HomeMy WebLinkAboutR-87-0242J-87-239 lob
3/5/87
RiESOLUTION NO. 8 7-242
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REQUEST FOR PROPOSAL IN SUBSTANTIALLY THE
ATTACHED FORM, TO FURNISH REMOVAL OF
ABANDONED VEHICLES SERVICES TO THE
DEPARTMENT OF SOLID WASTE.
WHEREAS, the Department of Solid Waste requires towing
services to remove abandoned vehicles from the City of Miami; and
WHEREAS, it has been found that utilization of private
salvage, wrecker and/or towing companies within Dade County can
effectively provide the services needed; and
WHEREAS, there are a number of private companies which might
provide these services on a contractual as needed basis;
NOW THEREFORE BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to issue a
Request for Proposals;/in substantially the attached form, to
receive bids to furnish towing and/or wrecker services on an as
needed basis to the City of Miami Department of Solid Waste.
PASSED AND ADOPTED this
ATTE T:
MATTY IRA1', CITY CLERK
13th day of March , 1987.
PREPARED AND APPROVED BY:
Lz"z , �? - I
A—
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVEV AS.TO FORM AND CORRECTNESS:
uv�.in Me eJvuw,
CITY ATTORNEY
XAVIER L. SUARE , MAYOR
ATTACHMENTS
CONTAINED
CITY COMMISSION
MEETING OF
MAR 131987
lu , 8 y ` -242
1/ The contents of the Request for Proposals authorized herein
to be issued shall be modified to incorporate the changes
expressly directed by the City Commission in its meeting this
date.
I
CITY OF MIAMI, FLORIDA
RFP NO. SPECIAL CONDITIONS AND SPECIFICATIONS
1. SCOPE AND PURPOSE
It is the intention of the City of Miami to receive applications
to furnish removal of abandoned vehicles services inclusive of
labor, materials and equipment on an as needed basis to the City
of Miami, Department of Solid Waste.
2. CONTRACT TERM
The contract shall commence thirty (30) days after execution and
shall be effective for one (1) year from the date of
commencement, with an option by the City to renew for one (1)
additional year subject to contract conditions.
3. SAMPLE AGREEMENT
Attached hereto is a sample agreement (Attachment A) which
contains further specifications for the provision of towing
services for the removal of abandoned vehicles. It shall further
serve as the basis for any resulting contract/s, although the
City reserves the right to revise the sample agreement as
necessary, prior to execution of the final agreement.
4. DEFINITIONS
Agency means a company engaged in the business of towing vehicles
from one location to another within the City of Miami or removal
of abandoned vehicles.
S. QUALIFICATIONS OF APPLICANTS
All Agencies that submit bids shall either meet the following
minimum qualifications, or provide for each deficiency, an
affidavit stating that deficiencies shall be made up within 30
days of bid award. If the minimum qualifications are not met, or
affidavits not submitted, the application will be rejected with
written explanation.
NOTE: FAILURE TO FULFILL THE COMMITMENT TO MEET ALL
REQUIREMENTS WITHIN 30 DAYS OF AWARD WILL INVALIDATE
SAID AWARD, AND ANOTHER QUALIFIED APPLICANT WILL BE
SELECTED
1. Proposals will be considered only from firms that are
regularly engaged in the business of providing the
goods and/or services as described in this Proposal;
that have a record of performance for a reasonable
period of time; and that have sufficient financial
support, equipment and organization to insure that they
can satisfactorily execute the services if awarded a
Contract under the terms and conditions herein stated.
The term "equipment and organization" as used herein
shall be construed to mean a fully equipped and well
established industry as determined by the proper
authorities of the City of Miami, Florida.
2. Applicant shall be fully licensed to perform the work
described herein.
3. Agency premises must be properly identified by signs on
the exterior of the structure, i.e. visible from the
adjacent access road.
4. A reasonable state of cleanliness of equipment and
facilities must be maintained. Working areas,
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interior, and exterior of structures shall be kept free
of debris and/or articles inappropriate to or
inconsistent with the operation of the services
required.
5. Storage - At least one hundred (100) storage spaces
shall be immediately available. Rates for storage ,are
to be not more than those storage rates set forth in
the sample agreement.
6. EQUIPMENT REQUIREMENTS
"Tow Truck" and "Wrecker" are synonymous and hereinafter used
interchangeably.
1. Tow Truck or Wrecker means any motor vehicle equipped
with booms, winches, or similar equipment designed for
recovery and towing 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.
2. Wreckers Defined
A. Class "A" Wrecker Defined:
(1) Truck chassis with a manufacturer's rated
capacity of not less than 10,000 pounds, GVW
(2) Commercially manufactured crane and winch
having a manufacturer's rating of at least
four (4) tons, which must be mounted on the
chassis.
(3) Power winch with a pulling capacity of not
less than four (4) tons, hand crank winches
will not be approved
(4) Minimum of one hundred feet (1001) of 3/8
inch cable or larger
(5) Cradle, tow plate or tow sling with safety
chains
(6) Dual rear wheels
(7) One motorcycle sling
(8) Towing dolly
B. Class "B" Wrecker Defined:
(1) Truck chassis with a manufacturer's rated
capacity of at least 15,000 pounds, GVW
(2) A twin winch, commercially manufactured
crane and a winch having a manufacturer's
rating of at least 8* ton capacity mounted
on the chassis
(3) A minimum of 100 feet of at least 1/2 inch
or greater hemp centered cable on each drum
(4) Tow sling with safety chains and dual rear
wheels
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3.
(5) One set of scotch blocks for wheels or
hydraulic rear extendable scotch blocks
C. Class
"C" Wrecker Defined:
(1)
A truck chassis with a manufacturer's rated
capacity of at least 30,000 pounds GVW, and
50,000 pounds GVW for tandem axle trucks
(2)
A complete twin winch, commercially
manufactured crane and a winch having a
manufacturer's rating of at least 25+ ton
capacity, which must be mounted on the
chassis
(3)
At least 200 feet of 5/8 inch hemp centered
cable on each drum
(4)
Air brakes so constructed as to lock the
rear wheels automatically upon failure, and
to supply air to disabled vehicles
(5)
External air hookup and hoses
(6)
Dual rear wheels or tandem axle
(7)
One set of scotch blocks for wheels or
hydraulic rear extendable scotch blocks
(8)
Tow bar, cradle, tow plate or tow sling with
safety chains.
D. Class
"D" Car Carrier (Roll Back or Slide Back)
Wrecker Defined:
(1) Minimum one ton truck with a sixteen foot
bed
(2) One hydraulically powered winch with pulling
capacity of not less than 4 tons
(3) Fifty (50) feet of 3/8 inch hemp centered
cable
(4) Dual wheels
(5) A minimum of two safety tie down chains
twenty feet in length
(6) Two spot flood lights
(7) A brake lock device
Additional MANDATORY Equipment On All Wreckers and Car
Carrier:
A. 50 pounds white fine or medium oil absorbent clay
or sand or equivalent.
e. Heavy-duty push broom with a minimum width of 24
inches.
C. One set of scotch blocks.
D. At least two (2) safety cones, or triangle
reflectors.
E. One square shovel.
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F. Extra towing chain - 6 to 8 feet with hooks.
G. One (1) Axe.
H. One (1) crowbar or prybar - 30" or longer.
I. Minimum of one fire extinguisher, minimum 5 pound
CO2 or dry chemical, underwriter approved and with
current inspection tag attached.
J. One extension cord of sufficient length for use in
displaying a light to the rear of a towed vehicle
when such vehicle is without the capability of
providing its own lights.
K. Five 30 minute fuses and all clearance lamps, head
lamps, tail lamps, stop lamps, flags, and flares
necessary to comply with the Florida State
Statutes.
L. One set of red reflectors.
M. One (1) set of tools for opening locked vehicles.
N. A 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 shall include at least one four-way lug
wrench, one flashlight, one set of jumper cables
and one pair of bolt cutters with a minimum 1/2
inch opening.
0. A rotor beam or strobe light mounted on the
wrecker so it can be seen when in use from front,
rear and both sides. This shall reflect an amber
light.
P. Flood lights on the hoist.
Q. One snatch block for each winch, manufacturer's
rating to match winch except on car carrier.
R. Agency business cards.
S. 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.
The above requirements are to be the minimum requirements which
must be on each piece of equipment, as specified. Any applicant
whose equipment fails to meet the above listed requirements will
not be considered, except as provided by Item 5 of this document.
7. APPEARANCE AND CONDITION OF TOWING EQUIPMENT
1. Tow Equipment is to be neat, clean, and give an overall
acceptable appearance.
2. Each Tow Truck shall have standard fenders, hood, doors
and bumper, and be mechanically and structurally sound.
3. Tow Equipment is to be free of body damage which would
interfere with tasks to be performed or distract
substantially from overall appearance.
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4. Tow Equipment shall be lettered commercially with
Agency's name, business addresses and telephone number
on both doors, in letters at least 3 inches high as
required by City of Miami Code Article V, Section 42-
78, (B)(1) and Dade County Code Section BA-276, (b).
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
condition, as set forth in this section.
e. INSPECTION OF FACILITIES AND/OR EQUIPMENT
An inspection of the applicant's facilities and/or equipment will
be made by the City of Miami Police Department prior to the
Review Committee's recommendation. Affidavits which make
commitment to provide equipment and/or facilities within thirty
(30) days of award will also be reviewed at this time, also see
Item 5. Inspection of facilities and/or equipment may be made by
members of the City of Miami Police Department at any time during
the contract period as deemed appropriate by City.
9. BID OPTIONS
Bids may be submitted to provide removal of derelict, abandoned
vehicles, City-wide.
In order to submit a bid for removal of abandoned vehicles,
Agency must own, lease or have access to two (2) acceptable Class
"A" tow trucks, one (1) Class "B" and one (1) Class "C" tow
truck, and own, lease or possess one Class "D" car carrier. For
removal of abandoned vehicles, City is seeking the highest
responsive acceptable bid which Agency will pay to City for
removal of abandoned vehicles.
10. CAPITAL EXPENDITURES
Agency understands that any capital expenditures that the firm
makes, or prepares to make, in order to perform the services
required by the City of Miami, is a business risk which Agency
must assume. City will not be obligated to reimburse amortized
or unamortized capital expenditures, or to maintain the approved
status of any Agency. If Agency has been unable to recoup its
capital expenditures during the time it is rendering such
services, it shall not have any claim upon the City of Miami.
11. METHOD OF SELECTION
Agency which submits the highest bid to City for payment for
abandoned vehicles which are removed and which meets the minimum
specifications herein stated shall be awarded the contract for
removal of abandoned vehicles.
12. LAWS, PERMITS AND LICENSES
Contractor shall obtain and pay for all licenses, permits and
fees as may be required for this contract. Contractor must
comply with all state, county and city ordinances in regard to
the provision of these services.
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13. INSURANCE
Within ten (10) days after notification, the successful bidder
shall furnish Evidence of Insurance to the Claims Division of the
Law Department. Submitted evidence of coverage shall demonstrate
strict compliance to all requirements listed on Attachment B,
"Insurance Requirements," and as stated in the sample agreement.
14. DEFAULT
City shall be the sole judge of nonperformance, which shall
include any failure on the part of the successful Bidder to
accept the award, to furnish required documents, and/or to
fulfill any portion of the contract within the time stipulated.
Following a review and recommendation by the Towing Review Board
to the City Manager, City may by written notice to Agency,
terminate the contract if Agency has been found to have failed to
perform his services in a manner satisfactory to the City. In
the event Agency is found to be in default, any and all
reprocurement costs may be charged against Agency, and may also
result in the supplier being debarred or suspended from future
City Proposals.
15. MINORITY/WOMEN PROCUREMENT PROGRAM
Ordinance No. 10062 entitled the Minority and Women Business
Affairs and Procurement Ordinance o the City o 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/women
business enterprise is defined as a business firm"...in which at
least 51 percent of said enterprise is owned by Blacks,
Hispanics, or Women whose management and daily business
operations are controlled by one or more Blacks, Hispanics or
Women.
To achieve the goal established by Ordinance No. 10062,
participation in providing goods and services to the City by
minorities is being encouraged in a number of ways. All vendors
doing business with the City are encouraged to include the
participation of minority/women firms in their bids. In
evaluating applicants for determination of awards, minority/women
participation shall be a factor. Failure to adequately involve
minority/women firms may be a basis for rejecting any and all
bids.
Included as Attachment C, is a copy of Ordinance No. 10062.
Additionally, a special Information Sheet has been provided to
assist applicants in presenting information concerning
minority/women participation.
Minority/women business firms are required to register with the
City prior to submitting proposals. Procurement Management
Division will provide the necessary forms and instructions upon
request.
ALL VENDORS ARE URGED TO SUBMIT PROPOSALS FOR ANY GOODS OR
SERVICES THAT THEY ARE ABLE TO SUPPLY, REGARDLESS OF
MINORITY/WOMEN CLASSIFICATION. However, compliance with all
requests for information regarding Minority/women Status or
Participation is required. Applicants cooperation is greatly
needed to aid the City in achieving its goal.
It is the right of the City to terminate and cancel any contract
or contractual agreement entered into, including elimination of
the individual(s) and/or business enterprise(s) from
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consideration and participation in future
basis of having submitted deliberate
misleading information as to his, her or
Hispanic and/or women -owned business
City contracts, on the
and willful, false or
its status as a Black,
enterprise and/or the
quantity and/or type of minority and women -owned business
participation in the actual provision of the service.
Each successful bidder or offeror must agree to provide a sworn
statement of compliance with the provisions of this special
condition to the purchase or contract award under consideration;
such statement shall certify that the bidder or offeror, during
the course of time involved in the performance of the contract
sought by such bidder or offeror, shall not discriminate against
any business, employee or applicant for employment because of
age, ethnicity, race, creed, color, religion, sex, national
origin, handicap or marital status.
A certified affidavit of the extent to which the business
enterprise has as one or more of its partners or principals
persons who are Black, Hispanic or Women, or is a joint venture
comprised of a non -minority and minority business and/or women -
owned enterprise must be submitted.
Each bidder must also submit along with the bid or proposal, an
Affirmative Action Plan (AAP). Any significant equity
participants, joint venture participants, subcontractors,
supr..,iiers or other parties to the bid or proposal shall also be
required to submit such plans.
It is required that there be continued bidder or offeror
eligibility including minority and female involvement during the
term of the agreement.
This bid includes a 51% goal (17% Hispanic, 17% Black and 17%
Women) for the participation of minorities/women-owned businesses
as a percentage of the total bid award.
16. RESOLUTION OF PROTESTS
Applicants attention is directed to Attachment D, Section 18.56.1
of the City Code. In the event of protests, compliance to the
procedures described therein is mandatory.
17. INQUIRIES
Questions regarding these specifications should be directed to
the Chief Procurement Officer at 579-6380.
NO CHANGES IN THIS INVITATION TO PROPOSAL SHALL BE VALID UNLESS
IN AUTHORIZED WRITTEN ADDENDUM FORM AND SENT TO ALL POTENTIAL
APPLICANTS.
18. EVALUATION RESULTS
Bids will be available for inspection at the Procurement
Management Office, 1390 N.W. 20th Street - Second Floor, two (2)
days after the Proposal Opening. EVALUATION RESULTS WILL NOT BE
FURNISHED BY TELEPHONE.
19. RESERVATIONS
At such times as may serve its best
reserves the right to advertise for,
Proposals for these herein items,
competitively proposal (governmental)
of these items as may be available or
interest, the City of Miami
receive and award additional
and to make use of other
contracts for the purchase
to reject any and all bids.
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20. DEBARMENT AND SUSPENSION
Attention of applicants is directed to Attachment E, Section
18.56.4 of the City Code and to certification which must be
executed and returned with the Proposal Sheets.
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ATTACHMENT A
SAMPLE AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 1987 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 "AGENCY".
WHEREAS, the Department of Solid Waste requires towing
service to remove abandoned vehicles from rights -of -way in the
City of Miami; and
WHEREAS, it has been found that utilization of private
agencies within the City of Miami effectively provides the needed
services; and
WHEREAS, there are a number of private companies which might
provide these services on a contractual as needed basis;
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
SECTION I - TERM OF AGREEMENT:
Agreement shall commence thirty (30) days after execution by the
City Manager and shall be effective for one (1) year from date of
commencement. After the initial ,one (1) year period, this
Agreement shall be renewable at City s sole option subject to the
terms and conditions stipulated herein, for an additional one (1)
year period.
SECTION II - REQUESTS FOR TOW SERVICE:
Requests for tow service shall originate from Solid Waste
Department. The Chief Code Enforcement Officer of the
Enforcement Division of the Solid Waste Department shall furnish
Agency with a list of vehicles to be removed.
SECTION III - TOWING REVIEW BOARD:
There shall be established a Towing Review Board, which shall
evaluate any controversy or claim arising out of or related to
this Agreement. Operational procedures of the Board shall be
developed by City.
SECTION IV - PERFORMANCE STANDARDS:
Agency must adhere to the following opecific performance
procedures and standards:
(1) All personnel operating tow trucks or car carriers
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 Metropolitan Dade County
Identification card, a copy of which shall be on
record with the City of Miami Department of
Police. All tow equipment operators shall have a
current valid Florida chauffeur's license.
(2) Tow equipment operators shall comply with all
existing state, county and city regulations and
ordinances at all times.
(3) Rotating beacons shall be used when removing
vehicles only if towed vehicle represents a
hazardous condition. Sirens on wreckers are
prohibited.
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(4) Tow equipment operators shall be responsible for
removing glans and/or other debris from the street
as a result of vehicle removal for which he is
responding for the City. This debris shall be
placed in a suitable container and removed by tow
equipment operator and shall, in no case, be left
at the curb -side.
(5) Agency shall assume all responsibility for damage
done to a vehicle towed, or to be towed, during
the towing and while vehicles are stored at their
place of business in accordance with Florida
Statute 713.78 and 715.07.
(6) Agency shall not make any repairs to any towed
vehicle without the express consent of the owner
of the vehicle or his agent.
(7) Agency s file shall contain a list of all vehicles
on the premises, records of payment by customers,
records of disposal of vehicle/s, records of
payment to City, and Motor Vehicle reports on all
tow truck operators. This file must be kept
current and available for inspection by City.
SECTION V - CANCELLATION OF TOWING SERVICE:
City reserves the right to cancel a service request to a Agency
at any time up to time of hookup without charge. Such
cancellation would be made through the same sources that generate
requests, as listed in Section II of this Agreement.
Cancellation may also be authorized at the scene by a Police
officer.
SECTION VI - EMPLOYEES:
The personnel of Agency (including principals, agents and
employees) are required to be finger printed and photographed,
and shall receive identification cards to be issued by
Metropolitan Dade County, and which must be renewed annually.
Each Agency shall supply to City a list of its personnel who are
required to obtain identification cards as above provided, prior
to being eligible to be called on for vehicle removal service.
Notification of any change in such personnel shall be furnished
to the City Police Department within 72 hours of such change.
Each Agency shall have in its files a Division of Motor Vehicle
report on each tow truck operator it uses.
SECTION VII - STORAGE AREAS:
All Agency s storage areas must conform to relevant zoning
requirements existing now and in the future. All impounded
vehicles and towing vehicles and equipment at Agency's storage
site shall be kept within the confines of the facility and not
upon the public streets, sidewalks or public property.
Agency storage areas must display identifying signs clearly
visible from the street, in conformance with zoning regulations,
to enable persons seeking to locate Agency to easily identify
same.
SECTION VIII - REMOVAL OF ABANDONED VEHICLES:
Solid Waste Department shall furnish a list of vehicles
identified as abandoned, this list shall contain the following
information:
I. Location of vehicle.
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2. Description (including year of manufacture
if known).
3. Color.
4. I.D. Number (if available).
5. License number (if available).
Upon receiving written notice from City Solid Waste Department to
remove an abandoned vehicle, Agency has five (5) days to remove
said vehicle. If removal cannot be accomplished within five (5)
days, Agency must notify the Enforcement Division of the Solid
Waste Department and request an extension.
After pickup, vehicles are to be stored on Agency premises for a
minimum of forty-eight (48) hours, during which time Agency shall
remove and inventory all personal property found in such
abandoned vehicle. Inventory lists shall be forwarded to City
monthly. Such personal property shall be held by Agency for a
period of 48 hours, subject to claim by City or vehicle owner or
designee. Agency shall not charge any storage and/or
administrative fee for an owner or designee to recover personal
property being held by Agency.
Also during this forty-eight (48) hour period, a vehicle owner
may claim his/her vehicle, and pay Agency the towing and storage
charges which may be due in accord with the rates set by this
Agreement.
In order to claim either personal property or the vehicle, the
individual must submit proper identification, driver's license
preferred, and either the registration or title of the vehicle.
If the individual is not the owner, a notarized letter from the
owner authorizing vehicle release must be submitted and retained
by Agency.
After the 48 hour period, Agency shall destroy vehicle. At no
time does Agency assume ownership of said vehicle. Vehicles are
not to be resold except as scrap metal, nor are they to be
stripped of parts and the parts sold separately. Violation of
this provision shall constitute reason for termination of this
agreement. Agency shall provide to City a "Certificate of
Destruction" for each vehicle destroyed, appropriate forms for
which shall be provided by the Solid Waste Department.
Agency shall pay City $ for each vehicle removed in
accord with this agreement. In the event a vehicle i•s returned
to the owner, Agency shall notify City in writing on a monthly
basis and include copies of invoices paid by vehicle
owner/designee. In lieu of the set amount paid to City for
removal of an abandoned vehicle, Agency shall only pay City the
administrative charges due City for any vehicles released back to
owner.
SECTION IX - INSPECTION OF FACILITIES AND/OR EQUIPMENT:
Inspection of facilities and/or equipment shall be made by
members of City of Miami Police Department. These inspections
shall be made at any time during the contract period as deemed
appropriate by City.
Agency shall have all required equipment as detailed in the bid
specifications on all vehicles at all times while engaging in
towing service for City.
SECTION X - LICENSES, PERMITS, ETC.:
Agency must comply with the City of Miami Code, Chapter 42,
Article V. Towing of Motor Vehicles; 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. Agency
must also possess all the licenses, permits, etc., necessary from
Metropolitan Dade County to operate said Agency.
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All licenses, permits, etc., must be kept valid throughout the
term of this agreement.
SECTION XI - COMPLAINTS AGAINST AGENCY:
In the event a complaint by a member of the public is filed about
any Agency, the department receiving the complaint shall notify
the Towing Review Board and Agency. If complaint is in written
form, a copy shall be furnished to Agency upon request at no
cost. A written reply to the complaint must be forwarded by
Agency to the Towing Review Board in care of the Accident
Investigation Unit, Police Department within five working days.
The complaint shall be evaluated by the Towing Review Board to
determine if the complaint should be the basis of suspension or
termination. Files shall be kept by the Towing Review Board
about Agency complaints.
SECTION XII - COMPLAINTS BY AGENCY:
Any complaints by Agency concerning City employees shall be
forwarded to the Towing Review Board in care of the Accident
Investigation Unit, Police Department. Each such complaint shall
be forwarded through proper channels for investigation and a
written reply shall be made to Agency within fifteen working days
of receipt by the Board.
SECTION XIII - MAXIMUM RATES:
In the event Agency returns a vehicle to the owner as provided in
Section VIII of this Agreement, the towing rates set forth in
this agreement shall be charged.
Towing rates set forth in this agreement shall be posted in
easily readable form at the customer point of payment. The
following rates are the maximum allowable for towing services for
City.
A. TOWING RATES PER WRECKER CLASS
Base Rates shall include hookup, unlocking door if necessary, and
towing. Mileage Rate shall be allowed for each mile or fraction
or fraction of a mile to all destinations, with the exception of
a City storage facility.
(1) Classes "A", "D" and "0":
(a) Base Rate........................................$45.00
( i) Towing Agency ....................$35.00
(ii) City Administrative Charge ....... $10.00
(b) Mileage Rate ..........................$ 2.00
(3) Class "B":
(a) Base Rate........................................$65.00
( i) Towing Agency ....................$55.00
(ii) City Administrative Charge ....... $10.00
(b) Mileage Rate ..........................$ 2.50
(4) Class "C":
(a) Base Rate........................................$90.00
( i) Towing Agency ....................$80.00
(ii) City Administrative Charge ....... $10.00
(b) Mileage Rate ..........................$ 3.00
B. AUXILIARY CHARGES
(1) AGENCY ADMINISTRATIVE SERVICES RATE .................$ 10.00
Adainistrative charges may be charged by Towing Agency to
the owner/driver of a vehicle towed or stored by Towing
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Agency, for the execution, filing or sailing of any forms or
documents required by Florida Statutes or local ordinances,
only after a vehicle has been at the Towing Agency storage
facility at least 72 hours and the paperwork requirements
herein referenced have been initiated.
C. STORAGE RATES
Daily Rates for vehicle storage are based on a 24 hour day, each
day starting at 12:01 a.m. In accord with Florida Statutes,
Section 713.78, the initial twelve (12) hours of storage shall be
without charge. Thereafter, the daily rate shall apply,
according to type of vehicle stored, with each fraction of a day
counting as one full day. With respect to stolen motor vehicles,
the below daily charges shall not commence until either: (a)
twenty-four hours after the owner of said vehicle has been
personally notified that the vehicle is impounded and the
location of its impoundment; or (b) seven (7) days after notice
of such impoundment and location has been sent via regular mail
and via certified mail, return receipt requested, to the address
of the owner as reflected on the registration or title records of
the state agency having custody of such records, whichever occurs
earlier.
The following are the maximum allowable rates:
(1)
ANY VEHICLE
- First
six
(6) hours..................No
Charge
(2)
Motorcycles
- Daily
Rate
..............................
$ 8.00
(3) Passenger Vehicles - Daily Rate .......................$12.00
(up to and including 3/4 ton truck)
(4) Larger Vehicles - Daily Rate .......................... $15.00
[Including trucks over 3/4 ton, boats (one charge, with or
without trailer), trailers, etc.]
(5) Inside storage - An additional $3.00 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.
SECTION XIV - BILLING:
In the event Agency releases a vehicle to the proper owner in
accord with Section VIII of this agreement, Agency agrees to
itemize fully all bills on standard forms acceptable to City
(sample attached as Exhibit II), and to keep copies of all bills
and invoices on file for a minimum of one year. Such copies
shall be provided to the City upon request.
Itemization of bills shall detail specific types of services
performed and/or equipment used, conforming to the descriptions
and wording provided herein (Class "A" Base Rate, Mileage, etc.).
When bringing vehicle to Agency storage facility, Agency shall
note arrival time.
SECTION XV - COLLECTION AND PAYMENT:
Payments from Agency for pickup of abandoned vehicles shall be
made to City Solid Waste Department based on the list of vehicles
submitted to Agency. In the event a vehicle has been released to
an owner/designee, copies of the bills and invoices paid by the
owner/designee must be submitted along with the regular monthly
payment. Should a designated abandoned vehicle no longer be
available for pickup, it shall be required that Agency
immediately notify City Solid Waste Department and receive
confirmation from City that vehicle is no longer available. Upon
confirmation, vehicle shall be deleted from the pickup list, and
shall not be charged to Agency.
-5-
8'7--242 1 7 _1S
C. #**N
Payments to Agency operating under this Agreement shall be made
by vehicle owner or designee, upon receipt of itemized bills for
services rendered.
It is hereby understood by and between City and Agency that any
payment due to City from Agency shall be payable to City
immediately upon receipt of a notice of termination.
SECTION XVI - ETHICS AND CONDUCT:
Agency agrees to conduct business in an orderly, ethical, and
businesslike manner, and to use every means to obtain and keep
the confidence of the public.
(1) Personnel shall conduct themselves in a courteous and
sober manner so as not to bring any undue criticism to
City.
(2) The owner of Agency shall be responsible for ensuring
that all of his operational personnel shall be of
previous and continuous good moral character.
(3) 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 Agency personnel from a garage
or mechanic is prohibited.
(4) Giving gratuities to any employee of the City of Miami
is prohibited and any violation hereof by a Agency
shall, at the discretion of the City Manager, constitute
grounds for the summary and immediate revocation of this
agreement.
SECTION XVII - SUSPENSION PROCEDURES:
(1) 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.
SECTION XVIII - TERMINATION FOR CAUSE:
The City Manager shall have the right for good cause shown based
_ upon the conditions and terms enumerated in this Agreement, the
occurrence of the below listed events, or for what he may deem to
be the best interests of City, to cancel or terminate any
approval of Agency previously granted. Occurrence of such cause
shall be reviewed by the Towing Review Board, which then shall
make a recommendation to the City Manager. In the event of such
cancellation, prompt notice shall be furnished to Agency by City.
(1) Adjudication as bankrupt.
(2) The filing of insolvency, reorganization or bankruptcy
petition (voluntary or involuntary).
(3) Abandonment of Agency premises or discontinuance of
operations.
(4) The making of a general assignment for the benefit of
creditors.
(5) Making any charge at rates greater than those
established by this Agreement.
(6) Any failure of Agency to receive, inspect, verify, and
approve the "Proper Papers" necessary for the release of
-6-
8'7-242 (746
C V
a vehicle prior to release of that vehicle. "Proper
Papers" are defined as proper 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.
(7) In the event Agency has possession of a vehicle
identified by the Police Department as stolen or as
essential to a Police investigatio: said vehicle shall
not be released to owner or designee until Police
Department provides written authorization to release it.
Unauthorized release shall constitute cause for
termination.
SECTION XIX - COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Both parties shall comply with all applicable laws, ordinances
and codes of Federal, State and Local Governments.
SECTION XX - 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 delivered by personal service, or by
registered 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 which personally served; or, if by mail, on
the fifth day after being posted or the date of actual
receipt, whichever is earlier.
CITY OF MIAMI AGENCY
Address Address
(2) Title and paragraph headings are for convenient
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 provisions, paragraphs, sentences, words or
phrases 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,
paragraphs, sentences, words or phrases 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 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 XXI - OWNERSHIP OF DOCUMENTS:
All documents developed by Agency under this Agreement shall be
delivered to City by said Agency upon completion of the service
required pursuant to this Agreement and shall become property of
City, without restriction or limitation on its use. Agency
agrees that all documents maintained and generated pursuant to
this contractual relationship between City and Agency shall be
-7-
87-242 17 -/ 7
W
subject to all provisions of the Publice 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 Agency pursuant
to this Agreement shall at all tines remain the property of City
and shall not be used by Agency for any other purposes whatsoever
without the written consent of City.
SECTION XXII - NONDELEGABILITY:
That the obligations undertaken by Agency pursuant to this
Agreement shall not be delegated or assigned to any other person
or firm unless City shall first consent in writing to the
performance or assignment of such service or any part thereof by
another person or firm.
SECTION XXIII - AUDIT RIGHTS:
City reserves the right to audit the records of Agency which
pertain to this Agreement at any time during the performance of
this Agreement and for a period of one year after final payment
is made under this Agreement.
SECTION XXIV - AWARD OF AGREEMENT:
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 XXV - CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to the
laws, statutes and case laws of the State of Florida.
SECTION XXVI - SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein, their
heirs, executors, legal representatives, successors, and assigns.
SECTION XXIII - INDEMNIFICATION:
Agency shall indemnify and save City harmless from and against
any and all claims, liabilities, losses and causes of action
which may arise out of Agency's activities under this agreement,
including all other acts or omissions to act on the part of
Agency, including any person acting for or on its behalf, and
from and against any orders, judgments or decrees which may be
entered and from and against all costs, attorneys' fees, expenses
and liabilities incurred in the defense of any such claims, or
the investigation thereof.
SECTION XXVIII - CONFLICT OF INTEREST:
(1) Agency covenants that no person under its employ who
presently exercises any functions or responsibilities
in connection with this Agreement has any personal
financial interests, direct or indirect, with City.
Agency further covenants that, in the performance of
this Agreement, no person having such conflicting
interest shall be employed. Any such interests on the
part of Agency or its employees, must be disclosed in
writing to City.
(2) 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)
-8-
8'7--242 / 7 -/8'
and the State of Florida, and agrees that it shall
fully comply in all respects with the terms of said
laws.
SECTION XXIX - INDEPENDENT CONTRACTOR:
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 or 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 XXX - TERMINATION OF CONTRACT WITHOUT CAUSE:
City retains the right to terminate this Agreement at any time
prior to the completion of the services required by this
Agreement without penalty to City. In that event, notice of
termination of this Agreement shall be in writing to Agency,
which shall be paid for any services performed for which City is
responsible for payment under the terms of this Agreement, which
were performed prior to the date of its receipt of the notice of
termination. In no case, however, shall City pay Agency for
services performed under this Agreement for which responsibility
for payment was not City's.
It is hereby understood by and between City and Agency that any
payment made in accordance with this Section, to Agency shall be
made only if said Agency -is not in default under the terms of
this Agreement. If Agency is in default, then City shall in no
way be obligated and shall not pay to Agency any sum whatsoever.
SECTION XXXI - NONDISCRIMINATION:
Agency agrees that it shall not discriminate as to race, sex,
color, age, creed, national origin, or handicap in connection
with its performance under this Agreement.
Furthermore that no otherwise qualified individual shall, solely
by reason of his/her race, sex, color, age, creed, national
origin, or handicap, 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, Agency shall
not discriminate against any person on the basis of race, color,
creed, handicap, age, sex or national origin. All persons having
appropriate qualifications shall be afforded equal opportunity
for employment.
SECTION XXXII - MINORITY/WOMEN PROCUREMENT COMPLIANCE:
Agency acknowledges that it has been furnished
a
copy of
procedural provisions therein, including any amendments thereto.
SECTION XXXIII - DEFAULT PROVISION:
In the event that Agency shall fail to comply with each and every
term and condition of this Agreement or tails to perform any of
the terms and conditions contained herein, then City, at its sole
option, upon written notice to Agency may cancel and terminate
this Agreement, and all payments, advances, or other compensation
paid to Agency by City while Agency was in default of the
provisions herein contained, shall be forthwith returned to City.
-9-
87-724 ^
0.
SECTION XXXIV - 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 XXXV - INSURANCE:
Agency shall maintain in force for the length of this agreement,
liability insurance providing coverage for any claims arising out
of the ownership, maintenance, or use of any premises, the
ownership or use of any motor vehicle, and any operations of the
Towing Agency at any site, with at least combined single limit of
$500,000 per occurrence for bodily injury and property damage
liabilities. Agency shall also provide Contractual Liability
coverage sufficient to cover the liability assumed by this
agreement and legal liability coverage sufficient to pay all
sums the Towing Agency legally must pay as damages for a loss to
a vehicle left in the Towing Agency's care while the agency is
attending, servicing, repairing, parking, or storing such vehicle
in the same amount of $500,000 combined single limit. City shall
be named as an additional insured on the above mentioned policies
and coverage.
Agency shall obtain and maintain in force during the life of this
agreement, Worker's Compensation insurance as required by Chapter
440, Florida Statutes.
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 General Services Administration Department.
Agency shall furnish a copy of insurance policies indicating
compliance with these requirements prior to the execution of this
contract and upon each renewal of the coverage that may occur
during the term of this contract. The policy or policies of
insurance required shall be written in a manner such that they
may not be canceled or materially changed without 30 days advance
written notice to the City of Miami, General Services
Administration Department.
SECTION XXXVI - 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 shall be binding on either party unless in writing and
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 the day and year first above written.
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
ATTEST:
MATTY HIRAI By CESAR H. ODIO
City Clerk City Manager
-10-
8'7-24 c 7•�
ATTEST: CONTRACTOR:
By
Corporation Secretary Title
(Seal)
WITNESSES:
As to CONTRACTOR
(NOTE: If CONTRACTOR is not
a Corporation, two
witnesses must sign.)
APPROVED AS TO INSURANCE
REQUIREMENTS:
Division of Risk Management
APPROVED AS TO FORM AND
CORRECTNESS:
LUCIA A. DOUGHERTY
City Attorney
-11- •
87-242
E.
Z:IT`:• CF i:2.1'!I , F LOrI10A
: SPECiF ICATIONS ZONE LOCAT:ONS
TO! i R I K ERV SERVICES
THE INSTRUCTIONS TO UDDERS, PROPOSAL, QUALIFICATION
FORMS AND THE GENERAL SPECIFICATIONS ARE A PART OF THIS
CONTRACT AND ARE FURTHER SUPPLE14ENTED BY THE SPECIAL
PROVISIONS CONTAINED HEREIN. IF THERE ARE ANY INCONSIS
TENCIES BETWEEN THE SPECIAL PROVISIONS AND THE ABOVE
MENTIONED ITEMS, THE SPECIAL PROVISIONS SHALL GOVERN.
2. 1 ri _. Tion nF WOK;
ZONES, . s a t #THE ZONES COVERED? IN THIS AGREEMEir'
ARE AS DEFINED BELOW AND PER TH5 ATTACHED MAP OF SAME:
ZONE NORTH .'
O I TY LIMITS
EAST:
To BISCAYNE BAY, INCLUDING WEST -END
OF BRIDGE ON 79 STREET CAUSEWAY,
PRIOR TO NORTH BAY VILLAGE, CITY
•
LIMITS a
SOUTH:
NGRTHS IDE OF N.E. 46 STREET AND Ufi •
46 ST, BUT NOT INCLUDING 46 STREET
NEST:
CITY LIMITS
ZULU NORTH:
To INCLUDE N.E. 46 STREET AND
N.W. 46 STREET
EAST:
TO BISCAYNE BAY
SOUTH: •
• • TO NORTHS I DE OF N.E. 20 STREET AND
N.i1. 20 STREET, OUT NOT INCLUDING 20 ST,
WEST:
CITY -LIMITS, INCLUDING U-1. 306 STREET
STRIP TO RAILROAD TRACOKS .
WHE I I NORTH.
To 'N. E. 20 STREET AND N.tt. 24 STREET
INCLUDING 20 STREET
EAST:
TO BISCAYNE BAY, INCLUDING BISCAYNE
ISLE AND SAN MARCO ISLE.
SOUTH:
fluor RIVER
WEST:
f•IIAMI RIVER TO THE POINT WHERE 27 AVE.
AND N.W. 20 STREET HEET.
87-242 17 -
A
A
I o N. if LL.i STREET. te. rJES T Q[�' i 7 AVENUE
SST: bOUTH SIDE OF MiAMI RIVER TO N.W. 17
Atli,. N UIE.1 BUT NOT INCLUDING 17 A,1'ENL'E.
SOU T c{ : F AGLER STREET WEST OF 17 AVENUE TO
37 AVEnuE, S J1. S STREET WEST OF
soil. 39 AvENUE
WEST: CITY LUMITS, INCLUDING TAMIAru
M CANAL ROAD.
N^ V N4RTHs' M.IAMI RIVER
EAST: TO BISCAYNZ BAY, INCLUDING RICXZNZ-AC?'ER
CAUSEWAY TO MIDDLE OF SECOND BRIDGE,
AND VIRGINIA KEY.
SOUTH: TO BISCAYNE BAY, INCLUDING CLAUGHTON
ISLE.
�►'EsT:, To N.W. AND S.W. 17 AvEmuE INCLUDING
17 AvviuE. .
SOP;" V' Nw-1 H.: FLAGLER STREET EAST OF 37 AVEm.
EAST: TO SM, 17 AVENUE BUT NOT INCLUDINGT
17 AVENUE.
SOUTH: To BISCAYNE BAY, INCLUDING FAFR ISL
TO NORTH PROSPECT DRIVE $
CITY LIMITS.
3
- --- - 877242 17•4
TUITNG %OPIES
CITY, OF ►;:,;•tip I'�ORIBA
s.u. s St.
20 St.
Q+ r .
.�
J
.0 I
CJ tY:
C1
tt Prospect Dr.
lyfa...
A.
13 7-2406 ! 7 —2q
m
Ta.V a SIGRAGE
*ul"OAREO GY
LOLL FUL
WLg STAnT
IOIAL UALL
m RECEIVES Ur -
WIT
UZ4 IT
opriu-101,
PATE
ROAD S.
T114E
MATES Pt•
DIVER
STORE
cirl
ri
i i l i ':e perni t tccl to -,cC I n work pursuant to any purchase r
ti:•:y i::.vtt obtoinc:t3 insurance coverage as spec-i f i :c: aclo::. Vor
uhot:1d rev iaw these rer•aircnents carefully as no Mad.fication of
:c-ui:a;.cr.t:. rill be nade after Conclusion of the hidding process.
2. A1: r ,uir2d insurance s11r11 be :mitten on cn occurrence basi3 un
ether+ri;;e specified.
3. the vendor is required to name tho City as an Additional Insured cn t.
pc i i cy or �.ol i ei es, it is the intent of the City t1lat the required cover
shall to primarily in the event of any loss arising cut of perils or ha33
Covered by those policies.
4. All insurance policies required must be written by a company or cos.ec
rates at least "All a3 to management and at least "Class Y" as to finane
stren?th in the latest edition of the Beat's Insurance Guide, published
Alfred M. Best Co., Inc., Fulton Street, 4New York, :t. Y.
S. The successful vendor will be expected to furnish a Certificate of Incura.
to the City clearly indicating conformance with these require=nt
Certificates should be forwarded to:
City of Miami
Finance oapartment/RISK MANAGMENT DIVISION
65 S.iJ. 1st Street
Mimi, Fl. 33130
6. Any questions pertaining to insurance requirements should be directed to
Risk Management Division at the above address, or telephone 579-G050.
COVERAGE REQUIRED:
1. LIABILITY: The vendor shall obtain and maintain in force for the l:n;
of this agreement Comprehensive General Liability *Insurance Coverage
its equivalent with at least a combined single limit of $500,000.ne
occurrence for bodily injury and property damage liability.
2. COVERAGE: The following extensions of liability coverage thsll,
included in the required policy or policiez.:
Cov�era _e Limits '
Products and Completed Operations CSL
Broad Force Property Damage CSL
3. t:ORKERS COMPENSATION: Me contz4ctor shall obtain and maintain in ,nor:
during the life of this agreement Worker's Compensation insurance*
.
required by chanter 440, Florida Statutes.
4. CANCELLATION OR MODIFICATION: The policy or policies of insuran
required shall be written in a mannor such that the policy or nolic;k
r..ay not be cancelled or materially changed without
�dv_nc
written notice to ti:e City of i�Jiawi. trlritten notice sh311 be cent t
Risk tiaragement Division/Uapartwent of Finance, at the above address.
S. AMITIOIJAL INSURED ENDOnSEi• ENT: All liability insurance policies steal
be indorsed to na-a the City of taiaoi ao an .ldditional Insured. T: ,Additional Insured enelorscme:nt may be qualified to restrict the of the City of Miami a3 an insurad to tlios.: hazards within the seoge c tree Contract.
87-242 ! -.26
J-uS-)Sd
,?'0:'IA:1C: !10 - 10 0 6 w
'N 0n,Ir,:1NCE RECZ ':T 9` 5
i.4 !1:'1uq I TY ?4 C' RE "I:! ✓ l3unA11 0Rll:li!J. C'
CIIY OF M:A.A r"L;11!7" A%I SUBS '11uTING
*HEI"OR A NEW M1110RI"Y ao1�UIE"1ENT ?R0GAAt'
0a011A110E TO a ,!Iit11 NO CITED AS "THC
M1HCRITY -•;D 40MEt1 JJS:'J?53 AFFAIRS Ali
1R0CUREME11T CROINANCE OF "HE .:TY OF MIAMI,
FLORiDA," ESTAGLISHI!IG A-IIHORITY 010 WOMEN
0USIHESS AFFAIRS PROCUREMENT PROGRAM ANU
COMMITTEE; PROVIOING FOR THE CnEAT:O!1 BY THE
CITY MANAGER OF AN OFFICE OF 411JORITY AND
WOMEN 0USI?IESSO AFFAIRS A110 PROCUREMENT;
r'URTHEii SETTING FORTH A GOAL OF ,WARDING AT
LEAST 51 PERCENT OF THE CITY'S TOTAL ANNUAL
DOLLAR VOLU4E OF ALL PROCUREMENT E:IPENOITURES
TO BUSINESSES OWNED OY BLACKS (175),
HISPANICS (17:), AND WOMEN (110); AUTHORIZING
THE CITY MANAGER TO PROVIDE FOR MINORITY AND
WOMEN -OWNED BUSINESS ENTERPRISE PROCUREMENT
SET -ASIDES AND CONTRACT PROVISIONS; PROVIDING
FOR THE OEVELOPME4T OF PROCEDURES, MEASURES
AND RESOURCES TO IMPLEMENT SAID PROGRAM,
GOALS AND OBJECTIVES; AND CONTAINING A
SEVERABILITY CLAUSE.
WHEREAS, Ordinance No. 9775 dealing with rinority
procurement has been found to be in need of revision and
modification to strengthen the effectiveness of the City of
Miami's Minority Procurement Policy and Program; and
WHEREAS. the City Commission, in repealing Ordinance no.
9775 and in adopting and substituting therefor the herein
Minority and Goren Business Affairs and Procurement Ordinance is
authorised pursuant to the Charter of the City of Miani,
Sections 52 and i9; and the Municipal Home Rule Power, Are of
1973, Chapter 166.001 et seq., Florida Statutes, as amended; and
WHEREAS, the U.S. Supreme Court has upheld Dade :ounty
Ordinance No. 82-A7. adopted July 20. 1984, restricting bidding
on construction projects to Slack -owned firms when prior
unwarranted discrimination has been proven; and
WHEREAS, findings of a City of Miami Minority Procurement
Disparity Study indicated a substantial exclusion of minority
and women -owned businesses from the City's procurement process
for the fiscal years between 1071 and 1981; and
WHEREAS. this Ordinance will prevent the perpetuation of
the effects of prier unwarranted discroinati0n which has
f37-242 t 7--.2 7
nr,r?LJfpr i'1p�irn;, 11ited )r fpr��1G5�1„!^proCur�m�nt and
con:ricting cppartunit!es for Su4in:,SSOS owned by 31ack5,
iiiSfJr.iCs :nd Women with t;13 .ity of 'tiami; and
ilHE.gEAS, the :it;i of N!aml has estdol i;;7ed a Pot?"� Jf
.onstructive affirmative action :o elininite su0stantiaiiy the
effect:, of prior 11scri,,:ination; and
4HE11EAS, the proposed iincrity and ►tomen Business nffeirs
and Procurement Program and Policy contains requirements: tat
that those who contract with the City of niami in the areas of
Procurement shalt not discriminate against any business,
employee or applicant for employment because of age. ethnicity,
race, creed, color, religion. sex. national origin, handicap, or
marital status; and (b) that such city contractors have and
impiement an Affirmative Action or Equal Employment Opportunity
policy to ensure that such businesses, employees or applicants
for employment are treated equally without regard to age,
ethnicity, race, creed. color. religion, sex, national origin.
handicap or marital status, and
WHEREAS, implementation of this ordinance will serve the
best interest of the City and Mill maximize the opportunity for
small business concerns owned and controlled by Blacks.
Hispanics and Women to procure or contract with the City of
Miami in the area of procurement; and
WHEREAS, to be effective it is necessary and desirable to
establish for the City of Miami a Minority and Women Business
Affairs Procurement Program with the appropriate goats,
objectives. administrative procedure and resources; and adopt
legislation remedying the affected Hispanic, Black and Women•
owned businesses;
NOW, THEREFORE, BE IT ORDA14ED BY THE COHMISSIOn OF THE
CITY OF MIANI, FLORIDA:
Section I. This Ordinance shall be known and may be cited
as 'The Minority and Women Business Affairs and Procurement
Program Ordinance of the City of Miami."
Section 2. For the purpose of this Ordinance, the
following terns phrases, words. and their derivations shall nave
the f011owir? meanings:
2
^CG 2
nagir.nr., "n•.erpri,e nC,1nS So�'porati�n,
psr`nor,'l;.).individual, sale proori•otorshl,,, j;int s:oc%
c -,1^any, Ioint vent:ire. profeaslunil assoc' ati ;n .r any Other
la.ai entity that {s properly 'licensed to du ,usi,e;; ;iitn tn•;
City of Miami and/or Dade Ccunty and/Dar the 'Jtate of Flcrida.
u. Ni.iarity and Women-Jwnpd O:'siness Enterprise •Deans
a business enterprise in which at 1 e ! s t Si percent of sail
enterprise is owned by Blacks, Hisoanics or Wam, en whose
management and daily business operations are controller: by one
or more Blacks. Hispanics or Women.
C. Contract means agreements for the procurement of
goods, services or construction of facilities for the City of
Hiami.
o. Facilities means all total or partial publicly
financed projects including, but without limitation. unified
development projects, municipal public works and municipal
improvements to the extent they are financed with City money,
utilize City property, or require City services.
E. Goods and services include, without limitation.
public works, improvements, facilities, professional services.
commodities, supplies, materials and equipment.
F. Goal means the percentages of the annual dollar
volume of procurement expenditures determined by this ordinance
to be offered for Minority and Women business participation.
G. Set -aside is the terra which will be used to
designate a given purchase or contract or a jorti on of a gi -•gin
purchase or contract award for Black, Hispanic and/or Women -
owned businesses. Set -asides may only be utilized where it is
determined, prior to the invitation to bid or request for
proposals, that there are a sufficient number of certified
Black, Hispanic and/or women -awned businesses to afford
effective competition for the purchase.
H. Joint 'Venture shall mean an association of persons
or legal entities with the intent to engage in and carry out a
single business enterprise for profit.
3 -
�06 ='
877242 7 �,
Eiovn4 Iturer ;haIlowl�)n a ourahase,
payment, distribution, iaan or aO,!ance for the purpose of
acquiring or orovi]ir5 vads and services.
J, ffirn3tive Action plan sha'1 iMCI Uce th^
projected annual goals and the tinictaules rrn!ch Wit. to used to
employ and/or procure wit.1 +oomen and nincriti2s a ion.
discriminatian policy statement and any other actions +rich will
be used to ensure equity in employment and the utilization of
,minority and female -owned businesses.
Section 3. A Minority and Woaien Business Affairs and
Procurement Program for the City of Miami is hereby established.
The City Manager's Office shall be held accountable for the full
and forceful implementation of the Minority and '.Women Business
Affairs and Procurement Program by providing appropriate
recommendations for action by the City Commission.
A. for the purpose of assisting the City Manager In
the implementation of said program, a minorit7 ano women
Business Affairs and Procurement Committee is hereby
established, consisting of an appropriate number of members, to
be appointed by the City Manager, with full representation of
Hispanics, Blacks and Women to be responsible for monitoring the
implementation of the program and making recommendations for
achieving the requirements of this Ordinance. The Committee
shall be responsible for generating yearly progress reports to
the City Commission and the community at large.
D. The City Manager shall, utilizing existing
resources, create an Office of Minority and Women Business
Affairs and Procurement; and shall provide the aporopriate staff
and resources necessary for the performance of all such
administrative duties authorize and Implement the
administrative guidelines and procedures required; and ensure
compliance with the functions required to promote the
achievement of the program's goals and objectives of increasing
the volume of City procurement and contracts with Black,
Hispanic and Women -owned businesses.
a 1cGe
87-242
•nr010d. 'h, ahl.,ctIve Of :he f;ItY I1.00 ac11faso a OOJ1
dwdr'llnr a ".0ntmun of il, of ;ho total annual Col'ur voIune
Of a -lent eitDenditur!!5 to 91JCk5, -11spin !CS and Wono'1-
owr,_d bUslnesS enterprises to 'e jr�or:toned as f.))Jws:
Seventeen percent (i7Z) to .3)ar. " , saventeQn JdrCent (t7%) t0
Hispanic% and seventeen percent (170.) to Womon.1
A. To further the goat of increasing the total arnuJ+
'tolume of all ;roeurement expenditures to minority and women.
owned business enterprises, authority for a minority and women•
owned business enterprise procurement set -aside Is heresy
established for use by the City Manager as he or she may deem
advisable or necessary to increase the participation of Black,
;lispanic and Women -awned businesses in City procurement
contracts.
8. It shad be mandatory for all City of Miami
contracts and/or procurement award documents to contain the
following:
(1.) A specific reference to the applicability
of the Minority and Women Business Affairs and Procurement
Program established by this Ordinance;
(2.) A provision stating the right of the City
to terminate and cancel any contract or contractual agreement
entered into. including elimination of the individual(s) and/or
business enterprises) from consideration and participation in
future City contracts, on the basis of having submitted
deliberate and willful, false or misleading information as to
his. her or its status as a Black, Hispanic and/or 'Women -owned
business enterprise and/or the Quantity and/or type of minority
and women -owned business participation;
(Z.) A requirement that each successful bidder
or offeror agree to provide a sworn statement of compliance with
the provisions of this Ordinance and its specific applicability
to the purchase or contract award under consideration; such
statement shall certify :hat the bidder or offeror, during the
1 Women. depending, upon their own annual self-selection, shall be
listed in only one (1) of the categories: race, ethnicity.
gender.
87-242 •3i
course ot0 me involvel en the performaacei the contract
sought by such bidder or offeror, shall not •liscriminate against
any business, employee or applicant for employment because of
z
age, ethnicity, race, Creed, calar, religion. sex. national
origin, handicap or marital status;
(a.) A statement of the extent to which the
business enterprise has as one or more of its partners or
;rincipals persons who are Black, Htspanic or Women. or is a
joint venture C'omorised of a non -minority and minority business
and/or .iomen-owned enterprise.
(S.) A requirement that each bidder submit along
with the bid or proposal an Affirmative Action Plan (AAP). Any
significant equity participants, joint venture participants,
sub -contractors, suppliers or other parties tc the bid or
proposal shall also be required to submit such plans.
(6.) A provision specifying the requirements for
continued bidder or offeror eligibility including minority and
female involvement.
Section S. Bidders or offerors shall be required to
demonstrate a reasonable and good faith effort to solicit and
obtain the participation of qualified minority and women -owned
businesses in all bid and proposal documents.
Section 6. except where federal or state law or
regulations mandate to the contrary, the provisions of this
section will be applicable to all City of Miami, prebid, bid,
Contract or other agreements negotiated by the City;
Section 7. . The Minority and Women Business Affairs and
Procurement Program established herein shall be in effect only
until such time as the effects of prior unwarranted
discrimination against Blacks, Hispanics and Women have been
compensated for, at which time the goals and set -asides provided
for herein shall no longer be observed. Such need shall be
reviewed every two years by the City Commission, uporr the ,
recommendation of the City Manager.
Section S. Ordinance No. 9775. the Minority Procurement
Program Ordinance of the City of 41 ami. Florida, is hereby
repealed.
'a
- _ ___- _ _•f-.i Jett 3;f`.`
w
+• .�'1. l' ssy ptr! •tr prQvisIOr• thi. 11r;Inance
�n 1CC .IrNa•9y a '3urt )f ccoo!2tent jUr1;ltctl'jm to to I1V311d,
;arsr. ;Ia11 n;t Iffnet th,; vaIIj.ty of the Ordinance ,.s J wh,),e
ASSZ0 ON -1RST R:A01.4u Y i:T_„ ;':LY th'S udy if
D-ASSED All0 AC0P.c0 ill SECONO N110 FINAL @Y i iT:E
0':L'f t h 1 S 1?th day of=ecen+o:r 19u5.
AT TEST: Al,
City Cler+
PREPARED AND APPROVED BY:
JZO! a
Deputy City —Attorney
APPROVED AS TO FORM AND CORRECTNESS:
' City Attorney
AOJ/woc/ob/ab/0156
1C0c?���
;1r•'t?'.'t''�'I• ii::i) :�I::i::::'i;,ijl'aJ
1
vEsoLUi!oCl Oi' s ;:t)?'!:STS (City C. <-da Sect icn 1C-3v. I , t
,a• ►tit to L ,-t(3st. Ar.y act-,::, or iirosl:-,•� c;tLvv
party vi 5.3 2e31s aggrieved in ::cnr.action
solicitation or :ward of a• contract ;iav protest to th-
chief procurement o)4 icer. The protest sha:� ba su nitted
in ::riting within fourteen (14) days after such cg,rievad
part'v knows or should have :mown the facts giving ri-MQ zc
the action complained of.
(b) Authority to resolve protests. The chief procurement
o ficer shall have the authority, subject to tha approval
of the city manager and the city attorney, to settle
resolve a protest of an aggrieved actual or prospec:iv:
contractual party concerning the solicitation or awar�; of
the contract in question. Provided that in cases involving
more than four thousand five hundred dollar 04,500.00),
the decisions of the chief procurement officer must be
approved by the city commission after a recomaendation Ito
the city attorney and city manager. The chief procurement
officer shall obtain the requisite approvals and
communicate to the protesting contractual party; or
alternatively if the account involved is greater than :our
thousand five hundred dollars ($4,$00.00), sub:cit a
decision to the city commission within thirty (30) clays
after lie receives the protest.
(c) Compliance with time requirements. Failure of an aggrieve::
party to submit a protest within the time provided in
subsection (a), above, shall constitute a forfeiture o:
such party's right to complain and shall bar any legal
action therefor by such party. Failure by the :ity
officials to comply with the time requirements provided in
subsection (b) shall entitle the aggrieved party, at its
option, to bypass the provisions of this seet.ion and to
institute legal action immediately. (Ord. No.
6 1,2-20-83).
87-242=3q
i)L':3,1;%. �L.4T A i) ;,%::; '!': !; IptJ
Cy Ue 'mia".tl Cod,.' :iIJC. il;��iU•i
(a) tauthoT:t! ar.J rn^' .i^ncnt CQ int. sucpont..
r'a•C • az.,onaL•i nOCit:C. to 17 actual Cr .=J.,Oe. i .0 a: r...I1C_Ja: � �.► _;,',
•2r.J nftc: r-cazenaible opportunity to 5ucli party to Le hca:;s, ':tic
mana�3cr, after cut aultat`on :1i'.n the chioi prccurCmcut e::ic^
city aptorneV, s .all h.Svc Ci:? authorl`:.j, to dQb-,o it
for th= cause: listed bode:, frc.m con;,ic:e:atic- *cr a..ard o= c:
contracts* rho datarmcnt e � i a shall b For .. rc.cc: oc not f� :c:
thr c2 (3) year C,. the city canagcr shall alto '.have tho author i t,✓ to
suspend a eont:actor Cron consideration. for a -ward or city contracts, is
there in a probable cause for debar^ont, pending the da:barment
determination, the authority to debar and suspend contractors s::all be
exercised in accordance with regulations which shall be issued by the
chief procurement oiCiccr a!tcr approval by the city manager, the city
attorney, and the city commission.
(b) Causes for debarment or suspension include' the fol!owirc:
1. Conviction Ccr commission of a criminal. offense incident to
obtaining or attempting to obtain a public'or private contract or
.subcontract, or incident to the perCormance 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 ofianso indicating a lac!:
of business integrity or business honest!:
3. Conviction under state or Cedcral antitrust statutes arising, cttt
of the submission of bids or proposals;
4. Violation of contract provisions, which is regarded by the clue:
procurement oCficer to be indicative of nonresponsibility. Cuch
violation may include failure without good cause to per:ora 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 basic for dcL'armcnt or suspcnc%c:%:
S. Dabarment or aurpension of the contractual party by i4ny tcc%,ra 1.
state or outer governmental entity:
G. False certificati= ourcua:nt to paragraph (c) below; or
7. P.-ay other causa: judged by the city =nagcr to be so scr, ious and
compelling as to affect the responsibility of the contractual
party conforming city contracts.
(c) Certification: All contracts for goods and services, and leases by
the city shall contain a certification that neither the contractual
party nor any of its principal owners or personnel have been
convicted of any of the violations sot forth above or debarred or
suspended an set forth in Paragraph (b)(5).
The undersigned hereby certifies that neither the contractual party nor any
of its principal owners or personnel have boon convicted of any of tiie
violations set fortis above, or debarred or suspcnded a3 sac forth in
paragraph (b)3.
Coapany mane:
Signature: (RE=RN WITH BID SHEET)
Uato:
FAILURE TO COMPLETE, SIGP7, AND RETURN THIS FORM MAY DISQUALIFY THIS BID.
8'7-242
4*
CITY OF MIAMI, FLORIDA
INTEROFFICE MEMORANDUM
TO: DATE: 0 ,R 5- '198
The Honorable Mayor and Members In FILE:
of the City Comm' sion Resolution Authorizing
SU•JECT: Issuance of a Request
for Proposals for
Removal of Abandoned
FROM: Cesar H. Odlo REFERENCES: Vehicles
City Manager
ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the issuance of a Request for
Proposals to furnish removal of abandoned vehicle services to the
City of Miami, Department of Solid Waste.
BACKGROUND:
The General Services Administration Department has coordinated
the development of a proposed Request for Proposals (RFP) and a
Sample Agreement, working with the Departments of Police, Law,
Solid Waste and Off Street Parking, and representatives of the
towing industry.
A proposal for the provision of removal of abandoned vehicles and
towing and wrecker services to the City was presented to the City
Commission at the February 12, 1987 City Commission meeting. The
proposal was not acted upon and staff was asked to work further
with representatives of the towing industry. The proposal was
revised on the basis of meetings with industry representatives
and meetings were held February 18 and March 2, 1987. Further
revisions were made as a result of those meetings.
A key change was the splitting of the towing contract from the
towing of abandoned vehicles, these are being presented as two
separate packages. The enclosed RFP and agreement is for removal
of abandoned vehicles services to the Department of Solid Waste.
Attachments
cc: Law Department
`�V
i
17
1-7-1
87-242 �