Loading...
HomeMy WebLinkAboutM-99-0769j 1 CITY OF MIAMI, FLORIDA 34 INTER -OFFICE MEMORANDUM TO The Honorable Mavor and DATE: FILE Member of the Cite Commission SUBJECT: October 12 Commission Meeting Toeing RFQ ;Modifications FROM:: Donald H. ars 1a11REFERENCES Cit_v Manaucr ENCLOSURES: As a result of the City Commission's request for modifications and information regarding the proposed RFQ that was on the September 28. 1999, Agenda. the folloving has occurred: A meeting was held at the Miami Police Department with all members of the toping industry as requested by the Commission. The purpose of the meeting was to obtain input from the towing industry regarding the method of rotation they would like under the proposed contract that was passed with modifications at the September 28. 1999, Commission Meeting. All of the current towing agencies were present and voted unanimously to rotate on a daily basis. This method is indicated in Section 3.3, Nfethod Of Award in the specifications portion of the contract. They were also advised that the contract %would require all towing companies to tow cite owned vehicles whereas the previous contract grave them the option of towing city owned vehicles. They agreed that the service of towing city owned vehicles within the city limits would be provided to the Citv at no cost to the City. The compam assumed to the zone where the vehicle is located will provide the towing service. All other requests outside of city limits would be paid at the same rate as the former contract. Neale Duty requests for towing of City equipment Hill be handled as provided for in the contract. Section 4.3.9 Category B: Towing of City -owned, leased, or rented vehicles outlines the prices associated with Cite \chicle tolying. It was also recommended to increase the base fee to tow a vehicle from the proposed sixty-eight (68) dollars to se\entx (70) dollars. The towim-, agencies also requested that the contract prices should not indicate the City administrative fee in the base towine rate since this is an add on fee by the City. It was also recommended that the administration fee the City receives from each tolved vehicle be raised from twenty (20) to twenty-five (25) dollars. A tv.,enty-five (25) dollar administrative charge hill match actual administrative costs associated with this process. 'Section 4.3.1 Towing Rates By Wrecker Class indicates these changes. S9~ �f G9 The Honorable Mavor and Members of the City Commission pg. (2) } 4 The administration fee the towing agency receives was also recommended for an increase from fifteen (15) to twenty (24) dollars. This administration fee has been fifteen (15) dollars since November 1996. Section 4.3.2 Auxiliary Charges indicates this change. A concern was raised by Commissioner Teele that at the end of the eleventh month of toiving under the new contract that we make any adjustments if the zones are out of balance. Section 4.2 Scope of Work states that the Cite may adjust the zones as deemed necessary at any time during Ithe term of the contract after a review and recommendation by the Towing Review Board. UHW EO?B :am G i i Ci4y of Alianit Revised Draft Requestfor Qualifications GRAFT RFQ Purchasing Department Judy S. Car -ter. Director Nliami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami. Florida 33130 http:/, ci.miami.tl.usi i t RFQ Data _ RFQ Number: 98-99-171 Commodity Code: 968-90 Commodity Title: TOWING SERVICES Type of Purchase: Contract for Three (3) years with OTR for two (2) additional one (1) year periods. Mf"E Set -Aside: N'A Sr. Buyer: Pamela Burns, CPPB BuverPhone: 305-416-1905 Fax: 305-416-1925 E-Mail Address: purchaseC ci.miami.fl.us Issue Date: Pre -Proposal Conference: (Yes - date to be given at later time) Response Due Date Day/Date: Time: Location/Mail Address: Office of the City Clerk City Hall 3500 Pan American Drive Miami, Florida 33133-5504 Directions: FROM THE NORTH: I.95 SOUTH UNTIL IT TURNS INTO US1. US1 SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FRnM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. RFQ Content Sections 1.0 Introduction to the RFQ process 2.0 General Terms and Conditions that are general in scope 3.0 Special Conditions related to this Request for Qualifications 4.0 Specifications and Submission Requirements describing what is needed 5.0 ,._ Instructions for the RFQ process 6.0 Response forms and Check List to be completed, sinned and submitted with response. Sealed written Bids must be received by the City of Miami, City Clerk's Office, no later than the date, time and at the location indicated above for receipt. Submittal of Response by fax is not acceptable. One original and three (3) copies of your response and sets of response forms must be returned to the City or your response may be disqualified. 10/01/99 1 S 9 - (69 1.0 INTRODUCTION TO REQUEST FOR QUALIFICATIONS 1.1 INVITATION TO PARTICIPATE The City of Miami, through its Purchasing Department, invites responses to provide the services identified on the title page and described in greater detail in Sections 3.0 and 4.0. 1.2 1.2. 1.2.3 DEFINITIONS Please review the following definitions of words utilized within this RFQ. 1.2.1 We/Us/Our/City These terms refer to the City of Miami, Florida, a duly organized public entity. They may also be used as pronouns for various subsets of the City's organization, including, as the context will indicate: Purchasing Department - The Purchasing Department including its Director and staff of Professional Buyers. Departmends - The City Departments and/or offices for which this RFQ is prepared, and which will be the end user/s of the goods and/or services sought. Contract Administrator - The user Department's contacts for interaction regarding Contract administration and performance. Services - The provision of towing and wrecker services, including all labor, materials and equipment, on an as -need basis. City - City of Miami, to the City of Miami ("City"), particularly when requested by the Miami Police and Fire -Rescue Departments, in cases 2 You / Your These terms refer generally to the other person or entity which is a party to the Agreement or Contract, which may result from this RFQ, any subsidiaries or affiliates, officers, employees, volunteers, representatives, agents or subcontracts. The term may apply differently to different classes of entities, as the context will indicate. For instance, "you" as a proposer will have different obligations than "you" as a contractor will have upon award of a contract. We'll be specific whenever it seems warranted. Proposer - Any business entity, submitting a Response to this RFQ. Successful Proposer(s) - The Proposer(s) whose Response to this Solicitation is deemed qualified by the City. Successful Proposer(s) must be approved for award by the City Commission and the State Oversight Board, and a Contract will be executed for the provision of services to the Successful Proposer(s) specified in the RFQ before a Purchase Order can be issued. Request for Qualifications (RFQ) A "Request for Qualifications" (RFQ) is normally used when we evaluate Proposers based upon qualifications, experience, and capacity to provide specific services. 10/01/99 r I DRAFT Lu L� Cl ofm1 iam t Revised Dra Request for Qualifications � , DRAFT RFQ Purchasing Department i Judy S. Carter. Director Miami Riverside Center 444 SW 2nd Avenuc. 61h Floor Miami. Florida 33130 i http://ci.miami.fl.us/ i RFQ Data RFQ Number: 98-99-171 Commodity Code: 968-90 Commodity Title: TOWING SERVICES Type of Purchase: Contract for Three (3) years with OTR for two (2) additional one (1) year periods. M/WBE Set -Aside: N/A j Sr. Buyer: Pamela Burns, CPPB BuyerPbone: 305-416-1905 Fax: 305-416-1925 E-Mail Address: purchase@ci.miami.fl.us Issue Date: t Pre -Proposal Conference: i (Yes - date to be given at later time) Response Due Date j DayVate: Time: Location[Mail Address: Office of the City Clerk City Hall 3500 Pan American Drive Miami, Florida 33133-5504 Directions: EMH THE WORTH: 1-95 SOUTH UNTIL IT TURNS INTO US1. US1 SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. ORD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. RFQ Content Sections 1.0 Introduction to the RFQ process 2.0 General 'Perms and Conditions that are general in scope 3.0 Special Conditions related to this Request for Qualifications t 4.0 Specifications and Submission Requirements describing what is needed 5.0 __ Instructions for the RFQ process j 6.0 Response farms and Check List to be completed, signed and submitted with response. Sealed written Bids must be received by the City of Miami, City Clerk's Office, no later than the date, time and at the location indicated above for receipt. Submittal of Response by fax is not acceptable. One original and three (3) copies of your response and sets of response forms must be returned to the City or your response may be disqualified. 10/01 /99 1 DRAFT City of Miami. Florida � Towing serVices /cunt.) RFQ 98-99.1-1 1.2.4 Response The written, sealed document submitted by the Proposer according to the RFQ instructions L- and requirements. Your Response to this RFQ does not include any verbal interaction you may have with us. 1.3 CLARIFICATION Questions regarding this RFQ should be directed in writing, preferably by far, to the Purchasing Director specified on the title page. Answers, citing the question asked but not identifying the questioner, will be distributed simultaneously to all known prospective Proposers. Note: Written requirements in the RFQ or its amendments may be binding, but any oral communications between you and us are not. 1.3.1. Written Addendum If it becomes evident that this RFQ must be amended, we will issue a formal written addendum to all known prospective Proposers. If necessary, a new due date will be established. 1.4 AWARD A Contract (the "Contract" or Agreement") will be awarded to the qualified Proposer(s) by the City Commission based upon the minimum qualification requirements reflected herein. The City reserves the right to execute a Contract with the Proposer(s) that is determined to be in the City's best interests. 1.5 CONTRACT EXECUTION The City and the successful Proposer(s) shall negotiate and execute a Contract based upon the requirements set forth in the RFQ through action taken by the City Commission at a duly authorized meeting. Approval by the State of Florida Emergency Financial Oversight Board (Oversight Board) must be secured. 10/01/99 3 Cityof.1hami, Florida Totving Services iron!./ Rho,) 98-99•1-1 2.0 GENERAL TERMS AND CONDITIONS The following may or may not be applicable to this RFQ for services. All terms and conditions are subject to negotiation for inclusion into the Agreement. 2.1 ACCEPTANCE/REJECTION The Cite reserves the right to accept or reject any or all Responses or to select the Proposer(s) who, in the opinion of the Cite, will be in the best interest of and/or the most advantageous to the City. It also reserves the right to reject the Response of any contractor who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time services under a contract of a similar nature, and who is not in a position to perform properly under this RFQ. The City reserves the right to waive any irregularities and technicalities and may, at its discretion, re -advertise the RFQ. 2.2 ASSIGNMENT OF CONTRACT The successful Proposer(s) shall not assign or subcontract, at any time during the term of the Contract, or any part of his,lier operations, or assign any portion or part of the Contract, except under and by virtue of prior written permission granted by the City through the City Manager or his authorized designee. 2Z AUDIT RIGHTS AND RECORDS RETENTION The successful Proposer(s) agrees to provide access to the City, or any of their duly authorized representatives, to any books, documents, papers, and records of the contractor which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcriptions. The Proposer shall maintain and retain any and all of the aforementioned records for three (3) years after the City makes final payment and all other pending matters are closed. 2.4 COMPLL4,NCE WITH ORDERS AND LAWS Successful Proposer(s) shall comply with all local, state, and federal directives, ordinances, rules, orders, and laws as applicable to this RFQ and subsequent contracting including, but not limited to: 2.4.1 Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. 2.4.2 Occupational, Safety and Health Act (OSHA), as applicable to this RFQ. 2.4.3 The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. 2.4.4 Minority/Women Business Affairs Enterprise (M/N BE) City Ordinances No. 10062, 10538, and 11272, as amended, as applicable to this RFQ. —2.4.5 Americans with Disabilities Act of 1990, as amended. i 2.4.6 First Source Hiring, City Ordinance No. 10032, as amended, as applicable to this bid. Implemented to foster the creation of new, permanent jobs for City of Miami residents. 2.4.7 National Institute of Occupational Safety Hazards (NIOSH), as applicable to this RFQ. 2.4.8 Local Preference Ordinance No. 11087, as applicable to this RFQ. 10/01/99 4 DRAFT i Cih- of Miami. Florida - -� Towing Services (cont I RFO 98-99-1 _I 2.4.9 Conflict of Interest, City Code, Section 2-611 & 612. as applicable to this RFQ. 2.4.10 The State of Florida Statutes Sections 218.73 and 218.74 on Prompt Pcn•meni Lack of knowledge by the Proposer %% ill in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination ofcontract(s). Copies of the above City Ordinances may be obtained from the City Clerk's Office. 2.5 CONFLICT OF INTEREST If any individual member of a consulting team, or an employee of a consulting team/firm, or an ummediate family member of the same is also a member of any, board, commission, or agent, of the City, that individual is subject to the conflict of interest provisions of the City Code, Section 2-61 1. �Che Code states that no City officer, official, employee or board, commission or agency member, or a spouse, son, daughter, parent, brother or sister of such person, shall enter into any contract, transact any business with the City, or appear in representation of a third party before the City Commission. This prohibition may be waived in certain instances by the affirmative vote of 415 of the City Commission, after a public hearing, but is otherwise strictly enforced and remains effective for two years subsequent to a person's departure from City employment or board, commission or agency membership. This prohibition does not preclude any person to whom it applies from submitting a bid or Response. However, there is no guarantee or assurance that such person will be able to obtain the necessary waiver from the City, even if such person were successful in the Response for Request for ,Qualifications process. A letter indicating a conflict of interest for each individual to whom it applies shall accompany the submission package. The letter must contain the name of the individual who has the conflict; the relative(s), office, type of employment or other situation which may create the conflict; the board on which the individual is or has served; and the dates of service. 2.6 CONTACT PERSON The contact person for this RFQ is Parnela Bums, CPPB, Sr. Procurement Contracts Officer, Department of Purchasing, and who can only be contacted in writing by fax or e-mail pursuant to Miami -Dade County Ordinance Nos. 98-106 and 99-1 Cone of Silence. 2.7 COST INCURRED BY PROPOSERS All expenses involved with the preparation and submission of a Response to the City, or any work performed in connection therewith shall be borne by the Proposer(s). No payment will be made for any responses received, nor for any other effort required of or made by the Proposer(s) prior to commencement of work as defined by the Contract. 2.8 INSPECTION OF RESPONSES TO RFQ Responses received by the City pursuant to this RFQ will not be made available until such time as the City provides notice of a decision or intended decision, or within 10 days after receipt of Responses, whichever is earlier. 2.9 NONCONFORMANCE TO CONTRACT CONDITIONS 2.9.1 Default/Failure to Perform The City shall be the sole judge of nonperformance, which shall include any failure on the part of the Successful Proposer(s) to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated or within thirty (30) days, whichever is earlier. 10/01/99 5 DRAFT Ciry of Viami- Florida %wing Services (cont) RFU 98-99-1-1 Upon default by the successful Proposer(s) to meet any terms of the Agreement, the City will notify the successful Proposer(s) of the default and will provide the Successful Proposer(s) three (3) days (weekends and holidays excluded) to remedy the default. Failure on the Successful Proposer(s part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the Cite notifying the successful Proposer(s) of its intentions. The following, as \%ell as and of the provisions included in the Contract at the Citv's sole discretion, shall constitute default: A. Failure to perform the \cork required under the Contract and %k ithin the time required; or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in die Contract. B. Failure to begin the %%ork under this Contract within the time specified C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Proposer(s) incapable of performing the work in accordance %vith and as required by the Contract. E. Failure to comply with any of the terms of the Contract in any material respect All costs and charges incurred by the City as a result of an incurred default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any moneys due or which may become due as a result of the Contract. 2.10 NON-DISCRIMINATION Proposer(s) agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this solicitation. Furthermore, Proposer(s) agrees that no othene,ise qualified individual shall solely by reason of his/her race, sex, color, age, religion, national origin., marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. In connection with the conduct of its business, including rendition of services and employment of personnel, Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 2.11 OCCUPATIONAL LICENSE REQUIREMENT Any person, firm, corporation or joint venture, with a business location in the City who is submitting a Response under this Solicitation shall meet the City's Occupational License Tar: requirements in accordance with Chapter 31.1, Article I of the City Charter. Others with a location outside the City shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the Response; however, the City may, at its sole option, allow the Proposer to supply the license to the City during the evaluation period, but prior to award. 2.12 PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Response on a contract to provide any goods or services to a public entity, may not submit a Response on a contract with a public entity for the construction or repair of a public building or public work, may not submit a Response on a lease of real propertytto a 10/01 /99 6 DR.AFT, L City of-Viarni, Florida rowing 5enliees (coal ) RFO 9R-99-1-1 public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of Florida Statutes for Cateizory Two for a period of 36 months from the date of being placed on the convicted vendor list. 2.13 RESOLUTION OF PROTESTS Any actual or prospective contractual party who feels aggrieved in connection \%ith the solicitation or award of a contract may protest in writing to the Chief Procurement Officer (Purchasing Director) who shall have the authorit}. subject to the approval of the City Manager and the City Attorney, to settle and resolve a protest with final approval by the City Commission. Proposers are alerted to Ordinance No. 11072 which describes the protest procedures and is included in this RFQ. Protests failing to meet the requirements for filing shall not be accepted. NO EXCEPTIONS. 2.14 REVIEW OF RESPONSES TO DETERMINE QUALIFICATIONS Each Response will be reviewed to determine if the Response is responsive to the submission requirements outlined in the RFQ. A responsive Response is one which follows the requirements of the RFQ, includes all documentation, is submitted in the format outlined in the RFQ, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Response non -responsive. 2.15 RFQ POSTPONEMENT / CANCELLATION The City may, in its sole and absolute discretion, reject any and all, or parts of any and all Responses; re -advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities in this RFQ or in the Responses received as a result of this RFQ. DRAFT 10/01/99 L C'tv of .1(am. Florida Towing Services reant 98=94-/+1 3.0 SPECIAL CONDITIONS 3.1 SCOPE AND PURPOSE This RFQ is seeking the services of qualified, experienced, and licensed Towing Agencies to provide towing services for two (2) Categories of services: Cat_ egoa A includes Police and Fire Dispatched Towing and N recker Services for private vehicles; Category B includes Towing of City-o\vned. leased and rented vehicles. The City shall be divided into five (5) zones for the provision of Category A services. 3.2 CONTRACT TERM The Contract \N111 be in effect for an initial term of three (3) years, with the City having an option to extend for two (2) additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the Contract beyond the initial period is a City prerogative, not a right of the Successful Proposer(s). 3.3 METHOD OF AWARD A Qualification Committee (aka "Committee")ff, , comprised of City sta, the Contract Administrator, and a member(s) of the community, as deemed necessary, will review and evaluate all Responses received from prospective Proposers to determine if Proposer(s) meets the minimum qualifications. All Proposers who meet the minimum qualifications shall be eligible for consideration for contract award. It is the City's intent to award Contracts to ten (10) qualified Proposers; however, this number may be increased or decreased depending on the number of qualified Proposers. Qualified Proposers will then be considered for award of zone based upon the following procedures. It is the intention of the City to qualify Proposers and award for each zone, under Category A services, Police and Fire Dispatched To%Ning of private vehicles based on a 24 hour rotating basis (24 hours on -call and 24 hours off), to two (2) qualified Proposers. For purposes of this RFQ, there are a total of five (5) zones ,Nithin the City of Miami. In the event that no qualified Proposer submits a response to work in a particular zone, then such zone may be awarded to another qualified Proposer, or to a successful Proposer qualified and selected for another zone. For the provision of Category B services, all qualified Proposers will be required to provide towing services on a monthly, rotational basis for City -owned, ]eased, or rented vehicles. The City shall award a contract to successful Proposer(s) through action taken by the City Commission at a duly authorized meeting and approval by the State Oversight Board. This action shall be administratively supported by a Contract that shall be executed by all successful Proposers and the City. The Committee will evaluate each Response based on qualifications and submission of required documentation and information. L On, of Miami. Florida Tox•ing &-r IL'l'8 Front r RFO 98-(P)- For Cate or A services, each Proposer, as part of this RFQ, will be required to propose the zone or zones for which it is seeking to qualify to provide towing services. A qualified Proposer shall be selected to provide towing services for only one (1.) zone under the terms of the Contract. It is expected no more than two (2) Proposers shall be awarded each zone. The Committee, following qualification of firms, shall utilize the following criteria to make its recommendation for each zone. 1. Location of Proposer's payment office and storage facility in the zone requested. A Proposer shall be given preference for the zone in which its facility is physically located. 2. Past performance. including the number of documented complaints received since the initiation of the previous Contract. A Proposer who receives fewer complaints than another Proposer for that zone(s) shall be given preference over the Proposer with a greater number of complaints. 3. Proposer's financial ability. including any arrears in payment to the City under the prior Contract. 4. Years of experience in the provision of towing services for the public sector. S. Should the number of firms who proposed a particular zone exceed two (2), it shall be the sole discretion of the Committee to recommend the two (2) Proposers who it determines best serves the needs of the community within the particular zone. 6. Should no Proposer propose a particular zone(s), the Committee shall make its recommendation to select a Proposer(s) to ensure all zones have towing representation. For Category B services, each recommended Proposer shall be required to provide, on a rotational basis, towing of City -owned, leased or rented vehicles and be paid in accordance with the rate specified in the Section 4.3 of the Specifications. The Committee shall submii. its recommendation to the City Manager for acceptance. The City Manager shall make his recommendations to the City Commission, which will make the final determination of award for each zone. The City Manager will also request authorization to negotiate with the recommended Proposer(s). No rights of any kind shall inure to the benefits of any Proposer until a Contract is executed by the City and the Successful Proposer(s). Upon authorization of the City Commission, the City Manager or his designee shall negotiate the Contract with the Successful Proposer(s). The City Attorneys Office will_ provide assistance to the City Manager or designee during the negotiation of the Contract and must approve the Contract as to legal form and correctness prior to the City Commission's authorization for the execution of the Contract by the City Manager. Moreover, the State of Florida has appointed an Emergency Financial Oversight Board (Oversight Board) which is empowered to review and approve all pending City of Miami contracts. As a result, contracts shall not be binding on the City until such time as they have been approved by the Oversight Board. The City reserves the right to accept or reject any or all responses to this RFQ, waive informalities, and request new Responses for the services in this described R.FQ. 10l01/99 9 DRAFT 7G19 Cary of.thami. Florida Towing Senices 'cony RFO 98-'IY-1 i i l 3.4 APPROVAL BV EMERGENCV FINANCIAL OVERSIGHT BOARD The State ofFlorida has appointed an I niergency Financial Oversight Board ("Oversight Board") which is empo\vered to review and approve all pending Cite of h41ami contracts. As a result, contracts shall not be Binding on the Cite until such time as they have been approved by the Oversight Board. Attestation of the Aureement by the Clty Clerk shall constitute evidence of its approval by the Oversight Board. l 3.5 NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written j notice to Contractor or his assignee of such occurrence, shall have the unqualified right to terminate i the contract without any penalty or expense to the City. 3.6 MINIMUM QUALIFICATIONS OF PROPOSER I Responses shall be considered only from firms that are regularly engaged in the business of providing towing services as described herein. The Proposer shall meet each of the following minimum requirements, and submit documentation as required pursuant to this RFQ. Failure to submit evidence of satisfaction of the minimum qualifications shall result in the Proposer being deemed not qualified. A. Proposer must: (i) be regularly and primarily engaged in the business of providing the Services; (ii) have a good record of performance within the City for a period of at least four (4) years immediately preceding the submission; (iii) be located within the corporate limits of the City; and (iv) have sufficient financial support, equipment, facilities, and personnel to insure that the services can be satisfactorily performed if awarded a contract. B. Proposer must be fully licensed to perform the services. This includes occupational licenses and any other licenses needed to provide towing and storage for the City of Miami, as outlined in this RFQ, such as licenses to toy from the public right-of-way. ToNkring licenses to tow from private property are not acceptable. Copies of all licenses must be submitted with your Response. C. Proposer must have an office and storage facility established in the City, preferably in the zone' -for which the Response is being submitted. The office shall be a permanent structure (no temporary trailers, mobile homes, etc.). The customer waiting area shall be covered. The Qualification Committee may conduct a site visit to Proposer's facility to verify compliance with this requirement. Proposer shall submit, with the Response, evidence of ownership or V part}, lease valid for the life of the Contract for all facilities. D. Proposer's premises must be properly identified by signs on the exterior of structures, (letters displayed no less than 12 inches ip height), i.e. visible from the adjacent access 10/01/99 10 DRAFT CaY of Aliami, Florrda Tct i mg Services rcnnt r �' RFQ 98-99-1-1 road. The Qualification Committee may conduct a site visit to Proposer's facility to verify compliance with this requirement. E. The premises and all equiLtient must be maintained in a reasonable state of cleanliness apar. Working areas. interior- and exterior of structures shall be kept free of debris and/or articles inappropriate or inconsistent with the operation of towing services. The Qualification Committee may conduct a site visit to Proposers facility to verif} compliance with this requirement. Refer to Section 3.9 below for Minimum Equipment Requirements. F. Proposer must maintain at all times during the term of the Contract a separate telephone number on a twenty-four (24) hour basis for incoming police calls, separate from and in addition to such other telephones as are necessary to provide twenty-four (24) hour service to the public. (NO ANSNVERING SERVICE, •ANSWERING MACHINE OR RECORDED MESSAGE \'FILL BE ACCEPTED). The Qualification Committee may conduct a site visit to Proposer's facility to verity compliance with this requirement. G. Storage - At least one hundred (100) outside and two (2) inside storage spaces shall be immediately available. Rates for storage area to be not more than those storage rates set forth in the Sample Towing Agreement. Proposers shall have all the necessary licenses for storage. The Qualification Committee may conduct a site visit to Proposer's facility to verify compliance v6th this requirement. H. Proposer must submit with its Response evidence that, if awarded a Contract, it shall be able to post a Letter of Credit in the amount of 510,000, in accordance with the requirements set forth below. For the purposes of this RFQ, Proposer shall submit with his Response a letter from his bank/financial institution attesting to the Proposer's financial stability and ability to provide a Letter of Credit/Security upon execution of Contract, should Proposer be awarded a contract under this RFQ. I. Be in sound financial condition _ and shall not have conflicts of interest which may be of embarrassment to the Cite. Proposer must submit the most recent certified business financial statement as of a date not earlier than the end of the Proposer's preceding official tali accounting period, together with a statement in writing. signed by a duly authorized representative, stating that the present financial condition is materially the same as that shown on the balance sheet and income statement submitted, or «nth an explanation for a material change in the financial condition. A copy of the most recent business income tax return will be accepted if certified financial statement is unavailable. Additionally, Proposers shall submit a Pro -Forma Income Statement for the last three (3) years. J. Proposer shall not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the City, is in default or a surety upon any obligation to the City and/or has failed to perform faithfully any previous contract with the City. Proposer, nor any member, officer, or stockholder thereof, shall not be in 10/01/99 11 Dl%t-AFT fliE c9 a1 ... Cily of Aliami. Florida Tou Ing services (Cont l RFD 9549-1-1 i arrears for any monies owed to the City for similar services provided in the past. Should a prospective Proposer be in arrears at the time of issuance of this RFQ. the Proposer must contact the Contract Administrator and pay all monies before the date and time the responses are due, or establish a N\Tlttcn payment plan that is approved by the City before the date and time the responses are due, so that all arrears are paid in full no later than one (1) year alter award of Contract pursuant to this IZ -Q. Should payment not be paid in full by that date. Proposer shall be deemed in default of contract and immediately eliminated from providing toning services for the remaining term of this Contract. K. Proposers shall have sufficient personnel alone with the required equipment specified on Attachment D in order to provide the required services. 1t is the intent of the City to ensure Contractor has the proper equipment in good 'orking condition. and emplovees to satisfactorily perform according to specifications. The Qualification Committee may conduct a site visit to Proposer's facility to verify compliance with this requirement. L. The principal(s) of a Proposer shall not be principal(Ls) of another responding Proposer (for purposes of this Request for Qualifications, the term "principal" of the Proposer means an owner, officer or member of the Proposer's Board of Directors). Additionally, no Proposer shall have a stockholder who also owns stock of another Proposer under this RFQ. Proposers who fail to meet any of the above minimum qualifications shall be deemed non- responsive. 3.7 MINIMUM EQUIPMENT REQUIREMENTS Proposers must adhere to and meet the following equipment requirements, for qualification. Failure to meet any of the following shall disqualify Proposer. Refer to At_tachment_D for further specification. A. _Definition: The term "Tow Truck" and "Wrecker" are used in the RFQ interchangeably to mean any motor vehicle equipped with booms, winches, or similar equipment designed for recovery and to"ing of vehicles, trailers, motor homes and objects which cannot operate under their own power and must be transported in the tow and control of another vehicle, which meets the requirements of the Metro -Dade County Toeing Ordinance, and displays the appropriate decal for Class A, B. C, or D tow truck, as specifically described in Attachment D. All NWeckers shall be full, hydraulic. B. Required Equip ent by Zone: Proposers shall submit with its Response a copy of the vehicle registration for each trucLequipment that will be used for the services of this RFQ or evidence that it owns or has a first party lease valid for the life of the Contract for the following equipment. 1) Five (5) Class "A''' wreckers of which two (2) shall be Class "A" wreckers and two (2) shall be Class "A" slide back car carriers. 2) One (1) Class "B" wTecker. 3) One (1) Class "B" slide back car carrier. + 10r01l99 12 DRAFT City qj,lliomi. Florida l i,uvng Services front RPO 98.99- / "/ i E 4) Two (2) Class "C" wreckers, one (1) of which shall he underlift equipped or one (1) i Class "D" %Wrecker \\hich shall be underlift equipped. I Proposer shall submit with its Response a copy of the current valid vehicle registration j for each of the equipments to be used for the services in the RFQ. r C. Appearance and Condition of Equi ment: 1) Tory Trucks are to be neat, clean, and give an overall acceptable appearance. 2) Each Tow Truck shall have standard fenders. hood, doors and bumper, and be i mechanically and structurally sound. 3) Tow Trucks are to be free of bode damage, which would interfere with tasks to be performed or distract substantially from overall appearance. 4) Each Tow Truck shall be lettered commercially with Successful Proposer(s)'s license number on the front of the tow truck or car carrier body, in letters at least three (3) inches high; and on the driver and passenger sides of the vehicle doors, the Successful Proposer(s) name in letters at least three (3) inches high; and in letters at least one (1) inch high, the Successful Proposer(s) principal address and telephone J number. Stick -on or magnetic signs are prohibited, as are any references to police emergency or wording denoting a similar connotation. 5) Regardless of age, Tow Truck and service vehicles can be used, as long as vehicle meets the requirements of the City of Miami in appearance and mechanical l condition as set forth in this RFQ. 3.8 INSPECTION OF FACILITY AU _ AND _ EQUIPMENT As part of the process to determine qualifications, Proposers' facility(s) and equipment may be inspected by the City's Qualification Committee to determine compliance with the requirements of this RFQ. Following Contract award, inspection of facility and the equipment of Proposer(s) may be made by members of the City Police Department at any time during the term of the Contract, as deemed appropriate by the City. As part of the qualification process, should the equipment fail to meet the minimum qualification requirements set forth in Attachment D. then Proposer shall be given a period of ten (10) calendar days after written notification by the Contract Administrator in which to meet the equipment requirements. After that time, a final inspection shall be conducted to determine Proposer(s compliance with the minimum equipment requirements. Should the Proposer meet the requirements, it shall be deemed qualified. Should the Proposer fail to meet the requirements, it shall be deemed not qualified. 3.9 LETTER OF CREDIT/SECURITY The Successful Proposer(s), prior to execution of the Contract, shall submit to the City, together with the Contract executed by the Successful Proposer(s), an irrevocable Letter of Credit in the amount of Ten Thousand, Dollars and No Cents (V 0,000.00). The Letter of Credit is to assure 10/01 /99 13 (-M' of .11rami. F7orrdo T i> ing Sen•rces Icon! I RV0 9S-99-1-1 payment to the City of all fees that may become due by successful Proposer to City under the Contract. The Letter of Credit shall be subject to approval by the City Attorney and shall be in effect and irrevocable during the complete term of the Contract. Proposer understands and the Letter of Credit shall provide that, in the event of a default by Proposer under the Contract. the City shall have the right to Draw upon the Letter of Credit in the amount determined by the City to be necessary to cure the default. In such event, Proposer must immediately take whatever action is required to cause the Letter of Credit to be replenished to its original amount or have a ne«, Letter of Credit issued. Failure to comply with this requirement within five (5) days after City draws upon the Letter of Credit shall authorize the City to immediately terminate the Contract. 3.10 METHOD OF PAYMENT The City shall provide periodic payments for services rendered by the successful Proposer(s) based upon a fully -documented invoice which identifies the appropriate service provided. Invoices must be submitted to the City on a weekly basis, after the services have been rendered. Invoices shall not be submitted for payment until such time as that portion of the service has been completed and the Contract Administrator or his authorized designee has reviewed and approved the invoice. 3.11 ASSIGNMENT The Contract shall be transferred, conveyed, assigned, or disposed of, in whole or in part, without the prior written consent of the City, which may be withheld or conditioned, in the City's sole discretion. 3.12 SUBCONTRACTORS OF WORK SHALT. BE IDENTIFIED With its Response, the Proposer(s) should identify any and all Subcontractors, if applicable and should they be known at the time, (fiat will be used in the performance of the proposed Contract, their capabilities, experience, minority designation., as defined in Ordinance 10062 and a brief desci7ption of the work to be performed by the subcontractor(s), if applicable. The Successful Proposer(s) shall not, at any time during the term of the Contract, subcontract any part of his operations or assign any portion or part of the Contract, to subcontractor(s) not mentioned in its Response, without written consent of the City. Nothing contained in this RFQ shall be construed as establishing any contractual relationship between any subcontractor(s) and the City. The Successful Proposer(s) shall be fully responsible to the City for the acts and omissions of the subcontractor(s) and their employees, as for acts and omissions of persons employed by Successful Proposer(s). 10/01/99 14 DRAFT 0'a, — I �(j ,j 17h Cite of Miami. Florida ToKinp .5ervjces (Contj RFQ 98-99.1-1 3.13 CONTRACT ADMINISTRATOR Upon execution of the Agreement. Successful Proposer(s) shall report and work directly with Officer Arthur Moe. who shall be designated as the Contract Administrator, and who may be contacted at telephone number 005') 579-6668 or beeper number (305) 483-8958. 3.14 FIRST SOURCE HIRING AGREEMENT Proposers arc alerted to Cite Ordinance 10032 which provides City residents priority in i employment opportunities which may a__-ise should Proposer be awarded the Contract. Proposers must complete and return "Statement of Compliance with Ordinance No. 10032" form with Response. To obtain additional information on this program. contact can be made with Ms. Joni Jones -Harris, Assistant Director, Department of Community Development, at (305) 693-3120. 3.15 MINORITY / WOMEN BUSINESS ENTERPRISE M. VVBE PROGRAM Ordinance No. 10062, as amended, entitled the Minority and Women Business Affairs and Procurement Ordinance of the Cite of Miami. Florida sets forth "...a goal of awarding at least 51 percent of the City's total annual dollar volume of all expenditures for all goods and services, to Black, Hispanic and Women minority business enterprises on an equal basis." A minority business enterprise is defined as a business firm "...in :vliich at least 51 percent of said enterprise is owned by Blacks. Hispanics, or Women and whose management and daily business operations are controlled by one or more Blacks, Hispanics or N omen." To achieve the goal established by Ordinance 10062, vendors doing business with the City are encouraged to include minority farms as participants in their Responses. Acceptable ways for minority participation are: i 1. Proposers Certified by the City as MjAkrBE prior to proposal submission 2. Proposers who include minority/female-owned firms as subcontractors. 3. Proposers who have key professional staff members who are minorities and/or females assigned to key positions for this engagement. For the purposes of this RFQ, a 1 ANIBE certified entity is one which has been certified by the City as a Black, Female, or Hispanic business enterprise prior to proposal submission. Entities ,vhich are M/WBE certified by the Miami -Dade County Public Schools or the State of Florida, any of its agencies, municipalities, or political subdivisions must also meet the City's 1vl/WBE certification requirements. Proposers may, contact the City Clerk's Office for copies of Ordinance No. 10062 and arriendments. The Purchasing Department will provide the necessary forms and instructions upon request. Proposers may contact Ms. Effie McCartney, M/WBE Supervisor, at (305) 416-1921. Each Proposer shall also submit along with the Proposal an Affirmative Action Policy (AAP). 10/01/99 15 DRAFT I-� 4 L CIA-gl.1lranu. Florida Towing Rrvices/conr _ RFQ 98-99•!-J 3.16 CANCELLATION The City Nlana�,er. by ��Titten notice, may terminate the Contract, at his sole discretion and without cause. If the Contract is so terminated, the City shall be liable only for payment for services rendered prior to the effective date of termination. 3.17 LICENSES AND PERMITS Services performed for the City will require licenses and permits in the same manner as private construction protects within the City. The Successful Proposer(s) shall secure, at his/her expense, all licenses and permits and shall fully comply with all applicable laws. regulations and codes as required by the State of Florida, county, or local ordinances. The Successful Proposer(s) must fully comply with all federal and state laws, county and municipal ordinances, and regulations in any, manner affecting the prosecution of the work. Any fines or penalties to the Successful Proposer(s) shall be paid at the Successful Proposer's expense. 3.18 PERFORMANCE The Successful Proposer(s) shall be fully responsible for performing all the work necessary to meet City standards in a safe, neat, and good workmanlike manner, using only generally accepted methods in carrying out the work and complying with all federal and state laws and all ordinances and codes of the City relating to such work. 3.19 DEFAULT OF CONTRACT In case of default by the Successful Proposer(s) due to non-performance or failure to consistently meet specifications, as determined solely by the City, the City may cancel the Contract, procure the services from other sources, and hold the Successful Proposer(s) responsible for any excess costs incurred. 3.20 INDEMNIFICATION Successful Proposer(s) shall defend, indemnify and save harmless the City of Miami and all its officers, agents, and employees from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the Successful Proposer(s), or of any, agent, employee, subcontractor or supplier in the execution of, or performance under the Contract which may result from the award of RFQ. Successful Proposer(s) shall pay any, judgments with cost which may be obtained against the City growing out of such injury. 3.21 INSURANCE Within ten (10) days after notification of award, the Successful Proposer(s) shall furnish Evidence of Insurance to the Purchasing Department. Please refer to Section 6.2 Indemnification and T-1-... •l1J W 4l�\. \. t 10/01/99 16 D R �/� F T C RAFrA a _ �33 4) / ( Ot.t oj.1/iami, Florida Towing Senvices (Cont.) RFQ D&99-J'I Execution of Contract and issuance of a purchase order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this RFQ. the Successful Proposer(s) shall be verbally notified of such deficiency uid shall have an additional fire (5) calendar days to submit a corrected certificate to the City. If the Successful Proposers) fails to submit the required insurance documents in the manner prescribed in this RFQ. within fifteen (15) calendar days after the Successful Proposer(s) has been made aware of City Commission award. the Successful Proposer(s) may be in default of the contractual terms and conditions. Under such circumstances. the Successful Proposer(s) may be prohibited from submitting future proposals to the City. Information regarding any insurance requirements shall be directed to the Risk Management Administrator, Risk Management Department, at (30>) 416-1604. Additionally, Successful Proposer(s) may be liable to the City for the cost of re -procuring the services, caused by Successful Proposers failure to submit the require documents. 3.22 PERSONNEL Proposer shall be deemed to represent that it has all necessary personnel required to perform all services arising from the award of the Contract. All personnel employed shall be employees of Successful Proposer(s). 3.23 SAFETY MEASURES Successful Proposer(s) shall take all necessary precautions for the safety of employees. The Successful Proposer(s) shall use only equipment that is fully operational and in safe operating order. Successful Proposer(s) shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. The Successful Proposer(s) and its subcontractors, if applicable, will be responsible for performing the work necessary to meet City standards in a safe, neat and good workmanlike manner, using only generally accepted methods in carrying out the work, and complying with all federal and state laws and all ordinances and coded of the City relating to such work. This includes, but is not limited to, Federal National Vehicle Safety Standard (NVSS), Occupational Safety and Health Act (OSHA), and the Environmental Protection Agency (EPA) standards. 3.241 DAMAGE The Successful Proposer(s) shall carry out the work with such care and methods as not to result in damage to public or private vehicles, or any private or public property adjacent to the work. Should any public or private property be damaged, the Successful Proposer(s), at his/her own expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of damaged property promptly. The Successful Proposer(s) is responsible for immediate repair of any damage caused by his/her work and shall be fully responsible for any repairs at no cost to the City. 10/01/94 t? DRAFT 0 �1 t6' u o (-m'ol S iamr. Floridr 7oiwi,g •Scrvice•a reonl i RVO 98-99-1-1 3.25 OMISSION FROM THE SPECIFICATIONS The silence of the specifications and any addendum regarding any details or the omission from the specifications of a detailed description concerning any point shall be regarded as meaning that only o prcyad and that only materials and workmanship of first quality the best commercial practices are t are to be used. j 3.26 DISCREPANCIES, ERRORS, AND OMISSIONS Any discrepancies, errors, or ambiguities in the request for Responses or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the request for Responses and may become part of the Contract. The City will not be responsible for any oral instructions, clarifications, or other communications. 3.27 WORK ASSIGNMENTS IDENTIFIED BY THE CITY All work assignments during the Contract period will be on an "as needed" basis, complying with notification requirements. The City offers no guarantee as to the number or frequency of work assignments or the amount of payments to be received by the Successful Proposer under the terms of the Contract. 3.28 EMPLOYEES AR-E RESPONSIBILITY OF CONTRACTOR All employees of the Successful Proposer(s) shall be considered to be, at all times, the sole employees of the Successful Proposer(s) under its sole direction and not an employee or agent of the City. The Successful Proposer(s) shall supply competent and physically capable employees. The City may require the Successful Proposer(s) to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment under this contract is not in the best interest of the City. Each employee shall have and wear proper identification. All the services required herein shall be performed by the Successful Proposer(s), and all personnel engaged in performing the services shall be fully qualified to perform such services. All personnel of the Successful Proposer(s) must be covered by Workmen's Compensation, unemployment compensation and liability insurance, a copy of which is to be provided to the City. 3.29 UNAUTHORIZED WORK Neither the Successful Proposer(s) nor any of his/her employees shall perform any work unless duly authorized by the Contract Administrator or authorized designee. The Successful Proposer(s) shall not be paid for any work performed outside the scope of the Contract, or any wort: performed by an employee not otherwise previously authorized. 3.30 APPLICABLE LAWS The Proposer acknowledges, represents, and warrants that, in its performance of all the terms and conditions of the Contract, the Proposer shall comply with all applicable federal, state, and local 10/01 F99 t8 DRAFT CWo"k � f Cirn, of Miami. /70ridu Towing Services rcont ! RFQ 9$-99-/ / laws, ordinances, rules, regulations, and executive orders, now existing or hereinafter in effect and each and even- provision required by law as a condition of any federal. state, or local grant received by the City with respect to this Contract. Lack of knowledge by the Proposer shall in no way be cause for relief from responsibility. 3.31 CAPITAL EXPENDITURES Proposer unders=ds that ar, capital expenditures that the Proposer makes in order to perform the r required sen7ices specified in this RFQ, is a business risk which Proposer shall assume. The City shall not be obligated to reimburse any capital expenditures. or any other expenses of the Proposer. If Proposer has been unable to recoup its capital expenditures during the time it is rendering such services, it shall not have any claim upon the Cit) . 3.32 NON-EXCLUSIVE CONTRAcr Although the purpose of this RFQ is to secure a Contract that can satisA! the total needs of the City or of a specific City department(s), it is hereby agreed and understood that this RFQ does not constitute the exclusive rights of the qualified Proposer(s) to receive all work that may be generated by the City in conjunction with the services contemplated by this .RFQ. 3.33 LABOR, MATERIALS AND EQUIPMENT j The Proposer shall furnish, at his/her own expense, all labor, equipment, materials or supplies, 1 including gasoline, oil, and equipment necessary for satisfactory completion of all the services specified in this RFQ. 3.34 PRINCIPALS/COLLUSION By submission of this Response, the Proposer declares that the only person or persons interested in this Response as principal or principals is/are named therein, and that no person has an), interest in this Response or in the Contract that may ensue; that this Response is made without connection to any person., company or parties submitting another Response; and that it is in all respects fair and in good faith without collusion or fraud. 3.35 USE OF NAME The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this RFQ are to be mentioned, or imply the name of the City, without prior express written permission of the City. 3.36 INQUIRIES Any questions regarding this Proposal should be directed in writing via mail or fax to the Chief Procurement Officer (Director of Purchasing) 444 S.W. 2nd Avenue, 6' Floor, Miami, Florida 33130. Proposers requiring clarification or interpretation of the RFQ shall make a written request to { t o/o t /99 I9 DRAFT T L i!i Ur.tliam�. Ilor:uif 7o'sigc Spr%;""N ICOW 1 rFi) 98-99-/ 1 t the Chief Procurement Officer on or before the close of business . The person or firm submlttlnc the request will be responsible for its timely delivery. k ritten responses will be compiled and shall be issued only in addendum format and distributed to all potential Proposers. Any- questions regarding the process may be addressed in «citing to Ms. Pamela Burns, Sr. Procurement Contracts Officer. at telephone (305) 416-1905. fax (305) 416-1925, or e-mail. 3.37 DRAFT TONVING AGREEMENT Attached hereto as Attachment "A" is a :Iran Towing Agreement. The draft Towing Agreement is a sample to be used only as a reference document, and its content and format is subject to modification prior to execution. The RFQ. draft Agreement (.Attachment A); Application for Wrecker Contract (:attachment B): Towing Zones (Attachment C),. Equipment Requirements (Attachment D): Tory Log (Attachment E). Miami Police Administrative Prior Month Release Report (Attachment F), and Miami Police Towing Administrative Fee Remittance Report (Attachment G) vafl serve as the basis for the resulting Contract(s). The City reserves the right to modify the terms and conditions set forth in the draft Agreement as it deems necessary, prior to its execution. • . l�r reeve i e4.r�iar;rr.�rf ,!, . s •. H. • .. r ! • 'HWiNew r �- ♦. •• w• • • r •. All f to the l 0/01 /99 20 D NR, F Cim Of Aframi. Florida Tolwng Semces (cont.) RJ'Q 98-99-1 `I t i j -.1_ ac3+-+Fat--i# _ _ title, 12FPpwFfi;r*g name. Ala-m-0 t'_' . ;d wumber-a " j d d ' StMement i i 1 3.38 VOLUNTARY PRE -PROPOSAL CONFERENCE All Proposers are highly encouraged to attend the voluntary pre -proposal Conference. This conference will be held at on . At this time, all requirements and specifications detailed in this RFQ will be discussed. Each Proposer is required, prior to submitting a Proposal, to acquaint himself / herself thoroughly, with any and all conditions and/or requirements that may in any manner affect the work to be performed. Allowances will not be made because of lack of knowledge of these conditions. DRAFT 10/01 /99 21 City of Miami, Flnrlda Towing services (Cont.) RrQ 98-99./`1 4.0 SPECIFICATIONS 4.1 BACKGROUND The purpose of this RFQ is to solicit qualified, experienced, and licensed to -,wing firms for the provision of to,tiing services of private vehicles within the City's corporate limits, and City -owned, leased, or rented vehicles on an as needed, when needed, basis based upon the requirements reflected herein. 4.2 SCOPE OF WORK The work to be performed is divided into two (2) Categories. These Categories are reflected below. Categor- A: Police / Fire Dispatched Towing & Wrecker Services for private vehicles To furnish to%%ing and «recker services, including all labor, materials and equipment, on an as -need basis to the City, particularly when requested by the Miami Police and Fire -Rescue Departments, in cases of accidents, traffic hazards, scofflaws, stolen vehicles, etc. For the purposes of Category A, the City has been divided into five (5) geographical zones, as depicted and described in the map attached hereto as Exhibit L The City may adjust the zones as deemed necessary at any time during the term of the Contract after a review and recommendation by the Towing Review Board. For tow truck/wrecker requirements and definitions, please see Attachment D of this RFQ. Category B: Towing of Ci!1-owned, leased, or rented vehicles 7 147 ry i4 Tmnt:nn .A n�nnyr nnll , r }✓+i�� To provide to«ing services outside of City limits on a monthly, rotational basis, for all city - owned, leased or rented passenger vehicles, trucks or heavy equipment and boats, from point of location to the City's Fleet Services Center, 1390 N.W. 20`' Street, Miami, Fla. Towing requests for City owned vehicles «ithin the City of Miami limits shall be handled by the Towing Agency on call for that day and assigned to the zone where the request is made. Equipment used to tow shall be of a type that will not damage City vehicles towed which, whenever possible, shall be towed on a flat bed. 10/01/99 22 F T SO- "109 (7%.ttiami, Florida Toxuig 5emcea Mont.) • AIR• r f f !1 `i fi RFQ 9S-99-1 _/ �eO(F�6 - AGaWl-i-no -for Fi�e�C b 3.38 VOLUNTARY PRE -PROPOSAL CONFERENCE All Proposers are highly encouraged to attend the voluntary pre -proposal Conference. This conference will be held at on . At this time, all requirements and specifications detailed in this RFQ will be uia%.u�1ow- Each Proposer is required, prior to submitting a Proposal, to acquaint himself f herself thoroughly, with any and all conditions and/or requirements that may in any manner affect the work to be performed. Allowances «rill not be made because of lack of knowledge of these conditions. 10/01/99 21 DRAFT 0 0 - 'a' J C'!{v o! 11)ami. Fiortalcr Tossing Services (Cont ) RFQ 9.!t-99-1-/ Points of location may be areas within the City. Miami -Dade County. and Broward County Refer to Section 4.3 as to maximum rates established for these tows. NOTE: All firms who seek qualification must agree to provide both Category A and Category B services in accordance with the requirements reflected within this RFQ. Failure to agree to provide either service in accordance with the requirements shall disqualify your firm. 43 MAXIMUM RATES ALLONVED BY CITY The following shall be the maximum rates allowed to be charged for towing sen•ices. The rates set forth in this section may be reviewed at the end of the first year of the term of the Contract and at any time thereafter. by the Contract Administrator and an authorized designee of the Department of General Services Administration. City representatives will meet with a representative from each of the Towing Agencies tinder contract with the City prior to any.rate adjustment. As part of the review process. City representatives shall recommend to the City Manager for his approval any proposed rate adjustments. Should a rate adjustment(s) be approved, the Contract(s) will be modified and Towing Contractor(s) will e so notified, in writing. Towing rates set forth in the RFQ and subsequent Contract shall be posted in a conspicuous place in the facility and in easily readable form at all times. CATEGORY A: Towing of Privately owned vehicles 4.3.1. Towing Rates by Wrecker Class Base rates shall include hookup, unlocking door if necessary, dropping of linkage, use of dolly and towing. Mileage rate shall be allowed for each mile or fraction of a mile to all destinations, with the exception of a City operated storage facility. Refer to Attachment D for description of wrecker class. Class "A" (a) Base Rate............................................................................... 2800 70.00 (i) City Administrative Charge .............................................. S-20 00 25.00 (b) Mileage Rate -after first 5 miles ............................................ $ 3.00 Class "B" (a) Base Rate............................................................................... $ 50.00 130.00 (i) City Administrative Charge .............................................. $ 15,00 25.00 (b) Mileage Rate -after first 5 miles ............................................. $ 3.50 Class "C" (a) Base Rate............................................................................... $ 1-15 00 155.00 (i) City Administrative Charge .............................................. $ .15,GO 25.00 (b) Mileage Rate - after first 5 miles ........................................... $ 4.50 10/01/99 23 DRAFT 1 Ci�v of Miami. Florido Towing Services (cant.) RFO 93-99-1-1 Class "D" (a) Base Rate............................................................................... $ : 0Q 00 180.00 (i) City Administrative Charge....... ....... $ 1500 25.00 (b) Mileage Rate - after first 5 miles ........................... Note: Mileage fees shalt not be charged for towing a private vehicle to a city -operated storage facility. Mileage for towing vehicles from outside City limits to City -operated storage facility shall be based on the one-vvay distance between the pick up point, and the closest point of entry into Miami city limits. Additionally, Successful Proposer(s) shall not charge a fee, e.g. "gate fee," for allowing the owner/agent to remove the released vehicle from their property or the Successful Proposer(s) moving the vehicle to a location where the owner/agent can take possession of the vehicle. 4.3.2. Auxiliary Charges Any auxiliary services (e.g., low -boy tractor trailer or use of air bag recover system) are to be performed only if required and appropriate. (1) Low -boy Tractor Trailer............................................................ $150.00 per hr Air Cushion Recovery ................................................................ $150.00 per hr (2) Successful Proposer(s) Administrative Services Basic Rate After First (24) hours ............................................... $ .3-5.00 20.00 This administrative service is not an automatic "add -on" but only when required to comply with Florida Statutes Sections 715.05 and 713.78, and may be imposed by the Successful Proposer(s) for administrative services. This service refers to and includes verification of public V.I.N.; search of vehicle for ownership information; preparation and processing of paperwork; owner/lienholder information search; preparation and mailing of the first notification letter to owner. All actual fees imposed by the. State for obtaining pertinent ownership information and actual postage fees will be in addition to Section 43.1 cited above. The actual fee required by local tag agencies or computer service access time may be added to the above charges, but shall not exceed $2.00 per vehicle. Fees required by out of state governmental agencies may be added to the above charges. Towing Agencies will be required to justify the additional charges. All mailings to owners, lienholders, and governmental agencies (for ownership/lienholder information requests), will be done by CERTIFIED MAIL. This administrative service charge will not be imposed by the Successful Proposer(s) during the first 24 hours of impoundment. f 10/01/99 24 DRAFT cyej "t69 Ci,y of .1/iami. Florida ]ir rrng Sen'rcra ecow / RrO 98-99-1-1 Failure to comply with the owner/lienholder notification provisions as required by Florida Statutes Sections 715.05 and 711.78, shall make void anv ,and all claims of storage charges by the Successful Proposer(s) for the impounded vehicle. 4.3.3 Hotirh, Labor Rate. The following shall be the maximum rates allowed to be charged for lowing service. The Contract ;administrator and an authorized designee of the Department of General ServicesAdministration may review the rates set forth in this section at the end of the first year of the term of the Contract and at anytime thereafter. Cite representatives \gill meet with a representative from each of the Successful Proposer(s) under Contract with the City prior to anv rate adjustment as part of the review process. City representatives shall recommend to the City Manager for his approval any proposed rate adjustments. Should a rate adjustment(s) be approved, the Contract(s) will be modified and the Successful Proposer(s) shall be notified in writing of the new rate. The following are the maximum rates allowed to be charged for hourly labor at a scene. Examples of charges are removal of driveline or axles, road service calls, (including battery jump and tire change), -inching recovery (winching shall not apply when removing a vehicle from a parking space and simple winching and retrieving to facilitate its removal), miscellaneous calls from the City requesting services such as removal of trees, debris from the street, etc. If an item other than a motor vehicle is towed at the request of the City, the Successful Proposer(s) shall be paid the tow rate according to the class of the wrecker required. Labor rates shall be based on 15 minutes intervals, after the first thirty (30) minutes on the scene for actual labor or waiting. and according to the wrecker class required. No fees shall be charged for waiting time for releasing a vehicle at the City storage facility, unless the on - site wait is in excess of thirty (30) minutes after notification of arrival. (a) First 30 minutes on the scene included in base hourly rate (b) Class "A,r - Each 15 minute interval .. $ ,1-ZZ GO, 17.50 - Hourly rate.............................................................. $ 62 012 70.00 (c) Class " B" - Each 15 minutes interval ......................................... $ 3" ;!5. 32.50 Hourlyrate.............................................................. $ 135.00-130.00 (d) Class "C" - Each 15 minutes interval ......................................... $ 4.0,= 3 8.7 5 - Hourly rate.............................................................. $ 1-60 00-155.00 (e) Class "D" - Each 15 minutes interval ......................................... $ 44�— 45.00 - Hourly rate.............................................................. $ 1-25 QQ-180.00 Note: In situations of waiting time where more than one owner of towed vehicles are involved, the total amount of waiting time shall be divided equally between the owners of towed vehicles or equipment. 10/01/99 25 DRAFT Cin- of Altam:. Florida Towing Semces team t RFQ 9S-994-/ 4.3.4 Trailer, Charges for use of boat trailer or other trailer when authorized by the Contract :administrator. shall be in accordance with the following schedule for each movement of yesscl size: a Small size boat (18 feet and under) .................................... $ 50.00 (b) medium size boat (from 18 feet up to 30 feet) ................... $ 75.00 (c) Large size boat (30 feet and over) ...................................... $ 150.00 4.3.5 Underwater Recovery Services The above listed hourly labor rates as shown in Section 4.3.3, based on 15 minute intervals. are the maximum allowable (per hour, and according to wrecker class and service required) for recovery from salt or fresh water. If an additional tow truck is required to perform the recoven% the rate charged shall be the amount set forth in Section 4.3 Maximum Rates Allowed by City-. Section 4.3.3 Hourly Labor Rate. If required, a Certified Salvage Diver shall be provided by City. 4.3.6 Special Events/Standby Towing The rates listed below are the maximum allowable (per hour and according to wrecker class) for standby wreckers during Special Events. i When asked to provide Special Events Towing, Successful Proposer(s) shall be entitled to i payment for the number of hours of standby time, which exceeds the number of vehicles ! towed. Standby hours shall be paid at the towing rates listed below and must be authorized by the Police Officer in charge at the scene. (1) Class "A" - Hourly standby rate............................................................. $ 6800 70.00 (2) Class "B" - Hourly standby rate............................................................. $ 130.00 (3) Class "Ct, - Hourly standby rate............................................................. $ 155.00 (4) Class "D" - Hourly standby rate............................................................. $ 180.00 NOTE: Successful Proposer(s) shall not charge nor shall be compensated for both standby and regular working towing rates, if directed to remove a vehicle during a special event. Only one or the other rate shall apply and be authorized, until the completion of the event. (e.g. If Successful Proposer(s) works an Orange Bowl event, and is there for 4 hours and tows 3 vehicles, it is entitled to 1 dour standby time as stated in 2 paragraph of Section 4.3.6. Firm will not be compensated towing and standby if it works the event for 4 hours and tows 4 vehicles; firm will receive either the standby time, or the fee for each vehicle that is towed. Firm will not get paid for 4 hours standby and also for the 4 tows). 4.3.7 Storage )[fates r DRAFT 10/01 /99 26 Cth' n/ AhaMi. Florida RFO QS-99-1 -1 10/01/99 Daily rates for all vehicle storage arc based on a 24-hour day. The daily rate shall apply according to the type of vehicle stored. Storage will oniv be assessed to owner of vehicle when notified. as provided by Florida State Statutes 715.05 and 713,78. The following are the maximum allowable rates: (1) :any Vehicle - If released &rinL the first six (6) hours No charge (2) Nlotorcvcics - Daily rate ..................................................... $ 12.00 0) Passenger Vehicles - Daily rate... ....................................... $ 20.00 (Less than 20 feet in length and 8 feet in width) (4) Larger Vehicles - Daily rate ............................................... $ 35.00 (Including trucks over 3/4 ton. boats, (one charge, with or without trailers), trailers, etc.) Note: Vehicle must be over 20 feet in length. (5) Inside storage - An additional $5.00 per day may be charged for inside storage upon the written direction of the City Enforcement Officer on the tow slip, or with the signed consent of the owner. (6) Use of Overflow Storage Area - Successful Proposer(s) shall not make any extra charge to customer retrieving a vehicle from an overflow storage area. Successful Proposer(s) may either bring a vehicle, which is stored in an overflow lot to the customer at the main office and storage area, or transport owner/designee to the overflow storage area to retrieve velucle. There shall be no charge for this service. 4.3.8 Towing of Multiple Vehicles, Jet Skis, Engines, etc. A separate pound slip shall be completed on each vehicle or item and Successful Proposer(s) shall be entitled to the specified tow fee for the required class wrecker on each vehicle or item. 4.3.9 Towing of Vehicles and Boats located within City's Auto Pound Towing of vehicles and boats within the City's Auto Pound, located at 300 N.W. 7`h Street, shall be provided by the Successful Proposer(s) awarded that zone. The rates for any tows in the Auto Pound shall not exceed the labor rates specified in Section 4.3.3 Hourly Labor Rate. Firm shall respond only upon the receipt of a call for service by the City and shall be compensated accordingly. CATEGORY B : Towing of City -owned, leased, or rented vehicles Towing fees shall be based upon a flat rate, all -encompassing fee for each specified area. Included in the fee is 15 minutes of wait time and any special equipment such as, but not limited to, dollies. The fees listed below are maximum amounts to be paid to Successful Proposer(s) by the City. Tows within City. 30 min. maximum response time ................................. $''1" 00 No charge Tows within Miami -Dade County, outside City, I hr. response time ....... $:a..w 20.00 Tows within Broward County, I hr. 30 min. response time ......................$a.°,AA 33.00 Tows other than in Miami -Dade or Broward County ..................$32.09 33.00 plus mileage Towing of City Owned Boats..................................................................................$ 75.00 Hourly wait time, paid on half-hour intervals........................................................ $ I5.00 MileageRate........................................................................... .t. ....... I................... $ 2.50 27 DRAFT, to z City of '.lhamr. Florida Tosving .SeMces tennt.t `' RPQ 0S-99-/ `1 Class •C' (1 30 min. on scene)............................................................... ............... $ 75.00 Class`D' (1, 30 min. on scene)..............................................................................$ 90.00 Lou-boy.'Landoll (Rate / hr. from initial departure) ............................................... $ 75.00 Heave Dut- hourly wait time paid on `,; hour intervals ....................... $ 18.75 The mileage rate shall be one-wvay beginning at either the northern Broward Countyline or the southern 1\liami-Dade Countyline. The mileage rate for heavy-duty tows shall begin outside of City of Miami jurisdiction. The mileage rate shall be added to the flat fee of $14 00 33.00 for tows outside of Miami -Dade or Brow•ard County (. g.-.a u?w-taw fee (e.g. a vehicle is located in Boca Raton, Palm Beach County. 15 miles one way from the Broward Countyline. The tow fee would be $4,Q4 33.00 plus 15 times the mileage rate of $2.50 for a total of S�5 50 70.50). Boat Towing Boat tows will be based on trailerable boats up to 30 feet and priced on the flat City rate listed in Category B: Tower of City -owned. leased, or rented Vehicles, plus one-way mileage if towed from outside the City limits at the pickup point (location of disabled boat). NOTE: QUALIFIED TOWING AGENCIES MUST AGREE TO PERFORM CATEGORY B SERVICES FOR CITY OWNED, RENTED, OR LEASED VEHICLES TO QUALIFY TO PROVIDE TOWING SERVICES UNDER THIS RFQ. 4.4 SUBMISSION REQUIREMENTS The following documents, as a minimum, are to be submitted as part of the Response to this RFQ. Proposer must: 1. Provide references of their relevant experience from at least three (3) business entities for whom it has performed towing and storage services, listing the name of the organization, contact person, address and telephone number, during the past three (3) years. References are subject to verification as part of the qualification process. 2. Detail the physical location where Proposer's office and storage facility are located. 3. Provide evidence of ownership or I" party lease valid for the life of this contract for all facilities. 4. Clearly identif}, which zone(s) the Proposer is seeking to qualify to provide Category A towing services. S. Provide evidence of its ability to post a Letter of Credit in the amount of $10,000, in accordance with the requirements of this RFQ. This evidence may be in the form of a letter from Proposer's bank / financial institution. 6. Provide its most recent certified business financial statement as of a date not earlier than the end of the Proposer's preceding official tax accounting period, together with a statement in writing, signed by a duly authorized representative, stating that the present financial is materially the same as that shown on the balance sheet and income statement submitted, or with an explanation for a material change in the financial condition, plus provide a Pro -Forma Income Statement for the last three (3) years. A copy of the most recent business income tax return will be accepted if the certified financial statement is unavailable. 7. Completed Response, including a1,1 required forms included with this RFQ. 10/01/99 28 D R A t", T _ l J, ... Ctn,ofMiami. Florida T(111In' SrrVICCS cont) RFQ 93-99•1�1 8. Copy of Current Cite & County Occupational License(s). where applicable 9. Cope of Current City and Count• Towing Licenses. where applicable 10. Copy of Current Citv and County Inside & Outside Storage Licenses 11. Completed Application for Wrecker Contract (Attachment B) 12. State of Florida Corporate Certification. or equivalent 13. List of full-time employees by name, title. race/ethnicity/gender. 14. Evidence of Vehicle Registration(s) or evidence of ownership or possession of first party lease for vehicles. 15. All information requested as part of a Response to Minimum Qualifications, Section 3.6. 16. List of subcontractor(s), if applicable, and description of work to be performed. 17. Completed Insurance Requirement form. 18. Completed Vendor Background Information form. 19. Completed Minority/Women Business Affairs Registration Affidavit 20. Completed Primary Office Location Affidavit. 21. Affirmative Action Policy / Plan. 22. Debarment and Suspension Certificate. 23. Completed Statement of Compliance with Ordinance No. 10032. FAILURE TO SUBMIT THE ABOVE DOCUMENTS MAY DISQ►UALIF'Y YOUR FIRM. 10/01 /99 29 L DRAFT a Cit►, oftliami, Florida towing Semites (cont.) LIST OF ATTACHMENTS A. DRAFT AGREEMENT D. APPLICATION FOR WRECKER CONTRACT C. TOWING ZONES FOR CATEGORY A TOWING SERVICES D. TOW TRUCK ! WRECKER DEFINITIONS AND REQUIREMENTS E. COPY OF MIAMI POLICE TOW LOG F. MIAMI POLICE ADMINISTRATIVE PRIOR MONTH RELEASE REPORT G. MIAMI POLICE TOWING ADMINISTRATIVE FEE REMITTANCE REPORT L i DRAFT 10/01/99 30 City of Miami. Florida Toa rnq ,Services (cont.l � RFQ 98-99-1-1 CITY OF MIAMI TOWING[WRECKER AGREEMENT (DRAFT) THIS AGREEMENT, made and entered into this day of , 199r by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY" and (a State of Florida corporation), (a partnership), (a sole proprietorship), or (other), hereinafter referred to as "TOWING AGENCY". SECTION I - TERM OF AGREEMENT: The term of this Agreement shall be three (3) years commencing thirty (30) days after its execution by the City Manager. The City shall have the option to extend the term for two (2) one-year renewal periods, at the City's sole discretion. WHEREAS, on _ , the City Commission, via Resolution No. 99- authorized the City to award a contract to the above Towing Agency, pursuant to the terms and conditions of Request for Qualifications, RFQ No. 98-99-171, (the "RFQ"), for the provision of towing services (the "Services") as more specifically described in the RFQ which by this reference is incorporated into and made a part of this agreement; and Whereas, the Towing Agency was awarded a contract by the City Commission, to provide the Services for Zone _, which is described in Attachment C hereto; and Whereas, the parties hereto wish to set forth the terms and conditions pursuant to which Towing Agency shall perform the services. Now, therefore, in consideration of the foregoing and the mutual covenants contained herein, City and Towing Agency agree as follows: Section Il - SERVICES: At the request of the City made in accordance with this Agreement, the Towing Agency shall perform the services as described herein and in the special conditions of the RFQ for Zone Requests for services shall be made by telephone or by any one of the following City departments: (a) The "Complaint Center" of the Miami Police Department (b) Fire, Rescue and Inspection Services ("FRI") (c) Department of General Services Administration & Fleet Management Division ("FLEET") All requests generated by the FRI and FLEET departments must be authorized by the chief and director of the departments, or their authorized designees. Towing Agency, however, shall have the right to assume upon receipt of the requests, that the same has been authorized as herein provided SECTION Ili - TOWING REVIEW BOARD: There shall be established a Towing Review Board, to evaluate any controversy or claim arising out of/or related to this Agreement. The board shall consist of (5) members and an alternate, to be t 10/01/99 31 DRAFT t (-Nr r)% thum;. ? lo'l a 70wing Serl-a-rs Wont I Hl-'o 9!+'-99-/ -/ appointed as follows: a staff person appointed by the Director of the Police Department; a Supervisor frorn the Field Support Section; a staff person appointed by the General Services Administration and Solid Waste Department, one representative and an alternate selected by and among Towing Agencies having a contract with the City, and an independent party to be selected by the City Manager. Operational procedures of the Board shall be developed by the City. SECTION IV - PERFORMANCE STANDARDS: Towing Agency must adhere to the following specific performance procedures and standards: (1) Towing Agency must maintain personnel to operate towing equipment and storage facilities twenty-four (241 hours a day, seven (7) days a week, and respond to calls for service from i the City. (Note: requests may come also from FIRE & FLEET) i (2) Towing Agency shall have sufficient personnel to staff the facility 7 days a week from 8 a.m. to 7 p.m., for the purpose of re!easing vehicles to owners, and also agrees to provide for the special release of vehicles twenty-four (24) hours a day, seven (7) days a week at the request of a Miami Police Department shift commander for emergency purposes only. (3) Towing Agency shall provide service within Zone and to other zones as requested in accordance with Section X1 of this Agreement. (4) Tow trucks must proceed to the scene immediately after Tow Agency receives the correct address from the person making the request by telephone or radio. Thirty (30) minutes is the maximum allowable response time, however, considerations may be given to traffic conditions, which could result in delays. Should Towing Agency anticipate delay beyond thirty (30) minutes due to traffic conditions, Towing Agency shall advise the source of the request of the estimated time of arrival. (5) Repeated and unjustified failure of a Towing Agency to respond within thirty (30) minutes from receipt of request may be deemed to be a demonstrated unwillingness or inability to provide the Service as herein required, and may be subject to the provisions contained in Sections XXI and XXIV of this Agreement. (6) All personnel operating tow trucks shall be qualified and experienced in handling equipment safely on the scene, and in going to and from the scene. Each employee shall have in his possession a City of Miami Identification Card, a copy of which shall be on record with the City of Miami Police Department. All tow truck operators shall have a current valid Florida Commercial Drivers License, according to the type of vehicle they are operating. (7) Tow truck operators shall comply with all applicable state, county and city regulations and ordinances at all times. (8) Tow truck operators shall impound any vehicle or item at the request of the Miami Police Department. The tow truck operator shall abide by the decision of the police officer at the scene. (9) Tow trucks shall not use rotating beacons when proceeding to a call unless authorized by the police dispatcher, 10/01/94 32 DRAFT L On- o hamt. 1-7nri,kt lotting Services WOW XFO 9`i-99.1 -1 (10) Rotating beacons shall be used at the scene, and when towing vehicles from the scene only if towed vehicle represents a hazardous condition. Sirens on wreckers are prohibited. (11) Towing Agency shall not remove vehicles involved in accidents prior to the arrival of a police unit, and only with the permission of the assigned police unit. (12) Tow truck operators shall be responsible for removing glass and/or other debris from the street as a result of a traffic accident to which said operator is responding This debris shall be placed in a suitable container and removed by tow truck operator and shall not, in any case, be left at curbside. Tow truck operators shall be directed in this task by the police unit assigned the call. (13) Towing Agency shall use equipment of a type, which shall not damage City vehicles towed, and whenever possible shall be towed on a flat bed. (14) Towing Agency shall assume all responsibility for damage done to a vehicle towed, or to be towed, during the performance of the services and while vehicles are stored at the agency's place of business in accordance with Florida Statute 713.78. (15) Towing Agency shall not make any repairs to any towed vehicle without the express consent of the owner of the vehicle. (16) Towing Agency's. file shall contain a list of all vehicles on the premises, copies of all itemized bills, copies of notices sent to vehicle owners and proof of mailing as required by law and this agreement, records of payment by customers, records of payment to City, and Driver License Motor Vehicle reports on all tow truck operators. This file must be kept current and available for inspection by City at all times. (17) Towing Agency shall remain equipped and shall comply with all requirements set forth in the RFQ throughout the entire term of this Agreement. (18) Towing Agency office and storage area must remain at the location stated by the agency when this contract was awarded, unless specific written approval for a relocation of the office and/or the storage area is received from Department of Police, Traffic Division, Wrecker Detail. (19) Towing Agency shall be responsible to notify the City of Miami, Department of Police, Complaint Center when it is not available to service a request within its zone. (20) Towing Agency shall invoice the City immediately after a tow has been performed and shall include copies of the individual tow slips, date, time, location to and from, vehicle number, tow truck driver's name and signature, receiving City employee's signature and any other information. (21) Towing Agency shall provide adequate insurance coverage as indicated below, in Section XL. (22) The Police Wrecker Detail shall be advised of any vehicles with hold orders that are stored at the towing companies impound lot within 72 hrs. of the tow. Failure to make such I 10/01/99 33 DRAFT Otv oj,thamt. Florida Tolwq St -races (cont t RF0 9.S49-1 -1 notification shall void any storage fees over three (3) days that may be charged to the owner of the vehicle. (23) Once the Towing Agency has been notified that they are not in compliance with the towing contract, they have ten (10) days to bring their company into compliance. SECTION V - CANCELLATION OF TOWING SERVICE: City reserves the right to cancel a service request to the Towing Agency at any time up to time of hookup without charge. Such cancellation shall be made by the same source that generates the request, as listed in Section 11 of this Agreement. Cancellation may also be authorized at the scene by a police officer. In the event a hookup has taken place and it is necessary to drop the vehicle prior to commencing a tow, then the Towing Agency shall have the right to charge for this service an amount not exceeding one-half the regular towing rate, according to the class of tow. In the event the owner could drive his/her automobile, and the only service needed from the Towing Agency is to pull the bumper or fender not exceeding one-half the regular towing rate, according to the class of tow may be made. No City administrative charge may be made for these services. SECTION VI - ZONE BOUNDARIES: Towing Agency shall be responsible to notify all personnel at their company of the specific zone boundaries, which has been assigned to their zone. Any unauthorized towing outside of their zone that is verified shall result in an immediate loss of five (5) future calls for service for every unauthorized call that is run and shall be given to the company who lost the tow. Additionally, if the Towing Agency is off rotation for that day and receive any towing requests, they shall advise the City to notify the on -call -rowing Agency. Continued violations of this section shall subject them to the penalties as stated in section XXI of this agreement. if a tow truck driver is stopped by an officer or a citizen he shall not tow the vehicle unless verification is made by the Miami Police Complaint Center that the location is assigned to the tow company's zone and more specifically, the case number is assigned to the Towing Agency reporting area. SECTION VII- TOW TRUCK DRIVER SOLICITATION: Drivers are prohibited from stopping at accident scenes and soliciting the public. If it is verified that a driver has solicited a call outside of their assigned zone the company will be penalized in accordance with Section VI. If the Towing Agency elects to continue to employ the driver, any subsequent violations by the same driver shall result in a double penalty in accordance with Section VI. SECTION VII - EMPLOYEES OF TOWING AGENCY: All persons employed by the Touring Agency (including principals, agents, and employees) are required to be fingerprinted and photographed, and shall receive identification cards issued by the City of Miami, which must be renewed annually. Each Towing Agency shall supply to City a list of its personnel prior to being eligible for request for service. The Towing Agency shall immediately give notice to the City of any change in its personnel. Such notification shall be given to the City of Miami Police Department within 72 hours of such change. SECTION Vlll - STORAGE AREAS: Qualifying storage facilities and offices shall be contiguous to another and shall not be more than seven hundred and fifty (750) feet apart. Towing Agency may use additional properties for overflow storage, which may not be more than one (1) mile away from qualifying property. 1010 t /94 34 DRAFT.,-,_ l-rn 001tanrr_ I Inrtiia Towing Seri -ices tcont 1 RFO 9S-99.1 -1 Qualifying property must have at least one hundred (100) outside and two (2) inside storage spaces. All Towing Agency's storage areas must conform to all existing and City of Miami zoning requirements. All impounding vehicles and towing vehicles and equipment at Towing Agency's storage site shall be kept within the confines of the facility and not upon the public streets, sidewalks, or public property, with the exception of loading and unloading of vehicles. At City's sole discretion, Towing Agency may be directed to tow a vehicle to a City storage facility. Towing Agency may also be required to move one vehicle from one location to another within the City facility, at the direction of a designated City employee. Each such move shall be charged to the responsible City department, in accordance with the rates set forth in Section XVI, E, of this Agreement. Towing Agency storage areas must display identifying signs clearly visible from the street, in conformance with zoning regulations, to enable its easy location. The company name shall be displayed in letters no less than 12 inches in height. During normal business hours, the owner of a stored vehicle or designated representative shall be allowed to view vehicle after providing proper documentation of ownership or representation. Vehicle owners must be allowed to inspect their vehicles and remove their personal possessions not attached to vehicle and without the requirement of a waiver for payment as a condition of releasing vehicles. Any other requests shall be left to the discretion of Towing Agency. Towing Agency shall not charge any storage and/or administrative fee for an owner or designee to recover items from stored vehicle. Impounded vehicles shall only be released if a citizen provides "Proper Documents" necessary for the release of a vehicle. "Proper Documents" are defined as proper photo identification of the individual (driver's license preferred) and registration or title for the vehicle. If the individual is not the owner, a notarized letter from the owner authorizing vehicle release must be submitted making that individual the designee. Towing Agency must provide security for impounded vehicles and assume responsibility for any articles of value left in the vehicle and listed on the Vehicle Storage Receipt or Towing Report. Towing Agency agrees to replace any such article(s) or stolen parts from the vehicle or compensate the vehicle owner upon verification of the loss by the designated investigative officer of the Miami Police Department. Upon arrival of a vehicle at the storage facility, the storage facility personnel shall verify the inventory of contents of the vehicle as listed on the Vehicle Storage Receipt and/or Towing Report. Discrepancies shall -be reported immediately to the Miami Police Complaint Center, and the Police Wrecker Detail, In no event shall Towing Agency be authorized to release vehicles from its storage lot with outstanding charges due, without prior permission of the Wrecker Detail or a Miami Police shift commander. SECTION IX - CITY -VEHICLE TOWING SERVICE: If requested, Towing Agency shall provide towing services for all City -owned, leased or rented passenger vehicles, light trucks (3/4 ton or less) and boats. All vehicles shall be towed generally to 10/01i99 35 DRAFT j 13 IN Cin• Of ,Alarm. Florccla ToWing Services (Cont ) RFO 98-99-1-1 Fleet Services Center, located at 1390 NW 20 Street, unless otherwise indicated by City of Miami Communications section or the Fleet Services Center SECTION X - EXCEPTIONAL TOWING SERVICE. - If required for proper processing of investigation, at the direction of the Police Department, Towing Agency may be required, while at a City facility, to move a vehicle to a designated area for processing. Each such move shall be charged to the Police Department in accordance with Section XVI, E, of this Agreement. SECTION XI — SPECIAL EVENTS / SPECIAL OPERATIONS TOWING: The Towing Agency assigned to the zone within which the Special Event or Special Operation is taking place, shall have the first opportunity to provide the equipment necessary to service the event. Should an additional Towing Agency be required to provide service, other Towing Agencies from nearby zones may be called upon by the Police Department to provide service. When requested, all Towing Agencies shall be required to provide at least one (1) Class "A" Wrecker for Special Events. Special events or special operations shall include Orange Bowl Events, parades, D.U.I. roadblocks, various drug and prostitution stings, etc. When asked to provide Special events towing, Towing Agency shall be entitled to payment for the number of hours of standby time, which exceeds the number of vehicles towed. Standby hours shall be paid at the applicable towing rate and must be authorized by the Police Officer in charge at the scene. NOTE: TOWING AGENCY SHALL NOT CHARGE (NOR SHALL BE COMPENSATED) FOR BOTH STANDBY AND REGULAR WORKING TOWING RATES, IF DIRECTED TO REMOVE A VEHICLE DURING A SPECIAL EVENT. ONLY ONE OR THE OTHER SHALL APPLY AND BE AUTHORIZED, UNTIL THE COMPLETION OF THE EVENT. SECTION XII - INSPECTION OF FACILITIES AND/OR EQUIPMENT: The City of Miami Police Department shall have the right to inspect facilities and/or equipment at any time during the term of this agreement as deemed appropriate by City. Towing Agencies shall have all required equipment in the RFQ at all times during the term of this agreement. SECTION XIII - LICENSES, PERMITS, ETC: Towing Agency shall comply with all applicable laws, including without limitation, with the City of Miami Code, Chapter 42, Article V. Towing Agency, must possess a valid current license from City pursuant to said article, and any other permits or licenses which may be required to do business in City. Towing Agency must also possess all the licenses, permits, etc., required by Dade County code to operate said Towing Agency. All licenses, permits, etc. must be kept valid throughout the terms of this Agreement. SECTION XIV - COMPLAINTS AGAINST TOWING AGENCIES: In the event a complaint by a member of the public is filed against any Towing Agency, the department receiving the complaint shall notify the Wrecker Detail, who shall then notify the Towing Agency. If the complaint is in written form, a copy shall be furnished to the Vowing Agency upon 10/01 /99 36 DRAFT L On-of.tham,, Norida Tosving Servicestcont.! RFO 98-99-1-1 request, at no cost. A written reply to the complaint must be forwarded by Towing Agency to the Wrecker Detail of the Miami Police Department, within five (5) working days after its receipt. The complaint may be evaluated by the Towing Review Board to determine if it should be the basis of suspension or termination. Files shall be kept by the Towing Review Board about Towing Agencies complaints. SECTION XV - COMPLAINTS FROM TOWING AGENCIES: Any complaints from Towing Agencies concerning city employees shall be forwarded to the Wrecker Detail of the Miami Police Department for investigation, and a written reply shall be made to Towing Agency within fifteen (15) working days of receipt by the Wrecker Detail. SECTION XVI - MAXIMUM PLATES: The following shall be the maximum rates allowed to be charged for towing services. The rates set forth in this section may be reviewed at the end of the first year of the term of the Contract and at any time thereafter, by the Contract Administrator and an authorized designee of the Department of General Services Administration. City representatives will meet with a representative from each of the Towing Agencies under contract with the City and prior to any rate adjustment. As part of the review process, City representatives shall recommend to the City Manager for his approval any proposed rate adjustments. Should a rate adjustment(s) be approved, the Contract(s) will be modified. Towing rates set forth in the RFQ and subsequent Contract shall be posted in a conspicuous place in the facility and in easily readable form at all times. CATEGORY A : Towing of Privately owned vehicles 16.1. Towing Rates by Wrecker Glass Base rates shall include hookup; unlocking door if necessary, dropping of linkage, use of dolly and towing. Mileage rate shall be allowed for each mile or fraction of a mile to all destinations, with the exception of a City operated storage facility as noted below. Refer to f Attachment D for description of wrecker class. Class "A" (a) Base Rate ................ ............................................................ $ DSO 70.00 ' ..... .. . 0 (i) City Administrative Charge ..............................................$ 20,0 25.00 (b) Mileage Rate -after first 5 miles ............................$ 3.00 Class „B„ (a) Base Rate ........ .................................................................... $ 150-00 130.00 .. 0 (i) City Administrative Charge ..............................................$ 45,0 25.00 (b) Mileage Rate -after first 5 miles ...$ 3.50 } Class "C" (a) Base Rate ...... ...................................................................... $ 375 Go 155.00 r 0 i (i) City Administrative Charge ..............................................$ f 150 25.00 (b) Mileage Rate - after first 5 miles ....................... $ 4.50 f r k 37 DRAFT 10/01/99 f f Cily of Miami, Florida Towing Seri -ices (cont) RFQ 98-99-1-1 Class "D" (a) Base Rate ... .................................. .......................... ............ $ 200.00 180.00 AgeRGy 0 i (i) City Administrative Charge ........................ ..................... 150 25.00 i (b) Mileage Rate - after first 5 miles .........................................$ 4.50 I Note: Mileage fees shall not be charged for towing a private vehicle to a city -operated storage facility. Mileage for towing vehicles from outside City limits to City -operated storage i facility shall be based on the one-way distance between the pick up point, and the closest point of entry into Miami city limits. i Additionally, Towing Agency shall not charge a fee, e.g. "gate fee," for allowing the owner/agent to remove the released vehicle from their property or the Towing Agency moving the vehicle to a location where the owner/agent can take possession of the vehicle. 10/01/99 16.2. Auxiliary Charges Any auxiliary services (e.g., low -boy tractor trailer or use of air bag recover system) are to be performed only if required and appropriate. (1) Low -boy Tractor Trailer...........................................................$150.00 per hr Air Cushion Recovery ..............................................................$150.00 per hr (2) Towing Agency Administrative Services Basic Rate After First (24) hours ..............................................$ 950 20.00 This administrative service is not an automatic "add -on" but only when required to comply with Florida Statutes Sections 715.05 and 713.78, and may be imposed by the Towing Agency for administrative services. This charge refers to and includes verification of public V.I.N.; search of vehicle for ownership information; preparation and processing of paperwork; owner/lienholder information search; preparation and mailing of the first notification letter to owner. All actual fees imposed by state for obtaining pertinent ownership information and actual postage fees will be in addition to Section 16.1 cited above. The actual fee required by local Tag Agencies or computer service access time may be added to the above charges, but shall not exceed $2.00 per vehicle. Fees required by out of state governmental agencies may be added to the above charges. Towing Agencies will be required to justify the additional charges. All mailings to owners, iienholders, and governmental agencies (for ownership/lienholder information requests), will be done by CERTIFIED MAIL. This administrative service charge will not be imposed by the Towing Agency during the first 24 hours of impoundment. Failure to comply with the owner/lienholder notification provisions as required by Florida Statutes section 715.05 and 713.78, shall make void any and all claims of storage charges by the Towing Agency for the impounded vehicle. 16.3 Hourly Labor Rate. The following shall be the maximum rates allowed to be charged for towing service. The Contract Administrator and an authorized designee of the Department of General Services Administration may review the rates set forth in this section 38 DRAFT,, AF 00- of Miami. Finrrd,t 10/01/99 7mt ing Sen im wnru I RFO 98-99.1-1 at the end of the first year of the term of the Contract and at anytime thereafter. City representatives will meet with a representative from each of the Towing Agencies under contract with the city prior to any rate adjustment as part of the review process. City representatives shall recommend to the City Manager for his approval any proposed rate adjustments. Should a rate adjustment(s) be approved, the Contracts) will be modified and the Towing Agencies shall be notified in writing of the new rate. The following are the maximum rates allowed to be charged for hourly labor at a scene. Examples of charges are removal of driveline or axles, road service calls, (including battery jump and tire change), winching recovery (winching shall not apply when removing a vehicle from a parking space and simple winching and retrieving to facilitate its removal), miscellaneous calls from the City requesting services such as removal of trees, debris from the street, etc. if an item other than a motor vehicle is towed at the request of the City, the Towing Agency shall be paid the tow rate according to the class of the wrecker required. Charges for these services shall be based on 15 minutes intervals, after the first thirty (30) minutes on the scene for actual labor or waiting, and according to the wrecker class required. No fees shall be charged for waiting time for releasing a vehicle at the City Storage facility, unless the on -site wait is in excess of thirty (30) minutes after notification of arrival. (a) First 30 minutes on the scene included in base rate (b) Class "A" - Each 15 minute interval .......................... I .............. $ 47.0 17.50 - Hourly rate.............................................................$ 680 70.00 (c) Class "B" - Each 15 minutes interval ........................................$ 3275 32.50 - Hourly rate.............................................................$ 4,3E Do 130.00 (d) Class "C" - Each 15 minutes interval ........................................$ 40-0 38.75 - Hourly rate ................ ............................................. $ 460,E 155.00 (e) Class "D" - Each 15 minutes interval ........................................$ 46:2a 45.00 - Hourly rate.............................................................$ 465,00 180.00 Note: In situations of waiting time where more than one owner of towed vehicles are involved, the total amount of waiting time shall be divided equally between the owners of towed vehicles or items. 16.4 Trailer. Charges for use of boat trailer or other trailer when authorized by City Enforcement.Officer, shall be in accordance with the following schedule for each movement of vessel size: (a) Small size boat (18 feet and under) ..................................$ 50.00 (b) Medium size boat (from 18 feet up to 30 feet) ...................$ 75.00 (c) Large size boat (30 feet and over) .................................... $ 150.00 16.5 Underwater Recovery Services The above listed hourly labor rates as shown in Section 4.3.3, based on 15 minute intervals, are the maximum allowable (per hour, and according to wrecker class and service required) 39 DRAFT C'E ff � '6• � '1<:) e.f cl L City ey lllaml f70rrdo T,nrrnk Nt'' ices fcow i RFO 98-'l9-1 -i for recovery from salt or fresh water. If an additional tow truck is required to perform the recovery, the rate charged shall be the amount set forth in Section 4.3 Maximum Rates Allowed by City, Section 4.3.3. If required, a Certified Salvage Diver shall be provided by City. 16.6 Special Events/Standby Towing The rates listed below are the maximum allowable (per hour and according to wrecker class) for standby wreckers during Special Events. When asked to provide Special Events Towing, Towing Agency shall be entitled to payment for the number of hours of standby time, which exceeds the number of vehicles towed. Standby hours shall be paid at the towing rates listed below and must be authorized by the Police Officer in charge at the scene. (1) Class "A" - Hourly standby rate ............. ................................. :........... $ MCA 70.00 (2) Class "B" - Hourly standby rate.......................................................... $ 130.00 (3) Class "C" - Hourly standby rate.......................................................... $ 155.00 (4) Class "D" - Hourly standby rate.......................................................... $ 180.00 NOTE: Towing Agency shall not charge nor shall be compensated for both standby and regular working towing rates, if directed to remove a vehicle during a special event. Only one or the other rate shall apply and be authorized, until the completion of the event. 16.7 Storage Rates Daily rates for all vehicle storage are based on a 24-hour day. The daily rate shall apply according to the type of vehicle stored. Storage will only be assessed to owner of vehicle when notified, as provided by Florida State Statutes 715.05 and 713.78. The following are the maximum allowable rates: (1) Any Vehicle - If released during the first six (6) hours No charge (2) Motorcycles - Daily rate... ................................................. $ 12.00 (3) Passenger Vehicles - Daily rate ........................................$ 20.00 (Less than 20 feet in length and 8 feet in width) (4) Larger Vehicles - Daily rate ...............................................$ 35.00 (Including trucks over 3/4 ton, boats, (one charge, with or without trailers), trailers, etc.) Note: Vehicle must be over 20 feet in length. (5) Inside storage - An additional $5.00 per day may be charged for inside storage upon the written direction of the City Enforcement Officer on the tow slip, or with the signed consent of the owner. (6) Use of Overflow Storage Area - Towing Agency shall not make any extra charge to customer retrieving a vehicle from an overflow storage area. Towing Agency may either bring a vehicle, which is stored in an overflow lot to the customer at the main office and storage area, or transport owner/designee to the overflow storage area to retrieve vehicle. There shall be no charge for this service. r 10/01/99 40 DRAFT L- C itr of-111ami. Forida Ti)+s-JPJX Jen•rces tcancl RFQ 98-99.1-1 16.8 Towing of Multiple Vehicles, Jet Skis, Engines, etc. A separate pound slip shall be completed on each vehicle, or item, and towing company shall be entitled to the specified tow fee for the required class wrecker on each vehicle or item. 16.9 Towing of Vehicles and Boats located within City's Auto Pound Towing of vehicles and boats within the City's Auto Pound, located at 300N.W. 7"' Street, shall be provided by the Towing Agency awarded that zone. The rates for any tows in the Auto Pound shall not exceed the labor rates specified in Section 4.3.3. Firm shall respond only upon the receipt of a call for service by the City and shall compensate Towing Agency accordingly. CATEGORY B : Towing of City -owned, leased, or rented vehicles Towing prices shall be proposed based a fiat rate, all -encompassing fee for each specified area. Included in the fee is 15 minutes of wait time and any special equipment such as, but not limited to, dollies. The prices listed below are maximum amounts to be paid to Towing Agency by the City. Tows within City, 30 min. maximum response time..............................$-24-00 No charge Tows within Miami -Dade County, outside City, 1 hr. response time .... $45=. 20.00 Tows within Broward County, 1 hr. 30 min. response time..................$-38= 33.00 Tows other than in Miami -Dade or Broward County .............$ -38 0 33.00 plus mileage Towingof City Owned Boats ...... ............................................................................. $ 75.00 Hourly wait time, paid on half-hour intervals............................................................ $ 15.00 MileageRate ..................... ........................................................................................ $ 2.50 Class "C" (V" 30 min. on scene)...............................................................................$ 75.00 Class "D" (1 m 30 min. on scene) .................................................... ........................... $ 90.00 Lowboy/Landoll (Rate / hr. from initial departure) ................................................... $ 75.00 Heavy Duty hourly wait time paid on '/. hour intervals ............................................. $ 18.75 The mileage rate shall be one-way beginning at either the northern Broward Countyline or the southern Miami -Dade Countyline. The mileage rate for heavy-duty tows shall begin outside of City of Miami jurisdiction. The mileage rate shall be added to the flat fee of 33.00 for tows outside of Miami -Dade or Broward County (e.g. a vehicle is located in Boca Raton, Palm Beach County, 15 miles one way from the Broward Countyline. The tow fee would be $3.:.08 33.00 plus 15 times the mileage rate of $2.50 for a total of SZ5,,50 70.50). Boat Towing Boat tows will be based on trailerable boats up to 30 feet and priced on the flat City rate listed in Category B: Towing of City -owned vehicles, plus one-way mileage if towed from outside the City limits at the pickup point (location of disabled boat). SECTION XVII - APPLICABILITY OF RATES AND CHARGES All above rates shall remain as stated or as accepted by City, except where unusual circumstances warrant change. Charges for services not covered by this Agreement shall be calculated at a compensatory rate of special equipment rental plus the hourly labor rate established herein. Use of 4 10/01/99 41 DRAFT ti_ CI (A of 1/purr,. l ifol1mg St-r1l"rs /"Orrl special equipment shall be restricted to unusual circumstances and must be approved in writing by the officer on the scene. The rate structures applied and charged by Towing Agency shall depend upon requirements of the vehicle(s) to be removed, and upon the needs and conditions of the particular situation to which Towing Agency is called, regardless of the actual tow truck and/or equipment used. The class of wrecker and type of equipment to be dispatched shall be the responsibility of the officer on the scene, the complaint sergeant or other designated City representative. Situations, which require the removal of various vehicle parts. shall be charged at the hourly rate of the equipment used. SECTION XVIII - BILLING Towing Agency agrees to (a) itemize fully all bills on standard forms acceptable to City, (b) number all bills to correspond with the Miami Police department Vehicle Storage Receipt number and (c) keep copies of all bills and invoices on file for a minimum of three years. Copies of all bills shall be provided to the City upon request. Itemization of bills shall include a detailed description of the type of services performed and/or equipment used, conforming to the descriptions and wording provided herein (i.e., Class "A" Base Rate, Additional Mileage, Hourly Labor Rate, Dollies, etc.) When bringing vehicle to Towing Agency storage facility, Towing Agency shall note arrival and departure times on vehicle tow slip. SECTION XIX - COLLECTION AND PAYMENT All payments due to the Towing Agency shall be made by vehicle owner or his/her designee, upon receipt of itemized bills for services rendered. The City shall have no liability whatsoever for payment to Towing Agency. When presented with proper identification, Towing Agency shall accept payment for charges from the vehicle owner or authorized representative in any of at least two of the three following forms: (1) Cash, money order or valid traveler's check (2) Valid bank credit card (3) Valid personal check showing on its face the name and address of the vehicle owner or authorized representative. Payment shall be made directly by the City to a Towing Agency operating under this Agreement only in the case of a standby charge for special events, special processing, or when specifically approved by the Chief of Police, the Director of General Service Administration, or the Fire, Rescue and Inspection Services Chief. Towing Agency shall. pay to City the City administrative charges on a monthly basis. The format for submitting such payments shall be determined by the City. It is hereby understood by and between City and Towing Agency that the payments due to City from Touring Agency shall be payable to City no later than, the 20th day of the month, for all vehicles towed and paid for during the immediately preceding month. Additionally, Towing Agency shall return a Miami Police tow log and administrative fee remittance report with their payment. Upon expiration or within thirty (30) days after receipt of notice of termination of this agreement, agency shall pay to the City all moneys due through the date of termination or expulsion. DRArT I � �� F ( 'rn• 01.1/1amr, F70rraa 7rnung ,�'evcit rF rr ry RFQ 98-99-1-1 f 1 City may waive City admitustrative cost if owner does not claim vehicle. A copy of the certificate of destruction or title shall be provided. l SECTION XX - ETHICS AND CONDUCT. Towing Agency shall conduct its business in an orderly, ethical, and businesslike manner, and shall use every means to obtain and keep the confidence of the motoring public. 1 t i (1) Personnel shall conduct themselves in a courteous and businesslike manner, so as not to l bring any undue criticism to 'City- (2) Towing Agency shall be responsible for ensuring that all of the operational personnel shall be of previous and continuous good moral character. (3) Towing Agency operators shall neither solicit nor induce drivers or owners to patronize particular garages or mechanics. The rebate or payment of money or any other valuable consideration to Towing Agency personnel from a garage or mechanic is prohibited. (4) Giving gratuities to any employee of the City is prohibited and any violation hereof by i Towing Agency shall, constitute grounds for the summary and immediate revocation of this Agreement. SECTION XXI - SUSPENSION PROCEDURES: (1) Towing Agency may be suspended for any violation of the provisions of this Agreement, which, in the sole discretion of the Towing Review Board, may be cause for such suspension, as follows: (a) First Violation up to 7 days. (b) Second Violation up to 14 days. (2) Should a third violation occur, upon recommendation of the Towing Review Board; the City Manager may terminate this agreement, also see Section XXIV. (3) By accepting a Zone, Towing Agency agrees to the reasonableness of the suspension procedures and that the same are necessary to enable City to fulfill its duties of safety and control of City's highways. SECTION XXII - LETTER OF CREDIT: The City acknowledges receipt of a letter of credit in the amount of $10,000.00, which has been delivered by Towing Agency to the City to secure Towing Agency's performance under this Agreement. Touring Agency agrees and acknowledges that the City may, without demand or notice to the Towing Agency, collect from the Letter of Credit all amounts due to City by Towing Agency and all other amounts required by the City to cure any default of Towing Agency under this Agreement, in the City's sole discretion, including all amounts incurred in the investigation of an occurrence of a default and/or the enforcement of this Agreement, including reasonable attorney's fees and costs. in the event that the City draws upon the Letter of Credit, Towing Agency agrees to take all action necessary to cause a new letter of credit to be issued, as herein required, or to restore the amount of the Letter of Credit to its original amount within five (b) days after receipt of City's notice that it has drawn upon the Letter of Credit. SECTION XXIII - DEFAULT 10/01/99 43 DRAFT L Cite af.1ham'. Florida 7' m Ind SCr ICCS icanl i RFQ 98-99-1-1 The occurrence of any of the following events shall constitute an event of default: (a) Failure to make any payment to the City on the date the same is due (b) Breach or failure to observe or comply with any provision of this agreement } Upon the occurrence of any event of default the City, in addition to other remedies available by law, shall have the right to exercise its rights under the Letter of Credit, as provided in SectionXXll { above and/or terminate this Agreement in accordance with the provisions of Section XXIV below. SECTION XXIV - TERMINATION FOR CAUSE: The City shall have the right to terminate this Agreement upon the occurrence of any of the following events: (a) Towing Agency's failure to tow within the guidelines of this contract, after the third notice of poor performance. (b) The occurrence of a monetary default under Section XXIII (a) above which is not cured within ten (10) days following the City's notice of default. (c) Towing Agency's failure to comply with the provisions of Section XXII above within the time specified therein. (d) Towing Agency's failure to comply with the insurance requirements set forth in Section XL hereof. R (e) With respect to any other event of default, upon the recommendation of the Towing Review Board. (f) Adjudication as bankrupt. (g) The filing of insolvency, reorganization or bankruptcy petition (voluntary or involuntary). (h) Abandonment of Towing Agency premises or discontinuance of operations. (i) The making of general assignment for the benefit of creditors. (j) Making any charge at rates greater than those established by this Agreement. (k) Making changes to the name, structure, control or entity of a Towing Agency's corporate status by way of transferring stock in the amount of five (5) percent or greater, without the prior consent of the City Commission. SECTION XXV - TERMINATION WITHOUT CAUSE: The City shall have the right to terminate this Agreement at any time, without cause and without any liability to the City if such termination has been determined by the City Commission to be in the best interest of the City. In such event the City shall give Towing Agency at least 90 days prior written notice of termination. SECTION XXVI - COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: I0/01/49 44 DR,.AI �•J �' IL . _...' 0h of .harm, florida To%img Semccs tcont / RF0 94'-99-1 ­ 1 Towing Agency and City of Miami shall comply with all applicable laws, ordinances and codes of Federal, State and Local governments. SECTION XXVII - GENERAL CONDITIONS: (1) All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be sent by personal service, or by registered or certified mail addressed to the other party at the address indicated herein, or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail on the fifth (5) day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI TOWING AGENCY Traffic Division Wrecker Detail 400 NW 2 Avenue Miami, Florida 33128 (2) Title and paragraph headings are for convenience reference, and are not a part of this ' Agreement. (3) In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents the terms in this Agreement shall rule. (4) No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. (5) Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida, or the City of Miami, such provisions, paragraph, sentence, word, or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, to conform with such laws, then the same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. SECTION XXVIII - OWNERSHIP OF DOCUMENTS: All documents developed by Towing Agency under this Agreement shall be delivered to City by said Towing Agency upon completion of the Service and shall become property of City, without restriction or limitation on its use. Towing Agency agrees that all documents maintained and generated pursuant to this agreement are subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties, that any information, writings, maps, contract documents, reports, or any other matter whatsoever which is given by City to Towing Agency pursuant to this Agreement shall at all times remain the property of City and shall not be used by Towing Agency for any other purposes whatsoever without the written consent of City. SECTION XXIX - NONDELEGABILITY: The obligations of Towing Agency under this Agreement shall not be delegated or assigned to any other person or firm without the City's prior written consent. f 10/01199 45 D aY F T ti?¢O ( , V f) ('rn. of Miami, Florida -•..\ lincrr,�, S'trllces (Cont.) RFQ 98.99-1-1 SECTION XXX- AUDIT RIGHTS: City reserves the right to audit the records of Towing Agency which pertain to this Agreement, at any time during the term of this Agreement, and for a period of three (3) year after final payment is made under this Agreement SECTION XXXI - AWARD OF AGREEMENT. Towing Agency warrants that it has not employed or retained any person employed by City to solicit or secure this agreement and that it has not offered to pay, paid, or agreed to pay any person employed by City, any fee, commission, percentage, brokerage fee, or any gift of any kind contingent upon or resulting from the award of this Agreement. SECTION XXXII - CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws, statutes, and case laws of the State of Florida. SECTION XXXIII - SUCCESSORS AND ASSIGNS: This agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. SECTION XXXIV - INDEMNIFICATION: Towing Agency hereby agrees to pay on behalf of, indemnify, defend, and hold harmless the City and City's officers, agents, and employees from and against any and all suits, actions, legal, or administrative proceedings, claims, demands, damages, liabilities, interest, attorney's fees, costs and expenses of whatsoever kind or nature, for any personal injury, loss of life or damage of property, whether arising before or after completion of the work hereunder, and in any manner directly or indirectly caused, occasioned or contributed to in whole or part by reason of any act, omission, fault or negligence, whether active or passive, of Towing Agency, or anyone acting under its direction or control, or on its behalf, in connection with this contract. The Towing Agency's aforesaid indemnity and hold harmless agreement shall not render such Towing Agency responsible of any liability caused by sole negligence of the City. SECTION XXXV - CONFLICT OF INTEREST: (1) Towing Agency covenants that no person employed by agency exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect with City. Towing Agency further covenants that, in the performance of this Agreement, no person having a conflicting interest shall be employed. Any such interests in the part of Towing Agency or its employees must be disclosed in writing to City. (2) Towing Agency is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Miami -Dade County, Florida (Miami -Dade County Code, Section 2- 11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said law. SECTION XXXVI - INDEPENDENT CONTRACTOR Towing Agency and its employees and agents shall be deemed to be independent contractors, and not agents or employees of City, and shall not attain any rights benefits under the Civil Service or Pension Ordinances of City, or any rights generally afforded classified or unclassified employees; further, he/she shall not be deemed entitled to the Florida Worker's Compensation benefits as an employee of City. r 10/01 /99 46 DRAFT., r Cj S"iv. L c'Itil oj,tnumr. 17unda Tuu rr{¢ Seri -ices /cnn[ f Rf Q 98-99-1 1 SECTION XXXVII - NONDISCRIMINATION: Towing Agency agrees that it shall not discriminate as to race, sex, color, age, creed, religion national origin, marital status or handicap in connection with its performance under this Agreement. Nor; in connection with the conduct if its business, including rendition of services and employment of personnel, all persons having appropriate qualifications shall be afforded equal opportunity for employment. SECTION XXXVIII - MINORITY/WOMEN PROCUREMENT COMPLIANCE: Towing Agency acknowledges that it has been furnished a copy of Ordinance No. 10062, entitled the Minority and Women Business Affairs and Procurement Ordinance of the City of Miami, Florida, and agree to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. SECTION XXXIX - ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only Agreement of the parties hereto and correctly sets forth the rights, duties and obligations of each to the other as of its date. Any ( prior agreements, promises, negotiations, or representations not expressly set forth in this i Agreement are of no force or effect. SECTION XL - INSURANCE: Towing Agency shall maintain in force at all times during the term of this Agreement: (1) Workman's Compensation and Employer's liability insurance as required by state statutes. (2) Garage liability insurance in an amount not less than $500,000.00 per occurrence for Bodily Insurance and Property Damage combined endorsed, to include: (a) Automobile Service Operations (b) Garage keepers legal liability covering perils of fire and explosion, theft of entire vehicle, riot and civil commotion, vandalism and malicious mischief. (3) Automobile liability insurance covers all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $500,000.00 per occurrence for Bodily Injury and Property Damage combined. City shall be named as a primary additional insured on the above -mentioned policies and coverage and all such policies shall provide for a 30-day prior written notice to the City of termination or change in coverage_ All insurance policies required must be written by a company or companies rated at least "A" as to management and at least Class " V" as to financial strength in the latest edition of the Best's Insurance Guide, published by Alfred M. Best Company, Inc., Oldwick, N.J. Insurance coverage shall be subject to the approval of the Insurance Coordinator. SECTION XLI - AMENDMENTS: f 0/0 f /99 L_. 47 DRAFT ('rtt of-%harni. 1-Yorld" TolsIng Seri -ices (cunt ) RFQ 98-99-1 City may, at its discretion, amend the Agreement to conform wan changes in applicable City, County, State and Federal laws, directives, guidelines and objectives. No amendments to this Agreement, other than amendments required by changes in county, State or Federal laws, shall be binding in either party unless in writing, signed by both parties. Such amendments shall be incorporated as a part of this Agreement upon review, approval, and execution by the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this day and year first above written. CITY OF MIAMI, a municipal corporation of the State of Florida ATTEST: WALTER FOEMAN City Clerk ATTEST: Corporation Secretary WITNESSES: (As to Contractor) (NOTE: If Contractor is not a Corporation,, two witnesses must sign) APPROVED AS TO INSURANCE REQUIREMENTS: Mario Soldevilla, Director Risk Management Department 10/01/99 Donald H. Warshaw City Manager (Title) — (Seal) APPROVED AS TO FORM AND CORRECTNESS: Alejandro Villarello City Attorney DRAFT as 69 Cav of Miami, Florida Towing Services econ, I RFQ 98-99-1`1 ATTACHMENT B APPLICATION FOR WRECKER CONTRACT WITH THE CITY OF MIAMI 1. Business Enterprise Name 2. Business Address Telephone City Mailing Address Zip City Zip State type of business enterprise (e.g. corporation, association, partnership, organization, joint venture, trust, foundation, firm, group, society, individual natural person, etc.) 3. NAME ALL OWNERSIPERSONS HAVING AN INTEREST IN THE TOWING AGENCY. (Attach additional sheets if necessary) NAME SS# ADDRESS PHONE ---- CITY STATE BIRTH DATE NAME SS# ADDRESS PHONE CITY STATE BIRTH DATE NAME SS# ADDRESS PHONE CITY STATE BIRTH DATE NAME SS# ADDRESS PHONE CITY STATE BIRTH DATE I0/01/99 49 DRAFT C f t' Citt' of .)harm. Florida Toning 5emccs (cant.) RFQ 98.99.1-1 4. Has the business enterprise, or any person whose name appears in this application, ever been convicted of any crime? If so, list the name, the arrest and conviction record of each person. (Attach additional sheets if necessary) 5. Does the business enterprise have an officer, director, partner, or sole proprietor and individual, who has a currently suspended business license revoked by action of the City Manager within the past five (5) years? If so, list the individual(s): 6. If a corporation, supply the following: Corporate Name: Date Incorporated: State of Charter 7. What is the fictitious name under which the business will be conducted (if applicable): 6. Has this business ever been suspended, revoked or been the subject of suspension, revocation or violation of the Local, County or State Law? If so, explain: 9. How many wreckers does the Towing Agency have in each class? (Refer to Exhibit 2 for Class description) CLASS A CLASS B CLASS A (FLATBED) CLASS C CLASS B (FLATBED) CLASS D NOTE: Attach copies of vehicle registration. 10. Has the Towing Agency ever filed for insolvency, reorganization or bankruptcy petition (Voluntary or involuntary) c 10/01199 50 DRAFT 00- 1,60 2 0h of Ahumi. Florida Towing Semices (cant) RFQ 9 -99• 1-1 If yes, exp lain: lain: i i i i 11. List five (5) references: i NAME ADDRESS TELEPHONE i 12. List any current or prior towing and vehicle storage contracts for govemmental organizations: f i j Agency Name: Address: Contact's Name & Phone # Agency Name: Address: Contact's Name & Phone # Agency Name: Address: Contact's Name & Phone # Agency Name: Address: Contact's Name & Phone # 10/01 /99 51 DRAFT f ► �� 0 r } OW of Miami. Florida Towing Services (cont.) RFQ 98.99• 1 `1 Agency Name: Address: Contact's Name & Phone # 13. List any current or prior towing and vehicle storage contracts for private companies Agency Name: Address: Contact's Name & Phone # Agency Name: Address: Contact's Name & Phone # j Agency Name: Address: Contact's Name & Phone # Agency Name: Address: Contact's Name & Phone # Agency Name: Address: Contact's Name & Phone # r 10/01/99 52 DRAFT Crh Oj Ahamr. 1•Jurtda Tcmtiki Services Icont.l RFQ 95-99-1-1 14. Have any of the o... Hers listed in item #3 ever had a contract terminated (either as a primary contractor or sub -contractor) for failure to comply, breach, or default? If yes, please explain: 15. How long has this Towing Agency been in the towing business? 16. How long has the owner(s) listed in Item 3, been in the towing business? (List by name) 17. Are the payment office and storage facility located at the same site? 16. State the address of the payment office: 19. Provide the address of the storage facility or facilities; indicate the approximate square footage of the lot at each facility and specify the square footage available for inside storage: 20, Is the Towing Agency located entirely within the City of Miami limits: 21. For Category A services, Llist the Zone(s) you wish to be considered for towing wrecker service. If more than one, list in order of priority. 10/01/99 53 DRAFT 22. How many employees will be assigned to this towing contract? 23. What are the qualifications, experience, certification for towing and storage of the persons assigned to this contract? 24. Who will be supervising the work performed under this contract and what is that person's experience? NOTE: IN ORDER TO BE CONSIDERED FOR MORE THAN ONE ZONE, YOU MUST ALSO HAVE THE ADDITIONAL REQUIRED WRECKERS. 4 ['fn•v/',ifmmt. F(ona'a Toi.rn•C 5e'n'rr•e's (Contl RFC 9,5-99-1-1 j } I { THE APPLICANT COVENANTS AND AGREES AS FOLLOWS: The undersigned, after being duly sworn, states that the information contained in this application is true and correct to the best of his knowledge and belief, and in the event there are any changes, alterations or additions to the information furnished in this application, he/she shall so notify in writing to the City of Miami Police Department, or its successor in duties, within five (5) days from the date of said change, alteration or addition. 1 i { Signature of Applicant and Title i Sworn to and subscribed before me this day of ------- , 1999. i 1 NOTARY PUBLIC z My commission expires: t P t j } t i € i Cuv of Afiamt, Florida ., Totising -�CIMCCS WOM / RFQ 98-99-1 `l ATTACHMENT C ZONES The Zones covered in this RFQ are a defined below and per the attached map - I - - -- - ZONE I North: City limits East: To Biscayne Bay, including west -end of bridge of 79 Street Causeway, prior to North Bay Village, City limits. South: To 54 Street West: City limits ZONE 11 North: To 54 Street East: To Biscayne Bay South: To 22 Street West of NW 7 Avenue & To 24 Street East of NW 7 Avenue West: City limits, including NW 36 Street strip to railroad tracks. ZONE III North: To 22 Street Vilest of NW 7 Avenue & To 24 Street East of NW 7 Avenue East: To Biscayne Bay, including Biscayne Isle and San Marco Isle South Miami River (Including City Auto Pound) West To NW 27 Avenue ZONE IV North: Miami River East:- To Biscayne Bay South: To SW 8 Street West of 17 Avenue & To West Flagler Street East of 17 Avenue West: City limits, including Tamiami Canal Road 70w7,1C 't—lWCS rcont / RFQ 9J-99-1! THE APPLICANT COVENANTS AND AGREES AS FOLLOWS: The undersigned, after being duly sworn, states that the information contained in this application is true and correct to the best of his knowledge and belief, and in the event there are any changes, alterations or additions to the information furnished in this application, he/she shall so notify in writing to the City of Miami Police Department, or its successor in duties, within five (5) days from the date of said change, alteration or addition. Signature of Applicant and Title Sworn to and subscribed before me this day of ----- , 1999. NOTARY PUBLIC My commission expires: c i Cin• of.11iomr, Florida Towing Services (cont.) RFD 95-99-1-1 ZONE V North: To SW 8 Street West of 17 Avenue & To West Flagler Street East of 17 Avenue East: To Biscayne Bay, including Claughton Isle, Rickenbacker Causeway to middle of second bridge, and Virginia Key South: To Biscayne Bay, including Fair isle to North Prospect Drive. r � TOWING SERVICE Zol", it rT'TV OF KLAya ' FLORIDA I:. PROSYtt,i ++� .0 To«rr�s Senu'cs lcont.) RFC) 9S-99_1-i i ZONE V North: To SW 8 Street West of 17 Avenue & To West Flagler Street East of 17 Avenue East: To Biscayne Bay, including Claughton Isle, Rickenbacker Causeway to middle of second bridge, and Virginia Key South: To Biscayne Bay, including Fair Isle to North Prospect Drive. West: City limits r DRAFT 10/01/99 57 �9- �rG� 01Y(!f.111umi,Plorido 7'0%Ing .NI'MtLTSicnnr RFQ 9&994/ 1 ATTACHMENT D Tow Truck / Wrecker Definition & Requirements A. Class "A " Wrecker: 1. Commercially manufactured unit with a rated capacity of not less than 10,000 pounds GVW. 2. Cab to axle dimension of not less than 60 inches. 3. Dual rear wheels. 4. Commercially manufactured boom NN ith minimum capacity of 8,000 pounds. 5. Hydraulic NNinch (es) with a minimal. «-inching capacity of 8,000 pounds. 6. One hundred (100) feet of 3/8-inch steel core cable 7. Wheel lift with a retracted rating of not less than 3,500 pounds and art extended rating of not less than 2,000 powids. 8. Tow sling or tow bar with a safe lift rating of 3,500 pounds. 4. Two (2) 3/8 inch high-test safety chains. 10. Dolly equipped. 11. One (1) motorcycle sling. B. Class "A " Slide Back Car Carrier (also referred to as Flatbed): 1. Commercially manufactured unit with a rated capacity of not less than 10,000 pounds GVW. 2. Cab and axle dimension of not less than 102 inches. 3. Dual rear wheels. 4. Seventeen (17) feet or longer hydraulically operated slide back or tilt bed. 5. Hydraulic winch (es) with a minimal capacity of 8,000. Pounds. 6. Sixty-five (65) feet of 3/8 inch steel core cable 7. Two (2) tie down chains, each ten (10) feet in length. 8. Two (2)-safer, chains. Class "B" Wrecker: 1. Commercially m_a_ .--tufactured unit, with a rated capacity of not less than 18,000 pounds GVW. 2. Cab to axle dimension of not less than 84 inches. 3. Comrercially manufactured boom (s) with a minimum total capacity of 16,000 pounds. 4. Winch (es) with a minimal winching capacity of 16,000 pounds. 5. Two Hundred (200) feet of inch steel core cable 6. Under reach with a retracted rating of not less than 10,500 pounds and an extended rating of not less than 8,500 Pounds. 7. Tow sling with a safe lift rating of 8500 pounds. { IL CIA, of ,1/t(lmf, Florida 7 rn+'tng sen tees Wont) � RPQ 98.99=/ `7 S. Two (2) 5/1 6-inch alloy safety chains. 9. Tow sling or tow bar equipped 10. Two (2)-Snatch blocks, minimum 8000 pounds capacity each. 11. Two (2)-Scotch Blocks or Hydraulic Stiff Legs 12. Brake lock or Air brakes Class "B" Slide Back Car Carrier: (also referred to as flatbed) 1. Commercially manufactured unit, «ith a rated capacity of not less than 20,000 pounds GVW 2. Cab to axle dimension of not less than 138 inches 3. Dual rear wheels 4. Twenty one (21) feet or longc_r hydraulically operated slide back or tilt bed 5. Hydraulically operated %%inch (es) with a minimum winching capacity of 8,000 pounds 6. Sixty-five (65) feet of 3/8 inch steel core cable 7. Two (2) tic down chains, each ten (10) feet in length 8. One (1) snatch block, minimum 8,000 pound capacity 9. Four-way lug «a-ench 10. One (1) pair ofjurnper cables 1. Commercially manufactured unit, with a rated capacity of not less than 30,000 pounds GVW. 2. Cab to bogey dimension of not less than 144 inches. 3. Commercially manufactured boom (s) with a minimal total capacity of 50,000 pounds. 4. Winch (es) with a minimum total winching capacity of 50,000pounds. 5. Two hundred (200) feet of 5/8-inch steel core cable per winch. 6. Under reach with a retracted rating of not less than 25,000 pounds and an extended rating of not less than 12,000 pounds. 7. Rear support jacks or outriggers. 8. Two (2) '/ inch alloy safety chains. 9. Tow bar or tow sling equipped. 10. External air hookup and hoses to supply, air to disable vehicles. 11. Two (2)-snatch blocks, minimum 24,000 pound capacity each. 12. Two (2)-scotch blocks or Hydraulic Stiff Legs 13. Spring brake - Air Brakes Class "D" Wrecker: 1. Commercially manufactured unit with a rated capacity of not less than 52,000 pounds GVW. 2. Cab to bogey dimension of not less than 180 inches. 3. Commercially manufactured boom (s) with a minimal total capacity of 70,000 pounds, 4. Winch (es) with a minimal total winching capacity of 70,000 pounds. 5. Two hundred (200) feet of inch steel core cable per winch 6. Under reach with rel ratted rating of not Iess than 45,000 pounds and an extended rating 10/01 /99 59 DRAFT tJ' QJ 00, o('Ahumr. Florida Tou-ing Services (cons,) not less than 15.000 pounds. 7. Rear support jacks or outriggers. 8. Two (2) ` inch alloy safety chains. 9. Tow bar or tow sling equipped. 10. External air hookup and hoses to supply air to disabled vehicles. 11. Two (2) snatch blocks, minimal 24,000 pounds. 12. Two (2)-scotch blocks or Hydraulic Stiff legs 13. Spring brake - Air brakes Additional Nkmdatony Equipment on all Wreckers: The following requirements are the minimum requirements, which must be satisfied with respect to each piece of equipment, as specified. Any Proposer whose equipment fails to meet the following requirements will have a period often (10) calendar days after the inspection in which to correct deficiencies. if deficiencies are not corrected by the date of the final inspection, Proposer shall be deemed disqualified and its response will be rejected. 1. 50 pounds of white fine sand or medium oil adsorbent clay or sand equivalent. 2. Heavy-duty push broom with a minimal width of 24 inches. 3. At least two (2) safety cones, or triangle reflectors. 4. One (1) a square shovel. 5. Extra towing chain - 6 to 8 feet with hooks. 6. One (1) axe. 7. One (1) crowbar or pry bar - 30" or longer. 8. Minimum of one (1) fire extinguisher, minimum 5 pound CO2 or dry chemical, underwriter approved and with current inspection tag attached. 9. One extension cord of sufficient length for use in displaying a light to the rear of a towed vehicle when such vehicle is without capability of providing its own lights. 10. Five (5) 30 - minutes fuses and all clearance lamps head lamps, tail lights, and flares necessary to comply with the Florida State Statutes. 11. One (1) set of tools for opening locked vehicles. 12. Sufficient assortment of tools necessary to change tires, drop drive shafts, unlock doors, pull transmission pins or perform similar functions in preparation of towing a vehicle. This should include at least one set of juniper cables and one pair of bolt cutters with a minimum '/ inch opening. 13. A rotor beam. or strobe light mounted on the wrecker so it can be seen when in use from front, and rear and both sides. This shall reflect an amber light. 14. Two (2) Floodlights facing the rear on wrecker. 15. Towing Agency business cards. 16. All tow trucks shall be equipped with a business type communication radio, licensed and Approved by the Federal Communications Commission. The Communication system shall include a base station at the place of business. A citizen's band radio does not meet the requirements of this section. i 10/01/99 60 DRAFT } c is r Attachment E II111AMI POLICE TOW LOG Wrecker Co. Case Number mate Location Towed From RoadBlock Stings r TTA.CIIINIENT F � MIAIVII POLICE ADMINISTR.ATItiE PRIOR MONTH RELEASE REPORT REPORT DATE: To: City of Miami Police Department Attn: Towing Detail 400 N.W. 2 Avenue Miami, F1. 33128 Please indicate a breakdown of "Vehicles Pending Release" for the month & year of: NUMBER OF VEHICLES PENDING RELEASE LESS: CERTIFICATES OF DESTRUCTION (Copies Enclosed) LESS: TITLE SURRENDER (NO CHARGE) (Copies Enclosed) SUBTOTAL: REMAINING VEHICLES: RELEASED VEHICLES a�$20.00 EACH) $ CHECK ENCLOSED No. , dated In the amount off 10/01/99 { 62 , '"ACHMENT C -%" MIAMI POLICE TO«'ING ADMINISTRATIVE FEE REMITTANCE REPORT REPORT DATE: To: City of Miami Police Department Attn: To»ing Detail 400 N.W. 2 Avenue Miami, F1. 33128 The following administrative fee information is provided for the month & year of. Finance Invoice No. CURRENT MONTHLY REPORT NUMBER OF VEHICLES TOWED LESS: VEHICLES PENDING RELEASE SUBTOTAL: LESS: CERTIFICATES OF DESTRUCTION (Copies Enclosed) LESS: CITY POUND LESS: CANCELLATIONS LESS: NO RECORD OF TOWS LESS: OTHER (EXPLAIN) TOTAL POLICE TOWS: (}@ $20.00 EACH) i PRIVATE PROPERTY TOWS: (_)@ $15.00 EACH) CHECK ENCLOSED No. , dated , E In the amount of NOTE: DOCUMENTATION MUST BE PROVIDED FOR ALL DEDUCTIONS INCLUDING SHOWING THE SPECIFIC CASE NUMBERS THAT ARE CANCELLATIONS OR NO RECORD. l RAFT10/01/99 F� I 5.0 INSTR' U(,TIO,VS T( OSPECTI I 'E PROPOSERS FOR PRO , ..s IOX O F SE- R 14CES 5.1 PREPARATION OF RESPONSES - Proposers arc expected to thoroughly examine the RFQ to fully understand the scope of services the Cite is seeking to secure. Proposers. ),\hen necessary, should visit the -.%ork site and take such other steps as may be necessary to ascertain the nature and location of the work and the _encral and local condition which can affect the cost of performance. Failure to do so i\ill not relieve Proposers from responsibilities for estimating properly the difficulty or cost of success fulh performing the \s nrk. 5.1.1 Each Proposer shall furnish the infomiation required in the RFQ. The Proposer shall sign the RFQ and print in ink or tape your name, address, and telephone number on the face page and on each continuation sheet thereof on which he,'she makes an entry. as required. i 5.1.2 Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Proposer to its employees. 5.1.3 Proposer must state a definite time, if required, for start of service or completion of work. Such time should be reflected in calendar days . The RFQ forms may provide for submission of a price or prices for one or more items, which may be lump sum bids, scheduled items resulting in a bid on a unit of service, or construction or a combination thereof, etc. 5.1.4 Proposer should retain a copy of all Response documents for future reference. 1 5.1.5 All RFQ forms as described under Section 6.0, RFQ Response and Document Check List, must be 1 fully completed and typed or printed in ink, and must be signed in ink with the firm's name and by an officer or employee having authority to bind company or firn by his/her signature. Responses having any erasures or corrections must be initialed in ink by the person signing the Response, or the Response may be rejected. 5.1.6 The City's RFQ Forms which are attached to this solicitation shall be used when Proposer is 1 submitting its Response. THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY i OR YOUR RESPONSE MAY BE DISQUALIFIED.. 1 5.1.7 Multiple Responses will be considered non -responsive. 5.2 SUBMISSION AND RECEIPT OF RESPONSES - Responses must be received at the designated location at/or before the specified time of opening as designated in the RFQ. NO EXCEPTIONS. Proposers are welcome to attend RFQ opening; however; no award will be made at that time. A tabulation may be furnished upon request at a later time; however, Proposer must enclose a self-addressed, stamped envelope when submitting a Response to receive the tabulation. 5.2.1 Responses should be enclosed in the sealed envelope provided by the City in the RFQ package. The face of the envelope must show the hour and date specified for receipt of Responses, the RFQ number, and the name and address of the Proposer. Responses not submitted on the requisite RFQ Forms may be rejected. 5.2.2 Response must be submitted to the office and address listed on the front page of this RFQ by the time specified to be considered for award. 5.2.3 Telegraphic Responses or facsimile will not be considered. 5.2.4 Late Responses will be rejected. 1 5.2.5 Failure to follow these procedures is cause for rejection of Response. t 5.2.6 All Responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. E 10/01/99 64 T 1 •' ! u ,rr' q '� Cl 5 2.7 The resr biht,� for ohtain+nz and submitting response ' 'he Cirr Clerk's Office on or before the stated tit, ,nd date is solely and strictly the responsibi. f Proposer. The Cite of Miami is not responsible for delays caused b} the United States mail delivery or caused b\ am other occurrence. Responses received b: the cm- Clcrk after the due date and time \%ill be returned unopened. and �yill not be considered for award, 5.2.8 Modification of Responses already submitted Mill be considered only, if received at the Cite Clerk's Office before the time and date set for opening Responses. All modifications must be submitted in writing. Once a Response is opened, the City will not consider any subsequent submission which alters the Response. 5.2.9 If Responses are submitted at the same time for different solicitations, each Response must be placed in a separate envelope and each envelope must contain the information previously stated in 5.2.1. 5.3 EXPLANATION TO PROPOSERS - Any explanation regarding the meaning of interpretation or the Request for Qualifications, drawings, specifications, etc., requested in writing by a prospective Proposer. must be requested in sufficient time for a reply to reach Proposers before the submission of their Responses. Explanations or instructions shall not materially alter the RFQ unless they are in writing. Oral explanations or instructions given before the award of a contract will not be made. if necessary, a written addendum to an RFQ will be issued to all prospective Proposers. 5.4 TERMS OF PAYMENT - Payment will be made by the City after the items awarded to a Proposer have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice for services/goods and pursuant to Florida Statute 218.74 and other applicable law. 5.5 NO INTEREST IN RESPONDING - If you do not wish to respond, please return the "Statement of No Bid" form, stating the reason. Failure to submit a Response after three (3) times without a sufficient justification of "No Bid" will be cause for removal from the vendorfbidder's list. If applicable, vendor should additionally return the vendor application to be listed on the vendor/bidder's list. 5.6 TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. 5.7 FURTHER INFORMATION - T71is RFQ is issued on behalf of the City of Miami by the Purchasing Department, which is the primary point of contact for the procurement of goods and services in the City. j Requests for further information as to the procurement process except as specified in Section 1.3 of the } Introduction should be directed in writinc to the Sr. Buyer listed on the front page of this RFQ. Staff personnel can be reached at the City of Miami, Purchasing Department, Miami Riverside Center, 444 SW 2nd Avenue, 6°i Floor, Miami, Florida 33130, by c-mail. or at the fax number listed on the first page of this RFQ. 4 1 5.8 RFQ FORMS - All Forms, as described under Section 6.0, RFQ Response and Document Check List, must be completed, signed and submitted accordingly. 5.9 VENDOR REGISTRATION - It is the policy of the City that all prospective Proposers complete a "Vendor Application" indicating die commodities/services which the vendor can regularly supply to the City for inclusion on the City's vendor/bidder's list. Should a prospective Proposer not be currently listed on the City's Vendor/bidder's list, a Vendor Application will be enclosed with the Response. Vendors who have already submitted an application and secured a vendor number from the city are not required to submit a new vendor application. It is the responsibility of the business entity to update its application concerning changes such as ownership, new address, telephone number, fax, commodities, etc. 1 { 1 10i0119s 65 l T p If a Proposer su-- +ts a Response of a "No Bid". a completed v r application should be returned with the Response or th o Bid" form, Completed vendor applications M be added to the City's vendor's list. A Purchase Ordet will not be issued b� the CRY unless the Successful Proposer has completed this application. For any questions, contact the Vendor Registration Section at (305) 416-1913 or by fax. t DRAFT 1 6.0. RFQ RESPONSE CHECK LIST This checklist is provided to help you conform with all requirements stipulated in this RFQ. 6.1. RFQ Information Form - This form must be completed and signed to validate your Response. 6.2. Statement of No Bid, only if applicable- If you do not intend to submit a Response on this commodity or service, please return this form in the bid envelope on or before Response due date and time. If the "Statement of No Bid" form is not completed and returned, your firm may be deleted from the City of Miami bidders' list for this commodity or service. 6.3. Insurance Requirements - Acknowledgment of receipt of information on the insurance requirements for this RFQ. (Must be signed). 6.4. Vendor Background Information - This form must be completed in its entirety to verify the capability of Proposer to perform/deliver the services/goods specified in the RFQ. 6.5. Minority/Women Business Affairs Registration Affidavit, if applicable - Must be completed only if one or more of the openers in the business enterprise is at least 51% owned by a Black, Hispanic or Female. 6.6. Affirmative Action Policy for Equal Employment Opportunity 6.7. Statement of Compliance with Ordinance No. 10032 - Copy of Ordinance included with this RFQ. 6.8. Primary Office Location Affidavit , if applicable - Section 18-52.1(h) of the City Code, as amended, states that the City Commission may offer to a responsible and responsive local bidder, whose primary office is located in the City of Miami, the opportunity of accepting a bid at the low bid amount, if the original bid amount submitted by the local bidder does not exceed 110 percent of the lowest other responsible and responsive bidder. (Must be signed and notarized by the local bidder, only for use in attesting primary office location). 6.9. Debarment and Suspension Certificate - (Must be signed). 6,10. Vendor Application, if applicable - All prospective Proposers should complete a vendor application for the commodities/services the vendor can regularly supply to the City. Should a prospective Proposer not be currently listed on the City's vend or/bicider's list, a vendor application will be enclosed with the bid package. Vendors who have already submitted an application and secured a vendor number from the City are not required to submit a nee; vendor application. Should a Proposer return a Response or a "No Bid", a fully completed vendor application should be returned and the information contained therein will be added to the City's vendor, bidder's list. 6.11. Occupational License - All Responses shall be accompanied by a copy of your current applicable license(s), as required. 6.12. All Required Information pursuant to Section 4.4 Submission Requirements. Submitted RFQ With Response YES YES YES YES YES YES YES YES YES YES YES YES YES TO BE SUBMITTED AS PART OF YOUR RESPONSE t 10/01/99 67 DRAFT r 6.1. RFQ Information Form Mailing Date: 11999 Buyer: _ Pamela Burns RFQ No.: 98-99-171 Telephone: 305-416-1905 ResoIIsesmus`ierc��v+^b, ry *� 4'isc3'-Y�t �M4.�'� + ` �. ��S '� }� i � �1�•" �, `w�'� �+''� r f"i'q �Mti'" rc'.. G}� . u ti•!14�,. ;� at thetOfliec o�fM4he'C�t3-.leak, 3500 Pan American Drivc, Il7iami; lorida 3313155 04 "'► .` _,r+r,�.�" q`%.Y�s t �K. � oi, .F*,. }1 ''I' c i r� V•'�; -� : Commodity Code: 968-90 TERM CONTRACT FOR: TOWING SERVICES RFQ NO.98-99-171 I certify that any and all information contained in this Response is true; and I further certify that this Response is made without prior understanding, agreement, or connections with any corporation, firm or person submitting a Response for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I agree to abide by all terms and conditions of the RFQ, and certify that I am authorized to sign for the Proposer. Please print the following and sign your name: Firm's Name: Principal Business Address: Mailing Address: 10/01/99 Telephone: Fax: Name: Title: Authorized Signature: 69 DRAFT V r L Cin, of tliami, Florida Touvng SO -Vices (cony ) RFC),vo. 98-99•! 'l 6.2 STATEINIENT OF NO BID NOTE: If you do not intend to submit a Response on this commodity or service, please return this form in the response envelope on or before RFQ opening. Failure to submit a Response after three (3) times without a sufficient justification of "No [aid" Nvill be cause for removal from the vendor/bidder's list. Office of the Cin• Clerk 3500 Pan American Drive Miami. FI, 33131-5504 We, the undersi, ned, have declined to submit a Response on your RFQ No. 98-99-171 for TOWING SERVICES for the following reasons: Specifications too "tight", i.e., geared toward one brand or manufacturer only (explain below). Insufficient tine to respond to the RFQ. We do not offer this product or service. _Our schedule would not permit us to perform. We are unable to meet specifications. We are unable to meet bond requirements. ~Specifications are unclear (explain below). We are unable to meet insurance requirements. _Remove us from your bidders' list for this commodity or service. _Other (specify below). Remarks: We understand that if this statement is not completed and returned, our company may be deleted from the City of Miami bidders' list for this commodity or service. Company Name: Signature: Title: Telephone: Date: A completed vendor application should be returned with this form if vendor has not previously submitted an application and secured a vendor number from the City. e 10/01/99 70 DRAFT V** e� t � /-c -- o1 i + a CM. of .tllamt, Flnritla Tou-mg Serrtces tcont.t W'Q .Vo. 98.994 `1 hi INDEMNIFICATION 6.3 INSURANCE REQUIREMENTS Proposer shall pay on behalf of, indemnify and save Cite and its officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of Proposer's performance under the provisions of the contract, including all acts or omissions to act on the part of Proposer, including any person performing under this Contract for or on Proposer's behalf, provided that any such claims. liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may resuh from this Contract• unless attributable to the negligence or misconduct of the Cite• and from and against all costs. attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. The Proposer shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6" Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurarce for all employees of the Proposer as required by Florida Statute 440. B. Public Liability Insurance on a comprehensive basis in an amount not less than $500,000.00 combined single limit per occurrence for bodily injury and propem; damage. City must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work in an amount not less than statutory combined single limit per occurrence for bodily injury and property damage. The City needs to be named as additional insured. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Proposer. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Key Rating Insurance Guide or acceptance of insurance company which holds a valid Florida Certificate of Authority issued by the State of Florida, Department of Insurance, and are members of the Florida Guarantee Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder, NOTE: CITY RFQ NUMBER AND/OR TITLE OF RFQ MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Proposer of his liability and obligation under this section or under any other section of this Agreement. The Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Proposer, I 0/O l /99 71 DRAFT v V - r-1 V L i IL Cin• of .harm, Florida - TO-Ing services (cost.) � RpQ .vo. 98.99•i Insurance Requirements form (page 2) --If insurance certificates are scheduled to expire during the contractual period, the Proposer shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. —In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: A) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation To Bid. B) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Proposer in conjunction with the General Terris and Conditions of the Bid. The undersigned Proposer acknowledges that (s)he has read the above information and agrees to comply with all the above City requirements. Proposer. Signature: (Company name) Date: Print Name: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY RESPONSE. DRAFT 10/01 /99 72 a . 4� Cilrt- of Miami, Florida Tox•rng Services (cont.) RFQ N0, 98-99-1 l 6.5 VENDOR BACKGROUND INFORMATION INSTRUCTIONS: This questionnaire is to be included with your Response. Do not leave any questions unanswered. When the question does not apply, write the word(s) "None", or "Not Applicable", as appropriate. Please print. COMPANY NAME: COMPANY OFFICERS: President Vice President Secretary _ Treasurer COMPANY OWNERSHIP: °ro of ownership of ownership of ownership of ownership LICENSES: i. County or Municipal Occupational License No. (attach copy with bid) 2. Occupational License Classification 3. Occupational License Expiration Date: 4. Metro -Dade County Certificate of Competency No. (attached copy if requested in RFQ) 5. Social Security or Federal I.D. No. EXPERIENCE: 6. Number of Years your organization has been in business: 7. Number of Years experience PROPOSER (person, principal of firm, owner) has had in operation of the type required by the specifications of the RFQ: 8. Number of Years experience PROPOSER (fum, corporation, proprietorship) has had in operation of the type required by the specifications of the RFQ: t 10/01 /99 73 DRAFT �� �--7 G1l On,g0ham:. Florida Towiagservlces(coht.) /iPgxd. 98-99-/`) Vendor Backeround Information form (page 2) 9. Experience Record: List references who may be contacted to ascertain information on past and/or present contracts, work, jobs, that PROPOSER has performed of a type similar to that required by specifications of the City's RFQ: FIRM NAME/ADDRESS DATE OF JOB DESCRIPTION OF JOB PHONE NO.: CONTACT PERSON: FIRM NAME/ADDRESS DATE OF JOB DESCRIPTION OF JOB PHONE NO.: CONTACT PERSON: FIRM NAME/ADDRESS DATE OF JOB DESCRIPTION OF JOB PHONE NO.: CONTACT PERSON: FIRM NAME/ADDRESS DATE OF JOB DESCRIPTION OF JOB PHONE NO.: CONTACT PERSON: FAILURE TO FULLY COMPLETE, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE. 10/01 /99 74 DRAFT 0vofMiomt. flcrtda 10uv,i: 5rrvices (cont, Kf'Q.\;) 98-99-/-1 6.6 N1INOR1T1,.','O,1NIEN BUSINESS AFFAIRS REGISTRATION AFFIDAVIT Please Check One Box Only O I lispanic [ J Female [ J Black [ ] Not Applicable If business is not 51°,, minoritN'.'female o�%ned . affida� it does not apply. If not applicable, notarization is not required. t I (We). the undersigned agree to the folk»~ ine conditions: 1) that we have read Scction 2.25 of the General Terms and meet the fifty-one percent (51°o) ownership and management requirement for minority- omen registration status and will abide by all of the policies and c regulations governing the Cite of Nliami Minorite and Vl'omen Business Enterprise Procedures; ! 2) that if at any time information submitted by the undersigned applicant in his/her Response application should prove to be false, inaccurate, or misleading. applicant's name %Hill be strack from the City of Miami's Master vendor's list with no further consideration given to this applicant: 3) that the City of Miami maintains the right, through award of RFQiContract, to revoke the award, should it be found that false. inaccurate or misleading information or a change in the original information have occurred; 4) to notify the City of Miami within thirty (30) days of any change in the firm's ownership, control, management or status as an ongoing minority/women business concern as indicated on the Response or application, and that the City of Miami, upon a finding to the contrary, may render a firm's registration with the City null and void and cease to include that firm in its registered list of minority and women -owned businesses; 5) that the City of Miami has a right to diligently verify all information submitted by applicant in his(her Response/application to monitor the status of the Minority/Women Business Enterprise, once registered; 6) that the City of Miami may share a firm's registration information conceming its minority/women status and its capability with other municipal or state agencies for the sole purpose of accessing the firm to their procurement opportunities, unless otherwise specified by the firrn in writing. I (We) certify under the penalties of perjury that the information contained in any and all application documents submitted to the City of Miami is correct as per Ordinance No. 10062 as amended. Firm Name: (If signing as a corporate officer, kindly affix corporate seal) (Name, Title & Date) (Name, Title & Date) This application must be signed by at least one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture. NOTARIZATION COUNTY, SS COUNTY OF MIAMI- DADE Date: That: acknowledged the foregoing instrument as his/her act and deed. That he/she has produced personally appeared before me and as identification. NOTARY PUBLIC: My Commission Expires: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY RESPONSE. 10/01 r'99 75 DRAFT — 00— �rluzy L Crt►• of.Wtami. Florida ,,.� Towing Services front f RFQ ,%'o. 98-99-1" 1 6.7 SAMPLE OF AFFIRMATIVE ACTION POLICY for EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION/ EQUAL EMPLOYMENT OPPORTUNITY- POLICY STATEMENT It is the policy of (Company Name) to base its hiring and promotions on merit, qualifications and competency and that its personnel practices will not be influenced by an applicant's or employee's race, color, place of birth, religion, national origin, sex, ape, marital status, veteran and handicapped status. One of the management duties of all principals at (company Name) is to ensure that the following personnel practices are being satisfied: 1. Take every necessary affirmative action to attract and retain qualified employees, regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. 2. Maintain equitable principles in the recruitment, hiring, training, compensation and promotion of employees. 3. Monitor and review personnel practices to guarantee that equal opportunities are being provided to all employees, regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. (Company Name) is committed to take affirmative action and aggressively pursue activities that will serve to enable all employees and applicants opportunities available throughout this organization. Clearly, the above actions cannot be accomplished as a secondary duty for any individual, despite the full support of management. And so, to monitor our efforts, (Company Name) has assigned one of its principals as the Affirmative Action Director to monitor all activities of this program. Employees may contact (Name of assigned principal) at (telephone number) regarding this Affirmative Action Policy. DATE: NAME OF FIRM: (SIGNATURE/TftLE): FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY RESPONSE. t 10/01/99 76 DRAFT S !'-" i. r' 6 Z ('14, of Miami, Florida Towing services (Cont') R! '(? %o. 98.99-1 "l 6.8 STATEMENT OF INTENT TO COMPLY WITH ORDINANCE NO. 10032 Proposer certifies that (s)he has read and understood the provisions of City_ of Miami Ordinance No. 10032, pertaining to the implementation of a "First Source Hiring Agreement". Proposer will complete and submit the following questions as part of the RFQ. Evaluation of Proposer's responsiveness to Ordinance No. )0032 may be a consideration in the award of a contract. Violations of this Ordinance may be considered cause for annulment of a contract between the successful Proposer and the City of Miami. A. Do you expect to create new positions in your company in the event your company was awarded this contract by the City? Yes No B. In the event your answer to Question "A" is yes, how many new positions would you create to perform this work? C. Please list below the title, rate of pay, summary of duties, number of positions, and expected length or duration of all new positions which might be created as a result of this award of contract. VW� aitATE OF PP,Y NUNMER OF r .FNR )SPIIOI�II%TTLE� ' . Hotiriy/Viteekly.. - . DUTIES PCGSITO]VS' :: DLIitArTION 3) 4) 5) 6) 7) A) ----- (Use additional sheets if necessary) COMPANY NAME: SIGNATUR TITLE: DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY RESPONSE, 10/01/99 77 DRAFT V ft v e.lf 7,mirir Sen•tces tcont fro \o 98-99-i "I 6.9. PRIiNIARI' OFFICE LOCATION AFFt.,AVIT Please type or print clear!}. This affidavit must be completed in full, srpned and noterizHONI.l' if your primary office is located within the eorpo!ate limits of the Cit. of Miami, Legal Name of Firm: Entity Tvpe (check one box only) [j Partnership [J Sole Proprietorship [J Corporation Corporation Doc. No: Date Established: Occupational License No: Date of Issuance: _ " On' - FI(iil a�l'Sme�n�t'�'�le`�`"- er:< PRESENT Street Address: City; State: How long at this location: PREVIOUS Street Address: City: State How long at this location: According to Section 18-52.1(h) of the City of Miami Code, as amended: The "City Commission may offer to a responsible and responsive local Proposer, whose primary office is located in the City of Miami, the opportunity of accepting a bid at the low bid amount, if the original bid amount submitted by the local Proposer does not exceed 110 percent of the lowest other responsible and responsive Proposer." The intention of this section is to benefit local bons fide Proposers to promote economic development within the corporate limits of the City of Miami. I (we) certify, under penalty of perjury, that the primary office location of our firm has not been established with the sole purpose of obtaining the advantage granted bona fide local Proposers by this section. Authorize Signature Print Name (Corporate Seat) Title Authorize Signature Print Name Title (Must be signed by the corporate secretary of a Corporation or one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture.) STATE OF FLORIDA. COUNTY OF NILANII-DADE 0 Personally known to me; or Subscribed and Swom before me that this is a true statement this —day of 199_ 0 Produced identification: Notary Public, Sate of Florida My Commission expires (Seal) Printed name of Notary Public Please submit with your Response copies of Occupational License, professional and/or trade License to verify local status. The City of Miami also reserves the right to request a copy of the corporate charter, corporate income tax filing return and any other documents(s) to verify the location of the firm's primary office. FAILURE TO COMPLETE. SIGN, AND RETURN THIS FORM MAY DISQUALIFY RESPONSE. t 10/01 /99 78 DRAFT vJ— 1/ U0 I City of Ahamr, Florida Towing Services (Cont,) RFQ \Xu. 98-99-/-/ 6.10. DEBARMENT AND SUSPENSION CITY OF MIAMI CODE SEC. I8-56.4 (a) Authority and requirement to debar and suspend: After reasonable notice to an actual or prospective contractual part. and after reasonable opportunity to such party to be heard, the City Manager, after consultation with the Director of Purchasing and the City Attorney, shall have the authority to debar a contractual pa v, for the causes listed below from consideration for award of city contracts. The debarment shall be for a period of not fewer than three () years. The City Manager shall also have the authority to suspend a contractor from consideration for award of city contracts if there is probable cause for debarment. Pending the debarment determination, the authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Director of Purchasing after approval by the City Manager, the Cite Attorney, and the City Commission. (b) Causes for debarment or suspension include the followine: 1. Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private contract or subcontract, or incident to the performance of such contract or subcontract; 2. Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty; 3. Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals; 4. Violation of contract provisions, which is regarded by the Director of Purchasing to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a contract or to perform within the time limits provided in a contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension; 5. Debarment or suspension of the contractual party by any federal, state or other governmental entity; 6. False certification pursuant to paragraph (c) below; or 7. Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the contractual party performing city contracts. (c) Certification: All contracts for goods and services, sales, and )cases by the City shall contain a certification that neither the contractual party nor any of its principal ow-ners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b) (5). The undersigned Hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations set forth above, or debarred or suspended as set forth in paragraph (b) (5)• Company name: Signature: Date: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY RESPONSE. IF 10/01 /99 79 DRAFT 00- w! Vo