R24-318 1 RESOLUTION NO. R24-318
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A LIMITED TERM EXTENSION
5 AMENDMENT TO AGREEMENT WITH BECK'S TOWING & RECOVERY,
6 INC. FOR TOWING SERVICES; AND PROVIDING AN EFFECTIVE DATE
7 AND CONTINGENT TERMINATION DATE; AND FOR ALL OTHER
8 PURPOSES.
9
10 WHEREAS, on or about December 12, 2019, the City of Boynton Beach ("City") and Beck's
11 Towing & Recovery, Inc., a Florida Corporation ("Vendor") entered into Contract No. 024-2110-
12 19/RW ("Original Agreement") for a non-exclusive franchise agreement to perform towing
13 services; and
14 WHEREAS, the Original Agreement was Amended by First and Second Amendments,
15 which extended the term of the Original Agreement through December 11, 2024 (the Original
16 Agreement and the First and Second Amendments are collectively referred to as the "Agreement");
17 and
18 WHEREAS, the current term of the Agreement expired on December 11, 2024, with all
19 renewal options for the Agreement between the City and Vendor have been exercised; and
20 WHEREAS, the City is in the process of procurement and selection of a vendor to provide
21 towing services and seeks to extend the Term of the Agreement on a limited basis to provide time
22 for the issuance of competitive solicitation(s) for a new towing contract; and
23 WHEREAS, the City has prepared a Limited Term Extension Amendment ("Amendment")
24 to extend the terms of the Agreement on a month-to-month basis; and
25 WHEREAS, upon the award and execution of a new contract under the City's procurement
26 process, Vendor shall cease to provide all emergency recovery and towing services pursuant to
27 the Agreement; and
28 WHEREAS, should Vendor be awarded a new contract under the City's procurement
29 process, the Agreement shall terminate in its entirety upon execution and award of the new
30 contract; and
31 WHEREAS, should Vendor not be awarded a new contract under the City's procurement
32 process, Vendor shall continue to provide only the storage services for vehicles towed during the
33 Amendment term through December 31, 2025, at a rate not to exceed $3,000 per month; and
34 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
35 best interests of the City's citizens and residents to approve and authorize the Mayor to sign the
36 Limited Term Extension Amendment to provide continuity of service for towing services by Vendor
37 on a month-to-month basis, through December 31, 2025, or by execution of further contracts.
38
39 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
40 BEACH, FLORIDA, THAT:
41 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
42 being true and correct and are hereby made a specific part of this Resolution upon adoption.
43 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
44 approve and authorize the Mayor to execute the proposed Limited Term Extension Amendment
45 with Vendor a copy of which is attached hereto as "Exhibit A."
46 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
47 authorizes the Mayor to execute any ancillary documents necessary to accomplish the purposes
48 of this Resolution.
49 SECTION 4. The CityClerk shall retain the fullyexecuted Limited Term Extension
50 Amendment with Vendor as a public record of the City.
51 SECTION 5. This Resolution shall take effect immediately.
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57 [signatures on following page]
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68 PASSED AND ADOPTED this ritil day of +Le,ry1617- 2024.
69 CITY OF BOYNTON BEACH, FLORIDA
70 YEj NO
71 Mayor—Ty Penserga ✓
72
73 Vice Mayor—Aimee Kelley
74
75 Commissioner—Angela Cruz
76
77 Commissioner—Woodrow L. Hay
78 /
79 Commissioner—Thomas Turkin ,/
80
81 VOTE 9-0
82 ATT
83
84 ICL -=---- 40 ?OTA",
85 Maylee ire 4s, MPA, M Ty •e rga
86 City Clerk Ma .•r
87 /r�O�NTDti 6)(<,
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88 F 1 APPROVED AS TO FORM:
R 1
i 46,0RA k . fie F .• 0I
89 (Corporate Seal);O /°
U: Adalgj. 4�
92 ,11 g Shawna G. Lamb
93 .....
• �, City Attorney
rt; LIMITED TERM EXTENSION AMENDMENT TO AGREEMENT BETWEEN THE
o CITY OF BOYNTON BEACH AND BECK'S TOWING AND RECOVERY, INC. FOR
'
' ON ��P NON-EXCLUSIVE TOWING FRANCHISE SERVICES
This Limited Term Extension Amendment ("Amendment") is entered into by and between
the City of Boynton Beach, a Florida municipal corporation ("City"), and Beck's Towing &
Recover Inc. a Florida corporation ("Vendor") (collectivelyreferred to as the "Parties").
Y, p )
RECITALS
A. On or about December 12, 2019, the Parties entered into Contract No. 024-2110-
19/RW (the "Original Agreement") for a non-exclusive franchise agreement to perform towing
services.
B. The Original Agreement was amended by the First and Second Amendments,
which, amongst other things, extended the term of the Original Agreement through December
11, 2024 (the Original Agreement and the First and Second Amendments are collectively referred
to as the "Agreement").
C. The current term of the Agreement expired on December 11, 2024, and all
renewal options for the Agreement between City and Vendor have been exercised.
D. The City is in the process of procurement and selecting a vendor to provide the
towing services and desires to extend the Term of the Agreement on a limited basis to provide
time for the issuance of a competitive solicitation for a new contract.
Now, therefore, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, the City and Vendor agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference. All
capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed
to such terms in the Agreement.
2. Except as modified herein, all remaining terms and conditions of the Agreement shall
remain in full force and effect.
3. The Term of the Agreement is hereby extended for a single period of ninety (90) calendar
days through and including March 11, 2025. Following the 90-day extension, this Agreement may
be further extended on a month-to-month basis upon written notice from the City, provided that
total extensions pursuant to this Amendment shall not exceed the aggregate of six (6)
consecutive months (collectively the "Limited Extension Term"). Provided, however, that the
Vendor may continue to provide storage services beyond the expiration of the Limited Extension
Beck's Towing— Limited Term Extension e 1 of 4
Term, as further outlined in this section. The Limited Extension Term shall automatically expire
upon the award and execution of a new contract under the City's procurement process, and upon
such expiration, the Vendor shall cease providing all emergency recovery and towing services
pursuant to the Agreement. If the Vendor is awarded a new contract under the City's
procurement process, this Agreement shall terminate in its entirety upon execution and award
of the new contract. If the Vendor is not awarded a new contract under the City's procurement
process, notwithstanding the expiration or termination of the Limited Extension Term, the
Vendor shall continue to provide only the storage services for vehicles towed during the Limited
Extension Term through December 31, 2025 (the "Extended Storage Term"), at a rate not to
exceed $3,000 per month, all terms and conditions of the Agreement shall remain in full force
during the Extended Storage Term.
4. In the event of any conflict or ambiguity between this Amendment and the Agreement,
the Parties agree that this Amendment shall control. The Agreement, as amended herein by this
Amendment, incorporates and includes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein, and the Parties
agree that there are no commitments, agreements, or understandings concerning the subject
matter hereof that are not contained in the Agreement as amended in this
Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
5. Vendor acknowledges that through the date this Amendment is executed by Vendor,
Vendor has no claims or disputes against City with respect to any of the matters covered by the
Agreement.
6. The following new sections are added to the Agreement as follows:
(a) Discriminatory Vendor and Scrutinized Companies List; Countries of Concern.
Vendor represents that it has not been placed on the "discriminatory vendor list" as
provided in Section 287.134, Florida Statutes, and that it is not a "scrutinized company"
pursuant to Sections 215.473 or 215.4725, Florida Statutes. Vendor represents and
certifies that it is not, and for the duration of the term of the Agreement will not be,
ineligible to contract with City on any of the grounds stated in Section 287.135, Florida
Statutes. Vendor represents that it is, and for the duration of the term of the Agreement
will remain, in compliance with Section 286.101, Florida Statutes.
(b) Public Entity Crime Act.Vendor represents that it is familiar with the requirements
and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and
represents that its entry into this Agreement will not violate that Act. Vendor further
represents that there has been no determination that it committed a "public entity crime"
as defined by Section 287.133, Florida Statutes, and that it has not been formally charged
with committing an act defined as a "public entity crime" regardless of the amount of
money involved or whether Vendor has been placed on the convicted vendor list.
Beck's Towing— Limited Term Extension Pag 4
(c) Verification of Employment Eligibility. Vendor represents that Vendor and each
subcontractor have registered with and use the E-Verify system maintained by the United
States Department of Homeland Security to verify the work authorization status of all
newly hired employees in compliance with the requirements of Section 448.095, Florida
Statutes, and that entry into this Agreement will not violate that statute. If Vendor
violates this section, City may immediately terminate this Agreement for cause, and
Vendor shall be liable for all costs incurred by City due to the termination.
(d) Prohibited Telecommunications Equipment. Vendor represents and certifies that
Vendor and all subcontractors do not use any equipment, system, or service that uses
covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system, as such terms
are used in 48 CFR §§ 52.204-24 through 52.204-26. Vendor represents and certifies that
Vendor and all subcontractors shall not provide or use such covered telecommunications
equipment, system, or services during the duration of the term of the Agreement.
(e) Entities of Foreign Concern. The provisions of this section apply only if Vendor or
any subcontractor will have access to an individual's personal identifying information
under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the
government of a foreign country of concern; (ii) the government of a foreign country of
concern does not have a controlling interest in Vendor; and (iii) Vendor is not organized
under the laws of and does not have its principal place of business in, a foreign country
of concern. On or before the effective date of this Amendment, Vendor and any
subcontractor that will have access to personal identifying information shall submit to
City executed affidavit(s) under penalty of perjury, in a form approved by City attesting
that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes.
Compliance with the requirements of this section is included in the requirements of a
proper invoice for payment purposes. Terms used in this section that are not otherwise
defined in this Agreement shall have the meanings ascribed to such terms in Section
287.138, Florida Statutes.
(f) Sovereign Immunity. Except to the extent sovereign immunity may be deemed
waived by entering into this Agreement, nothing herein is intended to serve as a waiver
of sovereign immunity by City, nor shall anything included herein be construed as consent
by City to be sued by third parties in any matter arising out of this Agreement.
(g) Anti-Human Trafficking. On or before the Effective Date of this Amendment,
Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion
for labor or services, in accordance with Section 787.06(13), Florida Statutes.
7. Notwithstanding the later date of execution of this Amendment, the effective date of this
Amendment shall be retroactive to December 11, 2024.
Beck's Towing— Limited Term Extension Pag
1
8. This Amendment may be executed in multiple originals, and may be executed in
counterparts, whether signed physically or electronically, each of which shall be deemed to be
an original, but all of which, taken together, shall constitute one and the same agreement.
CITY
CITY OF BOYNTON BEACH
ByyNj 0 N•BF`‘‘
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Ty P- =: :, Mayor :�� .,,ORATEI 4. le ( •..•_1(,
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Att- t: �� .' a` '‘1, ''•••......•�\
City Clerk
CITY ATTORNEY'S • FICE
Approved as to form and
legality
By: Awnd j
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BECK' TOWING & RECOVERY, INC.
B, 11 41 A AI it
Auth •zed Signer
q ft Piaye
PrintName and Title
day of n(r, , 2024
SRW 12.9.24
Beck's Towing—Limited Term Extension Page 4 o
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