicles impede traffic, create a traffic hazard, and obstruct access to the city's utility facilities
are potentially harmful and dangerous to the public;and
WHEREAS, the City Commission desires to enact a vehicle impoundment ordinance
that empowers police to impound motor vehicles that were used in the commission of certain
misdemeanor crimes or parked or left unattended in such a manner to be potentially harmful and
dangerous to the public;and
WHEREAS, in accordance with the City's municipal home rule powers and the police
powers vested in the City by law,the City Commission desires to adopt this Ordinance in order
to discourage and deter the commission of certain potentially harmful activities and criminal
offenses within the jurisdictional limits of the City;and
WHEREAS, the City Commission of the City of Winter Springs,Florida, hereby finds
this Ordinance to be in the best interests of the public health, safety,and welfare of the citizens of
City of Winter Springs
Ordinance No,2016-01
Page 1 of 10
EXHIBIT
Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby filly incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
ion Z. Establishment of New Article V entitled "Ira oundment of Motor
V_-chileL Article V,entitled"Impoundment of Motor Vehicles"of Chapter 12"Motor Vehicles
and Traffic" of the Code of Ordinances of the City of Winter Springs, Florida, is hereby
established,as follows(proposed additions to City Code are indicated by Mndg&e
ARTICLE V.IMPOUNDMENT OF MOTOR VEHICLES
See. 12-100. Impoundment of motor vehicles used to facilitate_certain misdemeanor crimes
and parking and traffic regulations.
(a) De�rritionx
(1) Lienholder means a bona fide lienholder whose security interest in the
vehicle has been perfected in the manner grescribed by.law prior to the seizure.
(2) Motor Yehicle means a motor vehicle as defined in section 320.01 ,
Florida Statutes_
(3) Owner or Owner of.Record means the person or persons to_whom a
particular motor vehicle is registered or titled pjjgr to the_seizure_
injoundment authorized under!his section..
(4) Person in Control means aperson who is found to be in the control of
Motor vehicle at the time of e allf,99d violation other than the owner of the
Motor vehicle.
(5) Special Marristrate means an individual designated and determined to be
ualified by the efty commission pursuant to Section 2-58 of the Cfty Code.In the
contcA of this section the special mjIgaiLtrate shall have the same veers t
pursuant to section_2-59 of the Cit+� Code.
Construction;A I'c blli . This section shall not a 1 and no vehicle shall be
seized and impounded-pursuant to this section if
City of Winter springs
ordiwm No.2016-01
Page 2 of 10
[.t) A law enforcement agency has expressed its intent, in wri_tina, to institute
_to forfeiture proceedings on the motor vehicle pursuant to the Floridg
Contraband Forfeiture Act. It is the intent of this subsection to limit the
application of this section to crimes and vehicle situations that are not subject to
the Florida Contraband_ForfeituM Act.
L The vehicle was reported stolen at the time that it is subject to seizure and
oundment.
3 The rson in control of the vehicle at the time of the seizure and
impoundment of the motor vehicle was not the owner of the vehiele,_a_n_d_the
police officer after reasonable inqui1y had pigbable coam to b-glieve.1h t the
owner did not know or did not have reason to know. that the ye—bieie was being
ssecl or was likely to be used in the criminal actiyity_which resulted in the seizure
and impoundment of the_vehicle.
1_ Misdemeanor Conduct Prohibited. A motor vehicle used in the commission of
one or more of the following proscribed misdemeanouoffen s is subject to seizure and
impoundment under this section:
(l) A motor vehicle used to facilitate the commission or_.at4emnted
commission of any misdemeanor act of prostitution, assignation or lgyvdness as
defined in section 796 07 Florida Statutes,or the extiosure of sexual organs as set
forth in section 800.0 F o 'da Sig tes.
(2) A motor vehicle that is latowinaly used in the commission of any
emean r of ossession or ahem ted session of an controlled
substance as defined in section 893.02. Florida Statutes.
m t r vehicle that is used.intended or&qgmlggd s o f itate
the commission of agy misdemeanor violation of Chapter_893.Florida Statute,
(4) A motor vehicle that is used, intended or attempted to be used,_to facilitate
the commission of any violation of section 316.061, Florida Statutes (leaving#M
scene of an accident .
5 A mot r vehicle that is used intended or attem ted be used to ilitate
the commission of any violation of section 322.39, Florida Statutes,driving while
license suspended revoked,canceled,or disqualified.
(6) A motor vehicle that is being operated by a person driving under the
influence as defined in section 316 193, Florida Statutes,when such violation is a
City of Winter Springs
Ordinance No.2016-01
Pale 3 of 10
misdemeanor as defined by Florida Statutes.
Q) A motor vehicle that is used in the commission of the offense of driving
without a valid license or permit in violation of 322.03,Florida Statutes.
(8) A motor vehicle that is being operated on a public street and is not covered
by liability insurance,as required by chapter 324,Florida_Statutes.
(9) A motor vehicle that is used in the commission_of_thg Misdemeanor
offense of criminal mischief in violation of section 806.13,Florida Statutes.
1 A motor vehicle that is dump liger in an manner as prohibited b
tion 03.4 3 4 Flo ' i amount exceedi 15 pounds" weight
pl 22 cubic feet in volume, but not exceeding 500_pounds in weight or IQQ_pubic
feet in volume and not for commercial purposes.
(1 1) A MgWr vehicle that is being gperated
by a Rgrson that presents pMf of
insurance in violation of Section 316.646(41,_ Florida Statutes flagNinol y
prresen ing proof of insurance not currently in force .
12 A-motor vehicle that is: i ked in violation of any duly enacted Rjrkiflg
regulation$pplicable within the city where such vehicle impedes Lmffic,,creates a
traffic hazard obstructs access to the city's utility facilities, including but not
limited to utility lines. lift stations, fine hydrants and-water meters; ii rs to
be abandoned (iii)left unattended on the street because the driver of the vehicle is
taken into custod bv law enforcement d the vehicle is causing a traffic hazard
or the vehicle is subiect to potential damage or theft: fiv) left o ttended on
private property because the driver of the vehicle is taken into custody by law
enforceglent and the pMgdy owner,or Rgogn in control of the-ppgpM bm a at
consoted to leaving e vehicle on lbs gjLbjqq vehicle.
(d) Seizure and Imlopundment. Whenever a police officer has probable cause to
believe tha a motor vehicle is subject izure and impgundment pursmant to this
section the police officer shall be authorized to:
1 Provide for the towing of the motor vehicle to a facift controlled b the
city or the cib+'s towing agent pursuant to the city's Mlicable towing procedures.
Provide written notice of such seizure and impoundment to all persons
whom the city knows or with reasonable investigation should know, is the owner
of record or the person in control of the motor v hicle. The written notice shall
advise the persons of the follow
City of Winur slings
Ordinance No.2016»01
Pogo 4 of 10
a. *Me right to request a hearing pursuant_to this section to contest the seizure
and impoundment of the motor vehicle,
b. The rigbt to r nest a hearing pursuant to this section to contest the seizure
and impoundment of the motor vehicle and immediately retrieve the vehicle
from„the„towing facility ueon the posting with the city of a„cash bpgL money
rder, or ceqifjcd check in lbe #Mount of$550.& plus towing and storage,
costs:or
c. The right to waive the hearing and immediately*retrieve the vehicle„from
the towing.facility upon the payment of the $250,00 administrgtiye penalty,
plus towing and storage costs. Thy waiver_shall be in writings
e Notice of ImBoundmgnt. The re wired notices to be given pMMMt to this
section shall be provided by hand delivery at the time of the seizure and impoundment gf
the motor vehicle to the person in control and all other perms whom the city knows, or
with reasonable investigation should know, have a legal interest in the motor vehicle,
includin&the owner of record and any_lienh4lders,_by certified mail, return receipt
regues
AW,within 72 hours of the time of the irn oundment ex ludin agggft,Sunda.
and legal holidays
(fl Request for Hearing. The owner of record of the motor vehicle, or his/her a egent,
or authorized representative shall Mgkg a written Mguest for a hearing within seven
dam from the date the notice of impoundment is received. The r uest for hearing hall
be delivered to the City's police department at the address set forth in the notice of
impoundment by hand delivery or certified mail,mWm receipt requested,
(g) Failure #o Request Hearing. If a primer reauest for hearing is not made within
The MqVM soven 7 a of recor a 1 N dMed IQ kvA w '
to a hearing. The motor vehicle shall only released upo ft plMent of the $500.00
a Ministrative penaltv,.plus towing and stogie costs.
(h) Hearine before Special Mauiistrate.
(1) The city shall hold a bearing under this section before a special made
within ten (10) days of receipt of a timely written request for hodpg, excluding
Saturdays, Sundays,and_leal halide)§,
2 At the hearin the city al have the burden to show, by cigg and
oonvinciniz evidence that the motor ye 'gjg subject to im undment and seizure
was used in violation of this section, If the owner of the vehicle raises as a defense
City of winter spriegs
Or&na=No.2016-01
Page 5 of 10
at the hearing that he/she was unaware that the motor vehicle was being used or
was likely to be used in violation of this section, the city shall_establish by
preponderance of the evidence that the owner either knew,or should have known
sfter a reasonable inquiry,that the vehicle was being used or was likely_to be used
in the crirn'n i activily which resulted in the giMM and imRoundment of the
vehicle. Evidence that an owner received written DgtifiMign from a I w
enforcement agent'and acknowledged receipt of the notification_in writing, that
the vehi le had been used in violation of this section on a prior gpmign by the
person in control of the vehicle at the time of seizure and_impoundment,may be
used to establish actual knowledge. In addition if the owner of the vehicle raises
as 1A defense at the hearing that the vehicle was stolen at the time it became subject
to impoundment the owner must establish_by vr pondemoce of the evidence thig
the vehiA mms s an a e owner u have all e e i le
as stolen t4 a law enforce_ n-t gg ingy.
The formal rules of evidence shall not #MIX at the hearin but
fundamental due process shall be observed and shall g`ovem the ppggWings.
Irrelevant, -immaterial.,or unduly repetitious evidence shall_be_excludgd, but
hearsay and circumstantial evidence is admissible. All other evidence of a_ e
commonly relied upon by reasonably prudent persons in the conduct of their
aff
airs shall be admissible whether or not such evidence would be admissible in a
trial in the courts of the State The owner of the motor vehicle shall have the rieht
to be represented by counsel and the police chief or is deg ghee ma
mprpHMed by the city attorae Each party and the police chief shall also have
the right to call and examine witnesses under oath, to introduce_documentary
evidence or exhibits,to cross-examine opposing witnesses on any relevant matter
even tbough the matter VA not g9vered under di=cgMipfion.to im
witness regardless of which party first called hire to testif
y,,and to sgbmit rebuttal
evidence..
If, after the h_caring. the special magistrate determines_th, the i e c.tvi met its
burden of proof and the motor vehicle was used in violation of-ft s_gW n The
special magistrate shall enter an order finding the owner of record oft mptQr
vehicle civilly liable to the city for an administrative civil penalty of$500.00,plus
final hearing casts of fifty dollars [$50.00), if applicable, and requiring the
continued impoundment of the vehicle if the vehicle has not already been
re 'wed b the owner, e owner f e mo r vehicle his/her nt r
authorized representative if he/she has not already done so, mAy immediately
retrieve the vehicle from the towing facility upon a ent of the administrative
en 1 of$500.00. plus f al hearin co —of fifty dollars 0.00 if applicable.
and the accumu a costs of to ing and storing the vehicle.
City of Winter springs
or&nanoa No.2016-01
Page 6 of 10 .
(5) lf, after the_hearina, the special maeistrate determines that the city did not
meet its b den of proof and the motor vehicle was not used in violation of this
e ` n the motor vehicle shall be released forthwith to the owner or his/her ment
or authori MSU_e=ivc without the imposition of the a inistrative civil
penalty or final hearing costs or the costs of towing and storing the vehicle. If the
owner, agent or authorized representative has ah-eady posted a bond certified
check or money order for the immediate relent of hiVbff vehicle, the bondo
certified check or money order shall be refunded to the owner,agent or authorized
representative.
!6l if the owner of the motor vehicle or his/her agent or guthori. �d
tiv fails to Wend tbg bgwjDZand thp gMial mAgigrate finds that Lhe
city has complied with the notice procedures set forth herein, then such failure
Lhgll constitute a waiver of the owner's right_to-a_hearing. and_the_MNial
magistrate shall enter an order fin ing the owner of record of the mg#or vehicle
civilly liable to the city for an administrative civil penalty of 1500.00,,plus "tpal
hearing_costs of fifty dollars ($50.Q0). if atplicable, and requiring the continued
impqundmmLof the vehicic if the vehicle has not g1ready been retrieved by the
owner, The owner of the motor vehicle or his/her ggent or authorized
representative if he/she has not already done so, may immediately retrieve the
vehicle from the towing facility upon payment of the administrative penalty of
$500.0 plus final hearing costs of fiflx dollars ($50.00). if applicable, plus the
accumulated costs of towing and ggda god the vehicle.
i) Recording Liens; Settlements.
f l l A certified copy of an order,gf, the special maaistrate imposing an
administrative civil penalty and hearing casts may be retarded in the public
records of any county_Upon nee.the order shall constitute a Jim aga&g an
rW or onal RmpgM oymed by the owngr af lbr,mgtor vehicle. U.Rgn Wition
to the circuit court. such order may be enforced in the same_manner M a court
judSMqflt by e sheriffi of this state, including the real or pMQnpl
�pertx, but such order shall not be deemed to-be a tour Judgment e for
enforcementpurnoses. The cit y attorney or designee is authorized to foreclose any
lien established hereby in the same manner as is provided by law for the
foreclosure of other municipal liens or alternatively, as_provided_by_law-for_the
fo losure of mort a es. No lien cr uant s ch ter ma be
foreclosed on real property which is homesteaded under & 4. Art. X of the State
Co stitution. In an action to enforce an order or to foreclose on a lien as provided
in this section the city shall be cothked to recover all costs including reasonabi
attome 's fees that it incurs thereb .
City of Winter Springs
Ordinance No.2816-01
Page 7 of 10
L2) The city manner in consultation with the police chief and c[Lr orney is
IL—
hg authorized to enter into settlement agMments as ma be a ro riate #o
accomQlish the ob�'ectives of this section. In addition, nothing herein_ shall
RMhibit the city om releasin motor v icle ized under the provisions of this
section if such release is determined to be in the best interests of the(AM
Administrative civil nsl pa yment. If an inistrati a civil and
hearing fee are imposed pursuant to this section. such penalty and fees shall constitute_a
debt due and owing the city and shall be independent of the city's return or release of the
vehicle if a cash bond certified check or money order has been.,posted_pursuant to this
flan the bond, certified check or moM order shall be applied toward Roment of th
penajjy and hearing ft.if Mlicable.
W 1Retura of vehicle.; disposition of unclaimed vehicles. Except as provided
otherwise in this section an impounded vehicle shall be returned to its record ownu, ar_
to the person who is legally entitled to ppssess the vehicle, upon his/her a en of the
adminigE@tiLv& civil al and htA dng fee 'f @MlLqgble to the ft Wus towing and
storage fees. unless the vehicle had been sold gr otherwise dis used of to pjsfy a
JjLdgMent qr enforce a lien as pLovided by law.
Motor vehicles which remain unclaimed after a final determination is made by a special
magistrate or waiver of a bearing shall be dis osed of ursuant to Florida Statutes and all
other applicable IRAs.
(1) Sec. 42-125 -Appeal. The owner of the motor vehicle that has been the subject
of a kj= and iMpgod=t p=uant to this sec "on or the cjV ma qpRgg Oe final
Ming and decision of the special magistrate to the circuit court within 30 days of the date
f the fm Id ord r being aled The city may charge the a llant a EMppable fee for
RISparation of the record for purposes of mWdUthe a
m lowing and Impoundment Services, The city is -hereby
Authorized to gM into =W ith one or more towing companies to impjement the
provisions of this gection, The contracts shall be in a fo gppMyed by the ci attome .
(n) Settlements After seizure and im undment of a vehicle pursuant to_this
wAgn, tegardiggg of whgher a hearing hg§ been held by a Smial, magiamm all
settlements affecting the Qfty pust be aygmved by the ci ana er. If the cLty rn an
is unavailpble and a dela y would.adversely affect the settlement a roval m1y be given
b the police chief.
Section 3. Repeal Section 12-54 of the City Code. Section 12-54 of the City Code is
hereby repealed as follows{proposed deletions to City Code are indicated by Mkedweu ):
City of Wh9W Springs
Ordinance No.2016-01
Page 8 Of 10
See; 12 54. impoundment and redemption of illegally parked r- abandoned
vehie'es, Members of the pelice deparwnent shall be vested with the authoFity and4t
,
> ineluding but not limited to, utility lines,
stations, fire hydmts atad water- fnetefs, or appews to be abandoned. ThereafteFi sue
9M4 ex -so due d—
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith,are hereby repealed to the extent of the conflict.
Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may
be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
and like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 6. Severability. if any section, subsection,sentence, clause,phrase,word or
provision of this ordinance is for any reason held invalid or unconstitutional by any covet of
competent,jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this ordinance.
SeWoB 7. Effective Date. This Ordinance shalt become effective ninety(90)days
after adoption by the City Commission of the City of Winter Springs,Florida,and pursuant to the
City Charter.
ADOPTED by the City Commission of the City of Winter Springs,Florida, in a regular
meeting assembled on the 25th day of July,2016.
CHAAITKLACEY,—Mjkor�
ATTE T.
AND RENZO-LUACES
City Clerk
City ofWinfer Spriggs
Ordinance No.2016-01
Page 9 of 10
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
ANTHONY-A.GARGANESE
City Attorney
First Reading: June 13,2016
Legal Ad Published: June 22,2016
Effective Date: October 23,2016 (per Section'n
City Of Wintar Springs
Ordinum No.2016-01
Pap 10 of 10
EXHIBIT"C"
Towing and Storage Rates and Charges
(1 Page)
14
MI S Oal IM lack Awe
O?IzAdo,iL 128-; Winter Som Fl.112701
to
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SitandardTow
5 rnfw or Lm 17
EachAdditkoalmile
Each A4dj..-1 mile
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Class is
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City vow"
WOO saw
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Made S
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Addendum included:
MY", Stengel area Is bpfcM rot"is mort cwrerAly
EXHIBIT
C�'
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