HomeMy WebLinkAboutExhibit 1CITY OF MIAMI TOWING / WRECKER AGREEMENT
THIS AGREEMENT, made and entered into this 21st day of December, 2006 by and
between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as
"CITY" and Southwest Transport Inc. dba Westbrook Motors, (a State of Florida corporation), (a,
partnership), (a sole proprietorship), or (LLC, etc), hereinafter referred to as "TOWING AGENCY,"
with the effective date of July 13, 2006.
SECTION I - TERM OF AGREEMENT:
The term of this Agreement shall be three (3) years commencing thirty (30) days after its execution
(the "Effective Date") by the City Manager. The City Manager shall have the option to extend the
term for two (2) one-year renewal periods, at the City Manager's sole discretion.
WHEREAS, on January 26, 2006, the City Commission, via Resolution No. 06-0043,
authorized the City to award a contract to the above Towing Agency, pursuant to the terms and
conditions of Request for Qualifications, RFQ No.04-05-054R, (the "RFQ"), for the provision of
towing services (the "Services") as more specifically described in the RFQ which by this reference
is incorporated into and made a part of this agreement as an attachment ("Attachment D"); and
Whereas, the Towing Agency was awarded a contract by the City Commission, to provide
the Services for Zone 5, which is described herein; and
Whereas, the parties hereto wish to set forth the terms and conditions pursuant to which
Towing Agency shall perform the services.
Now, therefore, in consideration of the foregoing and the mutual covenants contained herein, City
and Towing Agency agree as follows:
Section II - SERVICES:
At the request of the City made in accordance with this Agreement, the Towing Agency shall
perform the services as described herein and in the special conditions of the RFQ tor Zone
Requests for services shall be made by telephone or by any one of the following City departments:
(a) The "Complaint Center" of the Miami Police Department
(b) Fire, Rescue and Inspection Services ("FRI")
(c) Department of General Services Administration & Fleet Management Division ("FLEET")
All requests generated by the FRI, FLEET departments must be authorized by the chief and
director of the departments, or their authorized designees. Towing Agency, however, shall have
the right to assume upon receipt of the requests, that the same has been authorized as herein
provided.
SECTION III - TOWING REVIEW BOARD:
There shall be established a Towing Review Board, to evaluate any controversy or claim arising
out of/or related to this Agreement. The board shall consist of (5) members and an alternate, to be
Towing Agency must maintain personnel to operate towing equipment and storage facilities
twenty-four (24) hours a day, seven (7) days a week, and respond to calls for service from
the City. (Note: requests may come also from City's FIRE, and General Services
Administration (FLEET)).
(2) Towing Agency shall have sufficient personnel to staff the facility Monday through
Saturday, from 8 a.m. to 6 p.m., pursuant to Florida Statute §715.07(2)(a)1.a., as amended,
for the purpose of releasing vehicles to owners, and also agrees to provide for the special
release of vehicles twenty-four (24) hours a day, seven (7) days a week at the request of a
Miami Police Department shift commander for emergency purposes only.
appointed as follows: a staff person appointed by the Director of the Police Department; a
Supervisor from the Field Support Section; a staff person appointed by the General Services
Administration and Solid Waste Department; one representative and an alternate selected by and
among Towing Agencies having a contract with the City, and an independent party to be selected
by the City Manager. Operational procedures of the Board shall be developed by the City Manager
or his duly authorized uesignee on an administrative basis , and such procedures may be
amended from time to time, with a minimum of two (2) meetings per year.
SECTION IV - PERFORMANCE STANDARDS:
Towing Agency must adhere to the following specific performance procedures and standards:
(1)
(3) Towing Agency shall provide service within Zone and to other Zones as requested in
accordance with Section XI of this Agreement.
(4) Tow trucks must proceed to the scene immediately after Tow Agency receives the correct
address from the person making the request by telephone or radio. Thirty (30) minutes is
the maximum allowable response time, however, considerations may be given to traffic
conditions, which could result in delays. Should Towing Agency anticipate delay beyond
thirty (30) minutes due to traffic conditions, Towing Agency shall advise the source of the
request of the estimated time of arrival. If Towing Agency responds to a scene of a
request for towing service and the service is no longer needed, then Towing Agency must
notify the Police Complaint Desk of cancellation within one (1) hour. If cancellation is not
reported, then Towing Agency will be responsible for the administrative charge.
Repeated and unjustified failure of a Towing Agency to respond within thirty (30) minutes
from receipt of request may be deemed to be a demonstrated unwillingness or inability to
provide the Service as herein required, and may be subject to the provisions contained in
Sections XXI and XXIV of this Agreement.
(6) All personnel operating tow trucks shall be qualified and experienced in handling equipment
safely on the scene, and in going to and from the scene, Each employee shall have in his
possession a City of Miami identification Card, a copy of which shall be on record with the
City of Miami Police Department. All tow truck operators shall have a current valid Florida
Commercial Drivers License, according to the type of vehicle they are operating.
Tow truck operators shall comply with all applicable state, county, city regulations and
ordinances, and written directives issued by the City Manager or Police Chief at all times.
(5)
(7)
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(8)
Tow truck operators shall impound any vehicle or item at the request of the Miami Police
Department (MPD). The tow truck operator shall abide by the decision of the police officer
at the scene.
(9) Tow trucks shall not use rotating beacons when proceeding to a call unless authorized by
the police dispatcher.
(10) Rotating beacons shall be used at the scene, and when towing vehicles from the scene
only if towed vehicle represents a hazardous condition. Sirens on wreckers are prohibited.
(11) Towing Agency shall not remove vehicles involved in accidents prior to the arrival of a
police unit, and then only with the permission of the assigned police unit.
(12) Tow truck operators shall be responsible for removing glass and/or other debris from the
street as a result of a traffic accident to which said operator is responding. This debris shall
be placed in a suitable container and removed by tow truck operator and shall not, in any
case, be left at curbside. Tow truck operators shall be directed in this task by..the police.
. unit assigned the call.
(13) Towing Agency shall use equipment of a type, which shall not damage City vehicles towed,
and whenever possible shall be towed on a flat bed.
(14) Towing Agency shall assume all responsibility for damage done to a vehicle towed, or to be
towed, during the performance of the services and while vehicles are stored at the agency's
place of business in accordance with Florida Statute 713.78, as amended
(15) Towing Agency shall not make any repairs to any lowed vehicle without the express written
consent of the owner of the vehicle in accordance with applicable Miami -Dade County
Ordinances..
(16) Towing Agency's file shall contain a list of all vehicles on the premises, copies of all
itemized bills, copies of notices sent to vehicle owners and proof of mailing as required by
law and this agreement, records of payment by customers, records of payment to City, and
Driver License Motor Vehicle reports on all tow truck operators. This file must be kept
current and available for inspection by City at all times.
(17) Towing Agency shall remain equipped and shall comply with all requirements set forth in
the RFQ throughout the entire term of this Agreement.
(18) Towing Agency office and storage area must remain at the location stated by the agency
when this contract was awarded, unless specific written approval for a re -location of the
office and/or the storage area is received from Department of Police, Traffic Division,
Wrecker Detail.
(19) Towing Agency shall be responsible to notify the City of Miami, Department of Police,
Complaint Center when it is not available to service a request within its Zone.
(20) Towing Agency shall invoice the City immediately after a tow has been performed and shall
include copies of the individual tow slips, date, time, location to and from, vehicle number,
tow truck driver's name and signature, receiving City employee's signature and any other
information.
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(21) Towing Agency shall provide adequate insurance coverage as indicated below, in Section
XL.
(22) The Police Wrecker Detail shall be advised of anv vehicles with hold orders that are stored
at the towing companies impound lot within 72 hrs. of the tow. Failure to make such
notification shall void any storage fees over three (3) days that may be charged to the
owner of the vehicle.
(23) Once the Towing Agency has been notified that they are not in compliance with the towing
contract, they have ten (10) days to bring their company into compliance.
SECTION V - CANCELLATION OF TOWING SERVICE:
City reserves the right to cancel a service request to the Towing Agency at any time up to time of
hookup without charge. Such cancellation shall be made by the same source that generates the
request, as listed in Section 11 of this Agreement. Cancellation may also be authorized at the
scene by a police officer.
In the event a hookup has taken place and it is necessary to drop the vehicle prior to commencing
a tow, then the Towing Agency shall have the right to charge for this service an amount not
exceeding one-half the regular towing rate, according to the class of tow, per Florida Statute
§715.07(3)1, as amended. In the event the owner could drive his/her automobile, and the only
service needed from the Towing Agency is to pull the bumper or fender not exceeding one-half the
regular towing rate, according to the class of tow may be made. No City administrative charge may
be made for these services.
SECTION VI - ZONE BOUNDARIES:
Towing Agency shall be responsible to notify all personnel at their company of the specific zone
boundaries, which has been assigned to their Zone. Any unauthorized towing outside of their Zone
that is verified shall result in an immediate loss of five (5) future calls for service for every
unauthorized call that is run and shall be given to the company who lost the tow. Additionally, if the
Towing Agency is off rotation for that day and receive any towing requests, they shall advise the
City to notify the on -call Towing Agency. Continued violations of this section shall subject them to
the penalties as stated in Section XXI of this agreement to the extent that it is permissible under
323.002(3), Florida Statute, as amended .. If a tow truck driver is stopped by an officer or a citizen
he shall not tow the vehicle unless verification is made by the Miami Police Complaint Center that
the location is assigned to the tow company's Zone and more specifically, the case number is
assigned to the Towing Agency reporting area.
SECTION VII- TOW TRUCK DRIVER SOLICITATION:
Drivers are prohibited from stopping at accident scenes and soliciting the public. If it is verified that
a driver has solicited a call outside of their assigned Zone the company will be penalized in
accordance with Section VI and Florida Statute §323.002(2), as amended. If the Towing Agency
elects to continue to employ the driver, any subsequent violations by the same driver shall result in
a double penalty in accordance with Section VI.
SECTION VII - EMPLOYEES OF TOWING AGENCY:
All persons employed by the Towing Agency (including principals, agents, and employees) are
required to be fingerprinted and photographed, and shall receive identification cards issued by the
City of Miami, which must be renewed annually. Each Towing Agency shall supply to City a list of
its personnel prior to being eligible for request for service. The Towing Agency shall immediately
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give notice to the City of any change in its personnel. Such notification shall be given to the City of
Miami Police Department within 72 hours of such change.
SECTION Vlli - STORAGE AREAS:
Qualifying storage facilities and offices shall be contiguous to another and shall not he more than
seven hundred and fifty (750) feet apart. Towing Agency may use additional properties for
overflow storage, which may not be more than one (1) mile away from qualifying property.
Qualifying property must have at least one hundred (100) outside and two (2) inside storage
spaces.
All Towing Agency's storage areas must conform to all existing and. City of Miami zoning
requirements. All impounding vehicles and towing vehicles and equipment at Towing Agency's
storage site shall be kept within the confines of the facility and not upon the public streets,
sidewalks, or public property, with the exception of loading and unloading of vehicles.
At City's sole discretion, Towing Agency may be directed to tow a vehicle to a City storage facility.
Towing Agency may also be required to move one vehicle from one location to another within the
City facility, at the direction of a designated City employee. Each such move shall be charged to
the responsible City department, in accordance with the rates set forth in Section XVI, E, of this
Agreement.
Towing Agency storage areas must display identifying signs clearly visible from the street, in
conformance with zoning regulations, to enable its easy location. The company name shall be
displayed in letters no less than 12 inches in height.
Impounded vehicles shall only be released if a citizen provides "Proper Documents" necessary for
the release of a vehicle. When a vehicle or vessel has been towed, it must be released to its owner
or custodian, with proper documents, within one hour after requesting same, per F.S. 715.07(8), as
amended . "Proper Documents" are defined as proper photo identification of the individual (driver's
license preferred) and registration or title for the vehicle. If the individual is not the owner, a
notarized letter from the owner authorizing vehicle release must be submitted making that
individual the designee.
During normal business hours, the owner of a stored vehicle or designated representative shall be
allowed to view vehicle after providing proper documentation of ownership or representation.
Vehicle owners must be allowed to inspect their vehicles and remove their personal possessions
not attached to vehicle and without the requirement of a waiver for payment as a condition of
releasing vehicles, per Florida Statute §715.07(9), as amended 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 stolen parts from the vehicle or
compensate the vehicle owner upon verification of the loss by the designated investigative officer
of the Miami Police Department.
Upon arrival of a vehicle at the storage facility, the storage facility personnel shall verify the
inventory of contents of the vehicle as listed on the Vehicle Storage Receipt and/or Towing Report.
Discrepancies shall be reported immediately to the Miami Police Complaint Center, and the Police
Wrecker Detail.
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In no event shall Towing Agency be authorized to release vehicles from its storage lot with
outstanding charges due, without prior permission of the Wrecker Detail or a Miami Police shift
commander.
SECTION IX - CITY -VEHICLE TOWING SERVICE:
If requested, Towing Agency shall provide towing services for all City -owned vehicles,equipment
and boats. All vehicles shall be towed generally to Fleet Services Center, located at 1390 NW 20
Street, unless otherwise indicated by City of Miami Communications Section or the Fleet Services
Center
SECTION X - EXCEPTIONAL TOWING SERVICE:
If required for proper processing of investigation, at the direction of the Police Department, Towing
Agency may be required, while at a City facility, to move a vehicle to a designated area for
processing. Each such move shall be charged to the Police Department in accordance with
Section XVI, E, of this Agreement.
SECTION XI — SPECIAL EVENTS / SPECIAL OPERATIONS TOWING:
The Towing Agency assigned to the Zone within which the Special Event or Special Operation is
taking place, shall have the first opportunity to provide the equipment necessary to service the
event. Should an additional Towing Agency be required to provide service, other Towing Agencies
from nearby Zones may be called upon by the Police Department to provide service. When
requested, all Towing Agencies shall be required to provide at least one (1) Class "A" Wrecker for
Special Events.
Special events or special operations are defined as Orange Bowl Events, parades, D.U.I.
roadblocks, various drug and prostitution stings, etc. These special events or special operations
will usually require several wreckers to stand-by at a command post for the towing of vehicles.
When asked to provide Special events towing, Towing Agency shall be entitled to payment for the
number of hours of standby time, which exceeds the number of vehicles towed. Standby hours
shall be paid at the applicable towing rate and must be authorized by the Police Officer in charge at
the scene.
NOTE: TOWING AGENCY SHALL NOT CHARGE (NOR SHALL BE COMPENSATED) FOR
BOTH STANDBY AND REGULAR WORKING TOWING RATES, IF DIRECTED TO REMOVE A
VEHICLE DURING A SPECIAL EVENT. ONLY ONE OR THE OTHER SHALL APPLY AND BE
AUTHORIZED, UNTIL THE COMPLETION OF THE EVENT.
SECTION XII - INSPECTION OF FACILITIES AND/OR EQUIPMENT:
The City of Miami Police Department shall have the right to inspect facilities and/or equipment at
any time during the term of this agreement as deemed appropriate by City.
Towing Agencies shall have all required equipment in the RFQ at all times during the term of this
agreement.
SECTION XIII - LICENSES, PERMITS, ETC:
Towing Agency shall comply with all applicable laws, including without limitation, with the City of
Miami Code, Chapter 42, Article V. Towing Agency, must possess a valid current license from City
pursuant to said article, and any other permits or licenses which may be required to do business in
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City. Towing Agency must also possess all the licenses, permits, etc., required by Miami -Dade
County code to operate said Towing Agency.
Alf licenses, permits, etc. must be kept valid throughout the terms of this Agreement.
SECTION XIV - COMPLAINTS AGAINST TOWING AGENCIES:
In the event a complaint by a member of the public is filed against any Towing Agency, the
department receiving the complaint shall notify the Wrecker Detail, who shall then notify the
Towing Agency. If the complaint is in written form, a copy shall be furnished to the Towing Agency
upon request, at no cost. A written reply to the complaint must be forwarded by Towing Agency to
the Wrecker Detail of the Miami Police Department, within five (5) working days after its receipt.
The complaint may be evaluated by the Towing Review Board to determine if it should be the basis
of suspension or termination. Files shall be kept by the Towing Review Board about Towing
Agencies complaints.
SECTION XV - COMPLAINTS FROM TOWING AGENCIES:
. Any complaints from Towing Agencies concerning city employees shall be forwarded to the
Wrecker Detail of the Miami Police Department for investigation, and a written reply shall be made
to Towing Agency within fifteen (15) working days of receipt by the Wrecker Detail.
SECTION XVI - MAXIMUM RATES:
The following shall be the maximum rates allowed to be charged for towing services. The rates set
forth in this section shall be reviewed every twelve (12) months of the term of the Contract by the
Contract Administrator and an authorized designee of the Department of General Services
Administration. City representatives will meet with a representative from each of the Towing
Agencies under contract with the City and prior to any rate adjustment. As part of the review
process, City representatives shall recommend to the City Manager for his approval any proposed
rate adjustments. Should a rate adjustment(s) be approved, the Contract(s) will be modified, upon
amending Chapter 42/Article iV/Division 4 of the Code of the City of Miami, Florida, as amended,
entitled "Police/Towing and immobilization of Motor Vehicles/Police Tows" to reflect tow rate
adjustment(s).
Towing rates set forth in the RFQ and subsequent Contract shall be posted in a conspicuous place
in the facility and in easily readable form at all times.
CATEGORY A : Towinq of Privately owned vehicles
16.1. Towing Rates by Wrecker Class
Base rates shall include hookup, unlocking door if necessary, dropping of linkage, use of
dolly and towing. Mileage rate shall be allowed for each mile or fraction of a mile to all
destinations, with the exception of a City operated storage facility as noted below. Refer to
Attachment D for description of wrecker class.
Class "A"
(a) Base Rate $ 88.00
(i) City Administrative Charge $ 25.00
(b) Mileage Rate -after first 5 miles $ 3.00
Class "B"
(a) Base Rate $ 160.00
(i) City Administrative Charge $ 25.00
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(b) Mileage Rate -after first 5 miles $ 3.50
Class "C"
(a) Base Rate $ 215.00
(i) City Administrative Charge $ 25.00
(b) Mileage Rate - after first 5 miles $ 4:50
Class "D"
(a) Base Rate $ 250.00
(i) City Administrative Charge $ 25.00
(b) Mileage Rate - after first 5 miles $ 4.50
Note: Mileage fees shall not be charged for towing a private vehicle to a city -operated
storage facility. Mileage for towing vehicles from outside City limits to City -operated storage
facility shall be based on the one-way distance between the pick up point, and the closest
point of entry into Miami city limits.
Additionally, Towing Agency shall not charge a fee, e.g. "gate fee," for allowing the
owner/agent to remove the released vehicle from their property or the Towing Agency
moving the vehicle to a location where the owner/agent can take possession of the vehicle.
16.2. Auxiliary Charges
Any auxiliary services (e.g., low -boy tractor trailer or use of air bag recover system) are to
be performed only if required and appropriate.
(1) Low -boy Tractor Trailer $180.00 per hr
Air Cushion Recovery $180.00 per hr
(2) Towing Agency Administrative Services
Basic Rate After First (24) hours $ 30.00
This administrative service is not an automatic "add -on" but only when required to comply
with Florida Statutes Sections 715.05 and 713.78, and may be imposed by the Towing
Agency for administrative services. This charge refers to and includes verification of public
V.I.N.; search of vehicle for ownership information; preparation and processing of
paperwork; owner/Iienhoider information search; preparation and mailing of the first
notification letter to owner.
All actual fees imposed by state for obtaining pertinent ownership information and actual
postage fees will be in addition to Section 16.1 cited above,
The actual fee required by local Tag Agencies or computer service access time may be
added to the above charges, but shall not exceed $2.00 per vehicle. Fees required by out
of state governmental agencies may be added to the above charges. Towing Agencies will
be required to justify the additional charges. All mailings to owners, lienholders, and
governmental agencies (for ownership/iienhoider information requests), will be done by
CERTIFIED MAiL. This administrative service charge will not be imposed by the Towing
Agency during the first 24 hours of impoundment.
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Failure to comply with the owner/lienholder notification provisions as required by Florida
Statutes section 715.05 and 713.78, shall make void any and all claims of storage charges
by the Towing Agency for the impounded vehicle.
16.3 Hourly Labor Rate. The following shall be the maximum rates allowed to be charged for
towing service. The Contract Administrator and an authorized designee of the Department of
General Services Administration shall review the rates set forth in this section every twelve (12)
months of the term of the Contract. City representatives will meet with a representative from each
of the Towing Agencies under contract with the city prior to any rate adjustment as part of ,the
review process. City representatives shall recommend to the City Manager for his approval any
proposed rate adjustments. Should a rate adjustment(s) be approved, the Contract(s) will be
modified and the Towing Agencies shall be notified in writing of the new rate, upon amending
Chapter 42/Article IV/Division 4 of the Code of the City of Miami, Florida, as amended, entitled
"Police/Towing and immobilization of Motor Vehicles/Police Tows" to reflect tow rate adjustment(s).
The following are the maximum rates allowed to be charged for hourly labor at a -scene.
Examples of charges are removal of driveline or axles, road service calls, (including battery
jump and tire change), winching recovery (winching shall not apply when removing a
vehicle from a parking space and simple winching and retrieving to facilitate its removal),
miscellaneous calls from the City requesting services such as removal of trees, debris from
the street, etc. If an item other than a motor vehicle is towed at the request of the City, the
Towing Agency shall be paid the tow rate according to the class of the wrecker required.
Charges for these services shall be based on 15 minutes intervals, after the first thirty (30)
minutes on the scene for actual labor or waiting, and according to the wrecker class
required. No fees shall be charged for waiting time for releasing a vehicle at the City
Storage facility, unless the on -site wait is in excess of fifteen (15) minutes after notification
of arrival.
(a) First 30 minutes on the scene included in base rate
(b) Class "A"
- Each 15 minute interval $ 22.00
- Hourly rate $ 88.00
(c) Class "B"
- Each 15 minutes interval $ 40.00
- Hourly rate $ 160.00
(d) Class "C"
Each 15 minutes interval $ 53.75
- Hourly rate $ 215.00
(e) Class "D"
- Each 15 minutes interval $ 62.50
- Hourly rate $ 250.00
Note: In situations of waiting time where more than one owner of towed vehicles are
involved, the total amount of waiting time shall be divided equally between the owners of
towed vehicles or items.
16.4 Trailer. Charges for use of boat trailer or other trailer when authorized by City
Enforcement Officer, shall be in accordance with the following schedule for each movement
of vessel size:
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(a) Small size boat (18 feet and under) $ 60.00
(b) Medium size boat (from 18 feet up to 30 feet) $ 85.00
(c) Large size boat (30 feet and over) $ 160.00
16.5 Underwater Recovery Services
The above listed hourly labor rates as shown in Section 16.3, based on 15 minute intervals,
are the maximum allowable (per hour, and according to wrecker class and service required)
for recovery from salt or fresh water. If an additional tow truck is required to perform the
recovery, the rate charged shall be the amount set forth in Section 16.3 Maximum Rates
Allowed by City, Section 4.3.3. If required, a Certified Salvage Diver shall be provided by
City.
16.6 Special Events/Standby Towing
The rates listed below are the maximum allowable (per hour and according to wrecker
class) for standby wreckers during Special Events.
When asked to provide Special Events Towing, Towing Agency shall be entitled to payment
for the number of hours of standby time, which exceeds the number of vehicles towed.
Standby hours shall be paid at the towing rates listed below and must be authorized by the
Police Officer in charge at the scene.
(1) Class "A"
- Hourly standby rate
(2) Class "B" $ 88.00
- Hourly standby rate
(3) Class "C" $ 160.00
- Hourly standby rate
(4) Class "D" $ 215.00
- Hourly standby rate $ 250.00
NOTE: Towing Agency shall not charge nor shall be compensated for both standby and
regular working towing rates, if directed to remove a vehicle during a special event. Only
one or the other rate shall apply and be authorized, until the completion of the event.
16.7 Storage Rates
Daily rates for all vehicle storage are based on a 24-hour day. The daily rate shall apply
according to the type of vehicle stored. Storage will only be assessed to owner of vehicle
when notified, as provided by Florida State Statutes 715.05 and 713.78.
The following are the maximum allowable rates:
(1) Any Vehicle - If released during the first six (6) hours No charge
(2) Motorcycles - Daily rate $ 12.00
(3) Passenger Vehicles - Daily rate $ 20.00
(Less than 20 feet in length and 8 feet in width)
(4) Larger Vehicles - Daily rate $ 35.00
(Including trucks over 3/4 ton, boats, (one charge, with or without trailers),
trailers, etc.) Note: Vehicle must be over 20 feet in length.
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(5)
inside storage - An additional $5.00 per day may be charged for inside storage
upon the written direction of the City Enforcement Officer on the tow slip, or with
the signed consent of the owner.
(6) Use of Overflow Storage Area - Towing Agency shall not make any extra charge
to customer retrieving a vehicle from an overflow storage area. Towing Agency
may either bring a vehicle, which is stored in an overflow lot to the customer at the
main office and storage area, or transport owner/designee to the overflow storage
area to retrieve vehicle. There shall be no charge for this service.
(7) Covering charge - A covering charge of (one dollar ($1.00) a day may be added to
a vehicle that must be covered with plastic material to shelter out the weather
elements due to broken window, etc. and must be authorized by the impounding
officer and noted on the pound slip.
16.8 Towing of Multiple Vehicles, Jet Skis, Engines, etc.
A separate pound slip shall be completed on each vehicle, or item, and towing company
shall be entitled to the specified tow fee for the required class wrecker on each vehicle or
item.
16.9 Towing of Vehicles and Boats located within City's Auto Pound
Towing of vehicles and boats within the City's Auto Pound, located at 300 N.W. 7th Street,
shall be provided by the Towing Agency awarded that Zone. The rates for any tows in the
Auto Pound shall not exceed the labor rates specified in Section 16.3 or per the two prices
indicated below under Category B. Firm shall respond only upon the receipt of a call for
service by the City and shall compensate Towing Agency accordingly.
CATEGORY B : Towing of City -owned, leased, rented vehicles, or vehicles under the
jurisdiction of the City
Towing prices shall be proposed based a flat rate, all -encompassing fee for each specified
area. included in the fee is 15 minutes of wait time and any special equipment such as, but
not limited to, dollies. The prices listed below are maximum amounts to be paid to Towing
Agency by the City.
Tows within Miami -Dade County, 30 min. maximum response time$ 30.00
Tows outside Miami -Dade County, , 1 hrresponse time $ 30.00
Towing of City Owned Boats $100.00
Hourly wait time, paid on half-hour intervals $ 15.00
Mileage Rate $ 1.75
Class "B" (1't 30 min. on scene) $ 40.00
Class "C" (1" 30 min. on scene) $ 100.00
Class "D" (1' 30 min. on scene) $ 150.00
Lowboy/Landoll (Rate /hr. from initial departure) $ 150.00
Heavy Duty hourly wait time paid on % hour intervals $ 37.50
The mileage rate shall be one-way beginning at either the northern Broward County line or
the southern Miami -Dade County line. The mileage rate for heavy-duty tows shall begin
outside of City of Miami jurisdiction. The mileage rate shall be added to the flat fee of
$30.00 for tows outside of Miami -Dade or Broward County (e.g. a vehicle is located in Boca
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Raton, Palm Beach County, 15 miles one way from the Broward County line. The tow fee
would be $30.00 plus 15 times the mileage rate of $1.75 for a total of $56.25).
Boat Towing
Boat tows will be based on trailer able boats up to 30 feet and priced on the flat City rate
listed in Category B: Towing of City -owned vehicles, plus one-way mileage if towed from
outside the City limits at the pickup point (location of disabled boat).
SECTION XVII - APPLICABILITY OF RATES AND CHARGES
All above rates shall remain as stated or as accepted by City, except where unusual circumstances
warrant change. Charges for services not covered by this Agreement shall be calculated at a
compensatory rate of special equipment rental plus the hourly labor rate established herein. Use
of special equipment shall be restricted to unusual circumstances and must be approved in writing
by the officer on the scene.
The rate structures applied and charged by Towing Agency shall depend upon requirements of the
j ehicle(s) to be removed. and upon the needs and conditions of the particular situation to which
Towing Agency is called, regardless of the actual tow truck and/or equipment used. The class of
wrecker and type of equipment to be dispatched shall be the responsibility of the officer on the
scene, the complaint sergeant or other designated City representative. Situations, which require
the removal of various vehicle parts, shall be charged at the hourly rate of the equipment used.
SECTION XVIIi - BILLING
Towing Agency agrees to (a) itemize fully all bills on standard forms acceptable to City as attached
(Attachments A, B, and C);, (b) number all bills to correspond with the Miami Police department
Vehicle Storage Receipt number and (c) keep copies of all bills and invoices on file for a minimum
of three years. Copies of all bills shall be provided to the City upon request.
Itemization of bills shall include a detailed description of the type of services performed and/or
equipment used, conforming to the descriptions and wording provided herein (i.e., Class "A" Base
Rate, Additional Mileage, Hourly Labor Rate, Dollies, etc.) When bringing vehicle to Towing
Agency storage facility, Towing Agency shall note arrival and departure times on vehicle tow slip.
SECTION XIX - COLLECTION AND PAYMENT
All payments due to the Towing Agency shall be made by vehicle owner or his/her designee, upon
receipt of itemized bills for services rendered. The City shall have no liability and will be held
harmless and indemnified for payment owed to Towing Agency. When presented with proper
identification, Towing Agency shall accept payment for charges from the vehicle owner or
authorized representative in any of at least two of the three following forms:
(1) Cash, money order or valid traveler's check
(2) Valid bank credit card
(3) Valid personal check showing on its face the name and address of the vehicle owner or
authorized representative.
Payment shall be made directly by the City to a Towing Agency operating under this Agreement
only in the case of a standby charge for special events, special processing, or when specifically
approved by the Chief of Police, the Director of General Service Administration, or the Fire,
Rescue and Inspection Services Chief.
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Towing Agency shall pay to City the City administrative charges on a monthly basis. The format
for submitting such payments shall be determined by the City. All payments must be in the form of
a cashier's check or money order, payable to the City. Personal or business checks will not be
acceptable for payment purposes. Current orfuture payment plans with the City for payment cf
overdue monies owed the City will not be accepted or honored.
All firms are required to remain current in their payment of monies owed to the City while under
contract. When a towing firm is officially notified by the Finance Department that it is in arrears, at
any time during the towing contract with the City, and it fails to pay all monies by the due date, it
shall be subject to termination of the towing contract, for the remainder of the entire contract,
including extension terms, as applicable. Further, its overdue fees shall be collected by the City
from its irrevocable Letter of Credit, and the City may pursue other legal recourse to collect any of
the remaining balance, if applicable. Regardless of whether the towing agency remains under
contract or has been terminated from said contract for its failure to meet all requirements of the
contract, the City shall, via any and all legal means necessary, seek recoupment of all monies due
the City payable in full, includingrattorney's fees. It, maay alssQF:be disbarred by the City -as a vender
aid be prevented fiom future participation in a towing contract.
Further, payments due the City from the Towing Agency shall be payable to the City no later than
the 20th day of the month. Whenever any Towing agency fails to collect or remit to the Finance
Department monies owed the City within the time limit therefore, the City shall assess the Towing
Agency the amount of monies due, plus interest at the rate of one percent (1%) per month or any
fraction thereof, and a penalty of ten percent (10%) of the monies due on uncollected or unremitted
amounts.
All administrative fees for public and private towing shall be paid monthly by the due date to the
City's Finance Department instead of the Miami Police Department. Payments shall be made each
month by cash, cashier's check or money order. No personal or company checks will be accepted.
Payments shall be made directly to:
City of Miami Accounting Division
Finance Department
P.O. Box 330708
Miami, FI. 33233-0708
The Miami Police Department, on an on -going basis, will provide the Finance Department with the
Miami Police Towing Administrative Fee Remittance Report, and the Miami Police Towing
Administrative Vehicles Pending Release Report. The Finance Department will then reconcile the
towing reports and assessment with the monies received, and bill and collect any outstanding
amounts due to the City. Ms. Maria Leas -Sanchez, Assistant Collections Supervisor, at (305) 416-
1920 or email mleis(ci.miami.fl.us has been designated for this assignment by the Finance
Department. Firms can contact Ms. Leis to make payments and to determine overall status of
payments and monies owed, if applicable.
It is hereby understood by and between City and Towing Agency that the payments due to City
from Towing Agency shall be payable to City no later than the 20th day of the month, for all
vehicles towed and paid for through release to owner or lien holder, or auctioned during the
immediately preceding month. Additionally, Towing Agency must return a Miami Police Tow Log
and Administrative Fee Remittance Report with their payment. Upon expiration or within thirty (30)
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days after receipt of notice of termination of this agreement, Towing Agency shall pay to the City all
monies due through the date of termination or expulsion.
Towing Agency shall pay to the City the City administrative charges on a monthly basis. City may
waive City administrative cost if owner does not claim vehicle. .A copy of the certificate of
destruction or title shall be provided.
City may waive City administrative cost only if owner does not claim vehicle or disposition of
vehicle does not generate any revenues. To be exempt from charges, a copy of the certificate ,of
destruction or title must be provided along with the Towing Report, and exemption must be
approved by the City. If Towing Agency fails to provide said proof, Towing Agency shall be
responsible for payment of administrative surcharges.
SECTION XX - ETHICS AND CONDUCT:
Towing Agency shall conduct its business in an orderly, ethical, and businesslike manner, and
shall use every means to obtain and keep the confidence of the motoring public.
(1) Personnel shall conduct themselves in a courteous and businesslike manner, so as not to
bring any undue criticism to City.
(2) Towing Agency shall be responsible for ensuring that all of the operational personnel shall
be of previous and continuous good moral character.
(3)
Towing Agency operators shall neither solicit nor induce drivers or owners to patronize
particular garages or mechanics. The rebate or payment of money or any other valuable
consideration to Towing Agency personnel from a garage or mechanic is prohibited.
(4) Giving gratuities to any employee of the City is prohibited and any violation hereof by.
Towing Agency shall, constitute grounds for the summary and immediate revocation of this
Agreement.
SECTION XXI - SUSPENSION PROCEDURES:
(1) Towing Agency may be suspended for any violation of the provisions of this Agreement, which,
in the sole discretion of the Towing Review Board, may be cause for such suspension, as follows:
(a) First Violation up to 7 days.
(b) Second Violation up to 14 days.
(2) Should a third violation occur, upon recommendation of the Towing Review Board; the City
Manager may terminate this agreement, also see Section XXIV.
(3) By accepting a Zone, Towing Agency agrees to the reasonableness of the suspension
procedures and that the same are necessary to enable City to fulfill its duties of safety and
control of City's highways. Further, by accepting a Zone, Towing Agency is required to follow
Chapter §323, as amended , and subject to the remedies as provided therein.
SECTION XXII — IRREVOCABLE LETTER OF CREDIT:
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Towing Agency shall submit to the City, as a part of the Contract execution, together with the
Contract to be executed, an Irrevocable and unconditional Letter of Credit ("Letter of Credit") in the
amount of Ten Thousand Dollars (110,000.00). The City acknowledges receipt of an irrevocable
letter of credit in the amount of $10,000.00, which has been delivered by Towing Agency to the
City to secure Towing Agency's performance under this Agreement. Towing Agency agrees and
acknowledges that the City may, without demand or notice to the Towing Agency, collect from the
Letter of Credit all amounts due to City by Towing Agency and all other amounts required by the
City to cure any default of Towing Agency under this Agreement, in the City's sole discretion,
including all amounts incurred in the investigation of an occurrence of a default and/or The
enforcement of this Agreement, including reasonable attorney's fees and costs. In the event that
the City draws upon the Letter of Credit, Towing Agency agrees to take all action necessary to
cause a new letter of credit to be issued, as herein required, or to restore the amount of the Letter
of Credit to its original amount within five (5) days after receipt of City's notice that it has drawn
upon the Letter of Credit, if applicable.
Towing Agency must establish a new, Irrevocable and "unconditional Letter of Credit in the amount
of $10,000 reflecting RFQ #04-05-054R, and meeting all of the requirements of the RFQ,.tt .shall..
remain in effect and irrevocable during the complete term of the Contract. Written verification
issued by the financial institution that the Irrevocable Letter of Credit is current must be provided to
the Contract Administrator on annual basis. Failure to maintain the Letter of Credit in the amount of
$10,000 and in a continuous current status will result in the termination of the Towing Agency(s)
from the towing contract.
The Letter of Credit shall be subject to approval as to form by the City Attorney and Risk
Management, and shall be in effect and irrevocable and unconditional during the entire term of the
Contract.
SECTION XXIII - DEFAULT
The occurrence of any one of the following events shall constitute an event of default:
(a) Failure to make any payment to the City on the date the same is due
(b) Breach or failure to observe or comply with any provision of this agreement or laws, codes ,
rules or regulations referenced therein
(c) Failure to maintain required insurance, bonding or letter of credit
Upon the occurrence of any event of default the City, in addition to other remedies available by
law, shall have the right to exercise its rights under the Letter of Credit, as provided in Section XXII
above and/or terminate this Agreement in accordance with the provisions of Section XXIV below.
SECTION XXIV - TERMINATION FOR CAUSE:
The City Manager shall have the right to terminate this Agreement upon the occurrence of any of
the following events:
(a) Towing Agency's failure to tow within the guidelines of this contract, after the third notice of
poor performance.
(b) The occurrence of a monetary default under Section XXIII (a) above which is not cured
within ten (10) days following the City's notice of default,
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(c)
Towing Agency's failure to comply with the provisions of Section XXII above within the time
specified therein.
(d) Towing Agency's failure to comply with the insurance requirements set forth in Section XL
hereof.
(e) With respect to any other event of default, upon the recommendation of the Towing Review
Board.
Adjudication as bankrupt.
The filing of insolvency, reorganization or bankruptcy petition (voluntary or involuntary).
Abandonment of Towing Agency premises or discontinuance of operations.
The making of general assignment for the benefit of creditors.
Making any charge at rates greater than those established by this Agreement.
Making changes to the name, structure, control or entity of a Towing Agency's corporate
status by way of transferring stock in the amount of five (5) percent or greater, without the
prior written consent of the City Manager
SECTION XXV - TERMINATION WITHOUT CAUSE:
The City acting by its City Commission shall have the right to terminate this Agreement at any time,
without cause and without any liability to the City if such termination has been determined by the
City Commission to be in the best interest of the City. In such event the City shall give Towing
Agency at least 90 days prior written notice of termination.
SECTION XXVI - COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Towing Agency and City shall comply with all applicable federal, state, and local laws, codes,
ordinances, rules, and regulations in performing its duties, responsibilities, and obligations
pursuant to this Agreement.
SECTION XXVII - GENERAL CONDITIONS:
(1) All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be sent by personal service, or by registered or
certified mail addressed to the other party at the address indicated herein, or as the same
may be changed from time to time. Such notice shall be deemed given on the day on
which personally served; or, if by mail on the fifth (5) day after being posted or the date of
actual receipt, whichever is earlier.
CITY OF MIAMI
Traffic Division
Wrecker Detail
400 NW 2 Avenue
Miami, Florida 33128
With a copy to :
City Manager
10th Floor, MRC, 444 SW 2nd Av.
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TOWING AGENCY
Miami, Fl. 33130
(2) Title and paragraph headings are for convenience reference, and are not a part of this
Agreement.
(3) In the event of conflict between the terms of this Agreement and any terms or conditions
contained in any attached documents, the terms in this Agreement shall rule.
(4) No waiver or breach of any provision of this Agreement shall constitute a waiver of any
subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
Should any provision, paragraph, sentence, word or phrase contained in this Agreement be
determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida, or the City of Miami, such provisions,
paragraph, sentence, word, or phrase shall be deemed modified to the extent necessary in
order to conform with such laws, or if not modifiable, to conform with such laws, _then .the
same shall be deemed severable, and in either event, the remaining terms and provisions
of this Agreement shall remain unmodified and in full force and effect.
SECTION XXVIII - OWNERSHIP OF DOCUMENTS:
All documents developed by Towing Agency under this Agreement shall be delivered to City by
said Towing Agency upon completion of the Service and shall become property of City, without
restriction or limitation on its use. Towing Agency agrees that all documents maintained and
generated pursuant to this agreement are subject to all provisions of the Public Records Law,
Chapter 119, Florida Statutes.
(5)
It is further understood by and between the parties, that any information, writings, maps, contract
documents, reports, or any other matter whatsoever which is given by City to Towing Agency
pursuant to this Agreement shall at all times remain the property of City and shall not be used by
Towing Agency for any other purposes whatsoever without the written consent of City.
SECTION XXIX - NONDELEGABILITY:
The obligations of Towing Agency under this Agreement shall not be delegated or assigned to any
other person or firm without the City's prior written consent.
SECTION XXX- AUDIT RIGHTS:
City shall have right to, and Towing Agency shall preserve and make available, at anytime for
examination and audit by the City, as applicable, all financial records, supporting documents,
statistical records, and any other documents pertinent to this Agreement for a minimum period of
three (3) years after termination of this Agreement. Reference §18-102, as amended.
SECTION XXXI - AWARD OF AGREEMENT:
Towing Agency warrants that it has not employed or retained any person employed by City to
solicit or secure this agreement and that it has not offered to pay, paid, or agreed to pay any
person employed by City, any fee, commission, percentage, brokerage fee, or any gift of any kind
contingent upon or resulting from the award of this Agreement.
SECTION XXXII - CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to the laws, statutes, and case laws of
the State of Florida.
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SECTION XXXIII - SUCCESSORS AND ASSIGNS:
This agreement shall be binding upon the parties herein, their heirs, executors, legal
representatives, successors, and assigns.
SECTION XXXIV - INDEMNIFICATION:
Towing Agency hereby agrees to pay on behalf of, indemnify, defend, and hold harmless the City
and City's officers, agents, and employees from and against any and all suits, actions, legal, or
administrative proceedings, claims, demands, damages, liabilities, interest, attorney's fees, costs
and expenses of whatsoever kind or nature, for any personal injury, loss of life or damage of
property, whether arising before or after completion of the work hereunder, and in any manner
directly or indirectly caused, occasioned or contributed to in whole or part by reason of any act,
omission, fault or negligence, whether active or passive, of Towing Agency, or anyone acting under
its direction or control, or on its behalf, in connection with this contract. The Towing Agency's
aforesaid indemnity and hold harmless agreement shall not render such Towing Agency
responsible of any liability caused by sole negligence of the City. This indemnification shall survive
the cancellation or expiration of this Agreement.
SECTION XXXV - CONFLICT OF INTEREST:
(1) Towing Agency covenants that no person employed by agency exercises any functions or
responsibilities in connection with this Agreement has any personal financial interests,
direct or indirect with City. Towing Agency further covenants that, in the performance of
this Agreement, no person having a conflicting interest shall be employed. Any such
interests in the part of Towing Agency or its employees must be disclosed in writing to City.
(2) Towing Agency is aware of the conflict of interest laws of the City of Miami (Miami City
Code Chapter 2, Article V), Miami -Dade County, Florida (Miami -Dade County Code,
Section 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects
with the terms of said law.
SECTION XXXVI - INDEPENDENT CONTRACTOR
Towing Agency and its employees and agents shall be deemed to be independent contractors, and
not agents or employees of City, and shall not attain any rights benefits under the Civil Service or
Pension Ordinances of City, or any rights generally afforded classified or unclassified employees;
further, he/she shall not be deemed entitled to the Florida Worker's Compensation benefits as an
employee of City.
SECTION XXXVII - NONDISCRIMINATION:
Towing Agency represents and warrants to the City that the Towing Agency does not and will not
engage in discriminatory practices and that there shall be no discrimination in connection with the
performance of this Agreement on account of race, color, sex, religion, age, handicap, marital
status or national origin.
Towing Agency further convenants that, in connection with the conduct if its business, including
rendition of services and employment of personnel, all persons having appropriate qualifications
shall be afforded equal opportunity for employment.
SECTION XXXVIII - MINORITY/WOMEN PROCUREMENT COMPLIANCE:
Towing Agency acknowledges that it has been furnished a copy of Ordinance No. 10062, entitled
the Minority and Women Business Affairs and Procurement Ordinance of the City of Miami, Florida,
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(3)
and agree to comply with all applicable substantive and procedural provisions therein, including
any amendments thereto.
SECTION XXXIX - ENTIRE AGREEMENT:
This instrument and its attachments constitute the sole and only Aoreement 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 XL - INSURANCE:
Towing Agency, at its sole cost and expense, shah maintain in force and effect at all times during
the term of this Agreement, the following insurance coverage:
(1) Commercial General Liability
Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence
General Aggregate Limit
Products/Completed Operations
Personal and Advertising Injury
Endorsements Required
City of Miami included as an Additional Insured
Employees included as insured
Independent Contractors Coverage
Contractual Liability
Waiver of Subrogation
Premises/Operations
Broad Form Property Damage
(2) Business Automobile Liability
Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 500,000
Endorsements Required
City of Miami included as an Additional Insured
Worker's Compensation in the form and amounts required by state law
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
$500,000
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$1,000,000
$500,000
$500,000
(4) Employer's Liability
A.
(5)
Limits of Liability
$100,000 for bodily injury
$100,000 for bodily injury
$500,000 for bodily injury
Garage Liability including
A. Limits of Liability
B. Deductibles
caused by an accident, each accident.
caused by disease, each employee
caused by disease, policy limit
Keepers Legal Liability
$ 500,000
Comprehensive Each Auto $1,000/$2,500 Max
Collision or Upset Each Auto $1,0001$5,000 Max
City shall be named as a primary additional insured on the above -mentioned policies and coverage
and all such policies shall provide for a 30-day prior written notice to the City of termination of
change in coverage.
All insurance policies required must be written by a company or companies rated at least "A" as to
management and at least Class "V" as to financial strength in the latest edition of the Best's
Insurance Guide, published by Alfred M. Best Company, Inc., Oldwick, N.J. Insurance coverage
shall list the City as Additional Insured, and be subject to the approval of the City's Risk
Management Director. The City shall be given at least 30 days prior written notice of any
cancellation, lapse, or material modification of said insurance coverage.
SECTION XLI - AMENDMENTS:
City may, at its discretion, amend the Agreement to conform to changes in applicable City, County,
State and Federal laws, directives, guidelines and objectives. No amendments to this Agreement,
other than amendments required by changes in county, State or Federal laws, shall be binding in
either party unless in writing, signed by both parties. The parties shall incorporate such
amendments as a part of this Agreement upon review, approval, and execution hereto.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by
the respective officials thereunto duly authorized, this day and year first above written.
CITY OF MIAMI, a municipal corporation
of the State of Florida
ATTEST:
Priscilla A. Thompson
City Clerk City Manager
ATTEST:
Corporation Secretary (Title)
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JORGE L. FERNANDEZ
CITY ATTORNEY
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