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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..... 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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)