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Res No 111-14-14205RESOLUTION NO.111-14-14205 A Resolution authorizing the City Manager to enter into a two (2)year contract with Downtown Towing,Inc.with three (3)one (I)year options to renew. WHEREAS,the MayorandCity Commission of the CityofSouth Miami recognize the importance ofhaving professional towing services,and WHEREAS,the CityofSouth Miami desires to piggyback offof the CityofCoralGablesbidding process,and WHEREAS,the City of Coral Gablesutilizeda competitive process that is comparable to that which is required by the CityofSouth Miami Charter andawardeda contract to Downtown Towing,Inc.,and WHEREAS,the CityofSouth Miami Police Department and other City Departments areinneedof towing services and WHEREAS,the MayorandCity Commission of the CityofSouth Miami wish enter intoa contract with Downtown Towing. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section I:TheCityManagerisauthorizedto sign theattached contract withtheattachedexhibits with Downtown TowingInc.foraperiodof two yearsandwith the rightof the CityManager to renew the contract fora total contract periodofup to 5years,including all extensions andrenewals. Section 2;Severability:Ifanysection,clause,sentence,or phraseofthisresolutionisforany reasonheld invalid or unconstitutional bya court of competent jurisdiction,thisholdingshall not affectthe validityof the remaining portions ofthis resolution. Section 3,Effective Date:This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this 20thday of May _,2014. ATTEST: READ ANDAg&OVED AS Tj lang^^HT^galityA><d ^ution thereof RM, APPROVED: MAYOR COMMISSION VOTE:5-0 Mayor Stoddard:Yea Vice Mayor Harris:Yea Commissioner Edmond:Yea Commissioner Liebman:Yea Commissioner Welsh:Yea Soutff Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To:The Honorable Mayor&Members of the City Commission From:Steven Alexander,City Manager Date:May 1,2014 Agenda Item No.:// Subject: Background: Amount: Account: Attachments: A Resolution of the Mayor andCity Commission of theCity of South Miami,Florida,relatingtocontracts;authorizing theCity Manager to enter intoatwo(2)year contract with Downtown Towing withtheoption of three(3)one(1)year additional periods of service;providing foran effective date. TheCity of SouthMiamineedsprofessionaltowingservicesprovidedby a reputable towing service.TheCity of South Miamiwillpiggybackthe City of Coral Gables bidding process which awarded the contract forits towingservicestoDowntowntowingInc.Downtowntowingprovidesa fullrange of towingserviceswhichwillmeetthedemands of theCityof SouthMiami.DowntownTowingInc.beganprovidingtemporarytowing servicetothePoliceDepartmentduring the lastquarter of 2013.During this period the Police Department was satisfied with thelevel of service provided. $0 N/A Proposed Resolution Copy of CSM Contract Copy of Coral Gables Acknowledgement Bid Copy of Coral Gables Evaluation Sheet Copy of Coral Gables Commission Acceptance TOWING SERVICES AGREEMENT THIS TOWING SERVICES AGREEMENT,is made as of this jlAlav ofO^lU 2014,between theCityofSouthMiami through itsCityManager,bothofwhomshall hereinafter bereferredtoasthe "CITY"as applicable,and Downtown Towing,Inc.(hereinafter called the "CONTRACTOR"). RECITALS WHEREAS,the CITY wishestoretainDowntown Towing,Inc.toprovideTowingServices;and WHEREAS,the CITY havinginvestigatedthequalificationsofthe CONTRACTOR toperformthe servicesherein contemplated andfound those qualificationssatisfactory;and WHEREAS,the CONTRACTOR having examined the scope of the services required hereunder andhavingexpresseddesireand willingness toprovidesuchservicesandhavingpresented qualifications to the CITY in support of those expressed desires;and WHEREAS,the CONTRACTOR agrees to accept this Agreement upon the terms and conditions hereinafter set forth;and WHEREAS,the CityCommissionhas approved the selection of the CONTRACTOR toperform suchservices,and the CONTRACTOR agrees to accept this Agreement upon the terms andconditions herein set forth. NOW,THEREFORE,in consideration of the promises and the mutual covenants herein contained,the CITY agrees toretain the CONTRACTOR foraninitialtwo(2)year period.However,this periodmaybe extended,at the solediscretionofthe CITY,for three (3)one(1)yearadditionalperiods. The CONTRACTOR agrees toprovidetowingservicesand agrees to perform allservicesinconnection with the services described herein.All decisions authorized bythis contract tobe made by the CITY, shallbe made by the City Manager. I.GENERAL PROVISIONS 1-1 Engagement.The CITY agrees to engage the CONTRACTOR fora period specifiedin paragraph1.2,and the CONTRACTOR agrees to accept such engagement andtoperformsuchservices for the CITY upon the terms,and subject to the conditions forth herein. 1.2 Agreement Period.The terms of the Agreement shall commence upon approval of the City Commission and agreement execution,andshallcontinue thereafter foraperiodoffive(5)yearsor until terminated by the CITY upon 30days written notice to the CONTRACTOR,in accordance with the notice requirements contained inSection XII.This agreement maybe renewed at the solediscretionof the CITY for three (3)additional one (1)year periods. 1.3 Priority of Interpretation.This document without exhibits is referred to as the "Base Agreement".Inthe event ofanyconflictofinconsistencyinthedefinitionor interpretation ofanyword, responsibility,schedule,or the contents or description ofanytask,deliverable,service,or other work,or otherwise,between the Base Agreement and the exhibits,or between exhibits,suchconflictor inconsistency shallberesolvedby giving precedencefirsttothebodyofthis Base Agreementandthe Towing Services Agreement Page 1 of 25 exhibits,orbetween exhibits,such conflict or inconsistency shall be resolved by giving precedence first tothe body ofthisMaster Agreement,andthentothe exhibits according tothe following priority: a)CITY ResolutionandapplicableCodeprovisions; b)CITY Request forProposal (Exhibit A); c)CITY ScopeofServices (Exhibit A): d)CONTRACTOR'S Response toRequestforProposal (Exhibit B); e)PerformanceandPayment Bonds (when applicable); f)InsuranceCertificates,andrelated documents; g)CONTRACTOR'S ExceptionstoTermsandConditions. 1-4 Background Investigation.-Contractor shall require all personnel (including principals, agents and employees)to have a background investigation conducted during the hiring process and a background check annually thereafter,to include,priorarrests,warrantsanddriver license status.This service will be provided by a private contractor or public agency (Miami-Dade County Police Department,State of Florida,etc.),approved by the City of South Miami and paid for by the tow agency. Notification ofany change in such personnel shall be furnished tothe City of South Miami Police Departmentwithinseventy-two(72)hoursofsuchchange. I-5 Polygraph Examination.The CONTRACTOR agreesto submit to polygraph examinations at the request of the Directoror designee. I-6 ,Medical.Drug Screening and Check-ups.All contractors,their employees,agents and subcontractors must satisfactorily complete the CITY'S pre-placement medical and drug screening examinations and be certified as drug free as well as abide by the CITY'S Drug Free Work Place Policy at CONTRACTOR'S expense.The CITY may require thatthe CONTRACTOR and/or their employees,agents and subcontractors performing services forthe CITY submit to yearly medical examinations at CONTRACTOR'S expense.The CONTRACTOR and/or their employees,agents and subcontractors agree to submit to unannounced drug testing atthe request ofthe Director or designee. 1.7 Driver's License.At CITY'S option,the CONTRACTOR must provide a valid Florida Driver's License or appropriate commercial driver's license for each employee,agent or subcontractor and be willing and able to operate any required vehicles as authorized by the CTIY.Evidence of compliance with the Defensive Driving Course must be submitted tothe CITY prior to operating a CITY vehicle or any vehicle where patrons or their children are passengers.Individuals must be approved by the Risk Management Division ofthe CITY prior tothe operation ofa CITY owned vehicle and/or privately owned vehicles while conducting CITY business.The CITY reserves the right to request the employee/agent's driving record from the State of Florida,at CONTRACTOR'S expense. 1-8 Confidential Information.The CONTRACTOR agrees that any information received by the CONTRACTOR forthe CITY and in providing services in accordance with this Agreement which is not publicly available,shall notbe revealed toanyother persons,firm or organizations. 1-9 Most Favored Public Entity.CONTRACTOR representsthatthe prices charged to CITY in this Agreement do not exceed existing prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms and conditions.If CONTRACTOR'S prices decline,or should CONTRACTOR,at any time during the term of this Agreement,provide the same goods or services to any other customer at prices below those set forth herein,then such lower prices shallbe immediately extended to the CITY. Towing Services Agreement Page 2 of 25 1-10IrrevocableLetterCredit.The CONTRACTOR shall submit to the City together withthe executed Contract,an Irrevocable LetterofCredit ("Letter ofCredit")in the amount ofTenThousand Dollars ($10,000.00)meeting all the requirements contained in RFP 2013.02.22. TheLetterofCreditshallremainineffectandirrevocableduring the complete termofthe Contract.Written verification issued by the financial institution that the Letter of Credit is current must be provided to the CITY on an annual basis.Failure to maintain the Letter of Credit in the amount of $10,000 and ina continuous current status will result in the termination of the CONTRACTOR from the towing services contract. In the event ofa default by the CONTRACTOR under the Contract,the Cityshallhave the rightto drawupon the Letter ofCreditin the amount determined by the Citytobe necessary tocure the default.The letter of credit shallbe substantially in the followingform: We hereby establish our Irrevocable Standby letter of Credit No.in your favor, for the account of Downtown Towing,Inc.,Downtown Towing,Inc.,2418 N.Miami Avenue, Miami,FL 33127,up to an aggregate amount of$10,000.00 USD available byyour draft(s)on us at sight. Each draft must bear upon its face the clause "Drawn under Totalbank,Standby Letter of Credit No.Dated [Insert the date of this Irrevocable Standby Letter of Credit]"and accompanied by the following documents: 1.Beneficiary's signed statement stating that "Downtown Towinghas failed to comply with the agreement between City of South Miami and Downtown Towing." 2.The original of this Letter of Credit and all amendment(s)approved by the City of South Miami,if any. We hereby agree with you that draft(s)and documents drawn under and in compliance with the terms of this Letter of Credit willbeduly honored upon delivery of the above listed documents at [insert the name and address of the financial institution issuing the letter of credit]attn:Letters of Credit Dept.,if presented on or before [insert a date five years and 90 days following execution of the contract byall the parties]. Except so far as otherwise stated herein,this Letter of Credit is subject to the "Uniform Customs and Practice for Documentary Credits (2007 Revision),Publication No.600. II.CONTRACTOR SERVICES/PERFORMANCE STANDARDS 2.1 Basic Services.During the contract period,Downtown Towing,Inc.will serve asa CONTRACTOR to the CITY and shall provide the CITY the labor,equipment,materials and supervision needed to provide towing services and agrees to perform all services in connection with the services described herein,but not limited to: a)CITY Request for Proposal (Exhibit A); b)CITY Scope of Services (ExhibitA); c)CONTRACTOR'S Response to Request for Proposal (ExhibitB); Towing Services Agreement Page 3 of 25 The CONTRACTOR shall performtheservicesas specifically statedintheScopeof Services ofthe Requestfor Proposal Section2.0,whichisattachedheretoandincorporatedhereinas Exhibit A,andas maybespecifically designated andauthorizedby the CITY. 2.2 During theAgreement Period,the CONTRACTOR will serveasa Towing Agencytothe CITY and shall adheretothe specific performance procedures and standards,including,butnot limited to: a)All requests for tow service and removal of traffic hazards shall be made through the Communications Center ofthe City of South Miami Police Department.Other designees to authorize towing requests include the Parking Division,Public Works,Code Enforcement Division,orthe City Manager's Office and these requests will bemade through the City of South Miami Police Department as well. b)CONTRACTOR 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 CITY (storage facilities mustbemannedtwenty-four (24)hoursperdaybyanemployeeofthe CONTRACTOR oran authorized agent ofthe contractor).The CONTRACTOR shall respond to any and all CITY needs in the case of any man-made or natural disaster.Failure to respond according to CITY needs,as determined bythe CITY, may result in immediatetermination.(Requests may also come from Public Works.) c)CONTRACTOR shall have sufficient personnel to staff the facility Monday through Saturday from 8:00 am to 6:00 pm per day,for the purpose of vehicle viewing,removal of personal property and releasing vehicles to owners,and also agrees to provide for the special release of vehicles twenty-four (24)hours a day,seven (7)days aweekatthe request ofa City of South Miami Police Department shift commander for emergency purposesonly. d)CONTRACTOR shall provide all classes of towing service,within the City limits ofthe City of South Miamior outside the Citylimits,if requested. e)Tow trucks must proceed tothe address provided immediately after the CONTRACTOR receives the requestfromthe Communications Center.Twenty (20)minutes shall bethemaximum allowable response time;however,limited consideration may be given by CITY to traffic conditions,or heavy equipment requests,whichcouldresultindelays. f)Unjustified failure ofthe CONTRACTOR to respond within twenty (20)minutes to calls will be deemed tobea demonstrated unwillingness or inability to provide the required standard of service. g)All personnel operating tow trucks shall be qualified and experienced in handling equipment safely on the scene,as well as traveling to and from the scene.All tow truck operators shall have a current valid Florida CDL License,andallapplicable state endorsements. h)Tow truck operators shall comply with all existing Federal,State,County,and City regulations and ordinances at all times. i)CONTRACTOR shall not remove vehicles involved in traffic crashes prior tothe arrival ofa City of South Miami police unit,andonlythen,withthe permission ofthe assigned police unit. j)Towtruck operators shall be responsible for removing all debris from thestreetasa result of traffic crashes to which the operator is responding for the CITY immediately and prior to departure from the Towing Services Agreement Page4 of 25 scene.Thisdebrisshallbeplacedina suitable container and removed by tow truck operators andshall, in no case,be left at the curbside. k)CONTRACTOR shall not make anyrepairstoany towed vehiclesduring the towingprocessand/or while vehicles are stored at the place of business in accordance with Florida Statute §713.78 without the express written consent of the owner or agent of the vehicle. I)CONTRACTOR willsupply,upon the request of the Fire Department,a minimum of fifteen (15)vehicles peryearfor demolition/training practicesatnocharge,towed toandfrom designated facility. m)CONTRACTOR shall assume all responsibility for damage done to a vehicle towed,ortobe towed, during the performance of the services and/or while the vehicles are stored at the place of business in accordance with Florida Statute §713.78. 2.3 Reporting.CONTRACTORfilesshall contain alist of all vehicles on the premises,copies of all itemized bills,copies of Vehicle Storage Receipts of each vehicle,copies of notices sent to vehicle owners,name,address and telephone number of the individual to who each vehicle was released,proof of mailingas required bylawand this Agreement,and records of payment by customers.Thisfile must be kept current and available fora minimum of three (3)years. Forwarding reports to the Police Department -The CONTRACTOR willbe responsible fora computerized reporting system,to include the majority of information listed below,which is compatible with the software usedby the City of South Miami.This requirement willbefacilitated through the City's IT Department representative. Further,the CONTRACTOR shallbe responsible forforwarding to the Police Department ona monthly basis along with payment the following: (1)Numberedinvoicesforeachandeveryvehicle towed by the authority of the CITY indicatingthe following: a.Date,time call received,time of arrival on scene,time of departure from scene of tow, and time of arrival at tow facilityor owner requested destination. b.South Miami Police Department case number. c.Year,make,and modej of vehicle towed. d.Tag and VIN number e.CONTRACTOR invoice number f.Location of accident g.Destination of tow h.Any additional costs clearly defined i.Date and time vehicle was released j.The name of the person to whom it was released k.The interest of the person to whom it was released,i.e.,owner,lessor,etc. (2)Copies of all City of South Miami Police DepartmentVehicleStorageReceiptsforvehicles released, together with a copy of the completed numbered invoicefor the vehicle released. (3)Alog of tows requested forserviceby the CITY. Towing Services Agreement Page5 of 25 (4)An Impound/Notification log indicating date,time,andmethodof notification tothe registered owner of an impounded vehicle. (5)Itemizedlistofalljunkedvehicleswithauthorizationcopiesattached.Theinformationistobe th forwardedto the Police Department bythe20ofthe following month. 2.4 Right to Cancel The CITY reserves the righttocancelaservice .request of the CONTRACTOR at any time upto the time ofhookup without charge.Such cancellation wouldbe made throughthesamesourcesthatgeneraterequests,as listed inthis Agreement.Cancellation mayalsobe authorized atthescenebya Police Officer.In theevent hookup hastaken place anditis necessary to drop vehicle priorto commencing atow,achargeofthe regular towing rate,according tothe class of tow,maybemade.In theeventanownermaydriveanautomobile,onlyneedingto pull thebumperor fenderaway from the wheel,achargenot exceeding the regular towing rate,according tothe class of tow,may be made,if this service is performed. 2.5StorageAreas All CONTRACTOR storageareasmustconformtoapplicablezoning requirements existing nowandinthefuture.All impounded vehicles andtowing vehicles andequipment at CONTRACTOR storagesiteshallbekeptwithintheconfinesofthe facility andnotuponthe public streetsand/or sidewalks of public property,with the exception of loading and unloading of vehicles. At therequestofthe CITY,for purposes of processing and/or investigation,the CONTRACTOR may be directedtotowa vehicle toa CITY facility.Except for forfeited vehicles,these impounded vehicles will bereleasedtothe CONTRACTOR after processing/investigation hasbeencompleted.There will beno charge tothe CITY for towing and/oranyother services.The CONTRACTOR storageareasmust display identifying signs clearly visible fromthestreet,in conformance with zoning regulation,toenable persons seeking to locate COMPANY,toeasilyidentify same. During normalbusinesshours(8:00amto6:00 pm)MondaythroughSaturday,theownerofstored vehicle ordesignatedrepresentativeby notarized powerofattorney shall be allowed to view vehicle, after "proper documentation"hasbeen provided."Proper documentation"is defined asproperphoto identificationof the individual (driver'slicensepreferred)andregistrationortitleforthevehicle.After thattime,personal propertythatisnot affixed tothe vehicle maybe removed byowner,or designated representative inaccordancewith the DadeCounty Towing Ordinancein Article III ofChapter30ofthe Miami-DadeCountyCode.Any other requests shallremainat the discretion of the CONTRACTOR. Towing Agency shallnotchargeanystorageand/or administrative feeforanownerordesigneeto recover items from stored vehicle. The CONTRACTOR mustprovidesecurityforimpoundedvehicles(storage facilities mustbemanned twenty-four(24)hoursperdaybyanemployeeofthe CONTRACTOR oranauthorizedagentofthe CONTRACTOR)and assume responsibility foranyarticleofvalueleftin the vehicle,whether ornotlisted inthe Vehicle StorageReceiptor Towing Report.The CONTRACTOR agreestoreplaceanysuch article(s) or compensate the insured person uponverificationof the lossby the designated investigativeofficerof the City ofSouth Miami Police Departmentor local agentifthelossoccursoutsidethe City ofSouth Miami. Priortoremoving the vehiclefrom the scene,CONTRACTOR personnel shallverify the inventoryof contents and the vehicleaslistedon the VehicleStorageReceipt and/or TowingReport.Discrepancies shallbe reported immediatelyto the designated investigative officerofthe City ofSouth Miami Police Department. Towing Services Agreement Page 6 of 25 Vehiclesheldfor forfeiture or investigation will onlybe released to the police officer that requested the "HOLD"or to the PoliceChief,if the originalofficeris not available.In addition to the required outside minimum of one hundred (100)storage spaces,the CONTRACTOR must provide a completely enclosed inside storage area for at least five(5)vehicles.Said area must be designed so that itmaybe secured from unauthorized entry when required by the Police Department and willbe restricted to authorized entry when required by the Police Department andwillbe restricted to authorized policeofficialsfor technical processing when required by Storage Area must bewithinfive(5)milesof the CityofSouth Miami Police Department,6130 Sunset Drive,South Miami,FL 33143. CONTRACTOR shall have sufficient personnel to staff the facility Monday through Saturday from 8:00 am to 6:00 pm per day,for the purpose of vehicle viewing,removal of personal property and releasing vehicles to owners,and also agrees to provide for the special release of vehicles twenty-four (24)hours aday,seven (7)days a week at the request ofaCityof South MiamiPolice Department shift commander for emergency purposes only. 2.6 Classes of Tow Trucks/Carriers.The CONTRACTOR must have registered inits name,or be part ofa first party lease,the following classes of tow trucks/car carriers as required by the CITY.The listing of classes is also for clarification of towing equipment groups. Class requirements -Wreckers and SlideBack Carriers shall meet the following minimum ratings: Class "A"Wrecker:Minimum 5 a.Commercially manufactured unit,witha rated capacity of not less than 10,000 pounds,GVW. b.Cab to axle dimension of not less than 56 inches. c.Dual rear wheels. d.Commercially manufactured boom witha minimum capacity of 8,000 pounds. e.Hydraulically operated winch (es)witha minimum total winching capacity of 8,000 pounds. f.One hundred (100)feet of 3/8 inch cable per winch. g.Wheel lift with a retracted rating of not less than 3,500 pounds and an extended rating of not less than 2,000 pounds. h.Tow sling with a safe lift rating of 3,500 pounds. i.Two(2)3/8 inchhigh test safety chains. j.Dolly equipped. k.One (1)motorcycle sling. I.Four-way lug wrench. m.One (1)pair of jumper cables. Class "A"Slide Back Car Carrier:Minimum 2 a.Commercially manufactured unit,with rated capacity of not less than 10,000 pounds, GVW. b.Cab to axle dimension of not less than 102 inches. c.Dual rear wheels. d.Seventeen (17)feet or longer hydraulically operated slidebackoftiltbed. e.Hydraulically operated winch(es)withaminimum total winching capacity of8,000pounds. f.Sixty-five(65)feet of 3/8 inch cable. g.Two(2)tiedownchains,each ten (10)feet inlength. Towing Services Agreement Page 7 of 25 h.Four-way lug wrench. i.One (1)pair of jumper cables. Class "B"Wrecker:Minimum 1 a.Commercially manufactured unit,witharatedcapacityofnotlessthan18,000pounds,GVW. b.Cab to axle dimension of not less than 84 inches. c.Commercially manufactured hydraulic boom(s)witha minimum totalcapacityof 16,000 pounds. d.Hydraulically operated winch (es)witha minimum total winching capacityof16,000pounds. e.Two hundred (200)feet of Yi inch cable per winch. f.Under reachwitharetracted rating ofnotlessthan6,000poundsandanextended rating ofnot less than 4,000 pounds. g.Two(2)5/16 inchallow safety chains, h.Tow bar equipped. i.Two(2)snatch blocks,minimum8,000poundcapacityeach. j.Two (2)scotch blocks. k.Brake lock. I.Six (6)toeight (8)feetofextra towing chain with hooks,minimum 4,000 pounds capacity. m.Four-way lug wrench. n.One (1)pair of jumper cables. Class "B"Slide Back Car Carrier:Minimum 1 a.Commercially manufacturedunit,witharatedcapacityofnotlessthan18,000pounds,GVW. b.Cab to axle dimension of not less than 138 inches. c.Dual rear wheels. d.Twentyone(21)feet orlonger hydraulically operated slidebackortiltbed. e.Hydraulically operated winch witha minimum winching capacity or8,000pounds. f.One hundred (100)feet of 3/8 inchcable. g.Two(2)tiedownchains,each ten (10)feetin length, h.One(1)snatch block,minimum8,000pound capacity, i.Four-way lug wrench. j.One (1)pair of jumper cables. k.Commercial non-restricted licenseplate. Class "C"Wrecker:Minimum 2 a.Commercially manufactured unit,witharatedcapacityofnotlessthan30,00pounds,GVW b.Cab to axle dimension of not less than 144 inches c.Commercially manufactured boom(s)withaminimum capacity of50,000 pounds d.Winch(es)withaminimum total winchingcapacityof50,000pounds e.Two hundred (200)feet of 5/8 inchcable per winch f.*Underreachwitharetractedratingofnotlessthan 25,000 poundsandanextended rating of not less than 12,000 pounds g.Rear support jacks or outriggers h.Two(2)%inchalloy safety chains i.Tow bar equipped j.Externalair hook-up and hoses tosupplyair disabled vehicles Towing Services Agreement Page8of25 k.Two(2)snatch blocks,minimum 24,000 pounds capacity each I.Two (2)scotch blocks m.Spring brake air lock n.Six(6)to eight (8)feet of extra towing chainhooksminimum4,000 capacity *Wheretwo(2)Class "C"wreckers arerequired,atleastone(1)shallbe under reach equipped. Class"D"Wrecker:(inlieu of 2Class"C"Wreckers)Minimum 1 a.Commercially manufactured unit,witha rated capacity of not less than 52,000 pounds,GVW b.Cab to axle dimension of not less than 180 inches c.Commercially manufactured boom(s)witha minimum total capacity of 70,000 pounds d.Hydraulically operated winch (es)with a total winching capacity of 70,000 pounds e.Two hundred (200)feet of %inch cable per winch f.Under reach witha retracted ratingof not less than 45,000 pounds andan extended ratingofnot less than 15,000 pounds. g.Rear support jacks or outriggers h.Towsling with a safe lift rating of 12,000 pounds i.Two Vi inches alloy safety chains j.Tow Bar equipped k.External air hookup and hoses to supply airto disabled vehicles I.Two(2)snatch blocks,minimum 24,000 pounds capacity each m.Two(2)scotch blocks n.Spring brake-air lock o.Six(6)to eight (8)feet of extra towing chainwithhooks,minimum 4,000 pounds capacity 2.7 Additional Required Equipment (1)48'Hydraulic Rollback Tractor-Trailer 102"wide.Minimum 1 (2)1Triaxle Boat Trailer able to haul (1)30'boat.Minimum 1 2.8 Towing Equipment.Proposer shall furnish and maintain all towing equipment as required by the Cityof South MiamiPolice Department throughout the entire Agreement period. 1.1five gallon bucket-oil dry 8.1flashlight 2.Boxes of reflectors 9.2 sets of chains 3.1 push broom 10.1 four-way lug wrench 4.1 square shovel 11.1 pair of jumper cables 5.12 flares 12.1fivegallon trash bucket 6.1pairbold cutters 13.1fire extinguisher (C02dry chem.) 7.1 crow bar 2.9 Definition of Police Tow/Private Tow.Apolice tow is the mandated removalofa vehicle(orvessel)froma particular location,whichis then taken toa pre-determined place,controlled by the Police Department for investigative purposes and said vehicle is not available for immediate release backto the owner or designee.Aprivatetowis the removalofavehicle(orvessel)froma particularlocation,whichis then taken toa pre-determined place,whether atowyard,repair facility, etc.andisavailablefor immediate release backto the owner or designee. Towing Services Agreement Page 9 of 25 Apolice tow is not defined by the means inwhich the contracted tow company receives the callfor service,as the police department makesall requests fortowservicesforrecordkeeping purposes. 2.10 Special Events Towing.ThePolice Department shall have sole discretion in the utilizationof the TowingAgencyforspecial events.Special rates maybe negotiated forspecific events suchas,but not limitedto;Christmas Tree Lighting,Santa Parade of Elves,SouthMiamiArtShow,Volks Blast,etc. 2.11 Inspections.Inspection offacilities and/or equipment shallbe made by members of the City ofSouthMiami Police department.Theseinspectionsshallbemadeatanytime deemed appropriate by the CITY.The CONTRACTOR shallhaveallrequired equipment asdetailedin the Proposal specifications onallvehicles at all times whileengagingintowingservicesfor the CITY. 2.12 Licenses.Permits.The CONTRACTOR must possess all necessary licensesfrom the CITY andany other permits,whichmaybe required to perform business in the CITY.The CONTRACTOR must alsopossessallthelicensesandpermitsnecessaryfrom Miami-Dade County to operate said COMPANY. All licensesandpermitsmustbekeptvalid throughout the termofthisAgreement. 2.13 Personnel Requirements.ThepersonnelofeveryqualifiedContractor (including principals,agentsandemployees)arerequiredtohavea background investigation conductedduringthe hiringprocessandabackgroundcheckannually thereafter,toinclude,priorarrests,warrants anddriver license status.This service will be provided bya private contractoror public agency (Miami-Dade County Police Department,Stateof Florida,etc.),approvedbythe City ofSouth Miami andpaidforbythetow agency.Notification ofanychangeinsuchpersonnelshallbefurnishedtothe City ofSouth Miami Police Department within seventy-two (72)hoursofsuchchange. All drivers must carrya tow truckidentification card/badge on their shirtsatall times. All drivers must wear company uniformswith their nameandcompanynamevisible. 2.14Safety.Proposer will takenecessaryprecautionsand will bearsole responsibility for safetyandadequacyofthemethodsandmeans employed in performing the work.Proposer will,at all times,complywithandprovide the safeguards requiredby the City,Federal,State,andlocallaws,rules andregulationsconcerningOccupationalSafetyandHealthActof1970 (OSHA)allapplicable Florida labor laws,regulationsandstandardsinthe performance of the work.Materials andequipment furnished under the Agreement will conformtoallapplicableprovisionsof OSHA and the associated regulations and standards.Proposer will require these warranties of adherence to OSHA from each subcontractor andsupplieremployedbythe Towing Agency inperformanceofawardedAgreement. 2.15Ethics andConduct Proposer agrees to conduct businessinanorderly,ethical, businesslike manner,andtouseeverymeanstoobtainandkeeptheconfidenceofthemotoring public. 1.Personnel shall conduct themselves ina courteous and professional manner soas not tobring any undue criticism to the City. 2.The owner ofTowingAgencyshallbe responsible for ensuring that all operational personnel shallbe of previous and continuous good moral character. 3.Recommendation of repair facilities is strictly prohibited. 4.Gratuities to any employee of the City of South Miami are prohibited and any violation hereof byaTowingAgencyshall,at the discretion of the City Manager,constitute grounds for the summary and immediate revocation of this Agreement. Towing Services Agreement Page 10 of 25 2.16ComplaintsagainstTowingAgencies/Drivers.In the event acomplaintbya member of the public is filed aboutthe CONTRACTOR,thedepartment receiving the complaint shall notify the City ofSouth Miami Police Departmentand CONTRACTOR.Ifthe complaint isinwrittenform,a copy shall be furnished to CONTRACTOR upon request at nocost. A written replyof the complaint mustbeforwardedtotheCityofSouthMiamiPoliceDepartment, within twenty (2)business days.The complaint shallbe evaluated by the CityofSouthMiamiPolice Department,in conjunction with the City Manager's office,to determine if the complaint shouldbe the basisofsuspensionor termination ofthisAgreement.Files shallbekeptbythe City ofSouth Miami Police Department about the CONTRACTOR'S complaints.The CITY reservestherighttoprohibitthe CONTRACTOR employees from working within the Citylimitsif complaints have been filed. 2.17 Availability of Contractor.The CONTRACTOR shall make all documents available 24 hoursaday,7daysaweek,365daysayear,in order tosatisfy the CITY'S emergency demands for continued,non-interrupted service. III.COMPENSATION 3.1 Basic Compensation.In full consideration of the services of the CONTRACTOR hereunder,the CONTRACTOR shallbepaidby the vehicle owner and/or operator an amount notto exceed the fees provided herein and made a part of the Contract,and shall be the maximum fees chargedto the vehicle owner and/or operator onall City ofSouthMiamiPolice Department originated requests for wrecker services,regardless of whether itwasapolice initiated action (non-consent)or"at the owner's request"(consent). Non-Consent tow rates shallbein accordance withMiami-DadeCountymaximum rates andwillonlybe adjusted by County revisions to these rates. POLICE DIRECTED TOW: TOWING: ClassA-$88.00/Resident $101.00/Non-resident ClassB-$150.00/Resident $165.00/Non-resident ClassC-$200.00/Resident $235.00/Non-resident ClassD-$300.00/Resident $300.00/Non-resident STORAGE: Daily ratesforvehiclestoragearebasedonatwenty-four (24)houraday,eachdaystartingat12:01 a.m.,as follows: Storage:Outdoor vehicle/trailer <=20feet,in24hourincrements after thefirst24hours$20.00 Resident/Non-resident Storage:Indoor vehicle/trailer <=20 feet,in24hour increments after the first24hours$25.00 Resident/Non-resident Towing Services Agreement Page 11 of 25 Storage:Outdoor vehicle/trailer >20 feet,in24 hour increments after the first24 hours $35.00 Resident/Non-resident Storage:Indoor vehicle/trailer >20 feet,in24 hour increments after the first24 hours $40.00 Resident/Non-resident Failure toprovideowner/lienholdernotificationshallvoidanyandallclaimsofstoragechargesbythe TowingAgenciesfor the impoundedvehicle.Towing Agenciesarerequiredtonotifyall out-of-state owner/lienholderwithevery possible goodfaitheffortuponreceiptof ownership/lien holder information that the Towing Agency haspromptlyrequestedfromGovernmental Agencies asstatedin Florida State Statutes. OTHER FEES: Administrative Feeafter24hours:$25.00/Resident-$30.00/Non-residentplusactualfeesfor obtaining ownership information and postage Administrative FeePaidtoCity:$25.00/Resident $30.00/Non-resident Extra Labor/Waiting TimeatScene(except Class Aprivateproperty impounds):afterfirst30minutesin 15 minute intervals: ClassA-$22.00/Resident $24.25/Non-resident ClassB-$37.50/Resident $41.25/Non-resident ClassC-$50.00/Resident $58.75/Non-resident ClassD-$75.00/Resident $75.00/Non-resident PerMileCharge (after first5milespolice directed tows): ClassA-$3.00 Resident/Non-resident ClassB-$3.50 Resident/Non-resident ClassC-$4.50 Resident/Non-resident ClassD-$5.50 Resident/Non-resident NOTE:CITY OF SOUTH MIAMI RESIDENTS ARE DEFINED AS THOSE WITH BOTH A DRIVER'S LICENSE AND VEHICLE REGISTRATION WITH A CITY OF SOUTH MIAMI ADDRESS.IF VEHICLE IS LEASED AND REGISTERED OUTSIDE OF THE CITY OF SOUTH MIAMI,PROOF OF LEASE SHALL BE SUBMITTED WITH THE DRIVER'S LICENSE AS EVIDENCE OF THE CITY OF SOUTH MIAMI RESIDENCY. No fees will bechargedbythe CONTRACTOR forany services (towing and/oranyother services) providedto City ownedvehiclesandequipment within MiamirDade CountyunderSection 2.0,Towing Agency Services/Performance Standards.Forservicesprovidedoutsideof Miami-Dade Countyto City of the City ofSouth Miami vehiclesandequipment,thetowingagencymayonlychargeafeeformileagein accordance with the Section 7.0,TowingRateSchedule.The CONTRACTOR will notchargeanyfeesto the Cityforvehicles stored ininsideor outside storage at the request of the City. 3.2 Expenses.As part of,and in addition to the basic compensation described inthis Agreement,the CITY shall provide the CONTRACTOR withno additional compensation forany services Towing Services Agreement Page 12 of 25 performedin fulfilling the requirements ofthisAgreement.All additional requested expensesmustbe pre-approved through the Director or designee. 3.3 Payments to the CONTRACTOR.The CONTRACTOR shall accept cash,at least 1issued Bank Card,or cashier's checkissuedbya Miami-Dade CountyorBrowardCountybankinpaymentof charges. 3.4 Payments to CITY.The CONTRACTOR shallpayon each and every vehicle towed within the CITY by CONTRACTOR at the request of the CITY an administrative charge of $25.00.Thisfeeshallbe paid to CITY in monthly increments by the 20th ofthe following month.Failure to pay by the 20th ofthe following month will result inan interest penalty of1.5%per month. IV.INDEPENDENT CONTRACTOR AND PROFESSIONAL HOLD HARMLESS PROVISIONS 4.1 Independent Contractor and Professional.The CONTRACTOR acknowledges entering into this Agreement as an independent Contractor,and that the CONTRACTOR shall therefore be responsible for the deposit and payment ofanyFederal Income Taxes,FICA,Unemployment Taxesor anysimilar fees or taxes that become due,andshallbe responsible for the collectionand payment ofall withholdings,contributions and payroll taxes relatingto CONTRACTOR'S services,or those of employees of the CONTRACTOR.The CITY shall not withholdfrom sums payableto the CONTRACTOR,any amount whatsoever for Federal Income Taxes,FICA,Unemployment Insurance Taxesoranysimilar fees ortaxes. The CONTRACTOR,their employees or agents,will not be considered an employee of the CITY or entitled to participate in plans,distributions,arrangements or other benefits extended to the CITY employees. 4.1.1 Agency.Nothing herein shallimply or shallbe deemed to implyan agency relationship between the CITY and CONTRACTOR. 4.1.2 Contractor warrants that itfully complies with all Federal statutes and regulations regarding the employment of undocumented workers and others and that all employees performing work under this Agreement meet the citizenship or immigration status requirements set forth in Federal statutes and regulations.Contractor shall indemnify,defend,andhold harmless City,its officers and employees fromand against any sanctions andany other liabilitywhichmaybe assessed against Contractor or Cityin connection with any alleged violation of any Federal statutes or regulations pertaining to the eligibility for employment of any persons performing work hereunder. 4.1.3The employees and agents ofeachparty,shallwhileon the premises of the other party, complywithallrulesand regulations of the premises,including,butnotlimitedto,security requirements. 4.2Indemnificationand Hold Harmless.Tothefullest extent permitted bylawsandregulations, theContractorshalldefend,indemnify,andholdharmlessthe City,its commissioners,attorneys, administrators,Contractors,agents,and employees fromandagainstallclaims,damages,losses,and expenses direct,indirect,or consequential (including butnotlimitedtofeesandchargesof attorneys and other Contractorsandcourtandarbitrationcosts)arising outoforresultingfromtheperformance oftheworkandcausedinwholeorinpartbyeither (i)any willful,intentional,reckless,ornegligentact oromissionofContractor,any sub-consultant,oranypersonororganizationdirectlyorindirectly employedbyanyofthemtoperformorfurnishanyoftheworkoranyoneforwhoseactsanyofthem Towing Services Agreement Page 13 of 25 may be liable,regardless of whether or not itis caused in part bya party indemnified hereunder and regardless of the negligence of any such indemnified party,or (ii)any willful,intentional,reckless,or negligent act or omission ofanyindividualor entity not a party tothis agreement.The parties expressly agree that this provisionshallbe construed broadly,and Contractor's obligations topayfor the City's legal defense hereunder shall arise andbefully enforceable when Contractor (orany sub-consultant or any person or organization directly or indirectly employed by Contractor)is alleged to have acted willfully,intentionally,recklessly,or negligentlyin the performance of the work required under this Agreement,regardless of whether the City or anyof the City's officers,agents,or employees are also allegedtobe at fault.Anyfailureof Contractor tocomplywith the terms ofthisprovisionshallbe deemed a material breach of this Agreement andmay subject Contractor to debarment from consideration for future award ofcity contracts pursuant toSection2-952(4)of the Cityof South Miami Code of Ordinances. 4.2.1 Inanyandallclaims against the Cityoranyofits consultants,agents,or employees byany employee of CONTRACTOR,any subconsultant,anypersonororganizationdirectlyorindirectly employed byanyof them to perform orfurnishanyof the workor anyone forwhoseactsanyof them maybeliable,theindemnificationobligationundertheaboveparagraphshallnotbelimitedinanyway byanylimitationon the amount ortypeofdamages,compensation,orbenefitspayablebyorfor CONTRACTOR or any such subconsultant or other person or organization under workers'or workman's compensation acts,disability benefit acts,or other employee benefit acts.Moreover,nothinginthis Indemnification and Hold Harmless provision shallbeconsideredtoincreaseorotherwisewaiveany limitsof liability,ortowaiveanyimmunity,establishedby Florida Statutes,caselaw,orany other source of law. V.INSURANCE 5.1 Without limiting CONTRACTOR'S indemnificationof the CITY,andduring the term ofthis Agreement,CONTRACTOR shallprovideandmaintainatitsown expense the belowdescribedprograms ofinsurance.Suchprogramsandevidenceofinsuranceshallbesatisfactorytothe CITY andshallbe primarytoandnot contributing withany other insuranceorself-insuranceprogrammaintainedbythe CITY.Certificates or other evidence of coverage shallbe delivered to: City of South Miami Attn:Human Resources Director 6130 Sunset Drive South Miami,FL 33143 Such certificates or other evidence of coverage shallbedeliveredpriorto commencing performance under this Agreement,andshallspecificallyidentifythis Agreement,andshall contain the express condition that the CITY istobegiven written notice,by receipted deliver,atleast thirty (30)daysin advance of any cancellation,non-renewal or material change ofany insurance policy. 5.2 The CONTRACTOR shall maintain during the terms,except as noted,of this Agreement the following insurance: a.Comprehensive General Liability Insurance or the equivalent coverage contained within a Garage Liability policy with broad form endorsement or equivalent,including automobile liability,completed operations and products liability,contractual liability,severability of interests with cross liabilityprovision,and personal injuryand property damage liabilitywithlimitsnoless than $1,000,000peroccurrenceforbodilyinjuryandpropertydamage,and$2,000,000intheaggregate. Towing Services Agreement Page 14 of25 Said policy or policies shall name the CITY asan additional insured on a primary and non-contributory basis and shall reflect the hold harmless provision contained herein. b.Worker's Compensation Insurance for all employees of CONTRACTOR as required by Florida Statutes Section 440,and employer's liability insurance withlimits not less than,$1,000,000. c.Business Automobile Liability Insurance or the equivalent coverage contained within a Garage Liability policy covering all owned,non-owned and hired vehicles used in connection with the performance of the work inan amount not less than $1,000,000 combined singlelimit per occurrence for bodily injury and property damage. e.Garage Keepers LegalLiability Coverage inan amount not less than $100,000 for each Auto and $500,000 for each location. f.OnHookLiability Coverage withaminimumlimitof $100,000. g.Other for increased amounts of)Insurance which CITY shall from time to time deem advisable or appropriate.Such new or additional insurance to be effective as of the sooner of ninety (90)days after notice thereof or the next annual renewal of any policy being increased (as applicable). h.All policies shall contain waiver of subrogation against CITY where applicable,and shall expressly provide that such policy or policies are primary over any other collective insurance the CITY may have. i.All of the above insurance is to be placed with insurance companies with anA.M.Best KeyRating Guide,latest edition,or equivalent rating of "A-","VI"or better,qualified to do business under laws of the State of Florida.The CONTRACTOR shall maintain coverage with equal or better rating as identified herein for the term of the contract. j.The CITY shall be named asan additional insured ona primary and non-contributory basis under such policies.Said policies shall contain a "severability of interest or "cross liability"clause without obligation for premium payment of the CITY.The CITY reserves the right to request a copy of required policies for review. k.All insurance policies shall provide for thirty (30)days advance written notice to CITY prior to cancellation,non-renewal or material change [ten (10)days written notice for non-payment of premium]. I.The CONTRACTOR shall furnish Certificates of Insurance to the Risk Management Division of the Human Resources Department,for review and approval,prior to the commencement of operations or policy termination,which certificates shall clearly indicate that the CITY is named asan additional insured on a primary and non-contributory basis and that the CONTRACTOR has obtained insurance in the type,amount and classification required for strict compliance with this Section and that no material change,cancellation or non-renewal of this insurance shallbe effective without thirty (30) days [ten (10)days for non-payment of premium]advance written notice to the CITY. m.The CONTRACTOR shall furnish copies of insurance policies pertaining to this Agreement to the Risk Management Division of the Human Resources Department within ten (10)daysof written request. Towing Services Agreement Page 15 of 25 5.3Breach.Failureon the partofthe CONTRACTOR toobtainandmaintainallrequired insurancecoverageisamaterialbreachupon which the CITY may,initssolediscretion,immediately suspend CONTRACTOR'S performanceor terminate thisAgreement (Termination forDefault13.1). VI.SOVEREIGN IMMUNITY 6.1 Sovereign Immunity.The CONTRACTOR acknowledges that the FloridaDoctrineof SovereignImmunitybarsallclaimsby CONTRACTOR againsttheCity other thanclaimsarising out ofthis Agreement.Specifically,the CONTRACTOR acknowledges that it cannot and will not assert anyclaims againstthe City,unless the claimisbaseduponabreachbythe City ofthisAgreement.The CONTRACTOR acknowledges that ithasnorightand will notmakeaclaimbaseduponanyofthe following: a)Claims baseduponan alleged breachbythe City of implied warrantiesorrepresentations not specifically set forthinthis Agreement,as the Parties stipulate that there arenosuch implied warranties or representations of the City.All obligationsofthe City areonlyasset forth in this Agreement. b)Claimsbaseduponnegligenceorany tort arising out ofthisAgreement. c)Claims baseduponallegedactsor inaction byany City employeeoragentofthe City. d)Claims baseduponanallegedwaiverofanyofthetermsofthisAgreementunlesssuch waiverisinwritingandsignedbyanauthorized representative for the City andthe CONTRACTOR. VII.STANDARD OF CARE 7.1 Degree of Care.The CONTRACTOR shallexercise the same degree ofcare,skill,and diligence intheperformanceoftheservicesasis ordinarily provided byacomparable professional under similarcircumstancesandthe CONTRACTOR shall,atnoadditionalcosttothe CITY,re-perform services whichfailto satisfy the foregoing standard of care. 7.2 Warranty.The CONTRACTOR warrants that allservicesshallbe performed byskilledand competent personnel to the highest professional standards in the field. 7.3KeyStaff.Thepartiesacknowledge that the CONTRACTOR wasselectedby the City,in part,onthebasisofthequalificationsofparticularstaffidentifiedinthe CONTRACTOR'S responsetothe City'ssolicitation.The CONTRACTOR shallensure that thisstaffis available forworkhereunderaslong as the staff isin the CONTRACTOR'S employ. 7.4 Suspension Procedures.CONTRACTOR maybe suspended forany violation of the provisionsofthis Agreement,whichin the solediscretionof the CITY maybecauseforsuchsuspension as follows: a)1st violation-upto7days b)2nd violation -upto14 days c)3rd violation -City Manager may terminate this agreement. VII.FEDERAL/STATE/LOCAL LAWS 8.1 EEO and ADA.The CONTRACTOR must be and remain in compliance with alllocal,state and federal Equal Employment Opportunity (EEO)andAmericanDisabilitiesAct (ADA)requirements. Towing Services Agreement Page 16of25 8.2 Discrimination.Itis understood that the CONTRACTOR shall not discriminate against any employee in the performance or the contract with respect to hire,tenure,terms,conditions or privileges of employment,or any other matter directly or indirectly related to employment because of age,marital status,race,color,religion,national origin,sex,or disability. 8.3 CITYPolicy Regarding Conduct.The CONTRACTOR,their employees,agents and subcontractors must abide by the CITY'S policies regarding conduct.Discrimination,harassment,and/or violations of CITY policies will not be tolerated and are grounds for termination of the contract without harm to the CITY or its employees. 8.4 Aliens.The CONTRACTOR warrants that fully complies with all Federal statutes and regulations regarding the employment of aliens and others and that all employees performing work under this Agreement meet the citizenship or alien status requirements set forth in Federal statutes and regulations.CONTRACTOR shall indemnify,defend,andhold harmless CITY,itsofficersand employees fromand against any sanctions andany other liabilitywhichmaybe assessed against CONTRACTOR or CITY in connection withany alleged violation ofany Federal statutes or regulations pertaining to the eligibilityfor employment of any persons performing work hereunder. 8.5 Premises.The employees and agents of each party,shall while on the premises of the other party,complywithallrulesand regulations of the premises,including,but not limitedto,security requirements. VIII.CONFLICT OF INTEREST 8.1 The CONTRACTOR represents that ithas provided alist of all current clients subject to the jurisdiction of the CITY.Any potential or actual conflict between private interests and responsibilities under this Agreement shall be immediately disclosed to the CITY.The CONTRACTOR agrees that itwill not enter into any agreements during the term of this Agreement to provide services forany person or corporation who applies fora permit or other development approval from the CITY. Upon request of the CONTRACTOR,andfull disclosure of the nature and extent of the proposed representation,the City Manager shallhave the authority to authorize such representation during the term of this Agreement. IX.CONFIDENTIALITY 9.1 No reports,information,computer programs,documentation,and/or data giventoor prepared or assembled by the CONTRACTOR under this Agreement shallbemadeavailabletoany individualor organization by the CONTRACTOR without prior written approvalof the CITY. X.OWNERSHIP OF DOCUMENTS 10.1 All right,title,and interest inandtoallwork performed under this Agreement,including without limitations all schematics,designs,plans,specifications,documents,records,disks,or other information (including electroniccopies)producedordevelopedbythe CONTRACTOR or subconsultants,shallbecomethepropertyofthe CITY foritsuse and/or distributionasmaybedeemed appropriate by the CITY;provided that anymaterialsusedbythe CONTRACTOR andany subconsultants for which a patent orcopyrightprotectionhas previously beensecuredbythemshallremainthe property of the CONTRACTOR or subconsultants. Towing Services Agreement Page 17 of 25 10.2 The CITY shallhave the righttovisit the sitefor inspection of the workand the products the CONTRACTOR atanytime.The CONTRACTOR shallbe permitted toretaincopies,including reproducible copies,solely for information and reference in connection with the CITY's use. 10.3 To the extent allowed bylaw,the CONTRACTOR shall not divulge,furnish ormake available toany third person,firmor organization,without the CITY's prior written consent,orunless incident to the proper performance of the CONTRACTOR'S obligations hereunder,orin the course of judicial or legislative proceedings where suchinformationhasbeenproperly subpoenaed,anynon public concerning the services to be rendered by the CONTRACTOR hereunder,and CONTRACTOR shall require allofits employees,agents,subconsultants,and subcontractors tocomplywith the provisionsof this paragraph. XI.TRUTH-IN-NEGOTIATION CERTIFICATE 11.1 Execution of this Agreement by the CONTRACTOR shall act as the execution of a truth- in-negotiationcertificatecertifying that the wageratesandcostsusedto determine the compensation providedforinthis Agreement are accurate,complete,and current asof the date of the Agreement. 11.2 Thesaid rates and costs shallbe adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased dueto inaccurate,incomplete,or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants.The CITY shall exercise itsrights under this "Certificate"within one (1)year following payment. XII.NOTICE 12.1 Any notice,request,instruction or other document required or permitted tobegiven hereunder by either party hereto tothe other shallbeinwriting,anddeliveredpersonally,orsentby certified or registered mail,postage prepaid,return receipt requested,to the address set forth forsuch partyat the bottom ofthisAgreement.Any noticesogivenshallbe deemed receivedwhenpersonally deliveredor three (3)calendar days after mailing.Anypartymaychange the address towhichnotices are tobe sent bygiving notice ofsuch change of address to the other party in the manner herein provided forgiving notice.Notice as the City of South Miamishallbe to: City Manager City of South Miami 6130 Sunset Drive South Miami,FL 33143 cc:City Attorney Notice as to CONTRACTOR shall be to: Downtown Towing,Inc. 2418 N.Miami Avenue Miami,FL 33127 Attention:Dagmar Del Rosal XIII.TERMINATION 13.1 Termination by City for default.CITY may,by written notice to CONTRACTOR,terminate the whole or any part of this Agreement if,in the judgment of the City Manager: Towing Services Agreement Page 18of25 a)CONTRACTOR has materially breached any portion of this Agreement; b)CONTRACTOR failsto timely provide and/or satisfactorily perform any task,deliverable, service,or other work required under this Agreement; c)CONTRACTOR has assigned or delegated its duties or subcontracted any performance of this Agreement without prior written consent by the CITY; d)Insolvency of CONTRACTOR.CONTRACTOR shall be deemed insolvent ifit has ceased to pay its debts for at least sixty(60)days in the ordinary course of business,whether or not a petition has been filed under the Federal Bankruptcy Code and whether or not the CONTRACTOR is insolvent within the meaning of such laws; e)There has been afilingofa voluntary or involuntary petition regarding CONTRACTOR under the Federal Bankruptcy Code; f)There has been the appointment of a Receiver or Trustee for the CONTRACTOR; g)There has been an execution by CONTRACTOR of a general assignment for the benefit of creditors; h)CONTRACTOR fails to obtain or maintain insurance and the ten thousand dollar ($10,000)Irrevocable LetterofCreditherein required. 13.1.1 Return of Payments.Upon the occurrence of a default hereunder,all payments, advances,or other compensation paidby the CITY to the CONTRACTOR while the CONTRACTOR was in default shallbe immediately returned to the CITY. 13.1.2 Expenses.The CONTRACTOR shallbeliable to the CITY forall expenses incurred by the CITY in preparing and negotiating this Agreement,aswellasall costs and expenses incurred by the CITY in the re-procurement of the services,including consequential and incidental damages. 13.1.3 Obligations to City.The CONTRACTOR agrees that termination ofthis Agreement under thissectionshall not release the CONTRACTOR fromanyobligationaccruingpriorto the effective date of termination. 13.1.4 No default.If,after CITY hasgivennoticeof termination under the provisions hereunder,itis determined by CITY that CONTRACTOR wasnotindefaultunder these provisions,or that the defaultwasexcusable under these provisions,therightsandobligationsofthepartiesshallbethe sameasif the noticeof termination hadbeenissued pursuant toParagraph13.2(Terminationfor Convenience). 13.1.5 Non-exclusive.Therightsand remedies of CITY providedinthis Paragraph 13.1arenon exclusive and cumulative. 13.2 Termination for Convenience.This Agreement maybe terminated when such action is deemedby CITY tobeinitsbestinterest.Terminationshallbeeffectedbydeliveryto CONTRACTOR ofa noticeof termination specifying the extent towhich performance ofAgreementis terminated andthe dateupon which suchterminationbecomes effective,which shall benolessthanten (10)daysafterthe notice is sent. 13.3 Termination with or without cause.ThisAgreementmaybe terminated bythe CITY, withorwithoutcause.Termination shall beeffectedby delivery to CONTRACTOR ofathirty (30)day writtennoticeoftermination specifying theextentto which performanceoftheAgreementis terminated and the date upon which such termination becomes effective. Towing Services Agreement Page 19 of 25 13.4Contractor's responsibilities.Afterreceiptofa Termination Notice,andexceptas otherwise directed by the CITY,the CONTRACTOR shall: a)Stopworkon the date andto the extent specified. b)Terminateand settle ordersand subcontracts relatingtotheperformanceofthe terminated work. c)Transfer allworkinprocess,completed work,and other material related to the terminated work to the CITY. d)Continue to complete all parts of the work that have not been terminated. 13.5 Payments for work performed.After receipt ofa notice of termination,the CONTRACTOR shallsubmitits termination claim and invoice to CITY,intheformandwithany certificationsasmaybeprescribedby CITY.Such claim and invoice shallbesubmitted promptly,butnot laterthan three (3)monthsfrom the effectivedateoftermination.Upon failureby CONTRACTOR to submitits termination claimandinvoicewithinthetimeallowed,CITY may determine onthebasisof theinformationavailabletothe CITY,theamount,ifany,dueto CONTRACTOR inrespecttothe termination,andsuchdeterminationshallbe final.Whensuchdeterminationismade,CITY shallpay CONTRACTOR the amount so determined.The CONTRACTOR shallhavenorecourseorremedyfroma termination madeby the CITY except toretainthefees earned fortheservices that wereperformedin complete compliancewiththisAgreementas full and final settlement ofanyclaim,action,demand, cost,or charge. 13.6 Termination by Contractor.This Agreement maybe terminated by the CONTRACTOR uponsixty(60)dayspriorwrittennoticetothe CITY intheeventofsubstantialfailurebythe CITY to performinaccordancewith the terms of the Agreementthroughnofaultof the CONTRACTOR. 13.7 Contractor's warranty.The CONTRACTOR warrants that ithasnot employed or retained any company or person,other than a bone fide employee working solelyfor the CONTRACTOR to solicit orsecurethis Agreement and that heorshehasnotpaidoragreedtopayany person,company, corporation,individual,or firm,other than a bone fide employee workingsolelyfor the CONTRACTOR, anyfee,commission,percentage,gift,or other compensationcontingentuponorresultingfromthe award or making of this Agreement. 13.8 Documents.Upon termination ofthis Agreement,all schematics,designs,plans, specifications,documents,records,disks,or other information(includingelectroniccopies)produced or developed by the CONTRACTOR or subconsultants,whether finishedornot,shall become CITY property. Failureto timely deliver the documentation shallbe cause to withhold any payments due without recourse by the CONTRACTOR until all documentation is delivered to the CITY. XIV.UNCONTROLLABLE FORCES 14.1 Neither the CITY nor CONTRACTOR shall be considered to be in default of this Agreement if delays in or failure of performance shallbe due to Uncontrollable Forces,the effect of which,by the exercise of reasonable diligence,the nonperforming party could not avoid.The term "Uncontrollable Forces"shall mean any event which results in the prevention or delay of performance bya party ofits obligations under this Agreement andwhichis beyond the reasonable control of the nonperforming party.It includes,but is not limited to,fire,flood,earthquake,storm,lighting,epidemic, war,riot,civil disturbance,sabotage,and governmental action. Towing Services Agreement Page 20 of 25 14.2 Neither party shall,however,be excused from performance if nonperformance is due to forceswhichare preventable,removable,or remediable,andwhich the nonperforming partycould have,with the exercise of reasonable diligence,prevented,removed,or remedied with reasonable dispatch.The nonperforming party shall,withina reasonable timeofbeing prevented ordelayedfrom performance byan uncontrollable force,give written noticetothe other partydescribingthe circumstances and uncontrollable forces preventing continued performance of the obligations ofthis Agreement. XV.AUDITS 15.1 Financial records.The CONTRACTOR shall maintain accurate and complete financial records ofitsactivitiesand operations relatingtothis Agreement in accordance with generally accepted accounting principles.CONTRACTOR shall maintain adequate records tojustifyall charges andcosts incurred in performing the services for at least three (3)years after completion of this Agreement. CONTRACTOR shallalso maintain accurate and complete employment and other records relatingtoits performance ofthis Agreement.CONTRACTOR agrees that CITY,orits authorized representatives,shall haveaccesstoand the rightto examine,audit,excerpt,copyor transcribe any pertinent transaction, activity,or records relating to this Agreement.All financial records,timecards and other employment records,and proprietary data and information shallbe kept and maintained by CONTRACTOR and made availableto the CITY during the terms ofthis Agreement andforaperiodof three (3)years thereafter unless CITY'S written permission isgiventodisposeofanysuch material priortosuch time.All such materialsshallbe maintained by CONTRACTOR atalocationin Miami-Dade County,Florida,provided that ifanysuch material is located outside Miami-DadeCounty,then,at CITY'S option CONTRACTOR shallpay CITY fortravel,perdiem,and other costsincurredby CITY toexamine,audit,excerpt,copyor transcribe such material at such other location.The CITY shallhave access tosuchbooks,records,and documents asrequiredinthissectionfor the purposeofinspectionorauditduringnormal working business hours at the CONTRACTOR'S place of business. 15.2Copies of audits.In the event that an audit is conducted by CONTRACTOR specifically regardingthis Agreement byanyFederalorStateauditor,or byanyauditoror accountant employedby CONTRACTOR,then CONTRACTOR shallfileacopyof the audit report with the CITY'S Auditorwithin thirty(30)daysof CONTRACTOR'S receipt thereof,unless otherwise providedbyapplicableFederalor State law.CITY shallmakea reasonable effort tomaintain the confidentialityofsuchauditreport(s). 15.3Breach.Failureon the part of CONTRACTOR tocomplywith the provisionsofthis Paragraph15.1shall constitute amaterialbreachuponwhichthe CITY may terminate orsuspendthis Agreement. 15.4City Audit Settlements.If,atanytimeduringor after the term ofthisAgreement, representatives of the CITY conduct anauditof CONTRACTOR regarding the work performed underthis Agreement,and if the audit finds there isan overpayment to the Contractor,the Contractor is obligatedtoreimburse the Cityforfunds improperly billed toand paid bythe City tothe CONTRACTOR,thenthedifferenceshallbeeitherrepaidby CONTRACTOR to CITY bycashpaymentupon demandor,at the soleoptionof CITY,deducted fromany amounts dueto CONTRACTOR from CITY.If such audit finds that CITY'S dollar liability for such work ismorethanthe payments madeby CITY to CONTRACTOR,then the differenceshallbepaidto CONTRACTOR bycashpayment. XVI.MISCELLANEOUS Towing Services Agreement Page 21 of 25 16.1 Modification.This agreementmaynotbeamendedor modified unless in writing and signed by both parties. 16.2 Assignment and subcontracting.This Agreement and the rightsof the CONTRACTOR and obligations hereunder may notbe transferred,pledged,sold,assigned,or delegated bythe CONTRACTOR without the express prior written consent of the CITY via executed amendment.Itis understood thatasaleofthe majority ofthe stock or partnership sharesofthe CONTRACTOR,a merger or bulk sale,an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment orsale hereunder requiringpriorto CITY approval. 16.2.1 Anytransfer,pledge,sale,assignment,ordelegationwithoutsuchexpresspriorwritten consentshallbe null andvoidandshallconstituteamaterialbreachofthisAgreement,upon which the CITY may immediately terminatethe Agreement in accordance withthe provisions of paragraph 13.1 (Termination by Default).The CITY may assign its rights,togetherwithits obligations hereunder. 16.3Availability of funds.The obligations ofthe CITY underthisAgreementaresubjectto the availability offunds lawfully appropriatedforitspurposebythe City Commission. 16.4 Compliance with laws.In performance ofthe services,the CONTRACTOR will comply with applicable regulatory requirements,including federal,state,special district,and local laws,rules, regulations,orders,codes,criteria,andstandards.Itshallbethe responsibility ofthe CONTRACTOR to obtainand maintain,atnocosttothe CITY,anyand all license and permits required tocompletethe services provided pursuant to this Agreement. 16.5 Conflict ofInterest.CONTRACTOR covenantsthatnoperson employed bythe CONTRACTOR whichexercisesanyfunctionsor responsibilities inconnectionwiththisAgreementhas anypersonalfinancial interests directorindirectwiththe CITY.CONTRACTOR further covenantsthat,in the performance ofthis Agreement,no person having a conflicting interest shall be employed.Any such interests onthepartof CONTRACTOR oritsemployeesmustbedisclosedinwritingto CITY. 16.5.1 CONTRACTOR is aware of the conflictof interest code of the Cityof South Miami,the Conflict ofInterestand Code of Ethics of Miami-Dade County,Florida,Section 2-11.1 etseq.,andthe Ethics Laws of the Stateof Florida,andagrees that itshall fully complyinallrespectswiththetermsof said laws. 16.6 Federaland State taxes.The CITY is exempt fromFederalTaxand State SalesandUse Taxes.Upon request,the CITY will provide an exemption certificate to the CONTRACTOR.The CONTRACTOR shallnotbe exempted frompayingsalestaxtoitssuppliersformaterialsto fulfill the contractual obligations with the CITY,nor shall the CONTRACTOR be authorized to use the CITY'S Tax Exemption Number in securing such materials. 16.7 Entirety of agreement.The CITY and the CONTRACTOR agree that this Agreement,as amended from time to time,sets forth the entire agreement between the parties,and that there are no promises or understandings other than those stated herein.This Agreement supersedes allprior agreements,contracts,proposals,representations,negotiations,letters,or other communications, written or oral,between the CITY and the CONTRACTOR pertaining to the services.None of the provisions,terms,and conditions contained inthis Agreement maybe added to,modified,superseded, or otherwise altered,except by written instrument executed by the parties hereto. Towing Services Agreement Page 22of25 16.7.1 Thefollowing documents aremadeanintegral part ofthis Agreement: Request for Proposal; Performance and Payment Bonds (when applicable); Insurance Certificates and related documents; Response to Request for Proposal of CONTRACTOR. 16.8 Counterparts.ThisAgreementmaybe executed simultaneouslyinseveral counterparts,each ofwhichwillbeanoriginal,but allofwhich together will constitute one and the same instrument. 16.9 Waiver.A waiver by either the CITY or the CONTRACTOR ofanybreachofthis Agreementshallnotbebindinguponthe waiving partyunlesssuchwaiverisin writing.Intheeventofa written waiver,suchawaiver shall notaffectthe waiving party's rights withrespecttoanyotheror furtherbreach.The making oracceptanceofapaymentbyeitherpartywith knowledge ofthe existence ofadefaultorbreach shall notoperateorbe construed tooperateasa waiver ofanysubsequent default or breach. 16.10 Severability,survival.Ifanyprovisionofthis Agreement isfoundtobevoidand unenforceablebyacourtof competent jurisdiction,the remaining provisions ofthisAgreement shall neverthelessbebindinguponthepartieswiththesameeffectasthoughthevoidorunenforceable provision had been severed and deleted. 16.11 Governing lawand venue.This Agreement shallbe governed and construed in accordance withthelawsoftheStateof Florida.Any andall legal action necessary toenforcethe Agreement will beheldin Miami-Dade County,andtheAgreement will beinterpreted according tothe laws of Florida. 16.12Priority of provisions.The invalidity,illegality,orunenforceabilityofany provision of this Agreement,orthe occurrence ofanyevent rendering any portion or provision ofthis Agreement void,shall innowayeffectthe validity or enforceability ofanyother portion or provision ofthe Agreement.Anyvoidprovisionshallbe deemed severedfromtheAgreement,and the balanceofthe Agreement shall beconstruedandenforcedasifthe Agreement did not contain the particular portion or provision held tobe void.Thepartiesfurtheragreeto reform the Agreement to replace any stricken provision with a valid provision thatcomesas close as possible totheintentofthe stricken provision. 16.12.1 The provisions ofthis section shall notpreventtheentire Agreement from being void shoulda provision,whichisoftheessenceoftheAgreement,be determined tobevoid. 16.13Timeisofthe Essence.The CONTRACTOR agreestostart all work andto complete each assignment,task,or phase within thetime stipulated in this Agreement (including all attachments).If any anticipated or actual delays arise,CONTRACTOR shall immediately so notify the CITY.Regardless of notice if services or deliveries arenot made atthetime agreed upon,the CITY may,atits sole discretion, terminatethis Agreement andproceedpursuantto Paragraph 13.1 (Termination by Default). 16.14Joint preparation.Preparation ofthis Agreement hasbeenajointeffortofthe CITY and the CONTRACTOR andthe resulting document shall not,solely asa matter of judicial construction,be construedmoreseverelyagainstoneofthepartiesthananyother. Towing Services Agreement Page 23 of 25 16.15 Headings.The headings contained in this Agreement arefor reference purposes only andshallnotaffectthemeaningorinterpretationoftheAgreement. XVII.CONFLICT OF INTEREST 17.1 The CONTRACTOR represents thatithas provided a list of all current clients subject to the jurisdiction ofthe CITY.Any potential or actual conflict between private interests and responsibilitiesunderthisAgreementshallbeimmediatelydisclosedtothe CITY.The CONTRACTOR agrees thatit will notenterintoany agreements during thetermofthis Agreement to provide services for any person or corporation who applies fora permit orother development approval from the CITY. Upon requestofthe CONTRACTOR,and full disclosure ofthe nature andextentofthe proposed representation,the City Manager shall have the authority to authorize such representation during the term of this Agreement. XVIII.FLORIDA PUBLIC RECORDS LAW, FLORIDA STATUTES CHAPTER 119,et seq. 18.1 CONTRACTOR and all ofits subcontractors are required to comply with the public recordslaw (s.119.0701)while providing goods and/or Servicesonbehalfofthe CITY andthe CONTRACTOR,undersuch conditions,shall incorporate this paragraph inallofitssubcontractsforthis Project.Records subject tothe provisions of Public Record Law,Florida Statutes Chapter 119,shall be kept and maintained in accordance with such Statute.Contractor acknowledges that records and books, not subject to exemption under Chapter 119,may be disclosed and/or produced to third parties by the City in accordance with requests submitted under Chapter 119 orcourt orders without penalty or reprisal tothe City for such disclosure and/or production.Contractor also agrees to assert,in good faith, any relevant exemptions provided forunder Chapter 119for records inits possession on behalf ofthe City.Furthermore,Contractoragreesto comply withthe provisions outlinedinSection119.0701ofthe Florida Statutes,therequirementsof which are incorporated herein. XIX.WAIVER OF TRIAL BY JURY 19.1 THEPARTIESTOTHISAGREEMENT HEREBY AGREETOEXHAUSTALLADMINISTRATIVE REMEDIES BEFORE FILING ALAWSUITIN CIVIL COURT TO RESOLVE THE DISPUTE.CITY AND CONTRACTOR HEREBY KNOWINGLY,IRREVOCABLY,VOLUNTARILY AND INTENTIONALLY WAIVEANY RIGHT EITHER MAY HAVE TOA TRIAL BY JURY IN RESPECT OF ANY ACTION,PROCEEDING OR COUNTERCLAIM BASED UPON THE CONTRACT DOCUMENTS,OR ARISING OUT OF,UNDER,OR IN CONNECTION WITH,THE CONSTRUCTION OF THE WORK,OR ANY COURSE OF CONDUCT,COURSE OF DEALING,STATEMENTS (WHETHER VERBAL OR WRITTEN),OR ACTIONS OF ANY PARTY. IN WITNESS WHEREOF,thepartieshaveexecutedthis Towing ServiceAgreementonorpriorto theday,monthandyearfirstabovewrittenbythe City Clerk onthedayofattestation. Downtown Towing,Inc Print name:KQO ^P£^(via ^V /v #Print name &Title:/: ATTESTED:CITY OFSOUTHMIAMI Towing Services Agreement Page 24of25 Signature: Maria Menen City Clerk Read and ApoKftfeETajs to Form,Lar Legality ajxTtXecutigri Thereof: 5tevej>Afexander jty Manager Towing Services Agreement Page25 of 25 CITY OF CORAL GABLES FINANCE DEPARTMENT /PROCUREMENT DIVISION ACKNOWLEDGEMENT (ADDENDUM -BID/PERFORMANCE BOND) Proposal Number &Title: Request forProposal#2013.02.22 Towing Services UserDepartment: Police Department Proposer Opened/Received by:P.Katsaris/M.Gomez Pre-Proposal Conference March 1,2013 10:00 am (Non Mandatory) Contact Person: Major Ed Hudak Proposal Opening Date March 22,2013 2:00pm Procurement Division Contact Information Phone:(305)460-5413 Submitted Bid Bond / Performance Bond / Security Deposit (5%L TOWING SERVICES RFP 2013.02.22 EVALUATION COMMITTEE RESULTS SELECTION CRITERIA PROPOSERS Committee:P.Chircut,S.Masington,M.Miller Maximum Points SUNSHINE TOWING DOWNTOWN TOWING SOUTHEAST TOWING SOUTHLAND TOWING Proposerand Staff Qualifications andExperience(25Points)75 61 75 53 68 Towing Equipment (25 Points)75 60 67 47 69 Storage Facility(25 Points)75 54 69 42 62 Site Visit (15Points)45 38 39 25 42 References (10Points)30 30 26 10 27 Raw Score (Total)243 276 177 268 Average Score 81 92 59 89 City of Coral Gables CITY COMMISSION MEETING July 23,2013 ITEM TITLE: H-4 Resolutionacceptingthe recommendation oftheChiefProcurementOfficertoawardDowntownTowing,Inc.,the towing services contract pursuant to Section 2-828 entitled "Contract Award"of the Procurement Codeand RequestforProposal(RFP)2013.02.22 foraninitialtwo(2)yearperiodwithanoptiontorenewforthree(3) additionalone(1)yearperiods;furthersettingthe attached proposedtowingratesrelatedthereto. DEPARTMENT HEAD RECOMMENDATION: |Approval. BRIEF HISTORY: Thiscontractwillprovidecity-widetowingservicestoincludetheremoval,impounding andstorageof vehicles uponrequestbytheCity of CoralGablesPoliceDepartment;alongwiththeFire,Parking,Automotive,andCode EnforcementDepartmentsandtheCity Manager's Office;aswellastheUniversity of MiamiandCentralizedValet. Underthiscontract,theCityisnotchargedfortheseservices;insteadthefeesfortowing,storageandotherservices arechargedtothevehicleownerdirectly.Inaddition,thiscontractwillprovidefortowing of Cityvehiclesin Miami-DadeCountyatnochargeandthedeliveryofwreckedvehiclesfortheFireDepartmentfortraining purposes. Towing rates charged to vehicle owners underthiscontract,are specified intheRFPfor residents andnon-residents, andarecomparabletocitiesinMiami-DadeCountyanddonotexceedthemaximumtowing rates setbyMiami- DadeCounty.Foreachtow,the City's towingcontractorpaystheCitya$25administrativefeeforresidentsand $30 for non-residents. Six(6)proposalsweresubmittedinresponsetoRFP2013.02.22byDowntownTowingCompany,Southlandthe TowingCompany,SunshineTowing,Inc.,SoutheastTowing,MagicTowing&Recovery,Inc.,andTedandStan's TowingServices,Inc.However,two(2)proposalssubmittedfromMagicTowing&Recovery,Inc.,andTedand Stan's TowingServices,Inc.,weredeterminedtobenon-responsivebyProcurementasthelocationoftheirvehicle storagefacilitiesexceededthefive(5)milelimitfromthePublicSafetyBuildingrequiredintheRFP. TheEvaluationCommitteeconductedsitevisitsatthelocationofeachproposertoevaluatevehiclestoragefacilities andequipment.TheEvaluationCommitteecompletedtheirevaluationoftheproposalsonJune28,2013and recommendsthatthetowingservicescontractbeawardedtoDowntownTowing,Inc. ATTACI-pENTlS): 1.Resohmtfn 2.Towing Rates 3.Evaluation Sheet 3.TabulationSheet4.Bid Response OVv Commission Agenda CoverMemo Ju/v 23,20J3 Detail by Entity Name Detail by Entity Name Florida Profit Corporation DOWNTOWN TOWING COMPANY Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 2418 NMIAMI AVENUE MIAMI,FL 33127 Changed:06/11/1986 Mailing Address 566271 591844781 02/15/1978 FL ACTIVE CANCEL ADM DISS/REV 09/28/2006 NONE 2418 N MIAMI AVENUE MIAMI,FL 33127 Changed:06/11/1986 Registered Aaent Name &Address DEL ROSAL,DAGMAR 2418 N MIAMI AVENUE MIAMI,FL 33127 Name Changed:01/21/2003 Address Changed:06/11/1986 Officer/Director Detail Name &Address Title DS DEL ROSAL,DAGMAR R 2418 N MIAMI AVE MIAMI,FL 33127 Page 1 of4 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/Enti...5/13/2014 Detail by Entity Name Title DP DEL ROSAL,TIMOTHY R 2418 NMIAMI AVE MIAMI,FL 33127 Title DT DEL ROSAL,THOMAS M 16810 PEGGY ROAD ALACHUA,FL 32615 Annual Reports Report Year 2012 2013 2014 Filed Date 03/30/2012 03/21/2013 04/24/2014 Document Images 04/24/2014 -ANNUAL REPORT View image 03/21/2013 -ANNUAL REPORT View image 03/30/2012 -ANNUAL REPORT View image 05/04/2011 -ANNUAL REPORT View image 03/25/2011 -ANNUAL REPORT View image 03/25/2010 -ANNUAL REPORT View image 03/04/2009 -ANNUAL REPORT View image 01/04/2008 -ANNUAL REPORT View image 02/01/2007 -ANNUAL REPORT 09/28/2006 -REINSTATEMENT 01/28/2005 -ANNUAL REPORT 03/25/2004 -ANNUAL REPORT 01/21/2003 -ANNUAL REPORT 01/27/2002 -ANNUAL REPORT 01/30/2001 -ANNUAL REPORT 04/04/2000 -ANNUAL REPORT 01/22/1999 -ANNUAL REPORT 02/03/1998 -ANNUAL REPORT 04/24/1997 -ANNUAL REPORT 01/24/1996 -ANNUAL REPORT 03/31/1995 -ANNUAL REPORT View image View image View image View image View image View image View image View image View image View image View image View image View image Page 2 of4 n PDF format n PDF format in PDF format n PDF format n PDF format n PDF format n PDF format n PDF format n PDF format n PDF format n PDF format n PDF format n PDF format n PDF format n PDF format n PDF format n PDF format n PDF format n PDF format n PDF format n PDF format http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/En^.5/13/2014 Detail by Entity Name Page 3of4 Copyright ©and Privacy Policies State of Florida,Department of State http://search.sunbiz.org/Inquiiy/CorporationSearch/SearchResultDetail/Enti...5/13/2014 2014 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT*566271 Entity Name:DOWNTOWN TOWING COMPANY Current Principal Place of Business: 2418 N MIAMI AVENUE MIAMI,FL 33127 Current Mailing Address: 241SN MIAMI AVENUE MIAMI,FL 33127 FEI lumber:59-1844781 Name and Address of Current Registered Agent: DEL ROSAL,DAGMAR 2418 N MIAMI AVENUE MIAMI FL 33127 US The above named entity submits this statement for the purpose of changing itsregistered office orregistered agent,orboth,intheState of Florida. SIGNATURE: FILED Apr 24,2014 Secretary of State CC4088385896 Certificate of Status Desired:No DateElectronicSignatureofRegisteredAgent Officer/Director Detail: Title DS Name DELROSAL,DAGMARR Address 2418 NMIAMI AVE City-State-Zip:MIAMI FL 33127 Title ;DT Name.DELROSAL,THOMAS M Address 16810 PEGGY ROAD City-State-Zip:ALACHUAFL 32615 Title DP Name DELROSAL,TIMOTHYR Address 2418 NMIAMI AVE City-State-Zip:MIAMI FL 33127 Ihereby certify that the information indicated on this report orsupplemental report istrue and accurate and that myelectronic signature shall have the same legal effect asifmade under oath;that Iam an officer ordirector ofthe corporation orthe receiver ortrustee empowered toexecute this report asrequired byChapter 607,Florida Statutes;and that myname appears above,oronanattachmentwithallotherlikeempowered. SIGNATURE:TIMOTHY DEL ROSAL DS 04/24/2014 Electronic Signature ofSigningOfficer/DirectorDetail Date Mi a m i H e r a l d . c o m I MI A M I HE R A L D CI T Y OF S O U T H MI A M I CO U R T E S Y NO T I C E NO T I C E IS HE R E B Y gi v e n th a t th e Cit y Co m m i s s i o n of t h e Cit y of So u t h Mia m i . Ro r i r J a wil l co n d u c t Pu b l i c He a r i n g ® at i t s re g u l a r Cit y Co m m i s s i o n me e t i n g sc h e d u l e d fo r Tu e s d a y . Ma v 20 . am d be g i n n i n g at 7: 0 0 p. m . , in th e Cit y Co m m i s s i o n Ch a m b e r s , 61 3 0 S u n s e t Dr i v e , to co n s i d e r th e fo l l o w i n g ft e m f e ) : ARe s o l u t i o n ap p r o v i n g th e am e n d m e n t to t h e mu l t i - y e a r co n t r a c t be t w e e n th e Cit y of So u t h Mia m i an d St e v e n Al e x a n d e r fo r Ci t y Ma n a g e r Se r v i c e s . A Re s o l u t i o n au t h o r i z i n g th e Cit y Man a g e r to ex e c u t e a th r e e (3 ) ye a r in t e r - l o c a l ag r e e m e n t be t w e e n Mia m i - D a d e Co u n t y . Mia m i - D a d e Po l i c e de p a r t m e n t , en d th e Cit y of So u t h Mia m i fo r Sc h o o l Cr o s s i n g Gu a r d Se r v i c e s fo r 20 1 4 / 2 0 1 5 , 2 0 1 5 / 2 0 1 6 an d 20 1 6 / 2 0 1 7 sc h o o l ye a r s . / ARes o l u t i o n aut h o r i z i n g th e City Man a g e r to en t e r in t o atw o (2 ) ye a r co n t r a c t with Dow n t o w n Tow i n g with th e opt i o n of \ - U th r e e (3 ) o n e ( 1 ) ye a r ad d i t i o n a l pe r i o d s of se r v i c e . # An Or d i n a n c e am e n d i n g Se c t i o n 20 - 3 .3 © o f th e Cit y of So u t h Mia m i La n d De v e l o p m e n t Co d e co n c e r n i n g ou t d o o r se a t i n g an d din i n g re q u i r e m e n t s fo r all co m m e r c i a l pr o p e r t i e s , ex c e p t fo r pr o p e r t i e s in th e RO • Re s i d e n t i a l Off i c e zo n i n g di s t r i c t An Or d i n a n c e am e n d i n g Se c t i o n 13 - 3 1 of t h e Cit y of So u t h Mia m i Co d e of Or d i n a n c e s co n c e r n i n g us e o f t h e na m e "C i t y of S o u t h Mia m i an d c i t y ' s of f i c i a l se a l an d lo g o . An Or d i n a n c e am e n d i n g Se c t i o n 20 - 2 . 3 - De f i n i t i o n s , to in c l u d e a de f i n i t i o n fo r Te m p o r a r y St r u c t u r e s an d Se c t i o n 20 - 3 . 6 ( 1 ) en t i t l e d Ac c e s s o r y St r u c t u r e s or U s e s . An Or d i n a n c e of t h e Cit y of So u t h Mia m i , Flo r i d a am e n d i n g th e La n d De v e l o p m e n t Co d e , Se c t i o n 2C M . 5 re p e a l i n g su b s e c t i o n s (h ) . (!) • 0. 0 4 . (D . (m ) an d (n ) an d ad d i n g se c t i o n 20 - 4 . 5 . 1 fi t t e d "t r e e pr o t e c t i o n " in c l u d i n g , bu t n o t li m i t e d to . pr o v i s i o n s co n c e r n i n g in t e n t , de f i n i t i o n s , ap p l i c a b i l i t y an d pr o v i d i n g fo r tr e e re m o v a l re q u i r e m e n t s , ap p l i c a t i o n s , pe r m i t s , fe e s tr e e mit i g a t i o n an d pr o t e c t i o n , en f o r c e m e n t , pe n a l t i e s , re m e d i e s , an d ap p e a l s . An Or d i n a n c e am e n d i n g th e Cit y of So u t h Mia m i Co d e of Or d i n a n c e s , Se c t i o n 2- 2 . 1 an d ad d i n g su b s e c t i o n (0 ) to es t a b l i s h , pu r s u a n t to Se c t i o n 28 6 . 0 1 1 5 . Flo r i d a St a t u t e s , a pr o c e d u r e go v e r n i n g ex pa r t e co m m u n i c a t i o n s in co n n e c t i o n wi t h qu a s i - J u d i c i a l ma t t e r s . AL L i n t e r e s t e d p a r t i e s a r e i n v i t e d t o a t t e n d a n d w9 I be h e a r d . Fo r fu r t h e r in f o r m a t i o n , pl e a s e co n t a c t th e Ci t y Cl e r k ' s Of f i c e at 30 5 - 6 6 3 - 6 3 4 0 . Ma r i a M. M e n e n d e z , CM C Ci t y C l e r k Pu s u a n i to FW f c St a t u t e s 28 6 . 0 1 0 5 . th e C3 y te r e ^ wi t h re s p e d to a n y re r t w co u r i e r e d at to nw e t t y ^ to en s u r e th a t a ve r b a t i m re c o r d of tt e pr o c e e d i n g s is ma d e 1 ^ re c o r d In c l u d e s th e te s t i r n o n y an d ev k f e r ^ Br a d @ 7 2 n d Av e . ha s pa r t n e r e d wi t h t h e Le a g u e Ag a i n s t Ca n c e r t o h o s t t h e "H o p e fo r Li f e " b e n e f i t ev e n t . Wi t h yo u r sm a l l do n a t i o n , yo u ' l l en j o y : • M o r s d ' o e u v r e s by Ch e f P e p e • W i n e by To p Ha t W i n e & Sp i r i t s • D e s s e r t by Do r a l Ba k e r y • M u s i c u n d e r t h e s t a r s • • Ra f f l e fo r ex c i t i n g pr i z e s • A r t w o r k , je w e l r y , h o m e d e c o r a n d m o r e d o n a t e d by lo c a l re t a i l e r s fo r p u r c h a s e Th e S h o p s a t La k e s h o r e Pa r k 4 8 S t r e e t & 7 2 n d A v e n u e S. W . Sa t u r d a y , Ma y 17 t h , 20 1 4 fr o m 7p m . - 11 p m . J o i n u s ! 10 0 % of a l l pr o c e e d s wi l l he l p th o s e ba t t l i n g ca n c e r MIAMI DAILY BUSINESS REVIEW Published DailyexceptSaturday,Sundayand LegalHolidays Miami.Miami-DadeCounty,Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Beforetheundersignedauthoritypersonallyappeared M.ZALDIVAR,whoonoath says thatheor she isthe LEGAL CLERK,LegalNoticesofthe Miami Daily Business Reviewf/k/a Miami Review,adaily(exceptSaturday,Sunday andLegalHolidays)newspaper,publishedatMiamiinMiami-Dade County,Florida;thattheattachedcopyofadvertisement, beingaLegal Advertisement ofNoticein the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING FOR 5/20/2014 inthe XXXX Court, waspublishedinsaid newspaper inthe issues of 05/09/2014 Affiant furthersaysthatthesaid Miami Daily Business Reviewisa newspaper publishedatMiamiin said Miami-Dade County,Florida andthatthesaidnewspaperhas heretofore been continuously published insaid Miami-Dade County, Florida,eachday (except Saturday,Sundayand Legal Holidays) andhasbeenenteredassecondclass mail matteratthepost office in Miami insaid Miami-Dade County,Florida,fora period ofoneyearnextprecedingthe first publication ofthe attachedcopyof advertisement;and affiant further saysthatheor shehas neither paid nor promised any person,firm or corporation any discount,rebate,commission or refund forthepurpose of securing this advertisement^or publication inthesaid newspaper. (SEAL) M.ZALDIVAR personallyknowntome &.TH0WAS &Notary PuWtc-State ol Rot* W Commission #FF 034747 &P 0.^^Tt,rftt^?4itic^fWa?yAs3fl.l 'rec^crflt^ 4n$evjfSnclr^^ 5/9