Request for Proposals TOWING AND EMERGENCY REPAIR SERVICES ZONE 1 WESTCHESTER COUNTY, NEW YORK

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1 Request for Proposals TOWING AND EMERGENCY REPAIR SERVICES ZONE 1 WESTCHESTER COUNTY, NEW YORK NOTICE IS HEREBY GIVEN, that the County of Westchester will receive proposals to provide Towing and Emergency Repair Services at County owned Properties, Facilities and for County Vehicles in Zone 1 Westchester County, New York. Such proposals must be filed with the Commissioner of Public Works in Room 518, 148 Martine Avenue, White Plains, New York by 5:00 PM, Friday, August 15, A separate License Agreement will be awarded to the highest responsible bidder whose proposal conforms and meets the specification and is in the best interest of the County of Westchester NOTE: The County of Westchester shall not be held responsible for the completeness or accuracy of any bid documents received by a vendor that were not directly issued to that vendor by the County of Westchester. Westchester County reserves the right to reject any or all bids. Page-1

2 GENERAL INFORMATION This Request for Proposals (RFP) consists of the following materials, and contains all pages listed below. All are considered to be part of the RFP proposal and of any License Agreement resulting there from. Page Request for proposal 1 General Information and List of included documents 2 & 3 General SC-1 thru SC-14 Schedule A Contract Forms SC-15 thru SC-24 Schedule B Rate Schedule SC-25 Schedule C Standard Insurance Provisions SC-26 & SC-26A Appendix A Zone 2 Map (Attached to Bid proposal) Appendix A-1 Left Blank Appendix A-2 List of Parks Location Appendix A-3 Towing Bill of Rights Proposal Page Proposal Page -P If any of the above items or any pages are missing from this RFP document, contact Thomas A. Hall, Department of Public Works at (914) immediately. A. Each RFP proposal submitted must include the following completed items: 1. Including completed proposal page-p 2. RFP Deposit Equal to 20% of the total 5 year RFP. The RFP deposit must be in the form of a certified or cashiers check payable to the County of Westchester, attached to the outside of the sealed RFP package. B. Please note requirement on Page Number SC - 2, paragraph 1 A separate agreement will be awarded for each zone. A firm or operator may hold a license agreement for only one zone at a time. The RFP will be awarded in whole to the highest responsible bidder whose proposal conforms and meets the specification and is in the best interest of the County of Westchester as determined by the County. AWARD OF RFP: The award will be made within forty-five (45) days after the opening of the proposals. LENGTH OF CONTRACT: This 5 year contract shall begin upon notification by the County (on or about October 01, 2008 through September 30, 2013). Page-2

3 A. General The County of Westchester seeks RFP from entities interested in providing towing and emergency repair services at County owned properties, facilities and for County vehicles Zone1, at rates set by the County. A description of the work is more fully set forth herein. A separate License Agreement will be awarded to the highest responsible RFP whose proposal conforms to the specified requirements for the following geographical zone within the County of Westchester: Zone 1: That portion of Westchester County bounded on the west by the Hudson River, on the east by the westerly limits of the Bronx River Parkway Reservation, on the south by the Westchester/Bronx line included within the bounds of this zone is that portion of the Bronx River Parkway, which extends from the Westchester County/New York City line north to the Harney Road intersection on the Town of Eastchester/City of Yonkers border and on the north by the following roadways: Route 119 extending from the Hudson River, to Route 9A extending to Dana Road; Dana Road extending to Sunshine Cottage Road; Sunshine Cottage Road extending to Peripheral Road; Peripheral Road extending to Route 100; Route 100 extending to Route 100C; Route 100C extending to Virginia Road and Virginia Road extending to the westerly limits of the Bronx River Parkway Reservation. This Zone shall also include all County owned land at the Valhalla Campus, abutting with and north of Dana Road, Sunshine Cottage Road and Peripheral Road. The Zone shall also include the parking lots for the North White Plains Train Station, east of the Bronx River Parkway. The Zone shall EXCLUDE lands owned by the Westchester Medical Center, the New York Medical College and the Campus of Westchester Community College. SC-1

4 A map delineating the zone is attached hereto as Appendix A. All submitters of RFP are advised to take careful note of the exceptions and exclusions applicable to certain zones, which are described in Part II, Specifications, of this RFP document. A separate License Agreement will be awarded for each zone. A firm or operator may hold a License Agreement for only one zone at a time. All RFP submitted must show proof that they operate and maintain a service station and vehicle storage facility. RFP appliers must provide the full name of its company and the location of the service station and vehicle storage facility including full street address, block and lot numbers. This information should be provided on the RFP Sheet attached to this RFP document, and is subject to County review and verification. All RFP submitter should, before submitting a RFP, carefully examine and understand the contents of the Information and Instructions, the Specifications and the annexed form of the License Agreement. These documents set forth the character, quality and quantity of work to be done, services to be rendered, and materials and equipment to be provided by the Licensee. Submitter of RFP must include with their RFP proposal for this zone, a RFP deposit equal to 20% of the total five (5) year of RFP revenue amount for the zone. The RFP deposit must be in the form of a certified or cashiers check made payable to the County of Westchester. RFP proposals which do not contain the required RFP deposit will be rejected. All such deposits will be returned within thirty (30) days after submitted RFP s are opened, except those which the County elects to hold until the award is made and a submitter of RFP executes the Agreement. The RFP deposit of the Licensee will be returned after the successful completion of all terms and conditions of this contract. SC-2

5 The County of Westchester reserves the right to make awards within forty-five (45) days after the date of the RFP opening, during which period RFP may not be withdrawn. The successful submitter of RFP for each zone will be required to execute, acknowledge and deliver to the County, the License Agreement, in triplicate, within five (5) days notice from the County that an award has been made and receipt of the License Agreement forms from the County. In the event that a Bidder who is awarded a license fails or refuses to deliver a duly executed License Agreement to the County within the five (5) day period, the amount of the RFP deposit may be considered forfeited and paid to the County. Upon execution of the License Agreement or forty-five (45) days after RFP s are opened, whichever is sooner, all deposits still held by the County shall be returned to the RFP appliers. The County of Westchester reserves the right to waive any informalities in the RFP s or to reject any or all RFP s. Except for the spaces specifically set aside in this RFP document for provision by RFP appliers of requested information, RFP submitters should not change or alter language, place additional language and/or attempt to delete language from the pages of this RFP document in any manner whatsoever. All RFP proposals must be in one copy and completed and executed in ink. Each RFP proposal submitted must include the following completed items: 1. proposal page, P-1 2. RFP Deposit (20% of total 5 year of RFP) SC-3

6 B. RFP Schedule Sealed RFP s must be submitted no later than 5:00 PM, Friday, August 15, 2008 late RFP s will be rejected. Amendments to or withdrawals of RFP s received after the date and time for submission of RFP s will not be considered. RFP s are to be submitted to: Michaelian Office Building Commissioner of Public Works 148 Martine Avenue, Room 518 White Plains, New York C. Inspection The County will inspect the operation and facilities of the successful bidder for each zone to determine whether the bidder meets the qualifications set forth in the Specifications. The inspections will be conducted within one week following the date of the bid opening. If any deficiencies are noted during the inspection, the bidder will be provided a written statement of deficiencies. A re-inspection will be conducted seven (7) days after the bidder is given the written statement of deficiencies. If the deficiencies have not been satisfactorily corrected by the time of the re-inspection, the bid will be rejected and the bid deposit will be forfeited and paid to the County. SC-4

7 D. Term of the License Agreement It is anticipated that work under the License Agreements will commence on October 1, 2008 and terminated on September 30, Please note when a privately owned vehicle is in need of routine car service in a County owned/maintained parking facility (e.g. lots, garage), the vehicle owner may upon proof of membership utilize his or her contracted towing service (e.g. AAA, GEICO). In the absence of proof of membership, i.e. ID card, the County approved towing contractor is the only authorized service provider. Auto club members will not be allowed towing services from their auto club for accidents at County parking facilities nor will they be allowed towing services from County roads which will remain exclusive to the Licensee. Please not that the State of New York during rush hour is providing road side assistance via the HELP program on the Bronx River Parkway. E. Payment of License Fees The license fee will be paid annually to the County in four equal installments as follows: 20% of annual bid on or before October 1, 2008, 2009, 2010, 2011, % of annual bid on or before January 1, 2009, 2010, 2011,2012, % of annual bid on or before April 1, 2009, 2010, 2011, 2012, % of annual bid on or before July 1, 2009, 2010, 2011,2012, 2013 Payment of the license fee must be made by certified check or cashier s check, payable to the County of Westchester and delivered to: Department of Public Works, 148 Martine Avenue, Room 507, White Plains, New York 10601, Attention: Director of Administrative Services. A Licensee s failure to make any one of the quarterly license fee payments on or before the listed installments date will result in a late fee being assessed as follows: The first thirty days after the due date 5% of the fee outstanding, and 2% per month thereafter on the total amount outstanding. SC-5

8 I. SPECIFICATIONS A. Hours of Operation and Response Time The Licensee must operate the License twenty-four (24) hours each day, seven days a week throughout the term of the License. The towing and emergency repair service shall be available at all times each day in order to respond to all calls within thirty (30) minutes for Bronx River Parkway and one (1) hour for all other calls at any time of day, as the failure to respond promptly to any call for service shall be grounds for termination of the License. All calls must be dispatched through the Westchester County Department of Public Safety ( DPS ). Licensee shall refer calls received from other County personnel or other persons to DPS and may initiate service only at the directions DPS. In addition, should Licensee fail to respond to a call within thirty (30) minutes (Bronx River Parkway) or within one (1) hour for all other calls as set forth above, the County shall have the right, power and authority to complete the services provided for in this Agreement, or contract for their completion, and any additional expense or cost of such completion shall be charged to and paid by the Licensee and Licensee will not receive any compensation for such failure to respond. B. Towing Destination For purposes of towing, the operator of the disabled vehicle is to be offered the option of being towed to either the nearest Bronx River Parkway exit (if applicable), the nearest service garage or storage lot, the Licensee s service garage or storage lot or to any other location off the Bronx River Parkway, County property or facility. In the event that the operator or owner of a vehicle is not present or readily available at the time the vehicle is towed, the Licensee shall tow the vehicle to whatever location is specified by the attending officer or representative of the Westchester County Department of Public Safety. SC-6

9 C. Rates and Fees 1. Rate Schedule: The applicable rates have been set by the County and are set forth in Schedule B of this Bid Document. Licensees may not charge more than the set rates for any of the services covered by the License Agreement. Licensees shall not charge for any services except those that are specifically authorized in the License Agreement or by the vehicle owner. 2. Vehicle Repairs: In the event that the owner of the vehicle authorizes the Licensee to provide repair services to his vehicle at the Licensee s service garage, the Licensee shall not charge more than the prevailing rates for such repairs. 3. Storage Fees: No vehicle storage fees shall be charged if the vehicle is removed from the storage facility within twenty-four (24) hours of the time it arrives at the storage facility. Licensee shall store vehicles only in a secure, fenced storage facility. Vehicle storage fees may be charged after twenty-four (24) hours. Vehicles must be available for release Monday through Saturday, 8:00 a.m. 6:00 p.m., at a minimum, except for the following holidays: New Year s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day. Storage charges shall not be applied for days that vehicles are not available for release. 4. Invoices: Licensees will be required to furnish and use a three-part invoice, in a format approved by the County, for all service calls performed pursuant to the License Agreement. The invoices shall include the rate schedule, as set forth in Schedule B. The invoices shall include the customer s name and address, date, time of arrival on scene and departure from scene and location of service and shall specify the types of services rendered, time expended, if applicable, and a calculation of the charges. One copy of the invoice shall be given to the customer, one shall be sent to the County by the tenth day of the month following each month of service and one shall be kept by the Licensee. All invoices shall include at the bottom the following notice in readable size point type: (Name of Licensee) is an independent contractor and is not an employee or agent of the County of Westchester. Any complaints or questions in regard to this towing operation may be referred to the Westchester County Department of Public Safety at (914) TOWING BILL OF RIGHTS. Failure to provide the customer with a copy of the Towing Bill of Rights may result in the cancellation of the contract. It is the Licensee responsibility to make copies of the Towing Bill of Rights which is attached to this document in Appendix A Rate Signs: Licensee shall affix and display a rate sign in a form and manner approved by the County, to each of the tow and/or road service vehicles used by the Licensee to provide services under the License Agreement. Rate signs must also be prominently posted and displayed at the Licensee s service garage and storage facility. SC-7

10 6. Charge Cards and Payment: All Licensees must honor at least one major bank credit card for service rendered under the License during all hours of operation. Licensees may not refuse to provide service if a motorist is not immediately able to pay. D. Registration, Licenses and Permits Licensee must be the operator of a motor vehicle repair shop registered with the New York State Department of Motor Vehicles under Article 12-A of the Vehicle and Traffic Law. Licensee shall also procure any and all other licenses, permits or approvals necessary for the legal operation of the business to be conducted under the License Agreement. E. Equipment, Storage Facility and Personnel 1. The Licensee shall have a minimum of two suitable radio equipped towing vehicles available to furnish towing and repair services under the License. One of these vehicles must be a properly equipped flatbed truck. These vehicles must be available for inspection and approval by the County of Westchester before award of a License Agreement. Towing vehicles not owned by a Licensee must be under sole lease to the Licensee and properly insured for the term of the Agreement. The original lease must be available for inspection by the County. Leased vehicles must also display the Licensee s name and address and the required rate sign. 2. The Licensee is to have qualified operator(s) available to respond to any calls at any time of the day under all weather conditions. 3. The Licensee must have available, for purposes of this License, a suitable, secure and fenced storage area capable of storing a minimum of 15 automobiles, located within ½ mile of the Licensee s service station. 4. The Licensee must provide and maintain the means for the direct telephone contact at all times so as to assure a response within thirty (30) minutes for Bronx River Parkway and one (1) hour for all other calls at any time of day. 5. The Licensee will be required to furnish, at its own cost and expense, all utilities and equipment necessary for the proper operation of the business to be conducted. F. Abandoned Vehicles At the direction of the County Department of Public Safety, the Licensee shall be required to tow any abandoned vehicles from County property or facilities or the Bronx River Parkway to its own service garage or storage lot and to secure such vehicles until disposition is made pursuant to the Vehicle and Traffic law. The County shall not be liable to the Licensee for the cost of towing, storage and impounding of any such abandoned vehicles. SC-8

11 G. County Owned Vehicles and Sheriff s Office Tows The Licensee shall be required to tow disabled County vehicles from any location within the Licensee s zone, to either the County garage, at 38 Brockway Place, White Plains, New York or to the Department of Public Safety, Saw Mill Parkway, Hawthorne, New York, at no charge to the County. The County will reimburse Licensee for any fines or charges imposed by local municipalities on disabled County vehicles, which Licensee pays in connection with such service calls. Licensee shall not tow or service County owned vehicles, which are leased to other entities by the County. Licensee may also be required to tow vehicles pursuant to court orders of repossession, at the request of the Department of Public Safety. Payment for such tows shall be pursuant to the applicable court order or judgment. H. Garbage and Debris All services shall be conducted in a careful and orderly manner so that no traffic hazard shall be created and the Licensee shall render prompt and courteous service. All waste material, including broken glass and loose parts shall be removed by the Licensee at the time and place where any work is performed. SC-9

12 I. Records The Licensee will be required to maintain records of all operations, and systems of bookkeeping are to be established in a manner satisfactory to the Commissioner of the Department of Public Safety. A log detailing all calls made under the License showing the date and time of call, location of call and time of service is to be maintained by the Licensee in duplicate and one copy is to be submitted to the Department of Public Safety by the tenth day of the following month, for each month of service. In addition, with the monthly submittal of copies of all invoices, a cover letter must be submitted giving a breakdown of the number of Towing Services rendered and a year-to-date summary of the number of Towing Services made under the contract. J. Authority to do Business in New York Any bidder which is a corporation not incorporated under the Laws of New York State must furnish from the New York State Secretary of State, a copy of its certificate of authority to do business in the State of New York in accordance with Article 13 of the New York State Business Corporation Law. K. Commercial Vehicles The rates set forth in Schedule B apply to cars, vans, and light-duty trucks up to 12,000 pounds loaded. Licensee will be permitted to charge the prevailing rate within the area for larger vehicles, which it tows or services within its Zone. SC-10

13 L. Insurance, Indemnification and Defense 1. Prior to commencing work, the Licensee shall obtain as its own cost and expense the required insurance from insurance companies licensed in the State of New York, carrying a Best s financial rating of A or better, and shall provide evidence of such insurance to the County of Westchester, as may be required and approved by the Director of Risk Management of the County. The policies or certificates thereof shall provide that thirty days prior to cancellation or material change in the policy, notices of same shall be given to the Director of Risk Management of the County of Westchester by registered mail, return receipt requested, for all of the following stated insurance policies. All notices shall name the Licensee and identify the Agreement. If at any time of the policies required herein shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Licensee shall upon notice to that effect from the County, promptly obtain a new policy, submit the same to the Department of Risk Management of the County of Westchester for approval and submit a certificate thereof. Upon failure of the Licensee to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Licensee to secure and maintain the required insurance shall not relieve the Licensee from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Licensee concerning indemnification. All property losses shall be made payable to and adjusted with the County. SC-11

14 In the event that claims, for which the County may be liable, in excess of the insured amount provided herein are filed by reason of any operations under the Agreement, the amount in excess of such claims or any portion hereof, may be withheld from payment due until such time as the Licensee shall furnish such additional security covering such claims in form satisfactory to the County of Westchester. 2. The Licensee shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the Special Conditions of the contract specifications): (a) Workers Compensation. Certificate Form C or State Fund Insurance Company Form U-26.3 is required for proof of compliance with the New York State Worker s Compensation Law. State Worker s Compensation Board Form DB is required for proof of compliance with the New York State Disability Benefits Law. Locations of operation shall be All locations in Westchester County, New York. (Where an applicant claims not to be required to carry either a Workers Compensation Policy or Disability Benefits Policy, or both, a temporary permit may be issued if the employer completes form C in duplicate. A copy of form c is sent to the Workers Compensation Board, Information Unit for investigation and report). If any employer is self-insured for Workers Compensation, he should present a certificate from the New York State Worker s Compensation s Board evidencing that fact. (b) Employer s Liability with a minimum limit of $100,000. (c) General Liability Insurance with a minimum limit of liability per occurrence of $1,000,000, for bodily injury and $100,000 for property damage or a combined single limit of $1,000,000 (c.s.1) naming the County of Westchester as an additional insured. This insurance shall indicate on the certificate of insurance the following coverage: (i) Premises Operations. (ii) Broad Form Contractual. (iii) Products and Completed Operations. (iv) Independent Contractor and Sub-Contractor. (v) Garage Keepers Legal Liability - $100,000. SC-12

15 3. All policies and certificates of insurance of the Licensee shall contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County of Westchester (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses by the above-described insurance. (b) The clause other insurance provisions in a policy or policies in which the County of Westchester is named as an insurer, shall not apply to the County of Westchester. (c) The insurance companies issuing the policy or policies shall have no recourse against the County of Westchester (including agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Licensee. 4. In addition to, and not in limitation of, the insurance requirements the Licensee agrees: (a) That except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of the County, the Licensee shall indemnify and hold harmless the County, its officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fee, attorneys fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the Licensee or third parties under the direction or control of Licensee; and (b) To provide defense for and defend, at it s sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related hereto. SC-13

16 M. Resolution of Disputes and Overcharges All complaints, questions, claims and disputes concerning services or overcharges of the Licensee in connection with its performance of services under the License Agreement shall be referred to and resolved by the Commissioner of Public Safety in conjunction with the Department of Public Works. Any other complaints about Licensees shall be referred to the appropriate County department or agency. N. Termination The County upon forty-eight (48) hours written notice to Licensee may terminate a license upon a finding of violation or breach of the terms of the License Agreement, violation of applicable laws or regulations, or other incapacity. Grounds for termination shall include but not limited to fraudulent acts, overcharges, failure to timely respond to calls, failure to comply with the contract qualifications, late payment of license fees, unsafe practices and failure to maintain proper insurance. No refund of the license fee shall be made in the event of such a termination. The County may also terminate the license upon (10) days written notice to the Licensee, when it deems such termination to be in the County s best interest. The County shall refund, on a pro-rated basis, any portion of the license fee paid by the Licensee for the period of termination. O. Service Call Clean-Up The License must provide all labor, materials and equipment to clean-up all debris on the roadway, shoulder or adjacent grass area, which resulted from a vehicle accident or damaged/abandoned vehicle. The licensee may not charge the County or individual vehicle owner for this required clean-up service, included under the terms of this agreement. SC-14

17 SCHEDULE A CONTRACT FORM AGREEMENT made the day of, 20 by and between: THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York and (hereinafter referred to as the County ) a business corporation of the State of New York having an office at (hereinafter referred to as the License ) W I T N E S S E T H: WHEREAS, the County desires to obtain towing and emergency repair services for vehicles at County properties and facilities, and for County vehicles; and WHEREAS, the Licensee desires to provide such services on the terms herein provided. NOW, THEREFORE, the parties in consideration of the terms and conditions herein contained do agree as follows: SC-15

18 1. DESCRIPTION: The County hereby grants to the Licensee and Licensee hereby accepts from the County, a License for the privilege of providing towing and emergency repair service at County properties and facilities and for County vehicles in Zone 1 (to be specified) as set forth in Schedule B, which is annexed to and made a part of this Agreement. Schedule B is comprised of a zone map, description of the zone covered by this License Agreement and a rate schedule applicable to the towing and other services to be provided by the License hereunder. 2. TERM: This License shall commence on October 1, 2008 and shall expire on September 30, 2013 unless sooner terminated as herein provided. Throughout the term hereof the Licensee shall operate the License granted hereunder for the accommodation of the public at such times and in such manner as the Commissioner of Public Safety ( Commissioner of DPS ) and Commissioner of Public Works ( Commissioner of DPW ) may reasonably prescribe (collectively Commissioners ). 3. LICENSE FEE: Licensee, as consideration for the privilege of operating this License, shall pay the County a license fee of DOLLARS (to be determined) annually. Payment shall be made by certified check or cashier s check payable to the County of Westchester and delivered to the Department of Public Works, 148 Martine Avenue, Room 507, White Plains, New York 10601, Attn.: Director of Administrative Services, in accordance with the following schedule: 20% of annual bid on or before October 1, 2008, 2009, 2010, 2011, % of annual bid on or before January 1, 2009, 2010, 2011,2012, % of annual bid on or before April 1, 2009, 2010, 2011, 2012, % of annual bid on or before July 1, 2009, 2010, 2011,2012, 2013 SC-16

19 A Licensee s failure to make any one of the quarterly license fee payments on or before the listed installment date will result in a late fee being assessed as follows the first thirty (30) days after the due date 5% of the fee outstanding, and 2% per month thereafter on the total amount outstanding. 4. OPERATION: Licensee shall be prepared to render services provided for hereunder twenty-four (24) hours each day, seven (7) days per week during the term of this License. Licensee shall respond to each request for such services within thirty (30) minutes (Bronx River Parkway) and one (1) hour all other calls from the time Licensee receives notice thereof. All calls must be dispatched through the Department of Public Safety (hereinafter DPS ). Licensee shall refer calls received from other County personnel or persons to DPS. Licensee may initiate service only at the direction of DPS. Services rendered hereunder shall be effected in a safe and orderly manner so as not to create or result in a traffic hazard. All debris including, but not limited to, broken glass and loose parts shall be removed by Licensee and disposed of in such manner as the Commissioner may direct. Please note when a privately owned vehicle is in need of routine car service in a County owned/maintained parking facility (e.g. lots, garage), the vehicle owner may upon proof of membership utilize his or her contracted towing service (e.g. AAA, GEICO). In the absence of proof of membership, i.e. ID card, the County approved towing contractor is the only authorized service provider. Auto club members will not be allowed towing services from their auto club for accidents at County parking facilities nor will they be allowed towing services from County roads which will remain exclusive to the Licensee. Please note that the State of New York during rush hour is providing road side assistance via the HELP program on the Bronx River Parkway. Licensee and its employees shall conduct themselves in a courteous and appropriate manner at all times during the performance of services under this Agreement. SC-17

20 Appendix A sets forth the geographical zone within the County of Westchester in which the Licensee is authorized to operate pursuant to the terms of this Agreement. Licensee shall operate and maintain a service station and vehicle storage facility at all times during the term of this Agreement. Schedule B also sets forth the maximum allowable rates for towing, repair and other vehicle assistance services. For purposes of this Agreement, a normal hoist or tow is defined as one where the vehicle is on a roadway or shoulder, where the operator is present and which requires no extra work due to the vehicle s condition. Licensee shall not exceed the rates set forth in Schedule B in billing vehicle owners for services rendered hereunder. In addition the Licensee shall present at time of service a copy of the TOWING BILL OF RIGHTS, Appendix A-3. In the event a disabled vehicle must be towed, the operator of the vehicle shall be offered the option of being towed to either the nearest exit of the Bronx River Parkway (if applicable), to the Licensee s service garage or storage lot, to the nearest service garage or storage lot or to any other location within the County of Westchester. The Licensee shall be required to tow abandoned vehicles to the Licensee s service garage or storage lot and to secure such vehicles until disposition is made in accordance with law. The County shall not be liable to the Licensee for the cost of towing, storage and impounding any such abandoned vehicles. Licensee may also be required to tow disabled County vehicles to the County Garage, 38 Brockway Place, White Plains, New York or to the Department of Public Safety, Saw Mill River Parkway, Hawthorne, New York at no charge to the County. Licensee acknowledge and agrees that the rental car agencies at the Westchester County Airport are authorized to use tow vehicles owned by them or under contract to them, to tow rental cars at the Airport and are not required to have their vehicles towed by the Licensee. Licensee further acknowledges and agrees that this Agreement does not apply to the County s solid waste stations, aircraft, de-icing tanks, boats or trailers. It is understood and agreed by and between the parties hereto that only minor road service repairs and towing are provided for hereunder and that Licensee shall undertake no major repair work pursuant to the terms of this License. Licensee represents and warrants that charges for any additional repair or service rendered shall not exceed the prevailing rates in the area or the charges normally imposed for such repairs or services by Licensee. The daily storage charge may be charged only after the involved vehicles has been parked at the Licensee s secured fenced storage facility for a period of twenty-four (24) hours. At a minimum, vehicles must be available for release Monday through Saturday 8:00 a.m. 6:00 p.m., except for the following holidays: New Year s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day. Storage charges shall not apply for days that a vehicle is not available for release. Licensee, at all times during the term of this License shall accept at least one major bank credit card in payment for services rendered hereunder. Licensee shall not refuse to render services hereunder for lack of the motorist s immediate ability to pay. SC-18

21 5. ACCOUNTS AND RECORDS: The Licensee shall keep accurate books of account and records of business operations hereunder in accordance with generally accepted accounting principles consistently applied and in a manner acceptable to the Commissioners. The County shall have the right to inspect and audit such records at all reasonable times to insure the Licensee s compliance with the terms of this License. Licensee shall keep and maintain all records related to this Agreement for a period of six years after the expiration or termination hereof. A log detailing all services rendered pursuant to this License shall be kept by Licensee in duplicate in such form as the Commissioners may require. The log shall include the date and time of call, location and time of service. One copy of said log shall be submitted to the Commissioners no later than the tenth day of each month detailing the prior month s services performed. 6. INVOICES: Licensee shall use a three-part invoice, in a format approved by the County, for all service calls performed by it pursuant to this Agreement. The invoices shall include the rate schedule, as set forth in Schedule B. The invoices shall include the customer s name and address, date, time of arrival on scene and departure from scene and location of service and shall specify the types of services rendered, time expended, if applicable and a calculation of the charges. One copy of the invoice shall be given to the customer, one shall be sent to the County by the tenth day of the month following each month of service and one shall be kept by the Licensee. All invoices shall include at the bottom the following notice in readable size type: (Name of Licensee) is an independent contractor and is not an employee or agent of the County of Westchester. Any complaints or questions in regard to this towing operation may be referred to the Westchester County Department of Public Safety at (914) EQUIPMENT AND BUSINESS PREMISES: The Licensee, as its sole cost and expense, shall supply, repair and replace all equipment required for the proper operation of this License. All such equipment shall comply with all applicable regulations and requirements. Licensee shall provide at a minimum two (2) suitable radio equipped towing vehicles, one of which shall be a properly equipped flatbed truck, available to render the services required pursuant to this License. The type, size and color of vehicles shall be approved by the Commissioner prior to their being put into service. Licensee shall have a rate schedule sign in a format approved by the County affixed to the towing and road service vehicles used by Licensee in the performance of this Agreement. Licensee shall provide a suitable and secured fenced storage area having a minimum capacity of fifteen (15) automobiles. Licensee shall provide and maintain the means for direct telephone contact at all times during the term of this License. 8. INSPECTION: The Commissioner or his authorized representative shall be entitled to enter any space or examine any vehicle or equipment used by the Licensee for provision of services hereunder for the purpose of inspecting, observing and monitoring any aspect of the Licensee s operation. The Licensee shall also permit inspection of same by any federal, state, county or municipal officer having jurisdiction. The Licensee, at its sole and expense, shall promptly remedy any and all violations issued as a result of such inspection. SC-19

22 9. ADVERTISING: All advertising and promotions to be employed by the Licensee in connection with the operation of this License shall be subject to prior written approval of the Commissioner. 10. PERSONNEL: The Licensee shall employ a sufficient number of trained, knowledgeable personnel to insure the safe, proper and courteous operation of this License. The License shall provide, and its employees shall carry appropriate employee identification. Employee identification shall be subject to the approval of the Commissioners. 11. ASSIGNMENT: The Licensee shall not assign, sublet, subcontract or otherwise dispose of this License, or any right, duty or interest herein, without the prior written consent of the Commissioners. No assignment, subcontracting, subletting or other such disposition of this License, either with or without such consent of the Commissioners, shall serve to relieve the Licensee of its obligations hereunder. 12. TERMINATION: (a) The County, upon ten (10) days notice to the Licensee, may terminate this Agreement in whole or in part when the County deems it to be in its best interest. In such event, Licensee shall be compensated and the County shall be liable only for payment for services already rendered under this Agreement prior to the effective date of termination at the rates specified in Schedule B. Upon receipt of notice that the County is terminating this Agreement in its best interests, Licensee shall stop work immediately and incur no further costs in furtherance of this Agreement without the express approval of the Commissioner, and Licensee shall direct any approved subcontractors to do the same. In the event of a dispute as to the value of the Work rendered by Licensee prior to the date of termination, it is understood and agreed that the Commissioner shall determine the value of such Work rendered by the Licensee. Licensee shall accept such reasonable and good faith determination as final. (b) In the event the County determines that there has been a material breach by Licensee of any of the terms of the Agreement and such breach remains uncured for forty-eight (48) hours after service on Licensee of written notice thereof, the County, in addition to any other right or remedy it might have, may terminate this Agreement and the County shall have the right, power and authority to complete the Work provided for in this Agreement, or contract for its completion, and any additional expense or cost of such completion shall be charged to and paid by Licensee. Without limiting the foregoing, upon written notice to Licensee, repeated breaches by Licensee of duties or obligations under this Agreement shall be deemed a material breach of this Agreement justifying termination for cause hereunder without requirement for further opportunity to cure. Licensee shall respond to each request for such services within thirty (30) minutes. SC-20

23 13. PERMITS AND REGULATIONS: The Licensee shall, at its sole cost and expense, procure and maintain in full force and effect for the term of this License, all permits, licenses and approvals from all applicable governmental authorities. Licensee shall maintain in good and current status its registration as a Motor Vehicle Repair shop with the State of New York. The Licensee shall comply with all applicable federal, state and local laws, rules, regulations and orders including, but not limited to the Labor Law, Workers Compensation Law, State Unemployment Insurance Law, Federal Social Security Law and all rules and regulations promulgated by the United State Department of Labor and/or the Industrial Commissioner of the State of New York and all amendments and additions thereto. 14. INSURANCE AND INDEMNIFICATION: In addition to, and not in limitation of, the insurance requirements contained in Schedule C entitled Insurance Provisions, attached hereto and made a part hereof, the Licensee agrees: (a) That except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of the County, the Licensee shall indemnify and hold harmless the County, its officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorneys fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the Licensee or third parties under the direction or control of the Licensee; and (b) To provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto. 15. RISK OF OPERATION: The Licensee assumes all risks in the operation of this License. The Licensee shall comply with any and all rules and regulations prescribed by the County for the operation of this License. Upon request, the County shall furnish a copy of such rules and regulations to the Licensee. It is expressly understood and agreed by and between the parties hereto that the Commissioner of the Department of Public Safety and the Commissioner of the Department of Public Works and their agents are acting in a representative capacity and not for their own benefit, and that the Licensee shall not have any claim against them as individuals in any event whatsoever. 16. BANKRUPTCY: If at any time during the term of this License, any petition in bankruptcy shall be filed by or against the Licensee or if the Licensee shall be adjudicated a bankrupt; or if a Receiver shall be appointed to take possession of the Licensee s property; or if the Licensee shall make any assignment for the benefit for creditors, this License shall at the option of the County, immediately cease, terminate and expire. Nothing hereunder shall relieve the Licensee from any liability incurred under this License. SC-21

24 17. NOTICES: All notices of any nature referred in this Agreement shall be in writing and either sent by registered or certified mail postage prepaid, or delivered by hand or overnight courier, or sent by facsimile (with acknowledgment received and a copy of the notice sent by registered or certified mail postage pre-paid), as set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall be effective on the date of receipt. Notices shall be sent to the following: To the County: Commissioner Westchester County Department of Public Safety Saw Mill River Parkway Hawthorne, New York Commissioner Department of Public Works Michaelian Office Building, Room Martine Avenue White Plains, New York With a copy to: County Attorney Michaelian Office Building, Room Martine Avenue White Plains, New York To the Licensee: Notice shall be effective three days from the date of mailing. SC-22

25 18. REMEDIES CUMULATIVE: The failure of the County to insist, in any one or more instances, upon strict performance of any term or condition herein contained shall not be deemed a waiver or relinquishment for the future of such term or condition, but the same shall remain in full force and effect. Acceptance by the County of payment of any fee due hereunder with knowledge or a breach of any term or condition hereof, shall not be deemed a waiver of any such breach and no waiver by the County of any provision hereof shall be implied. 19. NON-DISCRIMINATION: During the performance of this contract, Licensee expressly agrees that neither it nor any contractor, subcontractor, employee, or any other person acting on its behalf shall discriminate against or intimidate any employee or other individual on the basis of race, creed, religion, color, gender, age, national origin, ethnicity, alienage or citizenship status, disability, marital status, sexual orientation, familial status, genetic predisposition or carrier status during the term of or in connection with this Agreement, as those terms may be defined in Chapter 700 of the Laws of Westchester County. Licensee acknowledges and understands that the County maintains a zero tolerance policy prohibiting all forms of harassment or discrimination against its employees by co-workers, supervisors, vendors, contractors, or others. 20. ENTIRE AGREEMENT: This Agreement and its attachments constitute the entire agreement between the parties hereto with respect to the subject matter hereof and shall supersede all previous negotiations, comments and writings. It shall not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. This Agreement consists of paragraph numbered 1-21 and the following attachments, which are incorporated in and deemed part of this Agreement; Appendix A Zone Map (Attached to Bid); Appendix A-1 List of Parks Locations; Schedule B Rate Schedule and all Proposal Pages; Schedule C Standard Insurance Provisions (Licensee). SC-23

26 21. APPROVAL: This License shall not be enforceable until signed by both parties and approved by the Office of the County Attorney. IN WITNESS WHEREOF, the parties hereto have executed this License in quadruplicate. THE COUNTY OF WESTCHESTER By: (Commissioner of Public Works) LICENSEE By: (Name and Title) Authorized by the Board of Acquisition and Contract of the County of Westchester on the day of, 20. Approved as to form and manner of execution: Assistant County Attorney The County of Westchester SC-24 C:/HALL/Zoning Specs.doc

27 SCHEDULE B Zone 1 RATE SCHEDULE* ITEM RATE (a) Basic road service including $ Gasoline delivery (does not include cost of gas) 2. Removing flat tire & replacing spare tire 3. Any motor trouble or other mechanical work up to and including 30 minutes actual working time (does not include cost of replacement parts). OR (b) Tow to next exit of Bronx River Parkway includes, $55.00 preparing and removing vehicle, disconnecting drive linkage, gaining access to interior or vehicle, normal hoist, use of dolly or flatbed truck. (c) Additional tow from exit of Bronx River Parkway $3.00/Mile OR (d) Tow to property line of County property or facility $55.00 includes preparing and removing vehicle, disconnecting drive linkage, gaining access to interior of vehicle, normal hoist, use of dolly or flatbed truck. (e) Additional tow from property line of County property $3.00/Mile or facility. (f) Labor charge for recovering disabled vehicle for $55.00 towing, requiring more labor than normal hoist, use of dolly or flatbed, per truck per hour, prorated per quarter hour. (g) Storage after 24 hours. $25.00/Day *Any and all taxes and tolls additional. NOTICE TO VEHICLE OWNER/CUSTOMER Any arrangements or agreements between this towing firm and customer for repairs or services other than, or in addition to, basic towing or emergency road services are outside the scope of this towing firm s license agreement with the County of Westchester. SC-25