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R19-155
RESOLUTION NO. R19-155 N A RESOLUTION OF THE CITY OF BOYNTON BEACH, 11 FLORIDA, APPROVING AN AWARD OF RFP # 024-2110- 19/RW AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A TWO (2) YEAR CONTRACT WITH BECK'S ii ril TOWING & RECOVERY, INC. FOR TOWING & STORAGE i SERVICES; AND PROVIDING AN EFFECTIVE DATE. 11 WHEREAS, on October 23, 2019, Procurement Services opened and tabulated three 1 (3)proposals for RFP# 024-2110-19/RW for Towing & Storage Services; and 1 i WHEREAS,the proposals were reviewed by an evaluation committee which consisted 11:1 of representatives from Police, Public Works, Fire Rescue and Community Standards; and 11 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation 11 of staff,deems it to be in the best interest of the citizens of the Cityof Boynton Beach to award M Y 1 y RFP No. 024-2110-19/RW for "Towing & Storage Services" to Beck's Towing & Recovery, 1f Inc., and authorize the City Manager to sign a two (2) year Contract with three (3) one-year 1 renewals with Beck's Towing& Recovery, Inc. 1 i NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2i being true and correct and are hereby made a specific part of this Resolution upon adoption. 2c Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 2approves the award of RFP No. 024-2110-19/RW for"Towing & Storage Services" to Beck's 21 Towing& Recovery, Inc.,and authorize the City Manager to signa two (2)year Contract with 2i three(3)one-year renewals with Beck's Towing&Recovery, Inc.,a copy of which is attached 2/ hereto as Exhibit"A". 2i Section 3. That this Resolution shall become effective immediately. 2s S:\CA\RESO\Agreements\Award RFP and Towing Contract(2019)-Reso.docx -1 - 3� PASSED AND ADOPTED this 301 day of December, 2019. 31 CITY OF BOYNTON BEACH, FLORIDA 3 33 YES NO 34 35 Mayor—Steven B. Grant ✓ 33 37 Vice Mayor—Justin Katz t/ 33 33 Commissioner—Mack McCray 4a 41 Commissioner—Christina L. Romelus 42 43 Commissioner—Ty Penserga 44 45 VOTE 510 43 ATTEST: 47 43 43 53 C stal Gibson, M C 51 City Clerk 52 53 54 (Corporate Seal) • S:\CA\RESO\Agreements\Award RFP and Towing Contract(2019)-Reso.docx -2- BECK'S TOWING & RECOVERY, INC. TOWING FRANCHISE AGREEMENT WITH THE CITY OF BOYNTON BEACH CONTRACT NO. 024-2110-19/RW THIS AGREEMENT, dated the \a day of 'ems is between: THE CITY OF BOYNTON BEACH, a municipal corporation, with its principal place of business at 3301 Quantum Boulevard, Suite 101, Boynton Beach, Florida 33426, hereinafter referred to as "CITY", and Beck's Towing & Recovery, Inc., a company authorized to do business in the State of Florida, with its principal place of business at 410 N.E. 5th Ave., Boynton Beach, Florida 33435, Tax ID # 65-0653585, hereinafter referred to as "CONTRACTOR". WITNESSETH: WHEREAS, the City Commission of the City of Boynton Beach, Florida, following a competitive selection process has awarded Contractor a non-exclusive franchise agreement to perform towing services in and for the City, subject to execution of a written agreement; and WHEREAS, the establishment of minimum contractual standards of quality and efficiency for emergency recovery, towing and storage services utilized by law enforcement agencies is in the public interest; and WHEREAS, utilization of improper equipment or unqualified operators exposes public safety personnel and others present at an accident or recovery scene to undue safety hazards, results in undue damage to vehicles, and causes excessive delays in clearing the highway and securing the vehicles; and WHEREAS, the City has determined, based on material representations of the Contractor as set forth in the Contractor's response to the City's request for proposals, that Contractor can perform the services in accord with the parameters set forth in the City's Request for Proposals, as amended. NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, CITY and CONTRACTOR hereby agree as follows: ARTICLE 1 SERVICES AND RESPONSIBILITIES 1.1 GENERAL 1.1.1 The CONTRACTOR,for and in consideration of the agreements of the CITY herein contained, agrees to remove vehicles from the streets or other property within the CITY, or from any other location, as directed by authorized representatives of the CITY as specified in EXHIBIT "A" SCOPE OF SERVICES hereby made ap art of the agreement. 1.1.2 The CONTRACTOR agrees that in the performance of this Agreement, it will not 1 discriminate or permit discrimination in its hiring practices, or in the performance of this Agreement, against any person on the basis of his or her race, sex, religion, political affiliation or national origin. 1.1.3 The CONTRACTOR understands that nothing in this Agreement will prevent the owner or operator of a motor vehicle from calling a wrecker or tow truck of his own choice or requesting that his or her vehicle be towed to a garage or compound other than that of the CONTRACTOR. 1.1.4 The CONTRACTOR shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement, except as otherwise specifically provided for herein, and all work performed under this Agreement shall be done in a professional manner. 1.1.5 The CONTRACTOR hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with CONTRACTOR, that CONTRACTOR has the professional expertise, experience and manpower to perform the services to be provided by CONTRACTOR pursuant to the terms of this Agreement. 1.1.6 The CONTRACTOR agrees to permit members of the CITY's Police Department or other authorized CITY personnel to inspect its compound(s), equipment, stored vehicles, personal property and records, relative to this Agreement, whenever, in the opinion of said representatives of the CITY, such inspection is deemed reasonably necessary. 1,1.7 All terms and conditions of the City Request for Proposals and all responses by Contractor are incorporated by reference and shall constitute the material provisions of this Agreement as though set forth herein. The City's Request for Proposal and Addendum 1 & 2, ae attached as EXHIBIT "D" and the Contractor's Proposal and Best and Final Offer are attached as EXHIBT"E", which are made a part of the contract. ARTICLE 2 MINIMUM STANDARDS 2.1 THE COMPOUND 2.1.1 The Contractor shall operate, maintain and provide a secured storage facility(s)for impounded and confiscated vehicles. Storage facility may not be subcontracted. The storage area must have a durable surface, properly drained and enclosed. No repair work or servicing of vehicles shall be permitted in the storage area. Inside storage to handle a minimum of 15 vehicles, properly spaced to provide access for removal or addition of vehicles. 2.1.2 The City desires to have a minimum of 100 vehicle spaces available for outside storage, properly spaced to provide access for removal or addition of vehicles. Proposers bidding on the following options must have minimum spaces available at time of proposal as stated below: Option I - Single Provider: Minimum 100 spaces; Option II -Two Providers: Minimum 50 spaces each; Option III -Three Providers: Minimum 35 spaces each. This Contract is awarded exercising Option I, Single Provider, requiring a minimum of 100 vehicle spaces available for outside storage, properly spaced to provide access for removal or addition of vehicles. 2 2.1.3 All indoor storage must be located within City Limits. Contractor shall maintain a minimum of 15 indoor storage spaces on site with Office operations which must be located within the City limits, Location of remainder of outside storage site(s) shall not exceed a distance of 10 miles from any city boundary. 2.1.4 Crime Scene Storage facility for vehicles which have been marked "HOLD" by the City of Boynton Beach Police Department relative to a crime scene investigation shall be stored at an inside secured facility within the City limits. 2.1.5 Contractor may operate multiple storage facilities to meet the minimums. 2.1.6 The Contractor shall provide on a 24-hour basis, attendants and sufficient equipment for immediate response to calls for service at the storage location(s)from the City of Boynton Beach Police Department or other Departments. 2.1.7 Storage location sites shall not be changed unless prior written approval is received by the City of Boynton Beach. 2.1.8 Storage location site shall meet or exceed Palm Beach County Towing Ordinance 2010-001 requirements and all applicable City/ County zoning requirements. 2.1.9 Proof of Contractor ownership or lease of the storage facility shall be provided to the City prior to the commencement of the lease and is a condition precedent and ongoing requirement of the Agreement. 2.2 EQUIPMENT 2.2.1 At a minimum, Contractor shall own or lease four (4) Class "A" Towing/Recovery Vehicles and two(2) Class"B"Towing/Recovery Vehicles in their fleet at time of RFP opening to be considered. 2.2.2 Definition of Vehicle Class specifications(A, B, C)shall be per Palm Beach County Ordinance 2011-008 Palm Beach County Towing Ordinance as amended. 2.2.3 Tow Truck Class Specifications: Additionally, Contractor shall, within forty-five(45)days of award, prior to execution of Tow Franchise Agreement and as a condition precedent to engaging in towing activities in the City own or have under lease or under a joint use agreement the following: Option I - Single Provider: One(1) Class "C"Towing/Recovery Vehicle and One(1) Class"D" Towing/Recovery Vehicle. 2.2.4 Additionally, Contractor, at time of RFP shall provide information that Contractor will have access through sub-contract, lease, or joint use agreement, to one (1) Lowboy with capabilities to transport all large-scale City Trucks (Fire Trucks and Sanitation Trucks) at approximately 64,000 lbs. The Lowboy shall have: air ride suspension, power winch, pulling capability 12,000 lbs. minimum for dead pull, air brakes with auxiliary air supply and shall be a minimum 48' long. 2.2.5 All wrecker equipment shall have a current Palm Beach County Towing Operator Permit and a valid Inspection Approval Decal on the equipment. Equipment listed below shall 3 be outfitted at all times with equipment designated on Palm Beach County Vehicle Inspection Form. ARTICLE 3 COMPENSATION AND METHOD OF PAYMENT 3.1.1 The CONTRACTOR shall pay the CITY the sum of One Hundred Twenty-One Thousand and Ninety-Six Dollars ($121,096.00) annually, paid in four (4) installment payments as specified in Exhibit "B" FEES & PAYMENTS, made quarterly. for the privilege of engaging in this Agreement with the CITY. The first payment shall be made on or before December 15, 2019 and thereafter in quarterly each March 15th, June 15th, September 15th, and December 15th. 3.1.2 The CONTRACTOR shall charge for vehicle towing and/or storage in accordance with the schedule of rates attached hereto as Exhibit "C": Palm Beach County Maximum Non-Consent Towing Rates and made a part hereof by reference. 3.1.3 The CONTRACTOR shall directly bill the vehicle owner/operator for towing and storage charges. ARTICLE 4 TERM AND TERMINATION 4.1.1 This is a two (2) year term contract commencing December 15, 2019 and ending December 14, 2021. This contract may be renewed for three additional one-year terms upon mutual agreement of City and Contractor. 4.1.2 This Agreement may be terminated by either party for cause upon thirty (30) days written notice by the CITY to CONTRACTOR in which event the CONTRACTOR shall be paid its compensation for services performed through the termination date. It may also be terminated in whole or in part by the CITY,with or without cause, thirty(30)days written notice by the CITY to CONTRACTOR. In the event that the CONTRACTOR abandons this Agreement or causes it to be terminated, it shall indemnify the CITY against any loss pertaining to this termination up to a maximum of the full contracted fee amount. All finished or unfinished documents, data, studies, plans, surveys, and reports prepared by CONTRACTOR shall become the property of CITY and shall be delivered by CONTRACTOR to CITY. 4.1.3 Notice of intent to terminate, and the reason(s) therefor, shall be given in writing by certified mail, return receipt requested or by hand delivery. 4.1.4 Upon the CITY's notification of intent to terminate for cause, the CONTRACTOR shall have thirty (30) days from receipt of said notice to cure any default, provided, however, that the CONTRACTOR shall have not more than two(2)opportunities to cure in any calendar year; or 4.1.5 The CITY's Police Department may issue a formal reprimand to the CONTRACTOR for any act of omission or commission which, in its sole discretion, is deemed to be a violation of this Agreement. Any number of reprimands shall be grounds for termination of this Agreement and/or removal of the CONTRACTOR from consideration of 4 renewal of the Agreement. The precise number and severity of reprimands thereof to be determined are at the sole discretion of the CITY's Police Department. 4.1.6 Upon the completion of this Agreement or termination by either Party, vehicles marked for confiscation by the CITY's Police Department for use by the CITY's Police Department in accordance with State Statute, will be towed to the Public Safety Building Compound. 4.1.7 This Agreement may also be terminated by the CITY for convenience upon thirty (30) days written notice by the CITY to CONTRACTOR. In the event the Agreement is terminated for convenience, the annual franchise fee shall be prorated. ARTICLE 5 ADDITIONAL PROVISIONS 5.1.1 NOTICE: Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, hand delivery or facsimile transmission with receipt of delivery, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the CONTRACTOR and the CITY designate the following as the respective places for the giving of notice: City: Lori LaVerriere, City Manager City of Boynton Beach 3301 Quantum Blvd, Suite 101 Boynton Beach, FL 33426 Phone: (561) 742-6010 Fax: (561) 742-6011 Copy To: James A. Cherof, City Attorney Goren, Cherof, Doody, & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Phone: (954) 771-4500 Fax: (954) 771-4923 Contractor: Stephanie Beck, Vice President 410 N.E. 5th Avenue BOYNTON Beach, FL 33435 Phone: 561-369-1096 Fax: 561-369-0698 Email: beckstowing@aol.com 5.1.2 ASSIGNMENT/AMENDMENTS. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by the CONTRACTOR without the prior written consent of CITY. For purposes of this Agreement, any change of ownership of CONTRACTOR shall constitute an assignment which requires CITY approval. However, this Agreement shall run to the CITY and its successors and assigns. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 5 5.1.3 NO CONTINGENT FEES. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement, without liability, at its discretion and to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 5.1.4 BINDING AUTHORITY. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 5.1.5 HEADINGS. The headings contained herein are for the convenience of reference only and shall not be considered for the purpose of interpreting the provisions of this Agreement. 5.1.6 EXHIBITS. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits, even if not physically attached, should be treated as part of this Agreement and are incorporated herein by reference. 5.1.7 SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 5.1.8 GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 5.1.9 LEGAL REPRESENTATION. It is acknowledged that each party to this agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply herein due to the joint contributions of both parties. 5.1.10 EXTENT OF THE AGREEMENT. This Agreement represents the entire and integrated agreement between the CITY and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 5.1.11 ATTORNEY'S FEES AND COSTS. In connection with any litigation arising out of or in connection with the Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 5.1.12 PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 6 A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 GIBSONC@BBFL.US 5.1.13 SCRUTINIZED COMPANIES --287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. DATED this 21 day of tf " Bei►' I be Y _ 20 1°1 CITY OF BOYNTON BEACH BECK'S TOWING & RECOVERY, INC. c_ eille,...&....0.6 illib; )-)CeA ") Lori LaVerrie ,City Manager « ,Vice President Attest/Authenticated: `�` .. ��C� e 't b 4 A., ♦0i- t•I Iii, /.,t // ZI1A.AP - : 12/ku .. 1r, .01 i (Corporate Seal) ,r _ Gibson, City Clerk - • fi ''N a 4 Approved as to Farm: Attest/Authenticated: / J r 'es A. C = 2rr Attorney --- Secretary STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument wa adcn ged befo me this r)15\ day of kb�41A V ,2019 by� � )1efeCY of r ?YICKS -VD( 1\dr, and acknowledged (s)he executed the foregoing Agreement as the proper official of -GVc-rD/l)i t , for the use and purposes mentioned in it and they affixed the ocial seal of the coration, and that the instrument is the act and deed of that corporation. L)&7_1 L 1,_, _)a)lt BRANDI COOK (Signature of Notary Public-State of Florida) (II, MY COMMISSION FF969376 0(PIRES:ISJUN 08#,2020 Bonded through 1st State Immo (Print,Type or Stamp Commission Name of Notary Public) Personalty Known OR Produced Identification Type of Identification Produced __ s EXHIBIT A SCOPE OF SERVICES Page 1 Of 2 1.0 Scope of Work The Contractor will supply the City of Boynton Beach towing services. The Contractor will be required to enter into a Franchise Agreement with the City. Contractor should be primarily engaged in towing services. Business interests in automotive/truck repairs, paint and body, salvage,junkyard, or recycling business must be disclosed. 1.1 Towing Services The Contractor will provide twenty-four(24)hour towing services, 365 days per year. 1.1.1 Towing— Police Directed for vehicles I vessels incapacitated as a result of an accident or involved in a crime and the owner cannot or will not secure the services of his/her own towing service. Continuous Tow- If a vehicle is towed to the Police Department sally port for investigative reasons, the second tow to the storage facility will be considered part of the original tow making it one towing event if it is within a five-day period. The Contractor will be given first call for all wrecker services requested by the City unless a motorist makes a specific request for another wrecker. The City reserves the right to request another wrecker service in an emergency situation or allow the Contractor to subcontract if required. The Contractor shall charge for the tow and/or storage of any vehicle directly to the owner or operator thereof, and not to the City, in accordance with the most current Palm Beach County Rate Schedule as approved by Palm Beach County Ordinance. Vehicles towed and/or stored under the provisions of this contract shall only be taken to the approved storage location or to a location approved by the owner for a non "Hold" vehicle. Towing, paperwork processing and use of the most recent Palm Beach County Towing Ordinance Storage Fees are set forth herein. All actions required for a safe tow that protects the vehicle / vessels / equipment from damage will be performed by the tow company to include removing drive shafts and caging brake chambers. 1.1.2 Towing—City directed for City vehicles/vessels The Contractor shall tow any City vehicle in need of a tow upon the request of the Fleet Maintenance Supervisor or his designee. Towing of City vehicles and/or vessels shall be at no charge to the City. Towing of City vehicles outside Palm Beach County shall be in accordance with mileage schedule provided in PBC Tow Ordinance 2011-008. The Contractor shall provide free roadside service for all Class "A" and Class"B" City fleet vehicles that are disabled and present a safety concern. Towing of vehicles for City convenience shall be paid by the City 9 EXHIBIT A SCOPE OF SERVICES Page 2 Of 2 No vehicle will be towed from any location within the City limits without a tow receipt completed by a Police Supervisor or designee prior to the Contractor taking possession of the vehicle. For the purposes of this agreement, a tow is considered to be for "convenience' when a vehicle can be safely driven and the City chooses not to do so. Towing of vehicles for City convenience, shall be paid by the City. Provide a fixed rate for towing City vehicles I vessels / equipment from City property to auction site within Palm Beach County $75.00 . PRICE PER TOW 1.2 Storage Services 1.2.1 Storage—Police Directed Tow, Contractor Performs the Tow Contractor shall provide secured inside and secured outside storage facilities and charges for the storage and processing of the impound shall be in accordance with Palm Beach County Towing Ordinance 2011-008. 1.2.2 Storage—City directed for City vehicles/vessels Storage of City vehicles shall be at no charge to the City. 1.2.3 Storage—City directed for vehicles/vessels confiscated by the Police or Fire Rescue Department Storage of confiscated vehicles /vessels shall be at no charge to the City. The City reserves the right to require inside or outside storage. EXHIBIT B 10 FEES AND PAYMENTS FRANCHISE FEE AND AGREEMENT FRANCHISE FEE Contractor shall pay the following annual Franchise Fee that will be paid to the City of Boynton Beach for each annual term contract award period, quarterly payments in advance or each corresponding quarter in accordance with the terms and conditions and specifications contained in the RFP and resulting Agreement. OPTION 1: SINGLE AWARD: $ 121,096.00 Annual Franchise Fee The amount shall remain firm for the entire contract award period. The annual Franchise Fee shall be payable in four quarterly payments, in advance and shall be due on the first business day of the contract quarter. If Franchise Fees are delinquent, a late charge of$50 shall be applied in addition to interest at the highest rate allowed by current Florida State Statutes. If the Franchise fee is more than twenty-five (25) days late, Contractor is subject to suspension or cancellation at the City's sole option. The awarded contractor will be required to enter into a Franchise Agreement with the City of Boynton Beach for the right to provide vehicle/vessel towing services and storage for City directed tows. The term of the Agreement shall run for a two(2)year term,with the option to renew for three (3)additional one-year periods, subject to cancellation as provided herein. 11 EXHIBIT C PALM BEACH COUNTY Maximum Non-Consent Towing Rates 12 Palm Beach County Maximum Non-Consent Towing Rates Effective March 1, 2017 Rate Type Rate Private Property Impound Tow Class A Class B Class C Class D No other fees may be imposed for the first 24 hours the vehicle is in the care, custody and control of the towing operator, except: a) applicable storage fees may be charged after the proper police authority has been notified and the vehicle has been in the possession of the towing operator for at least 6 hours and b) “extra time at scene” when a law enforcement agency is called/involved and when the officer’s name and badge number and detailed explanation is provided. Flat Rate $123 Flat Rate $217 Flat Rate $308 Flat Rate $308 Police Directed Tow Class A Class B Class C – applies to non-commercial vehicles only Class D – applies to non-commercial vehicles only $167 $248 $370 $530 Per mile fee for Police Directed Tow Class A Class B Class C Class D $7.50 $8.50 $10.00 $12.50 Daily outdoor storage - vehicles 25' or less after first 6 hours $25 Daily outdoor storage – vehicles longer than 25' after first 6 hours $35 Daily outdoor storage - motorcycles, ATV=s, scooters, other small personal vehicles after first 6 hours. $15 *Daily indoor storage - vehicles 25' or less after first 6 hours. $35 *Daily indoor storage - vehicles longer than 25' after first 6 hours. Applies to non-commercial vehicles only. $50 *Daily indoor storage - motorcycles, ATV=s, scooters, other small personal vehicles after first 6 hours. $20 Palm Beach County Maximum Non-Consent Towing Rates Effective March 1, 2015 Page 2 of 2 Rate Type Rate Drop Charge – When the vehicle/vessel owner or authorized driver/agent arrives at the scene prior to the vehicle/vessel being removed or towed from the property, the vehicle/vessel shall be disconnected from the towtruck and the vehicle/vessel owner or authorized driver/agent shall be allowed to remove the vehicle/vessel without interference upon payment of a reasonable service fee of not more than one-half of the posted rate for such towing service. One-half of the posted rate for such towing service Administrative/Lien Fee - after 24-hours, from time of police report. Must show proof that lien letter(s) have been prepared with appropriate names/addresses included and that fees have been expended. $50 Maximum flat fee After Hour Gate Fee – may not be applied between the hours of 8 a.m. and 6 p.m. Monday through Friday (excluding federal holidays) and not for 6 hours after a vehicle has been impounded all other times when: a. Impounded vehicles/vessel are recovered by the owner or authorized driver/agent; or b. The owner or authorized driver/agent wishes to recover property from an impounded vehicle/vessel. $35 Extra Time at Scene - First one-half hour to be included in the initial cost per call. Charges are 15 minute intervals. All extra time/labor shall be documented by the towtruck operator and shall include the name of the law enforcement agency and the law enforcement agency case number or the officer’s name and badge number. The documentation shall also include a detailed explanation of the services rendered which necessitated the charges and if possible photographs of the scene. 25% of applicable towing fee in 15 minute intervals. Underwater Recovery - Performed by a certified/ professional diver with the written documentation and approval by the investigating law enforcement agency/ officer. $100 plus cost per hour (port-to-port) Hazardous material clean-up and disposal as required, mandated and/or licensed through state or local laws and approved by the investigating law enforcement agency/officer. Towing Company prevailing rates The above maximum rates are not mandated by Palm Beach County, but they cannot be exceeded. R:\Consumer Affairs\TOWING\2016 MaximumNonConsentTowRates.docx EXHIBIT D REQUEST FOR PROPOSAL NO. 024-2110-19/RW for Towing and Storage Services and ADDENDUM 1 & 2 13 REQUEST FOR PROPOSALS FOR TOWING AND STORAGE SERVICES RFP No.: 024-2110-19/RW RFP DUE DATE: OCTOBER 09, 2019 RFP CLOSING TIME: 2:30 P. M. (LOCAL TIME) CITY HALL, FINANCE/PROCUREMENT SERVICES The City of Boynton Beach America’s Gateway to the Gulf Stream 2 REQUEST FOR PROPOSALS FOR TOWING AND STORAGE SERVICES RFP No.: 024-2110-19/RW Sealed RFP’s will be received in Procurement Services, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426 on or by: OCTOBER 09, 2019 No Later Than 2:30 P.M. (Local Time). ATTENTION ALL INTERESTED RESPONDENTS Copies of this solicitation package may be obtained from Demandstar at Onvia at www.demandstar.com or by calling 1-800-711-1712. Demandstar distributes the City’s solicitations through electronic download. If you prefer that a copy be mailed via U.S.P.S., please contact the City’s Procurement Division at (561) 742-6322. Respondent(s) who obtain copies of this solicitation from sources other than Demandstar or the City’s Procurement Services Division may potentially risk not receiving certain addendum(s) issued as a result of the solicitation. One (1) original, so designated and four (4) copies along with one (1) electronic copy on a USB thumb drive, for a total of six (6) submittals of the response shall be submitted in one sealed package clearly marked on the outside: “RFP NO. 024-2110-19/RW – TOWING AND STORAGE SERVICES” and addressed to: City of Boynton Beach, Finance/Procurement Services, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426 RFP’s received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that an RFP can be considered. If no award has been made, the City reserves the right to consider RFP’s that have been determined by the City to be received late due to mishandling by the City after receipt of the RFP. City of Boynton Beach RFP No. 024-2110-19/RW 3 PUBLIC RECORDS DISCLOSURE Pursuant to Florida Statutes §119.07, sealed bids or proposals received by the City in response to an invitation to bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the proposal/bid. If the City rejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids or proposals remain exempt from public records disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all bids, proposals, or replies. Requests for bid or proposal documents should be submitted to the City Clerk's Office. Documents may be inspected without charge, but a charge will be incurred to obtain copies. LOBBYING / CONE OF SILENCE Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings . Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. Any questions relative to any item(s) or portion of this bid should be directed to Randy Wood, Purchasing Manager; Telephone: (561) 742-6322, E-mail: woodj@bbfl.us City of Boynton Beach RFP No. 024-2110-19/RW 4 INTENT / SCOPE OF SERVICES The City of Boynton Beach is seeking to establish a two-year franchise agreement, with three (3) one-year renewal options with qualified towing contractors to provide towing and storage services in accordance with the terms, conditions, and specifications of this Request for Proposal. Renewals require mutual written consent. RFP documents are available online through DemandStar by Onvia at: www.demandstar.com Upon request, documents will be e-mailed. Contact: CITY OF BOYNTON BEACH PROCUREMENT SERVICES 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Randy Wood, Purchasing Manager Telephone: (561) 742-6322; Email: woodj@bbfl.us Office Hours: MONDAY – FRIDAY, 8:00 A.M. to 5:00 P.M. CITY OF BOYNTON BEACH Tim W. Howard Assistant City Manager - Administration City of Boynton Beach RFP No. 024-2110-19/RW 5 TABLE OF CONTENTS REQUEST FOR PROPOSALS FOR TOWING AND STORAGE SERVICES RFP No.: 024-2110-19/RW Section I Submittal Information ....................................................................................... 6 Section II General Information ....................................................................................7- 8 Section III Minimum Eligibility Requirements / Qualifications ..................................... 9 - 11 Section IV Scope of Services. ................................................................................. 11 - 22 Section V Franchise Fee and Agreement. ..................................................................... 22 Section VI Evaluation Method and Criteria. ............................................................. 23 - 24 Section VII Instructions for Preparing Proposals ....................................................... 25 - 40 General Conditions. ................................................................................................... 41 - 47 Proposer Acknowledgement ............................................................................................. 48 Addenda. .......................................................................................................................... 49 Franchise Fee Proposal Form. ......................................................................................... 50 Statement of Qualifications ........................................................................................ 51 - 52 Reference Form ............................................................................................................. .53 Anti-Kickback Affidavit ...................................................................................................... 54 Non-Collusion Affidavit .................................................................................................... 55 Confirmation of Minority Owned Business ........................................................................ 56 Confirmation of Drug-Free Workplace .............................................................................. 57 Acknowledgement of PBC Inspector General. .................................................................. 58 Local Business Status Certification Form……………………………………………………....59 Scrutinized Companies Form……………………………………………………………….60 -61 Schedule of Subcontractors ............................................................................................. 62 Statement of No Submittal ............................................................................................... 63 “DRAFT” Professional Services Agreement. ........................................................... .64 – 73 ATTACHMENT A - ARTICLE_VIII. TOW_TRUCKS _ PBC Ordinance - Chapter 19 ATTACHMENT B – Maximum Non-Consent Tow Rates City of Boynton Beach RFP No. 024-2110-19/RW 6 REQUEST FOR PROPOSALS FOR TOWING AND STORAGE SERVICES RFP No.: 024-2110-19/RW Section I – SUBMITTAL INFORMATION A. The City of Boynton Beach will receive RFP responses until OCTOBER 09, 2019, no later than 2:30 P.M. (LOCAL TIME) in Procurement Services located at 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426. B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the qualifier to have their RFP response delivered to Finance/Procurement Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that allows for tracking and delivery confirmation. RFP responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the qualifier’s request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the RFP and prior to the award being made. C. If any addenda are issued to this RFP, the City will attempt to notify all prospective proposers who have secured same, however, it shall be the responsibility of each proposer, prior to submitting the RFP response, to contact Finance/Procurement Services at (561) 742-6322 to determine if any addenda were issued and to make any addendum acknowledgements and comply with the requirements of each addendum as part of their RFP response. D. One (1) original, so designated and four (4) copies along with one (1) electronic copy on a USB thumb drive, for a total of six (6) submittals of the RFP response, shall be submitted in one sealed package clearly marked on the outside “RFP No. 024-2210-19/RW TOWING AND STORAGE SERVICES”, and addressed to: City of Boynton Beach, Finance/Procurement Services, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426. E. Responses shall clearly indicate the legal name, address and telephone number of the proposer (firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the proposer to the submitted RFP. Proposers must note their Federal I.D. number on their RFP submittal and include a copy of their W -9. F. All expenses for making RFP responses to the City are to be borne by the proposer. G. A sample draft contract that the City intends to execute with the successful firm is contained in this Request for Proposal for review. The City reserves the right to modify the contract language prior to execution. The scope of services will closely tr ack the scope of work detailed in Section II of this Request for Proposal. City of Boynton Beach RFP No. 024-2110-19/RW 7 Section II – GENERAL INFORMATION 2.1 DEFINITIONS For the purposes of this Request for Proposal, "proposer" shall mean contractors, consultants, proposers, organizations, firms, or other persons submitting a response to this Request for Proposal. Vehicle means any mobile item which normally uses wheels, whether motorized or not. Vessel means every description of watercraft, barge, and airboat used or capable of being used as a means of transportation on water. Throughout the document, reference to Vehicle shall also refer to vessel. Reference to Palm Beach County Towing Ordinance 2011-004 shall mean the most current towing Ordinance in effect inclusive of County amendments. 2.2 CONTRACT AWARDS The City anticipates entering into a contract with the proposer(s) who submit the proposal(s) judged by the City to be most advantageous to the City in terms of service and franchise fees. The City reserves the right to make multiple awards. The proposer understands that this RFP does not constitute an offer or a contract with the CITY. A contract shall not be deemed to exist and is not binding until proposals are reviewed and accepted by appointed staff, the best proposal has been identified, negotiations with the Proposer have been authorized by the appropriate level of authority within the City, an Agreement has been executed by parties and approved by the appropriate level of authority within the City. In the event the parties are unable to negotiate terms acceptable to the City, the City may determine to negotiate the offer of the next most responsive and responsible Proposer determined by the selection committee, or it may re-solicit proposals. The City reserves the right to reject all proposals, to waive non-material errors in the proposal, to abandon the project and to solicit and re-advertise for other proposals. 2.3 TERM The Term of the Franchise Agreement is two (2) years; December 15, 2019 through December 14, 2021 with three (3) one-year renewal options. Renewals require mutual written consent. 2.4 DEVELOPMENT COSTS Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the proposer's ability to meet the requirements of the RFP. City of Boynton Beach RFP No. 024-2110-19/RW 8 2.5 INQUIRIES Interested proposers may submit written inquiries regarding questions about the proposal to Randy Wood, Purchasing Manager, by e-mail: woodj@bbfl.us, or by telephone (561) 742-6322. Purchasing Services will also receive written requests for clarification concerning the meaning or interpretations of this RFP, until: SEPTEMBER 26, 2019, 4:00 P.M. The City may record its responses to requests for clarification or interpretation and issue any supplemental clarification, interpretation or instructions in the form of written addenda. Onvia Demandstar will e-mail notification of written addenda before the date fixed for receiving the proposals. Proposers will contact the City to ascertain whether any addenda have been issued. Failure to do so could result in an unresponsive proposal. Any oral explanation given before the RFP opening will not be binding upon the City and should be disregarded. All proposers are expected to carefully examine the proposal documents and the County towing Ordinance (regulations). Any ambiguities or inconsistencies should be brought to the attention of the City through written communication with the City prior to the opening of the proposals per the deadline dates identified above. 2.6 SELECTION PROCESS Evaluation of proposals will be conducted by an evaluation committee of City staff as further outlined in Section VI of the RFP. The committee may utilize a subcommittee to perform site visits to confirm / clarify description of storage facility (s), office location and equipment list. City committee shall be authorized to take photographs. The best qualified, responsive, responsible proposer(s) resulting from this process will be recommended for award and negotiations with the proposer(s) will be conducted with representatives from the City. Award recommendation will be presented to City Commission for approval as a Franchise Agreement. Respondents will be ranked in order as determined by the selection committee of being best qualified based on the considerations listed in the evaluation criteria. Award sequence will be based on the established ranking. City of Boynton Beach RFP No. 024-2110-19/RW 9 Section III - MINIMUM ELIGIBILITY REQUIREMENTS / QUALIFICATIONS 1.0 Minimum Eligibility Requirements / Qualifications for Performing the Scope of Work Contractor shall meet or exceed the requirements identified herein in order to be considered for evaluation by the City of Boynton Beach. Failure to meet any of the requirements will result in the RFP response being considered non-responsive and will not be considered. Contractor is responsible for meeting the minimum eligibility requirements during the entire term of the contract. Failure to maintain minimum eligibility requirements constitutes material default under the terms of the franchise agreement and will, at the option of the City result in forfeiture of the franchise. Contractor shall operate and maintain a business office within the City Limits and possess an appropriate Business Tax License. Contractor shall not be delinquent in any amounts due to the City, including money owed the City from previous franchise agreement. 2.0 Minimum Equipment Eligibility At a minimum, Contractor shall own or lease four (4) Class “A” Towing/Recovery Vehicles and two (2) Class “B” Towing/Recovery Vehicles in their fleet at time of RFP opening to be considered as a responsive bidder. Definition of Vehicle Class specifications (A, B, C, D) shall be per Palm Beach County Ordinance Ord. No. 2011-008, §§ 1—28, adopted May 17, 2011; Sec. 19-183. - Tow truck class specifications. Additionally, Contractor shall, within forty-five days of award and prior to execution of Towing Franchise Agreement, and as a condition precedent to engaging in towing activities in the City, own or have under lease or joint use agreement the following: Option I – Single Provider: One Class “C” Towing/Recovery Vehicle and One Class “D” Towing/Recovery Vehicle; Option II – Two Providers: One Class “D” Towing/Recovery Vehicle Option III – Three Providers: One Class “D” Towing/Recovery Vehicle At time of RFP submittal, contractor shall provide information that contractor shall have access through subcontract, lease, or joint use agreement, to one Lowboy with capabilities to transport all large-scale City vehicles (Fire Rescue Trucks and Solid Waste Trucks) weighing approximately 64,000 lbs. The Lowboy shall have: air ride suspension, power winch, pulling capability of 12,000 lbs. minimum for dead pull, air brakes with auxiliary air supply and shall be a minimum of 48’ long. All wrecker equipment shall have a current Palm Beach County Towing Operator Permit and a valid Inspection Approval Decal on the equipment. 3.0 Minimum Storage Eligibility City of Boynton Beach RFP No. 024-2110-19/RW 10 The Contractor shall operate, maintain and provide a secured storage facility(s) for impounded and confiscated vehicles. Storage facility may not be subcontracted. The storage area must have a durable surface, properly drained and enclosed. No repair work or servicing of vehicles shall be permitted in the storage area. Inside storage to handle a minimum of fifteen (15) vehicles, properly spaced to provide access for removal or addition of vehicles. The City desires to have a minimum of 100 vehicle spaces available for outside storage, properly spaced to provide access for removal or addition of vehicles. Proposers bidding on the following options must have minimum spaces available at time of proposal as stated below: Option I - Single Provider: Minimum 100 spaces Option II - Two Providers: Minimum 50 spaces each Option III – Three Providers: Minimum 35 spaces each All indoor storage must be located within City limits. Contractor shall maintain a minimum of fifteen (15) outdoor storage spaces on site with Office Operations and must be located in the City limits. Location of the remainder of outside storage site(s) shall not exceed a distance of ten (10) miles from any City boundary. Crime Scene Storage facility for vehicles which have been marked “HOLD” by the City of Boynton Beach Police Department relative to a crime scene investigation shall be stored at an inside secured facility within the City limits. Contractor may operate multiple storage facilities to meet the minimums. The Contractor shall provide on a 24-hour basis, attendants and sufficient equipment for immediate response to calls for service at the storage location(s) from the City of Boynton Beach Police Department or other Departments. Storage location sites shall not be changed unless prior written approval is received by the City of Boynton Beach. Storage location site shall meet or exceed Palm Beach County Towing Ordinance 2011- 008 requirements and all applicable City/County zoning requirements. 4.0 Communication Standard The Contractor shall have a 24 hour telephone number answered by an individual employed by the Contractor (no phone service or other similar sub-contracted services) that has the ability to dispatch a tow truck and towing services. Contractors call taker/dispatcher shall have access to two-way radio communication from the Contractor’s base station to their service trucks. Telephone number shall be answered at either the Office Facility or a Storage location for onsite dispatching between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday. No forwarding of numbers or use of call forwarding to cell phones is allowed during the above stated hours. After hours, weekends, and holiday calls shall be handled in accordance with PBC Tow Ordinance 2011-008, §§ 1— 28, adopted May 17, 2011. City of Boynton Beach RFP No. 024-2110-19/RW 11 5.0 Experience Minimum Contractor must be regularly engaged in the towing business and shall have operated under the name used for this submittal a minimum of one year and shall have obtained an operating Permit from Palm Beach County for a minimum of one year. One-year time frame shall be calculated from RFP closing date. Proposer should be primarily engaged in towing services. Business interests in automotive/truck repairs, paint and body, salvage, junkyard, or recycling business must be disclosed. Section IV – SCOPE OF SERVICES 1.0 Scope of Work The Contractor will supply the City of Boynton Beach towing services. The Contractor will be required to enter into a Franchise Agreement with the City. Contractor should be primarily engaged in towing services. Business interests in automotive/truck repairs, paint and body, salvage, junkyard, or recycling business must be disclosed. 1.1 Towing Services The Contractor will provide twenty-four (24) hour towing services, 365 days per year. 1.1.1 Towing – Police Directed for vehicles / vessels incapacitated as a result of an accident or involved in a crime and the owner cannot or will not secure the services of his/her own towing service. Continuous Tow - If a vehicle is towed to the Police Department sally port for investigative reasons, the second tow to the storage facility will be considered part of the original tow making it one towing event if it is within a five-day period. The Contractor will be given first call for all wrecker services requested by the City unless a motorist makes a specific request for another wrecker. The City reserves the right to request another wrecker service in an emergency situation or allow the Contractor to subcontract if required. The Contractor shall charge for the tow and/or storage of any vehicle directly to the owner or operator thereof, and not to the City, in accordance with the most current Palm Beach County Rate Schedule as approved by Palm Beach County Ordinance. Vehicles towed and/or stored under the provisions of this contract shall only be taken to the approved storage location or to a location approved by the owner for a non “Hold” vehicle. Towing, paperwork processing and use of the most recent Palm Beach County Towing Ordinance Storage Fees are set forth herein. 1.1.2 Towing – City directed for City vehicles / vessels The Contractor shall tow any City vehicle in need of a tow upon the request of the Fleet Maintenance Supervisor or his designee. Towing of City vehicles and/or vessels shall be at no charge to the City. Towing of City vehicles outside City of Boynton Beach RFP No. 024-2110-19/RW 12 Palm Beach County shall be in accordance with mileage schedule provided in PBC Tow Ordinance 2011-008. The Contractor shall provide free roadside service for all Class “A” and Class “B” City fleet vehicles that are disabled and present a safety concern. Towing of vehicles for City convenience shall be paid by the City. No vehicle will be towed from any location within the City limits without a tow receipt completed by a Police Supervisor or designee prior to the Contractor taking possession of the vehicle. 1.2 Storage Services 1.2.1 Storage – Police Directed Tow, Contractor Performs the Tow Contractor shall provide secured inside and secured outside storage facilities and charges for the storage and processing of the impound shall be in accordance with Palm Beach County Towing Ordinance 2011-008. 1.2.2 Storage – City directed for City vehicles / vessels Storage of City vehicles shall be at no charge to the City. 1.2.3 Storage – City directed for vehicles / vessels confiscated by the Police or Fire Rescue Department Storage of confiscated vehicles / vessels shall be at no charge to the City. The City reserves the right to require inside or outside storage. 2.0 Technical Specifications / Service Requirements 2.1 Adherence to Palm Beach County Operating Permit Regulations. The Contractor shall adhere to the Palm Beach County Operating Permit Regulations as defined in the most current Palm Beach County Towing Ordinance. Except as otherwise noted, all provisions of the Palm Beach County Ordinance 2011-008, as amended shall apply. In the event of conflict between the City of Boynton Beach RFP and the Palm Beach County Towing Ordinance, the City of Boynton Beach requirement shall prevail. 2.2 Towing Rates and Storage Rates Rates that may be charged by the Contractor for Towing and or Storage shall be in accordance with the Palm Beach County Towing Ordinance 2011-008. No other separate rates or fees may be charged. Charges may only be charged for services as detailed in the Scope of Work, Item 1.0. No towing service mileage charges shall be imposed on vehicle owners to transport vehicles from one storage facility to another approved storage facility. The use of a multiple approved storage facilities is for the convenience of the Contractor. City of Boynton Beach RFP No. 024-2110-19/RW 13 2.3 Response Time The Contractor shall respond within thirty (30) minutes from notification with appropriate towing equipment to handle a towing call requested by any authorized representative of the City. The Contractor assumes all liability in meeting the required response time including, but not limited to, all damages resulting from traffic accidents and motor vehicle infraction fines. The City will conduct periodic reviews of response time to verify that the Contractor is in compliance. The following late fees shall apply to the Contractor, for failure to respond within the thirty (30) minute time frame during each contract year: A. Third Offense: A certified letter of warning. B. Fourth Offense: $250.00 late fee. C. Fifth Offense: $350.00 late fee or suspension, at the City's option. D. Any further Offense: $500.00 late fee, or termination, at the City's option. If the Contractor can show extenuating circumstances beyond their control, Contractor may appeal a fine or suspension and submit to the City Manager clearly detailing extenuating circumstances beyond their control – i.e. hurricane debris, weather conditions, railroad crossing closed. Written appeal shall be submitted to the City within 5 days of offense letter from the City. 2.4 Service Call Cancellation The City reserves the right to cancel a request for services of the Contractor at any time, including up to the time of hook-up. The Contractor shall agree that the mere response to a service call scene without other action does not constitute a service call for which charges are applicable. Charges shall be as detailed in item 2.2. 2.5 Site Clean-up 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 cleanup that may be in the street as a result of the accident. The cost of such normal accident cleanup shall be included in the basic towing rate and no separate charge made to the City or vehicle owner. In the event the accident creates a major oil or fuel spill, or other unusual circumstance that requires additional Contractor staff or equipment, the cost of such staff or equipment shall be charged to the vehicle owner as complications. However, the owner of the vehicle may be charged according to rate schedules included in this agreement for clean-up of hazardous wastes, chemicals, construction debris and spilled loads. The Contractor will remove from the site, any hazardous debris, spilled petroleum products, or volatile items, unless conditions warrant that the City Fire Department render assistance, as determined by hazardous materials response team. (Usually 10-15 Gallons of City of Boynton Beach RFP No. 024-2110-19/RW 14 material.) All items shall be removed and disposed of in compliance with D.E.P. guidelines and amendments thereof. 2.6 Office Facility a. Office Facility must be located within City limits. A Business Tax License must be maintained for the office facility. Office Facility shall be ADA accessible in accordance with Federal ADA guidelines and laws. b. Includes telephone, fax machine and ability to communicate with the City through email. c. Twenty-four-hour communication system as required in Part II, Item 4.0 – Communication standard minimum eligibility requirements/qualifications. d. Maintain records for vehicle storage receipts for each vehicle impounded under the contract. e. Maintains copy of all paid invoices. f. Maintains log of calls for service. g. Maintains a notification log indicating date, time and method of notification. h. Maintains a log containing all vehicles which have remained unclaimed for thirty days or more as a result of a City directed tow. 2.7 Designated Storage Location for Crime Scene “HOLD” vehicles City of Boynton Beach Police may designate vehicles to be placed on “HOLD”. All “HOLD” vehicles shall be stored at Contractor’s secured storage facility. No vehicle will be held without a supervisor’s authorization. Pursuant to Florida State Statute 323.001(2.b); if the Boynton Beach Police Department chooses to have a vehicle remain at the contractor’s storage facility beyond five (5) days, excluding holidays and weekends, a “Written Notice of Extended Hold” must be completed and provided to the contractor. When the vehicle is ready to be released a Vehicle Hold Release document must be completed and provided to the contractor. The contractor is not responsible for vehicles being released due to insufficient/inaccurate documentation by the Police Department for HOLDS. Any vehicle towed and stored as a result of the marked “HOLD” relative to a crime scene investigation shall be handled with rubber gloves, by the wrecker operator. Crime scene vehicles shall be stored to prevent physical contamination or degradable evidence from deteriorating by inside secured storage or when approved by the Police Officer, coverage of the vehicle with tarpaulin type covers, or their equivalent for outside storage. If laboratory work on a crime scene vehicle must be processed at the City of Boynton Beach Police Headquarters or other designated site, the crime scene vehicle shall be transported at no charge to the City. 2.8 Reports 2.8.1 All inventory records of personal property in the vehicles which have been towed shall be made in duplicate, and signed by the Contractor or its agent. One copy shall be maintained by the Contractor as a permanent record and one copy of City of Boynton Beach RFP No. 024-2110-19/RW 15 the inventory shall be available to the owner/operator. Upon request of the owner/operator, specific inventoried items shall be stored in an appropriate locked room and the location change noted on the permanent inventory record. Contractor shall prepare a report detailing each vehicle that received services pursuant to this Agreement which has remained on the Contractor's storage facility for a period in excess of thirty (30) days. The Contractor, immediately upon impounding or removing any vehicle, shall prepare, without charge, a written report of the description of the vehicle, which report shall include: a. Make & Model of the vehicle to include Vehicle #, and Police case # when applicable b. License Number c. Vehicle Identification Number d. Name, Address & Phone Number of Towing Service e. Towing Charges f. Storage Charges g. Facility to Which Vehicle Was Towed 2.8.2 Any vehicle that is not claimed within thirty (30) days of the towing of such vehicle shall be reported in writing to the City. 2.8.3 Contractor shall submit to the Police Department, by the 15th of each month for the previous month the following reports. 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 City. 3. Type of tow such as accident, parking, abandoned, City vehicle, etc. 3.0 Personnel 3.1 The Contractor shall dispatch qualified and trained employees for all City tow requests. The Contractor shall agree to have in its personnel file, a D.M.V. report on each driver that it updates annually. Contractor agrees to ensure that all drivers possess a valid commercial driver’s license in accordance with the Commercial Motor Vehicle Safety Act of 1986. All drivers used on City calls shall be uniformed, clean, courteous, sober and competent in operating skills and communicate in English with the Cit y contact person. Contractor agrees to be responsible for such drivers. All Contractor's employees, dealing with the public under this contract, shall be identified by name through the use of a name tag or embroidered name on his or her uniform. 3.2 Contractor agrees that the owners of the company, or officers if a corporation, shall be held fully responsible, except as otherwise prohibited by law, for acts of their employees while on duty. 3.3 The Contractor agrees to maintain and upon request provide the following information to the City on all officers, employees, agents, and servants, and be responsible for keeping the information accurate and current: Name, Address, Date of Birth, Driver’s City of Boynton Beach RFP No. 024-2110-19/RW 16 License Number, Social Security Number, and Photograph. 3.4 The Contractor agrees to conduct operations under this Agreement in a courteous, orderly, ethical and businesslike manner. As this contract is very sensitive in nature and requires the Contractor, and Contractor's 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 Agreement. 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 Police Department no later than the next business day. 4.0 Business Operations 4.1 Benefit from Repair The Contractor or any Agent shall not solicit to provide or make referrals for vehicle repair, paint and body, salvage, junkyard or recycling business directly or indirectly for any vehicle towed pursuant to this Agreement. 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. 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. In accordance with Florida Statute 119 & 316, Contractor shall not release the names, addresses or other similar information of owners of vehicles damaged in accidents to firms such as body, repair, and paint shops unless so authorized in writing by the vehicle owner. 4.2 Subcontracting 4.2.1 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. Subcontracting shall not be used to meet the minimum equipment requirements. Subcontracting is for unforeseen circumstances and 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 may only be used with City permission for critical accident, City of Boynton Beach RFP No. 024-2110-19/RW 17 unforeseen events, emergencies, or street blockage calls. D. Contractor shall be held fully responsible for subcontractor's 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 authorized City staff at the scene, that officer or staff person may waive written pre-approval and requirement. 4.2.2 The City reserves the right to reject any proposed subcontractor on the grounds of incompetency, collusion, failure to perform satisfactorily on previous work, financial instability or dishonesty. When the list of subcontractors is approved it shall become a part of the contract documents and no deviation shall be allowed from that list without the written consent of the City's Representative. 4.3 Company’s Liability/Protection of Vehicles and Property 4.3.1 The Contractor's liability for any vehicle/vessel towed and all property contained therein will commence with the time the wrecker is hooked onto the towed vehicle. 4.3.2 The Contractor will have his employee, representative or agent, complete a Vehicle Storage Receipt (Tow Slip) for each towed vehicle. 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. 4.3.3 The Vehicle Storage Receipt shall contain the following information: A. Make of vehicle and type to include the vehicle # and Police Case #. 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 Hazardous Waste charges authorized by officer at the scene. 4.3.4 The Contractor shall be solely liable and responsible to the owner or legal entity entitled to lawful possession for 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 Police investigator in an investigation pertaining to the missing items, which will include making the wrecker driver or lot personnel available to the Police investigator. 4.3.5 The Contractor shall be responsible for the safekeeping of and shall be City of Boynton Beach RFP No. 024-2110-19/RW 18 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. The Contractor agrees to replace any such articles(s) upon verification of the loss by the designated investigative agency representing the City of Boynton Beach or Palm Beach County as per Florida Statutes 4.4 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, which is marked “HOLD”, cannot be released without written authority from the City of Boynton Beach Police Department. The Contractor shall release any vehicle towed in at the request of the Police Department only to the person whose name appears on the title or registration certificate or to the authorized agent of such person. In the event the Contractor is holding personal property removed from the stored vehicle, upon its release, the owner or person entitled to possession will sign the Contractor’ copy of the inventory receipt. A vehicle seized for forfeiture or held for a crime scene investigation (“HOLD”) pursuant to the City of Boynton Beach Police Department, 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. This process will be governed by F.S.S. 323.001. 4.5 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. 4.6 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 detail towing, storage and salvage compensation for City audit purposes. 4.7 Disposal of Vehicles Unless a “HOLD” has been placed upon the vehicle, disposal of vehicles will be in accordance with current Florida State Statutes. City of Boynton Beach RFP No. 024-2110-19/RW 19 5.0 COMMUNITY STANDARDS TOWING PROCEDURE A. Purpose. Standard operating procedure is to be utilized for the removal of vehicles or trailers deemed to be abandoned, unregistered or wrecked as described in Chapter 10, Article III, Sections 10-50, 10-51 and 10-52 of the City of Boynton Beach Code of Ordinances. The towing of these vehicles is to be at no charge to the CITY. B. Procedure. 1. Tow List. a. Tow lists will be faxed or e-mailed from the Community Standards Division directly to the tow contractor during the month as needed. All tow lists must be returned to the Community Standards Division within 7 days of receipt of the request for tow. b. Results of the status of each vehicle or trailer will be noted on the list (i.e. towed, gone-on-arrival, or currently licensed). c. TOW CONTRACTOR shall supply the name and phone # of the contact person to the Community Standards Division employee responsible for the tow list. d. TOW CONTRACTOR shall be responsible for all administrative functions governed by Florida Statute including, but not limited to notification to all vehicle owners and lien holders prior to final disposition of the vehicle e. TOW CONTRACTOR’S failure to perform Community Standards tows shall be subject to penalties as specified in the Agreement. f. CITY hereby reserves the right to modify schedule or procedure for Community Standards tows under this section of the Agreement. 6.0 Insurance Contractor shall maintain and submit proof of insurance. (See attached “Insurance Advisory Form”) “Attachment A”. SUBCONTRACTOR’S INSURANCE The Contractor shall require each of his subcontractors to take out and maintain during the life of his subcontract the same insurance coverages required of the successful Contractor. Each subcontractor shall furnish to the successful Contractor two copies of the Certificate of Insurance, and successful Contractor shall furnish one copy of the Certificate to the City of Boynton Beach. SUPPLEMENTAL PROVISIONS 1. The insurance coverage and conditions afforded by this policy(s) shall not be suspended, voided, canceled or modified, except after thirty (30) days prior written notice by Certified Mail, Return Receipt Requested, has been given to the City of Boynton Beach’s Risk Management department. 2. Certificates of Insurance meeting the specific required provision specified within this Contract/Agreement shall be forwarded to the City of Boynton Beach Risk Management Department, and approved prior to the start of any work or the possession of any city property. City of Boynton Beach RFP No. 024-2110-19/RW 20 7.0 PERFORMANCE Contractor acknowledges that any complaints received by the City concerning the performance of the services performed under the Franchise agreement may also be forwarded by the City to the Palm Beach County Consumer Affairs Division – Towing. 8.0 PERFORMANCE PROBATION PERIOD. A. A contractor awarded an Agreement will be subject to a three (3) month probationary period. During this time, the contractor's performance will be evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the standards set forth in this Agreement, the City Commission may, upon the recommendation of City staff, by written notice setting forth the default under the Agreement terms, revoke the Agreement. If performance is acceptable at the end of the probationary period described herein, TOW CONTRACTOR will be so notified by the City. B. Should the City Commission revoke the Agreement within the three (3) month probationary period, another Agreement may be awarded to an eligible company as determined by the City Commission. 8.1 ROLE OF CITY MANAGER AS TO PENALTIES. The City Manager or designee for CITY shall have the power to formally reprimand TOW CONTRACTOR, suspend the Agreement, suspend activities of TOW CONTRACTOR under the terms of this Agreement, conduct appeal reviews, recommend to the City Commission revocation of the Agreement, and recommend to the City Commission that this Agreement with TOW CONTRACTOR be terminated. 8.1.1 FORMAL REPRIMAND. Upon review of materials provided to him/her by City staff, the City Manager or designee may issue a written reprimand to TOW CONTRACTOR for any act or omission, which in his/her sole discretion, is deemed to be a violation of this Agreement. A written reprimand for an act or omission in violation of the terms of this Agreement shall be grounds for recommending termination of the Agreement should the City Manager deem such action to be appropriate under the circumstances. 8.1.2 REVOCATION. In the event any criteria for qualification established by this Agreement and Resolution, are violated by a Contractor (TOW CONTRACTOR), CITY may serve written notice upon tow contractor of the recommended revocation of the Agreement and/or termination of the Agreement. However, any and all liabilities of TOW CONTRACTOR and the surety for acts, omissions, or violations occurring prior to the date of cancellation shall not be affected, waived or otherwise as a result of the cancellation. In the event City Manager for CITY recommends revocation of the Agreement and/or termination of the Agreement with TOW CONTRACTOR, such a recommendation shall be considered by the City Commission for CITY. 8.1.3 COMPLAINTS AGAINST TOW CONTRACTOR. TOW CONTRACTOR hereby agrees that any complaints received by CITY City of Boynton Beach RFP No. 024-2110-19/RW 21 concerning the performance of TOW CONTRACTOR'S duties under this Agreement and otherwise shall be referred to the City Manager of the City of Boynton Beach. The failure of TOW CONTRACTOR to follow any subsequent reasonable instruction of the City Manager regarding any complaint will be considered a material breach of this Agreement and shall be cause for termination thereof. 8.1.4 REPUTABILITY. Lack of reputability shall be cause for revocation of an Agreement and shall include, but not be limited to the following: A. Misstatements concerning the conviction of any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; B. Retaining any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; C. Retaining any officer, employee or agent convicted of any felony or first- degree misdemeanor directly related to the business and/or operation of a wrecker, when that person's civil rights have not been restored. For the purpose of this Agreement, any offense involving perjury, false statement or theft shall be considered to be directly related to the business operation of a wrecker. D. Retaining any officer, employee or agent convicted of the offense of driving under the influence of alcohol or any other controlled substance to the extent that normal faculties are impaired; of the offense of driving a vehicle and having an unlawful blood alcohol level; or of any other criminal traffic offense. 8.1.5 SUSPENSION Should at any time during the term of this Agreement, including during any option terms, the tow contractor be in violation of any of the terms and conditions of this Agreement, the City Manager or his or her designated agent shall have the right to suspend the contractor until the violation is resolved to the satisfaction of City staff. If the violation is not promptly resolved or is of such a serious nature that the City Manager determines that suspension is inadequate, the City Manager reserves the right to recommend to the City Commission revocation of the Agreement and termination of this Agreement with TOW CONTRACTOR for cause. Should at any time during the term of this Agreement, including during any option terms, TOW CONTRACTOR or its principals become the subject of a criminal investigation, the City Manager shall have the right to suspend TOW CONTRACTOR'S Agreement pending the outcome of any criminal investigation and trial, should one result. Upon the conclusion of a criminal investigation that does not result in criminal charges against TOW CONTRACTOR or its principals, the City Manager may recommend to the City Commission revocation of the Agreement and termination of this Agreement with TOW CONTRACTOR, or the City Manager may lift the suspension, thereby reinstating the Agreement to TOW CONTRACTOR. If an adjudication of guilt is entered against TOW City of Boynton Beach RFP No. 024-2110-19/RW 22 CONTRACTOR at the conclusion of a trial or via plea bargaining with the State, the City Manager may recommend to the City Commission revocation of the Agreement and termination of this Agreement with TOW CONTRACTOR or City Manager may reinstate. SECTION V - FRANCHISE FEE AND AGREEMENT FRANCHISE FEE Contractor shall propose an annual Franchise Fee for all three scenarios as designed on the proposal page. The proposal page portrays three different options. • Option I If the City determines that one (1) Contractor will be awarded the contract for the full Franchise. • Option II If the City determines that two (2) Contractors would be selected to participate in the Franchise. • Option III If the City determines that three (3) Contractors would be selected to participate in the Franchise. The Franchise Fee amount proposed will be utilized as part of the evaluation criteria in awarding the RFP. The amount proposed shall remain firm for the entire contract award period. The annual Franchise Fee shall be payable in four quarterly payments, in advance and shall be due on the first business day of the contract quarter. If Franchise Fees are delinquent, a late charge of $50 shall be applied in addition to interest at the highest rate allowed by current Florida State Statutes. If the Franchise fee is more than twenty-five (25) days late, Contractor is subject to suspension or cancellation at the City’s sole option. The City reserves the right to award to a single contractor, but the City reserves the right to make multiple awards. In the event multiple awards are made, a negotiated Franchise Fee amount will be determined. FRANCHISE AGREEMENT The awarded contractor will be required to enter into a Franchise Agreement with the City of Boynton Beach for the right to provide vehicle/vessel towing services and storage for City directed tows. The term of the Agreement shall run for a two (2) year term, with the option to renew for three (3) additional one-year periods, subject to cancellation as provided herein. City of Boynton Beach RFP No. 024-2110-19/RW 23 SECTION VI - EVALUATION METHOD AND CRITERIA 1.0 EVALUATION METHOD AND CRITERIA The City’s selection committee will evaluate proposals and will select the proposer which meets the best interests of the City. The City shall be the sole judge of its own best interests, the proposals, and the resulting negotiated Agreement. The City's decisions will be final. The following criteria shall be utilized in the evaluation of the proposals: GENERAL OVERVIEW The purpose of the Evaluation Process is to judge the Proposals submitted in response to the Request for Proposal to establish the most advantageous proposer, further identified as the highest ranked Proposer. Each proposal will be evaluated by each Selection Committee member using the procedures outlined herein. Explanation of most advantageous to the City: The intent of the RFP process is to evaluate firms against the criteria identified in t he RFP. The RFP process uses subjective and objective criteria for evaluating the proposers. The evaluation process is performed by a committee and scoring is done in accordance with this section of the RFP. Most advantageous refers to the firm that is ranked number 1. 1.1 EVALUATION PROCESS The committee evaluates and scores all proposals to establish the proposer with the most advantageous proposal. The committee may utilize a subcommittee to perform site visits to confirm / clarify description of storage facility(s), office location and equipment list. City committee shall be authorized to take photographs. For clarification purposes only, the committee may request written follow-up prior to ranking. 1.2 SELECTION COMMITTEE PROCEDURES Each committee member will review the proposals received and based on the comparison of the firms, points will be awarded by each committee member. The firm that offers the most favorable service/operation for a particular category based on the opinion of the committee member would receive the highest amount of points for that category. Scores and rankings are tallied as detailed in this section. Each Committee member will award points according to the Selection Criteria described in each Category. The points indicated as “Points Possible” are the maximum that may be awarded for City of Boynton Beach RFP No. 024-2110-19/RW 24 each Category. The points awarded for each Category will be totaled to achieve the Total Points awarded to each Proposer. The greatest cumulative of Total Points will be ranked 1, the next greatest total ranked 2, etc. The ranking of each Proposer will be tabulated from each Committee member. Summarized below are the Evaluation Categories 1.3 EVALUATION CATEGORIES MAXIMUM POINTS POSSIBLE Franchise Fee 40 (Highest proposal will receive 40 points second highest proposed amount will be divided into the highest proposed amount and multiplied by 40 to arrive at a point total, and so on for the other proposals). Stability of Company Organization / Operations 10 Including but not limited to the years of experience, experience of staff and time operating under same ownership Size, Diversity and Condition of the Fleet 10 Storage Location(s) 10 Including but not limited to number of storage spaces, number of locations, appearance, upkeep of locations and security measures/systems in place Operating Record 10 Previous litigation/disputes/defaults/citations/fines Technical Approach /Communications / Dispatch Operations 8 Successful contracts /rotation lists with other Governmental Agencies 7 Report formats 7 Local Business Status Certification Form 5 Total Points Possible 100 1.4 TIE PROPOSALS Whenever a tie occurs for the top ranking position, the tie breaker is the highest Franchise Fee and the second tie breaker is the size, diversity and condition of Tow Contractor’s Fleet. City of Boynton Beach RFP No. 024-2110-19/RW 25 SECTION VII - INSTRUCTIONS FOR PREPARING PROPOSALS 1.0 RULES FOR PROPOSALS The proposal must name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP by submitting non-collusion collusion form. Submission of a proposal indicates acceptance by the firm of the conditions contained in this Request for Proposal unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Boynton Beach and the firm(s) selected. The proposer understands that the information contained in this RFP is to be relied upon by the City in awarding the proposed Agreement, and such information is warranted by the proposer to be true. 1.1 PROPOSAL FORMAT Proposers should prepare their proposals using the following format and follow the numbering format as listed on page (27) below for tabbing/indexing their RFP submittal. Failure to supply the requested information in full for categories related to the evaluation criteria will result in the committee being unable to fully score that particular category. Proposal submittal document should include the following: 1. Letter of Transmittal - This letter will summarize in a brief and concise manner the following: • The letter must name all persons or entities interested in the proposal as principals. • The letter must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. • Identify all of the persons authorized to make representations for the proposer, including the titles, addresses, and telephone numbers of such persons. • An authorized agent of the proposer must sign the Letter of Transmittal and must indicate the agent's title or authority. The firm identified on the Letter of Transmittal will be considered the primary firm. If more than one firm is named on the Letter of Transmittal, a legal document showing the partnership, joint venture, corporation, etc. shall be submitted showing the legality of such. Submittal for Joint Venture to include executed Joint Venture Agreement and if state law requires that the Joint Venture be registered, filed, funded, or licensed prior to submission of the proposal, then same shall be completed prior to submittal. Proposers shall make their own independent evaluation of the requirements of the state law. The City will not consider submittals that identify a joint partnership to be formed. The primary firm identified herein will be responsible for final negotiations and receipt of payments from the City of Boynton Beach. The letter should not exceed one page in length. City of Boynton Beach RFP No. 024-2110-19/RW 26 1.2 CONTENT OF TECHNICAL PROPOSAL General Requirements The purpose of the technical proposal is to demonstrate the qualifications, competence, and capacity of the firms seeking to provide the services identified herein for the City of Boynton Beach in conformity with the requirements of this Request for Proposal. The technical proposal should demonstrate the combined qualifications of the firms and of the particular staff to be assigned to this scope of work. The technical proposal should address all of the points outlined in the Request for Proposal. The proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer's capabilities to satisfy the requirements of the Request for Proposal. It shall also state the firm’s position as to why the Firm should be selected. PART VIII - PROPOSAL FORMS CHECK OFF LIST 1. ____ Letter of Transmittal 2. ____ Item A - Company Organization/experience Questionnaire 3. ____ Item B - Qualifications and Experience of Individuals Questionnaire 4. ____ Item C - Equipment 5. ____ Item D - Experience with other governmental agencies for Police- directed tows 6. ____ Item E - Record Keeping and Reporting Samples, invoice & tow slip 7. ____ Item F - Technical Approach 8. ____ Item G - Storage Location(s) 9. ____ Item H - Acknowledgement of Business type 10. ____ Item I - Rate Schedule for clean-up hazardous waste chemicals 11. ____ Proposer Acknowledgement 12. ____ Proposal Form 13. ____ Addenda 14. ____ Statement of Proposer’s Qualifications 15. ____ Anti-Kickback Affidavit 16. ____ Confirmation of Minority Owned Business 17. ____ Non-Collusion Affidavit 18. ____ Confirmation of Drug Free Workplace 19. ____ Sub-Contractor Participation 20. ____ PBC Inspector General 21. _____ Local Business Status Certification Form 22. ______Certification Pursuant to Florida Statute § 287.135 23. ____ Statement of No Proposal City of Boynton Beach RFP No. 024-2110-19/RW 27 TECHNICAL PROPOSAL SHOULD UTILIZE SAME NUMBERING FORMAT IDENTIFIED HEREIN. As part of the technical proposal, Minimum Eligibility Requirements / Qualifications for Performing the Scope of Work shall be clearly detailed to verify minimum is met. ITEM A. - Company Organization and Experience Completion of Questionnaire document and inserted in this section with supporting documentation as applicable. ITEM B. - Qualifications and Experience of individuals Completion of Questionnaire document and inserted in this section with supporting documentation for: • Specialized Training/Certifications/supplemental education courses received in past five years. • Professional Membership to relevant national/state/local associations. ITEM C. - Equipment Completion of Equipment list form and inserted in this section along with your vehicle maintenance plan and vehicle replacement plan ITEM D. - Experience with other Government Agencies for Police directed tows Completion of reference list form and inserted in this section ITEM E. - Record Keeping and Reporting Include samples of reports that will be made available to the City. Submittal to also include: Sample invoice used for City account Tow Slip used for City account ITEM F. - Technical Approach Complete Technical Approach form and attach in this section. Form to describe the range of towing and related services performed by your firm and your implementation plan for this contract. This section must address dispatch, clean-up, working with the officer at the scene, and any internal procedures that are necessary to provide quality assurance with the requirements of the contract. Describe your ability to have available staff 24/7 to adhere to the requirements of the contract or if you will need to hire additional staff in the event that you are awarded the contract. Describe your communication systems and ability to adhere to the minimum qualification requirements. City of Boynton Beach RFP No. 024-2110-19/RW 28 Additional Information This section shall include any additional information which the proposer considers pertinent for consideration and should be included in this part of the proposal. Identify any unique approaches or strengths your organization may have related to this service. ITEM G. - Storage Location(s) Completion of Questionnaire document and inserted in this section. REMAINDER OF THE PAGE IS INTENTIONALLY BLANK. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 29 THE FOLLOWING TECHNICAL PROPOSAL FORMS MUST BE SUBMITTED IN ORDER FOR THE SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE: TECHNICAL PROPOSAL ITEM A - COMPANY ORGANIZATION / EXPERIENCE QUESTIONNAIRE DETAIL YOUR RESPONSE HERE. ATTACHMENTS MAY BE SUBMITTED TO FURTHER DETAIL YOUR RESPONSE AND ARE TO BE LABELED ACCORDINGLY. 1 Number of years Organization as stated on the Acknowledgement of Business Type Form has been in business. Minimum requirement is three years. 2 Number of years Organization as stated on the Acknowledgement of Business Type form has been in business with current ownership. 3 Number of Years Palm Beach County Operating Permit has been in place. Detail each year 4 State the name of the individual who will have personal supervision / responsibility of the City of Boynton Beach account. 5 Under what other former names has your organization operated? 6 Detail any Professional Recognition/Awards received by the organization during the past five years. Copies to be attached. 7 Detail if organization has currently in place an ongoing training / safety program. Copy of program manual table of contents to be attached as a minimum. 8 Describe any litigation, arbitration, mediation or other proceeding whereby, during the past seven years, a court or any administrative agency has ruled against the firm in any manner related to its towing / storage activities. Include outcome and amount of settlement. 9 Detail any Palm Beach County Consumer Affair Cases and Palm Beach County Citations during the past seven years. Include outcome and amount of settlement. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 30 10 Describe any current or pending litigation. 11 Describe any pending inquires not resolved with Palm Beach County Consumer Affairs, Towing Jurisdiction 12 Proposer to make a statement if they have ever had a contract terminated for cause and detail date, entity / name of company during the past seven years. Applies to Public contracts only. 13 If Proposer is a Corporation, answer the following Date of Incorporation State of Incorporation President’s Name Vice President’s Name Secretary’s Name Treasurer’s Name Name and address of Registered agent Date of Incorporation: State of Incorporation: President’s Name: Vice President’s Name: Secretary’s Name: Treasurer’s Name: Name and address of Registered agent: 14 If Proposer is an individual or partnership, answer the following Date of organization Name and address and ownership units of all partners State whether general or limited partnership 15 If Proposer is other than an individual, corporation or partnership, describe the organization type and give the name and address of principals 16 If Proposer is operating under a fictitious name, state such here and submit evidence of compliance with Florida Fictitious Name Statue with the proposal. 17 Identify if Proposer has any interest in automotive or truck repair, paint and body, salvage, junkyard, or recycling businesses, and shall acknowledge and list the specifics. IF NO, IDENTIFY AS SUCH 18 Detail your office location address and hours of operation. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 31 TECHNICAL PROPOSAL ITEM B – QUALIFICATIONS AND EXPERIENCE OF INDIVIDUALS QUESTIONNAIRE INDIVIDUAL QUALIFICATIONS/ EXPERIENCE SUMMARY SHEET Identify each employee that is either part of the management team, administrative staff or driver/operator and submit the appropriate information for each that applies. Supporting documentation to be submitted as noted. Name of Employee Management Y/N Title/Position in Organization Type of Work Performed Years of Experience with Organization Total Years of Experience in Towing Industry For Drivers /Operators Only – Identify Driver’s License Type * Upon request, City may require driver’s license numbers. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 32 TECHNICAL PROPOSAL ITEM C - EQUIPMENT Identify Equipment to verify the minimum equipment requirements are met and any additional equipment that is available in excess of the minimum requirements. Equipment listed shall not be subcontracted. All wrecker equipment listed shall have a current Palm Beach County Permit Decal at time of RFP submittal to be considered. Vehicle Type (Type shall be as classified by Palm Beach County Inspection) Description VIN Number Make / Model Year Last Date Inspected by Palm Beach County Palm Beach County Decal # Class A Class A Class A Class A Class B Class B Class C Class C Lowboy per minimum equipment eligibility requirement N/A Not Applicable Heavy Duty Truck Dollies N/A Not Applicable Motorcycle Trailer N/A Not Applicable THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 33 Vehicle Type (Type shall be as classified by Palm Beach County Inspection) Description VIN Number Make / Model Year Last Date Inspected by Palm Beach County Palm Beach County Decal # ADDITIONAL WRECKER VEHICLE EQUIPMENT – IDENTIFY CLASS FOR EACH OR STATE AS OTHER Detail Your Vehicle Maintenance Plan Detail your vehicle replacement Plan THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 34 TECHNICAL PROPOSAL ITEM D - AGENCIES FOR POLICE DIRECTED TOWS Experience must be within the past five years to be considered. Name of Public Entity/ Sherriff Agency Contact Person / Phone Number / Title Contract Award Dates Start – End or Start – Currently under Contract Is this a Rotation award? Yes / No 1 2 3 4 5 6 7 8 9 10 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 35 TECHNICAL PROPOSAL ITEM E – RECORD KEEPING AND REPORTING INSERT RECORD KEEPING AND REPORTING SAMPLES. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 36 TECHNICAL PROPOSAL ITEM F - TECHNICAL APPROACH DETAIL YOUR RESPONSE BELOW Describe the range of towing and related services performed by your firm and your implementation plan for this contract. This section must address dispatch, clean-up, working with the officer at the scene, and any internal procedures that are necessary to provide quality assurance with the requirements of the contract. Describe your ability to have available staff 24/7 to adhere to the requirements of the contract or if you will need to hire additional staff in the event that you are awarded the contract. Describe your communication systems and ability to adhere to the minimum qualification requirements of 24/7 telephone number answered by an individual employed by the Contractor and have two-way radio communication from Contractors base station to their service trucks. Detail phone number to be used for 24/7 service / dispatch. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 37 TECHNICAL PROPOSAL ITEM G - STORAGE LOCATION(S) Identify Storage location(s) to verify the minimum storage requirements are met. Occupational license shall be submitted for each location, prior to the start of the Franchise Agreement. Storage Location 1 Name on Building Address Phone No. / Fax No. Number of Inside Storage Spaces Number of Outside Storage Spaces Storage Location 2 Name on Building Address Phone No. / Fax No. Number of Inside Storage Spaces Number of Outside Storage Spaces Storage Location 3 Name on Building Address Phone No. / Fax No. Number of Inside Storage Spaces Number of Outside Storage Spaces * Crime Scene Storage Facility – For vehicles marked “HOLD” required to be in Palm Beach County and within a 10-mile radius of the City of Boynton Beach Police Department. Detail which inside storage location would be used. Detail which outside storage location would be used. Total Number of Inside Storage Total Number of Outside Storage Detail the Security Equipment & other Measures put in place to exceed the Palm Beach County Towing Ordinance minimum storage requirements THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 38 ITEM H - ACKNOWLEDGMENT OF BUSINESS TYPE RFP No. 024-2110-19/RW This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths and submitted with the RFP package on the specified RFP deadline date. The undersigned proposer certifies that this proposal package is submitted in accordance with the specifications in its entirety and with full understanding of the conditions governing this proposal and acknowledges and understands that the information contained in response to this RFP shall be relied upon by the City in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer’s qualifications to perform under contract may cause the City to reject the Proposal, and if after the award to cancel and terminate the contract. BUSINESS ADDRESS of PROPOSER: __________________________________________________________________________________ Address City State Zip Telephone No. __________________________________ Fax No. ____________________________ Federal ID. No.______________________ email: _____________________________________ SIGNATURE OF PROPOSER If an Individual: ______________________________________ doing business Signature as ______________________________________________________________ If a Partnership: __________________________________________________________ by: ______________________________________________________ General Partner Signature If a Corporation: ___________________________________________________ Corporate Name (a __________________________________________ Corporation) by: ______________________________________________________________ Signature Title: ____________________________________________________________ Attest: __________________________________________________________ (SEAL) Corporate Secretary THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 39 NOTARY PUBLIC: STATE OF: COUNTY OF: The foregoing instrument was acknowledged before me this day of 2015 by who is (who are) personally known to me or who has produced as identification and who did (did not) take an oath. NOTARY PUBLIC SIGNATURE: ____ NOTARY NAME, PRINTED, TYPED OR STAMPED: __________________________________ Commission Number: _______________ My Commission Expires: _____ THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 40 RATE SCHEDULE FOR CLEAN-UP OF HAZARDOUS WASTE CHEMICALS Rate schedule may be submitted as an attachment. Rate schedule will not be utilized in the evaluation criteria. Description Rate / Unit of Measure THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 41 REQUEST FOR PROPOSALS FOR TOWING AND STORAGE SERVICES RFP No.: 024-2110-19/RW GENERAL CONDITIONS 1. FAMILIARITY WITH LAWS: The qualifier is assumed to be familiar with all Federal, State and Local laws, ordinances, rules and regulations that in any manner affect the equipment. Ignorance on the part of the qualifier will in no way relieve them from responsibility. 2. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company’s name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection. 3. EXECUTION OF BID: Proposal must contain an original signature of a representative who is legally authorized to contractually bind the Proposer. 4. NO BID: If not submitting a proposal, respond by returning one copy of the “STATEMENT OF NO BID” and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the Professional’s name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a “NO BID” and it must be received no later than the stated bid receiving date and hour. 5. BID DEADLINE: It is the proposer’s responsibility to assure that the proposal is delivered at the proper time and place prior to the proposal deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Proposals which for any reason are not delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider proposals that have been determined by the City to be received late due to mishandling by the City after receipt of the proposal. Offers by telegram or telephone are not acceptable. 6. RIGHT TO REJECT RFP: Right is reserved to reject any or all RFP’s and to waive technical errors, or to accept any RFP’s that are in part deemed as the best responsible qualifier which represents the most advantageous RFP to the City. In determining the “most advantageous RFP”, price, quantifiable factors, and other factors are considered. This would include specifications, proposed schedule, the proposed price and other factors contributing to the overall acquisition cost of this service. Consideration may be given, but not necessarily limited to conformity to the specifications, including timely delivery, product warranty, a qualifier’s proposed service, ability to supply and provide service, delivery to required schedules and past performances in other Contracts with the City or other government entities. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 42 7. RIGHTS OF THE CITY: The City expressly reserves the right to: ▪ Waive as an informality, minor deviations from specifications at a lower price than the best responsible qualifier meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; ▪ Waive any defect, irregularity or informality in any RFP or qualifying procedure; ▪ Reject or cancel any or all RFP’s; ▪ Reissue Request for Proposal Invitation; ▪ Extend the RFP opening time and date; ▪ Consider and accept an alternate RFP as provided herein when most advantageous to the City. 8. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective qualifier has: ▪ Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements; ▪ A satisfactory record of performances; ▪ A satisfactory record of integrity; ▪ Qualified legally to Contract within the State of Florida and the City of Boynton Beach; ▪ Supplied all necessary information in connection with the inquiry concerning responsibility. 9. INFORMATION AND DESCRIPTIVE LITERATURE: Proposers must furnish all information requested in the spaces provided on the RFP form. Further, as may be specified elsewhere, each qualifier must submit for RFP evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous RFP or on file with the buyer will not satisfy this provision. 10. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the RFP closing. Inquiries must reference the date by which the RFP is to be received. 11. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 12. TRADE SECRET: Any language contained in the Proposer’s Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City’s opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 43 information contained in the Proposer’s Proposal constitutes a Trade Secret. The City’s determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 13. SUBCONTRACTING: If a qualifier subcontracts any portion of a Contract for any reason, they must state the name and address of the subcontractor and the name of the person to be contacted on the attached “Schedule of Subcontractors”. The City of Boynton Beach reserves the right to accept or reject any or all RFP’s wherein a subcontractor is named and to make the award to the qualifier, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject the RFP of any qualifier if the RFP names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. 14. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Proposers at the Office of Procurement Services, it is each qualifier’s responsibility to check with the issuing office and immediately secure all addenda before submitting RFP’s. It is the usual practice for the City to upload all addenda to Demanstar.com, but it cannot be guaranteed that all Proposers will receive ALL addendum(s) in this manner. Each qualifier shall acknowledge receipt of ALL addenda by notation on the RFP. 15. ESCALATOR CLAUSE: Any RFP which is submitted subject to an escalator clause will be rejected. 16. EXCEPTIONS: Incorporation in an RFP of exceptions to any portion(s), of the Contract documents may invalidate the RFP. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the qualifier’s RFP on a separate sheet marked “EXCEPTIONS TO THE SPECIFICATIONS” and this sheet shall be attached to the RFP. The use of qualifier’s standard forms or the inclusion of manufacturer’s printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 17. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 18. ANTITRUST CAUSE OF ACTION: In submitting an RFP to the City of Boynton Beach, the respondent offers and agrees that if the RFP is accepted, the respondent will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach’s discretion, such assignment shall be made and become effective at the time the purchasing agency tender’s final payment to the respondent. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 44 19. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this RFP prior to their delivery, it shall be the responsibility of the successful qualifier to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. 20. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the qualifier will in no way be a cause for relief from responsibility. 21. ON PUBLIC ENTITY CRIMES - All Request for Proposal Invitations as defined by Section 287.012(11), Florida Statutes, Requests for Proposal as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: “A person or affiliate who has been placed on the convicted Professional list following a conviction for public entity crime may not submit an RFP on a contract or provide any goods or services to a public entity, may not submit an RFP on a contract with a public entity for the construction or repair of a public building or public work, may not submit RFP’s on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Professional list”. 22. ADVERTISING: In submitting an RFP, the qualifier agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under “NONCONFORMANCE TO CONTRACT CONDITIONS”. 23. ASSIGNMENT: Any Purchase Order issued pursuant to this RFP invitation and the monies which may become due hereunder are not assignable except with the prior written approval of the City. 24. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder’s operation pursuant to this Contract and from and against all costs, attorney fees, expenses and liabilities incurred in and about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) business days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim, suit, or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys’ fees and damages which may be incurred or sustained by the City by reason of the THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 45 bidder’s breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. 25. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: At the option of the Professional, the use of the contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, school boards, political subdivisions, counties, and cities. Each governmental agency allowed by the Contractor to use this contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 26. AWARD OF CONTRACT: Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible qualifier whose RFP represents the most advantageous RFP to the City, Evaluation of RFP’s will be made based upon the evaluation factors and standards heretofore set forth. The City reserves the right to reject any and all RFP’s and to waive technical errors as heretofore set forth. In the event of a Court challenge to an award by any qualifier, damages, if any, resulting from an improper award shall be limited to actual RFP preparation costs incurred by the challenging qualifier. In no case will the award be made until all necessary investigations have been made into the responsibility of the qualifier and the City is satisfied that the best responsible qualifier is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. 27. FUNDING OUT: The resultant Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission for the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 28. LICENSE AND PERMITS: It shall be the responsibility of the successful qualifier to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Assistant to the Finance Director and City Inspectors. 29. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Qualifier certifies that all material, equipment, etc., contained in this RFP meets all O.S.H.A. requirements. Qualifier further certifies that if awarded as the successful qualifier, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the qualifier. Qualifier certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 30. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 46 31. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor’s possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 GIBSONC@BBFL.US 32. LOCAL BUSINESS STATUS CERTIFICATION: The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. “For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications or Requests for Letters of Interest, the solicitation shall include a weighted criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria published in the solicitation. For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification or Requests for Letters of Interest, where the solicitation includes a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a Local Business preference, as reasonably determined by the Financial Services Department, THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 47 Purchasing Services, consistent with the intent of this Policy. Each such solicitation shall clearly define the application of the Local Business preference.” In order to be considered for a local business preference, a Respondent must include the Local Business Status Certification Form at the time of RFP submittal. Failure to submit this form at the time of RFP submittal will result in the Respondent being found ineligible for the local business preference for this solicitation. Respondents who are certified as required will receive the full five points allotted for this evaluation criteria. All other firms will receive zero points in this evaluation criterion. 33. SCRUTINIZED COMPANIES - 287.135 and 215.473 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. QUESTIONS: Any questions relative to any item(s) or portion of Request for Proposal should be directed to Randy Wood, Purchasing Manager, (561) 742-6322 Monday through Friday from 8:00 A.M. to 5:00 P.M; email: woodj@bbfl.us THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 024-2110-19/IT 48 REQUEST FOR PROPOSALS FOR TOWING AND STORAGE SERVICES RFP No.: 024-2110-19/RW PROPOSER ACKNOWLEDGEMENT Submit RFP’s to: PROCUREMENT SERVICES 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6322 RFP Title: TOWING AND STORAGE SERVICES RFP Number: 024-2110-19/RW RFP Received by: OCTOBER 09, 2019, NO LATER THAN 2:30 P.M. RFP’s will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for: OCTOBER 09, 2019, NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the City. Name of Professional: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: City/State/Zip: E-mail Address: Authorized Signature Name Typed THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 024-2110-19/IT 49 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFP TITLE: “TOWING AND STORAGE SERVICES” RFP NO.: 024-2110-19/RW DATE SUBMITTED: ______________________________________________________ We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, means of transportation, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: THE CITY OF BOYNTON BEACH we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE ____________ __________ ____________ __________ ____________ __________ ____________ __________ ____________ __________ ____________ __________ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 024-2110-19/IT 50 REQUEST FOR PROPOSALS FOR TOWING AND STORAGE SERVICES RFP No.: 024-2110-19/RW FRANCHISE FEE PROPOSAL FORM Contractor to propose annual Franchise Fee that will be paid to the City of Boynton Beach for each annual term contract award period, quarterly payments in advance or each corresponding quarter in accordance with the terms and conditions and specifications contained in the RFP and resulting Agreement. THE UNDERSIGNED Proposer, having familiarized himself with the requirements of the RFP hereby proposes the following annual Franchise Fees: OPTION 1: SINGLE AWARD: $_____________________________ Annual Franchise Fee OPTION 2: DOUBLE AWARD: $_____________________________ Annual Franchise Fee OPTION 3: TRIPLE AWARD: $_____________________________ Annual Franchise Fee _____________________________________ ____________________________________ COMPANY NAME AUTHORIZED SIGNATURE (______)_______________________________ ____________________________________ TELEPHONE NO. PRINTED NAME _______________________________________ ____________________________________ E-MAIL ADDRESS TITLE _______________________________________ DATE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 024-2110-19/IT 51 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP response. * attach additional sheets giving the information 1. Name of Qualifier: 2. Business Address: 3. When Organized: 4. Where Incorporated: 5. How many years have you been engaged in business under the present firm name? _____________________ 6. General character of work performed by your company. 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. 9. Background and experience of principal members of your personnel, including officers. * 10. Bonding capacity, if applicable. 11. Have you ever defaulted on a contract? If so, where and why? * THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 024-2110-19/IT 52 12. Experience in performance of work similar in importance to this project. Project $ Value Contact Name Phone # 13. Contracts on hand. * 14. Largest completed projects (include final cost). 1) 2) 3) 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * 1) arose from performance: * 2) occurred within the last 4 years: * 3) provide case number and style: * Dated at: ________________________________ this _____ day of ____________________ 20___ By: ______________________________________ (written signature) Name: ____________________________________ (printed or typed) Title: _____________________________________ THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 024-2110-19/IT 53 REFERENCES FOR ___________________________ (NAME OF FIRM) Company Name: Address: Contact Name: Phone: Fax: E-Mail: Company Name: Address: Contact Name: Phone: Fax: E-Mail: Company Name: Address: Contact Name: Phone: Fax: E-Mail: Company Name: Address: Contact Name: Phone: Fax: E-Mail: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 024-2110-19/IT 54 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of , 20 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY “OFFICIAL NOTARY SEAL” STAMP THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 024-2110-19/IT 55 NON-COLLUSION AFFIDAVIT State of _____________________________) : County of____________________________) ________________________________________, being first duly sworn, deposes and says that: 1) He/She is ______________________ of _____________________________, the qualifier (Title) (Name of Corporation or Firm) who has submitted the attached RFP No. 024-2110-19/RW for TOWING AND STORAGE SERVICES. 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed)________________________________ (Title)__________________________________ Subscribed and sworn to before me This ______ day of _____________________, 20 _____ My commission expires ____________________________ THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 024-2110-19/IT 56 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? ___________ ____________ Yes No If Yes, please indicate by an “X” in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER _______________________________________ (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES _____ NO _____ If YES, Name the Organization from which this certification was obtained and date: _________________________________________________________________ Issuing Organization for Certification ____________________________ Date of Certification THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 024-2110-19/IT 57 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal 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 submittals will be followed if none of the tied Professionals have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, 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 than 5 days after such conviction. 5) Impose a sanction 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 firm complies fully with the above requirements. Professional’s Signature THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 024-2110-19/IT 58 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Respondent is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The Respondent understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. _______________________________ CONTRACTOR NAME By_____________________________ Title: ___________________________ Date: ___________________________ THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 024-2110-19/IT 59 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, _____________________________, the ______________________________ of (Name of officer of company) (Title of officer of company) _____________________________, located at ____________________________, (Name of Corporation/Company) (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: _________________________________________ 1. Is the business located within the City limits of Boynton Beach, Florida? YES NO Number of Years: ____________ 2. Does the business have a business tax receipt issued in the current year? YES NO Business License Number: _____________ 3. Is the business registered with the Florida Division of Corporations? YES NO I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: ____________________________ Signature: ___________________________ ***FOR PURCHASING USE ONLY*** Business License Active: Verified by: ____________________________ Date: ______________ Year Established: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 024-2110-19/IT 60 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 I, _______________________, on behalf of ________________________ certify Print Name and Title Company Name that ______________________________does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 024-2110-19/IT 61 attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitt ed a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. _____________________________ _________________________ COMPANY NAME SIGNATURE __________________________ _________________________ PRINT NAME TITLE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 024-2110-19/IT 62 RFP No. 024-2110-19/RW TOWING AND STORAGE SERVICES SCHEDULE OF SUB-CONSULTANTS The Undersigned Respondent proposes the following major subcontractors for the major areas of work for the Project. The Respondent is further notified that all sub-contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insu rance in accordance with the contract general conditions. This page may be reproduced for listing additional sub -contractors, if required. If not applicable or if no-sub-consultants will be used in the performance of this Work, please sign and date the from and write “Not -Applicable” or “NONE” across the form. Name of Sub-Consultant Address of Sub-Consultant License No.: Contract Amount Percentage (%) of Contract Signature_______________________________________________ Date: _____________ Title/Company___________________________________________ Owner reserves the right to reject any sub-contractor who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible (financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any sub-contractor in order to make a determination as to the foregoing. 63 STATEMENT OF NO SUBMITTAL If you are not submitting an RFP for this project, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426. Failure to respond may result in deletion of Firm’s name from the City’s Firm list. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your RFP No. 024-2110-19/RW TOWING AND STORAGE SERVICES because of the following reasons: Specifications too “tight”, i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: 64 “DRAFT” SUBJECT TO REVISIONS PRIOR TO SIGNING. TOWING FRANCHISE AGREEMENT THIS AGREEMENT, dated the _____ day of ___________ is between: THE CITY OF BOYNTON BEACH, a municipal corporation, with its principal place of business at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter referred to as "CITY", and TBD a company authorized to do business in the State of Florida, with its principal place of business at______________, hereinafter referred to as "CONTRACTOR". W I T N E S S E T H: WHEREAS, the City Commission of the City of Boynton Beach, Florida, following a competitive selection process has awarded Contractor a non-exclusive franchise agreement to perform towing services in and for the City, subject execution of a written agreement; and WHEREAS, the establishment of minimum contractual standards of quality and efficiency for emergency recovery, towing and storage services utilized by law enforcement agencies is in the public interest; and WHEREAS, utilization of improper equipment or unqualified operators exposes public safety personnel and others present at an accident or recovery scene to undue safety hazards, results in undue damage to vehicles, and causes excessive delays in clearing the highway and securing the vehicles; and WHEREAS, the City has determined, based on material representations of the Contractor as set forth in the Contractor’s response to the City’s request for proposals, that Contractor can perform the services in accord with the parameters set forth in the City’s Request for Proposals, as amended. NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, CITY and CONTRACTOR hereby agree as follows: ARTICLE 1 SERVICES AND RESPONSIBILITIES 1.1 GENERAL 1.1.1 The CONTRACTOR, for and in consideration of the agreements of the CITY herein contained, agrees to remove vehicles from the streets or other property within the CITY, or from any other location, as directed by authorized representatives of the CITY. 1.1.2 The CONTRACTOR agrees that in the performance of this Agreement, it will not discriminate or permit discrimination in its hiring practices, or in the performance of this Agreement, against any person on the basis of his or her race, sex, religion, political affiliation or national origin. 65 1.1.3 The CONTRACTOR understands that nothing in this Agreement will prevent the owner or operator of a motor vehicle from calling a wrecker or tow truck of his own choice or requesting that his or her vehicle be towed to a garage or compound other than that of the CONTRACTOR. 1.1.4 The CONTRACTOR shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement, except as otherwise specifically provided for herein, and all work performed under this Agreement shall be done in a professional manner. 1.1.5 The CONTRACTOR hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with CONTRACTOR, that CONTRACTOR has the professional expertise, experience and manpower to perform the services to be provided by CONTRACTOR pursuant to the terms of this Agreement. 1.1.6 The CONTRACTOR agrees to permit members of the CITY's Police Department or other authorized CITY personnel to inspect its compound(s), equipment, stored vehicles, personal property and records, relative to this Agreement, whenever, in the opinion of said representatives of the CITY, such inspection is deemed reasonably necessary. 1.1.7 All terms and conditions of the City Request for Proposals and all responses by Contractor are incorporated by reference and shall constitute the material provisions of this Agreement as though set forth herein. The City’s Request for Proposal, is attached as Exhibit “A”. The Contractor’s Proposal is attached as Exhibit “B”. ARTICLE 2 MINIMUM STANDARDS 2.1 THE COMPOUND 2.1.1 The Contractor shall operate, maintain and provide a secured storage facility(s) for impounded and confiscated vehicles. Storage facility may not be subcontracted. The storage area must have a durable surface, properly drained and enclosed. No repair work or servicing of vehicles shall be permitted in the storage area. Inside storage to handle a minimum of 15 vehicles, properly spaced to provide access for removal or addition of vehicles. 2.1.2 The City desires to have a minimum of 100 vehicle spaces available for outside storage, properly spaced to provide access for removal or addition of vehicles. Proposers bidding on the following options must have minimum spaces available at time of proposal as stated below: Option I - Single Provider: Minimum 100 spaces; Option II -Two Providers: Minimum 50 spaces each; Option III - Three Providers: Minimum 35 spaces each. 2.1.3 All indoor storage must be located within City Limits. Contractor shall maintain a minimum of 15 outdoor storage spaces on site with Office operations which must be located within the City limits. Location of remainder of outside storage site(s) shall not exceed a distance of 10 miles from any city boundary. 2.1.4 Crime Scene Storage facility for vehicles which have been marked “HOLD” by the City of Boynton Beach Police Department relative to a crime scene investigation shall be stored at an inside secured facility within the City limits. 66 2.1.5 Contractor may operate multiple storage facilities to meet the minimums. 2.1.6 The Contractor shall provide on a 24-hour basis, attendants and sufficient equipment for immediate response to calls for service at the storage location(s) from the City of Boynton Beach Police Department or other Departments. 2.1.7 Storage location sites shall not be changed unless prior written approval is received by the City of Boynton Beach. 2.1.8 Storage location site shall meet or exceed Palm Beach County Towing Ordinance 2010-001 requirements and all applicable City / County zoning requirements. 2.1.9 Proof of Contractor ownership or lease of the storage facility shall be provided to the City prior to the commencement of the lease and is a condition precedent and ongoing requirement of the Agreement. 2.2 EQUIPMENT 2.2.1 At a minimum, Contractor shall own or lease four (4) Class “A” Towing/Recovery Vehicles and two (2) Class “B” Towing/Recovery Vehicles in their fleet at time of RFP opening to be considered. 2.2.2 Definition of Vehicle Class specifications (A, B, C) shall be per Palm Beach County Ordinance 2011-008 Palm Beach County Towing Ordinance as amended. 2.2.3 Tow Truck Class Specifications: Additionally, Contractor shall, within forty-five (45) days of award, prior to execution of Tow Franchise Agreement and as a condition precedent to engaging in towing activities in the City own or have under lease or under a joint use agreement the following: Option I - Single Provider: One (1) Class “C” Towing/Recovery Vehicle and One (1) Class “D” Towing/Recovery Vehicle. Option II - Two Providers: One (1) Class “D” Towing/Recovery Vehicle Option III - Three Providers: One (1) Class “D” Towing/Recovery Vehicle 2.2.4 Additionally, Contractor, at time of RFP shall provide information that Contractor will have access through sub-contract, lease, or joint use agreement, to one (1) Lowboy with capabilities to transport all large-scale City Trucks (Fire Trucks and Sanitation Trucks) at approximately 64,000 lbs. The Lowboy shall have: air ride suspension, power winch, pulling capability 12,000 lbs. minimum for dead pull, air brakes with auxiliary air supply and shall be a minimum 48’ long. 2.2.5 All wrecker equipment shall have a current Palm Beach County Towing Operator Permit and a valid Inspection Approval Decal on the equipment. Equipment listed below shall be outfitted at all times with equipment designated on Palm Beach County Vehicle Inspection Form. 67 ARTICLE 3 COMPENSATION AND METHOD OF PAYMENT 3.1.1 The CONTRACTOR shall pay the CITY the sum of ___________ for the privilege of engaging in this Agreement with the CITY. The first payment shall be made on or b efore December 15, 2015 and thereafter in quarterly each March 15th, June 15th, September 15th, and December 15th. 3.1.2 The CONTRACTOR shall charge for vehicle towing and/or storage in accordance with the schedule of rates attached hereto as Exhibit “C”: Palm Beach County and made a part hereof by reference. 3.1.3 The CONTRACTOR shall directly bill the vehicle owner/operator for towing and storage charges. ARTICLE 4 TERM AND TERMINATION 4.1.1 This is a two (2) year term contract commencing December 15, 2019 and ending December 14, 2021. This contract may be renewed for three additional one-year terms upon mutual agreement of City and Contractor. 4.1.2 This Agreement may be terminated by either party for cause upon thirty (30) days written notice by the CITY to CONTRACTOR in which event the CONTRACTOR shall be paid its compensation for services performed through the termination date. It may also be terminated in whole or in part by the CITY, with or without cause, thirty (30) days written notice by the CITY to CONTRACTOR. In the event that the CONTRACTOR abandons this Agreement or causes it to be terminated, it shall indemnify the CITY against any loss pertaining to this termination up to a maximum of the full contracted fee amount. All finished or unfinished documents, data, studies, plans, surveys, and reports prepared by CONTRACTOR shall become the property of CITY and shall be delivered by CONTRACTOR to CITY. 4.1.3 Notice of intent to terminate, and the reason(s) therefor, shall be given in writing by certified mail, return receipt requested or by hand delivery. 4.1.4 Upon the CITY's notification of intent to terminate for cause, the CONTRACTOR shall have thirty (30) days from receipt of said notice to cure any default, provided, however, that the CONTRACTOR shall have not more than two (2) opportunities to cure in any calendar year; or 4.1.5 The CITY's Police Department may issue a formal reprimand to the CONTRACTOR for any act of omission or commission which, in its sole discretion, is deemed to be a violation of this Agreement. Any number of reprimands shall be grounds for termination of this Agreement and/or removal of the CONTRACTOR from consideration of renewal of the Agreement. The precise number and severity of reprimands thereof to be determined are at the sole discretion of the CITY's Police Department. 4.1.6 Upon the completion of this Agreement or termination by either Party, vehicles marked for confiscation by the CITY's Police Department for use by the CITY's Police Department in accordance with State Statute, will be towed to the Public Safety Building Compound. 4.1.7 This Agreement may also be terminated by the CITY for convenience upon thirty 68 (30) days written notice by the CITY to CONTRACTOR. In the event the Agreement is terminated for convenience, the annual franchise fee shall be prorated. ARTICLE 5 ADDITIONAL PROVISIONS 5.1.1 NOTICE: Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, hand delivery or facsimile transmission with receipt of delivery, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the CONTRACTOR and the CITY designate the following as the respective places for the giving of notice: City: Lori LaVerriere, City Manager City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Phone: (561) 742-6010 Fax: (561) 742-6011 Copy To: James A. Cherof, City Attorney Goren, Cherof, Doody, & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Phone: (954) 771-4500 Fax: (954) 771-4923 Contractor: _____________________________________ _____________________________________ _____________________________________ Phone: _________________________ Fax: _________________________ 5.1.2 ASSIGNMENT/AMENDMENTS. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by the CONTRACTOR without the prior written consent of CITY. For purposes of this Agreement, any change of ownership of CONTRACTOR shall constitute an assignment which requires CITY approval. However, this Agreement shall run to the CITY and its successors and assigns. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 5.1.3 NO CONTINGENT FEES. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement, without liability, at its discretion and to deduct from the contract price, or otherwise recover the f ull amount of such fee, commission, percentage, gift or consideration. 69 5.1.4 BINDING AUTHORITY. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 5.1.5 HEADINGS. The headings contained herein are for the convenience of reference only and shall not be considered for the purpose of interpreting the provisions of this Agreement. 5.1.6 EXHIBITS. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits, even if not physically attached, should be treated as part of this Agreement and are incorporated herein by reference. 5.1.7 SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 5.1.8 GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 5.1.9 LEGAL REPRESENTATION. It is acknowledged that each party to this agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply herein due to the joint contributions of both parties. 5.1.10 EXTENT OF THE AGREEMENT. This Agreement represents the entire and integrated agreement between the CITY and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 5.1.11 ATTORNEY'S FEES AND COSTS. In connection with any litigation arising out of or in connection with the Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 5.1.12 PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, 70 Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor’s possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 GIBSONC@BBFL.US 5.1.13 SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH 71 _________________________________ __________________________________ Lori LaVerriere, City Manager Signature of Authorized Official __________________________________ Printed Name of Authorized Official Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ James A. Cherof, City Attorney Secretary STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this _____ day of _____________,2019 by ___________________ of _____________________ and acknowledged (s)he executed the foregoing Agreement as the proper official of _______________________, for the use and purposes mentioned in it and they affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. _________________________________________ (Signature of Notary Public - State of Florida) _________________________________________ (Print, Type or Stamp Commission Name of Notary Public) Personally Known ______ OR Produced Identification________ Type of Identification Produced______________________________ 72 EXHIBIT A SCOPE OF SERVICES [Scope of Services will be inserted prior to execution] 73 EXHIBIT B FEES AND PAYMENTS [Will be inserted prior to execution] Page 1 of 3 The City of Boynton Beach ADDENDUM No. 1 DATE: October 02, 2019 RFP TITLE: TOWING AND STORAGE SERVICES RFP NO.: 024-2110-19/RW This addendum to the specifications, and/or contract documents is issued to provide additional information and clarification to the original RFP specifications and proposal form and is hereby declared a part of the original specifications and/or contract documents. In case of a conflict, this Addendum No. 1 shall govern. RESPONSES TO QUESTIONS Question: How many vehicles has the city had towed in the last 12 months? Answer: The City requests approximately 140 rotational tows per month and 9 free tows per month for an annual average of 1,788 tows. ADD: PRE-PROPOSAL CONFERENCE is scheduled as follows: • DATE: Wednesday, October 09, 2019 • TIME: 3:30 P.M. • LOCATION: City of Boynton Beach Main Conference Room, 3301 Quantum Blvd., Boynton Beach, FL 33426 REVISION: SUBMITTAL INFORMATION response due date is revised as follows: The City of Boynton Beach will receive RFP responses until OCTOBER 23, 2019, no later than 2:30 P.M. (LOCAL TIME) in Procurement Services located at 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426. INQUIRIES due date is revised as follows: Interested proposers may submit written inquiries regarding questions about the proposal to Randy Wood, Purchasing Manager, by e-mail: woodj@bbfl.us, or by telephone (561) 742-6322. Purchasing Services will also receive written requests for clarification concerning the meaning or interpretations of this RFP, until: OCTOBER 11, 2019, 4:00 P.M. Finance/Procurement Services 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6310 FAX: (561) 742-6316 Page 2 of 3 Section IV – SCOPE OF SERVICES is revised as follows: 1.0 Scope of Work 1.1 Towing Services All actions required for a safe tow that protects the vehicle / vessels / equipment from damage will be performed by the tow company to include removing drive shafts and caging brake chambers. 1.1.2 Towing – City directed for City vehicles / vessels For the purposes of this agreement, a tow is considered to be for “convenience” when a vehicle can be safely driven and the City chooses not to do so. Towing of vehicles for City convenience, shall be paid by the City. Provide a fixed rate for towing City vehicles / vessels / equipment from City property to auction site within Palm Beach County_____________________. PRICE PER TOW Sincerely, Tim W. Howard Assistant City Manager - Administration cc: Finance/Procurement THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 3 of 3 The City of Boynton Beach ACKNOWLEDGEMENT OF ADDENDUM No. 1 TOWING AND STORAGE SERVICES RFP NO.: 024-2110-19/RW RESPONDENT MUST SIGN, DATE AND INCLUDE THIS “ACKNOWLEDGEMENT OF ADDENDUM NO. 1 WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. PRINT NAME OF REPRESENTATIVE SIGNATURE OF REPRESENTATIVE NAME OF COMPANY DATE Finance/Procurement Services 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6310 FAX: (561) 742-6316 Page 1 of 3 The City of Boynton Beach ADDENDUM No. 2 DATE: October 17, 2019 RFP TITLE: TOWING AND STORAGE SERVICES RFP NO.: 024-2110-19/RW This addendum to the specifications, and/or contract documents is issued to provide additional information and clarification to the original RFP specifications and proposal form and is hereby declared a part of the original specifications and/or contract documents. In case of a conflict, this Addendum No. 2 shall govern. Answers to the following questions received are hereby provided for clarification purposes: 1. QUESTION: In order to be considered responsive you must meet the minimum equipment eligibility at time RFP is submitted? ANSWER: 2.0 Minimum Equipment Eligibility, states the following: At a minimum, Contractor shall own or lease four (4) Class “A” Towing/Recovery Vehicles and two (2) Class “B” Towing/Recovery Vehicles in their fleet at time of RFP opening to be considered as a responsive bidder. Additionally, Contractor shall, within forty-five days of award and prior to execution of Towing Franchise Agreement, and as a condition precedent to engaging in towing activities in the City, own or have under lease or joint use agreement the following: Option I – Single Provider: One Class “C” Towing/Recovery Vehicle and One Class “D” Towing/Recovery Vehicle; Option II – Two Providers: One Class “D” Towing/Recovery Vehicle Option III – Three Providers: One Class “D” Towing/Recovery Vehicle At time of RFP submittal, contractor shall provide information that contractor shall have access through subcontract, lease, or joint use agreement, to one Lowboy with capabilities to transport all large-scale City vehicles 8.0 PERFORMANCE PROBATION PERIOD, states the following: A. A contractor awarded an Agreement will be subject to a three (3) month probationary period. During this time, the contractor's performance will be evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the standards set forth in this Agreement, the City Commission may, upon the Finance/Procurement Services 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6310 FAX: (561) 742-6316 Page 2 of 3 recommendation of City staff, by written notice setting forth the default under the Agreement terms, revoke the Agreement. If performance is acceptable at the end of the probationary period described herein, TOW CONTRACTOR will be so notified by the City. B. Should the City Commission revoke the Agreement within the three (3) month probationary period, another Agreement may be awarded to an eligible company as determined by the City Commission. 2. QUESTION: Just to confirm minimum storage requirements of inside & crime scene storage being 15 spaces inside city limits. ANSWER: 3.0 Minimum Storage Eligibility, states the following: All indoor storage must be located within City limits. Contractor shall maintain a minimum of fifteen (15) outdoor storage spaces on site with Office Operations and must be located in the City limits. 3. QUESTION: Due to rising costs, would the city consider changing fleet city tows to allow contractors to charge a discounted fixed rate for tows outside of City of Boynton Beach limits only? ANSWER: NO 4. QUESTION: Due to rising costs, would the city consider changing fleet city tows to allow contractors to charge a discounted fixed rate for tows over the amount of tows estimated in RFP. For example, if bid states 10 city fleet tows per month, then the 11th city fleet tow is to be paid by the City. ANSWER: NO 5. QUESTION: Just want to confirm an addendum will be sent out on how many police directed tows & how many city fleet tows are conducted? ANSWER: The information provided in Addendum 1 is hereby revised after performing a more accurate count for the time period (October 1, 2018 to October 1, 2019). The City requests approximately 120 rotational tows per month and 18 City tows per month for an annual average of 1,644 tows. Sincerely, Mara Frederiksen Director of Financial Services THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 3 of 3 The City of Boynton Beach ACKNOWLEDGEMENT OF ADDENDUM No. 2 TOWING AND STORAGE SERVICES RFP NO.: 024-2110-19/RW RESPONDENT MUST SIGN, DATE AND INCLUDE THIS “ACKNOWLEDGEMENT OF ADDENDUM NO. 2 WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. PRINT NAME OF REPRESENTATIVE SIGNATURE OF REPRESENTATIVE NAME OF COMPANY DATE Finance/Procurement Services 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6310 FAX: (561) 742-6316 EXHIBIT E CONTRACTOR'S PROPOSAL And BEST & FINAL OFFER for Towing and Storage Services 14 REQUEST FOR PROPOSALS FOR TOWING AND STORAGE SERVICES RFP No.: 024-2110-19/RW FRANCHISE FEE PROPOSAL FORM BEST $ FINAL OFFER Contractor to propose annual Franchise Fee that will be paid to the City of Boynton Beach for each annual term contract award period, quarterly payments in advance or each corresponding quarter in accordance with the terms and conditions and specifications contained in the RFP and resulting Agreement. THE UNDERSIGNED Proposer, having familiarizes himself with the requirements of the RFP hereby proposes the following annual Franchise Fees: OPTION 1: SINGLE AWARD: $ 121,096.00 OPTION 2: DOUBLE AWARD: OPTION 3: TRIPLE AWARD: Annual Franchise Fee $ 46,096.00 Annual Franchise Fee" $ 11,096.00 Annual Franchise Fee Beck's Towing & Recovery, Inc. will comply with the Addendum No 1. provision revision to Section IV — SCOPE OF SERVICES stating "All actions required for a safe tow that protects the vehicle / vessels / equipment from damage will be performed by the tow company to include removing drive shafts and caging brake chambers" at "NO CHARGE". Beck's Towing & Recovery, Inc. COMPANY NAME { 561 ) 369-1096 TELEPHONE NO. BecksTowing@AOL.com E-MAIL ADDRESS 11/18/2019 DATE Stephanie L. Beck PRINTED NAME VP America's Gateway to the GuhWrrm TITLE TABLE OF CONTENTS B"V Towing & Baron, Inc. REQUEST FOR PROPOSALS FOR TOWING AND STORAGE SERVICES RFP NO.: 024-2110-19/RW Letter of Transmittal ITEM A - Company Organization and Experience ITEM B - Qualifications and Experience of Individuals ITEM C - Equipment ITEM D - Experience with other Government Agencies for Police directed tows ITEM E - Record Keeping and Reporting Sample Invoice Tow Slip ITEM F - Technical Approach ITEM G - Storage Locations ITEM H - Acknowledgement of Business type ITEM I - Rate Schedule for clean-up hazardous waste chemicals Proposer Acknowledgement Proposal Form Addenda Statement of Proposer's Qualifications Anti -Kickback Affidavit Confirmation of Minority Owned Business Non -Collusion Affidavit Confirmation of Drug Free Workplace Subcontractor Participation PBC Inspector General Local Business Status Certification Form Certification Pursuant to Florida Statute § 287.135 SOLO, rower Rec&My, Ina 410 N. E. 51j'� r4 m- Soyni&m 8eacJi F1,33435 561-369-1096 Beck's Towing & Recovery Inc. opened its doors in Boynton Beach in June of 1995. What started with one truck and just Steve Beck, quicklygrew to 7 employees and 6 trucks. We are a family - based company that prides ourselves on helping the community that we live and work in. In 1998 Beck's Towing became a part of the City ofBoynton Beach rotation, which consisted of companies. Beck's has been towing for the city for 21 years, with the last 9 years as a franchise provider. Solely, we have had this contract for 1 year. Typically, there is a 30 minute ETA for police directed tows, our response time is genuinely between 15/20 minutes, due to the fact that we are based in the city and all drivers live in the City ofBoynton Beach. LETTER OF TRANSMITTAL Beck's Towing & Recovery, Inc. is the only party interested in the City of Boynton Beach RFP # 024-2110-19/RW. Steven E. Beck, CEO of Beck's Towing & Recovery, Inc., along with his daughter Stephanie Beck, Vice President of Beck's Towing & Recovery Inc., declare that there has not been any collusion with any other person or entity submitting a proposal pursuant to this RFP. Stephanie Beck 410 NE75th Avenue Boynton Beach, FL 33435 561-369-1096 Tax ID#65-0653585 &A 94 7o- whW & fWecovery, Inc, THE FOLLOWING TECHNICAL PROPOSAL FORMS MUST BE SUBMITTED IN ORDER FOR THE SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. TECHNICAL PROPOSAL ITEM A. enMPANY ORGANIZATION /EXPERIENCE QUESTIONNAIRE -------- ------ ----- ----- ------ DETAIL YOUR RESPONSE HERE. ATTACHMENTS MAY BE SUBMITTED TO FURTHER DETAIL YOUR RESPONSE AND ARE TO BE LABELED ACCORDINGLY. 1 Number of years Organization as stated on the Acknowledgement of Business Type Form has been in business. Minimum requirement is 24 Years three years. 2 Number of years Organization as stated on the Acknowledgement of Business Type form has been in 24 Years business with current ownership. 3 Number of Years Palm Beach County Detail each year 24 Consecutive Years Operating Permit has been in place. 4 State the name of the individual who will have personal supervision / Stephanie Beck responsibility of the City of Boynton Beach account. 5 Under what other former names has our organization operated? None 6 Detail any Professional Commendation from Delray Beach Police Dept. Recognition/Awards received by the John I Leonard Letter of Recognition organization during the past five *See Attached* ears. Co ies to be attached. 7 Detail if organization has currently in place an ongoing training / safety Safety and training is completed on a weekly basis program. Copy of program manual on site at Becks Towing. table of contents to be attached as a minimum. 8 Describe any litigation, arbitration, mediation or other proceeding whereby, during the past seven years, a court or any administrative agency has ruled against the firm in any None manner related to its towing / storage activities. Include outcome and amount of settlement. 9 Detail any Palm Beach County Consumer Affair Cases and Palm Beach County Citations during the past seven years. Include outcome None and amount of settlement. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 29 FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 10 Describe any current or pending litigation. NONE 11 Describe any pending inquires not resolved with Palm Beach County NONE Consumer Affairs, Towing Jurisdiction 12 Proposer to make a statement if they have ever had a contract terminated for cause and detail date, entity / name of NONE company during the past seven years. Applies to Public contracts only. 13 If Proposer is a Corporation, answer the following Date of Incorporation: 1995 Date of Incorporation State of Incorporation: Forida State of Incorporation President's Name: Steven Beck President's Name Vice President's Name: Stephanie Beck Vice President's Name Secretary's Name: N/A Secretary's Name Treasurer's Name: N/A Treasurer's Name Name and address of Registered agent: Steven Beck Name and address of Registered agent 410 N.E. 5TH AVE. BOYNTON BEACH, FL 33435 14 If Proposer is an individual or partnership, answer the following Date of organization Incorporated in 1995 Name and address and ownership Steven Beck 410 N.E. 5th Avenue, Boynton Beach, Ft 33435 units of all partners State whether general or limited partnership 15 If Proposer is other than an individual, corporation or partnership, describe the organization type and give the name NONE and address of principals 16 If Proposer is operating under a fictitious name, state such here and submit evidence of compliance with Florida Fictitious Name Statue with the NONE proposal. 17 Identify if Proposer has any interest in automotive or truck repair, paint and body, salvage, junkyard, or recycling businesses, and shall acknowledge NONE and list the specifics. IF NO, IDENTIFY AS SUCH 18 Detail your office location address and 410 N.E. 5TH AVE. BOYNTON BEACH, FL 33435 hours of operation. 8AM-6PM MONDAY -FRIDAY THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 30 FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE WN w Q z z O N W C31 J D z LL W Q z W_ rz W CL w G z m z O Q LL J Q m LU F- CL 0 CL CL cv L O u) O ca L O CL O LZ al L O > N � I— rr UM m� N C Q E (c a ♦�♦�ME vJ C C U=z Z c t: C a C- c WEU. � � u z 0.9 0. c 1= � n F �s J O E a Q 0 L 0 n > E Z'0 c M °X O�CX NL0 I— Q m w O o "� Q Q c Cl) � o�-a)°�' g g g g Ii0�J U U U U �O 3 N Sq N = N c�C (D CL T M NCN M LO N d LO O X O I- W I -- -p 16 m N Nfl.� MN N N r N a1 X != L >- W 3 O N a] C I OC � L 0 a) t � I— i 00 a) L •4a { =m L (D L L O N t ; J U) a w a U_ z 0 W f - 0 rn N v— Na �c N m O — U > N N N N t N— = N 4- .0 C N C� N E C a cr � O 7. 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N LO I a 1 1 :.i U p m m 4) m � a � o N�N�N mm m@ m@ 4) aim 0 mw I N tiU 1 Z 0 E L) =� i E 1 NE _ 'C U L N . ~ f � ' 0 = L Q C U U) U V Q Q Q < GD o0 0 0 �' @ a !!1 U Cc) v L) m U) U) U U) U) U) U) U Cl- 4) °' o w. 4) >% M� US aU c� c� v m 5 m 5 m 5 m 5 m 6 m 5 �i >-zo2 >~ Um N M W J m m W 0 W O U Z Q 0 -i Z V)a O 'L' CL III I� O .� a O LLI0 Z w 0 Q z 0O ui U f— w m m O N w W <' CO Y O U� W Q Ll - CL m N cc XO Cl) cc 0 cc 0 z � O O cc a z L R � 2 0 « LLJ D � 3 q Lnm O k Ln z R LLJ m F- m Q Q « 0 2 « F- -j � 0 Q 0 cc 0 K 0 U m 0 q f Q « U - cc cc 0 LL � q U k m% Q � � g C 2 22� d �Uk§ �r�U E � % % k ~ � � k 0 $ O 0 % > E 2 CD � LO04 z� U- w C z w 2 7 $ k > � ■a f c 3 0 $ @ ■ &2 7 % $ %7 5 §§ 2 $ E k § > § w /k -J LLCL £_ U) \k E F- E § 7 2 0 A U) E ■/ W F- cf.2 (U 2 �� < % rL� �k0 0 2 U) !t-- -c F- » y a — a CL■■ >C< 6 o c c Cl) cc 0 cc 0 z � O O cc a z L R � 2 0 « LLJ D � 3 q Lnm O k Ln z R LLJ m F- m Q Q « 0 2 « F- -j � 0 Q 0 cc 0 K 0 U m 0 q f Q « U - cc cc 0 LL AC L7® CERTIFICATE OF LIABILITY INSURANCE DAT7/29/DDIYYYI7 7/29/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Chase Insurance Agency, Inc 333 N W 70 Ave; #108 Plantation FL 33317 CONTACT NAME: Belinda Mosley PHONE FAX M. No : 954-792-4300 A/c Not: 954-791-9344 ADDRESS: Belinda chaseinsurance.net INSURER(Sl AFFDRDING COVERAGE NAIC# 813/2019 INSURER A: FUBA EACH OCCURRENCE $1,000,000 INSURED BECKS -1 Beck's Towing & Recovery, Inc 410 NE 5th Ave INSURER B: AmGuard Insurance Company 42390 INSURER C : INSURER D: Boynton Beach FL 33435 INSURER E : PRODUCTS - COMP/OP AGG $ 2,000,000 INSURER F: 8 COVERAGES CERTIFICATE NUMBER: 653855236 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL UBR POLICY NUMBER POLICY EFF MM/D POLICY EXP MM/D LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F_Y� OCCUR K2GP006862 813/2019 8/3/2020 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence$100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ❑PRC JECT El LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ 8 AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED X SCHEDULED AUTOS AUTOS HIRED AUTOS NON-OWNED K2GP006862 8/3/2019 8/3/2020 COMBINED SINGLE LIMIT $1,000,000 Ea accident 1 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY $AUTOaccident) UMBRELLA LIAB EXCESS UAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑N OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below / A 10653553 11/24/2018 11124/2019 STATUTE ETH E.L. EACH ACCIDENT $100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500,000 B B Garagekeepers Legal Liability On -Hook & Cargo K2GP006862 K2GP006862 8/3/2019 8/3/2019 8/3/2020 8/3/2020 500/2,500 Ded. 150,000 1,000 Oed 150,000 DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Garagekeepers Legal Liability Coverage at locations 410 NE 5th Ave., Boynton Beach, FL 33435 & 1499 SW 30th Ave., Boynton Beach, FL 33426. Certificate holder is additional insured with respect to work performed by the Insured on their behalf. CERTIFICATE City of Boynton Beach 100 E. Boynton Beach Blvd Boynton Beach FL 33425 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 'jam, c4 a't_� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD VEHICLE SCHEDULE Insured: Beck's Towing & Recovery, Inc Policy Term: 08/03/19 To 08/03/20 Vehicle Information ON HOOK YEAR MAKE MODEL COMPRE- COLLISION & CARGO VEHICLE I. D. HENSIVE 2003 Western5ta Wrecker 1000 1000 150,000 5KKXAC0063PL89539 2015 Hino Flatbed 1000 1000 150,000 5PVNJ8JP2F4S51374 2012 Kenworth Wrecker 1000 1000 150,000 2NKHHN7X3CM325310 u 2016 Hino Rollback 1000 1000 150,000 5PVNJ8JP6G4S51539 2016 Hino Flatbed 1000 1000 150,000 5PVNJ8JN9G4S52456 2016 Ford Wheel Lift 1000 1000 150,000 1FDUF5GT8GEC47532 J CO O a. w 4. J Z 2 N LLI U � ~ U Oo H.0 02 W go H � U � W Ir m 0 > W U � _ m J Q. O N CL I c Oc W U2- Z Lu E Q p N N W x W c O :r m 0 � o �0 Z z m o Z } O m� Z Z 0 L O N O 0 0 0 awU N N N O O U CO CO U n N H co L E n an 7 Z p� m i4 w C co0 o co N 2 co co Q' fD c? .c 4. O L Ul N L N N a.= cc p CL E p U 0 00 U CO U) U (D N Q CL L �L c L CO L C U Q ,o CL (6 c m 0 `�' Q W O Co O E J CL m d N Z F- I I I I 1 0 — N M IT In Cp I-- OD 01 r J Q CD 0 M 0 d Q U_ z U w H 0 z F O a w 0 z a c� z E w LU Y D O v LU i LU 2 w kn M i PROFESSIONAL WRECKER OPERATORS OF FLORIDA, INC. - ORLANDO, FLORIDA i PWOF "What the heck... 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R in = LL.cli cJo m Fm- w LLL U- !o LLL LJi Y 0p N Cl)c n N N M = M O co !� C. Q Z It D m U oLL Go X W w p co m U > Y cli LO _ U U U U U a a a a aa. ?a za ?a za ?a mo mo ui ME inn min o inn U U U U U a a a a aa. z z z z z O O O m � ~a �~a �a >-~a za mp mp mp in in � � w V Rm' fA in U W p in _Jui QQJ U Q Q� v 0. zQa D rZ p� QQp Ci0 zU > Yu� a. =0)U) a �� �(Q3� _¢ W !� (o C. N m O N O N N O N O N a N N N N R p rn rn rn rn rn t C •- N Z N •- N r N r N IL o C. C. C. C. r % N Y) V d m 01 m m O V W U 0 a z 0 00 co O N M z D c � o ca N N d Y m V 4 m Y co V F- co d' o C. Z Fm- % N Y) V d m 01 m m O V W U 0 a z 0 00 co O N M Beck's Towing & Recovery, Inc. 410 N. E. 5th Ave. Boynton Beach, FL 33435 Call # 84769 Beck's Towing Inc. Status: Finished Scheduled: 9WO19 5:30:00 PM REQUESTOR Beck's I I VEHICLE Dest. Address: Requested By: BOYNTON POLICE DEPT Make & Model: White 2012 CHEVROLET EQUINOX LT 21-T Contact: Dest. Zone: Vehicle #: VIN: 2GNALPEKIC1306350 Owner: RAQUELE SAMONE WESTER 561 Tag: HWZG48 Tag State: FL Loc. Landmark: Quoted Price: Actual Price: $858.25 Key Location: YES Odometer: Loc.Address: 3200 Old Boynton Rd Reason: Accident ASSIGNED TO Boynton Beach, FL 33436 Req. Truck: Flatbed Loc. Zone: A Zone KYLE GRULER Notes: 9/9/2019 5:11 PM Vehicle: (8) Flatbed TASK(S) Dispatched: 9/9/2019 5:11 PM Dest/Impound: Beck's PO * CASE#19-51100 Dest. Address: 410 N. E. 5th Ave. Pay Method: Account Boynton Beach, FL 33435 Member No.: Dest. Zone: A Zone Member Limit: Mileage Limit: Bill To: BOYNTON POLICE DEPT Co -Pay: Ticket * 66882 Quoted Price: Actual Price: $858.25 Remarks: LIENHOLDER CALLED 9-23-19 OR RELEASED 10-1-19 ALLSTATE OUT 10-1-19 COPART 10-1-19 COPART 10-2-19 SERVICE(S) Flatbed Light $167.00 Administration fee $53.50 Mileage $22.50 Storage $615.25 ASSIGNED TO ETlME STAMPS Driver: KYLE GRULER Received: 9/9/2019 5:11 PM Vehicle: (8) Flatbed Dispatched: 9/9/2019 5:11 PM Assigned: 9/9/2019 5:11 PM USERS INVOLVED Confirmed: 9/9/2019 5:11 PM Call Taker: Stephanie Beds En Route: 9/9/2019 5:12 PM Dispatcher: Stephanie Beck Arrived: 9/9/2019 5:24 PM Cancelled By: Left Scene: 9!9/2019 5:47 PM Cancel Reason: pest. Arrived: 9/9/2019 6:00 PM Finished: 9/9/2019 6:10 PM Beck's Towing Inc. 410 N. E. 5th Ave. Boynton Beach, FL 33435 Ph: (561) 369-1096 Fax: (561 )369-0698 For: BOYNTON POLICE DEPT 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 From: 3200 Old Boynton Rd Boynton Beach FL 33436 To: Beck's, 410 N. E. 5th Ave. Boynton Beach FL 33435 Tow Ticket Date 9/9/2019 Job # 84769 Owner: RAQUELE SAMONE WESTER Reason: Accident P.O. #: CASE#19-51100 Vehicle VIN Veh # Tag State Odometer White 2012 Flatbed Light $167.00 $0.00 0 $167.00 CHEVROLET 2GNALPEK1C1306350 $50.00 HWZG48 FL $53.50 EQUINOX LT 21-T Mileage $7.50 $0.00 0 $22.50 Qty Service Rate Adjustment Tax Amount 1.00 Flatbed Light $167.00 $0.00 0 $167.00 1.00 Administration fee $50.00 $0.00 3.50 $53.50 3.00 Mileage $7.50 $0.00 0 $22.50 23.00 Storage $25.00 $0.00 40.25 $615.25 Total $858.25 Message: If you have questions or complaints about a non -consent towing rate unable to be resolved by the towing company management, contact the Palm Beach County Consumer Affairs Division, West Palm Beach, Florida at 561-712-6600 or www.pbcgov.com/consumer Average ATA by Driver and Division Period: 091021201912:00 AM through 10/02/2019 11:59 PM Division: Beck's Towing Inc. Driver ( Type ( Average ATA Donald, Melvin TD#263 Driver 23 Jarred, Stante TD#45 Driver 15 KYLE GRULER Driver 13 Matt, Rogers Driver 10 Beck's Towing Inc. 15.25 Minutes Report Total: 15.25 Minutes Printed: 10/2/2019 8:56:24 AM Page: 1 of 1 TECHNICAL PROPOSAL ITEM F - TECHNICAL APPROACH THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 36 FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE DETAIL YOUR RESPONSE BELOW Describe the range of towing and related services performed by your firm and your implementation plan for this contract. This section must Beck's utilizes a dispatch program called Dispatch Anywhere that is address dis atch cl p ean-u p, interent based. This program allows for real time call logging and quick dispatching to the driver of the call. All police ETA's are within 20 minutes. working with the officer at the Each tow truck is enabled with GPS tracking. Upon arriving on a scene the driver will meet with the officer to ensure the safest and quickest way to Gear the scene. scene, and any internal All drivers are trained in accident management (clean up, proper loading of vehicle and safety per DOT regulations). Any issues or complaints are procedures that are necessary to handled internally and swiftly. provide quality assurance with the requirements of the contract. Describe your ability to have available staff 24/7 to adhere to we currently provide a 24/7 operation. No additional staff is needed the requirements of the contract or if you will need to hire additional staff in the event that you are awarded the contract. Describe your communication systems and ability to adhere to Becks runs a full office staff for the hours of operation that are mandated the minimum qualification requirements of 24/7 telephone by the Palm Beach County Towing Ordinance. After hours dispatch is answered by Stephanie Beck 24/7 Monday thru Friday, weekend dispatch is answered by one of the Beck's drivers. Communication is implemented number answered by an individual by a computer based program directly used by all Beck's dispatchers & drivers. employed by the Contractor and have two-way radio communication from Contractors base station to their service trucks. Detail phone number to be used for 24/7 service / dispatch. 561-369-1096 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 36 FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE TECHNICAL PROPOSAL ITEM G - STORAGE LOCATION(S) Identify Storage location(s) to verify the minimum storage requirements are met. Occupational license shall be submitted for each location, prior to the start of the Franchise Agreement. Storage Location 1 Name on Building Beck's Towing & Recovery, Inc. Address 410 N.E. 5th Ave. Boynton Beach FL 33435 Phone No. / Fax No. 561-369-109 Fax 561-369-0698 Number of Inside Storage Spaces 10 Number of Outside Storage Spaces 100 Storage Location 2 Name on Building Beck's Towing & Recovery, Inc. Address 1500 S.W. 30th Ave. #8. Boynton Beach, EL 33426 Phone No. / Fax No. Fax Number of Inside Storage Spaces 5 Number of Outside Storage Spaces 0 Storage Location 3 Name on Building Storage Address Total Number of Outside Phone No. / Fax No. Storage Number of Inside Storage Spaces Number of Outside Storage Spaces * Crime Scene Storage Facility — For vehicles marked "HOLD" required to be in Palm Beach County and within a 10 -mile radius of the City of Boynton Beach Police Department. Detail which inside storage location would be used. Detail which outside storage location would be used. Total Number of Inside Storage 15 Total Number of Outside Storage 100 Detail the Security Equipment & other *8" Fence with 2" barbed wire Measures put in place to exceed the Palm Beach County Towing Ordinance *Security Cameras minimum storage requirements *Security Lighting THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 37 FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CRIME SCENE STORAGE FACILITY Vehicles that are marked "HOLD" will be stored at the following locations: OUTSIDE HOLD VEHICLES: 410 NE 5TH AVENUE BOYNTON BEACH, FL 33435 INSIDE HOLD VEHICLES: —* SHORT TERM HOLD - 5 DAYS OR LESS: 410 NE 5TH AVENUE BOYNTON BEACH, FL 33435 —* LONG TERM HOLD - 5 DAYS OR MORE: 1500 SW 30TH AVENUE, BAY #8 BOYNTON BEACH, FL 33426 `l3eck'a Towing & Wecovery, Inc. ITEM H - ACKNOWLEDGMENT OF BUSINESS TYPE RFP No. 0242110-19/RW This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths and submitted with the RFP package on the specified RFP deadline date. The undersigned proposer certifies that this proposal package is submitted in accordance with the specifications in its entirety and with full understanding of the conditions governing this proposal and acknowledges and understands that the information contained in response to this RFP shall be relied upon by the City in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under contract may cause the City to reject the Proposal, and if after the award to cancel and terminate the contract. BUSINESS ADDRESS of PROPOSER: 410 N.E. 5th Avenue Address Boynton Beach FI 33435 City State Zip Telephone No. 561-369-1096 Fax No. 561-369-0698 Federal ID. No. 65-0653585 email: BecksTowing(&aol.com SIGNATURE OF PROPOSER If an Individual: doing business Signature as If a Partnership: by: General Partner Signature If a Corporation: Beck's Towing & Recovery, Inc_ Corporate Name (a by Title: v r Attest: (SEAL) Corporate Secretary THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 38 FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE NOTARY PUBLIC: STATE OF: P 1 OY do, COUNTY OF: Rmr��1�Q G C 2Lg (,5::i The foregoing instrument was acknowledged before me this Z day of 06W O f✓X*5 by who is (whot(didnot ally known to a or who has produced as identification and who dake an oath. NOTARY PUBLIC SIGNATURE: C�� 6&k BRMM COOK NOTARY NAME, PRINTED, TYPED OR STAMPED: RN WMIM '!6 eondw i RUO ist State Insurance Commission Number: Ff�qS%l (D My Commission Expires: lap')U THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 39 FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RATE SCHEDULE FOR CLEAN-UP OF HAZARDOUS WASTE CHEMICALS Rate schedule may be submitted as an attachment. Rate schedule will not be utilized in the evaluation criteria. Description Rate / Unit of Measure Mandated and/or licensed though state or local alws and apporoved by the investigating law enforcement agency/officer. ;'See PBC Regs." Towing company prevailing rate. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 40 FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE REQUEST FOR PROPOSALS FOR TOWING AND STORAGE SERVICES RFP No.: 024-2110-19/RW GENERAL CONDITIONS 1. FAMILIARITY WITH LAWS: The qualifier is assumed to be familiar with all Federal, State and Local laws, ordinances, rules and regulations that in any manner affect the equipment. Ignorance on the part of the qualifier will in no way relieve them from responsibility. 2. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection. 3. EXECUTION OF BID: Proposal must contain an original signature of a representative who is legally authorized to contractually bind the Proposer. 4. NO BID: If not submitting a proposal, respond by returning one copy of the "STATEMENT OF NO BID" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the Professional's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. 5. BID DEADLINE: It is the proposer's responsibility to assure that the proposal is delivered at the proper time and place prior to the proposal deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Proposals which for any reason are not delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider proposals that have been determined by the City to be received late due to mishandling by the City after receipt of the proposal. Offers by telegram or telephone are not acceptable. 6. RIGHT TO REJECT RFP: Right is reserved to reject any or all RFP's and to waive technical errors, or to accept any RFP's that are in part deemed as the best responsible qualifier which represents the most advantageous RFP to the City. In determining the "most advantageous RFP", price, quantifiable factors, and other factors are considered. This would include specifications, proposed schedule, the proposed price and other factors contributing to the overall acquisition cost of this service. Consideration may be given, but not necessarily limited to conformity to the specifications, including timely delivery, product warranty, a qualifier's proposed service, ability to supply and provide service, delivery to required schedules and past performances in other Contracts with the City or other government entities. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 41 FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 7. RIGHTS OF THE CITY: The City expressly reserves the right to: ■ Waive as an informality, minor deviations from specifications at a lower price than the best responsible qualifier meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; ■ Waive any defect, irregularity or informality in any RFP or qualifying procedure; ■ Reject or cancel any or all RFP's; ■ Reissue Request for Proposal Invitation; ■ Extend the RFP opening time and date; ■ Consider and accept an alternate RFP as provided herein when most advantageous to the City. 8. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective qualifier has: ■ Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements; ■ A satisfactory record of performances; ■ A satisfactory record of integrity; ■ Qualified legally to Contract within the State of Florida and the City of Boynton Beach; ■ Supplied all necessary information in connection with the inquiry concerning responsibility. 9. INFORMATION AND DESCRIPTIVE LITERATURE: Proposers must furnish all information requested in the spaces provided on the RFP form. Further, as may be specified elsewhere, each qualifier must submit for RFP evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous RFP or on file with the buyer will not satisfy this provision. 10. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the RFP closing. Inquiries must reference the date by which the RFP is to be received. 11. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 12. TRADE SECRET: Any language contained in the Proposer's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 42 FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE information contained in the Proposer's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 13. SUBCONTRACTING: If a qualifier subcontracts any portion of a Contract for any reason, they must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all RFP's wherein a subcontractor is named and to make the award to the qualifier, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject the RFP of any qualifier if the RFP names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. 14. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Proposers at the Office of Procurement Services, it is each qualifier's responsibility to check with the issuing office and immediately secure all addenda before submitting RFP's. It is the usual practice for the City to upload all addenda to Demanstar.com, but it cannot be guaranteed that all Proposers will receive ALL addendum(s) in this manner. Each qualifier shall acknowledge receipt of ALL addenda by notation on the RFP. 15. ESCALATOR CLAUSE: Any RFP which is submitted subject to an escalator clause will be rejected. 16. EXCEPTIONS: Incorporation in an RFP of exceptions to any portion(s), of the Contract documents may invalidate the RFP. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the qualifier's RFP on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the RFP. The use of qualifier's standard forms or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 17. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 18. ANTITRUST CAUSE OF ACTION: In submitting an RFP to the City of Boynton Beach, the respondent offers and agrees that if the RFP is accepted, the respondent will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tender's final payment to the respondent. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 43 FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this RFP prior to their delivery, it shall be the responsibility of the successful qualifier to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. 20. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the qualifier will in no way be a cause for relief from responsibility. 21. ON PUBLIC ENTITY CRIMES - All Request for Proposal Invitations as defined by Section 287.012(l 1), Florida Statutes, Requests for Proposal as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted Professional list following a conviction for public entity crime may not submit an RFP on a contract or provide any goods or services to a public entity, may not submit an RFP on a contract with a public entity for the construction or repair of a public building or public work, may not submit RFP's on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Professional list". 22. ADVERTISING: In submitting an RFP, the qualifier agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE TO CONTRACT CONDITIONS". 23. ASSIGNMENT: Any Purchase Order issued pursuant to this RFP invitation and the monies which may become due hereunder are not assignable except with the prior written approval of the City. 24. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, attorney fees, expenses and liabilities incurred in and about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) business days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim, suit, or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 44 FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. 25. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: At the option of the Professional, the use of the contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, school boards, political subdivisions, counties, and cities. Each governmental agency allowed by the Contractor to use this contract shall do so independent of any other governmental entity. Each agency shall be responsible for Its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 26. AWARD OF CONTRACT: Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible qualifier whose RFP represents the most advantageous RFP to the City, Evaluation of RFP's will be made based upon the evaluation factors and standards heretofore set forth. The City reserves the right to reject any and all RFP's and to waive technical errors as heretofore set forth. In the event of a Court challenge to an award by any qualifier, damages, if any, resulting from an improper award shall be limited to actual RFP preparation costs incurred by the challenging qualifier. In no case will the award be made until all necessary investigations have been made into the responsibility of the qualifier and the City is satisfied that the best responsible qualifier is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. 27. FUNDING OUT: The resultant Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission for the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 28. LICENSE AND PERMITS: It shall be the responsibility of the successful qualifier to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Assistant to the Finance Director and City Inspectors. 29. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Qualifier certifies that all material, equipment, etc., contained in this RFP meets all O.S.H.A. requirements. Qualifier further certifies that if awarded as the successful qualifier, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the qualifier. Qualifier certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 30. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 45 FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 31. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 GIBSONC@BBFL.US 32. LOCAL BUSINESS STATUS CERTIFICATION: The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications or Requests for Letters of Interest, the solicitation shall include a weighted criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria published in the solicitation. For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification or Requests for Letters of Interest, where the solicitation includes a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a Local Business preference, as reasonably determined by the Financial Services Department, THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 46 FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Purchasing Services, consistent with the intent of this Policy. Each such solicitation shall clearly define the application of the Local Business preference." In order to be considered for a local business preference, a Respondent must include the Local Business Status Certification Form at the time of RFP submittal. Failure to submit this form at the time of RFP submittal will result in the Respondent being found ineligible for the local business preference for this solicitation. Respondents who are certified as required will receive the full five points allotted for this evaluation criteria. All other firms will receive zero points in this evaluation criterion. 33. SCRUTINIZED COMPANIES - 287.135 and 215.473 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. QUESTIONS: Any questions relative to any item(s) or portion of Request for Proposal should be directed to Randy Wood, Purchasing Manager, (561) 742-6322 Monday through Friday from 8:00 A.M. to 5:00 P.M; email: woodg(&bbfl.us THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 47 FOR RFP PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE REQUEST FOR PROPOSALS FOR TOWING AND STORAGE SERVICES RFP No.: 024-2110-19/RW PROPOSER ACKNOWLEDGEMENT Submit RFP's to: PROCUREMENT SERVICES 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6322 RFP Title: TOWING AND STORAGE SERVICES RFP Number: 024-2110-19/RW RFP Received by: OCTOBER 09, 2019, NO LATER THAN 2:30 P.M. RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for: OCTOBER 09, 2019, NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the City. Name of Professional: Beck's Towing & Recovery, Inc. Federal I.D. Number: 65-0653585 A Corporation of the State of: Florida Area Code: 561 Telephone Number: 369-1096 Area Code: 561 FAX Number: 369-0698 Mailing Address: 410 N.E. 5th Avenue City/State/Zip: Boynton Beach, FI 33435 E-mail Address: BecksTowing@aol.com uthorized Sigrtt re Stephanie Beck Name Typed THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 0242110-19/IT 48 REQUEST FOR PROPOSALS FOR TOWING AND STORAGE SERVICES RFP No.: 024-2110-19/RW FRANCHISE FEE PROPOSAL FORM Contractor to propose annual Franchise Fee that will be paid to the City of Boynton Beach for each annual term contract award period, quarterly payments in advance or each corresponding quarter in accordance with the terms and conditions and specifications contained in the RFP and resulting Agreement. THE UNDERSIGNED Proposer, having familiarized himself with the requirements of the RFP hereby proposes the following annual Franchise Fees: OPTION 1: SINGLE AWARD: OPTION 2: DOUBLE AWARD: OPTION 3: TRIPLE AWARD: Beck's Towing & Recovery, Inc. COMPANY NAME 561 ) 369-1096 TELEPHONE NO. $ 121,096.00 Annual Franchise Fee $ 41.096.00 Annual Franchise Fee $ 11, 096.00 Annual Franchise Fee Stephanie Beck PRINTED NAME BecksTowing@AOL.com VP E-MAIL ADDRESS TITLE 10/23/2019 DATE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 024-2110-19/IT 50 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFP TITLE: "TOWING AND STORAGE SERVICES" RFP NO.: 024-2110-19/RW DATE SUBMITTED: 10/23/2019 We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, means of transportation, coordination, labor and services necessary to completelprovide the work specified by the Contract documents. Having studied the documents prepared by: THE CITY OF BOYNTON BEACH we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM 1 2 DATE 10/2/2019 �OIC-1 ADDENDUM DATE ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 024-2110-19/IT 49 Section IV - SCOPE OF SERVICES is revised as follows: 1.0 Scope of Work 1.1 Towing Services All actions required for a safe tow that protects the vehicle / vessels / equipment from damage will be performed by the tow company to include removing drive shafts and caging brake chambers. 1.1.2 Towing - City directed for City vehicles / vessels For the purposes of this agreement, a tow is considered to be for "convenience" when a vehicle can be safely driven and the City chooses not to do so. Towing of vehicles for City convenience, shall be paid by the City. Provide a fixed rate for towing City vehicle / v sseels /,qquipment from City property to auction site within Palm Beach County T� '"� PRICE PER TOW Sincerely, �) • Ij - Ai -UQ Tim W. Howard Assistant City Manager - Administration cc: Finance/Procurement Page 2 of 3 The City of Boynton Beach Finance/Procurement Services 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6310 FAX: (561) 742-6316 ACKNOWLEDGEMENT OF ADDENDUM No. 1 TOWING AND STORAGE SERVICES RFP NO.: 024-2110-19/RW RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 1 WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. &, wao t 6eo� PRINT WAME OF REPRESENTATIVE —MNTRE OF R ESE TATIVE - NAME OF COMPANY.-.) DATE THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 3 of 3 The City of Boynton Beach Finance/Procurement Services 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6310 FAX: (561) 742-6316 ACKNOWLEDGEMENT OF ADDENDUM No. 2 TOWING AND STORAGE SERVICES RFP NO.: 024-2110-19IRW RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 2 WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. PRINT 14AME OF REPRESENTATIVE SIGNA Pxa -� I'M -, V1 �1 6 ( 0 v i v-& NAME OF COMPANY DATE THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE I.q--= Page 3 of 3 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP response. * attach additional sheets giving the information 1. Name of Qualifier: Beck's Towing & Recovery, Inc. 2. Business Address: 410 N.E. 5th Avenue Boynton Beach, FI 33435 3. When Organized: 1995 4. Where Incorporated: State of Florida 5. How many years have you been engaged in business under the present firm name? 24 Years 6. General character of work performed by your company. Beck's Towing & Recovery, Inc. performs light, medium & heavy duty tows. We also provide roadside assistance that consists of iumostarts, tirechanges, lockouts and winchouts. 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. 7 9. Background and experience of principal members of your personnel, including officers. 10. Bonding capacity, if applicable. N/A 11. Have you ever defaulted on a contract? If so, where and why? * No. THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 51 COMPLETE AND ACCEPTABLE. RFP No. 0242110-19/IT 12. Experience in performance of work similar in importance to this project. Project $ Value City of Boynton Beach undetermined Contact Name Scott Harris Phone # 561-742-6178 13. Contracts on hand. * City of Boynton Beach 14. Largest completed projects (include final cost). 1) N/A 2) 3) 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * 1) arose from performance: * N/A 2) occurred within the last 4 years: * N/A 3) provide case number and style: * N/A Dated at: ber�� S 1 ZA) IoG this 2 day of October 2019 k�(AAMJ- By: (written si ture) Name: Stephanie Beck (printed or typed) Title: VP THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 52 COMPLETE AND ACCEPTABLE. RFP No. 024-2110-19/IT REFERENCES FOR Beck's Towing & Recovery, Inc. NAME OF FIRM i- v' >; Company Name: PBSO Enforceable Writs Dept. Address: 205 N. Dixie Hwy. West Palm Beach, FI 33401 Contact Name: Det. Gallagher Phone: Fax: E -Mail: 561-688-3000 Company Name: Lantana Police Dept Address: 901 N. 8th St. Lantana, FI 33462 Contact Name: Commander Robert Haggerty Phone: Fax: E -Mail: 561-540-5713 Company Name: Boynton Beach Police Dept. Address: 2045 High Ridge Rd. Boynton Beach, A 33426 Contact Name: Scott Harris Phone: Fax: E -Mail: 561-742-6178 r 'yb 3 Company Name: Delray Beach Police Dept. Address: 300 W. Atlantic Ave. Delray Beach, FI 33444 Contact Name: James Wintermute Phone: Fax: E -Mail: 561-243-7888 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 53 COMPLETE AND ACCEPTABLE. RFP No. 0242110-19/IT F u_ - F _ ... -.« . -- .,w .:.moi:.. •'-..� .yPc' "'�. -,... v. ` 1 �- �a;RF_ p? ]. _�'°5i` �;�*�i. � .: .0 �'a fie^ :'` � �".i �vu � ,� •9•.e�'Y '3' s+x ,y �" s � � SEAN SCHEUER Cj-4 F OF Por_zcr May 26, 2015 LANTANA POLICE DEPARTMENT A STATE ACCREDITED LAW ENFORCEMENT AGENCY Re: Beck's Towing & Recovery Inc. To Whom It May Concern, I would like to take this time to acknowledge Beck's Towing and their superior service they have provided to the Town of Lantana Police Department, since joining our rotation tow system in 1996. Since this time they have responded on many occasions, and have do so in a very efficient manner. Beck's Towing is one of thirteen companies I currently have on our rotation towing system. Throughout the years, this company has always been prompt, thorough, and very professional while on scene. Additionally, this company is one of only a few, which can provide a large scale of service when called upon to do so. They have various pieces of equipment, which can be utilized under various conditions. In addition, their equipment is very well maintained, which presents a very positive image, not only for them, but for the various communities they are affiliated with. This speaks volumes with regards to their preparation and dedication to the level of service they provide. I would highly recommend Beck's towing to any entity looking for a reliable and professional company to do business with. Should you have any questions regarding this, please feel free to contact me at your convenience. I may be reached at (561)540-5713. Respectfully, Commander Robert Hagerty Lantana Police Department 500 Greynolds Cicle Lantana, FI 33462 (561)540-5713 Rhagerty2lantana.org 500 Greynolds Circle • Lantana, Florida 33462 • Telephone 561-540-5701 • Facsimile 561-54 -5 711 Detective Sergeant Johnny Ortiz, MBA Palm Beach County- Sheriffs Office Enforceable Writs Section 205 North Dixie Hwy West Palm Beach Fl. 33401 May 14.2015 Reference: Letter of recommendation for Beck's Towing & Recovery To whom it may concern: Please allow this document to serve as official notice as to the outstanding service that has been provided to the Palm Beach County- Sheriff s Office Enforceable Writs Unit by Beck's Towing & Recovery. Over the last five years, Beck's Towing has been the, primary towing service for half of the Palm Beach County area. including the Wellington and Belle Glade areas for the Enforceable Writs Unit. During this time, other towing providers have been contracted by the PBSO Enforceable Writs Unit for the same functions; however, have often fallen short of the level of service and diligence required for such delicate undertakin�� in the execution of Court Directed Writs. Our records indicate that Beck's Towing has provided services to our unit approximately 500 times in the last five years. Additionallv, Beck's Towing has religiously been timely, courteous and responsible business partners both to the Palm Beach County Sheriff s Office and to our customers. Furthermore. Beck's Towing has continued to provide outstanding service while being one of the least expensive tow providers in the county. In closing, please understand that the above mention's this Detective Sergeant's strongest endorsement of Beck's To:yina for to-,ving services in Palm Beach County. t Detective Seraeant,dohii y Ortiz. MBA 3228 Gun Club Road - West Palm Beach, Florida 33406-3001 - (561) 688-3000 ■ http:/nvww.pbso.org -1- 5/14,2015 C:Wsers\onizi\DesktoptReponsTecksT"in g Re vey.eot John 1. Leonard Community High School Melissa. Palferson Principal April 24, 2019 ffome1ofth&1Vi#Ary Lancers -I Beck's Towing & Recovery Inc. 41 0 North East 5 Avenue Boynton Beach, Fl 33435 Our Friends at Beck's Towing & Recovery, On behalf of John I. Leonard High School, I would like to thank you for your generous donation $750 to our ESE department to assist with the cost of prom for our special needs seniors. The monies will allow for the students to a wonderful memory that they may not have had without your generosity. It is individuals and businesses, like yourself, who are making a true difference in the lives and education of our students. The students, and teachers, of John I. Leonard rely on the generosity of donors such as yourself and are grateful for your continued support. Thank you once again. MP:cam 4701 Tenth Avenue North s Greenacres, Florida 33463 e Phone (56.1)491-8347 • Fax (,'-61)491-837,3 The School District cif Pahn Beach County prohibits discrimination anciillst st<rdents. enapinyees, and applicants on the basis c f religion, race. ethnicity. rational origin, color, set. marital status, age, parental status and disability in any of its programs, services or activities. ANTI -KICKBACK AFFIDAVIT STATE OF FLORIDA SS COUNTY OF PALM BEACH I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: IL h A ILLU -,-C &LA --,) L�IAME - SIGNURE RE Sworn a tl ubscribed befo t his day ofLm , 20 Ci NO ARY PUBLIC, State of Florida at Large BRANDICOOK MY COMMISSION #FF959376 EXPIRES: JUN 06, 2020 "OFF MP Printed Information: Stephanie Beck NAME VP TITLE Beck's Towing & Recovery, Inc. COMPANY THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 024-2110-19/IT 54 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? x Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO x If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 56 COMPLETE AND ACCEPTABLE. RFP No. 0242110-19/IT NON -COLLUSION AFFIDAVIT State of Florida ) County of Palm Beach ) Stephanie Beck , being first duly sworn, deposes and says that: 1) He/ he s VP of Beck's Towing & Recovery. Inc. , the qualifier (Title) (Name of Corporation or Firm) who has submitted the attached RFP No. 0242110-19/RW for TOWING AND STORAGE SERVICES. 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) VP Subs ed and sworn J�b� This day of, 20 My commission expires (0 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 55 COMPLETE AND ACCEPTABLE. RFP No. 0242110-19/IT CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal 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 submittals will be followed if none of the tied Professionals have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, 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 than 5 days after such conviction. 5) Impose a sanction 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, 1 certify that this firm complies fully with the above requirements. fessional's Sin ure THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 57 COMPLETE AND ACCEPTABLE. RFP No. 0242110-19/IT R October 3, 2019 Stephanie Beck Becks Towing and Recovery, Inc. 410 NE 5ch Ave Boynton Beach, Fl. 33435 Re: RFP- 024 -2110 -19 -RW, City of Boynton Beach Towing and Storage Services. Dear Stephanie, Please accept this letter as our commitment to supply you on an as needed basis with sub -contracted lowboy transport services as required per the City of Boynton Beach. Should you need any additional information or confirmation please does not hesitate to call on me at your convenience, I can be reached at (561)395-9595. Si Ji 4000 N. Powerline Rd., Pompano Beach, FL 33073 ! 1950 Northwest 1 st Avenue, Boca Raton, FL 33432 Phone: 800.239.0604 s Fax: 954.917.4737 • infoQemeraldtowing.com s www.emeraidtowing.com bctl# TL -00003 • pbc# TP73 .d►co® CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDWYYY") �'� 9/12/2019 FTHIS CERTIFICATE IS ISSUED AS A MATTER DF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ICERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT- If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Chase Insurance Agenvy, Inc NAME: PHOJean Towles 333 N W 70 Ave; #108 ttc EMM 954-792-4300 — _ . - — I 9� Not 54-791-9344 _ IL_ Jean(a�ichaseinsuran Plantation FL 33317 rp net ------------ INSURED -- -- . Emerald Transportation Corp dba Emerald Towing Service & Severe Incident Recovery Team LLC 4000 N Powerline Rd Pompano Beach FL 33073 CAVFRAf.FS f`FIiTIFlf`ATF MIIUI2=0- 4'M4'�4=7. INSURER A: AmGuard Insurance INSURER C : INSURER E : or�mm�u uuunvo. _NAIC a 42390 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR !TYPE OF INSURANCE - LTR;POLICY ACCORDANCE WITH THE POLICY PROVISIONS. — - - NUMBER POLK Y EFF M POLICY EXP M - ----- LIMITS A X COMMERCIAL GENERAL LIABILITY 4— r X i K2GP007281 ! 9/15/2019 9/15/2020 EACH OCCURRENCE $ 1.000,000 �ANiAZaEFiE6 _-- ---_..__- CLAIMS -MADE I OCCUR I I j PREMISES (Ea ocourrence$ 100,000 _^ MED EXP (Any one person) S 5.000 i PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRO- X ' POLICY I J JECT I_; LOC GENERAL AGGREGATE $2,000,000 i I i PRODUCTS - COMPIOP AGG $2,000.000 --- - $ ------- I DTHER: i t AAUTOMOBILE LIABILITY ! ANY AUTO r ALL OWNED I X� SCHEDULED ;— 'AUTOS AUTOS X :' HIRED AUTOS I X NON -OWNED j.!- AUTOS I j K2GP007281 91152019 i ! 9/15/2020 I ! i 1 COMBINED SIN L LIMIT ' (Ea accident) _- S1 09.006 ! BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S _ _ PROPERTY DAMAGE $ Per acddent Pers Injury Protectio ' 1$10.000 — UMBRELLA LIAR 1 OCCUR EXCESS W1B CLAIMS -MADE ?-- --1 - I EACH OCCURRENCE AGGREGATE b_- �'--—}------ Is '. DE�ENTION S [WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNERIEXECUTIVE k OFFICERIMEMBER EXCLUDED? ' (Mandatory In NH) N / A I i STATUTE ERT_�_v_ _ , E.L. EACH ACCIDENT S -- -- _. I E. L. DISEASE . FA EMPLOYE S ! If yes. describe under DESCRIPTION OF OPERATIONS below — - -LI E.L. DISEASE -POLICY LIMIT $ A Garagekeepers Legal Liability On Hook 8 Cargo I ! I K7GP007281 i � 9/152019 9/152020 $500 Ded 550000 .0 ! $1000 Ded See schedule I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Adomonal Remarks Schedule, may be attached K mOR apace is required) Locations covered for Garagekeepers Legal Liability -1980 NW 1st Ave, Boca Raton, FL; 4000 N Powedine Road. Deerfield Beach, FL; 4100 N Powerline, Rd P-3 8 P-4, Pompano Beach, FL and 4270 NW 19th Ave, Deerfield Beach, FL. See attached vehicle schedule for On Hook 8 Cargo limits. f`eoTICIf`ATC 41n1 neo f`AMCFI I ATIOM �i 0 1988-2014 AGORD GOKPOKATIUN. All rtgnTS rG"FVGO. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Palm Beach Cty Divi of Consumer Affairs Towing Division S Military Trail #201 West Palm Beach FL 33415 AUTHORIZED REPRESENTATIVEW /7 t �i 0 1988-2014 AGORD GOKPOKATIUN. All rtgnTS rG"FVGO. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD VEHICLE SCHEDULE Insured: Emerald Transportation Corp Policy Term: 09/15/19 To 09/15/20 Vehicle Information ON HOOK YEAR MAKE MODEL COMPRE- COLLISION & CARGO VEHICLE 1.D. HENSIVE 2007 Hino Rollback 2000 2000 150,000 5PVNV8JR172S50154 2001 Freightlin Wrecker 2000 2000 150,000 1 FVABFAN81 HJ43376 2000 Volvo Tractor 2000 2000 300,000 4V4MD2UEXYN241350 1989 Homemade Semi-Trlr 1000 1000 N/A NOV IN0200297627TC 2010 Homemade Semi-Trlr 1000 1000 N/A NOVIN0200898558 1993 Pace Semi-Trlr 1000 1000 N/A 4FPAB2824PGO02202 2012 Int'I Rollback 2000 2000 100,000 1 HTMMAAL4CH557085 2011 Kenworth Rotator 5000 5000 300,000 1NKDL4OX8BJ2%068 2012 Peterbilt Wrecker 2000 2000 150,000 2NP2HN7X7CM141598 2010 Hino Rollback 2000 2000 150,000 5PVNJ8JTXA4S52696 2007 Kenworth Wrecker 3000 3000 300,000 1 XKDD49X77J901260 2015 Ford Wrecker 2000 2000 100,000 1 FDOX5HTXFED10476 2016 Intl Flatbed 2000 2000 150,000 1 HTMMMMNXGH219372 2017 Int'l Flatbed 2000 2000 150,000 1 HTMMMML4HH652136 2017 Intl Flatbed 2000 2000 150,000 1 HTMMMML2HH652135 2017 Intl 4300 Rollback 2000 2000 150,000 1HTMMMML114H644611 2017 Ford F650 Wheelift 2000 2000 150,000 l FDNX6AYOffDB00284 �1 2019 Peterbilt 3248 FLTBD 3000 3000 200,000 2NP3LJOX I KM267136 2018 Dodge 5500 Wrecker 2000 2000 100,000 3C7WRMBL8JG291393 2019 Pete 567 Rotator 5000 5000 300,000 INPCL4OX2KD275365 2020 Traileze Trailer 2000 2000 NA 1 DASFCO29LP02281 3 2020 Freightlin Flatbed 2000 2000 150,000 1FVACWFC6LHKX3907 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Respondent is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The Respondent understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Beck's Towing & Recovery, Inc. CONTRACTOR NAME By Stephanie Beck Title: VP Date: 10/2/2019 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 58 COMPLETE AND ACCEPTABLE. RFP No. 0242110-19/IT CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, Stephanie Beck , the (Name of officer of company) VP (Title of officer of company) Beck's Towing & Recovery, Inc. , located at 410 N.E. 5TH AVE. BOYNTON BEACH, FL 33435 (Name of Corporation/Company) (Business Address) Of Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: Beck's Towing & Recovery, Inc. 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? X 24 Years 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: X 20-00016528 3. Is the business registered with the Florida YES NO Division of Corporations? X I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that -the business is required to notify the City in writing should it cease to qualify as a local business. - M Print Name: Stephanie Beck Signature: Business License Verified by: ***FOR PURCHASING USE ONLY*** Year Established: Date: Active: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 024-2110-19/1T 59 W City of Boynton Beach r Development Services 100 E Boynton Blvd Boynton Beach, FL 33425-0190 **AUT0**SCH S -DIGIT 334354 PSS 114586BA13-A-1 838 1 AV 0.380 111111 111111111 �"1I�11'I`III'1�,16Jill III BECK'S TOWING & RECOVERY INC. 410NE5TH AVE BOYNTON BEACH FL 33435-3872 Dear Boynton Beach Business and Property Owners: We appreciate your continued participation in supporting economic growth and; viability of our City by maintaining your Certificate. of Use and Occupancy & Local Business Tax. In accordance With Chapter 13 of the City of Boynton Beach Municipal Ordinance, the document(s) below.must be posted in a conspicuous place at your business or property. Should assistance. be needed please contact the Development ServicesDepartment at (561)742-6350 or visit our Website atwww.boynton-beach.org. + DETACH THE DOCUMENT BELOW AND POST CONSPICUOUSLY AT YOUR PLACE OF BUSINESS + ..................... .... m -------------------------------------------------------------- ------------------------------ a— ...... City - ------------ ---- City of Boynton Beach Certificate of Use/Business Tax Receipt Expires on September 30, 2020 Business Control Number: 0015576 Business Name: Beck's Towing ,& Recovery Inc. Date Issued: 08/13/19 Business Location: 410 Ne 5th Ave Any changes in name, address, suite, ownership, etc. will require -anew application. Now. x � Jt f_c {,, �-0 Amy. L: -y P3i ,•:F E y� `,I I.� i ! Sit i e"�'t�Z- d �Y': e� v4 +5 t';' !t^"�.Y a.: .i qtr s,� `w r""s %k. 'L 20-00016528 488410 WRECKER[TOWING SERVICE 6 WRECKERS. City of Boynton 'Beach 100 E Boynton Blvd a Boynton Beach, FL 33425-0190 W=9 Request for Taxpayer Form identification Number Certification Give Form to the (Rev. October 2018) and requester. Do not Department of the Treasury Internal Revenue Service ► Go to wwwJrs gov/FormW9 for instructions and the latest information. send to the IRS. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Beck's Towing & Recovery, Inc. 2 Business name/disregarded entity name, if different from above cD CD 3 Check appropriate box for federal tax classification of the mate PP P � person whose name is entered online 1. Check only one of the 4 Exemptions (codes apply only to N following seven boxes, certain entities, not individuals; see a o ❑ Individuaysole proprietor or ❑� C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): o single -member LLC Exempt payee code (d any) CL v ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) IN, `p 2 Note. Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting c H r LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that code (if any) IL is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see instructions) ► (Ppptfes to accounts maintained outside the U.SJ y 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) 410 N.E. 5th Ave. 6 City, state, and ZIP code Boynton Beach, FI 33435 7 list account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number � _ m _ backup withholding. For individuals, this is generally your social security number (SSN). However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. r JjMM Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividend"ou are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part ll, later. 01yii Signature of n �� �) Here U.S. person 10,1 , l/N / v Date 10,101- J General Section references are to the Intemal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its Instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SS", individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (El", to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of inforiation returns include, but are not limited to, the following. • Form 1099 -INT (interest eamed or paid) • Form 1099 -DN (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) N co M W QME Go m 2O- m aD U � 0 b v OD u0 O .� av 10 � LL- 0 � e U.c 0Z�}U.a LD a �`cr3 LL = C m z 40 =�s1%oul E E w CL U ca�u.:20 . ao LL ea _ Q�m LL oa na0. go o 'oas moN °8 •=0 " tc o Lm o > �,. 00 0 �°, Q CL t LoNM9 �d� 0 a +�.. LL. ojj C LL a. ® C O ..r ~ tm LO 00 E zU ) L ��omo�ii c 0.5 Mu o L. 0. m m Q c a m v� e "O � Q r � M t N A C; mco 4 m W CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 I, Stephanie Beck , VP , on behalf of Beck's Towing & Recovery, Inc. Print Name and Title Company Name that Beck's Towing & Recovery, Inc. does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and certify 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled 'Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 60 COMPLETE AND ACCEPTABLE. RFP No. 0242110-19/IT attorney's fees, and/or costs. I further understand that any contract with the City for goods or `-� services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Beck's Towing & Recovery, Inc. COMPANY NAME SIGNA Stephanie Beck VP PRINT NAME TITLE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 61 COMPLETE AND ACCEPTABLE. RFP No. 0242110-19/IT