DPS_Evidentiary_Tow_Services_RFP.pdf

Request for Proposal Section 1

TABLE OF CONTENTS Arizona Department of Public Safety 2102 W. Encanto Blvd.

Phoenix, Arizona 85009 SOLICITATION NO.: ADPS18-00007855 Page

1 of 37 DPS Evidentiary Towing Services

SOLICITATION DOCUMENTS SECTIONS PAGE

Table of Contents 1 1

Scope of Work/Specifications 2 2

Special Terms and Conditions 3 8

Uniform Terms and Conditions 4 16

Uniform Instructions to Offerors 5 24

Special Instructions to Offerors 6 29

ProcureAZ Technical Instructions to Offerors 7 34

ProcureAZ Terms/Definitions 8 36

SOLICITATION ATTACHMENTS ATTACHMENTS

Offer and Acceptance A

Business Presences B

Vehicle Storage Facility Inspection C

Tow Truck Resources D

Personnel Resources E

Administrative Requirements F

Participation in Boycott of Israel Declaration G

EXHIBITS EXHIBIT NO.

DPS Tow Services Rate Sheet A

Tow Service Areas B

Quick Reference Guide - Responding to Solicitations C

Section 2

Scope of Work/Specifications Arizona Department of Public Safety 2102 W. Encanto Blvd.

Phoenix, Arizona 85009 SOLICITATION NO.: ADPS18-00007855 Page

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1. Purpose: DPS seeks to enter into a fixed price term type contract with a qualified firm to provide evidentiary towing services in accordance with terms, conditions, scope of work/specifications, for the price(s) offered herein on Attachment B Price Sheet.

2. Service Areas: All Arizona Interstate, US Routes and State Routes patrolled by DPS are included in the scope of this contract. DPS will endeavor to select tow firms nearest to tow areas they can serve in a timely manner.

Detailed boundaries are listed in Exhibit B – Tow Service Areas.

3. Specifications:

3.1. Common Ownership Interest: Pursuant to A. R. S. §41-1830.51, a towing firm may only have one contractual agreement with DPS per geographic towing area. Additionally, if an owner of a towing firm, has a common ownership interest in another towing firm or the assets, or shared use of the assets, of another towing firm, the owner may not participate in more than one application for a contractual agreement within the same geographic towing area for that application. If towing companies share any employees or staff, the companies shall be considered as one company for purposes of the rotation list in the geographically contracted tow area.

3.2. Acquisition of Another DPS Towing Firm: As provided in A. R. S. § 41-1830.51, if a towing firm that has an agreement with DPS acquires another towing firm that has an agreement with DPS, both agreements will remain valid for one year after the date of the acquisition. At the end of the one year period the agreements shall be treated as being one. The acquired towing firm’s agreement shall be terminated. DPS District Commander shall be notified in writing within 30 days of all acquisitions made under this provision.

3.3. Sale of the DPS towing firm to a non-DPS towing firm: If a towing firm under agreement sells to a towing firm not under agreement with DPS, this agreement is immediately terminated. DPS District Commander shall be notified in writing within 30 days of all tow firm sales.

3.3.1. The new owner may sign a contract at any time during the remainder of the previous owner’s contract term. The new owner is subject to passing DPS inspections and meeting the requirements of the contract.

3.4. Name changes for towing firms: If a towing firm expresses interest in changing the towing firm name during an agreement, notice must be given in writing to the DPS Procurement Office on towing firm letterhead within 30 days of the name change. DPS Procurement will issue an amendment to this contract for all name changes.

3.5. Compliance with Arizona Administrative Code (“A.A.C.”) Title 13, Chapter 3: Towing firm shall be in, and maintain, compliance with all sections of Arizona Administrative Code (“A.A.C.) articles 7 through 13 and/or any revisions, deletions or additions thereto that may be incorporated by the state, during towing firm’s day to day business operations and when performing all work under the agreement. Full text versions of all towing related administrative rules are available via download at https://www.azsos.gov/rules/arizona-administrative-code.

3.5.1. Failure by towing firm to have and maintain compliance with all applicable sections of A.A.C. articles 7 through 13 and/or other Terms and Conditions of this agreement, and maximum allowable rates/pricing covered in the agreement is a violation of the agreement. Any such action is subject to all legal and contractual remedies available to the State inclusive of, but not limited to, agreement termination, suspension, and/or debarment of the towing firm.

3.6. Responsibility and Susceptibility: The State will consider, but is not limited to, the following in determining a towing firm’s responsibility as well as susceptibility to agreement signing:

Scope of Work/Specifications Arizona Department of Public Safety 2102 W. Encanto Blvd.

Phoenix, Arizona 85009 SOLICITATION NO.: ADPS18-00007855 Page

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3.6.1. Whether the towing firm has had a contract within the last five (5) years that was terminated for cause due to breach or similar failure to comply with the terms of the contract;

3.6.2. Whether the towing firm record of performance includes factual evidence of failure to satisfy the terms of the towing firm’s agreements with any party to a contract. Factual evidence may consist of documented vendor performance reports, customer complaints and/or negative references;

3.6.3. Whether the towing firm is legally qualified to contract with the State;

3.6.4. Whether the towing firm promptly supplied all requested information concerning its responsibility;

3.6.5. Whether the towing firm documentation was sufficient to permit evaluation by the State, in accordance with the attachments or other necessary contract components. Necessary components include:

attachments, documents or forms to be submitted with the agreement, an indication of the intent to be bound, references, experience verification, adequacy of financial, business, personal or other resources and stability including subcontractors and any other data specifically requested in the contract.

3.6.6. Whether the towing firm provides misleading or inaccurate information.

3.7. Subcontracting: The towing firm shall not enter into any Subcontract under this contract for the performance of this agreement without prior approval from the District Commander or designee. If towing firm is unable to respond to a DPS initiated dispatch call, towing firm shall not delegate or assign their DPS initiated dispatch call for towing services to another towing firm to perform the scheduled tow.

3.7.1. District Commander or DPS scene manager may allow a towing firm to use additional resources from another towing firm or equipment company if DPS deems the use of those additional resources is necessary for traffic incident management. If multiple tow firms are used at a scene, towed vehicles shall only be delivered to the storage facility of the dispatched tow firm of record.

3.8. Tow Truck Company & Tow Truck Inspection Applications: Contractor shall have and maintain at its place of business, complete and approved DPS Tow Truck Company Registration Application form; #802-07004 for its company and DPS Tow Truck Inspection application form #802-07068-F for all tow trucks used during its day to day business operations and when performing work under the contract. Application forms are available via download at www.azdps.gov in the commercial vehicle enforcement area of the enforcement services section. Signature of applicant on DPS approved form #802-07004 and #802-07068-F shall expressly:

3.8.1. Attest to the fact that all supplied information is true and accurate;

3.8.2. Agree to comply with the rules and regulations for the design and operation of tow trucks as adopted by DPS;

3.8.3. Certify that operators of vehicles shall be competent by reason of experience or by training in the recovery and towing of vehicles as prescribed in the aforementioned rules and regulations;

3.8.4. Agree that operators are required to adhere to any pertinent state or federal motor carrier regulations.

3.9. Tow Trucks: Contractor shall have and maintain its tow truck(s) in accordance with all applicable sections of A.A.C. Title 13, articles 8 & 9 and/or any revisions, additions or deletions thereto that may be incorporated by the state during its day to day business operations and when performing work under the contract. Full text versions of tow truck specifications/requirements are available via download at www.azsos.gov in the Arizona Administrative Rules section. Contractor’s tow trucks shall also:

3.9.1. Have completed DPS tow truck inspection applications on file with DPS;

3.9.2. Have identification requirements that are not interchangeable from one tow truck to another tow truck

(i.e. use of temporary and/or magnetic type identifications are expressly prohibited);

3.9.3. Be properly maintained, mechanically sound and roadworthy;

Scope of Work/Specifications Arizona Department of Public Safety 2102 W. Encanto Blvd.

Phoenix, Arizona 85009 SOLICITATION NO.: ADPS18-00007855 Page

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3.9.4. Have adequate supplies of road safety devices (i.e. safety flares, lights, reflective highway stands, etc.);

3.9.5. Be equipped with jack stands and tire sliding devices;

3.9.6. Be equipped with sufficient safety and ancillary equipment, i.e. chains, slings, bumpers, snatch blocks, brooms, shovels, sand buckets and/or containers for carrying trash, vehicle debris, etc., required to safely clear vehicles and prepare them for towing to Contractor’s nearest storage facility, and to perform all required “on scene” site clean-up services; and

3.9.7. Be equipped with motorcycle tie down straps (rollback and/or tilt bed trucks).

3.10. Tow Truck(s), Additions: Contractor may request the addition of newly acquired tow trucks to be used under the contract at any time during the contract period. All requests shall be made in writing on company letterhead and submitted to the DPS District Commander or authorized designee for review and disposition.

Requests shall, at a minimum include:

3.10.1. The proposed tow truck’s make, model number and year;

3.10.2. Confirmation that DPS tow truck inspection application form #802-07068-F is on file at DPS for the proposed tow truck(s);

3.10.3. Confirmation that the proposed tow truck meets or exceeds section 3, Scope of Work/Specification paragraph Tow Trucks; and

3.10.4. Approval or denial of requests shall be made by the DPS District Commander or authorized designee.

3.11. Tow Truck Drivers (“agents”): All tow truck drivers (“agents”) utilized by the Contractor shall be in, and maintain, compliance with all applicable sections of A.A.C. Title 13, article 12 and/or any revisions, additions or deletions thereto that may be incorporated by the State during the Contractors day-to-day business operations and when performing work under the contract. A full text version of the Arizona Administrative Code is available via download at www.azsos.gov in the Arizona Administrative Rules section.

3.11.1. Tow truck drivers (“agents”) utilized by the Contractor shall also either have completed or will complete a four-hour block of training entitled SHRP2 Traffic Incident Management Responder Training, within six months after contract award and/or within three months of the date the individual tow truck driver (“agent”) starts to perform work under the contract. SHRP2 training is available through DPS and other Federal Highway Administration (“FHWA”) qualified instructors. Tow truck drivers (“agents”) having completed the SHRP2 training prior to contract award or prior to performing work under the contract shall not be required to re-complete the training.

3.12. Tow Truck Drivers (“agents”) Additions: Contractor may request the addition of new tow truck drivers

(“agents”) to be used to perform work under the contract at any time during the contract period. All requests shall be made in writing on company letterhead and submitted to the DPS District Commander or authorized designee for review and disposition. Requests shall, at a minimum include:

3.12.1. Driver license information for the proposed tow truck drivers (“agents”); and

3.12.2. Confirmation that proposed tow truck drivers (“agents”) meet or exceeds section 3, Scope of

Work/Specification paragraph Tow Truck Drivers (“agents”).

3.12.3. Approval or denial of requests shall be made by the DPS District Commander or authorized designee.

3.12.4. New tow truck divers (“agents”) utilized by the Contractor shall also either have completed or will complete a four-hour block of training entitled SHRP2 Traffic Incident Management Responder Training, within three months of the date the individual tow truck driver (“agent”) starts to perform work under the contract. SHRP2 training is available through DPS and other Federal Highway Administration (“FHWA”) qualified instructors. New tow truck drivers (“agents”) having completed the SHRP2 training prior performing work under the contract shall not be required to re-complete the training.

Scope of Work/Specifications Arizona Department of Public Safety 2102 W. Encanto Blvd.

Phoenix, Arizona 85009 SOLICITATION NO.: ADPS18-00007855 Page

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3.13. Contractor Personnel Background/Security Requirements: The Contractor, its agents, officers and employees, from time to time will have access to information that may be of a confidential nature and/or evidence to be used in the prosecution of criminal violations. All such personnel shall agree to submit to a complete criminal background check administered by DPS upon request.

3.14. Communication Equipment: Contractor shall have and maintain communication equipment that allows DPS to communicate with the Contactor and/or Contractor’s tow truck drivers (“agents”) 24 hours a day, 7 days a week. Communication equipment shall include at a minimum a central business phone number and/or a cell phone number for use by DPS to initiate deployment to a scene 24 hours a day, 7 days a week. Third party answering services that have dispatching capabilities may be used for communication purposes under this contract. Answering machines shall be prohibited for communication between DPS and Contractor.

3.14.1. Contractors shall respond to all Department initiated tow related service requests immediately. In the event that a specific contractor does not respond immediately, the Department shall reserve the right to contact alternate Contractors.

3.15. Response Times, On Scene: Contractor shall provide response times to all DPS requests that do not exceed

2 minutes per mile after receipt of initial telephone notice during normal duty hours, and 15 minutes startup then 2 minutes per mile after duty hours, or a reasonable driving time as described below. Heavy duty response times shall be 3 minutes per mile during normal duty hours and 30 minutes startup then 3 minutes per mile after duty hours. DPS recognizes that occasions may arise in which Contractor may be unable to supply a tow truck. Contractor shall notify DPS Dispatch when a tow truck is responding to a non-DPS call in a DPS jurisdiction.

3.15.1. Response times may be altered to allow for reasonable and safe driving time or to compensate for periods of inclement weather that would create hazardous driving conditions as well as unforeseen highway closures and detours, or for parking limitations imposed by municipalities. The Contractor shall have the ability to communicate with drivers via radio, mobile telephone or other like equipment, so that DPS Operational Communications Center has the ability to pass on information to the tow truck driver through the Contractors dispatch center as the tow truck driver responds to a call.

3.16. Emergency/Expedited Services: In cases where DPS requests emergency/expedited towing services, Contractor may utilize the tow truck’s overhead lights and flashers. At no time shall the Contractor be entitled to violate any law pertaining to the safe and prudent operation of its vehicles on State and local highways and roadways. Tow trucks are not authorized emergency vehicles and therefore shall obey all traffic laws established for prudent, responsible and safe driving throughout the State.

3.17. Right of Refusal of Towing Services: DPS shall reserve the right, at its sole discretion and/or as it deems necessary to refuse Contractor’s services based on, but may not be limited to the following:

3.17.1. Tow truck driver (“agent”) suspected of consuming intoxicating beverages, narcotics or other dangerous drugs;

3.17.2. Tow truck driver (“agent”) and/or tow truck being found non-compliant with all applicable sections of the Arizona administrative code;

3.17.3. Tow truck driver (“agent”) has lack of appropriate skills to handle an “on scene” situation;

3.17.4. Late arrival by a tow truck driver (“agent”) at a specified scene;

3.17.5. Tow truck found to not be properly permitted by DPS;

3.17.6. Tow truck not being properly equipped; or for any other reason an on scene DPS Officer considers appropriate to ensure the safety of the driving public;

3.17.7. Contractor who was not called by DPS (if the situation is an emergency, the truck may be used only to the point of eliminating the hazard from the roadway)

Scope of Work/Specifications Arizona Department of Public Safety 2102 W. Encanto Blvd.

Phoenix, Arizona 85009 SOLICITATION NO.: ADPS18-00007855 Page

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Should a call be canceled before work or service at the scene is performed, there shall be no charge to either the owner of the vehicle or to DPS.

3.18. Clean Up Services, On Scene: Contractor tow truck drivers (“agents”) and/or alternate employees shall be responsible for all “on scene” clean-up of debris at the scene of an accident pursuant to A.R.S. § 28-872.D unless instructed otherwise by the DPS District Commander or authorized designee not to do so. With prior approval form the DPS District Commander or authorized designee, the Contractor may make reasonable, additional charges (i.e. extra equipment and/or labor) based on actual time and cost expended on the “on-scene” clean-up service. Any charges discovered outside of those listed on the maximum allowable contract rate sheet, which do not have prior DPS District Commander or authorized designee approval, shall be reimbursed to the customer that was charged for the service. Contractors shall not be permitted to utilize juveniles (persons under the age of 18 years) to perform this clean-up or any other function at the collision or call-out scene unless exempt under A.R.S. § 23-235.

3.19. Chain of Custody: A DPS employee must accompany the seized vehicle at all times to maintain proper chain of custody from scene to delivery of vehicle to a DPS specified location.

3.20. Vehicle Delivery: Contractor shall deliver vehicles to location specified by the DPS Trooper on scene.

3.21. Charges/Billing Parties: Contractor shall bill only the maximum allowable rates or less as specified on the contract price sheet. For all DPS confiscated vehicles, billing shall be sent to: AZ DPS, Finance Section-MD 1330, P.O. Box 6638, Phoenix Arizona 85005-6638

3.22. District Realignment/Road Way Requirements: The contractor shall charge:

3.22.1. The contract rate for any miles added to existing highways due to new construction or for district realignment. A contract amendment will be issued to incorporate such changes.

3.22.2. The contract rate for any new highway that is built during contract period and falls within the offeror’s contract area. A contract amendment will be issued to incorporate any changes.

3.22.3. The contract rate regardless if the vehicle is towed from the interstate, U.S. Highway, State Route or surrounding city or county roadways, so long as the following conditions exist:

3.22.3.1. The request for towing is generated by DPS Operational Communications Center; or

3.22.3.2. The tow service does not overlap or conflict with any other tow contract that DPS has for another district or specific area being operated under a separate and distinct contract.

3.23. Governor Declared Disasters – Contractor Recovery Services: In the event of Governor declared disasters within the State of Arizona such as, but not limited to, hurricanes, floods, earthquakes and wildfires, that may require egress, ingress and contra-flow operations on state highways and interstates, Contractor may be tasked by DPS to assist in providing such items as fuel, water and supplies to the public using these state highways and interstates. Should DPS require such services and after determination of what the Contractor’s role would be in a specific disaster operation, the DPS shall:

3.23.1. Develop a plan that illustrates how the Contractor shall be utilized;

3.23.2. Determine if the services are within the contract scope;

3.23.3. Contact Contractor for facilitation of the plan;

3.23.4. In cases where the services are determined to be outside of the contract scope, agree as soon as practical on the scope of services, terms duration and fixed price for performance by the Contractor (pursuant to A. R. S. §41-2537).

3.23.5. DPS, at its sole discretion, may modify or terminate such services at any time, and as required, to

Scope of Work/Specifications Arizona Department of Public Safety 2102 W. Encanto Blvd.

Phoenix, Arizona 85009 SOLICITATION NO.: ADPS18-00007855 Page

7 of ensure the safety of the general and motoring public.

4. Pricing: Offeror agrees with the rates established by statute on Exhibit A by signing and electronically attaching to Attachment A in ProcureAZ.

Section 3

Special Terms and Conditions Arizona Department of Public Safety 2102 W. Encanto Blvd.

Phoenix, Arizona 85009 SOLICITATION NO.: ADPS18-00007855 Page

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1. Authority to Contract: This contract is issued under the authority of DPS. No alteration of any portion of the contract, any items or services awarded, or any other agreement that is based upon this contract may be made without express written approval of DPS Purchasing Department’s Chief Procurement Officer or authorized designee in the form of an official contract amendment. Any attempt to alter any documents on the part of DPS or the contractor is a violation of the contract and the Arizona Procurement Code. Any such action is subject to the legal and contractual remedies available to the State inclusive of, but not limited to, contract cancellation, suspension and/or debarment of the contractor.

2. Eligible Agencies: DPS.

3. Contract Type: Fixed price term, indefinite quantity type contract.

4. Non-Exclusive Contract: This is a non-exclusive, convenience contract. DPS shall reserve the right, at its sole discretion to obtain like goods or services from another source or sources when necessary.

5. Term of Contract: The term of the resultant contract shall commence upon award or as specified in the award documents and shall remain in effect for one year unless terminated, canceled, or extended as otherwise provided herein.

6. Contract Extension (Months): By mutual written contract amendment, this contract may be extended for supplemental periods of up to a maximum of 48 months for a total contract term not to exceed five (5) years.

7. Maximum Allowable Service Call Rates: Towing firm shall provide the services specified herein twenty-four (24) hours a day, 365 days a year, including weekends and holidays, for the maximum allowable rates or less as set forth herein. The towing firm is free to charge less than the maximum rates. The maximum allowable service call rates shall, at a minimum, include: Deployment to scene, vehicle hook-up, winching, labor required to perform preparation to tow, on scene clean-up of debris, drive-line removal (if required), recovery, use of dollies (when necessary), and any other service which may be incidental to any specific towing situation.

7.1. Maximum allowable rates shall apply to the use of a single tow truck. Towing firm may not disengage trailers, etc. from a vehicle requiring tow if both can be towed safely as one unit. This requirement may be waived upon prior approval from the on scene DPS Trooper or the vehicle’s owner. Should two (2) or more tow trucks be required by the on scene DPS Trooper, each shall be designated as individual tows and thus charged accordingly.

7.2. Maximum allowable hourly rates shall be prorated every 15 minutes after the first complete hour and shall start when the tow truck is dispatched/on the way to a specified scene and shall end at the point of vehicle delivery/unload at a destination specified by the on scene DPS Trooper. Unless specified by vehicle owner or on scene DPS Trooper, no storage or mileage fees shall be charged if the towing firm did not deliver vehicle to their tow yard nearest the scene.

7.3. Maximum allowable flat rates shall apply to light and medium duty tows and shall include delivery of vehicle to towing firm’s storage facility or customer or DPS requested location and are subject to mileage charges per Exhibit A.

8. Maximum Allowable Mileage Rates: Maximum allowable mileage rates shall apply only in cases where a vehicle is being towed and shall start at the point of scene (loaded vehicle) and end at point of vehicle delivery/unload at a destination specified by the on scene DPS Trooper. Mileage rates may not be charged when hourly rates are billed by the towing firm unless specified in Exhibit A.

9. Maximum Allowable Off-Road Recovery Rates: Maximum allowable off-road recovery rates shall apply

Special Terms and Conditions Arizona Department of Public Safety 2102 W. Encanto Blvd.

Phoenix, Arizona 85009 SOLICITATION NO.: ADPS18-00007855 Page

9 of when the tow truck must leave the boundaries of the designated State right-of-way to recover a vehicle from a desert area, farm field, ditch, ravine, or body of water. Recovery services include winching, hoisting, up-righting, or removal services necessary to position the towed vehicle so that the wrecker vehicle can hookup or load the towed vehicle. This does not apply to “in-city” tows which are outside of the interstate or state highway system, such as on a city street. If special circumstances exist within the State right-of-way, the maximum allowable off-road recovery rate may be applied with the approval of the DPS Trooper on scene. This is a one-time flat rate not inclusive of any hourly and/or mileage rates.

10. Stand-By Rate: Stand-by rates are the time at the scene during which a towing or recovery unit is not actively engaged in the towing or recovery of a vehicle. Travel time from dispatch to arrival on the scene shall not be considered Stand-By. Stand-by rates may be charged after the first 30 minutes on scene in 15 minute increments.

11. Extra Labor Rate: Use of additional labor, other than the driver, during a tow. Labor not ordinarily needed for the job, but which is reasonably necessary to provide adequate service in a unique or exigent situation.

Rates for extra labor apply from the time the extra labor is assigned to the wrecker service until released from service. Special circumstances for light and medium tows only as regular scene clean-up is covered in the flat maximum allowable service call rate. Extra Labor must be approved by the Trooper on scene.

12. Rate Adjustments: Per ARS 41-1830.52, Department of public safety contractual agreements; towing;

maximum allowable rates, the department may adjust the rates on this agreement with an amendment to reflect the results of the even-numbered year rate survey and review.

13. Non-Exclusive Agreement: This is a non-exclusive agreement. DPS shall reserve the right, at its sole discretion, to obtain like goods or services from other sources or non-agreement providers when necessary. No guarantee shall be made to the towing firm as to the number or frequency of provided services. DPS shall reserve the right to utilize the services of any resultant towing firm during the agreement term. DPS shall also reserve the right to add new tow firms on contract if deemed necessary by the District Commander for the safety of the public, safety of the DPS Trooper or Troopers, tow truck response times, improved traffic incident management, or convenience to the public.

14. Utilization of services, no guarantee: Although DPS anticipates routine services to be performed under the contract; no commitment of any kind concerning actual utilization of services from the towing firm is expressed or implied. DPS shall also reserve the right to utilize the services of any towing firm during the agreement term. Additionally, and as deemed necessary, DPS may utilize the services of alternate and/or additional towing firms under agreement and/or non-contract towing providers in circumstances, inclusive of but not limited to adverse weather conditions, multiple vehicle accidents, safety of the public, safety of the DPS Trooper or Troopers, tow truck response times, convenience to the public or when the towing firm does not possess sufficient resources required to respond to an individual situation.

15. Towing firm availability days/times: Towing firm shall accept and return DPS initiated service calls, dispatch tow trucks to designated service locations (scenes) 24 hours a day, 365 days a year (including State observed holidays).

16. Towing Firm & Tow Truck Inspection Applications: Towing firm shall have and maintain at its place of business, complete and approved DPS Tow Truck Company Registration Application form; #802-07004 for its company and DPS Tow Truck Inspection application form #802-07068-F for all tow trucks used during its day to day business operations and when performing work under the contract. Application forms are available via download at www.azdps.gov in the Commercial Vehicle Enforcement area of the Highway Patrol Division section. Signature of applicant on DPS approved form #802-07004 and #802-07068-F shall expressly:

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16.1. Attest to the fact that all supplied information is true and accurate

16.2. Agree to comply with the rules and regulations for the design and operation of tow trucks as adopted by

DPS;

16.3. Certify that operators of vehicles shall be competent by reason of experience or by training in the recovery and towing of vehicles as prescribed in the aforementioned rules and regulations;

16.4. Agree that operators are required to adhere to any pertinent state or federal motor carrier regulations.

17. Retention of towing records, inspection/auditing by others: Contractor shall retain all records, including but not limited to tow invoice copies, law enforcement releases, lien records (i.e., lien letter, proof of certified mailing, DMV printouts, appraisals, etc.), vehicle release records, inventory and condition reports to facilitate inspections and auditing by DPS and/or other parties for a period of five (5) years from the date of termination of the contract. Contractor shall make all records available within 24 hours of DPS’ request.

18. Confidentiality of records: Contractor shall establish and maintain procedures and controls that are acceptable to DPS for the purpose of assuring that no information contained in its records or obtained from DPS or from others in carrying out its functions under the contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the contract. Persons requesting such information shall be referred to DPS. Contractor shall ensure that this information is not divulged other than to DPS, its designated employees and/or officers, unless otherwise agreed to in writing by DPS.

19. Routine Inspections: Towing firm shall permit DPS to conduct, without prior notice, a thorough inspection of towing firm’s business records, tow trucks, and drivers list for any tow made under the contract. Records inspections may be performed at the towing firm’s place of business or at the district office as determined by the Highway Patrol District Commander or designee.

20. Auditing: Towing firm shall, upon request make available copies of itemized tow bills for individual and/or all vehicles towed under agreement. This information shall be made available at the towing firm’s place of business within ten (10) days of request or may be faxed, emailed, mailed, or delivered to the requesting DPS District Office.

21. Right to Assurance: If the State in good faith has reason to believe that the towing firm does not intend to, or is unable to perform or continue performing under this Agreement, the Procurement Officer may demand in writing that the towing firm give a written assurance of intent to perform. Failure by the towing firm to provide written assurance within the number of days specified in the demand may, at the State’s option, be the basis for terminating the contract under the Uniform Terms and Conditions or other rights and remedies available by law or provided by the contract.

22. Stop Work Order: The State may, at any time, by written order to the towing firm, require the towing firm to stop all or any part, of the work called for by this contract for period(s) of days indicated by the State after the order is delivered to the towing firm. The order shall be specifically identified as a stop work order issued under this clause.

22.1. If a stop work order issued under this clause is canceled or the period of the order or any extension expires, the towing firm shall resume work.

23. Complaint and Deficiency Resolution by DPS District Offices: All complaints made or deficiencies noted against the towing firm, regardless of the source, shall be investigated by the DPS District Commander or authorized designee in accordance with Arizona Administrative Code (“A.A.C.) articles 7

Special Terms and Conditions Arizona Department of Public Safety 2102 W. Encanto Blvd.

Phoenix, Arizona 85009 SOLICITATION NO.: ADPS18-00007855 Page

11 of through 13 and/or any revisions, deletions or additions thereto that may be incorporated by the state. Upon completion of the investigation, the DPS District Commander or authorized designee shall classify the complaint as unfounded, exonerated, not sustained, sustained, or partially sustained and shall maintain a copy (according applicable state public record retention requirements) of all complaints, deficiencies, findings, and actions taken, if any, on file in the District Office and the tow truck inspection unit. Files may include separate indexes for individual tow truck drivers (“agents”).

23.1. Complaint and deficiency categories are, but may not be limited to:

23.1.1. Unqualified drivers

23.1.1.1. Improperly licensed vehicle/drivers (“agents”)

23.1.1.2. Expired licenses

23.1.1.3. Revoked or suspended licenses

23.1.1.4. Gross violations on license (while driving tow truck)

23.1.1.5. Not trained in Traffic Incident Management by specified timing in paragraphs 26 and 27.

23.1.2. Negligent administration

23.1.2.1. Charging for unnecessary or unused services, personnel, or equipment

23.1.2.2. Incorrect times on bills

23.1.2.3. Incorrect mileage on bills

23.1.2.4. Neglecting to notify DPS of any changes

23.1.2.5. Mathematical miscalculations

23.1.2.6. Failure to maintain proper records and or filing of a 10-day report

23.1.3. Negligent operation

23.1.3.1. Improper use of equipment

23.1.3.2. Incompetent drivers (“agents”)

23.1.3.3. Failure to prevent further damage to towed vehicle

23.1.3.4. Arriving on scene without proper equipment, truck(s), supplies or personnel

23.1.3.5. Delivering vehicle to a storage facility that is not the nearest to scene without vehicle owner or DPS Trooper prior approval.

23.1.3.6. Insufficient clean-up of debris at scene

23.1.4. Unsafe tow trucks

23.1.5. Unethical business practices

23.1.6. Improper conduct of an owner/driver (“agent”)

23.1.7. Discourteous treatment of a Trooper, dispatcher, or driver/owner of a vehicle

23.1.7.1. Intimidating a Trooper, dispatcher, or driver/owner of a vehicle

23.1.7.2. Physical abuse of a Trooper, dispatcher, or driver/owner of a vehicle

23.1.8. Unauthorized removal of items from a towed or stored vehicle

23.1.9. Failure to respond to complaint from DPS

23.1.10. DUI (Drugs and/or alcohol)

23.1.11. Failure/Refusal to accept calls

23.1.12. Traffic violations (tow truck)

23.1.13. Failure to respond to calls as mutually agreed upon

23.1.14. Leaving the scene without DPS Trooper approval

23.1.15. Excessive turn down rate from DPS dispatch

23.1.16. Excessive and/or unreliable response times

23.1.17. Unnecessary delays on scene in effort to run up tow charges.

23.1.18. Subcontracting DPS towing services calls to another towing firm.

23.1.19. Any other performance based issues determined by the District Commander.

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23.2. Additionally, towing firm shall not charge for services more than the maximum allowable rates specified herein, nor shall a motorist be charged for any services not authorized under the contract without the prior approval of the motorist or his/her representative.

23.3. Complaints shall be investigated in accordance with established DPS policies and procedures to the extent deemed necessary by the DPS Highway Patrol District Commander or authorized designee. Upon investigation, the DPS District Commander or authorized designee shall classify/disposition each complaint as follows:

23.3.1. Unfounded (allegation is false or non-factual)

23.3.2. Exonerated (incident did occur, but was lawful or proper)

23.3.3. Not sustained (insufficient evidence either to prove or disprove the allegations)

23.3.4. Partially sustained (generally used where there are two or more allegations made, and only some or a portion of the allegations are supported by sufficient evidence)

23.3.5. Sustained (the allegation is supported by sufficient evidence)

23.4. The DPS District Commander or authorized designee shall provide a formal written determination of all complaints that are sustained or partially sustained to the towing firm for review, implementation of corrective actions (if required) in accordance with the procedure described in paragraph 52, Right to Assurance. Notice of suspensions may be done in writing or by telephone communication/message with the affected towing firm. Suspension notices shall detail the reasons for the suspension, the areas requiring improvement (i.e. corrective action plan) and the duration of the suspension (e.g. until improvements are made and/or corrective actions have been submitted). All verbal notices of suspensions shall be followed up in writing within three (3) business days.

23.5. In case a suspension of services is deemed necessary by DPS, the Stop Work Order process will be followed.

23.6. All complaints brought to the attention of the towing firm by DPS or a motorist shall be responded to in writing and forwarded to the DPS District Commander or authorized designee within thirty (30) days of notification.

24. Insurance Requirements: Contractor and subcontractors shall procure and maintain, until all of their obligations have been discharged, including any warranty periods under this Contract, insurance against claims for injury to persons or damage to property arising from, or in connection with, the performance of the work hereunder by the Contractor, its agents, representatives, employees, or subcontractors.

The Insurance Requirements herein are minimum requirements for this Contract and in no way, limit the indemnity covenants contained in this Contract. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees or subcontractors, and the Contractor is free to purchase additional insurance.

25. Minimum Scope and Limits of Insurance: Towing firm shall provide coverage with limits of liability not less than those stated below.

25.1. Garage Liability (CGL) – Occurrence Form: Policy shall include bodily injury, property damage, and broad form contractual liability coverage.

• Each Occurrence $1,000,000

• Damage to Rented Premises $50,000

• Personal and Advertising Injury $1,000,000

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• General Aggregate $2,000,000

• Products – Completed Operations Aggregate $1,000,000

• Garage Liability (Premises and Operations) $1,000,000

• Garagekeepers Legal Liability - Direct Primary Coverage:

• Each Auto $100,000

• Each Heavy-Duty Vehicle $250,000

25.1.1. The policy shall be endorsed to include direct primary Garagekeepers Legal Liability coverage.

25.1.2. Policy shall be endorsed, per this written agreement, to include Products Liability.

25.1.3. The policy shall be endorsed, as required by this written agreement, to include the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.

25.1.4. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

25.2. Business Automobile Liability: Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this contract.

25.2.1. Combined Single Limit (CSL) $1,000,000

25.2.2. On-Hook Endorsement

25.2.2.1. Each Auto $100,000

25.2.2.2. Each Heavy-Duty Vehicle $250,000

25.2.3. Policy shall be endorsed to include coverage for towing.

25.2.4. Policy shall be endorsed, as required by this written agreement, to include the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by, or on behalf of, the Contractor involving automobiles owned, hired and/or non-owned by the Contractor.

25.2.5. Policy shall contain a waiver of subrogation endorsement as required by this written agreement in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

25.3. Worker's Compensation and Employers' Liability:

o Workers' Compensation Statutory Employers' Liability Each Accident $1,000,000 Disease – Each Employee $1,000,000 Disease – Policy Limit $1,000,000

25.3.1. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

25.3.2. This requirement shall not apply to each Contractor or subcontractor that is exempt under A.R.S. § 23-901, and when such Contractor or subcontractor executes the appropriate waiver form (Sole Proprietor or Independent Contractor). Sample Sole Proprietor Waiver and Independent Contractor

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25.4. Additional Insurance Requirements: The policies shall include, or be endorsed to include, as required by this written agreement, the following provisions:

25.4.1. The Contractor's policies, as applicable, shall stipulate that the insurance afforded the Contractor shall be primary and that any insurance carried by the Department, its agents, officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41-621 (E).

25.4.2. Insurance provided by the Contractor shall not limit the Contractor’s liability assumed under the indemnification provisions of this Contract.

25.5. Notice of Cancellation: Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to the State of Arizona.

Within two (2) business days of receipt, Contractor must provide notice to the State of Arizona if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the Department and shall be mailed, emailed, hand delivered or sent by facsimile transmission to (Arizona Department of Public Safety, Procurement Dept., P.O. Box 6638, MD 1230, Phoenix, AZ 85005-6638) and shall be sent by certified mail, return receipt requested.

25.6. Acceptability of Insurers: Contractor’s insurance shall be placed with companies licensed in the

State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers. Insurers shall have an “A.M. Best” rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

25.7. Verification of Coverage: Contractor shall furnish the State of Arizona with certificates of insurance

(valid ACORD form or equivalent approved by the State of Arizona) evidencing that Contractor has the insurance as required by this Contract. An authorized representative of the insurer shall sign the certificates. A sample Certificate of Insurance (COI) may be found on Arizona’s Risk Management Division’s website under the insurance section located here: https://staterisk.az.gov/insurance/forms.

25.7.1. All such certificates of insurance and policy endorsements must be received by the State before work commences. The State’s receipt of any certificates of insurance or policy endorsements that do not comply with this written agreement shall not waive or otherwise affect the requirements of this agreement.

25.7.2. Each insurance policy required by this Contract must be in effect at, or prior to, commencement of work under this Contract. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract.

25.7.3. All certificates required by this contract shall be sent directly to the Arizona Department of Public Safety, Procurement Dept., P.O. Box 6638, MD 1230, Phoenix, AZ 85005-6638. DPS Towing Services shall be noted on the certificate of insurance. The State of Arizona reserves the right to require complete copies of all insurance policies required by this contract at any time.

25.8. Subcontractors: Towing firms’ certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectable insurance as evidenced by the certificates of insurance and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum Insurance Requirements identified above. The Department reserves the right to require, at any time throughout the life of the

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Contract, proof from the Contractor that its subcontractors have the required coverage.

25.9. Approval and Modifications: The Contracting Agency, in consultation with State Risk, reserves the right to review or make modifications to the insurance limits, required coverages, or endorsements throughout the life of this contract, as deemed necessary. Such action will not require a formal Contract amendment but may be made by administrative action.

25.10. Exceptions: In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance

Requirements shall not apply. Such public entity shall provide a certificate of self-insurance. If the Contractor or subcontractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above shall apply

26. Billing: All billing notices shall reference the Contract Number on which the invoice is based.

27. Payment: Payments shall be made in accordance with A.R.S. Titles 35 and 41.

28. Licensing: Contractor(s) performing work within the State of Arizona shall, as applicable be properly licensed for the Scope of Work in which they are contracting.

29. Safety Standards: All items and/or services supplied on this contract must comply with the current applicable occupational safety and health standards of the State of Arizona Industrial Commission, The National Electric Code, and The National Fire Protection Association Standards.

30. Retention of records, inspection/auditing by others: Contractor shall retain all records to facilitate inspections and auditing by DPS for a period of five (5) years from the date of termination of the contract.

Contractor shall make all records available within 24 hours of DPS request.

31. Soliciting Repairs by Towing firms is Prohibited: Towing firm and/or tow truck drivers (“agents”) shall not solicit business for any particular vehicle repair shop(s) during the towing process or during any subsequent storage period for any towing service provided under the contract.

32. Right of Refusal of Services by Vehicle Owners: Towing firm shall honor request by vehicle owners…