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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." 1 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 2 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 3 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 4 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. 5 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 6 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. 7 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 8 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. 9 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] 10 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 b 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 i 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 Page 2 of 9 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 l Pope 3 Of 9 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. 4 Page 4 of 9 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 Om .00 SitandardTow 5 rnfw or Lm 17 EachAdditkoalmile Each A4dj..-1 mile OamA JDa DD 560:w W—A00 Class is Drop DrIA Shaft -�S'T Go WNZO City vow" WOO saw "do SAOD Made S Corr to N"rd $3.29 SimnatxjmShw NIA Addendum included: MY", Stengel area Is bpfcM rot"is mort cwrerAly EXHIBIT C�' ' - '