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HomeMy WebLinkAboutExhibit 1CITY OF MIAMI TOWING/WRECKER AGREEMENT THIS AGREEMENT, made and entered into this day of , 2012 by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY" and (a State of Florida corporation), (a partnership), (a sole proprietorship), or (other), hereinafter referred to as "TOWING AGENCY". 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 Proposals, RFP No. 287252, (the "RFP"), for the provision of towing services (the "Services") as more specifically described in the RFP 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 one of the five Zones described herein and awarded subject to the annual Zone Selection process; 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 1 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 Manager shall have the option to extend the term for two (2) additional one-year renewal periods, at the City Manager's sole discretion. SECTION 2 - 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 conditionsof the RFP for the Zone awarded to the Towing Agency pursuant to the annual Zone Selection process 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") 1 All requests generated by the FRI and FLEET departments must be authorized by the chief and director of their respective departments; or their authorized designees. Towing Agency, however, shall have the right to assume upon receipt of the requests, that the same has been authorized as herein provided. The Towing Agencies will be allowed to close on the following holidays only: January 1 — New Years Day July 4 — Independence Day Thanksgiving Day December 25 -Christmas Day SECTION 3 - 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 (3) members and an alternate, to be appointed as follows: a Supervisor from the Miami Police Department Traffic Crash Unit; a staff person appointed by the General Services Administration (GSA); one representative and an alternate selected by and among Towing Agencies having a contract with the City. Operational procedures of the Board shall be developed by the City with a minimum of two (2) meetings per year. Towing Company Owners along with Towing Detail Staff should also have a minimum of (3) meeting per year to discuss all towing issues. SECTION 4 - PERFORMANCE STANDARDS: Towing Agency must adhere to the following specific performance procedures and standards: (1) 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 the Zone awarded to the Towing Agency pursuant to the annual Zone Selection process and to other Zones as requested in accordance with 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. 2 (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 24 and 27 of this Agreement. (6) All personnel operating tow trucks shall be qualified and experienced in handling equipment safely on the scene, and in going to and from the scene. Each employee shall have in his possession a City of Miami Identification Card, a copy of which shall be on record with the City of Miami Police Department. All tow truck operators shall have a current valid Florida Commercial Drivers License, according to the type of vehicle they are operating. (7) Tow truck operators shall comply with all applicable state, county and city regulations and ordinances at all times. (8) 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. (9) Tow trucks shall not use rotating or flashing lights vvhen proceeding to a call unless authorized by the police dispatcher. (10) Rotating or flashing lights shall be used at the scene, and when towing vehicles from the scene only if towed vehicle represents a hazardous condition. Sirens on wreckers are prohibited. (11) Towing Agency shall not remove vehicles involved in accidents prior to the arrival of a police unit, and only with the permission of the assigned police unit. (12) Tow truck operators shall be responsible for removing glass and/or other debris from the street as a result of a traffic accident to which said operator is responding. This debris shall be placed in a suitable container and removed by tow truck operator and shall not, in any case, be left at curbside. Tow truck operators shall be directed in this task by the police unit assigned the call. (13) Towing Agency shall use equipment of a type which shall not damage City vehicles towed and, whenever possible, City vehicles 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 (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 shall notify the registered owner or agent of the location of their vehicle within seventy-two (72) hours of impoundment by certified mail. 3 (17) 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. (18) Towing Agency shall remain equipped and shall comply with all requirements set forth in the RFP throughout the entire term of this Agreement. (19) 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 Miami Police Department, Traffic Crash Unit. (20) Towing Agency shall notify the Miami Police Department Complaint Center when it is not available to service a request within its Zone. (21) 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 required information. (22) Towing Agency shall provide adequate insurance coverage as indicated below. (23) The Miami Police Department 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. (24) Once the Towing Agency has been notified that they are not in compliance with the towing contract, they shall have ten (10) days to bring their company into compliance. SECTION 5 - 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. Cancellation may also be authorized at the scene by a police officer. In the event a hookup has taken place and it is necessary to drop the vehicle prior to commencing a tow, then the Towing Agency shall have the right to charge for this service an amount not exceeding one-half the regular towing rate, according to the class of tow. In the event the owner could drive his/her automobile and the only service needed is to pull the bumper or fender, 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 may be made. No City administrative charge may be made for these services, SECTION 6 — ANNUAL REVENUE PROPOSAL: The Towing Agency shall submit a Revenue Proposal amount to the City of Miami on an annual basis. The minimum acceptable and responsive amount is $25,000. The Towing Agency must submit a Revenue Proposal to be considered responsive. This amount will be paid to the City of Miami annually on the anniversary date of the contract and is in addition to the towing fees identified in Section 27. The City will allow the Towing Agency to arrange payments of 50% initially, with the balance paid over five additional equal monthly payments due the first of each month. If payment is not received by the first of the month, the Towing Agency will be suspended from the contract until paid. SECTION 7 — ANNUAL ZONE SELECTION PROCESS: The City will award a Zone to the Towing Agency on an annual basis for Category A, B C and D services for Police and Fire Dispatched Towing of private vehicles based on a 24 hour rotating basis (24 hours on call and 24 hours off). All of the towing agencies that are Qualified Proposers pursuant to the RFP will be required to provide towing services on a monthly, rotational basis for City -owned, leased, or rented vehicles requiring service outside the city limits. The City will make zone assignments annually in the following manner. Each Towing Agency will submit a Revenue Proposal as described above. The Revenue Proposals will be ranked from the highest to lowest amounts proposed. The Towing Agency will select its zone preference from the ten (10) zone awards based on the ranking of its Revenue Proposal. If there is a tie among towing agencies' submitted Revenue Proposal amounts, a lottery drawing will be conducted between the tied towing agencies to determine the order of zone preference selection. If there are more than ten Qualified Proposers, the first ten (10) selected, based upon the above, will receive the zone assignments. If there are fewer than ten (10) Qualified Proposers, all Qualified Proposers will receive one of the ten (10) zone assignments and any remaining zone assignments will be made by repeating the Qualified Proposers List, from highest to lowest Revenue Proposal amounts; until all ten (10) zone assignments are made. Final award of zone will be confirmed subject to the City of Miami receiving the Annual Revenue Proposal amount within five (5) business days of notification of award. Failure to submit the Revenue Proposal amount will result in suspension of this Agreement until paid. If the amount is not received after ten (10) days the Towing Agency will be deemed in default and removed from the final award of zone and all remaining Qualified Proposers may move up one award level. This Zone Selection Process, as described above, will be repeated each anniversary year of this Agreement. Approximately sixty (60) days prior to the anniversary date of this Agreement, the City will issue an informal bid for the zone selections for the next year. The Towing Agency must submit their bid as their Annual Revenue Proposal. Each year, based on the highest to lowest amounts proposed, the zone selections will be offered. Prior to the commencement of the subsequent years Zone Selection process, Towing Agency must make full payment or fifty percent (50%) payment with the balance paid over the next five months in equal installments. SECTION 8 - 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 pursuant to the annual 5 Zone Selection process. Any verified unauthorized.towing outside of their Zone shall result in a seven (7) rotational days suspension for every unauthorized call that is run and shall be given to the company who lost the tow. Additionally, if the Towing Agency is off rotation for that day and receives any towing requests, they shall advise the City to notify the on -call Towing Agency. If a tow truck driver is stopped by an officer or a citizen he shall not tow the vehicle unless verification is made by the Miami Police Complaint Center that the location is assigned to the tow company's Zone and more specifically, the case number is assigned to the Towing Agency reporting area. SECTION 9 - 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 8. 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 8. SECTION 10 - 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 11 - 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 seven hundred and fifty (750) feet away from qualifying property. Qualifying property must have at least one hundred (100) outside and two (2) inside storage spaces. Outside storage is based on Miami -Dade County Code (Sec 33-122.1) Compact size parking stalls: (7.5'X15')= 112.5Sq. Outside storage should be a total of 11,250 Square feet. The property on which the office or storage facility is located shall be unencumbered by any tax lien which may place the property in jeopardy (i.e., sale by government to satisfy tax lien). Proposer shall provide a copy of satisfaction of property tax payment by the Tax Collectors Office stating that the taxes have been paid. Proposer shall comply with this requirement each year. The office and storage facility shall be separate from any other business or enterprise. 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. 6 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. Towing Agency storage areas must display identifying signs clearly visible from the street, in conformance with zoning regulations, to enable its easy location. The company name shall be displayed in letters no less than 12 inches in height. 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. Owners or designee are not permitted to enter vehicles that are on Police hold. 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 article(s) or stolen parts from the vehicle or compensate the vehicle owner upon verification of the loss by the designated investigative officer of the Miami Police Department. Upon arrival of a vehicle at the storage facility, the storage facility personnel shall verify the inventory of contents of the vehicle as listed on the Vehicle Storage Receipt and/or Towing Report. Discrepancies shall be reported immediately to the Miami Police Complaint Center, and the Police Wrecker Detail. SECTION 12 - 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 13 - 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 may be charged to the Police Department. 7 SECTION 14 — 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, parades, D.U.I. roadblocks, various drug and prostitution stings, etc. These special events or special operations will usually require several wreckers to stand-by at a command post for the towing of vehicles. When asked to provide Special events towing, Towing Agency shall be entitled to payment for the number of hours of standby time, which exceeds the number of vehicles towed. Standby hours shall be paid at the applicable towing rate and must be authorized by the Police Officer in charge at the scene. NOTE: TOWING AGENCY SHALL NOT CHARGE (NOR SHALL BE COMPENSATED) FOR BOTH STANDBY AND REGULAR WORKING TOWING RATES, IF DIRECTED TO REMOVE A VEHICLE DURING A SPECIAL EVENT. ONLY ONE OR THE OTHER SHALL APPLY AND BE AUTHORIZED, UNTIL THE COMPLETION OF THE EVENT. SECTION 15 - INSPECTION OF FACILITIES AND/OR EQUIPMENT: The City of Miami Police Department shall have the right to inspect facilities, billing records and/or equipment at any time during the term of this agreement as deemed appropriate by City. Towing Agency's facilities and trucks will be inspected a minimum of once a year by the Miami Police Department. Towing Agencies shall have all equipment required in the RFP at all times during the term of this agreement. SECTION 16 - LICENSES, PERMITS, ETC: Towing Agency shall comply with all applicable laws, including without limitation, 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 such licenses, permits, etc. must be kept valid throughout the terms of this Agreement. SECTION 17 - 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 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. 8 SECTION 18 - COMPLAINTS FROM TOWING AGENCIES: Any complaints from Towing Agencies concerning city employees shall be forwarded to 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 Miami Police Department. SECTION 19 - MAXIMUM RATES: 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 and prior to any rate adjustment. As part of the review process, City representatives shall recommend to the City Manager for his approval any proposed rate adjustments. Should a rate adjustment(s) be approved, the Contract(s) will be modified. Towing rates set forth in the RFP and subsequent Contract shall be posted in a conspicuous place in the facility and in easily readable form at all times. CATEGORY A : Towing of Privately owned vehicles 19.1. Towing Rates by Wrecker Class Base rates shall include hookup, unlocking door if necessary, dropping of linkage, use of dolly and towing. Mileage rate shall be allowed for each mile or fraction of a mile to all destinations, with the exception of a City operated storage facility as noted below. Refer to Attachment "A" for description of wrecker class. Class "A" (a) Base Rate $ 92.00 (i) City Administrative Charge $ 26.00 (b) Mileage Rate -after first 5 miles $ 3.50 Class "B" (a) Base Rate $ 168.00 (i) City Administrative Charge $ 26.00 (b) Mileage Rate -after first 5 miles $ 4.00 Class "C" (a) Base Rate $ 226.00 (i) City Administrative Charge $ 26.00 (b) Mileage Rate - after first 5 miles $ 5.0D Class "D" (a) Base Rate $ 262.00 (i) City Administrative Charge $ 26.00 (b) Mileage Rate - after first 5 miles $ 5.00 9 Note: Mileage fees shall not be charged for towing a private vehicle to a city - operated storage facility. Mileage for towing vehicles from outside City limits to City -operated storage facility shall be based on the one-way distance between the pick up point, and the closest point of entry into Miami city limits. Additionally, Towing Agency shall not charge a fee, e.g. "gate fee," for allowing the owner/agent to remove the released vehicle from their property or the Towing Agency moving the vehicle to a location where the owner/agent can take possession of the vehicle. 19.2. Auxiliary Charges Any auxiliary services (e.g., low -boy tractor trailer or use of air bag recover system) are to be performed only if required and appropriate. (1) Low -boy Tractor Trailer $ 180.00 per hr Air Cushion Recovery $ 180.00 per hr (2) Towing Agency Administrative Services Basic Rate After First (24) hours $ 30.00 This administrative service is not an automatic "add -on" but only when required to comply with Florida Statutes Sections 715.05 and 713.78, and may be imposed by the Towing Agency for administrative services. This charge refers to and includes verification of public V.I.N.; search of vehicle for ownership information; preparation and processing of paperwork; owner/lienholder information search; preparation and mailing of the first notification letter to owner. All actual fees imposed by state for obtaining pertinent ownership information and actual postage fees will be in addition to Section 19.1 cited above. The actual fee required by local Tag Agencies or computer service access time may be added to the above charges, but shall not exceed $2.00 per vehicle. Fees required by out of state governmental agencies may be added to the above charges. Towing Agencies will be required to justify the additional charges. All mailings to owners, lienholders, and governmental agencies (for ownership/lienholder information requests), will be done by CERTIFIED MAIL. This administrative service charge will not be imposed by the Towing Agency during the first 24 hours of impoundment. Failure to comply with the owner/lienholder notification provisions as required by Florida Statutes section 715.05 and 713.78, shall make void any and all claims of storage charges by the Towing Agency for the impounded vehicle. 19.3 Hourly Labor Rate. The following shall be the maximum rates allowed to be charged for towing service. The Contract Administrator and an authorized designee of the Department of General Services Administration may review the 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 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 10 rate adjustment(s) be approved, the Co.ntract(s) will be modified and the Towing Agencies shall be notified in writing of the new rate. The following are the maximum rates allowed to be charged for hourly labor at a scene. Examples of charges are removal of driveline or axles, road service calls, (including battery jump and tire change), winching recovery (winching shall not apply when removing a vehicle from a parking space and simple winching and retrieving to facilitate its removal), miscellaneous calls from the City requesting services such as removal of trees, debris from the street, etc. If an item other than a motor vehicle is towed at the request of the City, the Towing Agency shall be paid the tow rate according to the class of the wrecker required. Charges for these services shall be based on 15 minutes intervals, after the first thirty (30) minutes on the scene for actual labor or waiting, and according to the wrecker class required. No fees shall be charged for waiting time for releasing a vehicle at the City Storage facility, unless the on -site wait is in excess of fifteen (15) minutes after notification of arrival. (a) First 30 minutes on the scene included in base rate (b) Class "A" - Each 15 minute interval $ 23.75 - Hourly rate $ 92.00 (c) Class "B" - Each 15 minutes interval $ 45.00 - Hourly rate $ 180.00 (d) Class "C" - Each 15 minutes interval $ 57.50 - Hourly rate $ 230.00 (e) Class "D" - Each 15 minutes interval $ 70.00 - Hourly rat= S 280.00 Note: In situations of waiting time where more than one owner of towed vehicles are involved, the total amount of waiting time shall be divided equally between the owners of towed vehicles or items. 19.4 Boats: (a) The towing rate for all derelict boats or abandoned boats, with or without trailers, whether on land or waterside and with no owner information that are towed by a City Enforcement Officer or a Police officer will be a onetime flat rate fee of $60.00. (b) Fees charged for regular boats towed with owner information will be the responsibility of the owner. These fees will be charged according to class of tow truck used, example: Class 'A', Class 'B', Etc. 19.5 Underwater Recovery Services The above listed hourly labor rates as shown in Section 19.3, based on 15 minute intervals, are the maximum allowable (per hour, and according to wrecker class and service required) for recovery from salt or fresh water. If an additional tow truck is required to perform the recovery, the rate charged shall be the 11 amount set forth in Section 19.3. if required, a Certified Salvage Diver shall be provided by City. 19.6 Special Events/Standby Towing The rates listed below are the maximum allowable (per hour and according to wrecker class) for standby wreckers during Special Events. When asked to provide Special Events Towing, Towing Agency shall be entitled to payment for the number of hours of standby time, which exceeds the number of vehicles towed. Standby hours shall be paid at the towing rates listed below and must be authorized by the Police Officer in charge at the scene. (1) Class "A" - Hourly standby rate $ 92.00 (2) Class "B" - Hourly standby rate $ 180.00 (3) Class "C" - Hourly standby rate $ 230.00 (4) Class "D" - Hourly standby rate $ 280.00 NOTE: Towing Agency shall not charge nor shall be compensated for both standby and regular working towing rates, if directed to remove a vehicle during a special event. Only one or the other rate shall apply and be authorized, until the completion of the event. 19.7 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 Statutes 715.05 and 713.78. The following are the maximum allowable rates: (1) Any Vehicle - If released during the first six (6) hours No charge (2) Motorcycles - Daily rates $ 15.00 (3) Passenger Vehicles - Daily rate $ 25.00 (Less than 20 feet in length and 8 feet in width) (4) Larger Vehicles - Daily rate $ 40.00 (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) (6) Inside storaae - 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. Use of Overflow Storaae Area - Towing Agency shall not make any extra charge to customer retrieving a vehicle from an overflow storage area. Towing Agency may either bring a vehicle, which is stored in an overflow lot to the customer at the main office and storage area, or 12 (7) transport owner/designee to the overflow storage area to retrieve vehicle. There shall be no charge for this service. Coverinc charge - A covering charge of (one dollar ($1.00) a day may be added to a vehicle that must be covered with plastic material to shelter out the weather elements due to broken window, etc. and must be authorized by the impounding officer and noted on the pound slip. 19.8 Towing of Multiple Vehicles, Jet Skis, Engines, etc. A separate pound slip shall be completed on each vehicle, or item, and towing company shall be entitled to the specified tow fee for the required class wrecker on each vehicle or item. 19.9 Towing of Vehicles and Boats located within City's Auto Pound Towing of vehicles and boats within the City's Auto Pound, located at 300 N.W. 7th Street, shall be provided by the Towing Agency awarded that Zone. The rates for any tows in the Auto Pound shall not exceed the labor rates specified in Section 19.3. Towing Agency 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 prices shall be proposed based a flat rate, all -encompassing fee for each specified area. Included in the fee is 15 minutes of wait time and any special equipment such as, but not limited to, dollies. The prices listed below are maximum amounts to be paid to Towing Agency by the City. Tows within Miami -Dade County, 30 min. maximum response time... $ 30.00 Tows outside Miami -Dade County, , 1 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" (1st 30 min. on scene) $ 100.00 Class "D" (1' 30 min. on scene) $ 150.00 Lowboy/Landoll (Rate /hr. from initial departure) $ 150.00 Heavy Duty hourly wait time paid on / hour intervals $ 37.50 The mileage rate shall be one-way beginning at either the northern Broward County line or the southern Miami -Dade County line. The mileage rate for heavy-duty tows shall begin outside of City of Miami jurisdiction. The mileage rate shall be added to the flat fee of $30.00 for tows outside of Miami -Dade or Broward County (e.g. a vehicle is located in Boca Raton, Palm Beach County, 15 miles one way from the Broward County line. The tow fee would be $30.00 olus 15 times the mileage rate of $1.75 for a total of $55.25). Boat Towing Boat tows will be based on trailer able boats up to 30 feet and priced on the flat City rate listed in Category B: Towing of City -owned vehicles, plus one-way 13 mileage if towed from outside the City limits at the pickup point (location of disabled boat). SECTION 20 - APPLICABILITY OF RATES AND CHARGES: All above rates shall remain as stated or as accepted by City, except where unusual circumstances warrant change. Charges for services not covered by this Agreement shall be calculated at a compensatory rate of special equipment rental plus the hourly labor rate established herein. Use of special equipment shall be restricted to unusual circumstances and must be approved in writing by the officer on the scene. The rate structures applied and charged by Towing Agency shall depend upon requirements of the vehicle(s) to be removed, and upon the needs and conditions of the particular situation to which Towing Agency is called, regardless of the actual tow truck and/or equipment used. The class of wrecker and type of equipment to be dispatched shall be the responsibility of the officer on the scene, the complaint sergeant or other designated City representative. Situations, which require the removal of various vehicle parts, shall be charged at the hourly rate of the equipment used. SECTION 21 — BILLING: Towing Agency agrees to (a) itemize fully all bills on standard forms acceptable to City, (b) number all bills to correspond with the Miami Police department Vehicle Storage Receipt number and (c) keep copies of all bills and invoices on file for a minimum of three years. Copies of all bilis shall be provided to the City upon request. Itemization of bills shall include a detailed description of the type of services performed and/or equipment used, conforming to the descriptions and wording provided herein (i.e., Class "A" Base Rate, Additional Mileage, Hourly Labor Rate, Dollies, etc.) When bringing vehicle to Towing Agency storage facility, Towing Agency shall note arrival and departure times on vehicle tow slip. SECTION 22 - COLLECTION AND PAYMENT: All payments due to the Towing Agency shall be made by vehicle owner or his/her designee, upon receipt of itemized bills for services rendered. The City shall have no liability whatsoever for payment to Towing Agency. When presented with proper identification, Towing Agency shall accept payment for charges from the vehicle owner or authorized representative in any of at least two of the three following forms: (1) Cash, money order or valid traveler's check (2) Valid bank credit card (3) - Valid personal check showing on its face the name and address of the vehicle owner or authorized representative. Payment shall be made directly by the City to a Towing Agency operating under this Agreement only in the case of a standby charge for special events, special processing, or when specifically approved by the Chief of Police, the Director of General Service Administration, or the Fire, Rescue and Inspection Services Chief. 14 (3) (4) Towing Agency shall pay to City the City administrative charges on a monthly basis. The format for submitting such payments shall be determined by the City. It is hereby understood by and between City and Towing Agency that the payments due to City from Towing Agency shall be payable to City no later than the 20th day of the month, for all vehicles towed and paid for during the immediately preceding month. Additionally, Towing Agency shall return a Miami Police tow log and administrative fee remittance report with their payment. Upon expiration or within thirty (30) days after receipt of notice of termination of this agreement, agency shall pay to the City all moneys due through the date of termination or expulsion. City may waive City administrative cost if owner does not claim vehicle. A copy of the certificate of destruction or title shall be provided. SECTION 23 - ETHICS AND CONDUCT: Towing Agency shall conduct its business in an orderly, ethical, and businesslike manner, and shall use every means to obtain and keep the confidence of the motoring public. (1) Personnel shall conduct themselves in a courteous and businesslike manner, so as not to bring any undue criticism to City. (2) Towing Agency shall be responsible for ensuring that all of the operational personnel shall be of previous and continuous good moral character. Towing Agency operators shall neither solicit nor induce drivers or owners to patronize particular garages, body shops, or mechanics. The rebate or payment of money or any other valuable consideration to Towing Agency personnel from a garage, body shop, or mechanic is strictly prohibited and shall constitute grounds for the summary and immediate revocation of this Agreement. Giving gratuities to any employee of the City is prohibited and any violation hereof by Towing Agency shall, constitute grounds for the summary and immediate revocation of this Agreement. SECTION 24 - SUSPENSION PROCEDURES: (1) Towing Agency may be suspended for any violation of the provisions of this Agreement, which, in the sole discretion of the Contract Administrator or Towing Review Board, has given cause for such suspension, as follows: (a) First Violation up to 7 days. (b) Second Violation up to 14 days. (2) Should a third violation occur, upon recommendation of the Towing Review Board; the City Manager may terminate this agreement. 15 (3) By accepting a Zone, Towing Agency agrees to the reasonableness of the suspension procedures and that the same are necessary to enable City to fulfill its duties of safety and control of City's highways. SECTION 25 — IRREVOCABLE LETTER OF CREDIT: The Towing Agency shall provide to the City an irrevocable letter of credit in the amount of $10,000.00 to secure Towing Agency's performance under this Agreement. Towing Agency agrees and acknowledges that the City may, without demand or notice to the Towing Agency, collect from the Letter of Credit all amounts due to City by Towing Agency and all other amounts required by the City to cure any default of Towing Agency under this Agreement, in the City's sole discretion, including all amounts incurred in the investigation of an occurrence of a default and/or the enforcement of this Agreement, including reasonable attorney's fees and costs. In the event that the City draws upon the Letter of Credit, Towing Agency agrees to take all action necessary to cause a new letter of credit to be issued, as herein required, or to restore the amount of the Letter of Credit to its original amount within five (5) days after receipt of City's notice that it has drawn upon the Letter of Credit. Towing Agency must establish a new Irrevocable Letter of Credit in the amount of $10,000 prior to the commencement of each subsequent contract year. Written verification issued by the financial institution that the Irrevocable Letter of Credit is current must be provided to the Contract Administrator on an 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 from this Agreement. SECTION 26 — INSPECTION OF FACILITY AND EQUIPMENT: Inspection of facility and the equipment of Towing Agency may be made by members of the Miami Police Department at any time during the term of the Contract, as deemed appropriate by the City. SECTION 27 — DEFAULT: The occurrence of any of the following events shall constitute an event of default: (a) Failure to make any payment to the City on the date the same is due; or (b) Breach or failure to observe or comply with any provision of this agreement. Upon the occurrence of any event of default the City, in addition to other remedies available by law, shall have the right to exercise its rights under the Letter of Credit, as provided in Section 25 above and/or terminate this Agreement in accordance with the provisions of Section 29 below. SECTION 28 - TERMINATION FOR CAUSE: The City shall have the right to terminate this Agreement upon the occurrence of any of the following events: (a) Towing Agency's failure to tow within the guidelines of this contract, after the third notice of poor performance. 16 (b) The occurrence of a monetary default under Section 27 (a) above which is not cured within ten (10) days following the City's notice of default. (c) Towing Agency's failure to comply with the provisions of Section 25 above within the time specified therein. (d) Towing Agency's failure to comply with the insurance requirements set forth in Section 44 hereof. (e) With respect to any other event of default, upon the recommendation of the Towing Review Board. (f) (g) Adjudication of the Towing Agency as bankrupt. The filing of insolvency, reorganization or bankruptcy petition (voluntary or involuntary) by the Towing Agency. (h) Abandonment of Towing Agency premises or discontinuance of operations. (i) U) (k) The making of general assignment for the benefit of creditors. Making any charge at rates greater than those established by this Agreement. Making changes to the name, structure, control or entity of a Towing Agency's corporate status by way of transferring stock in the amount of five (5) percent or greater, without the prior consent of the City Manager. SECTION 29 - TERMINATION WITHOUT CAUSE: The City shall have the right to terminate this Agreement at any time, without cause and without any liability to the City if such termination has been determined by the City Commission to be in the best interest of the City. In such event the City shall give Towing Agency at least 90 days prior written notice of termination. SECTION 30 - COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Towing Agency and City of Miami shall comply with all applicable laws, ordinances and codes of Federal, State and Local governments. SECTION 31 - GENERAL CONDITIONS: (1) All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be sent by persona! service, or by registered or certified mail addressed -to the other party at the address indicated herein, or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail on the fifth (5) day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI TOWING AGENCY Traffic Crash Unit 17 Wrecker Detail 1701 NVV 30 Ave Miami, Florida 33125 (2) Title and paragraph headings are for convenience reference, and are not a part of this Agreement. (3) In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents the terms in this Agreement shall rule. (4) No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. (5) Should any provision, paragraph; sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida, or the City of Miami, such provisions; paragraph, sentence, word, or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable; to conform with such laws, then the same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. SECTION 32 - OWNERSHIP OF DOCUMENTS: All documents developed by Towing Agency under this Agreement shall be delivered to City by said Towing Agency upon completion of the Service and shall become property of City, without restriction or limitation on its use. Towing Agency agrees that all documents maintained and generated pursuant to this agreement are subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties, that any information, writings, maps, contract documents, reports; or any other matter whatsoever which is given by City to Towing Agency pursuant to this Agreement shall at all times remain the property of City and shall not be used by Towing Agency for any other purposes whatsoever without the written consent of City. SECTION 33 - NONDELEGABILITY: The obligations of Towing Agency under this Agreement shall not be delegated or assigned to any other person or firm without the City's prior written consent. SECTION 34- AUDIT RIGHTS: City reserves the right to audit the records of Towing Agency which pertain to this Agreement, at any time during the term of this Agreement, and for 2 period of three (3) year after final payment is made under this Agreement SECTION 35 - AWARD OF AGREEMENT: 18 Towing Agency warrants that it has not employed or retained any person employed by City to solicit or secure this agreement and that it has not offered to pay, paid, or agreed to pay any person employed by City, any fee, commission, percentage, brokerage fee, or any gift of any kind contingent upon or resulting from the award of this Agreement. SECTION 36 - CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws; statutes; and case laws of the State of Florida. SECTION 37 - SUCCESSORS AND ASSIGNS: This agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. SECTION 38 - INDEMNIFICATION: Towing Agency hereby agrees to pay on behalf of, indemnify, defend, and hold harmless the City and City's officers, agents; and employees from and against any and all suits; actions, legal, or administrative proceedings, claims, demands; damages, liabilities, interest; attorney's fees; costs and expenses of whatsoever kind or nature, for any personal injury; loss of life or damage of property, whether arising before or after completion of the work hereunder, and in any manner directly or indirectly caused, occasioned or contributed to in whole or part by reason of any act, omission, fault or negligence, whether active or passive; of Towing Agency, or anyone acting under its direction or control, or on its behalf, in connection with this contract. The Towing Agency's aforesaid indemnity and hold harmless agreement shall not render such Towing Agency responsible of any liability caused by sole negligence of the City. SECTION 39 - CONFLICT OF INTEREST: (1) Towing Agency covenants that no person employed by agency exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect with City. Towing Agency further covenants that, in the performance of this Agreement, no person having a conflicting interest shall be employed. Any such interests in the part of Towing Agency or its employees must be disclosed in writing to City. (2) Towing Agency is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Miami -Dade County, Florida (Miami -Dade County Code, Section 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said law. SECTION 40 - INDEPENDENT CONTRACTOR: Towing Agency and its employees and agents shall be deemed to be independent contractors, and not agents or employees of City, and shall not attain any rights benefits under the Civil Service or Pension Ordinances of City, or any rights generally afforded classified or unclassified employees; further, he/she shall not be deemed entitled to the Florida Worker's Compensation benefits as an employee of City. 19 SECTION 41 - NONDISCRIMINATION: Towing Agency agrees that it shall not discriminate as to race, sex, color, age, creed, religion national origin, marital status or handicap in connection with its performance under this Agreement. Nor; in connection with the conduct if its business, including rendition of services and employment of personnel, all persons having appropriate qualifications shall be afforded equal opportunity for employment. SECTION 42 - ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only Agreement of the parties hereto and correctly sets forth the rights, duties and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. SECTION 43 - INSURANCE: Towing Agency shall maintain in force at all times during the term of this Agreement: 43.1 Commercial General Liability/Garage Coverage Form A. Limits of Liability: Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Products/Completed Operations Personal and Advertising Injury Endorsements Required: City of Miami included as an Additional Insured; Contingent and Contractual Liability; Premises/Operations Liability; Explosion, Collapse and Underground Hazard; Primary Insurance Clause Endorsement; and Coverage for lease workers (if applicable). 43.2 Business Automobile Liability A. Limits of Liability: Bodily Injury and Property Damage Liability Combined Single Limit Any Auto, Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident B. Endorsements Required City of Miami included as an Additional Insured $ 500,000 $ 1,000,000 $ 500,000 $ 500,000 $ 1,000,000 20 43.3 Worker's Compensation 43.4 A. Limits of Liability: Statutory -State of Florida Waiver of subrogation Employer's Liability A. Limits of Liability: $ 100,000 for bodily injury caused by an accident, each accident. $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit 43.5 Garage Keepers Legal Liabiiity A. Limits of Liability Deductibles: Comprehensive Each Auto Collision or Upset Each Auto 500,000 $1,000/ $2,500 Max $1,000/ $5,000 Max All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "A" as to management, and no less than "Class \/" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent subject to the approval of the City's Department of Risk Management. Certificates of insurance will indicate no modification or change in insurance without thirty (30) days in advance notice to the certificate holder. Certificate Holder must read: City of Miami 444SW 2�° Avenue Miami, Florida 33130 BINDERS ARE UNACCEPTABLE Compliance with the foregoing requirements shall not relieve the Towing Agency of its liability and obligations under this section or under any other section of the Agreement. The Towing Agency shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all options terms that may be granted to the Towing Agency. 21 If insurance certificates are scheduled to expire during the contractual period, the Towing Agency shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: A. Suspend the Agreement until such time as the new or renewed certificates are received by the City in the manner prescribed in this Agreement. B. The City may, at its sole discretion, terminate the Agreement for cause. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. The City shall be listed as an additional insured for all insurance requirements. SECTION 45 - AMENDMENTS: City may, at its discretion, amend the Agreement to conform to changes in applicable City, County, State and Federal laws, directives, guidelines and objectives. No amendments to this Agreement, other than amendments required by changes in county, State or Federal laws, shall be binding in either party unless in writing, signed by both parties. The parties shall incorporate such amendments as a par of this Agreement upon review, approval, and execution hereto. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this day and year first above written. TOWING AGENCY ATTEST: Corporation Secretary (Title) WITNESS: NESS: (Seal) 22 CITY OF MIAMI, a municipal corporation of the State of Florida ATTEST: Priscilla Thompson Johnny Martinez, P.E. City Clerk City Manager APPROVED AS TO INSURANCE APPROVED AS TO FORM REQUIREMENTS: AND CORRECTNESS: Calvin Ellis, Director Risk Management Julie Bru City Attorney 23