PSA – Go Tow

SERVICE AGREEMENT
BETWEEN
THE CITY OF AVONDALE
AND
GO SERVICES LLC
THIS SERVICE AGREEMENT (this “Agreement” is entered into as of June 4, 2012,
between the City of Avondale, an Arizona municipal corporation (the “City”) and Go Services
LLC, an Arizona limited liability company, d/b/a GO Tow (the “Contractor”).
RECITALS
A.
The City issued a Request for Proposals, PD-12-059 “Rotational Towing
Services” (the “RFP”), attached hereto as Exhibit A and incorporated herein by reference,
seeking proposals from vendors for general towing services.
B.
The Contractor submitted a proposal in response to the RFP (the “Proposal”),
attached hereto as Exhibit B and incorporated herein by reference.
C.
The City and the Contractor desire to enter into this Agreement for the purpose of
(i) establishing the terms and conditions by which the Contractor may provide on-call general
towing services to the City and to non-City customers, as more particularly set forth in Section 2
below on an “as-required” basis (the “Services”) and (ii) setting the maximum aggregate amount
to be expended pursuant to this Agreement related to the Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference, the following mutual covenants and conditions, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the
Contractor hereby agree as follows:
1.
Term of Agreement. This Agreement shall be effective as of the date first set
forth above and shall remain in full force and effect until June 4, 2013 (the “Initial Term”),
unless terminated as otherwise provided pursuant to the terms and conditions of this Agreement.
After the expiration of the Initial Term, this Agreement may be renewed for up to four
successive one-year terms (each, a “Renewal Term”) if (i) it is deemed in the best interests of the
City, in its sole discretion, subject to availability and appropriation of funds for renewal in each
subsequent year, (ii) at least 30 days prior to the end of the then-current term of the Agreement,
the Contractor requests, in writing, to extend the Agreement for an additional one-year term and
(iii) the City approves the additional one-year term in writing (including any price adjustments
approved as part of this Agreement), as evidenced by the City Manager’s signature thereon,
which approval may be withheld by the City for any reason. The Contractor’s failure to seek a
renewal of this Agreement shall cause the Agreement to terminate at the end of the then-current
term of this Agreement; provided, however, that the City may, at its discretion and with the
agreement of the Contractor, elect to waive this requirement and renew this Agreement. The
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Initial Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Upon
renewal, the terms and conditions of this Agreement shall remain in full force and effect.
2.
Scope of Work. This is an indefinite quantity and indefinite delivery Agreement
for Services. Services shall only be provided when the City identifies a need and proper
authorization has been approved. For circumstances determined by the City to be appropriate for
this Agreement, the Contractor shall provide the Services on an as-required basis as described in
the Scope of Work, attached hereto as Exhibit C and incorporated herein by reference. The City
does not guarantee any minimum or maximum amount of Services will be requested under this
Agreement.
3.
Compensation. The City shall pay Contractor for the Initial Term and for each
subsequent Renewal Term, if any, an annual aggregate amount not to exceed $50,000.00 for City
Tows (as described in the Scope of Work) at the rates as set forth for City Tows in the Fee
Proposal, attached hereto as Exhibit D and incorporated herein by reference. The maximum
aggregate amount for this Agreement shall not exceed $250,000.00. Contractor shall provide
Services for Private Tows at the rates set forth in the Fee Proposal, attached hereto as Exhibit D.
Charges for Services relating to Private Tows as provided under this Agreement will be paid
directly to the Contractor by the individual(s) receiving the Services. The City will not be
responsible for non-payment of bills tendered to individual(s), owners or owners’ agents
for Private Tows.
4.
Payments. The City shall pay the Contractor for City Tows monthly, based upon
work performed and completed to date, and upon submission and approval of invoices. All
invoices shall document and itemize all work completed to date. The invoice statement shall
include a record of time expended and work performed in sufficient detail to justify payment.
5.
Documents. All documents prepared and submitted to the City pursuant to this
Agreement shall be the property of the City.
6.
Contractor Personnel. Contractor shall provide adequate, experienced personnel,
capable of and devoted to the successful completion of the Services to be performed under this
Agreement. Contractor personnel must maintain during the term of the Agreement and all
licenses and permits required under ARIZ. ADMIN. CODE Title 13, Chapter 3 and by any
regulatory agency. Contractor agrees to assign specific individuals to key positions. Contractor
agrees that, upon commencement of the Services to be performed under this Agreement, key
personnel shall not be removed or replaced without prior written notice to the City. If key
personnel are not available to perform the Services for a continuous period exceeding
30 calendar days, or are expected to devote substantially less effort to the Services than initially
anticipated, Contractor shall immediately notify the City of same and shall, subject to the
concurrence of the City, replace such personnel with personnel of substantially equal ability and
qualifications.
7.
Inspection; Acceptance. All work shall be subject to inspection and acceptance
by the City at reasonable times during Contractor’s performance. The Contractor shall provide
and maintain a self-inspection system that is acceptable to the City.
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8.
Licenses; Materials. Contractor shall maintain in current status all federal, state
and local licenses and permits required for the operation of the business conducted by the
Contractor, including without limitation any and all licenses and permits required under ARIZ.
ADMIN. CODE Title 13, Chapter 3 and by any regulatory agency. The City has no obligation to
provide Contractor, its employees or subcontractors any business registrations or licenses
required to perform the specific services set forth in this Agreement. The City has no obligation
to provide tools, equipment or material to Contractor.
9.
Performance Warranty. Contractor warrants that the Services rendered will
conform to the requirements of this Agreement and to the highest professional standards in the
field.
10.
Indemnification. To the fullest extent permitted by law, the Contractor shall
indemnify, defend and hold harmless the City and each council member, officer, employee,
attorney or agent thereof (the City and any such person being herein called an “Indemnified
Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses
(including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate
proceedings) to which any such Indemnified Party may become subject, under any theory of
liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to,
arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors,
mistakes or omissions, in connection with the work or services of the Contractor, its officers,
employees, agents, or any tier of subcontractor in the performance of this Agreement. The
amount and type of insurance coverage requirements set forth below will in no way be construed
as limiting the scope of the indemnity in this Section.
11.
Insurance.
11.1
General.
A.
Insurer Qualifications. Without limiting any obligations or
liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter
stipulated minimum insurance with insurance companies authorized to do business in the State of
Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of Aor above with policies and forms satisfactory to the City. Failure to maintain insurance as
specified herein may result in termination of this Agreement at the City’s option.
B.
No Representation of Coverage Adequacy. By requiring insurance
herein, the City does not represent that coverage and limits will be adequate to protect
Contractor. The City reserves the right to review any and all of the insurance policies and/or
endorsements cited in this Agreement but has no obligation to do so. Failure to demand such
evidence of full compliance with the insurance requirements set forth in this Agreement or
failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or
deemed a waiver of, its obligation to maintain the required insurance at all times during the
performance of this Agreement.
C.
Additional Insured. All insurance coverage and self-insured
retention or deductible portions, except Workers’ Compensation insurance and Professional
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Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims
arising out of the performance of this Agreement, the City, its agents, representatives, officers,
directors, officials and employees as Additional Insured as specified under the respective
coverage sections of this Agreement.
D.
Coverage Term. All insurance required herein shall be maintained
in full force and effect until all work or services required to be performed under the terms of this
Agreement are satisfactorily performed, completed and formally accepted by the City, unless
specified otherwise in this Agreement.
E.
Primary Insurance. Contractor’s insurance shall be primary
insurance with respect to performance of this Agreement and in the protection of the City as an
Additional Insured.
F.
Waiver. All policies, except for Professional Liability, including
Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation)
against the City, its agents, representatives, officials, officers, attorneys and employees for any
claims arising out of the work or services of Contractor. Contractor shall arrange to have such
subrogation waivers incorporated into each policy via formal written endorsement thereto.
G.
Policy Deductibles and/or Self-Insured Retentions. The policies
set forth in these requirements may provide coverage that contains deductibles or self-insured
retention amounts. Such deductibles or self-insured retention shall not be applicable with respect
to the policy limits provided to the City. Contractor shall be solely responsible for any such
deductible or self-insured retention amount.
H.
Use of Subcontractors. If any work under this Agreement is
subcontracted in any way, Contractor shall execute written agreements with its subcontractors
containing the indemnification provisions set forth in this Section and insurance requirements set
forth herein protecting the City and Contractor. Contractor shall be responsible for executing
any agreements with its subcontractors and obtaining certificates of insurance verifying the
insurance requirements.
I.
Evidence of Insurance. Prior to commencing any work or services
under this Agreement, Contractor will provide the City with suitable evidence of insurance in the
form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as
required by this Agreement, issued by Contractor’s insurance insurer(s) as evidence that policies
are placed with acceptable insurers as specified herein and provide the required coverages,
conditions and limits of coverage specified in this Agreement and that such coverage and
provisions are in full force and effect. Confidential information such as the policy premium may
be redacted from the declaration page(s) of each insurance policy, provided that such redactions
do not alter any of the information required by this Agreement. The City shall reasonably rely
upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of
coverage but such acceptance and reliance shall not waive or alter in any way the insurance
requirements or obligations of this Agreement. In the event any insurance policy required by this
Agreement is written on a “claims made” basis, coverage shall extend for two years past
completion of the Services and the City’s acceptance of the Contractor’s work or services and as
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evidenced by annual certificates of insurance. If any of the policies required by this Agreement
expire during the life of this Agreement, it shall be Contractor’s responsibility to forward
renewal certificates and declaration page(s) to the City 30 days prior to the expiration date. All
certificates of insurance and declarations required by this Agreement shall be identified by
referencing the RFP number and title or this Agreement. A $25.00 administrative fee shall be
assessed for all certificates or declarations received without the appropriate RFP number and title
or a reference to this Agreement, as applicable. Additionally, certificates of insurance and
declaration page(s) of the insurance policies submitted without referencing the appropriate RFP
number and title or a reference to this Agreement, as applicable, will be subject to rejection and
may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically
include the following provisions:
(1)
The City, its agents, representatives, officers, directors,
officials, attorneys and employees are Additional Insureds as follows:
(a)
Commercial General Liability – Under Insurance
Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent.
(b)
Auto Liability – Under ISO Form CA 20 48 or
(c)
Excess Liability – Follow Form to underlying
equivalent.
insurance.
(2)
Contractor’s insurance shall be primary insurance as
respects performance of the Agreement.
(3)
All policies, except for Professional Liability, including
Workers’ Compensation, waive rights of recovery (subrogation) against City, its agents,
representatives, officers, officials, attorneys and employees for any claims arising out of
work or services performed by Contractor under this Agreement.
(4)
A 30-day advance notice cancellation provision.
If
ACORD certificate of insurance form is used, the phrases in the cancellation provision
“endeavor to” and “but failure to mail such notice shall impose no obligation or liability
of any kind upon the company, its agents or representatives” shall be deleted. Certificate
forms other than ACORD form shall have similar restrictive language deleted.
11.2
Required Insurance Coverage.
A.
Commercial General Liability.
Contractor shall maintain
“occurrence” form Commercial General Liability insurance with an unimpaired limit of not less
than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual
Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising
from premises, operations, independent contractors, products-completed operations, personal
injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy
form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s
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clause. To the fullest extent allowed by law, for claims arising out of the performance of this
Agreement, the City, its agents, representatives, officers, officials and employees shall be cited
as an Additional Insured under ISO, Commercial General Liability Additional Insured
Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section
II) is amended to include as an insured the person or organization shown in the Schedule, but
only with respect to liability arising out of “your work” for that insured by or for you.” If any
Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance
shall be “follow form” equal or broader in coverage scope than underlying insurance.
B.
Vehicle Liability. Contractor shall maintain Business Automobile
Liability insurance with a limit of $1,000,000 each occurrence on Contractor’s owned, hired and
non-owned vehicles assigned to or used in the performance of the Contractor’s work or services
under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto”
policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for
claims arising out of the performance of this Agreement, the City, its agents, representatives,
officers, directors, officials and employees shall be cited as an Additional Insured under ISO
Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any
Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance
shall be “follow form” equal or broader in coverage scope than underlying insurance.
C.
Workers’ Compensation Insurance. Contractor shall maintain
Workers’ Compensation insurance to cover obligations imposed by federal and state statutes
having jurisdiction over Contractor’s employees engaged in the performance of work or services
under this Agreement and shall also maintain Employers Liability Insurance of not less than
$500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy
limit.
11.3 Cancellation and Expiration Notice. Insurance required herein shall not
expire, be canceled, or be materially changed without 30 days’ prior written notice to the City.
12.
Termination; Cancellation.
12.1 For City’s Convenience. This Agreement is for the convenience of the
City and, as such, may be terminated without cause after receipt by Contractor of written notice
by the City. Upon termination for convenience, Contractor shall be paid for the undisputed
portion of its fees due for City Tows as of the termination date.
12.2 For Cause. This Agreement may be terminated by either party upon
30 days’ written notice should the other party fail to substantially perform in accordance with
this Agreement’s terms, through no fault of the party initiating the termination. In the event of
such termination for cause, payment shall be made by the City to the Contractor for the
undisputed portion of its fees due for City Tows as of the termination date.
12.3 Due to Work Stoppage. This Agreement may be terminated by the City
upon 30 days’ written notice to Contractor in the event that the Services are permanently
abandoned. In the event of such termination due to work stoppage, payment shall be made by
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the City to the Contractor for the undisputed portion of its fees due for City Tows as of the
termination date.
12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ.
REV. STAT. § 38-511. The City may cancel this Agreement without penalty or further
obligations by the City or any of its departments or agencies if any person significantly involved
in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the City or
any of its departments or agencies is, at any time while the Agreement or any extension of the
Agreement is in effect, an employee of any other party to the Agreement in any capacity or a
consultant to any other party of the Agreement with respect to the subject matter of the
Agreement.
12.5 Gratuities. The City may, by written notice to the Contractor, cancel this
Agreement if it is found by the City that gratuities, in the form of economic opportunity, future
employment, entertainment, gifts or otherwise, were offered or given by the Contractor or any
agent or representative of the Contractor to any officer, agent or employee of the City for the
purpose of securing this Agreement. In the event this Agreement is canceled by the City
pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies,
to recover or withhold from the Contractor an amount equal to 150% of the gratuity.
12.6 Agreement Subject to Appropriation. This Agreement is subject to the
provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of
this Agreement for payment of funds by the City shall be effective when funds are appropriated
for purposes of this Agreement and are actually available for payment. The City shall be the sole
judge and authority in determining the availability of funds under this Agreement and the City
shall keep the Contractor fully informed as to the availability of funds for the Agreement. The
obligation of the City to make any payment pursuant to this Agreement is a current expense of
the City, payable exclusively from such annual appropriations, and is not a general obligation or
indebtedness of the City. If the City Council fails to appropriate money sufficient to pay the
amounts as set forth in this Agreement during any immediately succeeding fiscal year, this
Agreement shall terminate at the end of then-current fiscal year and the City and the Contractor
shall be relieved of any subsequent obligation under this Agreement.
13.
Miscellaneous.
13.1 Independent Contractor. The Contractor acknowledges and agrees that the
Services provided under this Agreement are being provided as an independent contractor, not as
an employee or agent of the City. Contractor, its employees and subcontractors are not entitled
to workers’ compensation benefits from the City. The City does not have the authority to
supervise or control the actual work of Contractor, its employees or subcontractors. The
Contractor, and not the City, shall determine the time of its performance of the services provided
under this Agreement so long as Contractor meets the requirements of its agreed Scope of Work
as set forth in Section 2 above. Contractor is neither prohibited from entering into other
contracts nor prohibited from practicing its profession elsewhere. City and Contractor do not
intend to nor will they combine business operations under this Agreement.
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13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of
the State of Arizona and suit pertaining to this Agreement may be brought only in courts in
Maricopa County, Arizona.
13.3 Laws and Regulations. Contractor shall keep fully informed and shall at
all times during the performance of its duties under this Agreement ensure that it and any person
for whom the Contractor is responsible abides by, and remains in compliance with, all rules,
regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the
following: (A) existing and future City and County ordinances and regulations, (B) existing and
future State and Federal laws and (C) existing and future Occupational Safety and Health
Administration standards.
13.4 Amendments. This Agreement may be modified only by a written
amendment signed by persons duly authorized to enter into contracts on behalf of the City and
the Contractor.
13.5 Provisions Required by Law. Each and every provision of law and any
clause required by law to be in the Agreement will be read and enforced as though it were
included herein and, if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party, the Agreement will promptly be
physically amended to make such insertion or correction.
13.6 Severability. The provisions of this Agreement are severable to the extent
that any provision or application held to be invalid by a Court of competent jurisdiction shall not
affect any other provision or application of the Agreement which may remain in effect without
the invalid provision or application.
13.7 Relationship of the Parties. It is clearly understood that each party will act
in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of
the other. An employee or agent of one party shall not be deemed or construed to be the
employee or agent of the other for any purpose whatsoever. The Contractor is advised that taxes
or Social Security payments will not be withheld from any City payments issued hereunder and
Contractor agrees to be fully and solely responsible for the payment of such taxes or any other
tax applicable to this Agreement.
13.8 Entire Agreement; Interpretation; Parol Evidence. This Agreement
represents the entire agreement of the parties with respect to its subject matter, and all previous
agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and
superseded by this Agreement. No representations, warranties, inducements or oral agreements
have been made by any of the parties except as expressly set forth herein, or in any other
contemporaneous written agreement executed for the purposes of carrying out the provisions of
this Agreement. This Agreement shall be construed and interpreted according to its plain
meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting
the Agreement. The parties acknowledge and agree that each has had the opportunity to seek
and utilize legal counsel in the drafting of, review of, and entry into this Agreement.
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13.9 Assignment. No right or interest in this Agreement shall be assigned by
Contractor without prior, written permission of the City signed by the City Manager and no
delegation of any duty of Contractor shall be made without prior, written permission of the City
signed by the City Manager. Any attempted assignment or delegation by Contractor in violation
of this provision shall be a breach of this Agreement by Contractor.
13.10 Subcontracts. No subcontract shall be entered into by the Contractor with
any other party to furnish any of the material or services specified herein without the prior
written approval of the City. The Contractor is responsible for performance under this
Agreement whether or not subcontractors are used.
13.11 Rights and Remedies. No provision in this Agreement shall be construed,
expressly or by implication, as waiver by the City of any existing or future right and/or remedy
available by law in the event of any claim of default or breach of this Agreement. The failure of
the City to insist upon the strict performance of any term or condition of this Agreement or to
exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or
the City’s acceptance of and payment for services, shall not release the Contractor from any
responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a
waiver of any right of the City to insist upon the strict performance of this Agreement.
13.12 Attorneys’ Fees. In the event either party brings any action for any relief,
declaratory or otherwise, arising out of this Agreement or on account of any breach or default
hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’
fees and reasonable costs and expenses, determined by the court sitting without a jury, which
shall be deemed to have accrued on the commencement of such action and shall be enforced
whether or not such action is prosecuted through judgment.
13.13 Liens. All materials or services provided for City Tows shall be free of all
liens, and the Contractor hereby waives any such lien arising by operation of law or otherwise
for City Tows, and, if the City requests, a formal release of all liens arising by operation of law
or otherwise for City Tows shall be delivered to the City.
13.14 Offset.
A.
Offset for Damages. In addition to all other remedies at law or
equity, the City may offset from any money due to the Contractor any amounts Contractor owes
to the City for damages resulting from breach or deficiencies in performance or breach of any
obligation under this Agreement.
B.
Offset for Delinquent Fees or Taxes. The City may offset from
any money due to the Contractor any amounts Contractor owes to the City for delinquent fees,
transaction privilege taxes and property taxes, including any interest or penalties.
13.15 Notices and Requests. Any notice or other communication required or
permitted to be given under this Agreement shall be in writing and shall be deemed to have been
duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S.
Mail, registered or certified, return receipt requested, to the address set forth below, (C) given to
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a recognized and reputable overnight delivery service, to the address set forth below or
(D) delivered by facsimile transmission to the number set forth below:
If to the City:
City of Avondale
11465 West Civic Center Drive
Avondale, Arizona 85323
Facsimile: (623) 333-0100
Attn: Charles P. McClendon, City Manager
With copy to:
GUST ROSENFELD, P.L.C.
One East Washington Street, Suite 1600
Phoenix, Arizona 85004-2553
Facsimile: (602) 254-4878
Attn: Andrew J. McGuire, Esq.
If to Contractor:
Go Services LLC
5724 West Buckeye Road
Phoenix, Arizona 85043
Facsimile: (480) 522-1333
Attn: Thomas O’Brien
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received (A) when delivered to the party, (B) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage, (C) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day, or
(D) when received by facsimile transmission during the normal business hours of the recipient.
If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
13.16 Confidentiality of Records. The Contractor shall establish and maintain
procedures and controls that are acceptable to the City for the purpose of ensuring that
information contained in its records or obtained from the City or from others in carrying out its
obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or
employees, except as required to perform Contractor’s duties under this Agreement. Persons
requesting such information should be referred to the City. Contractor also agrees that any
information pertaining to individual persons shall not be divulged other than to employees or
officers of Contractor as needed for the performance of duties under this Agreement.
13.17 Records and Audit Rights. To ensure that the Contractor and its
subcontractors are complying with the warranty under subsection 13.18 below, Contractor’s and
its subcontractor’s books, records, correspondence, accounting procedures and practices, and any
other supporting evidence relating to this Agreement, including the papers of any Contractor and
its subcontractors’ employees who perform any work or services pursuant to this Agreement (all
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of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to
audit and/or reproduction during normal working hours by the City, to the extent necessary to
adequately permit (A) evaluation and verification of any invoices, payments or claims based on
Contractor’s and its subcontractors’ actual costs (including direct and indirect costs and overhead
allocations) incurred, or units expended directly in the performance of work under this
Agreement and (B) evaluation of the Contractor’s and its subcontractors’ compliance with the
Arizona employer sanctions laws referenced in subsection 13.18 below. To the extent necessary
for the City to audit Records as set forth in this subsection, Contractor and its subcontractors
hereby waive any rights to keep such Records confidential. For the purpose of evaluating or
verifying such actual or claimed costs or units expended, the City shall have access to said
Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement
for the duration of the work and until three years after the date of final payment by the City to
Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the City
with adequate and appropriate workspace so that the City can conduct audits in compliance with
the provisions of this subsection. The City shall give Contractor or its subcontractors reasonable
advance notice of intended audits. Contractor shall require its subcontractors to comply with the
provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant
to this Agreement.
13.18 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT.
§ 41-4401, the Contractor and its subcontractors warrant compliance with all federal immigration
laws and regulations that relate to their employees and their compliance with the E-verify
requirements under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractor’s failure to
comply with such warranty shall be deemed a material breach of this Agreement and may result
in the termination of this Agreement by the City.
13.19 Scrutinized Business Operations. Pursuant to ARIZ. REV. STAT. §§ 35391.06 and 35-393.06, the Contractor certifies that it does not have scrutinized business
operations in Sudan or Iran. For the purpose of this subsection the term “scrutinized business
operations” shall have the meanings set forth in ARIZ. REV. STAT. §§ 35-391 or 35-393, as
applicable. If the City determines that the Contractor submitted a false certification, the City
may impose remedies as provided by law including terminating this Agreement pursuant to
subsection 12.2 above.
13.20 Conflicting Terms. In the event of any inconsistency, conflict or
ambiguity among the terms of this Agreement, the Scope of Work, the Fee Proposal, the RFP
and the Contractor’s Proposal, the documents shall govern in the order listed herein.
13.21 Non-Exclusive Contract. This Agreement is entered into with the
understanding and agreement that it is a non-exclusive contract and is for the sole convenience of
the City. The City reserves the right to obtain like goods and services from another source when
necessary.
13.22 Cooperative Purchasing. Specific eligible political subdivisions and
nonprofit educational or public health institutions (“Eligible Procurement Unit(s)”) are permitted
to utilize procurement agreements developed by the City, at their discretion and with the
agreement of the awarded Contractor. Contractor may, at its sole discretion, accept orders from
1727681.1
11
Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and
under the terms and conditions of this Agreement, in such quantities and configurations as may
be agreed upon between the parties. All cooperative procurements under this Agreement shall be
transacted solely between the requesting Eligible Procurement Unit and Contractor. Payment for
such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of
any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive
obligation of such unit. The City assumes no responsibility for payment, performance or any
liability or obligation associated with any cooperative procurement under this Agreement. The
City shall not be responsible for any disputes arising out of transactions made by others.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
“City”
CITY OF AVONDALE, an Arizona
municipal corporation
Charles P. McClendon, City Manager
ATTEST:
Carmen Martinez, City Clerk
(ACKNOWLEDGMENT)
STATE OF ARIZONA
)
) ss.
COUNTY OF MARICOPA )
This instrument was acknowledged before me on
, 2012,
by Charles P. McClendon, the City Manager of the CITY OF AVONDALE, an Arizona
municipal corporation, on behalf of the City of Avondale.
Notary Public in and for the State of Arizona
(affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
1727681.1
12
“Contractor”
GO SERVICES LLC, an Arizona limited
liability company, d/b/a GO TOW
Thomas O’Brien, Managing Member
(ACKNOWLEDGMENT)
STATE OF
COUNTY OF
)
) ss.
)
This instrument was acknowledged before me on
, 2012,
by Thomas O’Brien, as Managing Member of GO SERVICES LLC, an Arizona limited liability
company, d/b/a/ GO TOW, on behalf of the company.
Notary Public in and for the State of Arizona
(affix notary seal here)
1727681.1
13
EXHIBIT A
TO
SERVICE AGREEMENT
BETWEEN
THE CITY OF AVONDALE
AND
GO SERVICES LLC
[RFP]
See following pages.
1727681.1
CITY OF AVONDALE
POLICE DEPARTMENT
REQUEST FOR PROPOSALS
FOR
ROTATIONAL TOWING SERVICES
SOLICITATION INFORMATION AND SELECTION SCHEDULE
Solicitation Number:
PD 12-059
Solicitation Title:
Rotational Towing Services
Release Date:
March 22, 2012
Advertisement Dates:
March 23 & 30, 2012 – West Valley View
March 22, 2012 – Arizona Business Gazette
MANDATORY
Pre-Submittal Conference:
April 2, 2012
10:00 a.m. (local time, Phoenix, Arizona)
Avondale City Hall
11465 West Civic Center Drive
Avondale, Arizona 85323
Final Date for Inquiries:
April 15, 2012
Proposal Due Date and Time:
April 23, 2012
3:00 p.m. (local time, Phoenix, Arizona)
Shortlist Announced for Oral Interviews:
May 1, 2012
Oral Interviews (if necessary):
May 7, 2012
Target City Council Award Date:
May 21, 2012
Anticipated Agreement Start Date:
June 15, 2012
RFP Administrator:
Loretta Browning [email protected]
623-333-2029
*
**
In the event that a Vendor cannot be selected based solely on Proposals submitted, Oral Interviews may
be conducted at the City’s sole discretion.
The City of Avondale reserves the right to amend the solicitation schedule as necessary.
1681883.1
CITY OF AVONDALE
POLICE DEPARTMENT
PD 12-059
SECTION A
Table of Contents
Section A
Page
I.
RFP Process, Award of Agreement
A-1
II.
Proposal Format; Scoring
A-7
III.
Oral Interviews; Scoring
A-13
IV.
Vendor Information Form
A-14
Section B
Sample Service Agreement
B-1
1681883.1
i
CITY OF AVONDALE
POLICE DEPARTMENT
PD 12-059
SECTION A
I.
RFP PROCESS; AWARD OF AGREEMENT
1.
Purpose; Scope of Work. The City of Avondale (the “City”) is issuing this
Request For Proposals (this “RFP”) seeking proposals (“Proposals”) from qualified, licensed
firms (“Vendors”) interested in providing general on-call towing services as requested by the
appropriate City Departments, as more particularly described in the Scope of Work attached to
the sample Services Agreement as Exhibit C (the “Services”), and incorporated herein by
reference. In accordance with the City’s Procurement Code, the City will accept sealed
Proposals for the Services specified in the Scope of Work in the sample Services Agreement.
1.1
General Intent; Minimum Requirements. The City intends to establish
multiple non-exclusive Agreements for the Services for two categories of towing, City Tows and
Private Tows, each as defined by the Scope of Work included with Section B of this RFP. The
selected Vendors will be utilized for performance of the Services generally in rotational order as
may be convenient to the City at the time of the tow, in the City’s sole discretion. Selected
Vendor(s) are not guaranteed to receive assignment of any specific vehicle tow or of any
particular number of vehicle tows annually or in any other period of time under the Agreements
to be awarded as proposed in this RFP. The Services may include, but are not limited to, towing
and storage of vehicles involved in accidents, improperly parked vehicles, vehicles that obstruct
or impede the flow of traffic or obstruct emergency lanes, walkways, and handicapped parking
spaces, police impound, including, without limitation thereto, towing mandated by ARIZ. REV.
STAT. § 28-3511 and seizure of evidence. The Services may include towing and storage of
commercial trucks, vans or other heavy vehicles. The selected Vendor(s) shall tow, store, or
impound (as necessary) any vehicle upon the request of authorized City representatives,
primarily the Avondale Police Department (the “Department”). The selected Vendor(s) must
meet the following minimum qualification requirements:
A.
The selected Vendor(s) must have sufficient equipment and
personnel to promptly respond to the City’s calls for Service 24 hours per day, in accordance
with the response times indicated in the Scope of Work included in Section B of this RFP. It is
estimated that the following percentage of Service calls will be made: (i) 95% - 8,000 lbs. or less
gross vehicle weight (“GVW”), (ii) 5% - over 8,000 lbs. GVW, but less than 18,000 lbs. GVW.
It is estimated that approximately 63% of all calls occur during the night or weekend hours and
37% occur during the daylight hours. Actual experience may vary from these figures and City
does not guarantee that a minimum number of tows will occur or that they will occur in any ratio
when comparing one time versus another.
B.
The selected Vendor(s) must have a qualified vehicle storage
facility(ies), or shall have prior to award of an Agreement, (each, a “Storage Facility”), as more
particularly described in the Scope of Work, with sufficient capacity to accept City’s Service
calls, accessible within a travel area of no more than ten miles (one way) from Avondale City
Hall. Driving distance shall be calculated based on Internet Mapping tools (i.e. Mapquest), using
the City of Avondale City Hall address to the location of the Storage Facility.
1681883.1
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CITY OF AVONDALE
POLICE DEPARTMENT
PD 12-059
SECTION A
2.
Preparation/Submission of Proposal. Vendors are invited to participate in the
competitive selection process for the Services outlined in this RFP. Responding parties shall
review their Proposal submissions to ensure the following requirements are met.
2.1
Irregular or Non-responsive Proposals. The City shall consider as
“irregular” or “non-responsive” and reject any Proposal not prepared and submitted in
accordance with this RFP, or any Proposal lacking sufficient information to enable the City to
make a reasonable determination of compliance to the minimum qualifications. Unauthorized
conditions, limitations, or provisions shall be cause for rejection. Proposals may be deemed nonresponsive at any time during the evaluation process if, in the sole opinion of the City:
A.
Vendor does not meet the minimum required skill, experience or
requirements to perform or provide the Service.
B.
contractual obligations.
C.
Vendor has a past record of failing to fully perform or fulfill
Vendor cannot demonstrate financial stability.
D.
Vendor’s Proposal contains false, inaccurate or misleading
statements that, in the opinion of the City Manager or authorized designee, are intended to
mislead the City in its evaluation of the Proposal.
2.2
Submittal Quantities. Interested Vendors must submit one (1) original
and five (5) copies (six (6) total submittals) of the Proposal. In addition, interested parties must
submit one (1) original copy of the Proposal on a CD-ROM (or electronic media approved by
the City) in printable Adobe or Microsoft Word format (or other format approved by the City).
Failure to adhere to the submittal quantity criteria shall result in the Proposal being considered
non-responsive.
2.3
Required Submittal. The Proposal shall be submitted with a cover letter
with an original ink signature by a person authorized to bind the Vendor. Proposals submitted
without a cover letter with an original ink signature by a person authorized to bind the Vendor
shall be considered non-responsive. The Proposal shall be a maximum of twenty (20) pages to
address the Proposal criteria (excluding résumés and the Vendor Information Form, but
including the materials necessary to address understanding of the Services to be provided,
general information, organizational chart, photos, tables, graphs, and diagrams). Each page side
(maximum 8 1/2” x 11”) with criteria information shall be counted. However, one page may be
substituted with an 11” x 17” sheet of paper, folded to 8 1/2” x 11”, showing an organizational
chart and only having information on one side. Cover, back, table of contents and tabs may be
used and shall not be included in the page count, unless they include additional Services-specific
information or Proposal criteria responses. The minimum allowable font for the Proposal is 11
pt, Arial or Times New Roman. Failure to adhere to the page limit, size and font criteria shall
result in the Proposal being considered non-responsive. Telegraphic (facsimile), electronic (email) or mailgram Proposals will not be considered.
1681883.1
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CITY OF AVONDALE
POLICE DEPARTMENT
PD 12-059
SECTION A
2.4
Vendor Responsibilities. All Vendors shall (A) examine the entire RFP,
(B) seek clarification of any item or requirement that may not be clear, (C) check all responses
for accuracy before submitting a Proposal and (D) submit the entire Proposal by the Proposal
Due Date and Time. Late Proposals will not be considered. A Vendor submitting a late
Proposal shall be so notified. Negligence in preparing a Proposal confers no right of withdrawal
after the Proposal Due Date and Time.
2.5
Sealed Submittals. All Proposals shall be sealed and clearly marked with
the RFP number and title, (PD 12-059) Rotational Towing Services, on the lower left hand
corner of the mailing envelope. A return address must also appear on the outside of the sealed
Proposal. The City is not responsible for the pre-opening of, post-opening of, or the failure to
open, any Proposals not properly addressed or identified.
2.6
Pricing. The Vendor shall submit the same number of copies of the Fee
Proposal as described in Section I, 2.2 in a separate, sealed envelope enclosed with the Vendor’s
Proposal. Pricing shall be inclusive of all of the Services in the Scope of Work as described in
the sample Service Agreement in Exhibit C. The Fee Proposal must separately show and
specifically itemize each and every fee or charge for each City Tow and for each Private Tow. A
Fee Proposal outline is attached to the sample Service Agreement as Exhibit D.
2.7
Address. All Proposals shall be directed to the following address: City
Clerk, 11465 West Civic Center Drive, Suite 200, Avondale, Arizona 85323, or hand-delivered
to the City Clerk’s office by the Proposal Due Date and Time indicated on the cover page of this
RFP.
2.8
Pricing Errors. If price is a consideration and in case of error in the
extension of prices in the Proposal, the unit price shall govern. Periods of time, stated as number
of days, shall be calendar days.
2.9
Proposal Irrevocable. In order to allow for an adequate evaluation, the
City requires the Proposal to be valid and irrevocable for 90 days after the Proposal Due Date
and Time indicated on the cover of this RFP.
2.10 Amendment/Withdrawal of Proposal. At any time prior to the specified
Proposal Due Date and Time, a Vendor (or designated representative) may amend or withdraw
its Proposal. Any erasures, interlineations, or other modifications in the Proposal shall be
initialed in original ink by the authorized person signing the Proposal. Facsimile, electronic (email) or mailgram Proposal amendments or withdrawals will not be considered. No Proposal
shall be altered, amended or withdrawn after the specified Proposal Due Date and Time.
3.
Cost of Proposal Preparation. The City does not reimburse the cost of
developing, presenting or providing any response to this solicitation. Proposals submitted for
consideration should be prepared simply and economically, providing adequate information in a
straightforward and concise manner. The Vendor is responsible for all costs incurred in
1681883.1
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CITY OF AVONDALE
POLICE DEPARTMENT
PD 12-059
SECTION A
responding to this RFP. All materials and documents submitted in response to this RFP become
the property of the City and will not be returned.
4.
Inquiries.
4.1
Written/Verbal Inquiries. Any question related to the RFP shall be
directed to the RFP Administrator whose name appears on the cover page of this RFP.
Questions shall be submitted in writing or via e-mail by the close of business on the Final Date
for Inquiries indicated on the cover page of this RFP or submitted verbally (A) at the PreSubmittal Conference on the date indicated on the cover page of this RFP (if such Pre-Submittal
Conference is held) or (B) after the Pre-Submittal Conference but before the Final Date for
Inquiries indicated on the cover page of this RFP. In the event the City is closed on the Final
Date for Inquiries, the Vendor shall submit the question(s) to the RFP Administrator via e-mail
or voicemail. Any inquiries related to this RFP shall refer to the number and title, page and
paragraph. However, the Vendor shall not place the RFP number and title on the outside of any
envelope containing questions, because such an envelope may be identified as a sealed Proposal
and may not be opened until after the Proposal Due Date and Time.
4.2
Inquiries Answered. Written questions will be read and answered at the
Pre-Submittal Conference on the date indicated on the cover page of this RFP. Verbal or
telephone inquiries directed to City staff will not be answered. Within two (2) business days
following the Pre-Submittal Conference, answers to all questions received in writing or via email or verbally at the Pre-Submittal Conference will be mailed, sent via facsimile and/or emailed to all parties who obtained an RFP package from the City and who legibly provided their
mailing address, facsimile and/or e-mail address to the City. No questions, submitted in any
form, will be answered after the Final Date for Inquiries listed on the cover of this RFP.
5.
Pre-Submittal Conference. A Pre-Submittal Conference may be held. If
scheduled, the date and time of this conference will be indicated on the cover page of this RFP.
This conference may be designated as mandatory or non-mandatory on the cover page of this
RFP. Additionally, if the Pre-Submittal Conference is designated as mandatory, failure to attend
shall render that Vendor’s Proposal non-responsive. Vendors are strongly encouraged to attend
those Pre-Submittal Conferences designated as non-mandatory. The purpose of this conference
will be to clarify the contents of this RFP in order to prevent any misunderstanding of the City’s
requirements. Any doubt as to the requirements of this RFP or any apparent omission or
discrepancy should be presented to the City at this conference. The City will then determine if
any action is necessary and may issue a written amendment or addendum to the RFP. Oral
statements or instructions will not constitute an amendment or addendum to this RFP. Any
addendum issued as a result of any change in this RFP shall become part of the RFP and must be
acknowledged in the Proposal submittal. Failure to indicate receipt of the addendum shall result
in the Proposal being rejected as non-responsive.
6.
Payment Requirements; Payment Discounts. Any Proposal that requires payment
in less than 30 calendar days by the City for City Tows shall not be considered. Payment
discounts of 30 calendar days or more will be deducted from the Proposal price in determining
1681883.1
A-4
CITY OF AVONDALE
POLICE DEPARTMENT
PD 12-059
SECTION A
the low Proposal. The City shall be entitled to take advantage of any payment discount offered
by the Vendor provided payment is made within the discount period.
7.
Federal Excise Tax. The City is exempt from Federal Excise Tax, including the
Federal Transportation Tax. Sales tax, if any, shall be indicated as a separate item.
8.
Public Record. All Proposals shall become the property of the City. After award
of Agreement(s), Proposals shall become public records and shall be available for public
inspection in accordance with the City’s Procurement Code, except that any portion of a
Proposal that was designated as confidential pursuant to Section 9 below shall remain
confidential from and after the time of Proposal opening to the extent permitted by Arizona law.
9.
Confidential Information. If a Vendor believes that a Proposal or protest contains
information that should be withheld from the public record, a statement advising the RFP
Administrator of this fact shall accompany the submission and the information shall be
identified. The information identified by the Vendor as confidential shall not be disclosed until
the Procurement Agent makes a written determination. The Procurement Agent shall review the
statement and information and shall determine in writing whether the information shall be
withheld. If the Procurement Agent determines to disclose the information, the RFP
Administrator shall inform the Vendor in writing of such determination.
10.
Vendor Licensing and Registration. Prior to the award of the Agreement, the
successful Vendor shall (i) be registered with or licensed or authorized by the Arizona
Corporation Commission or Arizona Secretary of State, as required by Arizona law, to do
business in Arizona and (ii) have a completed Request for Vendor Number on file with the City
Financial Services Department. The Vendor shall provide (i) licensure information with the
Proposal, including without limitation, any license or permit required by the Arizona Department
of Transportation or Arizona Department of Public Safety and (ii) proof of compliance with all
requirements under ARIZ. ADMIN. CODE Title 13, Chapter 3. Corporations, partnerships and
limited liability companies shall provide a Certificate of Good Standing from the Arizona
Corporation Commission, Arizona Secretary of State or other governmental registration agency.
11.
Certification. By submitting a Proposal, the Vendor certifies:
11.1 No Collusion. The submission of the Proposal did not involve collusion
or other anti-competitive practices.
11.2 No Discrimination. It shall not discriminate against any employee or
applicant for employment in violation of Federal Executive Order 11246.
11.3 No Gratuity. It has not given, offered to give, nor intends to give at any
time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special
discount, trip favor or service to a City employee, officer or agent in connection with the
submitted Proposal. It (including the Vendor’s employees, representatives, agents, lobbyists,
attorneys, and subcontractors) has refrained, under penalty of disqualification, from direct or
1681883.1
A-5
CITY OF AVONDALE
POLICE DEPARTMENT
PD 12-059
SECTION A
indirect contact for the purpose of influencing the selection or creating bias in the selection
process with any person who may play a part in the selection process, including the Selection
Committee, elected officials, the City Manager, Assistant City Managers, Department Heads,
and other City staff. All contact must be addressed to the City’s Procurement Agent, except for
questions submitted as set forth in Section 4, Inquiries, above. Any attempt to influence the
selection process by any means shall void the submitted Proposal and any resulting Agreement.
11.4 Financial Stability. It is financially stable, solvent and has adequate cash
reserves to meet all financial obligations including any potential costs resulting from an award of
the Agreement.
11.5 No Signature/False or Misleading Statement. Failure to sign the Proposal,
or signing it with a false or misleading statement, shall void the submitted Proposal and any
resulting Agreement.
11.6 Service Agreement. In addition to reviewing and understanding the
submittal requirements, it has reviewed the attached sample Service Agreement including the
Scope of Work and other Exhibits.
12.
Award of Agreement.
12.1 Selection. A Selection Committee composed of representatives from the
City will conduct the selection process according to the schedule listed on the cover page of this
RFP. Proposals shall be opened at the time and place designated on the cover page of this RFP.
The name of each Vendor and the identity of the RFP for which the Proposal was submitted shall
be publicly read and recorded in the presence of witnesses. PRICES SHALL NOT BE READ.
The Selection Committee shall recommend award to the City Council of as many or as few
Service Agreement(s) as it deems appropriate, in its sole discretion, to any responsible and
responsive Vendor(s) whose Proposal(s) are determined, in writing, to be the most advantageous
to the City and best meets the overall needs of the City taking into consideration the evaluation
criteria set forth in this RFP. The amount of applicable transaction privilege or use tax of the
City shall not be a factor in determining the most advantageous Proposal. After the City has
entered into a Service Agreement with a successful Vendor, the successful Proposal and the
scoring documentation shall be open for public inspection.
12.2 Line Item Option. Unless the Proposal states otherwise, or unless
otherwise provided within this RFP, the City reserves the right to award by individual line item,
by group of line items, or as a total, whichever is deemed most advantageous to the City.
12.3 Multiple Award. The City, at its sole discretion, may elect to enter into
Agreements with multiple Vendors who are qualified to provide the Services. The final terms
and conditions of any Service Agreement will be negotiated by the City with each successful
offeror.
1681883.1
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CITY OF AVONDALE
POLICE DEPARTMENT
PD 12-059
SECTION A
12.4 Form of Agreement. Each selected Vendor will be required to execute the
City’s standard Service Agreement in a form acceptable to the City Attorney. A sample of the
standard Service Agreement is included with this RFP as Section B. If the City is unsuccessful
in negotiating an Agreement with any responsive, selected Vendor, then City may, in its sole
discretion, negotiate with any or all other Vendors submitting Proposals in response to this RFP.
City Council approval may be required. The City reserves the right to terminate the selection
process at any time.
12.5 Waiver; Rejection; Reissuance. Notwithstanding any other provision of
this RFP, the City expressly reserves the right to: (A) waive any immaterial defect or
informality, (B) reject any or all Proposals or portions thereof and (C) reissue an RFP.
12.6 Protests. Any Vendor may protest this RFP issued by the City, the
proposed award of an Agreement, or the actual award of an Agreement. All protests will be
considered in accordance with the City Procurement Code.
13.
Offer. A Proposal is an offer to contract with the City based upon the terms,
conditions and specifications contained in this RFP and the Vendor’s responsive Proposal, unless
any of the terms, conditions, or specifications is modified by a written addendum or agreement
amendment. Provided, however, that no contractual relationship shall be established until the
Vendor has signed, and the City has approved, a Service Agreement between the City and the
Vendor in the form acceptable to the City Attorney. A sample Service Agreement is included
herein.
II.
PROPOSAL FORMAT; SCORING
Upon receipt of a Proposal, each submittal will be reviewed for compliance with the
Proposal requirements by the Selection Committee. Proposals shall be organized and submitted
in the format as outlined below. Failure to conform to the designated format, standards and
minimum requirements shall result in a determination that the Proposal is non-responsive.
Additionally, the Selection Committee will evaluate and award points to each Proposal based
upon the evaluation criteria as outlined in this document. Points listed below are the maximum
number of points possible for each criteria and not the minimum number that the Selection
Committee may award. If necessary, the Selection Committee may conduct oral interviews with
at least three (3) of the highest ranked Vendors based upon the Proposal submittal scoring.
Section 1: General Information
A.
10 pts
One page cover letter as described in Section I, 2.3.
B.
Explain the legal organization of the Vendor. Provide identification information
of the Vendor. Include the legal name, address, identification number and legal form of the
Vendor (e.g., partnership, corporation, limited liability company, joint venture, sole
proprietorship). If a joint venture or limited liability company, identify the members and
managers of the joint venture or limited liability company and provide all of the information
1681883.1
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CITY OF AVONDALE
POLICE DEPARTMENT
PD 12-059
SECTION A
required under this section for each member and manager. If the Vendor is a wholly owned
subsidiary of another company or business entity, identify the parent company or business entity
and provide the information required under this section for the parent company or business
entity. Provide the name, address and telephone number of the person to contact concerning the
Proposal.
C.
As required by ARIZ. REV. STAT. § 28-1108, disclose in writing the owners of the
Vendor firm submitting the Proposal and, if the owners own other towing firms that are also
submitting Proposals in response to this RFP, the names of those towing firms. A Vendor
operating under multiple names will not receive additional Service calls on the rotation system to
be established pursuant to this RFP. The Vendor shall designate which of its firms will be the
firm providing Services to the City if selected.
D.
different.
Identify the location of the Vendor’s principal office and the local work office, if
E.
Provide a general description of the Vendor that is proposing to provide the
Services, including years in business.
F.
Identify any contract or subcontract held by the Vendor or officers of the Vendor
that have been terminated within the last five (5) years. Briefly describe the circumstances and
the outcome.
G.
Identify any claims arising from a contract which resulted in litigation or
arbitration within the last five (5) years. Briefly describe the circumstances and the outcome.
H.
Vendor Information Form (may be attached as separate appendix) and evidence of
any and all licensure and registration information required pursuant to Section I, 10 of this RFP.
Section 2: Experience and Qualifications of the Vendor
20 pts
A.
Provide a detailed description of the Vendor’s experience in providing similar
services to municipalities or other entities of a similar size to the City; specifically relating
experience with respect to providing on-call towing services.
B.
Provide a list of at least three (3) organizations of a similar size or similar
operation to the City in which work has been performed. This list shall include, at a minimum,
the following:
(i)
Name of company or organization.
(ii)
Contact name.
(iii)
Contact address, telephone number and e-mail address.
1681883.1
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CITY OF AVONDALE
POLICE DEPARTMENT
PD 12-059
SECTION A
(iv)
Type of services provided.
The above information must be current, as this will be used to verify references.
Inability of the City to verify references shall result in the Proposal being considered nonresponsive.
C.
Provide a list of all customers within the last year for which 200 or more vehicles
were annually towed. Include the following for each:
(i)
Company name, address, type of business.
(ii)
Contact person, name and phone number.
(iii)
Number of annual tows.
(iv)
Formally contracted ______yes _____no. If yes:
a.
Response time requirement ____yes ____no. If yes, state required
b.
Rotation contract ______yes ______no.
c.
Zones or geographic areas assigned, if applicable to award.
d.
Expiration date of agreement or contract.
response time.
(v)
Type of vehicles towed.
(vi)
Availability - business hours or 24 hour requirement.
(vii)
Type of equipment required.
(viii)
Storage facility requirements.
Section 3: Key Positions
20 pts
A.
Identify each key personnel member that will render services to the City including
title and relevant experience required, including the proposed Service Manager.
B.
Describe how Vendor’s firm will adapt the specified manpower and equipment in
relationship to meeting the specific requirements of the Agreement.
C.
If a subcontractor(s) will be used, provide a detailed plan for providing
supervision and indicate compliance with the applicable requirements of Section 22 of the Scope
of Work.
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CITY OF AVONDALE
POLICE DEPARTMENT
PD 12-059
SECTION A
D.
Attach a résumé and evidence of certification, if any, for each key personnel
member and/or subcontractor to be involved in the Services. Résumés should be attached
together as a single appendix at the end of the Proposal and will not count toward the Proposal
page limit.
Section 4: Service Approach
20 pts
A.
Briefly describe the Vendor’s approach to performing the required Services in the
Scope of Work included in the Service Agreement as Exhibit C, and its approach to contract
management, including its perspective and experience on customer service, responsiveness,
scheduling and staff. Describe how Vendor’s company will adapt the specified manpower and
equipment in relationship to meeting the specific requirements of the Agreement.
B.
Provide a list of towing vehicles in operating fleet to be used to provide the
Services. Include for each:
(i)
Classification – Department of Public Safety (“DPS”) classification light,
medium, heavy duty.
(ii)
Copy of current DPS inspection and certification document.
(iii)
Name of the registered owner.
C.
If there is a vehicle that will be purchased or leased prior to commencement of the
Agreement, provide a copy of the proposed purchase or lease agreement form or letter of credit
from the dealer or agent.
D.
Describe the method of dispatching to be used to ensure compliance with
response times after request for Services. Include the 24- hour phone number.
E.
Describe the method of obtaining heavy duty tow truck response and the fixed
rate per mile if towing to a location out of the City at customer’s request.
F.
G.
H.
following:
Provide a copy of each proposed form documents:
(i)
Master Log.
(ii)
Invoice.
Describe how Vendor’s firm intends to make notifications.
Describe Vendor’s Vehicle Storage Facility (the “Storage Facility”). Include the
1681883.1
A-10
CITY OF AVONDALE
POLICE DEPARTMENT
PD 12-059
SECTION A
(i)
For the primary Storage Facility:
a.
Address.
b.
Zoning.
c.
Map of location showing distance between the Storage Facility and
Avondale City Hall, in miles.
d.
Current capacity being used, including all users and their uses of
the Storage Facility.
e.
Indicate whether the Storage Facility is owned by the Vendor or
leased. If leased, attach a copy of the current or proposed agreement from the landlord,
including the term of such agreement.
g.
towing storage.
The length of time that the Storage Facility has been used for
h.
Fencing, lighting, lot surfacing, attendant’s office for staff release
during normal business hours.
i.
Vendor’s use of the Storage Facility. If Vendor is not the only
user, list the following for each other user:
•
•
j.
Company name.
Capacity of lot used ________%.
Attach a dimensional drawing of the Storage Facility and include
the following:
•
•
•
•
•
k.
Boundaries with dimensions in feet.
Location of main gate and access street.
Lighting locations.
Fence lines.
Staff facility for normal hours vehicle release.
Attach current color photographs of:
•
•
•
•
Main entrance.
Fencing.
Lighting.
Business office, interior and exterior.
1681883.1
A-11
CITY OF AVONDALE
POLICE DEPARTMENT
PD 12-059
SECTION A
(ii)
For the secondary Storage Facility, if any:
a.
Address.
b.
Zoning.
c.
Map of location.
d.
Boundaries with dimensions in feet.
e.
Main gate and access street.
f.
Lighting locations.
g.
Fence lines.
h.
Staff facility for normal hours vehicle release.
i.
Attach current color photographs of:
•
•
•
•
Main entrance.
Fencing.
Lighting.
Business office, interior and exterior.
Section 5: Pricing
10 pts
Vendor shall submit the same number of copies of the Fee Proposal as described in
Section I, 2.6 in a separate, sealed envelope enclosed with the Vendor’s Proposal with the
signature of the representative of the Vendor who is authorized to make such an offer. The Fee
Proposal must be provided in the format attached as Exhibit D of the Service Agreement. The
Fee Proposal shall list the individual fee for each classification of the Services and shall all
requested rates. Identify all other costs to be billed to the City and non-City customers, including
administrative fees and expenses (no mark-up on expenses will be allowed) and subcontractor
fees.
Total Possible Points for Proposal:
100
1681883.1
A-12
CITY OF AVONDALE
POLICE DEPARTMENT
PD 12-059
SECTION A
III.
ORAL INTERVIEWS; SCORING
In the event that a Vendor or Vendors cannot be selected based solely on the Proposals
submitted, Vendors may be selected for oral interviews. The selected Vendors will be invited to
participate in discussions with the Selection Committee on the date indicated on the cover page
of this RFP and awarded points based upon the criteria as outlined below. Vendors may be given
additional information for these oral interviews. These discussions will relate less to the past
experience and qualifications already detailed in the Proposals and relate more to identification
of the Vendor’s project approach and to an appraisal of the people who would be directly
involved in the Services for this RFP.
Oral Interview
10
General Information
25
Experience and Qualifications of the Vendor
20
Key Positions
45
Proposed Services Provided
100
Total Possible Points for Oral Interview
Total Points Possible for this RFP:
200
1681883.1
A-13
CITY OF AVONDALE
POLICE DEPARTMENT
PD 12-059
SECTION A
IV.
VENDOR INFORMATION FORM
By submitting a Proposal, the submitting Vendor certifies that it has reviewed the administrative
information and draft of the Service Agreement’s terms and conditions and, if awarded the
Agreement, agrees to be bound thereto.
VENDOR SUBMITTING PROPOSAL
FEDERAL TAX ID NUMBER
PRINTED NAME AND TITLE
AUTHORIZED SIGNATURE
ADDRESS
TELEPHONE
CITY
STATE
ZIP
FAX #
DATE
WEB SITE:
E-MAIL ADDRESS:
SMALL, MINORITY, DISADVANTAGED AND WOMEN-OWNED BUSINESS
ENTERPRISES (check appropriate item(s):
Small Business Enterprise (SBE)
Minority Business Enterprise (MBE)
Disadvantaged Business Enterprise (DBE)
Women-Owned Business Enterprise (WBE)
Has the Vendor been certified by any jurisdiction in Arizona as a minority or woman-owned
business enterprise?
If yes, please provide details and documentation of the certification.
1681883.1
A-14
CITY OF AVONDALE
POLICE DEPARTMENT
REQUEST FOR PROPOSALS
ROTATIONAL TOWING SERVICES
PD 12-059
ADDENDUM No. 1
Date:
April 18, 2012
From:
Cindy Bueno, Department Representative
Subject: Addendum No. 1 to Request for Proposals PD 12-059
Proposal Due Date and Time: April 23, 2012, 3:00 p.m. (local time, Phoenix, Arizona)
SCOPE
This Addendum forms a part of the Agreement and clarifies, corrects, or modifies the original
Request for Proposals documents prepared by the City of Avondale. Acknowledge receipt of
this Addendum in the space provided on the attached form. This Acknowledgement and
Addendum must accompany the submitted Proposal. Failure to do so may subject the Vendor’s
Proposal to disqualification.
This Addendum No. 1 consists of changes to (i) Section A, Article II, (ii) Section B, Exhibit C,
Scope of Work, and (iii) Exhibit D, Fee Proposal, of the Request for Proposals No. PD 12-059,
as released on March 22, 2012.
ADDENDUM
1.
Section A, Article II, subsection 3(C) is hereby amended as follows:
C.
2.
If a subcontractor(s) will be used, provide a detailed plan for providing
supervision and indicate compliance with the applicable requirements of Section
22 26 of the Scope of Work.
Section A, Article II, Section 5, Pricing, is hereby amended as follows:
Vendor shall submit the same number of copies of the Fee Proposal as described in
Section I, 2.6 in a separate, sealed envelope enclosed with the Vendor’s Proposal with the
signature of the representative of the Vendor who is authorized to make such an offer.
The Fee Proposal must be provided in the format attached as Exhibit D of the Service
Agreement. The Fee Proposal shall list the individual fee for each classification of the
Services and shall all requested rates. identify IDENTIFY all other costs to be billed to
the City and non-City customers, including administrative fees and expenses (no mark-up
on expenses will be allowed) and subcontractor fees.
1704579.2
3.
Section B, Exhibit C, Scope of Work, subsection 6.1 is hereby amended as follows:
6.1
Sufficient tow trucks to service the City, one of which shall be
classified as a medium duty tow truck as determined by a current inspection and
certification by Arizona Department of Public Safety (“DPS”). The balance of
Contractor’s tow trucks may be light tow trucks which have been so inspected and certified
by DPS. The Contractor shall provide, either with its own equipment or by agreement with
another entity, a heavy duty tow truck within two hours ONE HOUR of the request for
such vehicle. Contractor shall ensure that not less than two “flatbed variety” tow trucks are
available for service in the City at all times. Tow trucks shall have the Contractor’s name
painted in three-inch minimum letters on the sides of each vehicle in service and shall
display the DPS inspection seal. Contractor shall maintain all current State and City
licenses for the operation of its business, and shall provide proof of inspection and
appropriate certification through DPS upon request.
4.
Section B, Exhibit C, Scope of Work, subsection 7.2 is hereby amended as follows:
7.2
Contractor shall provide a Storage Facility that is a fenced, lighted
storage area, with a secure fence at least six feet in height which provides adequate
security. The Storage Facility shall be appropriately zoned, located no farther than a ten
miles radius driving distance from Avondale City Hall. The Storage Facility shall have
adequate space available to accommodate the estimated volume. In addition, the
Contractor shall display an appropriate sign with the proper name of the business and the
address shall also be visible from the public street. It also shall have a business office,
suitable for conducting business with customers and record retention shall be provided on
site.
Note: Driving distance shall be calculated based on Internet Mapping tools
(i.e. Mapquest), using the City of Avondale City Hall address to the location of the storage
facility.
5.
Section B, Exhibit C, Scope of Work, subsection 13.1 is hereby amended as follows:
13.1 The Department dispatcher will ENDEAVOR TO provide the
Contractor A GENERAL DESCRIPTION OF THE VEHICLE TO BE TOWED WITH AS
MUCH INFORMATION AS REASONABLY AVAILABLE at the time of the call with a
description (E.G. manufacturer’s name, model, year and license number) of the vehicle to
be towed. HOWEVER, CONTRACTOR ACKNOWLEDGES AND AGREES THAT
THERE MAY BE OCCASIONS WHERE SUCH INFORMATION WILL NOT BE
AVAILABLE, FOR EXAMPLE, IF A VEHICLE IS BURNED OR SUBMERGED IN
WATER.
6.
Section B, Exhibit C, Scope of Work, subsection 13.3(C) is hereby amended as follows:
C.
Two hours ONE HOUR from receipt of a request outside of
the City, but within the Phoenix metropolitan area.
1704579.2
2
7.
Section B, Exhibit C, Scope of Work, Section 16, Storage of Vehicles, is hereby deleted
in its entirety and replaced with the following:
16.
Storage of Vehicles. Vehicles shall not be removed from the Storage
Facility to which the vehicle is first towed unless it is (A) claimed by the owner or (B) the
owner or owner’s authorized agent directs that it be moved to another location. As set forth
in subsection 14.2 above, no vehicle designated as a “HOLD” vehicle by the Department
shall be moved from the Storage Facility without the Department’s prior, written
authorization.
8.
Section B, Exhibit C, Scope of Work, is hereby amended by renumbering Section 20,
Billings and Payments, as a new Section 24 and all related subsections and references are
renumbered accordingly.
9.
Section B, Exhibit C, Scope of Work, is hereby amended by renumbering Section 21,
Solicitation of Repair Business for Vehicles Towed, as a new Section 25 and all related
references are renumbered accordingly.
10.
Section B, Exhibit C, Scope of Work, is hereby amended by renumbering Section 22,
Assigns and Subcontracts, as a new Section 26 and all related subsections and references
are renumbered accordingly.
11.
Section B, Exhibit D, Fee Proposal, is hereby deleted in its entirety and replaced with the
Fee Proposal attached to this Addendum No. 1 as Exhibit 1 and incorporated herein by
this reference.
1704579.2
3
EXHIBIT 1
TO
ADDENDUM NO. 1
TO
REQUEST FOR PROPOSALS NO. PD 12-059
(Fee Proposal)
See following page.
1704579.2
FEE PROPOSAL
Description of Services:
Rates
Less Than
10,000 GVW
Non-Abandoned Vehicle Towing (Private Tows):
1. Hourly rate, prorated every 15 minutes
after first complete hour:
2.
3.
4.
5.
6.
More than 10,000 GVW,
Less than 18,000 GVW
$
$
Storage charge for each 24 hour period
or portion thereof:
$
$
Maximum storage charge (maximum
charge for storage after 30 days):
$
$
Opening lot, after normal business, at
customer’s request:
$
$
Extraordinary Situations hourly rate,
prorated every 15 minutes:
$
$
Mileage outside a City location:
$
$
$
$
Abandoned Vehicle Towing (Private Tows):
Hourly rate, prorated every 15 minutes
7.
after first complete hour:
8.
Storage charge for each 24 hour period
or portion thereof:
$
$
9.
Maximum storage charge (maximum
charge for storage after 30 days):
$
$
10.
Opening lot, after normal business, at
customer’s request:
$
$
11.
Extraordinary situations hourly rate,
prorated every 15 minutes:
$
$
City Vehicle Towing (City Tows):
12.
Hourly rate, prorated every 15 minutes
after first complete hour:
$
$
13.
Storage charge for each 24 hour period
or portion thereof:
$
$
14.
Opening lot, after normal business, at
customer’s request:
$
$
15.
Extraordinary situations hourly rate,
prorated every 15 minutes:
$
$
$
$
Evidentiary (“HOLD”) Vehicles (City Tows):
16.
Rate per day (after initial thirty (30)
days):
COMPANY NAME:
COMPANY ADDRESS:
PHONE:
EMAIL:
AUTHORIZED SIGNATURE:
PRINT NAME:
TITLE:
D-1
CITY OF AVONDALE
ACKNOWLEDGMENT OF ADDENDA RECEIVED
REQUEST FOR PROPOSALS
ROTATIONAL TOWING SERVICES
PD 12-059
ADDENDUM No. 1
, affirms that ADDENDUM No. 1 has
(Name of Vendor/Designee)
been received and that the information contained in ADDENDUM No. 1 has been incorporated
in formulating the Vendor’s Offer.
,
Signed
2012
Date
Print Name
Title
Company Name
Address
City, State, Zip Code
This Acknowledgement and Addendum must accompany the submitted Proposal. Failure
to do so may subject the Vendor’s Proposal to disqualification.
END OF ADDENDUM No. 1
1704579.2
EXHIBIT B
TO
SERVICE AGREEMENT
BETWEEN
THE CITY OF AVONDALE
AND
GO SERVICES LLC
[Contractor’s Proposal]
See following pages.
1727681.1
CITY OF AVONDALE
POLICE DEPARTMENT
REQUEST FOR PROPOSALS FOR ROTATIONAL TOWING SERVICES SOLICITATION INFORMATION AND SELECTION SCHEDULE
Solicitation Number:
PD 12-059
Solicitation Title:
Rotational Towing Services
Release Date:
March 22, 2012
Advertisement Dates:
March 23 & 30, 2012 - West Valley View
March 22, 2012 - Arizona Business Gazette
MANDATORY
Pre-Submittal Conference:
April 2, 2012
10:00 a.m. (local time, Phoenix, Arizona)
Avondale City Hall
11465 West Civic Center Drive
Avondale, Arizona 85323
Final Date for Inquiries: . April 15, 2012
Proposal Due Date and Time: April 23, 2012
3:00 p.m. (local time, Phoenix, Arizona)
Shortlist Announced for Oral Interviews: May 1,2012
Oral Interviews (if necessary): May 7,2012
Target City Council Award Date: May 21, 2012
Anticipated Agreement Start Date: June 15, 2012
RFP Administrator: Loretta Browning [email protected]
623-333-2029
*
**
In the event that a Vendor cannot be selected based solely on Proposals submitted, Oral IntervIews may
be conducted at the City's sole discrenon
The City of Avondale reserves the right to amend the solicitation scheduie as necessar
1681883.1
CITY OF AVONDALE
SECTION A
POLICE DEPARTMENT
PD 12-059
N.
VENDOR INFORMATION FORM
By submitting a Proposal, the submitting Vendor certifies that it has reviewed the 'administrative
information and draft of the Service Agreement's terms and conditions and, if awarded the
Agreement, agrees to be bound thereto.
~10 Str~tius ,lLC.
40D1q-5L/q~
FEDERAL TAX ID NUMBER
VENDORSUBNUTTINGPROPOSAL
IDOl
0' 5(1 eJ1 .; Men'! ber
PRINTED NAME AND TITLE
AUTHORIZED SIGNATURE
611 Lf WBMekt;1t Rd
4'bD ·~M·DOL.lQ / 1-/'00- 61Z·/3?13
ADDRESS
TELEPHONE
4
Tho~r1',y f A·z 06tJt.f?
CITY
STATE
FAX #
4- 21; ,~o J1­
DATE
ZIP E-MAIL ADDRESS:
WEB SITE: --IN'--=-#-1A---.....
, _ __ fDrn.olorien
20 @
msncorn
SMALL, NUNORI1Y, DISADVANTAGED AND WOMEN-OWNED BUSINESS
ENTERPRISES (check appropriate item(s):
NIA Small Business Enterprise (SBE)
If
Minority Business Enterprise (MBE) Disadvantaged Business Enterprise (DBE) Women-Owned Business Enterprise (WBE) Has the Vendor been certified by any jurisdiction in Arizona as a minority or woman-owned
business enterprise? ~ / A
Ifyes, please provide details and documentation of the certification.
1681883.1
A-14
~Truc:Ic:
GO Tow
PO Box 2128 Tempe, AZ 85280
Phone 480-274-0043 Fax 480-522-1333
A Division of Go Services LLC
Date:
April 23 rd 2012
To:
Loretta Browning
City of Avondale
RFP Administrator
RE:
RFP Project # PD 12-059
Mrs. Browning,
Thank you for the opportunity to bid on RFP #12-059. GO Senices, LLC herein known as (GO
Tow) looks forward to providing the City of Avondale with superior service for years to come.
GO Tow uses the latest technology to service our customers. All calls that are received are
entered into the Tracker Computer Aided Dispatch Software. The calls are then immediately
electronically dispatched to one of our trucks via an AX355 mobile device and paging system, as
well as the 7520 Blackberry. All of our trucks are equipped with two-way radio systems. All GO
Tow management staff is equipped with Blackberry devices and assorted laptop computers with
wireless internet cartls. Management is available 24 hours a day 7 days a week to handle any
issues that may arise. We carry the additional communication items to ensure that all calls can be
handled in an expedited manner.
Our storage facilities are staffed by knowledgeable employee's who are bilingual. The Yards
have a 24 hours a day, seven days a week staff. All of our staff, dispatchers, and lot personnel are
experienced in handling vehicle releases and pride themselves in following all legal requirements
while maintaining a high level of customer satisfaction. Great care is taken to ensure that vehicles
are only accessible to the owner(s) or their designated agent(s) prior to the removal of any
personal property items or a vehicle release. Vehicle security and care is maintained via a
stringent program of security lot inspections and state-of-the-art security camera systems. Our
storage facilities have internet based video recording systems. In the event that the City of
Avondale would need to review any footage, we would be happy to make it available.
GO Tow is very proud of its employees. We operate in a drug free work environment and are an
equal opportunity employer.
Again, we would like to thank-you for the opportunity to bid on this contract. Please feel free to
contact me at 480-797-0891 or email [email protected] you have any questions.
Sincerely,
Thomas M. O'Brien
GO Services LLC
DBA GO Tow
'R»'VV' 'Truc:Ik
GO Tow
PO Box 2128 Tempe, AZ 85280
Phone 480-274-0043 Fax 480-522-1333
A Division of Go Services LLC
Section 1
Item B. Legal Organization
Go Services LLC. Is a limited liability company. Its sole member is Thomas M. O'Brien.
Attached are all Corporation Commission documents showing ownership of that company and the
ownership of the trade name Go Tow. The principle address of the company is 3710 W. Port
Royale Lane Phoenix, Arizona 85053. The mailing address for the company is PO Box 2128
Tempe, Arizona 85280. The local business address for Go Tow is 5724 W. Buckeye Rd Phoenix,
Arizona 85043. Go Services LLC was formed in 2011. The tax ID for Go Services LLC is 90­
0775493.
Item C. Owners of Vendor
Thomas M. O'Brien is the sole owner of Go Services LLC and the trade name Go Tow. Go Tow
will be the service provider.
Item D. Location
i,
Go Tow principle address and local work office is 5724 W. Buckeye Rd in Phoenix, AZ 85043.
Item E. General Business
Go Tow has been in business since November 2010. Its Towing Management staff average over
15 years each in the towing industry in Arizona.
Item F. Previous Contracts
None
Item G. Claims/Litigation
None
Item H. Vendor Forms
See attached
Section 2
Item A. Experience
"Wb~Truc:k
GO Tow
PO Box 2128 Tempe, AZ 85280
Phone 480-274-0043 Fax 480-522-1333
A Division of Go Services LLC
The Ownership and Management of Go Tow has been involved in the towing industry since the
1980's. Below list are previous contracts that ownership/management managed or over saw. See
attached resume for more info.
City of Phoenix
Department of Public Safety
City of Mesa
City of Tempe
Arizona State University
City of Avondale
City of Glendale
Item B. References
1. City of Mesa-Jim Ruiz
PO Box 1466 Mesa, AZ 85211
Cell: 480-644-5666
Office: 480-644-2543
Email: [email protected]
9 years in contact
2. Gilbert Police Towing Coordinator- Officer Danny Fischer
75 E. Civic Center Drive Gilbert, AZ 85295
Cell: 480-273-4586
Office: 480-635-7550
Email: [email protected]
3 years in contact
3. Salt River Police Department -Lieutenant Steve Larson
10005 E. Osborn Scottsdale, AZ 85257
Cell: 480-226-2389
Office: 480-362-7938
Email: [email protected]
9 years in contact
Item C. Current large Agreements
(i) (ii) (iii) (iv) City of Tolleson. 8350 W. Van Buren Tolleson, AZ
Chief Lawrence Rodriguez - 623-936-2717
Number of tows 240 per year.
Formally contracted yes.
a. Response time 20 minutes
b. Rotation yes
~~
"'I'1n.Ic:k
GO Tow
PO Box 2128 Tempe, AZ 85280
Phone 480-274-0043 Fax 480-522-1333
A Division of Go Services LLC
(v)
(vi)
(vii)
(viii)
c.
Area covered City of Tolleson
d.
Expires in 2017
Vehicles towed. Light, mediun, & heavy duty towing
Availability. 2417
Equipment Required. Light, medium, & heavy duty towing
Storage Facilities. Zoned correctly and within 7 miles of City of Tolleson
Section 3 Key Positions
Item A. Personnel Service Manager
Thomas O'Brien-OwnerlMember-See attached resume Service Manager for City of Avondale Cell:
480-797-0891 Email: [email protected] Dana Towing- Assistant Operations Manager 1982-1989 Eastside Towing- Operations Manager 1989-1993 Albertsons Grocery--4ssorted Management Positions 1993-2001 Shamrock TowinglFast- Assorted Management Positions 2001-2007 Auto Citi Towing- General Manager 2007-2012 Kenneth Gerspach-Operations Manager Cell:
602-390-5431 Email: [email protected] Shamrock Towing-Assorted Management Positions 1981-1993 Sun Country Towing- Owner 1993-1999 Sun Country Equipment- Owner 1999-2007 1st Class Towing- General Manager 2007-2012 Barney Caretto- Driver Foreman Barney has been in the towing industry since 1997. Michael Borge - Driver Foreman Michael has been in the towing industry since 2004. Item B. Manpower/Equipment Go Tow's Management has over 40 years of combined towing management. We have run the largest towing companies in the Valley, but we have never lost touch with the individual service requirements for each agreement. We focus on the individual Police Officer in the street or the customer whose car is broke down to make sure they are taken care of. Our number one job is to make sure the customer is happy. We currently stage 3 tow trucks in the City of Tolleson to meet -.b'WV' Truc:Ic:
GO Tow
PO Box 2128 Tempe, AZ 85280
Phone 480-274-0043 Fax 480-522-1333
A Division of Go Services LLC
their police order tows. Go Tow would stage another 2-4 trucks in the City of Avondale to meet
and exceed the required response time that are put forth within this agreement.
Item C. Subcontractors
Go Tow has purchased a medium duty wrecker to be in compliance with this agreement, but if
needed Go Tow will use Auto Citi Towing LLC and Western Towing of Phoenix for any medium
or heavy duty tows. Both companies have facilities in the West Valley and will meet all response
time requirements if called upon.
Item D. Resume
See Attached.
Section 4. Service Approach
Item A. Vendors Approach
t,
Go Tow will stage tow trucks in the City of Avondale to comply with the response time
requirements. Our call center is available 24-7. You will always get a live person. Management
is available 24-7 will additional cell numbers and email addresses as well. Our number one job is
to take care ofthe Officer on the street and the customer redeeming their vehicle. All efforts will
be placed into making this happen.
Item B. Equipment
See attached DPS and letters
Year Make
Classification
Registered Owner
2001
2004
2007
2000
Go Services LLC
Go Services LLC
Go Services LLC
Go Services LLC
Chevrolet
Ford
Ford
GMC
Flatbed Light Duty
Light Duty Wrecker
Flatbed Light Wrecker
Medium Duty Wrecker
In the process of purchasing will be available by the time of actual contract start. See attached
letter.
2007 Hino
Flatbed Light Duty
Go Services LLC
2007 Hino
Flatbed Light Duty
Go Services LLC
2007 Hino
Flatbed Light Duty
Go Services LLC
2007 Hino
Flatbed Light Duty
Go Services LLC
2008 Dodge
Light Duty Wrecker
Go Services LLC
2009 Dodge
Light Duty Wrecker
Go Services LLC
"Wb~
'Truck
GO Tow
PO Box 2128 Tempe, AZ 85280
Phone 480-274-0043 Fax 480-522-1333
A Division of Go Services LLC
Item C. Letter
See attached
Item D. Dispatching
Go Tow's dispatch center is manned 2417 with knowledgeable staff members who will quickly
answer any questions and to dispatch tow trucks to any emergency situation. The dispatch center
is staffed with a Manager to make any major decision as quickly as possible.
Item E. Heavy Duty Towing
Go Tow will use Western Towing of Phoenix to provide heavy duty towing for the City of
Avondale Tow Agreement. Go Tow will charge an hourly rate plus $8.00 a loaded mile outside
the City of Avondale.
Item F. Master Log Go Tow uses Tracker; Computer aided dispatch software. (i)
Master Log
~
~
UIb
,.......eaon
I::IIIID
"ftt'WV "'I1rucIc
GO Tow
PO Box 2128 Tempe, AZ 85280
Phone 480-274-0043 Fax 480-522-1333
A Division of Go Services LLC
Item F. Invoice (ii)
Go Tow
INVOICE
Phone: 480-274-()().43
Fax: 480-522-1333
P.O. Box 2128
Tempe, Al85280
6196
Date
Bill To:
I
CusIQmer Nome:
I
IPhone
PO#
ItO #
Member #
Policy #
I
#
•
TOWED VEHIClf INFO
#!
YIN #
Year #
IColor
IModel
l~ke
IPlaid
0d0meIer
ISlock#
Pickup AddIU$$
Drop oR Address
o Tow
DSeMce
o PDlmpouncl
OPDTow
OPPI
o Relocate
o 30 Day hold
o Retow
o Transfer
"
Comrnet'll$:
Fees:
HooIc-up Fee
$
$
$
$
$
$
$
$
$
x
x
x
x
x
x
x
x
x
x
SeMceFee
Enroule Miles
Towed Miles
labor
Storage
Fuel
GOA
0Iher
Other
I authorize
$
to fXIY Go Tow directly.
4~-ouOhori-:-~'''-Go~lGw~to-_-the:--''''''''':---!pOCi&od~'
:-:-""'-:-;de:--....t-:-~:--IO-:!odge-:- """ Go lGw
wi not I:. _,;t,Io r." """"""' ........ or in _ 0I~.. 0< 1hoIt....t,.;l not I:. ....... r." Cash 0
_ Iou or "",,-. Signo1uno ~ """"'" 01 the """'" deocribod ..hide ....t '"
~r."o1 ioo.oredcl.orgeo, 1~""".t.auIdGo lGwdoadelooolle<tllmbilil om Iinther obIigoIod 10 flOf all tecisonabIe coIedion chorgo. indI.ding eM.- ....t -..y
.
'-.I~""".$2S.00cbo.gowilbomaclecn .. ...........,cMdcs.
Credit 0
x
Check # _ _ _ _ _ _ _ _ _ __
Au1h # Driver #
AU1IlOril'ed Si~
Truck # _ _ _ __
UMmD POWia 01' An'ORNIY
By Jigning If,;, bm the ""';do _ , ", Of .... "'-"'" II"""S. I,;m;!od __ J ~ 10 Go lGw, ib __ ....t "ijO!1b en, r." !he f""l""" J toCOiving I"')'IM"f &om
.......... _
in the Ionn. J cI-ooo:b macle p<I)'CIbIo 10 the
10 the wI1icIe........,. and the shop jaOnIIy, 10 "an ~ ouIhorizoI;cn Ionn. &om the "",,,once
<XXTiof en boIdlJthe..h;do ownor, ....t Iodepaoi
payments .,., tI.o - . JGo lGw,
..n
""'"do -'''
x ~~---«~~~----------------------~~WHITE· Office
GO~
GOLD • Customer
~
"Wb~
"Truck
GO Tow
PO Box 2128 Tempe, AZ 85280
Phone 480-274-0043 Fax 480-522-1333
A Division of Go Services LLC
Item G. Notifications
Go Tow will use the Avondale Tow fonn to infonn MVD of possession of a vehicle. Go Tow
will follow all applicable State Laws. Go Tow will notify MVD between the 10-14 day of
storage on all standard tows. On all 30 day hold tows Go Tow will notify MVD on the 31 st day of
storage. Go Tow will follow all State laws per the notification process.
Item H. Storage Yard-Primary Facility
A. Go Tows storage facility is located at 5724 W. Buckeye Rd. In Phoenix. Releases are
done 8 AM to 5 PM. Monday thru Friday. Closed Weekends.
B. It is Zoned A-I heavy Industrial
C. Map see attached
D. Current capacity 50%
E. Leased see attached
F. 3 months
G. 6 foot high fence around perimeter. 4 dawn to dusk lights. Crushed asphalt most of the
yard. Large'telease window area. See attached pictures.
H. Go Tow only vendor
I. Dimensional drawing see attached
J. Photos. See attached
No secondary storage facility.
Go Tow's storage facility is located at 5724 W. Buckeye Rd in Phoenix. Go Tow has up to 3
acres of available storage available. The property has dawn to dusk lighting. It has a 6 foot high
chain link fence with razor wire on top. The facility will be manned by security personal 24
hours a day. The facility has a building and a walk in release area for customers. The facility is
zoned Al heavy industrial. The facility has a large inside storage area on it.
liwlUDllitliimiMIIW
R. CORPORA11ON COMMISSION
ALED
03620281
SEP J I 2011
fUrolJ:1Q.):J:E>-\
00 NOT WRITE ABOVE THIS LINE, FOR ACC USE ONLY
ARnCLES OF ORGANIZATION DO NOT PUBU8H
nusSECDON
NOTE: A prot'eseIonaI
~ one" this form may be used for: ~
ARIZONA uMrreo LlABIUlY COMPANY (A.R.s. t2N32)
IImIIed liability
company Is .. LlC
o
~forlhe
purpoee or rendeMg
0110 or fnOI8 C8tegoIIe8
oflicen8ed~
ARIZONA PROFESSIONAL LIMITED UABIUlY COMPANY (A-R.s. §2N41.01)
1. The name of the organization:
servtce. Pwofes8ioIIIIII
aerviCe is deIIned 81 •
aerriCe Ihat may be
lawfully I1Indered lID
by a peraon Mcensed In
eNs stal810 render the
IIII'Yk:8.
A
':"LL:-:C~Na:-:--me--:R::-eserv--atIo-=:-n-:FIIe:::-~Num--:ber-(==if-one--:h-as-:-been--obtal:-:-:ned--:~-~/f:-not'"':"'.1eaYB~--:-:Ih":'is-:li:-ne""":""!bIan~k':").----
~O SQyV\~S LUJ
B.
Umiled liability Company Name
t. The LLC name must
conIaIn IIabIIly
the " " .
"limited
company or 'Ilmllad
company" t:W !tie
abbreviations "LLC:,
2. Known place of business In Arizona (If addres$1s the same as lie sInlet addrass d 1tIe statutory
agent. write "same as staIIutlry agll'lt". DO NOT LEAVE THIS SECTION BLANK);
'l.C:, 'LLC'. or'LC'.
The PtoreasIonaI LlC
name must contain the
words 'pmfessIonal
limited IiIbIIily
company t:W !tie
abbrevlatlonls
"P.L.LC.·, "P.LC:,
"PLLC', or "PlC:
2. Must be .. Arizona
acIdnlaa. DO NOT
LBVE THlSIIECTION
Il.ANK
3. See SectIon 3 of 1tIe
Instn.dr:ns above. A
IIIduIory agent Is a
petIIOO you 8IlPQInl1hal
WOUld reoeIve lawsuit
papel'81f1he LlC If)
sued. A IIreet or
phy$ICaI address is
required even If the
statutory agent has a
P.O. Box.
The agent !lUll sign
the . .Ides or provide
'WriIen consent 10 the
appointment.
=Sm~ dk
IAdd~ll~ Wt'Ovf :=qlUt Lme
~ &¥Wli
~Wffi3 3, The name and street address of the statutory agent In Arizona:
Name " .... "
Address
I'M
J
0:] 10 .
City
' ........
'\C
I
­
,
PhOQYllX A~nce
I
l'
ZiPef)J?3
of Appqlntme.,t by Statutory Agent:
!'(IHtC n
, having been designated to act as
-I AOfC a I
a
(print name of the Slatutory Agent)
Statutory Agent. hereby consent to act in that capacity until removed or resignation
is submitted in accordance with the Arizona Revised Statute.
Agent Signature:
&7:2 If the statutory sgent is 8rl entity, please print the company name here.
Ll:0004
Rev: 0312011
Page3of4
ArIzona COrpordon CommIssIon
ConJoraIOns OM"
· .. DO NOT PUBUSH
ntI8 SEC110N
... OnIy~ror
4. Professional LLCs only - Professional Services - the Professional Limited
Liability Company will provide the following professional services:
pIOfRlIIoneIlmIIIId
IIIIIIIity COI'IIPIJIIY.
TIle proI'eaIonIl
-w.elhatlM
c:ompenyls
0fVIII'IbIId 10 I*fam
must be dHcrI!ed.
ProfetaIonaI MMce
Is defined n •
. . . . . l1atmaybe
rvndel1ld
IDII by • pe!1II.ln
~ In IhiIItIIIe
I.wfu.,
"'
........
5. Life Period of the Umited LIability Company: check one:
ClThe LLC will dissolve on --1_1
(Please enter month, day and four digit year)
MMce.
5. elltek onIF OINt
bolt. If. dIssolutIOn
. . IIJIIIated, it
8houId Int:Iud8 the
month. day .nd
year.
..."...1I111III..
oonIInuIrtg A:lr8wK or
irIdeIInIteJy.
.. CllIICk A 01' I to
Ihow 1I'hk:h
.......I1·...nt lIInICture will be
IlllPlIcable to 'fOUr
-......... ~.PrcMde
...... forllllCh
per\IOlL
8A.1f1'llUMld'"
the memben;, c:I1tadI:
the Members bCIlI
and Pl'QlVidethe
_1IFId addIVI8
of .II membel'l.
NOTE: If ....MCI to
Ow membeI'I you
C8f1I'IOt Hat any
IYNIg!Ir.
lilThe Limited Liability Company life period is Perpetual.
6. Management Structure: (check one box only) A.R.S. §29-=632(5)
A.
Cl RESERVED TO THE-MEMBERS
B.
Ea
IF RESERVEO TO'THE MEMfIERS, DON'T CtECK N« MANAGER BOl(fS.
VESTED IN ONE OR MORE MANAGERS
Nam-:nwt'Ytlr!NIT
Emir
LEAST ONE
~~~ MUST HA~ THE MANAGER BOX CHECKED.
Cl Member IS6I Manager (onlyw-a"Is saIectad above)
Addresa<r11D \~
CityrYl
omrt
Cl Member Cl Manager (artlyr"S" isselectedabcMl)
POrt ~~ale,
State.lt].;
Address:,_ _ _ _ __
Zlpe£;lfi7
Name
City.
Name~
State.
Zip: _ _
___________________________
Cl Member Cl Manager (only if"r III selected above)
Cl
Address:
Address:,_ _ _ _ _ _ _ _ _ _ __
City. ______ State, ____ Z'ip;,_ _
City,
Member
Cl Manager (only if'S"" 88Iecled abcMI)
ea. .. vested In one
or_man...,
dIedc fie Managera
box and
pnMdt
the
_
and
IICIdIess
State.
Zlp: _ _
... 'IOU IE!D MOIII' IPACI FOIt\Jll1lllG _BERlIIIWIAGI!RS I'LI!AIE ATTACHTHEADOfIIOIW. 'ACETOnE AR1ICLEt or ClllllGMlZ'ATIOIL
of iNch manager
and of each member
wflo owns alwlnly
percent (2O%)or
(II'I81ef inIIIlMt In
the eapIfaI or pdts
0( the LLCI PlLC.
7. SIgnIllln. The
penson IirgnIng III.
doo.Im.... need not
be.manllgeror
IMlllbeI'ofthe
oompany.
7. SIGNATURE
Signed on this date:
Signature:
ft:zt2
Print Name
(mmldd/yyyy).
rJcyma.s
(1 (11' Ie
11
If signing on behalf of a company, please print the company name here.
Phone Nl.I'1lber:
LL:0004
Rev: 0312011
0 " t oJ. / t+f- -.
"Col. . . ,J, l
Page4of4
.I
0 ,J. J....
Fax Number: \.I,/-f.-
MzonaCOl
~~CommIsIIon
.c-,..L l .... 13lJ.
STATE OF ARIZONA
Department of State
TRADE NAME CERTIFICATION
GO TOW
I, Ken Bennett, Secretary of State, do hereby certify that in accordance with the Trade Name Application
filed in this Office, the Trade Name herein certified has been duly registered pursuant to Section 44-10460,
Arizona Revised Statutes, In behalf of:
TOM O'BRIEN
P.O. BOX 2128 TEMPE AZ 85280­
9(712011
Application
Registration Date: 09/07/2011
Expiration Date: 9/7/2016
Date First Used: 1/15/2011
Trade Name No.: 528868
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the Great Seal of the State of Arizona. Done at Phoenix, the capitol,
this 9 day of SePtember, 2011.
TOW TRUCK INSPECTION I
CERTIFICATION REPORT
DISTRICT NO.
INSPECTION DATE.
U.S. DOTNO.:
ARIZOl'iA DEPARTMEl\1 OF PVBLIC SAFETY
2279701
0- 5
3-19-12
INTERSTATE'
INSPECTION LOCATION
25TH AVE MCDOWEL
DYes DNa
TON TRUCK COMPANY NAME:
GO TOW
CITY
PRINCIPAL BUSINESS ADDRESS.
5924 W. BUCKEYE RO
!!:lER'~r-JAMI
PHOENIX
O'BRIAN
lUIVlJ-\v
NO.'
[!] Male
D Female
001864550
TOWER INS. COMPANY OF NEW YORK
AGENCY NAME:
LOC INSURANCE SERVICE
VIOLATIONS
NO. '
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11
•
OUT OF
•
SERViCE i REPAIR ORDER
[El
A.R.S. 628·983
VIOLATION OF R13-3·101 THROUGH R-13·3.f04
LEFT AND RIGHT SIDE CRACKS ON WHEEL-LIFT ASSEMBLY
D
D
D
0
0
0
0
0
D
D
-
.
N-
,
-;-;'1/ ('...4.,;;::"...- -;-;FI' J
3-20-12
A,V'
£v'//~O
/1z
l:>~J
~~
)
.,4llSS i? D
~
(
S-S-<;?,­
./
--
' " 1.
~
('IT" The
owner I agent is responsible for securing the
renewal Inspection 30 days prior to expiration.
INSPECTING OFFICER:
I
o
BADGE NO.
5595
JAMES B BULLARD
Continued on Page 2
NOTE TO DRIVER:
This report must be furnished to the tow truck company named above. NOTE TO TOW TRUCK COMPANY: Sign the certification below within five (5) days to be in compliance with R13-3-402 and return to: Attn: Commercial VehIcle Enforcement, Tow Truck Unit
ANY VlOUnDN NDT
Arizona Department of Public Safety
CORRECTED WITHIN
FlIIE (5) DAR VOIDS X
Mall Drop No.3016
POBox 6638
1802 W. Kristy lane, #200
~.ANWVAL~. ~~________
Phoenix AZ 85005-6638
Flagstaff AZ 86001
IniUal
D
*
or
0
The Wldersigned certifies that all yiolations noted on this report have been corrected and action has been taken to assure compliance with
Arizona Tow Truck Rules and Regulations as adopted by Arizona Revised Statute §28-1108.
SignatuTe of Tow Truck Company Official
P/STRIBIITION;
Copy #1 ·OPS
Title
* Copy #2 • RETENTION IN VEHICLE (Failure to do so is NOUT OF SERVICE" *
Dl1re
Copy #3 - REPAIR CERTIFICATION
OPS 802-<J5777 (Rev 101Z0(4)
IoL
INSPECTION DATE
U.S. DOT NO.:
ARIZONA DEPARTMENT OF PUBLIC SAFET'r
TOW TRUCK INSPECTION I
CERTIFICATION REPORT
DISTRICT NO..
0- 5
3-19-12
INTERSTATE
INSPECTION LOCATION:
25TH AVE MCDOWEL
GO TOW
BUsiN
5924 W. BUCKEYE RD
DYes DNa
CITY'
PHOENIX
DRIVER'S NAME
BRITITUCKER
VIOLATIONS
o
Continued Dn Page 2
NOTE TO DRIVER:
This report
be furnished to the tow truck company named above.
NOTE TO TOW TRUCK COMPANY: Sign the certification belowwTthin five (5) days to bein compliance with R13-3-402 and retum to:
rANY------Vi--l--mA--n----ON--Ntn'----....,...------j
Attn: Commercial Vehicle Enforcement, Tow Truck Unit
CORIlIlCTED WITHIN
Arizona Department of Public Safety
FIVE (fJ} DAYS VOIDS
Mall Drop No. 3016
POBox 6638
1802 W. KristyLane, #200
THE ANNUAL PERMIT.
0
*
or
Phoenix AZ 85005~838
-
0
Flagstaff AZ 86001
The undersigned certifi~ violations noted on this report have been corrected and action has been taken to assure compliance with
Arizona Tow Truck Rules and Regulations as adopted by Arizona Revised Statute §28-1108,
SigntfUJr8 of Tow Truck Company Official
DISTRIBUTION:
Copy #1 • OPS
*
Title
Copy #2 • RETENTION IN VEHICLE (Failure to do so is "OUT OF SERVICE"
DBte
*
Copy tI3 • REPAIR CERTIFICATION
DPS 802..()6m (Rev. l0i2(04)
U.S. DOT NO.:
ARIZONA DEPARTMENT OF PUBLIC SAFETY
INSPECTION DATE:
DISTRICT NO..
4-13-12
TOW TRUCK INSPECTION I
CERTIFICATION REPORT
D-5
INSPECTION LOCATICN:
INTERSTATE
25TH AVE MCOOWEL
DYes DNo
GO TOW
ZIP CODE:
PRINCIPAL BUSINESS ADDRESS:
5724 W. BUCKEYE RO
TEMPE
AZ
85040
DRIVER'S NAME:
BRITT TUCKER
NO..
002158446
£~
The owner / agent is responsible for securing the
renewal inspection 30 days prior to expiration.
~. L
i INSPECTING OFFICER:
.. ~
X V~-\/~
Driver I
Signature
D Continued on Page 2
JAMES B BULLARD
NOTE TO DRIVER:
This report must be furnished to the tow fi'il'e'R"6Ornpany named above.
NOTE TO TOW TRUCK COMPANY: Sign the certification below within five (5) days to be in compliance with R13-3-402 and return to:
Attn: Commercial Vehicle Enforcement, Tow Truck Unit ANY VIDLATIOIIIIOT
Arizona Department or Public Safety CORRJ1t:nD WlTHIIi
FIVE (5) DAYB VOIDS X
Mail Drop No. 3018
POBox 8838
or
1802 W. Kristy Lane, #200
THSAIIIIUALPSRM/~ ~~______
Flagstaff AZ 86001
Phoenix AZ 85005-4638
inJtja/
o
*
0
The Wldersigned certifies that all violations noted on this report have been corrected and action has been taken to assure compliance with
Arizona Tow Truck Rules and Regulations as adopted by Arizona Revised Statute §28-1108.
Signature of Tow Truck Company Official
DISTRIBUTION:
Copy #1 ·OPS
Title
Date
* Copy #2 • RETENTION IN VEHICLE (Failure to do so is "OUT OF SERVICE" * Copy #3 • REPAIR CERTIFICATION
DPS 002..00777 (Rev. 1012004)
4/20/2012
To whom it may concern.
Medium wrecker Go Services, LLC.
Below is specific information confrrming the ownership of a truck that meets the State of
Arizona's requirements for medium duty wrecker (ARS 28-1007 section RI3-3-1007). This
truck was purchased on April 13, 2012 and is currently possessed by Go Services, LLC.
Year:
Make:
Model:
YIN:
GVWR:
Brakes:
Truck Chassis
2000
GMC
C7500
IGDM7HIC2YJ527723
33,000
"
AIR
Wrecker Information
Year:
2000
Century
Make:
614/ Formula III
Model:
Serial #: 0288-GOO
Boom:
14 ton
Winches: 2-15,000 #
Under lift: 10,500 #
Should you have any further question please feel free to contact me at the number listed
below.
Sincerely,
C$~..e--
Dave Payne
Synergy Truck Equipment
General Manager
602-431-2227
Thomas M. O'Brien 3710 W. Port Royale Lane Phoenix, AZ 85053 480-797-0891 Mobile 602-298-1082 Home [email protected] Work of experience:
Auto Citi Towing/SWAT Towing/1 st Class Towing! E & R Towing April 2007­
Current
.:. General Manager- Oversee all day to day operations.
•:. 4 Million In annual sales
.:. 65 Employees
.:. 23 tow truc~ 6 locations
.:. Company was doing $25000 a month in sales currently over $330000 a month
United Road Towing March 200l-April2007
... March 200l-Apri12002
.:. Night Operations Manager- Oversaw 65 employees
.. April 2002-June 2003
.:. Dispatch Center Manager-Oversaw 125 Employees
o Dispatch Center handled over 5000 phone calls a day and over 400 tows
per day
.. June 2003- April 2004 .:. Heavy Duty Fleet Manager- Oversaw 30 Employees o Created Heavy Duty Fleet Department in this time frame heavy duty
department went from $100000 per month to over $300000 in monthly
sales.
o On call 2417 to handle major accidents and customer service issues.
o Handled all United Roads DOT requirements during this time frame.
URT was audited during this time frame and was given the highest award
for its DOT standards.
~
April
2004-September 2004
+:+ Shamrock Storage Facility Manager- Oversaw 35 Employees
o Managed largest towing storage facility in the United States. 15 acres of
vehicles. Approximately 4500 cars.
.. September 2004-Apri12007
+:+ Sales Manager- Oversaw 10 Employees
o Had over 100 accounts that I managed/attained. Approximately $250000
a mortth in sales revenue.
o Account Manager for the following municipal agencies: City of Phoenix,
City of Tempe, City of Scottsdale, Department of Public Safety, Salt River
Pima Indian Reservation, Arizona State University, Qwest
Communications, Salt River Project, Southwest Gas.
o Wrote the United Road Towing response for the City of Phoenix Towing
RFP in 2005. United Road Towing awarded entire City of Phoenix Police
contract.
o Negotiated with Geico Insurance making United Road Towing the largest
Geico towing provider in the United States.
o Negotiated 50% price increases with Qwest Communications, Salt River
Project and Southwest Gas.
o Started the United Road Towing Heavy Duty Road Service & Vehicle
Repair Division. Grew this division to over $130000 a month in sales in
less than a year.
o United Road Towing Sales Person of the year 2006 13 sites nationwide
o
Albertsons Grocery Store 1993-2001 .:. Assistant Store Manager .:. Ordering, Marketing, SafelMoney handling, Customer Service, Product receiver, Health and Safety training
Eastside Towing 1990-1993 .) Family operated Business .:. Awarded the Arizona State University Towing agreement 1992 Dana Towing 1981-1989 .:. Family operated Business "
Education Dobson High School Mesa, AZ 1990-1993 Mesa Community College 1993-1995 Auto Citi Towing LLC.
*****
'lOWING
P.o. Box 41780 Mesa AZ. 85274
Phone: 480..963-4452
Fax: 480-963-8771
Friday. April 20, 2012
To:
Loretta Browning
City of Avondale
From:
Troy C. Myers
Auto Citi Towing LLC.
RE:
Truck Purchase
Mrs. Browning,
This letter is to inform you that Tom Obrien (Go Services LLC) is in the process of
purchasing several tow trucks from Auto Chi Towing LLC. Please see attached list.
This should happen within the next week or two.
2007
2007
2007
2007
2008
2009
Hino
Hino
Hino
Hino
Dodge
Dodge
"
5PVNJ8JVX72S50999
5PVNJ8JV972S51061
5PVND8JP672S50166
5PVND8JP672S50121
3D6WC66A68G 182602
3D6WC66LX9G525138
Please feel free to contact me at 602-421-8769 if you have any questions.
Sincerely,
-r~
Troy C. Myers Auto Citi Towing LLC. CITY OF AVONDALE ACKNOWLEDGMENT OF ADDENDA RECEIVED REQUEST FOR PROPOSALS
ROTATIONAL TOWING SERVICES PD 12-059 ADDENDUM No.1
d0 Ser~!'~Jo1:~y
,
affirms that ADDENDUM No.1 has
been received and that the information contained in ADDENDUM No. 1 has been incorporated
in formulating the Vendor's Offer.
Tom rfut3
O'!3riCt1
'
Sign"
0."
4I
1 ')
I /")"
2012
Print Name
MttYlDer
Title
CAo Strvi US} LLC
Company Name
5114 w. Buc~t Rd
Address
?hOCKlt~ 1 41. 0t50Lf'7
City. State, Zip Code
This Acknowledgement and Addendum must accompany the submitted Proposal. Failure
to do so may subject the Vendor's Proposal to disqualification.
END OF ADDENDUM No.1
1704579.2
EXHIBIT C
TO
SERVICE AGREEMENT
BETWEEN
THE CITY OF AVONDALE
AND
GO SERVICES LLC
[Scope of Work]
See following pages.
1727681.1
SCOPE OF WORK
1.
General. Contractor shall provide towing, storage and related Services for two (2)
categories of towing – Private Tows and City Tows, on an as-required basis, generally to be
utilized by the City on a rotational basis. If selected for Services, Contractor shall be responsible
for removal of wrecked vehicles from accident scenes, vehicles which constitute a traffic hazard,
vehicles that may be evidence of a crime, vehicles as a result of an arrest situation, vehicles for safe
keeping due to human injury resulting in the operator not being able to make a selected choice, and
any other vehicle in accordance with any ordinance of the City or laws of the State of Arizona (i.e.,
abandoned vehicles). The conditions of this Agreement shall not apply when a tow, made by a
towing company, is initiated, specified or requested by the owner or authorized agent of the owner
of the vehicle. Contractor expressly acknowledges and agrees that the City and any person whose
vehicle is to be towed shall have the right to cancel a Service request for any reason and without
fee or charge of any kind so long as the Vendor has not yet hooked up the vehicle in final
roadworthy condition for towing. The conditions of this Agreement shall not apply when a tow,
made by a towing company, is initiated, specified and requested by the driver or owner of the
vehicle to be towed. The City or driver or owner of the vehicle to be towed shall have the right to
decide which Vendor shall get the towing assignment in the event that more than one towing
company responds to the location of the vehicle to be towed or other arrangements are made for
transport of the vehicle.
2.
Categories. The categories are established based on who is liable for payment to
the Contractor, as described below in this Scope of Work. All specific types of towing described
below shall be initiated upon the request of the City of Avondale Police Department (the
“Department”), or authorized designee. The categories are further described as follows:
2.1
Private Tows.
A.
Towing and storage of wrecked vehicles involved in motor vehicle
accidents, including accident scene clean-up as described in this Scope of Work.
B.
Towing and storage of improperly parked vehicles, abandoned
vehicles, vehicles that obstruct or impede the flow of traffic or obstruct emergency lanes,
walkways, handicapped parking spaces or otherwise constitute a traffic hazard.
C.
Towing and storage of commercial trucks, vans or other heavy
vehicles.
D.
Towing and storage of vehicles when towing is mandated by ARIZ.
REV. STAT. § 28-3511 or other applicable law.
E.
Towing and storage of any vehicle for such other purpose as the
Department may determine, in its sole discretion.
1727681.1
C-1
2.2
City Tows.
A.
Towing and storage of vehicles for evidentiary or investigative
purposes, as determined by the Department and requested or required in writing by the
Department.
B.
Towing and storage of City-owned vehicles. City-owned vehicles
must be towed to a location of the City’s or Department’s choosing.
3.
Cancellation of Tow Service. After receiving a request for towing service, such
request may be canceled at any time by the Department, the owner, or authorized agent of the
owner of the vehicle requested to be towed. Such request may be made for any reason and without
fee or charge of any kind so long as the Contractor has not yet hooked up the vehicle and secured
the vehicle in final roadworthy condition for towing. If such request for cancellation is made
subsequent to the Contractor’s equipment being physically attached to the vehicle and the vehicle
being secured in final roadworthy condition for towing, then the Contractor shall be allowed to
charge for an attachment (hook-up) service even if, for any reason, said vehicle is not actually
towed.
4.
Officer Authority. Investigating Department officers in the field, or their
supervisors, shall make all decisions in relation to towing of vehicles in accordance with the
contract. The Department may use wreckers not owned or maintained by Contactor to clear the
scene of any accident if, at the discretion of the investigating Department officer, it is necessary to
do so to avoid endangering life or to avoid injury to any person or persons, and where conditions
preclude waiting for Contractor’s services. However, this does not authorize any other towing
service to tow any vehicle from the scene of the accident without the express request of the driver,
vehicle owner, vehicle owner’s authorized agent or the officer in charge.
5.
Statutory Compliance. Contractor shall submit all necessary reports to the Arizona
Department of Transportation and the Department in accordance with ARIZ. REV. STAT. § 28-4836,
28-4838 and 28-4840.
6.
Equipment. Contractor shall provide the following:
6.1
Sufficient tow trucks to service the City, one of which shall be classified as
a medium duty tow truck as determined by a current inspection and certification by Arizona
Department of Public Safety (“DPS”). The balance of Contractor’s tow trucks may be light tow
trucks which have been so inspected and certified by DPS. The Contractor shall provide, either
with its own equipment or by agreement with another entity, a heavy duty tow truck within one
hour of the request for such vehicle. Contractor shall ensure that not less than two “flatbed
variety” tow trucks are available for service in the City at all times. Tow trucks shall have the
Contractor’s name painted in three-inch minimum letters on the sides of each vehicle in service
and shall display the DPS inspection seal. Contractor shall maintain all current State and City
licenses for the operation of its business, and shall provide proof of inspection and appropriate
certification through DPS upon request.
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6.2
Sufficient, qualified equipment for operation of the tow service to
adequately handle the volume and variety of anticipated calls. All tow trucks in service under the
Agreement shall be equipped with the proper complement of dollies, chains, slings, bumpers and
other equipment necessary to prevent damage to towed vehicles. Tow trucks shall also be
equipped with brooms, shovels, sand and other necessary equipment to clean up accident scenes.
6.3
A two-way radio system with 24-hour dispatching for all tow trucks.
6.4
Contractor shall be responsible for all vehicle repair and maintenance
necessary to keep the tow trucks and other vehicles used in carrying out this Agreement in safe and
efficient operating condition. All such vehicles shall be equipped, maintained and operated in
accordance with the laws of the State of Arizona and rules and regulations of DPS.
7.
Vehicle Storage Facility(ies).
7.1
Vehicles towed under this Agreement shall not be stored at any location
other than as recorded with and approved in writing by the City (each, a “Storage Facility”).
7.2
Contractor shall provide a Storage Facility that is a fenced, lighted storage
area, with a secure fence at least six feet in height which provides adequate security. The Storage
Facility shall be appropriately zoned, located no farther than a ten miles driving distance from
Avondale City Hall. The Storage Facility shall have adequate space available to accommodate the
estimated volume. In addition, the Contractor shall display an appropriate sign with the proper
name of the business and the address shall also be visible from the public street. It also shall have
a business office, suitable for conducting business with customers and record retention shall be
provided on site.
Note: Driving distance shall be calculated based on Internet Mapping tools (i.e.
Mapquest), using the City of Avondale City Hall address to the location of the storage facility.
7.3
The Storage Facility shall be locked when unattended. Contractor shall be
responsible for the safekeeping of vehicles towed and for items left in the vehicles stored.
7.4
Contractor’s Storage Facility shall have a segregated area of the facility for
the storage of vehicles designated as “HOLDS” by the Department. This area shall provide a room
or series of rooms that will allow for the processing of “HOLD” vehicles. The room(s) shall be
able to accommodate up to a crew cab, long wheel base pickup truck. The room(s) shall protect
the “HOLDS” from the elements and shall have lighting such that the room can be darkened for
processing by the Department’s Crime Laboratory personnel. Only Department personnel shall be
permitted access to the vehicles in this portion of the Storage Facility.
8.
Personnel.
8.1
Contractor shall have available sufficient qualified personnel for the
operation of the required tow trucks. Each driver shall have a driver’s license class and
endorsements as appropriate for the size and class of vehicle. All drivers shall carry business
cards.
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8.2
Contractor shall hire, train and supervise all drivers in accordance with the
laws of the State of Arizona and rules and regulations of DPS.
8.3
All drivers shall operate the tow trucks in a safe and prudent manner and
shall refrain from the use of alcoholic beverages as outlined in Title 28 and Title 4 of the Arizona
Revised Statutes.
9.
Business Hours.
9.1
Contractor shall staff its vehicle storage facility during normal business
hours for the purpose of vehicle release or appraisal. Contractor shall have a telephone answering
machine or automated system to receive customer phone calls when the business office is vacant or
if it is after business hours. “Normal business hours” are defined as 8 a.m. to 5 p.m., except
Saturdays, Sundays and the following holidays: New Year’s Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving and Christmas Day. At all times, Contractor shall have a telephone
number prominently posted on his/her Storage Facility for after-hours release of vehicles and
Contractor shall provide for after-hour release of vehicles.
9.2
Contractor shall provide the Services 24 hours per day, every day of the
year. If the Storage Facility is opened for vehicle removal by a customer during other than normal
business hours, the price shall be a flat rate fee.
10.
City Boundaries. Any reference in this Agreement to the geographical boundaries
of the City, any use of the phrase “within City”, or similar terms shall in all respects be deemed to
refer to the geographical area lying within the corporate boundaries of the City such as those
boundaries may be changed from time to time during the term of this Agreement. Notwithstanding
the foregoing, the response time requirements of this Agreement shall not apply (i) to any real
property incorporated into City after execution of this Agreement by the incorporation and (ii) to
that portion of the City lying south of the Estrella Mountains.
11.
Hourly Rate for Abandoned and Non-abandoned Vehicles.
11.1 All charges for towing services shall be based on the stated hourly rate, with
a separate fee schedule for City-owned vehicles. Towing services include, but are not limited to,
the following:
A.
Travel time to and from scene/service site (anywhere in State of
B.
Hook-up.
C.
Dollies.
D.
Winching.
E.
Stand-by time.
Arizona).
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F.
Change tire(s).
G.
Drop drive line.
H.
Flatbed use.
I.
Towing to a location at owner’s request.
J.
Site clean-up.
K.
Other services not mentioned.
11.2 No charges shall be imposed for time expended in preparation of any report
required by any provision of Title 28, ARIZ. REV. STAT. The hourly rate may be charged beginning
at time of dispatch and ending at the time the vehicle is off hook at the Storage Facility. Any
subsequent charges after the first hour shall be imposed after the expiration of each 15 minute (1/4
hour) period or portion thereof.
11.3 In the event dispatched equipment is not appropriate, there shall be no
charge by Contractor for the equipment initially dispatched. In addition, provided the Contractor is
properly notified by the Department of vehicle sizes and or conditions, the response time (for
tracking purposes only) will still begin from the time of original notification by the City.
Equipment subsequently dispatched which performs the tow shall charge its established hourly
rate, beginning at dispatch and ending at time the vehicle is off hook at the Storage Facility.
12.
Storage Charges.
12.1 Storage charges may only be imposed for each 24-hour period or portion
thereof for which towed vehicle remains in Contractor’s Storage Facility. The 24-hour period
begins for each vehicle at the time the vehicle is off hook at the Storage Facility. There shall be no
additional charge or fee imposed for the Services provided while the vehicle is in storage at the
Storage Facility. The storage charge shall include:
A.
24-hour storage periods.
B.
Customer, customer’s agent or insurance company access to the
C.
Movement of the vehicle within the yard.
vehicle.
12.2 The Contractor may, with the prior, written authorization of the customer,
make a minor repair to make the vehicle drivable. In the event that a customer-authorized repair is
completed by the Contractor, a line item listing of repair service and agreed upon cost shall appear
on the invoice.
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12.3 With respect to each vehicle towed under this Agreement, this Agreement is
in effect until the insurance company, customer or customer’s agent takes possession of the vehicle
or Contractor is instructed by customer or customer’s agent to tow the vehicle to another location
or until Contractor takes title by reason of abandonment. Contractor shall have sufficient
equipment and personnel at the Storage Facility to promptly complete the invoicing and payment
process and release the vehicle upon the owner’s or agent’s initial appearance to claim the vehicle.
13.
Response Time.
13.1 The Department dispatcher will endeavor to provide the Contractor a
general description of the vehicle to be towed with as much information as reasonably available at
the time of the call (e.g. manufacturer’s name, model, year and license number). However,
Contractor acknowledges and agrees that there may be occasions where such information will
not be available, for example, if a vehicle is burned or submerged in water.
13.2 Upon receiving a telephone request for towing or flat tire service,
Contractor shall be responsible for dispatching its own trucks. The City may request separate tow
trucks in specific situations.
13.3
Contractor shall respond and arrive at the service site within the following
time limits:
A.
Twenty minutes from receipt of a request for tow or flat tire service
within the boundaries of the City, including county island areas surrounded by the City
Boundaries.
B.
One hour from receipt of a request in those portions of the City lying
south of the Estrella Mountains and those areas south of the Estrella Mountains incorporated after
the execution of this Agreement.
C.
Phoenix metropolitan area.
One hour from receipt of a request outside of the City, but within the
D.
Within a reasonable length of time, not to exceed 24 hours, from
receipt of a request for tow located outside of the above areas, but within the State.
13.4 Contractor shall provide the Department with a single, 24-hour telephone
number for requests for towing and flat tire service. Contractor shall notify the Department
dispatcher immediately when the response time limits set forth in this Agreement cannot be met.
13.5 In any instance, if the Contractor is unable to be contacted, fails to respond
after acknowledging a call, fails to respond within the allotted time, or is unable to respond for any
reason, that Contractor will lose the tow and be placed at the bottom of the rotation list. If such
circumstances become a recurring problem, the Contractor may face suspension or removal from
the rotation list.
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13.6 The City may conduct response time evaluations to determine compliance.
Response time shall be calculated from the time the City completes its notification to Contractor of
a request for service to the time the Contractor arrives at the scene of the request for service. Upon
request by the City, Contractor shall prepare a written explanation for any incident in which the
response time requirements of this Agreement are not met. The Contractor’s explanation shall
include a full discussion of the circumstances of the incident and any corrective action required to
comply with the provisions of the Agreement during the remainder of the term of Agreement. In
addition to the foregoing, the City may, in its discretion, periodically conduct surveys to determine
level of public satisfaction with towing service rendered pursuant to this Agreement. Contractor
may be allowed an opportunity to respond to any unfavorable responses from users.
14.
Evidentiary (“HOLD”) Vehicles.
14.1 The City reserves the right to impound in the Contractor’s Storage Facility
or into City-owned storage areas any vehicle required for evidence in traffic violations or other
legal actions requiring such evidence.
14.2 Upon request of an officer, investigator or an authorized agent of the City,
the Contractor shall not release any vehicle that is held for evidentiary information as indicated in
ARIZ. REV. STAT. § 28-872 (E). The authorized person of the Department will indicate this
evidentiary hold by requesting that a “HOLD” be placed on the vehicle. During this “HOLD”
time, no one shall enter or disturb the vehicle being held unless they are an authorized person of the
Department. Once a “HOLD” has been placed on a vehicle, the Contractor shall contact and
inform the Police Department Tow Liaison (Agreement Administrator) as soon as possible on the
following business day. Such vehicles will not be released until the Contractor receives
authorization by the Department. Permission to release will not be required for any vehicle that is
routinely towed from an accident scene if Contractor is satisfied that it is being released to the
owner or his authorized agent.
14.3 The City reserves the right to remove “HOLD” vehicles from Contractor’s
storage facility at any time.
14.4
15.
Storage rates for evidentiary vehicles shall be indicated on the Pricing sheet.
Records.
15.1 The Contractor shall maintain a master log of all vehicles towed and a
record of each vehicle towed under this Agreement showing the following:
A.
Location where the vehicle was picked up.
B.
Location where the vehicle was taken.
C.
Date and time of the pick-up.
D.
Make, model, color and year of vehicle.
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E.
License plate number and state issue.
F.
Vehicle identification number.
G.
Name of individual that vehicle was released to.
H.
Notice of charges.
I.
Identity of Contractor’s driver providing towing service.
J.
Detail of all services and related charges assessed on the vehicle,
including any owner/agent requested services.
15.2 Contractor shall maintain a record (whether electronically or manually) that
is easily separated from all other records the Contractor may keep of each vehicle towed under this
Agreement. The customer record file is to include the master log, signed invoice and service fee
listing and shall be maintained alphabetically by last name or the Vehicle Identification Number.
16.
Storage of Vehicles. Vehicles shall not be removed from the Storage Facility to
which the vehicle is first towed unless it is (A) claimed by the owner or (B) the owner or owner’s
authorized agent directs that it be moved to another location. As set forth in subsection 14.2 above,
no vehicle designated as a “HOLD” vehicle by the Department shall be moved from the Storage
Facility without the Department’s prior, written authorization.
17.
Destination.
17.1 Towed vehicles shall be taken directly to Contractor’s Storage Facility or
the approved Avondale Police Evidence Storage yard, unless Contractor is advised differently by
the Department, or the owner/driver of the vehicle; provided, however, that any vehicle designated
as a “HOLD” vehicle shall be towed to Avondale Police Evidence Storage Yard unless otherwise
directed by the Department. Any tow requested by the City or customer to a location other than
the Storage Facility, but within the City limits, shall be towed at the rate as set forth in the Price
Sheet attached as Exhibit D to this Agreement.
17.2 Any tow requested by the customer to a location out of the Avondale city
limits (other than Contractor’s Storage Facility) shall be towed at the rate to the City limit. Beyond
that point, Contractor shall provide the service at a fixed rate per mile.
18.
Site Cleanup.
18.1
Site cleanup on all tows under this Agreement is mandatory.
18.2 The Contractor’s tow truck driver shall clean the scene of all debris, glass,
oil, vehicle parts or other road hazards present at the collision scene using the complement of
equipment and tools as required above.
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18.3
Site cleanup shall be performed prior to towing the vehicle(s) from the
scene.
18.4 The tow driver shall not depart from the scene unless he/she receives
approval from a Department employee at the scene.
18.5
Section 23 below.
19.
Site cleanup does not constitute an “extraordinary situation” as set forth in
Towing (Non-Abandoned Vehicles).
19.1 A citizen whose vehicle is disabled or who has been arrested has the options
of (A) using the Contractor’s Services, (B) using the services of any other towing operator or (C)
using any other form of tow service.
19.2 The City of does not guarantee that a minimum number of non-abandoned
vehicle tows will occur. Contractor should be aware that the tow service will be used on an “as
needed” basis. The only assurance the City makes is that if the citizen does not request a specific
towing service, the next Contractor in the rotation of the rotation list will be called by the
Department.
19.3
It is estimated that the following percentage of calls will be made:
A.
95% - 8,000 pounds or under gross vehicle weight
B.
5% - Over 8,000 pounds gross vehicle weight, but under 18,000
19.4 In addition, it is estimated that approximately 63% of all calls occur during
the night or weekend hours and 37% occur during the daylight hours. Actual experience may vary
from these figures and City does not guarantee that a minimum number of tows will occur or that
they will occur in any ratio when comparing one time versus another.
19.5 For all vehicles held by Contractor pursuant to ARIZ. REV. STAT. § 28-3511,
et seq., Contractor shall not release the vehicles to any person or entity without receiving a signed
authorization for release from the Department. Contractor shall be required to pay the Department
a $150.00 fee should they release the vehicle without the prior written authorization of the
Department.
19.6 Contractor shall not begin the abandoned title process on a vehicle, with a
30 day hold pursuant to ARIZ. REV. STAT. § 28-3511, to take ownership of an impounded vehicle
until on or after the thirty first (31) day in which Contractor has retained possession. Prior to
obtaining ownership of any towed vehicle, Contractor shall obtain a vehicle release form the
Department.
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20.
Towing (Abandoned Vehicles).
20.1 Abandoned vehicles are to be towed immediately if the vehicle is a traffic
hazard. If the vehicle is not a hazard, it will be marked by Department and the owner will be
allowed 48 hours from the time of tagging to move the vehicle. Vehicles may then be declared
abandoned by the City and subject to removal by towing to the Contractor’s Storage Facility or
impound area. The City does not guarantee a minimum number of abandoned vehicle tows during
the term of this Agreement.
20.2
The City does not guarantee a minimum recovery rate.
20.3 Contractor may notify the Avondale Police Department, Patrol Division
Supervisor, at 11485 West Civic Center Drive, Avondale, Arizona 85323, in writing with full
description, as contained on Impound Notice, of cars noted tagged as abandoned for which no
notification to haul has been received after 48 hours. The Department will be the sole judge of any
impounding error.
20.4 Contractor shall remit to the Department, Attention: Towing Contract
Administrator, on a monthly basis, a report of all vehicles for which they have filed for an
abandoned title.
20.5 Reports, at minimum, shall list the Avondale Police DR Number (when
removed by Department request), the date of tow, type of vehicle, license number, color, vehicle
identification number and the date the application for abandonment was sent to the Arizona
Department of Transportation Motor Vehicle Division.
20.6 Contractor shall report in writing to the Avondale Police Department,
ATTN: Towing Contract Administrator, every 14 days of any vehicles that the Department has
towed as evidence and/or has placed in “HOLD” status.
21.
Notice of Prices.
21.1 Notice to persons receiving towing and storage service under this
Agreement will be provided in one of two ways:
A.
By the City: Avondale police officers and/or collision investigators
may deliver to the person in charge of the vehicle, a copy of the prices authorized in this
Agreement. Contractor shall provide a printed list of prices authorized in this Agreement to the
designated City Representative.
B.
By the Contractor: One invoice listing separately all services
performed and their individual cost, is to be signed by customer and a copy issued when vehicle is
released. The customer is to receive a copy of the Price Sheet and a copy of the signed Price Sheet
shall be maintained in the customer record file with the invoice. The service fees appearing on the
invoice are to be described and priced in the same manner as they appear on the Price Sheet.
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21.2 Contractor shall provide all customers with a single invoice, which shall be
signed by the customer, containing the entire cost of the towing services. The fees listed on the
invoice are the only fees that may be charged for each tow, including all towing services from
dispatch, towing storage and physical release of the vehicle from the Storage Facility. All prices
are not to exceed stated amounts on Price Sheet or include any additional costs not listed on the
Price Sheet. The invoice shall also include:
A.
Date and time vehicle is released.
B.
Name of towing firm to which vehicle is released from the Storage
C.
Name of the towing firm’s insurance company.
Facility.
22.
Heavy Duty Vehicles. A commercially reasonable price may be imposed for
towing or storage of vehicles in excess of 18,000 GVW. Because of the infrequent occurrence of
the towing and storage of these heavy vehicles, no listing of charges is necessary.
23.
Extraordinary Situations. Extraordinary situations shall be defined as mountainside
vehicles, vehicles in lakes, canals, or pools, or vehicles in desert areas requiring a four wheel drive
tow truck or special equipment. Extraordinary situations charges shall be pro-rated in 15 minute
increments and shall only encompass the time spent on recovery of the vehicle to a towable
position. Extraordinary situations shall be determined by the police officer at the scene.
Contractor shall not initiate a request for an extraordinary situations tow.
24.
Billings and Payments.
24.1 Costs for Services provided under this Agreement will be paid directly to
the Contractor by the individual(s) receiving the Service. The City will not be responsible for nonpayment of bills for towing services tendered to (A) the individuals whose vehicles are towed for
any reason or (B) owners of abandoned vehicles. For citizen’s convenience, Contractor shall
accept as a method of payment, cash and credit cards. Contractor may, but is not obligated to,
accept checks for payment. Acceptance of this form of payment shall be without liability to the
City for checks returned to Contractor for non-payment or insufficient funds.
24.2 Costs for the towing of impound vehicles requiring the Contractor to tow to
a City-owned storage area, shall be paid to the Contractor by the City. Contractor shall submit an
invoice to the City for tows of City-owned vehicles. The City shall pay the Contractor monthly,
based upon work performed and completion to date, and upon submission of invoices. All
invoices shall document and itemize all work completed to date. The invoice statement shall
include a record of time expended and work performed in sufficient detail to justify payment.
25.
Solicitation of Repair Business for Vehicles Towed. Contractor shall not solicit
business for any vehicle repair shop(s) prior to or during the towing process pursuant to this
Agreement. The towing process is deemed completed when the vehicle has been towed and is
“off-hook.”
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26.
Assigns and Subcontracts.
26.1 Proposals submitted with the intention to subcontract with another towing
company, will only be considered if (A) the number of subcontractors is limited to one firm, (B)
the Contractor identifies that subcontractor as part of its proposal, (C) the Contractor’s listed
subcontractor is not listed by any other Contractor(s) responding to the RFP, (D) the listed
subcontractor has not submitted a separate response to the RFP and (E) all drivers the
subcontractor intends to use/supply are certified by the subcontractor to be employees (not
independent contractors) of the subcontractor and each driver shall be (A) individually listed in
the certificate of insurance as covered by the subcontractor’s general liability insurance policy and
(B) individually identified in the Proposal/Agreement.
26.2 All drivers used/supplied by the Contractor, unless the Proposal is submitted
with the intent to subcontract with another towing company, shall be employees of the Contractor,
each driver shall be individually identified in the Proposal, and the certificate of insurance shall
individually list each driver as covered by the Contractor’s general liability insurance policy.
26.3 Any subcontract for towing equipment and services shall include all the
terms and conditions set forth herein which shall apply with equal force to the subcontractor, as if
the subcontractor were the City’s Contractor. The Contractor is ultimately responsible for
performance under the Agreement and compliance, whether or not a subcontractor is used.
26.4 If the Contractor submits a Proposal as a joint venture, the joint venture
agreement itself is not considered to be a Contractor/subcontractor arrangement. There shall be no
assignment, subletting, or transfer of the interests of the Contractor in any of the work covered by
the Agreement without the written consent of the City. In the event the City gives such consent,
the terms and conditions of the Agreement shall apply to and bind the party or parties to whom
such work is consigned, sublet or transferred.
26.5 Any attempted assignment, subletting or transfer of the interests of the
Contractor either in whole or in part, without such consent, shall be null and void and in such
event, the City will have the right to immediately terminate the Agreement.
26.6 This Section 26 does not apply to Services with respect to heavy duty tow
trucks (>18,000 lbs. GVW).
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EXHIBIT D
TO
SERVICE AGREEMENT
BETWEEN
THE CITY OF AVONDALE
AND
GO SERVICES LLC
[Fee Proposal]
See following page.
1727681.1