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THE CITY OF PLEASANT LIVING To: FROM: DATE: SUBJECT: Background: Amount: Account: ATTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager May 1, 2014 Agenda Item NO.:JL A Resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to contracts; authorizing the City Manager to enter into a two (2) year contract with Downtown Towing with the option of three (3) one (1) year additional periods of service; providing for an effective date. The City of South Miami needs professional towing services provided by a reputable towing service. The City of South Miami will piggyback the City of Coral Gables bidding process which awarded the contract for its towing services to Downtown towing Inc. Downtown towing provides a full range of towing services which will meet the demands of the City of South Miami. Downtown Towing Inc. began providing temporary towing service to the Police Department during the last quarter of 2013. During this period the Police Department was satisfied with the level 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 1 RESOLUTION NO. _______ _ 2 A Resolution authorizing the City Manager to enter into a two (2) year contract 3 with Downtown Towing, Inc. with three (3) one (I) year options to renew. 4 5 WHEREAS, the Mayor and City Commission of the City of South Miami recognize the importance 6 of having professional towing services, and 7 WHEREAS, the City of South Miami desires to piggyback off of the City of Coral Gables bidding 8 process, and 9 WHEREAS, the City of Coral Gables utilized a competitive process that is comparable to that which lOis required by the City of South Miami Charter and awarded a contract to Downtown Towing, Inc., and 11 WHEREAS, the City of South Miami Police Department and other City Departments are in need of 12 towing services and 13 WHEREAS, the Mayor and City Commission of the City of South Miami wish enter into a contract 14 with Downtown Towing. 15 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 16 THE CITY OF SOUTH MIAMI, FLORIDA: 17 18 Section I: The City Manager is authorized to sign the attached contract with the attached exhibits 19 with Downtown Towing Inc. for a period of two years and with the right of the City Manager to renew the 20 contract for a total contract period of up to 5 years, including all extensions and renewals. 21 22 Section 2: Severability: If any section, clause, sentence, or phrase of this resolution is for any 23 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the 24 validity of the remaining portions of this resolution. 25 26 Section 3. Effective Date: This resolution shall become effective immediately upon adoption by 27 vote of the City Commission. 28 29 30 31 PASSED AND ADOPTED this __ day of _____ , 2014. 32 33 34 35 36 37 38 39 40 41 42 43 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Edmond: Commissioner Liebman: Commissioner Welsh: TOWING SERVICES AGREEMENT THIS TOWING SERVICES AGREEMENT, is made as of this _ day of _____ ., 2014, between the City of South Miami (hereinafter called the "CITY"), and Downtown Towing, Inc. (hereinafter called the "CONTRACTOR"). RECITALS WHEREAS, the CITY wishes to retain Downtown Towing, Inc. to provide Towing Services; and WHEREAS, the CITY having investigated the qualifications of the CONTRACTOR to perform the services herein contemplated and found those qualifications satisfactory; and WHEREAS, the CONTRACTOR having examined the scope of the services required hereunder and having expressed desire and willingness to provide such services and having presented 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 City Commission has approved the selection of the CONTRACTOR to perform such services, and the CONTRACTOR agrees to accept this Agreement upon the terms and conditions herein set forth. NOW, THEREFORE, in consideration of the promises and the mutual covenants herein contained, the CITY agrees to retain the CONTRACTOR for an initial two (2) year period. However, this period may be extended, at the sole discretion of the CITY, for three (3) one (1) year additional periods. The CONTRACTOR agrees to provide towing services and agrees to perform all services in connection with the services described herein. I. GENERAL PROVISIONS 1.1 Ene:ae:ement. The CITY agrees to engage the CONTRACTOR for a period specified in paragraph 1.2, and the CONTRACTOR agrees to accept such engagement and to perform such services 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, and shall continue thereafter for a period of five (5) years or until terminated by the CITY upon 30 days written notice to the CONTRACTOR, in accordance with the notice requirements contained in Section XII. This agreement may be renewed at the sole discretion of 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". In the event of any conflict of inconsistency in the definition or interpretation of any word, responsibility, schedule, or the contents or description of any task, deliverable, service, or other work, or otherwise, between the Base Agreement and the exhibits, or between exhibits, such conflict or inconsistency shall be resolved by giving precedence first to the body of this Base Agreement and the CSM Towing Services Agreement Page 1 of 25 exhibits, or between exhibits, such conflict or inconsistency shall be resolved by giving precedence first to the body of this Master Agreement, and then to the exhibits according to the following priority: a) CITY Resolution and applicable Code provisions; b) Request for Proposal (Exhibit A); c) Scope of Services (Exhibit A): d) CONTRACTOR'S Response to Request for Proposal (Exhibit B); e) Performance and Payment Bonds (when applicable); f) Insurance Certificates, and related documents; g) CONTRACTOR'S Exceptions to Terms and Conditions. 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, prior arrests, warrants and driver 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 of any change in such personnel shall be furnished to the City of South Miami Police Department ("SMPD") within seventy-two (72) hours of such change. 1.5 Polygraph Examination. The CONTRACTOR agrees to submit to polygraph examinations at the request of the Director or designee. 1.6 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 that the CONTRACTOR and/or their employees, agents and subcontractors performing services for the 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 at the request of the 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 to the 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 of the CITY prior to the operation of a 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 for the CITY and in providing services in accordance with this Agreement which is not publicly available, shall not be revealed to any other persons, firm or organizations. 1.9 Most Favored Public Entity. CONTRACTOR represents that the 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 shall be immediately extended to the CITY. CSM Towing Services Agreement Page 2 of 25 1.10 Irrevocable Letter Credit. The CONTRACTOR shall submit to the City together with the executed Contract, an Irrevocable Letter of Credit ("Letter of Credit") in the amount of Ten Thousand Dollars ($10,000.00) meeting all the requirements contained in RFP 2013.02.22. The Letter of Credit shall remain in effect and irrevocable during the complete term of the 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 in a continuous current status will result in the termination of the CONTRACTOR from the towing services contract. In the event of a default by the CONTRACTOR under the Contract, the City shall have the right to draw upon the Letter of Credit in the amount determined by the City to be necessary to cure the default. The letter of credit shall be substantially in the following form: 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 by your 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 Towing has 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 will be duly 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 by all 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 as a 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 (Exhibit A); c) CONTRACTOR'S Response to Request for Proposal (Exhibit B); CSM Towing Services Agreement Page 3 of 25 The CONTRACTOR shall perform the services as specifically stated in the Scope of Services of the Request for Proposal Section 2.0, which is attached hereto and incorporated herein as Exhibit A, and as may be specifically designated and authorized by the CITY. 2.2 During the Agreement Period, the CONTRACTOR will serve as a Towing Agency to the CITY and shall adhere to the specific performance procedures and standards, including, but not limited to: a) All requests for tow service and removal of traffic hazards shall be made through the Communications Center of the SMPD. Other designees to authorize towing requests include the Parking Division, Public Works, Code Enforcement Division, or the City Manager's Office and these requests will be made through the SMPD 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 must be manned twenty-four (24) hours per day by an employee of the CONTRACTOR or an authorized agent of the 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 by the CITY, may result in immediate termination. (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 a week at the request of a SMPD shift commander for emergency purposes only. d) CONTRACTOR shall provide all classes of towing service, within the City limits of the City of South Miami or outside the City limits, if requested. e) Tow trucks must proceed to the address provided immediately after the CONTRACTOR receives the request from the Communications Center. Twenty (20) minutes shall be the maximum allowable response time; however, limited consideration may be given by CITY to traffic conditions, or heavy equipment requests, which could result in delays. f) Unjustified failure of the CONTRACTOR to respond within twenty (20) minutes to calls will be deemed to be a 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, and all applicable 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 to the arrival of a City of South Miami police unit, and only then, with the permission of the assigned police unit. j) Tow truck operators shall be responsible for removing all debris from the street as a result of traffic crashes to which the operator is responding for the CITY immediately and prior to departure from the CSM Towing Services Agreement Page 4 of 25 scene. This debris shall be placed in a suitable container and removed by tow truck operators and shall, in no case, be left at the curbside. k) CONTRACTOR shall not make any repairs to any towed vehicles during the towing process and/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 will supply, upon the request ofthe Fire Department, a minimum of fifteen (15) vehicles per year for demolition/training practices at no charge, towed to and from designated facility. m) CONTRACTOR shall assume all responsibility for damage done to a vehicle towed, or to be 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. CONTRACTOR files shall contain a list 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 mailing as required by law and this Agreement, and records of payment by customers. This file must be kept current and available for a minimum of three (3) years. Forwarding reports to the SMPD -The CONTRACTOR will be responsible for a computerized reporting system, to include the majority of information listed below, which is compatible with the software used by the City of South Miami. This requirement will be facilitated through the City's IT Department representative. Further, the CONTRACTOR shall be responsible for forwarding to the SMPD on a monthly basis along with payment the following: (1) Numbered invoices for each and every vehicle towed by the authority of the CITY indicating the following: a. Date, time call received, time of arrival on scene, time of departure from scene of tow, and time of arrival at tow facility or owner requested destination. b. S. M. P.D. case number. c. Year, make, and model 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 (2) Copies of all SMPD Vehicle Storage Receipts for vehicles released, together with a copy of the completed numbered invoice for the vehicle released. (3) A log of tows requested for service by the CITY. (4) An Impound/Notification log indicating date, time, and method of notification to the registered owner of an impounded vehicle. CSM Towing Services Agreement Page 5 of 25 (5) Itemized list of all junked vehicles with authorization copies attached. The information is to be th forwarded to the SMPD by the 20 of the following month. 2.4 Right to Cancel The CITY reserves the right to cancel a service request of the CONTRACTOR at any time up to the time of hookup without charge. Such cancellation would be made through the same sources that generate requests, as listed in this Agreement. Cancellation may also be authorized at the scene by a Police Officer. In the event hookup has taken place and it is necessary to drop vehicle prior to commencing a tow, a charge of the regular towing rate, according to the class of tow, may be made. In the event an owner may drive an automobile, only needing to pull the bumper or fender away from the wheel, a charge not exceeding the regular towing rate, according to the class of tow, may be made, if this service is performed. 2.5 Storage Areas All CONTRACTOR storage areas must conform to applicable zoning requirements existing now and in the future. All impounded vehicles and towing vehicles and equipment at CONTRACTOR storage site shall be kept within the confines of the facility and not upon the public streets and/or sidewalks of public property, with the exception of loading and unloading of vehicles. At the request of the CITY, for purposes of processing and/or investigation, the CONTRACTOR may be directed to tow a vehicle to a CITY facility. Except for forfeited vehicles, these impounded vehicles will be released to the CONTRACTOR after processing/investigation has been completed. There will be no charge to the CITY for towing and/or any other services. The CONTRACTOR storage areas must display identifying signs clearly visible from the street, in conformance with zoning regulation, to enable persons seeking to locate COMPANY, to easily identify same. During normal business hours (8:00 am to 6:00 pm) Monday through Saturday, the owner of stored vehicle or designated representative by notarized power of attorney shall be allowed to view vehicle, after "proper documentation" has been provided. "Proper documentation" is defined as proper photo identification of the individual (driver's license preferred) and registration or title for the vehicle. After that time, personal property that is not affixed to the vehicle may be removed by owner, or designated representative in accordance with the Dade County Towing Ordinance in Article III of Chapter 30 of the Miami-Dade County Code. Any other requests shall remain at the discretion of the CONTRACTOR. Towing Agency shall not charge any storage and/or administrative fee for an owner or designee to recover items from stored vehicle. The CONTRACTOR must provide security for impounded vehicles (storage facilities must be manned twenty-four (24) hours per day by an employee of the CONTRACTOR or an authorized agent of the CONTRACTOR) and assume responsibility for any article of value left in the vehicle, whether or not listed in the Vehicle Storage Receipt or Towing Report. The CONTRACTOR agrees to replace any such article(s) or compensate the insured person upon verification of the loss by the designated investigative officer of the SMPD or local agent if the loss occurs outside the City of South Miami. Prior to removing the vehicle from the scene, CONTRACTOR personnel shall verify the inventory of contents and the vehicle as listed on the Vehicle Storage Receipt and/or Towing Report. Discrepancies shall be reported immediately to the designated investigative officer of the SMPD. Vehicles held for forfeiture or investigation will only be released to the police officer that requested the "HOLD" or to the Police Chief, if the original officer is not available. In addition to the required outside minimum of one hundred (100) storage spaces, the CONTRACTOR must provide a completely enclosed CSM Towing Services Agreement Page 6 of 25 inside storage area for at least five (5) vehicles. Said area must be designed so that it may be secured from unauthorized entry when required by the SMPD and will be restricted to authorized entry when required by the SMPD and will be restricted to authorized police officials for technical processing when required by Storage Area must be within five (5) miles of the SMPD, 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 a day, seven (7) days a week at the request of a SMPD shift commander for emergency purposes only. 2.6 Classes of Tow Trucks/Carriers. The CONTRACTOR must have registered in its name, or be part of a 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 Slide Back Carriers shall meet the following minimum ratings: Class itA" Wrecker: Minimum 5 a. Commercially manufactured unit, with a 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 with a minimum capacity of 8,000 pounds. e. Hydraulically operated winch(es) with a 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 inch high 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 slide back oftilt bed. e. Hydraulically operated winch(es) with a minimum total winching capacity of 8,000 pounds. f. Sixty-five (65) feet of 3/8 inch cable. g. Two (2) tie down chains, each ten (10) feet in length. h. Four-way lug wrench. i. One (1) pair of jumper cables. CSM Towing Services Agreement Page 7 of 25 Class "B" Wrecker: Minimum 1 a. Commercially manufactured unit, with a rated capacity of not less than 18,000 pounds, GVW. b. Cab to axle dimension of not less than 84 inches. c. Commercially manufactured hydraulic boom(s) with a minimum total capacity of 16,000 pounds. d. Hydraulica"y operated winch(es) with a minimum total winching capacity of 16,000 pounds. e. Two hundred (200) feet of liz inch cable per winch. f. Under reach with a retracted rating of not less than 6,000 pounds and an extended rating of not less than 4,000 pounds. g. Two (2) 5/16 inch allow safety chains. h. Tow bar equipped. i. Two (2) snatch blocks, minimum 8,000 pound capacity each. j. Two (2) scotch blocks. k. Brake lock. I. Six (6) to eight (8) feet of extra towing chain with hooks, minimum 4,000 pounds capacity. m. Four-way lug wrench. n. One (1) pair of jumper cables. Class liB" Slide Back Car Carrier: Minimum 1 a. Commercially manufactured unit, with a rated capacity of not less than 18,000 pounds, GVW. b. Cab to axle dimension of not less than 138 inches. c. Dual rear wheels. d. Twenty one (21) feet or longer hydraulica"y operated slide back or tilt bed. e. Hydraulica"y operated winch with a minimum winching capacity or 8,000 pounds. f. One hundred (100) feet of 3/8 inch cable. g. Two (2) tie down chains, each ten (10) feet in length. h. One (1) snatch block, minimum 8,000 pound capacity. i. Four-way lug wrench. j. One (1) pair of jumper cables. k. Commercial non-restricted license plate. Class "C" Wrecker: Minimum 2 a. Commercially manufactured unit, with a rated capacity of not less than 30,00 pounds, GVW b. Cab to axle dimension of not less than 144 inches c. Commercially manufactured boom(s) with a minimum capacity of 50,000 pounds d. Winch(es) with a minimum total winching capacity of 50,000 pounds e. Two hundred (200) feet of 5/8 inch cable per winch f. *Under reach with a retracted rating of not less than 25,000 pounds and an extended rating of not less than 12,000 pounds g. Rear support jacks or outriggers h. Two (2) liz inch alloy safety chains i. Tow bar equipped j. External air hook-up and hoses to supply air disabled vehicles 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 chain hooks minimum 4,000 capacity CSM Towing Services Agreement Page 8 of 25 *Where two (2) Class "C" wreckers are required, at least one (1) shall be under reach equipped. Class liD" Wrecker: (in lieu of 2 Class "C" Wreckers) Minimum 1 a. Commercially manufactured unit, with a 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) with a 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 with a retracted rating of not less than 45,000 pounds and an extended rating of not less than 15,000 pounds. g. Rear support jacks or outriggers h. Tow sling with a safe lift rating of 12,000 pounds i. Two Y2 inches alloy safety chains j. Tow Bar equipped k. External air hookup and hoses to supply air to 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 chain with hooks, minimum 4,000 pounds capacity 2.7 Additional Required Equipment (1) 48' Hydraulic Rollback Tractor-Trailer 102" wide. Minimum 1 (2) 1 Triaxle 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 SMPD throughout the entire Agreement period. 1. 1 five gallon bucket-oil dry 8. 1 flash light 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. 1 five gallon trash bucket 6. 1 pair bold cutters 13. 1 fire extinguisher (C02 dry chem.) 1. 1 crow bar 2.9 Definition of Police Tow/Private Tow. A police tow is the mandated removal of a vehicle (or vessel) from a particular location, which is then taken to a pre-determined place, controlled by the SMPD for investigative purposes and said vehicle is not available for immediate release back to the owner or designee. A private tow is the removal of a vehicle (or vessel) from a particular location, which is then taken to a pre-determined place, whether a tow yard, repair facility, etc. and is available for immediate release back to the owner or designee. CSM Towing Services Agreement Page 9 of 25 A police tow is not defined by the means in which the contracted tow company receives the call for service, as the SMPD makes all requests for tow services for record keeping purposes. 2.10 Special Events Towing. The SMPD shall have sole discretion in the utilization of the Towing Agency for special events. Special rates may be negotiated for specific events such as, but not limited to; Christmas Tree Lighting, Santa Parade of Elves, South Miami Art Show, Volks Blast, etc. 2.11 Inspections. Inspection of facilities and/or equipment shall be made by members of the SMPD. These inspections shall be made at any time deemed appropriate by the CITY. The CONTRACTOR shall have all required equipment as detailed in the Proposal specifications on all vehicles at all times while engaging in towing services for the CITY. 2.12 Licenses, Permits. The CONTRACTOR must possess all necessary licenses from the CITY and any other permits, which may be required to perform business in the CITY. The CONTRACTOR must also possess all the licenses and permits necessary from Miami-Dade County to operate said COMPANY. All licenses and permits must be kept valid throughout the term of this Agreement. 2.13 Personnel Requirements. The personnel of every qualified Contractor (including principals, agents and employees) are required to have a background investigation conducted during the hiring process and a background check annually thereafter, to include, prior arrests, warrants and driver 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 of any change in such personnel shall be furnished to the SMPD within seventy- two (72) hours of such change. All drivers must carry a tow truck identification card/badge on their shirts at all times. All drivers must wear company uniforms with their name and company name visible. 2.14 Safety. Proposer will take necessary precautions and will bear sole responsibility for safety and adequacy of the methods and means employed in performing the work. Proposer will, at all times, comply with and provide the safeguards required by the City, Federal, State, and local laws, rules and regulations concerning Occupational Safety and Health Act of 1970 (OSHA) all applicable Florida labor laws, regulations and standards in the performance of the work. Materials and equipment furnished under the Agreement will conform to all applicable provisions of OSHA and the associated regulations and standards. Proposer will require these warranties of adherence to OSHA from each subcontractor and supplier employed by the Towing Agency in performance of awarded Agreement. 2.15 Ethics and Conduct Proposer agrees to conduct business in an orderly, ethical, businesslike manner, and to use every means to obtain and keep the confidence of the motoring public. 1. Personnel shall conduct themselves in a courteous and professional manner so as not to bring any undue criticism to the City. 2. The owner of Towing Agency shall be responsible for ensuring that all operational personnel shall be of previous and continuous good moral character. 3. Recommendation of repair facilities is strictly prohibited. CSM Towing Services Agreement Page 10 of 25 4. Gratuities to any employee of the City of South Miami are prohibited and any violation hereof by a Towing Agency shall, at the discretion of the City Manager, constitute grounds for the summary and immediate revocation of this Agreement. 2.16 Complaints Against Towing Agencies/Drivers. In the event a complaint by a member of the public is filed about the CONTRACTOR, the department receiving the complaint shall notify the SMPD and CONTRACTOR. If the complaint is in written form, a copy shall be furnished to CONTRACTOR upon request at no cost. A written reply of the complaint must be forwarded to the SMPD, within twenty (2) business days. The complaint shall be evaluated by the SMPD, in conjunction with the City Manager's office, to determine if the complaint should be the basis of suspension or termination of this Agreement. Files shall be kept by the SMPD about the CONTRACTOR'S complaints. The CITY reserves the right to prohibit the CONTRACTOR employees from working within the City limits if complaints have been filed. 2.17 Availability of Contractor. The CONTRACTOR shall make all documents available 24 hours a day, 7 days a week, 365 days a year, in order to satisfy 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 shall be paid by the vehicle owner and/or operator an amount not to exceed the fees provided herein and made a part of the Contract, and shall be the maximum fees charged to the vehicle owner and/or operator on all SMPD originated requests for wrecker services, regardless of whether it was a police initiated action (non-consent) or "at the owner's request" (consent). Non-Consent tow rates shall be in accordance with Miami-Dade County maximum rates and will only be adjusted by County revisions to these rates. POLICE DIRECTED TOW: TOWING: Class A -$88.00/Resident $101.00/Non-resident Class B -$150.00/Resident $165.00/Non-resident Class C -$200.00/Resident $235.00/Non-resident Class D -$300.00/Resident $300.00/Non-resident STORAGE: Daily rates for vehicle storage are based on a twenty-four (24) hour a day, each day starting at 12:01 a.m.,. as follows: CSM Towing Services Agreement Page 11 of 25 Storage: Outdoor vehicle/trailer <=20 feet, in 24 hour increments after the first 24 hours $20.00 Resident/Non-resident Storage: Indoor vehicle/trailer <= 20 feet, in 24 hour increments after the first 24 hours $25.00 Resident/Non-resident Storage: Outdoor vehicle/trailer >20 feet, in 24 hour increments after the first 24 hours $35.00 Resident/Non-resident Storage: Indoor vehicle/trailer >20 feet, in 24 hour increments after the first 24 hours $40.00 Resident/Non-resident Failure to provide owner/lien holder notification shall void any and all claims of storage charges by the Towing Agencies for the impounded vehicle. Towing Agencies are required to notify all out-of-state owner/lien holder with every possible good faith effort upon receipt of ownership/lien holder information that the Towing Agency has promptly requested from Governmental Agencies as stated in Florida State Statutes. OTHER FEES: Administrative Fee after 24 hours: $25.00/Resident -$30.00/Non-resident plus actual fees for obtaining ownership information and postage Administrative Fee Paid to City: $25.00/Resident $30.00/Non-resident Extra Labor/Waiting Time at Scene (except Class A private property impounds): after first 30 minutes in 15 minute intervals: Class A -$22.00/Resident $24.25/Non-resident Class B -$37.50/Resident $41.25/Non-resident Class C -$50.00/Resident $58.75/Non-resident Class D -$75.00/Resident $75.00/Non-resident Per Mile Charge (after first 5 miles police directed tows): Class A -$3.00 Resident/Non-resident Class B -$3.50 Resident/Non-resident Class C -$4.50 Resident/Non-resident Class D -$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 CSM Towing Services Agreement Page 12 of 25 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 be charged by the CONTRACTOR for any services (towing and/or any other services) provided to City owned vehicles and equipment within Miami-Dade County under Section 2.0, Towing Agency Services/Performance Standards. For services provided outside of Miami-Dade County to City of the City of South Miami vehicles and equipment, the towing agency may only charge a fee for mileage in accordance with the Section 7.0, Towing Rate Schedule. The CONTRACTOR will not charge any fees to the City for vehicles stored in inside or outside storage at the request of the City. 3.2 Expenses. As part of, and in addition to the basic compensation described in this Agreement, the CITY shall provide the CONTRACTOR with no additional compensation for any services performed in fulfilling the requirements of this Agreement. All additional requested expenses must be pre-approved through the Director or designee. 3.3 Payments to the CONTRACTOR. The CONTRACTOR shall accept cash, at least 1 issued Bank Card, or cashier's check issued by a Miami-Dade County or Broward County bank in payment of charges. 3.4 Payments to CITY. The CONTRACTOR shall pay on each and every vehicle towed within the CITY, including the University of Miami, by CONTRACTOR, at the request of the CITY an administrative charge of $25.00. This fee shall be paid to CITY in monthly increments by the 20th of the following month. Failure to pay by the 20th of the following month will result in an interest penalty of 1.5% 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 of any Federal Income Taxes, FICA, Unemployment Taxes or any similar fees or taxes that become due, and shall be responsible for the collection and payment of all withholdings, contributions and payroll taxes relating to CONTRACTOR'S services, or those of employees of the CONTRACTOR. The CITY shall not withhold from sums payable to the CONTRACTOR, any amount whatsoever for Federal Income Taxes, FICA, Unemployment Insurance Taxes or any similar fees or taxes. 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 shall imply or shall be deemed to imply an agency relationship between the CITY and CONTRACTOR. 4.1.2 Contractor warrants that it fully 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, and hold harmless City, its officers and employees from and against any sanctions and any other liability which may be assessed against Contractor or City in connection with any alleged violation of any Federal statutes or regulations pertaining to the eligibility for employment of any persons performing work hereunder. CSM Towing Services Agreement Page 13 of 25 4.1.3 The employees and agents of each party, shall while on the premises of the other party, comply with all rules and regulations of the premises, including, but not limited to, security requirements. 4.2 Indemnification and Hold Harmless. To the fullest extent permitted by laws and regulations, the Contractor shall defend, indemnify, and hold harmless the City, its commissioners, attorneys, administrators, Contractors, agents, and employees from and against all claims, damages, losses, and expenses direct, indirect, or consequential (including but not limited to fees and charges of attorneys and other Contractors and court and arbitration costs) arising out of or resulting from the performance of the work and caused in whole or in part by either (i) any willful, intentional, reckless, or negligent act or omission of Contractor, any sub-consultant, or any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder and regardless of the negligence of any such indemnified party, or (ii) any willful, intentional, reckless, or negligent act or omission of any individual or entity not a party to this agreement. The parties expressly agree that this provision shall be construed broadly, and Contractor's obligations to pay for the City's legal defense hereunder shall arise and be fully enforceable when Contractor (or any sub-consultant or any person or organization directly or indirectly employed by Contractor) is alleged to have acted willfully, intentionally, recklessly, or negligently in the performance of the work required under this Agreement, regardless of whether the City or any of the City's officers, agents, or employees are also alleged to be at fault. Any failure of Contractor to comply with the terms of this provision shall be deemed a material breach of this Agreement and may subject Contractor to debarment from consideration for future award of city contracts pursuant to Section 2-952(4) of the City of South Miami Code of Ordinances. 4.2.1 In any and all claims against the City or any of its consultants, agents, or employees by any employee of CONTRACTOR, any subconsultant, any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, the indemnification obligation under the above paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for 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, nothing in this Indemnification and Hold Harmless provision shall be considered to increase or otherwise waive any limits of liability, or to waive any immunity, established by Florida Statutes, case law, or any other source of law. V. INSURANCE 5.1 Without limiting CONTRACTOR'S indemnification of the CITY, and during the term of this Agreement, CONTRACTOR shall provide and maintain at its own expense the below described programs of insurance. Such programs and evidence of insurance shall be satisfactory to the CITY and shall be primary to and not contributing with any other insurance or self-insurance program maintained by the CITY. Certificates or other evidence of coverage shall be delivered to: City of South Miami Attn: Latasha Nickle, Human Resources 6130 Sunset Drive South Miami, FL 33143 CSM Towing Services Agreement Page 14 of 25 Such certificates or other evidence of coverage shall be delivered prior to commencing performance under this Agreement, and shall specifically identify this Agreement, and shall contain the express condition that the CITY is to be given written notice, by receipted deliver, at least thirty (30) days in advance of any cancellation, non-renewal or material change of any 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 liability provision, and personal injury and property damage liability with limits no less than $1,000,000 per occurrence for bodily injury and property damage, and $2,000,000 in the aggregate. Said policy or policies shall name the CITY as an 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 with limits 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 in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. e. Garage Keepers legal Liability Coverage in an amount not less than $100,000 for each Auto and $500,000 for each location. f. On Hook Liability Coverage with a minimum limit of $100,000. g. Other (or 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 an A.M. Best Key Rating 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 as an additional insured on a 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. CSM Towing Services Agreement Page 15 of 25 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 as an 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 shall be 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) days of written request. 5.3 Breach. Failure on the part of the CONTRACTOR to obtain and maintain all required insurance coverage is a material breach upon which the CITY may, in its sole discretion, immediately suspend CONTRACTOR'S performance or terminate this Agreement (Termination for Default 13.1). VI. SOVEREIGN IMMUNITY 6.1 Sovereign Immunity. The CONTRACTOR acknowledges that the Florida Doctrine of Sovereign Immunity bars all claims by CONTRACTOR against the City other than claims arising out of this Agreement. Specifically, the CONTRACTOR acknowledges that it cannot and will not assert any claims against the City, unless the claim is based upon a breach by the City of this Agreement. The CONTRACTOR acknowledges that it has no right and will not make a claim based upon any of the following: a) Claims based upon an alleged breach by the City of implied warranties or representations not specifically set forth in this Agreement, as the Parties stipulate that there are no such implied warranties or representations of the City. All obligations of the City are only as set forth in this Agreement. b) Claims based upon negligence or any tort arising out of this Agreement. c) Claims based upon alleged acts or inaction by any City employee or agent of the City. d) Claims based upon an alleged waiver of any of the terms of this Agreement unless such waiver is in writing and signed by an authorized representative for the City and the CONTRACTOR. VII. STANDARD OF CARE 7.1 Degree of Care. The CONTRACTOR shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily provided by a comparable professional under similar circumstances and the CONTRACTOR shall, at no additional cost to the CITY, re-perform services which fail to satisfy the foregoing standard of care. CSM Towing Services Agreement Page 16 of 25 7.2 Warranty. The CONTRACTOR warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field. 7.3 Key Staff. The parties acknowledge that the CONTRACTOR was selected by the City, in part, on the basis of the qualifications of particular staff identified in the CONTRACTOR'S response to the City'S solicitation. The CONTRACTOR shall ensure that this staff is available for work hereunder as long as the staff is in the CONTRACTOR'S employ. 7.4 Suspension Procedures. CONTRACTOR may be suspended for any violation of the provisions of this Agreement, which in the sole discretion of the CITY may be cause for such suspension as follows: a) 1st violation -up to 7 days b) 2 nd violation -up to 14 days c) 3 rd violation -City Manager may terminate this agreement. VII. FEDERAL!STATE!lOCAlLAWS 8.1 EEO and ADA. The CONTRACTOR must be and remain in compliance with all local, state and federal Equal Employment Opportunity (EEO) and American Disabilities Act (ADA) requirements. 8.2 Discrimination. It is 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 CITY Policy 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, and hold harmless CITY, its officers and employees from and against any sanctions and any other liability which may be assessed against CONTRACTOR or CITY in connection with any alleged violation of any Federal statutes or regulations pertaining to the eligibility for 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, comply with all rules and regulations of the premises, including, but not limited to, security requirements. VIII. CONFLICT OF INTEREST 8.1 The CONTRACTOR represents that it has provided a list 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 it will not enter into any agreements during the term of this Agreement to provide services for any person or corporation who applies for a permit or other development approval from the CITY. CSM Towing Services Agreement Page 17 of 25 Upon request of the CONTRACTOR, and full disclosure of the nature and extent of the proposed representation, the City Manager shall have 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 given to or prepared or assembled by the CONTRACTOR under this Agreement shall be made available to any individual or organization by the CONTRACTOR without prior written approval of the CITY. X. OWNERSHIP OF DOCUMENTS 10.1 All right, title, and interest in and to all work performed under this Agreement, including without limitations all schematics, designs, plans, specifications, documents, records, disks, or other information (including electronic copies) produced or developed by the CONTRACTOR or subconsultants, shall become the property of the CITY for its use and/or distribution as may be deemed appropriate by the CITY; provided that any materials used by the CONTRACTOR and any subconsultants for which a patent or copyright protection has previously been secured by them shall remain the property of the CONTRACTOR or subconsultants. 10.2 The CITY shall have the right to visit the site for inspection of the work and the products the CONTRACTOR at any time. The CONTRACTOR shall be permitted to retain copies, including reproducible copies, solely for information and reference in connection with the CITY's use. 10.3 To the extent allowed by law, the CONTRACTOR shall not divulge, furnish or make available to any third person, firm or organization, without the CITY's prior written consent, or unless incident to the proper performance of the CONTRACTOR'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non- public concerning the services to be rendered by the CONTRACTOR hereunder, and CONTRACTOR shall require all of its employees, agents, subconsultants, and subcontractors to comply with the provisions of 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-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement. 11.2 The said rates and costs shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. XII. NOTICE 12.1 Any notice, request, instruction or other document required or permitted to be given hereunder by either party hereto to the other shall be in writing, and delivered personally, or sent by certified or registered mail, postage prepaid, return receipt requested, to the address set forth for such party at the bottom of this Agreement. Any notice so given shall be deemed received when personally delivered or three (3) calendar days after mailing. Any party may change the address to which notices CSM Towing Services Agreement Page 18 of 25 are to be sent by giving notice of such change of address to the other party in the manner herein provided for giving notice. Notice as the City of South Miami shall be to: Notice as to CONTRACTOR shall be to: City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 cc: City Attorney 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 ofthis Agreement if, in the judgment ofthe City Manager: a) CONTRACTOR has materially breached any portion of this Agreement; b) CONTRACTOR fails to 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 if it 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 a filing of a 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 Letter of Credit herein required. 13.1.1 Return of Payments. Upon the occurrence of a default hereunder, all payments, advances, or other compensation paid by the CITY to the CONTRACTOR while the CONTRACTOR was in default shall be immediately returned to the CITY. 13.1.2 Expenses. The CONTRACTOR shall be liable to the CITY for all expenses incurred by the CITY in preparing and negotiating this Agreement, as well as all costs and expenses incurred by the CITY in the re-procurement ofthe services, including consequential and incidental damages. CSM Towing Services Agreement Page 19 of 25 13.1.3 Obligations to City. The CONTRACTOR agrees that termination of this Agreement under this section shall not release the CONTRACTOR from any obligation accruing prior to the effective date of termination. 13.1.4 No default. If, after CITY has given notice of termination under the provIsions hereunder, it is determined by CITY that CONTRACTOR was not in default under these provisions, or that the default was excusable under these provisions, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Paragraph 13.2 (Termination for Convenience). 13.1.5 Non-exclusive. The rights and remedies of CITY provided in this Paragraph 13.1 are non- exclusive and cumulative. 13.2 Termination for Convenience. This Agreement may be terminated when such action is deemed by CITY to be in its best interest. Termination shall be effected by delivery to CONTRACTOR of a notice of termination specifying the extent to which performance of Agreement is terminated and the date upon which such termination becomes effective, which shall be no less than ten (10) days after the notice is sent. 13.3 Termination with or without cause. This Agreement may be terminated by the CITY, with or without cause. Termination shall be effected by delivery to CONTRACTOR of a thirty (30) day written notice of termination specifying the extent to which performance of the Agreement is terminated and the date upon which such termination becomes effective. 13.4 Contractor's responsibilities. After receipt of a Termination Notice, and except as otherwise directed by the CITY, the CONTRACTOR shall: a) Stop work on the date and to the extent specified. b) Terminate and settle orders and subcontracts relating to the performance of the terminated work. c) Transfer all work in process, 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 of a notice of termination, the CONTRACTOR shall submit its termination claim and invoice to CITY, in the form and with any certifications as may be prescribed by CITY. Such claim and invoice shall be submitted promptly, but not later than three (3) months from the effective date of termination. Upon failure by CONTRACTOR to submit its termination claim and invoice within the time allowed, CITY may determine on the basis of the information available to the CITY, the amount, if any, due to CONTRACTOR in respect to the termination, and such determination shall be final. When such determination is made, CITY shall pay CONTRACTOR the amount so determined. The CONTRACTOR shall have no recourse or remedy from a termination made by the CITY except to retain the fees earned for the services that were performed in complete compliance with this Agreement as full and final settlement of any claim, action, demand, cost, or charge. 13.6 Termination by Contractor. This Agreement may be terminated by the CONTRACTOR upon sixty (60) days prior written notice to the CITY in the event of substantial failure by the CITY to perform in accordance with the terms of the Agreement through no fault of the CONTRACTOR. CSM Towing Services Agreement Page 20 of 25 13.7 Contractor's warranty. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bone fide employee working solely for the CONTRACTOR to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bone fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other compensation contingent upon or resulting from the award or making of this Agreement. 13.8 Documents. Upon termination of this Agreement, all schematics, designs, plans, specifications, documents, records, disks, or other information (including electronic copies) produced or developed by the CONTRACTOR or subconsultants, whether finished or not, shall become CITY property. Failure to timely deliver the documentation shall be 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 shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is 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. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. XV. AUDITS 15.1 Financial records. The CONTRACTOR shall maintain accurate and complete financial records of its activities and operations relating to this Agreement in accordance with generally accepted accounting principles. CONTRACTOR shall maintain adequate records to justify all charges and costs incurred in performing the services for at least three (3) years after completion of this Agreement. CONTRACTOR shall also maintain accurate and complete employment and other records relating to its performance of this Agreement. CONTRACTOR agrees that CITY, or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records relating to this Agreement. All financial records, timecards and other employment records, and proprietary data and information shall be kept and maintained by CONTRACTOR and made available to the CITY during the terms of this Agreement and for a period of three (3) years thereafter unless CITY'S written permission is given to dispose of any such material prior to such time. All such materials shall be maintained by CONTRACTOR at a location in Miami-Dade County, Florida, provided that if any such material is located outside Miami-Dade County, then, at CITY'S option CONTRACTOR shall pay CITY for travel, per diem, and other costs incurred by CITY to examine, audit, excerpt, copy or transcribe such material at such other location. The CITY shall have access to such books, records, and CSM Towing Services Agreement Page 21 of 25 documents as required in this section for the purpose of inspection or audit during normal working business hours at the CONTRACTOR'S place of business. 15.2 Copies of audits. In the event that an audit is conducted by CONTRACTOR specifically regarding this Agreement by any Federal or State auditor, or by any auditor or accountant employed by CONTRACTOR, then CONTRACTOR shall file a copy of the audit report with the CITY'S Auditor within thirty (30) days of CONTRACTOR'S receipt thereof, unless otherwise provided by applicable Federal or State law. CITY shall make a reasonable effort to maintain the confidentiality of such audit report(s). 15.3 Breach. Failure on the part of CONTRACTOR to comply with the provisions of this Paragraph 15.1 shall constitute a material breach upon which the CITY may terminate or suspend this Agreement. 15.4 City Audit Settlements. If, at any time during or after the term of this Agreement, representatives of the CITY conduct an audit of CONTRACTOR regarding the work performed under this Agreement, and if the audit finds there is an overpayment to the Contractor, the Contractor is obligated to reimburse the City for funds improperly billed to and paid by the City to the CONTRACTOR, then the difference shall be either repaid by CONTRACTOR to CITY by cash payment upon demand or, at the sole option of CITY, deducted from any amounts due to CONTRACTOR from CITY. If such audit finds that CITY'S dollar liability for such work is more than the payments made by CITY to CONTRACTOR, then the difference shall be paid to CONTRACTOR by cash payment. XVI. MISCELLANEOUS 16.1 Modification. This agreement may not be amended or modified unless in writing and signed by both parties. 16.2 Assignment and subcontracting. This Agreement and the rights of the CONTRACTOR and obligations hereunder may not be transferred, pledged, sold, assigned, or delegated by the CONTRACTOR without the express prior written consent of the CITY via executed amendment. It is understood that a sale of the majority of the stock or partnership shares of the CONTRACTOR, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior to CITY approval. 16.2.1 Any transfer, pledge, sale, assignment, or delegation without such express prior written consent shall be null and void and shall constitute a material breach of this Agreement, upon which the CITY may immediately terminate the Agreement in accordance with the provisions of paragraph 13.1 (Termination by Default). The CITY may assign its rights, together with its obligations hereunder. 16.3 Availability of funds. The obligations of the CITY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the City Commission. 16.4 Compliance with laws. In performance of the services, the CONTRACTOR will comply with applicable regulatory requirements, including federal, state, special district, and local laws, rules, regulations, orders, codes, criteria, and standards. It shall be the responsibility of the CONTRACTOR to obtain and maintain, at no cost to the CITY, any and all license and permits required to complete the services provided pursuant to this Agreement. CSM Towing Services Agreement Page 22 of 25 16.5 Conflict of Interest. CONTRACTOR covenants that no person employed by the CONTRACTOR which exercises any functions or responsibilities in connection with this Agreement has any personal financial interests direct or indirect with the CITY. CONTRACTOR further covenants that, in the performance of this Agreement, no person having a conflicting interest shall be employed. Any such interests on the part of CONTRACTOR or its employees must be disclosed in writing to CITY. 16.5.1 CONTRACTOR is aware of the conflict of interest code of the City of South Miami, the Conflict of Interest and Code of Ethics of Miami-Dade County, Florida, Section 2-11.1 et seq., and the Ethics Laws of the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. 16.6 Federal and State taxes. The CITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request, the CITY will provide an exemption certificate to the CONTRACTOR. The CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials to 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 all prior 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 in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 16.7.1 The following documents are made an integral part of this 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. This Agreement may be executed simultaneously in several counterparts, each of which will be an original, but all of which together will constitute one and the same instrument. 16.9 Waiver. A waiver by either the CITY or the CONTRACTOR of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 16.10 Severability, survival. If any provIsion of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provision had been severed and deleted. CSM Towing Services Agreement Page 23 of 25 16.11 Governing law and venue. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Miami-Dade County, and the Agreement will be interpreted according to the laws of Florida. 16.12 Priority of provisions. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way effect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement, and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 16.12.1 The provisions of this section shall not prevent the entire Agreement from being void should a provision, which is of the essence of the Agreement, be determined to be void. 16.13 Time is of the Essence. The CONTRACTOR agrees to start all work and to complete each assignment, task, or phase within the time 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 are not made at the time agreed upon, the CITY may, at its sole discretion, terminate this Agreement and proceed pursuant to Paragraph 13.1 (Termination by Default). 16.14 Joint preparation. Preparation of this Agreement has been a joint effort of the CITY and the CONTRACTOR and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 16.15 Headings. The headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of the Agreement. XVII. CONFLICT OF INTEREST 17.1 The CONTRACTOR represents that it has provided a list 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 it will not enter into any agreements during the term of this Agreement to provide services for any person or corporation who applies for a permit or other development approval from the CITY. Upon request of the CONTRACTOR, and full disclosure of the nature and extent of the 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 Records subject to the 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 or court orders without penalty or reprisal to the City for such disclosure and/or production. Contractor also agrees to assert, in good faith, any relevant exemptions provided for under Chapter 119 for records in its possession on CSM Towing Services Agreement Page 24 of 25 behalf of the City. Furthermore, Contractor agrees to comply with the provisions outlined in Section 119.0701 ofthe Florida Statutes, the requirements of which are incorporated herein. XIX. WAIVER OF TRIAL BY JURY 19.1 THE PARTIES TO THIS AGREEMENT HEREBY AGREE TO EXHAUST ALL ADMINISTRATIVE REMEDIES BEFORE FILING A LAWSUIT IN CIVIL COURT TO RESOLVE THE DISPUTE. CITY AND CONTRACTOR HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A 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, the parties have signed this Agreement this _ day of ____ of 2014. ATTESTED: Signature: ______ _ Name & Title: _____ _ ATTESTED: Signature: _____ _ Maria M. Menendez, CMC City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof: Signature: City Attorney COMPANY NAME, a Florida corporation By: _________ _ Name & Title . as its President CITY OF SOUTH MIAMI Signature: _______ _ Steven Alexander City Manager CSM Towing Services Agreement Page 25 of 25 Proposal Number & Title: Request for Proposal # 2013.02.22 Towing Services User Department: Police Department Bidder's Name Sunshine Towing, Inc. Magic Towing & Recovery, Inc. Ted and Stan's Towing Southland the Towing Company Southeast Towing Downtown Towing Co. Proposer CITY OF CORAL GABLES FINANCE DEPARTMENT / PROCUREMENT DIVISION ACKNOWLEDGEMENT (ADDENDUM -BID/PERFORMANCE BOND) Pre-Proposal Conference March 1, 2013 10:00 am (Non Mandatory) Contact Person: Major Ed Hudak Acknowledgment of Amount Proposed Addendum/Addenda Issued (1 issued) ~ Yes o No ~ Yes o No ~ Yes o No ~ Yes o No ~ Yes o No ~ Yes o No DYes o No DYes o No DYes o No DYes o No DYes o No DYes o No DYes o No Proposer's Name Proposal Opening Date March 22, 2013 2:00 pm Procurement Division Contact Information Phone: (305) 460-5413 Submitted Bid Bond / Performance Bond / Security Deposit (5%) Yes No Yes No 1: es No Yes No Yes No yes No Yes No Yes No Ies No Yes No Yes No Ies No Ies No Amount Opened/Received by: P. Katsaris/M. Gomez SELECTION CRITERIA Committee: P. Chircut, S. Masington, M. Miller TOWING SERVICES RFP 2013.02.22 EVALUATION COMMITIEE RESULTS Maximum SUNSHINE Points TOWING Proposer and Staff Qualifications and Experience (25 Points) 75 61 Towing Equipment (25 Points) 75 60 Storage Facility (25 Points) 75 54 Site Visit (15 Points) 45 38 References (10 Points) 30 30 Raw Score (Total) 243 Average Score 81 PROPOSERS DOWNTOWN SOUTHEAST SOUTHLAND TOWING TOWING TOWING 75 53 68 67 47 69 69 42 62 39 25 42 26 10 27 276 177 268 92 59 89 City of Coral Gables CITY COMMISSION MEETING July 23, 2013 lTEMTlTLE: Resolution accepting the recommendation of the Chief Procurement Officer to award Downtown Towing, Inc., the towing services contract pursuant to Section 2-828 entitled "Contract Award" of the Procurement Code and Request for Proposal (RFP) 2013.02.22 for an initial two (2) year period with an option to renew for three (3) additional one (1) year periods; further setting the attached proposed towing rates related thereto. DEPARTMENT HEAD RECOMMENDATION: I Approval. BRIEF HISTORY: This contract will provide city-wide towing services to include the removal, impounding and storage of vehicles upon request by the City of Coral Gables Police Department; along with the Fire, Parking, Automotive, and Code Enforcement Departments and the City Manager's Office; as well as the University of Miami and Centralized Valet. Under this contract, the City is not charged for these services; instead the fees for towing, storage and other services are charged to the vehicle owner directly. In addition, this contract will provide for towing of City vehicles in Miami-Dade County at no charge and the delivery of wrecked vehicles for the Fire Department for training purposes. Towing rates charged to vehicle owners under this contract, are specified in the RFP for residents and non-residents, and are comparable to cities in Miami-Dade County and do not exceed the maximum towing rates set by Miami- Dade County. For each tow, the City's towing contractor pays the City a $25 administrative fee for residents and $30 for non-residents. Six (6) proposals were submitted in response to RFP 2013.02.22 by Downtown Towing Company, Southland the Towing Company, Sunshine Towing, Inc., Southeast Towing, Magic Towing & Recovery, Inc., and Ted and Stan's Towing Services, Inc. However, two (2) proposals submitted from Magic Towing & Recovery, Inc., and Ted and Stan's Towing Services, Inc., were determined to be non-responsive by Procurement as the location of their vehicle storage facilities exceeded the five (5) mile limit from the Public Safety Building required in the RFP . . The Evaluation Committee conducted site visits at the location of each proposer to evaluate vehicle storage facilities . and equipment. The Evaluation Committee completed their evaluation of the proposals on June 28, 2013 and recommends that the towing services contract be awarded to Downtown Towing, Inc. ATTACl~F:N/S): 1. Resoh~ril( 2. Towing Rates 3. Evaluation Sheet 3. Tabulation Sheet 4. Bid Response Ci(I' Commission Agendll Cover Memo Ju~v 23, 2013 Detail by Entity N arne Address 18 N MIAMI AVENUE IAMI, FL 33127 L ROSAL, DAGMAR 18 N MIAMI AVENUE IAMI, FL 33127 arne Changed: 01/21/2003 L ROSAL, DAGMAR R 18 N MIAMI AVE IAMI, FL 33127 566271 591844781 02/15/1978 FL ACTIVE CANCEL ADM DISS/REV 09/28/2006 NONE Page 1 of4 http:// search. sunbiz. org/lnquiry ICorporationSearch/SearchResultDetail/Enti... 5/13/2014 Detail by Entity N arne Title DP DEL ROSAL, TIMOTHY R 2418 N MIAMI AVE MIAMI, FL 33127 h'"itle DT DEL ROSAL, THOMAS M 16810 PEGGY ROAD lALACHUA, FL 32615 !Annual Reports Report Year Filed Date 2012 03/30/2012 2013 03/21/2013 2014 04/24/2014 Document Imaces 04/24/2014 --ANNUAL REPORT 03/21/2013 --ANNUAL REPORT 03/30/2012 --ANNUAL REPORT 05/04/2011 --ANNUAL REPORT 03/25/2011 --ANNUAL REPORT 03/25/2010 --ANNUAL REPORT 03/04/2009 --ANNUAL REPORT 01/04/2008 --ANNUAL REPORT 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 in PDF format J View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF formafJ View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF forma£] View image in PDF format I View image in PDF format I View image in PDF format I [ View image in PDF format I Page 2 of4 http:// search. sunbiz.org/lnquiry ICorporationSearch/SearchResultDetail/Enti... 5/13/2014 Detail by Entity Name Copyright © and Privacy Policies State of Florida, Department of State Page 3 of4 http:// search.sunbiz. org/lnquiry ICorporationSearch/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: 2418N MIAMI AVENUE MIAMI, FL 33127 FEI Number: 59-1844781 Name and Address of Current Registered Agent: DEL ROSAL, DAGMAR 2418 N MIAMI AVENUE MIAMI, FL 33127 US FILED Apr 24,2014 Secretary of State CC4088385896 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Offic.er/Director Detail: Title Name Address OS DEL ROSAL, DAGMAR R 2418 N MIAMI AVE City-S~ate-Zip: MIAMI FL 33127 Title Name Address DT DEL ROSAL, THOMAS M 16810 PEGGY ROAD City-State-Zip: ALACHUA FL 32615 Title Name Address DP DEL ROSAL, TIMOTHY R 2418 N MIAMI AVE City-State-Zip: MIAMI FL 33127 Date I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, qr on an attachment with all other like empowered. SIGNATURE: TIMOTHY DEL ROSAL DS 04/24/2014 Electronic Signature of Signing Officer/Director Detail Date 30SE ,Ji' 1'~~K'cr'; . ' .~ c~ .. \.~ , SE The goal of the forum is to provide mental health professionals, community leaders, and parents with best practices that will equip them with important tools to produce positive outcomes in the lives of young black males. You will also learn how to detect early warning signs of mental health symptoms. In partnership with the Office of the Honorable Dennis C. Moss, Miami-Dade County Commissioner, District 9 .Guest Speaker: Matthew Woodfork. Ph.D. Moderator: Robert Sawyer, L.M.H.C. May 15th i 6:00 p.m. -8:30 p.m. Dade Regional Library SW 211th Street, Cutler 8ay, Fl33189 "''',....<"..-,,''' Today: http:;/tinyurl.com/BlackMaleSouth 1"1'''' (~ '~.' 1~ ~~~.~ .&~ ~ i1 5753 Bird Rd I Miami, FL 33155 I 305-667-3772 ~ ~ MiamiHerald.com I MIAMI HERALD CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday Mav 20 2014 beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution approving the amendment to the multi-year contract between the City of South Miami and Steven Alexander for City Manager Services. A Resolution authorizing the City Manager to execute a three (3) year inter-local agreement between Miami-Dade County, Miami-Dade Police department, and the City of South Miami for School Crossing Guard Services for 2014/2015, 2015/2016 and 2016/2017 school years. ( A Resolution authorizing the City Manager to enter into a two (2) year contract with Downtown Towing with the option 01'-V three (3) one (1) year additional periods of service. J An Ordinance amending Section 20-3.3(E) of the City 01 South Miami land Development Code concerning outdoor seating and dining requirements for aU commercial properties, except for properties in the RO -Residential Office zoning district An Ordinance amending Section 13-31 of the City of South Miami Code of Ordinances concerning use of the name "City of South Miami and city's official seal and logo. An Ordinance amending Section 20-2.3 -Definitions, to include a definition for Temporary Structures and Section 20-3.6(0 entitled Accessory Structures or Uses. An Ordinance of the City of South Miami, Florida amending the land Development Code, Section 20-4.5 repealing subsections (hi. (il. 01. (kl. (Q, (ml and (nl and adding section 20-4.5.1 titled "tree protection" including. bu1 no11imited to, prov~ions concerning intent, definitions, applicability and providing for tree removal requirements, applications, permits, fees tree mitigation and protection, enforcement, penalties, remedies, and appeals. An Ordinance amending the City of South Miami Code of Ordinances, Section 2-2.1 and adding subsection (0) to establish, pursuant to Section 286.0115, Florida Statutes, a procedure governing ex parte communications in connection with quasi-judicial matters. ALL interested parUes are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the publi~ that if a person decides to appeal any de~ision made by this Board, Agency or Commission with respect to any matter ~onsidered at its meeting or hearing, he or she will need a record of the proceedings. and that for such purpose, affe~ted person may need to ensure that a verbatim re~ord of the proceedings is made whi~h record indudes the testimony and evidence upon which the appeal is to be based. e Brad@72nd Ave. has partnered with the League Against Cancer to host the "Hope for Life" benefit event. With your small donation, you'll enjoy: • Hors d'oeuvres by Chef Pepe • Wine by Top Hat Wine & Spirits • Dessert by Doral Bakery • Music under the stars Raffle for exciting prizes The Shops at Lakeshore Park 48 Street & 72nd Avenue S.W, Saturday, May 17th, 2014 from 7pm. -11pm. • Artwork, jewelry, home decor and more donated by local retailers for purchase Join us! 100% of all proceeds will help those battling cancer MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared M. ZALDIVAR, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING FOR 5/20/2014 in the XXXX Court, was published in said newspaper in the issues of 05/09/2014 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Lega! Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisem nt r publication in the said newspaper. M. ZALDIVAR personally known to me '.THOMAS NoWY Public· State 01 FlOrida My Comm. Expires Ho'l2. 2017 com(ft\i$l(l(\ {# FF 034141 8oMtG~~ fCoWY AWl.