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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-012Temp. Reso. #9221 December 4, 2000 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-_a A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH WESTWAY TOWING, INC. FOR FURNISHING TOWING SERVICES FOR THE CITY OF TAMARAC FOR A FIVE YEAR PERIOD BEGINNING JANUARY 1, 2001 THROUGH DECEMBER 31, 2005 WITH AN OPTION TO RENEW FOR AN ADDITIONAL FIVE YEAR PERIOD FOR AN AMOUNT OF $37,500 ANNUALLY AND IN ACCORDANCE WITH RFP 00-14R; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABLIITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the current contract for towing services expires on December 31, 2000; and WHEREAS, a competitive process was undertaken to solicit proposals from qualified towing companies to provide services to the citizens and residents of the City of Tamarac; and WHEREAS, the City of Tamarac published RFP 00-14R on October 8 and 15, 2000 (attached hereto as Attachment "1") for providing towing services; and and WHEREAS, six proposals were submitted from the following companies; 1. Driscoll's Towing 2. EMS Towing 3. J & J Towing 4. Mac's Towing 5. Sal's Towing 6. Westway Towing r:9221 towing rso/Isf 1 7 r� J Temp. Reso. #9221 December 4, 2000 Page 3 Westway Towing, Inc. for providing towing services for a five-year period beginning January 1, 2001 through December 31, 2005 with an option to renew for an additional five-year period for an annual amount of $37,500. SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution 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 Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 10th day of January, 2001. ATTEST: MARION 8WENSON, CMC CITY CLERK I HEREBY CERTIFY that I have CITY ATTORNEY r:9221 towing rso/Isf RECORD OF COMMISSION V TE MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS ,¢& AGREEMENT BETWEEN CITY OF TAMARAC /_1 z I I] WESTWAY TOWING, INC. FOR FIVE (5) YEAR TOWING FRANCHISE TABLE OF CONTENTS AGREEMENT....................................................................................................... 1 ARTICLE 1. TOWING, WRECKER AND STORAGE SERVICE ....................... 2 ARTICLE 2. DEFINITIONS............................................................................... 2 ARTICLE 3. GRANT OF FRANCHISE ............................................................. 2 ARTICLE 4. FRANCHISE PAYMENT.............................................................. 3 ARTICLE 5. TERM ............................................... .... 3 ARTICLE 6. SCOPE OF SERVICES................................................................ 3 ARTICLE 7. BOOKS AND RECORDS............................................................. 5 ARTICLE 8. FEES CHARGED TO CUSTOMERS ........................................... 5 ARTICLE 9. MAINTENANCE OF ABILITY....................................................... 6 ARTICLE 10. TERMINATION.............................................................................6 ARTICLE 11. AUTHORITY TO ACT................................................................... 7 ARTICLE 12. PERFORMANCE BOND/LETTER OF CREDIT ........................... 7 ARTICLE 13. CUSTOMER REQUIREMENTS................................................... 8 ARTICLE 14. INSURANCE................................................................................ 9 ARTICLE 15. HOLD HARMLESS..................................................................... 10 ARTICLE 16. LOCAL OFFICE..........................................................................10 ARTICLE 17. CUSTOMER COMPLAINTS....................................................... 11 ARTICLE 18. MISCELLANEOUS..................................................................... 11 ARTICLE 19. INDEPENDENT CONTRACTOR ................................................ 12 ARTICLE 20. NON-ASSIGNABILITY............................................................... 12 ARTICLE 21. ENTIRE AGREEMENT; AMENDMENT......................................13 ARTICLE 22. BINDING EFFECT.....................................................................13 AGREEMENT FOR TOWING, WRECKER AND STORAGE SERVICES THIS AGREEMENT made and entered into in Broward County, Florida this /© day of by an between the City Of Tamarac, a municipal corporation or nized a d existing under the laws of the State of Florida, with principal offices located at 7525 NW 881h Avenue, Tamarac, Broward County, Florida 33321, (hereinafter referred to as CITY) and Westway Towing, Inc. with principal offices located at 3818 NW 49 Street, Tamarac, Florida 33309 (hereinafter referred to as CONTRACTOR). W ITNESSETH: 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. 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: 1 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 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. 2.4 Service Area: City limits of the City of Tamarac. 2.5 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 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. K 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") equal to $37,500.00 payable in four (4) equal installments per year. 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. 4.2 Delinquency Provision: in the event that CONTRACTOR fails to make the payment for this franchise on or before the date due as hereinabove provided, CONTRACTOR agrees to pay interest at an annual rate of 10% or as otherwise permitted by law, for each month or fraction thereof that payment is late. ARTICLE 5. TERM 5.1 Agreement Term: the term of this agreement shall be for a five (5) year period commencing on and including January 1, 2001 and expiring on December 31, 2005. 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. CITY shall not have any obligation to exercise these options. ARTICLE 6. SCOPE OF SERVICES 6.1 CONTRACTOR shall comply with the requirements and bid specifications as seen in this Agreement and attached exhibits. 6.2 CONTRACTOR shall have a nonexclusive 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. 0 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 fifteen (15) minute time frame 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'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. 4 6.1 p 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 Auditor. The Contractor agrees to make available to the City's Auditor or other authorized personnel, 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. 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. FEES CHARGED TO CUSTOMERS 8.1 CONTRACTOR charges and fees for towing, wrecker and storage and wrecker service rendered within City limits of the City of Tamarac in connection with the provision of this agreement shall be as set forth in attached Exhibit "B", incorporated herein and made a part hereof as if set forth in full. At no time shall the rates exceed any limits for rates that have been set by the federal government, the State of Florida, Broward County, or the City of Tamarac. 8.2 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. I: 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 on 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 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 A and B, 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. C.1 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. 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 seven (7) days shall be reported in writing to BSO, Tamarac District VII, immediately thereafter. 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 "C". 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. 7 12.2 CONTRACTOR shall further provide CITY with a $2,000 cash bond as delineated in this agreement and attached as Exhibit "D". 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. 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. 8 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 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. Garagekeeper'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. C. A Worker's Compensation and Employer's Liability policy, which covers all of the Contractor's employees, associated with this Agreement. 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. E11 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. HOLD HARMLESS 15.1 The CONTRACTOR shall indemnify and hold harmless the CITY, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the CONTRACTOR or its officers, employees, agents, subcontractors, or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the CITY or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. ARTICLE 16. LOCAL OFFICE 16.1 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. 16.2 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. 16.3 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. 10 16.4 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. 16.5 CONTRACTOR agrees not to change the location of the storage facility without written permission of the City of Tamarac. 16.6 Law enforcement agencies will be permitted to inspect the compound, vehicles and personal property when it is deemed reasonable and necessary. 16.7 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. 16.8 CONTRACTOR's storage facility is located at 1010 NSR7, Lauderhill, Florida. A new facility is anticipated to be completed and open in early 2001 located at SR7 and Oakland Park Boulevard, Lauderdale Lakes, Florida. This location may not be changed without the written approval by CITY. 16.9 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 17. CUSTOMER COMPLAINTS 17.1 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 18. MISCELLANEOUS 18.1 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 18.2 Exhibits: the Exhibits A, B, C, &__D_ are incorporated herewith by reference for all purposes as though fully set forth. 18.3 Right to Require 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. 18.5 Notices: Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321-2401 954-724-1230 With a copy to City Attorney at the same address. CONTRACTOR Richard Goldstein President Westway Towing, Inc. 3818 NW 49 Street Tamarac, Florida 33309 Phone 954-731-1115 ARTICLE 19. INDEPENDENT CONTRACTOR CONTRACTOR is an independent contractor under this Agreement. Personal services provided by the CONTRACTOR shall be by employees of the Contractor and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the CONTRACTOR. 12 ARTICLE 20. NON -ASSIGNABILITY CONTRACTOR shall not assign any of the obligations or benefits imposed hereby or contracted herein, without the written consent of the City. ARTICLE 21. ENTIRE AGREEMENT 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 22. BINDING EFFECT This Agreement shall inure to the benefit of and be binding upon the respective parties successors. IN WITNESS WHEREOF, the parties hereto have caused their respective agents to execute this instrument on their behalf, at the times set forth below. ATTEST: Marion Swenson, CIVIC City Clerk CITY OF TAMA C Br a Schreiber, Mayor to fop an y: Je L. Miller, City Manager Corporate Secretary Corporate Seal 13 Date WES Y TOWING, INC. Signature of President Printed Name of President Date /1' . le- Q6 CORPORATE ACKNOWLEDGEMENT STATE OF/'��!%� COUNTY OF The foregoing instrument was acknowledged before me this day of j4l!�L&2,04< , 20pdby r C�'Z�G�J"/ '/• (name of officer or agent, title of officer or agent of r� (name of corporation acknowledging),a �1d.3'�_ _ (state or place of incorporation) corporation, on behalf of the corporation. He is rsonall known to me take an oath. (type of identification) as identification and did (did not) 14 Signat o Notary Public — State of Flog'?p&Q STEVEN M. BONAFINO �g, rC tiMIWON # CC 684501 XPORES SEP 30, 2001 BONDED THRU !iF ATLANTIC Rnumidr_ r^n i.0 Print, Type or Stamp Name of Notary Public 4 EXHIBIT "A" REQUEST FOR PROPOSALS 0 �oR�% BID # 00-14R VEHICLE TOWING SERVICES FINANCE DEPARTMENT PURCHASING DIVISION CITY OF TAMARAC 7525 NW 88TH AVENUE TAMARAC, FLORIDA 33321-2401 .0 , City of Tamarac Finance Department, Purchasing Division 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 724-2408 Website: www.tomarac.org October 23, 2000 ADDENDUM NUMBER 1 VEHICLE TOWING SERVICES RFP NO.: 00-14R All Potential Proposers be advised of the following changes/clarifications to the above referenced project as listed below: Item #1: Replace "Attachment "A" General Conditions/Technical Requirements" Pages 1-14 with the enclosed document. All additions/changes are underlined and red. All other terms, conditions, and specifications shall remain the same. This addendum shall be signed below and submitted with the proposal. If you have any questions, please call (954) 724-2450. 4LYtS. Flurry, CPPO Purchasing/Contracts Manager Signature Of Proposer Date Company Name Equal Opportunity Employer City of Tamarac Finance Department, Purchasing Division 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 724-2408 Website: www.tamarac,org DATE: September 26, 2000 RFP NO. 00-14R REQUEST FOR PROPOSALS ALL INTERESTED PARTIES: The City of Tamarac, Florida, hereinafter referred to as CITY, will receive sealed Proposals at the office of the Purchasing and Contracts Manager, City Hall, 7525 NW 88th Avenue, Tamarac, Florida 33321, for furnishing the services described below: VEHICLE TOWING SERVICES Sealed Proposals must be received and time stamped in by the Purchasing and Contracts Manager, either by mail or hand delivery, no later than 2:00 p.m. local time on Wednesday, November 1, 2000. Any Proposals received after 2:00 p.m. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Offeror. Proposals are subject to the attached Standard Terms and Conditions contained in the Instructions to Offerors. 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 offeror's, or take any other such actions that may be deemed to be in the best interests of the CITY. .�ii 6'�r *L1aXSLFIurry, CPP Purchasing/Contracts Manager Publish: Sunday, October 81h & 151h, 2000 Page 1 of 4 Equal Opportunity Employer x I. PRE -PROPOSAL CONFERENCE A Pre -Proposal Conference will be held on Wednesday, October 18, 2000, at 10:00 a.m. in Conference Room 204 of City Hall, 7525 NW 88th Avenue, Tamarac, Florida 33321. The purpose of the Pre -Proposal Conference is to discuss the contents of this Request for Proposal and Offeror's inquiries. II. STATEMENT OF THE WORK The City of Tamarac is seeking proposals from qualified proposers, hereinafter referred to as the Contractor, to provide Vehicle Towing Services inclusive of labor, materials and equipment in accordance with the terms, conditions, and specifications contained in this Request for Proposals (RFP). See Attachment "A". III. SCOPE OF SERVICES IV. PROPOSAL REQUIREMENTS 1. Scope of Services Proposed Clearly describe the scope of services proposed inclusive. A brief statement must be included which explains why your approach and plan would be the most effective and beneficial to the residents of the City of Tamarac. The proposal must address a commitment to continuous provision of the scope of services proposed within the contract period. 2. Firm Qualifications This section of the Proposal should give a description of the firm, including the size, range of activities, etc. Particular emphasis should be given as to how the firm -wide experience and expertise in the area of Vehicle Towing Services will be brought to bear on the proposed work. This section must also identify the contact person supervisory personnel who will be responsible for the provision of services. 3. References Provide a list and description of similar services satisfactorily performed within the past three (3) years. For each engagement listed, include the name and telephone number of a representative for whom the engagement was undertaken who can verify satisfactory performance. Page 2 of 4 M .I 4. Price Proposal Submit your signed, firm, fixed fee performance -based price proposal for providing all services, materials, etc., required for services to the public in accordance with your technical proposal and the annual franchise fee payable to the City of Tamarac. 5. Proposal Copies Submission of five (5) copies of the proposal should be submitted to the City of Tamarac, City Hall, 7525 NW 88th Avenue, Tamarac, Florida 33321, to the attention of Lynda S. Flurry, Purchasing and Contracts Manager. 6. Addenda, Additional Information Any addenda or answers to written questions supplied by the City to participating Offeror's become part of this Request for Proposal and the resulting contract. This Proposal form shall be signed by an authorized company representative, dated and returned with the Proposal. No negotiations, decisions or actions shall be initiated or executed by the Offeror as a result of any discussions with any City employee. Only those communications which are in writing from the Purchasing and Contracts Manager may be considered as a duly authorized expression. Also, only communications from Offerors which are signed and in writing will be recognized by the City as duly authorized expressions on behalf of the Offeror. V. EVALUATION OF PROPOSALS Evaluation Method and Criteria Proposals will be evaluated in accordance with weighted criteria listed below: POINT RANGE Firm qualifications & capabilities to provide excellent service to the public and the City 0 - 40 References from current and past customers 0 - 20 Cost of Services to Public • •J Franchise Compensation to City 0 - 10 100 Page 3 of 4 Proposals may be selected for an interview prior to a recommendation being presented to the City Commission. As the best interest of the City may require, the right is reserved to reject any and all proposals or waive any minor irregularity or technicality in proposals received. Proposers are cautioned to make no assumptions unless their proposal has been evaluated as being responsive. VI. SCHEDULE OF EVENTS The schedule of events, relative to the procurement shall be as follows: Event 1. Issuance of Request for Proposals 2. Pre -Proposal Conference 3. Opening of Proposals 4. Proposal Evaluations 5. Award of Contract CITY reserves the right to delay scheduled dates. VII. AWARD OF CONTRACT Date (on or by) 10/06/00 10/18/00 1 1 /01 /00 1 1 /02-17/00 12/13/00 The contract or contracts shall be awarded to the responsible Offeror(s) whose Proposal(s) is/are determined to be the most advantageous to CITY, taking into consideration the evaluation factors and criteria set forth in the Request for Proposals. Be advised that the CITY is prepared to award individual contracts for each service or multiple services or any other combination of services as CITY deems in its best interests. VIII. INSURANCE PLEASE HAVE YOUR INSURANCE REPRESENTATIVE CAREFULLY REVIEW ANY INSURANCE COVERAGES AND CONDITIONS PRIOR TO SUBMITTING YOUR PROPOSAL TO ENSURE COMPLIANCE WITH THE INSURANCE REQUIREMENTS OF THE INSTRUCTIONS TO OFFERORS. Page 4 of 4 +Y .. INSTRUCTIONS TO OFFERORS STANDARD TERMS AND CONDITIONS RFP 00-14R 1. DEFINED TERMS 1.1 Terms used in these Instructions to Offerors are defined and have the meaning assigned to them. The term "Offeror' means one who submits a Proposal directly to CITY as distinct from a Sub -Offeror, who submits a Proposal to the Offeror. The term "Successful Offeror" means the qualified, responsible and responsive Offeror to whom CITY (on the basis of CITY'S evaluation as hereinafter provided) makes an award. The term "CITY" refers to the City of Tamarac, a municipal corporation of the State of Florida. The term "Proposal Documents" includes the Request for Proposals, Instructions to Offerors, Proposal, Qualifications Statement, Non - Collusive Affidavit and Public Entity Crime Statement, Corporate Resolution or Letter of Transmittal, Proposal Security and Specifications, if any, and the proposed Contract Documents, if any, (including all Addenda issued prior to receipt of Proposals). The term "CONTRACTOR" shall mean the individual(s) or firm(s) to whom the award is made and who executes the Contract Documents. 2. SPECIAL CONDITIONS 2.1 Any and all Special Conditions that may vary from the General Conditions shall have precedence. 3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 3.1 Before submitting a Proposal, each Offeror must (a) visit the site to familiarize himself with the facilities and equipment that may in any manner affect cost, or performance of the work; (b) consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, or performance of the work, (c) study and carefully correlate the Offerors observations with the Proposal Documents; and (d) notify the Purchasing and Contracts Manager of all conflicts, errors and discrepancies, if any, in the Proposal Documents. 3.2 The Offeror, by and through the submission of a Proposal, agrees that he shall be held responsible for having examined the facilities and equipment; familiarized himself with the nature and extent of the work and any local conditions that may affect the work to be done and the equipment, materials, parts and labor required. 4. SPECIFICATIONS 4.1 The apparent silence of the Specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the Specifications shall be made on the basis of this statement. Page 1 of 10 4.2 For the purpose of evaluation, the Offeror must indicate any variance or exceptions to the stated Specifications, no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Offeror meets all the Specifications in every respect. 4.3 Any manufacturers' names, trade names, brand names, information and/or catalog numbers used herein are for the purpose of describing and establishing a general standard of quality, performance and characteristics and are not intended to limit or restrict competition. The Offeror may offer any brand, which meets or exceeds the specifications for any item(s). If a Proposal is based on equivalent products, indicate on the Proposal the manufacturer's name and catalog number. Offeror shall submit with his Proposal complete, descriptive literature and/or specifications. The Offeror should also explain in detail the reason(s) why and submit proof that the proposed equivalent will meet the specifications and not be considered an exception thereto. The determination of equivalency shall rest solely with the CITY. If Offeror fails to name a substitute, it will be assumed that he is bidding on and he will be required to furnish goods identical to Proposal standards. 5. INTERPRETATIONS AND ADDENDA 5.1 If the Offeror should be in doubt as to the meaning of any of the Proposal Documents, is of the opinion that the Conditions and Specifications contain errors or contradictions or reflect omissions, or has any question concerning the conditions and specifications, he shall submit a written request directed to the Purchasing and Contracts Manager for interpretation or clarification. Such request must reference the date of Proposal opening and Proposal number and should be received by the Purchasing and Contracts Manager at least ten (10) calendar days before the date of the formal opening of the Proposals. Questions received less than ten (10) calendar days prior to the Proposal opening shall not be answered. Interpretations or clarifications in response to such questions will be issued in the form of written addenda by certified mail, return receipt requested, mailed to all parties recorded by CITY'S Purchasing and Contracts Manager as having received the Proposal Documents. The issuance of a written addendum shall be the only official method whereby such an interpretation or clarification will be made. 6. COSTS AND COMPENSATION 6.1 Costs and compensation shall be shown in both unit amounts and extensions whenever applicable. In the event of discrepancies existing between unit amounts and extensions or totals, unit amounts shall govern. 6.2 All costs and compensation shall remain firm and fixed for acceptance for ninety calendar days after the day of the Proposal opening. 6.3 The costs and compensation proposed shall include all franchise fees, royalties, license fees and other costs arising from the use by such design, equipment and/or materials in any way involved in the work as well as all costs of transporting and service to the required locations. Page 2 of 10 7. NON -COLLUSIVE AFFIDAVIT AND PUBLIC ENTITY CRIME FORMS 7.1 Each Offeror shall complete the Non -Collusive Affidavit, and the Public Entity Crimes Form and shall submit the forms with the Proposal. CITY considers the failure of the Offeror to submit these documents to be a major irregularity and may be cause for rejection of the Proposal. 8. CONFLICT OF INTEREST 8.1 The award of any contract hereunder is subject to the provisions of Chapter 112, Florida Statutes. Offerors must disclose with their Proposal the name of any officer, director, partner, proprietor, associate or agent who is also an officer or employee of CITY or any of its agencies. Further, all Offerors must disclose the name of any officer or employee of CITY who owns, directly or indirectly, an interest of five percent (5%) or more in the Offeror's firm or any of its branches or affiliate companies. 9. PERFORMANCE BONDS AND INSURANCE 9.1 Prior to acceptance of the proposal, the Successful Offeror, when required by the Special Conditions, shall submit performance bonds, certificates and/or policies of insurance in the manner, form and amount(s) specified in the Special Conditions. 10. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS 10.1 The following is a summary of documents, which are to be submitted by the Offerors: (a) Proposal and Offeror's Certification (b) Certified Resolution (c) Qualifications Statement (d) Non -Collusive Affidavit (e) Public Entity Crimes Statement (f) Offeror's Corporate Statement (g) Certificate(s) of Insurance (h) Drug Free Workplace Statement 11. SUBMISSION OF PROPOSALS 11.1 Proposals must be typed or printed in ink. Use of erasable ink is not permitted. All corrections to prices made by the Offeror must be initialed. 11.2 Proposals must contain a manual signature of the authorized representative of the Offeror. Proposals shall contain an acknowledgment of receipt of all Addenda. The address and telephone number for communications regarding the Proposal must be shown. Page 3 of 10 11.3 Proposals by corporations must be executed in the corporate name by the President or other corporate officer accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown below the signature. 11.4 Proposals by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5 Proposals shall be submitted at or before the time and at the place indicated in the Request for Proposals and shall be submitted in a sealed envelope (faxed proposals will not be accepted under any circumstances). The envelope shall be clearly marked on the exterior "PROPOSAL FOR VEHICLE TOWING SERVICES THE CITY OF TAMARAC, FLORIDA," and shall state the name and address of the Offeror and shall be accompanied by any other required documents. No responsibility will attach to the Purchasing Office for the premature opening of a Proposal not properly addressed and identified. 11.6 In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable state and federal law, the Request for Proposal and the responses thereto are in the public domain. However, the Offerors are requested to identify specifically any information contained in their Proposals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. 11.7 All Proposals received from Offerors in response to the Request for Proposal will become the property of CITY and will not be returned to the Offerors. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of CITY. 12. MODIFICATION AND WITHDRAWAL OF PROPOSALS 12.1 Proposals may be modified or withdrawn by an appropriate document duly executed (in the manner that a Proposal must be executed) and delivered to the place where Proposals are to be submitted at any time prior to the deadline for submitting Proposals. A request for withdrawal or a modification must be in writing and signed by a person duly authorized to do so. Evidence of such authority must accompany the request for withdrawal or modification. Withdrawal of a Proposal will not prejudice the rights of an Offeror to submit a new Proposal prior to the Proposal opening date and time. After expiration of the period for receiving Proposals, no Proposal may be withdrawn or modified. 12.2 If, within twenty-four (24) hours after Proposals are opened, any Offeror files a duly signed, written notice with CITY and within five (5) calendar days thereafter demonstrates to the reasonable satisfaction of CITY by clear and convincing evidence there was a material and substantial mistake in the preparation of its Proposal, or that the mistake is clearly evident on the face of the Proposal but the Page 4 of 10 intended correct Proposal is not similarly evident, then Offeror may withdraw its Proposal and the Bid Security will be returned. Thereafter, the Offeror will be disqualified from further bidding on the subject Contract. 13. REJECTION OF PROPOSALS 13.1 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 with the Successful Offeror, and the right to disregard all nonconforming, non -responsive, unbalanced or conditional Proposals. Proposal will be considered irregular and may be rejected, if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations, or irregularities of any kind. 13.2 CITY reserves the right to reject the Proposal of any Offeror if CITY believes that it would not be in the best interest of the CITY to make an award to that Offeror, whether because the Proposal is not responsive or the Offeror is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by CITY. SPECIAL CONDITIONS TO INSTRUCTIONS TO OFFERORS 14. QUALIFICATIONS OF OFFERORS 14.1 Each Offeror shall complete the Qualifications Statement and submit the same with his Proposal. Failure to submit the Qualifications Statement and the documents required thereunder with the Proposal may constitute grounds for rejection of the Proposal. 14.2 As a part of the Proposal evaluation process, CITY may conduct a background investigation, including a record check by the Broward Sheriffs Office of Offeror. Offeror's submission of a Proposal constitutes acknowledgement of the process and consent to such investigation. 14.3 No proposal shall be accepted from, nor will any contract be awarded to, any person, who is in arrears to CITY, upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to CITY, or who is deemed irresponsible or unreliable by CITY. 14.4 CITY reserves the right to make a pre -award inspection of the Offeror's facilities and equipment prior to award of Contract. 15. ENVIRONMENTAL REGULATIONS CITY reserves the right to consider Offeror's history of citations and/or violations of environmental regulations in determining an Offeror's responsibility, and further reserves the right to declare an Offeror not responsible if the history of violations warrant such determination. Offeror shall submit with the Proposal, a complete Page 5 of 10 history of all citations and/or violations, notices and dispositions thereof. The non - submission of any such documentation shall be deemed to be an affirmation by the Offeror that there are no citations or violations. Offeror shall notify CITY immediately of notice of any citation or violation, which Offeror may receive after the Proposal opening date and during the time of performance of any contract awarded to Offerors. 16. PERFORMANCE BONDS 16.1 The Successful Offeror shall deliver to CITY within fifteen (15) calendar days after the Notice of Award and shall thereafter maintain in effect throughout the term of the Contract a bond in the amount of ten thousand dollars ($10,000.00). The bond shall be executed by the Successful Offeror as principal, and by a surety company authorized to do business in the State of Florida as a surety with the following qualifications as to financial size and financial stability: The company must be rated no less than class "A" as to financial stability and no less than class "VIII" as to financial size in accordance with the latest edition of A.M. Best's Insurance Guide, published by Alfred M. Best Company, Inc., Ambest Road, Oldwick, New Jersey 08858, if the surety is rated as a licensed carrier by A.M. Best Insurance. The surety shall hold a current certificate of authority as an acceptable surety in accordance with the United States Department of Treasury Circular No. 570. The bond shall be conditioned upon full performance by Successful Offeror of all of the terms of the Contract. The bond must be approved as to form by the City's Risk Manager. 16.2 CONTRACTOR shall further provide CITY with a $2,000 cash bond. Said bond is to be held in escrow during the term of the Agreement to insure that CONTRACTOR provides a prompt response to service requests as delineated in Technical and Operational Requirements, Item #1,_Page 5. 16.3 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 the Agreement. 17. INSURANCE 17.1 Bidder 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 Contractor, its employees, agents, or Subcontractors, if any, with respect to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement. Bidder shall maintain such insurance in full force and effect during the life of this Agreement. Bidder shall provide to the City's Risk Manager certificates of all insurance required under this section prior to beginning any work under this Agreement. Page 6 of 10 18 Bidder shall indemnify and hold the City harmless from any damage resulting to it for failure of either Bidder or any Subcontractor to obtain or maintain such insurance. 17.2 The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract: Limits Line of Business/ Cove Garagekeeper's Legal Liability $75,000 Garage Liability $500,000 per occurrence Workers' Compensation & Employer's Statutory Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. 17.3 Neither Bidder nor any Subcontractor 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 Bidder will ensure that all Subcontractors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. 17.4 All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. 17.5 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. INDEMNIFICATION 18.1 GENERAL INDEMNIFICATION: The CONTRACTOR shall indemnify and hold harmless the CITY, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the CONTRACTOR or its officers, employees, agents, subcontractors, or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the CITY or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is Page 7 of 10 r .1 intended nor shall be construed to waive CITY's rights and immunities under the common law or Florida Statutes 768,28, as amended from time to time. 18.2 The Successful Offeror 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. 18.3 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 Successful Offeror 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. 19. WARRANTIES 19.1 Successful Offeror warrants to CITY that the consummation of the work provided for in the Contract documents will not result in the breach of any term or provision of, or constitute a default under any indenture, mortgage, contract, or agreement to which Successful Offeror is a party. 19.2 Successful Offeror warrants to CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 19.3 Successful Offeror warrants to CITY that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. 19.4 All warranties made by Successful Offeror together with service warranties and guaranties shall run to CITY and the successors and assigns of CITY. 20. NONDISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Successful Offeror shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The Successful Offeror will take affirmative action to ensure that employees are treated during employment, without regard to their race, creed, color, or national original. Such action must include, but not be limited to, the following: employment, upgrading; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Successful Offeror(s) 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. Page 8 of 10 s. r 21. TAXES Successful Offeror shall pay all applicable sales, consumer use and other similar taxes required by law. 22. PERMITS, FEES 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. The costs of all permits, fees, licenses and charges shall be included in the price Proposal except where expressly noted in the specifications requirement. 23. TERMINATION FOR CAUSE AND DEFAULT In the event Successful Offeror shall default in any of the terms, obligations, restrictions or conditions in any of the Proposal documents, CITY shall give written notice by certified mail, return receipt requested to Successful Offeror of the default and that such default shall be corrected or actions taken to correct such default shall be commenced within ten 10 calendar days thereof. In the event Successful Offeror has failed to correct the conditions of default or the default is not remedied to the satisfaction and approval of CITY, CITY shall have all legal remedies available to it, including, but not limited to termination of the Contract in which case Successful Offeror shall be liable for all procurement and reprocurement costs and any and all damages permitted by law arising from the default and breach of the Contract. 24. TERMINATION FOR CONVENIENCE OF CITY Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to Successful Offeror, CITY may without cause and without prejudice to any other right or remedy, terminate the agreement for CITY's convenience whenever CITY determines that such termination is in the best interests of CITY. Where the agreement is terminated for the convenience of CITY, the notice of termination to Successful Offeror must state that the Contract is being terminated for the convenience of CITY under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, Successful Offeror shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding subcontractors and purchase orders to the extent that they relate to the terminated portion of the Contract and refrain from placing further orders and subcontracts except as they may be necessary, and complete any continued portions of the work. 25. AUDIT RIGHTS CITY reserves the right to audit the records relating to this contract of Successful Offeror at any time during the performance and term of the Contract and for a period of three (3) years after completion and acceptance by CITY. If required by CITY, Successful Offeror shall agree to submit to an audit by an independent Page 9 of 10 r W ,1 certified public account selected by CITY. Successful Offeror shall allow CITY to inspect, examine and review the records of Successful Offeror at any and all times during normal business hours during the term of the Contract. 26. ASSIGNMENT 26.1 Successful Offeror shall not assign, transfer or sell the Contract or its rights, title or interests or obligations therein without CITY'S prior written approval. 26.2 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 and all rights, title and interest of Successful Offeror shall thereupon cease and terminate. 27. COST ADJUSTMENTS The cost(s) to the public and franchise fees shall remain firm for the initial thirty (30) months of the five (5) year contract term. Public and franchise fees for the second thirty (30) month term shall be subject to adjustment based on changes and/or increases within the industry. Such increases shall not exceed 5%. 28. TERM OF CONTRACT The initial contract period shall be for five (5) years beginning on January 1, 2001 and terminating on December 31, 2006 with the option of one (1) - five (5) year renewal period providing approval by City Commission for a total cumulation of ten (10) years. Page 10 of 10 ATTACHMENT "A" GENERAL CONDITIONSITECHNICAL REQUIREMENTS VEHICLE TOWING SERVICES GENERAL CONDITIONS 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. 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. 2. PERMIT FEES Annual permit fees shall be payable by four equal quarterly payments, in advance and shall be due on the first business day of the contract quarter. If permit 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 permit fees are more than twenty (20) days late, contractor is subject to suspension or cancellation at the City's sole option. 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. Page 1 of 14 5. CITY VEHICLES Contractor shall recover and tow City 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. 6. ESTIMATED QUANTITIES Based upon reports provided by a prior contractor, 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. 7. 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: A. Subcontracting shall be allowed for recovery and towing only, not for storage operations except abandoned or derelict "dead" vehicle storage. B. 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. C. Subcontractors shall not be used for critical accident emergencies or street blockage calls. D. Contractor shall be held fully responsible for subcontractors performance and insurance coverage. E. City reserves the right, at its sole option, to withdraw approval of a particular subcontractor by giving the Contractor written notice. F. 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. 8. SUSPENSION Should at any time during the term of this contract, including any option terms, the Contractor be in violation of any of the terms and conditions of this contract, the City shall have the right to suspend the 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 Page 2 of 14 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. 9. SPECIAL SERVICES If additional duties, similar to those contained in the Technical Specifications of this RFP, but not specified in that part, 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. 10. ASSIGNMENT/STOCK TRANSFER This contract shall not be assigned, sold, or transferred unless the Contractor obtains prior City written permission. If the Contractor is a corporation other than a publicly held corporation subject to regulations by the U.S. Securities and Exchange Commission or by the State of Florida Department of Banking and Finance, such corporation shall include a list of its shareholders with its proposal. The City will reserve the option to terminate the contract upon any change in ownership of the corporation's stock, whether from the transfer of authorized and issued shares, the issuance of authorized but unissued shares, or the issuance of any additional shares, authorized by increases in capital stock limitations. 11. 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 his choice, or requesting that his vehicle be towed to a garage location or compound of his 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. 12. BENEFIT FROM REPAIRS The Contractor shall not engage directly, or indirectly without prior 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, he shall so state in his proposal and list the specifics. The specific circumstances and relationship of the Contractor to these peripheral activities will be reviewed Page 3 of 14 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, he shall immediately notify the City in writing. Failure to do so could result in termination for cause. 13. 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. 14. 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, 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 sending of a review, Contractor may respond to the review in writing and the parties shall meet to discuss the review and other pertinent subjects. A final report which will consist of the review, Contractor's written response, and a summary of the semi-annual review meeting will be prepared by the City Staff, with a copy sent to the Contractor. Contractor performance on performance reviews will be an important consideration in determination of an extension term. 15. STATE SALES TAXES Contractor shall be responsible for collecting and transmitting to the proper agency all applicable state sales taxes in accordance with the latest regulations and revisions to State Statutes. 16. REQUIRED LICENSING The Contractor shall at all times be a holder of a general towing and wrecker service license issued by Broward County, and have current decals issued by Broward County for all towing vehicles. The Contractor must also have all necessary State, County, City, and local licenses and permits as may be required to operate this type of business. Page 4 of 14 17. 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. TECHNICAL AND OPERATIONAL REQUIREMENTS The Contractor shall be a holder of a general towing and wrecker service license issued by Broward County, be in good standing currently and such Contractor or business shall have been conducted actively for a minimum of three (3) years. The Contractor must also have all necessary City, county and local licenses and permits as may be required to operate this type of business. 1. RESPONSE TIME The contractor is to respond (arrive at the scene) within fifteen (15) 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. The Contractor assumes all liability in meeting the fifteen (15) minutes 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: 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 twenty-four (24) hours of notice. 2. 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. Page 5 of 14 3. 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. 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. 4. 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. 5. 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 Page 6 of 14 1% - 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. A. Class "A" Towing/Recovery Vehicle Specifications Quantity: 6, including flatbed car carriers 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. 2. A minimum of one hundred feet of 3/8-inch cable. 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. 4. Dual rear wheels. 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. 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. B. Class "C" Towing/Recovery Vehicle Specifications Quantity: 2 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. 2. A minimum of two hundred (200) feet of at least 5/8-inch cable on each drum. 3. Air brakes so constructed as to lock the rear wheels automatically upon failure. Air brake system to supply air to disabled vehicles. 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. 5. Dual rear wheels. C. 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 Page 7 of 14 ir demonstrate, to the satisfaction of the City, that such equipment is immediately available when the need for this infrequently used equipment occurs. Lowboy specifications: 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 a minimum of two (2) vehicles available at all times to respond within 15 minutes to an emergency scene, on a twenty-four (24) hour basis, seven (7) days a week, to assist the BSO or Tamarac Fire Departments with extrication. 6. MISCELLANEOUS REQUIREMENTS A. Wreckers shall be properly equipped with clearance and marker lights and all other equipment as required by the Florida Statutes. B. 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. C. Dollies for all wreckers except for Class "C" and roll back carriers. D. At least one heavy-duty push broom with a minimum width of 24 inches on each wrecker. E. Flood light on the hoist. F. Minimum of one square shovel per each wrecker. G. Minimum of one axe per each wrecker. H. One crowbar or pry bar with a minimum length of 30 inches per wrecker. I. 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. J. One pair of bolt cutters with a minimum 1/2-inch opening per wrecker. K. One set of jumper cables per wrecker. L. One four-way lug wrench per wrecker. M. One flashlight per wrecker. N. Five 30 minute fuses per wrecker. O. One snatch block for each winch, manufacturers rating to match winch, except for roll back carrier. P. External air hookup and hoses for Class "C" trucks. Q. Extra towing chain six to eight feet in length with hooks per wrecker. R. At least six safety cones or triangle reflectors per wrecker. S. Fifty pounds of sand or suitable equivalent per wrecker. T. Motorcycle trailer. 7. 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. Page 8 of 14 r V� - 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. 8. 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. 9. 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 no further than Sunrise Boulevard on the south and the Broward/Palm Beach County Line on the north. 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. A. Inside Storage 1. Paved floor, i.e., concrete or asphalt, free of dirt, standing water and vegetation. 2. Working area of 9' x 20' per vehicle with at least an 8' ceiling. 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. 4. Electrical lighting source sufficient to permit processing of vehicle. 5. One outside window or ventilation system. 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. 7. Contain a minimum of two (2) inside storage spaces. B. Outside Storage 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. 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. Page 9 of 14 3. Must be protected with an alarm system, guard dog, or approved equivalent and enclosed with a solid wall or a substantial wire fence not less than six (6) feet in height. 4. Contractor must provide outside storage, at outside storage rates, unless he receives written instructions from the City or vehicle owner to provide inside storage for that vehicle. 5. 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. C. Office Facilities 1. To include telephone and rest room facilities and workspace such as desk, phone, etc. 2. Physical plant to have name and mailing address clearly painted or a sign on the front of the building. 3. To be separate from any other business or enterprise. 4. Must be accessible 24 hours per day, 7 days per week. 5. There must be 24-hour radio communication, which is staffed 7 days per week. Phone answering services are not permitted. D. Crime Scene Storage 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. 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. 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. 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. 5. 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 periodl'c 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. Page 10 of 14 1 Q. 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. 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. 11. 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. Page 11 of 14 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. Page 12 of 14 17. 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. 18. FORM OF COMPENSATION The CONTRACTOR agrees to accept the following forms of payment at the storage facility and in the field: cash, at least one major credit card, any commercial business check or travelers check. 19. CONTRACTOR FILES/AUDIT Contractor shall maintain at his 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. 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. Contractor agrees to maintain all files directly related to the contract and to make those files available for City inspection. Page 13 of 14 20. 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. Page 14 of 14 PROPOSAL FORM FOR VEHICLE TOWING SERVICES REQUEST FOR PROPOSAL NO. 00-14R SUBMITTED TO: City of Tamarac 7525 NW 88' Avenue Tamarac, Florida 33321 1. The undersigned Offeror proposes and agrees, if this Proposal is accepted, to enter into an Agreement with CITY to perform and furnish all work as specified or indicated in the Proposal and Contract Documents for the Contract price and within the Contract time indicated in the Proposal and in accordance with the other terms and conditions of the Proposal and Contract Documents. 2. Offeror accepts and hereby incorporates by reference in this Proposal Form all of the terms and conditions of the Request for Proposal and Instructions to Offerors, including without limitation those pertaining to the disposition of Proposal Security. 3. The Offeror has become fully informed concerning the local conditions, and nature and extent of work, and has examined all Contract Documents. 4. Offeror has given the Purchasing and Contracts Manager written notice of all conflicts, errors or discrepancies that it has discovered in the Contract and/or Proposal documents and the written resolution thereof by the Purchasing and Contracts Manager is acceptable to Offeror. 5. Offeror proposes to furnish all labor, materials, equipment, machinery, tools, transportation, supplies, services, and supervision for the work described as follows: Vehicle Towing Services 6. Offeror will pay the City a franchise fee of $ City. annually to the 7. Offeror will provide services to the public for the following costs: Page 1 of 9 , w U_ w U) w w O z 'a^ V z 0 0 rru vb/ w IL w w .J D W 2 U U) CD N O z ✓i .� 7 N O N U v O N a �m N y 7 �a •a am ¢w �n m o :5o 'a o _ ao _ •3 x . a NOQ7 m 0.> "0 t m -0 > b m O.OL d IM 'd a N O Q�C9 0 a 0� 0co '+�w U 7 a (DN O N (L � (a .2o 0 d o 70 �a Qca U) w U_ 7 W U) a a z z a a z z f� N m (J E N E 69 Ei4 _a Z w a) a a z z a a z z 69 N N E a ti z L m m L m .C, m. 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F - -, r 0 N P s .. vi a Q. .r E a a a o �= z z z 0 w try h N � CL CLm Q cc vi 91.0 mg vCL � o v` �0�Qaaa O - z z z wo Coro c � N cn 'y Z ar Q 30 0 CL :� 0r m 'm IL ::) o Ch ro .q (a 0 o O m � 7� X _ D CL Q 0 aa) E s 6ck 6t} 6F} N E U m o � T QI � (d � f0 f0 (U U U U U C) U w N N U N cn C O s U fo co a) Y to E N N CCf L U (13 c O 'D (a a) O 7. N .0 N N O CL O a 8. Acknowledgement is hereby made of the following Addenda (identified by number) received since issuance of the Request for Proposal: Addendum No. Date Addendum No. Date Addendum No. Date 9. The following documents are attached to and made as a condition to this Proposal: (a) Proposal and Offeror's Certification (b) Certified Resolution (c) Qualifications Statement (d) Non -Collusive Affidavit (e) Public Entity Crimes Statement (f) Offeror's Corporate Statement (g) Certificate(s) of Insurance (h) Drug Free Workplace Statement 10. PLEASE HAVE YOUR INSURANCE REPRESENTATIVE CAREFULLY REVIEW ANY INSURANCE COVERAGES AND CONDITIONS PRIOR TO SUBMITTING YOUR PROPOSAL TO ENSURE COMPLIANCE WITH THE INSURANCE REQUIREMENTS OF THE INSTRUCTIONS TO OFFERORS. 11 12 13 The CITY reserves the right to award this contract on the basis of any combination of the above items, or all items, in which the CITY deems in its best interests. The correct legal name of Offeror is: City/State/Zip: Telephone No.: Social Security No or Federal I.D. No.: Communications concerning this Proposal shall be addressed to at the following address: Submitted on O Page 5 of 9 OFFEROR'S CERTIFICATION WHEN OFFEROR IS AN INDIVIDUAL IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this day of , 20_____ _ . Witness Witness State of Florida County of By: Signature of Individual Printed Name of Individual Business Address City/State/Zip Business Phone Number 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 the within 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. OPTIONAL INFORMATION: Type of Document: Number of Pages: Number of Signatures Notarized: Page 6 of 9 a iti -w OFFEROR'S CERTIFICATION WHEN OFFEROR IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A FICTITIOUS OR TRADE NAME IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this day of , 20 Witness Witness State of Florida County of Printed Name of Firm By: Signature of Owner Printed Name of Individual Business Address City/State/Zip Business Phone Number 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 the within 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. OPTIONAL INFORMATION: Type of Document: Number of Pages: Number of Signatures Notarized: Page 7 of 9 FEROR'S CERTIFICATION WHEN OFFEROR IS A PARTNERSHIP IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this day of , 20 Witness Witness State of Florida County of Printed Name of Partnership By: Signature of General or Managing Partner Printed Name of partner Business Address City/State/Zip Business Phone Number State of Registration 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 the within 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. OPTIONAL INFORMATION: Type of Document: Number of Pages: Number of Signatures Notarized: Page 8 of 9 y a,v 1 OFFEROR'S CERTIFICATION WHEN OFFEROR IS A CORPORATION IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this day of , 20 (CORPORATE SEAL) ATTEST: By Secretary Printed Name of Corporation Printed State of Incorporation By: Signature of President or other authorized officer Printed Name of President or other authorized officer Address of Corporation City/State/Zip Business Phone Number On this the day of 20 , before me, the undersigned Notary Public of the State of , the foregoing instrument was acknowledged by [Nam e of corporate officer(s) and his/her/their corporate title(s)] of , on (Name of corporation and state or place of incorporation) behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (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. OPTIONAL INFORMATION: Type of Document: Number of Pages: Number of Signatures Notarized: Page 9 of 9 r P.0 IL 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 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 TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of .20 (SEAL) By: Secretary Corporate Title NOTE: 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. 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: City of Tamarac (Purchasing and Contracts Manager) ADDRESS: 7525 NW 88" Avenue Tamarac, Florida 33321 CIRCLE ONE SUBMITTED BY: Corporation NAME: Partnership ADDRESS: Individual PRINCIPAL OFFICE: Other 1 . 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: 0A1 The address of the principal place of business is: If Offeror is a corporation, answer the following: a. Date of Incorporation: b. State of Incorporation: C. President's name: d. Vice President's name: e. Secretary's name: f. Treasurer's name: Page 1 of 6 g. Name and address of Resident Agent: 3. If Offeror is an individual or a partnership, answer the following: a. Date of organization: b. Name, address and ownership units of all partners: C. State whether general or limited partnership: 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? a. Under what other former names has your organization operated? 7. 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. 8. Do you have a complete set of documents, including addenda? (Y) (N) (if any have been furnished) Page 2 of 6 9. 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) (phone number) (name) (address) (phone number) (name) (address) (phone number) 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 1 1 . State the name of the individual who will have personal supervision of the work: 12. State the name and address of attorney, if any, for the business of the Offeror: 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: Page 3 of 6 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: BANK ADDRESS 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 if necessary) Page 4 of 6 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: (use additional sheets if necessary) 20. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: a. List all pending lawsuits which are concerned directly with the staff or part of your organization proposed for the contract: b. List all pending lawsuits which are concerned directly with the staff or part of your organization proposed for the contract: THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS 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) Page 5 of 6 State of Florida County of 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 the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: OPTIONAL INFORMATION: Type of Document: 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. Number of Pages:_ Number of Signatures Notarized: Page 6 of 6 NON -COLLUSIVE AFFIDAVIT State of ) )ss. County of and says that: being first duly sworn, deposes (1) He/she is the , (Owner, Partner, Officer, 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 trough 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. Page 1 of 2 Signed, sealed and delivered in the presence of: Witness Witness State of Florida County of (Printed Name) (Title) 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 the within 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. OPTIONAL INFORMATION: Type of Document: Number of Pages: Number of Signatures Notarized: Page 2 of 2 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. This sworn statement is submitted with Bid, Proposal or Contract No. to the City of Tamarac for 2. This sworn statement is submitted by and (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 and (please 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, 2089, as a result of a jury verdict, non -jury trial, or entity of a plea of guilt or nolo contenders. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or 2. 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 Page 1 of 3 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. 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.) 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, 2089. 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, 2089. 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, 2089. 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. Date: Page 2 of 3 (Signature) ACKNOWLEDGMENT State of Florida County of On this the day of 120 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 the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA SEAL OF OFFICE: (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. OPTIONAL INFORMATION Type of Document: Number of Pages: Number of Signatures Notarized: Page 3 of 3 FOREIGN (NON-FLORIDA) CORPORATIONS MUST COMPLETE THIS FORM DEPARTMENT OF STATE CORPORATE CHARTER NO. If your corporation is exempt from the requirements of Section 607.1501, Florida Statutes, YOU MUST CHECK BELOW the reason(s) for the exemption. Please contact the Department of State, Division of Corporations at (904) 488-9000 for assistance with corporate registration or exemptions. 607.1501 Authority of foreign corporation to transact business required. (1) A foreign corporation may not transact business in this state until it obtains a certificate of authority from the Department of State. (2) The following activities, among others, do not constitute transacting business within the meaning of subsection (1): (a) Maintaining, defending, or settling any proceeding. (b) Holding meetings of the board of directors or shareholders or carrying on other activities concerning internal corporate affairs. (c) Maintaining bank accounts. (d) Maintaining officers or agencies for the transfer, exchange, and registration of the corporation's own securities or maintaining trustees or depositaries with respect to those securities. (e) Selling through independent contractors. (f) Soliciting or obtaining orders, whether by mail or through employees, agents, or otherwise, if the orders require acceptance outside this state before they become contracts. (g) Creating or acquiring indebtedness, mortgages, and security interests in real or personal property. (h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts. 0) Transacting business in interstate commerce. (jl Conducting an isolated transaction that is completed within 30 days and that is not one in the course of repeated transactions of a like nature. (k) Owning and controlling a subsidiary corporation incorporated in or transacting business within this state or voting the stock of any corporation which it has lawfully acquired. (1) Owning a limited partnership interest in a limited partnership that is doing business within this state, unless such limited partner manages or controls the partnership or exercises the powers and duties of a general partner. (m) Owning, without more, real or personal property. (3) The list of activities in subsection (2) is not exhaustive. (4) This section has no application to the question of whether any foreign corporation is subject to service of process and suit in this state under any law of this state. Please check one of the following if your firm is NOT a corporation: (1) Partnership, Joint Venture, Estate or Trust (11) Sole Proprietorship or Self Employed NOTE: This sheet MUST be enclosed with your bid if you claim an exemption or have checked I or II above. If you do not check I or II above, your firm will be considered a corporation and subject to all requirements listed herein. BIDDER'S CORRECT LEGAL NAME SIGNATURE OF AUTHORIZED AGENT OF BIDDER 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 effects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids which 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 bids will be followed if non of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 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 businessOs 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, certify that this form complies fully with the above requirements. Authorized Signature Company Name Igo] SO] kh 901 00M20OR]1Ti1_101[yAIIIIIIIII:1+101101 f7vk rew/T�iWLI-Y&d:1*141:2:1*4ALIk&3 That, pursuant to the requirement of Florida Statute 255.05, we, as Principal, hereinafter called CONTRACTOR, and , as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Dollars ($ ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No.: , awarded the _ day of , 20_, with OWNER for in accordance with drawings (plans) and specifications prepared by which Contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. Fully performs the Contract between the CONTRACTOR and the OWNER for construction of , within calendar days after the date of contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees and costs, including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 3. Upon notification by the OWNER, corrects any and all defective or faulty work or materials which appear within one (1) year after final acceptance of the work. 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force. Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under the Contract, the OWNER having performed OWNER'S obligations thereunder, the Surety may promptly remedy the default, or shall promptly: Page 1 of 4 4.1 Complete the Contract in accordance with its terms and conditions; or 4.2 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Bidder, or, if the OWNER elects, upon determination by the OWNER and Surety jointly of the best, lowest, qualified, responsible and responsive Bidder, arrange for a contract between such Bidder and OWNER, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price," as used in this paragraph, shall mean the total amount payable by OWNER to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the OWNER named herein and those persons or corporations provided for in Section 255.05, Florida Statutes, or their heirs, executors, administrators or successors. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 WITNESSES: (Name of Corporation) Secretary By: (Signature and Title) (CORPORATE SEAL) (Type Name & Title signed above) Page 2 of 4 IN THE PRESENCE OF: INSURANCE COMPANY: M FIX rr= Agent and Attorney -in -Fact (Street) (City/State/Zip Code) Telephone No.: State of County of On this, the day of , 2000, before me, the undersigned Notary Public of the State of the foregoing instrument was acknowledged by (name of corporate officer), (title), of (name of corporation), a (state of corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal Notary Public, State of Printed, typed or stamped name of Notary Public exactly as commissioned ❑ Personally known to me, or ❑ Produced identification: (type of identification produced) ❑ Did take an oath, or ❑ Did not take an oath Page 3 of 4 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing Performance Bond; that , who signed the Bond on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (CORPORATE SEAL) Page 4 of 4 (Name of Corporation) EXHIBIT "B" WESTWAGY TC WI fG 11A C - 3S15 H.W. 49 89FREUr 9rAMARAC. FLCRIDA 33303 () 731-1115 City Of Tamarac October, 30, 2000 Purchasing / Contracts Manager 7525 N. W. 88"' Ave. Tamarac, Florida 33321 Re: BID # 00 -14R VEHICLE TOWING SERVICES CLOSING DATE NOVEMBER 12000 NO LATER THAN 2:00 PM. Dear Lynda S. Flurry, My name is Richard Goldstein, owner and operator of WestWay Towing Inc.. WestWay Towing operates twenty- four hours a day, seven days a week, year round with all licenses in current standing. The main office of WestWay Towing is located at 1010 NSR7, Lauderhill, Florida. Our satellite location at 3818 NW 49 ST. in Tamarac has been at this location for over 10 years. This facility is secured by a SIX-FOOT WALL. WestWay Towing has been approved and will be starting construction on our new ENVIROMENTALLY STATE OF THE ART TOWING AND STORAGE FACILITY located at SR 7 and Oakland Park Blvd, Lauderdale Lakes, Florida. This facility is by far the closest tow facility to the City of Tamarac; actually 1.7 miles from Tamarac City Limits. This enables a faster response time in case of emergencies. This facility has an EIGHT FOOT WALL completely surrounding the facility with an inside storage area for those vehicles requiring protection from inclement weather and capable of storing 60 vehicles. We have a separate air conditioned designated area within our facility with two lifts and tools for vehicles that are being held for crime scene investigation. We are able to prevent physical contamination or deterioration of degradable evidence. At the present time we are responding to adjacent Cities such as Lauderhill, Lauderdale Lakes, North Lauderdale, and Sunrise. Being so close is another plus for your residents. The law states that the owner of the vehicle must release the vehicle from the tow yard before the vehicle can be moved. With many elderly residents having one car per household, WestWay will pick up the stranded resident free of charge, if there is no way for the resident to come down to release the vehicle. WestWay Towing can provide comprehensive towing services to the City of Tamarac residents in a manner equal to or greater than those described in your bid specifications. In addition to providing the basic services WestWay's approach includes special features that make our plan of service most effective and beneficial to the residents of Tamarac. EFFECTIVE APPR ACH BENEFITING RE I� DENTS WestWay Towing is uniquely qualified to effectively accommodate the needs of the City of Tamarac residents. We distinguish ourselves by recognizing the importance of courtesy and customer satisfaction. This is reflected in our mission statement and the following special features of the company. *********MISSION STATEMENT******* WestWay Towing is committed and dedicated to providing its service in a Professional, Efficient, Caring, and Courteous manner to drivers and passengers whose vehicles have become inoperable. Over the past eight years our service to the City of Tamarac has been flawless. The $2000 CASH PERFORMANCE BOND has never been jeopardized in any way for poor service or a bad response time. The City has never been sued by anyone at anytime for any service that WestWay Towing has performed under its contract. **********SPECIAL FEATURES********** 1.ON-CALL CUST MER SERVICE VEHICLE Free transportation is provided to those in need at the scene of an accident or breakdown. Tamarac residents will be taken to their home, local car rental agency, or to our primary office free of charge. WestWay Towing does not allow any customer to be left stranded at a breakdown or accident scene. 2. SAFE ACCESSIBLE LOCATION All Tamarac residents can reach our primary location within minutes. Primary needs of the customer can be met at our main location. In addition to on -site customer conveniences our offices are in safe walking distances to two restaurants, banking facilities, three hotels, and a car rental facility. 3. TRAFFIC HOMICIDE AND CRIME SCENES WestWay Towing has been approved by BSO to service potential Traffic Homicide Accidents. Our employees are experienced in recovering and holding vehicles in strict compliance with the needs of onsite traffic investigations and crime scenes. WestWay Towing has extensive experience in complex recoveries involving Police, Fire, and Emergency Agencies. The indoor storage facility is located at 1010 North State Road 7, Lauderhill., Florida. This facility is equipped with 3 mechanical lifts and a complete tool box to fulfill the investigative needs of the City of Tamarac Police Department. An emergency incoming phone line is provided for the use of the Tamarac Police Department, the number is (954) 731-0473. Also available is a certified weigh station located at 764 N.W. 57 CT, Ft Laud.. WestWay will tow any vehicle to this station for weighing. • • WestWay Towing has experience in all types of towing and recoveries. At the present time WestWay Towing is handling Traffic Homicide scenes for the Broward Sheriffs Office in West Broward County. WestWay has handled some of the most complex recoveries such as the plane crash on Commercial Blvd. to the tractor trailer roll-over on Interstate 95. We shared housing at Tamarac City Hall during Hurricane Andrew, and worked hand in hand with the Broward Sheriffs Office and the Tamarac Fire Rescue to maintain a safe and successful environment. All of our drivers are trained to handle overturned vehicles. More importantly they are trained to service calls in a courteous, and professional manner. 4. MOTOR CLUB FLEX PLAN WestWay has current agreements with some of the major motor clubs to provide service directly to their members. This will benefit the City of Tamarac Police Department with a better response time. Our scope of service is further amplified by applying the following qualifications and service. At this time WestWay Towing is in contract with the Broward Sheriffs Office Unincorporated Areas, City of Weston, City of Tamarac, City of Lauderdale Lakes, City of North Lauderdale, City of Lauderhill, City of Sunrise, Florida Highway Patrol, Broward County Dept. of Transportation, Allstate Motor Club, and most other major motor clubs. WestWay has been servicing the City of Tamarac and the City of Lauderdale Lakes for more then eight years. The City of Lauderhill has been serviced by WestWay for over six years and has just negotiated a new contract for an additional three years. The City of North Lauderdale has renewed their contract for an additional term. Our relationship with these cities is excellent, due to the quality of service we provide them. 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. WestWay Towing has a great business -community relationship and has always been very involved in the City of Tamarac. From the Chamber of Commerce, Tamarac Day, the Veterans Day Parades, local school functions, and the Night Out Against Crime, we have always been a major contributor. We have vehicles at the local schools for truck day and provide destroyed vehicles for DUI awareness. We also make available, for the cities we service, vehicles for Police Dept. stings, as well as cars for your Fire Dept. to destroy so they may keep up with there emergency equipment training. We feel we have a responsibility to give back to the Cities that we service. 0 0 RESPONSE TO GENERAL CONDITIONS ITEM 12. WestWay Towing is solely owned by Richard Goldstein. My son owns Tamarac Paint and Body which has been in business since 1988. Each business is treated totally independently, and customers from WestWay Towing are never forced into a repair situation. Our customers; your residents will always have the freedom of choice in choosing the repair facility that they wish to use. Please feel free to inquire with the cities that are being serviced at this time about this relationship. I'm sure you will be happy with the results. There have been numerous times when WestWay Towing has gone above and beyond, and I would like to share one with you. A young lady was taken out of her vehicle at gun point and her vehicle was taken. The Police Dept. recovered the vehicle and WestWay towed the vehicle to its compound. When the vehicle was finally released from its hold, we gave it back at no charge and had a locksmith come out to make another set of keys so she could take her car. The criminal had thrown her keys away. I gave the keys to her at no charge and received the biggest hug and thank - you. The City received a letter from her telling how she had never been treated like that before, and how WestWay turned her misfortune into a happy ending. WestWay Towing would like to continue servicing the City of Tamarac, and perform the same service that we have shown over the past eight years. ThankYou Sincerel , Richard Goldstein 0 W • KEY INDIVIDUALS AND THEIR EXPERIENCE Brett Holcombe: Operation Manager (954) 475-7777 Twenty years experience in the Towing Industry Business Management Degree; University of North Carolina Experience in overturned vehicles, class A,B,C ASE Certified mechanic with 10 years in motor club towing AAA service award winner Amoco service. award winner Extensive experience with Police agencies in handling accident scenes. Instructs safety classes monthly to all employees to improve on company safety standards. Craig Goldstein General Sales Manager (954) 444-4771 Nineteen years experience in the Towing Industry General Motors Insurance Adjuster Training School Bachelors Degree in Electrical Engineering, Pratt Institute Associates Degree in Electronic Technology, Academy of Aeronautics Past Treasurer, Lauderdale Lakes Community Council City of Lauderhill Boys & Girls Club, Board Member City of Tamarac, Chamber member City of Lauderdale Lakes -Lauderhill Chamber Member Community Alliance for Career and Family Development Founder Activities provider for all local City events from children's sporting events To Night Out Against Crime Parades Michelle Morse Office Manager Dispatch Supervisor (954) 731-1115 Special expertise in vehicle disposal requirements and documentation Coordinates Law enforcement with stolen vehicle information Interacts with computerized DMV services to provide vehicle ownership information. Trained and experienced in distinguishing priority calls Tow Truck Operators Fifteen operators are trained and skilled to coordinate the prompt performance of their services with and as directed by local law enforcement. All drivers are trained and skilled in the effective operation of their wreckers. They are also experienced in evaluating and providing the services necessary for the removal of overturned vehicles, crushed vehicles, and submerged vehicles. All drivers are attired in official company uniforms. They are specially trained to assist and accommodate motorists and passengers who are at the scene of any breakdown or accident as described in our Scope of Service. This includes arranging for WestWay's "ON CALL" Customer Service Vehicle to transport motorists and passengers at the time of an accident or Break down location to their Broward County home or our executive offices, or even to a rental car office. WestWay Towing has Certified Divers available 24 hours a day. E UIPMENT AVAILABLE 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 2000 GMC With Century Express Wrecker CLASS A 2000 Freightliner with Century 2 Car Carrier with Wheel lift SERVICE 2000 Chevrolet 1500 with Wheel lift Emergency CLASS D 1999 Volvo Tractor with 1999 Fontaine Detachable Lowboy CLASS D 1999 Volvo Tractor with 1999 660 Landoll Carry -all CLASS A 1999 Nord Super Duty with Dynamic Wrecker Unit CLASS A 1999 Mitsubishi FH Century 2 Car Carrier with Wheel lift CLASS A 1999 Mitsubishi FH Century 2 Car Carrier with Wheel lift CLASS A 1999 International with Century 2 Car Carrier with Wheel lift CLASS B 1999 International Class B Flatbed with Wheel lift CLASS D 1998 Volvo Tractor with 1999 Landoll 660 Carry -all CLASS D 1998 Volvo Tractor with 1999 Fontaine Detachable Lowboy CLASS B 1998 Inter.4700 Crew Cab Wrecker with Challenger 614 Wheel lift unit CLASS A 1998 International 4700 21 Foot Steel Two Car Flatbed with Wheel lift CLASS A 1998 International 4700 21 Foot Steel Two Car Flatbed with Wheel lift SERVICE 1998 Ford 150 4 BY4 Emergency Response Vehicle and Service Vehicle CLASS D 1996 International Loadstar with 2000 930 Landoll Trailer CLASS C 1989 Peterbuilt 377 with 1995 Challenger 50-30 Ton Wrecker In addition to this fleet WestWay Towing has designed a special Traffic Homicide Trailer which is a 1994 22 foot carpeted trailer containing High and Low Pressure Air Cushions 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 PROPOSAL FORM FOR VEHICLE TOWING SERVICES 0 REQUEST FOR PROPOSAL NO. 00-14R SUBMITTED TO: City of Tamarac 7525 NW 881h Avenue Tamarac, Florida 33321 The undersigned Offeror proposes and agrees, if this Proposal is accepted, to enter into an Agreement with CITY to perform and furnish all work as specified or indicated in the Proposal and Contract Documents for the Contract price and within the Contract time indicated in the Proposal and in accordance with the other terms and conditions of the Proposal and Contract Documents. 2. Offeror accepts and hereby incorporates by reference in this Proposal Form all of the terms and conditions of the Request for Proposal and Instructions to Offerors, including without limitation those pertaining to the disposition of Proposal Security. 3. The Offeror has become fully informed concerning the local conditions, and nature and extent of work, and has examined all Contract Documents. 4. Offeror has given the Purchasing and Contracts Manager written notice of all conflicts, errors or discrepancies that it has discovered in the Contract and/or Proposal documents and the written resolution thereof by the Purchasing and Contracts Manager is acceptable to Offeror. 5. Offeror proposes to furnish all labor, materials, equipment, machinery, tools, transportation, supplies, services, and supervision for the work described as follows: Vehicle Towing Services 6. Offeror will pay the City a franchise fee of $ C) annually to the City. 7. Offeror will provide services to the public for the following costs: • Page 1 of 9 C� 2 O 0 (D d c7 '° "•' (n o o w in_ = a � " 0 FD• �c Z x N O ca 3 cn `D N w n 0 � � w o O g a 77 O a 'a {7 p_ a C m co N N 0 to d I 1 n WC-L CD N - pol CD a 0 Cl) n) O O CD H 0) 10 CD 2 {yq w S, CD o ac 0 a W N C Q v m n 0 0 w n n 0 Q w CD Z c a m � !� ny (D L1 w -� � C O ¢ro > (n C n a> (D a n) ry "O c O Q� y; (n G o � Z �. a � � 0 p� � � 0 � - n , � s O G) O CD C 7 CD a 0 xN 0 0=0 ©�0 °`� O N=o ca CD N CD r dN C S C-0 OC N cn w �"I C-0 OC CL (n CN N I (D O in 0 0) .; fD. � ^ o — w @ •- c� (D= yCD °' $o D M= Nm = =r 0 w -v C) (D m m O ro w m m w -1 YU' p$ C 7 a y a C n n rw � O m O N —w a O CD m X N' (D 0 _ (D a x (n �_ (D (D (D �" N N N vN = �� ? 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Acknowledgement is hereby made of the following Addenda (identified by number) received since issuance of the Request for Proposal: Addendum No.�_ Date /d Z3 Ztrcrn Addendum No. Date Addendum No. Date 9. The following documents are attached to and made as a condition to this Proposal: (a) Proposal and Offeror's Certification (b) Certified Resolution (c) Qualifications Statement (d) Non -Collusive Affidavit (e) Public Entity Crimes Statement (f) Offeror's Corporate Statement (g) Certificate(s) of Insurance (h) Drug Free Workplace Statement 10. PLEASE HAVE YOUR INSURANCE REPRESENTATIVE CAREFULLY REVIEW ANY INSURANCE COVERAGES AND CONDITIONS PRIOR TO SUBMITTING YOUR PROPOSAL TO ENSURE COMPLIANCE WITH THE INSURANCE REQUIREMENTS OF THE INSTRUCTIONS TO OFFERORS. 11. The CITY reserves the right to award this contract on the basis of any combination of the above items, or all items, in which the CITY deems in its best is interests. • 12. The correct legalname of Offeror is: City/State/Zip: Telephone No.: Social Security No. or Federal I.D. No.: (o 13. Communications con c ning this Proposal shall be addres ed to L OI1�� at the followin address: L Submitted on zo — / , 2000 Page 5 of 9 OFFEROR'S CERTIFICATION • 14D WHEN OFFEROR IS A CORPORATION IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this day of , 20�. Printed Name of Corporation �Cy Printed State of Incorporation Signature of President or other authorized officer (CORPGRATE SEAL) Printed Name of President or other authorized officer ATTEST: Address of Corporation r Secretary City/State/Zip �� �967 Business Phone Number On this the �o day of Oc-rc)S&C , 20 oo , before me, the undersigned Notary Public of the State of _.��A , the foregoing instrument was ackngvledged by e off orRorate officer(s) and his,,/tiff/their corporate title(s)] of /V"/ p 10111 (Name of corporatiorf and state or place of incorporation) behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLI STA OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: + �'.` Ernie Brett Holcombe * My COmmission CC632552 ExPlros March 24, 2001 '�i yr rtiv� 3zq t{o l om-ary (Name of Notary Public: Print, Stamp, or Type as Commissioned.) 0 Personally known to me, or ❑ Produced identification: (Type of Identification Produced ❑ DID take an oath, or ❑ DID NOT take an oath. OPTIONAL INFORMATION: Type of Document: Number of Pages: Number of Signatures Notarized: Nam Page 9 of 9 CERTIFIED RESOLUTION / (Name), the duly elected Secretary of cam,- (Corporate Title), a corporation organized and existing under the laws of the ,moo , do hereby certify that the following Resolution was State of 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 HEREB RESOLVED THAT A0.V14_1W >�r�(Name)"- the duly Cor orat Titte)ted e �Si�gr (Title of Officer) ofir� ( p and is hereby authorized to execute and submit a Bid an 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. Aurther certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this C� day of Oc , 20 00 (SEAL) By Secrr4ary Corporate Title NOTE:' 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 Tthe City, of Tamarac that the person signing the Bid and Bid Bond for the corporation has been operly empowered by the corporation to do so in its behalf. 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: City of Tamarac (Purchasing and Contracts Manager) ADDRESS: 7525 NW 881h Avenue Tamarac, Florida 33321 CIRCLE ONE SUBMITTE BY: �G�i.� 6 C or orate NAME: Partnership ADDRESS: Individual PRINCIPAL OFFICE:,o Other 1 . 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. 6 The correct name of the Offeror is: �/f C The dres of the principal place of business is: /C�0 2 roc 3/I 2. If Offeror is a corporation, answer the following: a. b. C. d. e. f. • Date of Incorporation: 8 State of Incorpore President's name: Vice President's name: Secretary's name: Treasurer's name: Page 1 of 6 // /11/ • 9. 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). G, (name) (address) (phone number) (name) (address) (phone number) 10. (name) (address) (phone number) List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 11. State the name of the individual who will have personal supervision of the work: � I'll, i IiiW State the name and address of attorney, if any, for the business of the 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 percejitage owned of each such business and/or individual: Page 3 of 6 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: (use additional sheets if necessary) 20. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: Ncs a. List all pending lawsuits which are concerned directly with the staff or part of your organization proposed for the contract: b. List all pending lawsuits which are concerned directly with the staff or part of your organization proposed for the contract: • THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS 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—"D/OR CONTRACT. (Signature) • Page 5 of 6 • NON -COLLUSIVE AFFIDAVIT State of "Zo' �piy ) )ss. County of,-z,a�?,r _) l being first duly sworn, deposes and says that: (1) He/she is the (0 ne , Partner, Officer, Re ntative or gent) of the Offeror that has submitted the attached Prop al; (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 trough 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. Page 1 of 2 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. This sworn statement is submitted with Bid, Proposal or Contract No. p0 —/f�iQ �Es%iCL� to the City of Tamarac for :!Ose,,iq r S 2. This sworn statement is spbmjAed by _�7f���`/� �+�✓�37�irJ o 700 /w and (name of entity su6imitting 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 l G and (please print name of individual ' ning) 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, 2089, 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: 1. A predecessor or successor of a person convicted of a public entity crime: or 2. 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 Page 1 of 3 0 ACKNOWLEDGMENT State of Florida County of er On this the o' o day of FlG , 20oo, before me, the undersigned Notary Public of the S to of Florida, perso _ally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. � A WITNESS my hand �—� and official seal. NOTARY PUBLIC, S TE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: M Ernie Brett Holcombe * My Commission CC832652 Expires March 24. 2001 Wt Ti L.0 wtaie (Name of Notary Public: Print, Stamp, Or Type as Commissioned.) )nersonally known to me, or ❑ Produced identification: (Type of Identification Produced ❑ DID take an oath, or ❑ DID NOT take an oath. OPTIONAL INFORMATION Type of Document: Number of Pages: Number of Signatures Notarized: Page 3 of 3 FOREIGN (NON-FLORIDA) CORPORATIONS MUST COMPLETE THIS FORM ///� 4EPARTMENT OF STATE CORPORATE CHARTER NO. If your corporation is exempt from the requirements of Section 607.1501, Florida Statutes, YOU MUST CHECK BELOW the reason(s) for the exemption. Please contact the Department of State, Division of Corporations at (904) 488-9000 for assistance with corporate registration or exemptions. 607.1501 Authority of foreign corporation to transact business required. (1) A foreign corporation may not transact business in this state until it obtains a certificate of authority from the Department of State. (2) The following activities, among others, do not constitute transacting business within the meaning of subsection (1): (a) Maintaining, defending, or settling any proceeding. (b) Holding meetings of the board of directors or shareholders or carrying on other activities concerning internal corporate affairs. (c) Maintaining bank accounts. (d) Maintaining officers or agencies for the transfer, exchange, and registration of the corporation's own securities or maintaining trustees or depositaries with respect to those securities. (e) Selling through independent contractors. (f) Soliciting or obtaining orders, whether by mail or through employees, agents, or otherwise, if the orders require acceptance outside this state before they become contracts. (g) Creating or acquiring indebtedness, mortgages, and security interests in real or personal property. . (h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts. (i) Transacting business in interstate commerce. (j) Conducting an isolated transaction that is completed within 30 days and that is not one in the course of repeated transactions of a like nature. (k) Owning and controlling a subsidiary corporation incorporated in or transacting business within this state or voting the stock of any corporation which it has lawfully acquired. (1) Owning a limited partnership interest in a limited partnership that is doing business within this state, unless such limited partner manages or controls the partnership or exercises the powers and duties of a general partner. (m) Owning, without more, real or personal property. (3) The list of activities in subsection (2) is not exhaustive. (4) This section has no application to the question of whether any foreign corporation is subject to service of process and suit in this state under any law of this state. Please check one of the following if your firm is NOT a corporation: 111 Partnership, Joint Venture, Estate or Trust (II) Sole Proprietorship or Self Employed NOTE: This sheet MUST be enclosed with your bid if you claim an exemption or have checked I or 11 above. If you do not check I or II above, your firm will be considered a corporation and subject to all requirements listed herein. • BIDDER'S CORRECT LEGAL NAME SIGNATURE OF AUTHORIZED AGENT OF BIDDER • 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 effects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids which 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 bids will be followed if non of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 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 Com9a6y Name City of Tamarac Finance Department, Purchasing Division 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 724-2408 Website: www.tamarac.org October 23, 2000 ADDENDUM NUMBER 1 VEHICLE TOWING SERVICES RFP NO.: 00-14R All Potential Proposers be advised of the following changes/clarifications to the above referenced project as listed below: 0 Item #1: Replace "Attachment "A" General Conditions/Technical Requirements" Pages 1-14 with the enclosed document. All additions/changes are underlined and red. All other terms, conditions, and specifications shall remain the same. This addendum shall be signed below and submitted with the proposal. If you have any questions, please call (954) 724-2450. 4L4S. Flurry, CPPO Purchasing/Contracts Man Sin ure Of Pro oser----- Date 01 Company Name /C) .30-- 0u Equal Opportunity Employer Dec-01-2000 09:41am From-GULFCOOT UNDERWRITERS 727-728-1952 T-S71 o nm /nm C-OC9 eca�4! C RTIIFI ATE OF LIABILITY INSURANC 10 1Cs 1'W 1 1 30/00 oul f CAamir UUdeswrizers THIS CIERWIMP la ISSUOM AS A 6AATTM OF INFORMATION ONLY ANP CONMRS NO RXIHTS UPON THE CERTIFICATE "OL06R. THIS CERTIFICATO 01050 NOT A14E1Np, EXTEND OR 5601 Mariner St., suite 300 AVER THE COVERAGE AFFORDED BY TmE PaWCWS RaLoW. FL 33609 rhos rbane:813.864-Qii28 Fax:813--8c4-4489 INSURERS AFFORDING COVERAGE � {{mUNED INSURER 5-HESTPOV= INSURANCE COMPAliY- IN6uR6R )Jentway ToWiug SUC ' 18013wa r Heavy TraA4. Div-t5iQU $h as '1 AVALmac 33309 IN ,RERc. IN9l1F{ER D" INSURER II '-%jyFTWUr.Q THE POUCIES OF INSURANCF WSTEA IIEL HAVE BEEN ISSUED TO THE INSURED NA 0150 ABOVF FOR Two POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOWIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER 0WvwNT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSVE0 OR MAY PERTAIN, THE INSURANCE AFFORDED 6Y THE POLICIES DESCRIBED NEFWiN 0 SuB.IECTTO ALL TOE TERMS, ExCwszONS AND CONDITIONS OF SUCH POLICIES, AGMEGATE WM ITS SHOWN MAY HAVE BEEN FKDuCED BY PAID CLAIMS ml Tvra OF 00URANCE ; PQWCYNUMaER h RlrrrB a RALUASIIM EAcm OCCURRRNcf S COMMGRCIAI. GENERAL LLARILITY FAR DAM^00 IAny one Jiro) 5 CW MJ MAQE 0 OCCUR i M90 EXP (Any oo person) S PEFT99Z0NA6 i AOV itv,ouRY S eMNENAL AGGREGATE f neMa.=lAea.TcuM�r,.rruEVfLER PRODuCTe-COMPioPA,rcti S POUCr PRO LOC ALTomac" LaQwTY ANY AuTO COMBINER SINGUf UWT (I—�cjant) F $1, 000, 000 wL OwNED AUT03 ' &Ci074Y INJURY S A x SCMWU EDAUTOS KV9809-0 06/02/00 06/02/01 (parpaeon) X A HIREDAUTOS K89809-•0 06/02/00 06/02/01 A NON.OWNEDAUTO$ 06/02/00 06/D2/01 SoOILr INJURY (Perawfalf X PROPERTY MmaGE I�m aocasnq 4IARAGE w+9KITY Aura ONLY . rz^Ac=0FNT 4 5 1 , 000 000 ANY AUTO S Q R THAN 6A ACC i �, 000 000 A A SYM80L 27 28 29 K80809-0 06/02/00 06/02/01 AIJ ON6Y AW 6$21000 AOO Imcom Amm EACrroccuwrcf I+ j OCC.1R CLAIMS MADE I AS3gR6AATE S I S DEDuCTiBLE t RETENTIoN S s WORKERS COMP151"71014 AND i ETiMLQYLRB' L{AB{41TV GTS R j C EACH AGENT SE } 1 E I. 0I6GAS6 • EA EMPLOYE 5 EL CtSEA9E-POUCYLIMIT I. OTTIER JL K8�809�0 06/02/00 06/02/01 GKLL $100,000 A 06/02/00 06/02/01 ON/CARGO E100,000 OE PTION QF oP INAT+Qhawc+►TnNr4wEN cwelOMs AppEP NY€N MEWflSneC L wROV OORS BRE ATTACAm VgNXCLK SCABA E. ON-XOOK VOLTS XOT APPLY TO VRAICLE9 #9, IZ,12, 13 ,16,17 , 22 . PHYSICAL VAKAGE DZD • $1, 000 C(►TB/COLL. LOCpTIOtT 2- 1010 Kw STATE UP 7 LAUDRUIL.L, FL 3:3319, CURT'IFCIAWRD SOLDER 18 ^K ADDITIONAL INSMWD nMer�nnAre ...nnen FADiT-12 City iif wilmarac Admin bop t 7525 SW 88tlt St. TamraC FL 33321 SnOULD AkY OF THE A"V% Pb9CMER POLICIES BE CANC9LLr-D SEPORE TIME E)IPFRATK OATS THEREOF, T"9 BOU04 N Wft-R WILL ENQEArOR TO IAAL 0 DAYS WROTfEA NOTICE TO ThB CZffrOWA'M ROLDER kAKEP TO TfIE Lw T, 6uT ►+I lwfte To 00 6O sm&)-L IMPOI K NO O"ATION DR "tNL4Y OF ANY Mko uPOM THE WWROL ITS AUENTS OR GONNECTICUT SURETY GROUP BOND NO. SA3145143 FINANCIAL GUARANTEE BOND KNOW ALL BY THESE PRESENTS That we, Westway Towing, Inc. as principal, and STAR INSURANCE COMPANY, a Michigan corporation with principal office at 100 Pearl St., 161h Floor, Hartford, CT 06103 as Surety, are held and firmly bound unto City of Tamarac, Florida in the sum of Ten Thousand and no/100------------($10,000.00 ) for the payment of which sum, well and truly to be made, we bind ourselves, our personal representatives, successors and assigns, jointly, and severally. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH: That whereas the Obligee and Principal have entered into a written agreement regarding Towing & Storage for the City of Tamarac, FL and NOW, THEREFORE: If the Principal shall pay to the Obligee all funds due the Obligee according to the said agreement, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED HOWEVER, that this bond is written upon the following expressed conditions: (1) That no liability shall accrued under this bond until the Obligee has met all of its obligations under the settlement agreement dated 1/l/01 (2) That in no event shall the Surety be liable for more than the total amount of $10,000.00. (3) That the Surety herein may, if it so elects, terminate its obligation under this bond by first giving thirty days written notice of its intention to the Obligee; however, the Surety shall nevertheless remain liable for any and all accrued indebtedness of the Principal incurred prior to the termination date. This bond shall become effective January 1, 2001 and shall expire on January 1. 2002 SIGNED AND SEAL th DAY OF December 2000. estw T �r- WITNESS 47z�w PRINCIPAL STAR INSURANCE COMPANY WITNESS CAROL L. FRITZ , A Y-IN-FACT LEN FELDMAN Dn5 wme,&AGENCY, INC 1515 N.UNIVERSITY DRIVE -SUITE 213 CORAL SPRINGS, FL. 33071-6086 TEL 9954 575-0011 FAX #954 575-0017 E MAIL- an82I 390ant r^. rilY roc ' nl 1' 4 3 L. FELDMAN 1 NS. AGENCY 049 P01 I, STAR INSURANCE COMPANY i' Change Ridcr I -1ms ridor i9 to be'attached to and forn, a pan of the abova dasanbed bond. Xilartsidatati4tt of the additional or return premium shown above the Surety hareby gives its conyaat to �F—S.e damcg1latiQn CiaunA! written n4We to Q written notice to t} { Provided, howavpr, that the aggregate liability of the Surety for any one or more losses occur -Inn Prior to the affective dato of cbapge ahalj not exceed 10,000 f _ a$pr said date not exceed __.,� .or for any one or more losses occt,miug 1 eed- �10,000 It 10 further understood tbdt in no event shall the Suretys liability be cumulative. Signed and dated oft 4quarY 1, 2001 (Ntnngi, day, year) STAR INSURANCE COMPANY By ham Accepted Carol L, Figz, Attorney -in -Fact . City of Tamarac 1. ;$ � ti - j: STAR INSURANCE COMPANY GENERAL POWER OF ATTORNEY SA 314 514 3 NO.. (Void unless numbered in red.) KNOW ALL MEN BY THESE PRESENTS, that Star Insurance Company has made, constituted and appointed, and by these presents does make, constitute and appoint CAROL L. FRITZ OF HARTFORD. CONNECTICUT. its true and lawful attorney -in -fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, underU"gs and contracts of ALL O�LIGhi to be�ES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of TWO MILLION FIVE HUNDRED THOUSAND ($2,500,000) DOLLARS. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 7th day of January, 1993. "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the Company be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney -in -fact named in the given Power of Attorney to execute in behalf of the Company bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." IN WITNESS WHEREOF, STAR INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Senior Vice Presidents and attested by the Secretary this 4th day of February 1997, Attest: STAR INSURANCE COMPANY F4er,�e��+ • " SEAL By Michael G. Costello, Secretary Marc S. Winner, Senior Vice President STATE OF MICHIGAN } } ss.: COUNTY OF OAKLAND } On this 4th day of February, 1997, before me personally came Marc S. Willner, to me known, who being by me duly sworn, did depose and say that he is a Senior Vice President of STAR INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. APRIL M. ROBINSON NOTARY PUBLIC-OAKLANDCOUNTY, MI MY COMMISSION EXPIRES 03113/% NOTARY PUBLIC My Commission Expires: CERTIFICATE I, the undersigned, of STAR INSURANCE COMPANY, a Michigan corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the city of Southfield in the State of Michigan. Dated the 6 t h day of December 2000 Michael G. Costello, Secretary THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREY SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HANDLCORNER. THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK -HOLD AT AN ANGLE TO VIEW. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT, YOU ARE URGED TO CONTACT OUR POWER OF ATTORNEY CUSTODIAN AT 1-80G-262-5252. CSO 000756 Rev. 7/97 6030-Feb. 97 ' k`s-"%'•�".�1 .y-*'4 •.�^w�r6.:• ,:;ti'k. - ;v: Si�. err: `"ir:•`.:` - jr - y'•n'-r�•. `n�.� ✓"..,, , .tJ rw t"'r.il r.n .n• ,. . , ,. 's•- cxnibit D CITY HAIL * PAYMENT * * REPRINT * * WESTWAY TOWING 92—ii/CSHR 27000.00 ------------ AMOUNT PAID AMOUNT TENDERER 27000.00 CHANGE = 0.00 -i - i4 08-13-92 J.9*1*8992*0*25 48820 O8i3Ri*67735 OPERATOR a TAH * * THANE: YOU * *