IFB_2025_Towing_Company_Agreement.pdf

Invitation for Bid

PROJECT NUMBER

IFB # 25-PD-04

TOWING COMPANY AGREEMENT

Michele Moore, Finance Director

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TABLE OF CONTENTS

CITY OF HOLLY HILL

Towing Company Agreement

BID NO. 25-PD-04

1. Instruction to Bidders (Pages 1-5)

• A. Invitation for Bid

• B. Project Description

• C. Defined Terms

• D. Copies of Bidding Documents

• E. Receipt of Bids

• F. Bidders Qualifications

• G. Interpretations

• H. Other Agencies

2. Proposal (Pages 5-6)

• I. Preparation of Proposal

• J. Proposal Security

• K. Withdrawal of Proposals

• L. Right to Reject Proposals

• M. Addenda and Request for Clarification

• N. Submitting Proposal

• O. Clarification/Correction of Bid Entry

• P. Additional Terms and Conditions

3. Technical Bid Requirements (Pages 7-8)

Independence License to Practice in State of Florida Conflict of Interest Towing Company Qualifications and Experience

4. Bid Evaluation (Pages 8-10)

Generally, Line Technical Qualifications Fee Bid Local Vendor Preference Registration Requirements State Certified / Registered Towing Company

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5. Award and Execution of Contract (Pages 10-11)

• Contract Award Procedures

• Awards

• Cancellation of Award

6. Rules and Legal Requirements (Pages 11-13)

• Q. Patents and Royalties

• R. Public Entity Crimes Information Sheet

• S. Prohibition of Gifts to City Employees

• T. Non-Negotiability of Agreement

• U Lobbying

• V. Protest Procedures

• W. Immigration Reform and Control Act

• X. Liability

• Y. Non-Appropriations of Funds

• Z Licenses and Permits

• AA. Taxes

7. Required Forms (Pages 14-31)

• Bid Submittal Form (2 Pages)

• Acknowledgement of Addenda

• Statement of Bidder’s Qualifications

• Sworn Statement on Public Entity Crimes (287.133(3)(a), Florida Statutes)

• Anti-Collusion Statement

• Drug-Free Workplace / Tie Preference / Public Records Law Compliance

• Vendor E-Verify Affidavit

• W-9 Form

• Certificate of Insurance (Liability and Workman’s Compensation)

• Notice of Award Form

8. Contract (Pages 32-49)

• Towing Company Agreement (17 Pages)

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A. INVITATION FOR BID

CITY OF HOLLY HILL, FLORIDA

TOWING COMPANY AGREEMENT

BID# 25-PD-04

Notice is hereby given that the City of Holly Hill, Florida is accepting bids for: 25-PD-04

“Towing Company Agreement”

Sealed bids will be accepted by the City of Holly Hill, 1065 Ridgewood Avenue, Holly Hill, Florida 32117, until 10:00 am , August 18, 2025 at which time and place all proposals received shall be publicly opened and read aloud in the City Hall.

There will be a non-mandatory pre-bid meeting for this project at City of Holly Hill Commission Chamber at 10:00 am on July 28, 2025. The meeting will be held in the Commission Chambers, located in City Hall, 1065 Ridgewood Avenue, Holly Hill, FL 32117.

Description of Work -

The City of Holly Hill is requesting Bids from qualified Towing Companies to provide exclusive towing services within the City of Holly Hill when requested and authorized by a representative of the City.

Bid documents are available electronically from VendorLink at www.myvendorlink.com. Any addenda will be posted on VendorLink. Bidders are responsible for confirming all addenda have been received before submitting bids. Questions must be submitted in writing to mmearsheimer@hollyhillfl.org by 5:00 p.m. on August 11, 2025.

All bidders are required to complete and submit the “Public Entity Crime Sworn Statement”, Form #PUR 7068, as designated by Florida Statutes, Section 287.133(3)(a), with their bids.

The City of Holly Hill is not responsible for the U.S. mail or private carriers or messengers in regard to mail being delivered by the specified time so that a bid can be considered. No bids received after the time and date specified for the opening will be considered. The City of Holly Hill, Florida reserves the right to reject any and all bids, to waive any and all non-substantial irregularity in bids reviewed, whenever such rejection or waiver is in the best interest of the City.

One (1) original and (1) electronic copy on USB flash drive of the bid shall be addressed to City Clerk, City of Holly Hill, 1065 Ridgewood Avenue, Holly Hill, Florida 32117, in a sealed envelope plainly marked on the outside: TOWING COMPANY AGREEMENT

CITY OF HOLLY HILL

VOLUSIA COUNTY,

FLORIDA s/ Joseph A. Forte City Manager mailto:mmearsheimer@hollyhillfl.org

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1. INSTRUCTIONS TO BIDDERS

B. PROJECT DESCRIPTION

A. The work of this project consists of:

The City seeks to contract with a towing company to provide exclusive towing of motor vehicles and trailers from public and private property, as authorized by City representatives. Based on a five-year average, approximately 285 vehicles were towed per year under the prior agreement.

This figure is provided for informational purposes only and does not guarantee future volume, which may vary. The City’s population is approximately 13,183 residents within 4.5 square miles.

C. DEFINED TERMS

Terms used in the Instructions to Bidders are defined and have the meanings assigned to them in the General Conditions.

D. COPIES OF BIDDING DOCUMENTS

Copies of the bid documents may be obtained electronically from VendorLink at www.myvendorlink.com. Any addenda to these bid documents will be posted on the VendorLink website. Bidders are responsible for confirming receipt of all addenda. Questions must be sent in writing to mmearsheimer@hollyhillfl.org by 5:00 p.m. on August 11, 2025.

E. RECEIPT OF BIDS

The Place to which proposal must be delivered, the amount of Proposal Security required and the date, time and place of opening of proposals, are stated in the Invitation For Bid. The Proposal form amplifies the Advertisement in indicating the location and description of the project to be constructed and shows the approximate quantities of work to be performed and materials to be furnished, if a unit price contract, any special requirements which may vary from or are not contained in the specifications.

F. BIDDER'S QUALIFICATIONS

The Bidder will be required to show that he/she is capable of performing the work contemplated and shall furnish, if requested, in duplicate the following:

a. A sworn statement showing the equipment definitely controlled by the Bidder and available to him for performing the work;

b. A sworn statement of his/her experience in performing work of the character for which his bid is submitted; and, A sworn statement showing his current assets and liabilities as of a date not more than ninety (90) days prior to the date of submission.

http://www.myvendorlink.com/ mailto:mmearsheimer@hollyhillfl.org

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If the Owner approves the above required statements and the Proposal is accompanied by the specified security, the person, firm or corporation submitting such Proposal shall be considered as a qualified Bidder.

G. INTERPRETATION: Any questions concerning conditions and specifications shall be directed to the Deputy Police Chief. Those interpretations which may affect the eventual outcome of this Submittal will be furnished in writing to all prospective bidders through MyVendorlink. No interpretation shall be considered binding unless provided in writing by the City of Holly Hill.

H. OTHER AGENCIES: All Bidder(s) awarded contracts from this Bid may permit any municipality or other government agency to participate in the contract under the same prices, terms, and conditions, if agreed to by both parties.

It is understood that at no time will any city, municipality, or other agency be obligated for placing an order for any other city, municipality, or agency; nor will any city, municipality, or agency be obligated for any bills incurred by any other city, municipality, or agency. Further, it is understood that each agency will issue its own purchase orders to the awarded bidder(s).

2. PROPOSAL

I. PREPARATION OF PROPOSAL

In preparing Proposals in the manner prescribed under Paragraph 1.14, the Proposal Form, the Bid Form (when a Bid Bond is permitted as proposal security), Certificate as to Corporate Principal, Public Entity Crimes Statement, Anti-Collusion Statement, and Drug Free/Tie Preference Statement, must be properly executed in ink .

The Bidder shall sign his/her name and give his/her business address in the spaces provided therefore. If the Proposal is made as a partnership, it shall be signed by all partners; if made by a corporation, it shall be signed in the name of the corporation by one of the officers thereof and shall have affixed the seal of the corporation.

J. PROPOSAL SECURITY

A cash bond, as specified in the Bid Documents, must be included with the proposal as proposal security.

K . WITHDRAWAL OF PROPOSALS

All Bidders waive any right to withdraw a submitted Proposal, except as provided below.

A Bidder may request to withdraw their Proposal prior to the bid opening date, provided the request is made in writing, by email, or by phone, and is confirmed in writing by the Bidder or their authorized representative. Such requests must be received by the City no later than one business day prior to the scheduled bid opening.

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No Proposals may be withdrawn for a period of ninety (90) calendar days following the bid opening date.

L. RIGHT TO REJECT PROPOSALS

The City reserves the unqualified right to waive any informalities or to reject any or all Proposals if it is determined to be in the best interest of the City.

Proposals may be rejected if they contain omissions, erasures, unauthorized alterations, conditions, or irregularities of any kind. Proposals that are otherwise complete but do not include the required Proposal Security (e.g., Cash Bond) may also be rejected as non-responsive.

Additionally, Proposals that appear to be unbalanced or contain pricing inconsistencies (if applicable) may be rejected at the City's discretion.

M. ADDENDA AND REQUEST FOR CLARIFICATION

During the proposal preparation period, the City may issue addenda or bulletins to clarify or modify the Bid Documents. These addenda will become part of the final Contract Documents and must be acknowledged by all Bidders.

Bidders may submit written requests for clarification via email to the designated contact listed in the solicitation. It is the Bidder's responsibility to ensure that requests for clarification are received in a timely manner.

Only interpretations issued in writing through an official addendum will be considered binding.

The City is not responsible for oral explanations or unofficial interpretations of the Bid Documents.

N. SUBMITTING PROPOSAL

One (1) original and (1) electronic copy on USB flash drive of the Proposal, all addenda, if any, and all other required supporting documentation shall be submitted in an opaque, sealed envelope, addressed to the Owner. The name of the Bidder shall appear in the upper left-hand corner of the envelope and the following notation shall appear in the lower left-hand corner.

TOWING COMPANY AGREEMENT

O. CLARIFICATION/CORRECTION OF BID ENTRY:

The City of Holly Hill reserves the right to allow for the clarification of questionable entries and for the correction of obvious mistakes.

P. ADDITIONAL TERMS AND CONDITIONS: The City of Holly Hill reserves the right to reject Submittals containing any additional terms or conditions not specifically requested in the original conditions and specifications. This is a firm Bid and changes to the Towing Company Agreement will not be allowed.

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3. TECHNICAL BID REQUIREMENTS

The purpose of the technical Bid is to demonstrate the qualifications, competence and capacity of the Bidder’s seeking to undertake the towing services for the City of Holly Hill in conformity with the requirements of this Invitation for Bid. As such, the substance of Bids will carry more weight than their form or manner of presentation. The technical Bid should demonstrate the qualifications of the Towing Company and of the particular staff to be assigned to this engagement.

Although additional data may be included, the following items must be presented as they represent the criteria against which the Bid will be evaluated:

• Independence

The Towing Company must provide a clear, affirmative statement confirming its independence from the City of Holly Hill. For the purposes of this bid, 'independent' means that the Towing Company and its owners, officers, and key personnel are not employees of the City, are not under contract with the City, and have no financial or controlling interest in City operations.

The Towing Company must also disclose and describe any current or past relationships, contracts, or affiliations with the City of Holly Hill within the past five (5) years.

• License to Practice in the State of Florida

An affirmative statement should be included indicating that the Towing Company and all assigned staff are properly licensed to tow vehicles in the State of Florida. The towing company is required to have a minimum of 3 years’ experience.

• Conflict of Interest

The Towing Company shall list, and describe any relationships – professional, financial or otherwise – that the Towing Company, any of its principals or employees, or any affiliate or subcontractor, may have with the City of Holly Hill, its elected or appointed officials, its employees or agents or any of its agencies or component units for the past five (5) years, together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the services sought in this Bid. Failure to disclose any such contractual or personal relationships will be cause for disqualification of the Bid. Additionally, the Towing Company shall give the City written notice of any other relationships – professional, financial or otherwise – that the Towing Company, any of its principals or employees, or any affiliate or subcontractor, enters into with the City, its elected or appointed officials, its employees or agents or any of its agencies or component

• Towing Company Qualifications and Experience

The Bid should state the size of the Towing Company, the location of the office from which the work is to be performed. If the Bid is a joint venture or consortium, the qualifications of each Towing Company comprising the joint venture or consortium should be separately identified and the Towing Company that is to serve as the principal

8 | P a g e should be noted. The Towing Company shall provide information on the nature, magnitude, and outcome of all litigation and proceedings for the previous three (3) years, where a court or administrative agency has ruled for or against the Towing Company in any matter related to the Towing Company’s professional activities.

• Registration Requirements

Towing Company’s doing business within the City Limits must be registered with the City. Requirements for registering a business are as follows:

Copy of City Business Tax Receipt (where your business is located).

Certificate of Insurance showing General Liability and Workers’ Comp (or State Worker’s Comp Exemption form).

For further information please contact the city’s building and zoning department at 386- 248-9442.

• State Certified/Registered Towing Company’s All towing companies, if required, must be registered with Volusia County. Volusia County Contractor Licensing, 123 W. Indiana Ave., Rm 203, Deland, Fl. 32720 (386) 736-5938 Option 0.

If you have any questions regarding the above requirements, please contact the business tax receipt official at (386) 248-9442.

4. BID EVALUATION

The City Staff will evaluate the Bids. The City Commission will have the final vote to select a Towing Company service provider for the City. Bids will be evaluated on the following criteria:

General

1.The Towing Company is independent and licensed to operate in the State of Florida. For the purposes of this agreement, 'independent' means that the Towing Company and its principals are not employed by, under contract with, or financially affiliated with the City of Holly Hill.

2. The Towing Company meets all the minimum requirements for bidders, listed in the technical qualifications.

3. The Towing Company has no conflict of interest with regard to any other work performed by the Towing Company for the City of Holly Hill.

4. The Towing Company is accepting responsibility for providing exclusive towing services for the City of Holly Hill, when requested by an authorized representative of the City.

5. The Towing Company adheres to the instructions in this Request for Bids in preparing and submitting the Bid.

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Technical Qualifications

1. The Towing Company’s past experience and performance on government engagements of comparable size and complexity.

2. Towing providers must maintain storage facilities that are physically located within the city limits of the City of Holly Hill. Facilities located outside the city limits, regardless of distance, will not be accepted.

3. The city reserves the right to bill the wrecker company for the cost of city services incurred as a result of a delayed response. The Towing Company must maintain a response time of 20 minutes or less for at least 95% of service calls, measured on a calendar month basis. For the remaining 5% of calls, response time must not exceed 30 minutes. Response time is defined as the duration from the time the City dispatches the service request to the arrival of the tow truck on scene. The City reserves the right to invoice the Towing Company for any costs incurred due to delayed response times, including but not limited to personnel, equipment, or other City resources deployed as a result of the delay.

4. The Towing Company’s primary storage facility must be open, or an employee on immediate call 24 hours a day, seven days a week, including holidays.

5. The Towing Company must comply with the Volusia County tow rate structure.

6. The Towing Company must supply a storage facility with a minimum of 200 spaces, with each space measuring 9’ by 19’ and be completely fenced. Two (2) spaces will be provided inside an enclosed building for police processing.

7. The Towing Company must own or lease at least 4 wreckers, which must include 2 class

“A” wrecker, 1 class “C” wrecker and 1 Roll Back car carrier.

8. The Towing Company must carry insurance meeting the following minimum requirements:

Workers’ Compensation Insurance, in compliance with Florida law, including Employer’s Liability Insurance with limits of at least $1,000,000 per occurrence.

General Liability and Automobile Liability Insurance with minimum limits of $1,000,000 per person, $1,000,000 per occurrence, and $500,000 for property damage; or, alternatively, a combined single limit of $1,000,000 for bodily injury and property damage, and a general aggregate of at least $2,000,000.

Garage Keepers Legal Liability Insurance, with sufficient coverage for vehicles in the care, custody, and control of the Towing Company.

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The City of Holly Hill must be named as an Additional Insured on all applicable policies, and the Towing Company must provide the City with current certificates of insurance reflecting this status. All insurance policies must include a provision for 30 days’ written notice to the City prior to cancellation or material change in coverage.

9. Upon award of the contract, the Towing Company must provide a cash bond in the form of a check or cash deposit equal to one month’s payment to the City (1/36 of the total contract amount). This bond will be held by the City as security for the timely and full payment of all fees owed by the Towing Company under the agreement.

10. No owner, partner, employee, or agent of the Towing Company shall have been convicted, entered a plea of “no contest”, entered into a “Deferred Prosecution Agreement” with the State Attorney’s Office, or have any pending criminal charges, or any felony or a misdemeanor regardless of whether civil rights have been restored.

Fee Bid

The total all-inclusive maximum fee must cover the full duration of the Towing Company Agreement. Please note that, once all minimum qualifications and requirements are met, price will be the sole determining factor in the selection of the Contractor.

Local Vendor Preference

The City of Holly Hill follows a local vendor preference policy adopted by resolution.

This preference may be applied in accordance with the procedures and conditions outlined in the City’s Purchasing Policy. Vendors seeking clarification should refer to the most recent version of the Purchasing Policy or contact the City’s Procurement Office.

5. AWARD AND EXECUTION OF CONTRACT

CONTRACT AWARD PROCEDURES

When a Proposal has been determined to be satisfactory, a contract will be awarded to the lowest responsive and responsible Bidder, in accordance with the timeline established by the City of Holly Hill.

The Bidder to whom the award is made shall execute the contract and return it, along with the required cash bond and insurance certificates, to the City within the time specified in the award notice. The required cash bond shall be in an amount equal to one thirty-six (1/36) of the total value of the awarded contract.

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The contract will begin on October 1, 2025. By submitting a Proposal, the Bidder agrees to this start date and to keep the Proposal and all required documentation valid through the contract execution.

All executed contracts, bonds, and insurance certificates shall be submitted in duplicate, or in as many copies as the City may require.

AWARDS

The CITY reserves the right, in its sole discretion, as the best interest of the CITY may require, to make award(s) by individual item, group of items, all or none, or a combination thereof; on a geographical basis and/or with one or more vendors, contractors, consultants or specialists; or to reject any and all Submittals or waive any minor irregularity or technicality in the Submittals received.

CANCELLATION OF AWARD

The Owner reserves the right to cancel the award of any contract at any time prior to its execution by the Owner.

6. RULES AND LEGAL REQUIREMENTS

PATENTS AND ROYALTIES: The Towing Company, without exception, shall indemnify and hold harmless the City of Holly Hill and its employees from liability of any kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Holly Hill. If the Towing Company uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the Submittal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work.

PUBLIC ENTITY CRIMES INFORMATION STATEMENT

A person or affiliate who has been place on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount, provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

PROHIBITION OF GIFTS TO CITY EMPLOYEES

No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any City employee, as set forth in Chapter 112, Part III, Florida Statutes, the City of Holly Hill purchasing policy section 14.2 and section 10.4.1

12 | P a g e of the City of Holly Hill Personnel Rules and Regulations. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with City staff for a specified period of time; b.

Prohibition by the individual and/or firm from doing business with the City for a specified period of time, including but not limited to: submitting bids, IFB, and/or quotes; and, c.

immediate termination of any contract held by the individual and/or firm for cause.

NON-NEGOTIABILITY OF AGREEMENT

The Agreement included in this IFB package is non-negotiable and will be incorporated into the final contract without modification.

By submitting a proposal, the Bidder acknowledges and agrees to all terms and conditions set forth in the Agreement. No alterations, exceptions, redlines, or edits to the Agreement will be accepted.

Any proposal submitted with changes to the Agreement may be deemed non-responsive and rejected without further consideration.

LOBBYING

All Bidders are hereby notified that lobbying the City Commission, City staff, or any other City officials regarding this solicitation is strictly prohibited from the time of bid issuance until final award.

Firms and their representatives shall not engage in meetings, introductions, meals, or other contact with City Commissioners or employees regarding this bid, except as specifically authorized.

All communications regarding this solicitation must be directed only to the City’s designated contact (mmearsheimer@hollyhill.org). Violation of this provision may result in disqualification from the bidding process.

PROTEST PROCEDURES

Any appeal or protest to the Request for Bid shall be governed by the City of Holly Hill’s current Purchasing Policies and Procedures, as amended. A copy of the Purchasing Policies and Procedures is available upon request from the City Clerk.

IMMIGRATION REFORM AND CONTROL ACT

Proposer acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.

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Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the City shall have the discretion to unilaterally terminate said agreement immediately.

LIABILITY: The Towing Company shall hold and save the City of Holly Hill, its officers, agents, and employees harmless against claims by third parties resulting from the Towing Company’s or supplier’s breach of contract or negligence, including all attorney’s fees and costs, and shall pay any and all damages, fees, and costs assessed on behalf of the City.

The City expressly reserves all rights, privileges and benefits of sovereign immunity.

NON-APPROPRIATION OF FUNDS: In the event sufficient budget funds are not available for a new fiscal period, the CITY shall notify the Towing Company of such occurrence and the contract shall terminate on the last day of the current fiscal period, without any penalty or expense to the CITY of any kind whatsoever.

LICENSES AND PERMITS: The Towing Company is responsible for obtaining all necessary permits and licenses to comply with all Federal, State, local laws, rules and regulations required to perform work in accordance with the specifications.

TAXES: The City of Holly Hill is exempt from Federal Excise Taxes and all sales taxes.

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7. REQUIRED FORMS

The following documents are attached and made a condition of this bid. All forms must be completed and submitted with your bid package. Items marked “(Notarized)” must be notarized:

________ 1. Bid Form

________ 2. Acknowledgement of Agenda Form ( Notarized)

________ 3. Statement of Bidder Qualifications ( Notarized)

________ 4. Sworn Statement under section 287.133(3)(a) (Notarized)

________ 5. Anti-Collusion

________ 6. Drug-Free

________ 7. Compliances with Public Records Law

________ 8. Vendor E-Verify Affidavit (Notarized)

________ 9. W-9

________ 10. Public Liability and Property Damage and Workman’s Compensation

________ 11. Certificate of Insurance Workman’s Compensation

________ 12. Notice of Award Form

________ 13. Towing Company Agreement (Last Page of the Agreement, signature page)

_________ 14. Cash Bond ( Submit Cash Bond- Check required)

_________ 15. City of Holly Hill Insurance Requirements (Provide Certificate)

*Refer to the Technical Bid Requirements for detailed descriptions of the following items:

_________ 16. Affirmative Statement- Independence from the City

_________ 17. Affirmative Statement – License to Practice in the State of Florida

_________ 18. Conflict of Interest / List Relationships with the City of Holly Hill

_________ 19. Towing Company Qualifications and Experience

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FOR

CITY OF HOLLY HILL

TOWING COMPANY AGREEMENT

BID NO. 25-PD-04

(To be completed in Duplicate)

Bidder’s Name:_________________

Submitted: , 20

City of Holly Hill City Clerk 1065 Ridgewood Avenue Holly Hill, FL 32117

To Whom it May Concern:

The undersigned, as Bidder, hereby declares that the only person or persons interested in the Proposal, as principal or principals, is or are named herein and that no other persons than herein mentioned has any interest in the Proposal or the Contract to which the work pertains; that this Proposal is made without connection or arrangement with any other person, company, or parties making a bid or proposal and that the Proposal is in all respects fair and made in good faith without collusion or fraud.

The Bidder further declares that they are fully familiar with the nature and scope of the services required under this Towing Company Agreement, including but not limited to the towing, impounding, storage, and release of vehicles; compliance with all applicable Federal, State, and local laws and regulations; and any licensing, insurance, and operational requirements set forth by the City of Holly Hill. The Bidder acknowledges that they have reviewed the Contract Documents and specifications and fully understand the obligations required.

The Bidder proposes and agrees, if this Proposal is accepted, to enter into a contract with the City of Holly Hill (Owner), to furnish all necessary towing vehicles, equipment, labor, personnel, dispatching capabilities, storage facilities, recordkeeping systems, and any other resources necessary to perform the towing and related services described in the Contract Documents.

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The Bidder further agrees to meet all required performance standards, including response times, reporting protocols, vehicle storage requirements, and customer service expectations, and to comply in all respects with the timelines and service levels described in the Contract Form.

The Bidder acknowledges and agrees to any liquidated damages provisions stated in the Contract Form, which represent agreed-upon compensation to the City for failure to meet contractual service requirements or deadlines.

The undersigned offers to provide all towing-related services, equipment, and personnel required for the:

TOWING COMPANY AGREEMENT

for the City of Holly Hill, Florida, complete in every respect and in strict accordance with the specifications, requirements, and any future amendments issued by the City. Pricing and compensation will be addressed in accordance with the final agreement and supporting documentation provided by the City during the evaluation and contract award process.

The bid total is:

(In Words)

Dollars $_____________________ (In Figures)

One (1) original and (1) electronic copy on USB flash drive of the Proposal, all addenda, if any, and all other required supporting documentation shall be submitted in an opaque, sealed envelope, addressed to the Owner. The name of the Bidder shall appear in the upper left-hand corner of the envelope and the following notation shall appear in the lower left-hand corner.

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ACKNOWLEDGMENT OF ADDENDA

Addenda to this bid may be issued by the City of Holly Hill via email or other formal communication. It is the Bidder’s responsibility to ensure that all addenda issued prior to the bid due date have been received and reviewed.

Acknowledgment is hereby made of the following Addenda received in connection with this bid:

• Addendum No. _______ Date: ______________

• Addendum No. _______ Date: ______________

• Addendum No. _______ Date: ______________

Cash Bond Acknowledgment

Attached hereto is a cash bond or bid bond in the amount of one thirty-sixth (1/36) of the total bid amount, made payable to the City of Holly Hill.

made payable to _________________________(Owner).

(Name of Bidder) (Affix Seal)

(Signature of Officer)

(Title of Officer)

Name of Bidder

Address

City/State/Zip

Telephone

Towing Company Florida License Number

The full names and residences of persons and firms interested in the foregoing bid, as principals, are as follows:

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STATEMENT OF BIDDER'S QUALIFICATIONS

All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets.

The bidder may submit any additional information he desires.

A. Name of bidder.

B. Permanent main office address.

C. When organized.

D. If a corporation, where incorporated.

E. How many years have you been engaged in the contracting business under your present firm or trade name?

F. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.)

G. General character of work performed by your company.

H.(1) Have you ever failed to complete any work awarded to you? If so, where and why?

H.(2) Provide list of any lawsuits or judgments filed by or against your company in the last three years, indicating the nature and outcome.

I. Have you ever defaulted on a contract? If so, where and why?

J. List the more important projects recently completed by your company, stating the approximate cost for each and the month and year completed.

K. List your major equipment ___________________________________________.

L. Experience in Towing work similar in type to this project.

M. Background and experience of the principal members of your organization, including the officers.

N. Credit available: $________________________________________________

O. Give bank reference: _______________________________________________

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P. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner?

Q. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the Owner in verification of the recitals comprising this Statement of Bidder's Qualifications.

Dated at this day of , 20____.

Name of Bidder

By:

Title ________________________________ State of

County of

____________________________________________ being duly sworn deposes and says that he is the _____________________________ of________________________and that the answers to the _________________________________________ foregoing questions Name of Organization and all statements therein contained are true and correct.

Subscribed and sworn to before me this ______ day of ____________, 20____.

Notary Public

Notary Public (Print or Type) My commission expires:

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SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON

PUBLIC ENTITY CRIMES:

This sworn statement is submitted with Bid, Proposal or Contract No. _______ for

This sworn statement is submitted by ___________________________________whose business address is _______________________________________________________and (if applicable) its Federal Employer Identification Number (FEIN) is__________________. (If the entity has no

FEIN, include the Social Security Number of the individual signing this sworn statement:

My name is _____________________________ any my relationship to the entity named above is

I understand that a "public entity crime" as defined in Paragraph 287.133(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

I understand that "convicted" or "conviction" as defined in Paragraph 287.133(i)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contenders.

I understand that an "affiliate" as defined in Paragraph 287.133(l)(a), Florida Statutes, means:

1. A predecessor or successor of a person convicted of a public entity crime: or

2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime.

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The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be prima facie that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

I understand that a "person" as defined in Paragraph 287.133(i)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.

Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies).

Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989.

The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.)

There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.)

_____ The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order).

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(Signature) Date:

State of ____________________County of_____________________

PERSONALLY, APPEARED BEFORE ME, the undersigned authority, ____________________ who, after first being sworn by me, affixed his/her signature in the space provided above on this

_________day of______________, 20__.

Notary Public

My Commission Expires:

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ANTI-COLLUSION STATEMENT

By signing this form, the bidder agrees that this is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a proposal for the same purpose and that the proposal is in all respects fair and without collusion or fraud.

SIGN in ink in the space provided below. Unsigned bids will be considered incomplete, and will be disqualified, and rejected.

IT IS AGREED BY THE UNDERSIGNED BIDDER THAT THE SIGNING AND DELIVERY OF THE

BID REPRESENTS THE BIDDER'S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE

FORGOING SPECIFICATIONS, CONTRACT AND PROVISIONS, AND IF AWARDED, THIS

CONTRACT WILL REPRESENT THE AGREEMENT BETWEEN EACH OF THE GOVERNMENTAL

PARTIES.

NAME OF FIRM: ______________________________________________________________

SIGNED BY: __________________________________________________________________

(MUST BE SIGNED BY A COMPANY OFFICER OR AUTHORIZED AGENT)

TITLE: _______________________________________________________________________

ADDRESS: ___________________________________________________________________

CITY AND STATE: ____________________________________________________________

TELEPHONE: _________________________________________________________________

COMPLETION TIME: __________________________________________________________

NO proposals will be withdrawn for a period of ninety (90) days subsequent to the opening of the proposals, without the consent of the City of Holly Hill.

NO BID (REASON) ____________________________________________________________

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DRUG FREE/TIE PREFERENCE STATEMENT

In the event of a tie bid a preference is given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special conditions are as follow:

IDENTICAL TIE BIDS - Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drugfree workplace program shall be given preference in the award process.

Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction or, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

5. Impose a sanction on, or require the satisfaction participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted.

6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.

VENDOR'S SIGNATURE

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COMPLIANCE WITH THE PUBLIC RECORDS LAW

Project Number: 25-PD-04

Upon award recommendation or ten (10) days after opening, submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Proposers must invoke the exemptions to disclosure provided by law in the response to the solicitation, and must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. The submission of a proposal authorizes release of your firm’s credit data to the CITY.

If the company submits information exempt from public disclosure, the company must identify with specificity which pages/paragraphs of their bid/proposal package are exempt from the Public Records Act, identifying the specific exemption section that applies to each. The protected information must be submitted to the CITY in a separate envelope marked accordingly.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,

FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT

Valerie Manning, City Clerk 386-248-9441 vmanning@hollyhillfl.org

1065 Ridgewood Ave Holly Hill, FL 32117

A provision that requires the contractor to comply with public records laws, specifically to:

1. Keep and maintain public records required by the public agency to perform the service.

2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency.

4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency.

By submitting a response to this solicitation, the company agrees to defend the CITY in the event we are forced to litigate the public records status of the company’s documents.

Company Name: __________________________________________________

Authorized representative (printed): ____________________________________

Authorized representative (signature): __________________________________

Date: ________________________

VENDOR E-VERIFY AFFIDAVIT

IN ACCORDANCE WITH SECTION 448.095, FLORIDA STATUTES

I, the undersigned, hereby certify that ____________________________________ (Insert contractor company name) does not employ, contract with, or subcontract with an unauthorized alien, and is otherwise in full compliance with Section 448.095, Florida Statutes.

I acknowledge that is my responsibility to ensure full compliance with Section 448.095, Florida Statues. I am aware enrollment in the E-Verify system for employers can be done at www.e-verify.gov.

A true and correct copy of ____________________________________ (Insert contractor company name) proof of registration in the E-Verify system is attached o this Affidavit (print out the first 2 pages and send along with this form.)

By affixing my signature below, I hereby affirm that I am duly authorized to bind the company referenced herein and I will comply with all applicable E-Verity requirements.

(Print or Type Name, Title) (Signature of Affiant)

(Federal Employer ID Number – FEIN) (E-Verify Number)

STATE OF FLORIDA

COUNTY OF _______________________________

The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this _____day of _____________, 20_______, by __________________________ as ___________________ of _________________________ on behalf of the company. He/she is personally known to me or has produced ___________________ (type of ID) as identification.

Notary Public, State of Florida at Large

Printed, typed or stamped date, commission and expiration of commission term http://www.e-verify.gov/

Form W•9 (Rev. March 2024) Department of the Treasury Internal Revenue Service

Request for Taxpayer Identification Number and Certification

Go to www.irs.gov/FormW9 for instructions and the latest information.

Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below.

Give form to the requester. Do not send to the IRS.

1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner's name on line 1, and enter the business/disregarded entity's name on line 2.)

2 Business name/disregarded entity name, if different from above.

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