HomeMy WebLinkAboutR-96-0807�i
J-96-1158
10/30/96
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RESOLUTION NO. '2 6, C7 0 �
A RESOLUTION OF THE MIAMI CITY COMMISSION,
ACCEPTING THE PROPOSALS OF CERTAIN TOWING
AGENCIES FOR THE FURNISHING OF CITYWIDE
TOWING AND WRECKER SERVICES; AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT(S), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
EACH AGENCY TO PROVIDE SAID SERVICES IN
SPECIFIC DESIGNATED ZONES, FOR AN INITIAL
PERIOD OF' THREE (3) YEARS, WITH THE OPTION TO
RENEW FOR TWO ADDITIONAL ONE (1) YEAR
PERIODS.
WHEREAS, towing and wrecker services are required in the
City of Miami in cases of accidents, traffic hazards, scofflaws,
and stolen vehicles; and
WHEREAS, said services will be utilized by various
departments, including the Departments of Police, Fire -Rescue,
and General Services Administration; and
WHEREAS, eleven (11) proposals were received September 19,
1996, pursuant to RFQ 95-96-161R ("RFP"), for the furnishing of
towing/wrecker services and towing of City of Miami -owned
vehicles for the Departments of Police and Fire -Rescue; and
WHEREAS, a certification committee composed of personnel
from the Miami Police Wrecker Detail Unit and from the Department
of Off -Street Parking reviewed the proposals submitted and eleven
(11) were found to be qualified to provide towing and wrecker
services Citywide; and
CITY COYMISSION
N� CETINTG
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WHEREAS, the City Manager found the following towing
agencies to be eligible to provide towing and wrecker services:
Banos Towing Services Corp.
Blanco Towing, Inc., d/b/a Freeway Towing
Diaz Towing
Nuway Towing Service, Inc
Grundon's Transport, dba Nolan's
Downtown Towing
King's Wrecker Service
Midtown Towing -
Molino Towing
Ted and Stan's Towing Service ,
Southwest Transport, Inc. dba Southland Towing
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The proposals of the following towing
agencies for the furnishing of Citywide towing and wrecker
services, in the zones as designated herein, are hereby accepted:
Zone Approved Agency
1 Midtown Towing of Miami
2 Nuway Towing Service, Inc
3 Grundon's Transport, dba Nolan's
4 Downtown Towing Co.
5 King's Wrecker Service, Inc.
6 Ted & Stan's Towing Service, Inc.
7 Banos Towing Services Corp
8 Blanco Towing, Inc., dba Southland Towing
9 Southwest Transport, Inc. dba Southland Towing
Backup - No Primary Zone
Diaz Towing Service, Inc. and Molina Towing, Inc.
Section 3. The City Manager is hereby authorized'I to
execute an agreement, in a form acceptable to the City Attorney,
with each of the Agencies, frcmthe zones as designated in Section
2 hereinabove, for an initial period of three (3) years, with the
option to renew for two additional one (1) year periods.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.-
PASSED AND ADOPTED this 30th day of October 1996.
ATTEST:
WALTER J. FOEMAN
CITY CLERK )
APPROVED A� TOI F,
1/
ai
LARELLO
ORRECTNESS:t
The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
EXHIBIT
1
TOWING SERVICE ZONES
CITY OF MIAMI, FLORIDA
N. PROSPECT DR.
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CITY OF MIAM1
MEETING DATE: October 30,1996
PAGE
Note for the Record: The Mayor requested of Tom Connally, from
Korn Ferry, Inc. to bring before the Commission in the afternoon,
the five finalists, namely, Richard Lewis, Edward Marquez, Ron
,
Rabun, Michael Roberto and Michael Rogers to each make a 45-
minute presentation and allow each Commissioner to ask
questions; if additional questions arise, the candidates can meet
privately with each Commissioner, or be contacted in their
respective cities.
AG 4 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
R 96-805
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
MOVED: PLUIV
AGREEMENT WITH ' KPMG PEAT MARWICK, IN
SECONDED: DUNN
SUBSTANTIALLY THE ATTACHED FORM, FOR THE
ABSENT: PLUA
PROVISION OF EXTERNAL AUDITING SERVICES FOR THE
Note: although absent
during roll call,
CITY OF MIAMI FOR THE FISCAL YEARS 1996, 19971 AND
Commissioner Plumm
1998, THE TERMS AND CONDITIONS OF WHICH ARE SET
requested of the Clerk
FORTH IN THE ATTACHED AGREEMENT; ALLOCATING
show him in agreemer
FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED
the motion.
$350,000 FOR THE FIRST YEAR FROM ACCOUNT NOS,
001000,260201.6330,28013 IN THE AMOUNT OF $270,000,
799302.452223.6330.280591N THE AMOUNT OF $75,000, AND
420003350110.630.280521N THE AMOUNT OF $4,500.
AG 2 A MOTION AWARDING THE CONTRACT FOR TOWING
M 96-806
SERVICES TO THE FOLLOWING COMPANIES:
MOVED: PLUMry
• BANOS TOWING SERVICE CORPORATION FOR ZONE 7;
SECONDED: DUNN
• BLANCO TOWING, INC. FOR ZONE 8; AND
ABSENT: CAROL
• SOUTHWEST TRANSPORT, INC. FOR ZONE 9.
(Note: although absent
(Note: the essence of the motion above is contained within R 96-
during roil call, Mayor
808.)
Caroilo requested of the
Clerk to show him in
agreement with the moti
AG 2 A RESOLUTION ACCEPTING THE PROPOSALS OF CERTAIN
R 96-807
TOWING AGENCIES FOR THE FURNISHING OF TOWING
MOVED: PLUMMI
SERVICES FOR CITY -OWNED VEHICLES; AUTHORIZING THE
SECONDED: DUNN
CITY MANAGER TO EXECUTE AN AGREEMENT(S), IN A
UNANIMOUS
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH EACH
AGENCY TO PROVIDE SAID SERVICES FOR AN INITIAL
PERIOD OF THREE (3) YEARS, WITH THE OPTION TO
RENEW FOR TWO ADDITIONAL ONE (1) YEAR PERIODS;
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $45,000, FROM ACCOUNT NO. 291301-340;
DIRECTING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS
FOR SAID SERVICES.
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..........«....
4. ' (A)
...... .. .. ................................. ............. .. .........
DISCUSS/AUTHORIZE PROPOSED AWARD OF CONTRACTS FOR
TOWING SERVICES IN CITY--- SELECT COMPANIES AND THEIR
DESIGNATED ZONES.
(B)
APPROVE 'RESOLUTION FOR CITYWIDE TOWING/WRECKER
SERVICES IN ZONES 7, 8, 9 RESPECTIVELY: BANOS TOWING;
BLANCO TOWING; SOUTHWEST TRANSPORT.
(C)
APPROVE RESOLUTION ACCEPTING PROPOSALS FOR
PROVIDING TOWING/WRECKER SERVICES FOR CITY -OWNED
VEHICLES -- FOR THREE YEARS -- ALLOCATE FUNDS ($45,000,
ACCOUNT 291301-340).
(D)
APPROVE RESOLUTION ACCEPTING PROPOSALS TO FURNISH
CITYWIDE TOWING/WRECKER SERVICES -- FOR INITIAL THREE
YEARS WITH OPTION TO RENEW FOR TWO ADDITIONAL ONE
YEAR PERIODS IN ZONE 1 = MIDTOWN, ZONE 3 = NOLAN, ZONE
4 = DOWNTOWN, ZONE 5 = KING, ZONE 6 = TED.
(E)
APPROVE RECOMMENDATION THAT SPECIAL, EVENTS
REQUIRING TOWING/WRECKER SERVICES BE ASSIGNED TO
BACKUP TOWING AGENCIES.
(F)
COMMISSIONER PLUMMER DISCUSSES WRECKERS WHICH
STEAL CARS -- SPEED LIMIT ON US1 -- POSITION OF TRAFFIC
SIGNS AT RAMSON/EVERGLADES SCHOOL.
(G)
DISCUSS INADEQUATE PARKING DURING FESTIVALS --
MAYOR CAROLLO DIRECTS ADMINISTRATION TO MEET WITH
ALBIO CASTILLO TO DETERMINE DAMAGES - IF ANY - DONE
TO HIS PROPERTY BECAUSE OF INADEQUATE PARKING
----------------------------------------------------------------------------------------------------------------
DURING FESTIVALS.
Mayor Carollo: OK. We're back to item number 2 of the agenda.
Ms. Judy Carter (Chief Procurement Officer): Yes, sir, the towing item.
Mayor Carollo: If you could give us a brief breakdown again while I grab the Manager before
he goes on a brief matter.
NOTE FOR THE RECORD: Mayor Carollo exits the Commission
c h am Eer at 1 :1 4 a.m.
Ms. Carter: Yeah. We're here again for the Commission's consideration of the award of
contracts for ten zones here in the City of Miami. We have two items relating to towing. One,
to provide those services within the City of Miami, and another item, we would ask the
Commission to award contracts to towing vendors to provide towing for City -owned vehicles.
The City Commission is being asked to make the selection of towers to provide such services in
each of the zones. In the issuance of the RFQ (Request for Qualifications), we asked that each of
the towers provide the City with their preferred zone. What you have before you is the list of
those zones and the towers who have indicated their preference for those zones. To recap, zone
1, two firms issued a preference: Midtown Towing and Nuway. A selection must be made as to
21 October 30,1996
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what towers will provide such services in zone 1. Zone 2, no tower indicated a preference for
that zone. .Zone 3, we had three firms: Nolan, King's Wrecker, and Downtown Towing. Zone
i 4, we had Diaz Towing or Downtown Towing. Zone 5, King's Wrecker or Molina Towing.
Zone
.. 6,` Diaz or Ted and'Stan�'s. r Zone 7, only one firm indicated that preference, and that's
i Banos. Zone+ 8, Blanco. Zone 9, Southwest Transport, doing business as Southland 'Towing.
And, of course, your backup zone is Zone 10. So for Zones 7, 8 and 9, there is only one firm that
is presented to you, because that is the only firm that indicated the preference. So the most
important decisions must be made as it relates to Zone 1; Zone 2, because there is no one
indicated; Zone 3; Zone 4; Zone 5, and Zone 6. And of course, if the Commissioners are
comfortable with their preference, and the fact that there's no other firm indicating, other than 1,
7, 8 and 9 are basically identified already. Questions.
Vice Mayor Gort: Thank you, ma'am. Are there any questions from any of the Commissioners?
Commissioner Plummer: I don't have any questions. I assume we're here to make a selection.
let's do it.
Ms. Carter: Yes, sir.
Commissioner Plummer: As far as I'm concerned, there's no question in reference to 7, 8 and 9.
{
Ms. Carter: That is taste, sir.
Commissioner Plummer:` There's only one firm each; is that correct?
Ms. Carter: Exactly.
Commissioner Plummer: So I don't see a problem there. The other ones, we're going to have to
make a selection of one or the other, and we're going to have to possibly do the backups. And I
just thought that maybe the backups ought to be the ones that are not chosen for a special zone.
Ms. Carter: Absolutely.
Commissioner Plummer: That's...
Ms. Carter: Absolutely. That's appropriate. E
Vice Mayor Gort: Let me ask...
Commissioner Regalado: When we say...
Vice Mayor Gort: Excuse me. }
Commissioner Regalado: Oh, go ahead.
Vice Mayor Gort: Yes, go ahead.
Commissioner Regalado: No, when we say "backups," we're talking of all the City, or one... one
area?
Officer Arthur Moe: Yeah, throughout the City.
Commissioner Plummer: Citywide.
22 October 30, 1996
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Officer Moe: Citywide. ,
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Commissioner Regalado: Citywide.
Vice Mayor Gort: Commissioner..
Commissioner Dunn: I wanted to know what procedure we would take in
Commissioner Plummer: Well, they...
Vice Mayor Gort: 'There is a report given here by the police that gives you information on most
of the... I'd like to add two suggestions. And if the first one is not accepted, I'd like to mention
a second suggestion. I think when we look at the reports in here, it's very difficult to select
which... one from the other ones. I think we have to look at the... If we... I have to look and see
who we take away because of violations, and noncompliance with zoning and so on, or... And I
understand... I was told by a police officer that it was very difficult to do so. From my
understanding, the County has rotation, and this gives a chance to everybody to get a bit of the
business. Now, they tell me it's very difficult. But my understanding is the County uses the
rotation process, and that gives a chance to every one of those firms that's within the City of
Miami, where they could constantly be changing every month. It doesn't have to be every week,
or every other day, likc,the County does, where you can change it every month. I understand it's
a little bit more work. Ypu have to give the dispatcher the new list every month, and that could
probably be more work. But I mean, let's... I want to be fair to everybody, l use they're all
here, and I think they're all within the City of Miami, and I think they all agree, they all want to
do business, and they're willing to share the business, from my understanding, from what I've
heard.
Commissioner Regalado: The problem that we see is that we have a problem with
accountability. We could check specifically the work that every company does in one area, if we
were to award one company one area. And, I mean, we can get.,. We can get complaints, and
we can process the complaints directly to the police.
Commissioner Plummer: Well, let me give you a little background. I've been here before, and
I've been through this process before. And I think Officer Moe will be glad to tell you that
wrecker companies have many complaints. Nobody likes their car being towed. OK? I mean,
there are no happy campers when cars are towed.
Commissioner Regalado: Absolutely.
Commissioner Plummer: They're upset, they're beside themselves, they find everything wrong,
and they make complaints. Now, that doesn't say that there aren't some complaints that are
legitimate. And there are, and I'm sure that there are. But the process is going through... as to
try and determine which of those are legitimate and not legitimate. We do have a process, I
think, as I recall, and that process is that when they receive so many complaints, that it kicks in
something that you look at, or something of that nature. I think there's another thing to be
remembered, that the Police Department has a criteria of 30 minute response time, as I recall;
that if they don't, then they call another wrecker, and that's important. So, you know, these are
all of the things that really, in fact, are for consideration. Rotation, as they said at the last
meeting here, was almost a nightmare for the dispatchers, trying to remember in ten... nine
different zones, who's today and who's tomorrow, and take it from there. That was a comment
made at the last meeting. So, you know...
Vice Mayor Gort: I understand that the rotation doesn't have to be daily. It could be monthly,
and all you have to do is hand a sheet, just like this, printed out, of who's in turn this month.
23 October 30, 1996
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{ Commissioner Plummer: Excuse me. I didn't make the statement. }
Vice Mayor Gort: I think that's what the County...
Commissioner Plummer: Somebody else made the statement.
Vice Mayor Gort: The County is... From my understanding, in the County, that's the way the
County works it.
Officer Moe: The only problem you also have with rotation is, again, the City of Miami isn't as
big as the County, and then you're cutting the calls down even further, and you're requiring
these companies to have a huge investment, the trucks, the land. And again, if they don't tow a
sufficient number of vehicles, then, you know, again, that's... in the City of Miami, that's why I
don't definitely feel rotation would work. Because what was stated last time, the confusion and
everything... and again, you're asking them to have this large investment.
Vice Mayor Gort: Well, what happens to the company that has the larger investment if they
don't get any business at all?
Officer Moe: Again,'the City is... Unfortunately, the City is only big enough for so many
companies, you know.'And again, we require them to have specific amounts of equipment, land,
and, you know, rotate.
Vice Mayor Gort: Well, they have to have it, any way. And if they lose, they have the
equipment, they have the land...
Officer Moe: That's correct.
Vice Mayor Gort: ... and they don't get any business at all. I don't know, it's just a thought.
What's the decision of the majority?
I
i Commissioner Plummer: Hey, you know, as I see it, it's really a simple thing. We got nine
i zones and we got 11 companies. Now, if we put one in each zone, that's two left over. And my
opinion is that the two companies that don't get the majority vote become the backup. Now,
that's the way I see it. If anybody else has got a better idea, I'm willing to listen.
Commissioner Regalado: How big of a business is the backup?
Officer Moe: Backup hasn't really towed that much for the other companies, which they
couldn't handle. We've used them mainly for special events at the Orange Bowl and some road
blocks, but they have not towed in any... you know, nowhere near what the other companies
have. It's been very little, the backup. They have towed, again, but it's been very little.
Commissioner Plummer: Let me ask... I'm sorry.
Commissioner Regalado: No. In the Bayside area, I've seen a lot of cars being towed. Is that
because of a special event, or is that a regular, ongoing...
Vice Mayor Gort: Downtown is the big market.
Officer Moe: Yes, that's...
Vice Mayor Gort: Downtown and Coconut Grove are the two biggest markets.
24 October 30, 1996
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Commissioner Regalado: So we're talking the regular and the backup, or the regular will be able
to do that work?
Officer Moe: Correct. , Regular handles Bayside in that zone, and the special events, again,
:-) :'we're talking mainly Orange Bowl events and road blocks.
Commissioner Plummer: Who does the towing for Off -Street Parking?
Unidentified Speaker: Molina Towing.
Commissioner Plummer: Molina?
Unidentified Speaker: Yes.
Commissioner Plummer: The only other question that I had was have you... Would you
consider, Officer Moe, that these nine zones are somewhat balanced as to the number of calls?
Officer Moe: Yes. I did do a research, and again, they... they are somewhat balanced.
Commissioner Plummer: OK.
K
Officer Moe: You're definitely going to have, you know, again, some towing a little more than
others. That's...
Commissioner Plummer: Sure, OK, but somewhat balanced.
Officer Moe: Yes.
Ms. Carter: We also have members of the Certification Committee here, if you have any
questions.
Commissioner Plummer: Just for the record...
Vice Mayor Gort: OK, what's the choice?
Commissioner Dunn: Yes, is there anyone...
Commissioner Plummer: Just for the record, all of those firms presented to us here today have
been determined as qualified.
Ms. Carter: Absolutely.
Commissioner Plummer: OK.
Ms. Carter: They have met the minimum qualifications. And I might add, Commissioners,
pursuant to Commissioner Plummer's concern about having at future meetings information
regarding dollar volume of purchases that have been made by vendors that are being submitted
to you, I have such information for a five-year period, if you would like to know that.
Vice Mayor Gort: Well, I think that if we decide to make the decision, all that is important. I
know I've had a lot of complaints, one located on 27th Avenue and Northwest 28th, 29th Streets,
the complaints on Code Enforcement that have been cited. They have had a lot of problems. I
have requested from staff to bring that... because if we're going to have to select, we're going to
25
October 30, 1996
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have to eliminate. And I think we need to eliminate those that are not in compliance with all the
ordinances.
Ms. Christina Cuervo (Assistant City Manager): Commissioner, I think that we can address that
concern. And I believe that, apparently, a certificate of compliance was issued yesterday for that
Code Enforcement violation.' That's what staff is telling me. So it has been corrected as of
yesterday.
Vice Mayor Gort: Great. So everybody is in compliance with the Code and so...
Commissioner Plummer: Absolutely.
1
`( Vice Mayor Gort: OK. What's the choice?
( Commissioner Plummer: Mr. Vice Mayor, at this point, I'll take the noncontroversials first, and
move that we approve 7, 8 and 9, since there was only one applied. Let's...
Vice Mayor Gort: There's a motion to approve 7, 8 and 9.
Commissioner Dunn: I second.
j Vice Mayor Gort: Second. Discussion?
Commissioner Regalado: No.
i
Vice Mayor Gort: Being none, all in favor, state so by saying "aye."
The Commission (Collectively): Aye.
Vice Mayor Gort: Unanimous.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.96-806
A MOTION AWARDING THE CONTRACT FOR TOWING SERVICES TO THE
FOLLOWING COMPANIESS: BANOS TOWING SERVICE CORPORATION FOR
ZONE 7; BLANCO TOWING, INC. FOR ZONE 8; AND SOUTHWEST
TRANSPORT, INC. FOR ZONE 9.
(Note: The essence of the motion above is contained within R96-808.)
Upon being seconded by Commissioner Dunn, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
NAYS:
ABSENT:
Commissioner Richard P. Dunn, II
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
Mayor Joe Carollo
26
October 30,1996
' ' Y
NOTE FOR THE RECORD: Although absent during roil call,
Mayor Carollo requested o he Clerk to be shown In agreement
with the motion.
Commissioner Plummer: I would then... Does anybody else want to speak? I mean, am I the
only one here? Hello? I would move in the area of I and 2 that...
Commissioner Regalado: Do we need to wait for the Mayor to complete...
Commissioner Plummer: Oh, if you wish, that's fine with me. That's fine. I just thought that
you all wanted to move on it.
Commissioner Regalado: I think he just said he would step out for a minute and...
Commissioner Plummer: OK. We'll wait.
Vice Mayor Gort: Why don't we take a five-minute break?
R
Commissioner Plummer: No. Why don't we take item 3, because I don't think it's
controversial. It's just art~expansion.
Ms. Carter: Well, could we take the second companion item of this towing? Because that is...
You're not making any selections per zone. If you can recall, I indicated that in addition to the
providing of services for or within the corporate limits of the City of Miami, we also have for
you the selection of firms to provide towing of City -owned vehicles.
Commissioner Plummer: Do I have that?
Ms. Carter: You should have that in your package as a second reso memo, signed by Merrett
Stierheim. It's...
Commissioner Plummer: Why did you say that's noncontroversial?
Ms. Carter: Well, because we asked... it is "non," because we asked the towers, once again,
"Tell us whether or not you have an interest in providing that service," because the rates are
established. This was not a competitive price proposition, if you will. The rates were
established, and if we use them, we will pay them what we have indicated in the RFQ.
NOTE FOR THE RECORD: Mayor Carollo enters the
Commission chamber at 10:27 a.m.
Commissioner Plummer: So what are we doing?
Ms. Carter: Eight of those firms agreed and wanted to provide the service, and I would like to
read those names, and then seek a motion from you to approve those eight firms to provide that
service. Three of them had no interest in that.
Vice Mayor Gort: OK. What you're telling us is these eight firms...
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October 30, 1996
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Ms. Carter: Yes, sir. .
Vice Mayor Gort: ...were committing to work with the City to taw City cars, at a specific rate,
which is a lot lower than the standard,
Ms. Carter: Absolutely. We...
Vice Mayor Gort: OK. That would be good.
Ms. Carter: And I'd like to read those firms out to you, and they are here to attest to that. Banos
Towing, Blanco Towing doing business as Free Way Towing, Diaz Towing, Downtown Towing,
King's Wrecker Service, Midtown Towing, Molina Towing, Ted and Stan's Towing Service.
Those are the eight who indicated in the RFQ response that they wished to provide their services
for the rates established in the RFQ.
Vice Mayor Gort: Who are the three that did not?
Ms. Carter: The three that did not would be Nolan, Nuway and Southwest Transport doing
business as Southland Towing.
Mayor Carollo: OK. S'o that's Nuway, Nolan...
11
Ms. Carter: And Southwest doing business as Southland. They did not have an interest in
providing this service at all.
Mayor Carollo: OK. Southwest doing business as Southland Towing.
Ms. Carter: Yes, sir.
Commissioner Plummer: Joe, they clued you in. This is for towing City vehicles.
Mayor Carollo: Right, I understand.
Commissioner Plummer: OK.
Mayor Carollo: I understand.
Commissioner Plummer: If that's the recommendation of the department, I so move.
Ms. Carter: And all of them meet the qualifications to provide that service, so we would ask tha
you approve it for the eight.
Commissioner Plummer: I move it.
Commissioner Dunn: Second.
Mayor Carollo: 'There's a motion, there's a second. Any further discussion? All in favor
signify by saying "aye."
The Commission (Collectively): Aye.
28 October 30, 1996
~ I.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-807
A RESOLUTION ACCEPTING THE PROPOSALS OF CERTAIN TOWING
AGENCIES FOR THE FURNISHING OF CITYWIDE TOWING AND WRECKER
SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
EACH AGENCY TO PROVIDE SAID SERVICES IN SPECIFIC DESIGNATED
ZONES, FOR AN INITIAL PERIOD OF THREE (3) YEARS, WITH THE OPTION TO
RENEW FOR TWO ADDITIONAL ONE (1) YEAR PERIODS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dunn, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Richard P. Dunn, II
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: Mr. Clerk, can you show me voting on 7, 8 and 9, in the affirmative, please?
Mr. Walter Foeman (City Clerk): Yes, Mr. Mayor.
Mayor Carollo: Thank you. OK. Now we're...
Ms. Carter: Now we're back to Zones 1 through 6.
Mayor Carollo: One through 6. What is the will of the Commission on how you would like to
proceed in selecting these?
Commissioner Regalado: I would rather vote zone by zone, Mr. Mayor.
Mayor Carollo: OK. Let's go zone by zone, then.
Commissioner Plummer: Well, that's fine, Mr. Mayor, except in 1 and 2, what I was going to do
was take one... there's two names, one in 1 and one in 2 so you...
Mayor Carollo: OK. Well, let's go in Zone 1. If you want... How would the Commission like
to do this? We'll start with Zone 1.
Commissioner Plummer: Fine.
Mayor Carollo: We will choose one for Zone 1, and whichever one we haven't chosen for Zone
1, we could either... choose for Zone 2, if you'd like or...
29 October 30, 1996
Cornmissiorieec Plumtneci That's fine.
Commissioner Dunn: Let's do that.
Mayor Carollo:l'Would the C m, m, ,ission like to do it in the way of a motion, or would each of us
just like to write which'6f the #wo companies we prefer for Zone 1?
Commissioner Dunn: Mr. Mayor.
Mayor Carollo: Yes, Commissioner.
Commissioner Dunn: I would like for each of us to write which...
Mayor Carollo: That's fine. Let's go and do it, then. This is for Zone 1, and we're choosing
between Midtown Towing and Nuway Towing.
Commissioner Plummer: Is that with the understanding that the one that doesn't get the three
votes goes to 2?
Commissioner Dunn: 'What's correct.
Mayor Carollo: That's, correct. The one that doesn't get the three votes goes to Zane 2. This
will be ballot number one, and the only one that we should have.
Commissioner Plummer: I agree. While we're waiting for the tally, Mr. Mayor, is it possible...
I think we're going to be finished here in about another 15 or 20 minutes. You're laughing.
Mayor Carollo: Hopefully so.
Commissioner Plummer: Then we could interview those candidates prior to lunch? It would
sure help me out if we could.
Mayor Carollo: Commissioner, unfortunately, I don't believe there are any here. They were all
told to begin coming at three -thirty.
Commissioner Plummer: Three -thirty?
Mayor Carollo: Yeah, because we have the Coconut Grove Parking Ordinance at two, and that's
going to take at least an hour, an hour and a half.
Commissioner Plummer: OIL.
Ms. Cuervo: Mr. Mayor, also...
Mayor Carollo: Maybe more. Hopefully not. Yes.
Commissioner Plummer: Maybe less.
Ms. Cuervo: Can I also add that for this item... and I know we mentioned this at Thursday's
meeting, but we need to read it into the record that the RFQ initially had the towing fee from
the... for the company at sixty-five dollars ($65), and the City fee at fifteen, and we've changed
that to the towing company fee to be sixty dollars ($60) and the City fee to be twenty. We need
to add that into the record.
30
October 30, 1996
Mayor Carollo: OK.
Ms. Cuervo: And that's for this item.
Mayor Carollo: That's fine. All right. Mr. Clerk, can you read the results of the ballot?
Mr. Foeman: Yes, Mr. Mayor. There were four votes for Midway Towing and one for Nuway.
Mayor Carollo: Midway?
Commissioner Dunn: Midtown.
Mr. Foeman: Midtown.
Mayor Carollo: So we got a third one in there?
Mr. Foeman: Midtown.
Mayor Carollo: OK.
Commissioner Plummet: So Midway is in 1?
Ms. Carter: Midtown.
Commissioner Plummer: Midtown is in 1 and Nuway would be in 2.
Mayor Carollo: OK. Midtown in 1, Nuway 2. Let's go to 3. I would suggest that we use the
same procedure on number 3.
Commissioner Plummer: Well, the problem there is you have three firms.
Mayor Carollo: That's correct. Here, we have three firms for...
Ms. Carter: For Zone 3.
Mayor Carollo: For Zone 3.
Commissioner Plummer: It's only five votes. What's taking so long?
Mayor Carollo: The minute you're ready, Mr. Clerk, read the results. If we do not have three
votes for any one of the firms, I would suggest that we then choose between the two top vote -
getters, if that's OIL with the Commission.
Commissioner Plummer: Fine. You got to use some process.
Mr. Foeman: OK.
Mayor Carollo: Yeah.
Mr. Foeman: OK. Mr. Mayor, we have three votes for Nolan and two votes for King.
Mayor Carollo: OK.
31 October 30, 1996
�i
Commissioner Plummer: So it's Nolan.
Mayor Carollo: It's Nolan.
Commissioner Plummer: OK.
Mayor Carollo: We now go to Zone 4.
Commissioner Plummer: Four.
Mayor Carollo: It's Diaz Towing and Downtown Towing.
Commissioner Plummer: Let me... Before we finalize this, let me make sure. Are we still of the ;
thought that we were before, there would be two firms that don't make a zone, that they will be
the backup zone? Is that... of the Commission.
Mayor Carollo: I would be in agreement. I would be in...
Commissioner Regalado: Absolutely.
Mayor Carollo: Is it three firms?
Ms. Carter: No. It wouldbe two.
Vice Mayor Gort: No, two.
Commissioner Plummer: It will be two.
Mayor Carollo: Two firms. Yeah. I would...
i Commissioner Plummer: There's nine zones and 11 firms. I don't know where we come up
with three. OK.
Mayor Carollo: It's the hours he's putting in.
Commissioner Plummer: Yeah.
Mayor Carollo: It gets to you.
Commissioner Plummer: Yeah.
i
Mayor Carollo: Are you ready? Go ahead.
Mr. Foeman: Yes, sir. We have four votes for Downtown and one for Diaz.
Mayor Carollo: OK. Let's go to 5. It's between King's Wrecker and Molina Towing.
Commissioner Plummer: Where is that article I gave you?
Mr. Foeman: Mr. Mayor, we have three votes for King's Wrecker Services, and two for Molina.
Mayor Carollo: All right. King's. Let's go to Zone 6, which will be the last one.
Commissioner Plummer: Zone 10 is automatic.
P
11-
' Mayor Carollo -Yeah. '
Commissioner Plummer: You want to make some more copies in case they want them? Mr.
Mayor, while they're waiting to collect that, our next item is on TCI. I have not read this article.
'Someone sent me an article about TCI, and I've asked the...
Mayor Carollo: I read it.
Commissioner Plummer: Have you... I haven't had a chance to read it.
Mayor Carollo: Yeah, read it.
Commissioner Plummer: So I was asking that copies be made so we'll have them. Oh, I'm
sorry.
Mayor Carollo: Mr. Clerk, you're keeping each group separately, correct?
Mr. Foeman: Yes, I am.
Mayor Carollo: OK. $o that... It's public record. Anybody can see it afterwards.
Commissioner Plummer: Plus the fact it's on... I assume we're all using the same thing, which
has our names on them.
Mayor Carollo: That's correct, yeah.
Commissioner Plummer: Oh, thank you.
Mr. Foeman: We have two votes for Diaz Towing and three for Ted and Stan's Towing.
Mayor Carollo: Ted and Stan.
Commissioner Plummer: That would put...
Ms. Carter: That would put Molina and Diaz...
Mayor Carollo: And Diaz...
Ms. Carter: ... in your backup zone.
Mayor Carollo: In the backup zones.
Commissioner Plummer: Mr. Mayor, I move at this time that those votes that were cast be
accepted, and that the contracts be awarded as outlined in the previous resolution. I so move.
Vice Mayor Gort: Second.
Mayor Carollo: OK. There's a motion by Commissioner Plummer, second by Vice Mayor Gort.
All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
33 1. Octo)ber 30, 1996
Ii
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-808
A RESOLUTION .ACCEPTING THE PROPOSALS OF CERTAIN TOWING
AGENCIES FOR THE FURNISHING OF CITYWIDE TOWING AND WRECKER
SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
EACH AGENCY TO PROVIDE SAID SERVICES IN SPECIFIC DESIGNATED
ZONES, FOR AN INITIAL. PERIOD OF THREE (3) YEARS, WITH THE OPTION TO
RENEW FOR TWO ADDITIONAL ONE (1) YEAR PERIODS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
K Commissioner Richard P. Dunn, II
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Ms. Lauraine Lichtman: I want to thank everybody but... My name is Lauraine Lichtman. I'm
with Midtown Towing, 551 Northwest 72nd Street. I would just like to make it fair for the two
companies that did get put... picked for backup, that any of the companies that did get picked, if
they cannot handle the calls to not transfer them to another towing company. Make sure they
give them back to the police station. And let them get the Orange Bowl and the overflow work,
so they can make some money, too.
Mayor Carollo: I think we should make that in the form of a separate resolution. I think it's a
very fair suggestion that was made.
Vice Mayor Gort: Mr. Mayor.
Mayor Carollo: Yes.
Vice Mayor Gort: I would also like to advise that we have a procedure where we can follow the
performance of each of those companies. Because let me tell you, I've been a victim of being
towed twice, and it's the worst thing in my life, the way I was treated, and the way it was
handled, and the way it was done. And I understand everybody is upset about it and all that, but
I think somehow, we've got to make sure that the services provided are with a certain courtesy,
and at the same time, with certain time limits, and that those that are not complying should be
removed if they don't comply with the contract.
Mayor Carollo: I agree, Commissioner.
Vice Mayor Gort: Because in the past, we've had companies that have not only violated the
contract, but the City Code.
34 October 30, 1996
4-Y U C)
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think somehow, we've got to make sure that the services provided
are with a certain courtesy, and at the same time, with certain
time limits, and that those that are not complying should be
removed if they don't comply with the contract.
Mayor Carollo: I agree, Commissioner.
Vice Mayor Gort: Because in the past, we've had companies that
have not only violated the contract, but the City Code.
Mayor Carollo: I fully agree with your statement, Commissioner.
There is a motion.
Commissioner Dunn: I second it... no, there was no motion.
Mayor Carollo: You made the motion.
Commissioner Dunn: So move. So move.
Commissioner Plummer: As I... So move it. I mean, what it is,
is that all special events required for wrecker service will be
given to the two backups. Is that what I'm understanding you
want to do?
Mayor Carollo: That's correct.
Commissioner Plummer: Sure.
Mayor Carollo: And that they will not be transferred from one
company to another; that they will be given to the two companies
that we have chosen as the backups.
Commissioner Plummer: Yeah.
Ms. Carter: Absolutely.
Mayor Carollo: That's what they're there for.
Ms. Carter: Which she's saying that may not have been taking
place in the past.
Mayor Carollo: OK. So there's a motion and there's a second.
All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
EK-Tape 1 43
Oc 0o 87r 30, 1996
The following resolution was introduced by Vice Mayor Gort, who
moved its adoption:
RESOLUTION NO. 96-809
A RESOLUTION (PENDING)
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Dunn, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Richard P. Dunn, II
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
NOTE FOR THE RECORD:
Mayor Carollo: Mr. Goenaga.
Commissioner Plummer: Wait a minute, Mr. Mayor, if I may?
Mayor Carollo: Sure. Hold on.
Commissioner Plummer: I spoke at this table, Officer Moe, about
six months ago. I'm more concerned today than I was at that
time, and I don't think, really, anything has been done about it,
and that is these rebel wreckers, rebels without a cause. And
people in my neighborhood are convinced that some of these pickup
trucks with a hook in the back of it are the ones that are
stealing cars in my neighborhood, that... You know, for whatever
it's worth, I don't know that that's the truth, but here, we
absolutely have rigid control over these which work under our
auspices, but we don't, really, to my knowledge, have any control
of these guys getting out on Dixie Highway... And I realize
we're in a free and independent system. I fully appreciate that.
But it would seem like to me... For the tourist that's out there
on Dixie Highway or off on a street where these people come along
and say, "Hey, I'll tow you," and then they do whatever they want
to do. I think that what we need to be able to do is somewhat
control the people who I consider to be rebel wreckers, people
EK-Tape 1 44 QgttQj�er 30, 1996
who have no basis, people... Some of these pickup trucks don't
i even have a name on the side of them. Don't even have a name on
these things. And, you know, if we did no more than made it
mandatory that a wrecker had to have the name, the address and
the phone number on the side of it. OK?
Officer Moe: It is a County ordinance. And again, we're
cracking down on it. We just... just had a sting last month,
which you'll see, OK, on... with Channel 4. And again, we're
4 cracking down on these companies that are taking advantage of
solicitation and so forth.
I
Commissioner Plummer: Well, I think you've got to do it, because
I just think that they're just... They're multiplying like
rabbits.
Officer Moe: Yeah.
Commissioner Plummer: Everywhere you turn, I see a new name. I
saw some of... You know, and they're very spectacular names, by
the way. But there just seems to be no control. And one of my
i neighbors is convinced that... He walked out to get the
newspaper, went back in, and when he came back out, within a
matter of minutes, they had hooked up his car to a wrecker,
quietly, and gone.
Chief Donald Warshaw (Chief of Police): And Commissioner, if I
cold just add something to that. I met some months back with
members of the vendors who tow for us. And as Officer Moe told
you, we've done some stings, but beyond that, the officers tell
individuals who are about to have their cars taken who the towing
company is, that it was ordered by the City. The problem is,
sometimes, these rebel wreckers come by and they say to the
people, "Tell them you called for me." And, you know, because
everybody is upset and in a hurry, and raring to go, and before
you know it, they hook it up and the car goes. So a lot of it is
educating the public and being patient, and waiting for the two
company to come that we have requested through official means.
But you're right, that's been a real problem. Sometimes, they're
so close, because of their monitoring system, that they get there
before we get there, and they're ready to go. So this, again, is
an education process. We work with the media to try to let the
public know, and I know there have been a lot of articles
written, and TV exposes about it.
Commissioner. Plummer: Don, while you're there, in the same vein,
let me say to you, I think the thing that you encouraged that I
worked with you on, of moving accident vehicles off of main
arterials seems to be working. And I think that we need to go,
you know, and continue to say to people, like on Dixie Highway or
others, if you can move your vehicle off the road, do it. It's
not a hit-and-run. Just move it off the road. Because it
doesn't take... The other day, I was going to the office, and
they're putting that planting on the Dixie Highway. They had one
whole lane of the inners, and there was a bus on the other lane.
EK-Tape 1 45 October 30, 1996
r
Chief Warshaw: Right. I got stuck in it, myself.
Commissioner Plummer: You had one lane open for a madhouse in
the morning.
Chief Warshaw: Chief Martinez told me we stopped that because
they didn't have a permit.
Commissioner Plummer: Well, they didn't need to work between
seven and nine in the morning, OK?
Chief Warshaw: We are going to try to get more signs and
continue to provide information to the public about moving the
vehicles off the road, and it's a process of time. People have
become so accustomed to, "Don't move your vehicle and leave it
there," but we're working on it.
Commissioner Plummer: I have two other things, Mr. Mayor, if I
may, quickly bring up. Why did they change Dixie Highway north
and southbound, which had always been 45 miles an hour to 35? If
you could find out. I think 35 miles an hour on Dixie Highway is
absolutely crazy.
Mayor Carollo: Hold on. Where did they switch it to 35?
Commissioner Plummer: From my house... 17th Avenue to Bird Road,
because I travel every day, they've switched it from 45 to 35
miles an hour, and I can't believe...
Mayor Carollo: To 35?
Commissioner Plummer: Yeah.
Mayor Carollo: When did that happen?
Commissioner Plummer: Joe, I don't know when it happened, but I
was riding there yesterday, and sure enough, it's 35 miles an
hour.
Chief Warshaw: We'll look into that. The State...
Mayor Carollo: Yeah, that doesn't make sense at all.
Chief Warshaw: I agree. That's a State road, and that's State
signs. We'll find out.
Commissioner Plummer: OK. The second thing...
Mayor Carollo: Even 45, at times, is cutting it.
Commissioner Regalado: I think that what happened, J.L., is that
there was talk after the accident...
EK-Tape 1 46 October 30, 1996
A--y07
Commissioner Plummer: Of Del Rio?
Commissioner Regalado: Yes.
Mayor Carollo: Yeah, but that was at 17th.
Commissioner Regalado: Seventeenth.
Commissioner Plummer: Yeah, but that was 105 miles an hour. I'm
talking about
Commissioner Regalado: No, no, but that was on 17th, 17th and
Dixie.
Commissioner Plummer: I live there.
Commissioner Regalado: Yeah, I know. But that's what I said,
that there was some talk.
Commissioner Plummer: Yeah, but that's a main arterial. I
can't...
Commissioner Regalado: Oh, absolutely.
Chief Warshaw: We'll find out, and we'll report back to you.
Commissioner Plummer: All right. The second one, Ransome
Everglades School on Tigertail, the first sign that tells you the
hours of when you shall do 15 miles an hour is in the middle of
the school. When you're coming on Tigertail towards 22nd Avenue,
you are in the area of the school before the sign tells you seven
to eight a.m., or whatever those times are. You've already
violated the zone before you see the first sign, and there are...
They've removed the signs that say "In school zone speed," or
"Speed zone for schools." And I got to tell you, I'm sorry to
tell you, one of your officers was writing tickets for that, and
I think it was a little unfair that these people did not know
about it until they got into the zone.
Chief Warshaw: We'll talk to the school and to the County about
the position of the signage. It's a private school, as you know,
and...
Commissioner Plummer: If this is the beginning of the school
property and the end, the sign is right here.
Chief Warshaw: Yeah. And that's obviously the wrong place for
it.
Commissioner Plummer: It should be out here. Thank you, Mr.
Mayor.
Mayor Carollo: Certainly.
EK-Tape 1 47 g; r.ctober 30, 1996
4
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4
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Mr. Manuel Gonzalez-Goenaga: May I?
Mayor Carollo: Thank you, Chief, gentlemen. Yes, Mr. Goenaga,
if you could...
Mr. Gonzalez-Goenaga: Chief, Chief...
Mayor Carollo: If you could give your name and...
i Mr. Gonzalez-Goenaga: Yes. Yes. My name is Manuel "Boom -Boom"
Gonzalez-Goenaga. Contrary...
Mayor Carollo: Manny, if I may. Make whatever statement you
like, but as far as getting employees to asking questions to
answer, we... you know, please refrain from that.
I
Mr. Gonzalez-Goenaga: No, no, no. Contrary to what has been
said, I am a rebel with cause, And I don't have any complaints,
whatsoever, with the towing thing. But this is something that I
have been through the experience more than seven times. When the
police orders the zone or whoever to tow, they should... When
they give you your arrest affidavit, they should always give the
receipt of who has the towing, which company has the towing car.
I went... I went crazy many times asking where was it? The
police purposely or meaningful, told me that they did not know.
Probably, they get on their ground... I'm just questioning,
because anything is possible in Miami now. Some things... if I
get the arrears on warehousing. So the longer we know, the more
they charge, of course, because it's on a daily basis. And
once... They always pick me up, for your information, Friday.
They choose social Friday to pick me up, even though I have
never...
Mayor Carollo: Excuse me. Mr. Goenaga, they used to pick you up
Friday.
Mr. Gonzalez-Goenaga: They used to pick me up.
Mayor Carollo: OK. Thank you.
Mr. Gonzalez-Goenaga: But they have detained me three times for
different reasons. So it's the issue that we should be given,
when we are arrested, the... who... what company actually is
picking up the car, along with the arrest papers.
Commissioner Plummer: It's usually on the...
Mayor Carollo: That's a valid statement that you made, and I'm
sure the Chief has made note of it, and I'm sure that the Police
Department will implement it. That's a very valid request.
Mr. Albio Castillo: May I address the Commission?
Mayor Carollo: Yes, two minutes.
EK-Tape 1 8,;b C, rOctober 30, 1996
`la— 00 V
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F
F
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Mr. Castillo: Oh, do you know that...
Mayor Carollo: Name and address.
Mr. Castillo: I don't have to tell you.
Mayor Carollo: You're an old pro, I'm sure.
Mr. Castillo: Oh, yes, 23 years, to be exact. My name is Albio
L. Castillo. I live at. 2386 Southwest 5th Street. This is a
question to the Administration. There is a festival that always
goes on, on the 8th Street that is called "inadequate parking,"
because they don't provide enough parking facility. Now, in '95,
I almost had to chase somebody out of my driveway. Who's going
to pay for that damage, if somebody decides to damage my car,
because of illegal parking in my driveway?
Commissioner Plummer: Under no-fault, you are.
Mr. Castillo: No, the City is. The City is. You know why?
Inadequate parking for a large festival.
Commissioner Plummer: That's interesting,
f ,
Mayor Carollo: Yeah.
Mr. Castillo: Good point.
Commissioner Plummer: Interesting. E
Mayor Carollo: Commissioner, would you like to...
f
Commissioner Regalado: I'd like to say...
f
1
Mayor Carollo: ... look into it?
S
Commissioner Plummer: I'll write you a personal check and...
Mr. Castillo: Who...
Mayor Carollo: What I would suggest that you do is meet with the
Administration, show them where you live at, and see if we could r
have better enforcement there.
i
Mr. Castillo: Oh, three blocks from the war zone, where the
Kiwanis start their little ding -ding. t
Mayor Carollo: Well, I appreciate your statements.
Commissioner Plummer: What happened? I missed that one.
Mr. Castillo: Thank you.
EK-Tape 1
49 _ October 30, 1996
1.
CITY OF MIAMI.
CITY ATTORNEY'S OFFICE
MEMORANI)UM
TO: Walter J. Foeman, City Clod.'
FROM: Alejandro Vilarello „ i y
DATE: March 7, 2000'
RE: Clarification of Resolution No. 96-807 adopted October 30, 1996
Pursuant to your request, attached is a new original of Resolution No. 96-801 adopted on
October 30, 1996, pursuant to the Minutes of the Meeting of that date. Attached is a copy of
Exhibit I which clearly shows that there are nine towing service zones. The minutes indicate that
towing and wrecker services were provided as follows:
Zone Approved Agency
I Midtown Towing of Miami
2 Nuway 'rowing Service, Inc
3 Grundon's Transport, dba Nolan's
4 Downtown Towing Co.
5 King's Wrecker Service, Inc.
6 Ted & Stan's "Towing Service, Inc.
7 Banos Towing Services Corp
8 Blanco Towing, Inc., dba Southland Towing
9 Southwest Transport, Inc. dba Southland Towing
Diaz Towing Service, Inc. and Molina Towing, Inc. were not awarded a primary zone, but
l designated to be used as backups.
This memorandum alongwith the Minutes of the Meeting, and Exhibit 1 may be attached
g> Y
to Resolution No. 96-807 so that any concern regarding the substitution of said Resolution is
clarified.
c: juay garter, lirrector or rurcnasmg
Officer Moe, Police Department
r
1 -
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO : Marla Chlaro DATE : December 1. 1999 FILE
Assistant City Attorney
SUBJECT: Resolution 96-807 Needed to
Microfilm 1996
FRO REFERENCES:
Walter J. oetnan
City Clerk ENCLOSURES:
111i11L1tPS. GO1]3C, hgrkup
As a follow up to our conversation of Monday, November 29t1i. enclosed please find a draft copy of
Resolution 96-807, passed on October 30, 1996, as well as the backup documentation and minutes
j related to same. Our notes show that Charlene Watkins, former aide to Mayor Carollo, had
y requested that said resolution be sent back because a different version had been distributed during
the Commission meeting.
As we discussed. our office needs to microfilm 1996 documents. That is the only piece of
legislation still outstanding. We would appreciate very much your providing us with said
resolution as soon as possible in order for our office to complete our 1996 records.
WJF:sl
it
p.
{
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}
I
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f
" SFNT,BY;CITY OF MIAMI
9:241M ; CITY MANAGER'S OFF. UAPURA1 7V: �
C41TY OF MIAMI FLOR1 A
to: The HO:IOMble N40VOr and Ms mbVr5 WE VILE
of the City Cotn=mon OCT 2 8 1995
sundtc7: proposed Resolution
>
HFFERENGE5t
Auihoriz�nB sward of
City Pvlaruger tNc+.osu�s Contraas for Towing aervicts
it is reepectUly rcrnmmended drat the City Commission review tho staff propc>W, select the
compsnie9 which shall furnish towing and r�=ker service to the City of Miami P'lw Scviw
Center, wd adopt the attached I2.esohttiola audwrizing tine award of contracts to the compunirs
sa!ooted., it tbo armo,snt of $45.000.00, Fending will be flow the Fleet Service Center Crenmal
Qperaiing Budget, Index Code 291301-340,
The Police Depwinimit cwordi>r;Vated the development of a proposed. Re- q% st for Qualifications
(RFQ) and a Saznple Agreement, in c7oo tioxm with, the departments ni Prx),r=e At and law, for
toviing and, wncker ser ijecs to the City's Fled S.-Mce Center, Proposals were received
Sept=ber 19, 1946, .and the investigations and evaluations were hitlated at that ti=.
A certification commillez was formed and mviewed :be applications for the provision of towing
and worker services, which wem submitted in response to the ReVwst for Quaiifcations #95-96-
161t2, Th: rR17Q set forth the Chy's terms and conditions under which a cortrpany would be
petmitted to provide tnw ng and wrecker service for file Fleet Service UtAm
The toaring contract allows for all q proved vcndors to participaw on a monthly rotatiorwl
seohadule_ The Police Devartm=t and a eertlBoatior_ comiltee invesfigftd each of the applica=
w detemiine if the City's roquirements were .mot in regarri to the bZiness location, store e,
eyuirnenf, lifft qm, employees ad bsckgsound checks. On the b"s of the requiremzw of the
RFQ and the results of the Police investigation, it %w found that elcven (11) firms qualify w
provide towing aerviccrs.
5
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Merrett R. Stierheim October 8, 1996
TO DATE : FILE
City age
SUBJECT, Supplemental Report on
j Towing/Wrecker Services RFQ
Agenda Item
j FROM J dy S. Cart REFERENCES:
C ' f Pro nt Officer
ENCLOSURES:
On September 3, 1996, the City duly delivered and advertised RFQ 95-96-161 for towing and
wrecker services for the Miami Police Department. Eleven (11) proposals were received in
response to this RFQ. The following is a summary of the findings of the certification committee
when the proposals were reviewed.
BANOS TOWING SERVICE, CORP.
Address: 2100 NW 17 Avenue, Miami, FL 33142
Owners: Domingo and Emelia Banos
Equipment - Wreckers: Class A -3, Class B - 1, Class C - 2
Flatbeds: Class A -5
Zone Requested: 7 Note: Located in close proximity, 1 block N. of Zone 7
City Vehicle Towing: Yes
MIWBE Status: H
BLANCO TOWING INC. dba FREEWAY TOWING
Address: 2246 NW 25 Avenue, Miami, FL 33142
Owners: Mrs. Zeida Blanco
Equipment - Wreckers: Class A -6, Class C -1, Class D -1
Flatbeds: Class A -1, Class B - 2
Zone Requested: 8 Note: Located in close proximity, est. 8 blocks N. of Zone 8
City Vehicle Towina: Yes
M/WBE Status: F
DIAZ TOWING SERVICE, INC.
Address: 2110 N. Miami Avenue, Miami, FL 33127
Owners: Jose & Martha Diaz
Equipment - Wreckers Class A -8, Class C -1, Class D -1
Flatbeds: Class A -2, Class B -1
Zone Requested: 4 or 6 Note: Located in Zone 4
City Vehicle Towing: Yes
M1WBE Status: H
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Merrett Stierheim
Supplemental.Towing Report
Page 2
DOWNTOWN TOWING CO.
Address: 2418 N. Miami Avenue, Miami, FL 33127
Owners: Rachel del Rosal
Equipment - Wreckers: Class A -2, Class B - 2, Class D - 1
Flatbeds: Class A -4
Zone Requested: 4, 3 or other Note: Located in Zone 4
City Vehicle Towing: Yes
MM(BE Status: F
GRUNDON'S TRANSPORT, dba NOLANS
Address: 2951 NW 27 Avenue, Miami, FI 33142
Owners: Sandra McClaskey
Equipment - Wreckers: Class A -4, Class B - 1, Class C - 2
Flatbeds: Class A -2
Zone Requested: 3 Note: Located within Zone 3 '
City Vehicle Towing: No E
M/WBE Status: NM ti
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KING'S WRECKER SERVICE. INC. !
Address: 1529 NW 37 Street, Miami, FL 33142 I
Owners: Jorge L. Salazar I
Equipment - Wreckers: Class A -8, Class B - 1, Class D - 1
Flatbeds: Class A -2
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Zone Re uq ested: 3 or 5 Note: Located in Zone 3
City Vehicle Towing: Yes !
M/WBE Status: H i
MIDTOWN TOWING OF MIAMI
Address: 551 NW 72 Street, Miami, FL 33150 l
Owners: Howard & Lauraine Lichtman
Equipment - Wreckers: Class A -4, Class B - 1, Class C - 2
Flatbeds: Class A -5 I
Zone Requested: 1 Note: Located in Zone 1
City Vehicle Towing: Yes
M/WBE Status: NM
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Merrett Stierheim
Supplemental Towing Report
Page 3
MOLINA TOWING, INC.
Address: 2151 NW 7 Avenue, Miami, FL 33127
Owners: Orlando Molina, Edith Molina, & Zoila Molina
Equipment - Wreckers: Class A -6, Class B - 1, Class C - 2
Flatbeds: Class A -3
Zone Requested: 5 Note: Located in close proximity, 1 block N. of Zone 5
City Vehicle Towing: Yes
M[WBE Status: F
NUWAY TOWING SERVICE, INC.
Address: 551 NW 71 Street, Miami, FL 33150
Owners: David Miller, Laura Miller, Walter Miller, & Teresa Miller
Equipment- Wreckers: Class A -3, Class B - 1, Class D -1
Flatbeds: Class A -2
Zone Requested: 1 Note: Located in Zone 1
City Vehicle Towing: No
M/WBE Status: NM
SOUTHWEST TRANSPORT INC. dba SOUTHLAND TOWING
Address: 3870 Shipping Avenue, Miami, FL 33146
Owners: Tamara S. Shannon & John T. Dollar
Equipment - Wreckers: Class A -5„ Class B - 2, Class D - 1
Flatbeds: Class A -5 -
Zone Requested: 9 Note: Located in Zone 9 `
City Vehicle Towing: No
M/WBE Status: NM
TED & STAN'S TOWING SERVICE, INC. }
Address: 3075 SW 28 Street, Miami, FI 33133-3505
Owners: Stanley Mykytka, Teresa Mykytka & the estate of Janeene Mykytka
Equipment - Wreckers: Class A -3, Class B -1, Class C - 2
Flatbeds: Class A -5
Zone Requested: 6 Note: Located in close proximity, est. 14 blocks W. of Zone
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City Vehicle Towing: Yes
M/WBE Status: NM
Zone 2 was not requested by any proposer.
Zone 3 was requested by three (3) proposers - Downtown, Nolan's & King's
Zone 1 was requested by two (2) proposers - Midtown & Nuway
Zone 5 was requested by two (2) proposers - King's & Molina. I
Enc, Resolution
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RFQ AWARD FORMA
RFQ NUMBER: RFQ 95-96-161 COMMOD ITY/SERVICE:TOWING & WRECKER SERVICES
DEPARTMENT / DIVISION: MIAMI POLICE - FLEET SERVICES CENTER
TERM OF CONTRACT: INITIAL THREE (3) YEARS, WITH 2 ADDITI(1) YEAR OPTIONS
NUMBER OF RFQS DISTRIBUTED: ELEVELL(11) NUMBER OF RFQS RECEIVED: ELEVEN (11)
METHOD OF AWARD: On a monthly rotational basis among eight (0yendors bebvir:
TOWING AGENCIES STATUS: CONTRACT VALUE:
BANOS TOWING SERVICE CORP. �I
Q ANCO dba FREEWAY TOWING E
DIAZ TOWING SERVICE INC. H
DOWNTOWN TOWING CO. E
ING'S WRECKER SERVICE INC. H
MIDTOWN TOWING OF MIAMI NM
MOLINA TOWING INC. E
TED & STAN ' S TOWING NM TOTAL: $ 4 5 , 0 0 0 . 0 0
THE FOLLOWING TO BE COMPLETED BY USER DEPARTMENT:
JUSTIFICATION: These vendors will be used,on a monthly rotational basis,
to provide wrecker services for the City's Fleet Service
Center.
ACCOUNTCODE(Sh 291301-340
DEPARTMENT APPROVAL: BUDGET REVIEW APPROVAL:
De rtment Director/ /v�I7% Dipak M. Parekh
Designee ! Deputy Director
OTHER FUNDING APPROVALS, IF APPLICABLE:
RFQRECOM.DOC 1018196 PAGE 1 OF 2 PAGES
PROCUREMENT APPROVAL:
Yal
4z�
dy S. Carter
chi rocurement officer
TITLE:
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CITY OF MIAMI TOWING AGREEMENT/2
,TACE MENT A
THIS AGREEMENT, made and entered into this day of ,
199^ 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 tern for two (2) one-
year renewal periods, at the City's sole discretion.
WHEREAS, the City Commission pursuant to resolution No.-96 authorized the City to
issue a Request for Qualifications (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
towing of city vehicles, on a rotational basis; 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 II - 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.
Requests for services shall be made by telephone or by any one of the following City
departments:
(a) the Fleet Services Center ("FLEET")" of the Miami Police Department
(b) Police Department Communications Section ("DEPARTMENT")
All requests generated by the DEPARTMENT and FLEET must be authorized by the chief and
director of the departments. Towing Agency however, shall have the right to assume upon receipt
of the requests, that the same have been authorized as herein provided
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SECTION III - PERFORMANCE STANDARDS:
Towing Agency must adhere to the following specific performance procedures and standards:
(1) Towing Agency must maintain personnel to operate towing equipment twenty-four (24)
hours a day, seven (7) days a week, and respond to calls for service from the City. (Note:
requests may come from DEPARTMENT & FLEET)
(2) Towing Agency shall have sufficient personnel to staff the facility utilizing the same
schedule as the City's Fleet Service Center, Monday to Friday 8 a.m. to 4 p.m. i
(3) Towing Agency shall provide service citywide, within Dade County and within other areas
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as designated in the RFQ, in accordance with Section VII of this Agreement.
(4) Tow trucks must proceed to the scene in accordance with the RFQ specifications. Should
Towing Agency anticipate delay beyond the time specified in this RFQ 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 the specified time
in this RFQ 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 XVI and XVII 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, coup and city regulations and
() p p Y PP � county tY g
ordinances at all times.
(8) Tow trucks shall not use rotating beacons when proceeding to a call unless authorized by
the police dispatcher.
(9) 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.
1 (10) n9 Agency Towing A shall not remove vehicles involved in accidents prior to the arrival of a
Y
ipolice unit, and only with the permission of the assigned police unit.
4 (11) 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
iI placed in a suitable container and removed by tow truck operator and shall not, in any case, be
I left at curb -side. Tow truck operators shall be directed in this task by the police unit assigned the
call.
(12) . 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.
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(13) 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.
(14) Towing Agency shall not make any repairs to any towed vehicle.
(15) Towing Agency's file shall contain a list of all vehicles on the premises, copies of all
itemized bills, 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.
(16) Towing Agency shall remain equipped and shall comply with all requirements set forth in
the RFQ throughout the entire term of this Agreement.
(17) 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. In such case another towing
agency shall be requested to perform the service.
(18) Towing Agency shall tow all city vehicles to the Fleet Service Center located at 1390 NW
20 Street, Miami Florida during normal FLEET hours, Monday to Friday 6:30 a.m. to 12:00
midnight. Towing occurring after hours shall be towed to the Miami Police Department located at
400 NW 2"d Avenue, Miami Florida unless otherwise directed by either FLEET or the
DEPARTMENT.
(19) Towing Agency shall provide adequate insurance coverage as indicated below, in Section
XXXI.
SECTION IV - CANCELLATION OF TOWING SERVICE:
City reserves the right to cancel a service request to the Towing Agency at any time up to time of
arrival without charge. Such cancellation shall be made by the same source that generate the
request, as listed in Section II of this Agreement. Cancellation may also be authorized 3t the
scene by a police officer.
SECTION V - EMPLOYEES OF TOWING AGENCY:
All persons employed by the Towing 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. Each Towing Agency shall have in
its files a Division of Motor Vehicle report on each tow truck operator under its employment.
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SECTION VI - 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 VII - 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 VIII - 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 FLEET, who shall then notify the Towing
Agency. If the complaint is in written form, a copy shall be fumished to the Towing Agency upon
request, at no cost. A written reply to the complaint must be forwarded by Towing Agency to
FLEET, within five (5) working days after its receipt. The complaint may be evaluated by the
Commander of FLEET to determine if it should be the basis of suspension or termination. Files
shall be kept by FLEET about Towing Agencies complaints.
I SECTION IX - COMPLAINTS FROM TOWING AGENCIES:
Any complaints from Towing Agencies concerning city employees shall be forwarded to the
Commander of the FLEET for investigation, and a written reply shall be made to Towing Agency
within fifteen (15) working days of receipt by FLEET.
SECTION X - TOWING FEES and RESPONSE TIMES:
The following shall be the rates billed for services. The rates set forth in this section may be
reviewed at the end of the first year of the term of this agreement and at any time thereafter, by
representatives of FLEET. City representatives will meet with a representative of each of the
Towing Agencies under contract with the City as part of the review process. City representatives
shall recommend to the City Manager for his approval, any proposed rate adjustments.
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.TTACHMENT A
A. City -Vehicle Towing
Towing prices shall be proposed based 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 prices listed below are maximum price ceilings.
Tows within City, 30 min. maximum response time: ........................................... $17.00
Tows with Dade County, outside City, 1 hr. response time: ............................... $20.00
Tows within Broward County, 1 hr. 30 min. response time ................................. $33.00
Wait time, paid on half-hour intervals: ................................................................ $15.00
MileageRate: ..................................................................................................... $2.50
Boats & Oversized Vehicles: Rates based on estimate provided by towing agency prior
to performance and approved by FLEET.
One-way mileage rate beginning either at northern Broward Countyline, southern Dade
Countyline. The mileage rate shall be added to the flat nearest corresponding county tow 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 the flat Broward County rate, plus 15 times the mileage rate.
SECTION XI - 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 special equipment shall be restricted to unusual circumstances and
must be approved by FLEET.
SECTION XII - BILLING
Towing Agency agrees to: (a) provide for a towing slip for each vehicle towed that includes at a
minimum: date and time of tow, City vehicle number, location from which vehicle was towed,
where towed to, sequential tow slip number, toll charges if any, towing agency driver's name, and
receiving person's signature; (b) invoice shall be billed biweekly and include on the invoice an
invoice number, a listing of all tow slips by sequential tow slip number, the dollar amount of each
tow slip charge, a .grand total for the invoice, (c) a copy of each corresponding tow slip shall
accompany the invoice (d) keep copies of all tow slips and invoices on file for a minimum of three
years. Copies of all invoices and tow slips shall be provided to the City upon request.
Unusual tows requiring special equipment or services 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.)
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SECTION Xlll - 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) Personnel shall conduct themselves in a courteous and businesslike manner, so as not to
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.
SECTION XIV -SUSPENSION PROCEDURES:
(1) Towing Agency may be suspended for any violation of the provisions of this Agreement
which, in the sole discretion of the FLEET Commander, 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 FLEET Commander,
the City Manager may terminate this agreement, also see Section XX.
SECTION XV - DEFAULT
The occurrence of any of the following events shall constitute an event of default:
(a) 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 terminate this Agreement in accordance with the provisions of Section
XIX below.
SECTION XVI - 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) Towing Agency's failure to comply with the provisions of Section above within the time
specified therein.
(c) Towing Agency's failure to comply with the insurance requirements set forth in Section
XXXII hereof.
(d) . with respect to any other event of default, upon the recommendation of the Commander of
Fleet.
(e) Adjudication as bankrupt.
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(f) The filing of insolvency, reorganization or bankruptcy petition (voluntary or involuntary).
(g) Abandonment of towing Agency premises or discontinuance of operations.
(h) The making of general assignment for the benefit of creditors.
(i) Making any charge at rates greater than those established by this Agreement.
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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 XVII - 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 XVIiI - COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Towing Agency and City of Miami shall comply with all applicable laws, ordinances and codes of
Federal, State and Local governments.
SECTION XIX - 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 MIAM1
Fleet Service Center
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.
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(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 XX - 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 ail 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 XXI - NONDELEGAQILITY:
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.
SECTION XXII - 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 XXIII - 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 XXIV - CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to the laws, statutes, and case laws
of the State of Florida.
SECTION XXV - SUCCESSORS AND ASSIGNS:
This agreement shall be binding upon the parties herein, their heirs, executors, legal
representatives, successors, and assigns.
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SECTION XXVI - 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 XXVII - 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), Dade County, Florida (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 XXVIII - 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.
SECTION XXIX - 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 XXX - 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 agrees to comply with all applicable substantive and procedural provisions therein,
including any amendments thereto.
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SECTION XXXI - 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
Agreement are of no force or effect.
SECTION XXXII - 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 $1,000,000.00 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 $1,000,000.00 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 Bests
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 XXXIII - AMENDMENTS:
City may, at its discretion, amend the Agreement to conform with 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.
56- 807
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rACHMENT A
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:
Frank Rollason, Director
Risk Management Department
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Fleet Svc.
rACE MENT A
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
i
I
ATTEST:
Corporation Secretary
WITNESSES:
(As to Contractor)
(NOTE: If Contractor is not a
Corporation, two witnesses must
sign)
APPROVED AS TO INSURANCE
REQUIREMENTS:
Frank Rollason, Director
Risk Management Department
Pg. 11
City Manager
(Title)
( Sea])
A. Quinn Jones III
City Attorney
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APPOINTMENT TO: CITY COMMISSION MEETING DATE
C." r; -
96- SO u
CITY COMMISSION MEETING DATE:
APPOINTMENT TO:
a
APPOINTMENT TO:
CITY COMMISSION MEETING DATE:
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NAME OF CANDIDATE:
REGALADO
CAROLLO
DUNN
PLUMMER
GORT
TOTAL
96- 807
CITY COMMISSION MEETING DATE:
APPOINTMENT TO:
APPOINTMENT TO:
CITY COMMISSION MEETING DATE: Qjj
NAME
NAME OF
OF CANDIDATE:
REGALADO
CAROLLO
DUNN
PLUMMER
GORT
TOTAL
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