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HomeMy Public PortalAbout09-7923 Towing Sponsored by: City Manager RESOLUTION NO. 09-7923 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, ACCEPTING THE PROPOSALS FROM MIDTOWN TOWING, INC., KAUFF'S OF MIAMI,INC.,AND SEAY TOWING,INC. IN RESPONSE TO RFP NO. 09-0814 FOR TOWING AND STORAGE OF VEHICLES; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AGREEMENTS WITH MIDTOWN TOWING,INC.,KAUFF'S OF MIAMI,INC.,AND SEAY TOWING,INC. FOR TOWING AND STORAGE OF VEHICLES FOR THE CITY OF OPA- LOCKA,FLORIDA,IN A CONTRACT FORM ACCEPTABLE TO THE CITY ATTORNEY WHEREAS, the City of Opa-locka ("City") is in need of vendors to perform towing and storage of vehicles, including towing, storage and disposal of abandoned, unregistered and junked vehicles, trailers and boats at the request of the City's Police Department and Code Enforcement Department; and WHEREAS, the City Commission adopted Resolution 09-7902, authorizing the City Manager to issue a Request for Proposals(RFP)for Towing and Storage of Vehicles(RFP No. 09- 0814); and WHEREAS,RFP No. 09-0814 requested proposals from qualified firms to perform towing and storage of vehicles for the City; and WHEREAS, the RFP review committee evaluated the proposals submitted to the City in response to RFP No. 09-0814 and selected Midtown Towing,Inc.,Kauff s of Miami,Inc.and Seay Towing, Inc., as the most responsive proposals for towing and storage of vehicles; and WHEREAS, the City Manager is recommending that the City Commission accept the proposals from Midtown Towing, Inc., Kauffs of Miami, Inc. and Seay Towing, Inc., and further Resolution No. 0 9—7 9 2 3 authorize the City Manager to enter into and execute agreements with the aforementioned firms for performing towing and storage of vehicles for the City, in a contract form acceptable to the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby accepts the proposals submitted by Midtown Towing, Inc., Kauff s of Miami, Inc. and Seay Towing,Inc., in response to RFP No. 09-0814 for towing and storage of vehicles. Section 3. The City Commission of the City of Opa-locka hereby authorizes the City Manager to enter into and execute agreements with Midtown Towing,Inc.,Kauff s of Miami, Inc. and Seay Towing,Inc.,for performing towing and storage of vehicles for the City,in a contract form acceptable to the City Attorney. Section 4. The City Manager is further authorized to take all necessary and expedient action to effectuate the intent of this Resolution. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 2 3 day of SEPTEMBER, 2009. errs S ' H L. ELLEY MAYO ' Resolution No. 0 9—7 9 2 3 Attest: Approved as to form and legal sufficiency: I e.orah S. • _.. Burnadette No '--Weeks City Clerk City Attorney Moved by: JOHNSON Seconded by: TAYLOR Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: YES Mayor Kelley: YES v+ icie, f gtr ," 914:« q 4lp4ilePT�' - Memorandum TO: Mayor Joseph Kelley Vice-Mayor Myra L. Taylor Commissioner Doro 'y Johnson Commissioner othy Holmes Commissioner ''ose Tydus FROM: Bryan K. Finnie p'erim City Manager DATE: Septemb• ,2009 RE: TO 'G AND STORAGE OF VEHICLES RFP#09-0814 Request: RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FL AUTHORIZING THE CITY MANAGER TO APPROVE MIDTOWN TOWING, KAUFF'S TOWING AND SEAY TOWING AS THE MOST RESPONSIVE AND RESPONSIBLE PROPOSERS TO PROVIDE TOWING AND STORAGE OF VEHICLES SERVICES FOR THE CITY ON A QUARTERLY ROTATION FOR SERVICE. Description: This towing service would allow towing and storage of vehicles services that are needed by the City's Police and Code Enforcement Departments. Financial Impact: This is a revenue source for the City. Implementation Timeline: 30 days from execution of contract. Legislative History: The City does not have a contract with the present service provider. Recommendation(s): Staff recommends approval. Analysis: RFP 09-00814 seeks to have one or more Company(ies) to provide towing and storage of vehicles, plus towing, storage and disposal of abandoned, unregistered and junked vehicles, trailers and boats or for any other reason that arises from the streets or other areas within the City at the request of the City's Police Department and/or Code Enforcement Department(s). Three (3) companies were selected from the seven (7) that submitted proposals to provide this service on a quarterly rotating basis. They are Midtown Towing of Miami, Inc.; Kauff's of Miami, Inc.; and Seay Towing, Inc. Attachments: 1. Copy of RFP#09-0814 2. Vendor Summary Score Sheet PREPARED BY: Ezekiel Orji, PhD **CITY COMMISSION RECEIVE]) COPIES OF A PROPOSALS ON 08/21/2009** CITY OF OPA-LOCKA CERTIFICATION OF PROPOSALS RECEIVED REQUEST FOR PROPOSALS (RFP)NO. 09-0820 TOWING AND STORAGE OF VEHICLES I,Deborah S.Irby,City Clerk of the City of Opa-locka,Florida,do hereby certify that according to the provisions of Sec.2-320.1 of the City's Code of Ordinances,sealed proposals were opened at the Office of the City Clerk, 780 Fisherman Street, 4th floor, Opa-locka, Florida, at 2:05 p.m. this 20th day of August,2009. PROPOSALS RECEIVED Name of Company Midtown Towing of Miami,Inc. 551 NW 72 Street Miami,FL 33150 Contact:Lauraine Lichtman,President Tele:(305)754-1450 Fax:(305)758-4070 Email: midtowninc @bellsouth.net Southwest Transport Inc. d/b/a Southland,The Towing Company 3870 Shipping Ave Miami,FL 33146 Contact:Peter F.Hernandez,President Tele: (305)448-1776 Fax: (305)443-2210 Seay Towing,Inc. 15699 West Dixie Highway N.Miami Beach,FL 33162 Contact:Al Coletta,President Tele:(305)947-1100 Fax: (305)947-2416 Email: seaytowing @aol.com Kauffs of Miami,Inc. 2435 Ali-baba Ave Opa-locka,FL 33054 Contact:Erich Bundy Tele: 305-685-7593 Silent Solutions,Inc. 2373 NW 149th Street Opa-locka,FL 33054 Contact:Manny Diaz Tele:(305)681-3804/Cell: (305)283-5769 Fax:(305)681-3806 Downtown Towing 2418 N.Miami Avenue Miami,FL 33127 Contact:Ryan Del Rosal Tele:(305)335-2640 Boulevard Towing&Recovery, Inc. 2380 NW 147 Street Opa-locka,FL 33056 Contact:Eddie J.Lopez Tele: (305)365-5227/(305)685-8775/Fax: (305)685-8776 E-mail: boulevardtowingrecovery yahoo.com 4 urther certify that sealed proposal(s)submitted were properly opened in my presence and a o the lowing: Ilk n . ..• •"4------- _..4 A — ....z._ ,..*:... • I' Ars- CITY CLERK 1 EVALUATION FORM TOWING AND STORAGE OF VEHICLES RFP NO 09-0820 MIDTOWN S W SEAY KAUFF SILENT DOWNTOWN BLVD FINANCE DERRICK 17 11 12 17 11 15 15 SHIRLEY 17 12 16 17 15 14 14 TONY 17 16 15 17 11 11 8 EQUIPMENT DERRICK 20 15 12 20 10 18 18 SHIRLEY 19 13 17 20 16 16 16 TONY 17 12 16 20 11 11 11 GUARANTEE DERRICK 20 11 14 20 11 15 19 SHIRLEY 18 12 16 17 14 14 14 TONY 20 8 17 20 8 8 1 CITY COST DERRICK 15 4 5 9 5 7 9 SHIRLEY 15 10 10 14 8 8 8 TONY - - - - - - - TOWING COST DERRICK 11 4 7 9 5 9 9 SHIRLEY 15 7 11 14 8 9 8 TONY 14 15 15 14 9 9 0 REFERENCE DERRICK 5 2 5 5 3 3 5 SHIRLEY - - - - - - - TONY 5 3 5 5 2 3 5 CITY LIMIT DERRICK 3 2 3 5 5 2 5 SHIRLEY 3 4 3 5 5 4 5 TONY 3 1 3 5 5 3 5 TOTAL 254 162 202 253 162 179 175 Sponsored by: City Manager RESOLUTION NO. 0 9-7 9 0 2 A RESOLUTION OF THE CITY COMMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE TOWING AND STORAGE OF VEHICLES WHEREAS, the City of Opa-locka("City") is in need of a vendor to perform towing and storage of vehicles, including towing, storage and disposal of abandoned, unregistered and junked vehicles, trailers and boats at the request of the City's Police Department and Code Enforcement Department; and WHEREAS, issuance of a Request for Proposals (RFP) would allow the City to consider proposals from vendors for the towing and storage of vehicles; and WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City Manager to create and issue an RFP for the towing and storage of vehicles. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to issue a Request for Proposals (RFP) for the towing and storage of vehicles within the City of Opa-locka. Section 3. The City Manager is further authorized to take all necessary and expedient action to effectuate the intent of this Resolution. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 22 day of JUT,y , 2009. Resolution No. 0 9_7 9 fl 2 nr .'-_ ', PH L. KE' L MAYOR Attest: Approved as to form and legal sufficiency: / Deborah S. Irby Biirnade•e No is-Weeks City Clerk Ci- -ttorney Moved by: JOHNSON Seconded by: TAYLOR Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: NOT PRESENT Vice-Mayor Taylor: YES ` , Mayor Kelley: YES CITY OF OPA-LOCKA oQa-�ookq P. • (0 ti Zo N9 o RpR 'tEO RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *CITY OF OPA-LOCKA*780 FISHERMAN STREET*OPA-LOCKA*FLORIDA*33054* RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 1 LOc oP F._..__ Kq o4 z '`fo CITY OF OPA-LOCKA 9\ IN ` 0 TOWING AND STORAGE OF VEHICLES %A"Ogaif-° RFP NO: 09-0814 TABLE OF CONTENTS Subject Page Number Cover 1 Table of Contents 2 Advertisement 3 Part I - Proposal Guidelines 4 Part II - Nature of Services Required 8 Part III -Proposal Requirements 24 Part IV- Evaluation of Proposals 26 Proposer Qualifications 28 Debarment, Suspension Certification 29 Drug-Free Certification 31 RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 2 �€__ , `9 CITY OF OPA-LOCKA a ",.0 p,-EO,° Advertisement for Request for Proposals RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES Proposals for TOWING AND STORAGE OF VEHICLES will be received by the City of Opa- Locka at the Office of the City Clerk, 780 Fisherman Street, 4th Floor, Opa-Locka, Florida 33054, FRIDAY-AUGUST 14, 2009. Any proposals received after the designated closing time will be returned unopened. The purpose of this Request for Proposal is to seek assistance of a qualified professional to provide TOWING AND STORAGE OF VEHICLES to the City of Opa-Locka. An original and five (5) copies of the proposal shall be submitted in sealed envelopes/packages addressed to Deborah S. Irby, City Clerk, City of Opa-Locka, Florida, and marked "RFP NO: 09-0814—TOWING AND STORAGE OF VEHICLES." Proposers desiring information for use in preparing proposals may obtain a set of such documents from the Clerk's Office, 780 Fisherman Street, 4th Floor, Opa-Locka, Florida 33054, Telephone (305) 953-2800 or copies of the RFP NO: 09-0814 requirements may also be obtained by visiting the City's website at www.opalockafl.gov, (click "RFP/BIDS" located on the right hand side of the screen and follow the instructions). The City reserves the right to accept or reject any and all proposals and to waive any technicalities or irregularities therein. The City further reserves the right to award the contract to that proposer whose proposal best complies with the RFP NO: 09-0814 requirements. Proposers may not withdraw their proposal for a period of ninety (90) days from the date set for the opening thereof. Deborah S. Irby Deborah S. Irby City Clerk Dated: Published: The Miami Herald RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 3 CITY OF OPA-LOCKA RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES PART I PROPOSAL GUIDELINES 1-1. Introduction: The City of Opa Locka, Florida is seeking one or more Company(s) to provide towing and storage of vehicles plus towing, storage and disposal of abandoned, unregistered and junked vehicles, trailers and boats at the request of the City's Police Department and/or Code Enforcement Department as defined herein. This contract is an exclusive contract. The City reserves the right to award to a primary and secondary Company or award to two (2) Companies for rotation towing services on a monthly basis. 1-2. Proposal Submission and Withdrawal: The City must receive all proposals in a sealed envelope by 2:00 P.M. on FRIDAY, AUGUST 14, 2009. The proposals shall be submitted at the following address: CITY OF OPA-LOCKA Office of the City Clerk 780 Fisherman Street, 4th Floor Opa-Locka, Florida 33054 To facilitate processing, please clearly mark the outside of the proposal package as follows: RFP NO: 09-0814— TOWING AND STORAGE OF VEHICLES. This package shall also include the Proposer's return address. Proposers may withdraw their proposals by notifying the City in writing at any time prior to the deadline for proposal submittal. After the deadline, the proposal will constitute an irrevocable offer, for a period of 90 days. Once opened, proposals become a record of the CITY and will not be returned to the Proposer. The City cautions proposers to assure actual delivery of mailed or hand-delivered proposals directly to the City Clerk's Office at 780 Fisherman Street, 4th Floor, Opa-Locka, Florida 33054 prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (305) 953-2800 before proposal closing time. Any proposal received after the established deadline will not be considered and will be returned unopened to the Proposer(s). 1-3. Number of Copies: Proposers shall submit an original and five (5) copies of the proposal in a sealed, opaque package marked as noted above. The Proposer will be responsible for timely delivery, whether by personal delivery, US Mail or any other delivery medium. RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 4 1-4. Development Costs: Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this Request for Proposal. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 1-5. Inquiries: Interested Proposers may contact the City's Purchasing Officer regarding questions about the proposal by telephone at (305) 953-2868 x1307 or by facsimile at (305) 953-2900. The City Clerk will receive written requests for clarification concerning the meaning or interpretations of the RFP, until eight (8) days prior to the submittal date. City personnel are authorized only to direct the attention of prospective Proposers to various portions of the RFP NO: 09-0814 so that they may read and interpret such for themselves. No employee of the City is authorized to interpret any portion of this RFP NO: 09-0814 or give information as to the requirements of the RFP NO: 09-0814 in addition to what is contained in the written RFP NO: 09-0814 document. 1-6. Addendum: The City may record its response to inquiries and any supplemental instructions in the form of written addenda. The CITY may mail written addenda up to seven (7) calendar days before the date fixed for receiving the proposals. Proposers shall contact the City to ascertain whether any addenda have been issued. Failure to do so could result in an unresponsive proposal. Any oral explanation given before the RFP NO: 09-0814 opening will not be binding. All Proposers are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the City's Purchasing Agent through written communication prior to the opening of the proposals. 1-7. Contract Awards: The City anticipates entering into an Agreement with the Proposer who submits the proposal judged by the City to be most advantageous. The Proposer understands that this RFP NO: 09-0814 does not constitute an offer or an Agreement with the Proposer. An offer or Agreement shall not be deemed to exist and is not binding until proposals are reviewed, accepted by appointed staff, the best proposal has been identified, approved by the appropriate level of authority within the City and executed by all parties. The City reserves the right to reject all proposals, to abandon the project and/or to solicit and re-advertise for other proposals. 1-8. Contractual Agreement: This RFP NO: 09-0814 shall be included and incorporated in the final award. The order of contractual precedence will be the Contract or Agreement document, original Terms and Conditions, and Proposer response. Any and all legal action necessary to enforce the award will be held in Miami-Dade County and the contractual obligations will be interpreted according to the laws of Florida. Any additional contract or agreement requested for consideration by the Proposer must be attached and enclosed as part of the proposal. RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 5 1-9. Selection Process: The proposals will be evaluated and assigned points. The firm with the highest number of points will be ranked first; however, nothing herein will prevent the City from assigning work to any firm deemed responsive and responsible. The City reserves the right to further negotiate any proposal, including price, with the highest rated Proposer. If an agreement cannot be reached with the highest rated Proposer, the City reserves the right to negotiate and recommend award to the next highest Proposer or subsequent Proposers until an agreement is reached. 1-10. Public Records: Upon award recommendation or ten (10) days after opening, whichever occurs first, proposals become "public records" and shall be subject to public disclosure consistent with Chapter 119 Florida Statutes. Proposers must invoke the exemptions to disclosure provided by law in the response to the RFP, and must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. Document files may be examined, during normal working hours. 1-11. News Releases: The Proposer shall obtain the prior approval of the City Manager's Office of all news releases or other publicity pertaining to this RFP NO: 09-0814 or the service, study or project to which it relates. 1-12. Insurance: The awarded Proposer(s) shall maintain insurance coverage reflecting at least the minimum amounts and conditions specified herein. In the event the Proposer is a governmental entity or a self-insured organization, different insurance requirements may apply. Misrepresentation of any material fact, whether intentional or not, regarding the Proposers' insurance coverage, policies or capabilities may be grounds for rejection of the proposal and rescission of any ensuing Agreement. 1. Evidence of General Liability coverage with limits not less than $1,000,000 per Occurrence/ $2,000,000 Aggregate (Including Policy Number and Policy Period); 2. Evidence of Auto Liability coverage with limits not less than $1,000,000 per Occurrence/$1,000,000 Aggregate (Including Policy Number and Policy Period); 3. Evidence of Workers' Compensation coverage with statutory limits and Employer's Liability coverage with limits not less than $100,000 (Including Policy Number and Policy Period); 4.The City listed as an additional insured (this may be specifically limited to the specific job(s) the contractor will be performing); 5. Minimum 30-day written notice of cancellation. 1-13. Licenses: Proposers, both corporate and individual, must be fully licensed and certified in the State of Florida at the time of RFP NO: 09-0814 submittal. The proposal of any Proposer who is not fully licensed and certified shall be rejected. RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 6 1-14. Public Entity Crimes: Award will not be made to any person or affiliate identified on the Department of Management Services' "Convicted Vendor List". This list is defined as consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty of a public entity crime. No public entity shall award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017 Florida Statutes for Category Two (currently $25,000) with any person or affiliated on the "Convicted Vendor List" for a period of thirty-six (36) months from the date that person or affiliate was placed on the "Convicted Vendor List" unless that person or affiliate has been removed from the list. By signing and submitting the RFP NO: 09-0814 proposal forms, Proposer attests that they have not been placed on the "Convicted Vendor List". 1-15. Code Of Ethics: If any Proposer violates or is a party to a violation of the code of ethics of the City of Opa-Locka or the State of Florida with respect to this proposal, such Proposer may be disqualified from performing the work described in this proposal or from furnishing the goods or services for which the proposal is submitted and shall be further disqualified from submitting any future proposals for work, goods or services for the City of Opa-Locka. 1-16. Drug-Free Workplace: Preference shall be given to businesses with Drug-Free Work Place (DFW) programs. Whenever two or more proposals which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a proposal received from a business that completes the attached DFW form certifying that it is a DFW shall be given preference in the award process. 1-17. Permits and Taxes: The Proposer shall procure all permits, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. 1-18. Protests: Protests of the plans, specifications, and other requirements of the request for proposal and/or bids must be received in writing by the City Clerk's Office at lease ten (10) working days prior to the scheduled proposal opening. A detailed explanation of the reason for the protest must be included. Protests of the award or intended award of the contract must be in writing and received in the City Clerk's Office within seven (7) working days of the notice of award. A detailed explanation of the protest must be included. 1-19. Termination for Convenience: A contract may be terminated in whole or in part by the City at any time and for any reason in accordance with this clause whenever the City shall determine that such termination is in the best interest of the City. Any such termination shall be effected by the delivery to the contractor at least five (5) working days before the effective date of a Notice of Termination specifying the extent to which performance shall be terminated and the date upon which termination becomes effective. An equitable adjustment in the contract price shall be made for the completed service, but no amount shall be allowed for anticipated profit on unperformed services. RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 7 PART II NATURE OF SERVICES REQUIRED SCOPE OF SERVICES 2.0 INTRODUCTION The City of Opa-Locka, Florida desires to secure one or more Company(s) to provide towing and storage of vehicles, plus towing, storage and disposal of abandoned, unregistered and junked vehicles, trailers and boats at the request of the City's Police Department and/or Code Enforcement Department as defined herein. This contract is not an exclusive contract. The City reserves the right to award to a primary and secondary Company or award to two (2) Companies for rotation towing services on a monthly basis. This contract will be for two (2) years beginning . The City of Opa-Locka reserves the right to exercise the option to renew for one year periods not to exceed five years. Contract renewal shall be the City's prerogative; not a right of the contractor and will be exercised based on satisfactory performance and determination that the contract is in the best interest of the City. It is the City's intent to have the successful Company(s) perform an initial City wide towing of all abandoned, unregistered and junked vehicles, trailers and boats to be completed within thirty (30) calendar days after notice to proceed. If the City awards the contract to two Companies the initial City wide towing will be divided. The division will be All companies shall be qualified pursuant to law. The selected company(s) must be currently licensed in the State of Florida with a record of performance and operation within Miami-Dade County for a three year period of time immediately preceding this RFP. The selected company(s) must have and maintain for the duration of the contract a current and valid City of Opa-Locka towing permit. All aspects of this contract will be governed by all applicable local, state and federal laws and regulations applying to the towing, storage, salvage and disposal of abandoned, unregistered and junked vehicles. 2.1 BACKGROUND The City of Opa-Locka was incorporated in 1926. The City has approximately 15,000 residents. 2.3 GENERAL REQUIREMENTS Requirements presented in this section will apply to all sections of the RFP NO: 09-0814 except where exclusions are stated within a specific subsection. In such a case, exclusions will apply only to the subsection in which they appear and will take precedence over General Requirements. Such exclusions will apply only to the provision (sub-heading) under which they appear. Unless specific exclusions are given, General Requirements will apply for all provisions stated herein. RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 8 The successful Company(s) shall be qualified for the removal, storage and/or disposal and salvage of vehicles, junk vehicles, abandoned vehicles, trailers and boats or for any other reason that arises from the streets or other areas within the City, or from other locations as directed by the.Police Department and/or Code Enforcement Department. Disposal of vehicles shall be in accordance with all applicable Environmental, Federal, State and local laws, regulations, statutes and ordinances. Storage of vehicles shall be in accordance with all Department of Motor Vehicles rules and regulations as outlined in the Florida Statutes, regarding storage or impound of vehicles and/or an abandoned vehicle on any street, highway, public or private property. 2.4 STORAGE FACILITIES and OWNER NOTIFICATION A. The Company must have a facility located within fifteen (15) miles of the municipal boundaries of The City of Opa-Locka and must be located in Miami-Dade County. B. The Company shall have outside storage capacity for a minimum of 100 vehicles, properly spaced to provide access for removal or addition of vehicles. Must have a durable surface, Properly drained to prevent standing water, and enclosed. Shrubbery, trees and lawns shall be maintained and junk tires and auto parts shall not be stored. C. The Company shall have inside storage capacity for a minimum of seven (7) vehicles dedicated to The City of Opa-Locka and shall be properly spaced to provide access for removal or addition of vehicles. Shall have paved floor, i.e. concrete or asphalt, in a condition acceptable by the Inspection Team/Evaluation Committee, free of dirt, standing water, vegetation and/or articles inappropriate to or inconsistent with the operation of a towing service. It shall have a working area of 12'x12' per vehicle, with at least an 8' ceiling. Storage area shall have an outside window or ventilation system, and lighting sufficient to permit processing of vehicles. It must be located within the property of the Company's towing facility. Said structure shall provide complete protection from weather and unauthorized entry. Company shall have at least one bay with a lift capable of hoisting a vehicle six feet (6') off the floor with a ceiling height to accommodate the same. D. All storage facilities shall be secured from unauthorized entry at all times. Inside storage facilities shall be open to The City of Opa-Locka Police Department for technical processing. E. The Company will be responsible for storage of such vehicles for the period prescribed by law, to keep them safe from damage, theft and property loss for this period. F. Company shall be responsible for all thefts and damage to stored vehicles occurring while the vehicle is in its possession. G. The Company shall have office facilities which shall be a permanent structure (no temporary trailers, mobile homes etc.) and which shall include but not limited to telephone, facsimile, e-mail, telephone and rest room facilities and work space (i.e. desk). Physical plant shall have name and mailing address on front of building. Plant shall be separate from any other business or enterprises. TWENTY-FOUR HOUR SERVICE FOR RELEASE OF TOWED VEHICLES SHALL BE AVAILABLE. RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 9 H. The office and storage areas shall be easily accessible to the general public. I. Vehicles designated for outside storage shall be charged at the outside storage rate. If Contractor prefers to use inside storage, he shall not charge a higher rate than the outside storage rate. If inside storage is felt necessary by the Contractor, approval must be given by the impounding Officer or his/her supervisor. 2.5 EQUIPMENT REQUIREMENTS The qualified Company shall provide and maintain and have available at all times a minimum of four(4) Class A wreckers and slide back carriers, (4 combined); one Class B wrecker; and one Class C wrecker. All vehicles must be owned or directly leased by the Company. A rental agreement of Class B or C wrecker when the Class B or C wrecker is required does not meet the qualifications of this proposal. All equipment shall be maintained in a state of readiness for response and be for the sole use of the Company. A. CLASS "A" WRECKER: *Commercially manufactured, 15,000 GVW minimum rated capacity *Commercially manufactured, single boom or hydraulic lift with 4 tons minimum capacity * 8,000 lb. crane power driven winch w/ 100' 3/8" steel core cable *Universal tow sling with safety chains or wheel lifts *One 3-ton snatch block *Dolly equipped, 2000 lb. capacity *Proper safety lights - Amber L.E.D., strobe, or rotating exterior mounted lights - 2 rear flood lights *Slings and protective devices to prevent damage to towed vehicle *Motorcycle sling *2-way radio B. SLIDE BACK CAR CARRIER: *Commercially manufactured, 26,000 lbs. GVW rated capacity, with minimum 102" C.A. *Hydraulically powered winch pulling capacity of not less than 4-tons * 12,000 lb. power driven winch w/ 100' 3/8" steel core cable *100' 3/8" steel core cable *Minimum 17' hydraulically operated slide back or tilt bed *One 4-ton snatch block *Tie down chains *Proper safety lights —Amber L.E.D., strobe or rotating exterior mounted lights *2-way radio C. CLASS "B" WRECKER: *Commercially manufactured, 26,000 lbs. GVW minimum rated capacity *Commercially manufactured, hydraulic or boom capacity of not less than 16- tons independently or jointly when multiple booms are used * Two 12,000 lb. power driven winches w/ 100' 7/16" steel core cable *Two snatch blocks, each 8-ton capacity RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 10 *Tow sling with safety chains or tow bar *Brake lock *Proper safety lights — Amber L.E.D., strobe or rotating exterior mounted lights - 2 rear flood lights *2-way radio D. CLASS "C" WRECKER: *Commercially manufactured, 35,000 lbs. GVW minimum rated capacity *Commercially manufactured, hydraulic or booms with 25-ton total capacity *Brake lock *Tow bar *Two snatch blocks, each 12-ton capacity *Rear support jack or outriggers *Proper safety lights —Amber L.E.D., strobe or rotating exterior mounted lights - 2 rear flood lights *2-way radio E. EQUIPMENT REQUIRED ON EACH VEHICLE *Sand (50 lbs. minimum) or oil absorbent material *Heavy duty broom *Reflectors *Safety cones (2 minimum, day-glow orange with dual band 4" to 6" reflective bands, 3' high) *Shovel *Extra 2-ton capacity towing chain — 7 to 8' with hooks * Jack and tire changing tools *Axe *Fire extinguisher— 5 lb. dry chemical U.L. approved *First aid kit, minimum 16 units F. ADDITIONAL EQUIPMENT AND TOOLS: *Any special equipment and tools necessary for the removal of abandoned vehicles in unusual locations. *Portable cutting device *Porto-power of 10-ton capacity 2.6 SERVICE REQUIREMENTS A. Communications: The Company shall provide a 2-way radio communication system adequate to cover The City of Opa-Locka. The Communication System shall be between the Company's base station and all service trucks utilized in providing service. The Company shall notify the Police Department and Code Enforcement Department of any additional telephone numbers and/or changes. The phone system must include an automated ring down line to the Opa Locka Police Department dispatcher with a power backup. B. Protection of vehicles and property: The Company shall assume responsibility for any and all articles of value left in the impounded vehicles and abandoned vehicle and listed on the vehicle storage receipt. Company shall replace any such article upon verification of the loss by the designated investigative agency representing the City and/or Code Enforcement Officer representing the City. Company may be required, by the impounding officer and/or Code Enforcement Officer, to provide special weather protection, officer will note requirement on storage receipt. RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 1 1 The Company shall provide storage for all impounded vehicles in the outside storage areas unless specific written instructions are given for inside storage by the impounding officer. Specific written instructions for inside storage include any language indicated in the "Reason for Hold" block of the Vehicle Storage Receipt stating "Crime Scene Processing", "Fingerprinting," "Latents", "Lab Processing," or any other words detailing a need to store a vehicle inside. Once the necessary processing is completed and the hold is released, the Company may, at its option, keep the vehicle stored inside, however, only the outside storage rates may be charged after the release of the hold. C. Location Changes: The Company shall not change type of storage (inside or outside) without written permission from the Police Department. The Company shall not change facility location without written permission from the Police Department and/or Code Enforcement Department. D. Request for Service: All requests for service shall be made through The City of Opa-Locka Police Department and/or Code Enforcement Department. The City reserves the right to cancel a request for service at any time, including up to the time of hookup. Hookup consists of complete mechanical connection. The Company shall not charge for a mere response to a service call. The City will strive to keep applicable towing requests for abandoned vehicles within the normal work week, however, the City may, from time to time, require weekend towing service of abandoned property. The City will give Company prior notice of these times. E. Response Time: The Company shall respond to requests for service from the Police Department within twenty (20) minutes of the call for service and within thirty (30) minutes of the call for service from the Code Enforcement Department. On occasion the Code Enforcement Department will operate a towing project in a specific geographic area; prior to the commencement of these projects the Department will provide the Company with a minimum of 24 hours notice. Company shall assess the call for service from the Police Department immediately, if unable to respond in twenty (20) minutes, they shall call a subcontractor to respond to the City's call. F. Subcontractors: Any and all subcontractors used to respond to service calls of the City of Opa-Locka are required to receive prior approval from the City of Opa-Locka for such subcontract work. Each Subcontractor shall have a current and valid City of Opa-Locka towing permit. When a subcontractor is used, billing should be from the Company in accordance with the City's rate structure. The Company is fully responsible to the City for the acts and omission of his subcontractors and of persons either directly or indirectly employed by said subcontractor. Nothing contained in the Contract Documents shall create any contractual relations between any subcontractor and the City. Prior to any subcontractor's response to City calls for service, the Company shall obtain written approval of any subcontractors used within the terms of the contract, and shall submit for approval to the City's Procurement Manager Certificates of Insurance. Subcontractors must maintain the types and limits of insurance as required of the Company. RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 12 G. Clean Up: Company's truck operators shall be responsible for removing glass and/or other debris from the street as a result of a traffic crash. The debris shall be placed in a suitable container, removed by the operator and disposed of in accordance with all applicable laws. No debris shall be left at curb-side. H. Wrecker Markings: The name of the Company, telephone number, address and vehicle fleet number shall be displayed on the driver and passenger side doors of the vehicle in commercially lettered characters at least three (3") inch high, contrasting colors, permanently affixed to the vehicle as required under Florida Statute 713.78(8). All vehicles shall display, in accordance with the Miami-Dade County Code a current decal issued by the Consumer Service Department (CSD) and a current decal issued by The City of Opa-Locka Code Enforcement Department. There shall be no literature or markings on any vehicles or building or correspondence that indicates or tends to indicate any official relationship between the Company and the City of Opa-Locka or any other governmental entity. I. Attendant on Duty: The Company shall make available on a twenty-four(24) hour basis attendants and equipment for immediate response to calls for service from the Opa-Locka Police Department. In addition, the Company shall have adequate personnel to staff the storage facility and office from 8:00 a.m. to 6:00 p.m., 7 days a week, for the purpose of releasing vehicles to owners. The Company shall provide on-call personnel to release vehicles between 6:00 p.m. to 8:00 a.m., at the request of the Opa-Locka Police Department Communications Shift Supervisor, for emergency purposes only. On call personnel should be available to release vehicles within one (1) hour of the request for release. The Company shall provide a visible sign on the outside of their facility) indicating the hours of operation. J. Holidays: Notwithstanding the above requirements, three holidays will be recognized as days the Company can close and still charge for storage: Thanksgiving Day, Christmas Day, and New Year's Day. The Company that elects to close on these holidays shall provide access to vehicle owners that attempt to claim their vehicles. A sign shall be posted outside selected business with a telephone number, to reach the Company to respond and release vehicles to owners, during what would have been regular business hours on these holidays. K. Impounding Vehicles: The Company shall impound such vehicles as requested by the police officer on duty at the scene. The police officer on duty shall have sole authority to determine when a vehicle should be impounded and the tow truck operator shall abide by the decision of the police officer. The police officer/code official on duty at the scene is responsible for obtaining the information required on the Vehicle Tow/Storage Receipt. The wrecker driver shall not remove a vehicle from the scene without a copy of the Vehicle Tow/Storage Receipt, unless the removal is at the owner's request. L. Owner Notification: The Company shall be responsible for notifying the registered owner or agent of the location of the vehicle within forty-eight (48) hours of impoundment, by certified mail, if the owner's identity has been supplied on the Vehicle Storage Receipt. If the owner's identity is not supplied, the selected company shall notify the registered owner or agent as soon thereafter as the information is received in accordance with F.S. 713. The Company shall maintain a log at their place of business listing date, time, and method of notification. RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 13 2.7 REPORTS In addition to the Vehicle Storage Receipt, written by The City of Opa-Locka Police or Code Enforcement Personnel at the scene, the Company shall be responsible for preparing and maintaining at the place of business: A. A daily log of all calls for service by the City of Opa-Locka Police Department will be kept listing date, time of request and time of arrival on scene, and method of notification. This log and two copies will be submitted to the Police Department once each month on the first Monday of the month. B. A log and two copies of all unclaimed vehicles over thirty (30) days will be submitted to the Police Department once each month on the first Monday of the month. A log of all vehicles with "HOLD" for over seven (7) days will be submitted also. C. A notification log indicating date, time, and method of notification to the registered owner of an impounded vehicle, as in accordance with State of Florida Statues 713, EXCEPT THAT NOTIFICATION MUST BE MAILED, BY CERTIFIED MAIL, TO REGISTERED OWNER WITHIN 48 HOURS OF PICK-UP OF VEHICLE. The owner shall not be charged for storage for any days between 48 hours and the actual time of mailing of notification. D. Vehicles stored for the City shall be marked in a conspicuous location with a yellow grease pencil Opa-Locka Police Department case number, or Opa-Locka Code Enforcement case number, date towed, and inventory number. A report submitted on the 10th of each month shall contain the VIN number, Tag number, year, make and if holds have been placed on the vehicle, showing when and how it was released, destroyed, or still being held. E. Company shall copy the Police Department on any correspondence with the vehicle owner at the same time correspondence is sent to vehicle owner but not later than next calendar day. 2.8 SEIZED VEHICLES & INVESTIGATION Vehicles seized for investigative purposes pursuant to The City of Opa-Locka Police Department instructions shall be stored at no charge until the Police Department either notifies the Company to tow the vehicle to a City location or instruct the Company to charge the owner of the vehicle for towing and storage in accordance with the rate structure. 2.9 VEHICLE RELEASE A. Company shall directly release any vehicles which have not been marked "HOLD", providing the proper proof of identification and ownership is presented. Any vehicles towed which have been marked "HOLD" may not be released without written authorization from the City of Opa-Locka Police Department supervisor assigned to the holding unit where applicable. Proper proof of identification and ownership shall consist of sufficient identification of the person whose name appears on the title or registration certification as the registered owner of the vehicle or to the authorized agent of such person. RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 14 B. Vehicles impounded for over forty-five (45) days or that remain impounded for over forty-five (45) days after a "HOLD" has been released, may be sold at auction. The Company will be entitled to the cost of towing and recovery, storage, notifications, and cost of processing, and auctioning the vehicle. Company must state on attached Price Sheet the cost for processing and auctioning each vehicle. The remainder of the proceeds will be remanded to The City of Opa-Locka. Vehicles may not be held in impoundment unnecessarily for the purpose of recovering additional fees for storage. It will be the sole discretion of the City as to what is a reasonable number of storage days for which fees may be recovered. 2.10 FINANCIAL — RATES A. The applicable tow rate structure (Class "A", Class "B", or Class "C") shall depend upon the requirements of the towed vehicle rather than the actual tow truck used; i.e. if a Class "B" wrecker is used to tow a sedan, the Class "A" rate structure shall be the basis for charges imposed. If Company elects to use a car carrier in lieu of a dolly tow when only a dolly tow is required, the lower rate shall apply except if owner or police officer specifically requests use of the car carrier. B. The basic tow rate for each class of wrecker shall include clean-up at an accident scene, the first ten miles from the scene of accident and the minimum guarantee to The City of Opa- Locka. C. The Company will pay to the City payments to be deducted from the fees collected by the Company and paid on a monthly basis. The Company will guarantee no less than ten percent (10%) of the gross value of the tows. Proposer shall state guaranteed percent on Proposal Schedule for Towing Services. D. Waiting time and extra labor cost; i.e. "Retrieving", special handling, accomplished within sixty (60) minutes of arrival at the scene shall be included in the base tow rate. If, and only if, such waiting time or extra labor consumes more than sixty (60) minutes, an extra waiting time or extra labor charge per fifteen (15) minutes or any fraction thereof, may be assessed by the Company commencing sixty minutes after arrival at the scene. E. The Company shall collect all towing and storage fees, in compliance with those rates established by a City of Opa-Locka Resolution as amended by City Commission from time to time, from the owner of the vehicle or his authorized representative after the City of Opa-Locka Police Department has approved release of the vehicle from the storage area. F. Daily storage charges shall be predicated upon each twenty-four hour period, such charges beginning at the actual time of impounding, e.g. 1:00 p.m. Monday, to 12:59 p.m. Tuesday, will represent one storage-charge day. Pursuant to Florida Statues 713.78(2), no storage fee shall be charged if such vehicle is stored for less than six hours. RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 15 G. If owners do not apply for release of the vehicle within the statutory period (F.S. 713.78), the Police Department must be notified prior to any procedure to junk or otherwise dispose of vehicle. H. Whenever an impounded vehicle is claimed by the owner, they shall be furnished with an itemized statement of all charges for the impounding of the vehicle. The Company shall receive from vehicle owner a receipt and release for the vehicle and all personal property therein, and the Company shall retain receipts for one year. I. The City of Opa-Locka shall not be held responsible or liable to the Company for nonpayment of any towing or storage fees to the Company by the owner of the vehicle. J. Personal property in the vehicle stored by the Company shall not be disposed of to defray any charges for towing or storage of vehicles without a court order. K. At the discretion and/or direction of the City cleanup of hazardous materials at a crash scene or contract for hazardous materials cleanup may be necessary. The Company may charge the actual fee for the cleanup plus 20% for administrative and other cost related to the hazardous materials cleanup, remediation of the environment and proper disposal of materials recovered and remediated from the scene. Copies of actual charges must be submitted to City. L. Company shall prominently post, in an area designated to transact business with the vehicle owner or his authorized agent, a notice in letters not smaller than 1/2" in height advising the owner/agent of his/her right to request and review a complete schedule of the charges and rates for towing services provided at the City of Opa-Locka' Police request. Such notice shall also be affixed to or printed on each invoice submitted to the owner/agent of the towed vehicle. Company shall display on same sign as above the following statement: "If you believe you have been overcharged for the services rendered, you are not required to pay your bill to have your car released. You have the right to post a bond in Circuit Court, payable to (Name of Company) in the amount of the final bill for services rendered, and file a complaint within five (5) days of the time you have knowledge of the location of the vehicle and the Court will decide later who is right. You must show a valid Clerk's certificate that you have posted bond and your vehicle will be released immediately." 2.11 ADMINISTRATIVE FEES A maximum charge not exceeding $30.00 (not as an automatic "add-on", but only when required to comply with Florida Statutes) may be imposed by the Company for administrative services, processing of paperwork, clerical work or title research. Administrative charges refer to and include verification of VIN, search of vehicle for ownership information, preparation of paperwork required by Florida Statutes, preparation and mailing of the notification letter. The Company will be required to justify additional letters and charges. Hence, no other charges such as special inspection, release charges, or additional Company's administrative fees may be imposed. RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 16 2.12 PAYMENT A. The vehicle owner and/or operator is responsible for payment of charges imposed by the Company. B. Company shall advise any vehicle owner or authorized representative who calls by telephone prior to arriving at the storage site of the following: a. All documents required to retrieve the vehicle; b. Exact charges as of the time of the telephone call and the rate at which charges accumulate after the call; c. Acceptable methods of payment; and d. Hours and days the storage site is open for regular business C. Company shall itemize all bills; to number all bills in correspondence with the applicable City of Opa-Locka Police Department tow sheet number; and to submit duplicate copies of the original of all bills to the City of Opa-Locka Police Department on the tenth of each month. A copy of these bills shall be attached to the copy of the vehicle storage receipt. THE BILL MUST BE COMPLETELY FILLED OUT. a. Company shall accept payment from the vehicle owner or authorized representative for charges in any of at least two of the following forms: b. Cash, money order or valid traveler's check c. Valid bank credit card or debit card d. Valid personal check showing on its face the name and address of the vehicle owner or authorized representative e. Clerk certificate of bond 2.13 ABANDONED/UNCLAIMED VEHICLES The Company may charge the City one time and one time only for the initial City wide towing of all abandoned, unregistered and junked vehicles, trailers and boats. The charge shall not exceed a maximum of$ per each half of City. Abandoned vehicles will be stored and disposed of AT NO COST TO THE CITY. If the Company has a charge for the initial City wide towing, cost shall be entered on price sheet. The Company may not charge the City for any calls placed for the towing of abandoned, unregistered and junked vehicles once the City wide towing of abandoned, unregistered and junked vehicles, trailers and boats has been completed. The abandoned/unclaimed property may be partly or entirely dismantled or may consist of only a minor or major portion of the body or framework. The abandoned property may not have tires, may be full of debris and difficult to remove. 2.14 CLAIMED VEHICLES No charge will be made to the City if the registered owner pays for the towing or arranges to turn over title to the Company and pay whatever fees the Company may agree to. The Company shall be entitled, from vehicles owner, all allowable fees for class of vehicle towed. RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 17 2.15 CITY RESPONSIBILITIES The City shall supply the Company with an exact description and location for each abandoned vehicle/item requiring towing/removal. The City shall insure to the Company compliance with all legal and procedural requirements governing the notification of vehicle owners and lien holders in connection with demolition of abandoned vehicles as set forth in applicable laws, statutes and regulations. The City shall provide the Company, all documentation necessary for the Company to take legal possession of the vehicle. The City's Code Enforcement Officer must accompany the Company when attempting to pick up a vehicle under this agreement. The City will ensure that the Company has a current rate structure to ensure proper invoicing amounts. 2.16 INVOICING THE CITY If the Company is charging the City for the City wide towing, invoicing for services rendered will include the following information: a. The Company's name, address, phone number and contact person shall appear on all Invoices for each vehicle towed —the year, make, license number and state license was issued for, or VIN (Vehicle Identification Number) must be documented on the Vehicle Impound/Inventory Form. If no license plate is attached to the vehicle, the location, date of the impound and the towing charges shall be noted. Should the vehicle to be towed be a pile of parts or pieces with no license plate or VIN available, then the date and location of said tow shall be indicated. Under year, make and state license should appear"PARTS ONLY". The amount permitted to be charged the City will be the same as for a complete vehicle tow. b. All invoices should be sent to the following address unless otherwise specified: City of Opa-Locka Finance Department P 0 Box 540371 Opa Locka, Fl 33054 2.17 ADDITIONAL FEE —ABANDONED/UNCLAIMED VEHICLES No additional fee may be charged for lien sale processing, if the owner of the abated vehicle contacts the Company for release of their vehicle, the Company shall charge prevailing rates to the owner for towing and storage as dictated by current Florida towing rules and regulations. No charge will then be made to the City if the registered owner pays for the tow or if he arranges to turn over title to the Company and pay whatever fee the Company may agree to. The Company must immediately call the Florida Division of Motor Vehicles office when a vehicle is picked up and cleared from the tow service. Company must also contact the DMV if the tow service agrees to a surrendering of title and payment in some other amount to clear the service to insure that the Florida Division of Motor Vehicles file is cleared and no citation issued to or letter sent for payment to the abandoned vehicle owner. RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 18 2.18 CITY VEHICLES The City of Opa-Locka' vehicles up to and including 3/4 ton trucks shall be towed and/or serviced by the Company at no charge to the City. Towing or servicing for City of Opa-Locka vehicles over 3/4 tons shall be at reduced contract rates. State the rate to be charged on price sheet. Calls for towing City of Opa-Locka vehicles shall be responded to within twenty minutes. If unable, Company shall call a subcontractor to respond, and the Company will be responsible for any fee. City of Opa-Locka vehicles up to and including 3/4 ton trucks being towed from beyond 10 miles outside of city limits may be charged at a rate stated not to exceed $25.00 and $1.00 per mile beyond the 10 miles as stated above. Vehicles over % tons may be charged at a rate not to exceed $60.00 and $2.00 per mile beyond the 10 miles as stated above. State rate to be charged on the price sheet. 2.19 ADDITIONAL REQUIREMENTS From time to time where it is to the advantage of the City of Opa-Locka it may be necessary for the City to pay the Company on an hourly basis. These times may include but are not limited to events such as parades, sporting events, natural disasters, or other such special events. At many times this may be on stand-by basis and the number of wreckers used will be above the required wreckers to be available to the City under normal circumstances. Light-duty hourly and standby rates may not exceed $60.00 per hour. Medium-duty may not exceed $80.00 per hour. State rate to be charged on the price sheet 2.20 PERFORMANCE BOND The successful proposer will be required to furnish to The City of Opa-Locka, a Performance Bond in the amount of$25,000.00, to be in the form of a Cashier's Check, made payable to the City of Opa-Locka; a bond written by a surety company authorized to do business in the State of Florida and shall comply with State Statute 287.0935; or an Irrevocable Letter of Credit. If the latter is chosen, it must be written on a bank located in Miami-Dade County, be in the amount of the contract and should clearly and expressly state that it cannot be revoked until express written approval has been given by the City of Opa-Locka. The City, to draw on same, would merely have to give written notice to the bank with a copy to the successful proposer. The bond must be in effect the term of the contract. 2.21 TERMS AND CONDITIONS OF CONTRACT The Company will be required to enter into a non-exclusive contract with the City incorporating this Request for Proposals and the documents submitted by the proposer. The Company shall not assign, transfer, or subcontract this contract either in whole, or in part, without prior written approval of the City. The successful Company shall be awarded a contract for two (2) years. The City of Opa-Locka reserves the right to exercise the option to renew for one year periods not to exceed five years. Contract renewal shall be the City's prerogative; not a right of the contractor and will be exercised based on satisfactory performance and determination that the contract is in the best interest of the City. Options for renewal will only be exercised upon mutual written agreement. City will award to a primary and secondary contract. RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 19 2.22 DEFAULT/FAILURE TO PERFORM The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful proposer to meet any terms of this agreement, the City will notify the Company three (3) days (weekends and holidays excluded) to remedy the default. Failure on the Company's part to correct the default within the required three (3) days shall result in the contract being terminated and upon the City notifying in writing the Company of its intentions and the effective date of the termination. The following shall constitute default: a. Failure to perform the work required under the contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the contract. b. Failure to begin the work under this contract within the time specified. c. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. d. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as non conforming to the terms of the contract. e. Becoming insolvent, being declared bankrupt, or committing an act of bankruptcy or insolvency or making an assignment that renders the successful bidder incapable of performing the work in accordance with and as required by the contract. f. Failure to comply with any of the terms of the contract in any material respect. In the event of default of a contract, the successful Company shall pay all attorney's fees and court costs incurred in collecting any damages. The successful Company shall pay the City for any and all costs incurred in ensuing the term of the contract. 2.23 CANCELLATION The City of Opa-Locka reserves the right to cancel this contract by written notice to the Company effective the date specified in the notice should any of the following applies: • The Company is determined by the City to be in breach of any of the terms and conditions of the contract and/or to have failed to perform his/her services in a manner satisfactory to the City. No consideration will be given for anticipated loss of revenue or the canceled portions of the contract. • The City has determined that such cancellation will be in the best interest of the City to cancel the contract for its own convenience. The Company shall agree to indemnify and hold harmless and pay on behalf of the City, for any liability and/or legal costs arising out of any claims and litigation related to the services provided, including any actions that may arise from allegations regarding determination of appropriateness or inappropriateness of care or any acts, errors or omissions related to the service provided. RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 20 2.24. RIGHTS TO AUDIT The Company may be subject to audit by federal, state and local agencies pursuant to this contract. The Company shall maintain adequate records to justify all charges, expenses and cost incurred in performing the services hereunder for at least three (3) years from the date of contract ending date. The City shall have access to such books, records, and documents for the purpose of inspection or audit during normal business hours at a place convenient and agreeable to the Company and the City. MAXIMUM NON -CONSENT TOWING RATE SCHEDULE Private Property Impound Tow List Rate Class A Rate if released on scene Class B Class C Class D No other fees may be imposed for the first 24 hours the vehicle is in the care, custody and control of the towing operator, except 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. Police Directed Tow (First Ten Miles/60 Minutes) List Rate Class A Class B Class C Class D For all police directed Tows the mileage begins at/from the accident scene not form dispatch. Per mile fee for Police Directed Tow (After first Ten Miles/60 Minutes) List Rate Class A Class B Class C Class D Extra Time at Scene for Police Directed Tow List Rate Class A Class B Class C Class D First hour to be included in the initial cost per call (Charges are 15 minute intervals). Tow Company must have the written documentation and approval of the investigating law enforcement agency/officer. Daily outdoor storage-vehicles 20' or less After first 6 hours (Chargeable in 24-hour increments) Daily outdoor storage — vehicles longer than 20' After first 6 hours (Chargeable in 24-hour increments) Daily outdoor storage — small personal vehicles (i.e., motorcycles, ATV's, scooters, etc.)After first 6 hours (Chargeable in 24-hour increments) RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 21 Daily indoor storage — vehicles 20' or less 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' 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 (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. Underwater Recovery Salvage Divers For First Hour/ per river For each additional 15 minutes (Per '/ hour or any fraction thereof over the first hour/per diver) This covers underwater recoveries performed by a certified/professional diver with the written documentation and approval of the investigating law enforcement officer/agency. 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 prevailing rates Dollies Class A (except Private Property Tows) Lowboy Services Tow Rate (hook-up and 1st 1/2 hour at scene Per Towed Mile after first 5 miles Extra Labor/waiting time at scene (after first 1/2 hour) per '/ hour thereafter Towing Permit Fees Annual Towing Permit fee RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 22 ADDITIONAL RESTRICTIONS: A. The applicable tow rate structure (Class "A", Class "B", or Class "C") shall depend upon the requirements of the towed vehicle rather than the actual tow truck used; i.e. if a Class "B" wrecker is used to tow a sedan, the Class "A" rate structure shall be the basis for charges imposed. If Company elects to use a car carrier in lieu of a dolly tow when only a dolly tow is required; the lower rate shall apply except if owner or police officer specifically requests use of the car carrier. B. Waiting time and extra labor cost; i.e. "Retrieving", special handling, accomplished within sixty (60) minutes of arrival at the scene shall be included in the base tow rate. If, and only if, such waiting time or extra labor consumes more than sixty (60) minutes, an extra waiting time or extra labor charge per fifteen (15) minutes or any fraction thereof, may be assessed by the Company commencing sixty minutes after arrival at the scene. C. Daily storage charges shall be predicated upon each twenty-four hour period, such charges beginning at the actual time of impounding, e.g. 1:00 p.m. Monday, to 12:59 p.m. Tuesday, will represent one storage-charge day. Pursuant to Florida Statues 713.78(2), no storage fee shall be charged if such vehicle is stored for less than six hours. D. Whenever an impounded vehicle is claimed by the owner, he/she shall be furnished with an itemized statement of all charges for the impounding of the vehicle. The Company shall receive from vehicle owner a receipt and release for the vehicle and all personal property therein, and the Company shall retain receipts for one year. E. The City of Opa-Locka shall not be held responsible or liable to the Company for non-payment of any towing or storage fees to the Company by the owner of the vehicle. RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 23 PART III PROPOSAL REQUIREMENTS 3-1 RULES FOR PROPOSALS In order to maintain comparability and enhance the review process, proposals shall be organized in the manner specified below and include all information required herein. The proposal must name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. 3-2 SUBMISSION OF PROPOSALS The proposal shall be submitted on 8 1/2 "x 11" paper, portrait orientation, with headings and sections numbered appropriately. Ensure that all information is written legibly or typed. The following should be submitted for a proposing firm to be considered: 1. An original copy (so marked) of the proposal and five (5) copies must be sealed in one package and clearly labeled "RFP NO: 09-0814 — Request for Proposal for TOWING AND STORAGE OF VEHICLES" on the outside of the package. 2. Title Page showing the request for proposal number, subject, the firm's name, the contact person's name, address and telephone number and the date of the proposal. 3. Table of Contents should include a clear and complete identification of the materials submitted by section and page number. 4. Transmittal Letter summarizing in a brief and concise manner the Proposer's understanding of the work to be performed, the commitment to perform the work within the anticipated time period, a statement why the firm believes itself to be best qualified to perform the engagement, and a statement that the proposal remains in effect for ninety (90) days. An authorized agent of the Proposer must sign the Letter of Transmittal indicating the agent's title or authority. 5. Experience and qualifications of the firm with the name, address, telephone number, licenses and certifications of the principals of the proposing firm, number of years the firm has been in business, and five similar government entities (specify name of entity, contact person, address and phone number), for whom your firm has provided services within the last five years including a brief description of the project, and contract award amount. The City may contact these references. 6. Detailed Proposal with all the required information and signatures as specified, including a work plan, schedule and any additional information relevant to the scope of work. The detailed proposal should follow the order set forth in this Request for Proposal. 7. Executed copy of Drug Free Workplace Form attached to this Request for Proposal. 8. Statement acknowledging receipt of each addendum issued by the City. 9. Proposal must be signed by an officer or employee having authority to legally bind the Proposer. RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 24 3-4 TECHNICAL PROPOSAL The purpose of the technical proposal is to demonstrate the qualifications, competence, and capacity and methodology of the firms seeking to provide the services in conformity with the requirements of this Request for Proposal. As such the substance of proposals will carry more weight than their form or manner of presentation. The technical proposal should demonstrate the combined qualifications of the firm and of the particular staff to be assigned to this engagement. It should also specify an approach that will meet the Request for Proposal requirements. The technical proposal should address all of the points outlined in the Request for Proposal. The proposal should be prepared simply and economically, providing a straightforward, concise description of the Proposer's capabilities to satisfy the requirements of the Request for Proposal. While additional data may be presented, the following subjects must be included — Licenses, Firm Qualifications and Experience, Staff Qualifications and Experience, Similar Projects with Other Government Entities, Specific Approach, and Proof of Insurance. RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 25 PART IV EVALUATION OF PROPOSALS 4-1 SELECTION COMMITTEE A Selection Committee, consisting of City personnel, will convene, review and discuss all proposals submitted. The Purchasing Officer will chair the committee. The Selection Committee will use a point formula during the review process to score proposals and assign points in the evaluation process in accordance with the evaluation criteria. The Proposer shall satisfy and explicitly respond to all the requirements of the RFP NO: 09- 0814including a detailed explanation of how the services shall be performed. 4-2 EVALUATION CRITERIA Award shall be made to the responsible offeror whose proposal is determined to be the most advantageous to the City, taking into consideration the evaluation factors set forth below. A. Evidence of ability, and finances of Company to provide and meet the requirements of the RFP NO: 09-0814 (MAX 20 points) B. Evidence of equipment, vehicles and storage facility to meet the requirements of the RFP. Miami-Dade license must be submitted. (MAX. 20 points) C. Guarantee percentage of the gross value of City (MAX. 20 points) D. One time cost for City wide towing of abandoned property (MAX. 15 points) E. Cost for towing City owned vehicles (MAX. 15 points) F. Responses of referenced ( MAX. 5 points) G. Company's with an office located in the City of Opa Locka. Copy of Business Tax Receipt and Certificate of Use required. If the local company is a subcontractor, the proposer must delineate the specific elements of work the local company will perform and the dollar value of the work as a percentage of the total contract value. This documentation must be signed by both the proposer and local company to confirm their intent to establish a business relationship and confirms the local company percent. (MAX. 5 points) 4-3 ORAL PRESENTATIONS Proposers may be required to make individual presentations to the City Selection Committee in order to clarify their proposals. Only those firms with the highest rated scores in accordance with the stated criteria and their weights will be invited to give oral presentations. However, the City has the right to accept the best proposal as submitted, without discussion or negotiation. If the City determines that such presentations are needed, a time and place will be scheduled for oral presentations. Each Proposer shall be prepared to discuss and substantiate any of the areas of the proposal submitted, and its qualifications to perform the specified services. During the oral presentations, the Proposers should relate their discussion to the evaluation criteria, which will include (but not be limited to) their approach to the project. The proposed Project Manager must be in attendance. RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 26 The Evaluation Criteria may be changed for the oral presentations evaluation phase. References and site visits (if completed) shall be included in the final evaluation criteria, along with other criteria and weights as determined by the Selection Committee. Finalists will be informed as to the revised criteria, if any, prior to their oral presentation. Additionally, prior to award of an Agreement pursuant to this RFP, the City may require Proposers to submit such additional information bearing upon the Proposer's ability to perform the services in the Agreement as the City deems appropriate. 4-4 FINAL SELECTION The City of Opa-Locka will select the firm that meets the best interests of the City. The City shall be the sole judge of its own best interests, the proposals, and the resulting negotiated agreement. The City's decisions will be final. Following the notification of the selected firm, it is expected that an Agreement will be executed between both parties. City staff will recommend award to the responsible Proposer whose Proposal is determined to provide overall best value to the City, considering the evaluation factors in this RFP. 4-5 AWARD AND CONTRACT EXECUTION After review by the Selection Committee of the proposals and oral presentations a recommendation will be made to the City Manager for submission to the City Commission for final approval. Upon Commission authorization, contract negotiations will be initiated with the first ranked firm. If those negotiations are unsuccessful, the City will formally terminate negotiations with the first ranked firm and will commence contract negotiations with the next ranked firm, etc. Upon successful contract negotiations with the prevailing firm, the remaining firms will be notified that the process has been completed and that they were not selected. It is expected that a contract will be negotiated within sixty (60) days of Commission approval. RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 27 0,,LOCka. RFP NO: 09-0814 : Ov pIOCyQ.. CITY OF OPA-LOCKA • t�:—CERTIFICATION REGARDING DEBARMENT, SUSPENSION PROPOSED DEBARMENT AND OTHER MATTERS OF RESPONSIBILITY 1. The Proposer certifies, to the best of its knowledge and belief, that the Proposer and/or any of its Principals: A. Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency. B. Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and C. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph 1-B of this provision. 2. The Proposer has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any City, State or Federal agency. A. "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. B. The Proposer shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Proposer learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. C. A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Proposer's responsibility. Failure of the Proposer to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Proposer non- responsive. RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 29 D. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of a Proposer is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. E. The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Proposer knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS FIRM COMPLIES FULLY WITH THE ABOVE REQUIREMENTS. Signature Printed Name RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 30 °°k CITY OF OPA-LOCKA 0 i eF 0 • �M1 uau,J DRUG-FREE WORKPLACE CERTIFICATION FORM Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and service, are received by the CITY OF OPA-LOCKA for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining • a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number(1). 4. In the statement specified in number (1), notify the employees that as a condition for working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction on or plea of guilty or no contest to any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any singular state, for a violation occurring in the workplace no later than five (5)days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087, Florida Statutes. This Certification is submitted by the (Name) of (Title/Position) (Company) who does hereby certify that said Company has implemented a drug-free workplace program, which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above. Date Signature RFP NO: 09-0814 TOWING AND STORAGE OF VEHICLES 31