HomeMy WebLinkAboutR-87-0252J-87-238
3/13/87
RESOLUTION NO. 87�252!
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REQUEST FOR PROPOSAL IN SUBSTANTIALLY THE
ATTACHED FORM, TO FURNISH TOWING AND WRECKER
SERVICES TO THE DEPARTMENT OF POLICE, FIRE,
RESCUE AND INSPECTION SERVICES DEPARTMENT,
AND THE DEPARTMENT OF OFF STREET PARKING.
WHEREAS, the City of Miami Department of Police requires tow
service in order to remove vehicles from accident scenes.
vehicles posing a traffic hazard, scofflaw vehicles, stolen
vehicles, recover and remove vehicles from salt or fresh water,
and other similar situations requiring vehicle removal and
storage; and
WHEREAS, the Department of Off Street Parking requires tow
service to remove illegally parked vehicles and vehicles parked
in a hazardous fashion and scofflaw vehicles; and
WHEREAS, the Fire, Rescue and Inspection Services Department
may from time to time require special towing services;
WHEREAS, it has been found that utilization of private
towing companies within the City of Miami effectively provides
the services needed; and
WHEREAS, there are a number of private towing 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 applications to furnish towing and wrecker services on an
as needed basis to the City of Miami Department of Police, and
the Department of Off Street Parking.
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.
ATTACHMENTS
CONTAINED
CITY COMMISSION
MEETING OF
MAR 13 1987
No.
PASSED AND ADOPTED this 13th day of arch , 1987.
r
XAVIER L. SUA , MAYOR
ATTES
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
)6,1.j
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED �;0 FORM AND CORRECTNESS:
LUCIY'A. pOUGHERTY
CITY ATTORNEY
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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 towing and wrecker' services inclusive of labor,
materials and equipment on an as needed basis to the City of
Miami, particularly the Department of Police, the Department of
Off Street Parking and the Fire Department.
2. CONTRACT TEP14
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 TOWING AGREEMENT
Attached hereto is a sample towing agreement (Attachment A) which
contains further specifications for the provision of towing
services. 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. Agreement/s may be modified to apply to the
particular class of service addressed by the agreement.
4. DEFINITIONS
Towing Agency means a company engaged in the business of towing
vehicles from one location to another within the City of Miami.
S. QUALIFICATIONS OF APPLICANTS
All Towing Agencies that submit applications for consideration
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. Towing Agency must be located in the City of, Miami,
preferably in the zone for which an application is
being submitted. Zone locations are attached as
Exhibit I of the sample agreement.
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4. Towing Agency premises must be properly identified by
signs on the exterior of the structure, i.e. visible
from the adjacent access road.
S. A reasonable state of cleanliness of equipment and
facilities must be maintained. Working areas,
interior, and exterior of structures shall be kept free
of debris and/or articles inappropriate to or
inconsistent with the operation of towing service.
6. Towing Agency must have and maintain a separate
telephone number on a twenty-four (24) hour basis for
incoming police calls in addition to such other
telephones as are necessary for regular business use.
(NO ANSWERING SERVICE, ANSWERING MACHINE OR RECORDED
MESSAGE WILL BE ACCEPTED).
7. 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 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 (100') 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
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(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
(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 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:
E.
(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
Class "O" Wrecker (Overreach, Cradlesnatcher)
Defined:
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This towing unit shall permit fast handling of foreign and
domestic vehicles by the wheels, from the front or rear,
without damage to the fenders, bumpers, body, suspension or
steering of the towed vehicle. The design of the unit shall
allow 90 degree right angle hook up and removal of curb
parked vehicles without moving adjacent vehicles. In
addition, towing unit shall be capable of towing vehicles by
means of a conventional tow sling. Both systems are to be
an integral part of the towing unit, capable of independent
operation and ready for immediate use.
(1) Manufacturer's rated capacity of not less
than 10,000 pounds, GVW
(2) Two (2) hydraulically powered winches with
pulling capacity of not less than 4 tons
each
(3) Minimum of one.hundred feet (1001) of 3/8
inch hemp centered cable
(4) A crossbar on 360 degree swivel attached to
end of towing boom; four (4) nylon straps
(3000 pounds capacity each) with metal loops
attached at each end; a pair of pan and bar
assemblies; a yoke and latch assembly; and a
telescopic tow bar
(5) Universal tow sling with safety chains
(6) Dual rear wheels
(7) One motorcycle sling
(8) Two (2) snatch blocks, 3 ton capacity
(9) Set of scotch blocks
(10) Towing dolly
F. Class "U" Wrecker (Underreach) Defined:
This towing unit shall provide the capability for lifting heavy
equipment, such as 32 ton fire trucks, 18 ton pumper trucks, or
other similar equipment, by use of an apparatus to reach under
the equipment and lift the vehicle by the axles, without damage
to bumpers.
3. Additional MANDATORY Equipment On All Wreckers "A",
"BON, $ICON, "DON, and "0":
A. 50 pounds white fine or medium oil absorbent clay
or sand.
B. 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.
F. Extra towing chain - 6 to 8 feet with hooks.
G. One (1) Axe.
H. One (1) crowbar or prybar - 30" or longer.
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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.
O. 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. Towing 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, lettered "A" through "S", 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 Trucks are to be neat, clean, and give an overall
acceptable appearance.
2. Each Tow Truck shall have standard fenders, hood, doors
and bumper, and be mechanically and structurally sound.
3. Tow Trucks are to be free of body damage which would
interfere with tasks to be performed or distract
substantially from overall appearance.
4. Each Tow Truck shall be lettered commercially with
Towing 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 8A-276, (b).
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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.
S. 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
Applications may be submitted to provide towing service in the
categories listed below:
Category: Type of Service:
1. Class "A" and "D" Service only, in one (1) or more
zones. (In Zone 3 only, Class "0" Service is to be
provided in conjunction with Class "A" and "D"
Service.)
2. Class "B", "C" and "U" Service in one (1) or more
zones.
3. Both Categories 1 and 2 Service in one (1) or
more zones.
In order to be considered to provide Category 1 tow service,
Towing Agency must own or lease, for each zone to be served, at
least five (5) acceptable Class "A" wreckers. For Category 1
service in Zone 3 only, Class "0" Service is to be provided in
conjunction with Class "A" Service. In order to be considered to
provide the Class "A&O" Service in Zone 3, Towing Agency must
own or have a commitment for access to one Class "0" wrecker and
own or lease a minimum of four acceptable Class "A" wreckers.
In order to be considered for the Category 2 wrecker services,
Towing Agency must own or lease one Class "B" wrecker for each
zone to be serviced. Towing Agency must also own or lease one
Class "C" wrecker per zone to be serviced, up to a maximum of
four for multiple zone service. One Class "U" wrecker must be
owned, leased or available to Towing Agency, through a letter of
commitment.
It is the intent of City to select one Towing Agency per zone and
per class of service. However, City reserves the right to select
more than one Towing Agency to provide Category 1 or 2 wrecker
service to one or more zones, or to select one Towing Agency to
provide a class or classes of service to more than one zone. In
the event multiple, contiguous zones are awarded, the City
reserves the right to reduce the number of wreckers required to
provide service to the zones covered.
10. CAPITAL EXPENDITURES
Towing 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 Towing —
Agency must assume. City will not be obligated to reimburse
amortized or unamortized capital expenditures, or to maintain the
approved status of any Towing Agency. If Towing 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
Towing Agencies which meet the minimum qualification standards
shall be considered eligible to tow. The following procedure
will be utilized to select the company who will serve each zone.
1. An invitation to qualify will be made by public notice,
offering all towing agencies an opportunity to submit
an application.
2. A review committee made up of representatives from Off -
Street Parking Department, Police Department, and
General Services Administration Department will review
and evaluate the applications of all applicants in
accord with the specifications set forth herein. The
below factors, will be used by the Review Committee to
achieve a recommendation of Towing Agencies for each
zone. This will then be submitted to the City
Commission, which will make the final determination of
award, selecting from among the Towing Agencies which
are qualified.
a. Compliance with all general and special
conditions, including the insurance
requirements.
b. Involvement of minorities and women in
the business enterprise.
c. Location of payment office and storage
facility in zone to be served.
d. Ability of Towing Agency equipment and
facilities to meet the minimum
qualifications as stipulated, based on
inspections made by the City prior to award
and/or other verification procedures if
required.
e. Experience and past performance of
applicant.
f. Number of qualified applicants per
zone.
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.
13. INSURANCE
Within ten (10) days after notification, the successful applicant
shall furnish Evidence of Insurance to the Risk Management
Division. 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 Applicant to
accept the award, to furnish required documents, and/or to
fulfill any portion of the contract within the time stipulated.
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Following a review and recommendation by the Towing Review Board
to the City Manager, City may by written notice to Towing Agency,
terminate the contract if Towing Agency has been found to have
failed to perform his services in a manner satisfactory to the
City. In the event Towing Agency is found to be in default, any
and all reprocurement costs may be charged against Towing 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 of the City of Miami, Florida
sets forth "...a goal of awarding at least 51 percent of the
City's total annual dollar volume of all expenditures for all
goods and services, to Black, Hispanic and Women minority
business enterprises on an equal .basis." A minority/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 conderning
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 Individuals) and/or business enterprise(s) 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 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.
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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,
suppliers 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
Proposals 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
proposals.
20. DEBARMENT AND SUSPENSION
interest, the City of Miami
receive and award additional
and to make use of other
contracts for the purchase
or to reject any and all
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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0 ATTACHMENT A
SAMPLE TOWING AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 1987 by and between the City of Miami, a
mun c pal 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".
WHEREAS, the City of Miami Department of Police requires tow
service in order to remove vehicles from accident scenes,
vehicles posing a traffic hazard, scofflaw vehicles, stolen
vehicles, recover and remove vehicles from salt or fresh water,
and other similar situations requiring placement of vehicles in
storage locations; and
WHEREAS, the Department of Off Street Parking requires tow
service to remove illegally parked vehicles and vehicles parked
in a hazardous fashion, scofflaw vehicles; and
WHEREAS, the Fire, Rescue and Inspection Services Department
may from time to time require specialized tow services; and
WHEREAS, it has been found that utilization of private
towing companies within the City of Miami effectively provides
the needed services; and
WHEREAS, there are a number of private towing 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 one of three
authorized sources: Police Department, Department of Off Street
Parking or Fire, Rescue and Inspection Services Department.
1. Police Department
All Police requests for tow service and removal of
a traffic hazard shall be made through the "Complaint Center" of
the Miami Police Department Communication Bureau.
2. Department of Off Street Parkina
Requests for tow service shall be made through
enforcement officers.
3. Fire, Rescue and Inspection Services Department
The Fire, Rescue and Inspection Services Chief
shall authorize towing requests.
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. The Towing Review Board shall consist of a staff
person appointed by the Director of the Police Department, the
Solid Waste Department and the Department of Off Street Parking,
a representative selected by and among Towing Agencies having a
contract with City, and an independent party to be selected by
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the City Manager. Operational procedures of the Board shall be
developed by City.
SECTION IV - PERFORMA.YCE 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.
(2) Towing Agency shall provide service within Zone
for Class towing service, and to other
zones as requested in accord with Section IX of
this Agreement. Refer to Exhibit I for zone
locations.
(3) Tow Trucks must proceed to the scene immediately
after Tow Agency receives the correct address from
the Police dispatcher or Off Street Parking
enforcement officer by telephone or radio. Thirty
(30) minutes is the maximum allowable response
time, however consideration may be given to
traffic conditions which could result in delays.
Should Towing Agency anticipate delay beyond
thirty (30) minutes due to said conditions, Towing
Agency shall advise the authorized source of the
request of the estimated time of arrival. Towing
Agency shall not be cancelled unless, in the
opinion of the officer on the scene, another
Towing Agency can respond sooner, taking into
account traffic conditions.
(4) Repeated and unjustified failure of a Towing
Agency to respond within thirty (30) minutes to
calls would be deemed to be a demonstrated
unwillingness or inability to provide the required
standard of service, and be subject to the
sanctions contained in Sections XIX and XX of this
Agreement.
(5) 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 Metropolitan Dade County Identification card, a
copy of which shall be on record with the City of
Miami Department of Police. All tow truck
operators shall have a current valid Florida
chauffeur's license.
(6) Tow truck operators shall comply with all existing
state, county and city regulations ar..d ordinances
at all times.
(7) Tow trucks shall not use rotating beacons when
proceeding to a call unless authorized by the
police dispatcher.
(8) 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.
(9) Towing Agency shall not remove vehicles involved
in accidents prior to the arrival of a police
unit, and only then with the permission of the
assigned police unit.
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(10) 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 he is
responding for the City. This debris shall be
placed in a suitable container and removed by tow
truck operator and shall, in no case, be left at
the curb -side. Tow truck operators shall be
directed in this task by the police unit assigned
the call.
(11) Towing 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.
(12) Towing Agency shall not make any repairs to any
towed vehicle without the express consent of the
owner of the vehicle or his agent.
(13) Towing Agency's file shall contain a list of all
vehicles on the premises, copies of all itemized
bills, copies of notices sent to vehicle owners
and proof of mailing as required by law and this
Agreement, records of payment by customers,
records of payment to City, and 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 Towing
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 or Off Street Parking enforcement officer.
In the event hookup has taken place and it is necessary to drop
vehicle prior to commencing a tow, a charge not exceeding one-
half the regular towing rate, according to the Class of tow, may
be made. In the event an owner could drive his or her automobile
away, and the only service needed is to pull the bumper or fender
which, if this was done, the automobile could be driveable; a
charge not exceeding one-half the regular towing rate, according
to the class of tow, may be made, if this service is performed.
No City administrative charge may be made for these services.
SECTION VI - EMPLOYEES:
The personnel of every qualified Towing 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 Towing 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
towing service. Notification of any change in such personnel
shall be furnished to the City 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 it
uses.
SECTION VII - STORAGE AREAS:
All Towing Agency's storage areas must conform to City of Miami
Zoning requirements existing now and in the future. All
impounded vehicles and towing vehicles and equipment at Towing
Agency's storage site shall be kept within the confines of the
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facility and not upon the public streets, sidewalks or public
property.
At City's sole discretion Towing Agency may be directed to tow
vehicle to a City storage facility. While at City facility,
Towing Agency may be required to move one vehicle from one
location to another within the City facility, at the direction of
a designated City employee, each such move shall be charged to
the responsible City department in accord with the rates set in
Section XIV, E. of this agreement.
Towing Agency storage areas must display identifying signs
clearly visible from the street, in conformance with zoning
regulations, to enable persons seeking to locate Towing Agency to
easily identify same.
During normal business hours, owner of stored vehicle or
designated representative shall be allowed to view vehicle. Prior
to removal of any items not attached to the vehicle, owner must
either pay the cost of the tow or show proof of insurance. Any
other requests shall be left to the discretion of Towing Agency.
Towing Agency shall not charge any storage and/or administrative
fee for an owner or designee to recover items from stored
vehicle.
Towing Agency must provide security for impounded vehicles and
assume responsibility for any articles of value left in the
vehicle and listed on the Vehicle Storage Receipt or Towing
Report. Towing Agency agrees to replace any such article(s) or
compensate the insured person upon verification of the loss by
the designated investigative officer of the Miami Police
Department.
Upon arrival of vehicle at storage facility, storage facility
personnel shall verify the inventory of contents of the vehicle
as listed on the Vehicle Storage Receipt and/or Towing Report.
Discrepancies shall be reported immediately to the designated
investigative officer of the Miami Police Department.
SECTION VIII - EXCEPTIONAL TOWING.SERVICE:
If required for proper processing of investigation, at the
direction of the Police Department, Towing Agency may be
required, while at City facility, to move a vehicle to a
designated area for processing prior to impounding. Each such
move shall be charged to the Police Department in accord with
Section XIV, E. of this agreement.
SECTION IX - SPECIAL EVENTS TOWING:
The Police Department shall have sole discretion in the
utilization of Towing Agencies for special events. Towing Agency
assigned to the zone within which the Special Event is taking
place, shall have the first opportunity to provide the equipment
necessary to service the event. Should an additional Towing
Agency be required to provide service, other Towing Agencies from
nearby zones may be called upon by the Police Department to
provide service. When requested by the Traffic Section of the
Police Department, all Towing Agencies shall be required to
provide at least one (1) Class "A" Wrecker for Special Events.
When asked to provide Special Events towing, Towing Agency shall
be entitled to payment for the number of hours of standby time
which exceeds the number of vehicles towed. Standby hours must
be authorized by the Police Officer in charge at the scene.
SECTION X - 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
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shall be made at any time during the contract period as deemed
appropriate by City.
Towing Agencies 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 XI - LICENSES, PERMITS, ETC.:
Towing 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. Towing
Agency must also possess all the licenses, permits, etc.,
necessary from Metropolitan Dade County to operate said Towing
Agency.
All licenses, permits, etc., must be kept valid throughout the
term of this agreement.
SECTION XII - COMPLAINTS AGAINST TOWING AGENCIES:
In the event a complaint by a member of the public is filed about
any Towing Agency, the department receiving the complaint shall
notify the Towing Review Board and Towing Agency. If complaint
is in written form, a copy shall be furnished to Towing Agency
upon request at no cost. A written reply to the complaint must
be forwarded by Towing 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 Towing Agency complaints.
SECTION XIII - COMPLAINTS BY TOWING AGENCIES:
Any complaints by Towing Agencies 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 Towing Agency within fifteen
working days of receipt by the Board. •
SECTION XIV - MAXIMUM RATES:
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. The applicable rates shall depend upon the
requirements of the towed vehicle, rather than the actual wrecker
class utilized.
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 as noted below.
(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
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8 7-'252 37 -I 7
(4) Class "C" and "U":
(a) Base Rate........................................$90.00
( i) Towing Agency ....................$80.00
(ii) City Administrative Charge ....... $10.00
(b) Mileage Rate ..........................$ 3.00
NOTE: MILEAGE FEES SHALL NOT BE CHARGED FOR TOWING A VEHICLE
TO A CITY STORAGE FACILITY FROM WITHIN CITY LIMITS.
MILEAGE FOR TOWING OUTSIDE CITY LIMITS TO CITY STORAGE
FACILITY SHALL BE BASED ON THE ONE-WAY DISTANCE BETWEEN
THE PICKUP POINT AND THE CLOSEST POINT OF ENTRY INTO
MIAMI CITY LIMITS.
B. AUXILIARY CHARGES
Any auxiliary services (e.g., use of dolly, dropping and re -
hooking linkage) are to be performed only if required and
appropriate. Any such additional charges must be authorized, in
writing on the vehicle tow slip, by a City enforcement officer.
(1) TOWING AGENCY ADMINISTRATIVE SERVICES RATE .......... $ 10.00
Administrative charges may be charged by Towing Agency to
the owner/driver of a vehicle towed or stored by Towing
Agency, for the execution, filing or mailing 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.
(2) HOURLY LABOR RATE: Such as Dropping and re -hooking
transmission linkage, use of dollies, road service calls
(including battery jump and tire change), winching (which
service shall not include removing a vehicle from a parking
space and simple winching and retrieving to facilitate its
removal).
Charge for these services shall be based on 15 minute
intervals after the first 30 minutes on the scene for actual
labor or waiting, and according to the wrecker class
required. No fees shall be charged for waiting time for
releasing a vehicle at City storage facility.
(a)
First
30 minutes on
the scene.................No
Charge
(b)
Class
"A","D"&"O" -
Each 15
Minute Interval......$
8.75
-
Hourly
Rate..................$35.00
(c)
Class
"B" -
Each 15
minute Interval ......
$13.75
-
Hourly
Rate..................$55.00
(d)
Class
"C" and "U" -
Each 15
Minute Interval ......
$20.00
-
Hourly
Rate..................$80.00
(3) TRAILER: Charges for use of a boat trailer or other trailer
when authorized by City enforcement officer, shall be in
accord with the following schedule:
(a) Small size boat (18 feet and under) ..............$ 50.00
(b) Medium size boat (18 to 30 feet) .................$ 75.00
(c) Large size boat (30 feet and over)...............$150.00
C. RECOVERY SERVICES
The above listed hourly labor rates, based on 15 minute
intervals, are the maximum allowable (per hour and according to
wrecker class and service required) for Recovery from salt or
fresh water. An additional Tow Truck of any Class, when required
shall also be charged at the regular towing rates set by this
agreement.
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252
10 9
If required, a Certified Salvage Diver shall be provided by City.
D. SPECIAL EVENTS/STANDBY TOWING
The below listed rates are the maximum allowable (per hour and
according to wrecker class) for standby wreckers during Special
Events.
When asked to provide Special Events towing, Towing Agency shall
be entitled to payment for the number of hours of standby time
which exceeds the number of vehicles towed. Standby hours shall
be paid at the applicable towing rate and must be authorized by
the Police Officer in charge at the scene.
NOTE: TOWING AGENCY SHALL NOT CHARgE (NOR SHALL BE COMPENSATED)
FOR BOTH STANDBY AND REGULAR WORKING TOWING RATES, IF
DIRECTED TO REMOVE A VEHICLE DURING A SPECIAL EVENT. ONLY
ONE OR THE OTHER RATE SHALL APPLY AND BE AUTHORIZED, UNTIL
THE COMPLETION OF THE EVENT.
(1) Class "A","D"00" Hourly Standby Rate..............$35.00
(2) Class "B"
Hourly Standby Rate..............$55.00
(3) Class "C"and "U" Hourly Standby Rate..............$80.00
E. SPECIAL PROCESSING TOWING
Towing a vehicle for special processing before placing into City
Storage Facility (see Sections VII & IX of this
agreement.)..............................................$10.00
F. STORAGE RATES
Daily Rates for vehicle storage are based on a 24 hour day, each
day starting at 12:01 a.m. The initial twelve (12) hours of
storage shall be without charge. Thereafter, the daily rate
shall apply, according to type of vehicle stored, with each
fraction of a day counting as one full day. With respect to
stolen motor vehicles, the below daily charges shall not commence
until either: (a) twenty-four hours after the owner of said
vehicle has been personally notified that the vehicle is
impounded and the location of its impoundment; or (b) seven (7)
days after notice of such impoundment and location has been sent
via regular mail and via certified mail, return receipt
requested, to the address of the owner as reflected on the
registration or title records of the state agency having custody
of such records, whichever occurs earlier.
The following are the maximum allowable rates:
(1) ANY VEHICLE - First six (6) hours..................No Charge
(2) Motorcycles - Daily Rate ..............................$ 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.
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SECTION XV - 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 the
actual cost 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 in
writing on the tow slip by the officer on the scene.
The rate structures applied and charged by Towing Agency shall
depend upon the requirements of the vehicle(s) to be removed and
upon the needs and conditions of the particular situation to
which Towing Agency is called, regardless of the actual tow truck
and/or equipment used. The clasp of wrecker and type of
equipment to be dispatched shall be the responsibility of the
officer on the scene, the complaint sergeant or other designated
City representative.
SECTION XVI - BILLING:
Towing Agency agrees to itemize fully all bills on standard forms
acceptable to City (sample attached as Exhibit II), to number all
bills to correspond with the Miami Police Department Vehicle
Storage Receipt number or Department of Off Street Parking Towing
Report Number as applicable, 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 (i.e., Class "A" Base Rate,
Additional Mileage, Hourly Labor Rate - Dollies, etc.). When
bringing vehicle to Towing Agency storage facility, Towing'Agency
shall note arrival and departure times on vehicle tow slip.
SECTION XVII - COLLECTION AND PAYMENT:
Payments to Towing Agencies operating under this Agreement shall
be made by vehicle owner or designee, upon receipt of itemized
bills, for services rendered. Payment shall be made directly by
City to a Towing Agency operating under this Agreement only in
the case of a standby charge for special events, special
processing, or when specifically approved by the Chief of Police,
Fire, Rescue and Inspection Services Chief or the Director of the
Department of Off Street Parking.
Payments by Towing Agency to City of City Administrative Charges
shall be made on a monthly basis directly to the Department which
authorized the tow service. The format for submitting such
payments shall be determined by the City, but shall include
correlation of payments to customer billing.
It is hereby understood by and between City and Towing Agency
that payments due to City from Towing Agency shall be payable to
City no later than the 20th day of the month for vehicles towed
and paid for through the end of the previous month. Upon receipt
of a notice of termination, Towing Agency shall pay monies due to
City no later than 30 days after the date of termination.
City may waive City Administrative cost if Tow Agency must sell
vehicle not claimed by owner. Requests for such waiver must be
in writing to the authorizing department and cross referenced to
the tow slip.
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8'7-252 3 ? -ao
SECTION XVIII - ETHICS AND CONDUCT:
Towing 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 motoring 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 a Towing Agency shall be responsible for
ensuring that all of his operational personnel shall be
of previous and continuous good moral character.
(3) Towing Agency operators shall neither solicit nor induce
drivers or owners to patronize particular garages or
mechanics. The rebate or payment of money or any other
valuable consideration to Towing Agency personnel from a
garage or mechanic is prohibited.
(4) Giving gratuities to any employee of the City of Miami
is prohibited and any violation hereof by a Towing
Agency shall, at the discretion of the City Manager,
constitute grounds for the summary and immediate
revocation of this agreement.
SECTION XIX - SUSPENSION PROCEDURES:
(1) Any Towing Agency may be suspended for any violation of
the provisions of this agreement which, in the sole
discretion of the Towing Review Board, may be cause for
such suspension, as follows:
A. First Violation.............up to 7 days
B. Second Violation ............ up to 14 days
(2) Should a third violation occur, upon recommendation of
the Towing Review Board; the City Manager may terminate
the contract of Towing Agency, also see Section XX.
(3) By accepting a zone, a Towing Agency agrees to the
reasonableness of the suspension procedures and that the
same are necessary to enable City to fulfill its duties
of safety and control of City's highways.
SECTION XX - 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 a Towing Agency previously granted. Occurrence of
such cause shall be reviewed by the Towing Review Board, which
shall then make; a recommendation to the City Manager. In the
event of such cancellation, prompt notice shall be furnished to
Towing Agency by City.
(1) Adjudication as bankrupt.
(2) The filing of insolvency, reorganization or bankruptcy
petition (voluntary or involuntary).
(3) Abandonment of Towing Agency premises or discontinuance
of operations.
(4) The making of a general assignment for the benefit of
creditors.
(5) Making any charge at rates
established by this Agreement.
greater than those
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87-25^ 3-? -21
.........::
(6) Any failure of Towing Agency to receive, inspect,
verify, and approve the "Proper Papers" necessary for
the release of a vehicle prior to that vehicle's
release. "Proper Papers" are defined as proper
identification of the individual (drivers 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 Towing Agency has possession of a vehicle
identified by the Police Department as stolen or as
essential to a Police investigation, 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 XXI - 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 XXII - 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 TOWING 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 XXIII - 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 required pursuant to this Agreement and shall
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Y
become property of City, without restriction or limitation on its
use. Towing Agency agrees that all documents maintained and
generated pursuant to this contractual relationship between City
and Towing Agency shall be 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 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 XXIV - NONDELEGABILITY:
That the obligations undertaken by Towing 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 XXV - AUDIT RIGHTS:
City reserves the right to audit the records of Towing 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 XXVI - 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 XXVII - CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to the
laws, statutes and case laws of the State of Florida.
SECTION XXVIII - SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein, their
heirs, executors, legal representatives, successors, and assigns.
- t.
SECTION XXIX - INDEMNIFICATION: f
Towing Agency shall indemnify and save City harmless4from and
against any and all claims, liabilities, losses and 'Causes of
action which may arise out of Towing Agency's activities under
this agreement, including all other acts or omissions to act on
the part of Towing 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 XXX - CONFLICT OF INTEREST:
(1) Towing 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. Towing 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 Towing Agency or its
employees, must be disclosed in writing to City.
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8'7-2.5"
r
(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 laws.
SECTION XXXI - 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 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 XXXII - 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 Towing
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 Towing 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 Towing Agency
that any payment made in accordance with this Section, to Towing
Agency shall be made only if said Towing Agency is not in default
under the terms of this Agreement. If Towing Agency is in
default, then City shall in no way be obligated and shall not pay
to Towing Agency any sum whatsoever.
SECTION XXXIII - NONDISCRIMINATION:
Towing 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, Towing 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 XXXIV - 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.
SECTION XXXV - DEFAULT PROVISION:
In the event that Towing Agency shall fail to comply with each
and every term and condition of this Agreement or fails to
perform any of the terms and conditions contained herein, then
City, at its sole option, upon written notice to Towing Agency
may cancel and terminate this Agreement, and all payments,
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97- 25Z7 - 2 y.
advances, or other compensation paid to Towing Agency by City
while Towing Agency was in default of the provisions herein
contained, shall be forthwith returned to City.
SECTION XXXVI - 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 XXXVII - INSURANCE:
Agency shall maintain in force for t-he 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.
® Towing 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.
Towing 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 Ghanged without 30
days advance written notice to the City of Miami General Services
Administration Department.
SECTION XXXVIII - 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
-13- 8 7-25Z
37-�5
ATTEST:
MATTY HIRAI BY CESAR H. ODIO
City Clerk City Manager
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
87-252
Ln! 11 L l i
CITY OF m1A.4I, FLORIDA
sr? NO SPECIFICATIONS/ZONE LOCATIONS _
THE INSTRUCTIONS TO BIDDERS] PROPOSAL, QUALIFICATION
FORMS AND THE GENERAL SPECIFICATIONS ARE A PART OF THIS
CONTRACT AND ARE FURTHER SUPPLEMENTED 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, ( a�,TtaN nF WcRK:
ZONES ...... THE ZONES COVERED IN THIS AGREEMENT
ARE AS DEFINED
BELOW AND PER THE' ATTACHED MAP OF SAME:
70tlF I NORTH t
C I TY LIMITS
EAST:
To BISCAYNE BAY, INCLUDING WEST -END
OF BRIDGE ON 79 STREET CAUSEWAY,
PRIOR TO NORTH BAY VILLAGE, CITY
•
LIMITS.
SOUTH:
NORTHSIDE OF N.E. 46 STREET AND N-W.
46 ST, BUT NOT INCLUDING 46 STREET
WEST:
CITY LIMITS
ZQUF It NORTH:
TO INCLUDE N.E. 46 STREET AND
N.W. 46 STREET
EAST:
To BISCAYNE BAY
SOUTH:-
TO NORTHSIDE OF N.E. 20 STREET AND
N.W.20 STREET, BUT NOT INCLUDING 20 ST.
WEST:
CITY -LIMITS. INCLUDING N.W. 36 STREET
STRIP TO RAILROAD TRACKS,
CMM NORTH.
TO N.E. 20 STREET AND N.W. 20 STREET
INCLUDING 20 STREET
EAST:
TO BISCAYNE BAY, INCLUDING BISCAYNE
ISLE AND SAN MARCO ISLE.
SOUTH:
MIAMI RIVER
WEST:
MIAMI RIVER TO THE POINT WHERE 27 AVE.
AND N.W; 20 STREET MEET.
s
ZOLNE IV NORTH:
EAST:
SOUTH:
WEST:
NE V NORTH;
EAST:
SOUTH:
WEST:
ZONE KI NORTH:
EAST:
So UTH :
EST.
To N.W. 20 STREET, WEST OF 27 AVENUE
SOUTH SIDE OF MIAMI RIVER TO N.W. 17
AVENUE, BUT NOT INCLUDING 17 AVENUE.
FLAGLcR STREET WEST OF 17 AVENUE TO
37 AVENUE, S.W. H STREET WEST OF
S.W. 35 AVENUE
CITY LIMITS, INCLUDING TAMIAMI
CANAL ROAD.
MIAMI RIVER
TO BISCAYNE BAY, INCLUDING RICKENBACKER
CAUSEWAY TO MIDDLE OF SECOND BRIDGE,
AND VIRGINIA KEY.
TO BISCAYNE BAY, INCLUDING CL.AUGHTON
ISLE,
To N.W. AND S.W. 17 AVENUE INCLUDING
17 AVENUE.
FLAGLER STREET EAST OF 37 AVENUE,
TO S.W. 17 AVENUE BUT NOT INCLUDINZ
17 AVENUE.
TO BISCAYNE BAY, INCLUDING FAIR ISLE
TO NORTH PROSPECT DRIVE.
CITY LIMITS.
i
87-252
L y1'i
•
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GE:tEitAL.
1. ;:o vQnJor uIll be permitted to begin work pursuant to any purchaae order
unless they have obtained insurance coverage as--pecifi:d below. Vendors
should review these requirements carefully as no modification of the
rcquircnont3 will be nade after conclusion of the hidding process.
2. Ail required insurance shall be written on an occurrence basis unless
ct'herwise specified.
3. If the vendor is required to name the City as an Additional Insured on their
nclicy or policies, it is the intent of the City that the required coverage
shall be primarily in the event of any loss arising out of perils or hazards
cr.vered by those policies.
4. All insurance policies required must be written by a company or companies
rated at least "A" a3 to management and at least "Class Y" as to financial
strength in the latest edition of the 0etit'3 Insurance Guide, published by
Alfred M. Best Co., Inc., Fulton Street, New York, 14. Y.
S. The successful vendor will be expected to furnish a Certificate of Insurance
to the City clearly indicating conformance with these requirements.
Certificates should be forwarded to:
City of Miami
finance Department/RISK MANAGEMENT DIVISION
03 S-11. ist Street
Miami, Fl. 33130
6. Any questions pertaining to insurance requirements should be directed to the
Risk. Management Division at the above address, or telephone 579-6050.
COVERAGE REQUIRED:
1. LIABILITY: The vendor shall obtain and maintain*in force for the length
Of this agreement Comprehensive General Liability Insurance Coverage or
its equivalent with at least a combined Single limit of 5500400.00 oer
occurrence for bodily injury and property damage liability.
2. COVERAGE: The following extensions of liability coverage Chall' be
included in the required policy or policies: Coverage Limits ,
Fro ucts and Completed Operations CSL '
Broad Form Property Damage CSL
3. t:ORNERS COMPENSATION: The contractor shall obtain and maintain in toree
during the life —of this agreement Worker's Compensation inaurance' as
required by chapter 440, Florida Statutes.
4. CJ.`CELLATION OR MODIFICATIONs The
Or
required shall be written in a manner that )Olicfes Of insurance
may not be cancelled or materially changed without policy or policies
written notice to the City of Miami. written notice a a- 1� 1 be advancen
Risk e13n4gement Divi3ion/Department of Finance, at the above address.
S. AWITIONAL INSURED ENDORSC.%11rNT;
ll I
be srdorse co namme the City ofAMiamlaaai an Additional policies
Shall
rAciciitiOnal Insured endorsement may be qualified to restrict the rigs
of the City of Miami as ari insured to those hazards within the a Of
e scope
the contract. p
876.252 37 - 31
J-OS-94*
10/11/95
s
ORDINANCE N0. 10 0_6_2
0
44 ORDINANCE REPEALING ORDINANCE NO. 9775,
THE MINORITY 2ROCUREMENT PROGRAM ORDNANCE OF
THE CITY OF .MIAMI. FLORIDA AND SUBSTITUTING
THEREFOR A NEW MINORITY PROCUREMENT PROGRAM
ORDINANCE TO BE KNOWN AND CITED AS "TNE
MINORITY AND WOMEN BUSINESS AFFAIRS AND
PROCUREMENT ORDINANCE OF THE CIT1 OF MIAMI,
FLORIDA,* ESTABLISHING A MINORITY AND WOMEN
BUSINESS AFFAIRS PROCUREMENT PROGRAM AND
COMMITTEE; PROVIDING FOR THE CREATION BY THE
CITY MANAGER OF AN OFFICE OF MI40RITY AND
WOMEN BUSINESS AFFAIRS AND PROCUREMENT;
FURTHER SETTING FORTH' A GOAL OF AWARDING AT
LEAST 51 PERCENT OF THE CITY'$ TOTAL ANNUAL
DOLLAR VOLUME OF ALL PROCUREMENT EXPENDITURES
TO BUSINESSES OWNED BY 3LACKS (115).
HISPANICS (17`:1, AND WOMEN (175); AUTHORIZING
THE CITY MANAGER TO PROVIDE FOR MINORITY AND
WOMEN-OWNEO BUSINESS ENTERPRISE PROCUREMENT
SET -ASIDES AND CONTRACT PROVISIONS; PROVIDING
FOR THE DEVELOPMENT OF PROCEDURES, MEASURES
AND RESOURCES TO IMPLEMENT SAID PROGRAM,
GOALS AND OBJECTIVES; AND CONTAINING A
SEVERABILITY CLAUSE.
WHEREAS. Ordinance No. 9775 dealing with minority
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 adGoting and substituting therefor the herein
Minority and Women Business Affairs and Procurement Ordinance is
authorized pursuant to the Charter of the City of Miami,
Sections 52 and 51; and the Municipal Home Rule Powers Aft of
1973, Chapter 156.001 et sea.. Florida Statutes, as amended; and
WHEREAS. the U.S. Supreme Court has upheld Dade County
Ordinance No. 92.47. adopted July 20. 1994, restricting bidding
on Construction projects to 91ack-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 1971 and 1981; and
WHEREAS, this Ordinance will prevent the perpetuation of
the effects of prior unwarranted discrnmination which has
1
13 7-252 37 - 3z
heretofv impaired. limited or foreclo 0 procurement and
contracting opportunities for businesses owned by 014cks,
Hispanics and Women with the City of Miami; and
WHEREAS, the City of Miami has established a• policy of
constructive affirmative action to eliminate Substan tIaIIy the
effects of prior discrimination; and
WHEREAS, the proposed Minority and Women Business Affairs
and Procurement Program and Poi i ey contains requirements: (a)
that thole who Contract with the City Of Miami In the areas Of
procurement 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; and ibt that such city contractors have. and
implement 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 will 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 goals,
objectives. administrative procedure and resources; and adopt
legislation remedying the affected Hispanic, Black and Womep"
owned businesses;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section t. 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 terms phrases, words, and their derivations shall have
the following meanings: ,
2
^C362�
87-2S2 37 — 33
fluslness rntervelse means y corporation,
partnersnly. IndivlduJI. saIproorieturshib, joint stock
company, joint venture, professional asiOClation or any other
legal entity that is properly licensed to do business with the
City of Miami and/or Oade County and/or the State of Florida.
B. Minority and Women -Owned Business Enterprise means
a business enterprise in which at least 51 percent of said
enterprise is owned by Slacks, Hispanics or Women whose
management and daily business operations are controlled 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
Miami.
0. Facilities means all total or partial publicly
financed projects Including, but without limitation, unified
development projects, municipal publie works and municipal
improvements to the extent they are financed with City money, -
utilise 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 term which will be used to
designate a given purchase or contract or a portion of a gi-In
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
_ Slack, Hispanic and/or Women -owned businesses to afford
effective competition for the purchase.
H. Joint Venture shalt mean an association of persons
or legal entities with the intent to engage in and carry out a
single business enterprise for profit.
3 :4)06 44 s
• 87-252
Procurement E;oentli Lures sh,; mean a purchase,
_...__.. 61 a*rihutian_ loan or advance f� the purpose of
acquiring or providing goads and services.
J. . Affirmative Action Plan sha11 Include the
projected annual goals and the timetaoles which will be used to
employ and/or procure with women and minorities a non.
discrimination policy statement and any other actions .hich will
be used to ensure equity in employment and the utilization of
minority and female.owned businesses.
Section 3. A Minority and Women 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 Minority and 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.
B. The City Manager shall, utilizing existing
resources, create an Office of Minority and Women Business
Affairs and Procurement; and shall provide the appropriate 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
1(!()a2z
�_ 35
197-252 3
OMMMW
14, a• ihv vb;•:Ctive of the City I achieve a goal
of awar•jing a minimum of 51: of the total annual dollar volume
of all procurement expenditures to Olacks, HispAnfCs and Women.
owned business enterprises to to apportioned as follows:
seventeen percent (17%) to Olacks, seventeen jarcent (17%) to
Hispanics and seventeen percent (17.) to '40men.1
A. To further the goal of increasing the total annual
volume of all procurement expenditures to minority and women.
owned business enterprises, authority for a minority and women.
owned business enterprise procurement set -aside is hereby
established for use by the City Manager as he or she may deem
advisable or necessary to increase the participation of Black,
Hispanic and Women owned businesses in City procurement
contracts.
B. It shall be mandatory for all City of Miami
contracts and/or procurement award •documents to contain the
following; -
(1.) A specific reference to the a0clicabf1fty
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 individuals) and/or
business enterorise(s) 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;
(3.) 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 that the bidder or offeror, during the
1 Women, depending upon their own annual self-selection, shalt be
listed in Only one (1) 0 the categories: race. ethnicity.
gender. ,
5 10o� 2
8'7252 3 - 3b
—
,ae:
course 1% time involved in the performarA of the contract
sought b,.such bidder or offeror. shall not discriminate against
any business. employee or applicant for employment because of
age, ethnicity. race, creed, color. Wiliam, sex, national
origin, handicap or aarital status;
(0.) A statement of the extent to which trio
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.
(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.
subcontractors, suppliers or other parties tt the bid or
proposal shall also be required to submit such plans.
(G.) 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 a. Except where federal or state law or
regulations mandate to the contrary, the provisions of this
section will be applicable to all City of Nfami, 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 herefn shall no longer be observed. Such need shall be
reviewed every two years by the City Commission, upon, the ,
recommendation of the City Manager.
Section a. Ordinance No. 977s. the Minority Procurement
Program Ordinance of the City of Miami. Florida. is hereby
repealed.
5 1 006
V.
87-252 37 - 3 7
• ectlun 1. Shoul.l ,Wpart Or OrOvis14 of th14 OrdinanCa
be iecl� by a Court of competent juri;dl�an to be Invalid.
;amp ;nall not affect thsr validity of the Ordinance as a whole.
PASSED ON FIRST RENDING OY TITLE ONLY this day of
:tovolnbur
PASSED AND ADOPTED ON SECONO ANO FINAL READING SY TITLE
ONLY this 19th day Of zScamber 190S.
ATTEST:
4UAR4, Nor
i,
City Clerk
PREPARED AND APPROVED BY:
Deputy city —Attorney
APPROVED AS TO FORM AND CORRECTNESS:
/� -;r &Zv
' City Attorney .
AOJ/wpc/pb/ab/8I56
7 L0e5.Z:
87-252
3IU ;k).
RESOLUTION OF PRo,rE`STS (City Code Section
la Rig t to Protest. Any actual or prospective contractual
party wllo eals aggrieved in connect ion w i th tip:
solicitation of award of a' contract :lay protest to the
chief procurement officer. The protest shall be submitted
in writing within fourteen (14) days alter such aggrieved
party knows or should 'nave known the facts giving rise to
the action complained of.
(b) Authority to resolve protests. The chief procurement
o: iczr shall have the authority, subject to the approval
of the city manager and the city attorney, to settle ar.%&
resolve a protest of an aggrieved actual or prospective
contractual party concerning the solicitation or award of
the contract in question. Provided that in cases involving
moref than four thousand five hunched dollar ($4,500.00),
the decisions of the chief .procurement officer must be
approved by the city commission after a recommendation by
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 amount involved is greater than four
thousand five hundred dollars ($4,500.00), sul;mit a
decision to the city commission within thirty (30) clays
after lie receives the protest.
(c) Compliance with time requirements. Failure of an aggrieved
party to sub:ait a protest within the time provided in
subsection (a), above, shall constitute a forfeiture of
such party's right to complain and shall bar any legal
action therefor by such party. Failure by the: city
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 sec,.ion and to
institute legal action immediately. (Ord. No. 95i2,
6 1, 2-20-83) .
87-252 37 - 39
----------
owAR."lUs ' AND :X.%
City of mxam) Code i4c:. Lti-54. "a
(a) Authority and rAirenent to debar and suspend.
After :nasonahle notice to an actual or prospe%tive contractual grey,
arc] after reasonable opportunity to such party to be heard, ttce c:ey
tanager. after conc;ultation with the chief procurement officer and
city attorney, shall have tho authority to debar a contractual -.a,tv
for the cause:li3tad balec4 from conaideration for award ai city
contracts. Ilia debarment -hall be for a period of rot fawe_
three (3) leas. .he city, aanager shall also have the authority to
suspend a contractor from considerationu for award of city contracts i=
there is a probable cause for debarment, pending the debarment
detersination, the authority to debar and suspend cantractor3 shall be
exercised in accordance with regulations which shall to issued by the
chief procurement oilier a=tar approval by the city manager, the city
attorney, and the city commission.
(b) Causes for debarment or suspension include the follewinq:
I. Conviction for commission of a criminal oflanso incident to
obtaining or attempting to obtain a public*or private contract or
Subcontract, or incident to the performance of such contract or
subcontract;
2. Conviction under state or federal statute* of embezzlement, theft,
forgery, bribery, falsification or destruction of records,
receiving stolen property, or any other offense indicating a loci:
of business integrity cc business honesty;
3. Conviction under state or federal antitrust statutes arising cut
of the submission of bids or proposals:
a. Violation of contract provisions, which is regarded by tho chit-'
procurement officer to be indicative of nonresponsibility. CL:ch
violation may include failure without good cause to perform in
accordance with the terms and conditions of a contract or to
perform within the time limits provided in a contract, provided
that failure to perforce caused by acts beyond the control of a
party shall not he considered a basic for debarment or suspension:
S. Debarment cc ourpension of the contractual party by any Ccdcral.
state or other governmental entity;
6. Fare certification pursuant to paragraph (c) below: or
7. Any other cause judged by the city manager to be so serious and
compelling as to affect the responsibility of the contractual
party conforming city contracts.
(c) Certification: All contracts for goods and service„ and leases by
the csty 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 set forth above or debarred or
suspended as set forth in paragraph (b)(5).
The undersigned hereby certifies that neither the contractual party nor any
of its principal owners or personnel have been convicted of any of the
violations set forth above, or debarred or suspended as scat forth in
paragraph (b)5.
Company names
Signature: (RE=RN WITH BID SHEET)
gate:
FAILURE TO COMPLETE, SIGV,, AND RETURN THIS FORM MAY DISQUALIFY THIS BID.
0 0
� CITY OF MIAMI, FLORIDA 37
INTEROFFICE MEMORANDUM
To. r•s, 5 i987
The Honorable Mayor and Members DATE: FILE:
of the City Comm' sion Resolution Authorizing
SUBJECT! Issuance of a Request
for Proposals for Tow =
Services
FROM: Cesar H. Odio REFERENCES:
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 towing and wrecker services to the City of
Miami.
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 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 towing
services to the Police Department, the Department of Off Street
Parking, and the Department of Fire, Rescue and Inspection
Services.
The commission should be aware that industry representatives
remain in disagreement with portions of the Sample Agreement and
RFP, primarily the rate schedule as presented. Several meetings,
which included representatives from all affected organizations,
have'not resulted in consensus on these issues.
Attachments
cc: Law Department
8 7r25.2