RFP2025-156 Towing .pdf

CITY OF LONG BEACH

SPECIFICATIONS

FOR

RFP2025-156 TOWING

CITY COUNCIL

Brendan Finn, President Christopher Fiumara, Vice President

John D. Bendo Roy Lester

Michael Reinhart

CITY MANAGER

Daniel Creighton

CORPORATION COUNSEL

Frank Dikranis, Esq.

Purchasing Department

City Hall • 1 West Chester Street • Long Beach, New York 11561

(516) 431-1006 (P)

Purchasing@longbeachny.gov • www.longbeachny.gov http://www.longbeachny.gov/

TABLE OF CONTENTS

RFP2025-156 TOWING (re-proposal)

NOTICE TO BIDDERS 3

INFORMATION FOR PROPOSAL 4 - 10

NON-COLLUSIVE CERTIFICATION 10

WAIVER OF IMMUNITY 10

STATEMENT OF EQUALITY 10

TOWING HISTORY 11

PROPOSAL 12 - 15

FACILITY COMPLIANCE CERTIFICATE 16

EXPERIENCE QUESTIONNAIRE 17 - 21

SUBMITTAL CHECKLIST 22

GENERAL SPECIFICATIONS 23 - 27

DETAILED SPECIFICATIONS 28 – 30

RFP CONDITIONS 31

EVALUATION CRITERIA 32

ATTACHMENT A – BIDDERS QUALIFICATION STATEMENT 33

STATEMENT OF UNDERSTANDING 34

DISCLOSURE FORM 35

NON-COLLUSIVE BIDDING CERTIFICATION 39

INSURANCE CERTIFICATION 41

ACKNOWLEDGEMENT OF ADDENDA 42

ATTACHMENT B – TOW RATES/STORAGE FEES 43

IMPORTANT NOTE TO POTENTIAL PROPOSERS: Receipt of these RFP documents does not indicate that the City of Long

Beach (the “City”) has pre-determined your company's qualifications to receive a contract award. Such determination will be made after the review of Proposals received and will be based on our evaluation of your submission compared to the specific requirements and qualifications contained in these bid documents.

NOTICE TO PROPOSERS

SEALED REQUESTS FOR PROPOSALS will be received by the Purchasing Agent of the City of Long Beach, on the 29th day of May, 2025, at 11:00 a.m. (the “Submission Date”), or as extended, for:

RFP2025-156 Towing

The public will have an opportunity to see and hear the proposal opening live at:

https://www.youtube.com/c/cityoflongbeachNYOFFICIAL.

Proposals may be mailed or delivered to the Purchasing Agent, 1 West Chester Street, Room 509, Long Beach, New York 11561, no later than 11:00 a.m. on May 29, 2025.

No Proposals will be accepted after that time and date.

All Proposals must be sealed and submitted in an envelope marked “RFP2025-156 Towing” on the front of the envelope.

All PROPOSERS MUST complete the required Bidder’s Disclosure Statement, Non-Collusion Declaration, and must provide a copy of the required Statement of Financial Conditions, even if a Proposer/Bidder is currently executing work for the City.

It is the policy of the City to encourage the participation of DBE and M/WBE; by submitting a Proposal/bidding on this request for Proposals, the contractor acknowledges its understanding and support of this policy and pledges to fully cooperate with the City in meeting the requirements as set forth in the bidding and contract documents.

The City reserves the absolute right to reject any and all Proposals, and to waive any informalities therein.

The City will not contract with from any entity that is in arrears for prior expenses or fees owed to the City.

The award of this contract shall be made to the vendor(s) whose proposal is deemed to be the most advantageous to the City, in accordance with the criteria set forth in the RFP.

A Proposal submitted by a Proposer who is not in full compliance with the provisions of the City Charter and Code of Ordinances at the time of submission will be denied.

The City will not accept Proposals from, nor award a Contract to, anyone who cannot prove to the satisfaction of the City that the Proposer has sufficient experience and/or is financially able and organized to successfully comply with the requirements set forth herein.

DANIEL CREIGHTON

CITY MANAGER

DATED: Long Beach, New York May 1, 2025 https://www.youtube.com/c/cityoflongbeachNYOFFICIAL

CITY OF LONG BEACH

REQUEST FOR PROPOSALS

INFORMATION FOR PROPOSALS

The purpose of the attached specifications is to provide the City of Long Beach (the “City”) with the highest quality service in accordance with these specifications and best-accepted practices, upon terms and conditions which are beneficial to the City taxpayers.

All proposals are expected to be based on full compliance with the specifications. The solicitation and specification documents are considered to be part of the proposal and of any contract relating thereto.

The attention of all proposers is called to the Federal, State and municipal laws, rules, regulations and ordinances in reference to labor and materials, proposals, and all other matters pertaining to the relations between the City and the Contractor(s).

Proposers will be furnished with a copy of the specifications, proposals, and instructions, and any amendments, supplements and/or addenda. Proposals will be made by filling out the proposal form attached to the specifications in detail. Proposals shall be addressed to:

Rosemary Alton, Purchasing Agent

City of Long Beach

One West Chester Street, Room 509

Long Beach, NY 11561

The entire specification and proposal form must be returned to the Purchasing Agent in a SEALED envelope clearly marked: "RFP2025-156 Towing”

Proposals will be accepted until 11:00 a.m., Thursday, May 29, 2025, at the Office of the Purchasing

Agent, City of Long Beach, One West Chester Street, Long Beach, New York 11561.

Each proposal must be headed by the name of the Proposer and the address of the Proposer's principal office or principal place of business. Proposals containing only a post office box as a mailing address will be deemed inadequate and may, at the discretion of the City, be rejected. Where a proposal is made by a corporation, same shall be signed by a legally authorized officer of the corporation. As used herein, the term "person" shall include an entity.

Any person submitting a proposal for the proposed contract may submit to purchasing@longbeachny.gov a written request for an interpretation of the instructions or specifications. The Purchasing Agent shall furnish the inquirer with a written response prior to the deadline for submitting the proposal. The making of any necessary inquiry will be the responsibility of the proposer. Oral answers will not be binding on the City.

Do not include Federal, State and other taxes in proposal price. The City of Long Beach is exempt from payment of sales tax pursuant to Sec. 1116 of the Tax Law of the State of New York. The successful proposer(s) shall take necessary steps to eliminate the sales tax, if any, on purchases to be used under this contract and any projected sales tax expenses shall not be included in the proposal submitted.

Proposals may be withdrawn by written notice at any time prior to the scheduled time for the opening of proposals. However, once the proposals have been opened, no proposer may withdraw the proposal for a period of sixty (60) days from the date of opening.

Pursuant to Section 109 of the General Municipal Law of the State of New York, no contractor to whom, any contract shall be let, granted or awarded, as required by law, shall assign transfer, convey, sublet or otherwise dispose of the same, or his right, title or interest therein, or his power to execute such contract, to any other person or corporation without the prior written consent of the of the City of Long Beach.

PROPOSAL

The Form of Proposal contained herein shall be used in making proposals. Contractor shall prepare proposal using black ink or typewriter. Any proposal not in accordance with these instructions or containing proposals not asked for may be rejected. No proposal will be awarded unless the Contractor is known to be skilled in work of a similar nature to that covered by this proposal.

Proposals will be compared by total amounts.

Each Proposer shall fill out in ink, in both words and figures, in the space provided, a lump sum proposal.

If there is any discrepancy between the prices in words and figures, the prices in words shall govern.

DEPOSIT

Each proposal must be accompanied by a deposit equal to $5,000.00. The deposit must be in the form of a certified check and made payable to the City of Long Beach. Failure to include the deposit with the

Proposal may be cause for rejection of the Proposal. Proposal deposit will be returned upon award of contract to a qualified proposer.

The deposit shall be the measure of liquidated damages, which the City may sustain by the failure, neglect or refusal of the Proposer to execute and deliver the contract within ten (10) days after written notification of award, should the contract be awarded to the Proposer. The checks of all unsuccessful Proposers will be returned upon the rejection of all proposals or the execution of the contract.

mailto:purchasing@longbeachny.gov

NAME OF PROPOSER

Each Proposer must state in the proposal the full name and business address of the Proposer, and set forth the full name of every person, firm or corporation interested in the proposal. If no other person or entity be so interested, such fact must be distinctly stated. Each proposal from an entity shall include the name and residence address of each officer, member, director and shareholder of the entity.

Each Proposer shall state that the proposal is made without any connection, directly or indirectly with any other Proposer for the work particularly mentioned in the proposal and that it is in all respects without fraud or collusion.

Each Proposer shall also state that no person acting for or employed by the City is directly or indirectly interested therein, or in the supplies of work to which it relates, or in any portion of prospective profits thereof.

QUALIFICATIONS OF PROPOSER

1. The City reserves the right to reject any and all proposals that do not conform to the specifications, or upon which the Proposers do not comply with requirements of the City as to qualifications.

2. All Proposers must prove to the satisfaction of the City that they are reputable, reliable, and responsible, and that they possess the necessary qualifications (financial, labor, equipment and otherwise) to complete successfully the proposed work, and that they have performed and completed successfully similar work to an extent which, in the opinion of the City, will qualify them by experience to complete successfully the work proposed.

3. In determining the qualifications of a Proposer, the City may consider his record in the performance of any contracts entered into by him for the work contemplated or of similar nature, may make such investigation as it deems necessary to determine the ability of the Proposer to perform the work, and the Proposer shall furnish to the City all such information and data for this purpose as the City may reasonably request. (See "Experience Questionnaire").

4. The City shall be the sole judge of the qualifications of the Proposers and of the merits thereof and reserves the right to reject any proposal if the record of the Proposer in the performance of the contracts, payment of bills, and meeting of obligations to subcontractors, material men, or employees is not satisfactory to the City, or if the evidence submitted by or the investigation of such Proposers fails to satisfy the City that the Proposer is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

CONTRACTOR’S FACILITY REQUIREMENTS

The Proposer shall contact the Long Beach Police Commissioner to set up an inspection of its operation and facilities within 5 days after the proposal opening. The inspection is to determine whether or not the

Proposer meets the minimum qualifications set forth in the Proposal document. After the inspection, the

Police Commissioner or his designated representative shall issue a Letter of Compliance that the Proposer must submit prior to award of the contract. Failure to obtain a Letter of Compliance prior to the award may result in a rejection of the proposal, and upon such rejection the proposal deposit will be forfeited.

AWARD

The Proposer whose Proposal is awarded will be notified by the City.

CONTRACTOR'S INSURANCE REQUIREMENTS

The Contractor shall furnish proof of the required insurance, as more fully described in the Contract documents which are part of this Request for Proposals, within 10 business days of being notified that it has been awarded the contract and prior to commencement of any services pursuant to the Contract; failure to furnish proof of the required insurance within the said 10 business days may result in the City selecting the next qualified bidder. The City will not sign or execute the contract, nor authorize any work to be performed until all insurance requirements have been met and the proper insurance documents in proper form, including endorsements to policies where required, have been submitted and approved by the City.

Failure to provide the required insurance certificates and endorsements within ten (10) days of notification of award will result in Two Hundred Dollar ($200) per day penalty which will be deducted from the

Contractor’s proposal deposit. Failure to obtain and submit all insurance documents within thirty (30) days from the notice of award will result in termination of award and the Proposer shall be considered as having abandoned the same, and the deposit accompanying the proposal shall be forfeited to the City as and for liquidated damages.

The Contractor shall not commence work or services under this contract until all required insurance has been obtained by the Contractor and has been approved by the City. The Contractor shall obtain and have approved by the City all of the insurance coverage, policies, certificates and endorsements required by the

Contract.

All policies and certificates must provide that thirty (30) days prior written notice will be given to the City by certified mail for any cancellation or modification of the insurance. With respect to all policies in which the City is an additional named insured, Contractor shall supply policy endorsements to document such coverage.

The successful Proposer shall procure and maintain during the term of any agreement resulting from this RFP, with a carrier holding an “A” rating from AM Best Company, or its equivalent, and furnish certificates of insurance evidencing its procuring such as enumerated in the Insurance certification Form at page 17 of this document.

The foregoing policies must be presented to the City at the execution of the contract and endorsed to indicate the premium will be paid by the Contractor.

A Certificate of Insurance covering all the foregoing forms of insurance including the Hold Harmless

Agreement must be furnished to the City, in addition to an exact photocopy of the Comprehensive General

Liability policy required.

If the contractor becomes the successful Proposer, then within thirty (30) days of the date of Notice of

Award is issued, the contractor shall provide the City with proof of payment of all required premiums and/or coverage.

PERFORMANCE BOND

The Contractor will be required to provide, at Contractor's sole cost and expense, a Performance Bond in the amount of $50,000.00, in a form acceptable to the City Attorney. Such Performance Bond shall remain in effect until sixty days after the expiration of the contract.

RESPONSIBILITY OF PROPOSER

The City shall have the right to terminate any resulting contract upon written notice to the Contractor in accordance with Section 190.6 of Title 17 of the Official Compilation of Codes, Rules Regulations of the

State of New York (Appendix C).

Attention is hereby particularly directed to the provisions of the contract whereby the Contractor will be responsible for any loss or damage to person or property that may happen during the course of the work or any part thereof during its progress; and also whereby the Contractor shall make good any defects or faults that may occur during the progress of the work.

If the Contractor fails to abide by any of the provisions of this contract, then upon five (5) days’ written notice, the contract may be suspended immediately, pending a review and determination by the City, and the City may authorize another firm to perform services on an interim basis.

COMPLIANCE WITH THE LABOR LAW AND OTHER APPLICABLE LAWS

The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York, and particularly Article 8 thereof. This contract shall be void unless Sections 220 and 220-

D of said Labor Law are complied with.

Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and this contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party thereto, the contract shall forthwith be physically amended to make such insertion.

Section 220 of the Labor Law as amended provides that no laborer, workman or mechanic in the employ of the Contractor, sub-contractor or other person doing or contracting to do the whole or a part of the work contemplated by this contract, shall be permitted or required to work more than eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood or danger to life or property, that no such person shall be employed more than eight hours in any one calendar day, except in cases of extraordinary emergency that the wages to be paid for a legal day’s work as herein before defined, to laborers, workmen, or mechanics upon the work called for under this contract or upon any material to be used upon in connection therewith, shall not be less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the prevailing rate for a day's work in the same trade or occupation in the locality within the State where such work is to be done and each laborer, workman or mechanic employed by the Contractor, sub-contractor other person about or upon the work shall be paid the wages herein provided, that employees engaged in the contraction outside the limits of cities and Cities are no longer exempt from the provisions of the Labor Law which requires the payment of the prevailing rate of wages and eight hour day.

Section 220-E of the Labor Law, as so amended, prohibits in contracts discrimination on account of race, creed, color or national origin in employment of citizens upon public works.

There may be deducted from the security under this contract a penalty of Fifty Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of Section 220-E; provided, that for a second or any subsequent violation of the provisions of said paragraph, this contract may be canceled or terminated by the City and all monies due or to become due to Contractor hereunder may be forfeited.

TERMINATION

The City shall have the right to terminate any resulting contract upon thirty (30) days written notice to the Contractor, provided, however, that in the event the contract is terminated for Contractor default the contract may be terminated with or without prior notice at the City's sole discretion. In the event of termination by the City without cause, the City will pay the Contractor a pro rata refund of any amount paid to the City for the period of the contract term remaining after the termination date.

If, subsequent to award of a contract as a result of a Proposal submitted in response to this Request for Proposals, the Contractor shall fail to perform satisfactorily, the City reserves the right, upon termination for cause, to obtain the required services from other sources with or without additional proposals or bids.

For all such services, the Contractor held in default shall be liable for, and shall promptly reimburse the

City upon request, for any and all additional costs incurred, including but not limited to reasonable legal fees, court costs and/or filing fees.

COMMENCEMENT OF WORK

Work shall be commenced upon award, so long as all insurance, documentation, and all other requirements are satisfied.

PERFORMANCE OF WORK

Work is required to be performed to the satisfaction of the City and the Police Commissioner or his designee, and in substantial accordance with the specifications hereunto.

SUBLETTING OR ASSIGNING THE CONTRACT

The contract may not be assigned, in whole or in part, without prior written consent of the Long Beach

Police Commissioner, and underperformance by any subcontractor is subject to termination of such approval at any time. The Contractor shall not use or permit the use of the services of any person, other than an employee of the Contractor, in the performance of the services required by this Contract.

NON-COLLUSIVE BIDDING CERTIFICATION

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief:

(1) The prices in this bid have been arrived at independently without collusion,

(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and;

(3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition."

(4) That all requirements of law including mandatory provisions as to non-collusive bidding have been complied with.

WAIVER OF IMMUNITY

Pursuant to the provisions of Chapter 605 of the laws of 1959, as amended, if any person when called to testify before a grand jury concerning any transaction or contract with the State of New York, or a political subdivision thereof, or a public authority, or a public department, agency or official of any of the foregoing, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant questions concerning such transaction or contract, then, any such person, or any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqualified for a period of five (5) years after such refusal from submitting bids to, receiving awards, or entering into any contract with any municipal corporation or department or agency or official thereof. If such person refused to sign a waiver of immunity or to answer any relevant question as aforesaid, then this contract may be canceled or terminated by the City of Long Beach without the City incurring any penalty or damages by virtue of such cancellation or termination.

STATEMENT OF EQUALITY

Reference to trade names, manufacturer's names, minute details and/or methods of manufacture including material specifications, and/or model numbers in the specifications affixed hereto is merely intended to indicate a standard of excellence and/or to more suitably detail and explain the type of product desired.

Variations from specifications which do not materially affect the operational capability, the ease of maintenance, the physical ability to fit into space availability, the longtime operational economics, and/or spare parts stock and/or procurement shall not preclude the products of any and/or all manufacturers from being given due consideration in respect to the award of contract.

TOWING HISTORY

Provided below are the number of times the Long Beach Police Department has called a towing operator to tow a vehicle for services included in the scope of this Proposal listed period.

The City makes no representation that the foregoing history is representative of future calls, as past history is no guarantee of future recurrences. The foregoing statistics are provided only for informational purposes, and to assist in preparation of proposals. In the event the number of towing calls pursuant to the Contract is more or less than indicated by the prior history, the Contractor shall not be entitled to receive any refund of payments made to the City, nor credit against any payments due to the City, pursuant to the Contract.

RATE SCHEDULE

The Tow Operator may charge the owner or operator of any vehicle towed or stored pursuant to this RFP in an amount not exceeding the charges as stated in Appendix A of this RFP, unless the City Council of the

City of Long Beach authorizes such charges in higher amounts.

CONTRACT EXTENSION

The contract will be for a term of up to three years beginning the commencement date set forth in the contract, with an option for two (2) extensions, up to three (3) years each, in the sole discretion of the City. If the contractor accepts the extension offer, all unit prices shall remain in effect for the extension of the contract.

Period Total Accidents Impound

Tows

January–December 2019

January-December 2020

January–December 2021

833 781

January-December 2022

812 954

January-December 2023

January- December 2024

PROPOSAL FOR RFP2025-156 TOWING

Name:

ADDRESS: _

To: The City of Long Beach

One West Chester Street

Long Beach, New York 11561

DATE: _

The undersigned declares that the undersigned are the only persons interested in the proposal and that the proposal by the undersigned is made in good faith and without collusion or connection with any other person submitting a proposal for the same work. The undersigned further represents that the undersigned is complying with all requirements of New York State Law, including but not limited to those sections of the law regulating non-collusion in bidding.

The undersigned also declares that the undersigned has carefully examined and fully understands the Information for Proposers, the Form of Contract, Specifications, and the Form of Proposal and that the undersigned hereby proposes to furnish all labor, machinery, tools, materials and incidentals necessary to do such work or such item or items or work required for the towing and storage of vehicles for The City of Long Beach in accordance with proposal amount named in this Proposal at the sole and property cost and expense of the undersigned and in a first-class manner and in accordance with the specifications and the foregoing "Information for Proposers", all of which are a part of the Contract to such an extent as they relate to or govern the obligations herein proposed to be assumed and in accordance with the directions or instructions by the Police Commissioner acting for the City of Long Beach.

TOWING COMPANY:

CONTRACT PROPOSAL AMOUNT TO BE PAID TO CITY

For the contract to provide all labor, materials and equipment necessary for towing and storage of vehicles as described in these specifications, the Contractor declares that the Contractor will pay

The City of Long Beach no later than the 25the of the month for all tows performed in the previous month, the following amounts:

Unit Price per tow to be paid to The City of Long Beach for Towing

$ _Per Tow

Included in the above rates, the Tow Operator will tow each City owned vehicle (including vans, police and municipal vehicles) at the City’s request, disabled within the boundaries of the City of

Long Beach to the City Garage located at 601 Long Beach Boulevard, Long Beach, New York for the following rate per vehicle during the following hours:

Mondays through Fridays between 4:00 P.M. to 7:00 A.M.

$60.00 per towed passenger vehicle

$100.00 per towed City Truck

Fridays 4:00 P.M. through Monday 7:00 A.M. City Holidays

$75.00 per towed passenger vehicle

$150.00 per towed City Truck

Unit Price paid by the City of Long Beach to the Tow Operator for Towing or Road Service for each

City Owned vehicle will be invoiced separately.

Included in the above rates, the Tow Operator will tow each motor vehicle (including vans, police and municipal vehicles, buses, and trucks) disabled (accident, impound or road service) within the boundaries of the City of Long Beach to the Tow Operator's facility as authorized by the City and in compliance with the City specifications for a towing license. If the owner or operator of the vehicle has not been incapacitated or removed from the accident scene the owner or operator may elect to have the vehicle towed to an alternate location (accidents or road service) and pay the tow charges, based upon the rates in accordance with the City Code. If towing a City owned or leased vehicle, the vehicle will be towed to a location specified by the Long Beach Police Department or its designee, without additional towing charges.

If the owner or operator of the vehicle has not been incapacitated or removed from the accident scene the owner or operator may make his/her own arrangements for any tow service qualified pursuant to the City Code that is available to respond to the scene within thirty (20) minutes during normal business hours, or twenty (20) minutes after normal business hours, to remove the vehicle unless the

Police Officer on the scene determines, in such Officer's sole discretion, that such delay would be a danger to public safety, health or welfare.

NOTES:

1. The Contractor is hereby forewarned that the City reserves the right to reject any proposal if the City determines that the Contractor does not meet the minimum qualifications.

2. It is understood that the quantities shown on the Towing History schedule are solely for the purpose of Proposer to develop a proposal, and that the City does not represent that similar towing requirements will arise during the term of this agreement.

PROPOSER:

PROPOSER ADDRESS: _

PROPOSER’S F.E.I.N.: _

PROPOSER’S TELEPHONE NUMBERS: _

Day: _________________________________ Night: _____________________________

Emergency Contact Cell: Email:

SIGNATURE:

PRINT NAME: _______________________

TITLE: ______________________________

DATED:

The full name and residences of all persons and parties interested in the foregoing proposal as principals, or as officers, directors, shareholders or members, are as follows (additional pages may be supplied with this information):

NAME AND TITLE ADDRESS

TOWING OF VEHICLES FACILITY COMPLIANCE CERTIFICATE

Proposer:

Mailing Address: _

Phone Number: _ Cell Number:

E-Mail:

Facility Location(s): _

Owned Since (Please provide copy of deed):

Leased: (if leased, give term of Lease, and provide copy of lease, Lease Term: ____________

Other user (Check One): Yes ______ No: _______

(If yes, add addendum explaining)

Proponing: _

Total # of spaces available for storage of vehicles: _

Site Inspection By:

Name Date

EXPERIENCE QUESTIONNAIRE

Submitted to: THE CITY OF LONG BEACH

By:

(Proposer)

Principal Office: _

Telephone: _

The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made.

1. How many years has your organization been in business as a towing company and/or motor repair shop under your present business name?

2. How many years’ experience in work has your organization had?

(a) As a Motor Repair Shop? _

(b) As a Vehicle Towing Company?

3. Number and Type of Tow Trucks your organization owns presently and plans to use under this contract? (include vehicle identification numbers and current vehicle registrations:

4. Location of proposed storage yard:

5. What is the capacity of vehicles the proposed storage yard can accommodate?

6. Have you ever failed to complete any work awarded to you?

7. If so, where and why?

Has any officer, director, shareholder, member or principal of your organization ever held any such position with some other organization that failed to complete a vehicle towing contract?

If so, state the name of the individual, other organization and reason therefore.

8. Has any officer, director, shareholder, member or principal of your organization ever failed to complete a vehicle-towing contract handled in his/her own name?

If so, state the name of the individual, other organization and reason therefore.

9. Does the business currently have any litigation pending, if so, list dates and names of parties involved.

In what other lines of business are you financially interested?

10. For what corporation or individuals have you performed work? Provide names, addresses, and contact information.

11. For what towns, cities or villages in Nassau County have you performed towing work?

Provide names, addresses, and contact information.

12. For what New York State Bureaus or Departments have you performed work? Provide names, addresses, and contact information.

13. Have you ever performed any work for the U.S. Government? Provide names, addresses, and contact information.

14. Has any complaint been made to any regulatory agency with respect to any services provided by you, or any business or entity with which you have been associated, within the period commencing

September 1, 2011 until the date of submission of your application? If so, provide details, including the outcome of such complaint .

15. Have you or any officer, director, shareholder, member, principal or employee of your company been convicted of any crime during the period commencing September 1, 2011 until the date of your submission of your application, and are there any pending charges of criminal conduct against any such person? If so, please identify the individual involved, the jurisdiction where the conviction took place, the nature of the crime(s) and the disposition or status of the charges:

Dated:

Name of Organization:

By_______________________________

Print:_____________________________

Title:

STATE OF NEW YORK )

COUNTY OF )

:ss:

I, being duly sworn, deposes and says that he/she is the of and that the answers to the foregoing questions and all statements therein contained are true and correct.

Sworn to before me this ______day of__________ , 2021

Notary Public

SUBMITTAL CHECKLIST

No Proposal Will Be Considered Without Full Compliance

The following items must be provided with each proposal. All required certificates must be in the name of the proposer(s), and not in the name of third parties. Failure to supply the following may result in rejection of the proposal.

1. Department of Motor Vehicles Repair Shop Registration Certificate

2. Itinerant vehicle collector (15 NYCRR Part 81) Certification

3. Copy of Town of Hempstead or other municipal license.

4. Body and Fender Repair Shop license and location.

5. Name(s) and major interbank charge card(s) you use.

6. Proposal Deposit.

GENERAL SPECIFICATIONS

1. Applicability

The City intends to enter into a Contract with a duly qualified Towing Operator for the towing and storage of vehicles, trucks, equipment, etc. from City streets, parking fields or other locations where the City has jurisdiction. Such towing shall be provided upon the request of the Long Beach Police Department or other City departments at the request of the City.

The City intends to enter into one such Contract (the Primary Contract) with a person or entity to be the first towing operator called to provide such services at any site or incident. The holder of the Primary

Contract shall have the opportunity to tow and store all such vehicles, trucks, equipment, etc. which require removal from the site or incident, provided that the Contractor can do so within a reasonable period of time as determined by the Long Beach Police Department representative(s) at the scene to be necessary to clear vehicles and/or damage such that the public safety and convenience is protected. Pursuant to City

Code Chapter 24, the owner or operator of the vehicle may make his/her own arrangements for any tow service licensed by the City of Long Beach to respond to the scene within thirty (20) minutes during normal business hours, or within twenty (20) minutes after normal business hours, except where the Police

Officer on the scene determines that such delay would be contrary to the public health, safety and general welfare.

Neither the Contractor (as used herein the term refers to the holder of the Primary Contract), nor any other person or entity, shall engage in ·the business of commercial towing or emergency road service operations, solicit for such business, or engage in such activities on any City roadway unless authorized by the City.

Any person holding one of the foregoing contracts shall be obligated to respond to all calls for towing operations covered by the contract on a 24 hour per day, seven day per week basis without exception.

Each Proposer must be a duly qualified towing operator pursuant to the City Code.

The Contractor shall have a supervisor, competent in speaking and understanding the English language, present on the job site whenever any work is underway.

2. Towing Contracts

Contracts are not transferable, delegable or assignable without the prior written approval of the City. Upon the award of the contract, the City shall issue tower identification forms which must be kept in all towing vehicles at all times while conducting operations under the contract. Further, there must be displayed on each vehicle a sign clearly and prominently identifying the operator by name and address and telephone number. The address which must be displayed on the vehicle, and the address on the vehicle registration, are not required to be within any specified distance from the police station, nor are they required to be the address of the storage facility.

3. Qualifications

Contract(s) shall be awarded only to responsible and qualified Proposers. As a minimum, each applicant must be able to demonstrate that the Proposer meets the following qualifications, as well as any additional qualifications set forth in the City Code or the regulations promulgated pursuant thereto, as a prerequisite to obtaining a contract. Where the following qualifications conflict with the qualifications specified in

Chapter 24 of the Long Beach City Code, the stricter qualification or the one more favorable to the City shall apply:

(a) Availability. The contractor or one of its employees shall be reachable by phone at all times at a designated phone number or numbers. Contractors must respond to all calls for towing, or emergency road service operations covered by the contract on a 24 hour per day, seven day per week basis, without exception.

(b) Equipment. Contractor shall have suitable towing vehicles (at least 2 standard tows, 1 flatbed trailer and immediate access to a heavy duty wrecker) each radio-equipped and with such other equipment reasonably necessary to furnish emergency towing and road services as required under this contract.

(c) Response Time. Contractor must be able to respond to calls for towing services within twenty

(20) minutes upon receipt of call, as shown on a response call log which shall be maintained by the contractor and available for inspection by the City at all times. Logs, at a minimum, must indicate time of call, time of service, location of pickup, vehicle type, model, plate number, and storage location.

(d) Storage Facility. Contractor must own or lease a secure storage lot located within twelve (12) miles of the Long Beach Police Department Station, to protect towed vehicles from hazard of loss or damage. Any such lot shall be fenced, locked, adequately illuminated and for the lawful usage of the Proposer. Each such lot must be approved by the City of Long Beach and must have dedicated storage for a minimum of one hundred (100) vehicles. The storage facility must have an office on site where persons whose vehicles have been towed may transact business with the

Contractor and/or recover their vehicles seven days per week from 8:00 a.m. to 6:00 p.m. Lots also shall have camera surveillance equipment, that records and is considered reasonably satisfactory to the Long Beach Police Commissioner. Said camera surveillance system must be in place, fully operational and functioning, before the start of the contract. Such recordings must be made available to the Long Beach Police Commissioner upon request. The camera surveillance system must have the ability to provide recording for the duration of a time the vehicle remains in the contractor’s possession.

4. Proposal Requirements

(a) Proposers must submit with their proposals a certified check or cashier's check payable to the City of

Long Beach in an amount of $5,000. Proposal deposits will be returned to unsuccessful Proposers upon award of the contract to a qualified bidder.

(b) If an award is made and it shall be determined that the Proposer does not meet the qualifications established by the City, there shall be no refund of the proposal deposit and the City may then make the award to another Proposer.

5. Schedule of Charges

(a) No contractor may charge for towing in excess of the schedule of charges authorized by the City pursuant to City Code Chapter 24. The City of Long Beach may adjust the rates on an annual basis, but may not adjust the schedule downward without the consent of Contractor during the contract period.

(b) All contractors must honor at least two major interbank charge cards, two major credit card companies, and three major mobile or digital payment applications for services rendered under the

Contract.

(c) No contractor shall induce or require any owner or operator of a motor vehicle being towed or receiving any other services under this Contract to execute a waiver of liability for damages to his vehicle caused by the contractor, and no such waiver of liability shall be legally enforced.

(d) No contractor shall cause any owner or operator of a motor vehicle being towed or receiving any other services under this Contract to execute any agreement for services, including towing services, in any form than authorized by the City where the City has promulgated a standard form contract pursuant to Chapter 24 of the City Code. Any contract used by Contractor for any such purpose shall comply with Chapter 24 of the City Code.

6. Termination of Suspension of Towing Contracts

(a) Termination or suspension for regulatory violation. The City may terminate or suspend any contract awarded pursuant to this Proposal upon a finding of a violation of the terms of the contract, violation of City regulations, violations of law, or other incapacity. Contracts can be terminated or suspended whenever it is found that the contractor has failed to comply with the qualifications herein, or in its contract, or has fallen below these qualifications. Grounds for termination or suspension shall include, but shall not be limited to: charging in excess of the authorized schedule, failure to timely respond to towing calls, unsafe practices, failure to maintain proper insurance, failure to timely submit contract payments, or violation of the restrictions and regulations contained in City Code

Chapter 24 and the regulations promulgated thereunder. No refund shall be made to a contractor upon such termination or suspension.

(b) Termination or suspension in the public interest. The City is empowered to terminate or suspend any contract at any time without a specific finding of regulatory violation whenever it believes that the public interest or safety would better be served by such termination or suspension. However, in such case, the City shall refund to contractor, on a pro rata basis, that portion of the contract price paid by the contractor for the period of termination or suspension.

(c) If any contract is terminated or suspended, the City may in such event make such interim arrangements as may be necessary for the protection of public safety and/or to meet the City’s needs, pending an award of one or more other contracts for such services.

7. Emergency Situations

The Long Beach Police Department shall, whenever public safety or other emergent need requires, use other towing services on City of Long Beach roadways if the Primary Contractor cannot promptly provide service. Collisions resulting in the disabling of numerous vehicles, floods or other catastrophes, and for other good cause, shall be sufficient grounds to allow towing by additional operators during such periods where the City or the Long Beach Police Department reasonably determines that the Primary

Contractor cannot provide the necessary services as required for public safety or other emergent need.

8. Indemnity and Hold Harmless

The contractor shall assume all responsibility and liability for damages to persons or property that may accrue during the operation of any contractor's vehicles through the negligence of itself, its agents, employees, or from any other cause, and agrees to hold harmless and indemnify the City, its officers, agents and employees. For such purposes, the contractor shall obtain and maintain, at contractor's own cost and expense, for the term of the contract protective liability and other insurance in accordance with this RFP.

9. Abandoned Vehicles

It is hereby found that the presence of abandoned motor vehicles on City roadways, parking fields and other City of Long Beach owned properties subject to this part and Chapter 15, Article IV of the City of

Long Beach Code, is a public nuisance and danger and potential traffic hazard. The Primary Towing

Contractor shall be obligated, at the direction of the Long Beach Police Department, to remove said vehicles promptly and expeditiously, and secure the vehicles in its impound lot until disposition is made pursuant to NYS Vehicle and Traffic Law § 1224. The City shall not be liable to contractor for the cost of such towing, storage or impounding. The contractor agrees to accept, as total compensation for any and all obligations resulting from towing, storage and impounding such vehicles, the rights granted to the contractor under all applicable laws of the State of New York, consistent with NYS Vehicle and

Traffic Law § 1224 and the City of Long Beach. Disposition of all impounded vehicles shall be in accordance with all applicable laws of the State of New York, including NYS Vehicle and Traffic Law §

1224, and the laws of the City of Long Beach.

The Contractor shall keep a log of all towed abandoned vehicles available for inspection by the Long

Beach Police Department or any other City Representative.

10. Debris and Road Cleanup

The contractor shall, as a condition of its contract, clean up all debris resulting from the auto accident, impounded and/or abandoned vehicle, including speedy dry type application, and shall perform such other cleanup services as directed by a Police Officer. Failure to do so may result in contract termination. New York State Vehicle and Traffic Law § 1219 (c).

11. Release of Vehicle by Police Commissioner

At times it may be necessary to release an impounded vehicle because of a documented failure by a governmental agency to adhere to New York State Police Information Network (N.Y.S.P.I.N.) policy regarding vehicle owner notification, or as a result of erroneous vehicle history information received by the Police Department, the basis of which constitutes the underlying reason for the impound that was provided by a governmental agency other than the Long Beach Police Department. In both cases, the

Police Commissioner shall issue the appropriate order of release to the Towing Contractor, and

Contractor shall not be entitled to any payment, deduction or credit to the City for any amount due or paid to City pursuant to this Agreement.

DETAILED SPECIFICATIONS

1. Contract Fees

Contract fees are payable to the City of Long Beach and sent to the address shown.

City of Long Beach

1 West Chester Street

Long Beach, NY 11561

2. Monthly Remittance of Fees

The Successful Proposer shall remit all monies due to the City monthly as set forth in the underlying contract.

3. Response Log

The Contractor shall keep an accurate count of all service calls performed by the operator for each month and submit a written report of the same to the Police Commissioner monthly, no later than the fifteenth day of the following month.

The response call log shall be maintained by the Contractor and available for inspection at all times.

Logs, at a minimum, must indicate the time of call, time of service, name of person receiving call and dispatching call, name of City representative who requested the service, location of pickup, vehicle type, model, plate number and final destination of vehicle.

4. Storage Log

The Contractor shall keep an accurate storage log and shall make the log available for inspection at all times. A copy of such log shall be sent to the Police Commissioner monthly, no later than the fifteenth day of the month following the month reported. Logs, at a minimum, must indicate the date the vehicle was impounded, vehicle type, model, plate number and number of days the vehicle was stored. The

Contractor may elect to combine the Response and Storage Logs.

5. Abandoned Vehicle Log

The Contractor shall keep an accurate abandoned vehicle log and shall make the log available for inspection at all times. A copy of such log shall be sent to the Police Commissioner monthly, no later than the fifteenth day of the month following the month reported. Logs, at a minimum, must indicate the date the vehicle was abandoned, vehicle type, model, plate number and number of days the vehicle was stored. The Contractor may elect to combine the Response, Storage and Abandoned Vehicle Logs.

6. Contract Period

The contract will begin upon the commencement date provided for in the contract. The successful proposer may have the option to renew the contract, in the City’s sole discretion, for not more than two

(2) renewal periods. Each renewal period shall not to exceed three (3) years. If the successful proposer expresses its interest in exercising a renewal period, and the City determines in its sole discretion, to exercise the renewal period, all unit prices shall remain in effect as set forth in the contract, unless otherwise agreed upon by mutual consent of the parties in writing and made an addendum to the contract.

7. Department of Motor Vehicles Registration

Proposers shall be registered by the Department of Motor Vehicles as a repair shop and one of the following: Vehicle dismantler, salvage pool, mobile car crusher or itinerant vehicle collector (15

NYCRR Part 81) at the time of inspection. Any licenses and/or certificates required…