HomeMy WebLinkAboutCity of Tamarac Ordinance O-2012-017Temp.Ord. # 2254
June 1, 2012
Page 1
Revision 1: June 18, 2012
CITY OF TAMARAC, FLORIDA
R 7
ORDINANCE NO. 0-2012
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT PURSUANT TO SECTION
7.19 OF THE CITY OF TAMARAC CHARTER;
AGREEMENT WITH WESTWAY TOWING, INC.,
TOWING SERVICES FOR THE CITY OF TAMARAC
BEGINNING AUGUST 1, 2012
FOR CONFLICTS; PROVIDING
FOR AN EFFECTIVE DATE.
THROUGH JULY 31,
FOR SEVERABI LITY
AWARDING AN
PROVIDING FOR
FOR THE PERIOD
2017; PROVIDING
AND PROVIDING
WHEREAS, the provision of towing services supports the City's strategic
goal of having a safe and vibrant community; and
WHEREAS, the current Agreement for Towing Services expired on
December 31, 2011; and
WHEREAS, the current Agreement provides for ongoing monthly
extensions of the Agreement for Towing Services contingent on satisfactory
service by the Contractor until the award of a new Agreement; and
WHEREAS, the City issued and formally advertised Request for Proposal
#12-12R on March 25, and April 1, 2012, included herein as Exhibit 1 "; and
Temp.4rd. # 2254
June 1, 2012
Page 2
Revision 1: June 18, 2012
WHEREAS, three (3) firms responded to the Request for Proposal that
was due on April 25, 2012, which included responses from the following three (3)
firms
J & J Towing, Inc.
Sal's Towing, Inc.
Westway Towing
; and
WHEREAS, the City Manager appointed an Evaluation Committee
facilitated by the Purchasing and Contracts Manager which included the Public
Services Department Budget and Contracts Manager, and Fleet Supervisor; and
a Deputy serving on behalf of the Broward Sheriff's Office (BSO); and
WHEREAS, the Evaluation Committee ranked the proposal submitted by
Westway Towing, Inc. as the highest ranked proposal, and recommends award
of a franchise agreement to this firm, (a copy of the scoring is included herein as
Exhibit "2"); and
WHEREAS, the Request for Proposal calls for an annual Towing
Franchise fee at $65,000; and
Temp -Ord. # 2254
June 1, 2012
Page 3
Revision 1: June 18, 2012
WHEREAS, the cost of services to the public as enumerated in Request
for Proposal are to be in accordance with rates established by the Broward
County Administrative Code, Part VIII, "Categories and Maximum Fees for
Recovery, Towing, Removing, Storing or Immobilization of Vehicles on Private
Property", including code sections 24.49, 24.50, 24.51, 24.52, 24.53, 24.54 and
24.55, as may be amended from time to time, in effect at the time of the provision
of services; and
WHEREAS, the City's franchise fee may be adjusted upward in the event
of an action by the Broward County Board of Commissioners to increase the fees
established by the Broward County Administrative Code, Part VI I; and
WHEREAS, Section 7.19 of the City of Tamarac Charter requires the
award of all franchises to be made by ordinance; and
WHEREAS, it is the recommendation of the Evaluation Committee,
Financial Services Director and the Purchasing and Contracts Manager that the
appropriate City Officials are authorized to award Request for Proposal #12-12R,
and execute an Agreement with Westway Towing, Inc., to furnish towing
services for a period beginning August 1, 2012 through July 31, 2017, a copy of
said Agreement is attached hereto as Exhibit "3"; and
Temp.Ord. # 2254
June 1, 2012
Page 4
Revision 1: June 18, 2012
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
award Request for Proposal #12-12R, and execute an Agreement with Westway
Towing, Inc. providing for towing services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA that:
SECTION 1:
The foregoing "WHEREAS" clauses are HEREBY
ratified and confirmed as being true and correct and are hereby made a specific
part of this Ordinance upon adoption hereof and all exhibits referenced and
attached hereto are incorporated herein and made a specific part of this
Ordinance.
SECTION 2:
The appropriate City Officials are authorized to award
Request for Proposal #12-12R and execute an Agreement for a five (5) year
period attached hereto as Exhibit "T with Westway Towing, Inc. to provide
towing services for the five-year period beginning August 1, 2012 through July
31, 2017 in accordance with the provisions of Request for Proposal #12-12R.
SECTION 3:
All Ordinances or parts of Ordinances and all
Resolutions or parts of Resolutions in conflict herewith are hereby repealed to
the extent of such conflict.
Temp.Ord. # 2254
June 1, 2012
Page 5
Revision 1: June 18, 2012
SECTION 4: If any clause, section, other part or application of this
Ordinance is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Ordinance.
SECTION 5:
This Ordinance shall become effective immediately
upon its passage and adoption.
PASSED, FIRST READING this day of
;f
ND READING this -day -A
PASSED SECOND � y of
ATTEST:
4-
PETER M. J. plC'HARDsbN, ARM, CMC
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
, �SAMPEL S. GOREN
CITY ATTORNEY
B ETH TA LA
MAYOR
BISCO
, 2012.
, 2012.
RECORD OF COMMISSION VOTE:
FIRST READING
MAYOR TALABISCOF
DIST 1: COMM. BUSHNELLl_ �M
DIST 2: COMM. GOMEZ
DIST 3: V/M GLASSER {k
DIST 4: COMM. DRESSLE f` �#
SECOND READING
MAYOR TALAB I S C O
DIST l: COMM. BUSHNELL
DIST 2 : COMM. GOME Z
DIST 3: V /M G LA S S E R= ',;,•-
DIST 4: COMM. DRESSLETZ I...� "
L
.............. ..........
TO 2254 — Exhibit 1
PURCHASING AND
CONTRACTS DIVISION
Date: March 21, 2012
REQUEST FOR PROPOSALS
RFP 12-12R
RFP NO. 12-12R
ALL QUALIFIED PROPOSERS:
Sealed Proposals, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County,
Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until 2:00
local time, April 25, 2012 for:
TOWING SERVICES FRANCHISE AGREEMENT
The City is soliciting proposals for the award of a Towing Services Franchise Agreement.
Sealed Proposals must be received and time stamped in the Purchasing Office, either by mail or hand delivery, on or
before the date and time referenced above. Any Proposals received after 2:00 p.m. on said date will not be accepted
under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the
Proposer. Official time will be measured by the time stamp in the Purchasing Office.
A Pre -proposal Conference will be held on April 3, 2012 in at 10:00 a.m. in Room 105, City Hall, 7525 NW 88" Ave.,
Tamarac, Florida. Proposers are strongly encouraged to be in attendance at this conference.
City reserves the right to reject any or all Proposals, to waive any informalities or irregularities in any Proposals
received, to re -advertise for Proposals, to award in whole or in part to one or more Proposers, or take any other
such actions that may be deemed to be in the best interests of the City.
Proposal documents may be obtained from the Purchasing Office or via the Internet at http://www.tamarac.org. For
inquiries, contact the Purchasing Office at (954) 597-3570.
PROHIBITION AGAINST LOBBYING
During the solicitation of any bid or proposal, any firm and its agents, officers or employees who intend to
submit, or who have submitted, bids or proposals shall not lobby, either individually or collectively, any
City Commission members, candidates for City Commission or any employee of the City. Contact should
only be made through regularly scheduled Commission meetings, or meetings scheduled through the
Purchasing and Contracts Division for purposes of obtaining additional or clarifying information. Any
action, including meals, invitations, gifts or gratuities by a submitting firm, its officers, agents, or
employees shall be within the purview of this prohibition and shall result in the immediate disqualification
of that firm from further consideration.
During a formal solicitation process, contact with personnel of the City of Tamarac other than the
Purchasing and Contracts Manager or designated representative regarding any such solicitation may be
grounds for elimination from the selection process.
Publish Sun -Sentinel: March 25, 2012
7525 N.W. 88th Avenue I Tamarac, Florida 33321-24011 P: 954.597.3570 F: 954.597.3565
EQUAL OPPORTUNITY EMPLOYER
T02254 — Exhibit 1
p
- $
..,.........-....A+"..,.........,»....,.�.........�.»»�.,...»........»..»,.
0.
»«,...,.„..,..».,�.�.....�..»w..,,.....«..,wwww......w»......w
....�.,.,«.-......»........ v...
ww»-.-w�.ww---
k) v� � � w 1,. p ! i . _, Y (Y
yy / �Y V{{
hR >` � 1..f. f �. �i '4- V 'A.F 1. A F� � �..,
........»w I
6 ¢'.. {'., i �. g F 1 i { -'� 1 .J
p j y( i. C(�'-t{, }/''.f 9. ti Y a»,�°° fn t°! i' 4�3 SXJ ,.1 b
�.a 1.-.s F i '�f i
...,,.�.�.,.»»..,..».. ».......«........«.. .,...w..�,.
REQUEST.wwww»....w,.w......»
FOR
PROPOSALS
RFP 12-12R
TOWING SERVICES FRANCHISE AGREEMENT
Definition: A Request for Proposal (RFP) is a method of procurement permitting
discussions with responsible offerors and revisions to proposals prior to award of a contract.
Proposals will be opened in private. Award will be based on the criteria set forth herein.
I. INTRODUCTION & TERM
The City is soliciting proposals for the award of a Towing Services Franchise Agreement for
a five (5) year term with an option to renew for an additional five (5) year term effective July
1, 2012, on behalf of the Department of Public Safety, Public Works Division.
II. INFORMATION
For information pertaining to this Request for Proposals (RFP), contact the Purchasing &
Contracts Manager, Mr. Keith K. Glatz, CPPO, FCPM, at (954) 597-3567. The Project
Manager for this Agreement will be Mr. Vince Sciacca, Fleet Supervisor, Department of
Public Services, who may only be contacted through the Purchasing & Contracts Manager
through this solicitation process. Material changes, if any, to the scope of services or
proposal procedures will be transmitted only by written addendum.
It is preferred that all questions be submitted in writing, either via fax or email. Fax
questions to (954) 597-3565 or email to purchasinq(d).tamarac.orq.
III. SCHEDULE OF EVENTS
The schedule of events related to this Request for Proposals shall be as follows:
RFP Document issued
Pre -Proposal Conference (If Applicable)
Deadline for Written Questions
Deadline for Receipt of Proposals
Evaluation of Proposals
Presentations by Short-listed Proposers (if applicable)
Final Ranking of Firms
Anticipated Award by Commission
Contract Start Date
All dates are tentative. City reserves the
right to change scheduled dates.
March 26, 2012
April 3, 2012
April 16, 2012
April 25, 2012, 2:00 PM EDT
April 25 — May 8, 2012
May 9, 2012
May 11, 2012
June 13, 2012
July 1,2012
I
16
T02254 — Exhibit 1
cit
f^ o D' Tar � f 0l s C ,.� .........................................................w.......«...........,....,....«.r,.,.µ.....,,..w.,......r w. ..........,....,,,,..
.......,.......,....,.,.......,....,.,.�.,...,.....,.,..p�� T..��7 � � d �:.7 S � �S�..� 4 � d .� � .F` �...i i. y' � i k` r�.� �. mf` r �•�•,'...�i'f f „� D �Jf ��} µ
submitted by prospective Proposers. The City
IV. INSTRUCTIONS TO OFFERORS
of Tamarac reserves the right to reject any or
&
all proposals, to waive any informalities or
STANDARD TERMS AND CONDITIONS
irregularities in any proposals received, to re -
advertise for proposals, to enter into contract
RFP 12-12R
negotiations with the selected Proposer or take
any other actions that may be deemed to be in
Our Vision and Mission
the best interest of the City of Tamarac. Any
and all special conditions in this RFP or any
Our Vision: The City of Tamarac, our community of
sample agreement document that may be in
choice -- leading the nation in quality of life through safe
variance or conflict with these General Terms
neighborhoods, a vibrant economy, exceptional
and Conditions shall have precedence over
customer service and recognized excellence.
these General Terms and Conditions. If no
changes or deletions to General Conditions
Our Mission: We Are "Committed to Excellence. . .
are made in the Special Conditions, then the
Always" It is ourjob to foster and create an environment
General Terms and Conditions shall prevail in
that
their entirety.
Responds to the Customer
Creates and Innovates
Works as a Team
Achieves Results, and
Makes a Difference
In the fulfillment of our vision and mission, as stewards
of the public trust, we value vision, integrity, efficiency
and quality service.
Our vendors are truly partners in meeting these
commitments to the community, and in support of that
vision and mission, we are committed to ensuring that
qualified, competitive vendors who share our
commitment to quality, efficiency, teamwork and
customer service are employed to provide goods and
services to the City. Our vendors are expected to deliver
high quality products and efficient service that is
provided on time and as ordered, in a manner that
improves the overall value of the services that the City
provides to its residents. In addition, we expect our
vendors to work with the City as a team, and exhibit the
highest level of integrity when dealing with any office or
department of the City.
Diligence in the execution of the requirements of this
proposal will ultimately contribute to the overall quality of
services provided to the entire community. The City is
searching for a firm who will exemplify these ideals in
the execution of their work, and the successful firm will
be measured against the performance standards
outlined in this bid invitation.
1. GENERAL TERMS AND CONDITIONS
This solicitation is issued pursuant to and
governed by Article V, Section 6 of the City of
Tamarac Code, the "Tamarac Procurement
Code" These General Terms and Conditions
apply to all offers made to the City of Tamarac
by all prospective Proposers, including but not
limited to, Requests for Quotes, Requests for
Proposal and Requests for Bid. As such the
words "bid", "proposal" and "offer" are used
interchangeably in reference to all offers
2. DEFINED TERMS
Terms used in these Instructions to Offerors are
defined as follows:
2.1 "Offeror" - one who submits a
Proposal in response to a solicitation,
as distinct from a Sub -Offeror, who
submits a Proposal to the Offeror.
2.2 "Proposer" — one who submits a
Proposal in response to a solicitation.
The terms "Offeror"and "Proposer'' are
used interchangeably and have the
same meaning.
2.3 "Successful Offeror' - the qualified,
responsible and responsive Offeror to
whom City (on the basis of City's
evaluation as hereinafter provided)
makes an award.
2.4 "City" - the City of Tamarac, a
municipal corporation of the State of
Florida.
2.5 "Proposal Documents" - the Request
for Proposals, Instructions to Offerors,
Offeror's Qualifications Statement,
Non -Collusive Affidavit, Certified
Resolution, Vendor Drug -Free
Workplace, Offeror's Proposal,
Proposal Security and Specifications, if
any, and the proposed Contract
Documents (including all Addenda
issued prior to opening of Proposals).
2.6 "Contractor' - the individual(s) or
firm(s) to whom the award is made and
who executes the Contract
Documents.
3
I
T02254 — Exhibit 1
rw d r n- Y`
City
CYI r a s d t n,
C-A Ni
reference RFP name and number, and should
3. SPECIAL CONDITIONS
be received by the Purchasing Office at least ten
Where there appears to be variances or
(10) calendar days prior to the Proposal opening
conflicts between the General Terms and
date, or prior to the deadline specified in the
Conditions and the Special Conditions and/or
Scope of Work outlined in this proposal, the
"Schedule of Events" provided herein. Questions
Special Conditions and/or the Scope of Work
received less than ten (10) calendar days prior to
shall prevail.
the Proposal opening, or the deadline specified
by the "Schedule of Events" herein, whichever is
4. EXAMINATION OF CONTRACT
sooner, may not be answered. Interpretations or
4.1. The Offeror, by and through the
clarifications in response to such questions will
submission of a Proposal, agrees that
be issued in the form of a written addendum
Offeror is familiar with the nature and
transmitted via either fax or email to all parties
extent of the work and any local
recorded by the Purchasing Office as having
conditions that may affect the work,
received the Proposal Documents. The
and is familiar with the required
issuance of a written addendum shall be the only
equipment, materials, parts and labor
official method whereby such an interpretation or
required to successfully perform the
clarification will be made.
work.
7. COSTS AND COMPENSATION
5. OMISSION OF DETAILS / VARIANCES AND
7.1. Costs and compensation shall be
EXCEPTIONS
shown in both unit prices and
5.1 The apparent silence of the
extensions whenever applicable, and
requirements as to any detail, or the
expressed in U.S. Dollars. In the event
apparent omission of a detailed
of discrepancies existing between unit
description concerning any point,
prices and extensions or totals, the unit
shall be regarded as meaning that
prices shall govern.
only the best commercial practice is
7.2. All costs and compensation shall
to prevail. All interpretations of the
remain firm and fixed for acceptance
specifications shall be made on the
for 60 calendar days after the day of
basis of this statement. Omission of
the Proposal opening.
any essential details from these
specifications will not relieve the
7.3. The price proposal shall include all
Proposer of supplying such services
franchise fees, royalties, license fees,
or product(s) as specified.
etc., as well as all other costs of
transport or delivery as applicable
5.2 For the purpose of evaluation, the
within the scope of the solicitation.
Offeror must indicate any variance or
exceptions to the stated requirements,
8. PRICES, PAYMENTS & DISCOUNTS
no matter how slight. Deviations
8.1 Firm Pricing: During proposal
should be explained in detail. Absence
evaluation, prices related to service
of variations and/or corrections will be
charges to vehicle operators shall be
interpreted to mean that the Offeror
fixed and firm for a period of sixty
(60) calendar days, or ninety (90)
meets all the requirements in every
calendar days when the contract
respect.
must be approved by another
6. INTERPRETATIONS AND ADDENDA
agency or by City Ordinance.
Payments for such services may
If the Offeror is in doubt as to the meaning of any
only be collected after receipt and
of the Proposal Documents, believes that the
acceptance of materials/services.
General Conditions, Special Conditions and/or
Cash discounts may be offered for
prompt payment; to customers,
Technical Specifications contain errors,
however, such discounts shall not be
contradictions or obvious omissions, or has any
considered in determining the lowest
questions concerning the information contained
net cost for bid evaluation.
in the RFP documents, the Offeror shall submit a
written request to the Purchasing Office for
interpretation or clarification. Such request must
T02254 — Exhibit 1
Q
.»`F ...,. r� 3%».....».,...»»..»..............»....»»»»»»»»»»»»....,.» ......,.,,.,-,.. ».r ..,... »L.».
�,,,.� q Contracts
f ram. 7
o. :-. +:.., rs,.g iV.i A f i.d;a...,a' 3 a� e�0 F�
Put
Other
forms or documents which, by their
8.
NON -COLLUSIVE AFFIDAVIT
nature do not impact price or the Offerors cost
Each Offeror shall complete the Non -Collusive
of doing
business should accompany the
Affidavit form and shall submit the form with their
Proposal; but must be provided within three
(3) business days of the City s request to be
Proposal. City considers the failure of the
considered responsive.
Offeror to submit this document may be cause
for rejection of the Proposal.
13.1
Technical Proposal &Work Plan
13.2
Cost Proposal (See "Proposal Pricing
9.
PUBLIC ENTITY CRIMES
Form" herein)
In accordance with Florida Statutes §287.133
13.3
Complete List of Equipment and
2 a : A person or affiliate who has been
Facilities available to service this
placed on the convicted vendor list following a
Agreement. Proposer must include
conviction for public entity crime may not
an inventory of all vehicular
submit a bid on a contract to provide any
equipment available to remove
goods or services to a public entity, may not
vehicles from an incident site,
submit a bid on a contract with a public entity
including towing vehicles, transport
for the construction or repair of a public
vehicles, extrication equipment,
building or public work, may not submit bids on
garage equipment, and any other
leases of real property to public entity, may not
equipment necessary for the safe
be awarded or perform work as a contractor,
efficient removal and transport of
supplier, subcontractor, or Contractor under a
vehicles from an incident site.
contract with any public entity, and may not
transact business with any public entity in
13.4
Certification Forms
excess of the threshold amount provided in
13.5
Certified Resolution Form (or firm's
Florida Statutes §287.017 for Category Two,
for a period of 36 months from the date of
own Corporate Resolution)
being placed on the convicted vendor list.
13.6
Offeror's Qualifications Statement
11.
CONFLICT OF INTEREST
Form & References
13.7
Vendor Drug Free Workplace Form
The award of any contract hereunder is subject
to the provisions of Chapter 112, Florida
13.8
Non -Collusive Affidavit Form
Statutes. Offerors must disclose with their
13.9
Proof of applicable insurance.
Proposal the name of any officer, director,
partner, proprietor, associate or agent who is
13.10
Listingof Sub -Contractors or
any
Subcontractors to be utilized.
also an officer or employee of City or any of its
agencies. Further, all Offerors must disclose the
13.11
Most recently completed audited
name of any officer or employee of City who
financial statement, or other
owns, directly or indirectly, an interest of five
approved documentation to verify
financial viability.
percent (5%) or more in the Offeror's firm or any
of its branches or affiliate companies.
14. SUBMISSION OF PROPOSALS
12.
PERFORMANCE BONDS AND INSURANCE
14.1
Proposals must be typed or printed in
ink. Use of erasable ink is not
Upon award of a contract, the Successful
Offeror, as required within the scope of the
permitted. All corrections to prices
made by the Offeror should be initialed.
solicitation, may be required to submit
performance bonds and/or payment bonds.
14.2
All proposals shall be submitted in the
Offeror shall provide certificates of insurance in
English language, and pricing
the manner, form and amount(s) specified.
expressed in U.S. Dollars.
13.
SUMMARY OF DOCUMENTS TO BE
14.3
Proposals must contain a manual
SUBMITTED WITH PROPOSALS
signature of a corporate officer or
The following is a summary of documents
designee with the proven authority to
required to be submitted for this proposal.
bind the firm in matters of this nature.
Failure to include a technical proposal, cost
The address and telephone number for
proposal, bid surety (if required below), or any
any communications regarding the
other document that, by its omission, may
Proposal must be included.
prejudice the rights of other respondents, may
result in immediate rejection of your proposal.
14.4
Proposals shall contain an
R
T02254 — Exhibit 1
.g p,Z £' r o� ,.
{ b i t
b-,.�' 2 �..: t i' '�. : ' i L�� 3� E."s �.✓
if �,. CfR Y i.
r^^'` F t S :. a As C,�,' { "Z i ,»t jj { [( k,.•Yj} ,i r' L` i ...m_
b-¢ a 9
acknowledgment of receipt of all addenda.
in response to this RFP shall bear all
expenses associated with its
14.5
Proposals b corporations must be
p y
preparation. The Proposer shall
executed in the corporation's legal
prepare a submittal with the
name by the President or other
understanding that no claim for
corporate officer, accompanied by
reimbursement shall be submitted to
evidence of authority to sign. Evidence
the City for the expense of proposal
of authority shall be provided on the
preparation and/or presentation.
enclosed Certified Resolution form, or
by the company's own Corporate
15. MODIFICATION AND WITHDRAWAL OF
Resolution.
PROPOSALS
14.6
Proposals by partnerships must be
15.1 Proposals may be modified or
executed in the partnership name and
withdrawn by a duly executed
signed by a partner, whose title must
document signed by a corporate officer
appear under the signature.
or other employee with designated
signature authority. Evidence of such
14.7
Proposals shall be submitted to the
authority must accompany the request
PurchasingOffice on or before the time
for withdrawal or modification. The
indicated in the Request for Proposals.
request must be delivered to the
Proposals shall be submitted in a
Purchasing Office at any time prior to
sealed envelope (faxed proposals will
the deadline for submitting Proposals.
not be accepted under any
Withdrawal of a Proposal will not
circumstances). The envelope should
prejudice the rights of an Offeror to
be clearly marked on the exterior with
submit a new Proposal prior to the
the applicable solicitation name and
Proposal opening date and time. No
number. The envelope should state the
Proposal may be withdrawn or
name and address of the Offeror and
modified after the date of proposal
should be include all documents as
opening has passed.
specified in the Request for Proposals.
Purchasing and Contracts Division
15.2 If, within twenty-four (24) hours after
staff is not responsible for the
Proposals are opened, any Offeror files
premature opening of a Proposal that
a duly signed, written notice with the
is not properly addressed and
Purchasing Office, and within five (5)
identified.
calendar days thereafter demonstrates
to the reasonable satisfaction of City,
14.8
In accordance with Florida Statutes,
by clear and convincing evidence, that
Chapter 119.07 1O (a) and except as
p §
there was a material and substantial
may be provided by other applicable
mistake in the preparation of its
state and federal law, the Request for
Proposal, or that the mistake is clearly
Proposals and the responses thereto
evident on the face of the Proposal, but
are in the public domain. However,
the intended correct Proposal is not
Proposers are requested to specifically
similarly evident, Offeror may withdraw
identify in the submitted Proposal any
its Proposal and any bid security will be
financial information considered
returned. Thereafter, the Offeror will
confidential and/or proprietary which
be disqualified from further bidding on
may be considered exempt under
the subject Contract.
Florida Statute §119.07(t).
16. REJECTION OF PROPOSALS
14.9
All Proposals received from Offerors in
response to the Request for Proposals
16.1 To the extent permitted by applicable
will become the property of City and
state and federal laws and regulations,
will not be returned. In the event of
City reserves the right to reject any and
Contract award, all documentation
all Proposals, to waive any and all
produced as part of the Contract shall
informalities not involving price, time or
become the exclusive property of City.
changes in the work with the
Successful Offeror, and to disregard all
14.10
The Proposer preparing a submittal
6
T02254 — Exhibit 1
i{} ) 4.s tr • 4 ,.t t mot: a
..,...........». '.....»..,,................................«..»...........».........................,......-..........,.....,......,.........,.....»,,..»....«...... ...........«..............
..� � ➢ �...r.y ..e �. qq �' g. 55 .�, ,.-, {x i f x tr I r'4 #{ f € f d
.�, ➢ iA ➢ ,.5 r i 4.q 4,.4 £ f. Oi
nonconforming, non -responsive,
17.5 Employees of the Proposer shall at
unbalanced or conditional Proposals.
all times be under its sole direction
Proposals will be considered irregular
and not an employee or agent of the
and may be rejected if they show
City. The Proposer shall supply
serious omissions, alterations in form,
competent and physically capable
additions not called for, conditions or
employees. The City may require the
unauthorized alterations, or
Proposer to remove an employee it
irregularities of any kind.
deems careless, incompetent,
16.2 City reserves the right to reject the
insubordinate or otherwiseobjectionable.
Proposer shall be
Proposal of any Offeror if City believes
that it would not be in its best interest
responsible to the City for the acts
and omissions of all employees
of to make an award to that Offeror,
whether because the Proposal is not
responsive, the Offeror is unqualified,
of doubtful financial ability, or fails to
meet any other pertinent criteria
established by City within the scope of
the solicitation.
17. QUALIFICATIONS OF PROPOSERS
17.1 Each Offeror shall complete the
Offeror's Qualifications Statement and
submit the form with the Proposal.
Failure to submit the Offeror's
Qualifications Statement and the
documents required thereunder may
constitute grounds for rejection of the
Proposal.
17.2 As a part of the evaluation process,
the City may conduct a background
investigation including a criminal
record check of Proposer's officers
and/or employees, by the Broward
County Sheriff's Office. Proposer's
submission of a proposal constitutes
acknowledgement of and consent to
such investigation. City shall be the
sole judge in determining Proposer's
qualifications.
17.3 No proposal shall be accepted from,
nor will any contract be awarded to,
any person who is in arrears to City for
any debt or contract, who is a
defaulter, as surety or otherwise, of any
obligation to City, or who is deemed
irresponsible for unreliable by City. City
will be the sole judge of said
determination.
17.4 City reserves the right to make a pre -
award inspection of the Offeror's
facilities and equipment prior to award
of Contract.
working under its directions.
17. INSURANCE
18.1 Offeror agrees to, in the performance
of work and services under this
Agreement, comply with all federal,
state, and local laws and regulations
now in effect, or hereinafter enacted
during the term of this agreement
that are applicable to Offeror, its
employees, agents, or
subcontractors, if any, with respect to
the work and services described
herein.
18.2 Offeror shall obtain at Offeror's
expense all necessary insurance in
such form and amount as required by
this proposal or by the City's Risk
Manager before beginning work
under this Agreement. Offeror shall
maintain such insurance in full force
and effect during the life of this
Agreement. Offeror shall provide to
the City's Risk Manager current
certificates of all insurance required
under this section prior to beginning
any work under this Agreement.
18.3 Offeror shall indemnify and save the
City harmless from any damage
resulting to it for failure of either
Offeror or any Sub -Offeror to obtain
or maintain such insurance.
18.4 The following are required types and
minimum limits of insurance
coverage, which the Offeror agrees
to maintain during the term of this
contract:
Line of Occurrence Aggregate
7
T02254 — Exhibit 1
f'" % jj s, i ,,,� f '"�,"" .ff .. ff Y.. r, rY'i-"�`-.t f ¢ �r� r� �� i # #pry 0..i <g pl #/ #(, �� �Y} {v�fc }sue �' �' s "�l !s�
'bw' i ' L._.� : d f Y..fF f t.1 t $..! 1.F Y S : a..S t i.'f �-r ..e S d ? i.d k«F } ..:3 . 1 ........w
Business/ business in Florida. Policies shall be
Coverage "Occurrence" form. Each carrier will
Commercial $170009000 $1,000,000 give the City sixty (60) days notice
General prior to cancellation.
Liability 18.8 The Offeror's liability insurance
Including:
Premises/Operations
Contractual Liability
Personal Injury
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability
Clause
Automobile
Liability
Workers'
Compensation &
Employer's
Liability
Garagekeeper's
Legal Liability
policy with
minimum
combined single
limit coverage of
$75,000 for bodily
injury and property
damage.
Garage Liability
policy with
minimum
combined single
limit coverage of
$500,000 for bodily
injury and property
damage.
of Interest
$1,000,000 $17000,000
Statutory
18.5 The City reserves the right to require
higher limits and additional types of
insurance depending upon the scope
of work under this Agreement.
18.6 Neither Offeror nor any Sub -Offeror
shall commence work under this
contract until they have obtained all
insurance required under this section
and have supplied the City with
evidence of such coverage in the
form of an insurance certificate and
endorsement. The Offeror will ensure
that all Sub -Offerors will comply with
the above guidelines and will
maintain the necessary coverages
throughout the term of this
Agreement.
18.7 All insurance carriers shall be rated
at least A-VII per Best's Key Rating
Guide and shall be licensed to do
policies shall be endorsed to add the
City of Tamarac as an "additional
insured". The Offeror's Workers'
Compensation carrier will provide a
Waiver of Subrogation to the City.
18.9 The Offeror shall be responsible for
the payment of all deductibles and
self -insured retentions. The City may
require that the Offeror purchase a
bond to cover the full amount of the
deductible or self -insured retention.
18.10 If the Offeror is to provide
professional services under this
Agreement, the Offeror must provide
the City with evidence of Professional
Liability insurance with, at a
minimum, a limit of $1,000,000 per
occurrence and in the aggregate.
"Claims -Made" forms are acceptable
only for Professional Liability.
18.11 The Successful Offeror agrees to
perform the work under the Contract
as an independent contractor, and
not as a subcontractor, agent or
employee of City.
19. INDEMNIFICATION
19.1 GENERAL INDEMNIFICATION:
Contractor; shall, in addition to any
other obligation to indemnify the City
and to the fullest extent permitted by
law, protect, defend, indemnify and
hold harmless the City, their agents,
elected officials and employees from
and against all claims, actions,
liabilities, losses (including economic
losses), costs arising out of any
actual or alleged: a). Bodily injury,
sickness, disease or death, or injury
to or destruction of tangible property
including the loss of use resulting
therefrom, or any other damage or
loss arising out of or resulting, or
claimed to have resulted in whole or
in part from any actual or alleged act
or omission of the Contractor, any
sub -Contractor, anyone directly or
indirectly employed by any of them,
or anyone for whose acts any of them
may be liable in the performance of
the Work; or b). violation of law,
statute, ordinance, governmental
administration order, rule, regulation,
or infringement of patent rights by
Contractor in the performance of the
4
T02254 — Exhibit 1
� i of <i33GFs L„al'
f�x��..��s Y` noc Co{ iti a, s, Dw#s{f..)F ?
Work; or c). liens, claims or actions
procedures applicable to services rendered
made by the Contractor or any sub-
under any potential Agreement shall be those
contractor under workers
of Contractor, which policies of Contractor
compensation acts; disability benefit
acts, other employee benefit acts or
shall not conflict with City, State, or United
any statutory bar. Any cost of
States policies, rules or regulations relating to
expenses, including attorney's fees,
the use of Contractor's funds provided for
incurred by the City to enforce this
herein. The Contractor agrees that it is a
agreement shall be borne by the
separate and independent enterprise from the
Contractor.
City, that it had full opportunity to find other
19.2 Upon completion of all Services,
business, that it has made its own investment
obligations and duties provided for in
in its business, and that it will utilize a high
this Agreement, or in the event of
level of skill necessary to perform the work.
termination of this Agreement for any
Any potential Agreement shall not be
reason, the terms and conditions of
construed as creating any joint employment
this Article shall survive indefinitely.
relationship between the Contractor and the
19.3 Contractor shall pay all claims, losses,
City and the City will not be liable for any
obligation incurred by Contractor, including but
liens, settlements or judgments of any
nature whatsoever in connection with
not limited to unpaid minimum wages and/or
the foregoing indemnifications
overtime premiums.
including, but not limited to, reasonable 21.
WARRANTIES
attorneys fees (including appellate
attorney's fees) and costs.
21.1 S uccessfu I Offeror warrants to City that
the consummation of the work
19.4 City reserves the right to select its own
provided for in the Contract documents
legal counsel to conduct any defense
will not result in the breach of any term
in any such proceeding and all costs
or provision of, or constitute a default
and fees associated therewith shall be
under any indenture, mortgage,
the responsibility of Contractor under
contract, or agreement to which
the indemnification agreement.
Successful Offeror is a party.
Nothing contained herein is intended
21.2 Successful Offeror warrants to City that
nor shall it be construed to waive City's
it is not insolvent, it is not in bankruptcy
rights and immunities under the
proceedings or receivership, nor is it
common law or Florida Statute 768.28
engaged in or threatened with any
as amended from time to time.
litigation, arbitration or other legal or
20. INDEPENDENT CONTRACTOR
administrative proceedings or
investigations of any kind which would
An Agreement resulting from this solicitation
have an adverse effect on its ability to
does not create an employee/employer
perform its obligations under the
relationship between the Parties. It is the intent
Contract.
of the Parties that the Contractor is an
21.3 Successful Offeror warrants to City that
independent contractor under this Agreement
it will comply with all applicable federal,
and not the City's employee for any purposes,
state and local laws, regulations and
including but not limited to, the application of
orders in carrying out its obligations
the Fair Labor Standards Act minimum wage
under the Contract.
and overtime payments, Federal Insurance
Contribution Act, the Social Security Act, the
21.4 All warranties made by Successful
Federal Unemployment Tax Act, the provisions
Offeror together with service warranties
of the Internal Revenue Code, the State
and guarantees shall run to City and
Worker's Compensation Act, and the State
the successors and assigns of City.
Unemployment Insurance law. The Contractor
shall retain sole and absolute discretion in the 22.
SAFETY STANDARDS
judgment of the manner and means of carrying
The Proposer warrants that the product(s)
out Contractor's activities and responsibilities
supplied to the City shall conform in all
hereunder provided, further that administrative
respects to the standards set forth in theOccupational
Safety and Health Act of 1970 as
9
f
T02254 — Exhibit 1
Cit jt `C.. , s C`.%r � !C t .t L..� .r�4.i,� a...� , t �� iE a.X C`.r p-�y �t `� ', ,,. '>$ C^ t fif^� t'8
....rf.._.,,._-.....,..._........,.......,.,.......»...............�........,....,,,........,.....,..»»»..�,....M,..,.....,,.,.»,.........�».,.,�..._....,..,,...,.._._.»..».................._»».............»_.......................,....�.w.».w.,._,,.._,.,.....»_._.»»,..,...,...,...,.,...,..,............._».....,.�.»........,....».,.....»»..w».,.,. { ..� � 3 i �.,k �" �.,.. f t1 C�� lw �, x.� a....d� x F a`1 i'�.�3 !
amended, and shall be in compliance with of all permits, fees, licenses and charges shall be
Chapter 442, Florida Statutes as well as any included in the Price Proposal except where
industry standards, if applicable. expressly noted in the specifications.
24. INSPECTION & INVESTIGATION
The City shall have the right to inspect any
materials, components, equipment, supplies,
services or completed work specified herein,
and to investigate the circumstances around
any complaint lodged against the Contractor
during the term of this Agreement. Any of said
items not complying with these specifications
are subject to rejection at the option of the
City. Any items rejected shall be removed
from the premises of the City and/or replaced
at the entire expense of the successful vendor.
25. NON-DISCRIMINATION AND EQUAL
OPPORTUNITY EMPLOYMENT
During the performance of the Contract, the
Contractor shall not discriminate against any
employee or applicant for employment because
of race, color, sex, religion, age, national origin,
marital status, political affiliation, familial status,
sexual orientation, or disability if qualified. The
Contractor will take affirmative action to ensure
that employees are treated during employment,
without regard to their race, color, sex, religion,
age, national origin, marital status, political
affiliation, familial status, sexual orientation, or
disability if qualified. Such actions must
include, but not be limited to, the following:
employment, promotion; 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 shall
agree 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. The Contractor
further agrees that he/she will ensure that
Subcontractors, if any, will be made aware of
and will comply with this nondiscrimination
clause.
26. TAXES
Successful Offeror shall pay all applicable sales,
consumer use and other similar taxes required
by law, and shall collect Florida State Sales Tax
as required.
27. PERMITS, FEES, LICENSES AND NOTICES
Successful Offeror shall secure and pay for all
permits and fees, licenses and charges
necessary for the proper execution and
completion of the work, as required by Special
Conditions or Scope of Work herein. The costs
28. PERFORMANCE
Failure on the part of the Offeror to comply
with the conditions, terms, specifications and
requirements of the bid shall be just cause for
cancellation of the proposal award. The City
may, by written notice to the Proposal,
terminate the contract for failure to perform.
The date of termination shall be stated in the
notice. The City shall be the sole judge of
nonperformance.
29. TERMINATION FOR CAUSE AND DEFAULT
By virtue of the extraordinary nature of the
CITY's obligation, and by virtue of the unusual
nature of the obligations being dealt with in this
Agreement, it is understood and acknowledged
by CONTRACTOR that this Agreement may
be terminated by CITY administration
immediately at any time that it becomes
apparent to CITY that CONTRACTOR does
not have the facilities and capabilities of
performing in accordance with the terms and
requirements of this Agreement. For the
purpose of this Agreement and this section of
the Agreement, these terms include not only
the terms set forth in this Agreement, but also
the terms of Exhibits _ and , and such
additional or other terms and requirements, as
may from time to time during the course of this
Agreement be imposed by CITY and agreed to
by CONTRACTOR in order to insure the
adequate provision of towing, wrecker and
storage service to CITY.
It is further understood and agreed that
CONTRACTOR does hereby release CITY
from any claim for any damages of any kind in
the event of the cancellation of this Agreement
by CITY.
30. TERMINATION FOR CONVENIENCE OF CITY
This Agreement may be terminated by the City
for convenience, upon seven (7) days of
written notice by the City to the Successful
Offeror for such termination in which event the
Successful Offeror shall be paid its
compensation for services performed to
termination date, including services reasonably
related to termination. In the event that the
Successful Offeror abandons this Agreement
or causes it to be terminated, the Successful
Offeror shall indemnify the city against loss
pertaining to this termination.
31. FUNDING OUT
This agreement
shall
remain in
full force and
effect only as
long
as the
expenditures
0
-10
T02254 — Exhibit 1
{iw-r,, �. 6 r r -} � � s p � � �. p �^�t (3- "' k,.s r 3 Y q'. s f 6""`'' -•' � y t' 3- �,,. � �j ? ' h�r � p'�
....... f .at ,...�.....s,,,.....,.. �+E r r # ��» s �i.:B La,,,..,..,.,.,,,...,.,».,.,.,,.......w.......».».....,,,....»»»..».,.........,....r»..»..»»_»......................».,..,..,,,,..,..........,...........,.,..�.,.,.,.,.........w....,...........,......,......,....,..,....,.,.........., » » � L a c :;s E.�mm� � li�.,g C ,i`� f i o �,,,N� � r 3 &. s a c 11 S :sN.F i eF ;# a.�a� �...1 f ..F.».,....,....
provided for in the Agreement have been 37. FORM AGREEMENT DOCUMENT
appropriated by the City Commission of the
City of Tamarac in the annual budget for each
fiscal year of this Agreement, and is subject to
termination based on lack of funding.
32. AUDIT RIGHTS
City reserves the right to audit the records of
Successful Offeror, relating to this contract, at
any time during the term of the Contract, and for
a period of three (3) years after completion of
contract. If required by City, Successful Offeror
shall agree to submit to an audit by an
independent Certified Public Accountant selected
by City. Successful Offeror shall allow City to
examine and review the records of Successful
Offeror at any and all times during normal
business hours during the term of the Contract.
33. ASSIGNMENT
33.1 Successful Offeror shall not assign,
transfer or subject the Contract or its
rights, title, interests or obligations
therein without City's prior written
approval.
33.2 Violation of the terms of this
paragraph shall constitute a breach
of the Contract by Successful Offeror
and City may, at its discretion, cancel
the Contract. All rights, title, 'interest
and obligations of Successful Offeror
shall thereupon cease and terminate.
34. EMPLOYEES
Employees of the successful Contractor shall
at all times be under its sole direction and not
an employee or agent of the City. The
Contractor shall supply competent and
physically capable employees. The City may
require the Contractor to remove an employee
it deems careless, incompetent, insubordinate
or otherwise objectionable. Bidder shall be
responsible to the City for the acts and
omissions of all employees working under its
directions.
35. CITY'S TAX EXEMPT STATUS
The City of Tamarac is exempt from all
Federal, State, and Local taxes. An exemption
certificate will be provided where applicable
upon request.
36. GOVERNING LAW:
The laws of the State of Florida shall govern
this Agreement. Venue shall be Broward
County, Florida.
The City may attach as a part of this
solicitation, a Form Agreement document.
Proposers shall be responsible for complying
with all of the terms and conditions of the Form
Agreement document if included herein,
except where variant or conflicting language
may be included in any Special Conditions
contained herein. Proposers shall note any
deviation or variance with the Form Agreement
document at the time of bid submission.
38. UNBALANCED PROPOSAL PRICING
When a unit price proposed has variable or
estimated quantities, and the proposal shows
evidence of unbalanced proposal pricing, such
proposal may be rejected.
39. INFORMATION REQUESTS AFTER DUE
DATE
Following a recommendation for award,
Proposers may download the evaluation
results directly from the Internet at
http://wAw,tamarac,oLq.
Pursuant to Florida Statute Chapter 119,
Section 7(m), sealed bids or proposals
received by an agency pursuant to invitations
to bid or requests for proposals are exempt
from the provisions of subsection (1) and s.
24(a), Art. I of the State Constitution until such
time as the agency provides notice of a
decision or intended decision pursuant to F.S.
§120, 7(3)(a), or within 10 days after
bid/proposal opening, whichever is earlier.
40. PROHIBITION AGAINST LOBBYING
During the solicitation of any bid or
proposal, any firm and its agents, officers
or employees who intend to submit, or who
have submitted, bids or proposals shall not
lobby, either individually or collectively,
any City Commission members, candidates
for City Commission or any employee of
the City. Contact should only be made
through regularly scheduled Commission
meetings, or meetings scheduled through
the Purchasing and Contracts Division for
purposes of obtaining additional or
clarifying information. Any action,
including meals, invitations, gifts or
gratuities by a submitting firm, its officers,
agents, or employees shall be within the
purview of this prohibition and shall result
in the immediate disqualification of that
firm from further consideration.
During a formal solicitation process,
contact with personnel of the City of
Tamarac other than the Purchasing and
Contracts Manager or designated
representative regarding any such
solicitation may be grounds for elimination
T02254 — Exhibit 1
from the selection process.
Remainder of Page Intentionally Blank
2
T02254 — Exhibit 1
{{�,:^" 't. V �.� f ""#°",,. + n t � �.., � � �' ' a Y'4 `�C Y a c t� , ,� � � Y s i �.� � 1
L...> � :. a..-* S � S'� e t ?� t,F :� �% �...r �f 5..+ ? f i £ 4 e # �.. � c t
V. SPECIAL CONDITIONS AND SCOPE OF WORK
A. SPECIAL CONDITIONS
The following Special Conditions shall modify and take precedence over any general conditions
contained herein.
1. PERFORMANCE BASED CONTRACTING & PERFORMANCE GUARANTEES
1.1 Satisfactory Service Required
The City of Tamarac) has embraced the concept of Performance Based Contracting. Under this
model of Performance Based Contracting, the City desires to enter into a partnering agreement
with the successful contractor. A partnering agreement is an agreement that provides mutual
benefits for both the City and the successful Contractor.
Specific provisions for a Performance Based Contract are as follows:
1.1.1 Contractor shall successfully adhere to the requirements of this Agreement and
successful completion of all tasks required under the specifications in a manner
which is acceptable to the City.
1.1.2 Semi -Annual Performance Review: At its sole discretion, the City may conduct
periodic performance reviews of the Contractor. The frequency of said reviews will
not exceed two (2) per year. Criteria to be evaluated will consist of, but not be
limited to, performance guarantees listed herein, response times, complaints
received, care and custody of vehicles and owner's possessions, condition of
facilities and equipment, extent and clarity of records, and conduct of management
and personnel. Within thirty (30) days of the issuance of the results of a review,
Contractor may respond to the City in writing and the parties shall meet to discuss
the review and other pertinent subjects. A final report which shall include any
"Contract Report Card" used by the City, which will enumerate the results of the
review, by stakeholders, the Contractor's written response, and a summary of the
semi-annual review meeting which will be prepared by City Staff, with a copy sent to
the Contractor.
1.1.3 Contract Report Card: The City may utilize a "Contract Report Card" as a means of
performing the semi-annual reviews. The City shall request contract stakeholders to
serve on an evaluation panel during the contract term. The stakeholders shall
include, but not be limited to City of Tamarac employees and employees assigned to
the Tamarac District by the Broward Sheriff's Office. Each stakeholder will evaluate
the Contractor using a "Contract Report Card" evaluation document, which will
survey the Contractor's level of service. Evaluation criteria for the "Contract Report
Card" will be developed by the City, with input from the Contractor.
1.1.4 Contractor performance on performance reviews will be an important consideration
in determination of an extension term.
1.2 Performance Guarantees
As a part of this Agreement, the successful Contractor shall agree to maintain the following level
of performance:
1.2.1 The successful Contractor shall provide a level of service which shall lead to optimal
agency satisfaction. Complaints, including but not limited to poor service,
unacceptable follow-up, disputes relating to invoice processing, etc. shall constitute
unsatisfactory performance. More than three (3) complaints per month will prompt a
review of the Contractor's performance, and may result in potential corrective action
by the City.
3
T02254 — Exhibit 1
ti.. �...3 {. 4oft;f.sip . c itC�+�i )iLi i:.i f'1.�4 Contracts i..dd� fc,?s'�..J'��
1.2.2 Additional performance guarantees shall be as detailed in Section V.B. "Scope of
Work" contained herein. The City and Contractor may mutually agree to additional
performance guarantees as may be warranted.
1.3 Customer Complaint Tracking System Required
CONTRACTOR shall maintain a customer complaint system during the term of this Agreement.
At a minimum the Customer complaint procedure shall provide that all customer complaints shall
be resolved within the next business day. Upon request, CONTRACTOR shall supply CITY with
copies of all complaints indicating the date and time of the complaint, the nature of the complaint
and the manner and timing of its resolution. It is preferable that the complaint system shall
provide for electronic entry, tracking and review of complaints, as well as management reporting
that provides for an electronic log of complaints.
2. PRE -PROPOSAL CONFERENCE
A Pre -Proposal Conference will be held at the time and place shown on the front of this document.
While attendance at the Pre -Proposal Conference is not mandatory, it is highly encouraged.
Regardless, each Offeror shall be responsible for validating conditions and requirements prior to
submitting a proposal, and to factor those conditions into Offeror's proposal pricing.
3. ADDITIONAL CONTRACTOR RESPONSIBILITY
Any related costs to towing, recovery, storage, or administration that are not specifically stated in this contract
will be the sole responsibility of the Contractor. Contractor can only charge vehicle owners or operators the
rates listed in this contract and under the terms and conditions contained in this contract.
Any proposed changes in fees shall be submitted in writing and approved by the City prior to implementation.
The written request shall be accompanied by an amended "Schedule of Prices for Towing and Wrecker
Service" reflecting the proposed changes.
4. RESPONSIBILITY FOR PAYMENT
The City of Tamarac will not be responsible for the collection or payment of any charge for services rendered
by reasons of its having dispatched service in accordance with this contract unless such service charge is
applicable to City owned, confiscated, or leased vehicles or equipment, street clean up without a tow
(equivalent to a normal automobile tow), or City authorized special services. All other such services rendered
shall be charged to the owner of the towed vehicle or other lawful claimant of possession.
5. SPECIAL SERVICES
If additional duties, similar to those contained in the Scope of Work for this RFP, but not specified in therein,
are required by the City, and the Contractor is able to provide those special services, those services may be
requested under this contract by authorized City staff. Examples of such special services could be removal of
an aircraft from water, or recovery of a large piece of City equipment from mud.
In such instances, the City will depend upon Contractor's experience in such matters and authorize the
Contractor to assemble all necessary special equipment and staff, including use of subcontractors, to resolve
the special or emergency situation. Whenever possible, estimated costs for such special services shall be
provided to the City prior to engaging in work, and all costs shall be subject to negotiation. In any such
instances, the City reserves the right, time and circumstances permitting, to seek the special services
elsewhere in accordance with the City procurement ordinances.
6. 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 the operator's own choice, or requesting that their vehicle be towed to a garage location or
4
T02254 — Exhibit 1
compound of the operator's choice and not that of the Contractor, unless the disabled vehicle is creating a tie
up of traffic or hazardous situation in the opinion of the appropriate City official at the scene.
7. BENEFIT FROM REPAIRS
Upon award of contract, the Contractor shall not engage directly or indirectly without prior disclosure and
written City approval, in the automotive or truck repair, paint and body, salvage, junkyard, or recycling
business. If the Contractor has any interest in automotive or truck repair, paint and body, salvage, junkyard, or
recycling businesses, at the time this proposal is submitted, proposer shall so state in the proposal response,
and list specific information related to such interests. The specific circumstances and relationship of the
Contractor to these peripheral activities will be reviewed during evaluation of proposers' qualifications and
capabilities. If during the term of the contract, including any option terms, Contractor acquires an interest in
automotive or truck repair, paint and body, salvage, junkyard, or recycling businesses, Contractor shall
immediately notify the City in writing. Failure to do so could result in termination for cause.
8. SUBCONTRACTORS
Any use of subcontractors will be at the City's sole option, and use of subcontractors must be preceded by
receipt of written City approval and be subject to the following conditions:
8.1 Subcontracting shall be allowed for recovery and towing only, not for storage operations
except abandoned or derelict "dead" vehicle storage.
8.2 All towing and recovery vehicles shall only be identified by Contractor's name, address of
principal compound, and telephone number. No subcontractor identification shall be allowed.
8.3 Subcontractors shall not be used for critical accident emergencies or street blockage calls.
8.4 Contractor shall be held fully responsible for subcontractors' performance and insurance
coverage.
8.5 City reserves the right, at its sole option, to withdraw approval of a particular subcontractor by
giving the Contractor written notice.
8.6 If an emergency situation is declared by the BSO Officer or authorized City staff at the scene,
that officer or staff person may waive B. and C. above and authorize Contractor to use
subcontractors to resolve the immediate emergency.
9 COMPLAINTS AND DISPUTES
At all times Contractor shall conduct its business in an orderly, ethical and business -like manner and use every
means to obtain and keep the confidence of the motoring public. All public contact shall be in a courteous and
orderly manner.
All complaints concerning misconduct on the part of the Contractor or disputes between City staff and the
Contractor will be referred to the City Manager or his designee, who shall conduct investigations and inquiries,
including discussions with the Contractor and involved staff. The determinations of the City Manager or
designee shall be binding upon the parties, and failure of the Contractor to follow any such determination could
be considered a material breach and subject the contractor to termination for cause.
10 RESOLUTION OF DISPUTES
All disputes concerning the level of service or any matter referred to herein will be referred to the City Manager
of the City of Tamarac, or his designee, who shall conduct such investigations and inquiries, including
discussions with the Contractor which the City Manager deems appropriate; the City Manager, or his
designee, shall be the sole judge of the merits of the dispute and the CONTRACTOR shall abide by the
decision of the City Manager.
11. CITY'S RIGHT TO SUSPENSION
Should at any time
during the
term of this contract, including
any
option terms, the Contractor should be in
violation of any of
the terms
and conditions of this contract,
the
City shall have the right to suspend the
15
T02254 — Exhibit 1
Contractor until the violation is resolved to the satisfaction of the City. If the violation is not promptly resolved
or is of such serious nature that the City determines that suspension is not adequate, the City reserves the
right to terminate for cause.
Should at any time during the term of this contract, including any option terms, the Contractor or its principals
become the subject of a criminal investigation, the City shall have the right to suspend the Contractor until the
outcome of any pending investigation including trial, should one result. Upon termination of the criminal
investigation, which does not result in criminal charges, the City at its sole discretion may cancel the contract
or reinstate the contract. Should criminal charges result from the investigation, at the conclusion of the trial or
upon a plea bargain by the Contractor, the City in its sole discretion may cancel the contract or reinstate the
contract.
The Contractor shall be liable to reimburse the City for any administrative expenses incurred by the City
related to contracting for services with temporary contractors in order to meet the City's towing requirements
during the suspension period. Contractor shall also be liable to cover any differences in cost/price incurred by
City between Contractor's fees and the fees of temporary contractors, in the event that such fees are higher
than Contractor's fees during the suspension period.
12. VARIANCES
While the City allows Contractors to take variances to the RFP terms, conditions, and specifications, the
number and extent of variances taken will be considered in determining proposal responsiveness and in
allocating proposal evaluation points.
Remainder of Page Intentionally Blank
16
T02254 -- Exhibit 1
s ?' �`» a i,.,,. .R � e g -'v � ;.-� /{'�� Cori
N5 aw �y'g� 7 �p�g
City �..�8 > air?#a,AFi.ac, � sb��Na,..#5{..�k���1�� a;,�}fi....� �fFori rc-,-.4S. si' ,i....s`d�`a�.t'a�?6`�.�;�i
B. SCOPE OF WORK -- TECHNICAL AND OPERATIONAL REQUIREMENTS
Successful proposer, hereinafter referred to as the Contractor, shall enter into a Franchise Agreement with the
City of Tamarac, Florida hereinafter referred to as the CITY, for the purpose of providing adequate and
qualified towing and wrecker service to the public.
1. REQUIRED LICENSES & OPERATIONAL TIMEFRAME
The Contractor shall hold and maintain a general towing and wrecker service license issued by Broward
County, and shall be in good standing. The Contractor shall have actively conducted business within Broward
County for a minimum of three (3) years. The Contractor must also have all necessary City and County
licenses and permits as may be required to operate this type of business. All towing vehicles shall display
current registration decals issued by Broward County.
2. CITY VEHICLES
Contractor shall recover and tow City and/or BSO owned, confiscated, or leased vehicles that are located
within Broward County to his compound or to any location within City limits at no charge to the City. City
vehicles which are located outside Broward County which require towing services shall be billed to the City at
normal commercial rates, as agreed to by Contractor and City. In the event a vehicle is held for evidence,
Contractor shall store the vehicle at his compound at no charge and deliver that vehicle at no charge from his
compound to any City designated location, within City limits.
3. ESTIMATED QUANTITIES
The current contract volume is approximately 1200 Broward Sheriff's Office (BSO) authorized and 175 City
vehicle tows per year. These are estimates provided for informational purposes only, no warranty or guarantee
of quantities is given or implied. Contractor shall provide service as required.
4. FRANCHISE FEES AND COSTS OF SERVICES TO THE PUBLIC
4.1 Franchise Fees
As a condition of the Franchise Agreement, the Contractor agrees to pay annual franchise
fees to the City in the amount of Sixty Thousand Dollars ($60,000) which shall be payable
by four equal quarterly payments as invoiced by the City. Payments shall be made in
advance and shall be due on the first business day of the contract quarter. If franchise fees
are delinquent, a late charge of $50.00 shall be applied in addition to interest at the highest
rate allowed by current State Statute. If franchise fee payments are more than twenty (20)
days late, contractor is subject to suspension or cancellation at the City's sole option.
In the event that the Cost of Services to the Public is increased, the successful proposer will
increase the franchise fee payment by an amount equal to the percentage increase of the
applicable rate for the Towing Cost as shown in the Broward County Administrative Code,
Part Vill, "Categories and Maximum Fees for Recovery, Towing, Removing, Storing or
Immobilization of Vehicles on Private Property", Section 24.50, #1 — "Towing". As an
example, if the cost of a tow is increased from $100 to $105 dollars in Section 24.50, then the
percentage increase in the franchise fee will be calculated as follows:
Towing Cost: $105/$100 = 1.05 (increase of 5%)
Revised Franchise Fee: $60,000 x 1.05 = $63,000 (increase of 5%)
4.2 Cost of Services to the Public
4.2.1 The successful proposer shall be governed by the rates established by the Broward
County Administrative Code, Part VII I, "Categories and Maximum Fees for Recovery,
Towing, Removing, Storing or Immobilization of Vehicles on Private Property,
T02254 — Exhibit 1
including code sections 24.49, 24.50, 24.51, 24.527 24.53, 24.54 and 24.55, as may
be amended from time to time, in effect at the time of the provision of services.
4.2.2 Rates may only be adjusted if allowed by a formal action by the Broward County
Commission, by formal resolution, which amends the Broward County Administrative
Code. Such rate adjustments shall be effective on the date provided for by the
action taken by the Broward County Commission.
4.2.3 A copy of the most recent rates at the time of publication of this solicitation are
attached hereto.
4.3 Additional Services Offered
At the discretion of the Propose, additional services related to the towing of vehicles, or for
roadside assistance may be offered to the City. Proposer may include a schedule of ONLY
those additional services offered as a part of Proposer's response.
5. RESPONSE TIME
The contractor is to respond (arrive at the scene) within thirty (30) minutes of notice at any time of the day or
night with appropriate equipment at the request of the BSO, or in the case of City vehicles, by an authorized
City employee for Class A and B tows; and within forty-five (45) minutes for Class C and D tows. The
Contractor assumes all liability in meeting the required response time including, but not limited to, any and all
damages resulting from traffic accidents and motor vehicle infraction fines.
The following penalties shall apply to the contractor for failure to respond within the required time frame during
any consecutive twelve (12) month period, which shall be monitored by the City's Project Manager:
A. First Three Offenses: Notification via Certified Letter.
B. Fourth Offense: $250.00 fine.
C. Fifth Offense: $350.00 fine or suspension, at the City's option.
D. Any further offense: $500.00 fine, suspension, or termination, at the City's option.
The Contractor is not to hook up or move any vehicle at the scene in any way without first having received
instructions from a BSO member or other authorized City staff member.
In the case
of abandoned
or derelict vehicles where a
BSO
member
is not waiting at or on his way to the
scene, and
the Contractor
is so notified, response time
shall
be within
twelve (12) hours of notice.
6. SERVICE CALL CANCELLATION
The City reserves the right to cancel a request for services at any time, including up to the time of hook-up,
without any charge. The Contractor agrees that the mere response to a service call including arrival at the
scene, without other action, does not constitute a service call where charges are applicable.
7. ETHICS AND CONDUCT
The Contractor agrees to conduct operations under this contract in a courteous, orderly, ethical and
businesslike manner. As this contract is very sensitive in nature and requires the Contractor and his personnel
to deal with the public on a daily basis, Contractors are required to extend common courtesies such as:
A. Expedite release of the vehicle in accordance with the terms of this contract.
B. Assist the vehicle owner in retrieving documents, from the vehicle, to establish ownership.
C. Allow the owner to remove the auto tag and any unattached personal possessions.
D. Explain fully and politely the reason for the tow and all charges levied.
T02254 — Exhibit 1
...............at...,..a..,....,....,.......,......,n.,..,.w......,,......rM._.......,........�_.�................»..w�,....,.,.....,.,.,......,�..,,,,........,....._.,....._,�..............�_.m........»»_..».,.,.,...... .,�...._..........,.............__..v.....,,.._,..w....._.._..,,,...,...,....,,,,...,.,,r,...,.....,....,,.,._.....».�..,..»,,,.,.....,.�...,..�,._._sae.,........m...,...,.....».....,,M.�._�__........._,...,......_.w,..�.....,..�_..,,,,...,.,�..,_�...�..
E. If a dispute occurs, Contractor shall attempt to resolve the dispute promptly and politely. If it
cannot be resolved satisfactorily, the dispute shall be reported to the City no later than the
next business day.
8. CONTRACTOR PERSONNEL
Contractor shall have available sufficient qualified personnel for the operation of the equipment and to staff the
office facilities as required to perform as specified. Contractor shall maintain a State of Florida Department of
Motor Vehicles Report on each driver, to be updated annually.
Each wrecker shall be staffed by a driver meeting the following qualifications:
A. Possess a valid chauffeur's license.
B. Shall be familiar with the layout of the City streets.
C. Shall have the physical qualifications necessary to perform the normal tasks required of a tow
driver.
D. Shall wear a uniform with the name of Contractor and driver's name while working in the City
of Tamarac.
Contractor agrees that the owners of the Contractor, or officers if a corporation, shall be held fully responsible,
except as otherwise prohibited by law, for the acts of their employees while on duty.
9. EQUIPMENT REQUIREMENTS
If awarded a contract, the Contractor is to provide the minimum number of wreckers in each classification
listed below in accordance with the Rules of the Department of Highway Safety and Motor Vehicles Division of
Florida Highway Patrol Wrecker Qualifications and Allocation System. If additional wreckers in any or all
classes are required to handle the volume of tows requested under this contract, the Contractor is to provide
them at no cost to the City. Contractor agrees to maintain a sufficient fleet of tow trucks and necessary
equipment to perform the total contract service requirements, plus all other business including law
enforcement and commercial. The City will be given preference on any call for service. All equipment shall be
modern, commercially manufactured, and in good mechanical condition. No towing service equipment shall
be used by the Contractor as an emergency vehicle. All towing vehicles must be equipped with a two-way
radio capable of covering all assigned territory and the Contractor's Compound.
Contractor shall have full control and total availability of all equipment listed below in the contract inventory.
9.1. Class "A" Towing/Recovery Vehicle Specifications
Quantity: 6, including flatbed car carriers
9.1.1 A truck chassis with a manufacturers rated capacity of at least 10,000 pounds gross
vehicle weight. A complete commercially manufactured crane and winch having a
manufacturers rating of at least 4+ tons must be mounted on the chassis. Hand
crank winches do not satisfy these requirements and will not be approved.
9.1.2 A minimum of one hundred feet of 3/8-inch cable.
9.1.3 Cradle or tow plate or tow sling to pick up vehicles. The cradle or tow plate is to be
equipped with safety chains and so constructed that no further damage will occur
when picking up vehicles.
9.1.4 Dual rear wheels.
9.1.5 Vehicles that are equipped with wheel lifts or equivalent may also qualify as Class
"A" tow trucks so long as all other applicable requirements are met.
9
T02254 — Exhibit 1
+.- ur '"" h i a .' %. g Cw n d Cori f. t a i ve s i o 1
9.1.6 In addition, Contractors should have sufficient roll -back or slide back car carriers with
specifications and equipment as follows:
• A minimum of a one -ton truck with a sixteen foot bed, dual wheels and one winch
with an 8,000 pound capacity.
• A minimum of 50 feet of 3/8-inch cable.
• A brake lock device.
• A minimum of two -safety tie down chains twenty feet in length.
• Tow spot (flood) lights mounted on the rear.
9.2 Class "B" Towing/Recovery Vehicle Specifications
Quantity: 2 Minimum
9.2.1 A truck chassis with a manufacturers rated capacity of at least 15,000 pounds
gross vehicle weight.
9.2.2 Boom capacity of not less than 15 tons.
9.2.3 Power winch pulling capacity of not less than ten tons.
9.2.4 Minimum of two hundred feet of at least 7/16 inch cable.
9.2.5 Cradle or tow plate or tow sling to pick up vehicles. Cradle or tow plate to be
equipped with safety chains and constructed so that no further damage will occur
when picking up vehicles.
9.2.6 Dual Wheels
9.3 Class "C" Towing/Recovery Vehicle Specifications
Quantity: 1 in inventory and 1 additional available if needed
9.3.1 A truck chassis with a manufacturers rated capacity of at least 30,000 pounds gross
vehicle weight for single axle trucks and 50,000 pounds gross vehicle weight for
tandem axle trucks. A complete twin winch, commercially manufactured crane and a
winch having a manufacturers rating of at least 25+ ton capacity mounted on the
chassis.
9.3.2 A minimum of two hundred (200) feet of at least 5/8-inch cable on each drum.
9.3.3 Air brakes so constructed as to lock the rear wheels automatically upon failure. Air
brake system to supply air to disabled vehicles.
9.3.4 A cradle or tow plate or tow sling to pick up vehicle. The cradle or tow plate or tow
sling is to be equipped with safety chain and so constructed that no further damage
will occur when picking up vehicles.
9.3.5 Dual rear wheels.
Note: A Lowboy will not substitute for the required Class "C" vehicles.
9.3.6 Special Equipment: Equipment such as a Lowboy, air cushions, or major street clean
up equipment does not have to be part of the Contractor's inventory. However,
Contractor must demonstrate, to the satisfaction of the City, that such equipment is
immediately available when the need for this infrequently used equipment occurs.
Lowboy specifications:
20
T02254 — Exhibit 1
C"',
S a < n a 1 a c.. y { e , j p � i � •y -x; r'? Y'5 C�''� � � z !" !". _ y-.. { r' + 4 �.� F j`-�¢ ,�
�» S..F o 's.. # 3 i.,� a,. , r 3 a-,p i,:.ff # £ i..E Co.� a,.. i f �# '�';e �.i 3 �� , a.,. £ �.J'?
1. Hydraulic roll back, flatbed, tilt, self -loading with 50,000-pound minimum
capacity, 60,000 pounds GVW.
2. Hydraulic winch capacity of 10,000 pounds minimum.
3. Size: 48 feet long and 102 inches wide.
Note: The CONTRACTOR will be required to have minimum of two (2) vehicles available
at all times to respond within 15 minutes to an emergency scene, on a twelve (12) hour basis,
seven (7) days a week, to assist the BSO, Public Services or Tamarac Fire Rescue
Departments with extrication.
10. MISCELLANEOUS REQUIREMENTS
The City's Project Manager or designee reserves the right to inspect any unit utilized in the
performance of this Agreement at any time during the term of the successful proposer's Agreement.
10.1 Wreckers shall be properly equipped with clearance and marker lights and all other
equipment as required by the Florida Statutes.
10.2 There shall be a rotor beam or strobe type light, amber in color, mounted on the wrecker in
such a manner that it can be seen from the front, rear and both sides.
10.3 If necessary, dollies for all wreckers except for Class "C" and roll back carriers will be
available.
10.4 At least one heavy-duty push broom with a minimum width of 24 inches on each wrecker.
10.5 Flood light on the hoist.
10.6 Minimum of one square shovel per each wrecker.
10.7 Minimum of one ax per each wrecker.
10.8 One crowbar or pry bar with a minimum length of 30 inches per wrecker.
10.9 A minimum of one (5) pound CO2, or dry chemical fire extinguisher or equivalent. The
extinguisher must be of an approved type and have attached a current inspection tag. The
extinguisher must be mounted so as to be readily accessible on every wrecker.
10.10 One (1) pair of bolt cutters with a minimum 1/2-inch opening per wrecker.
10.11 One set of jumper cables per wrecker.
10.12 One four-way lug wrench per wrecker.
10.13 One flashlight per wrecker.
10.14 Five 30 minute fuses per wrecker.
10.15 One snatch block for each winch, manufacturers rating to match winch, except for roll back
carrier.
10.16 External air hookup and hoses for Class "C" trucks.
10.17 Extra towing chain six to eight feet in length with hooks per wrecker.
10.18 At least six safety cones or triangle reflectors per wrecker.
10.19 Fifty (50) pounds of sand or suitable equivalent per wrecker.
10.20 Motorcycle trailer.
10.21 When towing large vehicles, removal of drive train components such as axles and drive
shafts shall be required.
10.22 When requested by the City, in preparation for or in response to a significant weather related
incident, the Contractor shall provide up to three (3) vehicles and operators to be located
within the City at designated locations. These units will be dedicated to emergency
operations until released by the City and will be made available when a civil emergency is
declared by the City Manager or Governor.
11. TOW TRUCK MARKINGS
The Contractor agrees to have no markings on either vehicles, buildings, or correspondence that indicates or
tends to indicate any official relationship between the Contractor and the Tamarac BSO or any police agency.
The name, address and telephone number of the Contractor and any other required decals or markings must
be applied as required by section 713.78(6), F.S. and current Broward County Ordinances.
T02254 — Exhibit 1
'�,,•y�, - ,+ +'na ' �.S t�'' a°"a - - � � r 4 . � �'v •� � r ��> r s Y� $,--icts
�..,:'t �{' i..s� �: a v � �i..I: �% id €,.f J {s � s ��'�.., i` �i..¢ A } �t..f qq
_.,......�.,.....xt�,.,.,,,.....,.�........,......�..,w.�...N._.._,,..,._.................... .. .�...,...,.._...,,..._,.___...,«.....,.......,........,,...�., ...w...�,_r._.,.......�...._.............,......_..,w.,,...,..,._.,..,....,.»_.v.,..._,_.M.....,..._.µ,..,M........._,,.�.,..m.._._.,..,...........-«.,.......................,..w�...,,...,..........SmwM.....,...�.�..M.............,_ .....,..,.,..,.,....,.....,.......,...,,,..,.
12. RADIO COMMUNICATIONS
The Contractor agrees to provide a 2-way radio communication system. The communication system shall be
between the Contractor's base station and all tow and service trucks utilized in providing police service within
the city limits. A citizens band radio does not meet this requirement. Federal Communications Commission
guidelines will prevail. The Contractor is at all times required to have the communication system staffed by
competent employees.
13. STORAGE FACILITIES
The contractor will maintain a storage garage and outside storage facilities complying with all provisions of
applicable building, zoning, and environmental regulations sufficient to store all vehicles towed under this
contract until such vehicle(s) are claimed by the owner or otherwise disposed of legally. The Contractor must
maintain a Principal Compound of not less than 50 vehicle capacity. Said compound shall be owned or leased
by the Contractor and shall be located in accordance with the distance requirements as specified by Florida
Statute 715.07 et al. The compound shall be open and staffed for vehicle receipt or release seven (7) days per
week and twenty-four (24) hours per day. Unless picked up by the owner, vehicles towed and/or stored at
the direction of the City will be held at this location for a minimum of five (5) days until released by the
Tamarac BSO to permit BSO personnel convenient access to such vehicles. The equipment and facilities
described below are to be located at this compound.
13.1
13.2.
Inside Storage
13.1.1 Paved floor, i.e., concrete or asphalt, free of dirt, standing water and vegetation.
13.1.2 Working area of 9' x 20' per vehicle with at least an 8' ceiling.
13.1.3 Have, within thirty (30) days of award, a hydraulic rack capable of lifting vehicles
totally off the floor or equivalent facilities to permit BSO investigators to stand
below the vehicle to make thorough investigations.
13.1.4 Electrical lighting source sufficient to permit processing of vehicle.
13.1.5 One outside window or ventilation system.
13.1.6 May not be located on the physical plant (grounds) of another business; i.e., inside
storage must be located inside the physical plant of the Contractor's business.
13.1.7 Contain a minimum of eight (8) inside storage spaces.
Outside Storage
13.2.1
To be kept and maintained to include: the removal of junk tires and auto parts, the
trimming of all shrubbery, trees and lawns (fence line and grounds), adequate
drainage to prevent standing water after rainstorms.
13.2.2
Must contain a minimum of fifty (50) spaces and housed so that a person may
reasonably walk around each vehicle or trailer in an unobstructed manner.
13.2.3
Must be protected by one or more of the following methods:
• Alarm system which will alert a local law enforcement agency;
• Low light video camera system with up to ten (10) days recorded time;
• Guard dog;
• Or, by an approved equivalent protection method
13.2.4
Area shall be enclosed with a solid wall or a substantial wire fence not less than six
(6) feet in height.
13.2.5
Contractor must provide outside storage, at outside storage rates, unless
Contractor receives written instructions from the City or vehicle owner to provide
inside storage for that vehicle.
13.2.6
The fence shall screen the enclosed area from public view, storage shall be fully
illuminated, and barriers shall be affixed to the top of the fence or wall to
discourage access over the top. The fence or wall shall be kept in good repair
throughout the contract term. Damage to the fence or wall shall be repaired within
twenty-four (24) hours.
22
T02254 — Exhibit 1
A0. d} c !
s� � .�• 3` a "3 n -> .•--�- r . -� 5' E `k r e.. � f x.!
if ? ..a #3 A 1 Spa ' x r. ....................wZ r sto i o f < x. i i I}`yll # w.
13.3 Office Facilities
13.3.1 To include telephone and rest room facilities and workspace such as desk, phone,
etc.
13.3.2 Physical plant to have name and mailing address clearly painted or a sign on the
front of the building.
13.3.3 To be separate from any other business or enterprise.
13.3.4 Must be accessible 24 hours per day, 7 days per week.
13.3.5 There must be 24-hour radio communication, which is staffed 7 days per week.
Phone answering services are not permitted.
13.4. Crime Scene Storage
13.4.1 A storage facility for vehicles that have been marked "Hold" by the Tamarac BSO
relative to a crime scene investigation shall be stored at the Contractor's Principal
Compound.
13.4.2 Any vehicle towed and stored as a result of the marked "Hold" relative to a crime
scene investigation shall be handled with gloves, i.e. cloth, rubber or leather, by
the wrecker operator.
13.4.3 Crime scene vehicles shall be stored to prevent physical contamination or
degradable evidence from deteriorating by coverage of the vehicles with tarpaulin
type covers, or their equivalent, or by storage in a covered facility.
13.4.4 If laboratory work on a crime scene vehicle must be processed at the Tamarac
BSO, the crime scene vehicle shall be transported at no charge to the City.
13.4.5 If laboratory work on a crime scene vehicle must be processed at the Ft.
Lauderdale BSO Crime Scene Investigation garage, vehicle shall be transported to
the BSO Crime Scene Investigation in Ft. Lauderdale at no charge to the City.
13.4.6 Unless a "Hold" has been placed upon the vehicle, disposal of vehicles will be in
accordance with current Florida State Statutes.
All Contractor storage facilities shall be subject to inspection and must be approved by the City prior to the
award of a contract. Storage facilities shall also be subjected to periodic inspection when deemed necessary
by the BSO or other authorized City personnel, during the life of this contract. Any discrepancies in the sole
opinion of the City shall be submitted in writing to the Contractor and ten (10) days shall be allowed for the
Contractor to correct the discrepancies, to the satisfaction of the City.
The Contractor will provide, at the request of the Tamarac Fire or BSO, use of their storage facility as an
extrication -training site.
14. PROTECTION OF VEHICLES AND PROPERTY
The Contractor's liability for any vehicle towed and all property contained therein will commence with the time
the wrecker is hooked onto the towed vehicle.
The Contractor will have his employee, representative or agent, complete a Vehicle Storage Receipt (Tow
Slip) jointly with a BSO member or owner or possessor of the vehicle, for each vehicle he is directed to tow.
Such Tow Slip shall be provided by the BSO. One copy shall be maintained by the Contractor as a permanent
record; one copy will be given to the owner or operator of the vehicle being towed (if known) or placed inside
the vehicle; and one copy will be retained by the BSO.
The Vehicle Storage Receipt shall contain the following information:
A. Make of vehicle and type.
B. License number and VIN number.
C. A list of all personal property contained in the vehicle to be towed.
2
T02254 — Exhibit 1
City of
..,..............rC...,...,.�.........,......,..r...,.,.r...............w..,.�..-,.,,._�.,..�.w,..»..._....-......,..,.....,..._..........,.,.,.�....,...r,..,._....___...n,..».,,....�,..._......,..,,..r.........,....,....,,....«.,...,.,............,.,�,....................,....._.,�......,...........w.._.�,�...,,.......,.r ......._.........,..K.,............9ra.. ......,.,.,,.......,.,.....,...�.,.n_._..._.,.,.....,.,.....»...,...�„-,................,,.._
D. General description of the vehicle as to the condition, damaged parts (identified in detail),
missing parts, and such other information as may be necessary to adequately describe the
vehicle.
E. Any extra waiting time or complications charges authorized by officer at the scene.
In the event a BSO member is not at the scene the report shall be signed by the Contractor and immediately
delivered to the Tamarac BSO. No vehicle can be removed from the scene until the Vehicle Storage Receipt
has been completed and signed.
The Contractor shall be solely liable and responsible to the owner or legal entity entitled to lawful possession
of all personal property in any vehicle towed under the authority of this contract. In the event of a complaint of
missing items from the vehicle, the Contractor will cooperate with the BSO Investigator in an investigation
pertaining to the missing items, which will include making the wrecker driver or lot personnel available to the
BSO Investigator.
The Contractor shall be responsible for the safekeeping of and shall be accountable to the owner of the
vehicle for all personal property, vehicle accessories, as well as for the vehicle stored within the storage
facilities of the Contractor. Personal property contained in vehicle(s) which are removed and stored by the
Contractor shall NOT be disposed of by the Contractor to defray any charges for towing or storage of
vehicle(s) and such property must be returned to the owner or other person legally entitled to lawful
possession of the vehicle upon request and without regard to any fees owed by such person or legal entity.
15. RELEASES
The Contractor shall directly release any vehicle, which has not been marked "Hold" providing the proper proof
of identification and ownership is presented. Any vehicle towed that is marked "Hold" cannot be released
without written authority from the Tamarac BSO. The Contractor shall release any vehicle towed in at the
request of the BSO only to the person whose name appears on the title or registration certificate as the
registered owner of the vehicle or to the authorized agent of such person.
Vehicles seized for forfeiture or held for a crime scene investigation pursuant to the Tamarac BSO, shall be
stored at such compound for whatever period of time necessary in order to properly process the vehicle and
any investigation involved at no charge to the City.
16. OWNER NOTIFICATION
The Contractor agrees to be responsible for notifying the registered owner or agent of the whereabouts of the
vehicle in accordance with Florida Statute 713. The Contractor agrees to maintain a log at the place of
business listing date, time, and method of notification.
17. ABANDONED AND DERELICT VEHICLES
The Contractor may dispose of equipment to compensate for towing and storage charges after all
responsibilities called for in accordance with Florida Statutes have been adhered to. Records must be
maintained which state towing, storage and salvage compensation for City audit purposes.
18. CLEANUP
The Contractor when towing vehicle(s) from the scene of an accident will be responsible for removing from the
street all broken glass and other non -hazardous matter that may be in the street as a result of the accident.
The cost of such normal accident cleanup shall be included in the basic towing rate and no separate charge
made to the City or vehicle owner. In the event the accident creates a major oil or fuel spill, or other unusual
circumstance that requires additional Contractor staff or equipment, the cost of such staff or equipment shall
be charged to the vehicle owner.
24
T02254 — Exhibit 1
Cityy of T a ?°"1 "3 a ra.,.` �_��.�........ ...�... �..,.�___...................._..._._....�.�.N. .�....w..._..,,...,.�_�..........�..,...........................�.....,,_._.,.,�,..,........»........,,_ �.� u 1 ch c a s i' ")Q, a n d G o r-I t a ct s D sit? Nf' � io r
19. DISPOSAL OF VEHICLES
Should Contractor, as a result of this agreement, have in his possession any vehicle or personal property for a
period in excess of thirty five (35) days, and should the Contractor be ordered to relinquish such vehicle or
personal property to the Tamarac BSO, the Contractor agrees to immediately do so if so notified prior to the
thirty five (35) day limit. The BSO agrees to pay the Contractor the towing, recovery, and storage charges due
in accordance with this contract, which they in turn would collect from the owner or person lawfully in
possession of the vehicle or personal property, that has been towed, recovered, or stored.
20. POSTING AND PROVIDING APPROVED TOWING RATES
Contractor shall prominently post near the cashier's location, at his principal compound, a list of all towing and
storage rates approved as a result of this contract. A rate card containing these rates shall also be available
for owners review in each towing vehicle.
21. INVOICES
The Contractor shall provide a
separate
invoice for each and every
towing
service provided under this
contract. The basic information
contained
in the invoice shall include,
but not
be limited to the following:
A. Date of service call.
B. Service call number assigned by Tamarac BSO.
C. Location where tow originated and destination.
D. Vehicle VIN number.
E. Vehicle make and model.
F. Vehicle license number.
G. Drivers name and I.D. number.
H. Reason for the tow such as: accident, parking, road blockage, city vehicle, confiscated,
abandoned/derelict, etc.
I. Breakdown of all towing, recovery, and storage charges.
On the back of the page of the invoice that
is provided
as a receipt or attached on separate
sheet when the
owner pays for and picks up his vehicle will
be legibly
printed or stamped with the following
information:
A. A policy statement concerning rates, policies, and procedures provided by the City.
B. A list of all approved rates.
C. City telephone numbers for questions or complaints regarding the contract.
The type size and content of this information is subject to City approval.
22. FORM OF COMPENSATION
The CONTRACTOR agrees to accept the following forms of payment at a minimum, at the storage facility and
in the field: cash, at least one major credit card, any commercial business check or travelers check. When
using cash, CONTRACTOR shall be responsible to provide correct change to the nearest dollar.
23. RECORDKEEPING, REPORTING, AUDIT AND INSPECTION RIGHTS
23.1 Access and Audits: The Contractor shall create, maintain and make available within Broward
County during each contract year and for three years following the end of the Contract,
adequate records as defined in, and required by, this Contract, all applicable local, state, and
federal laws, rules and regulations, and any reports as are reasonably necessary to
Contractor shall maintain at its principal compound or central offices, files which include but
are not limited to the following:
A. A Vehicle Storage Receipt for each vehicle impounded under the contract.
B. A copy of all paid invoices.
C. A log of calls for service.
5
T02254 — Exhibit 1
D. A notification log indicating date, time, and method of notification to the registered owner of
an impounded vehicle.
E. A log containing all vehicles that have remained unclaimed for thirty (30) days or more.
23.2 The Contractor shall provide the City with a review of the Revenue and Expense Financial
Statement representing the financial results of operations. The review must be performed in
accordance with Statements on Standards for Attestation Engagements and Related
Interpretations promulgated by the American Institute of Certified Public Accountants. The
annual review shall be delivered to the City within one hundred and twenty (120) days of the
twelve (12) month period ending the Contractor's fiscal year. The audit can be limited to the
entity actually providing services.
23.4 No rate adjustments of any type will be granted to the Contractor unless all required audits
and cost statements have been filed in a timely manner.
23.5 The City shall have the right to inspect and review all records, including recording and
recordkeeping requirements, maintained by the Contractor during normal business hours
upon twenty-four (24) hour notice to the Contractor.
24. REPORTS
Contractor shall submit the following reports to the Tamarac BSO by the 15th of each month for the previous
month. The form of the reports shall be determined by the Contractor, but are subject to the approval of the
City.
A. Towing Activity Report to include for each and every tow:
1. Date of tow.
2. Service call number assigned by Tamarac BSO.
3. Type of tow such as accident, parking, abandoned City vehicle, etc.
4. Location where vehicles towed from.
5. Vehicle make.
6. Tag/license plate.
B. Vehicle Release Report to include:
1. All information contained in the Towing Activity Report.
2. Date vehicle released or disposed of.
3 Method of disposition such as: release to owner, release to City auction.
4. A complete breakdown of all towing charges with a total including sales taxes.
VI. PROPOSAL SELECTION
The City Manager will appoint an Evaluation and Selection Committee to review Proposals. The City reserves
the right to select the Proposer, who represents the best value, and to accept or reject any proposal submitted
in response to this solicitation. The City's Evaluation and Selection Committee will act in what they consider to
be the best interest of the City and its residents.
Price shall not be the sole determining factor for selection, as indicated in the following section:
VII. EVALUATION OF PROPOSALS
A. EVALUATION METHOD AND CRITERIA
An Evaluation and Selection Committee has been appointed by the City Manager and will be
responsible for selecting the most qualified firm and then negotiating a contract. The Proposers with
the highest -ranked submittals may be asked to make a detailed presentation of their product/service
6
T02254 — Exhibit 1
i+E !' <It -1 A C.%L... f ..fir \, r�4i �Y t�j}� 4 kf ec£F Comtrau. t F Division
to the Evaluation and Selection Committee.
All Proposers are advised that in the event of receipt of an adequate number of Proposals which in
the opinion of the Evaluation Committee require no clarification and/or supplementary information,
such Proposals may be evaluated without discussion. Hence, proposals should be initially submitted
on the most complete and favorable terms which Proposers are capable of offering to the City.
After presentations, firms will be assigned a final score, with the highest -ranked firm moving forward
to the negotiation phase. Upon successful negotiation, a recommendation for award will be
considered by the City Commission. No work on this project shall proceed without written
authorization from the City of Tamarac.
The City reserves the right to enter into contract negotiations with the selected Proposer. If the City
and the selected Proposer cannot negotiate a successful contract, the City may terminate such
negotiations and begin negotiations with the next selected Proposer. No Proposer shall have any
rights against the City arising from such negotiations.
The City's evaluation criteria may include, but shall not be limited to, the following:
Compliance with Request for Proposals [Mandatory]. This refers to the adherence to all
conditions and requirements of the Request for Proposals.
1. Capabilities and Services to be Provided. This refers to the capabilities of the Offeror to
provide the required service to the City and/or BSO, and shall consider equipment available, facilities,
and proposed services to be provided by the Contractor. This area will consider the exact type and
nature of the offeror's proposed services and how they accomplish the tasks required by this proposal,
as well as the ability to rapidly respond to the City's needs, as defined in the Evaluation Criteria set
forth.
2. Qualifications and References. Offeror's capability in all respects to perform fully the
contract requirements, and the tenacity, perseverance, experience, integrity, and reliability which will
assure good faith performance, as well as satisfactory reference verification. This criteria includes:
i. The experience of the firm and its record on engagements of a similar nature,
including the ability to serve in a similar capacity for other units of government or
organizations.
ii. Personnel to be assigned to the project, and their education, capabilities,
qualifications and experience with similar projects
iii. Reference information gathered from other entities regarding the past experience of
the firm; and
iv. Other areas addressed in the Statement of Work herein.
B. ACCEPTABLITY OF PROPOSALS
The Offer shall be evaluated solely in accordance with the criteria set forth herein. The proposals shall
be categorized as follows:
1. Acceptable;
2. Potentially Acceptable; that is reasonably susceptible of being made
acceptable; or
3. Unacceptable.
C. AWARD OF AGREEMENT
2
T02254 — Exhibit 1
..,.,.,{..at Ti # 1 l�7 '�£..,.,,....a''���.............w,.,..,.....,.,.»...,.._....,...,.............................._._.._.,.....,..._..._..,..._-,.-
Award shall be made by the City to the responsible offeror whose proposal is determined to be the
most advantageous to the City, taking into consideration price and the evaluation criteria set forth
herein below. The City of Tamarac reserves the right to accept the Proposal as a whole or for any
component thereof if it appears to be in the best interest of the City.
D. WEIGHTED CRITERIA
Points will be assigned to each proposal based on the following weighted criteria:
CRITERIA MAXIMUM POINTS
1. Compliance with Request for Proposal (Mandatory) NIA
2. Capabilities and Services to be Provided 60 points
3. Qualifications and References 40 points
These weighted criteria are provided to assist Proposers in the allocation of their time and efforts
during the proposal preparation process. The criteria also guide the Evaluation Committee during the
evaluation of proposers by establishing a general framework for those deliberations.
Once the Proposals are evaluated, a "short-list" of proposers may be selected to make presentations
to the Evaluation and Selection Committee, prior to a recommendation for award. Evaluation and
Selection Committee recommendations may be based on an overall comparative ranking of the firms
(i.e. fill,) "21,, "Y, etc.).
E. DISCUSSIONS & PRESENTATIONS
The short-listed Proposers may be requested to make presentations to the Committee. The City may
require additional information after evaluation of the submittals, and Proposers agree to furnish such
information upon the City's request.
All Proposers are advised that in the event of receipt of an adequate number of proposals, which in
the opinion of the Evaluation Committee require no clarification and/or supplementary information,
such proposals may be evaluated without discussion or need for presentations. Hence, proposals
should be initially submitted on the most complete and favorable terms which offerors are capable of
offering to the City.
The Evaluation Committee may conduct discussions with any Proposer who submits an acceptable or
potentially acceptable proposal. Proposers shall be accorded fair and equal treatment with respect to
any opportunity for discussion and revision of proposals. The Evaluation Committee reserves the
right to request the Proposer to provide additional information during this process.
F. RIGHT TO REJECT PROPOSALS
To the extent permitted by applicable state and federal laws and regulations, City reserves the right to
reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the
work, and to disregard all nonconforming, non -responsive, unbalanced or conditional Proposals.
Proposals will be considered irregular and may be rejected if they show serious omissions, alterations in
form, additions not called for, conditions, unauthorized alterations, or irregularities of any kind.
City reserves the right to reject any Proposal if City believes that it would not be in its best interest to make
an award to a particular Proposer, either because the Proposal is not responsive, the Proposer is
unqualified, of doubtful financial ability, or fails to meet any other pertinent criteria established by City
within the scope of this solicitation.
VIII. PROPOSAL COPIES
Return One (1) Original and five (5) copies in an envelope marked with your firm's name and "RFP 12-12R,
Towing Services, to the City of Tamarac, Purchasing & Contracts Division, 7525 NW 88' Avenue, Tamarac,
Florida 33321, attention: Keith K. Glatz, CPPO, FCPM, Purchasing and Contracts Manager. Any addenda become
part of this Request of Proposal and the resulting agreement. The Proposal Form included herein should be
28
T02254 — Exhibit 1
Al
signed by an authorized company representative, dated and returned with the Proposal.
No negotiations, decisions or actions shall be initiated or executed by the Proposer as a result of any discussions
with any City employee. Only those communications that are issued in writing from the Purchasing & Contracts
Division may be considered as a duly authorized expression. Also, only communications from Proposers that are
signed in and in writing will be recognized by the City as duly authorized expressions on behalf of the Proposer.
CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE PURCHASING AND
CONTRACTS MANAGER OR DESIGNATED REPRESENTATIVE REGARDING THEIR REQUEST FOR
PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS.
Remainder of Page Intentionally Blank
9
�...+'f TV
SUBMITTED BY:
Company Name:
Address:
City:
Telephone:
Email:
PROPOSAL FORM
RFP 12-12R
TOWING SERVICES FRANCHISE AGREEMENT
FAX:
State:
Zip:
5
d P
NOTE: To be considered eligible for award, one (1) original copy of this proposal form must be submitted
with the Proposal.
NO BID INDICATION (IF "NO BID" IS OFFERED):
Please indicate reason(s) why a Proposal is not being submitted at this time.
Annual Required Franchise Fee: $60,000.00
Towing Rates: Towing Rates and Services shall be pursuant to the Broward County Administrative
Code Part VIII. "Categories and Maximum Fees for Recovery, Towing, Removing, Storing or
Immobilization of Vehicles on Private Property, including code sections 24.49, 24.50, 24.51, 24.527
24.53, 24.54 and 24.55, as may be amended from time to time, in effect at the time of the provision of
services.
PLEASE ATTACH A SCHEDULE FOR ANY OPTIONAL OR ADDITIONAL SERVICES OFFERED.
3
C f Tar ark a a r ..� m. € L4, �'CIS f t ,.,� i?' Il 3 Sry ��r t.gG,I -, L."." i Si f I._
COMPANY NAME: (Please Print):
Phone: Fax:
BEFORE SUBMITTING YOUR PROPOSAL, MAKE SURE YOU...
1-11. Carefully read the General Terms &Conditions, Special Conditions and the General Requirements.
1-12. Provide a Technical Proposal and Work Plan.
F-13. Include your Proposal Form, along with any additional services pricing offered (See Proposal Form).
F-14. List of Equipment and Facilities available to service this Agreement. Proposer must include an
inventory of all vehicular equipment available to remove vehicles from an incident site, including
towing vehicles, transport vehicles, extrication equipment, garage equipment, and any other
equipment necessary for the safe efficient removal and transport of vehicles from an incident site.
Proposer shall submit response time statistics for Class A and Class C tows, for the past six (6)
months, based on the proposal due date, for tows provided within ten (1 0) miles of your firm's home
base. Proposer shall provide details on its reporting capabilities, including complaint tracking
systems, and other reports that are available to the City.
F� 5. Fill out and sign the Non -Collusive Affidavit and have it properly notarized.
F16. Sign the Certification page. Failure to do so will result in your Bid being deemed non-
responsive.
FIT Fill out the Offeror's Qualification Statement and Reference Form.
F-18. Sign the Vendor Drug Free Workplace Form.
F-19. Fill out the List of Sub -Contractors or Subcontractors, if applicable.
F110. Fill out and sign the Certified Resolution.
F-1 11. Include your most recent audited Financial Statements.
F112. Include proof of insurance.
F-1 13. Provide any additional documentation requested within the Proposal Document.
F-1 14. Submit ONE (1) Original AND the number of copies requested in the Proposal Instructions.
Clearly mark the sealed container with the PROPOSAL NUMBER AND PROPOSAL NAME on
the outside of the package.
Make sure your Proposal is submitted PRIOR to the deadline.
Late Proposals will not be accepted.
Failure to provide the requested attachments may result in your proposal
being deemed non -responsive.
THIS SHOULD BE THE FIRST PAGE OF YOUR PROPOSAL.
31
3,r . �` ' f �•. '��'. �' �':< ¢'3 x i-"'':3 "'` i r � 1 �.,✓��' 9 F Q>' � i� ` '`.{ £ ` t-7.�... ..3 s...� f, ? < : �, ,, —. � p'"w,� s t ! � G.t d '` iY}
i,.J f i. �r ..,! s T £.,.I t r �., C E:.r .., £,v� ! t,s . rF v < w.y i t ;..� C,F � � L-a i.,f's .� E �� el �i-� w s D s if s, � ' �...< < f
REFERENCES
Please list government agencies and/or private firms with whom you have done business during the last
five years:
Your Company Name
Address
City State Zip
Phone/Fax
E-mail
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
32
CERTIFICATION
THIS DOCUMENT MUST BE SUBMITTED WITH THE PROPOSAL
We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid.
We (1) certify that we(I) have read the entire document, including the Scope of Work, Additional
Requirements, Supplemental Attachments, Instructions to Proposers, Terms and Conditions, and any
addenda issued. We agree to comply with all of the requirements of the entire Request for Proposals.
Indicate which type of organization below:
INDIVIDUAL ❑
PARTNERSHIP ❑
If "Other", Explain:
Authorized Signature
Typed/Printed Name
Telephone
Fax
Email address for above signer (if any)
CORPORATION [-] OTHER [-]
Company Name
Address
City, State, ZIP
Federal Tax ID Number
33
r)1" _E!f >f�, pjr 6gg, SpIC.)��:
?... sLt i:-Ya&c.F d..a's Yet •w�;k.!
CERTIFIED RESOLUTION
I, (Name), the duly elected Secretary of
(Corporate Title), a corporation organized and existing under the laws of the State of
, do hereby certify that the following Resolution was unanimously adopted and
passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and
the by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT (Name)", the duly elected
(Title of Officer) of
(Corporate Title) be and is hereby authorized to execute and submit a Bid
and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may
be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed
by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the
names and signatures of those authorized to act by the foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be
indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or
growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so
certified.
I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded.
I further certify that the following are the name, titles and official signatures of those persons authorized to act
by the foregoing resolution.
NAME
HAW9
Given under my hand and the Seal of the said corporation this
(SEAL)
NOTE:
SIGNATURE
day of , 20
Secretary
Corporate Title
The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed
explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac
that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the
corporation to do so in its behalf.
34
i._^ ! e �* Y a 4
a.,.� x C r x d 3 x 7" -•.. d'w°!'-
OFFEROR'S QUALIFICATION STATEMENT
The undersigned certifies under oath the truth and correctness of all statements and of all answers to
questions made hereinafter:
SUBMITTED TO:
Submitted By:
Name:
Address:
City, State, Zip
Telephone No.
Fax No.
City of Tamarac
Purchasing and Contracts Manager
7525 NW 88th Avenue
Tamarac, Florida 33321
Check One
❑ Corporation
❑ Partnership
❑ Individual
❑ Other
State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under
which you do business and the address of the place of business.
The correct name of the Offeror is:
The address of the principal place of business is:
1. If Offeror is a corporation, answer the following:
8) Date of Incorporation:
b) State of Incorporation:
C) Presidents
d) Vice Presidents name:
G) Secretary's name:
f) Treasurer's name:
g) Name and address of Resident Agent:
35
,I�-m
a .,,,eC. a.
Erb }+..
J-
s../wy...s Division
2.
If Offeror is an individual
or a partnership,
answer the following:
h� Date of organization:
I) Name, address and ownership units of all partners:
j� State whether general or limited partnership:
3. If Offeror is other than an individual, corporation or partnership, describe the organization and give the
name and address of principals:
4. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious
Name Statute.
5. How many years has your organization been in business under its present business name?
a) Under what other former names has your organization operated?
6. Indicate registration, license numbers or certificate numbers for the businesses or professions, which
are the subject of this Bid. Please attach certificate of competency and/or state registration.
7.
E'01
Do you have a complete set of documents, including drawings and addenda?
[:1 YES ❑ NO
Did you attend the Pre -Proposal Conference if any such conference was held?
❑ YES ❑ NO
36
1 Y $ 1 ^BLS.. s. & Div'
9. Have you ever failed to complete any work awarded to you? If so, state when, where and why:
10. State the names, telephone numbers and last known addresses of three (3) owners, individuals or
representatives of owners with the most knowledge of work which you have performed and to which you
refer (government owners are preferred as references).
Name
Address
Telephone
11. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if
necessary).
12. State the name of the individual(s) who will have personal supervision of the work:
13. State the names and addresses of all businesses and/or individuals who own an interest of more than
five percent (5%) of the Offeror's business and indicate the percentage owned of each such business
and/or individual:
14. State the names, addresses and the type of business of all firms that are partially or wholly owned by
Offeror:
15. State the name of Surety Company which will be providing the bond, and name and address of agent:
16. Bank References:
Address
37
Telephone
��: O ��,.���'x'ss�'iiadcr�' �t 3�6i�,�?��.�:
17. List below and identify the address, telephone number, and capacity (inside and outside storage) of the
Principal and any Subsidiary Compounds proposed for the contract. (use additional sheets if necessary)
18. List below the equipment, including type, year, and condition, that you propose for the contract. (use
additional sheets of necessary)
19. Do you have any interest in an automotive or truck repair, paint and body, salvage, junkyard, or re -cycling
business?
Yes No If Yes, explain details including name, address and relationship to Proposer
below:
20. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than
ten percent (10%) interest:
a. List all pending lawsuits
proposed for the contract;
b. List all pending lawsuits
proposed for the contract
which are concerned directly with the staff or part of your organization
which are concerned directly with the staff or part of your organization
21. Attach a financial statement including Proposer's latest balance sheet and income statement showing
3
Ufq
»,'-.,,.„„,,..,,t .,»»,..,»».. 8..»».y».,....t,.«,«,.....,..........................M......»»..,.»»»»»»»»»»».............,.,.,.,., ...... L 1 1 1 z�f p ^� �, } f �3 f. f r .� d. yi`�`" ¢ {, s f"` �r A
{,.r ....»»»....».................,..........,»...,...�.»»-........»..,.,.»,.»..»......,,.,..............,....,..........,.....,,»..w.,.,..».....,....»»....,...,».........,,..,»»»..» � �, e�� f � L:%,..-.... �.. � . � � �. � � t £ t i�,� �a Sr �ti", 3 Yr d t..� � t,..�� `,,.-.
the following items:
a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued
income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures,
inventory and prepaid expenses):
b) Net Fixed Assets
C) Other Assets
d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for
income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll
taxes).
e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values,
earned surplus, and retained earnings).
22. State the name of the firm preparing the financial statement and date thereof:
23. Is this financial statement for the identical organization named on page one?
❑ YES ❑ NO
24. If not, explain the relationship and financial responsibility of the organization whose financial statement
is provided (e.g., parent -subsidiary).
3
The Offeror acknowledges and understands that the information contained in response to this Qualification
Statement shall be relied upon by owner in awarding the contract and such information is warranted by Offeror
to be true. The discovery of any omission or misstatement that materially affects the Offeror's qualifications to
perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and
terminate the award and/or contract.
Signature
ACKNOWLEDGEMENT
OFFEROR'S QUALIFICATION STATEMENT
State of
County of
On this the day of , 20 , before me,
the undersigned Notary Public of the State of Florida, personally appeared
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they
executed it.
WITNESS my hand and official seal.
NOTARY PUBLIC, STATE OF FLORIDA
NOTARY PUBLIC
SEAL OF OFFICE:
NON -COLLUSIVE AFFIDAVIT
State of )
)ss.
County of }
1. He/she is the
(Name of Notary Public: Print,
Stamp or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or
❑ DID NOT take an oath
being first duly sworn deposes and says that:
(Owner, Partner, Officer,
40
e »n»»» � �a_.._»_»»»»..µ.,........» .......................»...,..» »....»».. k / g 3 a /` s ^"a ` d" s e s-r.. �-� g s i I.r-
�.13s i -i' A Y��. ��.�, x ���.s'i. 8. `��n ;: �a t'f.,F i.,..r1.�3 1t'E:�ti+�c� Di�Fe�„i �i.F rl
Representative or Agent) of , the Offeror that
has submitted the attached Proposal;
2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all
pertinent circumstances respecting such Proposal;
3. Such Proposal is genuine and is not a collusive or sham Proposal;
4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees
or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed,
directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in
connection with the Work for which the attached Proposal has been submitted; or to refrain from
bidding in connection with such Work; or have in any manner, directly or indirectly, sought by
agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the
price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost
elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any
collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any
person interested in the proposed Work;
5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its
agents, representatives, owners, employees or parties in interest, including this affiant.
Signed, sealed and delivered in the presence of:
go
Witness
Witness
Printed Name
Title
d.....,.
..Sy,»......wi.i
.{....f».�.Y{.».m%wr.. w.5L.am.:.....w..+..........»».....,...w....ww+.ww»........,.......,.....,.,........«....,.»»........�.......».....,.....+.»......
.,............................w.:...w.....»....r.r....n
Theof Your We
w�.....................
t...........gl...\.........»».. . ».......f.A.
...+.........�.......+....
,.Y.w. .# ..4.+».
!..«. 4. j ..d...�*,..�..»...
..w..... ......
w....ww..1wwY w�...,...i..............«..
...�.L,... .l...wSpp
,.<,,l
...�...�.�...,(4»ma
.»A.
ACKNOWLEDGMENT
State of Florida
County of
On this the day of
of Florida, personally appeared
NON -COLLUSIVE AFFIDAVIT
, 20 , before me, the undersigned Notary Public of the State
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they
executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
! CN s r _�....o °�s a NB a,�f', �� Aa ,Ic
VENDOR DRUG -FREE WORKPLACE
Preference may be given to vendors submitting a certification with their bid/proposal certifying they have
a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all
public entities of the State and becomes effective January 1, 1991. The special condition is as follows:
IDENTICAL TIE PROPOSALS - Preference may be given to businesses with drug -free workplace
programs. Whenever two or more proposals that are equal with respect to price, quality, and service are
received by the State or by any political subdivision for the procurement of commodities or contractual
services, a bid received from a business that certifies that it has implemented a drug -free workplace
program shall be given preference in the award process. Established procedures for processing tie
proposals will be followed if none of the tied vendors have a drug -free workplace program. In order to
have a drug -free workplace program, a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions
that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid
a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on
the commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of chapter 893 or of any controlled substance law of the United States or any state, for a
violation occurring in the workplace no later that five (5) days after each conviction.
5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee who is so
convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this
section. As the person authorized to sign the statement, I certify that this form complies fully with the
above requirements.
Authorized Signature
3
Company Name
t' F t ..q� b �.. .?� ., i y 5�., - X i.,t ti. # l w< C)1 0 'L,.., �,.v L r$ VC.. `.+ } c. s, f ,¢ l ..�..� < ( CMITIAYMM
i F i ° i i d Y f ,i
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER
AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Contract No.
to the City of Tamarac for
2. This sworn statement is submitted by
(Name of entity submitting sworn statement)
Federal Employer Identification Number (FEIN)
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement:
3. My name is
(Print name of individual signing)
My relationship to the entity named above is
4. 1 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,
any lease for real property, or any contract for the construction or repair of a public building or public
work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
5. 1 understand that "convicted" or "conviction" as defined in Paragraph 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 trial 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 entity of a plea of guilt or nolo
contendere.
6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
a. A predecessor or successor of a person convicted of a public entity crime: or
b. An 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, executives, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The owner 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
market value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who has been convicted of a public entity crime in Florida
during the preceding 36 months shall be considered an affiliate.
44
f I' 2�kiw f f r.�lli .
7. 1 understand that a "person" as defined in Paragraph 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 led by a public
entity or which otherwise transacts or applies to transact business with a public entity. The term
"person" includes those officers, directors, executives, partners, shareholders, employees, members
and agents who are active in management of an entity.
8. Based on information and belief, the statement, which I have marked below, is true in relation to the
entity submitting this sworn statement. (Please indicate which statement applies.)
F-1 Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of
the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime
after July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of
the entity or an affiliate of the entity was charged with and convicted of a public entity crime
after July 1, 1989.
F-1 The entity submitting this sworn statement, or one of its officers, director, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity,
or the 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 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 (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.
(Signature)
(Date)
5
ACKNOWLEDGMENT
State of Florida
County of
}'Y
,»� � t € i �
#� 4F i
On this the day of , 20 , before me, the undersigned Notary Public of the State of
Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they
executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
46
AGREEMENT
AA 4:I14I
THE CITY OF TAMARAC
AND
TOWING SERVICES FRANCHISE AGREEMENT
.
TABLE OF CONTENTS
AGREEMENT.......................................................................................................1
ARTICLE 1. TOWING, WRECKER AND STORAGE SERVICE .......................2
ARTICLE2. DEFINITIONS...............................................................................2
ARTICLE 3. GRANT OF FRANCHISE..............................................................3
ARTICLE 4. FRANCHISE PAYMENT...............................................................3
ARTICLE5. TERM............................................................................................3
ARTICLE 6. SCOPE OF SERVICES.................................................................3
ARTICLE 7. BOOKS AND RECORDS..............................................................4
ARTICLE 8. COSTS OF SERVICES TO THE PUBLIC.....................................5
ARTICLE 9. MAINTENANCE OF ABILITY........................................................5
ARTICLE 10. TERMINATION.............................................................................5
ARTICLE 11. AUTHORITY TO ACT...................................................................6
ARTICLE 12. PERFORMANCE BOND/LETTER OF CREDIT ............................6
ARTICLE 13. CUSTOMER REQUIREMENTS....................................................6
ARTICLE14. INSURANCE.................................................................................7
ARTICLE 15. INDEMNIFICATION......................................................................8
ARTICLE 16. NON-DISCRIMINATION..............................................................8
ARTICLE17. LOCAL OFFICE............................................................................8
ARTICLE 18. PERFORMANCE BASED CONTRACTING, PERFORMANCE
GUARANTEES AND CUSTOMER COMPLAINT TRACKING ..............................9
ARTICLE19. NOTICE......................................................................................10
ARTICLE 20. UNCONTROLLABLE FORCES..................................................11
ARTICLE 21. MISCELLANEOUS PROVISIONS..............................................11
ARTICLE 22. ASSIGNMENT............................................................................11
ARTICLE 23. MERGER; AMENDMENT..........................................................12
ARTICLE 24. NO CONSTRUCTION AGAINST DRAFTING PARTY ...............12
FORM AGREEMENT FOR TOWING, WRECKER AND STORAGE SERVICES
BETWEEN THE CITY OF TAMARAC
AND
THIS AGREEMENT is made and entered into this day of , 20 , by and between
the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac,
FL 33321 (the "City") and , a corporation with principal offices located at (the "Contractor") to
provide the exclusive franchise rights for all towing services required by the City or by the Broward Sheriff's
Office (BSO) acting on behalf of the City.
WITNESSETH:
WHEREAS, CONTRACTOR has maintained a high level of professional towing wrecker and storage
service for the benefit of the citizenry thereof; and
WHEREAS, the CITY is desirous of maintaining the high level of competent, professional towing,
wrecker and storage service in conjunction and harmony with its fiscal policies of sound, economic
management; and
WHEREAS, CONTRACTOR has agreed to render to the CITY a high level of professional towing,
wrecker and storage service and the CITY is desirous of contracting for such services upon the terms and
conditions hereinafter set forth.
NOW THEREFORE, in consideration of the sums hereinafter set forth and for the other good and
valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, it is hereby agreed
as follows:
ARTICLE 1. TOWING, WRECKER AND STORAGE SERVICE
CONTRACTOR shall provide to CITY for the term hereinafter set forth, as the same may be extended
in accordance with the provisions hereof, competent professional towing, wrecker and storage service within
and throughout the corporate limits of the CITY to the extent and in the manner hereinafter described.
ARTICLE 2. DEFINITIONS
For the purposes of this Agreement, the following terms shall have the respective meanings
hereinafter set forth:
2.1 Broward Sheriff's Office (BSO): shall mean the Broward Sheriff's Office the official law enforcement
agency of the City of Tamarac, Florida.
2.2 Performance Bond: shall mean the form of security approved by the City and furnished by
CONTRACTOR as a guarantee that CONTRACTOR will execute the work in accordance with the
terms of the agreement and will pay lawful claims.
2.3 Project Manager: shall mean the Fleet Supervisor for the City of Tamarac Department of Public
Services, Public Works Division.
2.4 Scope of Work: shall mean the work under this agreement shall consist of the supervision, materials,
equipment, labor and all other items necessary to complete said work.
2.5 Service Area: City limits of the City of Tamarac.
2
uC. r si d and ContractsLID"I t si r i
2.6 Service: shall mean comprehensive towing, wrecker and storage service provided each day of the
year on a twenty-four (24) hour per day basis.
ARTICLE 3. GRANT OF FRANCHISE
In consideration of CONTRACTOR's performance hereunder and in compliance with the covenants
and conditions set forth herein and in the ordinances and regulations of the CITY governing towing, wrecker
and storage services, the CITY hereby grants to CONTRACTOR the right pursuant to Article 7.19 of the City's
Charter to use the public streets, alleys, thoroughfares within the corporate limits of the CITY for the purpose
of engaging in the business of towing, wrecker and storage services for commercial, residential and City
customers located within the corporate limits of the CITY pursuant to the terms of this Agreement, but not
otherwise.
ARTICLE 4. FRANCHISE PAYMENT
4.1 In consideration of the grant contained in Article 3 hereof, CONTRACTOR agrees to pay CITY as
compensation for the right to use its streets, alleys and thoroughfares an amount ("Street User Fee")
of Sixty Thousand Dollars and no Cents ($60,000.00) which shall be payable by four equal quarterly
payments as invoiced by the City. Payments shall be made in advance and shall be due on the first
business day of the contract quarter. If franchise fees are delinquent, a late charge of $50.00 shall be
applied in addition to interest at the highest rate allowed by current State Statute. If franchise fee
payments are more than twenty (20) days late, contractor is subject to suspension or cancellation at
the City's sole option.
4.2 The first payment shall be due at the time of execution of the Agreement and subsequent payments
are due on the first day of each quarter thereafter.
4.3 The franchise fee shall be adjusted by a percentage equal to any percentage change to Item 1,
"Towing" of Section 24.50 of the Broward County Administrative Code, Part VIII. "Categories and
Maximum Fees for Recovery, Towing, Removing, Storing or Immobilization of Vehicles on Private
Property.
4.4 Any revised franchise fee will be effective on the effective date of any adjustment to Section 24.50 of
the Broward County Administrative Code, Part VIII. "Categories and Maximum Fees for Recovery,
Towing, Removing, Storing or Immobilization of Vehicles on Private Property.
ARTICLE 5. TERM
5.1 Agreement Term: the term of this agreement shall be for a five (5) year period commencing on and
including July 1, 2012 and expiring on June 30, 2017.
5.2 Option/Extension: CITY shall have the option to extend the term of this agreement on a month -to -
month basis on thirty (30) days written notice.
5.3 Renewal Term: this agreement shall be renewable by agreement of both parties for One (1) additional
five (5) year period. This option is available at the sole discretion of the CITY, and if exercised by the
CITY, CONTRACTOR shall be required to provide the same services upon the same terms and
conditions for the extended agreement term; however, the CITY and CONTRACTOR may negotiate
adjusted Franchise Fee payments at the time of renewal. CITY shall not have any obligation to
exercise this option.
ARTICLE 6. SCOPE OF SERVICES
6.1 CONTRACTOR shall comply with the requirements and proposal specifications as enumerated in
Request for Proposal # 12-12R incorporated herein and made a part hereof as if set forth in full
incorporated herein by reference, and as seen in this Agreement and attached exhibits.
3
J
6.2 CONTRACTOR shall have a non-exclusive franchise to provide in accordance with instructions
received from CITY, towing, wrecker and storage service within the City limits of the City of Tamarac
from the date of the agreement for period of five (5) years with an option to renew for an additional five
year period.
6.3 CONTRACTOR agrees to provide employees and sufficient equipment for immediate response to
calls for service, seven days a week, 24 hours a day.
6.4 An authorized representative of CITY shall request the services of CONTRACTOR whenever towing,
wrecker and storage service is required in a situation where the owner of the motor vehicle involved
did not specify or instruct CITY to telephone or order service from a specific towing or wrecker
service; or where the use of CONTRACTOR is deemed to be in the best interest of the CITY.
6.5 However, in the event that CONTRACTOR, in the opinion of and within discretion of the CITY,
does not have available the necessary equipment to provide the service required at a particular
time or place, City may, at its sole discretion call upon another towing or wrecker service to
provide a part of or all of the equipment required in any particular circumstance. If
CONTRACTOR is not given the first opportunity to respond, upon CONTRACTOR's request, the
CITY shall provide to CONTRACTOR a written memorandum setting forth the reason why
CONTRACTOR's services were not utilized.
6.6 Further, in the event that CONTRACTOR does not provide service within the thirty (30) minute time
frame for Class A and B tows, or forty-five (45) minute timeframe for Class C & D tows, following the
request by CITY, then, CITY may at its discretion call upon another towing or wrecker service to
provide the service required.
6.7 In the event that CONTRACTOR cannot by reason of equipment failure or other reason respond
adequately to CITY's needs, it shall be the responsibility of CONTRACTOR to advise the CITY
immediately and to further advise CITY of the terms of CONTRACTOR's inability to provide adequate
service so that CITY may call upon another wrecker or towing service during this period.
6.8 CONTRACTOR agrees to maintain at all times modern, updated equipment capable of meeting all the
needs of CITY in connection with the terms of this agreement and further, CONTRACTOR agrees that
the said equipment shall, in addition to the specifications and requirements set forth in the attached
Exhibit " " incorporated herein and made a part hereof as if set forth in full, also be staffed by well
trained and courteous personnel. All equipment purchases and maintenance shall be at
CONTRACTOR's expense. Failure to maintain the equipment will be considered a material breach of
this agreement.
6.9 CONTRACTOR shall be familiar with and shall be responsible for complying with all Federal, State
and Local laws, ordinances, rules and regulations that in any manner govern CONTRACTOR's
operation.
6.10 CONTRACTOR agrees to provide and furnish any and all information requested by any Broward
County law enforcement agency.
6.11 CONTRACTOR agrees that upon arrival at any accident scene, the tow truck operators will remove
from the site any hazardous debris, spilled petroleum products or volatile items unless directed
otherwise by the fire department or law enforcement agency.
ARTICLE 7. BOOKS AND RECORDS
7.1 CONTRACTOR shall maintain during the term of the contract all books, reports and records in
accordance with generally accepted accounting practices and standards for records directly related to
this contract. The form of all records and reports shall be subject to the approval of the City's Director
of Financial Services or designee. The Contractor agrees to make available to the Director of
Financial Services or designee, during normal business hours and in Broward, Dade or Palm Beach
Counties, all books of account, reports and records relating to this contract for the duration of the
contract and retain them for a minimum period of two (2) years beyond the last day of the contract
term.
0
i 4. t irc F F a s ,,; nQ a2 }}. c'f pro 1 f i "`' r'"' # # tP ' )` ? iy
7.2 CONTRACTOR agrees to submit its trucks and equipment and records related to the City of
Tamarac for inspection by CITY at any reasonable time set forth in CITY's request so as to insure
compliance with all the terms of this agreement.
ARTICLE 8. COST OF SERVICES TO THE PUBLIC
8.1 CONTRACTOR charges and fees for towing, wrecker and storage and wrecker service rendered
within the City limits of the City of Tamarac in connection with this provision of the agreement shall be
as established by the Broward County Administrative Code, Part VI I I. "Categories and Maximum Fees
for Recovery, Towing, Removing, Storing or Immobilization of Vehicles on Private Property, including
code sections 24.49, 24.50, 24.519 24.529 24.53, 24.54 and 24.55, as may be amended from time to
time, in effect at the time of the provision of services.
8.2 Rates may only be adjusted pursuant to a formal action taken by the Broward County Commission, by
formal resolution, which amends the Broward County Administrative Code.
8.3 Rate adjustments shall become effective on the date provided for pursuant to the effective date
established by the Broward County Commission action.
8.4 Any proposed fees for additional services shall be submitted in writing and approved by the City prior
to implementation.
ARTICLE 9. MAINTENANCE OF ABILITY
9.1 CONTRACTOR shall furnish to and maintain for the benefit of the CITY, within the cost of the
agreement therefore, all necessary labor, supervision, equipment, vehicles, communications facilities
and supplies necessary and proper for the purpose of performing the services duties and
responsibilities set forth and contemplated herein and as necessary to maintain the level of service to
be rendered hereunder.
9.2 It is expressly understood by and between the parties to this agreement that CITY is a municipal
corporation and this agreement relates to the provision to the City of service that clearly affects the
health and welfare of the citizens of the CITY OF TAMARAC. The provision of towing, wrecker and
storage service is further clearly related to the maintenance of the CITY's vehicles and the safety of
the streets and thoroughfares of CITY.
ARTICLE 10. TERMINATION
10.1 Termination for Cause
By virtue of the extraordinary nature of the CITY's obligation, and by virtue of the unusual nature of
the obligations being dealt with in this Agreement, it is understood and acknowledged by
CONTRACTOR that this Agreement may be terminated by CITY administration immediately at any
time that it becomes apparent to CITY that CONTRACTOR does not have the facilities and
capabilities of performing in accordance with the terms and requirements of this Agreement. For the
purpose of this Agreement and this section of the Agreement, these terms include not only the terms
set forth in this Agreement, but also the terms of Exhibits _ and _, and such additional or other terms
and requirements, as may from time to time during the course of this Agreement be imposed by CITY
and agreed to by CONTRACTOR in order to insure the adequate provision of towing, wrecker and
storage service to CITY.
It is further understood
and
agreed that
CONTRACTOR does hereby release CITY from any claim for any
damages of any kind in
the
event of the
cancellation of this Agreement by CITY.
10.2 Termination for Convenience of City
This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice
by the City to the Successful Offeror for such termination in which event the Successful Offeror shall
5
Ap oi Mchi' c Pur ., fed s l2g `: nq,' Con t,` ac s DA/l sl r
be paid its compensation for services performed to termination date, including services reasonably
related to termination. In the event that the Successful Offeror abandons this Agreement or causes it
to be terminated, the Successful Offeror shall indemnify the city against loss pertaining to this
termination.
10.3 Agreement Subject to Funding
As applicable, this agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac
in the annual budget for each fiscal year of this Agreement, and is subject to termination based on
lack of funding.
ARTICLE 11. AUTHORITY TO ACT
11.1 CONTRACTOR agrees not to undertake any repairs to remove any part or parts from any vehicle
towed or stored pursuant to the provisions herein without first obtaining permission in writing from the
owner or person entitled to lawful possession to complete same.
11.2 Personal property in any vehicle stored by CONTRACTOR shall not be disposed of to defray any
charges for towing, wrecker and storage of vehicles without a court order; however, if no claim is
made for the property after a reasonable period of time, CONTRACTOR may dispose of property in
accordance with Florida Statute 713.
11.3 CITY reserves the right to cancel the request for services of CONTRACTOR at any time, including up
to the time of hook-up. CONTRACTOR agrees that the mere response to a service call scene without
other actions does not constitute a service call for which charges are applicable.
11.4 Any vehicle not claimed by the owner within thirty (30) days shall be reported in writing to BSO,
Tamarac District VII in accordance with Florida Statute 713.
11.5 Owner or authorized agent of owner of vehicle shall be allowed to remove personal, unattached
property from vehicle at CONTRACTOR's storage yard at no additional charge.
11.6 CONTRACTOR agrees to be licensed and certified by all appropriate State, County and local
agencies.
ARTICLE 12. PERFORMANCE BOND/LETTER OF CREDIT
12.1 CONTRACTOR shall furnish to CITY as of the date of this Agreement, with a Performance Bond in
the amount of $10,000.00 payable to the City of Tamarac. The security shall be in a form acceptable
to the City's Risk Manager, and shall be for the term of this Agreement. The security shall be
furnished to CITY by CONTRACTOR within fifteen (15) days of the date of execution of this
Agreement and identified as Exhibit "_". Without limiting any other indemnification provisions herein,
said security shall indemnify the CITY against any loss, expense, cost, or damage resulting from any
default by CONTRACTOR hereinafter or any failure of performance by CONTRACTOR. The
performance bond shall contain a sixty-(60) day cancellation notice provision for notification to the
CITY.
12.2 CONTRACTOR shall further provide CITY with a $2,000 cash bond as delineated in this agreement
and attached as Exhibit " ". Said bond is to be held in escrow during the term of this agreement to
insure that CONTRACTOR provides a prompt response to request services. The following penalties
shall apply to the contractor for failure to respond within the required time frame during any
consecutive twelve (12) month period:
A. First three offenses: Notification of failure through Certified Letter.
B. Fourth Offense: $250.00 fine.
C. Fifth Offense: $350.00 fine or suspension, at the City's option.
D. Any further offense: $500.00 fine, suspension, or termination, at the City's option.
0
A«.� ..2...` .. a e .�'� �"8 r �� } n, �� l' -.. ti f i fi k t, 4 i
Y f k r-yn � ,,.,, Y 8 3 .,F �... - : �c'r 'i ! 7 o { eo sY + PG, .. -^} ! _ ..... -
12.3 CONTRACTOR shall replenish the cash bond each time a portion of it is forfeited. The CITY agrees to
return the balance of the cash bond to CONTRACTOR within 30 days of expiration of this agreement.
ARTICLE 13. CUSTOMER REQUIREMENTS
13.1 Before an impounded vehicle is claimed by the owner or person lawfully entitled to possession,
CONTRACTOR will provide such person with an itemized statement of all charges for towing, wrecker
and storage of the vehicle. Before receiving payment, CONTRACTOR, its agents, employees or
assigns, will prepare an invoice in duplicate, containing the following information:
1. Name and address of the vehicle owner and/or person engaging CONTRACTOR
2. License number of vehicle.
3. Motor Vehicle Identification Number.
4. Personal property recovered and returned to the owner of the vehicle or person
lawfully entitled to its possession.
5. Make, year, model color of vehicle(s) towed and/or stored.
6. Date and time vehicle towed.
7. Name of tow operator that completed the tow.
8. Date of Release.
13.2 CONTRACTOR shall retain a duplicate copy of such invoice and shall produce same upon demand of
CITY or its representative.
13.3 CITY will not be responsible for the collection of any charges owed to CONTRACTOR.
13.4 CONTRACTOR shall keep a log of the number and type of calls handled under this agreement. The
log shall contain the date the vehicle is towed, the make, model, license plate, if known, the VIN
number, name and address of the owner or driver, release date, and charges for same.
13.5 CONTRACTOR agrees that its liability for a towed vehicle and all personal property contained therein
will commence with the hook up of the vehicle to the tow truck. CONTRACTOR will have his
employee, representative, or agent inventory jointly with a law enforcement officer or owner of the
vehicle all personal property contained in the vehicle. This record should be produced in triplicate, one
copy to be maintained by CONTRACTOR, one copy for the law enforcement agency and one copy to
be given to the owner of the vehicle. CONTRACTOR will be solely liable and responsible to the owner
or legal entity to lawful possession, for all personal property in any vehicle towed under this
agreement.
ARTICLE 14. INSURANCE
14.1 Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as
specified in the original bid or proposal document or as required by the City's Risk and Safety
Manager before beginning work under this Agreement including, but not limited to, Workers'
Compensation, Commercial General Liability, Commercial Automotive liability and all other insurance
as required by the City. Contractor shall maintain such insurance in full force and effect during the life
of this Agreement. Contractor shall provide to the City's Risk and Safety Manager Certificates of all
insurances required under this section prior to beginning any work under this Agreement. The
Contractor will ensure that all subcontractors comply with the above guidelines and will retain all
necessary insurance in force throughout the term of this agreement.
14.2 CONTRACTOR shall purchase and maintain, in full force and effect for the life of this Agreement, at
CONTRACTOR's sole expense the following required insurance policies:
A. Garage keeper's Legal Liability policy with minimum combined single limit coverage of
$75,000 for bodily injury and property damage.
7
B. Garage Liability policy with minimum combined single limit coverage of $500,000 for bodily
injury and property damage.
14.3 Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the
Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be
endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all
deductibles and self-insurance retentions on Contractor's Liability Insurance policies.
14.3 CONTRACTOR shall not be able to cancel any policy without sixty-(60) days prior written notice to
CITY. CONTRACTOR's carrier must put the CITY on notice of any lapsed policy, in writing, at the
same time they put CONTRACTOR on notice.
14.4 CONTRACTOR shall provide the CITY with a copy of the respective policies of insurance required
hereunder and renewals thereof, to be delivered to the CITY before commencement of this
agreement.
ARTICLE 15. INDEMNIFICATION
15.1 GENERAL INDEMNIFICATION: Contractor shall, in addition to any other obligation to indemnify the
City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City,
their agents, elected officials and employees from and against all claims, actions, liabilities, losses
(including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness,
disease or death, or injury to or destruction of tangible property including the loss of use resulting
therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole
or in part from any actual or alleged act or omission of the Contractor, any sub -Contractor, anyone
directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in
the performance of the Work; or b). violation of law, statute, ordinance, governmental administration
order, rule, regulation, or infringement of patent rights by Contractor in the performance of the Work;
or c). liens, claims or actions made by the Contractor or any sub -Contractor under workers
compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost
of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne
by the Contractor.
15.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event
of termination of this Agreement for any reason, the terms and conditions of this Article shall survive
indefinitely.
15.3 The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever
in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's
fees (including appellate attorney's fees) and costs.
15.4 City reserves the right to select its own legal counsel to conduct any defense in any such proceeding
and all costs and fees associated therewith shall be the responsibility of Contractor under the
indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive
City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to
time.
r"\ .tv f n r
rac
a
ARTICLE 16, NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT
During the performance of the Contract, the Contractor shall not discriminate against any employee or
applicant for employment because of race, color, sex, religion, age, national origin, marital status,
political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take
affirmative action to ensure that employees are treated during employment, without regard to their
race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual
orientation, or disability if qualified. Such actions must include, but not be limited to, the following:
employment, promotion; 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 shall agree 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. The Contractor further agrees that he/she will ensure that
Sub -Contractors, if any, will be made aware of and will comply with this nondiscrimination clause.
ARTICLE 17. LOCAL OFFICE
17.1 CONTRACTOR shall maintain a storage facility of sufficient size and capability to accommodate
wrecked and abandoned vehicle to be removed from the CITY during the period of this Agreement.
17.2 CONTRACTOR will make available adequate personnel to staff the storage compound from the hours
of 7:00 a.m. to 7:00 p.m. Monday through Sunday for the purpose of releasing vehicles to the owners.
CONTRACTOR further agrees to provide on call personnel to release vehicles on a twenty-four (24)
hour basis each day per year.
17.3 All property used for storage of vehicles shall be completely enclosed by at least a 6 foot high fence
screened from view to discourage theft of any vehicle or property stored within.
17.4 CONTRACTOR agrees to furnish inside storage for all vehicles, which are of a body type or of a
condition, which is such that inclement weather could result in damage.
17.5 CONTRACTOR agrees not to change the location of the storage facility without written permission of
the City of Tamarac.
17.6 Law enforcement agencies will be permitted to inspect the compound, vehicles and personal property
when it is deemed reasonable and necessary.
17.7 CONTRACTOR shall maintain a local office or authorized managing agent within Broward County and
shall designate in writing within ten (10) days of execution of this Agreement the agent upon whom all
notices may be served from CITY. Service upon CONTRACTOR Is agent shall always constitute
service upon CONTRACTOR.
17.8
CONTRACTOR's storage facility is located at _
changed without the written approval by CITY.
. This location may not be
17.9 CONTRACTOR's local office shall be open during regular business hours so that customers can
request information, lodge a complaint, or request service. At a minimum, CONTRACTOR shall be
available during the hours specified in Section 16.2 above.
ARTICLE 18. PERFORMANCE BASED CONTRACTING, PERFORMANCE GUARANTEES &
CUSTOMER COMPLAINT TRACKING
18.1 PERFORMANCE BASED CONTRACTING: SATISFACTORY PERFORMANCE REQUIRED
The City of Tamarac) has embraced the concept of Performance Based Contracting. Under
this model of Performance Based Contracting, the City desires to enter into a partnering
agreement with the successful contractor. A partnering agreement is an agreement that
provides mutual benefits for both the City and the successful Contractor.
18.2 Specific provisions for a Performance Based Contract are as follows:
E
I Mi' + s' r f\ �itlu-fir s �)�,� F� � �f¢1s# � t,`�� s'
v,, gg fS' 5
18.2.1 Contractor shall successfully adhere to the requirements of this Agreement and
successful completion of all tasks required under the specifications in a manner
which is acceptable to the City.
18.2.2 Semi -Annual Performance Review: At its sole discretion, the City may conduct
periodic performance reviews of the Contractor. The frequency of said reviews will
not exceed two (2) per year. Criteria to be evaluated will consist of, but not be
limited to, performance guarantees listed herein, response times, complaints
received, care and custody of vehicles and owner's possessions, condition of
facilities and equipment, extent and clarity of records, and conduct of management
and personnel. Within thirty (30) days of the issuance of the results of a review,
Contractor may respond to the City in writing and the parties shall meet to discuss
the review and other pertinent subjects. A final report which shall include any
"Contract Report Card" used by the City, which will enumerate the results of the
review, by stakeholders, the Contractor's written response, and a summary of the
semi-annual review meeting which will be prepared by City Staff, with a copy sent to
the Contractor.
18.2.3 Contract Report Card: The City may utilize a "Contract Report Card" as a means of
performing the semi-annual reviews. The City shall request contract stakeholders to
serve on an evaluation panel during the contract term. The stakeholders shall
include, but not be limited to City of Tamarac employees and employees assigned to
the Tamarac District by the Broward Sheriff's Office. Each stakeholder will evaluate
the Contractor using a "Contract Report Card" evaluation document, which will
survey the Contractor's level of service. Evaluation criteria for the "Contract Report
Card" will be developed by the City, with input from the Contractor.
18.3 Contractor performance on performance reviews will be an important consideration in
determination of an extension term.
18.4 PERFORMANCE GUARANTEES
As a part of this Agreement, the successful Contractor shall agree to maintain the following
level of performance:
18.4.1 The successful Contractor shall provide a level of service which shall lead to optimal
agency satisfaction. Complaints, including but not limited to poor service,
unacceptable follow-up, disputes relating to invoice processing, etc. shall constitute
unsatisfactory performance. More than three (3) complaints per month will prompt a
review of the Contractor's performance, and may result in potential corrective action
by the City.
18.4.2 Additional performance guarantees shall be as detailed in Section V.B. "Scope of
Work" contained herein. The City and Contractor may mutually agree to additional
performance guarantees as may be warranted.
18.5 CUSTOMER COMPLAINT TRACKING SYSTEM REQUIRED:
CONTRACTOR shall maintain a customer complaint log during the term of this Agreement.
At a minimum the Customer complaint procedure shall provide that all customer complaints
shall be resolved within the next business day. Upon request, CONTRACTOR shall supply
CITY with copies of all complaints indicating the date and time of the complaint, the nature of
the complaint and the manner and timing of its resolution.
ARTICLE 19, NOTICE
10
g..lO7 b,61(yte...r } !`SI S>i0f E
Whenever either party desires or is required under this Agreement to give notice to any other party, it must be
given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground
courier services, or by messenger service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
ARTICLE 20, UNCONTROLLABLE FORCES
20.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or
failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of
reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces"
shall mean any event which results in the prevention or delay of performance by a party of its
obligations under this Agreement and which is beyond the reasonable control of the nonperforming
party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot,
civil disturbance, sabotage, and governmental actions.
20.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which
are preventable, removable, or remediable, and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The
nonperforming party shall, within a reasonable time of being prevented or delayed from performance
by an uncontrollable force, give written notice to the other party describing the circumstances and
uncontrollable forces preventing continued performance of the obligations of this Agreement.
ARTICLE 21, MISCELLANEOUS PROVISIONS
21.1 Exhibits: the Exhibits , are incorporated herewith by reference for all purposes as
though fully set forth.
21.2 Right to Require Specific Performance: the failure of CITY at any time to require performance by
CONTRACTOR of any provisions hereof shall in no way affect the rights of CITY thereafter to enforce
the same.
21.3 Venue: This Agreement shall be governed by the laws of the State of Florida as now and hereafter in
force. The venue for actions arising out of this agreement is fixed in Broward County, Florida.
11
v f # i i r drry >^y. /�. ,a�-w � r a
i1 � 0 t i= (9 Cat : < wki 0 (?#{ g Ja1 � � c �` .. � a.
.9 —
21.4 Signatory Authority: CONTRACTOR shall provide the City with copies of requisite documentation
evidencing that the signatory for CONTRACTOR has the authority to enter into this Agreement.
21.5 Severability; Waiver of Provisions: Any provision in this Agreement that is prohibited or
unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such
prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any
provision by either party shall not constitute a waiver of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement.
ARTICLE 22, ASSIGNMENT
CONTRACTOR shall not assign, transfer or subject the Contract or its rights, title, interests or obligations
therein without City's prior written approval. Violation of the terms of this paragraph shall constitute a breach of
the Contract by CONTRACTOR and City may, at its discretion, cancel the Contract. All rights, title, interest and
obligations of CONTRACTOR shall thereupon cease and terminate.
ARTICLE 23. MERGER; AMENDMENT
This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and
oral understandings between the parties are merged herein. This Agreement can be supplemented and/or
amended only by a written document executed by both the Contractor and the City.
ARTICLE 24, NO CONSTRUCTION AGAINST DRAFTING PARTY
Each party to this Agreement expressly recognizes that this Agreement results from the negotiation
process in which each party was represented by counsel and contributed to the drafting of this Agreement.
Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its
construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each
party expressly waives the right to assert such a presumption in any proceedings or disputes connected
with, arising out of, or involving this Agreement.
Remainder of Page Intentionally Blank
12
f 7n
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates
under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and
CONTRACTOR, signing by and through its , duly authorized to execute same.
ATTEST:
CITY OF TAMARAC
Beth Talabisco, Mayor
Date
Michael C. Cernech, City Manager
Peter M.J. Richardson, CRM, CIVIC Date:
City Clerk
Date
ATTEST:
Approved as to form and legal sufficiency:
City Attorney
Company Name
(Corporate Secretary) Signature of President/Owner
Type/Print Name of Corporate Secy. Type/Print Name of President/Owner
(CORPORATE SEAL)
Date
FBI
0
CORPORATE ACKNOWLEDGEMENT
STATE OF
:SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the
County aforesaid to take acknowledgments, personally appeared
, of
a Corporation, to me known to be the person(s) described in and who
executed the foregoing instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this. day of
14
,20
Signature of Notary Public
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
❑ Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
3
CITY OF TAMARAC
PURCHASING AND CONTRACTS DIVISION
7525 NW 88T" AVENUE
TAMARAC, FL 33321
"Committed to Excellence... Always"
ADDENDUM NO.1
REQUEST FOR PROPOSAL 12-12R
TOWING SERVICES FRANCHISE AGREEMENT
DATE OF ADDENDUM: APRIL 3, 2012
TO ALL PROSPECTIVE PROPOSERS:
The following clarifications, changes, additions and/or deletions are hereby made part of the
Contract Documents for Request for Proposal #12-12R, TOWING SERVICES FRANCHISE
AGREEMENT:
1. P. 18 — Scope of Work — Technical and Operational Requirements, Section 5,
RESPONSE TIME: Please amend the first paragraph of Section 5 to now read
as follows:
"5. RESPONSE TIME
The contractor is to respond (arrive at the scene) within thirty (30) minutes of notice at
any time of the day or night with appropriate equipment at the request of the BSO, or in
the case of City vehicles, by an authorized City employee for Class A and B tows; and
within forty-five (45) minutes for Class C and D tows. The Contractor assumes all liability
in meeting the required response time including, but not limited to, any and all damages
resulting from traffic accidents and motor vehicle infraction fines. "
This change represents a change from the original requirement of fifteen (15)
minutes. While the City PREFERS that the original fifteen (15) minute timeframe be
adhered to; any penalty assessments imposed will be based on the timeframes
shown in the amended version of Section 5 shown above.
2. P. 31 — Please amend Item 4, regarding submittals required with your proposal as
follows:
"List of Equipment and Facilities available to service this Agreement. Proposer must
include an inventory of all vehicular equipment available to remove vehicles from an
incident site, including towing vehicles, transport vehicles, extrication equipment,
garage equipment, and any other equipment necessary for the safe efficient removal
and transport of vehicles from an incident site.
Proposer shall submit response time statistics for Class A and Class C tows, for the
past six (6) months, based on the proposal due date, for tows provided within ten
(10) miles of your firm's home base. Proposer shall provide details on its reporting
capabilities, including complaint tracking systems, and other reports that are
available to the City."
7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 597-3570 ■ Fax (954) 597-3565 ■ wvwv.tamarac.org
Equal Opportunity Employer
n
3. Form Agreement Page 4 — Section 6.6:
follows:
Please amend this section to read as
"6.6 Further, in the event that CONTRACTOR does not provide service within the
thirty (30) minute time frame for Class A and B tows, or forty-five (45) minute
timeframe for Class C & D tows, following the request by CITY, then, CITY may at its
discretion call upon another towing or wrecker service to provide the service
required. yy
4. Form Agreement Page Form Agreement Page 6 — Section 11.2: Please amend this
section to read as follows:
"11.2 Personal property in any vehicle stored by CONTRACTOR shall not be
disposed of to defray any charges for towing, wrecker and storage of vehicles without
a court order, however, if no claim is made for the property after a reasonable period
of time, CONTRACTOR may dispose of property in accordance with Florida Statute
713."
5. Form Agreement Page 6 — 11.4: Please amend this section to read as follows:
"11.4 Any
vehicle not claimed by
the owner within thirty
(30) days shall be reported
in writing to
BSO, Tamarac District
V11 in accordance with
Florida Statute 713."
All other terms, conditions and specifications remain unchanged for RFP # 12-12R. Please
acknowledge receipt of this Addendum No. 1, by returning it and/or acknowledging it in your
proposal.
Sincerely,
Keith K. Glatz, CPPO, FCPM
Purchasing & Contracts Manager
COMPANY: NAME:
11
CITY OF TAMARAC
PURCHASING AND CONTRACTS DIVISION
7525 NW 88T" AVENUE
TAMARAC, FL 33321
"Committed to Excellence... Always"
ADDENDUM NO.2
REQUEST FOR PROPOSAL 12-12R
TOWING SERVICES FRANCHISE AGREEMENT
DATE OF ADDEN DU M: MAY 29, 2012
TO ALL SHORT LISTED PROPOSERS:
The following clarifications, changes, additions and/or deletions are hereby made part of the
Contract Documents for Request for Proposal No.12-12R, TOWING SERVICES
FRANCHISE AGREEMENT:
NOTE:
Please note, the Franchise fee payment had been erroneously calculated. The Franchise fee
payment is $65,000.00 instead of $60,000.00.
All other terms, conditions and specifications remain unchanged for RFP No. 12-12R. Please
acknowledge receipt of this Addendum No. 2, by returning it to k latz tamarac.or
Sincerely,
Keith K. Glatz, CPPO, FCPM
Purchasing & Contracts Manager
COMPANY:
NAME:
7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 597-3570 ■ Fax (954) 597-3565 ■ www.tamarac.org
Equal Opportunity Employer
N
Q
N
V—
a.
LL
w
�o
w�
v �
0
W ca
W >
W
Z
O E
o
U
N
N
L T-
X p
W N
ul (3
N N
N
(�
H
H
z
w
m
a
O
J
w
W
O
w
g
J
o
H
ao
co
H
oW
U E
8
W
(7 E
Z
t- a
J
N
z
U
H
Z
w
2
a
O
w
0
0
N
Ca
LO
LO
1
cxx
0Lnr`00
LO
Lf)
CD
LO
Lin
r-
LO000
c-
r-
N
O
00
r-
r
r`�oo
r
CA
M
N
M
N
a
L
g>
o
m:
c x
x
LO
N
o
cM
r'
CD
LO
O
r-
Ln
O
�-
N
0
�--
C)o
c-
r`
M
(o
00
V)
CD
00
N
N
N
N
N
tD
:E
CL
�c
c
r
N
x
x
O
LO
CD
ram-
CD
M
LO
LO
r-
O
Cv
00
00
00
r`
O
O
M
r-
N
O
d
O
T--
00
O
M
N
�-
N
N
M
m
x
.N
C
.Q
�sxx
CL.....
N
toFtN�pp
x
ttS
LOM00
t
Co
r-
W)
0
r
ocpMW
r-
CV
.-
r-
N
LO
CO
0)
O
Orncoco
CO
00
O)
r-
LO
LO
N
�^
M
to
c
J
C
M
Z
U
rn
o
z
O
xx
CL
K
00LInMu)
It
Co
CD
(D
v
LnOLn0
a)
C)
0Nr-LO
Q
LLl
s..
r-
N
CN
J
ti
0)00
O)
a
0
�
U)
H
Q
U
0'm
x
x
Lo
OD
C
ti
(O
N
a0
CD
r-
O
ONO
U
Q
th
C�
E
Z
L
y
CL
O a�
L L
� �
o_
(n
C
to
0
o
o
m
C
C?
0
a�
f
o
p
Q
_
L
0
0
N
v
_
cn
O
L
Q
E
0
C
W
o
w
C
_
CU
0
m
0
._.
f
Q
0
p
.�
S..
0
°'
0
.V
_
c�
O
L
Q
E
0
C
W
o!S
0
m
C
_
U
o
m
0
.+
E
0
>
L
0
�'
p
.v
v�
O
L
�
Q
E
o
C
UJ
06
a�
C
_
U
o
�
0
.0-
E
O
>
D
L
0
�'
p
�
.v
�
cn
O
L
�
Q
E
o
G
W
.6
o
0
_
U
Lo
LJ
w
f
O
>
L-
0
a=
p
N
.v
cn
O
_L
�
Q
.E
o
C
W
,6
C
U
o
Z
N
o
Q
c
n
W
Q
0
U
0
LL
0
E
o
U
c
w
cn
Q
0
E
o
U
U-
c
0
E
o
U
cn
Q
c
0
E
o
U
U-
c
0
E
ca
Q
'c
0
E
U
i-
c
0
E
81
n
Q
'c
0
E
U
c
T
0
0
E
U
AGREEMENT
BETWEEN
THE CITY OF TAMARAC
WESTWAY TOWING, INC.
TOWING SERVICES FRANCHISE AGREEMENT
TABLE OF CONTENTS
AGREEMENT.......................................................................................................1
ARTICLE 1. TOWING, WRECKER AND STORAGE SERVICE .......................2
ARTICLE 2. DEFINITIONS...............................................................................2
ARTICLE 3. GRANT OF FRANCHISE..............................................................3
ARTICLE 4. FRANCHISE PAYMENT...............................................................3
ARTICLE5.
TERM............................................................................................3
ARTICLE
6.
SCOPE OF SERVICES.................................................................3
ARTICLE
7.
BOOKS AND RECORDS..............................................................4
ARTICLE
8.
COSTS OF SERVICES TO THE PUBLIC.....................................5
ARTICLE
9.
MAINTENANCE OF ABILITY........................................................5
ARTICLE 10. TERMINATION.............................................................................5
ARTICLE 11. AUTHORITY TO ACT...................................................................6
ARTICLE 12. PERFORMANCE BOND/LETTER OF CREDIT ............................6
ARTICLE 13. CUSTOMER REQUIREMENTS ....................................................7
ARTICLE14. INSURANCE.................................................................................7
ARTICLE 15. INDEMNIFICATION......................................................................8
ARTICLE 16. NON-DISCRI MI NATION..............................................................8
ARTICLE 17. LOCAL OFFICE............................................................................9
ARTICLE 18. PERFORMANCE BASED CONTRACTING, PERFORMANCE
GUARANTEES AND CUSTOMER COMPLAINT TRACKING ..............................9
ARTICLE19. NOTICE......................................................................................10
ARTICLE 20. UNCONTROLLABLE FORCES..................................................11
ARTICLE 21. MISCELLANEOUS PROVISIONS..............................................11
ARTICLE 22. ASSIGNMENT............................................................................12
ARTICLE
23.
MERGER;
AMENDMENT
..........................................................12
ARTICLE
24.
NO
CONSTRUCTION
AGAINST DRAFTING PARTY ...............12
X. mom I I
M�A�M-01
FORM AGREEMENT FOR TOWING, WRECKER AND STORAGE SERVICES
BETWEEN THE CITY OF TAMARAC
AND
WESTWAY TOWING, INC.
4,p
THIS AGREEMENT is made and entered into this / day of , 20 /�, by and between
the City of Tamarac, a municipal corporation with principal offices loca ed at 7525 N.W. 88th Ave., Tamarac,
FL 33321 (the "City") and Westway Towing, Inc., a Florida corporation with principal offices located at 3681
West Oakland Park Boulevard, Lauderdale Lakes, Florida 33311 (the "Contractor") to provide the exclusive
franchise rights for all towing services required by the City or by the Broward Sheriff s Office (BSO) acting on
behalf of the City.
WITNESSETH:
WHEREAS, CONTRACTOR has maintained a high level of professional towing wrecker and storage
service for the benefit of the citizenry thereof; and
WHEREAS, the CITY is desirous of maintaining the high level of competent, professional towing,
wrecker and storage service in conjunction and harmony with its fiscal policies of sound, economic
management; and
WHEREAS, CONTRACTOR has agreed to render to the CITY a high level of professional towing,
wrecker and storage service and the CITY is desirous of contracting for such services upon the terms and
conditions hereinafter set forth.
NOW THEREFORE, in consideration of the sums hereinafter set forth and for the other good and
valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, it is hereby agreed
as follows:
ARTICLE 1. TOWING, WRECKER AND STORAGE SERVICE
CONTRACTOR shall provide to CITY for the term hereinafter set forth, as the same may be extended
in accordance with the provisions hereof, competent professional towing, wrecker and storage service within
and throughout the corporate limits of the CITY to the extent and in the manner hereinafter described.
ARTICLE 2. DEFINITIONS
For the purposes of this Agreement, the following terms shall have the respective meanings
hereinafter set forth:
2.1 Broward Sheriffs Office (BSO): shall mean the Broward Sheriffs Office the official law enforcement
agency of the City of Tamarac, Florida.
2.2 Performance Bond: shall mean the form of security approved by the City and furnished by
CONTRACTOR as a guarantee that CONTRACTOR will execute the work in accordance with the
terms of the agreement and will pay lawful claims.
2.3 Project Manager: shall mean the Fleet Supervisor for the City of Tamarac Department of Public
Services, Public Works Division.
2.4 Scope of Work: shall mean the work under this agreement shall consist of the supervision, materials,
equipment, labor and all other items necessary to complete said work.
2.5 Service Area: City limits of the City of Tamarac.
2.6 Service: shall mean comprehensive towing, wrecker and storage service provided each day of the
year on a twenty-four (24) hour per day basis.
ARTICLE 3. GRANT OF FRANCHISE
In consideration of CONTRACTOR's performance hereunder and in compliance with the covenants
and conditions set forth herein and in the ordinances and regulations of the CITY governing towing, wrecker
and storage services, the CITY hereby grants to CONTRACTOR the right pursuant to Article 7.19 of the City's
Charter to use the public streets, alleys, thoroughfares within the corporate limits of the CITY for the purpose
of engaging in the business of towing, wrecker and storage services for commercial, residential and City
customers located within the corporate limits of the CITY pursuant to the terms of this Agreement, but not
otherwise.
ARTICLE 4. FRANCHISE PAYMENT
4.1 In consideration of the grant contained in Article 3 hereof, CONTRACTOR agrees to pay CITY as
compensation for the right to use its streets, alleys and thoroughfares an amount ("Street User Fee")
of Sixty -Five Thousand Dollars and no Cents ($65,000.00) which shall be payable by four equal
quarterly payments as invoiced by the City. Payments shall be made in advance and shall be due on
the first business day of the contract quarter. If franchise fees are delinquent, a late charge of $50.00
shall be applied in addition to interest at the highest rate allowed by current State Statute. If franchise
fee payments are more than twenty (20) days late, contractor is subject to suspension or cancellation
at the City's sole option.
4.2 The first payment shall be due at the time of execution of the Agreement and subsequent payments
are due on the first day of each quarter thereafter.
4.3 The franchise fee shall be adjusted by a percentage equal to any percentage change to Item 1,
"Towing" of Section 24.50 of the Broward County Administrative Code, Part VIII. "Categories and
Maximum Fees for Recovery, Towing, Removing, Storing or Immobilization of Vehicles on Private
Property.
4.4 Any revised franchise fee will be effective on the effective date of any adjustment to Section 24.50 of
the Broward County Administrative Code, Part VIII. "Categories and Maximum Fees for Recovery,
Towing, Removing, Storing or Immobilization of Vehicles on Private Property.
ARTICLE 5. TERM
5.1 Agreement Term: the term of this agreement shall be for a five (5) year period commencing on and
including August 1, 2012 and expiring on July 31, 2017.
5.2 Option/Extension: CITY shall have the option to extend the term of this agreement on a month -to -
month basis on thirty (30) days written notice.
5.3 Renewal Term: this agreement shall be renewable by agreement of both parties for One (1) additional
five (5) year period. This option is available at the sole discretion of the CITY, and if exercised by the
CITY, CONTRACTOR shall be required to provide the same services upon the same terms and
conditions for the extended agreement term; however, the CITY and CONTRACTOR may negotiate
adjusted Franchise Fee payments at the time of renewal. CITY shall not have any obligation to
exercise this option.
ARTICLE 6. SCOPE OF SERVICES
6.1 CONTRACTOR shall comply with the requirements and proposal specifications as enumerated in
Request for Proposal # 12-12R dated March 21, 2012 and incorporated herein and made a part
hereof as if set forth in full incorporated herein by reference, and as seen in this Agreement and
attached exhibits; and Westway Towing Inc. proposal response to Request for Proposal # 12-12R,
dated April 25, 2012. In the event of a conflict in documents, this Agreement shall prevail, followed in
order of precedence by Exhibit "A"to this Agreement, Request for Proposal # 12-12R dated March 21,
2012 as issued by the CITY, and CONTRACTOR'S proposal response dated April 25, 2012.
6.2 CONTRACTOR shall have a non-exclusive franchise to provide in accordance with instructions
received from CITY, towing, wrecker and storage service within the City limits of the City of Tamarac
from the date of the agreement for period of five (5) years with an option to renew for an additional five
year period.
6.3 CONTRACTOR agrees to provide employees and sufficient equipment for immediate response to
calls for service, seven days a week, 24 hours a day.
6.4 An authorized representative of CITY shall request the services of CONTRACTOR whenever towing,
wrecker and storage service is required in a situation where the owner of the motor vehicle involved
did not specify or instruct CITY to telephone or order service from a specific towing or wrecker
service; or where the use of CONTRACTOR is deemed to be in the best interest of the CITY.
6.5 However, in the event that CONTRACTOR, in the opinion of and within discretion of the CITY,
does not have available the necessary equipment to provide the service required at a particular
time or place, City may, at its sole discretion call upon another towing or wrecker service to
provide a part of or all of the equipment required in any particular circumstance. If
CONTRACTOR is not given the first opportunity to respond, upon CONTRACTOR's request, the
CITY shall provide to CONTRACTOR a written memorandum setting forth the reason why
CONTRACTOR's services were not utilized.
6.6 Further, in the event that CONTRACTOR does not provide service within the thirty (30) minute time
frame for Class A and B tows, or forty-five (45) minute timeframe for Class C & D tows, following the
request by CITY, then, CITY may at its discretion call upon another towing or wrecker service to
provide the service required.
6.7 In the event that CONTRACTOR cannot by reason of equipment failure or other reason respond
adequately to CITY's needs, it shall be the responsibility of CONTRACTOR to advise the CITY
immediately and to further advise CITY of the terms of CONTRACTOR's inability to provide adequate
service so that CITY may call upon another wrecker or towing service during this period.
6.8 CONTRACTOR agrees to maintain at all times modern, updated equipment capable of meeting all the
needs of CITY in connection with the terms of this agreement and further, CONTRACTOR agrees that
the said equipment shall, in addition to the specifications and requirements set forth in the attached
Exhibit "A" incorporated herein and made a part hereof as if set forth in full, also be staffed by well
trained and courteous personnel. All equipment purchases and maintenance shall be at
CONTRACTOR' expense. Failure to maintain the equipment will be considered a material breach of
this agreement.
6.9 CONTRACTOR shall be familiar with and shall be responsible for complying with all Federal, State
and Local laws, ordinances, rules and regulations that in any manner govern CONTRACTOR'
operation.
6.10 CONTRACTOR agrees to provide and furnish any and all information requested by any Broward
County law enforcement agency.
6.11 CONTRACTOR agrees that upon arrival at any accident scene, the tow truck operators will remove
from the site any hazardous debris, spilled petroleum products or volatile items unless directed
otherwise by the fire department or law enforcement agency.
ARTICLE 7. BOOKS AND RECORDS
7.1 CONTRACTOR shall maintain during the term of the contract all books, reports and records in
accordance with generally accepted accounting practices and standards for records directly related to
this contract. The form of all records and reports shall be subject to the approval of the City's Director
of Financial Services or designee. The Contractor agrees to make available to the Director of
Financial Services or designee, during normal business hours and in Broward, Dade or Palm Beach
Counties, all books of account, reports and records relating to this contract for the duration of the
4
.�..ra.�.!'I!
contract and retain them for a minimum period of two (2) years beyond the last day of the contract
term.
7.2 CONTRACTOR agrees to submit its trucks and equipment and records related to the City of
Tamarac for inspection by CITY at any reasonable time set forth in CITY's request so as to insure
compliance with all the terms of this agreement.
ARTICLE 8. COST OF SERVICES TO THE PUBLIC
1.1 CONTRACTOR charges and fees for towing, wrecker and storage and wrecker service rendered
within the City limits of the City of Tamarac in connection with this provision of the agreement shall be
as established by the Broward County Administrative Code, Part VIII. "Categories and Maximum Fees
for Recovery, Towing, Removing, Storing or Immobilization of Vehicles on Private Property, including
code sections 24.49, 24.507 24.517 24.521 24.537 24.54 and 24.55, as may be amended from time to
time, in effect at the time of the provision of services.
1.2 Rates may only be adjusted pursuant to a formal action taken by the Broward County Commission, by
formal resolution, which amends the Broward County Administrative Code.
1.3 Rate adjustments shall become effective on the date provided for pursuant to the effective date
established by the Broward County Commission action.
8.4 Any proposed fees for additional services shall be submitted in writing and approved by the City prior
to implementation.
ARTICLE 9. MAINTENANCE OF ABILITY
9.1 CONTRACTOR shall furnish to and maintain for the benefit of the CITY, within the cost of the
agreement therefore, all necessary labor, supervision, equipment, vehicles, communications facilities
and supplies necessary and proper for the purpose of performing the services duties and
responsibilities set forth and contemplated herein and as necessary to maintain the level of service to
be rendered hereunder.
9.2 It is expressly understood by and between the parties to this agreement that CITY is a municipal
corporation and this agreement relates to the provision to the City of service that clearly affects the
health and welfare of the citizens of the CITY OF TAMARAC. The provision of towing, wrecker and
storage service is further clearly related to the maintenance of the CITY's vehicles and the safety of
the streets and thoroughfares of CITY.
ARTICLE 10. TERMINATION
10.1 Termination for Cause
By virtue of the extraordinary nature of the CITY's obligation, and by virtue of the unusual nature of
the obligations being dealt with in this Agreement, it is understood and acknowledged by
CONTRACTOR that this Agreement may be terminated by CITY administration immediately at any
time that it becomes apparent to CITY that CONTRACTOR does not have the facilities and
capabilities of performing in accordance with the terms and requirements of this Agreement. For the
purpose of this Agreement and this section of the Agreement, these terms include not only the terms
set forth in this Agreement, and such additional or other terms and requirements, as may from time to
time during the course of this Agreement be imposed by CITY and agreed to by CONTRACTOR in
order to insure the adequate provision of towing, wrecker and storage service to CITY.
It is further understood
and
agreed that
CONTRACTOR does hereby release CITY from any claim for any
damages of any kind in
the
event of the
cancellation of this Agreement by CITY.
10.2 Termination for Convenience of City
10.3
This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice
by the City to the Successful Offeror for such termination in which event the Successful Offeror shall
be paid its compensation for services performed to termination date, including services reasonably
related to termination. In the event that the Successful Offeror abandons this Agreement or causes it
to be terminated, the Successful Offeror shall indemnify the city against loss pertaining to this
termination.
Agreement Subject to Funding
As applicable, this agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac
in the annual budget for each fiscal year of this Agreement, and is subject to termination based on
lack of funding.
ARTICLE 11. AUTHORITY TO ACT
11.1 CONTRACTOR agrees not to undertake any repairs to remove any part or parts from any vehicle
towed or stored pursuant to the provisions herein without first obtaining permission in writing from the
owner or person entitled to lawful possession to complete same.
11.2 Personal property in any vehicle stored by CONTRACTOR shall not be disposed of to defray any
charges for towing, wrecker and storage of vehicles without a court order; however, if no claim is
made for the property after a reasonable period of time, CONTRACTOR may dispose of property in
accordance with Florida Statute 713.
11.3 CITY reserves the right to cancel the request for services of CONTRACTOR at any time, including up
to the time of hook-up. CONTRACTOR agrees that the mere response to a service call scene without
other actions does not constitute a service call for which charges are applicable.
11.4 Any vehicle not claimed by the owner within thirty (30) days shall be reported in writing to BSO,
Tamarac District VII in accordance with Florida Statute 713.
11.5 Owner or authorized agent of owner of vehicle shall be allowed to remove personal, unattached
property from vehicle at CONTRACTOR's storage yard at no additional charge.
11.6 CONTRACTOR agrees to be licensed and certified by all appropriate State, County and local
agencies.
ARTICLE 12. PERFORMANCE BOND/LETTER OF CREDIT
12.1 CONTRACTOR shall furnish to CITY as of the date of this Agreement, with a Performance Bond in
the amount of $10,000.00 payable to the City of Tamarac. The security shall be in a form acceptable
to the City's Risk Manager, and shall be for the term of this Agreement. The security shall be
furnished to CITY by CONTRACTOR within fifteen (15) days of the date of execution of this
Agreement and identified as Exhibit "B". Without limiting any other indemnification provisions herein,
said security shall indemnify the CITY against any loss, expense, cost, or damage resulting from any
default by CONTRACTOR hereinafter or any failure of performance by CONTRACTOR. The
performance bond shall contain a sixty-(60) day cancellation notice provision for notification to the
CITY.
12.2 CONTRACTOR shall further provide CITY with a $2,000 cash bond as delineated in this agreement
and attached as Exhibit"C". Said bond is to be held in escrow during the term of this agreement to
insure that CONTRACTOR provides a prompt response to request services. The following penalties
shall apply to the contractor for failure to respond within the required time frame during any
consecutive twelve (12) month period:
A. First three offenses: Notification of failure through Certified Letter.
B. Fourth Offense: $250.00 fine.
C. Fifth Offense: $350.00 fine or suspension, at the City's option.
D. Any further offense: $500.00 fine, suspension, or termination, at the City's option.
6
12.3 CONTRACTOR shall replenish the cash bond each time a portion of it is forfeited. The CITY agrees to
return the balance of the cash bond to CONTRACTOR within 30 days of expiration of this agreement.
ARTICLE 13. CUSTOMER REQUIREMENTS
13.1 Before an impounded vehicle is claimed by the owner or person lawfully entitled to possession,
CONTRACTOR will provide such person with an itemized statement of all charges for towing, wrecker
and storage of the vehicle. Before receiving payment, CONTRACTOR, its agents, employees or
assigns, will prepare an invoice in duplicate, containing the following information:
1. Name and address of the vehicle owner and/or person engaging CONTRACTOR
2. License number of vehicle.
3. Motor Vehicle Identification Number.
4. Personal property recovered and returned to the owner of the vehicle or person
lawfully entitled to its possession.
5. Make, year, model color of vehicle(s) towed and/or stored.
6. Date and time vehicle towed.
7. Name of tow operator that completed the tow.
8. Date of Release.
13.2 CONTRACTOR shall retain a duplicate copy of such invoice and shall produce same upon demand of
CITY or its representative.
13.3 CITY will not be responsible for the collection of any charges owed to CONTRACTOR.
13.4 CONTRACTOR shall keep a log of the number and type of calls handled under this agreement. The
log shall contain the date the vehicle is towed, the make, model, license plate, if known, the VIN
number, name and address of the owner or driver, release date, and charges for same.
13.5 CONTRACTOR agrees that its liability for a towed vehicle and all personal property contained therein
will commence with the hook up of the vehicle to the tow truck. CONTRACTOR will have his
employee, representative, or agent inventory jointly with a law enforcement officer or owner of the
vehicle all personal property contained in the vehicle. This record should be produced in triplicate, one
copy to be maintained by CONTRACTOR, one copy for the law enforcement agency and one copy to
be given to the owner of the vehicle. CONTRACTOR will be solely liable and responsible to the owner
or legal entity to lawful possession, for all personal property in any vehicle towed under this
agreement.
ARTICLE 14. INSURANCE
14.1 Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as
specified in the original bid or proposal document or as required by the City's Risk and Safety
Manager before beginning work under this Agreement including, but not limited to, Workers'
Compensation, Commercial General Liability, Commercial Automotive liability and all other insurance
as required by the City. Contractor shall maintain such insurance in full force and effect during the life
of this Agreement. Contractor shall provide to the City's Risk and Safety Manager Certificates of all
insurances required under this section prior to beginning any work under this Agreement. The
Contractor will ensure that all subcontractors comply with the above guidelines and will retain all
necessary insurance in force throughout the term of this agreement.
14.2 CONTRACTOR shall purchase and maintain, in full force and effect for the life of this Agreement, at
CONTRACTOR's sole expense the following required insurance policies:
A. Garage keeper's Legal Liability policy with minimum combined single limit coverage of
$75,000 for bodily injury and property damage.
B. Garage Liability policy with minimum combined single limit coverage of $500,000 for bodily
injury and property damage.
14.3 Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the
Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be
endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all
deductibles and self-insurance retentions on Contractor's Liability Insurance policies.
14.3 CONTRACTOR shall not be able to cancel any policy without sixty-(60) days prior written notice to
CITY. CONTRACTOR's carrier must put the CITY on notice of any lapsed policy, in writing, at the
same time they put CONTRACTOR on notice.
14.4 CONTRACTOR shall provide the CITY with a copy of the respective policies of insurance required
hereunder and renewals thereof, to be delivered to the CITY before commencement of this
agreement.
ARTICLE 15. INDEMNIFICATION
15.1 GENERAL INDEMNIFICATION: Contractor shall, in addition to any other obligation to indemnify the
City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City,
their agents, elected officials and employees from and against all claims, actions, liabilities, losses
(including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness,
disease or death, or injury to or destruction of tangible property including the loss of use resulting
therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole
or in part from any actual or alleged act or omission of the Contractor, any sub -Contractor, anyone
directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in
the performance of the Work; or b). violation of law, statute, ordinance, governmental administration
order, rule, regulation, or infringement of patent rights by Contractor in the performance of the Work;
or c). liens, claims or actions made by the Contractor or any sub -Contractor under workers
compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost
of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne
by the Contractor.
15.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event
of termination of this Agreement for any reason, the terms and conditions of this Article shall survive
indefinitely.
15.3 The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever
in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's
fees (including appellate attorney's fees) and costs.
15.4 City reserves the right to select its own legal counsel to conduct any defense in any such proceeding
and all costs and fees associated therewith shall be the responsibility of Contractor under the
indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive
City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to
time.
TICLE 16. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT
During the performance of the Contract, the Contractor shall not discriminate against any employee or
applicant for employment because of race, color, sex, religion, age, national origin, marital status, political
affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action
to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age,
national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified.
Such actions must include, but not be limited to, the following: employment, promotion; 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 shall agree 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. The Contractor further agrees that he/she will ensure that
Sub -Contractors, if any, will be made aware of and will comply with this nondiscrimination clause.
8
ARTICLE 17. LOCAL OFFICE
17.1 CONTRACTOR shall maintain a storage facility of sufficient size and capability to accommodate
wrecked and abandoned vehicle to be removed from the CITY during the period of this Agreement.
17.2 CONTRACTOR will make available adequate personnel to staff the storage compound from the hours
of 7:00 a.m. to 7:00 p.m. Monday through Sunday for the purpose of releasing vehicles to the owners.
CONTRACTOR further agrees to provide on call personnel to release vehicles on a twenty-four (24)
hour basis each day per year.
17.3 All property used for storage of vehicles shall be completely enclosed by at least a 6 foot high fence
screened from view to discourage theft of any vehicle or property stored within.
17.4 CONTRACTOR agrees to furnish inside storage for all vehicles, which are of a body type or of a
condition, which is such that inclement weather could result in damage.
17.5 CONTRACTOR agrees not to change the location of the storage facility without written permission of
the City of Tamarac.
17.6 Law enforcement agencies will be permitted to inspect the compound, vehicles and personal property
when it is deemed reasonable and necessary.
17.7 CONTRACTOR shall maintain a local office or authorized managing agent within Broward County and
shall designate in writing within ten (10) days of execution of this Agreement the agent upon whom all
notices may be served from CITY. Service upon CONTRACTOR's agent shall always constitute
service upon CONTRACTOR.
17.8 CONTRACTOR's storage facility is located at 3681 West Oakland Park Boulevard, Lauderdale Lakes,
Florida 33311.
17.9 CONTRACTOR's local office shall be open during regular business hours so that customers can
request information, lodge a complaint, or request service. At a minimum, CONTRACTOR shall be
available during the hours specified in Section 16.2 above.
ARTICLE 18. PERFORMANCE BASED CONTRACTING, PERFORMANCE GUARANTEES &
CUSTOMER COMPLAINT TRACKING
18.1 PERFORMANCE BASED CONTRACTING: SATISFACTORY PERFORMANCE REQUIRED
The City of Tamarac) has embraced the concept of Performance Based Contracting. Under
this model of Performance Based Contracting, the City desires to enter into a partnering
agreement with the successful contractor. A partnering agreement is an agreement that
provides mutual benefits for both the City and the successful Contractor.
18.2 Specific provisions for a Performance Based Contract are as follows:
18.2.1 Contractor shall successfully adhere to the requirements of this Agreement and
successful completion of all tasks required under the specifications in a manner
which is acceptable to the City.
18.2.2 Semi -Annual Performance Review: At its sole discretion, the City may conduct
periodic performance reviews of the Contractor. The frequency of said reviews will
not exceed two (2) per year. Criteria to be evaluated will consist of, but not be
limited to, performance guarantees listed herein, response times, complaints
received, care and custody of vehicles and owner's possessions, condition of
facilities and equipment, extent and clarity of records, and conduct of management
and personnel. Within thirty (30) days of the issuance of the results of a review,
Contractor may respond to the City in writing and the parties shall meet to discuss
the review and other pertinent subjects. A final report which shall include any
"Contract Report Card" used by the City, which will enumerate the results of the
9
M.'a N.Ws-
;�f ac'A.`_T
review, by stakeholders, the Contractor's written response, and a summary of the
semi-annual review meeting which will be prepared by City Staff, with a copy sent to
the Contractor.
18.2.3 Contract Report Card: The City may utilize a "Contract Report Card" as a means of
performing the semi-annual reviews. The City shall request contract stakeholders to
serve on an evaluation panel during the contract term. The stakeholders shall
include, but not be limited to City of Tamarac employees and employees assigned to
the Tamarac District by the Broward Sheriffs Office. Each stakeholder will evaluate
the Contractor using a "Contract Report Card" evaluation document, which will
survey the Contractor's level of service. Evaluation criteria for the "Contract Report
Card" will be developed by the City, with input from the Contractor.
18.3 Contractor performance on performance reviews will be an important consideration in
determination of an extension term.
18.4 PERFORMANCE GUARANTEES
As a part of this Agreement, the successful Contractor shall agree to maintain the following
level of performance:
18.4.1 The successful Contractor shall provide a level of service which shall lead to optimal
agency satisfaction. Complaints, including but not limited to poor service,
unacceptable follow-up, disputes relating to invoice processing, etc. shall constitute
unsatisfactory performance. More than three (3) complaints per month will prompt a
review of the Contractor's performance, and may result in potential corrective action
by the City.
18.4.2 Additional performance guarantees shall be as detailed in Section V.B. "Scope of
Work" contained herein. The City and Contractor may mutually agree to additional
performance guarantees as may be warranted.
18.5 CUSTOMER COMPLAINT TRACKING SYSTEM REQUIRED:
CONTRACTOR shall maintain a customer complaint log during the term of this Agreement.
At a minimum the Customer complaint procedure shall provide that all customer complaints
shall be resolved within the next business day. Upon request, CONTRACTOR shall supply
CITY with copies of all complaints indicating the date and time of the complaint, the nature of
the complaint and the manner and timing of its resolution.
ARTICLE 19, NOTICE
Whenever either party desires or is required under this Agreement to give notice to any other party, it must be
given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground
courier services, or by messenger service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
10
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Westway Towing, Inc.
3681 West Oakland Park Boulevard
Lauderdale Lakes, Florida 33311
ATTN: Craig Goldstein, CEO
(954) 731-1115 Voice
(954) 583-9347 Facsimile
CGoldtowA-aol.com
ARTICLE 20, UNCONTROLLABLE FORCES
20.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or
failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of
reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces"
shall mean any event which results in the prevention or delay of performance by a party of its
obligations under this Agreement and which is beyond the reasonable control of the nonperforming
party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot,
civil disturbance, sabotage, and governmental actions.
20.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which
are preventable, removable, or remediable, and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The
nonperforming party shall, within a reasonable time of being prevented or delayed from performance
by an uncontrollable force, give written notice to the other party describing the circumstances and
uncontrollable forces preventing continued performance of the obligations of this Agreement.
ARTICLE 21, MISCELLANEOUS PROVISIONS
21.1 Exhibits: the Exhibits "A "B" & "C", are incorporated herewith by reference for all purposes as
though fully set forth.
21.2 Right to Require Specific Performance: the failure of CITY at any time to require performance by
CONTRACTOR of any provisions hereof shall in no way affect the rights of CITY thereafter to enforce
the same.
21.3 Venue: This Agreement shall be governed by the laws of the State of Florida as now and hereafter in
force. The venue for actions arising out of this agreement is fixed in Broward County, Florida.
21.4 Signatory Authority: CONTRACTOR shall provide the City with copies of requisite documentation
evidencing that the signatory for CONTRACTOR has the authority to enter into this Agreement.
21.5 Severability; Waiver of Provisions: Any provision in this Agreement that is prohibited or
unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such
prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any
{L A
provision by either party shall not constitute a waiver of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement.
ARTICLE 22, ASSIGNMENT
CONTRACTOR shall not assign, transfer or subject the Contract or its rights, title, interests or obligations
therein without City's prior written approval. Violation of the terms of this paragraph shall constitute a breach of
the Contract by CONTRACTOR and City may, at its discretion, cancel the Contract. All rights, title, interest and
obligations of CONTRACTOR shall thereupon cease and terminate.
ARTICLE 23. MERGER; AMENDMENT
This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and
oral understandings between the parties are merged herein. This Agreement can be supplemented and/or
amended only by a written document executed by both the Contractor and the City.
ARTICLE 24, NO CONSTRUCTION AGAINST DRAFTING PARTY
Each party to this Agreement expressly recognizes that this Agreement results from the negotiation
process in which each party was represented by counsel and contributed to the drafting of this Agreement.
Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its
construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each
party expressly waives the right to assert such a presumption in any proceedings or disputes connected
with, arising out of, or involving this Agreement.
Remainder of Page Intentionally Blank
gg a
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates
under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and
CONTRACTOR, signing by and through its CEO, duly authorized to execute same.
p,RA C '.�� CITY OF TAM A
Beth Talabisco, Mayor
A "
Date
ATTST. .; t,R chael C. Cernech, City Manager
Peter M.J. Rich
City Clerk
71,6LI1,
Date
ATTEST:
(Corporate Secretary)
Type/Print f4ame of Corporate Secy.
(CORPORATE SEAL)
Approv
Samu
to form and I
r'( 4 r. '/
al sufficiency:
S. Goren, CV Attorney
CRAIG GOLDSTEIN
Type/Print ame of President/Owner
Date
13
�rlId- s l ip
STATE OF FLORIDA :
COUNTY OF BROWARD:
rp-METIN
NPRI�N�M_m
CORPORATE ACKNOWLEDGEMENT
:SS
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the
County aforesaid to take acknowledgments, personally appeared Craig Goldstein, CEO, of Westway Towing,
Incorporated, a Florida Corporation, to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this. day o1
e
Rr A
�rh NaiarY Public Site of Florida
. Pa triCia M Woodward
t-"w y Ccmmrssicn EE915
'QY � EkpirvA da/oe/� fi80
Ak M. -
���
r�t,N �
14
State of Florida at Lar e
Print, Type or Stamp
Name of Notary Public
Personally known to me or
Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
IVQ�C�[��C� �C�(/aC�[�/,7Crv�C��C��raC�� KH
C�[��,�CAIIf-V���JL'�C(]Jwo'�o
WAV�[]�r`/®�4® C.�✓D�/C®�/®D�/G 1.�G � �G � � � ��x � �G � �G lJ �G ti.J �G iv,l �G l> �G
D C
J L'l
IC-
jO
0 1 " 0
vi.
5wc
D
J �
n
D
•
i' 1 1 1 `` 1 O§tatp
1 certify that the attached is a true
Articles of Incorporation of WEST WAY
D
organized under
January 12,
the Laws of the
1989, as shown
and correct
Ell
copy of the
TOWING, INC., a
State of Florida,
by the
corporation
filed on
records of this office.
The document number of this corporation is K57932.
DC
�v
D
D
D
r�
C
'� t7
rJ
D
G �
X%4NU,
O'bru unber mp baub a�tb the
great *eat of the Mate of ffloribag
at TallabnarV the CaPitat P tW the
12th bapof January, 1989.
D/C
GiI
D
: CD CJ'CD C�DCtivC�DC�C�DC�C�CD(VC�DVCDnDC�V/CDCNvCn0 F1®r�DC
D
L ���»�D 6x1nvH�rx'4vn4§6vn94F%�nDCFxev�CC�/D�G��CrJ
Jim �41tiIR4
*ecrs#urg of �tatv
4/0
ART OF INC0RP0RATION"
0E
WE."T WAY TC�W IIC, .I,N�. •
We the— u rter ",ig n t?d, 311. b-,- e�� �ulJagd��
a 0c1,3 our - el,ve � tc.;ge+h er, and dF3 heret,y agree for-
our-e ve-fi our as-��E z. te- and o-:jr assigns, to becom(=-- a
cor poration for profit under the law- of the State of Florida,
of the United States of America, by and under the provi-ions
and statutes of that State providing for the formation,
liability, right-, pr ivi�,ege-, berief it- and obligation-'
cunferred
and imposed by said law on
corporations organ►f
-,Zed
pursuant
to the pr=--)vision- thereof,
and hereby make,
subscribe
and acknowledge arid file the-e Articles of Incorporation a-
ARTICLE I
CORPORATE NAME
The name of thi- corporation shall be s
WEST WAY TOWING, INC.
ARTICLE II
PURPOSE
The general nature and purpose of the busines's to be
transacted by this corporation shall be:
To engage in the business of towing and storing veehicies
f
ARTICLE V
The amount of capital with which this corporation shall
commence business; is not less than Five., Hundred Dollars
(C�500. 00) .
ARTICLE VI
ADDRESS
The pr-if-ici.pal of ice and ir.it iQl mail.i.rig addresc of this
corporation shall he located at 3818 N.W. 49th Street
Tamarac, c Fl.or idea 33309. However, said place of business may
he moved to any ether location within the State of Florida at
any time thereafter.
ARTICLE VII
DESIGNATED REGISTERED AGENT AND OFFICE
The designated
registered
agent of the
corporation
is
CRAIG GOLDSTEIN and
he
will accept service
of process at
the
registered office addrecs located at 3818 N.W.
Tamarac, Florida 33309.
AH
RT_I_CL_.E_ VIII
BSCRIBERS
49th Street
The names and addrecs-es of the 'Subscribers to these
Articles of Incorporation are
CRAIG GOLDSTEIN
1421 S. Ocean Drive
Pompano, Florida 33062
TC) b ���-�r�tI-aCted to t ow C}z- �t.c-jre �'y _ins dividual, irz uranCe
compa��ys, municipalities
ur
ferny
uther
legal.
corporation,
govE-arrlmental or, pr ivatf-
entity
that may
have
a need of our
servirE}.
`?'o Tr-ancact any or a? 1_ 13wful �usine ��� f car which ctJl�C►po't ation:�,
may
he
incurpc.ted
under
the Elc3r_ida
CE:�ar�,ral.
Cc�rporaticjr�s
Act
T��
d�wti
all a:rld e�,�E�ryf
hs.'r�g
riL--Aces sj.ar y
�� .
r� , �
f��r
trie
.1t_'r.. Qflf
P,I 1shTnerlt
cif
t he oh�ect2
�.-�r�ur�CJz at����..
o:
rieCeS''Ea y C1
incidental
to.
the
protection
and benef it
of
the
coporati.on and
in general, to carry or, any lawful business necessary
or incidental to the attainment of the olEdects of the
corporation whether or- not such bus -mess is, similar in nature
to the objects.- s--,et forth herein, provided the same be riot
inconsistent with the laws under- which the corporation is
orgarii} ed.
ARTICLE III
DURATION AND COMMENCEMENT OF EXISTENCE
This corporation CC0MT11enL e busi ne:'E-on the date of
filing of the Artie,,les of Inco-1—poration and shall have
perpetual existence un? es-� according to law.
ARTICLE IV
CAPITAL 1,770CK
The Ma::iTnUTTt T-lUMber �.:..+f stock E3,har esj that this corporation
shall ire author i� ed to isf3ue and have outstanding at any on
time shall limited to One Thousand ''hares (1,000) of common
�.-tock having a nominal or par value of one, Dollar ($1.00) per
share.
a
ARTICLF IX
The or-igirial iric1-r por atc)r of thi.6, cc)r pur atJ.on h a I I have
tree ri gr,t s orgarri-atiC)f-1 to as ;iron and deliver, their.
subscription
of
st oc -;
or a pe+_ 1f i e d number
of stocl� shares
thereof, t0
3ny
atrler
ur ti.D firms Cyr
corporations who
lnay hereaf ter become to the capital stocl,- of sai d
cofporation; who upon aeceptarice of E-�-Luc"h assignment, :hall
st Dnd in lieu Of thE? ir,corporator and and carry out all
the
rights, liabilities
and
dutie'
entailed
by
said
subccriptions
sub 'ect to
the
laws
of
the
Mate
of Florida and
the e.-,ecution of these instr-umerit�; of assignment.
ARTIC, E X
BnARD OF DIRECTORS,
The
Directors
constituting
the
initial
Board
of Directors
shall be
one (1) in
number at
this
time.
However,
the number
Of Directors may be increased or may dimi.n.isrr in number from
time to time. The names and addresses of the one
(N 1 ) persons who will serve as member-: of the Board are:
CRA I G GOI-DS,TE I N
1421 Ocean Drive
Pompano, Florida 33062
ARTICLE XI
All
Corporate
Powers shall
be
exercised
by and
under the
authority
of, and
the busineec.3
and
affairs of
this
corporation
shall be managed under the direction of the Board of
Directions as stated herein.
A RT T (7 L F XI T T
S"ToCKHOLDER �& CORPORATF OFFICERS
Tree r�ar�?es and addre-C=,j0e Gt o c k h o I d e r s cif
thi:� c ox-Por ation the corporrste off ic--e !-if--1 d until :a
.�J u C C.. -SJ ►.J t 1 L-1 w..t kj t.r tw C� .J .J e 7i 1� i :..._� A� �� �, �� �, t. �; ` .�_ _ g_.J _ 1.�3 l l� a
C A I G
CORPORATE POC" T r' 1 oll
ARTICLE XIII
The corporation shall indemnify any Officer or, Director
or former officer of Director of this, corporation to the full
ext exit as per -mitt ed by law.
ART?CLF IVX
The
corporation
the
right
to amend, alter,
change or
repeal
any
provision or
provisli
0fiW thereof,
containE'd in these Articles in the �,,ame manner now or
hereafter prescribed
by
Statute, and
all Y -ghts
conferred upon
its stockholder's
herein
are granted
Subject
to
this
-rc�ser-vat ic,n.
IN WITNE� ; WHEREOF, t tie ur1der2igf'led 11Qc--. made grid
iibEDcrih)ed tc) t e-J�, Article�.� c-)f for the, uea,nd
pur po-sew afor ec—',ai-d and doems here1Dy declare ar-id certify that
thc- -- f a cor. twined rzez- jai. 1 are t rue, t.hi
CRAIG
STATE OF Fs OR I DA,
COUNTY OF BROWARD)
of
---------------
EIN
BEFORE ME, a Notary Public authors -Zed to take
acknowledgement.s.-, in the State and County set forth above,
pers-opally appeared CRAIG GOLDSTEIN
known to me and by me to the persons who executed the
foregoing Articles of Incorporation, and they acknovIedged
that they executed the game freely and voluntarily for the
uses of purpo yes therc:--in e:XprEa�: led .
Iu W?TNESS WHEREOF, I have hereunto �et fny hand and
affi,;-Ced uty -Seal in tree State of County afo'c ementioned, thie
day of
My CornmiSSia'ri E1`pir'eS :
Putf:C, Stdo d FkXWA at Larp
&�wvd thru Maynard B"dkV AWvy
EXHIBIT A
STORAGE LOCATIONS AND EQUIPMENT
At our main headquarters at the Lauderdale Lakes Facility which I own all vehicle lien processes as well as
dispatching through our state of the art dispatch system is performed. our vehicle notification process is
computerized, and is directly connected to the State of Florida .Department of Motor vehicles. This allows
immediate owner information and the ability to notify them of the whereabouts of their vehicle. This allows us
to complete the Florida Statute so we can legally sell or destroy the abandoned vehicles.
All reports are generated from this office that has over 200,000 dollars of computer equipment and servers to
handle all locations. There is a backup system for security and the building has a 100 k generator in case of a
power failure. We are 100 % prepared for any hurricanes that may approach us. We are able to provide 24 hour
seven day a week security because we never close. Westway Towing is completely enclosed by an Eight Foot
Wall with an indoor storage area for those vehicles requiring protection from inclement weather or Police
Holds. This facility is capable of storing over 400 vehicles outside and 50 vehicles inside. There is a separate
designated area within our facility with a mechanical lift and tools for vehicles that are being held for crime
scene investigations. There are 16 color cameras with 60 day storage for added security. Westway Towing has
a secured personal property room and an air conditioned office for your investigators to perform their
investigations. We also have a special finger print area with all the materials your investigators use to
investigate recovered stolen cars. our own Westway Towing CSI Crime Lab. We have a decal system that tags
the personal property to the tow ticket as well. We have a fax machine, telephone, and computers with email
capability. our Computerized Bar Coded Lot Management Security System that I developed verifies vehicles
that are in our possession. This would tell us immediately if a car was mussing from our yard. No other company
can do this. Most companies would not know until the day of auction fifty days later, or if the owner came to
the yard and could not recover his vehicle.
Our Deerfield location is located at 2571 west .1iillsboro Blvd, Deerfield Beach, Fl 33442.
This secured facility is capable of handling over 100 cars outside with a indoor facility capable of an additional
15 cars. This facility is secured by 8 foot fencing, and a complete camera system that can be seen by our 24
hour seven day a week main location. We have additional lifts and mechanical equipment to help your
investigators perform their investigations.
WestWay Towing is equipped with the finest commercially manufactured equipment available, and at any time
can handle any type of Recovery or Wrecker situation that has occurred. Our equipment consists of the
following.
CLASS A 109
CLASS A 108
CLASS A 107
CLASS A 106
CLASS A. 105
CLASS A 104
CLASS A 103
CLASS A 102
CLASS A 101
CLASS A 100
CLASS C 998
CLASS A, 997
CLASS A 996
CLASS A 995
CLASS B 994
CLASS B 993
CLASS A 992
CLASS A. 991
CLASS A 990
CLASS A 989
2012 FORD EXTENDED TWIN LINE RECOVERY WRECKER
2012 FORD QUICK PICK WRECKER
2012 FORD F650 WITH VULCAN TWO CAR CARRIER
2012 FORD F450 SINGLE LINE WRECKER
2008 DODGE QUICK PICK WRECKER
2012 FORD SUPER DUTY WITH WRECKER BODY
2007 FORD SUPER DUTY WITH WHELL LIFT CUSTOMER SERVICE
2011 HINO FLATBED WITH TWO CAR CARRIER
2011 DODGE EMERGENCY" & CUSTOMER RESPONSE UNIT
1997 INTERNATIONAL 4700 WITH 20 TON WRECKER.
2010 HUMMER CUSTOMER SERVICE TRANSPORT
2011 11IN0 FLATBED WITH TWO CAR CARRIER
2011 FREIGHTLINER FLATBED WITH Two CAR CARRIER
2011 DODGE WRECKER WITH TWIN LINE CABLE RECOVERY
2011 INTERNATIONAL 4 DR FLATBED WITH TWO CAR CARRIER
2010 FREIGHTLINER. 4 DR FLATBED WITH TWO CAR CARRIER
2010 FORD F350 WRECKER FOR SERVICING INDOOR GARAGE NEEDS
2010 H NO FLATBED WITH 2 CAR CARRIER
2010 DODGE QUICK PICK WRECKER
CLASS A 988 2009 FORD F 650 FLATBED WITH 2 CAR CARRIER
CLASS A
CLASS B
CLASS A
CLASS B
CLASS B
CLASS A.
CLASS A
CLASS D
CLASS D
CLASS D
SERVICE
SERVICE
SERVICE
SERVICE
CLASS D
CLASS D
CLASS D
CLASS D
CLASS A
4. EQUIPMENT AVAILABLE
Page 2
NTEWED
986 2003 DODGE FULLY EQUIPPED HAZ -MAT CLEAN UP VEHICLE
984 2008 H NO FLATBED WITH 2 CAR CARRIER
983 2008 DODGE 'WITH TWIN BOOM RECOVERY WRECKER
979 2007 FREIGHTLINER WITH 16 TON WRECKER
978 2008 KENWORTH WITH 2 CAR CARRIER
977 2007 STERLING 4 DOOR WITH RECOVERY WRECKER
976 2008 FORD F-450 WITH VULCAN WBEEL LIFT
975 2007 PETERBUELT WITH 2O07 75 TON ROTATOR
960 2003 PETERBUILT WITH 60 TON ROTATOR
955 1999 PETERBUILT TRACTOR. BEAVY DUTY
S-1 2012 CHEVROLET EQUINOX CUSTOMER SERVICE VEHICLE
S-2 2005 DODGE DURANGO EMERGENCY RESPONSE UNIT
S-3 2010 HUMMER 4 DR EMERGENCY RESPONSE UNIT
S-4 2007 MOTORCYCLE TRAILER ENCLOSED
HD 1 2004 VOLVO TRACTOR. WITH DETACHABLE LOWBOY
HD2 2007 P47ERNAT TRACTOR. WITH 2O07 LANDOLL
HD3 1995 WESTERN STAR WITH 1999 LOWBOY
HD4 1999 STERLING TRACTOR. WITH 1999 53 FT LANDOLL
431 2012 FORD COUGAR NILP TWIN LINE WRECKER
CLASS A 430 2008 HINO FLATBED WITH 2 CAR CARRIER
CLASS A 424 2009 f NO FLATBED WITH 2 CAR CARRIER
CLASS A 421 2008 FORD TWIN LINE WRECKER WITH QUICK PICK
CLASS B 411 2006 KENWORTH FLATBED WITH 2 CAR CARRIER
10
In addition to this new Beet WestWay Towing has designed a special Traffic Homicide Trailer which is a
1999 40 foot retired and redone Pepsi trailer containing fgh and Low Pressure Air Cushions for aircraft and
water recoveries, and the support equipment necessary to upright vehicles. This trailer has a generator for
outdoor lighting and the ability to light a distance of/z the size of a football field. The Trailer also stores the
Dive equipment necessary for water rescue, as well as Torches, Heavy Duty Equipment, Chains, Etc.. We also
have available two Landoll and three Lowboy Trailers used for Fire trucks, Aircraft removal, and unlovable
vehicles.
We .have a Volvo L 1 20 Loader that is available for quick clean up. We also have agreements for sand,
dumpsters, and a fully licensed Environmental Recovery Company.
With the amount of equipment we have from. small Tow Trucks to Heavy Duty Tow Trucks, Landolis and
Lowboy Trailers, and the available certified professional operators, there is not a scene that Westway Towing
could not take care of in the quickest available time, and in a safe contained environment.
CONTRACT EXHIBIT "B" -- PERFORMANCE BOND
(To be received after FINAL execution of Agreement)
CONTRACT EXHIBIT "C" -- ADDITIONAL $2,000 CASH BOND
(To be received after FINAL execution of Agreement)