HomeMy WebLinkAboutR-2023-003 Mac's Towing Services, Inc. Agreement for Towing Services executed RESOLUTION NO. 2023-003
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH MAC'S TOWING SERVICES, INC. FOR TOWING
SERVICES IN THE CITY OF DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, currently the City has only one towing provider, Mac's Towing Services,
Inc. ("Mac's"), although other providers may be included on the City's towing list in the
future; and
WHEREAS, although Mac's has provided services for many, many years, they have
never had a towing contract with the City; and
WHEREAS, Mac's is a qualified firm willing and able to continue to perform the
services herein required from time to time pursuant to the basic terms and conditions set forth in
the Agreement attached to this Resolution as Exhibit A, and incorporated by reference into this
Resolution; and
WHEREAS, the City intends and Mac's acknowledges that any services performed
pursuant to the attached Agreement shall be non-exclusive and performed on an as-needed basis
and at the sole discretion of City, with no guaranty as to any minimum amount of tows to be
performed by Mac's; and
WHEREAS, Mac's shall perform the services for an initial three (3) year period which
shall commence in January 2023, and naturally expire three (3) years thereafter; and
WHEREAS, the Agreement may be renewed for two (2) additional three (3) year
terms upon the mutual consent of the Parties, evidenced by a written amendment
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "WHEREAS" clauses are ratified and confirmed, and they
are made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission authorizes the execution of towing agreement
with Mac's Towing Services, Inc. for a three-year term,with two, three-year extensions.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on January 10, 2023.
ATTEST:
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THOMAS SCHNEIDER, CMC to v, ARC B J. AN IV
CITY CLERK .`)4 q14 % MAYOR
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APPROVED AS TO FORM AND CORRECTNESS:
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IT ATTORNEY
2 RESOLUTION#2023-003
TOWING SERVICES AGREEMENT
THIS AGREEMENT ("Agreement"), is dated this day of , 2023,
and is entered into by and between the City of Dania Beach, a municipal corporation of the
State of Florida,with a business address of 100 W Dania Beach Boulevard,Dania Beach,Florida
33004 (hereinafter referred to as the "City"), and Mac's Towing Services, Inc., a profit
corporation, as listed with the Florida Division of Corporations, authorized to do business
in the State of Florida, and with a business address of 418 SW 2"d Place, Dania Beach,
Florida 33004 (hereinafter referred to as the "Contractor"). City and Contractor may
hereinafter be referred to collectively as the "Parties."
WITNESSETH:
In consideration of the mutual terms and conditions, promises, covenants and payments
hereinafter set forth, City and Contractor agree as follows:
ARTICLE 1
PREAMBLE
1.1 In order to establish the background, context and form of reference for this
Agreement, and to generally express the objectives and intentions of the respective parties
herein, the following statements, representations, and explanations shall be accepted as
predicates for the undertakings and commitments included within the provisions which follow
and may be relied upon by the parties as essential elements of the mutual considerations upon
which this Agreement is based.
1.2 The City Commission of the City of Dania Beach, Florida, seeks to protect the personal
safety and property of its citizens and visitors.
1.3 The establishment of minimum standards of quality and efficiency for emergency
recovery, towing and storage services utilized by the City is in the public interest.
1.4 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 or vessels, and causes excessive delays in clearing the highway
and securing the vehicles or vessels.
1.5 On May 11, 2021, the City of Dania Beach adopted Ordinance No. 2021-015, which
amended chapter 20 relating to "Wrecker and Towing," to provide a revision to Section 20-48,
entitled "Calls to be rotated on list," which states: "As to wrecker or towing services which are
on the approved list,the chief of police is directed to adopt a plan so that the calls are rotated on
an even and equitable basis among the eligible services on such approved list;" and
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1.6 Currently the City has only one towing contract, with Mac Towing, as prior to the 2021
amendment, the only towing company allowed to provide services to the City had to be
physically located in the City; and
1.7 Part of the 2021 Code Amendments was a revision to Section 20-49(b), entitled
"Qualifications to be Listed", to allow any qualified towing service to apply to be on the City's
towing list provided they meet the City's qualifications,the chief of police authorizes the listing,
and the towing company is located within 10 miles of the City; and
1.8 Mac's Towing Services,Inc. is located at 418 SW 2nd Place, Dania Beach, Florida which
is within 10 miles of the City, consistent with the requirements of Section 20-48, and meets the
minimum qualifications of the City; and
1.9 In order to be placed on the City's list, Contractor is required to agree to certain basic
terms and conditions; and
1.9 Contractor is a qualified firm willing and able to perform the services herein required
from time to time pursuant to the basic terms and conditions set forth in this Agreement.The City
intends and Contractor acknowledges that any services performed pursuant to this Agreement shall
be non-exclusive and performed on an as needed basis and at the sole discretion of City, with no
guaranty as to any minimum amount of tows to be performed by Contractor.
ARTICLE 2
SERVICES AND RESPONSIBILITIES
2.1 General
2.1.1 Contractor, for and in consideration of the requirements herein contained, agrees
to remove vehicles or vessels from the streets or other property within the City, as
directed by authorized representatives of the City's Police Department' and other City
designee(s), in accordance with the City's Code of Ordinances.
2.1.2 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.
2.1.3 Contractor understands that nothing in this Agreement will prevent the owner or other
legally authorized person responsible for the 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.
'Please be aware that the City of Dania Beach's Police Department is contracted through Broward Sheriff's Office
(B SO).
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2.1.4 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.
2.1.5 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.
2.1.6 Contractor agrees to permit members of the City's Police and Public Service
Departments or other authorized City personnel to inspect its compound(s), equipment,
stored vehicles or vessels, personal property and records, relative to this Agreement,
whenever, in the opinion of said representatives of the City, such inspection is deemed
reasonably necessary.
2.1.7 Contractor acknowledges and agrees that nothing in this Agreement shall be
construed or interpreted as granting to Contractor any exclusive rights or privileges arising
from the services herein described to the exclusion of any other third-party.
2.1.8 As needed, the City shall communicate with Contractor to determine Contractor's
availability to perform a particular assignment or facilitate a tow within a required time
period pursuant to the terms and conditions of this Agreement.Contractor shall not perform
any tow services pursuant to the terms of this Agreement without first gaining prior
authorization and direction from the City.
2.1.9 If the City has a contract with more than one towing company, the services of each
company shall be rotated monthly, with BSO using the services of one towing company
one month,and then rotating to the second company the following month, etc. During that
one month period during which services are being utilized that Contractor shall be required
to comply with all the terms and conditions of the underlying contract, including all
services identified under section 2.2, below.
2.2 Services To Be Provided By Contractor
2.2.1 Contractor shall tow, at no charge to and at the request of the City, all City owned
and leased vehicles or vessels to the City Police Department Headquarters located at 4601
SW 30th Avenue,Dania Beach,Florida 33004 ("Police Department Service Center"), City
Hall, located at 100 West Dania Beach Boulevard, Fleet Management, located at 1201
Stirling Road, Dania Beach,Florida 33004,or a repair shop designated by the City,or any
other specified City facility.
2.2.1.1 Contractor will repair or change flat tires on in-service City vehicles or
vessels (utilizing City tires). Contractor shall invoice City for such services
pursuant to a detailed purchase order, which shall include information such as
the vehicle license plate number, date of service, services performed, materials
utilized, and any other information reasonably required by the City. "In-service
City vehicle" shall mean any City class "A" vehicle owned or operated by the
City and is operated by a City employee.
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2.2.1.2 Contractor shall only be required to respond to those locations in Broward or
Dade County to which City vehicles or vessels may travel.
2.2.2 Contractor shall tow, any vehicles or vessels impounded, confiscated or pending forfeiture
proceedings on behalf of the City's Police Department in accordance with §§323.001 and 932.704,
Florida Statutes.
2.2.3 Contractor shall tow, at no charge to the City, any vehicles or vessels that are inoperable,
illegally parked, or abandoned in a City right-of-way, at a City facility, or on City property, in
violation of the City's Code of Ordinances or the requirements of Florida Statutes, as may be
amended from time to time, at the direction of City's Police Department.
2.3 Records
2.3.1 Contractor shall have prepared billheads, setting forth the names and addresses of
the places of business of the Contractor. Before an impounded vehicle is claimed by
the owner or person lawfully entitled to possession, the Contractor will provide such
person with an itemized statement of all charges for the towing and storage of the
vehicle(s). Contractor shall retain a duplicate copy of such bill and shall produce same
upon demand of the City's Police Department.
2.3.2 Before receiving payment from a vehicle owner or other person legally
responsible for the vehicle or vessel towed, the Contractor, his agent, employee or
assign, will prepare a bill on the above billhead, in duplicate, containing the
following information:
a. Name & address of the person engaging the Contractor.
b. License number of the vehicle(s).
c. Motor and YIN number.
d. Personal property recovered and returned to the owner of the vehicle or person
lawfully entitled to its possession.
e. Make,year, model, color of vehicle(s)towed and/or stored.
f. Date of the request/tow.
2.3.3 Contractor shall keep a hard covered log book or electronic record detailing the
number and type of calls handled by Contractor pursuant to this Agreement. The log shall
include information such as:
a. Date,time, and location from which the vehicle or vessel was removed.
b. City designee or Police Officer requesting the tow.
c. Vehicle make, model, license plate if known, the YIN number, name and
address of the owner or other person legally responsible for the vehicle.
d. The date the vehicle(s) was towed and released to the owner or other person
legally responsible for the vehicle.
e. The name of Contractor's designee responsible for the tow.
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designated by the City,or any
other specified City facility.
2.2.1.1 Contractor will repair or change flat tires on in-service City vehicles or
vessels (utilizing City tires). Contractor shall invoice City for such services
pursuant to a detailed purchase order, which shall include information such as
the vehicle license plate number, date of service, services performed, materials
utilized, and any other information reasonably required by the City. "In-service
City vehicle" shall mean any City class "A" vehicle owned or operated by the
City and is operated by a City employee.
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f. The costs charged to the owner or person lawfully entitled to possession of
the
vehicle.
g. All notifications to owner or attempts to locate the owner or other
legally
authorized person.
h. Full inventory list of contents if applicable.
2.3.4 Contractor shall provide to the City's Police Department, on a monthly basis, a
complete and detailed listing of vehicles or vessels which have been towed pursuant
to this Agreement within such month, and which have remained on the Contractor's
lots for a period in excess of thirty(30)days, as more particularly described in Section
2.4 below.
2.3.5 Contractor shall also be responsible for keeping a log book or electronic record
detailing any notice sent to a vehicle owner or other person legally responsible for such
vehicle, such record shall include information such as: vehicle license number, date of
notice, time of notice, method of notification, and any other information reasonably
required by the City.
2.4 REQUIRED REPORTS
2.4.1 Monthly Reports.
2.4.1.1 Towing Reports.The Contractor shall keep accurate monthly records
of the number of tows made and customers served and shall provide a
monthly report to the City's Contract Manager within ten(10)days of the end
of the month for which the data was collected. The Contractor will maintain,
for a period of seven (7) years, copies of invoices that are to be made
available for City inspection. Reports shall include all tows made pursuant to
this Agreement, including vehicles that are impounded, confiscated, or
pending forfeiture proceedings. Reports shall also include City owned or
leased vehicles that are towed at no charge to the City. The Monthly Towing
Report shall contain the following information:
a Date,time, and location from which the vehicle or vessel
was removed.
b. City designee or Police Officer requesting the tow.
c. The name of Contractor's designee responsible for the tow.
d Make, year, model color of vehicle(s)towed and/or stored.
e. License number of the vehicle(s).
Motor and YIN number.
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ense plate if known, the YIN number, name and
address of the owner or other person legally responsible for the vehicle.
d. The date the vehicle(s) was towed and released to the owner or other person
legally responsible for the vehicle.
e. The name of Contractor's designee responsible for the tow.
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designated by the City,or any
other specified City facility.
2.2.1.1 Contractor will repair or change flat tires on in-service City vehicles or
vessels (utilizing City tires). Contractor shall invoice City for such services
pursuant to a detailed purchase order, which shall include information such as
the vehicle license plate number, date of service, services performed, materials
utilized, and any other information reasonably required by the City. "In-service
City vehicle" shall mean any City class "A" vehicle owned or operated by the
City and is operated by a City employee.
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f. Name and address of the owner or other person legally responsible
for the vehicle.
Full inventory list of contents if applicable.
g. Personal property recovered and returned to the owner of
the vehicle or person lawfully entitled to its possession.
h. The name of Contractor's designee responsible for•
releasing the vehicle(s)to the owner or other person
legally responsible for the vehicle.
i. Name and address of the person engaging the Contractor. The
date the vehicle(s)was released to the owner or other person
legally responsible for the vehicle.
j. Detailed costs, including the administrative fee, charged to
the owner or person lawfully entitled to possession of the
vehicle.All notifications to owner or attempts to locate the
owner or other legally authorized person, including date of
notice,time of notice,method of notification,and any other
information reasonably required by the City.
2.4.1.2 Report on Vehicles Exceeding Thirty (30) Days. The Contractor will
provide to the City's Police Department a complete and detailed listing of
vehicles which have been towed pursuant to the agreement between the parties,
and which have remained on the Contractor's lots for a period in excess of thirty
(30)days.The same information will be provided to the City relating to personal
property coming into the Contractor's control as a result of the agreement,which
has remained in the Contractor's control for a period in excess of thirty(30)days.
2.4.1.3 Complaints and Resolutions Report. For each complaint received,the
Contractor is expected to maintain a log for all complaints and the actual or
planned resolution. The Contractor shall submit a monthly report including a
summary of all complaints received and resolutions of such during the reporting
period. The report format shall be approved by the City's Contract Manager.
2.4.2 Quarterly Reports.
2.4.2.1 Fleet Size & Ownership. Contractor shall provide updated information
regarding the Contractor's Fleet Size & Ownership of the Fleet, to the City's
Contract Manager to review on a quarterly basis to ensure that the appropriate
level of equipment is being provided. Contractor shall notify the City's Contract
Manager regarding any changes to the size and condition of the fleet, including
ownership status of the vehicles on a regular basis.
2.4.2.2 Storage Lot Location and Ownership.Contractor shall not change the
storage facility location without written permission from the City's Police
Department. The awarded Contractor(s) will need to provide updated
information regarding the Contractor's Storage Lot and Ownership on a
quarterly basis to confirm status and condition of the storage facility.Contractor
shall notify the City's Contract Manager regarding any changes to the storage
facility, including ownership status of the facility, on a regular basis, and at
minimum, quarterly.
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2.4.3 Report Timeline and Formatting. The required monthly reports shall be filed
not later than ten (10) calendar days after the last day of the preceding month. The
quarterly reports shall be filed not later than ten(10) calendar days after the last day of
the preceding quarter. Respectively,the quarterly reports would be made on April 10th,
July 10th, October 10th, and January 10th. The final report format will be approved by
the City's Contract Manager or designee. The City reserves the right to modify the
report format and require more or different information as may be determined necessary
during the term of this Agreement. The City reserves the right to terminate this
Agreement in the case of repetitive failure to comply with record keeping requirements
set forth herein.
2.5 Report Cards And Reviews
The City's Contract Manager will complete a Performance Report Card on a quarterly basis, at
minimum, to address all areas of the Contractor's Performance and to document all services that
are being performed in a satisfactory or un-satisfactory manner. These Performance Report Cards
will be shared with the Contractor(s) so that they can provide a written plan on how to cure and
remedy all areas of concerns and the timeline in which these items will be addressed. Failure of
Contractor to comply in a timely manner may result in a breach of contract. This process shall in
no way limit the City's Contract Manager and the Contractor from addressing issues as they arise
on a day to day basis.
ARTICLE 3
MINIMUM STANDARDS
3.1 The Compound
3.1.1 Contractor shall maintain a storage facility of a sufficient size and
capability to accommodate vehicles or vessels to be removed from the City
pursuant to, and during the period of this Agreement (herein "Compound").
3.1.1.1 In compliance with §713.78, Florida Statutes, as may be amended from
time to time, Contractor's Compound shall:
a. be equipped with a chain-link or solid-wall type fence at least six(6)
feet in height;
b. have lighting of sufficient intensity to reveal persons and vehicles at a
distance of at least one hundred fifty(150)feet during nighttime; and,
c. one (1) or more of the following security methods must be utilized
at compound to discourage theft at the Compound.
i. a night dispatcher or watchman remains on duty at the
storage facility from sunset to sunrise;
ii. a security dog remains at the storage facility from sunset
to sunrise;
iii. security cameras or other similar surveillance devices
monitor the storage facility; or
iv. a security guard service examines the storage facility at least
once each hour from sunset to sunrise.
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e Lot and Ownership on a
quarterly basis to confirm status and condition of the storage facility.Contractor
shall notify the City's Contract Manager regarding any changes to the storage
facility, including ownership status of the facility, on a regular basis, and at
minimum, quarterly.
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3.1.2 The Compound to be maintained by the Contractor shall be located within a distance
of not further than ten(10)miles from City Hall, 100 West Dania Beach Boulevard,Dania
Beach,Florida 33004.
3.1.3 Contractor shall provide, on a twenty-four(24)hour basis, attendants and sufficient
equipment for immediate response to calls for service from the City's Police Department
or its representatives. In addition, the Contractor agrees to make available adequate
personnel to staff the Compound from 7:00 a.m. to 7:00 p.m., Monday through Saturday,
for the purpose of releasing vehicles or vessels to the owner or other legally authorized
person.Contractor further agrees to provide on-call personnel to release vehicles or vessels
between 7:00 p.m. and 7:00 a.m.
3.1.4 Contractor shall furnish inside storage at the Compound for all vehicles or vessels
which are of a body type, or in a physical condition,which is such that inclement weather
could result in damage to the vehicles and vessels.
3.1.5 The Compound utilized by Contractor shall include an area which is secured by
an enclosure with a locked entrance for the purpose of holding vehicles or vessels
which may be evidence in a criminal cause.
3.1.6 Contractor shall not change the Compound location without first gaining written
permission from the City's Police Department.
3.2 Equipment
3.2.1 Contractor agrees to own, lease or have a sufficient number of Class A, B, and C
wreckers available for its use, so that it is able to respond to tow calls from the City's
Police Department within thirty (30)minutes forthwith and proceed to remove any type
of vehicle(s) from streets or property within the City.
3.2.1.1 If the Contractor utilizes a wrecker from another company, Contractor
shall produce, in writing, the name of the subcontractor and proof that the
wrecker used is insured so as to protect the City from all suits, judgments,
executions and liabilities.
3.2.1.2 Contractor shall provide all towing vehicles or vessels used pursuant to
this Agreement with a two-way radio communication system. This
communication system shall be between the Contractor's base station and all tow
and service trucks utilized in providing the City with towing service. The two-
way radios will not be tuned to any police frequencies.
3.2.2 Tow trucks or wreckers used by the Contractor to tow vehicles or vessels from the
streets and property within the City, as herein provided, shall adhere to the following
guidelines:
3.2.2.1 The name,address, and telephone number of the establishment shall be
lettered in a professional manner and affixed to both sides of the Contractor's
wrecker.
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iv. a security guard service examines the storage facility at least
once each hour from sunset to sunrise.
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e Lot and Ownership on a
quarterly basis to confirm status and condition of the storage facility.Contractor
shall notify the City's Contract Manager regarding any changes to the storage
facility, including ownership status of the facility, on a regular basis, and at
minimum, quarterly.
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3.2.2.2 There shall be a rotor beam type light mounted on top of the wrecker in
such a manner that it can be seen from the front, rear and both sides. This light
shall be amber in color and shall not be in operation when a wrecker has been
dispatched to a tow call. The rotating amber light shall only be used at the scene
of the tow, and while towing the vehicle back to a compound. No tow vehicle
shall be equipped with a siren.
3.2.2.3 Amber lights shall be installed on the front of the wrecker, with amber
reflectors on the front sides.
3.2.2.4 Red lights and red reflectors shall be installed on the rear and rear sides.
3.2.2.5 The following additional equipment shall be found in or on all of the
Contractor's towing or wrecker vehicles:
a. Dollies.
b. At least one (1)heavy duty push broom and shovel.
c. Flood lights on hoist.
d. One(1)axe.
e. One (1) crowbar or pry-bar.
f. Minimum of one (1)four pound CO2 fire extinguisher or equal.
g. One (1)pair of bolt cutters.
h. One (1) set of jumper cables.
i. One (1) four-way lug wrench.
j. One (1) flashlight.
k. One (1) set of red reflectors.
1. One (1) set of three portable reflectors.
m. Five (5)thirty(30)minute fuses.
n. Two(2)red flags at least 1'X P.
o. Tire plug kits.
p. Air tanks or compressor
3.2.3 Wreckers shall be classified as follows:
3.2.3.1 Class A wreckers/tow trucks:
a. Gross vehicle weight ratings 10,000 lbs.
b. Boom capacity 8,000 lbs.
c. Winching capacity 8,000 lbs.
d. Cable size and length 34"X 100'
e. Wheel lift retracted rating 6,000 lbs.
f. Wheel lift extended ratings 4,000 lbs.
g. Tow sling safe lift rating 3,500 lbs.
h. Safety chains (2 each) 5/16 " high test
i. Cab to axle dimension 58"
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stem shall be between the Contractor's base station and all tow
and service trucks utilized in providing the City with towing service. The two-
way radios will not be tuned to any police frequencies.
3.2.2 Tow trucks or wreckers used by the Contractor to tow vehicles or vessels from the
streets and property within the City, as herein provided, shall adhere to the following
guidelines:
3.2.2.1 The name,address, and telephone number of the establishment shall be
lettered in a professional manner and affixed to both sides of the Contractor's
wrecker.
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iv. a security guard service examines the storage facility at least
once each hour from sunset to sunrise.
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e Lot and Ownership on a
quarterly basis to confirm status and condition of the storage facility.Contractor
shall notify the City's Contract Manager regarding any changes to the storage
facility, including ownership status of the facility, on a regular basis, and at
minimum, quarterly.
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3.2.3.2 Class B wreckers/tow trucks:
a. Gross vehicle weight ratings 19,000 lbs.
b. Boom capacity 24,000 lbs.
c. Winching capacity 24,000 lbs., except only 8,000
lbs. for flatbed slideback carrier
d. Cable size and length IA" X 200'
e. Under-reach retracted rating 9,000 lbs.
f. Under-reach extended ratings 7,000 lbs.
g. Tow sling safe lift rating 8,500 lbs.
h. Safety chains(2 each) %"alloy
i. Cab to axle dimension 84"
3.2.3.3 Class C wreckers/tow trucks:
a. Gross vehicle weight ratings 30,000 lbs.
b. Boom capacity 50,000 lbs.
c. Winching capacity 50,000 lbs., except only
15,000 lbs. for flatbed
d. Cable size and length %"x 200'
e. Under-reach retracted rating 25,000 lbs.
f. Under-reach extended ratings 12,000 lbs.
g. Tow sling safe lift rating 12,000 lbs.
h. Safety chains (2 each) 'A"alloy
i. Cab to axle dimension 144"
3.2.3.4 Class D wreckers/tow trucks:
a. Gross vehicle weight ratings 58,000 lbs.
b. Boom capacity 70,000 lbs.
c. Winching capacity 70,000 lbs., except only 15,000
lbs. for flatbed slideback carrier
d. Cable size and length 3/4"X 200'
e. Wheel lift retracted rating 45,000 lbs.
f. Wheel lift extended rating 15,000 lbs.
• Tow sling safe lift rating 12,000 lbs.
. Safety chains (2 each) Y2" alloy
i.. Cab to axle dimension 180"
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3.2.3 Wreckers shall be classified as follows:
3.2.3.1 Class A wreckers/tow trucks:
a. Gross vehicle weight ratings 10,000 lbs.
b. Boom capacity 8,000 lbs.
c. Winching capacity 8,000 lbs.
d. Cable size and length 34"X 100'
e. Wheel lift retracted rating 6,000 lbs.
f. Wheel lift extended ratings 4,000 lbs.
g. Tow sling safe lift rating 3,500 lbs.
h. Safety chains (2 each) 5/16 " high test
i. Cab to axle dimension 58"
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stem shall be between the Contractor's base station and all tow
and service trucks utilized in providing the City with towing service. The two-
way radios will not be tuned to any police frequencies.
3.2.2 Tow trucks or wreckers used by the Contractor to tow vehicles or vessels from the
streets and property within the City, as herein provided, shall adhere to the following
guidelines:
3.2.2.1 The name,address, and telephone number of the establishment shall be
lettered in a professional manner and affixed to both sides of the Contractor's
wrecker.
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iv. a security guard service examines the storage facility at least
once each hour from sunset to sunrise.
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e Lot and Ownership on a
quarterly basis to confirm status and condition of the storage facility.Contractor
shall notify the City's Contract Manager regarding any changes to the storage
facility, including ownership status of the facility, on a regular basis, and at
minimum, quarterly.
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ARTICLE 4
TOWING AND IMPOUNDING PROCEDURES
4.1 Contractor agrees that, after arrival at a scene, the tow truck operator shall remove any
hazards or debris from the street, and impound such vehicles or vessels as requested by a City
Police Officer or other representative of the City's Police Department.
4.2 On all vehicles or vessels to be towed which are marked for confiscation, Contractor
shall prepare a detailed listing of any and all damage,missing parts or other disorders of which the
assigned officer and/or tow truck driver are aware.
4.3 City reserves the right to cancel a request for services of Contractor at any time, up to
and including the time of hook-up.Contractor agrees that the mere response to a service call scene
without other action will not constitute a service call for which charges are applicable.
4.4 As required by §713.78, Florida Statutes, as may be amended from time to time,where
the City has requested a motor vehicle to be removed from an accident scene, street, or highway,
the City will conduct an inventory and prepare a written record of all personal property found in
the vehicle before the vehicle is removed by Contractor. However, if the owner or driver of the
vehicle is present and accompanies the vehicle, no inventory shall be required.
4.5 IMPOUNDED VEHICLES
4.5.1 If at the time of the impounding the name of the registered owner or other legally
authorized person responsible for the vehicle is not available,City's Police Department will
supply this information to the Contractor as soon as possible. The City Police Department
shall be responsible for preparing a vehicle storage receipt and the personal property
inventory list, as may be applicable.
4.5.2 Notwithstanding the foregoing, the Contractor shall be responsible for the
following:
4.5.2.1 Notifying the City Police Department, and requesting the name of the
owner or other legally authorized person responsible for the vehicle if Contractor has
not received such information within twelve(12)hours after the impoundment of the
vehicle; and,
4.5.2.2 Notifying the registered owner or other legally authorized person
responsible for the vehicle of the whereabouts of the vehicle within a seven(7)day
period of impoundment if such person's identity has been supplied during that time
or within seven (7) days after receipt of the aforementioned information from the
City's Police Department.
4.5.3 Both Parties shall maintain a hard copy log book or electronic record at its place of
business, detailing notices sent by either Party pursuant to this Agreement, which shall
include the following information: vehicle license number, date of notice, time of notice,
method of notification, and any other information reasonably required by the City.
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quarterly basis to confirm status and condition of the storage facility.Contractor
shall notify the City's Contract Manager regarding any changes to the storage
facility, including ownership status of the facility, on a regular basis, and at
minimum, quarterly.
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4.5.4 If any vehicle is not claimed by the owner or other legally authorized person
responsible for the vehicle within seven (7) days, the Contractor shall immediately
thereafter file a written report with the City's Police Department.
4.6 RELEASING VEHICLES
4.6.1 In the event that the Contractor has vessel(s)or vehicle(s)in it's possession as a result
of Contractor's performance of this Agreement, and is ordered to turn such property over
to the County Court, the Sheriff of Broward County, or the City's Police Department
pursuant to Chapter 323, 705, 715, or 932, Florida Statutes,as may be amended from time
to time,the Contractor may recover the costs associated with towing,storage,and statutory
fees in accordance with§§323.001 and 932.704,Florida Statutes,as may be amended from
time to time.
4.6.2 Vehicles or vessels pending proof of ownership or forfeiture proceedings may be
place on "HOLD" by the City. Contractor agrees to release any vehicle or vessel which
has not been marked "HOLD" upon proof of ownership and payment by the owner or
other legally responsible individual.Contractor further agrees that any vehicle towed which
is marked"HOLD"may not be released without verbal or written authority from the City's
Police Department. Should the City desire to have the "HOLD" period extend for longer
than five (5) days, excluding holidays and weekends, the City shall provide Contractor
written notification that the five(5)day "HOLD" period shall be extended.
4.6.3 Persons who make application for the release of towed and/or stored vehicles or
vessels shall be required to present proof of ownership by presentation of a title or
registration and Contractor shall provide such person with a copy of the vehicle storage
receipt prepared by City. Contractor shall charge and collect, directly from the vehicle
owner or other legally authorized person responsible for a vehicle or vessel towed pursuant
to and in accordance with this Agreement and Florida Statutes, as may be amended from
time to time.
4.6.4 In accordance with §713.78,Florida Statutes,as may be amended from time to time,
any reasonable storage fee imposed by Contractor shall not be charged if the vehicle or
vessel is stored for fewer than six(6)hours.
4.7 FORFEITURE VEHICLES
4.7.1 Vehicles or vessels seized for forfeiture pursuant to Dania Beach Police Department
policy shall be towed to Contractor's secured lot at Compound,or upon City's request,to
the Dania Beach Police Department Headquarters. Contractor may recover the costs
associated with towing, storage, and statutory fees for vehicles or vessels subject to
forfeiture and any vehicles held longer than the five (5) day "HOLD" period in
accordance with §§323.001 and 932.704,Florida Statutes, as may be amended from time
to time.
4.7.2 Payment for the cost of the original tow, daily storage fee, plus statutory charges,
may be assessed at the conclusion of the forfeiture proceeding or upon settlement. Should
the owner of the vehicle or vessel prevail at the forfeiture proceeding, the cost of the tow
and storage charges shall be deducted from the monthly compensation amount to be paid
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minimum, quarterly.
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by Contractor to City pursuant to Article 6 of the Agreement. Should the City prevail,the
owner of the vehicle or vessel shall be responsible for the payment of the applicable towing
fee, storage charges, and statutory fees.
4.7.3 If forfeiture proceedings are not instituted, at the expiration of the five (5) day
"HOLD" period and upon gaining City's approval, Contractor shall directly notify the
owner or other legally authorized person responsible for the vehicle or vessel to pick up
the vehicle or vessel from Contractor's Compound, Monday through Friday from 8:00
a.m.to 5:00 p.m. The owner of the vehicle shall be responsible for issuing payment to
Contractor for the cost of the original tow, the daily storage fee which accrued during
the five (5)day "HOLD" period,plus statutory fees consistent with Florida Statutes and
more particularly described below in Article 6 below. The vehicle owner may incur
additional storage fees if the vehicle is not retrieved immediately after notice is provided
to the owner or other legally authorized individual that the "HOLD" has been released.
4.8 PERSONAL PROPERTY
4.8.1 Contractor shall have its employee, representative, or agent review the inventory of
all personal property found in the vehicle that he is directed to tow with a City Police
Officer or the owner or other legally authorized person responsible for the vehicle present.
A copy of such inventory shall be maintained by Contractor as a permanent record. One
copy of the inventory shall be given to the owner or other legally authorized person
responsible for the vehicle, if known, or securely attached to the vehicle, and one copy
shall be retained by the City Police Department.
4.8.2 Contractor shall allow the owner or other legally authorized person responsible
for the vehicle, to remove unattached personal property from the vehicle on a "one
time" basis at no extra charge.
4.8.3 Personal property in the vehicle stored by Contractor shall not be disposed of
to defray any charges for towing or storage of vehicles or vessels without a Court
Order.
4.8.4 Contractor agrees not to undertake any repairs to, or remove any part or parts
from, any vehicle towed or stored pursuant to the provisions herein, without first
obtaining permission in writing to complete same from the owner or other legally
authorized person responsible for the vehicle. Contractor further agrees that when
making any repairs, or rendering any estimates or invoices, for City vehicles or
otherwise, it will abide by Florida Statutes relating to motor vehicles or vessels,towing,
sales,repairs,maintenance and service,which statutory sections are incorporated herein
by reference and made a part hereof.
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es, as may be amended from time
to time.
4.7.2 Payment for the cost of the original tow, daily storage fee, plus statutory charges,
may be assessed at the conclusion of the forfeiture proceeding or upon settlement. Should
the owner of the vehicle or vessel prevail at the forfeiture proceeding, the cost of the tow
and storage charges shall be deducted from the monthly compensation amount to be paid
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minimum, quarterly.
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ARTICLE 5
Contractor PERSONNEL, TRAINING, AND CUSTOMER SERVICE
5.1 Contractor PERSONNEL
5.1.1 The Contractor shall employ competent and qualified personnel that shall adhere
to municipal, State and federal laws, in performance of the services herein required.
5.1.2 Contractor's Representative. Contractor shall have a competent and reliable
representative on duty that is authorized to make decisions and act on its behalf
("Contractor's Representative"). Contractor agrees that City shall have twenty-four(24)
hour access to said representative via a non-toll call from City. Contractor shall conduct
a background criminal check on Contractor's representative assigned to this contract.
Contractor's Representative shall:
5.1.2.1 Be equipped with and respond to any issues received from City from the
field via a laptop computer with wireless internet access card, or with a hand
held data device such as a smart phone;
5.1.2.2 Be equipped with a cellular phone for communications with City
and
customers to immediately return phone calls to City and customers;
5.1.2.3 Be responsible to respond to complaints on the same day complaint is
received up to 7:00 PM. If the complaint is received after 7:00 PM, the
Contractor's Representative shall respond to the complaint on the following
day, including Sundays;
5.1.2.4 Have strong public relations skills,be able to effectively deal with angry
or difficult customers, be able to successfully solve problems while protecting
City's interest,highly motivated,dedicated,dependable,resourceful,and ability
to establish positive relationships with City and the general public;
5.1.2.5 Attend periodic meetings with City, at a place and time determined by
the City, to discuss and evaluate towing services, solve performance related
issues, provide input, and share information, to ensure delivery of quality
service;
5.1.2.6 Be required, upon the request of City, to attend public meetings, with
City,to explain towing services; and,
5.1.2.7 Be required,upon the request of City,to perform duties related to towing
services.
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to the provisions herein, without first
obtaining permission in writing to complete same from the owner or other legally
authorized person responsible for the vehicle. Contractor further agrees that when
making any repairs, or rendering any estimates or invoices, for City vehicles or
otherwise, it will abide by Florida Statutes relating to motor vehicles or vessels,towing,
sales,repairs,maintenance and service,which statutory sections are incorporated herein
by reference and made a part hereof.
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es, as may be amended from time
to time.
4.7.2 Payment for the cost of the original tow, daily storage fee, plus statutory charges,
may be assessed at the conclusion of the forfeiture proceeding or upon settlement. Should
the owner of the vehicle or vessel prevail at the forfeiture proceeding, the cost of the tow
and storage charges shall be deducted from the monthly compensation amount to be paid
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minimum, quarterly.
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5.2 EMPLOYEE TRAINING
5.2.1 All employees involved in the performance of this Agreement including office and
all Towing personnel, must be provided adequate training before and during their
employment with Contractor.
5.2.2 Customer Service Training. All towing, administrative, supervisory and
customer service personnel must receive customer service training prior to and
during the time they are employed by Contractor. Contractor's employees shall treat
all customers, co-workers, City employees and any individual with whom they come
in contact in the performance of their duties in a polite and courteous manner.
Rudeness, belligerence, and the use of profanity are strictly prohibited.
5.2.3 Operating and Safety Training. All temporary and newly hired permanent
towing and supervisory personnel must receive comprehensive safety and operational
training prior to working on the tow trucks. Contractor shall provide regularly
scheduled, on-going operating and safety training for all employees. Such meetings
shall be mandatory for all Towing and supervisory personnel and held not less than one
(1) time per month, unless otherwise approved by the City's Contract Manager.
5.2.4 Training Plan &Manuals. Training manuals and schedules shall be maintained
at the local office of Contractor and available for review at any time by City's Contract
Manager. The Contractor must maintain and provide evidence to the City of ongoing
employee safety training and practices, upon request of the City. The plan, at a
minimum, shall include provisions for the proper training in worker safety practices,
which prevent damage to human health, the environment and private property.
5.2.5 Prohibition against Soliciting and Gratuities. Contractor's employees shall not
solicit, accept or encourage tips, gratuities, gifts or anything of value or accept any
payments whatsoever on behalf of City while performing duties under this Agreement.
5.2.6 City's right to have Contractor Remove Employees. City reserves the right to
make a complaint regarding any employee of Contractor who violates any provision herein,
or who is wanton,negligent,or discourteous in the performance of his/her duties. City may
recommend appropriate action be taken by Contractor and may require Contractor to
remove any unacceptable employee, as determined by City, from service to City. City
reserves the right to have Contractor remove employees who fail to meet these criteria from
services related to this Agreement. In addition, the City may require the Contractor to
remove an employee it deems careless, incompetent, insubordinate or otherwise
objectionable.
5.3 CUSTOMER SERVICE
5.3.1 Office Staff and Hours for Complaint Handling. The Contractor will provide for
prompt handling of complaints by maintaining an office staff that will receive record and
handle complaints. Such staff will be available during the hours of 7 a.m. until 7 p.m.,
Monday through Saturday. During after hours, weekends, and holidays, the Contractor
must make available a phone number to a call center or team of staff that can take calls
and messages and respond to those citizen complaints in a timely fashion. The Contractor
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will see to it that its employees serve the public in a courteous, helpful, and impartial
manner. In the case of complaints regarding towing service or any related activities,the
Contractor will, upon being notified of the complaint resolve the complaint in a timely
manner.All complaints shall be logged in an electronic system and shall be accessible to
the City's Contract Manager at any time.The Contractor shall develop a customer service
program focusing on elimination of repeat customer complaints/requests.
ARTICLE 6
COMPENSATION AND METHOD OF PAYMENT
6. 1 The Parties agree compensation for services performed pursuant to this Agreement
shall be paid in accordance with this Article.
6.2 The Parties acknowledge that if the requirements of§713.78,Florida Statutes, arc
satisfied,Contractor shall have a lien on a vehicle or vessel towed in accordance with this
Agreement for a reasonable towing fee, storage costs, and for City's Administrative
Charge(as defined in Section 6.2.2 below).
6.2.1 "Maximum Towing Rate(s)" as used herein refers to the maximum non consent
towing rates and storage fees established by Broward County,Florida,as may be amended
from time to time and as codified by Broward County. a copy of which is attached as
Exhibit"A"and is made a part of and is incorporated into this Agreement by this reference
6.2.2 "Administrative Charge" as used herein refers to the financial charge imposed
by Contractor on the registered owner or other legally authorized person responsible
for a towed vehicle or vessel towed pursuant to this Agreement. The City's
Administrative Charge shall equal twenty-five percent (25%) of the Maximum
Towing Rate for each tow performed by Contractor for non-City vehicles.
6.3 The Contractor shall charge and collect, directly from the vehicle owner or
other legally authorized person responsible for a vehicle or vessel towed pursuant to
this Agreement a reasonable towing and storage fee in accordance with the Maximum
Towing Rates as identified above and for the City's Administrative Charge, as defined
in Section 6.2 herein above, and in accordance with Florida Statutes, as may be
applicable.
6.4 As consideration for performance of this Agreement, the Contractor may retain
the reasonable towing and storage fees collected directly from the vehicle owner or other
legally authorized person responsible for the vehicle or vessel towed in accordance with
this Agreement.
6.5 The Contractor shall remit the Administrative Charge collected directly from the
vehicle owner or other legally authorized person responsible for a vehicle or vessel towed
pursuant to this Agreement to the City monthly, on or before the fourteenth (14th) day of
each month following collection.
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pt handling of complaints by maintaining an office staff that will receive record and
handle complaints. Such staff will be available during the hours of 7 a.m. until 7 p.m.,
Monday through Saturday. During after hours, weekends, and holidays, the Contractor
must make available a phone number to a call center or team of staff that can take calls
and messages and respond to those citizen complaints in a timely fashion. The Contractor
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ARTICLE 7
TERM AND TERMINATION
7.1 Contractor shall perform the services as identified herein, for an initial three (3)
year period which shall commence on the date that this Agreement is fully executed, the
"Effective Date" and naturally expire three (3)years thereafter.
7.2 This Agreement may be renewed for two (2) additional three (3) year terms
upon the mutual consent of the Parties, evidenced by a written amendment to this
Agreement extending the term hereof.
7.3 Termination for Convenience. This Agreement may be terminated by City for
convenience, upon providing thirty (30) days written notice to Contractor. In the event
the City terminates for convenience, Contractor shall cease performance of the
Agreement and remit any Administrative Charge collected by Contractor prior to
termination to City. In the event that the Contractor abandons this Agreement or causes
it to be terminated, it shall indemnify City against any loss pertaining to such
termination. All finished or unfinished documents, records, log books, inventory lists,
and reports prepared by Contractor shall become the property of City and shall be
delivered by Contractor to City.
7.4 Post Contractual Obligations. In the event that the term of this Agreement
expires,the
Contractor agrees to continue providing services,at the current rates,on a month to month
basis until the City establishes a new contract for services.
7.5 Default by Contractor. In addition to all other remedies available to City,this
Agreement shall be subject to cancellation by City for cause, should. Contractor neglect
or fail to perform or observe any of the terms, provisions, conditions, or requirements
herein contained, if such neglect or failure shall continue for a period of seven (7) days
after receipt by Contractor of written notice of such neglect or failure.
7.6 Upon the completion of this Agreement or termination by either Party,vehicles or
vessels marked for confiscation by City's Police Department for use by City's Police
Department in accordance with State Statute, will be towed to Police Department
Headquarters.
ARTICLE 8
INDEMNIFICATION AND INSURANCE
8.1 Indemnification
8.1.1 Contractor shall indemnify and hold harmless the City, its officers, agents, assigns,
employees, consultants, separate contractors, any of their subcontractors, and sub-
subcontractors from and against claims, demands, or causes of action whatsoever, and
the resulting losses, damages, costs and expenses, including but not limited to attorneys'
fees, including paralegal expenses, liabilities, damages, orders,judgments, or decrees,
sustained by the City arising out of or resulting from performance of this Agreement,the
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by maintaining an office staff that will receive record and
handle complaints. Such staff will be available during the hours of 7 a.m. until 7 p.m.,
Monday through Saturday. During after hours, weekends, and holidays, the Contractor
must make available a phone number to a call center or team of staff that can take calls
and messages and respond to those citizen complaints in a timely fashion. The Contractor
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failure of Contractor to take out and maintain insurance as required under this Agreement,
and any negligent act or omission on behalf of Contractor, its employees, agents,
partners,principals, subcontractors, and officers. The Contractor shall pay all claims and
losses in connection therewith and shall investigate and defend all claims,suits or actions
of any kind or nature in the name of the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue
thereon.
8.1.2 Upon completion of all services, obligations and duties provided for in this
Agreement,or in the event of termination of this Agreement for any reason,the terms and
conditions of this Article shall survive indefinitely.
8.1.3 City reserves the right to select its own legal counsel to conduct any defense in any
such proceeding and all costs and fees associated therewith shall be the responsibility of
Contractor.
8.1.4 Contractor may be liable for any accident, loss, injury or damages to persons
and/or property arising out of and/or resulting from Contractor's performance of the
services required by this Agreement.
8.1.5 Nothing contained herein is intended nor shall be construed to waive City's rights
and immunities under the common law or Section 768.28, Florida Statutes, as may be
amended from time to time.
8.2 General Insurance Provisions
8.2.1 Contractor expressly understands and agrees that any insurance protection required
by this Agreement or otherwise provided by the Contractor shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the City or its officers,
employees, agents and instrumentalities as herein required.
8.2.2 Contractor shall not commence work under this Agreement until it has obtained all
insurance required under this paragraph and such insurance has been approved by the Risk
Manager of the City nor shall the Contractor allow any subcontractor to commence work
on any subcontract until all similar such insurance required of the subcontractor has been
obtained and similarly approved.
8.2.3 Certificates of Insurance,reflecting evidence of the required insurance,shall be filed
with the City's Risk Manager prior to the commencement of this Agreement.Policies shall
be issued by companies authorized to do business under the laws of the State of Florida.
The insurance company shall be rated no less than"A"as to management,and no less than
"Class VI"as to financial strength according to the latest edition of Best's Insurance Guide
published by A.M.Best Company.
8.2.4 Certificates of Insurance shall provide for thirty(30)days'prior written notice to the
City in case of cancellation or material changes in the policy limits or coverage states. If
the carrier cannot provide thirty(30)days'notice of cancellation, either the Contractor or
their Insurance Broker must agree to provide notice.
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s of 7 a.m. until 7 p.m.,
Monday through Saturday. During after hours, weekends, and holidays, the Contractor
must make available a phone number to a call center or team of staff that can take calls
and messages and respond to those citizen complaints in a timely fashion. The Contractor
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8.2.5 Insurance shall be in force until all obligations required to be fulfilled under the
terms of the Agreement are satisfactorily completed as evidenced by the formal
acceptance by the City. In the event the insurance certificate provided indicates that the
insurance shall terminate and lapse during the period of this Agreement,the Contractor
shall furnish, at least forty-five (45) days prior to the expiration of the date of such
insurance, a renewed certificate of insurance as proof that equal and like coverage for
the balance of the period of the Agreement and extension thereunder is in effect. The
Contractor shall neither commence nor continue to provide any services pursuant to
this Agreement unless all required insurance remains in full force and effect. Contractor
shall be liable to City for any lapses in service resulting from a gap in insurance
coverage.
8.2.6 Contractor shall be required to obtain all applicable insurance coverage, as indicated
below,prior to commencing any work pursuant to this Agreement.
(I) Commercial General Liability
A. Limits of Liability (Minimum)
• Bodily Injury&Property Damage Liability
• Each Occurrence $1,000,000
• Policy Aggregate $2,000,000
• Personal&Advertising Injury
$2,000,000
• Products& Completed Operations
$2,000,000
B. Endorsements Required: Include in body of COI and/or Description of
Operations
• Waiver of Subrogation in favor of the City
• "The City of Dania Beach,Florida"added as named"Additional Insured"
(ii) Business Automobile Liability
A. Limits of Liability(Minimum)
• Bodily Injury and Property Damage
• Combined Single Limit $2,000,000
• Any Auto/Owned Autos or Scheduled Autos
• Including Hired and Non- Owned Autos
• Any One Accident
• PIP
• Physical Damage for your Vehicles
B. Endorsements Required - Include in body of COI and/or Description of
Operations: City of Dania Beach included as an Additional Insured
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required insurance,shall be filed
with the City's Risk Manager prior to the commencement of this Agreement.Policies shall
be issued by companies authorized to do business under the laws of the State of Florida.
The insurance company shall be rated no less than"A"as to management,and no less than
"Class VI"as to financial strength according to the latest edition of Best's Insurance Guide
published by A.M.Best Company.
8.2.4 Certificates of Insurance shall provide for thirty(30)days'prior written notice to the
City in case of cancellation or material changes in the policy limits or coverage states. If
the carrier cannot provide thirty(30)days'notice of cancellation, either the Contractor or
their Insurance Broker must agree to provide notice.
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s of 7 a.m. until 7 p.m.,
Monday through Saturday. During after hours, weekends, and holidays, the Contractor
must make available a phone number to a call center or team of staff that can take calls
and messages and respond to those citizen complaints in a timely fashion. The Contractor
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(iii) Crime Insurance/Fidelity Bonds—Third Party
Crime Insurance or Fidelity Bonds covering theft of monies,securities,or products
in the amounts of:
Per Employee/Incident $50,000
(iv) Garagekeepers' Legal Liability(For Damage to Towed Vehicles while
in compound)
Garagekeepers Limit: ACV Per Vehicle
(v) In Tow/On Hook Coverage(For Damage to Towed Vehicles while
being towed)
Garagekeepers Limit: ACV Per Vehicle
(vi) Customer's Contents (For Contents in Vehicles in Care,Custody,
Control)
Per Vehicle Limit: $500 Per Vehicle
(vii) Workers' Compensation/Employers' Liability
A. Workers Compensation Limits: Statutory- State of Florida
B. Employers Liability Limits:
C. $500,000 for bodily injury caused by an accident, each accident
D. $500,000 for bodily injury caused by disease, each employee
E. $500,000 for bodily injury caused by disease,policy limit
Workers Compensation must be provided for all persons fulfilling this contract,
whether employed, contracted,temporary or subcontracted is required.
(viii) Umbrella/Excess Liability (Excess Follow Form) can be utilized to
provide the required limits. Coverage shall be "following form" and shall
not be more restrictive than the underlying insurance policy coverages,
including all special endorsements and City as Additional Insured status.
Umbrella should include Employer's Liability.
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"The City of Dania Beach,Florida"added as named"Additional Insured"
(ii) Business Automobile Liability
A. Limits of Liability(Minimum)
• Bodily Injury and Property Damage
• Combined Single Limit $2,000,000
• Any Auto/Owned Autos or Scheduled Autos
• Including Hired and Non- Owned Autos
• Any One Accident
• PIP
• Physical Damage for your Vehicles
B. Endorsements Required - Include in body of COI and/or Description of
Operations: City of Dania Beach included as an Additional Insured
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required insurance,shall be filed
with the City's Risk Manager prior to the commencement of this Agreement.Policies shall
be issued by companies authorized to do business under the laws of the State of Florida.
The insurance company shall be rated no less than"A"as to management,and no less than
"Class VI"as to financial strength according to the latest edition of Best's Insurance Guide
published by A.M.Best Company.
8.2.4 Certificates of Insurance shall provide for thirty(30)days'prior written notice to the
City in case of cancellation or material changes in the policy limits or coverage states. If
the carrier cannot provide thirty(30)days'notice of cancellation, either the Contractor or
their Insurance Broker must agree to provide notice.
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s of 7 a.m. until 7 p.m.,
Monday through Saturday. During after hours, weekends, and holidays, the Contractor
must make available a phone number to a call center or team of staff that can take calls
and messages and respond to those citizen complaints in a timely fashion. The Contractor
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Subcontractors' Compliance: It is the responsibility of the contractor to ensure that all
subcontractors comply with all insurance requirements.
Copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate.
Companies authorized to do business in the State of Florida with the following qualifications shall
issue all insurance policies required above. City reserves the right but not the obligation to reject
any insurer providing coverage due to poor or deteriorating financial condition.
Cancellation Requirements: Required insurance shall always be maintained during which the
vendor is on City premises.The above policies shall provide the City of Dania Beach with 10 days'
written notice of cancellation or material change from the insurer. If the policies do not contain
such a provision, it is the responsibility of the Contractor to provide such notice.
Insurance Carrier Requirements: The Company must be rated no less than "A-" as to
management, and no less than "Class VII" as to financial strength, by the latest edition of Best
Insurance Guide published by A.M.best Company,or its equivalent.All policies or certificates of
insurance are subject to review and verification by Risk Management.
Verification of Coverage: Proof of the required insurance must be furnished by Vendor to the
City of Dania Beach Human Resources Department by Certificate of Insurance within 5 days of
notification of award. All certificates (and any required documents)must be received and
approved by Human Resources before any work commences to permit Vendor time to remedy
any deficiencies.
Certificate Holder: City of Dania Beach,
ATTN: HR/Risk Department
100 West Dania Beach Boulevard
Dania Beach,FL 33004
Certificate Submittal:
Email Certificates to: mspear(a,daniabeachfl.aov
The City of Dania Beach,Florida reserves the right to review/revise,reject or accept any required policies
of insurance, including limits,coverages or endorsements,herein throughout the term of this contract.
8.3 Required Endorsements.
8.3.1 The City of Dania Beach shall be named as an Additional Insured on each of the
Liability Policies required herein.
8.3.2 Waiver of all Rights of Subrogation against the City.
8.3.3 Thirty (30) Day Notice of Cancellation or Non-Renewal to the City.
8.3.4 Contractor's policies shall be Primary &Non-Contributory.
8.3.5 All policies shall contain a "severability of interest" or "cross liability" clause
without obligation for premium payment of the City.
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he
City in case of cancellation or material changes in the policy limits or coverage states. If
the carrier cannot provide thirty(30)days'notice of cancellation, either the Contractor or
their Insurance Broker must agree to provide notice.
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s of 7 a.m. until 7 p.m.,
Monday through Saturday. During after hours, weekends, and holidays, the Contractor
must make available a phone number to a call center or team of staff that can take calls
and messages and respond to those citizen complaints in a timely fashion. The Contractor
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8.3.6 The City of Dania Beach shall be named as a Loss Payee on all Property and/or
Inland Marine Policies as their interest may appear.
8.4 Any and all insurance required of the Contractor pursuant to this Agreement must
also be required by any subcontractor in the same limits and with all requirements as
provided herein, including naming the City as an additional insured, in any work that is
subcontracted unless such subcontractor is covered by the protection afforded by the
Contractor and provided proof of such coverage is provided to City. The Contractor and
any subcontractors shall maintain such policies during the term of this Agreement.
8.5 The City reserves the right to require any other additional types of insurance
coverage and/or higher limits of liability it deems necessary based on the nature of work
being performed under this Agreement.
8.6 The insurance requirements specified in this Agreement are minimum
requirements and in no way reduce any liability the Contractor has assumed in the
indemnification/hold harmless section(s)of this Agreement.
ARTICLE 9
NON-DISCRIMINATION& EQUAL OPPORTUNITY EMPLOYMENT
During the performance of the Agreement, neither the Contractor nor any subcontractors
shall discriminate against any employee or applicant for employment because of race,
religion, color, gender, national origin, sex, age, marital status, political affiliation,
familial status, sexual orientation, or disability if qualified. Contractor will take
affirmative action to ensure that employees are treated during employment,without regard
to their race, religion, color, gender, national origin, sex, age, marital status, political
affiliation, familial status, sexual orientation, or disability if qualified. Such actions must
include, but not be limited to, the following: employment, promotion, demotion or
transfer,recruitment or recruitment advertising,layoff or termination,rates of pay or other
forms of compensation, and selection for training, including apprenticeship. Contractor
shall agree to post in conspicuous places, available to employees and applicants for
employment,notices to be provided by the contracting officer setting forth the provisions
of this nondiscrimination clause.Contractor further agrees that Contractor will ensure that
subcontractors,if any,will be made aware of and will comply with this nondiscrimination
clause.
ARTICLE 10
INDEPENDENT CONTRACTOR
This Agreement does not create an employee/employer relationship between the Parties.
It is the intent of the Parties that the Contractor is an independent contractor under this
Agreement and not the City's employee for all purposes, including but not limited to,the
application of the Fair Labor Standards Act minimum wage and overtime payments,
Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment
Tax Act, the provisions of the Internal Revenue Code, the State Workers' Compensation
Act, and the State unemployment insurance law. The Contractor shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out Contractor's
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complaints in a timely fashion. The Contractor
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activities and responsibilities hereunder provided, further that administrative procedures
applicable to services rendered under this Agreement shall be those of Contractor,which
policies of Contractor shall not conflict with City, State, or Federal policies, rules or
regulations relating to the use of Contractor's funds provided for herein. The Contractor
agrees that it is a separate and independent enterprise from the City, that it has full
opportunity to find other business,that it has made its own investment in its business,and
that it will utilize a high level of skill necessary to perform the work.This Agreement shall
not be construed as creating any joint employment relationship between the Contractor
and the City and the City will not be liable for any obligation incurred by Contractor,
including but not limited to unpaid minimum wages and/or overtime premiums.
ARTICLE 11
AGREEMENT SUBJECT TO FUNDING
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the City
of Dania Beach in the annual budget for each fiscal year of this Agreement and is subject
to termination based on lack of funding.
ARTICLE 12
UNCONTROLLABLE FORCES
Neither City nor Contractor shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which,by the exercise of reasonable diligence,the non-performing party could not avoid.
The term "Uncontrollable Forces" shall mean any event which results in the prevention
or delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the nonperforming party. It includes, but is not limited
to tire, flood, earthquakes, storms, lightning, epidemic, pandemic, acts of God, war, riot,
civil disturbance, sabotage, and governmental actions. Neither party shall, however, be
excused from performance if nonperformance is due to forces, which are preventable,
removable, or remediable, and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed, or remedied with reasonable
dispatch. The nonperforming party shall, within a reasonable time of being prevented or
delayed from performance by an uncontrollable force, give written notice to the other
party describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
ARTICLE 13
GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida as now and hereafter in force. The venue for any and all actions or claims
arising out of or related to this Agreement shall be in Broward County, Florida.
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ment
Tax Act, the provisions of the Internal Revenue Code, the State Workers' Compensation
Act, and the State unemployment insurance law. The Contractor shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out Contractor's
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complaints in a timely fashion. The Contractor
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ARTICLE 14
SIGNATORY AUTHORITY
Contractor shall provide City with copies of requisite documentation evidencing that the
signatory for Contractor has the authority to enter into this Agreement.
ARTICLE 15
BANKRUPTCY
It is agreed that if Contractor is adjudged bankrupt, either voluntarily or involuntarily,
then this Agreement shall terminate effective on the date and at the time the bankruptcy
petition is filed.
ARTICLE 16
MERGER; AMENDMENT
This Agreement constitutes the entire Agreement between Contractor and City, and all
negotiations and oral understandings between the Parties are merged herein. This
Agreement can be supplemented or amended only by a written document executed by
both Contractor and City with the same formality and equal dignity herewith.
ARTICLE 17
DEFAULT OF CONTRACT & REMEDIES
17.1 Operations During Dispute. In the event that a dispute, if any, arises between City
and Contractor relating to this Agreement, performance or compensation hereunder,
Contractor shall continue to render service in full compliance with all terms and conditions
of this Agreement as interpreted by City regardless of such dispute. Contractor agrees, in
consideration for the execution of this Agreement, that in the event of such a dispute, if
any, it will not seek injunctive relief in any court, but will negotiate with City for an
adjustment on the matter or matters in dispute and, upon failure of said negotiations to
resolve the dispute, may present the matter to a court of competent jurisdiction in an
appropriate suit therefore instituted by it or by City.
17.2 Damages. City reserves the right to recover any ascertainable actual damages
incurred as a result of the failure of Contractor to perform in accordance with the
requirements of this Agreement,or for losses sustained by City resultant from Contractor's
failure to perform in accordance with the requirements of this Agreement.
17.3 Correction of Services. If, in the judgment of City, services provided by
Contractor do not conform to the requirements of this Agreement, City reserves the right
to require that Contractor correct all deficiencies in the service to bring the services into
conformance without additional cost to City, and shall replace any personnel who fails to
perform in accordance with the requirements of this Agreement. City shall be the sole
judge of non-conformance and the quality of service.
17.4 Default of Contract. The occurrence of any one(1) or more of the following events
shall constitute a default and breach of this Agreement by Contractor:
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onstrued in accordance with the laws of the
State of Florida as now and hereafter in force. The venue for any and all actions or claims
arising out of or related to this Agreement shall be in Broward County, Florida.
23
ment
Tax Act, the provisions of the Internal Revenue Code, the State Workers' Compensation
Act, and the State unemployment insurance law. The Contractor shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out Contractor's
22
complaints in a timely fashion. The Contractor
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17.4.1 The failure to comply with City's requests made pursuant to this Agreement for a
period of more than two (2) hours after such request has been submitted from City to
Contractor.
17.4.2 The City 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 Contractor from consideration of renewal of the Agreement.
The precise number and severity of reprimands thereof to be determined in the sole
discretion of City's Police Department.
17.4.3 The abandonment, unnecessary delay, refusal of, or failure to comply with any of
the terms of this Agreement or neglect, or refusal to comply with the instructions of the
City Police Department or the City's designee relative thereto.
17.4.4 The failure by Contractor to observe or perform any of the terms, covenants, or
conditions of this Agreement to be observed or performed by Contractor, where such
failure shall continue for a period of seven (7) days after written notice thereof by City to
Contractor; provided,however,that if the nature of Contractor's default is such that more
than seven (7) days are reasonably required for its cure, then Contractor shall not be
deemed to be in default if Contractor commences such cure within said seven (7) day
period and thereafter diligently prosecutes such cure to completion.
17.4.5 The assignment and/or transfer of this Agreement or execution or attachment
thereon by Contractor or any other party in a manner not expressly permitted hereunder.
17.4.6 The making by Contractor of any general assignment or general arrangement for
the benefit of creditors, or the filing by or against Contractor of a petition to have
Contractor adjudged a bankruptcy, or a petition for reorganization or arrangement under
any law relating to bankruptcy (unless, in the case of a petition filed against Contractor,
the same is dismissed within sixty(60)days);or the appointment of a trustee or a receiver
to take possession of substantially all of Contractor's assets, or for Contractor's interest
in this Agreement,where possession is not restored to Contractor within thirty (30)days;
for attachment, execution or other judicial seizure of substantially all of Contractor's
assets,or for Contractor's interest in this Agreement,where such seizure is not discharged
within thirty (30) days.
17.5 Effect of Default. In case of any default by Contractor, City shall notify Contractor,
in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct
Contractor to comply with all provisions of this Agreement. if the abandonment, delay,
refusal, failure, neglect or default is not cured within seven (7) days of when notice was
sent by City, City may declare a default of the Agreement and notify Contractor of such
declaration of default and terminate the Agreement.
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ent insurance law. The Contractor shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out Contractor's
22
complaints in a timely fashion. The Contractor
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ARTICLE 18
PUBLIC RECORDS
18.1 The City of Dania Beach is public agency subject to Chapter 119, Florida Statutes.
The Contractor shall comply with Florida's Public Records Law. Specifically, the
Contractor shall:
18.1.1 Keep and maintain public records required by the City to perform the service;
18.1.2 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, Florida
Statutes, or as otherwise provided by law;
18.1.3 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 after the Contractor transfers the records in its possession to the City;
and
18.1.4 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
the 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.
18.2 The failure of Contractor to comply with the provisions set forth in this Article shall
constitute a Default and Breach of this Agreement and the City shall enforce the Default
in accordance with the provisions set forth herein.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS.
Custodian of Records: THOMAS SCHNEIDER,CMC
City Clerk
Mailing Address: 100 W. Dania Beach Boulevard
Dania Beach,Florida 33004
Telephone number: 954-924-9800,Ext.3624
Email: tschneider(a,daniabeachfl.gov
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s assets, or for Contractor's interest
in this Agreement,where possession is not restored to Contractor within thirty (30)days;
for attachment, execution or other judicial seizure of substantially all of Contractor's
assets,or for Contractor's interest in this Agreement,where such seizure is not discharged
within thirty (30) days.
17.5 Effect of Default. In case of any default by Contractor, City shall notify Contractor,
in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct
Contractor to comply with all provisions of this Agreement. if the abandonment, delay,
refusal, failure, neglect or default is not cured within seven (7) days of when notice was
sent by City, City may declare a default of the Agreement and notify Contractor of such
declaration of default and terminate the Agreement.
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ent insurance law. The Contractor shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out Contractor's
22
complaints in a timely fashion. The Contractor
15
ARTICLE 19
SCRUTINIZED COMPANIES
19.1 Contractor, its principals or owners,certify that they are not listed on the Scrutinized
Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List,
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or is
engaged in business operations with Syria. In accordance with Section 287.135, Florida
Statutes, as amended, a company is ineligible to, and may not, bid on, submit a proposal
for, or enter into or renew a contract with any agency or local governmental entity for
goods or services of:
1 9.1.1 Any amount if, at the time bidding on, submitting a proposal for, or entering
into or renewing such contract, the company is on the Scrutinized Companies that
Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is
engaged in a boycott of Israel; or
1 9. 1 .2 One million dollars or more if, at the time of bidding on, submitting a proposal
for, or entering into or renewing such contract, the company:
19.1.2.1 Is on the Scrutinized Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,
created pursuant to Section 215.473, Florida Statutes; or
19.1.2.2 Is engaged in business operations in Syria.
ARTICLE 20
EQUAL BENEFITS FOR EMPLOYEES
20.1 Contractor certifies that it is aware of the requirements of Section 35.39 of the City's
Code of Ordinances and certifies that Contractor currently complies with the requirements
of Section 35.39 of the City's Code of Ordinances.
20.2 Except where federal or state law mandates to the contrary, a contractor
awarded a contract pursuant to a competitive solicitation shall provide benefits to
Domestic Partners and spouses of its employees, irrespective of gender, on the same
basis as it provides benefits to employees' spouses in traditional marriages.
20.3 Contractor shall provide the City Manager and his/her designee, access to its
records for the purpose of audits and/or investigations to ascertain compliance with
the provisions of this Article, and upon request shall provide evidence that the
Contractor is in compliance with the provisions of this Article upon the renewal of
this Agreement or when the City Manager or his/her designee receives a complaint
or has reason to believe Contractor may not be in compliance with the provisions of
this Article. Records shall include but not be limited to providing the City Manager
and his/her designee with certified copies of Contractor's records pertaining to its
benefits policies and its employment policies and practices.
27
l provisions of this Agreement. if the abandonment, delay,
refusal, failure, neglect or default is not cured within seven (7) days of when notice was
sent by City, City may declare a default of the Agreement and notify Contractor of such
declaration of default and terminate the Agreement.
25
ent insurance law. The Contractor shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out Contractor's
22
complaints in a timely fashion. The Contractor
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ARTICLE 21
EMPLOYMENT ELIGIBILITY
21.1 E-Verifv Contractor certifies that it is aware of and complies with the requirements
of Section 448.095, Florida Statues, as may be amended from time to time and briefly
described herein below.
2 1 .1.1 Definitions for this Section.
21.1.1.1 "Contractor" means a person or entity that has entered or is
attempting to enter into a contract with a public employer to provide labor, supplies,
or services to such employer in exchange for salary, wages, or other remuneration.
21.1.1.2 "Contractor" includes, but is not limited to, a vendor or
consultant.
21.1.1.3 "Subcontractor" means a person or entity that provides labor,
supplies,or services to or for a contractor or another subcontractor in exchange for salary,
wages, or other remuneration.
21.1.1.4 "E-Verify system" means an Internet-based system operated by
the United States Department of Homeland Security that allows participating
employers to electronically verify the employment eligibility of newly hired
employees.
21.2 Registration Requirement: Termination. Pursuant to Section 448.095, Florida
Statutes, effective January 1, 2021, Contractors, shall register with and use the E-
verify system in order to verify the work authorization status of all newly hired
employees. Contractor shall register for and utilize the U.S. Department of Homeland
Security's E-Verify System to verify the employment eligibility of:
21.2.1 All persons employed by a Contractor to perform employment duties
within Florida during the term of the contract; and
21.2.2 All persons (including sub-vendors / sub-consultants / sub-
contractors) assigned by Contractor to perform work pursuant to the
contract with the City of Dania Beach. The Contractor acknowledges and
agrees that registration and use of the U.S. Department of Homeland
Security's E-Verify System during the term of the contract is a condition of
the contract with the City of Dania Beach; and
21.2.3 The Contractor shall comply with the provisions of Section 448.095,
Fla. Stat., "Employment Eligibility," as amended from time to time. This
includes but is not limited to registration and utilization of the E-Verify
System to verify the work authorization status of all newly hired
employees. Contractor shall also require all subcontractors to provide an
affidavit attesting that the subcontractor does not employ,contract with, or
subcontract with, an unauthorized alien. The Contractor shall maintain a
copy of such affidavit for the duration of the contract. Failure to comply
will lead to termination of this Contract, or if a subcontractor knowingly
violates the statute, the subcontract must be terminated immediately. Any
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City, City may declare a default of the Agreement and notify Contractor of such
declaration of default and terminate the Agreement.
25
ent insurance law. The Contractor shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out Contractor's
22
complaints in a timely fashion. The Contractor
15
challenge to termination under this provision must be filed in the Circuit
Court no later than twenty(20) calendar days after the date of termination.
Termination of this Contract under this Section is not a breach of contract
and may not be considered as such. If this contract is terminated for a
violation of the statute by the Contractor, the Contractor may not be
awarded a public contract for a period of one (1) year after the date of
termination.
ARTICLE 22
MISCELLANEOUS
22.1 Ownership of Documents. Reports, surveys, log books, inventory lists, records, and other
documentation provided in connection with this Agreement or required herein are and shall remain
the property of City,whether or not the project for which they are made is completed.
22.2 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.
22.3 Records. Contractor shall keep such records and accounts and require any and all
subcontractors to keep records and accounts as may be necessary in order to record complete and
correct entries as to personnel hours charged to this engagement, and any expenses for which
Contractor expects to be reimbursed. Such books and records will be available at all reasonable
times for examination and audit by City and shall be kept for a period of three (3) years after the
completion of all work to be performed pursuant to this Agreement.Incomplete or incorrect entries
in such books and records will be grounds for disallowance by City. of any fees or expenses based
upon such entries. All records shall be maintained and available for disclosure, as appropriate, in
accordance with Chapter 119, Florida Statues.
22.4 Assignments;Amendments.This Agreement,and any interests herein,shall not be assigned,
transferred or otherwise encumbered, under any circumstances, by 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
benefit of 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.
22.5 No Contingent Fees. Contractor warrants that it has not employed or retained any company or
person,other than a bona fide employee working solely for 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,City shall have the right to terminate the Agreement without liability at its
discretion, to deduct from the contract price, or otherwise recover the full amount of such fee,
commission,percentage,gift or consideration.
29
22.6 Notice.Whenever any party desires to give notice unto any other party,it must be given by written
notice, sent by certified United States mail, with return receipt requested, 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,Contractor and City designate the following as the respective
places for giving of notice:
City:
Ana M. Garcia, ICMA-CM, City Manager
City of Dania Beach,Florida
100 West Dania Beach Boulevard
Dania Beach,Florida 33004
With a copy to:
Eve A. Boutsis, City Attorney
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Contractor:
Mac's Towing Services, Inc.
418 SW 2nd Place
Dania Beach,Florida 33004
22.7 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.
22.8 Headings. Headings herein are for the convenience of reference only and shall not be
considered in any interpretation of this Agreement.
22.9 Exhibits. Each exhibit referred to in this Agreement forms an essential part of this
Agreement. The exhibits, if not physically attached, should be treated as part of this Agreement
and are incorporated herein by reference.
22.10 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.
22.11 Entire Agreement and Conflicts. This Agreement is intended by the parties hereto to
be final expression of this Agreement, and it constitutes the full and entire understanding
between the parties with respect to the subject hereof, notwithstanding any representations,
statements, or agreements to the contrary heretofore made.
30
he terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
22.5 No Contingent Fees. Contractor warrants that it has not employed or retained any company or
person,other than a bona fide employee working solely for 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,City shall have the right to terminate the Agreement without liability at its
discretion, to deduct from the contract price, or otherwise recover the full amount of such fee,
commission,percentage,gift or consideration.
29
22.12 Waiver. Failure of City to insist upon strict performance of any provision or condition of
this Agreement, or to execute any right contained within, shall not be construed as a waiver or
relinquishment for the future of any such provision, condition, or right, but the same shall remain
in full force and effect.
22.13 Attorneys' Fees. In the event that either party brings suit for enforcement of this
Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise
provided under the indemnification provisions set forth herein above.
22.14 Protection of City Property. At all times during the performance of this Agreement,
Contractor shall protect City's property from all damage whatsoever on account of the work being
carried on under this Agreement.
22.15 Counterparts and Execution. This Agreement may be executed by hand or electronically
in multiple originals or counterparts, each of which shall be deemed to be an original and
together shall constitute one and the same agreement. Execution and delivery of this
Agreement by the Parties shall be legally binding, valid and effective upon delivery of the
executed documents to the other party through facsimile transmission, email, or other
electronic delivery.
22.16 Compliance with Statutes. It shall be the Contractor's responsibility to be aware of and
comply with all statutes, ordinances,rules, orders,regulations and requirements of all local, City,
state, and federal agencies as applicable
SIGNATURES ON THE FOLLOWING PAGES
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nt
and are incorporated herein by reference.
22.10 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.
22.11 Entire Agreement and Conflicts. This Agreement is intended by the parties hereto to
be final expression of this Agreement, and it constitutes the full and entire understanding
between the parties with respect to the subject hereof, notwithstanding any representations,
statements, or agreements to the contrary heretofore made.
30
he terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
22.5 No Contingent Fees. Contractor warrants that it has not employed or retained any company or
person,other than a bona fide employee working solely for 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,City shall have the right to terminate the Agreement without liability at its
discretion, to deduct from the contract price, or otherwise recover the full amount of such fee,
commission,percentage,gift or consideration.
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IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day
and year first written above.
ATTEST: City OF DANIA BEACH,FLORIDA,
a Florida municipal corporation
THOMAS SCHNEIDER, CMC ARCHIBALD J. RYAN IV
CITY CLERK MAYOR
APPROVED AS TO FORM
AND CORRECTNESS
EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM
CITY ATTORNEY CITY MANAGER
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2 RESOLUTION#2023-003
Contractor:
Mac's Towing Services, Inc.
a Florida corporation
WITNESSES:
SIGNATURE SIGNATURE
PRINT NAME PRINT NAME
SIGNATURE TITLE
Date:
PRINT Name
STATE OF FLORIDA)
COUNTY OF BROWARD)
The foregoing instrument was acknowledged before me by means of❑ physical presence
or ❑ online notarization, on , 2022 by 1
as of Mac's Towing Services,Inc., a Florida corporation.He/she is personally
known to me or has produced as identification.
My Commission Expires: Notary Public, State of Florida
Print Name:
33