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ltr M Davis to Andrade*» Nov 83 3005 12t47 HP LASERJET FAX p.1 Maria V.Davis C«y 6130 SurtMt Orive South Miami,HorWa 39143-6083 TW:(306)688.2510 *Fax:(308)663-6345 E-Mail:n>d«vf»®e«yofcouthmlaml.n«* November 22,2005 Mr Julio Andrade,President Mr.Peter Hernandez,Director Jade Towing Southwest Transport,fern 5885 Commerce Lane DBA Westbrook Motors South Miami,Fl 33143-1759 Palm Ave Hialeah,Fl 33010 RE:RFP No.TOW5-20-2005 -CityofSouth Miami Towing Services Dear Gentlemen: After careful consideration and review of both proposals received bythe Ciiy of South Miami (hereinafter "City*)pursuant to RFP No.TOW5-20-2005 (hereinafter "RFP"),the City has elected to exercise its right to reject all proposals and re- advertise the RFPforC ity-wide towing services. itisthe City's goal toensure maximum competition among all potential proposers and lo securethebest values,prices,and consideration for the City of South Miami andits residents at the lowestpossible expense. The City only received two timely proposals in response tothe RFP.One proposal was not responsive because it did not address all ofthe required equipment needs specified in the RFP.The other proposal,that of Southwest Transport d/b/a Westbrook Motors (hereinafter "Southwesf),was initially thought tobe responsive;however,upon further analysis ft hasbeen determined that the proposal of Southwest is also not responsive to the RFP.It has recently been brought tothe City's attention that Westbrook Motors,Inc.isa separate- corporate entity from Southwest,and as such.Southwest asa dbttinct.antf separate proposer isnot qualified onthe basis ofits submission in response to theRFP bs itneither owns nor leases theequipmentrequiredby the RFP,the certificate ofinsurancesubmittedbySouthwestfor purposes of meeting the RFP's Insurance requirements lists Westbrook Motors,Inc.,aseparate corporate entity,asthe insured,and the required licenses,references,company experience,and letter of credit all pertain to Westbrook Motors.Inc.rather than Southwest Additionally,itis apparent from a review ofthe corporate records of Southwest -available atthe Florida Division of Corporations website-that unffl 2003,Southwesfs principal place of business was listed as Ooltewah, South Miami 'imr 2401 I'd XUd lBCaBSbll dH WdTt^-9 S002 90 osQ Mauraaiii Nov 23 2005 12i47 HP LASERJET FAX p.2 Tennessee,although atleastthreeofficerswerelistedwithMiami a<idre$&6'S. Southwest changed its officers andits principal place of business in 2003 whim Roberto Muriedas,a principal ofAbsolute Transfer,was named President, Manny Marino wasnamedVice President,andPeter Hernandez wins naimct Secretary/Treasurer.According totheonlinerecordsofthe Division of Corporations,Roberto Muriedas wasthe president of Southwest until January 2005,whenPeterHernandezwasnamed president,andtheotherlisted officers were removed. In light ofthe foregoing,itisinthe City's best interest to re-advertise RFP No. TOW5-20-2005 inordertoobtain qualified,responsive,and retsponsiMe proposals through fair andopen competition soastoensurethe City*!*ability to achieve its goal of securing city-wide towing servicesatthe best valu€>for the* Cityof South Miami. Sincerely Maria V.Davis City Manager oinc Cc:Mayor Russell,Vice Mayor Palmer,Commissioners Luis Figueredo,Esq. Kathy Vazquez E'd xud laraastn dH wdit>-9 sooa 90 ^a Dfec 062005 7:34PM HP LRSERJET FRX P-l INTRODUCTION /INFORMATION /SCHEDULE INTRODUCTION The City of South Miami,hereinafter referred to as the "City",is actively seeking Proposals from qualified and experienced individuals),groups(s),or company(s),etc.,hereinafter referred to as the "Proposer(s)", to provide towing and storage of motor vehicles upon the request of the City of South Miami Police Department and other departments ofthe City according to the City of South Miami and the terms, conditions,and specifications contained in this Request For Proposal (RFP)The City is seeking qualified Wrecker Companies located within the City of South Miami and/or located within a two (2)mile radius of city limits to provide prompt,reliable and efficient service ata uniform and reasonable cost. Itis the City's intention to solicit Proposals from as many Proposer(s)as are interested,to evaluate the Proposals,to conduct oral presentations if necessary,to verify the information presented and to award contracts tothe most responsive and responsible Proposer(s)selected as provided herein. Should there be any direct conflict between these terms and provisions and provisions of the City of South Miami,the provisions of the Request for Proposal shall apply.Every effort should be made to reconcile or interpret theRequestforProposaltoavoida conflict Cone of Silence The "Cone of Silence"specifically prohibits communication in regarding RFPs,(bids)or any solicitation with the City of South Miami staff except by written means,with copy filed with the City Clerk.Certain exceptions are made such as oral communications during pre-proposal conferences.This takes effect upon advertisement for Request for Qualifications and terminates when the City Manager makes recommendation for award totheCity Commission.In addition to any other penalties provided by law, violation ofthe Cone of Silence byany Proposer(s)shall render any proposal disqualified. INFORMATION /CLARIFICATION Requests for additional information or clarifications must be made in writing and received by the City Clerk specified on the cover sheet of this RFP,in accordance with the deadline for receipt of questions specified in the RFP and the Cone of Silence.The request must contain the RFP number and title, Proposer's name,name of Proposer(s)'s contact person,address,phone number,and facsimile number. Electronic facsimile or email requesting additional information will be received bytheCity Clerk for.this RFPatthe fax numberoremailaddress mmenendez(gcitvofsouthmiami.nett Facsimiles musthaveacover sheetwhichincludes,ataminimum,theProposer(s)'sname,nameofProposer(s)'scontact person, address,number of pages transmitted,phone number,facsimile number,and RFP number and title. The City will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued priortothe Proposal Submission Date.Proposer(s)should not rely on any representations,statements or explanations other than those made in this RFP or in any written addendum to this RFP.Where there appears tobe conflict between the RFP and any addenda issued,the last addendumissuedshall prevail. ELIGIBILITY Tobe eligible to respond to this RFP,the Proposer(s)must be regularly engaged inthe towing business in Miami-Dade County,Florida,have prior successful experience in providing similar services during thepast three (3)years,have satisfactory financial support,required equipment,and organization sufficient to ensure thattheycan satisfactorily provide the services if awarded a contract within one(1)month of proposal due date ora reasonable period of time thereafter.The Proposers)must own or lease the equipment identified at Page 11,Part II,Section 3(A).The Proposer(s)shall not have any pending criminal charges against the firm,principal owners,partners,corporate officers,or management employees. Proposers)meeting or exceeding the above eligibility requirements will be evaluated in accordance with evaluationcriteriacontainedintheRFPandasfurtherdeterminedbytheSelectionCommitteewhichshall consistof:1.Purchasing Manager,2.Chiefof Police orhis designee,3.Public Works Director orhis designee and 4.Astaffmember from another law enforcement agency familiar with Towing Services. .*.Statutes&Constitution :View Statutes :->2004->Ch0715->Section07#0715.07 :flsenate....Page1of3 Select Year:2004 The 2004 Florida Statutes TitleXl Chapter..7.15 View Entire Chapter REAL AND PERSONAL PROPERTY PROPERTY:GENERAL PROVISIONS 715.07 Vehicles parked on private property;towlng.-- (1)Asusedinthis section,the term "vehicle"means anymobile item which normally useswheels, whether motorized or not. (2)The owner or lessee of real property,oranyperson authorized by the owner or lessee,which personmaybe the designated representative ofthecondominium association if the realpropertyis a condominium,may cause any vehicle parked onsuch property without her orhis permission tobe removedbyaperson regularly engaged 1n thebusinessoftowing vehicles,without liabilityforthe costsof removal,transportation,or storage or damages caused by such removal,transportation,or storage,under any of the following circumstances: (a)Thetowingorremovalofanyvehiclefromprivateproperty without theconsentofthe registeredowneror other legallyauthorizedpersonincontrolof that vehicleis subject tostrict compliance with the following conditions and restrictions: 1 .a.Any towed orremoved vehicle mustbestoredatasitewithin 10 milesof the pointofremoval inanycountyof500,000populationormore,andwithin 15 milesofthepointofremovalinany countyoflessthan500,000population.Thatsitemustbeopenforthepurposeof redemption of vehiclesonanyday that thepersonor firm towingsuchvehicleisopenfortowingpurposes,from 8:00a.m.to6:00 p.m.,and,whenclosed,shallhaveprominently posted asignindicatinga telephonenumberwhere the operator ofthesitecanbereachedatalltimes.Upon receiptofa telephonedrequesttoopenthesitetoredeema vehicle,theoperatorshallreturntothesite within 1 hour or she or he will be in violation of this section. b.If notowingbusinessprovidingsuchservice is locatedwithinthe area oftowinglimitationsset forthin sub-subparagraph a.,the following limitations apply:anytowedor removed vehicle must be stored ata site within20milesof the pointofremovalinany county of500,000 population or more,and within 30 miles ofthepointof removal in any county oflessthan 500,000 population. 2.The person or firm towing or removing the vehicle shall,within 30minutesof completion of such towing or removal,notify the municipal police department or,inan unincorporated area,the sheriff ofsuch towing or removal,thestoragesite,thetimethe vehicle wastowedor removed, and the make,model,color,and license plate number ofthe vehicle and shall obtain the name of the person atthat department to whom such information was reported and note that name on the trip record. 3.If the registered owner or other legally authorized person in control ofthe vehicle arrives atthe scene prior to removal or towing ofthe vehicle,the vehicle shall be disconnected from the towing or removal apparatus,andthat person shall be allowed to remove the vehicle without interference upon the payment of a reasonable service fee of not more than one-half of the posted rate for such towing service as provided in subparagraph 6.,for which a receipt shall be given,unless that person refuses to remove the vehicle which is otherwise unlawfully parked. 4.The rebate or payment of money or any other valuable consideration from the individual or firm towing or removing vehicles to the owners or operators of the premises from which the vehicles are towed or removed,forthe privilege of removing or towing those vehicles,is prohibited. ht^://www.flsenate.gov/SMutes/index.cfm?p=2&App_mode=Display_Statute&Search_St...12/6/2005 E*d xuj laraasbn dH wdTv:9 3002 90 33a Statutes &Constitution :View Statutes :->2004->Ch0715->Section 07#0715.07 :flsenate....Page2 of 3 5.Exceptfor property appurtenant toandobviouslyapart of a single-family residence,and except for instances when notice Is personally givento the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable for unauthorized vehicles and subject to being removed at the owner's or operator's expense,any property owner or lessee,orperson authorized by the property owner or lessee,prior to towing or removing any vehicle from private property without the consent of the owner or other legally authorized person in control of that vehicle,must post a notice meeting the following requirements: a.The notice must be prominently placedateachdrivewayaccessorcurb cut allowingvehicular accessto the property,within 5 feet fromthepublic right-of-way line.If there arenocurbsor access barriers,the signs must be posted not less than one signfor each 25 feet of lot frontage. b.The notice must clearly indicate,in not less than 2-1nch high,light-reflective letters ona contrasting background,that unauthorized vehicleswillbe towed away at the owner's expense. The words "tow-away zone"must be Included on the sign in not less than 4-inch high letters. c.The notice must also provide the nameand current telephone number of the personorfirm towingorremoving the vehicles,ifthepropertyowner,lessee,orperson 1n control of the property has a written contract with the towing company. d.Thesign structure containing the requirednoticesmust be permanently Installed with the words"tow-awayzone"not lessthan3 feet andnotmorethan6 feet above groundlevelandmust becontinuously maintained on the propertyfornotlessthan24hoursprior to the towingor removal of any vehicles. e.Thelocal government may require permitting and inspection of these signsprior to anytowing or removal of vehicles being authorized. f.A business with20orfewer parking spacessatisfies the noticerequirementsofthis subparagraph byprominently displaying a sign stating -Reserved Parking forCustomersOnly Unauthorized Vehicles Will be Towed Away At the Owner's Expense"in not less than 4-inch high, light-reflective letters ona contrasting background, Abusinessownerorlesseemayauthorizetheremovalofavehiclebyatowingcompanywhenthe vehicle is parked insucha manner that restricts the normal operation of business;andifavehicle parked ona public right-of-way obstructs access toa private driveway the owner,lessee,or agent mayhavethevehicleremovedbya towing company upon signing anorderthatthevehiclebe removed without a posted tow-away zone sign. 6.Any person or firm thattowsor removes vehicles and proposes to require an owner,operator, or person in control ofa vehicle to pay the costs of towing and storage prior to redemption ofthe vehiclemustfileandkeepon record with the local law enforcementagencyacompletecopyof thecurrentratestobechargedforsuch services andpostatthestoragesitean Identical rate schedule and anywritten contracts with property owners,lessees,or persons in control of property which authorize such person or firm to remove vehicles as provided inthissection. 7.Any person or firm towing or removing any vehicles from private property without the consent ofthe owner orother legally authorized person in control ofthe vehicles shall,on any trucks, wreckers as defined in s.713,78(1 )(c),or other vehicles used inthe towing or removal,have the name,address,and telephone number of the company performing such service clearly printed in contrasting colors on the driver and passenger sides of the vehicle.The name shall be in at least 3- Inch permanently affixed letters,and the address and telephone number shall be 1n at least 1-inch permanentlyaffixed letters. 8.Vehicle entry for the purpose of removing the vehicle shall be allowed with reasonable care on http://wvw.flseimte.gov/Statutes/indexxfm?p=2&App_mod 12/6/2005 fr-d xbd israasbn dH wdi*-9 soob 90 o^a ^Statutes &Constitution :View Statutes :->2004->Ch0715->Section 07#0715.07 :flsenate....Page 3of3 the part ofthe person or firm towing the vehicle.Such person or firm shall be liable for any damage occasioned tothe vehicle if such entry is notin accordance withthe standard of reasonable care. 9.Whenavehiclehas been towed orremovedpursuanttothis section,1t must bereleasedtoits ownerorcustodianwithinonehourafterrequested.Anyvehicleowner,custodian,oragentshall havethe right to Inspect thevehicle before accepting its return,andnoreleaseor waiver ofany kind whichwouldreleasethe person or firm towing the vehicle from liability for damages notedby the owner orother legally authorized person atthetimeoftheredemptionmaybe required from anyvehicleowner,custodian,oragentasa condition of release ofthevehicletoits owner.A detailed,signed receipt showing the legal nameofthe company or person towingor removing the vehiclemustbegiventothe person paying towing orstorage charges atthetimeofpayment, whether requested or not. (b)These requirements shall bethe minimum standards and shall not preclude enactment of additional regulations byany municipality or county including the right to regulate rates when vehicles are towed from private property. (3)This section does not apply to law enforcement,firefighting,rescue squad,ambulance,or other emergency vehicles which are marked as such orto property ownedbyany governmental entity. (4)When a person improperly causes a vehicle to be removed,such person shall be liable to the ownerorlesseeofthevehicleforthecostof removal,transportation,and storage;any damages resulting from the removal,transportation,or storage ofthe vehicle;attorneys*fees;and court costs. (5)(a)Any person who violates the provisions of subparagraph (2)(a)2.or subparagraph (2)(a)6.is guilty ofa misdemeanor ofthe first degree,punishable as provided in s.771,082 or s.7Zi.fl.81, (b)Any person who violates the provisions of subparagraph (2)(a)7.is guilty ofa felony of the third degree,punishable as provided ins.775,082,s.7Z5J1&3,or s.775,084. History,-s.1,ch.76-83;s.221,ch.77-104;s.2,ch.79-206;s.2,ch.79-271;s.2,ch.79-410;s, 1,ch.83-330;s.51,ch.87-198;s.3,ch.88-240;s.9,ch.90-283;s.839,ch.97-102;s.18,ch. 2001-64. Disclaimer The Information on this system 1s unverified.The journals or printed bills of the respective chambers should be consulted for official purposes.Copyright <S>2000-2004 State of Florida. h«p://www.flae^12/6/2005 s-d xud israasbn dH wdit-9 sooa so o^a