2002-049RESOLUTION NO. 2002-49
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AWARDING AND LETTING A TOWING
CONTRACT TO MIDTOWN TOWING OF MIAMI, INC. AND A
BACKUP TOWING CONTRACT TO GOLD COAST TOWING;
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Manager has, pursuant to the various laws of the State of
Florida and the Code of the City of Aventura, properly solicited and accordingly
accepted proposals from towing, wrecker and storage services pursuant to Request for
Proposal (RFP) #02-8-15-2; and
WHEREAS, sealed proposals were submitted to and received by the City
pursuant to the City's RPF; and
WHEREAS, staff has determined that Midtown Towing of Miami, Inc., has
submitted the most responsible and responsive bid for said services; and
WHEREAS, Gold Coast Towing has submitted the second most responsible and
responsive proposal; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said towing contract and backup towing
contract to said most responsible and responsive proposers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. That the Towing Contract for RFP #02-8-15-2 is hereby awarded to
Midtown Towing of Miami, Inc.
Section 2. That the Backup Towing Contract for RFP #02-8-15-2 is hereby
awarded to Gold Coast Towing.
Section 3. That the City Manager is hereby authorized to execute, on behalf of
the City, a towing contract and backup towing contract by and between the parties
embodying the terms, conditions, specifications as set forth in the subject RFP.
Section 4. That the City Manager is hereby authorized and requested to take all
necessary and expedient action to carry out the aims of this resolution in awarding this
contract.
Resolution No. 2002-49
Page Z
Section 5. This Resolution shall be effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner Rogers-Libert, who
moved its adoption. The motion was seconded by Vice Mayor Berger and upon being
put to a vote, the vote was as follows:
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
Commissioner Manny Grossman yes
Commissioner Harry Holzberg yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Arthur Berger yes
Mayor Jeffrey M. Pedow yes
PASSED AND ADOPTED this 3rd day of September, 2002.
A~/~ ST:
~yESA M./~OKA, ICMC
CLER~
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
TOWING AGREEMENT BETWEEN
THE CITY OF AVENTURA
AND
MIDTOWN TOWING OF MIAMI, INC,
This AGREEMENT, dated the //~--'~ day of.~-~,ry;~., 2002, by and be~veen the CITY OF
AVENTURA, a municipal corporation, hereinafter referred to as "CITY"; and MIDTOWN
TOWING OF MIAMI, INC., its successors and assigns, hereinafter referred to as
"CONTRACTOR".
WHEREAS, the CITY has solicited proposals from firms to provide TOWING,
WRECKER AND STORAGE SERVICES; and
WHEREAS, MIDTOWN TOWING OF MIAMI, INC. has been determined to be
the most responsive and responsible proposer; and GOLD COAST TOWING has been
determined to be the second most responsive and responsible proposer; and
IN CONSIDERATION of the mutual terms, conditions, premises, and payments
hereinafter set forth, the CITY and CONTRACTOR agree as follows:
The CONTRACTOR agrees to provide the materials and/or services and to
be bound by the terms and conditions of the Request for Proposals, RFP #02-
8-15-2, which includes an Introduction, General Conditions and Special
Conditions, and Bid Forms as attached hereto and incorporated herein as
Exhibit "A" and to the terms of CONTRACTOR'S PROPOSAL attached hereto
and incorporated herein as Exhibit "B".
The CITY agrees to abide by and to be bound by all terms of the Request for
Proposal, RFP #02-8-15-2 which includes an Introduction, General Conditions
and Special Conditions and Bid Forms as attached hereto and incorporated
herein as Exhibit "A" and to the terms of CONTRACTOR'S PROPOSAL
attached hereto and incorporated herein as Exhibit "B".
3. CONTRACTOR shall deliver materials and/or provide service when and as
directed by the CITY.
The CONTRACTOR agrees to make payments in accordance with the terms
of the RFP attached hereto and incorporated herein as Exhibit "A" and to the
terms of CONTRACTOR'S PROPOSAL attached hereto and incorporated
herein as Exhibit "B".
The contractor acknowledges that the City reserves the dght in the event the
towing contractor cannot provide an item(s) or Service(s) in a timely manner
as requested, to contact the backup towing contractor to perform said service.
If the secondary contractor is unavailable, the City reserves the right to seek
and obtain other sources without thereby violating the intent of the contract.
This Agreement constitutes the entire agreement between the parties hereto,
and its provisions shall not be amended, except in wdting, after formal
approval by both parties.
This Agreement will commence on November 1st, 2002 and expire on October
31st, 2005 unless contractor is otherwise notified by the C'ity. The agreement
may be extended for two (2) additional one year periods ~pon mutual
agreement, in writing, by the CITY and CONTRACTOR.
CONTRACTOR agrees to indemnify and hold the City harmless from any and
all claims, suits, actions,, damages, causes of action, or attorney's fees,
arising from any personal injury, loss of life, or damage to person or property
sustained by reason of or as a result of the products or services supplied or
the negligence of the CONTRACTOR, his employees, agents or assigns.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
on this /1~' day of ~,~,¢,~,b¢¢..~ 2002.
WITNESSES:
Teresa M 'S'oroka, CM0'~
City Clerk
(CITY SEAL)
CONTRACTOR
(MIDTOWN TOWING OF MIAMI, INC.)
President
Secretary
CITY O~t~TURA~///
Eric M. Soroka % /"
City Manager X~/
City Attorney
FR~ : PHOI~E NO. : Oct. 11 2~;' 10:2GP, H P2
CERTIFICATE OF LIABILITY INSURANCF.~$~5
ol/2o/o2
02/20/02 01/20/02
01/20702 ! 01./'20/03
01/20/03 SZO0,O00 $1,000 l)go
FORM OF PERFORBIA2NCE BOND Bond #: 69410385
KNOW ALL MEN BY TI...~SE"PRESENTS:
That, pursuanJ to the requirements of Florida Statute 255.05,
we,Midtown Towing o[ Miami ,as .Principal, hereinafter called Contractor, and
Wa~'~.rn ~.~'etv Cnm'~nv. as Surety, are bo~Jnd to...the (.;ltv. ~ Avent~'a..Florida, as Obliges.
hereinafter called C,ty in the amount of ~×~¥-T~ee ~ no~?~[SiD~ars (~u~5,763 00 ) for the
payment whereof Contractor and Surety bind themsel~,/es, their heirs, executors, administrators,
successors and assigns, jointly and severally~
WHEREAs, Contractor has by written agreement entered into a Contract. Bid/Contract No.: ~F~j~02-8-15-2
-, awarded the 3rd day of Seotember ,20 02 .with City of Aventura
for Towing ~ 3torage of Vebicie~ accordance with specifications set forth in the Bid
documents, which Contract is by reference made a part hereof, and is hereafter referred to as the
Conb'act;
THE CONDITION OF THIS BOND is that if the Contractor:
Fully pedorms the Contract between the Contractor ~ ~d the City for Towing, Wrecker and
Storage Service after the date of Contract comme0cem ;n,t as specified in the RFP Documents
and in the manner prescribed in the Contract; and
~ Indemnifies and pays City all losses, damages (specifica[ly including, but not limited to, damages
for delay and other consequen[al damages caused by or arising out of the acts, omissions or
- negligence of Contractor}, expenses, costs end attorney's fees including attorney's fees incurred
in appellate proceedings, that City sustains because of default by Contractor under the Contract;
and
Upon notification by the Gib/, corrects any and all 0efeo~ive or faulty Work or materials which
appear within twenty-four (24) hours, and:
Performs the guarantee of all Work and materials furnished under the Contract for the time
specified in the Contract, then this Bond is void, otherwis~ it remains in full force.
Whenever Contractor shall be; and declared by City to be, in default under the Contract, the City
having performed City's obligations thereunder, the Surety may promptly remedy the default, or
shall promptly:
4.1 Compteta the Contract in accordance with its terms and conditions; or
'56
4.2
Obtain a Bid or Bids for completing the Contract in accordance with its terms and
conditions, and upon determination by Sureb/of the best, lowest, qualified, responsible
and responsive BIDDER, or, if the City elects, upon determination by the City, and Surety
jointly of the best, lowest, qualified, responsible and responsive BIDDER, arrange for a
Contract between such BIDDER and City, and make available as Work progresses (even
though there should be a default or a suc~e.~sion of defaults under the Contract or
Contracts of.._cpmpletion arranged under this. paragraph) sufficient funds to pay the cost of
completion less the balance of the Contract Price; but not exceeding, including other
costs and'damages for which the Surety may be liable hereunder, the amount set forth in
the first paragraph hereof. The term "balance of the Contract Price.' as used in this
paragraph, shall mean ~he total amount payable by City to Contractor under the Contract
and any amendments thereto, less the amount properly paid by City to Contractor.
No fight of action shall accrue on this Bond to or for the u.~e of any person or corporation other than the
City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents
and compliance or noncompliance with any formalities connected with the Contract or the changes do not
affect Surety's obligation under this Bond.
Signed and sealed this 1st dayof November- 20.02
WITNESSES:
(Name of Corporation)
Secretary (Signature and Title)
(CORPORATE SEAL)
IN THE PRESENCE OF:
Midtown Towing of Miami
Lauraine Lichtman~ Owner
(Type Name & Title .~ igned above).
INSURANCE COMPANY:
Western Surety Company
'(Agent and Attorne~in-Fact)
Patsy P. Thompson - Attorney-in-Fact
Address: 3175 Satellite Boulevard
Bldm 600, Suite 340
Duluth. GA' 3009~
City/State/Zip Code
Telephone No.: (678) 473-3310
· (Power of Attorney must be at{ached)
57
Sta~ ~ Florida
Coun~ ~ Miami-Dade
On this. the "10""'day of October ,' 20 02 , before me. the undersigned Notary
Public of the State- .of--.-- F-lorida , the foregoing instrument was acknowledged
by~ Lauraine. Lichtman (name of corporate officer), President .(title}, of
Midtown Towing of Miam~ame of corporation), a Florida (state of corporation) corporation,
on behalf of the corporation.
· WITNESS my hand
and official seal
~di-r JAMES MCC-OEY
NOTARy PUBLIC STATE OF FLORIDA
COMME'~olON NO. CC~63~9
MY COMMISSION EXP JAN. 24,~n005
Notary Public, State of Florida
Scott McGoey
Printed, typed or stamped name of Notary Public
exactly as commissioned
Personally known to me, or
Produced ide ~tlficafion:
(type o~ identification produced)
[] Did take an oath, or
[~ Did not take an oath .
Bonded by: Wester~ Surety Company
58
Western Surety Company
POWRR OF ATTORNRY - CERTIFIED COPY
l~nd No. 69410385
i~ ~ue and la~vtltl zt~etmyis)-in-fmct, witi t%Ol po~r ami autb~ Imr~by concurred, to er.~ato, aakn~wlnd~ and clelivt~ for and o~
i~. I~half ss Su~ty, bon~ ~0c
l:~i~ip~l: Midtown Towin9 of Miami
0bl~e: City of Aventura, FL
A~ount: $25,763.00
and to bind the Company tl~mby ss fully nad to c~ ~e .~nt as if~h ~n~
~t~in-fact ~ ~ ~th~ ~ a~e ~ ~i~t~. ~ ap~n~t is mn~ un~r ~ ~ au~ ~ the ~ll~in~
~law ~Wen~m Su~ ~pa~y wh~h ~nle. a ~ ~ and
~ ~rn u t~ ~ ~ D~ra may a~. T~ ~nZ,
T~asu~r m~ np~t A~r~ in F~ ~ ~gen~ who ehnH ~ auc~
· n ~p~. ~ ~ ~al ~ ~t ~ ~ the ~ ~ nay ~s, ~. un~ki~s. P~r~ ~ At~ or other
~li~t~nn of r~ ~ra~ ~ ~ of ~ ~ ~r and ~
~ u~Ly ~m~ con~ shad e~ ~ ~, ~uk
2003
In Witn~s~ Wl~tsof, Wuat~rn ~4u~ty Compan~y h~ ~ ~m p~ ~ ~ ~ by i~ E~uU~ V~a P~n~ 8~phen T.
Pa~, aM ~ ~al ~ ~ a~ ~ ist ~y~ Nove~er 2002
~'k~.' ................... ~'~ WESTERN SURETY COM~NY
~,~'. ~C~v
1st dny~i' November ,,inthny~nr 2002
$~he~% T, Pato, wbm hein[ to me duly ~m,orn, ~kno~le~ r.~at he *i~ed ~ above P~r of Attm'n~, es tbs nlor~sald o~5~mr of
WRb'TRRN SURETY COMPANY and acknowlndk, nd said in~rumnnt to be th. vnlualmry net a~d dnnd
~3;~IOUl~I I~l~kl~ ~otozly Public - ,gnuth Dakota
My Cemml~to~ Ex~r,~ N~ S0.21:~
I the unde~i~d officer oIWe~tern Sttrsty Campttny, a ~ck C~rl~ration of the Stot~ og~outh Dakota, do hereby c~rtify that the
atlaehnd Po~r~r of At~ in ia ~ ~r~ and ut~r~ and is irt~vim, ab]~, ~ fm~.l~rmo~, that S~ion ? of the bylaws of the Company
as ~e,. ~rth in the Po~ver of Attot'aey is n~ in
In tanzlniony wh~, ] ha'~ ~n~um:o ~t mir la.nd s. ncl ~ of Wan~mra ~ut~ Company this
November , 2002
l~hen T, Pa~. Exmeutlv~ Vit~ Prsnkl~nt
BACKUP TOWING AGREEMENT BETWEEN
THE CITY OF AVENTURA
AND
GOLD COAST TOWING
This AGREEMENT, dated the__./o~ day of~Z_, 2002, by and between the CITY OF
AVENTURA, a municipal corporation, hereinafter referred to as "CITY"; and GOLD
COAST TOWING, its successors and assigns, hereinafter referred to as
"CONTRACTOR".
WHEREAS, the CITY has solicited proposals from firms to provide TOWING,
WRECKER AND STORAGE SERVICES; and
WHEREAS, MIDTOWN TOWING OF MIAMI, INC. has been determined to be
the most responsive and responsible proposer;, and GOLD COAST TOWING has been
determined to be the second most responsive and responsible proposer; and
IN CONSIDERATION of the mutual terms, conditions, premises, and payments
hereinafter set forth, the CITY and CONTRACTOR agree as follows:
The CONTRACTOR agrees to provide the materials and/or services and to
be bound by the terms and conditions of the Request for Proposals, RFP #02-
8-15-2, which includes an Introduction, General Conditions and Special
Conditions, and Bid Forms as attached hereto and incorporated herein as
Exhibit "A" and to the terms of CONTRACTOR'S PROPOSAL attached hereto
and incorporated herein as Exhibit "B".
The CITY agrees to abide by and to be bound by all terms of the Request for
Proposal, RFP #02-8-15-2 which includes an Introduction, General Conditions
and Special Conditions and Bid Forms as attached hereto and incorporated
herein as Exhibit "A" and to the terms of CONTRACTOR'S PROPOSAL
attached hereto and incorporated herein as Exhibit "B".
3. CONTRACTOR shall deliver materials and/or provide service when and as
directed by the CITY.
The contractor acknowledges that the City has named MIDTOWN TOWING
OF MIAMI, INC. as the primary towing contractor and GOLD COAST
TOWING as the backup contractor. Contractor will provide services pursuant
to the revised Section 8.4 of the RFP as specifically stated in Addendum No.
1 dated August 2, 2002.
This Agreement constitutes the entire agreement between the parties hereto,
and its provisions shall not be amended, except in wdting, after formal
approval by both parties.
This Agreement will commence on November 1st, 2002 and expire on October
31st, 2005 unless contractor is otherwise notified by the City. The agreement
may be extended for two (2) additional one year periods upon mutual
agreement, in writing, by the CiTY and CONTRACTOR.
CONTRACTOR agrees to indemnify and hold the City harmless from any and
all claims, suits, actions,, damages, causes of action, or attorney's fees,
arising from any personal injury, loss of life, or damage to person or property
sustained by reason of or as a result of the products or services supplied or
the negligence of the CONTRACTOR, his employees, agents or assigns.
IN WITNES~ WHEREOF, the
on this /~'~ day of
parties hereto have made and executed this Agreement
2002.
WITNESSES:
!NG)
Secretary
Teresa M. Soroka, CMC
City Clerk
Edc M. Soroka % /
City Manager x~
APPROVED AS TO FORM
C~ty ~
(CITY SEAL)
~p 19 02 03:0~p
AIIstate
Certificate of Liability Insurance
This certificate h issued as a matter of information only and confers no rights upon the certificate
holder. This certificate does not amend, extend or alter the coverage afforded by the policies beinw,
Producer: Bradley Insurance Group/nc
6100 W Atlantic Bird, Suite l
.M. argate~ Fl 33063 Phn (954) 977-4500
Company affording coverage:
FAJUA-AIG
p.1
Insured
Gold Coast World Motor Sports Center
DBA Gold Coast Towin?
2890 NW 127t~ Street
Opa Locka, FL 330~~.
Coverages: This a to certify that the policies of insurance llsled below have been issued to the
insured named above for the policy period indicated. Notwithstanding any requirement, term or
condition of any contract or other document with respect to which this certlncate may be issued or
may pertain, the insurance afforded by the policies described herein is snbj~ct to all the terms,
exclusions and conditions of such policies. LimitS shown have been reduced by paid claims
~rance Pol~ffective _.~tion Limits
Description of Operations/Locatiom/Vehicies/Special hems if necessary:
Any Owned, Non-Owned, or Hired Vehicles
CcnJficale Holder Al,no Additional Insured
~ertificate Holder:
Certii~catet Date:
Cancellation:
/~zed~epre, sentative:
R2853-1