09-20-05 Item 9CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor
and City Commission
From: Maria V. Davis
City Manager .1� Z
REQUEST
South Miami
All•Ame ica City
I.F
2001
Date: September 20, 2005
Subject: Agenda Item # 9
Commission Meeting 09/20/05
Re: Towing Contract
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY
MANAGER TO EXECUTE A THREE YEAR CONTRACT, WITH TWO
ANNUAL RENEWAL OPTIONS WITH WESTBROOK MOTORS, INC., AS THE
CITY'S TOWING CONTRACTOR; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
Towing services are essential to the City and its police department. The last contract the City had was
with Absolute Towing, who provided free towing to all Police vehicles; however, it did not include free
towing to Public Works vehicles. The towing of a garbage or trash truck was costing the city
approximately $500.00 per tow depending on the type of vehicle and distance.
A Request For Proposals (RFP) was advertised and a selection committee was chosen to review
proposals and to submit selection recommendations. Only two vendors responded, Jade Towing and
Westbrook Motors, both located within a two mile radius of city limits - which was previously
established as a requirement on the RFP to insure adequate response time.
The city requested proposals which included free towing services for all City vehicles, to eliminate past
Public Works towing expenses, and an administrative fee of $20.00 per private tow for each call made by
the Police Department. This is a practice that most municipalities and cities utilize for their referrals.
Besides extensive insurance provisions, it was also required that the proposed towing agency own /lease
all of the necessary equipment so as to have immediate availability of the towing equipment needed,
particularly as South Miami is on the U.S.1 corridor, which is a heavily trafficked roadway.
Jade Towing did not own /lease the necessary equipment as requested on the RFP, therefore, Westbrook
Motors was the only vendor who met the RFP requirements per the selection committee.
The original Request for Proposal (RFP) and submitted proposals from Westbrook and Jade (due to their
volume) are not attached to this packet, but are on file with the City Clerk's office.
APPROVAL
Approval is recommended.
INTER - OFFICE MEMORANDUM
To: Maria Davis / Date: August 30, 2005
City Manager
From: Kathy Vazque Re: RFP Towing Services
Purchasing Mgr
On May 20, 2005, the City advertised its intention to accept proposals beginning on June
3, 2005 for City wide towing services.
The material requirements of the RFP are as follows:
1. Proposer must have a towing storage lot within 2 miles of City limits. This
requirement was to ensure accelerated response time and closer pick up service to the owners of
towed vehicles.
2. All City -wide, City owned vehicles or truck tows must be provided at no charge
to City.
3. Proposer must own all the necessary equipment, so as to have immediate
availability of the towing equipment particularly as South Miami is on the U.S. 1 corridor, which
is a heavily trafficked corridor. Additionally, as the City requires free tows for its large vehicles
(garbage trucks, etc.) the City needed to ensure availability of equipment by the selected towing
company.
4. Successful proposer will pay the City $20.00 per tow that has been referred to
them by South Miami Police Dept. A log shall be kept by the Police Dept. and the successful
proposer with all payments due to the City to be paid by the 15th of every month.
5. Extensive insurance requirements as indicated in the RFP.
6. The City's RFP was drafted after an extensive review of the Towing RFPs issued
by the City's of Hialeah, Miami, and Aventura.
June 17th was the deadline for proposers to issue written submittals requesting
clarification or more information of the RFP documents. On June 24th, the selection committee
conducted a mandatory pre - proposal conference where one of two Proposers', Jade Towing,
requested clarification of the RFP. Written responses to all requests were subsequently provided
to all proposers.
On July I" Jade Towing and Westbrook responded to the RFP. A third applicant was
rejected as his proposal was untimely as the applicant failed to appear at the mandatory pre -
proposal conference.
August 10th the selection committee met to review the two submitted proposals. The
selection committee consisted of:
1. Rudy De la Torre, So. Miami Public Works;
2. Capt. Nelson Andrew, West Miami Police Dept.;
3. Dan Salerno, South Miami Police Dept.;
4. Charles Blazek, South Miami Asst. to the City Mgr.; and
5. Kathy Vazquez, South Miami Purchasing Mgr.
After deliberation the committee voted 4 -0 (Rudy de la Torre was not present) to
recommend awarding the contract to Westbrook Towing Services, who met all the requirements
of the RFP.I The second proposer did not have the minimum qualifications as set out in the RFP.
The rejected proposer, Jade Towing could only provide services for smaller tows (Class A
wreckers). Prior to final selection, Rudy De la Torre advised the committee that, currently the
City's lack of a towing contract was very expensive to the City, as there have been several large
tows of public works vehicles. In fact, the last tow cost the City over $600.00. By using a
company which owns the larger equipment (Class C and D equipment) and by requiring such
towing services to be of no charge to the City, the City shall not incur such future costs. Based
upon the qualifications of Westbrook and the City's need for Class C and D wrecker services, the
committee selected Westbrook.
Please note that during the process, Ms. Eve A. Boutsis was present to provide legal
advice and guidance to the committee.
It came to the attention of the committee that a company known as Absolute Transfer had
gone bankrupt and may have been affiliated with Westbrook Motors as a predecessor in interest.
The committee asked for additional information regarding the possible predecessor affiliation
between the two companies. Westbrook's principals were not shareholders of Absolute. An
employee of Westbrook had been a principal of Absolute. The information, once disclosed, did
not disqualify Westbook as a proposer, as a predecessor in interest.
Therefore, on behalf of the RFP Selection Committee we are recommending that the City
of South Miami contract with Westbrook for City -wide towing services.
.11 � 11 ililill 111111,111 1 iiiiiiiiiiiiii�ll lis 1111111111111111111
:11 4mili • ir III � , im 1.
I Section 3® All ordinances or parts of ordinances in conflict with the provisions
2 of this ordinance are repealed.
3
4 Section 4, This ordinance shall be codified and included in the Code of
5 Ordinances.
6
7
Section 5, This ordinance shall take effect immediately upon enactment.
9
PASSED AND ADOPTED this
day of
10
I1
ATTEST:
PROVED:
12
13
14
CITY CLERK
MAYOR
15
16
1 " Reading —
17
2nd Reading —
18
19
COMMISSION VOTE:
20
READ AND APPROVED AS TO FORM
Mayor Russell:
21
Vice Mayor Palmer:
22
Commissioner lsco be:
23
CITY ATTORNEY
Commissioner Eirts- Cooper:
24
Commissioner Sherar:
25
Additions shown by underlining and deletions shown by
VAI IM MI "KIM] I I
WRIM �1140. Lei' ILI] '23M 10 1 i 141191IND IM10410"T DIV.
WHEREAS, pursuant to a duly advertised Request for Proposal CRFP"), the
towing agency submitted a proposal for city-initiated towing services to be performed on
a regular basis, to be determined by the city; and,
WHEREAS, on August 10, 2005 the towing RFP selection committee reviewed
the two proposals that responded to the RFP, and the recommendation was submitted to
the city manager; and,
WHEREAS, the towing agency, familiar with the scope of work consists of
providing police or city-initiated tow tiuck services and storage of towed or impounded
motor vehicles as provided in the RFP, has expressed its desire and willingness to
provide such towing services and having presented its qualifications to the city; and,
�KITJ: a, I DI J'
WN
ITUI, at.,recs-VIV po O rlo f.— LUM; Leff, I 11IM-SIOL FIA I
herein.
NOW THEREFORE, in consideration of the sum of $10.00, the mutual promises
and covenants contained in this agreement, and for other good and valuable
considerattor� the receipt and legal sufficiency of which is acknowledged by both parties,
the parties agree as follows:
1® Whereas Clauses.
1.1 The above whereas clauses are incorporated and made a part of this
M
towine aeencv
2® Duration of License.
3® Scope of Services®
3.1 The services to be performed by the towing agency are contained in
the Request for Proposal and the response to the Request for Proposal submitted by the
towing agency, which are attached as composite exhibit 1.
® Compensation®
4.1 Towing services and payment to the city shall be as outlined in the
attached exhibit 2. If payments are delayed by 60 days or more, the city shall have the
right to demand discontinued performance of towing agency until payments are current
and to pursue any other available legal remedy.
5. Compliance with Federal, State and Local Laws.
5.1 The parties shall comply with all applicable laws, ordinances, codes,
rules and regulations of federal, state and local governments, including the city, and i-f
particular, the City of South Miami codes.
6® General Conditions.
so
towine aizencv-
7. Transfer and Assignment®
7.1 None of the work or services under this agreement shall be
subcontracted unless towing agency obtains prior written consent from the city.
Approved subcontractors shall be subject to each provision of this agreement and towing
agency shall be responsible and indemnify the city for all subcontractors' acts, errors or
omissions.
8. Contingency Fee and Code of Ethics Warranty®
8.1 Towing agency warrants that neither it, nor any principal, employee,
agent, representative or family member has promised to pay, and the towing agency has
not, and will not pay a fee the amount of which is contingent upon the city awarding this
agreement to the towing agency.
8.2 The towing agency warrants that neither it, nor any principal,
employee, agent, representative or family member has procured, or attempted to procure,
tI` is agreement mi violation of any of the provisions of the Miami -Dade County or the
City of South Miami conflict of interest and code of ethics ordinances.
8.3 A violation of this paragraph will result in the termination of
7-greement and forfeiture of funds paid, or to be paid, to the towing agency.
9® Construction of Agreement.
9.1 This agreement shall be construed and enforced according to the
laws of the State of Florida. Venue for any litigation, which may arise in connection with
M
I , I
.T+ I- i,1
tI is agreement, shall be in Miami-Dade County, Florida. The towing agency agrees to be
subject to the jurisdiction (subject matter and in personas) of the courts in Miami-Dade
County, Florida and amenable to process.
10. Successors and Assigns®
10. 1 This agreement shall be binding upon the parties herein, their heirs,
executors, legal representatives, successors and assigns.
11. Indemnification.
12® Audit.
12.1 The city reserves the right to audit documents and financial records
1® Conflict of Interest.
to a2encv
13.2 The towing agency is aware of the conflict of interest laws
city, Miami-Dade County, Florida, State of Florida statutes and agrees that it shall fully
comply in all respects with the terms of said laws.
14® Independent Contractor®
15® Insurance®
15.3 All policies shall provide a notice of cancellation or restriction: The
policy or policies must be endorsed to provide city with 30 days notice of cancellation
and /or restriction.
A. Worker's Compensation Insurance to apply for all employees
in compliance with all Federal laws and the State of Florida Statutes Section 440, and
employer's liability insurance with limits not less that $100,000,00.
so
towina azenev
restrictive endorsements, as filed by the insurance services office, and must include:
C. Garage Keepers liability insurance in an amount not less than
$250,000.00 per occurrence for bodily insurance and property damage combined
endorsed to include:
(1) Automobile service operations.
(2) Garage keeper's legal liability covering perils of fire
and explosion, theft of an entire vehicle, not and civil comm
vandalism and malicious mischief.
(1) Owned vehicles; and
(2) Hired and non-ovyned vehicles. The risk manager may
waive this provision, if appropriate.
E. On Hook Liability insurance in an amount not less than
Rlsffl1ii i1
15.5 Failure to maintain the "insurance required above shall be just
grounds for immediate suspension or termination of this agreement.
city
15.6 The towing agency agrees that the insurance coverage required shall
include those classifications as are listed in standard liability insurance manuals, whi6i
most nearly reflect the operations of the wrecker company.
16. Cancellation without Cause.
16.1 ne city retains the right to cancel this agreement upon 30 days
written notice prior to the completion of the license term without penalty to the city.
17. Cancellation for Cause.
17.3 A termination for cause may occur due to: 1) the towing agency's
wWW misconduct or gross negligence; or 2) the towing agency's conscious disregard of its
ibligatioIF' hereunder or of any other duties reasonably assigned by city.
18. Equal Employment Opportunity.
M
towina aLyenev
A. The towing agency shall not discriminate against any
employee or applicant for employment because of race, color, religion, sex, or national
origin.
C. The towing agency shall post 'in conspicuous places available
to employees and applicants for employment the notices to be provided by the
Contracting Officer that explain this clause.
D. The towing agency shall, in all solicitations or advertise II enT
for employees placed by or on behalf of the towing agency, state that all qualififi -
1
aplicants will receive consideration for employment without regard to race, col
religion, sex, or national origin. I
F. The towing agency shall comply with Executive Order 1124
as amended, and the rules, regulations, and orders of the Secretary of Labor. I
H. In the event of a determination that the towing agency is not
City
tows 12 aLrencv
19® Default.
19.1 Insolvency/Bankruptcy. The agreement shall be in default if during
the terms of this agreement.
(1) files a voluntary petition in bankruptcy;
adjudicated misolvent;
(3) obtains an order for relief under Section 301 of the
M-. �; - M
(6) makes an assignment for the benefits of creditors;
(7) fails to pay towing agency's debts generally as they
City
towina aizencv
19.5 The city may terminate this agreement for cause and cause shall
include those events of default as provided in paragraph "N' above.
City
tows aizencv
due diligence, the time for cunng such default shall be extended for such period of time
as may be necessary under the circumstances.
24® Entire Agreement.
20.1 This agreement and its attachments and exhibits constitute the soli,
and only agreement of the parties and accurately set forth the rights, duties, ant
obligations of each to the other. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this agreement are of no force and effect.
21. Amendment.
21.1 No amendments to this agreement shall be binding on either party
unless in writing and signed by both parties.
22. Miscellaneous.
22.1 Captions, title and paragraph headings are for convenient reference
and are not a part of this agreement. Such captions, title or paragraph headings shall no)
be deemed in any manner to modify, explain, enlarge or restrict any of the provisions
contained in this agreement.
I aw, I t r!'161 0 V-14 I gal I I 1 -0 Ig 11 M 11 7IN—P-41"I TOM In I I I MIN ViN I I U-411 V I T"
22,3 No waiver or breach of any provision of this agreement shall
constitute a waiver of any subsequent breach of the same or any other provision hereof,
and no waiver shall be effective unless made in writing.
22.5 Further Assurances, all parties hereto upon the request of any other
N. rty shall execute such ffirther instruments or documents as may be reasonably required
En
towiniz aizencv-
by the requesting party to implement the terms, conditions and provisions of this
agreement.
The City of South Mi i Westbrook Motors, Inc.
0
Maria V. Davis,
City Manager
Approved as to Form and Legal Sufficiencl
By:
Eve A. Boutsis,
Office of City Attorney
Lo
Peter Hernandez,
President
city
towin2 aaencv