HomeMy WebLinkAboutExhibit 3ATTACHMENT IV
City of Miami
Request for Qualifications (RFQ)
RFQ Number:
Commodity Codes:
Com xnodity Title:
Type of Purchase:
M/WBE Set -Aside:
Sr. Buyer:
Buyer Fax:
E-Mail Address:
Issue Date:
Voluntary Pre -Proposal
Conference:
Bid Bond:
Day/Date:
Time:
Location/Mail Address:
Directions:
RFQ Data
Purchasing Departrnent
Glenn Marcos, CPPB, Director
Miami Riverside Center
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.us/
04-05-054R
959-84; 968-90
TOWING SERVICES
THREE (3) YEARS WITH OTR FOR TWO (2) ADDITIONAL ONE (I) YEAR PERIODS
N/A
Pamela Bums, CPPB,
(305) 400-5026
pbums@ci.tniami.fl.us --
May 27, 2005 Deadline For Request Of Additional Information/Clarification: 6/8/05 •
NO
NO Letter of Credit: YES
Proposal Submission Deadline
Wednesday, June 22, 2005
2:00 PM
Office of the City Clerk
City Hall, 1" Floor
3500 Pan American Drive
Miami, Florida 33133-5504
FROM THE NORTH: 1-95 SOUTH UNTIL IT TURNS INTO USI. USI SOUTH TO 27TH AVE., TURN
LEFT, PROCEED SOUTH TO SO. BAYSI-1ORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK
TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR.
PARKING IS ON RIGHT.
FROM THE SOUTFI: USI NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, I BLOCK TURN RIGHT ON PAN AMERICAN
DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
RFO Content Sections
I.0 Introduction to Request for Qualifications
2.0 Specifications/Scope of Work describing what is needed
3.0 Special Conditions within a proposed contract
4.0 General Terms and Conditions that are general in scope
5.0 Instructions for Submitting Response to this RFQ
6.0 Response forms and Check List to be completed, signed and submitted with
Proposal
Sealed written Proposals must be received by the City of Miami, City Clerk's Office, no later than the date, time and at the location
indicated above for the Proposal Submission, Submittal of Response by fax is pot acceptable. One (1) Original and Seven (7) copies
of your proposal and response forms must be returned to the City or your proposal may be disqualified. NOTE: This RFQ does not
constitute an order for the goods or services specified. The number of copies requested in this RFQ together with completed
Response Forms must be returned.
CONE OF SILENCE ORDINANCE IS APPLICABLE TO THIS SOLICITATION
Ciro of JYlinmr
Towing Services RFQ 04-05-054R
PUBLIC NOTICE
Sealed Proposals will be received by the City of Miami City Clerk at her office located at
City Hall, First Floor, 3500 Pan American Drive, Miami, Fla. 33133 for the following:
RFQ No. 04-05-054R: The City of Miami ("City") is seeking proposals from qualified,
experienced and licensed Towing Agencies to provide Towing
Services, on a City-wide basis.
ISSUE DATE: Friday, May 27, 2005
Deadline for Request of
Additional Information: Wednesday, June 8, 2005 at 5:00 P.M.
SUBMISSION DATE: Wednesday, June 22, 2005 at 2:00 P.M.
RFQ documents may be obtained via the internet using the City's website at
www.ci.miami.fl.us/Procurement/. If you do not have internet access, you may obtain
the documents upon request, during regular business hours, at the .City of Miami
Purchasing Department, 444 S.W. 2nd Avenue, 6th Floor, Miami, Florida 33130 or by
contacting (305) 416-1906.
Proposals received after the above stated date and time or delivered to a different
address/department/division will not be considered and will be returned to the Proposer
unopened.
The City of Miami reserves the right to waive any informalities or minor irregularities; reject
any and all Proposals which are incomplete, conditional, obscure, or which contain
additions not allowed; accept or reject any proposal in whole or in part with or without
cause; and accept the Proposal(s) which best serves the City.
2
City of ;Miami
Towing Services RFO 04-05-054R
1.0. INTRODUCTION TO REQUEST FOR QUALIFICATIONS
1.1. Invitation
Thai:k you for your interest in this Request for Qualification ("RFQ") process. The City of Miami
("City"), through its Purchasing Department invites responses ("Proposals") which offer to provide
the services described in greater detail in Section 2.0: Specifications / Scope ofSeri'i, es.
1.2. Term of Contract
The Proposer(s) qualified and selected to provide the services requested herein (the "Successful
Proposer(s)") shall be required to execute a contract ("Contract") with the City, which shall include,
but not be limited to, the following terms:
A. The initial term of the Contract shall be for three (3) years.
B. The City shall have the option to extend the Contract for two (2) additional one (1) year
periods, at its sole discretion and at the same terms and conditions. Successful Proposer(s)
will be given at least thirty (30) days prior written notice.
C. Extension of the term of the Contract beyond the initial period is an option of the City to be
exercised in its sole discretion and does not confer any rights upon the Successful
Proposer(s).
1.3. Business Objective
The City, a municipal corporation of the State of Florida, is seeking the services of Successful
Proposer(s) ("Proposer(s)") for the provision of Towing Services, on a City-wide basis.
1.4. Deadline for Receipt of Request for Additional Information / Clarification
Pursuant to the Cone of Silence, any request for additional information or clarification must be
received in writing no later than 5:00 p.m. on Wednesday, June 8, 2005. Proposers may fax or
email their requests to the attention of Pamela Burns CPPB, Sr. Procurement Contracts Officer, at
(305) 400-5026 or email: pburns@ci.miami.fl.us. This RFQ is subject to the City's "Cone of
Silence" in accordance with Section 18-74 of the City's Ordinance No. 12271.
1.5. Cone of Silence
Pursuant to Section 18-74 of the City of Miami Ordinance No. 12271, a "Cone of Silence" is
imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City
Manager/Chief Administrator issues a written recommendation to the Miami City Commission.
The Cone of Silence shall be applicable only to Contracts for the provision of goods and services
and public works or improvements for amounts greater than $200,000. The Cone of Silence
prohibits any communication regarding RFPs, RFQs, RFLIs or IFB (bids) between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's
professional staff including, but not limited to, the City Manager/Chief Administrator
and the City Manager/Chief Administrator's staff, the Mayor, City Commissioners, or
their respective staffs;
3
Crty of M:ami lowing Services
RFD 04-05-054R
• the Mayor, City Commissioners or their respective staffs and the City's professional staff
including, but not limited to, the City Manager/Chief Administrator and the City
Manager/Chief Administrator's staff;
• potential. vendors, service providers, bidders, lobbyist or consultants, any member of the
City's professional staff, the Mayor, City Commissioners or their respective staffs and
any member of the respective selection/evaluation committee.
The provision does not apply to, among other communications:
• oral communications with the City purchasing staff regarding Minority/Women Business
Enterprise (M/WBE) and local vendor outreach programs;
• Communication is limited strictly to matters of process or procedure already contained in
the solicitation document;
• the provisions of the Cone of Silence do not apply to oral communications at duly
noticed site visits/inspection, pre -proposal or pre -bid conferences, oral presentations
before selection/evaluation committees, contract negotiations during any duly noticed
public meeting, or public presentations made to the Miami City Commission during a
duly noticed public meeting; or
• communications in writing or by email at any time with any City employee, official or
member of the City Commission, unless specifically prohibited by the applicable RFP,
RFQ, RFLI or bid documents.
• Communications in connection with the collection of industry comments or the
performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City
Purchasing staff.
Proposers or bidders must file a copy of any written communications with the Office of the City
Clerk, which shall be made available to any person upon request. The City shall respond in writing
and file a copy with the Office of the City Clerk, which shall be made available to any person upon
request. Written communications may be in the form of e-mail, with a copy to the Office of the City
Clerk at jcerrato@ci.miami.fl.us.
In addition to any other penalties provided by law, violation of the Cone of Silence by any Proposer
or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror,
Respondent, lobbyist or consultant shall subject same to potential debarment pursuant to the City
Code. Any person having personal knowledge of a violation of these provisions shall report such
violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers
or bidders should reference Section 18-74 of the City Code for further clarification. •
This language is only a summary of the key provisions of the Cone of Silence. Please review City
Ordinance No. 12271 for a complete and thorough description of the Cone of Silence. You may
contact the City Clerk at (305) 250-5360, to obtain a copy of same.
4
City of Miami Towing Services RFQ Od-O5-0.54R
1.6. Clarification
Requests for additional information or clarifications must be made in writing and received by the
Senior Buyer specified on the cover sheet of this RFQ, in accordance with the deadline for receipt of
questions specified in the RFQ (see Section 1.4) and the Cone of Silence (see Section 1.5). The
request must contain the RFQ number and title, Proposer's name, name of Proposer's contact
person, address, phone number, and facsimile number.
Electronic facsimile or email requesting additional information will be received by the Sr. Buyer for
this RFQ at the fax number or email address specified on the cover sheet of this RFQ. Facsimiles
must have a cover sheet which includes, at a minimum, the Proposer's name, name of Proposer's
contact person, address, number of pages transmitted, phone number, facsimile number, and RFQ
number and title.
The City will issue responses to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the Proposal Submission Date. Proposers should not
rely on any representations, statements or explanations other than those made in this RFQ or in any
written addendum to this RFQ. Where there appears to be conflict between the RFQ and any
addenda issued, she last addendum issued shall prevail.
1.7. Award of Contract(s)
The opportunity to enter into a Contract(s) shall be afforded to each of the awarded Qualified
Proposers.
The City reserves the right to extend the Contract for up to one hundred twenty (120) calendar days
beyond the stated contract term in order to provide the City with continual service while a new
solicitation is evaluated and/or awarded. If the right is exercised, the City shall notify the Successful
Proposer(s) of its intent to extend the Contract at the same price, terms and conditions for a specific
number of days. Additional extensions over the first one hundred twenty (120) day extension may
occur, if the City and the Successful Proposer(s) are in mutual agreement of such extensions.
1.8. Contract Execution
Contract will be negotiated between the awarded Successful Proposer(s) and the City.
1.9. Unauthorized Services
The Successful Proposer(s) shall not begin work until a City purchase order ("Purchase Order") has
been issued. The Purchase Order(s) shall specify the price and period of time allotted for the
completion of the services.
1.10. Instructions
Careful attention must be given to all requested items contained in this RFQ. Proposers are invited to
submit Proposals in accordance with the requirements of this RFQ. Please read the entire solicitation
before submitting a Proposal. Proposers shall make the necessary entry in all blanks provided for the
responses, when applicable.
The entire set of documents constitutes the RFQ. The Proposer must return all information necessary
for the City to properly analyze Proposer's response in total and in the same order in which it was
5
City of Miami
Towing Services RI•C) 04-0 -0.54R
issued. Proposer-s notes, exceptions, and continents may be rendered on an attachment, provided the
same format of this RFQ text is followed. All Proposals shall be returned in a sealed envelope with the
RFQ number, title, and dosing date and time clearly stated on the outside of the envelope/package.
Proposers must provide a response to each requirement of the RFQ. Proposals should be prepared in a
concise manner with an emphasis on completeness and clarity.
1.11. Changes / Alterations
Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline;
however, no oral modifications will be allowed.
1.12. Discrepancies, Errors, and Omissions
Any discrepancies, errors, or ambiguities in the RFQ or addenda (if any) should be reported in writing
to the City's Purchasing Department. Should it be necessary, a written addendum will be incorporated
to the RFQ. The City will not be responsible for any oral instructions, clarifications, or other
communications.
1.13. Disqualification
The City reserves the right to disqualify Proposals before or after the submission date, upon
evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer. It
also reserves the right to waive any immaterial defect or informality in any Proposals; to reject any
or all Proposals in whole or in part, or to reissue a Request for Qualifications.
1.14. Proposal Receipt
Sealed Proposals will be accepted in accordance with the instructions detailed on the cover of this
RFQ. After that date and time, Proposals will no longer be accepted. The Proposer shall file all
documents necessary to support its Proposal and shall include them with its Proposal. Proposers shall
be responsible for the actual delivery of Proposals during business hours to the exact address indicated
on the cover and in the RFQ. Proposals that are not received by the City Clerk's Office by the deadline
established in the RFQ shall not be accepted or considered by the City.
1.15. Capital Expenditures
The Proposer understands that any capital expenditures that the Proposer makes, in order to perform
the services required by the City in this RFQ, is a business risk which the Proposer may include in
its proposed price. The City, however, is not and shall not pay or reimburse any capital expenditures
or any other expenses; incurred by any Proposer in anticipation neither of a Contract award nor to
maintain the approved status of the Proposer if a Contract is awarded.
1.16. Irrevocable Letter of Credit / Security
The Successful Proposer(s) shall submit to the City, as a part of the Contract execution, together
with the Contract to be executed, an Irrevocable Letter of Credit ("Letter of Credit") in the amount
of Ten Thousand Dollars ($10,000.00).
All towing agencies seeking to be qualified under this RFQ must establish a new, Irrevocable Letter
of Credit in the amount of $10,000 reflecting RFQ #04-05-054R, and meeting all of the
requirements of the RFQ. It shall remain in effect and irrevocable during the complete term of the
6
City of Alinnii :Towing Services RFQ O4-05-054R
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 use of an existing Letter of
Credit under prior solicitation(s) and extending same is not acceptable. Be reminded the
irrevocable Letter of Credit does not have to be provided with the Response. Instead it must be
provided and approved by the City only after the towing firm has been deemed "Qualified," and
only after the recommendation of the towing firms have been approved by the City Commission.
The Letter of Credit shall be subject to approval by the City Attorney and Risk Management, and
shall be in effect and irrevocable during the entire term of the Contract.
Proposer understands, and the Irrevocable Letter of Credit shall provide, that in the event of a
default by the Successful Proposer under the Contract, the City shall have the right to draw upon the
Letter of Credit in the amount determined by the City to be necessary to cure the default, such as
monies owed to the City by the Successful Proposer. In such event, Successful Proposer must
immediately take whatever action is required to cause the Letter of Credit to be replenished to its
original amount or have a new` irrevocable Letter Of Credit issued. Failure toy-oriipy'with this
requirement within five (5) days after City draws upon the Letter of Credit shall authorize the City
to immediately terminate the Contract with the Successful Proposer.
For the purposes of this RFQ and as part of its response, Proposer should submit a letter from its
bank, attesting to Proposer's (financial resources) capability to proffer credit/security should
a contract be awarded.
7
City o( Mami
Towing Services RFQ 04-0.7-054R
2.0 SPECIFICATIONS / SCOPE OF SERVICES
2.1 BACKGROUND
This RFQ is seeking the services of qualified, experienced, and licensed Towing Agencies to
provide towing services for two (2) Categories of services: Category A includes Police and Fire
Dispatched Towing and Wrecker Services for private vehicles; and Category B includes l owing of
City -owned, ]eased and rented vehicles. The City shall be divided into five (5) Zones for the
provision of Category A services. Successful Proposers must provide both Category A and Category
B services.
The purpose of this RFQ is to solicit qualified, experienced, and licensed towing firms for the
provision of towing services of private vehicles within the City's corporate limits, and City -owned,
leased, or rented vehicles on an as needed, when needed, basis based upon the requirements
reflected herein.
2.2 SCOPE OF SERVICES
The services to be performed are divided into two (2) Categories. These Categories are reflected
below.
Category A: Police / Fire Dispatched Towing & Wrecker Services for private vehicles
To furnish towing and wrecker services, including all labor, materials and equipment, on an
as -needed basis to the City, particularly when requested by the Miami Police and Fire -
Rescue Departments, in cases of, but not limited to, accidents, traffic hazards, scofflaws,
stolen and abandoned vehicles, etc.
For the purposes of Category A, the City has been divided into five (5) geographical Zones,
as depicted and described in the map attached hereto as Attachment C. It shall be the City's
goal to attempt to assure that within each towing Zone, the number of assigned calls for
towing is equally distributed. Sixty (60) days prior to the end of each year of the Contract,
the City reserves the right to amend the Zone boundaries in an attempt to assure that within
each towing Zone, the number of assigned calls for towing is equally distributed.
For tow truck/wrecker requirements and definitions, please see Attachment D of this RFQ.
Category B: Towing of City -owned, leased, or rented vehicles
To provide towing services outside of City limits on a monthly, rotational basis, for all City -
owned, leased or rented passenger vehicles, trucks or heavy equipment and boats, from point
of location to the City's Department of General Services Administration (GSA) Fleet
Services Division, 1390 N.W. 20th Street, Miami, Fla. Towing requests for City -owned
vehicles within the City limits shall be handled by the Towing Agency on call for that day.
Equipment used to tow shall be of a type not to damage City vehicles towed and, whenever
possible, shall be towed on a flat bed.
8
City of Miami
Towing Services RIP 04-0-05-/R
Points of location may be areas within the City, Miami -Dade County, and Broward County.
Refer to Section 2.3 and the attached draft agreement (Attachment A) as to maximum rates
established for these tows.
NOTE: All firms who seek qualification must agree to provide both Category A and Category
B services in accordance with the requirements reflected within this RFQ. Failure to agree to
provide either service in accordance with the requirements shall disqualify your firm.
Towing firms are to complete the attached Miami Police Tow Log, on a per tow basis. Towing
companies may utilize their own Log if it reflects all documentation contained within the Miami
Police Tow Log. In addition, a separate log for the towing of disabled City -owned vehicles mist' be
prepared and submitted monthly with corresponding invoices to GSA Fleet Management Division.
All towing agencies will submit the GSA towing invoices and Towing log to Victor Morales, Light
Fleet Superintendent.
2.3 MAXIMUM RATES ALLOWED BY CITY
The following shall be the maximum rates allowed to be charged for towing services. The rates set
forth in this section may be reviewed at the end of the first year of the term of the Contract and at
any time thereafter, by the Contract Administrator and an authorized designee of the Department of
General Services Administration. City representatives will meet with a representative from each of
the Towing Agencies under contract with the City prior to any rate adjustment. As part of the review
process, City representatives shall recommend to the City Manager for his approval any proposed
rate adjustments. Should a rate adjustment(s) be approved, the Contract(s) will be modified and
Towing Contractor(s) will be so notified, in writing.
Towing rates set forth in the RFQ and subsequent Contract shall be posted in a conspicuous place in
the facility and in easily readable form at all times.
CATEGORY A : Towina of Privately owned vehicles
2.3.1. Towing Rates by Wrecker Class
Base rates shall include hookup, unlocking door if necessary, dropping of linkage, use of
dolly and towing. Mileage rate, as determined below, shall be allowed for each mile or
fraction of a mile to all destinations, with the exception of a City operated storage facility.
Refer to Attachment D for description of wrecker class.
Class "A"
(a) Base Rate $ 95.00
(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
(b) Mileage Rate -after first 5 miles $ 3.50
Class "C"
(a) Base Rate $ 215.00
9
Cit:v Miami
Towing Services RFO 04-05_054R
(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, Successful Proposer(s) shall not charge a fee, e.g. "gate fee," for allowing
the owner/agent to remove the released vehicle from their property or the Successful
Proposer(s) moving the vehicle to a location where the owner/agent can take possession
of the vehicle.
2.3.2. Auxiliary Charges
Any auxiliary services (e.g., low -boy tractor trailer or use of air bag recover system) are to be
performed only if required and appropriate.
(1) Low -boy Tractor Trailer $180.00 per hr
Air Cushion Recovery $180.00 per hr
(2) Successful Proposer(s) 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 Successful
Proposer(s) for administrative services. This service refers to and includes verification of
public V.I.N.; search of vehicle for ownership information; preparation and processing of
paperwork; owner/lienholder information search; preparation and mailing of the first
notification letter to owner. This administrative fee will include the cost for the labor and
postage for the mailing of the notification letter(s), as required by law. Per the RFQ, all
actual fees imposed by the State for obtaining pertinent ownership information and actual
postage fees will be in addition to Section 2.3.2 cited herein.
The actual fee required by local tag agencies or computer service access time may be added
to the above charges, but shall not exceed $2.00 per vehicle. Fees required by out of state
governmental agencies may be added to the above charges. Towing Agencies will be
required to justify the additional charges. All mailings to owners, lienholders, and
governmental agencies (for ownership/lienholder information requests), will be done by
CERTIFIED MAIL. This administrative service charge will not be imposed by the
Successful Proposer(s) during the first 24 hours of impoundment.
10
City of Miami
Towing Services RFQ 04-05-O54R
Failure to comply with the owner/lienholder notification provisions as required by Florida
Statutes Sections 715.05 and 713.78, shall make void any and all claims of storage charges
by the Successful Proposer(s) for the impounded vehicle.
2.3.3 )dourly Labor Rate. The following listed below shall be the maximum hourly labor
rates allowed at a scene to be charged for towing service.
Labor rates shall be based on 15 minutes intervals, after the first thirty (30) minutes on the
scene for actual labor or waiting, and according to the wrecker class required. No fees shall
be charged for waiting time for releasing a vehicle at the City storage facility, unless the on -
site wait is in excess of thirty (30) minutes after notification of arrival.
(a) First 30 minutes on the scene included in base hourly rate
(b) Class "A"
- Each 15 minute interval $ 23.75
- Hourly rate $ 95.00
(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 equipment.
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
Successful Proposer(s) shall be paid the tow rate according to the class of the wrecker
required.
The Contract Administrator or an authorized designee of the Department of General Services
Administration may review the labor rates set forth in this section at the end of the first year
of the term of the Contract and at anytime thereafter. City representatives will meet with a
representative from each of the Successful Proposer(s) 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 Successful Proposer(s)
shall be notified in writing of the new rate.
11
City of Miami
Towing Services RFU 04-05-054R
2.3.4 Trailer. Charges for use of boat trailer or other trailer when authorized by the
Contract Administrator, shall be in accordance with the following schedule for each
movement of vessel size:
(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
2.3.5 Underwater Vehicle Recovery Services
The Iisted hourly labor rates as shown in Section 2.3.3, based on 15 minute intervals, are the
maximum allowable (per hour, and according to wrecker class and service required) for
vehicle 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 2.3 Maximum Rates
Allowed by City, Section 2.3.3 Hourly Labor Rate. If required, a Certified Salvage Diver
shall be provided by City.
2.3.6 Special Events/Standby Towing
The rates listed below are the niaxirnum allowable (per hour and according to wrecker class)
for standby wreckers during Special Events.
When asked to provide Special Events Towing, Successful Proposer(s) 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 $ 95.00
(2) Class "B"
- Hourly standby rate $ 160.00
(3) Class "C"
- Hourly standby rate $ 215.00
(4) Class "D"
- Hourly standby rate $ 250,00
NOTE: Successful Proposer(s) shall not charge nor shall be compensated for both standby
and regular working towing rates, if directed to remove a vehicle during a special event.
Only one or the other rate shall apply and be authorized, until the completion of the event.
(e.g. If Successful Proposer(s) works an Orange Bowl event, and is there for 4 hours and
tows 3 vehicles, it is entitled to 1 hour standby time as stated in 2nd paragraph of Section
2.3.6. Firm will not be compensated towing and standby if it works the event for 4 hours and
tows 4 vehicles; firm will receive either the standby time, or the fee for each vehicle that is
towed. Firm will not get paid for 4 hours standby and also for the 4 tows).
2.3.7 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.
12
City of ;4liami
Towing Services RF() 04-05-054R
The following are the maximum allowable rates:
(1) Any Vehicle - If released during the first six (6) hours No charge
(2) Motorcycles - Daily rate $ 12.00
(3) Passenger Vehicles - Daily rate $ 20.00
(Less than 20 feet in length and 8 feet in width)
(4) Larger Vehicles - Daily rate $ 35.00
(Including trucks over 3/4 ton, boats, (one charge, with or without trailers), trailers,
etc.) Note: Vehicle must be over 20 feet in length.
(5) Inside storage - An additional $5.00 per day may be charged for inside storage
upon the written direction of the City Enforcement Officer on the tow slip, or with
the signed consent of the owner.
(6) Use of Overflow Storage Area - Successful Proposer(s) shall not make any extra
charge to customer retrieving a vehicle from an overflow storage area. Successful
Proposer(s) may either bring a vehicle, which is stored in an overflow lot to the
customer at the main office `and storage area, or transport owner/designee to the
overflow storage area to retrieve vehicle. There shall be no charge for this service.
2.3.8 Towing of Multiple Vehicles, Jet Skis, Engines, etc.
A separate pound slip shall be completed on each vehicle or item and Successful Proposer(s)
shall be entitled to the specified tow fee for the required class wrecker on each vehicle or
item.
2.3.9 Towing of Vehicles and Boats located within City's Auto Pound
Towing of vehicles and boats within the City's Auto Pound, located at 300 N.W. 7th Street,
shall be provided by the Successful Proposer(s) awarded that Zone. The rates for any tows in
the Auto Pound shall not exceed the labor rates specified in Section 2.3.3, Hourly Labor
Rate. Firm shall respond only upon the receipt of a call for service by the City and shall be
compensated accordingly.
CATEGORY B : Towing of City -owned, leased, or rented vehicles
Towing fees shall be based upon a flat rate, all -encompassing fee for each specified area.
Included in the fee is 15 minutes of wait time and any special equipment such as, but not
limited to, dollies. The fees listed below are maximum amounts to be paid to Successful
Proposer(s) by the City.
Tows within Miami -Dade County, 30 min. maximum response time... $ 30.00
Tows outside Miami -Dade County, , 1 hr. response 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" (1st 30 min. on scene) $ 40.00
Class "C" (1st30min. on scene) $100.00
Class "D" (1st 30 min. on scene) $150.00
Lowboy/Landoll (Rate /hr. from initial departure) S150.00
Heavy Duty hourly wait time paid on'/a hour intervals $ 37.50
13
City of Miami
Towing, Services RFO 04-05-054R
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 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 Raton, Palm
Beach County, 15 miles one way from the Broward County Iine. 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 trailerable boats up to 30 feet and priced on the flat City rate
listed in Category B: Towing of City -owned, leased, or rented Vehicles, plus one-way
mileage if towed from outside the City limits at the pickup point (location of disabled boat).
NOTE: QUALIFIED TOWING AGENCIES MUST ALSO AGREE TO PERFORM
CATEGORY B SERVICES FOR CITY OWNED, RENTED, OR LEASED
VEHICLES TO QUALIFY TO PROVIDE TOWING SERVICES UNDER THIS RFQ.
2.4 MINIMUM QUALIFICATIONS OF PROPOSER.
Responses shall be considered only from firms that are regularly engaged in the business of
providing towing services as described herein. The Proposer shall meet each of the following
minimum requirements, and submit documentation as required pursuant to this RFQ. Failure
to submit evidence of satisfaction of the minimum qualifications shall result in the Proposer being
deemed not qualified.
A. Proposer must; (i) be, and have been, regularly and primarily engaged in the business of
providing Towing Services; (ii) have a satisfactory record of performance providing
towing services within the City for a 'period of at least four (4) years immediately
preceding the submission; and (iii) have sufficient financial support, equipment,
facilities, and personnel to ensure that the services can be satisfactorily performed if
awarded a contract.
B. Proposer must be fully licensed to perform the services. This includes occupational
license(s) and any other licenses needed to provide towing and storage for the City of
Miami, as outlined in this RFQ, such as licenses to tow from the public right-of-way.
Towing licenses to tow from private property exclusively are not acceptable. Copies of
all current licenses are to be submitted with your Response.
C. Proposer must have an office and storage facility established in the City, preferably in the
Zone for which the Response is being submitted. The customer waiting area shall be
covered. The office shall be a permanent structure (no temporary trailers, mobile homes;
etc.) and its office and facility must have been located and established within the City for
a minimum of one (1) year prior to issuance of this RFQ. While it is the City's
requirement that the firm must have its office and facility within the City for at least one
year before the RFQ was issued, it is not a mandate that its address must have been the
same during that one year. Written verification that a towing agency has been located
within the City for an entire year must be provided (Certificate of Use, Occupational
License, lease, etc). If a firm has moved from one City address to another within the City
in the past year, that will be acceptable, however, verification of its past and present
14
City of Miami
Towing Services RFC) 04-05-051R
location within the City, regardless of the number of locations, must be provided to meet
the minimum one (1) year requirement. The Qualification Committee, or member(s)
thereof, may conduct a site visit to Proposer's facility to verify compliance with this
requirement.
D. Proposer's premises must be properly identified by signs on the exterior of structures,
(letters displayed no less than 12 inches in height), i.e. risible from the adjacent access
road. The Qualification Committee, or member(s) thereof, may conduct a site visit
to Proposer's facility to verify compliance with this requirement.
E. The premises and all equipment must be maintained in a reasonable state of cleanliness
and repair. Working areas, interior and exterior of structures shall be kept free of debris
and inappropriate articles or inconsistent with the operation of towing services. The
Qualification Committee, or member(s) thereof, may conduct a site visit to
Proposer's facility to verify compliance with this requirement. Refer to Section 2.5
for Minimum Equipment Requirements.
F. Proposer must maintain at all times during the terrn of the Contract a separate telephone
number on a twenty-four (24) hour basis for incoming police calls, separate from and in
addition to such other telephones as are necessary to provide twenty-four (24) hour
service to the public. (NO ANSWERING SERVICE, ANSWERING MACHINE OR
RECORDED MESSAGE WILL BE ACCEPTED). The Qualification Committee, or
member(s) thereof, may conduct a site visit to Proposer's facility to verify
compliance with this requirement.
G. Storage - At least one hundred (100) outside and two (2) inside storage spaces shall be
immediately available. Rates for storage area to be not more than those storage rates set
forth in the Sample Towing Agreement. Proposers shall have all the necessary licenses
for storage. The Qualification Committee, or member(s) thereof, may conduct a site
visit to Proposer's facility to verify compliance with this requirement.
H. Proposer must submit with its Response evidence that, if awarded a Contract, it
shall be able to post an Irrevocable Letter of Credit in the amount of $10,000, in
accordance with the requirements set forth below. For the purposes of this RFQ,
Proposer shall submit with his Response a letter from his bank/financial institution
attesting to the Proposer's financial stability and ability to provide an Irrevocable Letter
of Credit/Security upon execution of Contract, should Proposer be awarded a contract
under this RFQ.
I. Be in sound financial condition and shall not have conflicts of interest which may be of
embarrassment to the City. Proposer must submit the most recent certified business
financial statement as of a date not earlier than the end of the Proposer's preceding
official tax accounting period, together with a statement in writing, signed by a duly
authorized representative, stating that the present financial condition is materially the
same as that shown on the balance sheet and income statement submitted, or with an
explanation for a material change in the financial condition. A copy of the most recent
business income tax return will be accepted if certified financial statement is unavailable.
15
City of itliarni
Towing Services RFQ 04-05-054R
Additionally, Proposers are to submit a copy of their most recent independently audited
(or unaudited if audited not available) Financial Statements for the past three (3) years.
J. Proposer shall not have any member, officer, or stockholder that is in arrears or is in
default of any debt or contract involving the City; is in default or a surety upon any
obligation to the City and/or has failed to perform faithfully any previous contract with
the City. Proposer. nor any member, officer, or stockholder thereof, shall he in arrParq for
any monies owed to the City for similar services provided in the past.
K. Should a prospective Proposer be in arrears at the time of issuance of this RFQ, per
Audit 05-002 (Attachment H) prepared by the City's Office of the Auditor General
on or about February, 2005, (for the period of 10/1/02 thru 9/30/04), the Proposer
must contact Maria Leas -Sanchez, Assistant Collections Supervisor, of the Finance
Department and pay all monies stipulated therein before the date and time the
responses are due. In addition, any additional monies owed for the period of
October, 2004 up to and including the Due Date for Receipt of Responses, as
depicted within this RFQ, shall also be paid in full before the date and time
Responses are due. Ali payments must be in the form of a cashier's check or money
order, payable to the City, and proof of actual payment to the City's Finance Department
of all overdue monies must accompany the Response. Personal or business checks will
not be acceptable for payment purposes. Current or future payment plans with the City
for payment of overdue monies owed the City will not be accepted or honored. The
Finance Department shall determine if each Proposer seeking to perform towing services
is current in payments owed to the City. Should all payments not be paid in full by the
due date and time Responses are due, up to and including the due date for receipt of
responses, Proposer shall be deemed "non responsive" and shall not be allowed to
participate in the towing Contract pursuant to this RFQ.
L. 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 Iegal 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 meetall 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, including attorney's fees. It may also be disbarred
by the City as a vendor and be prevented from future participation in a towing contract.
Further, payments due the City from the Successful Proposer(s) 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
16
City of Miami
Towing Services RFQ 04-05-054R
penalty of ten percent (10%) of the monies due on uncollected or unremitted
amounts.
Each Towing Agency shall be required to return a Miami Police Tow Log and
administrative fee remittance report with its payment(s). A company tow log may be
substituted if it contains all information required in the Miami Police Tow Log.
M. All administrative fees for public and private towing shall be paia 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, Fl. 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 Administrative Prior Month 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 deten'nine overall status of payments and monies owed, if
applicable.
N. Proposers shall have sufficient personnel along with the required equipment specified on
Attachment D in order to provide the required services. It is the intent of the City to
ensure Contractor has the proper equipment in good working, condition, and employees
to satisfactorily perform according to specifications. The Qualification Committee, or
member(s) thereof, may conduct a site visit to Proposer's facility to verify
compliance with this requirement.
O. The principal(s) of a Proposer shall not be principal(s) of another responding Proposer
(for purposes of this Request for Qualifications, the term "principal" of the Proposer
means an owner, officer or member of the Proposers Board of Directors). Additionally,
no Proposer shall have a stockholder who also owns stock of another Proposer under this
RFQ.
Proposers who fail to meet any of the above minimum qualifications shall be deemed
non -responsive.
2.5 MINIMUM EQUIPMENT REQUIREMENTS
Proposers must adhere to and meet the following equipment requirements, for qualification.
Failure to meet any of the following shall disqualify Proposer. Refer to Attachment D for
further specification.
17
City of Miami Towing Services
A. Definition: The term "Tow Truck' and "Wrecker" are used in the RFQ interchangeably
to mean any motor vehicle equipped with booms, winches, or similar equipment designed
for recovery and 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,
which meets the requirements of the Miami -Dade County Towing Ordinance, and displays
the appropriate decal for Class A, B, C, or D tow truck, as specifically described in
Attachment D. All wreckers shall be fully 1tydiauiic.
B. Required Equipment by Zone: Proposers shall submit with its Response a copy of the
vehicle registration for each truck/equipment that will be used for the services of this RFQ or
evidence that it owns or has a first party lease valid for the life of the Contract for the
following equipment.
1) Firms must have a total of five (5) Class A wreckers; at least two (2) shall be Class
A, and at least two (2) shall be Class A Flatbed. The remaining 5th wrecker can be
either of the above.
2) One (1) Class "B" wrecker.
3) One (1) Cias"B" slid-c back car carrier.
4) Two (2) Class "C" wreckers, one (1) of which shall be underlift equipped or one (1)
Class "D" Wrecker which shall be underlift equipped.
Proposer shall submit with its Response a copy of the current valid vehicle registration
for each of the equipments to be used for the services in the RFQ.
C. Appearance and Condition of 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 Successful Proposer(s)'s license
number on the front of the tow truck or car carrier body, in letters at least three (3)
inches high; and on the driver and passenger sides of the vehicle doors, the
Successful Proposer(s) name in letters at least three (3) inches high; and in letters at
least one (1) inch high, the Successful Proposer(s) principal address and telephone
number. Stick -on or magnetic signs are prohibited, as are any references to police
emergency or wording denoting a similar connotation.
5) Regardless of age, Tow Truck and service vehicles can be used, as long as vehicle
meets the City's requirements in appearance and mechanical condition as set forth in
this RFQ.
2.6 INSPECTION OF FACILITY AND EQUIPMENT
As part of the process to determine qualifications, Proposers' facility(s) and equipment may be
inspected by the City's Qualification Committee, or member(s) thereof, to determine compliance
with the requirements of this RFQ.
RFQ) 04-05-O54R
18
City qf Miami
Towing Services
RFO 04-05-054R
Following execution of the Contract, inspection of facility and the equipment of Proposer(s) may be
made by members of the City Police Department at any time during the term of the Contract, as
deemed appropriate by the City.
As part of the qualification process of Proposers, should the equipment fail to meet the minimum
qualification requirements set forth in Attachment D, the Qualification Committee and/or
designated personnel shall allow Proposer(s) to be given a period of ten (10) calendar days after
written notilicat;or, by the Qualification Committee and/or:designated personnel in which to meet
the equipment requirements. After that time, a final inspection shall be conducted to determine
Proposer's full compliance with the minimum equipment requirements. Should the Proposer meet
the requirements, it shall be deemed qualified. Should the Proposer fail to meet the requirements, it
shall be deemed not qualified.
2.7 SUBMISSION REQUIREMENTS
The following documents, as a minimum, are to be submitted as part of the Response to this
RFQ. Proposer must:
1. Provide references of their relevant expPrien.ce from at least three (3) business entities for
whom it has performed towing and storage services, listing the name of the organization,
contact person, address and telephone; number, during the past three (3) years. References
should include towing within the City, and are subject to verification as part of the
qualification process.
2. Detail the physical location where Proposer's office and storage facility are located within
the City, and the period of time so established.
3. Provide verification that the firm's location has a legitimate and legal reason for being at the
physical Location as reported, and has met the minimum one (1) year requirement of it being
located within the City, per Section 2.4(C) Minimum Requirements.
4. Clearly identify which Zone(s) the Proposer is seeking to qualify to provide Category A
towing services.
5. Provide evidence of its ability to post an Irrevocable Letter of Credit in the amount of
$10,000, in accordance with the requirements of this RFQ. This evidence may be in the form
of a letter from Proposer's bank / financial institution, and its ability to provide an
Irrevocable Letter of Credit.
b. Proof that towing firm is not in arrears with any payments owed to the City, and is in fact
current by the due date for receipt of Responses. It should be noted that those firms not fully
current in monies owed the City shall be deemed non -responsive and will not be considered.
7. Provide its most recent certified business financial statement as of a date not earlier than the
end of the Proposer's preceding official tax accounting period, together with a statement in
writing, signed by a duly authorized representative, stating that the present financial
condition is materially the same as that shown on the balance sheet and income statement
submitted, or with an explanation for a material change in the financial condition, plus
provide a copy of its most recent independently audited (or unaudited if audited not
available) Financial Statements for the past three (3) years. A copy of the most recent
business income tax return will be accepted if the certified financial statement is
unavailable.
8. Completed Response, including all required forms included with this RFQ, including Zone
preferences.
19
City of Miami
Towing Services
RFO 04-05-054R
9. Copy of Current City & County Occupational License(s), where applicable
10. Copy of Current City and County Towing Licenses, where applicable
11. Copy of Current City and County Inside & Outside Storage Licenses
12. Completed Application for Wrecker Contract (Attachment B)
13. State of Florida Corporate Certification, or equivalent. A printed verification from the State
of Florida's corporate website can be utilized as proof that the towing fine is currently a
registered corporation.
14. List of full-time employees by name, title, race/ethnicity/gender.
15. Evidence of Vehicle Registration(s) or evidence of ownership or possession of first party
lease for vehicles and equipment.
16. All information requested as part of a Response to Minimum Qualifications, Section 2.4.
17. List of subcontractor(s), if applicable, and description of work to be performed.
18. Signed City form attachments as applicable.
FAILURE TO SUBMIT THE ABOVE DOCUMENTS MAY DISQUALIFY YOUR
FIRM.
20
City of EVliarni
Towing Services RFQ 04-05-O54R
3.0 SPECIAL CONDITIONS
3.1 Method of Award
A Qualification Committee (aka "Committee"), comprised of City staff, the Contract Administrator,
and a member(s) of the community, as deemed necessary, will review and evaluate all Responses
received from prospective Proposers to determine if Proposer(s) meets the minimum qualifications.
All Proposers who meet the minimum qualifications shall be eligible for consideration for contract
award. It is the City's intent to award Contracts to ten (10) qualified Proposers; however, this
number may be increased or decreased depending on the number of qualified Proposers. Qualified
Proposers will then be considered for award of Zone based upon the following procedures. It shall
be the City's sole discretion to award a contract to any Proposer, based upon that which is in the
best interest of the City.
It is the intention of the City to qualify Proposers and award for each Zone, under Category A
services, Police and Fire Dispatched Towing of private vehicles based on a 24 hour rotating basis
(24 hours on -call and 24 hours off), two (2) qualified Proposers. For purposes of this RFQ, there are
a total of five (5) Zones within the City. In the event that no qualified Proposer submits a response
to work in a particular Zone, then such Zone }nay- be awarded to another qualified Proposer, or to a
Successful Proposer qualified and selected for another Zone. For the provision of Category B
services, all qualified Proposers will be required to provide towing services on a monthly, rotational
basis for City -owned, leased, or rented vehicles.
Should the City determine, at any time during the term of the Contract but particularly when there
are less than two (2) towing firms on a per zone basis, that it would be in its best interests, it may
allow the addition of other qualified towing firms to be added to the Contract to meet the needs of
the City. It shall be in the City's sole discretion todo so. Should the City determine a need exists,
any towing firm seeking to be added to the Contract and a particular zone must meet all minimum
qualification requirements stipulated within the RFQ, and be subject to a site and equipment
inspection to determine its qualifications for a zone.
The City shall award a Contract to successful Proposer(s) through action taken by the City
Commission at a duly authorized meeting. This action shall be administratively supported by a
Contract that shall be executed by all Successful Proposers and the City.
The Committee will evaluate each Response based on qualifications and submission of required
documentation and information.
For Category A services, each Proposer, as part of this RFQ, will be required to propose the Zone or
Zones for which it is seeking to qualify to provide towing services. A qualified Proposer shall be
selected to provide towing services for only one (1) Zone under the terms of the Contract. It is
expected no more than two (2) Proposers shall be awarded each Zone. The Committee, following
qualification of firms, shall utilize the following criteria to make its recommendation for each Zone.
1. Location of Proposer's payment office and storage facility in the Zone requested. A
Proposer shall be given preference for the Zone in which its facility is physically
located.
21
City of lvhurni
Towing Services RFO 04-05-054R
2. Past performance. including the number of documented complaints received since
the initiation of the previous Contract, as applicable. A Proposer who receives fewer
complaints than another Proposer for that Zone(s) shall be given preference over the
Proposer with a greater number of complaints.
3. Proposer's financial ability, including any history of arrears in payment(s) to the City
under the prior Contract.
4. Years of experiencein the provision of towing services for the public sector, and
within the corporate limits of the City.
5. Should the number of firms who proposed a particular Zone exceed two (2), it shall
be the sole discretion of the Committee to recommend the two (2) Proposers who, it
determines best serves the needs of the community within the particular Zone.
6. Should no Proposer propose a particular Zone(s), the Committee shall make its
recommendation to select a Proposer(s), to ensure all Zones have towing
representation. Should it be deemed necessary, the City reserves the right to re-
allocate the assignment of Zones to the Successful Proposer(s) during the Contract
term(s).
7. Proposer understands and acknowledges .that the...City does not require or guarantee
that each qualified Proposer is assigned a Zone and awarded a Contract.
For Category B services, each recommended Proposer shall be required to provide, on a rotational
basis, towing of City -owned, leased or rented vehicles and be paid in accordance with the rate
specified in the Section 2.3, Maximum Rates Allowed by the City.
The Committee shall submit its recommendation to the City Manager for acceptance. The City
Manager shall make his recommendations to the City Commission, which will make the final
determination of award. The City Manager will also request authorization to negotiate and execute a
contract(s) with each of the recommended Proposer(s). No rights of any kind shall be provided to
any Proposer until a Contract is executed by the City and the Successful Proposer(s).
Upon. authorization of the City Commission, the City Manager or his designee shall negotiate the
Contract with the Successful Proposer(s). The City Attorney's Office will provide assistance to the
City Manager or designee during the negotiation of the Contract and must approve the Contract as
to legal form and correctness.
The City reserves the right to accept or reject any or all responses to this RFQ, waive informalities,
and request new Responses for the services in this described RFQ.
3.2. Assignment
Neither the RFQ nor the ensuing Contract shall be transferred, conveyed, assigned, or disposed of,
in whole or in part, without the prior written consent of the City, which may be withheld or
conditioned, in the City's sole discretion.
3.3. Cancellation
The City Manager may terminate, by written notice, in whole or part, any Contract resulting from
this RFQ when such action is in the best interest of the City. If the Contract is so terminated, the
City shall be liable only for payment for services rendered prior to the effective date of termination.
22
City of Miami Towing Services kFO 04-05-054R
3.4. Permits and Licenses
The Successful Proposer(s) shall obtain and pay for all licenses, permits and inspection fees that
may be required for these services, when applicable. Damages, penalties, and/or fines imposed on
the City for any qualified Proposer's failure to obtain required licenses, permits or fines shall be
borne solely by the Proposer. Additionally, copies of all licenses required to complete these services
should be included with bidder's response to this RFQ.
3.5. Performance
The Successful Proposer(s) will be responsible for performing the services necessary to meet City
standards in a safe, neat. and good workmanlike manner, using only generally accepted methods in
carrying out the work, and complying with all federal and state laws, and all ordinances and codes of
the County and City relating to such services.
3.6. Work Assignments Identified by the City
All service assignments during the contract period will be on an "as needed" basis, complying with
notification requirements. The City offers no guarantee as to the number or fregriency of work
assignments or the amount of payments underthe ter: of this contract.
3.7. Use of Subcontractors
The Proposer shall not, at any time during the tenure of the contract, subcontract any part of his/her
operations or assign any portion or part of the contract, to Subcontractor(s) except under and by
virtue of permission granted by the City through the proper officials.
Nothing contained in this RFQ shall be construed as establishing any contractual relationship
between any subcontractor and the City.
The Successful Proposer(s) shall be fully responsible to the City for all of the acts and omissions of
any subcontractor and their employees for the performance of work under this RFQ, and for any acts
and omissions of persons employed by Qualified Proposer.
3.8. Labor, Supervisors, Equipment and Materials
The Successful Proposer(s) shall furnish, at his/her own expense, all personnel, supervision,
equipment, materials and supplies necessary for the satisfactory c:;mpletion of the services specified
in this RFQ.
3.9. Omission from the Specifications/Scope of Services
The apparent silence of the specifications/scope of services and any addendum regarding any details
or the omission from the specifications of a detailed description concerning any point shall be
regarded as meaning that only the best commercial practices are to prevail, and that only materials
and workmanship of first quality are to be used. All interpretations of the specifications/scope of
services shall be made upon the basis of the agreement.
3.10. Unauthorized Services
Neither the Successful Proposer(s) nor any of his/her employees shall perform any services unless
duly authorized by the Contract Administrator or authorized designee. The Successful Proposer(s)
shall not be paid for any work performed outside the scope of the award, or any work performed by
an employee not otherwise previously authorized.
23
City of Miami
Towing Services RFO 04-05-054R
3.11. Non -Exclusive Contract
Although the purpose of this RFQ is to secure a Contract that can satisfy the total needs of the City
or of, a specific City department(s), it is hereby agreed and understood that this RFQ does not
constitute the exclusive rights of the Successful Proposer(s) to receive all services that may be
generated by the City in conjunction with the services contemplated by this RFQ.
The City also reserves the right to perform any services so deemed in its best interest.
3.12. Limited Contract Extension
Any specific service assignment which commences prior to the termination date of the Contract and
which will extend beyond the termination date shall, unless terminated by mutual written agreement
by both parties, continue until completion at the same rates, terms and conditions as set forth herein.
3.13. On-line Vendor Registration
It is the policy of the City that all prospective Proposers register on-line at
http://www.ci.miami.f7.us/procurement, click on the link, Vendor Registration, fill out all required
-fields, and indicate the commodities/services which prospective Proposer can regularly supply to the
City for bid / RFQ notification purposes sent by the City to registered prospective Proposer via
email or facsimile transmission, or both. Prospective Proposer who have already registered
previously are not required to re -register.
Unless, prospective Proposer has to update its information concerning changes such as ownership,
new address, telephone number, fax, commodities, etc. Prospective Proposer can access its Vendor
Profile by selecting the link; modify profile, and entering its assigned User ID and Password.
All prospective Proposers should register on-line, regardless if Proposer submits a Bid or the
"Statement of No Bid Form". The City will make its best effort to source all registered vendor with
the related commodity or service of future bid/RFQ solicitations and send bid/RFQ notification via
the email or facsimile, or both. Bid/RFQ Notification sent via e-mail to prospective Proposer will
contain a link of the solicitation to download the document, and the entire document will be sent via
facsimile to those prospective Proposers who choose to be contacted via fax. A Purchase Order
will not be issued by the City unless the Successful Proposer has registered on-line. For any
questions, contact the Vendor Registration Section at (305) 41 6-1913.
3.14 Safety Measures
Successful Proposer(s) shall take all necessary precautions for the safety of employees. The
Successful Proposer(s) shall use only equipment that is fully operational and in safe operating order.
Successful Proposer(s) shall be especially careful when servicing property when pedestrians and/or
vehicles are in close proximity - service shall cease until it is safe to proceed.
The Successful Proposer(s) and its subcontractors, if applicable, will be responsible for performing
the services necessary to meet City standards in a safe, neat and good workmanlike manner, using
only generally accepted methods in carrying out the work, and complying with all federal and state
laws and all ordinances and coded of the County and City relating to such work. This includes, but
24
City of Miami
Towing Services RFO 04-O5-054R
is not limited to, Federal National Vehicle Safety Standard (NVSS), Occupational Safety and Health
Act (OSHA), and the Environmental Protection Agency (EPA) standards.
3.15 Damage
The Successful Proposer(s) shall can-y out the services with such care and methods as not to result
in damage to public or private vehicles, or any private or public property adjacent to the services.
Should any publi- or private property be damaged, the Successful Proposer(s), a his/her own
expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of
damaged property promptly. The Successful Proposer(s) is responsible for immediate repair of any
damage caused by his/her services and shall be fully responsible for any repairs at no cost to, the
City.
3.16 Draft Towing Agreement
Attached hereto as Attachment "A" is a draft Towing Agreement. The draft Towing Agreement is
a sample to be used only as a reference document, and its content and format is subject to
modification prior to execution. The RFQ; draft Agreement (Attachment A); Application for
Wrecker Contract •(Attachment B); Towing Zont.e (Attachment C), Equipment Requirements
(Attachment D); Tow Log (Attachment E); Miami Police Administrative Prior Month Release
Report (Attachment F); and Miami Police Towing Administrative Fee Remittance Report
(Attachment G) will serve as the basis for the resulting Contract(s). The City reserves the right to
modify the terms and conditions set forth in the draft Agreement as it deems necessary, prior to its
execution.
25
City oaf Aliami
Pawing Services RFO 04-05-05.4R
4.0. GENERAL TERMS AND CONDITIONS
4.1. Acceptance/Rejection
The City or the City Manager or designee reserves the right to accept or reject any or all Proposals
or to select Proposer(s) that, in the opinion of the City, will be in the best interest of and/or the most
advantageous to the City. The City also reserves the right to reject the Proposal of any Proposer(s)
who has previously failed to properly perform under the terms and conditions of a contract, to
deliver on time contracts of a similar nature, and who is not in a position to perform the
requirements defined in this RFQ. The City reserves the right to waive any irregularities and
technicalities and may, at its discretion, withdraw and/or re -advertise the RFQ.
4.2. City Not Liable for Delays
It is further expressly agreed that in no event shall the City be liable for, or responsible to, the
Successful Proposer(s), any Subcontractor, or to any other person for, or on account of, any
stoppages or delay in the work herein provided for by injunction or other legal or equitable
proceedings or on account of any delay for any cause over which the City has no control.
4.3. Cost Incurred By Successful Proposer(s)
All expenses involved with the preparation and submission of Proposals to the City, or any services
performed in connection therewith shall be borne by the Successful Proposer(s).
4.4. Legal Requirements
This RFQ is subject to all applicable federal, state, county and local laws, ordinances, rules and
regulations that in any manner affect any and all of the services covered herein. Lack of knowledge
by the Qualified Proposer(s) shall in no way be cause for relief from responsibility.
4.5. Non -Appropriation of Funds
In the event no funds or insufficient funds are appropriated and budgeted or funding is otherwise
unavailable in any fiscal period for payments due under the Contract, then the City or the City
Manager or designee, upon written notice to the Consultant or his/her assignee of such occurrence,
shall have the unqualified right to terminate the Contract without any penalty or expense to the City.
4.6. Occupational License Requirement
Any Proposer with a business location in the City, who submits a Proposal under this RFQ, shall
meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of
the City of Miami Charter. Proposers with a business location outside the City of Miami shall meet
their local Occupational License Tax requirements. A copy of the license must be submitted with
the Proposal; however, the City may at its sole option and in its best interest allow the Proposer to
supply the license to the City during the evaluation period, but prior to award.
4.7. Payment
Payments to the Qualified Proposer(s) shall be made in arrears, and based on work performed to the
satisfaction of the City. No advance payments will be made at any time.
Payment shall be made after delivery, within 45 days of receipt of an invoice for
services/goods and pursuant to Florida Statute 218.74 and other applicable laws.
26
City of ;lliahi
Towing Services RFO 04-05-054R
4.8. One Proposal
Only one (1) Proposal from an individual, firm, partnership, corporation or joint venture on a per
Part basis, will be considered in response to this RFQ,
4.9. Public Entity Crimes
A person or affiliate who has been placed on the convicted Proposer list following a conviction for a
public eiitiiy crime niay not submit a proposal on a contract to provide any goods or services to a
public entity, may not submit a Response on a contract with a public entity for the construction or
repair of a public building or public work's project, may not submit a response on a lease of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017 of Florida
Statutes for Category Two for a period of 36 months from the date of being placed on the convicted
Bidder / Proposer list.
4.10. Resolution of Protests
Any actual `oi`prospective contactual patty who feels aggrieved in connection with the solicitation
or award of a contract may protest in writing to the Director of Purchasing/Chief Procurement
Officer who shall have the authority, subject to the approval of the City Manager/Chief
Administrator and the City Attorney, to settle and resolve a protest with final approval by the City
Commission. Proposers are alerted to Section 18-103 of the City's Ordinance No. 12271 describing
the protest procedures. Protests failing to meet the requirements for filing shall not be accepted.
Failure of a party to timely file shall constitute a forfeiture of such party's right to file a protest. NO
EXCEPTIONS.
4.11. Review of Proposals for Responsiveness
Each Proposal will be reviewed to determine if it is responsive to the submission requirements
outlined in the RFQ. A "responsive" Proposal is one which follows the requirements of the RFQ,
includes all documentation, is submitted in the format outlined in the RFQ, is of timely submission,
and has appropriate signatures as required on each document. Failure to comply with these
requirements may deem a Proposal non -responsive. A responsible Proposer is one that has the
capability in all respects to fully perform the requirements set forth in the Proposal, and that has the
integrity and reliability, which will assume good faith performance.
4.12. Sales Tax
The City is State Sales Tax exempt. Notwithstanding, Proposers should be aware of the fact that all
materials and supplies which are purchased by the Proposer for the completion of the contract is
subject to the Florida State Sales Tax in accordance with Section 212.08 Florida Statutes amended
1970 and all amendments thereto and shall be paid solely by the Proposer.
4.13. Employees are Responsibility of Qualified Proposer(s)
All employees of the Qualified Proposer(s) shall be considered to be, at all times, the sole
employees of the Qualified Proposer(s) under its sole direction and not an employee or agent of the
City.
27
Cite of Miami
Towing Services I?FQ O4-0.5-O5 R
All applicable taxes, fringe benefits, and training for all personnel for the performance under the
contract shall be the sole responsibility of the Qualified Proposer(s).
4.14. Use of Name
The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No
advertising, sales promotion or other publicity materials containing information obtained from the
Proposal are to be mentioned, or imply the name of the City, without prior express written
permission of the City.
4.15. Collusion
The Proposer, by submitting a Proposal, certifies that its Proposal is made without previous
understanding, agreement or connection either with any person, firm, or corporation submitting a
Proposal for the same services, or with the City's Purchasing Department or initiating Department.
The Proposer certifies that its Proposal is fair, without control, collusion, fraud, or other illegal
action. The Proposer further certifies that it is in compliance with the conflict of interest and code of
ethics laws. The City will investigate all situations where collusion may have occurred and the City
reserves the right to reject any and all Proposals where collusion xnay have occurred-
4.16. Contract Administrator
The Contract Administrator for the Contract shall be:
Name Sgt. Luis Cabrera
Department Police Property Unit
Address 400 NW 2°d Ave., lst Floor
Miami, FL 33128
4.17. Indemnification
The Qualified Proposer(s) shall agree to indemnify, defend and hold harmless the City and its
officials, employees and agents (collectively referred to as "Indemnities") and each of them from
and against all losses, costs, penalties, fines, damages, claims, expenses (including attorney's fees),
liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person
or damage to or destruction or loss of any property arising out of, resulting from, or in connection
with (i) the performance or non-performance of the services contemplated by the Contract which is
or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or
negligence (whether active or passive) of the Indemnities, or any of them or (ii) the failure of the
Qualified Proposer(s) to comply with any of the requirements specified within the Contract, or the
failure of the Qualified Proposer(s) to conform to statutes, ordinances, or other regulations or
requirements of any governmental authority, federal, state, or local, in connection with the
performance under the Contract. Qualified Proposer(s) expressly agrees to indemnify and hold
harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by
an employee or former employee of Qualified Proposer(s), or any of its subcontractors, if applicable
and as provided above, for which the Qualified Proposer(s)'s liability to such employee or former
employee would otherwise be limited to payments under state Workers' Compensation or similar
laws.
28
Cite, of Miami
Towing Services RFQ 04-05-054R
4.18. Insurance
Within ten (10) days after notification of award, the Qualified Proposer(s) shall furnish Evidence of
Insurance to the Purchasing Department. Please refer to Section 6.3 Indemnification and Insurance.
Execution of a Contract is contingent upon the receipt of proper insurance documents. If the
insurance certificate is received within the specified time frame but not in the manner prescribed in
this RFQ, the Qualified Proposer(s) shall be verbally notified of such deficiency and shall have an
additional five (5) calendar days to submit a corrected certificate to the City. If the Qualified
Proposer(s) fails to submit the required insurance documents in the manner prescribed in this RFQ,
within fifteen (15) calendar days after the Qualified Proposer(s) has been made aware of
Commission award, the Qualified Proposer(s) may be in default of the contractual terms and
conditions. Under such circumstances, the Qualified Proposer(s) may be prohibited from submitting
future proposals to the City. Information regarding any insurance requirements shall be directed to
the Risk Management Administrator, Risk Management Department, at (305) 416-1700.
Additionally, Qualified Proposer(s) may be liable to the City for the cost of re -procuring the
services, caused by Qualified Proposer(s)'s failure to submit the require documents.
4.19. Hotel Harmless
The Qualified Proposer(s) shall hold harmless and indemnify the City for any errors in the provision
of services and for any fines, which may result from the fault of the Qualified Proposer(s).
4.20. Audit Rights and Records Retention'
The Qualified Proposer(s) agrees to provide access to the City, and to any of its duly authorized
representatives, to any books, documents, papers, and records of the Qualified Proposer(s) which are
directly pertinent to this Contract, for the purpose of audit, examination, excerpts, and
transcriptions. The Qualified Proposer(s) shall maintain and retain any and all books, documents,
papers and records pertinent to the Contract for three (3) years after the City makes final payment
under the Contract and all other pending matters are closed. On an ongoing basis, the most recent
Financial Statements and audit reports, whether internal or outside audits, must be provided to the
City. Qualified Proposer(s)'s failure to adhere to, or refusal to comply with, this condition shall
result in the immediate cancellation of the Contract by the City.
4.21. Proposer(s Warranty
Proposer warrants that no one was paid a fee, commission, gift, or other consideration contingent
upon receipt of an award for the services specified herein.
4.22. First Source Hiring
Proposers must agree to comply with City Ordinance 10032 to provide City of Miami residents
priority in employment opportunities which may arise should qualified Proposer(s) be awarded work
pursuant to this RFQ. Proposers must complete and return "Statement of Intent to Comply with
Ordinance No. 10032" form with response. To obtain additional information on this program,
contact can be made with the Department of Community Development at (305) 693-3120.
4.23. Applicable Laws
The Proposer acknowledges, represents, and warrants that in the performance of all the terms and
conditions of the Contract, Proposer shall comply with all applicable federal, state, and local laws,
ordinances, rules, regulations, and executive orders, now existing or hereinafter in effect and each
29
City of Avliami
Towing Services RFO O4-05-05dR
and every provision required by law as a condition of any federal, state, or local grant received by
the City with respect to the Contract. Lack of knowledge by the Proposer shall in no way be cause
for relief from responsibility.
4.24.' Capital Expenditures
Proposer understands that any capital expenditures that the Proposer makes, in order to perform the
required service specified in this RFQ, is a business risk which Proposer shall assume-,. The City
shall not be obligated to reimburse amortized or unarnortized capital expenditures, any other
expenses, or to maintain the approved status of the Proposer. If Proposer has been unable to recoup
its capital expenditures during the time it is rendering such services, it shall not have any claim upon
the City.
30
City of Miami
Towing Services RFO 04-05-054R
5.0. INSTRUCTIONS FOR SUBMITTING A RESPONSE
The following information and documents are required to be provided with Proposer's Response to
this RFQ. Failure to do so may deem your Proposal non -responsive,
5.1 PREPARATION OF RESPONSES - Proposers are expected to thoroughly examine the
RFQ to fully understand the scope of services the City is seeking to secure. Failure to do so
will not relieve Proposers from re3pons;bilities fi?i estimating properly the difficulty or cost
of successfully performing the work.
5.1.1 Each Proposer shall furnish the information required in the RFQ. The Proposer shall
sign the Response to the RFQ and print in ink or type your name, address, and
telephone number on the forms to be returned with Proposal, as applicable.
5.1.2 Proposer shall include in the response all taxes, insurance, social security, workmen's
compensation, and any other benefits normally paid by the Proposer to its employees.
5.1.3 Proposer should retain a copy of all Response documents for future reference.
5.1.4 All RFQ forms as described under Section 6.0, RFQ Response and Document Check
List, must be fully completed and typed or printed in ink, and must be signed in ink
with the firm's name and by an officer or employee having authority to bind
company or firm by his/her signature. Responses having any erasures or corrections
must be initialed in ink by the person signing the Response, or the Response may be
rejected.
5.1.5 Multiple Responses will be considered non -responsive.
5.2. Response Format
One (1) original and seven (7) copies of your complete Response to this RFQ must be delivered to:
Ms. Priscilla A. Thompson, City Clerk
City of Miami
Office of the City Clerk
First Floor
3500 Pan American Drive
Miami, Florida 33133
Responses must be clearly marked on the outside of the package referencing RFQ NO. 04-05-054R,
TOWING SERVICES. Responses received after that date and time will not be accepted and shall be
returned unopened to Proposer.
Proposals received at any other location than the aforementioned or after the Proposal submission date
and time shall be deemed non -responsive.
Proposals should be signed by an official authorized to bind the Proposer to the provisions given in the
Proposal. Proposals are to remain valid for at least 180 days. Upon award of a Contract, the contents of the
Proposal of the Qualified Proposer may be included as part of the Contract, at the City's discretion.
Proposers must provide a response to each issue. Proposals should be prepared in a concise manner with an
emphasis on completeness and clarity.
31
City of j\liani
Towing Services
RFO 04-05-054R
ARTICLE Ili. PURCHASING AND CONTRACTS GENERALLY'`
Sec. 18-105. First -source hiring agreements.
Sec. 18-105. First -source hiring agreements.
(a) The commission approves implementation of the first -source hiring agreement policy and requires
as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of
grants and loans, for projects of a nature that create new jobs, the successful negotiation of first -source
hiring agreements between the organization or individual receiving said contract and the authorized
representative unless such an agreement is found infeasible by the city manager and such finding
approved by the city commission at a public hearing.
(b) For the purpose of this section, the following terms, phrases, words and their derivations shall
have the following meanings:
Authorized representative means the Private Industry Council of South Florida/South Florida Employment
and Training Consortium, or its successor as local recipient of federal and state training and employment
funds.
Facilities means all publicly financed projects, including but without limitation, unified development projects,
municipal public works, and municipal improvements to the extent they are financed through public money
services or the use of publicly owned property.
Grants and loans means, without limitation, urban development action grants (UDAG), economic
development agency construction loans, loans from Miami Capital Development, Incorporated, and all
federal and state grants administered by the city.
Service contracts means contracts for the procurement of services by the city which include professional
services.
32
City of Miami
Towing Services RFQ 04-05-054R
Services includes, without limitation, public works improvements, facilities, professional services,
commodities, supplies, materials and equipment.
(c) The authorized representative shall negotiate each first -source hiring agreement.
(d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city
training and employment programs, and other residents of the city.
(Ord. No. 10032, §§ 1--4, 9-12-85; Code 1980, §, 18-11)
33
City of Miami
7owoig Services RFO O4-05-O5-IR
LIST OF ATTACHMENTS
Attachment Description
A Draft Towing Agreement
B Application for Wrecker Contract
C Towing Zones for Category A Towing Services
D Tow Truck!Wrecker Definitions & Equipment Requirements
E Copy of Police Tow Log
F IVliarni Police Administrative Prior Month Release Report
Miami Police Towing Administrative Fee Remittance Report
H
Audit of Administrative Towing Fees, Audit No. 05-002, dated
February 25, 2005
34
City of Mrnini Towing Services REQ. 01-O5-054R
ATTACHMENT A
CITY OF MIAMI TOWING/WRECKER AGREEMENT
THIS AGREEMENT, made and entered into this day of
2005 by and between the City of Miami, a municipal corpoi ation of the State of Florida; hereinaftA'
referred to as "CITY" and (a State of Florida corporation),
(a partnership), (a sole proprietorship), or (other), hereinafter referred to as "TOWING AGENCY".
SECTION I - TERM OF AGREEMENT:
The term of this Agreement shall be three (3) years commencing thirty (30) days after its execution
by the City Manager. The City shall have the option to extend the term for two (2) one-year
renewal periods, at the City's sole discretion.
WHEREAS, on , the City Commission, via Resolution No.
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; and
Whereas, the Towing Agency was awarded a contract by the City Commission, to provide
the Services for Zone , which is described in Attachment C hereto; and
Whereas, the parties hereto wish to set forth the terms and conditions pursuant to which
Towing Agency shall perform the services.
Now, therefore, in consideration of the foregoing and the mutual covenants contained herein, City
and Towing Agency agree as follows:
Section 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 for Zone
Requests for services shall be made by telephone or by any one of the following City departments:
(a) The "Complaint Center" of the Miami Police Department
(b) Fire, Rescue and Inspection Services ("FRI")
(c) Department of General Services Administration & Fleet Management Division ("FLEET")
All requests generated by the FRI and FLEET departments must be authorized by the chief and
director of the departments, or their authorized designees. Towing Agency, however, shalt 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
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
35
City of Miami jawing $'en ices
RFO 04-05-05,11?
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 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)
(6)
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 FIRE & FLEET)
(2) Towing Agency shall have sufficient personnel to staff the facility Monday through
Saturday, from 8 a,m. to 6 p.m., 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.
(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.
(5) Repeated and unjustified failure of a Towing Agency to respond within thirty (30) minutes
from receipt of request may be deemed to be a demonstrated unwillingness or inability to
provide the Service as herein required, and may be subject to the provisions contained in
Sections XX! and XXIV of this Agreement.
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 al! applicable state, county and city regulations and
ordinances at all times.
Tow truck operators shall impound any vehicle or item at the request of the Miami Police
Department. The tow truck operator shall abide by the decision of the police officer at the
scene.
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.
36
City of Miami
Towing Services RFD 04-05-054R
(11) Towing Agency shall not remove vehicles involved in accidents prior to the arrival of a
police unit, and only with the permission of the assigned police unit.
(12) Tow truck operators shall be responsible for removing glass andlor 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 tr'.ick operators shall be directed in thin ;as;: by the
police unit assigned the call.
(13) Towing Agency shall use equipment of a type, which shall not damage City vehicles towed,
and whenever possible shall be towed on a flat bed.
(14) Towing Agency shall assume all responsibility for damage done to a vehicle towed, or to be
towed, during the performance of the services and while vehicles are stored at the
agency's place of business in accordance with Florida Statute 713.78.
(15) Towing Agency shall not make any repairs to any towed vehicle without the express
consent of the owner of the vehicle.
(16) Towing Agency's file shall contain a list of all vehicles on the premises, copies of all
itemized bills, copies of notices sent to vehicle owners and proof of mailing as required by
law and this agreement, records of payment by customers, records of payment to City, and
Driver License Motor Vehicle reports on all tow truck operators. This file must be kept
current and available for inspection by City at all times.
(17) Towing Agency shall remain equipped and shall comply with all requirements set forth in
the RFQ throughout the entire term of this Agreement.
(18) Towing Agency office and storage area must remain at the location stated by the agency
when this contract was awarded, unless specific written approval for a relocation of the
office and/or the storage area is received from Department of Police, Traffic Division,
Wrecker Detail.
(19) Towing Agency shall be responsible to notify the City of Miami, Department of Police,
Complaint Center when it is not available to service a request within its Zone.
(20) Towing Agency shall invoice the City immediately after a tow has been performed and shall
include copies of the individual tow slips, date, time, location to and from, vehicle number,
tow truck driver's name and signature, receiving City employee's signature and any other
information.
(21) Towing Agency shall provide adequate insurance coverage as indicated below, in Section
XL.
(22) The Police Wrecker Detail shall be advised of any vehicles with hold orders that are stored
at the towing companies impound lot within 72 hrs. of the tow. Failure to make such
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.
37
City of Miami
Towing Services RFQ 04-05-054R
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 II 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 i[ necessary to drop the vehicle prior to commencing
a tow, then the Towing Agency shall have the right to charge for this service an amount not
exceeding one-half the regular towing rate, according to the class of tow. in the event the owner
could drive his/her automobile, and the only service needed from the Towing Agency is to pull the
bumper or fender not exceeding one-half the regular towing rate, according to the class of tow
may be made. No City administrative charge may be made for these services.
SECTION VI - ZONE BOUNDARIES:
Towing Agency shall be responsible to notify all personnel at their company of the specific zone
boundaries, which has been assigned to their Zone. Any unauthorized towing outside of their Zone
that is verified shall result in an immediate loss of five (5) future calls for service for every
unauthorized call that is run and shall be given to the company who lost the tow. Additionally, if the
"fowing`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. if a tow truck driver is stopped by an
officer or a citizen he shall riot 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 Vi1- TOW TRUCK DRIVER SOLICITATION:
Drivers are prohibited from stopping at accident scenes and soliciting the public. If it is verified that
a driver has solicited a call outside of their assigned Zone. the company will be penalized in
accordance with Section Vi. If the Towing Agency elects to continue to employ the driver, any
subsequent violations by the same driver shall result in a double penalty in accordance with
Section VI.
SECTION VII - EMPLOYEES OF TOWING AGENCY:
All persons employed by the Towing Agency (including principals, agents, and employees) are
required to be fingerprinted and photographed, and shall receive identification cards issued by the
City of Miami, which must be renewed annually. Each Towing Agency shall supply to City a list of
its personnel prior to being eligible for request for service. The Towing Agency shall immediately
give notice to the City of any change in its personnel. Such notification shall be given to the City of
Miami Police Department within 72 hours of such change.
SECTION VIii - STORAGE AREAS:
Qualifying storage facilities and offices shall be contiguous to another and shall not be more than
seven hundred and fifty (750) feet apart. Towing Agency may use additional properties for
overflow storage, which may not be more than one (1) mile away from qualifying property.
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.
38
City of Miami
Towing Services
RFQ 04-05-054Ji
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
conformance with zoning regulations, to enable its easy location, The company narne shall be
displayed in letters no less than 12 inches in' height.
During normal business hours, the owner of a stored vehicle or designated representative shall be
allowed to view vehicle after providing proper documentation of ownership or representation.
Vehicle owners must be allowed to inspect their vehicles and remove their personal possessions
not attached to vehicle and without the requirement of a waiver for payment as a condition of
releasing vehicles. Any other requests shall be left to the discretion of Towing Agency. Towing
Agency shall not charge any storage and/or administrative fee for an owner or designee to recover
items from stored vehicle.
Impounded vehicles shall only be released if a citizen provides "Proper Documents" necessary for
the release of a vehicle. "Proper Documents" are defined as proper photo identification of the
individual (driver's license preferred) and registration or title for the vehicle. if the individual is not
the owner, a notarized letter from the- owner authorizing vehicle release must be submitted making
that individual the designee.
Towing Agency must provide security for impounded vehicles and assume responsibility for any
articles of value left in the vehicle and listed on the Vehicle Storage Receipt or Towing Report.
Towing Agency agrees to replace any such articles) or stolen parts from the vehicle or
compensate the vehicle owner upon verification of the loss by the designated investigative officer
of the Miami Police Department.
Upon arrival of a vehicle at the storage facility, the storage facility personnel shall verify the
inventory of contents of the vehicle as listed on the Vehicle Storage Receipt and/or Towing Report.
Discrepancies shall be reported immediately to the Miami Police Complaint Center, and the Police
Wrecker Detail.
In no event shall Towing Agency be authorized to release vehicles from its storage lot with
outstanding charges due, without prior permission of the Wrecker Detail or a Miami Police shift
commander.
SECTION iX - CiTY-VEHICLE TOWING SERVICE:
if requested, Towing Agency shall provide towing services for all City -owned 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.
39
Ciro of r iiarni
Towing Services RFO 0 {-05-05 IR
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.E.
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
City.' Towing Agency must also possess all the licenses, permits, etc., required by Miami -Dade
County code to operate said Towing Agency.
All licenses, permits, etc. must be kept valid throughout the terms of this Agreement,
SECTION XIV - COMPLAINTS AGAINST TOWING AGENCIES:
In the event a complaint by a member of the public is filed against any Towing Agency, the
department receiving the complaint shall notify the Wrecker Detail, who shall then notify the
Towing Agency. If the complaint is in written form, a copy shall be furnished to the 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.
40