HomeMy WebLinkAboutExhibitCITY OF MIAMI
TOWING /WRECKER AGREEMENT
BETWEEN THE CITY OF MIAMI
AND
Ai f9
ZONE
THIS AGREEMENT, made and entered into this 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), hereinafter referred to
as "TOWING AGENCY," with the effective date of
SECTION 1 - TERM OF AGREEMENT:
The term of this Agreement shall be five (5) years, commencing thirty (30) days after its execution
(the "Effective Date") by the City Manager. The City Manager shall have the option to extend the
term for five (5), one-year renewal periods, at the City Manager'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. 612382, (the "RFQ"), for the provision of towing services (the
"Services") as more specifically described in the RFQ which by this reference is incorporated into
and made a part of this Agreement as an attachment ("Exhibit X); and
Whereas, the Towing Agency was awarded a contract by the City Commission, to provide the
Services for Zone , which is described herein; and
Whereas, the parties hereto wish to set forth the terms and conditions pursuant to which Towing
Agency shall perform the services.
Now, therefore, in consideration of the foregoing and the mutual covenants contained herein, City
and Towing Agency agree as follows:
SECTION 2- ORDER OF PRECEDENCE
The order of precedence whenever there is conflicting or inconsistent language between
documents is as follows: (1) Professional Services Agreement ("PSA") (2) Addenda/Addendum
to the RFQ; (3) RFQ; and (4) Towing Agency's response and price proposal dated June 1, 2016,
acknowledging scope of services and pricing component of services and, response to the
Request for Proposals.
SECTION 3 - 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 anyone 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")
(d) The Contract Administrator
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All requests generated by the FRI, FLEET departments must be authorized by the Chief and
Director of the departments, or their authorized designees. Towing Agency, however, shall have
the right to assume upon receipt of the requests, that the same has been authorized as herein
provided.
SECTION 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 City's Fire, and FLEET.
(2) Towing Agency shall have sufficient personnel to staff the facility Monday through
Saturday, from 8:00 a.m. to 6:00 p.m., pursuant to Florida Statute §715.07(2)(a)1.a., as
amended, for the purpose of releasing vehicles to owners, and also agrees to provide for
the special release of vehicles twenty-four (24) hours a day, seven (7) days a week at the
request of a Miami Police Department Shift Commander or the Contract Administrator.
(3) Towing Agency shall provide service within Zone _, and to other Zones as requested in
accordance with Sections 10, City Vehicle Towing Service, and 11, Exceptional Towing
Service, of this Agreement.
(4) Tow trucks must proceed to the scene immediately after Tow Agency receives the correct
address from the person making the request by telephone or radio. Thirty (30) minutes is
the maximum allowable response time, however, considerations may be given to traffic
conditions, which could result in delays. Should Towing Agency anticipate delay beyond
thirty (30) minutes due to traffic conditions, Towing Agency shall advise the source of the
request of the estimated time of arrival. If Towing Agency responds to a scene of a request
for towing service and the service is no longer needed, then Towing Agency must notify
the Police Complaint Desk of cancellation within one (1) hour. If cancellation is not
reported, then Towing Agency will be responsible for the administrative charge.
(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 36, Suspension from Contract, and 40, Termination for Cause, of this Agreement.
(6) All Towing Agency's personnel operating tow trucks shall be qualified and experienced in
handling equipment safely on the scene, and in going to and from the scene. All tow truck
operators shall have a current valid Florida Driver's 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, and written directives issued by the City Manager, Police Chief, or
Contract Administrator at all times.
(8) Tow truck operators shall impound any vehicle or item at the request of the Miami Police
Department (MPD), The tow truck operator shall abide by the decision of the police officer
at the scene.
(9) Tow trucks shall not use rotating beacons when proceeding to a call unless authorized by
the police dispatcher.
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(10) Rotating beacons shall be used at the scene, and when towing vehicles from the scene
only if towed vehicle represents a hazardous condition. Sirens on wreckers are prohibited.
(11) Towing Agency shall not remove vehicles involved in accidents prior to the arrival of a
police unit, and then only with the permission of the assigned police unit.
(12) Tow truck operators shall be responsible for removing glass and/or other debris from the
street as a result of a traffic accident to which said operator is responding. This debris
shall be placed in a suitable container and removed by tow truck operator and shall not,
in any case, be left at curbside. Tow truck operators shall be directed in this task by the
police unit assigned the call.
(13) Towing Agency shall use equipment of a type, which shall not damage City vehicles towed,
and whenever possible shall be towed on a flat bed.
(14) Towing Agency shall assume all responsibility for damage done to a vehicle towed, or to
be towed, during the performance of the services and while vehicles are stored at the
agency's place of business in accordance with Florida Statute 713.78, as amended.
(15) Towing Agency shall not make any repairs to any towed vehicle without the express written
consent of the owner of the vehicle in accordance with applicable Miami -Dade County
Ordinances.
(16) Towing Agency's file shall contain a list of all vehicles on the premises, copies of itemized
bills, copies of notices sent to vehicle owners and proof of mailing as required by law and
this agreement, records of payment by customers, records of payment to City, and Driver
License Motor Vehicle reports on all tow truck operators. This file must be kept current
and available for inspection by City at all times.
(17) Towing Agency shall remain equipped and shall comply with all requirements set forth in
the RFQ throughout the entire term of this Agreement.
(18) Towing Agency office and storage area must remain at the location stated by the agency
when this contract was awarded, unless specific written approval for a re -location of the
office and/or the storage area is received from the Contract Administrator.
(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
56, Insurance.
(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 hours 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.
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(23) Once the Towing Agency has been notified that they are not in compliance with the towing
contract, they have ten (10) Calendar 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, as listed in Section 3, Services, of this Agreement. Cancellation may also be authorized
at the scene by a police officer.
In the event a hookup has taken place and it is necessary to drop the vehicle prior to commencing
a tow, then the Towing Agency shall have the right to charge for this service an amount not
exceeding one-half the regular towing rate ("Drop Fee"); according to the class of tow, per Florida
Statute §715.07(3)1, as amended. In the event the owner could drive his/her automobile, and the
only service needed from the Towing Agency is to pull the bumper or fender not exceeding one-
half the regular towing rate, according to the class of tow may be made. No City administrative
charge may be made for these services.
SECTION 6 - ZONE BOUNDARIES:
Towing Agency shall be responsible to notify and train 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.
Continued violations of this section shall subject them to the penalties as stated in Section 37,
Suspension Procedures, of this agreement to the extent that it is permissible under 323,002(3).
Florida Statute, as amended. If a tow truck driver is stopped by an officer or a citizen he shall not
tow the vehicle unless verification is made by the Miami Police Complaint Center that the location
is assigned to the tow company's Zone and more specifically, the case number is assigned to the
Towing Agency reporting area.
SECTION 7- 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 inside or outside of their assigned Zone the company will be
suspended in accordance with Section 37, Suspension Procedures, and penalized in accordance
with Section V and Florida Statute §323.002(2), as amended. If the Towing Agency elects to
continue to employ the driver, any subsequent violations by the same driver shall result in a double
penalty in accordance with Sections 6, Zone Boundaries, and 22, Storage Rates, and shall require
the termination of said employee from performing any services under this Agreement.
SECTION 8 - EMPLOYEES OF TOWING AGENCY:
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 Wrecker Detail
within 72 hours of such change.
SECTION 9 - 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 vehicle
storage spaces (Approximately 11,000 sq. ft.).
4 Rev. 8.5.16
All Towing Agency's storage areas must conform to all existing and City of Miami zoning
requirements. All impounding vehicles and towing vehicles and equipment at Towing Agency's
storage site shall be kept within the confines of the facility and not upon the public streets,
sidewalks, or public property, with the exception of loading and unloading of vehicles.
At City's sole discretion, Towing Agency may be directed to tow a vehicle to a City storage facility.
Towing Agency may also be required to move one vehicle from one location to another within the
City facility, at the direction of a designated City employee. Each such move shall be charged to
the responsible City department, in accordance with the rates set forth in Section 25, of this
Agreement.
Towing Agency storage areas must display identifying signs clearly visible from the street, in
conformance with zoning regulations, to enable its easy location. The company name shall be
displayed in letters no less than 12 inches in height.
Impounded vehicles shall only be released if a citizen provides "Proper Documents" necessary
for the release of a vehicle when a vehicle or vessel has been towed. It must be released to its
owner or custodian, with proper documents, within one hour after requesting same, per F.S.
715.07(8), as amended. "Proper Documents" are defined as proper photo identification of the
individual (driver's license preferred) and registration or title for the vehicle. If the individual is not
the owner, a notarized letter from the owner authorizing vehicle release must be submitted making
that individual the designee. (Note: In any case where the vehicle owner(s) is out of town or
unavailable, a Facsimile or Scanned document email of the notarized letter will be acceptable,)
During normal business hours, the owner of a stored vehicle or designated representative shall
be allowed to view vehicle after providing proper documentation of ownership or representation.
Vehicle owners must be allowed to inspect their vehicles and remove their personal possessions
not attached to vehicle and without the requirement of a waiver for payment as a condition of
releasing vehicles, per Florida Statute §715.07(9), as amended Any other requests shall be left
to the discretion of Towing Agency. Towing Agency shall not charge any storage and/or
administrative fee or "Gate Fee" for an owner or designee to recover items from stored vehicle.
Towing Agency must provide security for impounded vehicles and assume responsibility for any
articles of value left in the vehicle and listed on the Vehicle Storage Receipt or Towing Report.
Towing Agency agrees to replace any such article(s) or stolen parts from the vehicle or
compensate the vehicle owner upon verification of the loss by the designated investigative officer
of the Miami Police Department.
Upon arrival of a vehicle at the storage facility, the storage facility personnel shall verify the
inventory of contents of the vehicle as listed on the Vehicle Storage Receipt and/or Towing Report.
Discrepancies shall be reported immediately to the Miami Police Complaint Center, and the Police
Wrecker Detail.
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 10 — 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
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Street, unless otherwise indicated by City of Miami Communications Section or the Fleet Services
Center or Contract Administrator.
SECTION 11 - 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 25 of this Agreement.
SECTION 12 - 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 the
services. When requested, all Towing Agencies shall be required to provide at least two (2) Class
"A" Wreckers and (2) Class "A' Slide Backs for Special Events.
Special events or special operations are defined as City hosted events; parades, festivals, 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 13 - 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 Agency shall have all required equipment in the RFQ, at all times during the term of this
Agreement.
SECTION 14 - LICENSES, PERMITS ETC:
Towing Agency shall comply with all applicable laws, including without limitation, with the City of
Miami Code, Chapter 42 Articles IV and 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, eta. must be kept valid throughout the terms of this Agreement.
SECTION 15 - 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
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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 Contract Administrator to determine if it should be the
basis of suspension or termination. Files shall be kept by the Wrecker Detail about Towing Agency
complaints.
SECTION 16 - COMPLAINTS FROM TOWING AGENCIES:
Any complaints from Towing Agencies concerning city employees shall be forwarded to the
Wrecker Detail of the Miami Police Department for investigation, and a written reply shall be made
to Towing Agency within fifteen (15) working days of receipt by the Wrecker Detail.
SECTION 17 - MAXIMUM RATES:
Pursuant to Section 30-476 of the Miami -Dade County code, as amended, the Code establishes
maximum allowable rates for non-consensual towing, police towing and storage for providing tow
services at the request of property owners or police agencies as reflected in Attachment A.
The City hereby adopts and incorporates the maximum rates established by the Miami -Dade
Board of County Commissioners pursuant to Sec. 30-476 of the Code, as amended, for providing
recovery, non -consent towing, removal and storage services at the request of a police agency,
Miami Parking Authority, or a property owner or authorized representative, with or without the
prior consent of the vehicle owner or other authorized person in control of the vehicle. From time
to time, the maximum rates may be altered, revised, increased or decreased by the Miami -Dade
Board of County Commissioners.
Towing rates set forth in the Contract shall be clearly and permanently posted in a conspicuous
place in the facility and in easily readable form at all times.
Towing Agency that provides non-consensual towing services shall not charge in excess of the
maximum allowable rates established by the Miami -Dade Board of County Commissioners.
Towing. Agency providing vehicle towing and storage services shall not charge any type of fee
other than the fees for which the Miami -Dade Board of County Commissioners has established
specific rates.
In addition to the maximum allowable rates that may be charged by the Towing Agency, the City
will charge an administrative fee of $30 for each vehicle that is recovered, towed, removed, or
stored within the City. The City will send a monthly invoice to the Towing Agency for payment of
the City's administrative charges. The administrative charges are due immediately upon the
receipt of the invoice, but no later than the 20th day of the month. Failure to remit payment of the
administrative charges within the specified time shall result in an additional charge (to be
determined). Continued failure to pay the charges after 30 days of receipt of the invoice will result
in the Towing Agency's suspension and the City may seek additional recourse from the Towing
Agency as set forth in section 42-109.
Part II/Chapter 42/Article IV/Division 4 of the Code of the City of Miami, Florida, as amended, is
amended in the following particulars:
Towing rates set forth in the Contract shall be posted in a conspicuous and permanent place in
the office building and storage facility and in an easily readable form at all times.
Mileage fees shall not be charged for towing a private vehicle to a city -operated storage facility.
Rev. 8.5.16
Mileage for towing vehicles from outside City limits to City -operated storage facility shall be based
on the one-way distance between the pickup point, and the closest point of entry into Miami city
limits. The first five (5) Miles shall be included in the towing fee.
Additionally, the 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.
SECTION 18 — 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.
After 24 hours of impoundment, an administrative fee of $30.00 will be charged. This
administrative fee will not be imposed by the Towing Agency during the first 24 hours of
impoundment.
This administrative fee is not an automatic "add-on" but only required to comply with Florida
Statutes, and will be imposed by the Towing Agency for administrative services. These services
include but are not limited to, verification of public Vehicle Identification Number (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 (refer to
Attachment A.
This administrative fee will include the cost for the labor and postage for the mailing of the
notification letter(s), as required by law. All fees imposed by the State for obtaining pertinent
ownership information and actual postage fees will be in addition to rates established
(refer to Attachment A).
An additional fee required by local tag agencies or computer service access time may be added
to the above service charges. Fees required by out-of-state governmental agencies may also be
added to the above service charges.
Towing Agency will be required to justify the additional fee(s) and charge(s) above the $30.00
administrative fee. All mailings to owners, lienholders, and governmental agencies (for
ownership/lienholder information requests), shall be done by Certified Mail.
Failure to comply with the owner/lienholder notification provisions as required by Florida Statutes
Sections 715.07 shall make void any and all claims of storage charges by the Towing Agency for
the impounded vehicle. — -- -- —
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 the towed vehicles or
equipment.
SECTION 19 — HOURLY LABOR RATE:
Pursuant to Section 30-476 of the Miami -Dade County code, as amended. The following shall be
the maximum rates allowed to be charged for towing service. See Attachment A(1).
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
Rev. 8.5.16
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 forthese 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 faculty, unless the on-
site wait is in excess of fifteen (15) minutes after notification of arrival.
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.
SECTION 20 — UNDERWATER RECOVERY SERVICES:
Pursuant to Section 30-476 of the Miami -Dade County code, as amended. The above listed
hourly labor rates as shown in Attachment A(1) as amended based on 15 minute intervals, are
the maximum allowable (per hour, and according to wrecker class and service required) for
recovery from salt or fresh water, If an additional tow truck is required to perform the recovery,
the rate charged shall be the amount set forth in Attachment A(1) as amended Maximum Rates
Allowed by City, Attachment A(1) as amended. If required, a Certified Salvage Diver shall be
provided by City. A Class D wrecker will be required for any request from the City (Miami Police
Department Underwater Recovery Detail) for any underwater recovery of submerged vehicles or
vessels.
SECTION 21 — SPECIAL EVENTS/STANDBY TOWING:
Pursuant to Section 30-476 of the Miami -Dade County code, as amended. The rates listed in
Header/Attachments, Attachment A(1), Category A, are the maximum allowable (per hour and
according to wrecker class) for standby wreckers during Special Events.
When asked to provide special events towing, the 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 by Miami -Dade County and must be authorized by the
Police Officer in charge at the scene.
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. (e.g. if selected Proposer who
works a Marlin Stadium event, for four (4) hours and tows three (3) vehicles, is entitled to one (1)
hour standby time. Selected Proposer will not be compensated for towing and standby if selected
Proposer works the event for four (4) hours and tows four (4) vehicles; selected Proposer will
receive either the standby time, or the fee for each vehicle that is towed. (Selected Proposer will
not get paid for four (4) hours standby and also for the four (4) tows).
SECTION 22 — STORAGE RATES:
Pursuant to Section 30-476 of the Miami -Dade County code, as amended (refer to Attachment
A(1)). Daily rates for all vehicle storage are based on a 24-hour day after the first six (6) hours of
storage. 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 715.07 and
713.78.
9 Rev. 8.5.16
Use of Overflow storage Area "" Towing Agency shall not make any extra charge to customer
retrieving a vehicle from an overflow storage area. Towing Agency may either bring a vehicle,
which is stored in an overflow lot to the customer at the main office and, storage area, or transport
owner/designee to the overflow storage area to retrieve vehicle. There shall be no charge for this
service.
Covering charge - A covering charge of one dollar ($1.00) a day may be added to a vehicle that
must be covered with plastic material to shelter out the weather elements due to broken window,
etc. and must be authorized by the impounding officer and noted on the pound slip.
SECTION 23 —TOWING OF MULTIPLE VEHICLE COMPONENTS, JET SKIS, ENGINES, ETC.:
Under Category A or B, a separate pound slip shall be completed on each component or vehicle
or item and Towing Agency shall be allowed one tow fee for the required class wrecker. For
instance, if a Towing Agency is notified of the need for a tow truck in a specific zone, and the tow
truck will accommodate more than one vehicle component or jet skis etc., then the Towing Agency
will only be allowed to charge one fee.
SECTION 24 — TOWING OF VEHICLES AND BOATS LOCATED WITHIN CITY'S AUTO
POUND:
The City's Auto Pound is located at 300 N.W. 7th Street, Miami. Towing Agency shall, when
required by the Auto Pound, be utilized for the movement of vehicles around the Pound. The rates
for any tows in the Auto Pound shall not exceed the labor rates specified in Header/Attachments
section, Attachment A(1) and for Extra Time at Scene for Police Directed Tows. The first one-
half hour will be included in the initial cost per call. Charges are in 15 minute intervals and must
have written documentation and approval of the investigating law enforcement officer. Towing
Agency shall respond only upon the receipt of a call for service by the City and shall be
compensated accordingly.
SECTION 25 - CATEGORY B: TOWING OF CITY -OWNED, LEASED, RENTED VEHICLES,
BOATS, OR VEHICLES UNDER THE JURISDICTION OF THE CITY:
Towing prices shall be proposed based a flat rate, all-encompassing fee for each specified area.
Included in the fee is 15 minutes of wait time and any special equipment such as but not limited
to dollies. The prices listed below are maximum amounts to be paid to Towing Agency by the City.
Refer to Attachment A(2)
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 hall -hour intervals ....................................... $ 15.00
MileageRate .... .... ........ .................. .......... ............. *....... ............. 1.75
Class "B" (1 st 30 min. on scene) .................................................... $ 40.00
Class "C (1st 30 min. on scene) ..................................................... $ 100.00
Class "D" (1st 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 fine 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,
10 Rev. 8.5.16
fifteen (15) miles one way from the Broward County line. The tow fee would be $30.00Imus 15
times the mileage rate of $1.75 for a total of $56.25).
Boat tows will be based on trailer able boats up to 30 feet and priced on the flat City rate listed in
Category B: Towing of City -owned vehicles, plus one-way mileage if towed from outside the City
limits at the pickup point (location of disabled boat).
All derelict boats or abandoned boats with or without trailers, whether on land or waterside, with
no owner information, shall be towed by the assigned towing company and transferred to the
towing company yard or to the Miami Police Auto Pound, if required, for evidentiary purposes.
The Towing Agency shall have an operational boat trailer to safely accommodate any vessel up
to 30 feet, without damage, when the vessel is being towed to the towing company yard. At the
time of the tow call, the Police Department will inform the towing company of the need for said
trailer. Based on Class of tow truck utilized (example: Class A, B, C, D), rates charged shall be
as referenced in Attachment A.
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, B,
etc.).
Note: If a vessel is impounded for evidence at police impound by Miami Police Department, then
the vessel storage and any incidental or subsequent damage will the responsibility of the Miami
Police Department.
SECTION 26 - DISPOSITION OF VEHICLES, VESSELS & MOBIL HOMES:
If a vehicle that is older than three years, has been impounded by the Towing Agency for 35 days
or more, the Towing Agency can "pull" the title and sell or junk the vehicle.
If a vehicle is newer than (less than three years old) three years, has been impounded by the
Towing Agency for 50 days or more, the Towing Agency can "pull" the title and sell or junk the
vehicle.
The disposition of any vehicle by auction to satisfy liens for labor and/or services shall be done in
strict accordance with Chapters 715 and 713 (or other applicable chapters) of the Florida Statutes
as amended.
SECTION 27 - INSPECTION OF FACILITY AND EQUIPMENT:
Towing Agency facility(ies) and equipment shall be inspected and certified (By placement of the
City of Miami Wrecker Inspection Certificate on the Windshield) annually for compliance to
contractual obligations. They may be inspected by members of the City of Miami Police
Department at any time during the term of the Agreement, as deemed appropriate by the Contract
Administrator or his designee.
SECTION 28 - WORK ASSIGNMENTS:
All towing 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 frequency of towing
assignments or the amount of payments under the terms of this contract.
11 Rev. 8.5.16
SECTION 29 - UNAUTHORIZED SERVICES:
Neither the Towing Agency nor any of its employees shall perform any towing or towing related
services for the City unless duly authorized by the Contract Administrator or authorized designee.
The Towing Agency will not be paid for any work performed outside the scope of the award, or
any work performed by any Towing Agency, or Towing Agency employee not otherwise previously
authorized.
SECTION 30 - RESPONSE TIME:
Response time is defined as the time when a call for towing service is made to the Towing Agency
by the City, and the time the Towing Agency arrives at the location where the towing is to be
performed. Under normal circumstances, this response time shall not exceed 30 minutes. In
cases where a vehicle may be blocking access to an assigned parking area, the response time
shall not exceed 15 minutes. Towing Agency shall indicate any inability to respond within the
specified time frames established, at the time of the City's original request. Failure to meet the
response time requirements may result in suspension from the contract or termination of the
Towing Agency for default.
All towing requests and removal of traffic hazards will be made through the Contract Administrator
or designee. The Contract Administrator or designee reserves the right to cancel a request for
service at any time, including up to the time of hook-up, without any charge. Hookup consists of
a complete mechanical connection of the vehicle to the tow truck. The Towing Agency agrees
that the mere response to a service call, including arrival time at the scene, without other action,
does not constitute a service call where charges are applicable.
SECTION 31 - 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 32 — BILLING:
Towing Agency agrees to (a) itemize fully all bills on standard forms acceptable to City as attached
(Attachments E and F; (b) number all bins to correspond with the Miami Police Department
Vehicle Storage Receipt number and (c) keep copies of all bills and invoices on the for a minimum
of five years. Copies of all bills shall be provided to the City upon request.
Itemization of bills shall include a detailed description of the type of services performed and/or
equipment used, conforming to the descriptions and wording provided herein (i.e., Class "A" Base
Rate, Additional Mileage, Hourly Labor Rate, Dollies, etc.). When Towing Agency is bringing a
vehicle to their storage facility, Towing Agency shall note departure time from the vehicle pickup
point and arrival time at the tow yard on vehicle tow slip.
12 Rev. 8.5.16
SECTION 33 , COLLECTION AND PAYMENT:
All payments due to the Towing Agency shall be made by vehicle owner or his/her designee: upon
receipt of itemized bills for services rendered. The City shall have no liability and will be held
harmless and indemnified for payment owed to Towing Agency. When presented with proper
identification, Towing Agency shall accept payment for charges from the vehicle owner or
authorized representative in any of at least two of the three following forms:
(1) Cash, money order or valid traveler's check
(2) Valid bank credit or debit 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.
Towing Agency shall pay to City the City administrative charges on a monthly basis. The format
for submitting such payments shall be determined by the City. All payments must be in the form
of a cashier's check or money order, payable to the City. Personal or business checks will not be
acceptable for payment purposes. Current or future payment plans with the City for payment of
overdue monies owed the City will not be accepted or honored.
All firms are required to remain current in their payment of monies owed to the City while under
contract.. When a towing firm is officially notified by the Finance Department that it is in arrears,
at any time during the towing contract with the City, and it fails to pay all monies by the due date,
it shall be subject to termination of the towing contract, for the remainder of the entire contract,
including extension terms, as applicable. Further, its overdue fees shall be collected by the City
from its irrevocable Letter of Credit, and the City may pursue other legal recourse to collect any
of the remaining balance, if applicable. Regardless of whether the towing agency remains under
contract or has been terminated from said contract for its failure to meet all requirements of the
contract, the City shall, via any and all legal means necessary, seek recoupment of all monies
due the City payable in full, 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 Towing Agency shall be payable to the City no later than
the 20th day of the month. Whenever any Towing agency fails to collect or remit to the Finance
Department monies owed the City within the time limit therefore, the City shall assess the Towing
Agency the amount of monies due, plus interest at the rate of one percent (1 %) per month or any
fraction thereof, and a penalty of ten percent (10%) of the monies due on uncollected or
unremitted amounts.
All administrative fees for public and private towing shall be paid monthly by the due date to the
City's Finance Department instead of the Miami Police Department. Payments shall be made
each month by cash: cashier's check or money order. No personal or company checks will be
accepted. Payments shall be made directly to:
13 Rev. 8.5.16
City of Miami Accounting Division
Finance Department
P.O. Box 330708
Miami. Fl. 332330708
The Miami Police Department, on an on-going basis, will provide the Finance Department with
the Miami Police Towing Administrative Fee Remittance Report, and the Miami Police Towing
Administrative Vehicles Pending Release Report. The Finance Department will then reconcile the
towing reports and assessment with the monies received, and bill and collect any outstanding
amounts due to the City.
It is hereby understood by and between City and Towing Agency that the payments due to City
from Towing Agency shall be payable to City no later than the 20th day of the month, for all
vehicles towed and paid for through release to owner or lien holder, or auctioned during the
immediately preceding month. Additionally, Towing Agency must return a Miami Police Tow Log
and Administrative Fee Remittance Report with their payment. Upon expiration or within thirty
(30) days after receipt of notice of termination of this agreement, Towing Agency shall pay to the
City all monies due through the date of termination or expulsion.
Towing Agency shall pay to the City the City administrative charges on a monthly basis. City may
waive City administrative cost only if the disposition of vehicle does not generate any revenues.
To be exempt from charges, a copy of the certificate of destruction or title must be provided along
with the Towing Report, and exemption must be approved by the City. If Towing Agency fails to
provide said proof, Towing Agency shall be responsible for payment of administrative surcharges.
SECTION 34 - ETHICS AND CONDUCT:
Towing Agency shall conduct its business in an orderly, ethical, and businesslike manner, and
shall use every means to obtain and keep the confidence of the motoring public.
(1) Personnel shall conduct themselves in a courteous and businesslike manner, so as not to
bring any undue criticism to City.
(2) Towing Agency shall be responsible for ensuring that all of the operational personnel shall be
of previous and continuous good moral character.
(3) Towing Agency operators shall neither solicit nor induce drivers or owners to patronize
particular garages or mechanics. The rebate or payment of money or any other valuable
consideration to Towing Agency personnel from a garage or mechanic is prohibited.
(4) Giving gratuities to any employee of the City is prohibited and any violation hereof by
Towing Agency shall, constitute grounds for the summary and immediate revocation of this
Agreement.
SECTION 35 - CRIMINAL CONVICTION:
No Towing Agency owner, officer, board member or any individual working for the Towing Agency
can have a prior conviction related to a towing related offense, including insurance claim fraud,
within the last five years, as of the proposal due date, regardless of the degree, and the disposition
of the case (i.e., withhold of adjudication, pre-trial intervention, and pre-trial diversion). A
conviction is an adjudication of guilt by a court of competent jurors, a plea of guilt or "nolo
contendere" or a judgment when an adjudication of guilt is withheld and the accused is placed on
probation, It could also pertain to an arrest when a related offense where arrest was supported
14 Rev. 8.5.16
by probable cause, whether or not that arrest led to a conviction. In the event the arrest resulted
in a no action, the City will evaluate on a case by case basis to determine the person's ability to
enter or remain a part of the towing contract.
SECTION 36 - SUSPENSION FROM CONTRACT:
The City's Contract Administrator may suspend a Towing Agency for any violations of the
provisions of the contract, during the term of the contract, at the sole discretion of the Contractor
Administrator or designee, if the Towing Agency:
a) Fails to notify the City of any changes in corporate structure.
b) Fails to maintain/furnish applicable insurance requirements, prior to the expiration date of
the insurance. The City may suspend the Towing Agency until such time as the new
Certificate of insurance is received by the City;
c) Faits to pay monies due to the City within the specified deadlines.
d) Fails to be in compliance with the equipment requirements, such as reduction in amount
of equipment, and or fails to notify the City of change in ownership of equipment.
e) Fails to take the action necessary to cause a new Letter of Credit to be issued within the
specified timeframe, in the event the City draws upon the original Letter of Credit.
f) Does not submit the Annual Revenue (full amount or pre -approved installment) by the time
frame specified.
g) At any time during the contract term, is Involved in an ongoing bankruptcy as a debtor, or
in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has
been appointed over all or a substantial portion of the property of the Towing Agency under
federal bankruptcy law or any state insolvency law.
h) Has been placed on the convicted vendor list following a conviction of a public entity
crimes, pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes.
i) Or Towing Agency's employee is arrested for a crime that is towing related during the time
of his duties.
j) Overcharges the City or citizens for services rendered.
k) Fails to meet the response time requirements.
1) Fails to meet any requirements of the contract.
m) Repeated and unjustified failure of a Towing Agency to respond within thirty (30) minutes
from receipt of request.
SECTION 37 - 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 may be cause for such suspension, as follows:
(a) First Violation up to 7 days.
(b) Second Violation up to 14 days.
(2) Should a third violation occur, upon recommendation of the Contract Administrator; the City
Manager may terminate this agreement.
(3) By accepting a Zone, Towing Agency agrees to the reasonableness of the suspension
procedures and that the same are necessary to enable City to fulfill its duties of safety and control
of City's highways. Further, by accepting a Zone, Towing Agency is required to follow Chapter
§323, as amended, and subject to the remedies as provided therein.
15 Rev. 8.5.16
SECTION 38 - IRREVOCABLE LETTER OF CREDIT:
Towing Agency shall submit to the City, as a part of the Contract execution, together with the
Contract to be executed, an Irrevocable and unconditional Letter of Credit ("Letter of Credit") in
the amount of Ten Thousand Dollars ($10,000.00). The City acknowledges receipt of an
irrevocable letter of credit in the amount of $10,000.00, which has been delivered by Towing
Agency to the City to secure Towing Agency's performance under this Agreement. Towing
Agency agrees and acknowledges that the City may, without demand or notice to the Towing
Agency, collect from the letter of Credit all amounts due to City by Towing Agency and all other
amounts required by the City to cure any default of Towing Agency under this Agreement, in the
City's sole discretion, including all amounts incurred in the investigation of an occurrence of a
default and/or the enforcement of this Agreement, including reasonable attorney's fees and costs.
In the event that the City draws upon the Letter of Credit, Towing Agency agrees to take an action
necessary to cause a new letter of credit to be issued, as herein required, or to restore the amount
of the Letter of Credit to its original amount within five (5) days after receipt of City's notice that it
has drawn upon the Letter of Credit, if applicable.
Towing Agency must establish a new, Irrevocable and "unconditional Letter of Credit in the
amount of $10,000 reflecting RFQ #612382, It shall remain in effect and irrevocable during the
term of the Contract. Written verification issued by the financial institution that the Irrevocable
Letter of Credit is current must be provided to the Contract Administrator on annual basis. Failure
to maintain the Letter of Credit in the amount of $10.000 and in a continuous current status will
result in the termination of the Towing Agency(s) from the Agreement.
The Letter of Credit shall be subject to approval as to form by the City Attorney and Risk
Management, and shall be in effect and irrevocable and unconditional during the entire term of
the Contract.
SECTION 39 — DEFAULT:
The occurrence of anyone of the following events shall constitute an event of default:
(a) Failure to make any payment to the City on the date the same is due;
(b) Breach or failure to observe or comply with any provision of this agreement or laws, codes,
rules or regulations referenced therein; and
(c) Failure to maintain required insurance, bonding or letter of credit.
Upon the occurrence of any event of default the City, in addition to other remedies available by
law, shall have the right to exercise its rights under the Letter of Credit as provided in Section 33,
Collections and Payment above and/or terminate this Agreement in accordance with the
provisions of Section 40, Termination for Cause below.
SECTION 40 - TERMINATION FOR CAUSE:
The City Manager shall have the right to terminate this Agreement upon the occurrence of any of
the following events with no refund of Annual Revenue paid to the Towing Agency:
(a) Towing Agency's failure to tow within the guidelines of this contract, after the third notice
of poor performance;
(b) The occurrence of a monetary default which is not cured within ten (10) days following the
City's notice of default;
(c) Towing Agency's failure to comply with the terms of the contract's provisions within the time
specified therein;
16 Rev. 8.5.16
(d) Towing Agency's failure to comply with the insurance requirements set forth in this
solicitation;
(e) With respect to any other event of default (under investigation, etc.) upon the
recommendation of the City Manager;
(f) Adjudication as bankrupt;
(g) The filing of insolvency, reorganization or bankruptcy petition (voluntary or involuntary);
(h) Abandonment of Towing Agency's premises or discontinuance of operations;
(i) General assignment for the benefit of creditors;
Q) Over -charging rates greater than those established by this Contract; If a Towing Agency is
found to be over -charging the City or citizens, Towing Agency shall refund the over -charged
party three times the amount of the overcharge.
(k) Changes to the name, structure, control or entity of a selected Proposer's corporate status
by way of transferring stock or ownership, without the prior written consent of the City
Manager.
SECTION 41 -TERMINATION FOR CONVENIENCE:
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written
notice when in the best interest of the City of Miami. To the extent that this Contract is for services
and so terminated, the City of Miami shall be liable only for payment in accordance with the
payment provisions of the Contract for those services rendered prior to termination.
SECTION 42 - COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Towing Agency and City shall comply with all applicable federal, state, and local laws, codes,
ordinances, rules, and regulations in performing its duties, responsibilities, and obligations
pursuant to this Agreement.
SECTION 43 - GENERAL CONDITIONS:
(1) All notices or other communications which shall or may be given pursuant to this Agreement
shall be in writing and shall be sent by personal service, or by registered or certified mail
addressed to the other party at the address indicated herein, or as the same may be changed
from time to time. Such notice shall be deemed given on the day on which personally served;
or if by mail on the fifth (5) day after being posted or the date of actual receipt, whichever is
earlier.
CITY OF MIAMI
Traffic Division
Wrecker Detail
1701 NW 30TH Avenue
Miami, Florida 33125
With a copy to:
City Manager
10th Floor, MRC, 444 SW 2nd Av,
Miami, FL 33130
TOWING AGENCY
King's Wrecker Service, Inc.
1529 NW 37th Street
Miami, FL 33142
Attention: Farah Fernandez
Vice President
Phone: 305-635-3170
Email: kingswreckermiami@yahoo.com
(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.
17 Rev. 8.5.16
(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 44 - 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 45 - 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 46 - AUDIT RIGHTS:
City shall have right to, and Towing Agency shall preserve and make available, at any time for
examination and audit by the City, as applicable, all financial records, supporting documents,
statistical records, and any other documents pertinent to this Agreement for a minimum period of
three (3) years after termination of this Agreement. Reference §18-102, as amended.
SECTION 47 - PUBLIC RECORDS
Towing Agency understands that the public shall have access, at all reasonable times, to all
documents and information pertaining to City Agreements, subject to the provisions of Chapter
119, Florida Statutes, including without limitation Florida Statute § 119.0701, and agrees to allow
access by the City and the public to all documents subject to disclosure under applicable laws.
Provider's failure or refusal to comply with the provisions of this section shall result in the
immediate cancellation of this Agreement by the City. Should Towing Agency determine to dispute
any public access provision required by Florida Statutes, then Towing Agency shall do so at its
own expense and at no cost to the City.
SECTION 48 - AWARD OF AGREEMENT:
Towing Agency warrants that it has not employed or retained any person employed by City to
solicit or secure this agreement and that it has not offered to pay, paid, or agreed to pay any
person employed by City, any fee, commission, percentage, brokerage feel or any gift of any kind
contingent upon or resulting from the award of this Agreement.
18 Rev. 8.5.16
SECTION 49 - CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to the laws, statutes, and case laws
of the State of Florida.
SECTION 50 - SUCCESSORS AND ASSIGNS:
This agreement shall be binding upon the parties herein, their heirs, executors, legal
representatives, successors, and assigns.
SECTION 51 - INDEMNIFICATION:
Towing Agency hereby agrees to pay on behalf of, indemnity, hold/save harmless, and defend at
its own costs and expense, 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 sale negligence of the City.
This indemnification shall survive the cancellation or expiration of this Agreement
SECTION 52 - 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 21 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 53 - 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 the City.
SECTION 54 - NONDISCRIMINATION:
Towing Agency represents and warrants to the City that the Towing Agency does not and will not
engage in discriminatory practices and that there shall be no discrimination in connection with the
performance of this Agreement on account of race, color, sex, religion, age, handicap, marital
status or national origin.
Towing Agency further covenants that, in connection with the conduct if its business, including
rendition of services and employment of personnel, and persons having appropriate qualifications
shall be afforded equal opportunity for employment.
19 Rev. 8.5.16
SECTION 55- ENTIRE AGREEMENT:
This instrument and its attachments constitute the sale 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 56• INSURANCE:
Towing Agency, at its sole cost and expense, shall maintain in force and effect at all times during
the term of this Agreement, the following insurance coverage:
(1) Commercial General Liability
Limits of Liability
Bodily injury and Property Damage Liability
Each Occurrence
General Aggregate Limit
Products/Completed Operations
Personal and Advertising Injury
Endorsements Required:
City of Miami included as an Additional insured
Contingent and Contractual Liability — ISO FORM
Premises and Operations Liability — ISO FORM
Primary and non-contributory endorsement
(2) Business Automobile Liability
$1,000,000
$2,000,000
$1,000,000
$1,000,000
Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto, Owned Autos, or Scheduled Autos
Including Hired: Borrowed or Non -Owned Autos
Any One Accident $1,000,000
Endorsements Required:
City of Miami included as an Additional Insured
(3) Worker's Compensation in the form and amounts required by state law
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
(4) Employer's Liability
A. Limits of Liability
20 Rev. 8.5.16
$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
(5) Garage Keepers Legal Liability
A. Limits of Liability $ 500,000
B. Deductibles
Comprehensive Each Auto $1,000/$2,500 Max
Collision or upset. Each Auto $1,000/$5,000 Max
On Hook Liability Coverage Included
City shall be named as a primary additional insured on the above-mentioned policies and
coverage and all such policies shall provide for a 30 -day prior written notice to the City of
termination or change in coverage.
All insurance policies required must be written by a company or companies rated at least "A-" as
to management and at least Class "V" as to financial strength in the latest edition of the Best's
insurance Guide, published by Alfred M. Best Company, Inc., Oldwick, N.J. Insurance coverage
shall list the City as Additional Insured, and be subject to the approval of the City's Risk
Management Director. The City shall be given at least 30 days prior written notice of any
cancellation, lapse, or material modification of said insurance coverage,
SECTION 57 - AMENDMENTS:
The 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, shalt
be binding in either party unless in writing, signed by both parties. The parties shall incorporate
such amendments as a part of this Agreement upon review, approval, and execution hereto.
21 Rev. 8.5.16
SECTION 58 - ANNNUAL REVENUE AMOUNT:
A. First Year of Agreement:
Towing Agency agrees to pay to the City the full Annual Revenue amount for the first year of
the Contract. The Annual Revenue must be received by the City within five (5) business days
of notification of award and prior to Notice to Proceed. Failure to submit the first year's Annual
Revenue amount, as specified, may result in the assigned zone(s) being awarded at the sole
discretion the City.
B. Second and Subsequent Years of Agreement:
For the second year and the subsequent years of the Contract, the City may approve a split
payment arrangement for the payment of the Annual Revenue amount. This split payment, if
approved, may be paid in three installments, consisting of one payment of fifty percent (50%)
of the Annual Revenue amount and two, twenty-five (25%) payments, all to be paid by the
Contract renewal date. Approximately ninety (90) days prior to the anniversary date of each
Contract year, the City will issue the Notice of Annual Revenue due the City for the following
Contract year. The Towing Agency agrees to submit their Annual Revenue payment as a one-
time payment that must be received by the Contract's annual renewal date. As stated above,
a pre -approved 50% partial payment with the remaining 50% due, paid in two (2) equal
installments, may be made, but, must be also received by the subsequent Contract annual
renewal date. Failure to submit the second and subsequent years' Annual Revenue amounts,
as specified, may result in the suspension, and/or termination from the Contract.
The Annual Revenue will be prorated by the City for any extension periods exercised during the
term of the Agreement.
22 Rev. 8.5.16
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized, this the day and year above written.
"City"
CITY OF MIAMI, a municipal
ATTEST: corporation
Todd B. Hannon, City Clerk
ATTEST:
Print Name:
(Corporate Seal)
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
Victoria Mendez
City Attorney
By:
Daniel J. Alfonso, City Manager
"Towing Agency"
a Florida corporation
0
(Authorized Corporate Officer)
Print Name:
Title:
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe
Risk Management Director
23 Rev. 8.5.16
CORPORATE RESOLUTION
WHEREAS, ., a corporation, desires to
enter into an agreement with the City of Miami for the purpose of performing the work described
in the contract to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered the
matter in accordance with the bylaws of the corporation;
NOW, THEREFORE, BE IT RESOLVED BYTHE BOARD OF DIRECTORS that this
corporation is authorized to enter into the Agreement with the City, and the President and the
Secretary are hereby authorized and directed to execute the Agreement in the name of this
Corporation and to execute any other document and perform any acts in connection therewith
as may be required to accomplish its purpose.
IN WITNESS WHEREOF, this day of , 2016
An
By:
Print Name:
Title:
Print Name:
("Consultant")
(State) Corporation
(sign)
(sign)
24 Rev. 8.5.16
EXHIBIT A
RFQ No. 612382
25 Rev. 8.5,16
EXHIBIT B
SCOPE OF WORK
Provide towing services, per specifications, for ZONE
26 Rev. 8.5.16
City of Miami, FL Contract No. RFQ612382
EXHIBIT B
SCOPE OF WORK
1. SPECIFICATIONS/SCOPE OF WORK
The City of Miami (the City) is contracting with numerous qualified, experienced, and licensed
Towing Agencies to provide two (2) categories of towing services for private vehicles within the
City's corporate limits, and City -owned, leased, or rented vehicles. The two categories are as
follows:
1) Category A: Police and Fire Dispatched Towing and Wrecker Services (non-consensual)
for private vehicles within the City's corporate limits; and
2) Category B: Towing of City -owned, leased and rented vehicles on an as needed basis.
For the purposes of both categories, the City has been divided into five (5) geographical Zones,
as described in Attachment C(1), Zone Descriptions; the Zone Map, Attachment C(2), Towing
Service Zones; and the Priority Ranking of the Zones, and Annual Revenue Proposal amounts
by Zone, Attachment C(3). Towing Agency must provide both Categories of services (A and B)
within assigned Zones.
It is the City's goal 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 refer to Attachment D.
2. MINIMUM QUALIFICATIONS AND EQUIPMENT REQUIREMENTS
The City has relied upon the Towing Agency's proposal, in addition to performing its due diligence,
to determine that the Towing Agency has met the following minimum requirements. These
requirements are in effect -throughout the term of the Contract, including any option to renew or
extension periods. A violation of these requirements may cause the Towing Agency's contract to
be suspended or terminated.
The terms "Tow Truck" and "Wrecker" are used 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 hydraulic.
Any replacement in vehicles during the term of this Contract, must be reported in writing to the
City's Contract Administrator, in advance of any changes. The request for replacement must
provide complete information on the vehicle or equipment being replaced and on the new vehicle
or equipment. At a minimum, include the year, make, model, VIN, tag number and class (A, B, C,
and D) of vehicle. If approved, the replacement vehicle and/or equipment must be inspected and
approved by the Contract Administrator prior to being used for services under the Contract.
Reductions below required minimum inventory of vehicles will be cause for Towing Agency to be
deemed non -responsible, suspended, and/or be terminated from this Contract.
Towing Agency shall have sufficient personnel to operate the required equipment, and to ensure
that the services can be satisfactorily performed.
Rev. 8/8/16
City of Miami, FL
Contract No. RFQ612382
3. CATEGORIES
The two (2) categories of towing service listed above are further explained below:
1) Category A: Police/ Fire Dispatched Towing & Wrecker Services for private vehicles
within the City's corporate limits.
To provide 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.
2) Category B: Towing of City -owned, leased, or rented vehicles
To provide towing services outside of City limits on a monthly 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, Florida. Towing requests for City -owned vehicles
within the City limits shall be handled by the Towing Agency assigned to that Zone.
Equipment used to tow shall be of a type not to damage City vehicles being towed and,
whenever possible, shall be towed on a flat bed.
Points of location outside City limits may be areas within Miami -Dade County, and
Broward County. Refer to Attachment A for maximum rates established for these tows.
Towing outside the City will be assigned by the Contract Administrator on a rotational
monthly basis, starting on the first day of each month. The Towing Agency assigned to
Zone 1, shall provide the outside towing services in the first month of the Contract; then
during the second month of the Contract, the Towing Agency assigned to Zone 2, will
- provide the services, and so on, until all Towing Agencies assigned to a Zone are utilized. _
The rotation will restart with the Towing Agency assigned to Zone 1, and so on.
All Towing Agencies agree to provide Class A through Class D tow truck services in
accordance with the requirements reflected in Section 11, Minimum Equipment
Requirements of the RFQ. By entering into a contract with the City, the Towing Agency
agree to provide either service in accordance with these requirements.
Towing Agency shall complete the attached Miami Police Tow Log, Attachment E, upon
completion of each tow. Towing Agency 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 shall be prepared and submitted monthly with
corresponding invoices to General Services Administration (GSA) Fleet Management
Division. All Towing Agencies shall submit the GSA towing invoices and towing log to John
Babos, Light Fleet Superintendent or Designee.
4. MAXIMUM RATES ALLOWED BY CITY
Pursuant to Section 30-476 of the Miami -Dade County Code, as amended, the Code establishes
maximum allowable rates for non-consensual towing, police towing and storage for providing tow
services at the request of property owners or police agencies as reflected in Attachment A. The
City hereby adopts and incorporates the maximum rates established by the Miami -Dade Board of
County Commissioners pursuant to Sec. 30-476 of the Code, as amended, for providing recovery,
non -consent towing, removal and storage services at the request of a police agency, Miami
Rev. 8/8/16
City of Miami, FL Contract No. RFQ612382
Parking Authority, or a property owner or authorized representative, with or without the prior
consent of the vehicle owner or other authorized person in control of the vehicle. From time to
time, the maximum rates may be altered, revised, increased or decreased by the Miami -Dade
Board of County Commissioners.
Towing Agency that provide non-consensual towing services shall not charge in excess of the
maximum allowable rates established by the Miami -Dade Board of County Commissioners.
Towing Agency providing vehicle towing and storage services shall not charge any type of fee
other than the fees for which the Miami -Dade Board of County Commissioners has established
specific rates. In addition to the maximum allowable rates that may be charged by the Towing
Agency(ies), the City will charge an administrative fee of Thirty Dollars ($30.00) for each vehicle
that is recovered, towed, removed, or stored within the City. The City will send a monthly invoice
to the Towing Agency for payment of the City's administrative charges. The administrative
charges are due immediately upon the receipt of the invoice, but no later than the 20th day of the
month. Failure to remit payment of the administrative charges within the specified time shall result
in an additional charge of Fifty Dollars ($50.00): Continued failure to pay the charges after 30
days of receipt of the invoice will result in the Towing Agency's suspension, and the City may
seek additional recourse from the Towing Agency as set forth in Section 42-109.
Towing rates set forth in the Contract shall be posted in a conspicuous and permanent place in
the office building and storage facility and in an easily readable form at all times. 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 pickup 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.
5.- __ ._ . AUXILIARY -CHARGES
Any auxiliary services (e.g., low -boy tractor trailer) are to be performed only if required and
appropriate. After 24 hours of impoundment, an administrative fee of Thirty Dollars ($30.00)
may be charged by the Towing Agency. This administrative fee will not be imposed by the Towing
Agency during the first 24 hours of impoundment. This administrative fee is not an automatic
"add-on" but only required to comply with Florida Statutes, and will be imposed by the Towing
Agency for administrative services. These services include but are not limited to, verification of
public Vehicle Identification Number (V.I.N.), search of vehicle for ownership information;
preparation and processing of paperwork; ownerllienholder 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. All fees imposed
by the State for obtaining pertinent ownership information and actual postage fees will be in
addition to rates established (refer to Attachment A).
An additional fee required by local tag agencies or computer service access time may.be added
to the above service charges. Fees required by out-of-state governmental agencies may also be
added to the above service charges. Towing Agency will be required to justify any additional
charges above the Thirty Dollars ($30.00) administrative fee imposed by the Towing Agency..
All mailings to owners, lienholders, and governmental agencies (for ownership/lienholder
information requests), shall be done by Certified Mail. Failure to comply with the owner/lienholder
notification provisions as required by Florida Statutes Sections 715.07, shall make void any and
all claims of storage charges by the Towing Agency for the impounded vehicle.
Rev. 8/8/16
City of Miami, FL Contract No. RFQ612382
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 the towed vehicles,
vessels, or equipment. For miscellaneous calls from the City requesting services such as removal
of trees, debris from the street, etc., or of an item other than a motor vehicle, the Towing Agency
will be paid the tow rate according to the class of the wrecker required.
6, BOATS
All derelict boats or abandoned boats, with or without trailers, whether on land or waterside, with
no owner information, shall be towed by the assigned Towing Agency and transferred to the
Towing Agency's yard, or to the Miami Police Auto Pound, if required, for evidentiary purposes.
The Towing Agency shall have an operational boat trailer to safely accommodate any vessel up
to 30 feet, without damage, when the vessel is being towed to the Towing Agency's yard. At the
time of the tow call, the Police Department will inform the Towing Agency of the need for said
trailer. Based on Class of tow truck utilized (example: Class A, B, C, or D), rates charged shall
be as referenced in Attachment A. 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, B, etc.)
Note: If a vessel is impounded for evidence at police impound by Miami Police Department, then
the vessel storage and any incidental or subsequent damage will the responsibility of the Miami
Police Department.
7. UNDERWATER VEHICLE RECOVERY SERVICES
The hourly labor rates as shown in Attachment A, Category A, based on 15 minute intervals, are
the maximum allowable rates (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 same maximum hourly rates will apply, if required, a Certified Salvage Diver may
be provided by City. A Class D wreckerwill be required for any request from the City (Miami Police
--.Department-Underwater-Recovery-Detail) for any underwater -recovery of submerged -vehicles or -
vessels.
8. SPECIAL EVENTS/STANDBY TOWING
The rates listed in Attachment A, Category A, are the maximum allowable (per hour and
according to wrecker class) for standby wreckers during special City -hosted 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 by Miami -Dade County; and must be authorized by the Police Officer in
charge at the scene.
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. For example, if Towing Agency
works a Marlin Stadium event for four (4) hours, and tows three (3) vehicles, Towing Agency is
entitled to one (1) hour standby time. Towing Agency will not be compensated for towing and
standby if Towing Agency works the event for four (4) hours and tows four (4) vehicles; Towing
Agency will receive either the standby time, or the fee for each vehicle that is towed. Towing
Agency will not be paid for four (4) hours standby, in addition to the four (4) tows.
9. STORAGE OF VEHICLES
Daily rates for all vehicle storage are based on a 24-hour day after the first six (6) hours of storage.
The daily rate shall apply according to the type of vehicle stored. Storage will only be assessed
Rev. 8/8/16
City of Miami, FL
Contract No. RFQ612382
to owner of vehicle when notified, as provided by Florida State Statutes 715.07 and 713.78.
Towing Agency shall not charge extra to customer retrieving a vehicle from an overflow storage
area. Towing Agency may either bring a vehicle, which is stored in an overflow lot, to the customer
at the main office and storage area, or transport owner/designee to the overflow storage area to
retrieve vehicle. There shall be no charge for this service.
10. TOWING OF MULTIPLE VEHICLE COMPONENTS, JET SKIS. ENGINES, ETC.
Under Category A, or B., a separate pound slip shall be completed on each component or vehicle
or item, and Towing Agency shall be allowed one tow fee for the required class wrecker. For
instance, if a Towing Agency is notified of the need for a tow truck in a specific zone, and the tow
truckwill accommodate more than one vehicle component orjet skis etc., then the Towing Agency
will only be allowed to charge one tow fee.
11. TOWING OF VEHICLES/BOATS LOCATED WITHIN THE CITY'S AUTO POUND
The City's Auto Pound is located at 300 N.W. 7th Street, Miami. Towing Agency shall, when
required by the Auto Pound, be utilized for the movement of vehicles around the Pound. The rates
for any tows in the Auto Pound shall not exceed the labor rates specified in Attachment A, and
for Extra Time at Scene for Police Directed Tows. The first one half hour (30 minutes) shall be
included in the initial cost per call. Charges are in 15 minute intervals and must have written
documentation and approval of the investigating law enforcement officer. Towing Agency shall
respond only upon the receipt of a call for 'service by the City and shall be compensated
accordingly.
12. DISPOSITION OF VEHICLES
If a vehicle that is older than three years, has been impounded by the Towing Agency for 35 days
or more, the Towing Agency can "pull" the title and sell or junk the vehicle. If a vehicle is newer
than three (3) years (less than three years old), has been impounded by the Towing Agency for
50 days or more, the Towing Agency can "pull" the title and sell orjunk the vehicle. The disposition
of any vehicle by auction to satisfy liens for labor and/or services shall be done -in strict accordance
with Chapters 705 and 713 (or other applicable chapters) of the Florida Statutes.
Rev. 8/8/16
IN WITN-8-S'S WHE'Al . EO QiF, *60 Paftles hereto, have causedthtsr. instrument to be :executed
:�yfljqlr respective qfrficJ'ats thereunto ftily,4uthodzod, this the dayomd year abovb WrIttoll.
011MOF MAW, 0 momilpipat
ATTEST
%dd B. H�nnorl, City Qletk
ATTE81.
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APPROVED. AS TO LEGAL_.: FORM:
AND CORRECTNESS::
WiR
Ciy Attorney
seq'll):
M ldtmn'Towlng. of *M,:.laml.,. Inc.
ay.
Daniel J.,
"Towling Agemy"
WIon. TQwln.,gof Man I'm
0
Prtht Nbrnw MWItAEL TUR
Tate: VICE -..PRESIDENT
APPROVED AS TO I.N8URANCE.
Ann-Mar!.Q, Sharpe
F�r�k:l'Jlana�emet�t :Director'
.22
-Rev. UA6.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto dulyauthorized, this the day and year above written,
ATTEST:
Todd B. Hannon, City Clerk
city,
CITY OF MIAMI, a municipal
corporation
By:
Daniel J, Alfonso, City Manager
;Towing Agency",
ATTEST: �', Giovanna Petra& Downtown Towing Company
Commission # FF982998 a Florida corporation
Expires: April 18, 2020
8 nde thru Aaron Notary
lllllllll
( th riz • C orate Officer)
Print Name �voQN�3?\OtAr_�rk Print Name: l( ,LAA
Title; 11`
(Corporate Seal)
APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE
AND CbRRECTNESS: REQUIREMENTS;
Victoria Mendez. Ann -Marie Sharpe
City Attorney Risk Management. Dlrector
Downtown Towing Company
22
Rev. 8.5,16
11
IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed
by their respective officials thereunto duly authorized, this the day and year -above written.
Ocity"
CITY OF MIAMI, a municipal
ATTEST: corporation
By:
Todd B. Hannon, City Clerk Daniel J. Alfonso., City Manager
"Towing Agency"
ATTEST— King's Wrecker Service, Inc.
SANDRA a Florida corporation
My COMMISSION # FF 167891
EXPIRES: Novembers, 2o18
BODM ThrU NOWY PUWUndawrRus
By:
(Authorized Corporate Offl6af)
Print Name:. 5-211CI-102L Print Name: .
Title: VP
(Corporate Seal)
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
Victoria M6ndez
City Attorney
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Mario Sharpe
Risk Management Director
King's Wrecker -Service, Inc, 22 Rev, 8,5,16
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized, this the day and year above written.
°City"
CITY OF MIAMI, a. municipal
ATTEST: corporation
By:
Todd B. Hannon, City Clerk Daniel J. Alfonso, 'City Manager
"Towing Agency"
ATTEST: Banos Towing Services Ctrp.
a Florida p
By: _
(Authorized Corporate Officer):
Print Name d? ell �t�7US Print Name:1/DO q Q
Title: 7LI), U g
(Corporate Seal)
APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE
AND CORRECTNESS: REQUIREMENTS,
Victoria lPl6ndez _ _ _ -Ann-Marie Sharpe
City Attorney Risk Management Director
I
ir
�1ElKA���ON8�3
y,"., 11SS1� � 2011
:r4�.rv,•c�+. N' �Cyp FE6'• A pn � Unden+�ecs
�sa nw.l�SbtuNot�tl
V a C R+1n+
Banos Towing Services Corp. 22'9' Rev, 85.1.6
IIS WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized, this the day and year above written.
iic.ityrY
CITY OF MIAMI, a municipal
ATTEST: corporation
By:
Todd B, Hannon, City Clerk Daniel J. Alfonso, City Manager
"Towing Agency"
ATTEST: American Towing Inc.,
taarP� a Florida corpor,1 n
a° ,,..., ar% FAI�W FERNAhOEZ
r My COMMISSION # FF 190851
s,, � EXPIRES: January 20,2019 g
® qT y:
ut rized Corp rate Off
Print Name: Print ame:��-f--�
Tit
(Corporate Seal)
APPROVED AS TO LEGAL FORM APPROVED'AS TO INSURANCE
AND CORRECTNESS: REQUIREMENTS:
Victoria Mendez Ann -Marie Sharpe
City Attorney Risk Managament Director
American Towing, Inc.
22
Rev, 805,16
EXHIBIT C
PROPOSAL AND COMPENSATION
Annual Revenue Amount for assigned Zone: Zone - $00,000
27 Rev. 8.5.16
EXHIBIT D
INSURANCE REQUIREMENTS
See attached
Rev. 8.5.16
INSURANCE REQUIREMENTS FOR A -CERTIFICATE OF INSURANCE
CITYWIDE TOWING SERVICES
The Towing Agency shall furnish Certificate(S) of Insurance which indicate insurance coverage has been obtained
which meets the requirements as outline below:
Commercial General Liability
Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Products/Completed Operations $1,000,000
Personal and Advertising Injury $1,000,000
Endorsements Required
City of Miami included as an Additional Insured
Contingent and Contractual Liability- ISO FORM
Premises & Operations Liability- ISO FORM
Primary and non-contributory endorsement
Business Automobile Liability
Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto, Owned.Autos, or Scheduled Autos
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $1,000,000
Endorsements Required
City of Miami included as an Additional Insured
Worker's Compensation
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
Garage Keepers Legal Liability
A. Limits of Liability $ 500,000
B. Deductibles
Comprehensive Each Auto $1,000/$2,500 Max
Collision or Upset Each Auto $1,000/$5,000 Max
On Hook Liability Coverage Included
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 "V" as to financial
strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldivick, 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 (30) days in advance
notice to the certificate holder.
Certificate Holder Must Read: City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
BINDERS ARE UNACCEPTABLE
Compliance with the foregoing requirements shall not relieve the Towing Agency of their liability and obligation
under this section or under any other section of this 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 option terms that may be
granted to the Towing Agency.
--If insurance certificates are scheduled to expire during the contractual period, the Towing Agency shall be
responsible for submitting new or renewed insurance cert'if'icates to the City at a minimum of ten (10) 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 Contract until such time as the new or renewed certificates are received by the City in the
manner prescribed in the RFP.
B) The City may, at its sole discretion, terminate the Contract for cause and seek re -procurement damages from
the Towing Agency in conjunction with the violation of the terms and conditions of the Contract.
C) The City reserves the right to request copies of all policies, including applicable endorsements in connection with
this Contract.
ATTACHMENT " A Department of Regulatory and Economic Resources
Business Affairs Division
MIAMtOffice of Consumer Protection
601 NW 1'` Court, 18" Floor
MMODADEMiami, Florida 33136
Tel: (786) 465-2300 Fax: (786) 469-2311 Email: consumeridmiamidade.ov
Miami Dade County, Florida
Maidmum Non -Consent Towing Rates
Private Property
Private Property Impound Tow
ClassA..................................................................................... Flat Rate $101.00
Rate if released on scene...>.......................................................................... $50.50
Class B... - - *
........................................I.............................................Flat Rate $165.00
Class C......................................................................................FlatRate $235.00
Class D......................................................................................Flat Rate $300.00
No other fees may be imposed for the first 24 hours the vehicle is in the care, custody and control
of the towing operator, egceut applicable storage fees may be charged after the proper police
authority has been notified and the vehicle has been in the possession of the towing operator for
at least 6 hours.
Administrative...,.............................................................................:.... $30.00
The fee that is charged for title and lien search, advertising costs, and notification of lien holder
and owner of the whereabouts and charges against a vehicle or vessel.
Daily indoor storage—vehicles 20' or less ................................................... $25.00
After first 6 hours (Chargeable in 24-hour increments)
Indoor storage rates may only be charged upon the direction and authorization of the owner, lien
holder, insurance company representative or investigating police agency.
Daily indoor storage — vehicles longer than 20'. . ............................................ $40.00.
After first 6 hours (Chargeable in 24-hour increments) '
Indoor storage rates may only be charged upon the direction and authorization of the owner, lien
holder, insurance company representative or investigative or investigating police agency.
Daily indoor storage—small personal vehicles ............................................... $12.00
(i.e., motorcycles, ATV's, scooters, etc.) After first 6 hours (Chargeable in 24-hour increments)
Indoor storage rates may only be charged upon the direction and authorization of the owner, lien_
holder, insurance company re resentative or investigating police agency.
Daily outdoor storage -vehicles 20' or less ................................................... $20.00
After first 6 hours (Chargeable in 24-hour increments)
Daily outdoor storage—vehicles longer than 20' ............................................ $35.00
Amer first 6 hours (Chargeable in 24-hour increments)
Daily outdoor storage small personal vehicles ............................................. $10.00
(i.e., motorcycles, ATV's, scooters, etc.) After first 6 hours (Chargeable in 24 hoax increments)
M IAM I'DADE
MIAMI-DADE COUNTY, FLORIDA �
u hates are effective as of 7nne 1-1, 2016
Department ofRogulatory and Economic Resources
Business Affairs Division
-11AM,D Office of Consumer protection
6011VW I,, Court, is" Floor
1 1 Miami, Florida 33136
Tel: (786) 469-2300 Fax: (786) 469-2311 Email: consumer@miamidade.gov
Miami Dade County, Florida
Maximum Non -Consent Towing Rates
Police Directed
Police Directed Tow
ClassA................................................................................................. $116.00
ClassB.................................................................................................. $190.00
ClassC................................................................................................ $270.00
ClassD................................................................................................. $345.00
Per mile fee for Police Directed Tow (After first five miles)
ClassA.................................................................................................. $3.45
ClassB ................. .................................................................................. $4.00
ClassC...................................................................................... ......... $5.18
ClassD........................................................................................_.......... $6.33
Extra Time at Scene for Police Directed Tow
ClassA. ........ .......................................................................................... $29.00
Class8 ................. .................................................................................. $47.50
ClassC.................................................................................................... $67.50
CassD................................................................................................... $86.25
First one-half hour to be included in the initial cost per call. Charges are 15 minute intervals.
Must have the written documentation and approval of the investigating law enforcement
agency/officer.
Administrative........................................................ I..................... $35.00
The fee that is charged for title and lien search, advertising costs, and notification of lien holder
and owner of the whereabouts and charges against a vehicle or vessel.
Daily indoor storage — vehicles 20' or less ................................................... $31.00
After first 6 hours (Chargeable in 24-hour increments)
Indoor storage rates may only be charged upon the direction and authorization of the owner, lien
holder, insurance company representative or investigating police agency.
Daily indoor storage -vehicles longer than 20' ................................I............. $50.00
After hist 6 hours (Chargeable in 24-hour increments)
Indoor storage rates m.ay only be charged upon the direction and authorization of the owner, lien
holder, insurance company representative or investigative or investigating police agency.
Daily indoor storage— small personal vehicles ............................................... $15.00
(i.e., motorcycles, ATV's, scooters, etc.) After first 6 hours (Chargeable in 24-hour increments)
Indoor storage rates may only be charged upon the direction and authorization of the owner, lien
holder, insurance company representative or investigating police agency.
Daily outdoor storage -vehicles 20' or less ................................................... $25.00
After first 6 hours (Chargeable in 24-hour increments)
M I AM I'bRDE
MIAMI-DADE COUNTY, FLORIDA
* Rates are effective as of June 17, 2016
Daily outdoor storage -vehicles longer than 20' ............................................ $44.00
After first 6 hours (Chargeable in 24-hour increments)
Daily outdoor storage -small personal vehicles.............................................$12.50
(i.e., motorcycles, ATV's, scooters, etc.) After first 6 hours (Chargeable in 24-hour increments)
Lowboy Services
Tow Rate (hook-up and 1st 1/2 hour at scene ........................................................ $270.00
Per Towed Mile after first 5 miles.................................................................... $5.18
Extra Labor/waiting time at scene (after first 1/2 hour) per 1/a hour thereafter_ ................. $67.50
Hazardous material clean-up (Class C & D Only) and disposal as required, mandated
and/or licensed. through state or local laws and approved by the investigating law enforcement
agency/officer. Towing Company revailin rates
Dollies
Class A (except Private Property Tows) ................................................... $40.00 perjob
Underwater Recovery Salvage Divers
ForFirst Hour/ per driver............................................................................. $143.75
For each additional 15 minutes....................................................................... $36.25
Per �/4 hour or any fraction thereof over the first hour/per diver.
Performed by a certified//professional diver with the written documentation and approval of the
investigating law enforcement officer/agency.
MIAMI -ME I AM I'DADE
MIAMI-DADE COUNTY, FLORIDA NW
*Rates are effective as of lune 1%, 201'6
ATTACHM5N'T' A (2).
CATEGORY B `COWING SERVICES
CATEGORY B ; Towing of City -owned leased, rented vehicles, or vehicles under the
tu.risdiation of the Citi
Towing prices are based on a flat, rate, alhencompassing 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 selected Proposer by the City.
I
i Tows within Miami -Dade County, 30. min.. maximum response time... $ 30.00
Tows outside Mibml-Dade County, , -1 hr, response time ................. $ 30.00
Towing. of City Owned Boats.. ... ,. .,,,......,............... ...................1.1 $100..00
Hourly welt time, paid on half-hour Intervals, .................................. $ 15,00
MileageRate..................................................................... $ 1..75
Class "B" (1St 30 min. on scene) ....... $ 40.00.
Class "C" (1 st 30 min, on scene):.................................................1. $1,00 , 00
Class "D", (1 St 30 min. on scene)., ......................... ..................... $ 160'.00
Lowboy-18ndofl (Rate /hr. from initial departure) ................................ $'160.00
Heavy Duty hourly wait time paid .on % hour intervals ........................ $ 37,50
The mileage rate shall be one-way beginning at elther,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 Froward County (e,g, a vehicle is located in Boca Raton, Palm reach County, 15
miles one way from the Broward County line. The tow fee would be $30.00 Pius 16 times the
i mileage rate of $1,75 for a total of $56,25),
Boat Towing
Boat tows w111 be based -on trailer able boats up to 30 feet and priced on the flat City rate listed in
Category B; Towing of City -owned vehicles, plus one-way mileage If towed from outside the City
limits at the pickup point (location'of disabled boat).
APPLICABILITY OR RATES AND CHARGES
All above rates shall remain as stated by the City. Charges for services not covered by this
Agreement shall be calculated at a compensatory rate of'speclal 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 selected Proposer shall depend upon requiremonts of
the vehicle(s) to be removed, and upon the needs and conditions of the particular situation to which
selected. Proposer is called, regardless of the actual tow truck andfor 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 then equipment used.
1. Business N
Z Business Ai
ATTACHMENT..,,.S
APPLICATION FOR WRECKER CONTRACT
WITH THE CITY OF MIAMI
m
Tephn f�p..
Mailing Address,—;...
C{ Zip.:
State type of business enterprise (e.g. corporation, association, partnership,
organization, joint venture, trust, foundation, firm, group, society, individual natural
person, etc.) ' .. ,::,,.., .,.....:,......x
3. NAME ALL OWNERS/PERSONS HAVING AN INTEREST IN THE TOWING
AGENCY. (Atkach additional sheets if necessary)
NAME€x
ADDRESS.
PHONE,", .
CITY_ o, 1, `9r STATE f ' BIRTH DATE
NAME !` a-�- rt?.
ADDRESS_MQ,Q )
ViVV
C I T Y�: b�t BIRTH. DATE�l%.
NAME
Ssit
ADDRESS.........._ . ........ . .............. ..
PHONE. . . . . . . . . . . .
CITY BIRTH DATE ..
NAM. . ..... .....
ADDRESS
PHONE
CITY STATE,_. BIRTH DATE.
4. Has the business enterprise, or any persdow'."ho.' e. name appears in this
application, ever been convicted of any crime?
If so, list the name, t . he arrest and conviction record of each person. (Attach
additional sheets. if necessary)
5. Does the business enterprise have an officer, director, partner, or sole proprietor
and individual, who. has a currently suw1ded business s license revoked by action of the
.V
City within the past five (5) Y,
If so, list.the individual(s):
7. What is 14 Cdtitious name under Which the business will be conducted (if
. .. ..... ...
kul'
8. Has this business ever been suspended, revoked or been the subject
suspension, revocation or violation of Local, .County or State Law?.
If so, explain:
9. How many wreckers does the Towing Agency:have in each class? (Referto
Exhibit 2 for Class description)
CLASS A �J, - 7:.. . CLASS 13._ n
CLASS A. (FLATBED) CLASS
CLASS B. 'I (FLATBED) CLASS D 1
NOTE: Attach copies of vehicle registration.
10. Has the Towing Agency ever filed for in -solvency, reorganization or bankruptcy
petition (Voluntary or involuhtary
If yes, explain:
11. List three (3) references:.
NAME: ADDRESS* TELEPHONE:
12. List any current or prior towing and vehicle storage contracts for g6vernmental
organizations:
X
1W_
Agency P
Address,
Contact':
Agency Name: .
Address;.
Contact's Name & Phone##
Agency Name.
Address:....:.........._
Contact's Name & Phone # _:........:......
Agency Name: .
x
Address --
Contact's
ress:,,
Contact's Name & Phone
13. List any current or prior towing: and vehicle storage contracts for private
companies
Agency Name;
Address:-
Contact's Name & Phone #
Agency Name.. �.��..,H.
Address:
Contact's Name & Phone #
�b-�E,
Agency Name,, ........ ..... . .... ........ ..... . ..... . ... . .... ..
Address:
Contact's Name& Phone.
Agenc'y Name:
Address:.......
Contact's Name & Phone
Agency Name:,. . . .. ......ti
... .. ... ...
Address:
Contact's Name & Phone 4
14, Have any of the owners listed in Item #3
ever had a contract terminated (either
as a primary OhIt,*actor or sub -contractor) forfailure.to comply, breach, or
default?, . . ......
If yes, please explair!:,,
15. How lrar has this Towing Agency been in the towing b6siness?
M How long has the owner(s) listed in Item 3, been in the towing business? (List by
name)
fb IS'
............
WA-
17. Are the payment office and storage facility located at the same
site?.
118. State the address of the payment office,..-,
�l xak'i�
19. Provide the address of the storage facility or facilities; indicate ' the approximate
square footage of the lot at each facility and specify the square footage available
,for inside storage:
20. Is the Towing Agency located entirely 'within the City of Miami
'
limits
21. For Category A services, List the Zone(s) you wish to be considered for towing
wrecker service.....If more than. one, list in order of priority.
22. How many employees will be assigned to this towing contract?
23. What are the q ualifl cations, e,xppriencq,, certification for towing and storage of the
... ... ....
&
24. Who will be supervising the work performed under this contract and what is that
NOTE: IN ORDERTO BE CONSIDERED FOR MORE THAN ONE ZONE, YOU MUST
ALSO HAVE THE ADDITIONAL REQUIRED WRECKERS.
THE APPLICANT COVENANTS AND AGREES AS FOLLOWS:
The undersigned, after being duly sworn, states that the information contained in this
application is true and correct to the best of his knowledge and belief, and in the event
there are any changes, alterations or additions to the information furnished in this
application, he/she shall so notify.in writing to the City of Miami Police Department, or its
successor in duties, within five (5) days from the date of said change, alteration or
addition.
Signature of A f #it'and Title
Print Naiveof Applicant
WITNESS:
Sworn to and ui crtt d before me this��
day of
My commission expires,'. -hi qr
Q ....
i�
ATTACHMENT Gil
LOM8, The Zones -covered in this RFQ are a defined below and per the
attached map of same,
ZONE I
North:
City limits
East,
To Biscayne Say, including west -end of bridge of 79
Street Causeway, prior to North Bay Village, .City
limits.
South:
North side of 54 Street
West:
City limits
ZONE 11
North,
South side of b4 Street
East:
To Biscayne Bay
South-
North side of 20th Street
West.,
City limits, including NW 36 Street strip to railroad'
tracks.
ZONE III
North;
South side of 226th Street
East-
To Biscayne Bay, including Biscayne Isle and San
Marco Isle
South
Miami River (including City Auto Pound)
West
To NW 27 Avenue
ZONE 101
North:
Miami River
East.
Miami River
.South.-
North side of SW 8 Street West of 17 Avenue & To
West Flag lerStreet East of -17 Avenue
West;
City limits, Including Tamiaml Canal Road
ZONE V North: South side of SW 8 Street West of 17 Avenue & To
West Flagler Street East of 17 Avenue
East: To Biscayne: Bay,, including Claughton Isle,
Rickenbacker Causeway to middle of second bridge,
and Virginia Key
South. To Biscayne Say, including Fair Isle to North Prospect
Drive.
West-, City limits
ATTACHMENT C (2),
9
.MUS SU9MITTED,.A,ITH YOUR PROPOSAL
AQ N E. ORDER OF PRIORITY
7ntJSZ I
ZONE III
ZONE IV
ZONE
REVENUE PROPOSAL. AMOUNT
NOTE. YOUMUST RANK AND BID ALLTIVE ZONES. BLANKS WftLBE CONSIDERED M
"NOT INTERESTED IN IM ZONE"
Name of Firm:
Authorized Signe
Print Name and'.']
i
w
ATTACHMENT D
Tow Truck / Wrecker
Definition & Equipment Requirements
A. Class "A" Wrecker:
1. Commercially manufactured unit with a xated. capacity of not less than 10.,000
pounds GVW. Cab to axle dimension of not less than 60 inches. Dual rear wheels.
2. Commercially manufactured boom with minimum capacity of 8,000 pounds.
3. Hydraulic winch(es) with a minimal winching capacity of'.8,000 pounds.
4. Onehu died (100) feet of 3/8 -inch steel core cable per winch.
5. Wheel lift with a retracted rating of not less than 3,500 pounds and an extended
rating of not less than 2,000 pounds.
6. Tow sling or tow bar with a safe lift rating of 3,500 pounds..
7. Two (2) 3/8 inch high-test safety chains.
8. Dolly equipped for each Tow Truck.
9. One•(1) motorcycle sling.
B. Class "A" Slide Back Car Carrier (also referred to as Flatbed.):
1. Commercially manufactured unit with a rated capacity of not less than 10,000
pounds
GVW.
2. Cab and axle dimension of not less than 102 ihcheg.
3. Dual rear wheels.
4. Seventeen (17) feet or longer hydraulically operated slide back or tilt bed.
5. Hydraulic winch (es) with a minimal capacity of 8,OQO pounds.
6. Sixty-five (65) feet of 3/8 inch steel core cable.
7. Two (2) tie down chains, each ten (10) feet in length,
8 o Dolly equipped for each Taw Truck,
9. Two (2) -safety chains. -
Class "B" Wrecker:
1. Cozntnercially manufactured unit, with a rated capacity of not less than 18,000
pounds GVW.
2. Cab to axle dimension of not less than 84 inches.
3. Commercially manufactulred boom (s) with a minimum total capacity of 16,000
pounds.
4. Winch(es) with amininnal winching capacity of 16,000 pounds.
5. Two Hundred (200) feet of %Z arch steel core cable per winch.
6. Under reach with a retracted rating of not less than 10,500 pounds and an extended
rating of not less than 8,500 pounds.
7.. Tow sling with:a safe lift rating of 8500 pounds.
8. Two (2) 5/16 -inch alloy safety chains.
9. Tow sling or tow bar equipped.
10.. Two (2) -Snatch blocks; minimum 800'0 pounds capacity each.
11. Two �2)--Scotch Blocks or Hydraulic Stiff Legs.
12. Brake lock -or Air brakes,
Class "B" Slide Baok Car Carrier: (also referred to as flatbed)
1. Commerciallymanufactured unit, with a rated capacity of not less than 20,000
pounds GVW.
2. Cab to axle dimension of not less than 138 inches.
3. Dual rear wheels.
4. Twenty one (21) feet or longer hydraulically operated slide back or tilt bed.
5. Hydraulically operated winch (es) with a minimum winching capacity of 8,000
pounds.
6. Sixty-flve�(65) feet of 3/8`inch steel core cable.
7. Two (2) tie down chains; each ten (I Cr). feet in length.
8. One. (1) snatch block, minimum 8,000 pound capacity.
9. Four-way lug wrench,
10, One (1) pair of jumper cables.
Class "C" WrcckQ :
1. Commercially manufactured unit, with a rated capacity ofnot less than 30,000
pounds
GVW.
2. Cab to bogey dimension of not less than 144 inches.
3. Commercially manufactured boom (s) with a -minimal total capacity of 50,000
pounds.
4, Winch (es) with a minimum total winching capacity. of 50,000 pounds,
5, Two .hundred (200) feet of 5/9 -inch steel core cable per winch.
6. 'Under reach with a retracted rating of not less than. 25,000 pounds -and an extended
rating of not less than 12,000 pounds.
7. Rear support j ticks .or outriggers.
8 < Two (2). �/2. inch .alloy safety charas.
9. Tow bar or tow sling equipped.
10.. External air hookup and hoses to -supply air to disable vehicles.
11. Two (2) -snatch blocks,, minimum 24,000 pound -capacity each.
12. Two (2) -scotch blocks or HydraulicStiff Legs.
13. 'Spring brake — Air B.mkes.
Class "D" Wreolcer:
1.Commercially' manufactured unit with a rated capacity of not less than 52;000 pounds
GVW.
2. Cab to bogey dimension of not less than 180 inches.
3. Commercially manufactured boom (s) with -a minimal total capacity of 70,000
pounds.
4.. Winch (es) with a minimal total winching capacity of 70,000 pounds.
5. Two hundred (200) feet of % inch steel core cable per winch.
6. Under reach with retracted rating of not less than. 45,000 pounds and an extended
rating
not less than 15,000 pounds.
77. Rear support jacks or outriggers.
8. Two (2)1/z inch alloy safety chains.
9. Tow bar or tow sling equipped.
10. External air hookup and hoses to supply air to. disabled vehicles.
11. Two (2) snatch blocks, minimal 24,000 -pounds.
12. Two (2) -scotch blocks -or Hydraulic Stiff legs,
13. Spring brake — Air brakes.
14.20# Fire Extinguisher
Additional Mandatory Equi-omont on all Wreckers:
The following requirements are the minimtun requirements, which must be satisfied with
respect to each piece of equipment, as. specified. Any Proposer whose -equipment fails to
meet the following requirements will have a period of ten (10) calendar days after the
inspection in which to correct deficiencies, If deficiencies are not corrected by the date of
the final inspection, Proposer shall be deemed disqualified and its response will be
rejected.
1. 50 pounds of white fine sand or medium, oil adsorbent clay or sand equivalent.
2. Heavy-duty push broom with a minimal width of 24 inches.
3. At least two (2) safety cones, or triangle reflectors.
4. -One (1) square shovel.
5. Extra towing chain — 6 to 8 feet with hooks.
6. One (1) crowbar or pry bar - 30" or longer.
7. Mnimum of one (1) fira extinguisher, minimum 5 pound CO2 or dry chemical,,
underwriter approved and with current inspection tag attached.
8'. One extension cord of sufficient length for use in displaying a light to the rear of
a towed vehicle when such vehicle is without capability of providing its own
lights..
9. Five (5) 3.0 — minutes fuses and .all clearance lamps head lamps, tail lights, and
flares
necessary to comply with the Florida Mate Statutes,
10. One (1) set of tools for opening locked vehicles,
11. Sufficient assortment of tools necess`ary.to change tires, drop drive shafts, unlock
doors, pt11.1 transmission pins or perform similar functions in preparation of
touring a vehicle. This should include A least one set of jumper cables,
12. A rotor beam or strobe light mounted on the wrecker so it can be seen when in
use from front, and rear and both sides. This shall reflect an amber light.
13. Two (2) Floodlights facing the rear on wrecker.
14. All tow truck drivers shall be equipped with a business type communication
radio, licensed and approved by the Federal Commuxaicatons Commission if
s:equired. The Communication system shall include a base station at the place of
} business. A. citizen's baud radio, does not meet the: requirements of this section.
City of lYzami Tawingsemoes AFQ 4$1345
Attachment E MIAMI POLICE TOW LOG
Wrecker Co.
Case Number
Date Location Towed RoadBlock
From
Stings Events Parades Zone calls
TM log must be turned in wtth monthly administrative payment Towing firms are to complete the Miami Poke Tow to& —a per wvrbasis Towing comp'ani es maputilizotlieir own. r og ifie reflects all.
dooluacctatiou contained willAntlte Maml Police Tow Log- Tn addition_ a separate log forth, tnwinv of dicnhled L'iiv-ovmeA vehielee mnvtt he nrenared n -i cnhi ifted monthly with eorresnondmg invoices to GSA1 Fleet
Magemant Divisim-
1
ATTACIDIENT.
NtL&M POLICE TOWING ADMINISTRATIVE FEE REMITTANCE REPORT
REPORT DATE:
To: City of Miami Police Department
Attn: Towing Detail
400 N.W. 2 A-vmno
Miami, Fl. 3.3128
The following administrative fee information is provided for the month & year of:
Finance Invoice No,
CURRENT MONTHLY REPORT
I\RTNMER OF VEHICLES TOWED
LESS: CITY POUND
LESS: CANCELLATIONS
LESS.: NO RECORD OF TOWS
TOTAL POLICE TOWS: @ $30,00 EACH)
PRIVATE PROPERTY TOWS- @ $30.00 EACH)
CHECK ENCLOSED No, dated
In the, amount of $
NOTE: DOCUMENTATION MUST BE PROVIDED FOR ALL DEDUCTIONS INCLUDINCx SHOWING 111ESPEWIC
CASE NUMBERS 'MT ARE CANCELLATIONS OR NO RECORD.
A.TTA.CI MENT G
CITY OF MIAMI TOW DETAILS
Section I- SERVICES:
Requasts 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) Fite, Rescue and Inspection Services:(" M")
(c) Department of General Services Administration & Fleet Management Division.(a4GSA/FLEEq"')
All requests generated by the SSRI and GSA/FLEET departments must be authorized by the chief and
director of the departments, or their authorized designees, Selected Proposer, however, shall have'the.
right to assume upon receipt of the requests, that the same has been authorized as herein, provided,
e HOLIDAYS:
The selected Proposer's will be allowed to close on the following holidays only:
January 1— New Year's Day
( July 4 Independence Day
F Thanl<sbiving Day
} December 25 -Christmas Day
SECTION II- SELECTED PROPOSER ISSUES:
The Contract Administrator will evaluate and resolve -any controversy or claim arising out of/or related to
this Agreement. Selected Proposer's may appeal Contract Administrator's findings, in writing, to the City
Manager for further review or Sinal Decision.
SECTION Ilii- PERF ORMANCE STANDARDS:
Selected Proposer's must adhere to performance procedures and standards -as follows:
(1),Must maintain personnel to operate towing equipment and storage faoilities 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. FM & GSA/FLEET)
(2) 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�fourr (24) hours a day, seven (7) days a week at the request of a Miami Police Department
shift commander for emergency purposes only.
(3) Shall proceed to the scene immediately after receiving the correct address from the person making the
request by telephone or radio; Thirty (3'0) minutes is the maximum allowable response time, however,
considerations may be given to traffic conditions and peak hour traffic (peak hours -are from 7:00 AM to
9:00 ,AM and 4:00 PM to 6:00 PM) which could result in delays. Should Selected Proposer antioipate
delay beyond thu-ty (3'0) minutes due to traffic, conditions, selected Proposer:shall advise the source.of the
request of the estimated time of arrival.
(4) Repeated and timia8tifled failure of a selected Proposer to respond within thirty (30) minutes from
j receipt of request may be deemed to be a demonstrated unwillingness or inability to provide the
contracted: service.
r
(5)- Personnel operating tow trucks shall be qualified and experienced in handling equipment safely on the
scene, and in -going to and fromthe scene. Each employee shall have in his possession a City of Miami.
Identification Gard, 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 Driver's License, according to the type
of vehicle they are operating,
(6) Shall comply with all applicable state, county and city regulations and ordinances at all times,
(7) Shall impound any vehicle or item at the request of the Miami Police. Department. The selected
Proposer shall abide by the decision of the police officer at the scene.
(8) Shall not use rotating beacons when proceeding to a call unless authorized by the police dispatcher'.
(9) 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.
.(1'0) Shall not remove vehicles involved in accidents prior to the arrival of a police unit, and only with the
permission of the assigned polioo unit.
(11) 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
rerrroved by selected Proposer and shall not, in any•oase, be left at curbside. Selected Proposer's shall be
directed in this task by the police unit assigned the .call,
(12) Shall use equipment.of a type, which shall not damage City vehicles towed, and whenever possible
shall be towed on a flat bed.
(13) 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.
(14) Shall not mare any repairs to any towed vehicle without the express consent of the owner of the
vehicle,
(15) Shall notify the registered owner or agent of the location of their vehicle within seventy-two (7 2)
hours of impoundment by certified mail.
(16) Selected Proposer'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 recluired by law and this agreement,
records of payment by customers, records of payment to City, and Driver License Motor Vehicle reports
on all tow taick operators. This file must be kept carrent and available for inspection by City at all times.
(17) Shall remain. equipped and shall comply with all requirements set forth in the RFP throughout the
entire term. of this. Agreement,
(18) Office and storage area must remain at the location stated by the agency when this contract Was
awarded, turless 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) 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..
(2.0) Shall invoice the City immediately after a :tow has been performed and shall include copies of the
individual tow slips, elate, time, location to. and. from, vehicle number, tow truck driver's name and
signature, receiving City employee's signature and any other information.
(21) The Police Wrecker Detail shall be advised of any vehicles with hold orders that axe stored at the
towing companies impmuid 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.
(22) Once the selected Proposer has been notified that they are not in compliance with the towing
contract, they have ten .(1.0) days to bring their company into compliance.
SECTION IV- CANCELLATION OF TOWING SERVICE:
City reserves the right to oancel a service -.request to the selected Proposer at any timo up to time of
Hookup -without charge. Such cancellation shall bemadc by the: same source that generates the request.
i 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 Selected proposer shall have
the right to charge for this service an amount not exceeding one-half the regular towing rata, according to
the class of tow. In the event the owner could drive his/her automobile, and the only service needed from
the Selected Proposer 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 far these
services.
•SECTION V- ZONE DOUNDARIE S:
Selected Proposer 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 a seven (7) day suspension for every unauthorized call that is run and shallbe given
to the company who lost the tow. Additionally, if the Selected Proposer is off for that day and will not
i receive any towing requests, they shall advise the City to notify the replacement Selected Proposer. If a
E 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 Selected Proposer reporting area,
'SECTION VI- TOW TRUCK DRPV ER SOLICITATION;
Drivers aro prohibited from stopping:at accident -scones and soliciting the public. If it is verified that a
driver has soliclted a call outside of their assigned Zone the company will be penalized in accordance
with Section V. If the selected Proposer elects to continue to employ the driver, any subsequent violations
by the same driver shalt result in a double penalty in accordance with Section V.
SECTION VII- EMPLOYEES 'OF S.ELECYED PROPOSER.:
All persons employed by the Selected Proposer (including principals, agents, and employees) are required
to be fingerprinted and photographed, and shall receive identification cards issued by the City of Miami:,
which mint be renewed annually. Each. Selected Proposer shall supply to 'City a list of its personnel prior
to being eligible for request for service. The Selected Proposer shall immediately give notice to the City
of any charge 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, Selected Proposer 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 will based on Florida Statue (Seo 3.3-122.1) Compact -Size parking stalls: (7.5'X15')=
112,5 Sq. Outside storage should be a total of approximately 11.,000 Square feet.
The property on which the office or storage facility is located shall be, unencumbered by any taxlien
which may place the property in jeopardy (Le., sale by.government to satisfy tax, lien) Proposer shalt
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. The Qualification
Committee, or member(s) thereof, may conduct a site -visit to Proposer's facility tor verify compliance
with this requirement.
All selected Proposer's storage areas must conform to all existing and City.of Miami zoning requirements.
All impounding vehicles and towing vehicles and equipment at selected Proposers storage site shall be
kept within the confines of the facility and not upon the public streets, sidewalks, or public property, with
the exception of loading and unloading of vehicles,
At City's sole discretion, selected Proposer may be directed to tow a vebicle to a City storage facility,
Selected Proposer 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,
Selected Proposers 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 lass than 12 inches in height. Turing normal business hogs, the owner of a stored vehicle or
designated representative shall be allowed to view vehicle after providing proper documentation of
ownership -or representation, Vehicle:own'ers 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 selected Proposer.
Selected Proposer shall not charge any storage and/or administrative fee ;For en 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 bo reloased if a citizen provides "Proper Documents" necessary for the
release of a vehicle, "Proper Documents" are deflned 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,
Selected Proposer's 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. Selected
Proposer 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
i Department. Upon arrival ofa vehicle at the storage facility, the storage facility personnel shall verify
the inventory of contents of the vehicle as listed on the- Ve'nicle Storage Receipt and/or Towing Report.
i Discrepancies shall be reported immediately to thc. Miami Police Complaint Center, and the Police
Wrecker Detail.
SECTION I.X. - INSPECTION OF FACILITIES AND/OR EQUIPMENT:
j 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. Selected
Proposer's facilities and trucks will be inspected a minimum of once a year by the Towing Detail Staff,
SECTION X - COMPLAINTS AGAINST TOWING AGENCIES:
In the event a complaint by a member of the public is filed against any selected Proposer, the department
receivingthe complaint shall notify the Wrecker Detail, who shall thea notify the Selected Proposer. If
the complaint is in written form, a copy shall be furnished to the selected Proposer upon request, at no
cost, A written reply to the complaint must be forwarded by selected Proposer to the Wrecicer Detail of
the Miami Police Department, within five (5) working -days aftex its reccipt. The complaint maybe
evaluated by the City Manager to determine if it should be the basis of suspension or termination. Files
shall be kept by the City Manager about selected Proposer's. complaints,.
SECTION XI - COMPLAINTS FROM TOWING AGENCIES:
Any complaints from. selected Proposer's concen: ing city employees shall be forwarded to the Wrecker
Detail of the Miami Police Department for investigation, and a written reply sliall be made to selected
Proposer within faneen (15) worlung.clays ofreceipt.by the Wrecker Detail.
SECTION XII - COLLECTION AND PAYMENT
All payments due to the selected Proposer's. shall be made by vehicle ownor'or his/her designee, upon
receipt of -itemized bills for services rendered. The City shall have no liability whatsoeverfor payment to
s elected. Proposer. When presented. with proper identification, selected Proposer shall accept payment for
charges from the vehicle owner or authorized repxesentative in any of at least two ofthe three following
form's:
(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 selected Proposer operating hider this Agreement only in
the oase of a standby charge for special• events, special processing, or when specifically approved by the
Chief of Police, the Director of General aervice.Administration, or the Eire, Rescue and Inspection
Services Chief. Selected Proposer 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 selected Proposer that the payments due to. City from.
selected Proposer shall be payable to City no later than the 20th day of the month, for all vehicles towed
and paid for during the itomediately preceding month, Additionally, selected Proposer 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 cer0cate of
destruction or title shall be, provided,
SECTION XUI - ETHICS AND CONDUCT:
Selected Proposer -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) Selected Proposer shall be responsible for ensuring that all of the operational personnel shall be of
previous and continuous good moral character.
(3) Selected Proposer's operators shall neither solicit not induce drivers or owners to patronize particular
garages,.body shops, or mcchanim, The rebate or payment of money or any other valuable consideration
to .S olocted Proposer personnel from a garage, body shop, or mechanic is strictly prohibited and shall
constitute •grotlndsfox the itntnediate revocation ofthis Agreemont.
(4) Giving gratuities to any employee of the City is prohibited and any violation hereof by selected
Proposer shall, constitute grounds for the immediate revocation of this Agreement.
SECTION XIV - SU'MMIONPROCEDURES:
(1) 'Selected Proposer may be suspended for any violation ofthe provisions ofthis Agreement, which, in
the: sole discretion of the Contract Administrator or City Manager, has given cause for such suspension, as
follows:
(a) Fixst Violation up to seven () days.
(b) 'Second Violation up to fourteen'(14) days.
i•
(2) Should a third violation occur, upon recommendation of the City of Miami Police Towing Detail; the
City Manager may terminate this agreement.
(3) By accepting a Zone, selected Proposer 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.