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HomeMy WebLinkAboutRFP 17-11-01 Towing Services City of Sunny Isles Beach |Request for Proposal No. 17-11-01 1 Request for Proposals Services TOWING SERVICES RFP 17-11-01 Advertisement Date: Thursday, November 9, 2017 Non-Mandatory Pre-Bid Conference: Monday, November 20, 2017 at 2:00 PM All Questions Due: Monday, November 27, 2017 by 5:00 PM Submission due date: Monday, December 11, 2017 at 2:30 PM Submit to: Attn: City Clerk Sunny Isles Beach Government Center 18070 Collins Avenue 4TH Floor Sunny Isles Beach, Florida 33160 City of Sunny Isles Beach |Request for Proposal No. 17-11-01 2 TABLE OF CONTENTS Table of Contents Page 2 Legal Advertisement/Notice to Bidder Page 3 Instructions to Bidder / General Terms Section 1 Page 4 Special Terms & Conditions Section 2 Page 10 Scope of Work / Technical Specifications Section 3 Page 17 Evaluation Process Section 4 Page 27 Proposal Format Section 5 Page 29 Bid Submittal Form Section 6 Page 32 Affidavits Non-Collusive Affidavit Page 1 of 7 Public Entity Crimes Page 2 of 7 Equal Opportunity / Affirmative Action Statement Page 4 of 7 Conflict of Interest Statement Page 5 of 7 Dispute Disclosure Form Page 6 of 7 Anti-Kickback Affidavit Page 7 of 7 Attachments Attachment "A" Maximum Non-Consent Towing Rates Attachment "B" Equipment List Attachment “C” Proposal for Towing Services City of Sunny Isles Beach |Request for Proposal No. 17-11-01 3 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 Request for Proposals No. 17-11-01 The Bid Specifications for this Request for Proposal are available from DemandStar by calling (800) 711 - 1712 or by accessing their website at www.demandstar.com. The Bid Specifications may also be examined at the City of Sunny Isles Beach – Office of the City Clerk. Vendors who obtain the Bid Specifications from sources other than DemandStar or the City of Sunny Isles Beach are cautioned that their Bid response package may be incomplete. Addenda will be posted and disseminated by DemandStar at least five days prior to the submittal date to all vendors who are listed on the official list. The City may not accept incomplete Bids. Bids shall be on a lump sum basis; segregated Bids will not be accepted. Sealed Bids will be received by the City Clerk no later than 2:30 PM on Monday, December 11, 2017 at the Sunny Isles Beach Government Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach, Florida, 33160. Bids received after this time will not be considered. The City is under no obligation to return Bids. Timely submitted Bids will be opened publicly and read aloud at this time. The envelope containing the sealed Bid must be clearly marked: “FORMAL BID ENCLOSED” Towing Services Request for Proposals No. 17-11-01 OPENING DATE AND TIME: 2:30 PM on Monday, December 11, 2017 The City reserves the right to reject any or all Bids, with or without cause, to waive technical errors and informalities, and to accept the Bid, 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. All questions regarding Request for Proposal No. 17-11-01 shall be directed in writing to Mauricio Betancur, CMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Questions may be submitted via email to: MBetancur@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Mauricio Betancur, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Mauricio Betancur, CMC, City Clerk City of Sunny Isles Beach City of Sunny Isles Beach |Request for Proposal No. 17-11-01 4 SECTION 1 INSTRUCTIONS TO BIDDER / 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 CONDITIONS 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 this Request for Proposals or any required need for clarification must be made to Mauricio Betancur, CMC, City Clerk via email to: MBetancur@sibfl.net or via facsimile (305) 792- 1563 or via regular mail at: Mauricio Betancur, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Such requests for clarification/explanation or questions must be made in writing to Mauricio Betancur, CMC, Deputy City Clerk, at least five (5) business days prior to the date of the Bid opening. 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 Request for Qualification 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 Respondent from submitting their submission 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 Proposal, and request for qualifications. The information is available on-line at www.demandstar.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 proposers (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/RFQ 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/RFQ 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 proposers prior to the opening must be initialed and dated by the proposers. 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: Proposers 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 Proposers in preparing the Bid confers no right for the withdrawal of the Bid after it has been opened. 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 proposers 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 Proposers facilities to determine their capability of meeting the requirements for the Contract. Also, price, responsibility, and responsiveness of the Proposers, 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 Proposer’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 Proposers to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award. City of Sunny Isles Beach |Request for Proposal No. 17-11-01 5 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 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 Proposer who has the Contract awarded to it 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 Proposer 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 Proposers free of charge to the City. Each individual sample must be labeled with the Proposers name and manufacturer's brand name and delivered by them within ten (10) calendar days of Proposers 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 Proposers 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 Proposer 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 Proposers 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: Proposer 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 Proposer 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 Proposer shall be responsible for obtaining and maintaining throughout the contract period his or her city and county local business tax receipts. Each Proposer 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: Proposers shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The Proposers shall be liable for any damages or loss to the City occasioned by negligence of the Proposers (or their agent) or any person the Proposers 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: City of Sunny Isles Beach |Request for Proposal No. 17-11-01 6 Proposers 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 Proposers 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 Proposers 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 Proposers, 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 implement a rescission of the Bid award without further City Commission action. The Proposers 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 Proposers, the City of Sunny Isles Beach may procure the articles or services from other sources and hold the Proposers 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 Proposers submitted on the prescribed form setting forth the prices for the Work to be performed. Proposers: 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 Proposers, 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. City of Sunny Isles Beach |Request for Proposal No. 17-11-01 7 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 Proposers 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. 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 proposer 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 Proposer’s capability to perform the Services as described in this RFP, ITB, RFQ 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 Proposer 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 Proposers 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 Proposers a Contract for execution within ninety (90) days after opening of Bids. The City specifically reserves the right to award the contract to a proposer who is not necessarily the lowest dollars and cents proposers 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 SAVE 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- City of Sunny Isles Beach |Request for Proposal No. 17-11-01 8 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 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: Proposers 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 injury 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 City of Sunny Isles Beach |Request for Proposal No. 17-11-01 9 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 NON-DISCRIMINATION Any entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid/proposal on a contract to provide goods or services to a public entity, may not submit a bid/proposal on a contract with a public entity for construction or repair of a public building or public work, may not submit bids/proposals on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity End of Section City of Sunny Isles Beach |Request for Proposal No. 17-11-01 10 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 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. Proposer shall specify in their proposal one or two (1-2) subcontractors that may be called upon to perform services in an emergency situation. The proposer shall notify the City representative of the successful hand-off to the subcontractor. Contractor and subcontractor facilities shall be within 7-mile radius of the City, available equipment/storage facility are subject to inspection by the City. 2.2 PRE-BID CONFERENCE Non-Mandatory meeting on 11/20/2017 at 2:00 PM, First Floor Conference Room at the City of Sunny Isles Beach, Government Center located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. No claim of ignorance by the Bidder of conditions that exist, or that may hereinafter exist as a result of failure to make the necessary examinations or investigations or failure to fulfill in every detail the requirements of the contract documents, will be accepted as basis for varying the requirements of the City of Sunny Isles Beach. 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. 2.3 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. 2.4 INITIAL CONTRACT PERIOD AND CONTRACT RENEWAL The initial contract shall be for a period of three (3) years from execution of the agreement. In addition, the City reserves the right to renew the contract for two (2) additional one (1) year periods, providing that both parties agree that all terms, conditions and specifications remain the City of Sunny Isles Beach |Request for Proposal No. 17-11-01 11 same, contingent upon approval by the City Manager and the City Commission of the City of Sunny Isles Beach. 2.5 METHOD OF AWARD The contract will be awarded to the lowest responsible and responsive proposer whose proposal best serves the interest of and represents the best value to the City in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny Isles Beach. The City reserves the right to award contracts on a Primary or Secondary basis, if needed. 2.6 PRICE The Performance Fees shall remain fixed and firm through the term(s) of the contract. 2.7 PERFORMANCE BOND AND PAYMENT BOND Intentionally Omitted 2.8 BID BOND Intentionally Omitted 2.9 DELIVERY Definite Delivery 2.10 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. Garage Liability Insurance in an amount not less than $500,000 per occurrence for bodily 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. 2.10.1 Comprehensive General Liability Insurance City of Sunny Isles Beach |Request for Proposal No. 17-11-01 12 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 Gene ral 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. 2.10.2 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 One Million Dollars ($1,000,000.00) each occurrence and annual aggregate per occurrence during the initial and any renewal term of this Agreement. 2.10.3 Worker’s Compensation Insurance 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. 2.10.4 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 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. City of Sunny Isles Beach |Request for Proposal No. 17-11-01 13 2.11 BACKGROUND CHECKS The successful Proposer will be responsible for hiring the necessary personnel to conduct the specified services and will comply with all federal, state, and local laws related to minimum wage, social security, nondiscrimination, Americans with Disabilitie s Act (“ADA”), unemployment compensation, and workers’ compensation. All staff assigned to this contract shall be required, at their sole cost and expense, to pass a criminal background check prior to award of the contract. The criminal background check shall consist of a Florida Department of Law Enforcement (“FDLE”) Florida Crime Information Center/National Crime Information Center (“FCIC/NCIC”) criminal records check. Any employee not meeting this requirement will not be permitted to work at any City facility. 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 Each Contractor that is selected by the City and 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 frame 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. Contractors that are not on call or not on duty when an emergency or disaster strikes will make available one (1) Class A wrecker or Class A flatbed to the City's Police Department. The City Manager or his designee will declare a state of emergency or state of disaste r. The City Manager 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. 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. City of Sunny Isles Beach |Request for Proposal No. 17-11-01 14 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 Contract or 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 PROTECTION OF PROPERTY The proposer shall take extra precaution to protect all property while conducting services. Any damage done by the proposer shall be corrected to its original or better state, and shall be corrected to the satisfaction of the Contract Manager or designee. 2.18 LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS City of Sunny Isles Beach |Request for Proposal No. 17-11-01 15 Proposer agrees to comply, subject to applicable professional standards, with the provisions of any and all applicable Federal, State, County and City orders, statutes, ordinances, rules and regulations which may pertain to the Services required under the Agreement, including but not limited to: A. 41 CFR 60-1.4 - Equal opportunity clause. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor ag rees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. B. Miami-Dade County Florida, Department of Small Business Development Participation Provisions, as applicable to this Contract. C. Occupational Safety and Health Act (OSHA) as applicable to this contract. D. Environmental Protection Agency (EPA), as applicable to this Contract. E. "Conflicts of Interest" subject to the provisions of Chapter 112, Florida Statutes. F. The Contractor(s) shall adhere to the Florida Department of Transportation’s Uniform manual on Traffic Control for construction and maintenance work zones when working on or near a roadway. G. E-VERIFY: Proposer acknowledges that the City may be utilizing the proposer’s services for a project that is funded in whole or in part by State funds pursuant to a contract between the City and a State agency. Proposer shall be responsible for complying with the E -Verify requirements in the contract and using the U.S. Department of Homeland Security’s E -Verify system to verify the employment of all new employees hired by proposer during the Agreement term. The proposer is also responsible for e-verifying its subcontractors, if any, pursuant to any agreement between the City and a State Agency, and reporting to the City any required information. Proposer acknowledges that the terms of this paragraph are material terms, the breach of any of which shall constitute a default under the Agreement. H. Solicitation, Giving and Acceptance of Gifts Policy - Florida Statute 112.313 prohibits the solicitation or acceptance of Gifts. - “No Public officer, employee of an agency, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, or candidate would be influenced thereby.”“... The term ‘public officer’ includes any person elected or appointed to hold office in any agency, including any person serving on an advisory b ody.” City of Sunny Isles Beach |Request for Proposal No. 17-11-01 16 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 City of Sunny Isles Beach |Request for Proposal No. 17-11-01 17 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. Proposer shall specify in their proposal one or two (1-2) subcontractors that may be called upon to perform services in an emergency situation. The proposer shall notify the City representative of the successful hand-off to the subcontractor. Contractor and subcontractor facilities shall be within 7-mile radius of the City, available equipment/storage facility are subject to inspection by the City. 3.2 MINIMUM QUALIFICATIONS Firms shall meet the qualifications as follows, to include but not be limited to the following: 1. To be eligible to provide towing services for the City, firms 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. Location shall be properly identified by signs on the exterior of the structure, i.e. visible from the adjacent access road. 2. Firms must demonstrate that they have successfully completed services similar to those specified herein. 3. 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. 4. Successful contractor shall not have any pending criminal or admi nistrative charges against the firm, principal owners, partners, corporate officers, or management employees. 5. Twenty-four hour service for release of towed vehicles shall be available. 6. 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. City of Sunny Isles Beach |Request for Proposal No. 17-11-01 18 7. 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, regardle ss of the method of payment selected. 8. 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. 9. 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 with in 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. 10. 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. 11. Proposer shall be fully licensed to perform the work described herein and shall comply with all applicable State Statutes and local codes and ordinances. 12. Applicant must have an office and storage facility within 7 miles of the Government Center located at 18070 Collins Avenue, City of Sunny Isles Beach, Florida. 13. Applicant's firm shall be properly identified by signs on the exterior of the structure, i.e. visible from the adjacent access road. 14. Inside Storage - Shall accommodate a minimum of four 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. 15. 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 i n addition to the six (6) foot. No repair City of Sunny Isles Beach |Request for Proposal No. 17-11-01 19 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. 16. The Contractor shall be responsible for all thefts and damage to stored vehicles occurring while the vehicle is in its possession. 17. 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. 18. 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. 19. Proposer’s business and storage facilities shall comply with all applicable Building, Zoning, and Fire regulations. 20. 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. 21. Inappropriate decals on tow trucks to be removed. City reserves the right to determine what is inappropriate. 22. 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. 23. 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, weapo ns offenses and sexual offenses. 3.3 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. City of Sunny Isles Beach |Request for Proposal No. 17-11-01 20 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 . 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 p osted 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 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 City of Sunny Isles Beach |Request for Proposal No. 17-11-01 21 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 herei n. 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 r equired 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. 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 City of Sunny Isles Beach |Request for Proposal No. 17-11-01 22 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. City Manager 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 equip ment, extent and clarity of records, and conduct 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 City of Sunny Isles Beach |Request for Proposal No. 17-11-01 23 consist of the review, proposer’s written response, and a summary of the annu al 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 compoun d 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 statu tory 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 ownershi p 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 City of Sunny Isles Beach |Request for Proposal No. 17-11-01 24 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. City of Sunny Isles Beach |Request for Proposal No. 17-11-01 25 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. 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. City of Sunny Isles Beach |Request for Proposal No. 17-11-01 26 3.20 CLEANLINESS The proposer will be responsible for the cleaning of cars and vehicles from the streets and roadways as ordered by the Police officers or aides. It shall be proposer’s responsibility to remove all glass and debris deposited upon the roadway, and leave the area in complete cleanliness. A description of any exceptions taken to the requirements stated in this RFP must be indicated. END OF SECTON City of Sunny Isles Beach |Request for Proposal No. 17-11-01 27 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 sub mitted 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 Qualifications Proposals will be evaluated on the criteria listed below. Technical Qualifications 1. Firm’s Qualifications Experience with Governmental Entities 2. Client References 3. Resources and Availability (Equipment, as listed in Attachment B) 4. Firm’s Financial Stability 5. Vendor Proximity to City 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 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.  Proposers must have, as a prime contractor, a minimum of 5 years of experience in projects of similar size and scope. City of Sunny Isles Beach |Request for Proposal No. 17-11-01 28 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 pre sentation(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 seven (7) days in advance of appearing before the City Project Manager(s). The Respondent’s Project Manager shall be the sole presenter. 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 SECTON City of Sunny Isles Beach |Request for Proposal No. 17-11-01 29 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. City of Sunny Isles Beach |Request for Proposal No. 17-11-01 30 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 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) reference s 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. City of Sunny Isles Beach |Request for Proposal No. 17-11-01 31 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 END OF SECTION City of Sunny Isles Beach |Request for Proposal No. 17-11-01 32 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: 2:30 P.M. 12/11/2017 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: 11/9/2017 This Bid Submittal Consists of Pages 30-50 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. 17-11-01 Towing Services Procurement Agent: Firm Name: Genesis Cuevas ________________________________________ 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 City of Sunny Isles Beach |Request for Proposal No. 17-11-01 33 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: City of Sunny Isles Beach |Request for Proposal No. 17-11-01 34 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. City of Sunny Isles Beach |Request for Proposal No. 17-11-01 35 Firm Name: _____________________________________________________________________________ Street Address: _____________________________________________________________________________ Mailing Address (if different): _____________________________________________________________________________ Telephone No. _______________________________Fax No. _________________________ 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. City of Sunny Isles Beach |Request for Proposal No. 17-11-01 36 AFFIDAVITS NON-COLLUSION AFFIDAVIT City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 STATE OF FLORIDA ) ) COUNTY OF _____________) The undersigned being first duly sworn as provided by law, deposes, and says: This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid. The undersigned is authorized to make this Affidavit on behalf of, _____________________________________________________________ (Name of Corporation, Partnership, Individual, etc.) a, ________________________________, formed under the laws of _____________ (Type of Business) (State) of which he is ________________________________________________. (Sole Owner, Partner, President, etc.) Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein. This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired, connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph 10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof. ______________________________________________________________________ AFFIANT’S NAME AFFIANT’S TITLE TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _____ day of _______________________, 201_. Personally Known ________ or Produced Identification ________; Type of identification ___________________________________ (Affix seal here) ___________________________________ NOTARY PUBLIC (name printed or typed) 1 of 7 PUBLIC ENTITY CRIMES City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES PUBLIC ENTITY CRIMES Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State 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 Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list". THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 11.1. This sworn statement is submitted to City of Sunny Isles Beach _____________ by____________________________________________________________________________ [print individual’s name and title] for____________________________________________________________________________ [print name of entity submitting sworn statement] whose business address is: _______________________________________________________________________________ _______________________________________________________________________________ and (if applicable) its Federal Employer Identification number (FEIN) is_____________________. (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement:_________________________________.) 11.2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 11.3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 11.4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means: a.) predecessor or successor of a person convicted of a public entity crime; or b.) Any entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair 2 of 7 10/1998 market value under an arm's length agreement, shall be a prime facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 11.5. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) ____ Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. By: ______________________________________ (Signature) ______________________________________ (Printed Name) ______________________________________ (Title) Sworn to and subscribed before me this ______ day of_______________________, 20_____, by __________________________________________________. (AFFIX NOTARY STAMP HERE) ______________________________________ Signature: Notary Public – State of Florida ______________________________________ Print or Type Commissioned Name Personally Known __________ OR Produced Identification __________ Type of Identification Produced ________________________________ 3 of 7 EQUAL OPPORTUNITY / AFFIRMATIVE ACTION City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT The contractors and all subcontractors hereby agree to a commitment to the principles and practices of equal opportunity in employment and to comply with the letter and spirit of federal, state, and local laws and regulations prohibiting discrimination based on race, color, religion, national region, sex, age, handicap, marital status, and political affiliation or belief. Signed: ________________________________________ Title: ________________________________________ Firm: ________________________________________ Address: ________________________________________ ________________________________________ 4 of 7 5 of 7 C O N F L I C T O F I N T E R E S T City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles each, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 CONFLICT OF INTEREST STATEMENT The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer o r employee of the City of Sunny Isles Beach or its agencies. STATE OF FLORIDA COUNTY OF ________________________ BEFORE ME, the undersigned authority, personally appeared __________________________________________ , who was duly sworn, deposes, and states: 18.1. I am the _________________________ of __________________________________________ with a local office in ______________________________________________________________________ and principal office in ___________________________________________________________________________________________. 18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. _________________ described as _________________________________________________________. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 18.3. The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has no financial interest in other entities submitting Bids for the same project. 18.4. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity’s submittal for the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 18.5. Neither the entity nor its affiliates, nor anyone associated with them, is presently sus pended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 18.6. Neither the entity, nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 18.7. I certify that no member of the entity’s ownership or management is presently applying for any employee position or actively seeking an elected position with the City of Sunny Isles Beach. 18.8. I certify that no member of the entity’s ownership or management, or staff has a vested interest in any aspect of the City of Sunny Isles Beach. 18.9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the a bove named entity, will immediately notify the City of Sunny Isles Beach. Dated this __________ day of __________________________________, 20 ____. ____________________________________________ ____________________________________ AFFIANT Print or Type Name and Title Sworn to and subscribed before me this __________ day of ______________________________, 20____.  Personally Known, OR  Produced Identification - Type of Identification ____________________________________________ NOTARY PUBLIC STATE OF FLORIDA _______________________________________________________ DISPUTE DISCLOSURE City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 DISPUTE DISCLOSURE FORM Answer the following questions by placing a “X” after “Yes” or “No”. If you answer “Yes”, please explain in the space provided, or on a separate sheet attached to this form. 19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES __________ NO __________ 19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES __________ NO __________ 19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES __________ NO __________ If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid for the City of Sunny Isles Beach. ________________________________________ ______________________________________ Firm Date ________________________________________ _______________________________________ Authorized Signature Print or Type Name and Title 6 of 7 ANTI-KICKBACK City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF ___________ ) I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: ________________________________ Title: ________________________________ The foregoing instrument was acknowledged before me this _____ day of __________________, 20____, by _________________________________________ [name of person], as __________________________________ [type of authority], for ________________________________ [name of party on behalf of whom instrument was executed]. AFFIX NOTARY STAMP HERE: _______________________________ Notary Public – State of Florida ________________________________ Print or Type Commissioned Name Personally Known __________ OR Produced Identification __________ Type of Identification Produced ________________________________ 7 of 7 MIAMI-DADE COUNTY, FLORIDA Tel: (786) 469-2300 Fax: (786) 469-2311 Miami Dade County, Florida Maximum Non-Consent Towing Rates Revised 6/20/16 Private Property Impound Tow Class A…………………………………..…………………………..………… Flat Rate $101.00 Rate if released on scene……………………..……………………………………………. $50.50 Class B…………………………………..………………………………………Flat Rate $165.00 Class C…………………………………..………………………………………Flat Rate $235.00 Class D……………………………..……………………………………………Flat Rate $300.00 No other fees may be imposed for the first 24 hours the vehicle is in the care, custody and control of the towing operator, except applicable storage fees may be charged after the proper police authority has been notified and the vehicle has been in the possession of the towing operator for at least 6 hours. Administrative…………………………….………………………….………………... $30.00 The fee that is charged for title and lien search, advertising costs, and notification of lien holder and owner of the whereabouts and charges against a vehicle or vessel. Daily indoor storage – vehicles 20’ or less…………………………………………… $25.00 After first 6 hours (Chargeable in 24-hour increments) Indoor storage rates may only be charged upon the direction and authorization of the owner, lien holder, insurance company representative or investigating police agency. Daily indoor storage – vehicles longer than 20’……………………………….……… $40.00 After first 6 hours (Chargeable in 24-hour increments) Indoor storage rates may only be charged upon the direction and authorization of the owner, lien holder, insurance company representative or investigative or investigating police agency. Daily indoor storage – small personal vehicles………………………………..……… $12.00 (i.e., motorcycles, ATV’s, scooters, etc.) After first 6 hours (Chargeable in 24-hour increments) Indoor storage rates may only be charged upon the direction and authorization of the owner, lien holder, insurance company representative or investigating police agency. Daily outdoor storage-vehicles 20’ or less…………………………………………… $20.00 After first 6 hours (Chargeable in 24-hour increments) Daily outdoor storage – vehicles longer than 20’………………………………..…… $35.00 After first 6 hours (Chargeable in 24-hour increments) Daily outdoor storage – small personal vehicles……………………………………… $10.00 (i.e., motorcycles, ATV’s, scooters, etc.) After first 6 hours (Chargeable in 24-hour increments) Department of Regulatory and Economic Resources Business Affairs Division Office of Consumer Protection 601 NW 1st Court, 18th Floor Miami, Florida 33136 MIAMI-DADE COUNTY, FLORIDA Miami Dade County, Florida Maximum Police Directed Towing Rates * Effective 10/01/17 Police Directed Tow Class A………………………………………………………………..………….………. $118.00 Class B………………………………………………………….………………………… $193.50 Class C…………………………………………………………………………….……… $275.00 Class D……………………………………………………………………………………. $351.00 Per mile fee for Police Directed Tow (After first five miles) Class A……………………………………………………………………………………… $3.51 Class B……………………………………………………………………………………… $4.07 Class C…………………………………………….………………………………………... $5.27 Class D……………………………………………………………………………………… $6.44 Extra Time at Scene for Police Directed Tow Class A……………………………………………………………………………………... $29.50 Class B………………………………………………………………………...…………… $48.38 Class C…………………………….……………………………..………………………… $68.75 Class D…………………………….……….………….…………………………………… $87.75 First one-half hour to be included in the initial cost per call. Charges are 15 minute intervals. Must have the written documentation and approval of the investigating law enforcement agency/officer. Administrative…………………………….………………………….………………... $35.50 The fee that is charged for title and lien search, advertising costs, and notification of lien holder and owner of the whereabouts and charges against a vehicle or vessel. Daily indoor storage – vehicles 20’ or less…………………………………………… $31.50 After first 6 hours (Chargeable in 24-hour increments) Indoor storage rates may only be charged upon the direction and authorization of the owner, lien holder, insurance company representative or investigating police agency. Daily indoor storage – vehicles longer than 20’……………………………….……… $51.00 After first 6 hours (Chargeable in 24-hour increments) Indoor storage rates may only be charged upon the direction and authorization of the owner, lien holder, insurance company representative or investigative or investigating police agency. Daily indoor storage – small personal vehicles………………………………..……… $15.25 (i.e., motorcycles, ATV’s, scooters, etc.) After first 6 hours (Chargeable in 24-hour increments) Indoor storage rates may only be charged upon the direction and authorization of the owner, lien holder, insurance company representative or investigating police agency. Daily outdoor storage-vehicles 20’ or less…………………………………………… $25.45 After first 6 hours (Chargeable in 24-hour increments) Daily outdoor storage – vehicles longer than 20’………………………………..…… $45.00 After first 6 hours (Chargeable in 24-hour increments) Daily outdoor storage – small personal vehicles………………………………………$12.75 (i.e., motorcycles, ATV’s, scooters, etc.) After first 6 hours (Chargeable in 24-hour increments) MIAMI-DADE COUNTY, FLORIDA Lowboy Services Tow Rate (hook-up and 1st ½ hour at scene………………………………...…………….. $275.00 Per Towed Mile after first 5 miles ……………………………………………..…………… $5.25 Extra Labor/waiting time at scene (after first ½ hour) per ¼ hour thereafter……………… $68.75 Dollies Class A (except Private Property Tows) ………………………………………...… $41.00 per job Underwater Recovery Salvage Divers For First Hour/ per driver……………………………………………….……….………... $146.50 For each additional 15 minutes…………………………………………..………………… $36.62 Per ¼ hour or any fraction thereof over the first hour/per diver. Performed by a certified/professional diver with the written documentation and approval of the investigating law enforcement officer/agency. * Pursuant Miami-Dade County, Florida, Code of Ordinances, Section 30-476(d)(6), Police Directed towing rates were adjusted by an annual Consumer Price Index of 1.8%, using the 2016 CPI-All Urban Consumers: Miami-Fort Lauderdale, to become effective 10/1/2017. EQUIPMENT LIST Please identify below all vehicles the Proposer intends to utilize for the services required for this contract. Identify whether the unit is presently owned or leased by the Proposer. Please make sure to enclose evidence of ownership or valid first party lease of the equipment. WRECKER MAKE/MODEL YEAR LICENSE TAG NO. OWNED/LEASED CLASS ATTACHMENT "D" 28 Proposal for Towing Services 1. Business Name: -------- 2. Business Address:------------------------ Phone: ________ City: __________ Zip : _____ _ Mailing Address: _______________________ _ City: _______________ Zip:------ State type of business enterprise (e.g. corporation, association, partnership, organization, joint venture, trust, foundation, firm, group, society, individual natural person, etc.): 3. NAME ALL OWNERS, OFFICERS, AND PERSONS HAVING AN INTEREST IN THE TOWING AGENCY: (Attach additional sheets if necessary) a. NAME SS# ADDRESS PHONE CITY STATE BIRTHDATE b. NAME SS# ADDRESS PHONE CITY STATE BIRTHDATE c. NAME SS# ADDRESS PHONE CITY STATE BIRTHDATE d. NAME SS# ADDRESS PHONE CITY STATE BIRTHDATE e. NAME SS# ADDRESS PHONE CITY STATE BIRTH DATE 4. Has the business enterprise, or any person whose name appears in this application, ever bee n convicted of any crime? __ If so, list the name, the arrest and conviction record of each person: (Attac h Additional sheets if necessary) 5. If a corporation, supply the following: A TT A C:HMF.NT "f"" 25 Email address Corporate Name : ________________________ _ Date Incorporated : _____________ State of Charter: _____ _ 6. What is the fictitious name under which the business will be conducted (if app licable): ____ _ 7. Has this business ever been suspended, revoked or been the subject of suspension, revocation or violation of Local, County, or State Law? 8. How many wreckers does the towing agency have in each class? Refer to Equipment Requirements of specifications for class description CLASS A WRECKER CLASS A SLIDE BACK CARE CARRIER ___ _ CLASS B WRECKER CLASS B SLIDE BACK CAR CARRIER CLASS C WRECKER CLASS D WRECKER OTHER: (DESCRIPTION AND NUMBER) ------------- Please provide complete information for each wrecker on the attached equipment form. 9. Do you have now or have you had any contracts with private companies? ________ _ If so, list two, including the name and phone number of your contact at these companies: ___ _ 10. Has the towing agency filed for insolvency, reorganization or bankruptcy petition (voluntary or involuntary)? 11 . List five (5) references preferably public agencies with current or past contracts : AGENCY CONTACT TELEPHONE 12. How long has this towing agency been in the towing business? 26 13. How long have the owner(s), listed in item 3, been in the towing business? (List by name) 14. Are the payment office and the storage facility located at the same site? ________ _ 15. Provide the address of the payment office: 16. Provide the address of the storage facility; indicate how many outside storage spaces are at this facility and how many inside storage spaces: Address: __________________ _ Outside:-------------Inside: ------------- 17. Is the towing agency located entirely within the City of North Miami Beach limits? ______ _ 18. Enclose a copy of your license(s), Certificate of Use and Occupancy , proof of ownership or first party lease of all faciltties, Certificates of Insurance, and evidence of ownership or valid first party lease of the wreckers and slide back carriers that will be utilized to perform the services. 19. Complete the attached personnel form including all the employees to be utilized in performance of the contract work. 20. Please attach a narrative statement to describe the Proposer's ability to meet or exceed all request for proposal requirements , the capacity to perform the services specified, and the Proposes ability and commitment to respond in emergency situations. 27 21.List below and identify the personnel, address, telephone number and storage capacity (inside and outside) of Subcontractor(s) proposed for the contract: