HomeMy WebLinkAboutRFP 23-05-01 Towing Services RFP # 23-05-01 PAGE 1
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
REQUEST FOR PROPOSALS
RFP # 23-05-01
TOWING SERVICES
RELEASE DATE: FRIDAY, MAY 12, 2023
VIRTUAL NON-MANDATORY
PRE-PROPOSAL CONFERENCE
MONDAY, MAY 22, 2023 AT 11:00 AM
ZOOM LINK:
https://us02web.zoom.us/j/88959877519
ALL QUESTIONS DUE: TUESDAY, MAY 23, 2023 AT 5:00 PM
SUBMISSION DUE DATE: TUESDAY, MAY 30, 2023 AT 11:00 AM
SUBMIT SEALED PROPOSALS TO:
Envelope must clearly provide your firm’s
name, phone # and contact information and
must be labeled with the RFP # and name.
CITY CLERK
SUNNY ISLES BEACH GOVERNMENT CENTER
18070 COLLINS AVENUE, 1ST FLOOR
SUNNY ISLES BEACH, FLORIDA 33160
RFP # 23-05-01 PAGE 2
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
TABLE OF CONTENTS
TABLE OF CONTENTS
PAGE NO.
LEGAL ADVERTISEMENT/ NOTICE TO FIRM 3
GENERAL TERMS & CONDITIONS 4
SPECIAL TERMS & CONDITIONS 9
SCOPE OF WORK / TECHNICAL SPECIFICATIONS 16
EVALUATION PROCESS 26
PROPOSAL FORMAT 28
BID SUBMITTAL FORM 30
ATTACHMENTS – ALL EXHIBITS MUST BE REVIEWED BY YOUR FIRM
ATTACHMENT A – MAXIMUM NON-CONSENT TOWING RATES
ATTACHMENT B – EQUIPMENT LIST
ATTACHMENT C - PROPOSAL FOR TOWING SERVICES
ATTACHMENT D – GEOGRAPHIC MAP OF CITY BOUNDARIES
AFFIDAVITS
NON-COLLUSIVE AFFIDAVIT
PUBLIC ENTITY CRIMES
EQUAL OPPORTUNITY / AFFIRMATIVE ACTION STATEMENT
CONFLICT OF INTEREST STATEMENT
DISPUTE DISCLOSURE FORM
ANTI-KICKBACK AFFIDAVIT
ANTI-BOYCOTT CERTIFICATION
E-VERIFY AFFIDAVIT
RFP # 23-05-01 PAGE 3
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
LEGAL ADVERTISEMENT
NOTICE TO BIDDER
NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Bids for the following work
as specified.
TOWING SERVICES
RFP No. 23-05-01
The Specifications for this Request for Proposal are available from DemandStar by calling (800) 711-1712
or by accessing their website at www.demandstar.com. Vendors who obtain the RFP Specifications from
sources other than DemandStar, Bidsync or the City of Sunny Isles Beach are cautioned that their Bid
response package may be incomplete.
Sealed proposals will be received by the City Clerk no later than 11:00 AM, on TUESDAY, MAY 30, 2023 at
the Sunny Isles Beach Government Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach,
Florida, 33160. Proposals received after this time will not be considered.
The envelope containing the Sealed Proposal must be clearly marked:
“SEALED PROPOSAL ENCLOSED PROPOSAL NO. 23-05-01
TOWING SERVICES
DUE DATE AND TIME: TUESDAY, MAY 30, 2023 NO LATER THAN 11:00 AM
The City reserves the right to reject any or all proposals, with or without cause, to waive technical errors
and informalities, and to accept the proposal which best serves the interest of, and represents the best
value to, the Owner in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of
the City of Sunny Isles Beach. Potential and actual proposers shall not solicit or otherwise communicate
in any manner whatsoever, directly or indirectly, with the City Commission, City Manager, evaluation
committee members, or City staff, other than Purchasing Division personnel, regarding this RFP from
the time of the RFP initial release through the award.
All questions regarding this RFP shall be directed in writing to Purchasing by May 23, 2023 AT 5:00 PM.
Questions must be submitted via email to: Purchasing@sibfl.net.
Pursuant to Florida Statutes 119.071, sealed bids, proposals or replies by an agency pursuant to a
competitive solicitation are exempt from inspection until such time as the agency provides notice of an
intended decision or until thirty (30) days after the opening of the bids, proposals, or final replies,
whichever is earlier.
Mauricio Betancur, CMC, City Clerk,
City of Sunny Isles Beach
RFP # 23-05-01 PAGE 4
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
SECTION 1
INSTRUCTIONS TO PROPOSERS / GENERAL TERMS AND CONDITIONS
THESE INSTRUCTIONS ARE STANDARD FOR ALL BID COMMODITIES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY DELETE,
SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS
OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIO0NS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE
PROVISIONS INCLUDED WITHIN THIS BID OR RFP SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER
REGARDLESS OF ANY LANGUAGE IN BIDDER’S CONTRACT TO THE CONTRARY.
1.1 CLARIFICATION/EXPLANATION/QUESTIONS:
Any questions concerning the RFP Specifications or any required
need for clarification must be addressed to Purchasing at
Purchasing@sibfl.net by the date mentioned above.
Interpretations or clarifications considered necessary by the
City will be issued by addenda and posted/disseminated by
DemandStar (www.demandstar.com) to all parties listed on the
official plan holders’ list as having received the Bid documents.
Only questions answered by written addenda shall be binding.
Oral interpretations or clarifications shall be without legal
effect. No plea of ignorance or delay or required need of
additional information shall exempt a Proposers from
submitting their Bid on the required date and time as publicly
noted.
1.2 PLAN HOLDER’S LIST:
As a convenience to vendors, the City of Sunny Isles Beach has made
available via internet lists of all plan holders for each Request for
Proposal, Request for Qualifications, and Invitation to Bid. The
information is available via DemandStar by calling (800) 711-1712 or
by accessing their website at www.demandstar.com and Bidsync by
calling (800) 990-9339 or by accessing their website at
www.bidsync.com or by calling the Office of the City Clerk at (305)
792-1703.
1.3 ADDENDA TO SPECIFICATIONS:
If any addenda are issued after the initial specifications are released,
the City will post and disseminate the addenda through DemandStar.
For those projects with separate plans, blue prints, or other materials
that cannot be accessed through the internet, the Office of the City
Clerk will make good faith effort to ensure that all registered
Consultants (those who have been registered as receiving a Bid
package) receive the documents. It is the responsibility of the
vendor prior to the submission of any Bid to check the above website
or contact the Office of the City Clerk at (305) 792-1703 to verify any
addenda issued. The receipt of all addenda must be acknowledged
on the Bid Response Sheet.
1.4 SPECIAL ACCOMMODATIONS:
Any person requiring a special accommodation at a Pre-Bid
Conference or Bid/RFP/RFP opening because of a disability should
call the Office of the City Clerk at (305) 792-1703 at lease five (5)
days prior to the Pre-Bid Conference or Bid/RFP/RFP opening. If you
are hearing or speech impaired, please contact the Office of the City
Clerk by calling the City of Sunny Isles Beach using the Florida Relay
Service which can be reached at 1(800) 955-8771 (TDD).
1.5 PUBLIC ENTITY CRIMES STATEMENT:
Pursuant to the provisions of paragraph (2) (a) of section 287.133,
Florida statutes -"a person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime
may not submit a Bid on a contract to provide any goods or services
to a public entity, may not submit a Bid on a contract with a public
entity for the construction or repair of a public building or public
work, may not submit Bids on leases of real property to a public
entity, may not be awarded to perform work as a Contractor,
supplier, sub-Contractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in
excess of the threshold amount provided in section 287.107, for
category two for a period of 36 months from the date of being placed
on the convicted vendor list”.
1.6 BID DEADLINE:
Bids must be submitted no later than the time and date shown within
this document.
1.7 SEALED BID:
The entire Bid Response Package shall be placed in an opaque
envelope (with all items listed on the Bid checklist form and all other
items required within this Request for Proposal must be executed)
and submitted in a sealed envelope.
1.8 BID EXECUTION, SIGNATURES, ERASURE/CORRECTION:
All Bids shall be signed in blue ink. All price quotes shall be
typewritten or printed with ink. All corrections made by the
Consultants prior to the opening must be initialed and dated by the
Consultants. No changes or corrections will be allowed after Bids are
opened. Bids must contain an original, manual signature of an
authorized representative of the company.
1.9 WITHDRAWAL OF BIDS:
Consultants may withdraw Bids only by written request and shall
forward the withdrawal request via “Certified U.S. Mail – Return
Receipt Requested” prior to the Bid opening time. Negligence on the
part of the Consultants in preparing the Bid confers no right for the
withdrawal of the Bid after it has been opened. The City will
permanently retain as liquidated damages the bid deposit furnished
by any bidder who requests to withdraw a bid after the bid opening.
1.10 BID OPENING:
Bids will be opened publicly at the time and place stated in the Notice
to Bidder. It is the responsibility of the Consultants to insure that
the Bid reaches the Office of the City Clerk on or before the closing
hour and date stated on the Request for Proposal. After the Bid
opening, the contents of the Bid Form will be made public for the
information of vendors and other interested parties who may be
present either in person or by representative. Bids that are received
after the Bid opening time will not be considered and will not be
returned.
1.11 EVALUATION OF BIDS:
The City, at its sole discretion, reserves the right to inspect any/all
Consultants facilities to determine their capability of meeting the
requirements for the Contract. Also, price, responsibility, and
responsiveness of the Consultants, the financial position, experience,
staffing, equipment, materials, references, and past history of
service to the City and/or with other units of state, and/or local
governments in Florida, or comparable private entities, will be taken
into consideration in the Award of the Contract.
1.11.1 Hold Harmless: All Consultant’s shall hold the City, it's
officials and employees harmless and covenant not to
sue the City, it's officials and employees in reference to
their decisions to reject, award, or not award a Bid, as
applicable.
1.11.2 Cancellation: Failure on the part of the Consultants to
comply with the conditions, specifications,
requirements, and terms as determined by the City,
shall be just cause for cancellation of the Award.
1.11.3 Disputes: If any dispute concerning a question of fact
arises under the Contract, other than termination for
default or convenience, the Contractor and the City
department responsible for the administration of the
Contract shall make a good faith effort to resolve the
dispute. If the dispute cannot be resolved by
agreement, then the department with the advice of the
City Attorney shall resolve the dispute and send a
RFP # 23-04-02 Page 5
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
written copy of its decision to the Contractor, which
shall be binding on both parties.
1.12 AGREEMENT:
After the Bid award, the City will, at its option, prepare an Agreement
specifying the terms and conditions resulting from the award of this
Bid. The vendor will have ten (10) calendar days after notification of
the award by the City to execute the Agreement and provide the
required Performance Bond.
The Consultants who has the Contract awarded to them and who
fails to execute the Agreement and furnish the Performance Bond
and Insurance Certificates within the specified time shall forfeit the
Bid Security that accompanied their Bid, and the Bid Security shall
be retained as liquidated damages by the City, and it is agreed that
this sum is a fair estimate of the amount of damages the City will
sustain in case the Consultants fails to enter into the Contract and
furnish the Bonds as herein before provided. Bid Security deposited
in the form of a cashier’s check drawn on a local bank in good
standing shall be subject to the same requirements as a Bid Bond.
The performance of the City of Sunny Isles Beach of any of its
obligations under the agreement shall be subject to and contingent
upon the availability of funds lawfully expendable for the purposes
of the agreement for the current and any future periods provided for
within the Bid specifications.
1.13 PAYMENTS:
Payment will be made after commodities/services have been
received, accepted, and properly invoiced as indicated in the contract
and/or purchase order. Invoices must bear the purchase order
number.
1.14 BRAND NAMES:
If a brand name, make, of any "or equal" manufacturer trade name,
or vendor catalog is mentioned whether or not followed by the words
"approved equal" it is for the purpose of establishing a grade or
quality of material only. Vendor may offer equals with appropriate
identification, samples, and/or specifications on such item(s). The
City shall be the sole judge concerning the merits of items Bid as
equals.
1.15 MATERIAL:
Material(s) delivered to the City under this Bid shall remain the
property of the seller until accepted to the satisfaction of the City.
In the event materials supplied to City are found to be defective or
do not conform to specifications, the City reserves the right to return
the product(s) to the seller at the seller’s expense.
1.16 SAMPLES:
Samples of items, when required, must be furnished by the
Consultants free of charge to the City. Each individual sample must
be labeled with the Consultants name and manufacturer's brand
name and delivered by them within ten (10) calendar days of
Consultants receipt of the “Notice to Proceed”, unless schedule
indicates a different time. If samples are requested subsequent to
the Bid opening, they should be delivered within ten (10) calendar
days of the request. The City will not be responsible for returning
samples.
1.17 QUANTITY GUARANTY:
No guaranty or warranty is given or implied by the City as to the total
amount that may or may not be purchased from any resulting
Contract or Award. These quantities are for Bid purposes only and
will be used for tabulation and presentation of the Bid. The City
reserves the right to increase or decrease quantities as required,
even significantly. The prices offered herein and the percentage rate
of discount applies to other representative items not listed in this Bid.
1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
In the event any governmental restrictions may be imposed which
would necessitate alteration of the material quality, workmanship, or
performance of the items offered on this Bid prior to their delivery,
it shall be the responsibility of the successful Consultants to notify
the City at once, indicating in their letter the specific regulation which
required an alteration. The City of Sunny Isles Beach reserves the
right to accept any such alteration, including any price adjustments
occasioned thereby, or to cancel at no further expense to the City.
1.19 SAFETY STANDARDS:
The Consultants warrants that the product(s) supplied to the City
conforms in all respects to the standards set forth in the occupational
safety and health act (OSHA) and its amendments. Bids must be
accompanied by a materials data safety sheet (MSDS) when
applicable.
1.20 WARRANTIES:
Successful Consultants shall act as agent for the City in the follow-
up and compliance of all items under Warranty/Guaranty and
complete all forms for Warranty/Guarantee coverage under this
Contract.
1.21 COPYRIGHTS/PATENT RIGHTS:
Consultants warrants that there has been no violation of copyrights
or patent rights in manufacturing, producing or selling of goods
shipped or ordered, as a result of this Bid. The seller agrees to
indemnify City from any and all liability, loss, or expense occasioned
by any such violation.
1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE
REGISTRATION):
The contractor shall be responsible for obtaining and maintaining
throughout the contract period his or her city and county local
business tax receipts. Each vendor submitting a Bid on this Request
for Proposal shall include a copy of the company’s local business
tax/occupational license(s) with the Bid response. For information
specific to City of Sunny Isles Beach local business tax/occupational
licenses, please call Code Enforcement & Licensing at (305) 792-
1705. If the contractor is operating under a fictitious name as
defined in Section 865.059, Florida Statutes, proof of current
registration with the Florida Secretary of State shall be submitted
with the Bid. A business formed by an attorney actively licensed to
practice law in this state, by a person actively licensed by the
Department of Business and Professional Regulations or the
Department of Health for the purpose of practicing his or her licensed
profession, or by any corporation, partnership, or other commercial
entity that is actively organized or registered with the Department of
State shall submit a copy of the current licensing from the
appropriate agency and/or proof of current active status with the
Division of Corporations of the State of Florida.
1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES:
Consultants shall assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, inspections, and insurance
required. The Consultants shall be liable for any damages or loss to
the City occasioned by negligence of the Consultants (or their agent)
or any person the Consultants has designated in the completion of
their contract as a result of the Bid. Contractor shall be required to
furnish a copy of all licenses, certificates of competency or other
licensor requirements necessary to practice their profession as
required by Florida State Statute, Miami-Dade County, and City of
Sunny Isles Beach Code. Contractors shall include current Miami-
Dade County Certificates of Competency. These documents shall be
furnished to the City along with the Bid response. Failure to furnish
these documents or to have required licensor will be grounds for
rejecting the Bid.
1.24 CERTIFICATE(S) OF INSURANCE:
Consultants shall furnish to the Office of the City Clerk, City of Sunny
Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160,
certificate(s) of insurance which indicate that insurance coverage has
been obtained from an insurance company authorized to do business
in the State of Florida or otherwise secured in a manner satisfactory
to the City, for those coverage types and amounts listed in this
document, in an amount equal to 100% of the requirements and
shall be presented to the City prior to issuance of any Contract(s) or
Award(s) Document(s). The City of Sunny Isles Beach shall be
named as "additional insured" with respect to this coverage. The
required certificates of insurance shall not only name the types of
policies provided, but shall also refer specifically to this Bid and
section. At the time of Bid submission the Consultants must submit
certificates of insurance as outlined in the General Conditions
section. All required insurances shall name the City of Sunny Isles
Beach as additional insured and such insurance shall be issued by
companies authorized to issue insurance in the State of Florida. It
shall be the responsibility of the Consultants and insurer to notify the
City Manager of the City of Sunny Isles Beach of cancellation, lapse,
or material modification of any insurance policies insuring the
Consultants, which relate to the activities of such vendor and the City
of Sunny Isles Beach. Such notification shall be in writing, and shall
be submitted to the City finance support service director thirty (30)
days prior to cancellation of such policies. This requirement shall be
reflected on the certificate of insurance. Failure to fully and
satisfactorily comply with the city's insurance and bonding
requirements set forth herein will authorize the City Manager to
RFP # 23-04-02 Page 6
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
implement a rescission of the Bid award without further City
Commission action. The Consultants hereby holds the City harmless
and agrees to indemnify City and covenants not to sue the City by
virtue of such rescission.
1.25 ASSIGNMENT:
The Contractor shall not transfer or assign the performance required
by this Bid without prior written consent of the City Manager. Any
award issued pursuant to the Request for Proposal and monies which
may be due hereunder are not assignable except with prior written
approval of the City Manager. Further, in the event that the majority
ownership or control of the Contractor changes hands subsequent to
the award of this contract, Contractor shall promptly notify City in
writing (via United States Postal Service – Certified Mail, Return
Receipt Requested) of such change in ownership or control at least
thirty (30) days prior to such change and City shall have the right to
terminate the contract upon sixty (60) days written notice, at City’s
sole discretion.
1.26 HOLD HARMLESS/INDEMNIFICATION:
The Contractor shall indemnify, hold harmless, and defend the City
of Sunny Isles Beach, it's officers, agents and employees from and
against any claims, demands or causes of action of whatsoever kind
or nature arising out of error, omission, negligent act, conduct, or
misconduct of the Contractor, their agents, servants or employees in
the provision of goods or the performance of services pursuant to
this Bid and / or from any procurement decision of the City including
without limitation, awarding the Contract to the Contractor.
1.27 NON-CONFORMANCE TO CONTRACT:
The City of Sunny Isles Beach may withhold acceptance of, or reject
items which are found upon examination, not to meet the
specification requirements. Upon written notification of rejection,
items shall be removed within (5) calendar days by the vendor at
their own expense and redelivered at their expense. Rejected goods
left longer than thirty (30) calendar days will be regarded as
abandoned and the City shall have the right to dispose of them as
its own property. Rejection for non-conformance or failure to meet
delivery schedules may result in the Contractor being found in
default.
1.28 DEFAULT PROVISION:
In case of default by the Consultants, the City of Sunny Isles Beach
may procure the articles or services from other sources and hold the
Consultants responsible for any excess costs occasioned or incurred
thereby.
1.29 SECONDARY/OTHER VENDORS:
The City reserves the right in the event the primary vendor cannot
provide an item(s) or service(s) in a timely manner as requested, to
seek other sources without violating the intent of the Contract.
1.30 DEFINITIONS:
Wherever used in these General Conditions or in the other Contract
Documents, the following terms shall have the meaning indicated
which shall be applicable to both the singular and plural thereof:
Acceptance: Acceptance by the City of the Work as
being fully complete in accordance with
the Contract Documents subject to
waiver of claims.
Agreement: The written Agreement between the City
and the Contractor covering the Work to
be performed, which includes the
Contract Documents.
Addenda: Written or graphic instruments issued
prior to the Bid Opening which modify or
interpret the Contract Documents,
Drawings and Specifications, by addition,
deletions, clarifications or corrections.
Approved: Means approved by the City.
Bid: The offer of the Consultants submitted
on the prescribed form setting forth the
prices for the Work to be performed.
Consultants: Any person, firm or corporation
submitting a Bid for Work.
Bonds: Bid, performance bond and other
instruments of security, furnished by the
Contractor and their surety in accordance
with the Contract Documents and in
accordance with the law of the State of
Florida.
Change Order: A written order to the Contractor signed
by the City authorizing an addition,
deletion or revision in the Work, or an
adjustment in the Contract Price or the
Contract Time issued after execution of
the Agreement.
City: City of Sunny Isles Beach, 18070 Collins
Avenue, Sunny Isles Beach, Florida
33160.
Contract Documents: Contract Documents shall include,
Instructions to Consultants, Contractor's
Bid, the Bonds, the Notice of Award, the
Agreement between the City and
Contractor as well as any addenda
thereto, these General Conditions,
Special Conditions, the Technical
Specifications, Drawings and
Modifications, Notice to Proceed,
Request for Proposal, Insurance
Certificates, Change Orders and
Acknowledgment of Conformance with
the City of Sunny Isles Beach.
Contract Price: The total monies payable to the
Contractor under the Contract
Documents.
Contract Time: The number of calendar days stated in
the Agreement for the completion of the
Work.
Contracting Officer: The individual who is authorized to sign
the contract documents on behalf of the
City’s governing body.
Contractor: The person, firm or corporation with
whom the City has executed this
Agreement.
Day: A calendar day of twenty-four hours
measured from midnight to the next
midnight.
Field Order: A written order issued by the City which
clarifies or interprets the Contract
Documents or orders minor changes in
the Work.
Modification: Modification means any one of the
following: (a) a written amendment of
the Contract Documents signed by both
parties, (b) a Change Order, (c) a written
clarification or interpretation if issued by
the City, or (d) a written order for minor
change or alteration in the Work issued
by the City. A modification may only be
issued after execution of the Agreement.
Notice of Award: The written notice by City to the apparent
successful Consultants stating that upon
compliance with the conditions precedent
to be fulfilled by him within the time
specified, City will execute and deliver
the Agreement to him.
Samples: Physical examples which illustrate
materials, equipment or workmanship
and establish standards by which the
Work will be judged.
Specifications: Those portions of the Contract
Documents consisting of written
technical descriptions of materials,
equipment, construction systems,
standards and workmanship as applied to
the Work.
RFP # 23-04-02 Page 7
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
Statement of Services: The form furnished by the City which is
to be used by the Contractor in
requesting progress payments.
Supplier: Any person or organization who supplies
materials or equipment for the Work,
including that fabricated to a special
design, but who does not perform labor
at the site.
Work: Any and all obligations, duties and
responsibilities necessary to the
successful completion of the Project
assigned to or undertaken by Contractor
under the Contract Documents, including
all labor, materials, equipment and other
incidentals, and the furnishing thereof.
Written Notice: The term “Notice” as used herein shall
mean and include all written notices,
demands, instructions, claims, approvals
and disapproval’s required to obtain
compliance with Contract requirements.
Written notice shall be deemed to have
been duly served if delivered in person to
the individual or to a member of the firm
or to an officer of the corporation for
whom it is intended, or to an authorized
representative or such individual, firm, or
corporation, or if delivered at or sent by
registered mail to the last business
address known to them who gives the
notice. Unless otherwise stated in
writing, any notice to or demand upon
the City under this Contract shall be
delivered to the City.
1.31 BID AWARD:
The City reserves the right to reject any and all Bids at its sole
discretion. Bids shall be awarded by the City after the City performs
all necessary searches, inquiries, exploration, and analysis of the
Bids. The Bid shall be awarded to the lowest responsible and
responsive Consultant whose Bid best serves the interests of and
represents the best value to the City in conformity with the criteria
set forth in Section 62-8 of the City Code. No Notice of Award will
be given until the City has concluded any investigation(s) as they
deem necessary to establish the Consultant’s capability to perform
the Services as described in this RFP, ITB, RFP or ITQ, as
substantiated by the required professional experience, client
references, technical knowledge and qualifications; and sufficient
labor and equipment to comply with the City’s established standards,
as well as the financial capability of the Consultant to perform the
Work in accordance with the Contract Documents to the satisfaction
of the City within the time prescribed. The City reserves the right to
reject the Bid of any Consultants on the basis of these queries and
investigations and who does not meet the City’s satisfaction, even
though the firm may be the lowest dollars and cents Bid. In
analyzing Bids, the City will also take into consideration client
references, past work experience and work product, proven ability
to satisfactorily perform. If the Contract is awarded, the City will
issue the Notice of Award and give the successful Consultants a
Contract for execution within ninety (90) days after opening of Bids.
The City specifically reserves the right to award the contract to a
Consultant who is not necessarily the lowest dollars and cents
Consultants on the basis of the results of these queries and
investigation(s).
1.32 EXECUTION OF AGREEMENT:
At least four counterparts of the Agreement, the Performance Bond,
the Certificates of Insurance and such other Documents as required
by the Contract Documents shall be executed and delivered by
Contractor to the City within ten (10) calendar days of receipt of the
Notice of Award.
1.33 LAWS AND REGULATIONS:
The Contractor will give all notices and comply with all laws,
ordinances, rules and regulations applicable to the Work. If the
Contractor observes that the Specifications are at variance therewith,
they will give the City prompt written notice thereof, and any
necessary changes shall be adjusted by an appropriate modification.
If the Contractor performs any Work knowing it to be contrary to
such laws, ordinances, rules and regulations, and without such notice
to the City, they will bear all costs arising wherefrom.
1.34 TAXES:
The City of Sunny Isles Beach is exempt from sales tax imposed by
the State and/or Federal Government. Florida Sales Tax Exemption
No. 23-00-477131-54C appears on each purchase order. Exemption
certificates are available upon request.
1.35 DUTY TO DEFEND, INDEMNIFY AND HOLD HARMLESS:
In consideration of the separate sum of twenty-five dollars ($25.00)
and other valuable consideration, the Contractor shall defend,
indemnify and hold harmless the City, its officers, agents and
employees, from or on account of any injuries or damages, received
or sustained by any person or persons during or on account of any
operations connected with the Work described in the Contract
Documents, or by or in consequence of any negligence in connection
with the same; or by use of any improper materials or by or on
account of any act or omission of the said Contractor or his Sub-
Contractor, agents, servants or employees. The Contractor will
defend, indemnify and hold harmless the City and their agents or
employees from and against all claims, damages, losses and
expenses including attorneys' fees arising out of or resulting from
the performance of the Work, provided that any such claim damage,
loss or expense (a) is attributable to bodily injury, sickness, disease
or death, or to injury to or destruction of tangible property (other
than Work itself) including the loss of use resulting wherefrom and
(b) is caused in whole or in part by any negligent act or omission of
the Contractor, Sub-Contractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may
be liable, regardless of whether or not it is caused by a party
indemnified hereunder. In the event that a court of competent
jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this
Work, then in lieu of the above provisions of this section the parties
agree that Contractor shall indemnify, defend and hold harmless the
City, their officers and employees, to the fullest extent authorized by
Sec. 725.06 (2) F.S., which statutory provisions shall be deemed to
be incorporated herein by reference as if fully set forth herein. In
the event that any action or proceeding is brought against City by
reason of any such claim or demand, Contractor, upon written notice
from City shall defend such action or proceeding by counsel
satisfactory to City. The indemnification provided above shall
obligate Contractor to defend at its own expense or to provide for
such defense, at City’s option, any and all claims of liability and all
suits and actions of every name and description that may be brought
against City, excluding only those which allege that the injuries arose
out of the sole negligence of City, which may result from the
operations and activities under this Contract whether the Work be
performed by Contractor, its Sub-Contractors, or by anyone directly
or indirectly employed by either.
1.36 DECISIONS ON DISAGREEMENTS:
The City will be the initial interpreter of the Technical Specifications.
1.37 CITY MAY TERMINATE:
If the Contractor is adjudged bankrupt or insolvent, or if they make
a general assignment for the benefit of their creditors, or if a trustee
or receiver is appointed for the Contractor or for any of their
property, or if they file a petition to take advantage of any debtor’s
act, or to reorganize under bankruptcy or similar laws, or if they
repeatedly fails to supply sufficient skilled workmen or suitable
materials or equipment, or if they repeatedly fail to make prompt
payments to Sub-Contractors or for labor, materials or equipment or
they disregard laws, ordinances, rules, regulations or orders of any
public body having jurisdiction, or if they disregard the authority of
the City, of if they otherwise violate any provision of, the Contract
Documents, then the City may, without prejudice to any other right
or remedy and after giving the Contractor and the surety ten (10)
days written notice, terminate the services of the Contractor and take
possession of the Project and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the
Contractor, and finish the Work by whatever method they may deem
expedient. In such case the Contractor shall not be entitled to
receive any further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct and indirect costs of
completing the Project, including compensation for additional
professional services, such excess shall be paid to the Contractor. If
such costs exceed such unpaid balance, the Contractor will pay the
difference to the City. Such costs incurred by the City will be
determined by the City and incorporated in a Change Order. If after
termination of the Contractor under this Section, it is determined by
a court of competent jurisdiction for any reason that the Contractor
was not in default, the rights and obligations of the City and the
Contractor shall be the same as if the termination had been issued
pursuant to this document.
1.37.1 Where the Contractor’s services have been so
terminated by the City said termination shall not affect
RFP # 23-04-02 Page 8
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
any rights of the City against the Contractor then
existing or which may thereafter accrue. Any retention
or payment of moneys by the City due the Contractor
will not release the Contractor from liability.
1.37.2 Upon ten (10) days written notice to the Contractor,
the City may, without cause and without prejudice to
any other right or remedy, elect to terminate the
Agreement. In such case, the Contractor shall be paid
for all Work executed and accepted by the City as of
the date of the termination. No payment shall be made
for profit for Work which has not been performed.
1.38 MISCELLANEOUS:
Consultants acknowledge the following miscellaneous conditions:
1.38.1 Whenever any provision of the Contract Documents
requires the giving of written notice it shall be deemed
to have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of
the corporation for whom it is intended, or if delivered
at or sent by registered or certified mail, postage
prepaid, to the last business address known to them
who gives the notice.
1.38.2 The Contract Documents shall remain the property of
the City. The Contractor shall have the right to keep
one record set of the Contract Documents upon
completion of the Project.
1.38.3 The duties and obligations imposed by these General
Conditions, Special Conditions and Supplemental
Conditions and the rights and remedies available
hereunder, and, in particular but without limitation, the
warranties, guarantees and obligations imposed upon
Contractor and those in the Special Conditions and the
rights and remedies available to the City, shall be in
addition to, and shall not be construed in any way as a
limitation of, any rights and remedies available by law,
by special guarantee or by other provisions of the
Contract Documents.
1.38.4 Should the City or the Contractor suffer injury or
damage to its person or property because of any error,
omission, or act of the other or of any of their
employees or agents or others for whose acts they are
legally liable, claim shall be made in writing to the other
party within a reasonable time of the first observance
of such in jury or damage.
1.39 WAIVER OF JURY TRIAL:
City and Contractor knowingly, irrevocably voluntarily and
intentionally waive any right either may have to a trial by jury in
State or Federal Court proceedings in respect to any action,
proceeding, lawsuit or counterclaim based upon the Contract
Documents or the performance of the Work there under.
1.40 GOVERNING LAW:
The Contract shall be construed in accordance with and governed by
the law of the State of Florida.
1.41 VENUE:
Venue of any action to enforce the Contract Documents shall be in
Miami-Dade County, Florida.
1.42 ARBITRATION:
It is the intention of the parties that whenever possible, if a dispute
or controversy arises hereunder then such dispute or controversy
shall be settled by arbitration in accordance with the procedures,
rules and regulations of the American Arbitration Association. The
decision rendered by the Arbitrator shall be final and binding upon
the parties and judgment upon the award rendered by the arbitrator
may be entered in any court having jurisdiction. Arbitration shall be
held in Miami-Dade County, Florida. All costs of arbitration and
attorneys’ fees incurred by the parties shall be paid by the non-
prevailing party or, if neither party prevails on the whole, each party
shall be responsible for a portion of the costs of arbitration and their
respective attorneys’ fees as may be determined by the court on
confirmation.
1.43 PROJECT RECORDS:
City shall have right to inspect and copy during regular business
hours at City’s expense, the books and records and accounts of
Contractor which relate in any way to the Project, and to any claim
for additional compensation made by Contractor, and to conduct an
audit of the financial and accounting records of Contractor which
relate to the Project. Contractor shall retain and make available to
City all such books and records and accounts, financial or otherwise,
which relate to the Project and to any claim for a period of three
years following final completion of the Project. During the Project
and the three year period following final completion of the Project,
Contractor shall provide City access to its books and records upon
five days written notice.
1.44 SEVERABILITY:
If any provision of the Contract or the application thereof to any
person or situation shall to any extent, be held invalid or
unenforceable, the remainder of the Contract, and the application of
such provisions to persons or situations other than those as to which
it shall have been held invalid or unenforceable shall not be affected
thereby, and shall continue in full force and effect, and be enforced
to the fullest extent permitted by law.
1.45 INDEPENDENT CONTRACTOR:
The Contractor is an independent Contractor under the Contract.
Services provided by the Contractor shall be by employees of the
Contractor and subject to supervision by the Contractor, and not as
officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee
benefits, purchasing policies and other similar administrative
procedures, applicable to services rendered under the Contract shall
be those of the Contractor.
1.46 FORCE MAJEURE
The Agreement which is awarded to the successful Consultant may
provide that the performance of any act by the City or Contractor
hereunder may be delayed or suspended at any time while, but only
so long as, either party is hindered in or prevented from performance
by acts of God, the elements, war, rebellion, strikes, lockouts or any
cause beyond the reasonable control of such party, provided
however, the City shall have the right to provide substitute service
from third parties or City forces and in such event the City shall
withhold payment due Contractor for such period of time. If the
condition of force majeure exceeds a period of 14 days the City may,
at its option and discretion, cancel or renegotiate the Agreement.
End of Section
RFP # 23-05-02 9
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
Section 2
Special Terms and Conditions
2.1 PURPOSE OF REQUEST FOR PROPOSALS:
The City of Sunny Isles Beach, Florida (the “City”) is inviting licensed and experienced towing firms
(the “firm” or “Contractor”) to submit qualifications and proposals to the City for the removal,
impounding, and/or storage of junk vehicles, abandoned vehicles, illegally parked vehicles, non-
drivable vehicles at accident scenes, the vehicles of prisoners arrested by the City of Sunny Isles
Beach Police Department, confiscated vehicles, or for any other reason that arises from the
streets or other areas within the City, or from other locations as directed by the Police
Department. The City of Sunny Isles Beach intends to enter into an agreement with two (2) or
more successful proposers to provide towing services on a month-to-month rotating basis. The
proposer(s) will provide 24 hour towing services, 365 days per year. The proposer will supply the
City with priority services.
Contractor and subcontractor facilities shall be within a 7-mile radius of the City, available
equipment/storage facility are subject to inspection by the City.
2.2 VIRTUAL NON-MANDATORY PRE-PROPOSAL CONFERENCE:
A non-mandatory pre-proposal conference will be held on MONDAY, MAY 22, 2023 at 11:00
AM to discuss the special conditions and specifications included within this solicitation.
No questions that will change the Scope of this RFP will be answered during the pre-proposal
conference. Firms have until the deadline indicated on page 1 to submit questions. Oral
statements may not be relied upon and will not be binding or legally effective. As such an
addendum will be issued if any alterations are made to the specifications contained herein.
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2.3 CONTRACT TERM
This contract will commence upon execution by both parties which shall be the effective date
succeeding approval of the contract by the City Commission, or designee, unless otherwise
stipulated in the Notice of Award letter. The contract shall be contingent upon the completion
and submittal of all required documents. This contract shall remain in effect until the completion
of services, provided that the services rendered by Firm during the contract period are satisfactory
and that City funding is available as appropriated on an annual basis.
RFP # 23-05-02 10
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
The contract shall be for a period of five (5) years from execution of the agreement, providing that
both parties agree that all terms, conditions and specifications remain the same, contingent upon
approval by the City Manager and the City Commission of the City of Sunny Isles Beach.
2.4 MINIMUM QUALIFICATION REQUIREMENTS (MQR)
In order to be considered responsive, Proposers shall, at a minimum, demonstrate compliance
with the requirements listed in this RFP. To be evaluated, all requested documentation and/or
information shall be provided in the Proposal to confirm that the Proposer has satisfied the
criteria outlined in this document. Proposers failing to meet these requirements may be deemed
non-responsive.
1. Proposing firm must maintain an office and adequate storage facility located within a
seven (7) mile radius of the Government Center located at 18070 Collins Avenue, City of
Sunny Isles Beach, Florida. Firm must provide proof of ownership or lease agreement for
the storage facilities with the proposal response.
2. Proposing firm must provide copies of a general towing and wrecker service license.
Proposer shall be fully licensed to perform the work described herein and shall comply
with all applicable State Statutes and local codes and ordinances.
3. Proposing Firm and/or named parties to the project for the response to this RFP must
service/ or have serviced two (2) different municipalities/government agencies of
similar size and scope as being requested in this RFP since 2017.
2.5 METHOD OF AWARD
Firms will be evaluated by relevant experience, preferably with government agencies, successful
past performance, no conflicts of interest, approach to the project and whose proposal best
serves the interest of and represents the best value to the City in conformity with the criteria set.
Selection shall be by the evaluation Committee selected by the City of Sunny Isles Beach. The City
Manager may also reject all proposals received. Section 62-8 of the City Code provides that the
City may consider the following:
• The ability, capacity and skill of the vendor to perform the Contract.
• The character, integrity, reputation, judgment, experience and efficiency of the vendor.
• The quality of performance of previous contracts with the City and references.
• The previous and existing compliance by the vendor with laws and ordinances relating to
• the Contract.
2.6 NO EXCLUSIVE CONTRACT
Firm agrees and understands that the contract shall not be construed as an exclusive arrangement
and further agrees that the City may, at any time, secure similar or identical services from another
vendor at the City’s sole option.
2.7 ADMINISTRATIVE FEE
RFP # 23-05-02 11
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
a. Proceeding the initial month of service, the Contractor shall submit a monthly reconciliation
report of services rendered during the previous month along with the Administrative Fee or
Charge.
b. The Contractor shall charge for vehicle towing and/or storage in accordance with the schedule
of rates attached hereto as Exhibit “A”: Miami-Dade County Towing Fees for Non-Consent Tows,
and made a part hereof by reference, as adjusted by Miami-Dade County from time to time.
c. Pursuant to House Bill 133, codified as § 166.04465, Florida Statute as may be amended from
time to time, the contractor shall impose and collect a twenty five percent (25%) Administrative
Fee or Charge of the maximum towing rate on the registered owner or other legally authorized
person in control of a vehicle or vessel on behalf of the city for vehicles towed from public
property within the geographic bounds of the City- as described in Exhibit “D”.
LATE PAYMENT OF ADMINISTRATIVE FEE
Administrative fees not paid by the first business day of each month are considered late. Per
Section 4.5.1, the City may draw against Contractor’s performance bond and assess a 1-1/2%
penalty charge any time that the Towing Company is ten (10) days late in providing its required
payment(s) to the City.
2.8 EXEMPT CHARGES
City vehicles up to and including 3 (three) ton trucks shall be towed or serviced at no charge
anywhere within Miami-Dade County and Broward County and Palm Beach County.
The City will not be charged for any scrap or derelict vehicles disposed of by the tow company.
Towing or servicing of City vehicles over 3 (three) tons shall be at the contract rates specified
herein. Calls for towing City vehicles and buses shall be responded to within thirty minutes and
subject to the performance fee mentioned below.
2.9 PERFORMANCE BOND AND PAYMENT BOND
Intentionally Omitted
2.10 BID BOND
Intentionally Omitted
2.11 INSURANCE
Contractor shall provide the City with Certificates of Insurance on all the policies of insurance and
renewals thereof in form acceptable to the City. The Garage Liability policy shall provide that the
City shall be an additional insured named on the Certificates of Insurance. All policies shall provide
that the City shall be notified in writing of any cancellation of said policy at least thirty days prior
to the effective date of said cancellation.
RFP # 23-05-02 12
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
Garage Liability Insurance in an amount not less than $1,000,000 per occurrence for bodily
injury and property damage.
injury and property damage combined, endorsed to include:
a. Automobile service operations
b. Garage-Keeper’s Direct Legal Liability Insurance with minimum combined single limit coverage
of $1,000,000 per occurrence to protect the owners of any and all vehicles or trailers, towed or
stored from Proposer, pursuant to this Agreement, from loss, or damage to such vehicle or
trailer on account of such removal or storage.
2.11.1 Comprehensive General Liability Insurance
Contractor shall be required to purchase, maintain, and keep in full force, effect, and good
standing, Comprehensive General Liability with primary limits of One Million Dollars
($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate during the
initial and any renewal term of this Agreement. Coverage must be afforded on a form no
more restrictive than the latest edition of the Comprehensive General Liability policy,
without restrictive endorsements, as filed by the Insurance Services Office, and must
include:
• Premises and Ongoing Completed Operations – on a primary and non-
contributory basis including waiver of subrogation on behalf of the City of Sunny
Isles Beach.
• Independent Contractors
• Broad Form Property Damage
• Broad Form Contractual Coverage applicable to this specific Contract, including
any hold
• Harmless and/or indemnification agreement.
• Personal Injury Coverage with Employee and Contractual Exclusions removed,
with minimum limits of coverage equal to those required for Bodily Injury Liability
and Property Damage Liability.
• Name The City of Sunny Isles Beach as an “Additional Insured”.
2.11.2 Umbrella Insurance
Contractor shall be required to purchase, maintain, and keep in full force, effect, and good
standing, Umbrella Liability Insurance above the primary commercial general liability,
automobile liability, and employers' liability policies required herein. The limit shall not
be less than three Million Dollars ($3,000,000.00) each occurrence and annual aggregate
per occurrence during the initial and any renewal term of this Agreement.
2.11.3 Worker’s Compensation Insurance
RFP # 23-05-02 13
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
Worker's Compensation Insurance for statutory obligations imposed by Worker's
Compensation or Occupational Disease Laws, including, where applicable, the United States
Longshoremen's and Harbor Worker's Act, the Federal Employers’ Liability Act and the
Homes Act. Employer's Liability Insurance shall be provided with a minimum of One Million
and 00/100 dollars ($1,000,000.00) per accident. Contractor agrees to be responsible for the
employment, conduct and control of its employees and for any injury sustained by such
employees in the course of their employment.
2.11.4 Cancellation and Re-Insurance
If any insurance should be cancelled or changed by the insurance company or should any
insurance expire during the period of this contract, the Contractor shall notify the City of
Sunny Isles immediately and be responsible for securing other acceptable insurance to
provide the coverage specified in this section to maintain coverage during the life of this
Contract. All deductibles must be declared by the Contractor and must be approved by
the City. At the option of the City, either the Contractor shall eliminate or reduce such
deductible or the Contractor shall procure a Bond, in a form satisfactory to the City,
covering the same.
2.12 ANCILLARY SERVICES
Any ancillary services are to be performed only if required and appropriate. If any such charges
are questioned by the City, and such ancillary services were not noted on the Vehicle Storage
Receipt, it shall be the Contractor's responsibility to prove the validity of such charges.
2.13 CONTRACTOR'S EQUIPMENT DURING STATE OF EMERGENCY OR DISASTER
Contractor that is awarded a contract to tow for the City shall be responsible for the following:
The Contractor that is on call or on duty for the session or time when an emergency or disaster
strikes shall have available at least two (2) Class A wreckers or Class A flatbeds at the disposal of
the City's Police Department.
The City Manager or his designee will declare a state of emergency or state of disaster. The Chief
of Police or his designee will then notify each Contractor that a state of emergency or state of
disaster exists and the required equipment is ordered on standby.
The Contractor must acknowledge federal requirement for FEMA reimbursement as referenced
in Attachment D.
2.14 SUBCONTRACTORS
If the Contractor proposes to use subcontractors in the course of providing these services to
the City, this information shall be a part of the bid response, attachment C. Such information shall
be subject to review, acceptance and approval of the City, prior to any contract award. The City
reserves the right to approve or disapprove of any subcontractor candidate in its best interest and
to require Contractor to replace subcontractor with one that meets City approval.
RFP # 23-05-02 14
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
Contractor shall ensure that all of Contractor’s subcontractors perform in accordance with the
terms and conditions of this Contract. Contractor shall be fully responsible for all of Contractor’s
subcontractors’ performance, and liable shall be for any of Contractor’s subcontractors’ non-
performance and all of Contractor’s subcontractors’ acts and omissions. Contractor shall defend,
at Contractor’s expense, counsel being subject to the City’s approval or disapproval, and
indemnify and hold harmless the City and the City’s officers, employees, and agents from and
against any claim, lawsuit, third-party action, or judgment, including any award of attorney fees
and any award of costs, by or in favor of any Contractor’s subcontractors for payment for work
performed for the City.
A copy of the proposers’ and Subcontractors' Licenses shall be enclosed with each proposal.
2.15 EVENT OF DEFAULT
An Event of Default shall mean a breach of the Agreement by the Contractor. Without limiting
the generality of the foregoing and in addition to those instances referred to herein as a breach,
an Event of Default, shall include the following:
1. The Contractor has not repeatedly delivered service on a timely basis;
2. The Contractor has refused or failed, except in any case for which an extension of time is
provided, to supply enough properly skilled staff personnel;
3. The Contractor has failed to make prompt payment to subcontractors or suppliers for any
Services;
4. The Contractor has become insolvent (other than as interdicted by the bankruptcy laws), or
has assigned the proceeds received for the benefit of the Contractor's creditors, or the
Contractor has taken advantage of any insolvency statute or debtor/creditor law or if the
Contractor's affairs have been put in the hands of a receiver;
5. The Contractor has failed to obtain the approval of the City where required by the
Agreement;
6. The Contractor has failed in the representation of any warranties stated herein.
2.16 TERMINATION FOR CONVENIENCE
This agreement may be terminated immediately by the City without cause upon written notice to
the Contractor. In the event of such a termination without cause, the Contractor shall be
compensated for all services performed to the City’s satisfaction and prior to termination.
2.17 DAMAGE TO PUBLIC OR PRIVATE PROPERTY
Extreme care shall be taken to safeguard all existing facilities, site amenities, irrigation systems,
vehicles, etc. on or around the job site. Damage to public and/or private property shall be the
responsibility of the Contractor and shall be repaired and/or replaced at no additional cost to the
City.
RFP # 23-05-02 15
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
2.18 FEDERAL, STATE AND LOCAL REGULATIONS
The successful Consultant shall comply with all federal, state and local ordinances, regulations,
and rules as well as any other laws that would apply to the proposed project. Such Consultant
costs associated with regulatory requirements shall be included in the project cost whether
depicted specifically or not within the body of the proposal.
2.19 PUBLIC RECORDS
IF THE SUCCESSFUL PROPOSER HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUCCESSFUL
PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF
18070 COLLINS AVENUE, SUNNY ISLES BEACH, FL 33160. THE CITY CLERK’S
OFFICE MAY BE CONTACTED BY PHONE AT (305) 792-1703 OR VIA EMAIL
AT MBetancur@sibfl.net.
END OF SECTION
RFP # 23-05-02 16
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
SECTION 3
SCOPE OF SERVICES / TECHNICAL SPECIFICATIONS
3.1 SCOPE OF SERVICES
The City of Sunny Isles Beach is inviting licensed towing firms to submit qualifications and proposals to
the City for a multi-year exclusive agreement for citywide wrecker towing services. Contract scope
includes the removal and storage of vehicles and equipment that are creating a traffic hazard,
abandoned, disabled from a traffic crash, City Vehicles, or for non-consensual removal of vehicles from
public streets and areas within the City. The City of Sunny Isles Beach intends to enter into an
agreement with two (2) or more successful proposers to provide towing services on a month-to-month
rotating basis. The proposer(s) will provide 24 hour towing services, 365 days per year. The proposer
will supply the City with priority services.
Firms shall meet the qualifications as follows, to include but not be limited to the following:
1. Location shall be properly identified by signs on the exterior of the structure, i.e. visible from the
adjacent access road.
2. Firms must be regularly engaged in the towing business, be fully licensed to perform the work
described herein, have prior successful experience in providing similar services during the past three
(3) years, have satisfactory financial support, required equipment, staff, and organization sufficient to
ensure that they can satisfactorily provide the services if awarded an exclusive service agreement.
3. Successful contractor shall not have any pending criminal or administrative charges against the firm,
principal owners, partners, corporate officers, or management employees.
4. Twenty-four hour service for release of towed vehicles shall be available.
5. Ability to provide two (2) operators on duty at all times to avoid delays and be able to respond to
scene within thirty (30) minutes.
6. Ability to accept at least two (2) forms of payment from customers AT ALL TIMES, with a back-up
method for payment. The prices being charged for services shall be the same, regardless of the method
of payment selected.
7. The Contractor shall comply with all the requirements of the Florida Statutes, including but not
limited to Chapters 705, 713 and 715, in rendering towing services as specified herein. The Contractor
and his representatives shall obey all traffic laws of the State of Florida.
8. The firm, or principals of the firm, shall be regularly engaged in the business of providing the services
as described herein. The firm shall have a record of performance and operation within Miami-Dade
County for a three-year period of time immediately preceding this request for proposal. The firm shall
have sufficient financial support, equipment, and organization to insure that they can satisfactorily
execute the services if awarded a Contract under the terms and conditions herein stated. There shall
not be any pending criminal charges against the firm, principal owners, partners, corporate officers,
or management employees.
RFP # 23-05-02 17
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
9. The term "equipment and organization" as used herein shall be construed to mean a fully equipped
and well established operation as determined by officials of the Police Department of the City of Sunny
Isles Beach.
10. Proposer shall be fully licensed to perform the work described herein and shall comply with all
applicable State Statutes and local codes and ordinances.
11. At the discretion and/or direction of the City cleanup of hazardous materials at a crash scene or
for hazardous materials cleanup may be necessary. The Contractor may charge the actual fee for the
cleanup plus 20% for administrative and other cost related to the hazardous materials cleanup,
remediation of the environment and proper disposal of materials recovered and remediated from the
scene. Copies of actual charges must be submitted to City.
12. Applicant's firm shall be properly identified by signs on the exterior of the structure, i.e. visible
from the adjacent access road.
13. Inside Storage - Shall accommodate a minimum of four (4) vehicles. Shall have paved floor, i.e.
concrete or asphalt, in a condition acceptable to the City of Sunny Isles Beach Police Department, free
of dirt, standing water, vegetation, and/or articles inappropriate to or inconsistent with the operation
of a towing service. It shall have a working area of 12' x 20' per vehicle, with at least an 8' ceiling. Shall
have an outside window or ventilation system, and lighting sufficient to permit processing of vehicles.
It must be located within the property of the Contractor's towing facility or in close proximity (walking
distance). Said structure shall provide complete protection from weather and unauthorized entry.
14. Outside Storage - Shall be of a size to hold a minimum of fifty (50) vehicles, properly spaced to
provide access for removal or addition of vehicles. Must have a durable surface, properly drained, and
enclosed. Shrubbery, trees, and lawns shall be maintained and junk tires and auto parts shall not be
stored. It must be screened from all public rights-of-way by a six (6) foot masonry wall, or fence. Any
wire at the top of the wall or fence must be in addition to the six (6) foot. No repair work or servicing
of vehicles shall be permitted in the storage area. Facility should have video camera required on
exterior stored vehicles with at least 10 days of recorded time. Recording 24/7, low light cameras, or
lighted storage space. Cameras, security if away from outside facility.
15. The Contractor shall be responsible for all thefts and damage to stored vehicles occurring while
the vehicle is in its possession.
16. Cars designated for outside storage shall be charged at the outside storage rate. If the Contractor
prefers to use inside storage, he shall not charge a higher rate than the outside storage rate.
17. Office Facilities - Shall include telephone and rest room facilities and work space (i.e. desk, phone).
Shall have name and mailing address on front of building. Shall be separate from any other business
or enterprise. Office and storage shall be at one location. TWENTY-FOUR HOUR SERVICE FOR RELEASE
OF TOWED VEHICLES SHALL BE AVAILABLE.
18. Proposer’s business and storage facilities shall comply with all applicable Building, Zoning, and Fire
regulations.
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19. Applicant is presumed to be familiar with all laws, ordinances, rules, and regulations that may in
any way affect the work. Ignorance on the part of the Contractor will in no way relieve him from
responsibility.
20. Inappropriate decals on tow trucks to be removed. City reserves the right to determine what is
inappropriate.
21. To ensure the safe transport of individuals towed, the towing company will conduct the following
background of all tow truck drivers:
• Annual drug testing at a facility approved by the City.
• Submit copy of valid Florida driver’s license to the City for an annual driving history
review.
22. FDLE criminal history (FDLE website). The report will be submitted to the City for approval. The City
will consider the totality of the circumstances with emphasis on any felony convictions or convictions
of moral turpitude including but not limited to drugs, domestic violence, weapons offenses and sexual
offenses.
3.4 DROP FEES & CITY’S RIGHT TO CANCEL TOWS OR ORDER RELEASE OF VEHICLE
Drop fees occur when a vehicle owner arrives on the scene of a tow and the vehicle has been engaged
(hooked) by the tow truck, but the tow truck has not left the scene. Although Florida law allows towing
companies to assess a drop fee (of not more than 50% of the posted towing rates), the City’s towing
companies have agreed to voluntarily waive all drop fees. The same identification that is required to
retrieve vehicle from a tow facility is required for drop fees to be waived.
Contract Manager or designee reserves the right to cancel a tow on the scene before vehicle is
attached to wrecker. Contract Manager or designee also reserves the right to order the release of an
already impounded vehicle.
3.5 RESPONSE TIME
The awarded Bidder shall arrive at the site within thirty (30) minutes (for Emergency), and forty-five
(45) minutes (for non-emergency) calls. Proposer shall assess the call for service immediately, if the
proposer is unable to meet their obligation within the thirty-minute time limit, the proposer shall
immediately call the requesting department back and notify them that they cannot respond in a timely
manner. The proposer shall call designated City-approved subcontractor to respond to the City's call.
Subsequently, the City representative making the tow request shall be appropriately notified of the
call’s successful hand-off to subcontractor.
3.6 PERFORMANCE FEE
The Performance fee will insure that the Contractor provides prompt response to City’s
requests to tow vehicles and provide the services herein agreed to. Repeated penalties may
be subject to contract termination, per City’s discretion. Penalties shall be assessed
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accordingly in the event that said Contractor fails to respond to a call within the required
response times specified below:
Required Response Times
Service Request Required Response Time
Within
Penalty Amount
Emergency
Non-Emergency
Exceeds 30 minutes
Exceeds 45 minutes
$125.00
$100.00
3.7 NON-CONSENT TOW RATES
Non-Consent Tow Rates shall be in accordance with Miami-Dade County Maximum rates (Refer to
Attachment “A”) and will only be adjusted by County revisions to these rates. By submitting this
proposal, the proposer agrees to charge the rates specified herein.
Contractors shall have contract rates posted in an area that will be plainly visible to the public
(offices, waiting area, etc.). The rates and heading shall be posted wherever the contractor releases
vehicles at the storage compound.
3.8 FORFEITURE/CRIME SCENE TOW RATES
All vehicles towed to the City's Police Department for crime scenes and forfeitures will be at no cost
to the City. If a vehicle is returned to a towing contractor for release, the Contractor shall charge the
contract rates for towing and storage to owner.
3.9 EQUIPMENT REQUIREMENTS
Proposers shall provide and maintain and have available at all times a minimum of the following
equipment (described in further detail below):
• Four (4) Class A wreckers
• Two (2) slide-back carriers, Class A or B
• One (1) Class B wrecker
• One (1) Class C wrecker (or greater)
All vehicles must be owned or directly leased by the proposer. The proposer shall produce evidence
of ownership or valid first party lease of the required number of wreckers and slide back carriers.
A rental agreement of Class B or C wreckers does not meet the qualifications of this contract. All
equipment shall be maintained in a state of readiness for response as delineated in this contract, and
be for the sole use of the Contractor.
All wreckers will be registered and shall have the appropriate licenses to operate as wreckers. All
equipment shall be free of unsightly damages and shall always be clean and presentable to the public.
Inappropriate decals on tow trucks shall be removed. City reserves the right to determine what is
inappropriate. All trucks shall have fenders, doors, hoods, and bumpers intact at all times when in
operation. Company names, addresses, and phone numbers shall be visible on both doors of the
proposer call for service vehicles.
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EQUIPMENT REQUIRED ON EACH VEHICLE:
1. Sand or oil absorbent material
2. Heavy duty broom
3. Reflectors
4. Proper safety lights
5. Amber rotational dome light
6. Two flood lights at rear
7. Two-way radio
8. Quick-start jumper cable equipment
9. Safety cones (2 minimum, day-glow orange, 2' high)
10. Shovel
11. Axe
12. Fire extinguisher - 5 lb. dry chemical U.L. approved
13. (16) Unit First Aid Kit
14. Crow bar or pry bar
15. Bolt cutter
16. Water
17. Tire inflation capabilities
18. Extra towing chain (8' to 10' with hooks)
19. Necessary hand tools
20. 4-way lug wrench
21. Steering wheel lock or belt or rope
22. Two jack stands
23. Flashlight
24. Six 30-minute fuses
25. Any other equipment as deemed necessary by the City.
Lowboy specifications:
1. Hydraulic roll back, flatbed, tilt, self-loading with 50,000 lbs. minimum capacity. 60,000 lbs. GVW
2. Hydraulic winch capacity of 10,000 lbs. minimum
3. Size: 48 feet long and 102” wide
4. Company must have access to a certified scale capable of weighing vehicles involved in serious or
fatal accidents at the request of the investigator.
3.10 CHANGE OF TIRES / ROADSIDE ASSISTANCE
As a part of this service agreement, proposer agrees to respond to requests from the Police and other
City Departments to change vehicle tires where necessary and to provide roadside assistance. The city
shall have the right to contact a towing company on contract, despite the rotation period for such
services.
3.11 ANNUAL PERFORMANCE REVIEW, INSPECTIONS AND AUDITS
The City may conduct an annual performance review of the proposer. Criteria to be evaluated will
consist of, but not be limited to, response times, complaints received, care and custody of vehicles and
owners' possessions, condition of facilities and equipment, extent and clarity of records, and conduct
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of management and personnel. Such a review will be conducted ninety (90) days prior to the contract
anniversary date and proposer will be provided a written copy of the review. Within thirty (30) days
of the sending of the review, Contractor shall respond to the review in writing, and the parties shall
meet to discuss the review and other pertinent subjects. A final report that will consist of the review,
proposer’s written response, and a summary of the annual review meeting will be prepared by City
staff with a copy sent to the City Manager and proposer.
The proposer agrees that all records, equipment, personnel, office and storage facilities shall be
subject to periodic checks and quarterly audits by representatives of the City without prior notice.
3.12 STORAGE
The Contractor will maintain a storage garage and outside storage facilities complying with all
provisions of applicable building, zoning, environmental and ADA regulations sufficient to store all
vehicles under this contract until such vehicle(s) are claimed by the owner or otherwise disposed of
legally. The principal compound maintained by the Contractor, must be of sufficient size and capability
to accommodate impounded vehicles. Said compound shall be owned or leased by the Contractor and
shall be located in accordance with the distance requirements as specified by Florida Statute 715.07
et al. Storage facilities shall have office and restroom facilities. No repair work or servicing of vehicles
shall be permitted in the storage area. The storage facility shall meet the specifications set forth in
Section 713.78 (7)(b) as amended from time to time.
3.13 RELEASE
In the event the owners do not apply for release of the vehicle within the statutory period (F. S.
713.78), the Police Department must be notified prior to any procedure to junk or otherwise dispose
of the vehicle. Any confiscated vehicle identified by the Police Department as one for which they are
undergoing legal proceedings for transfer of title, or which is being held as part of a criminal
investigation, shall be handled in compliance with instructions of the Police Department. The owner
shall be furnished with an itemized statement of all charges for the impounding of the vehicle when
an impounded vehicle is claimed by the owner. The Contractor shall receive from the vehicle owner a
receipt and release for the vehicle and all the personal property therein, and the Contractor shall retain
receipts for one year.
The City of Sunny Isles Beach shall not be held responsible or liable to the Contractor for nonpayment
of any towing or storage fees to the Contractor by the owner of the vehicle. Personal property in the
vehicle stored by the Contractor shall not be disposed of to defray any charges for towing or storage
of vehicles without a court order.
3.14 VIEWING OF IMPOUNDED VEHICLES/REMOVAL OF PERSONAL PROPERTY
The Contractor shall allow the registered owner of an impounded vehicle or the registered owner's
agent or insurance representative (upon presentation of proper identification) to view and photograph
said vehicle on the Contractor's premises between the hours of 8:00 a.m. and 8:00 p.m., 7 days a week,
without any restrictions or requirements, other than proof of ownership or agency. If such proof of
ownership is claimed to be in the vehicle, the Contractor shall retrieve those items.
The Contractor shall permit every vehicle owner or authorized representative to inspect the towed
vehicle immediately upon his/her arrival at the storage site and before payment of charges. The
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vehicle owner or his/her authorized representative shall be permitted to remove from the vehicle any
and all personal possessions inside but not affixed to the vehicle, including but not limited to radios
and telephones, and all Contractors shall assist any vehicle owner/agent in doing so.
No release or waiver concerning payment of towing and storage shall be required as a condition of
release of personal property. The above provisions regarding the inspection, viewing, and
photographing of a towed vehicle and the release of personal property do not apply to vehicles marked
"HOLD" by the Police Department.
3.15 REPORTS
In addition to the Vehicle Storage Receipt written by the City's Police officer or aide, or City Inspector
at the scene, the following digital typed reports will be prepared and maintained by the Contractor(s)
at their place of business:
1. A log of all calls for service by the City's Police Department will be kept, with a column to
label by accidents, owner request, arrest, accidents, stolen, unknown, City vehicle etc. and
copy submitted to the City's Police Department, Administrative Division, once a month.
2. A log of all unclaimed vehicles will be submitted to the City's Police Department once each
month, one copy to the Police Department's Administrative Division.
3. A notification log indicating date, time, and method of notification to the registered owner
of an impounded vehicle, as in accordance with the State of Florida Statues, EXCEPT THAT
NOTIFICATION MUST BE MAILED TO REGISTERED OWNER WITHIN 48 HOURS OF PICK-UP OF
VEHICLE. The owner shall not be charged for storage for any days between 48 hours and the
actual time of mailing of notification.
4. A release report, along with the administration fees collected, shall be submitted once each
month to the Police Department's Administrative Division.
3.16 EMPLOYEES
Proposer shall be solely responsible for selecting, training and employing (or otherwise retaining)
such personnel as is necessary for proposer to satisfy the requirements of the Contract and to
satisfactorily perform the work and services required under the Contract.
o Proposer shall perform driver's license screening on all employees with driving
responsibilities and a copy of each employee's driver's license shall be kept on file by
Proposer and made available upon request of the City Manager or designee.
o The Service Provider represents that all of its drivers operating tow equipment
possess a valid driver’s license with a “CDL” endorsement as is applicable and
required for that vehicle.
o Proposer shall be required to provide all employees with uniforms. Which shall be
subject to the prior written approval by the City Manager or designee.
o Proposer shall perform drug test screening on all employees and provide pass/fail
results to the City Manager or designee, upon request.
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Any and all employees and/or other individuals retained by proposer, shall not, for any
purposes, be considered to be employees of the City of Sunny Isles Beach, and proposer shall
be solely responsible for their supervision and daily direction and control.
3.17 COMPLAINTS AND DISPUTES
All complaints will be forwarded to the contract manager. If the incident requires formal
investigation, the proposer will be notified of the complaint by certified mail. The proposer
will have seven (7) business days to reply to the complaint in writing. After the investigation
is completed, a memo will be forwarded to the Chief of Police regarding the outcome. If the
complaint is sustained, a recommendation of disciplinary action against the proposer will be
forwarded to the Chief of Police.
The proposer agrees that any complaints received by the City concerning misconduct on the
part of the proposer, such as excessive charges, poor business practices, damage to vehicles,
etc., that cannot be resolved between the proposer and the Police Chief’s designee, will be
referred to the Police Chief's office for appropriate action, including contract termination. If
the complaint is not resolved to the satisfaction of the Police Chief or the owner of the vehicle,
it may be referred to the City Manager's office.
3.18 PRIVATE COMMERCIAL TOWING COMPANIES
The City has the right to waive awarding bids from towing companies contracted to tow for private
commercial businesses within the City limits of Sunny Isles Beach due to conflicts of interest.
3.19 NON-EXCLUSIVE SERVICES
Nothing contained in this contract will prevent the owner or operator of a motor vehicle from calling
a wrecker or tow truck of their choice, or requesting that their vehicle be towed to a garage location
or compound of his/her choice and not that of the City’s proposer (s) for Towing Services, unless the
disabled vehicle cannot be removed in forty (40) minutes or less is creating a tie up of traffic or
hazardous situation, in the opinion of the officer at the scene.
3.20 CLEANUP
The Contractor, after arrival at the scene of an accident in which a tow is required by his firm, will be
responsible for removing from the street all broken glass and other nonhazardous matter that may be
in the street as a result of the accident. The cost of such normal accident cleanup shall be included in
the basic towing rate and no separate charge made to the City or vehicle owner. In the event the
accident creates a major oil or fuel spill, or other unusual circumstance that requires additional
Contractor staff or equipment the cost of such staff or equipment shall be charged to the vehicle owner
as complications. If the request to tow the vehicle is cancelled, the Contractor will still be required to
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remove any broken glass or debris from the street/roadway as well as other cleanup as required and
may charge the city up to $50 clean-up fee.
3.21 PROTECTION OF VEHICLE AND PROPERTY
In addition to the responsibility of providing security for stored vehicles, the Towing Company shall
assume responsibility for any articles of value left in the vehicle and listed on the property receipt
form. The Towing Company shall replace any such article upon verification of the loss by the
designated investigative agency representing the law enforcement agency with jurisdiction over the
storage facility, in accordance with State Statute 713.78. For reference purposes, 713.78 states:
(7)(a) A wrecker operator recovering, towing, or storing vehicles or vessels is not liable for damages
connected with such services, theft of such vehicles or vessels, or theft of personal property contained
in such vehicles or vessels, provided that such services have been performed with reasonable care and
provided, further, that, in the case of removal of a vehicle or vessel upon the request of a person
purporting, and reasonably appearing, to be the owner or lessee, or a person authorized by the owner
or lessee, of the property from which such vehicle or vessel is removed, such removal has been done
in compliance with s. 715.07. Further, a wrecker operator is not liable for damage to a vehicle, vessel,
or cargo that obstructs the normal movement of traffic or creates a hazard to traffic and is removed
in compliance with the request of a law enforcement officer. (b) For the purposes of this subsection,
a wrecker operator is presumed to use reasonable care to prevent the theft of a vehicle or vessel or
of any personal property contained in such vehicle stored in the wrecker operator’s storage facility if
all of the following apply:
1. The wrecker operator surrounds the storage facility with a chain-link or solid-wall type
fence at least 6 feet in height;
2. The wrecker operator has illuminated the storage facility with lighting of sufficient intensity
to reveal persons and vehicles at a distance of at least 150 feet during nighttime; and
3. The wrecker operator uses one or more of the following security methods to discourage
theft of vehicles or vessels or of any personal property contained in such vehicles or vessels stored in
the wrecker operator’s storage facility:
a. A night dispatcher or watchman remains on duty at the storage facility from sunset
to sunrise;
b. A security dog remains at the storage facility from sunset to sunrise; c. Security
cameras or other similar surveillance devices monitor the storage facility; or d. A
security guard service examines the storage facility at least once each hour from
sunset to sunrise.
(c) Any law enforcement agency requesting that a motor vehicle be removed from an
accident scene, street, or highway must conduct an inventory and prepare a written
record of all personal property found in the vehicle before the vehicle is removed by
a wrecker operator. However, if the owner or driver of the motor vehicle is present
and accompanies the vehicle, no inventory by law enforcement is required.
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A wrecker operator is not liable for the loss of personal property alleged to be
contained in such a vehicle when such personal property was not identified on the
inventory record prepared by the law enforcement agency requesting the removal of
the vehicle. If, in the opinion of the deputy/officer at the scene, the vehicle requires
special weather protection, the deputy/officer will so note it on the vehicle storage
receipt. The Towing Company shall then be required to a) provide inside storage for
said vehicle OR b) completely cover the vehicle with a weatherproof material. A one-
time fee of $20.00 will be allowed for the when weatherproofing material is used.
REPAIRS
a. CONTRACTOR shall not solicit to provide vehicle repair, paint and body, salvage, junkyard,
or recycling business directly, or indirectly for any vehicle towed pursuant to this Agreement
unless approved by Public Safety Provider. Non-compliance with this section could result in
termination for cause.
b. CONTRACTOR shall not to undertake any repairs to, or remove any part or parts from any
vehicle towed or stored pursuant to the provisions herein, without first obtaining permission
in writing from the owner or person entitled to lawful possession to complete the same. All
estimates for repair work will be in writing.
c. CONTRACTOR further agrees that when making any repairs, or rendering any estimates or
invoices, that CONTRACTOR shall abide by Florida Statutes relating to motor vehicles, sales,
repairs, maintenance and service, which chapter is incorporated herein by reference, and
made a part hereof. CONTRACTOR further agrees to post a sign in a prominent position in the
customer service reception and waiting areas stating whether CONTRACTOR has any financial
interest or connection with a repair, body or paint shop. Such financial interest or connection,
if any, will also be stated on the towing invoice and on the written estimates for repair.
END OF SECTION
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Section 4
Evaluation Process
4.1 Review of Proposals For Responsiveness
Each proposal will be reviewed to determine if the proposal is responsive to the submission
requirements outlined in the solicitation. A responsive proposal is one which follows the
requirements of this solicitation that includes all documentation, is submitted in the format
outlined in this solicitation, is of timely submission, and has the appropriate signatures as
required on each document. Failure to comply with these requirements may result in the
proposal being deemed non-responsive. The contract will be awarded to the lowest
responsible and responsive proposer whose proposal best serves the interest of and
represents the best values to the City in conformity with Section 62-8 of the Code of
Ordinances of the City of Sunny Isles Beach.
4.2 Criteria: Proposals will be evaluated on the criteria listed below.
Technical Qualifications
MINIMUM QUALIFICATION REQUIREMENTS (MQRs) – this criterion has
no points. If your Firm does not provide all the required MQRs
information, your Firm’s proposal will not be reviewed/evaluated, and
your Firm’s submission will be disqualified.
MAXIMUM
POTENTIAL POINTS
1. Firm’s Qualifications Experience with Governmental Entities
To include years of municipal experience, ability, capacity and skill
of firm(s), whether the firm is a certified minority business
enterprise, and adequacy of personnel to perform, including
timeliness, stability and availability and licenses.
30
2. Size, Condition and Location of the Fleet
Evaluation committee may must conduct a site-visit within 24-hour
notice to the firm’s lot as part of the evaluation.
20
3. Resources and Availability (Equipment, as listed in Attachment B)
Please provide a complete listing of equipment and vehicles that
will be utilized by Contractor during the provision of services as
described in this solicitation.
20
4. Approach to the Project
What steps will your organization take to ensure that the transition
and implementation for the Services runs smoothly.
10
5. References
References are required as a component of due diligence to
determine the capability of the proposing Firm to be able to
perform the required services.
20
TOTAL POINTS 100
4.2.1 MINIMUM REQUIREMENTS
In order to be considered responsive, Proposers shall, at a minimum, demonstrate
compliance with the following Pre-Qualification Criteria in their proposal. All
requested documentation and/or information shall be provided in the Proposal to
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confirm that the Proposer has satisfied the Prequalification Criteria in order to be
properly evaluated as listed herein. Proposers failing to meet these requirements
shall be deemed non responsive. The Proposer shall, at the time of Proposal
submittal, time of award, and throughout the duration of the Contract, continue to
meet the following Pre-qualification Criteria requirements as stated in the Solicitation
Documents.
4.3 Oral Presentations / Interviews / Facility Visits
Upon completion of the initial criteria evaluation, the City may elect to shortlist all responsive
proposals and may proceed with conducting oral presentation(s) with the Proposer(s) which
the City Manager or designee deems to warrant further consideration. Should the City require
such oral presentation(s), the Respondent(s) will be notified in advance of appearing before
the City Project Manager(s). The City also reserves the right to request additional materials of
Proposers, including, but not limited to, financial statements, etc. Upon completion of oral
presentation(s) and/or facility site visits, the City will re-evaluate the proposals remaining in
consideration based upon the written documents combined with the oral presentation(s)
and/or facility site visits.
4.4 Negotiations
The City may award a contract on the basis of initial offers received, without discussions.
Therefore, each initial offer should contain the Proposer’s best terms from a monetary and
technical standpoint.
Notwithstanding the foregoing, if the City and said Proposer(s) cannot reach agreement on a
contract, the City reserves the right to terminate negotiations and may, at the City Manager’s
or designee’s discretion, begin negotiations with the next lowest responsible and responsive
proposer. This process may continue until a contact acceptable to the City has been executed
or all proposals are rejected. No Proposer shall have any rights against the City arising from
such negotiations or termination thereof.
Any Proposer recommended for negotiations may be required to provide to the City:
a) Its most recent certified business financial statements as of a date not earlier than the
end of the Proposer’s preceding official tax accounting period, together with a statement
in writing, signed by a duly authorized representative, stating that the present financial
condition is materially the same as that shown on the balance sheet and income
statement submitted, or with an explanation for material change in the financial
condition. A copy of the most recent business income tax return will be accepted if
certified financial statements are unavailable.
b) Information concerning any prior or pending litigation, either civil or criminal, involving a
governmental agency or which may affect the performance of services to be rendered
herein, in which the Proposer, any of its employees or subcontractors is or has been
involved within the last three years.
END OF SECTION
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Section 5
Proposal Format
5.0 FORMAT
Proposers must submit (1) original and four (4) copies of the Proposal. The original Proposal must
contain an original signature. Be sure that the individual signing the Proposal is authorized to commit
the Proposer's organization to the Proposal as submitted. Each page of the Proposal should state the
name of the Proposer, the RFP number, and the page number. The City reserves the right to request
additional data or material to support Proposals. All material submitted in response to the RFP will
become the property of the City.
LABEL EACH SECTION AS NUMBERED
The proposal must be in the following format.
1. Company Information
In response to this Proposal, all Proposers must provide the following:
Name of Agency/Company (including any "Doing Business As" names)
Company Locations
Internet Web Site Address (if any)
Details of Entity Business Structure (Corporation, Partnership, LLC)
Date Founded
Home office address and telephone number, and local address and phone number
List of any outstanding litigation that would threaten the viability of the firm or the
performance of this contract
Proof of insurance
Picture Identification and Driver’s License of Drivers
Provide a history of any Criminal or Civil Litigation for a five-year (5) period of time
immediately preceding this Request for Proposal
2. Qualifications
Proposer’s relevant experience, qualifications and past performance
An explanation of why the Proposer is the best qualified to perform the contract and
demonstrate its qualifications including an item-by-item disclosure outlining how the
firm meets or exceeds the requirements of this RFP.
A schedule of proposed services. The schedule should include the Proposer's
understanding of the issues and tasks of the project at hand.
• Project list demonstrating this minimum experience and shall include, at a minimum: The
name, address, and phone number of the owner or owner’s representative familiar with
the work. Specifically list any projects, either complete or underway, that are located in
Miami-Dade, Broward or Palm Beach, Florida Counties.
• A list of all projects currently underway, the owner, base bid cost and expected
completion date.
3. Staffing
Relevant experience and qualifications of key personnel, including key personnel of
subcontractors, that will be assigned to this project and experience and qualifications of
subcontractors. Resumes of each person should be provided with emphasis being given to their
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experience, track record and training in similar work. The following information must also be
included:
• The size and experience of the company staff pool from which staff assigned to the
management contract can be drawn.
• The composition of the staff team should include:
• The names of the employees in the area responsible for this contract
• Their function in the company.
• The name of the person who will be responsible for the coordination of work.
• Experience and qualifications of staff and satisfactory record of performance of
staff
• Each Bid must identify the name(s) and address(es) of all Subcontractors, suppliers and
other persons and organizations including those who are to furnish the principal services.
If requested by City after Bid Opening and before Award, the successful bidder shall
submit to City additional detail on any or all Subcontractors or Suppliers including without
limitation, pertinent information regarding similar projects, and other evidence of
qualification for each such Subcontractor, Supplier, other persons or organization. If City,
after due investigation, has reasonable objection to any proposed Subcontractor,
Supplier, other persons or organization, it may request the successful Bidder submit an
acceptable substitute without an increase in Bid price.
4. Approach / Methodology
Proposers approach methodology to providing the services requested in this solicitation:
Suitability of the methodologies and approaches used in achieving tasks
Overall organization to completing the project
Ability to meet desired timelines and deadlines
Work plan explaining how they intend on meeting the established deadlines.
Explain how complaints are handled, and brought to the attention of the Police
Administrative staff.
5. References
Each Proposer must submit a list of three (3) references of Current and Past Customers,
preferably government agencies of which they have provided services similar in scope and
size of those described herein. No staff at the City of Sunny Isles Beach staff shall be listed
as a reference.
• Each Reference must be supplied on Client’s Letterhead
• Each Reference letter must be signed with contact person and phone number.
• Local References are preferred.
The City retains the right to request any additional information pertaining to the Proposer's
ability, qualifications, and procedures used to accomplish all work under the contract as it
deems necessary to ensure safe and satisfactory work.
6. Contract Forms
All completed contract forms
7. Exceptions
Firm must list any exceptions taken to the terms and condition in this RFP.
END OF SECTION
RFP # 23-05-02 30
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
DELIVER TO:
City of Sunny Isles Beach
City Clerk
18070 Collins Avenue
Sunny Isles Beach, FL 33160
REQUEST FOR PROPOSAL
SECTION 6
BID SUBMITTAL FORMS
OPENING: 11:00 A.M.
5/30/2023
PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN
CITY OF SUNNY ISLES BEACH, FLORIDA
NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be less all
taxes. Tax Exemption Certificate furnished upon request.
Issued by: Purchasing Agent
Genesis Cuevas
Date Issued:
05/12/2023
This Bid Submittal Consists of
Pages 31-34
Sealed bids are subject to the Terms and Conditions of this Request for Proposal and the accompanying Bid
Submittal. Such other contract provisions, specifications, drawings or other data as are attached or incorporated by
reference in the Bid Submittal, will be received at the office of the City Clerk at the address shown above until the
above stated time and date, and at that time, publicly opened for furnishing the supplies or services described in the
accompanying Bid Submittal Requirement.
RFP # 23-05-01
Towing Services
Firm Name:
________________________________________
Commodity Code(s):
RETURN ONE ORIGINAL AND FOUR COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS
FAILURE TO SIGN PAGE 35 OF SECTION 6 BID SUBMITTAL WILL RENDER YOUR BID NON-RESPONSIVE
RFP # 23-05-02 31
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
SECTION 6
BID SUBMITTAL FOR:
ACKNOWLEDGEMENT OF ADDENDA
INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES
PART I:
LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID
Addendum #1, Dated
Addendum #2, Dated
Addendum #3, Dated
Addendum #4, Dated
Addendum #5, Dated
Addendum #6, Dated
Addendum #7, Dated
Addendum #8, Dated
PART II:
NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID
FIRM NAME:
AUTHORIZED SIGNATURE: DATE:
TITLE OF OFFICER:
RFP # 23-05-02 32
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
BID SUBMITTAL FORM
Towing Services
The undersigned Proposer proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of
Sunny Isles Beach to perform and furnish all Services as specified or indicated in the Contract Documents for the
Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and
conditions of the Contract Documents.
The Proposer accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to
Proposers, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject
to acceptance for 90 days after the day of Bid opening. The Proposers agrees to sign and submit the Agreement
with the Bonds and other documents required by the Bidding Requirements within ten days after the date of the
City’s Notice of Award.
In submitting this Bid, the Proposer represents, as more fully set forth in the Agreement, that:
The Proposer has familiarized himself/herself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Law and Regulations that in
any manner may affect cost, progress, performance, or furnishing of the Work.
The Proposer has studied carefully all reports and drawings of subsurface conditions and
drawings of physical conditions.
The Proposer has given the City written notice of all conflicts, errors, discrepancies that it
has discovered in the Contract Documents and the written resolution thereof by City is
acceptable to the Proposer.
This Bid is genuine and not made in the interest of or on behalf of any undisclosed person,
firm or corporation and is not submitted in conformity with any agreement or rules of any
group, association, organization, or corporation; the Proposer has not directly or
indirectly induced or solicited any other Proposers to submit a false or sham Bid; the
Proposer has not solicited or induced any person, firm or corporation to refrain from
Bidding; and Proposer has not sought by collusion to obtain for itself any advantage over
any other Proposers or over the City.
The City and the successful Proposer will establish completion times for each individual Work Item and the successful
Proposer agrees that the work will be completed within the time frames agreed upon and stipulated in the Notice
to Proceed.
Firm Name:
_____________________________________________________________________________
Street Address:
_____________________________________________________________________________
Mailing Address (if different):
_____________________________________________________________________________
Telephone No. _______________________________Fax No. _________________________
RFP # 23-05-02 33
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
Email Address: _______________________________FEIN No. __/__-__/__/__/__/__/__/__
*“By signing this document the bidder agrees to all Terms
Signature:
__________________________________________________________________
(Signature of authorized agent)
Print Name: _________________________
Title:_________________________________________
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE
TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED
REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE
DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS
THE PROPOSER TO THE TERMS OF ITS OFFER.
RFP # 23-05-02 34
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
ATTACHMENTS