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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2022-012 Agmt with Westway Towing IncTemp. Ord. #2505 May 4, 2022 Page 1 of 5 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2022- OIP AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AN AGREEMENT WITH WESTWAY TOWING, INC., PROVIDING FOR TOWING SERVICES FOR THE CITY OF TAMARAC FOR A FIVE YEAR PERIOD BEGINNING AUGUST 1, 2022 THROUGH JULY 31, 2027 INCLUDING AN OPTION TO RENEW FOR ONE ADDITIONAL FIVE (5) YEAR PERIOD AND PROVIDING FOR MONTH TO MONTH EXTENSIONS AS REQUIRED; AUTHORIZING THE COLLECTION OF AN ADMINISTRATIVE FEE OF 25% OF THE MAXIMUM TOWING RATES TO COVER THE CITY'S COSTS PURSUANT TO THE REQUIREMENTS OF SECTION 323.002(4), FLORIDA STATUTES; IN ACCORDANCE WITH THE MAXIMUM TOWING RATES AS ESTABLISHED UNDER THE BROWARD COUNTY ADMINISTRATIVE CODE PART IX, CHAPTER 40.50; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE AGREEMENT PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide that municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal service, and exercise any power for municipal purposes, except when expressly prohibited by law; and CODING: Words in c+r Gk thrr u h type are deletions from existing law; Words in underscored type are additions. 134612950.1 Temp. Ord. #2505 May 4, 2022 Page 2 of 5 WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac ("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; and and WHEREAS, the current Agreement for Towing Services expires on July 31, 2022; WHEREAS, the City issued and formally advertised Request for Proposal #22-17R on March 20, 2022; and WHEREAS, One (1) firm, Westway Towing Inc., responded to the Request for Proposal that was due on April 12, 2022; and WHEREAS, the cost of services to the public as enumerated in the Request for Proposal are to be in accordance with rates established by Part IX, "Environmental and Consumer Protection Division", Chapter 40.50 "Environmental and Consumer Protection Fee Schedule", of the Broward County Administrative Code to cover the cost of enforcement, including parking enforcement by the City when a vehicle is towed from public property; and WHEREAS, it is the desire of the City to award a Franchise Agreement to Westway Towing Inc., for a five (5) year period effective August 1, 2022, through July 31, 2027, with the option to exercise one (1) five (5) year renewal option upon completion of the initial Franchise Agreement term and providing for month -to -month extensions if an CODING: Words in strUGk thFeugI4 type are deletions from existing law; Words in underscored type are additions. 134612950.1 Temp. Ord. #2505 May 4, 2022 Page 3 of 5 Agreement is not in place upon the expiration of the initial Agreement term or any subsequent renewal option; and WHEREAS, Section 7.19 of the City of Tamarac Charter requires the award of all franchises to be made by ordinance; and WHEREAS, it is the recommendation of the Director of Public Services and the Purchasing and Contracts Manager that the City Commission approve an Agreement with Westway Towing, Inc., to furnish towing services for a period beginning August 1, 2032, through July 31, 2027; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the business owners, residents, and visitors of the City of Tamarac to award Request for Proposal #22-17R, and execute an Agreement with Westway Towing, Inc. providing for towing services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof; all exhibits attached hereto are incorporated herein and made a specific part thereof. SECTION 2: The Agreement between the City and Westway Towing, Inc., attached as Exhibit "1", to provide towing services for the five-year period beginning CODING: Words in StFUGk through type are deletions from existing law, Words in underscored type are additions. 134612950.1 Temp. Ord. #2505 May 4, 2022 Page 4 of 5 August 1, 2022, through July 31, 2027, with the option to exercise one (1) five (5) year renewal option upon completion of the initial term is approved. The appropriate City officials are authorized to execute the Agreement on behalf of the City. SECTION 3: All Ordinances or parts of Ordinances, and Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 5: This Ordinance shall become effective immediately upon its passage and adoption. "The remainder of this page is left blank intentionally" CODING: Words in StFUGk t#reugI4 type are deletions from existing law; Words in underscored type are additions. 134612950.1 PASSED, FIRST READING this $`t-, day of PASSED, SECOND READING this of nGl ATTEST: KIMBERLY,D LLON, CMC ACTING CITY CLERK Temp. Ord. #2505 May 4, 2022 Page 5 of 5 U NE 2022. day of --W6 , 2022. mithELLE J. GOMff MAYOR RECORD OF COMMISSION VOTE: 1st Reading MAYOR GOMEZ �►�S DIST 1: COMM. BOLTON_ DIST 2: V/M GELIN DIST 3: COMM. VILLALOBOS DIST 4: COMM. PLACKO RECORD OF COMMISSION VOTE: 2nd Reading MAYOR GOMEZS DIST 1: COMM. BOLTON DIST 2: V/M GELIN iE DIST 3: COMM. VILLALOBOS YG$ DIST 4: COMM. PLACKO `f APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. DH". Hff RIN,\\�R. ITY ATTORNEY CODWG: Words in strUGk througll type are deletions from existing law, Words in underscored type are additions. 134612950.1 The City For Your Life AGREEMENT BETWEEN THE CITY OF TAMARAC AND WESTWAY TOWING INC. FOR TOWING SERVICES FRANCHISE AGREEMENT TAMARAC C �n �i 7n �,urac The City For Your Life Plo-, h""w« and ( "mlvaclts 011-icl' AGREEMENT TABLE OF CONTENTS AGREEMENT......................................................................................................1 ARTICLE 1. TOWING, WRECKER & STORAGE SERVICE .............................4 ARTICLE 2. DEFINITIONS...............................................................................4 ARTICLE 3. GRANT OF FRANCHISE..............................................................5 ARTICLE 4. ADMINISTRATIVE FEE................................................................5 ARTICLE5. TERM............................................................................................6 ARTICLE 6. SCOPE OF SERVICES................................................................6 ARTICLE 7. PUBLIC RECORDS......................................................................7 ARTICLE8. REPORTS.....................................................................................8 ARTICLE 9. COSTS OF SERVICES TO THE PUBLIC.....................................9 ARTICLE 10. MAINTENANCE OF ABILITY........................................................9 ARTICLE 11. TERMINATION...........................................................................10 ARTICLE 12. AUTHORITY TO ACT.................................................................10 ARTICLE 13. PERFORMANCE BOND/LETTER OF CREDIT ..........................11 ARTICLE 14. CUSTOMER REQUIREMENTS..................................................11 ARTICLE 15. INSURANCE...............................................................................12 ARTICLE 16. INDEMNIFICATION....................................................................13 ARTICLE 17. NON-DISCRIMINATION............................................................13 ARTICLE 18. LOCAL OFFICE..........................................................................14 ARTICLE 19. PERFORMANCE BASED CONTRACTING, PERFORMANCE GUARANTEES AND CUSTOMER COMPLAINT TRACKING ............................15 ARTICLE20. NOTICE......................................................................................16 ARTICLE 21. UNCONTROLLABLE FORCES..................................................16 ARTICLE 22. INDEPENDENT CONTRACTOR................................................17 ARTICLE 23. MISCELLANEOUS PROVISIONS..............................................17 ARTICLE 24. ASSIGNMENT............................................................................18 ARTICLE 25. MERGER; AMENDMENT..........................................................18 ARTICLE 26. NO CONSTRUCTION AGAINST DRAFTING PARTY...............18 ARTICLE 27. SCRUTINIZED COMPANIES.....................................................18 TAMARAC The City For Your Life Ptjt it(I"II and i nr1U'ut t, I>n-t�,cinrt ARTICLE28. E-VERIFY...................................................................................18 ARTICLE 29. CUSTODIAN OF RECORDS.....................................................19 3 City of Tamarac TAMARAC The City For Your Life Purchasing and Contracts Division AGREEMENT FOR TOWING, WRECKER AND STORAGE SERVICES BETWEEN THE CITY OF TAMARAC AND WESTWAY TOWING, INCORPORATED THIS AGREEMENT is made and entered into this o )'t day of 'JG( Ne , 2022, by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Westway Towing, Inc. a Florida corporation with principal offices located at 3681 W. Oakland Park Boulevard, Lauderdale Lakes, FL 33311 (the "CONTRACTOR") to provide the exclusive franchise rights for all non -consent towing services required by the CITY or by the Broward Sheriffs Office (BSO) Tamarac District acting on behalf of the CITY. WITNESETH: WHEREAS, CONTRACTOR has maintained a high level of professional towing wrecker and storage service for the benefit of the citizenry thereof; and WHEREAS, the CITY is desirous of maintaining the high level of competent, professional towing, wrecker and storage service in conjunction and harmony with its fiscal policies of sound, economic management; and WHEREAS, CONTRACTOR has agreed to render to the CITY a high level of professional towing, wrecker and storage service and the CITY is desirous of contracting for such services upon the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the sums hereinafter set forth and for the other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, it is hereby agreed as follows: ARTICLE 1. TOWING, WRECKER & STORAGE SERVICE CONTRACT DOCUMENTS CONTRACTOR shall provide to CITY for the term hereinafter set forth, as the same may be extended in accordance with the provisions hereof, competent professional towing, wrecker and storage service within and throughout the corporate limits of the CITY to the extent and in the manner hereinafter described. The contract documents consist of this Agreement, Invitation for Request for Proposal (RFP) Document No. 22-17R, "TOWING SERVICES FRANCHISE", including all conditions therein, (General Terms and Conditions, Special Conditions and/or Scope of Work — Technical and Operational), all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between RFP # 22-17R, "TOWING SERVICES FRANCHISE" as issued by the CITY, and the CONTRACTOR's Proposal, Invitation for RFP 22-17R as issued by the CITY shall take precedence over the CONTRACTOR's Bid. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. n W TAMARAC The City For Your Life G y of Tarnarac Purchasing and Contracts Division ARTICLE 2. DEFINITIONS For the purposes of this Agreement, the following terms shall have the respective meanings hereinafter set forth: 2.1 Broward Sheriffs Office (BSO): shall mean the Broward Sheriffs Office, Tamarac District, the official law enforcement agency of the City of Tamarac, Florida. 2.2 Performance Bond: shall mean the form of security approved by the City and furnished by CONTRACTOR as a guarantee that CONTRACTOR will execute the work in accordance with the terms of the agreement and will pay lawful claims. 2.3 Project Manager: shall mean the Fleet Supervisor for the City of Tamarac Department of Public Services, Public Works Division. 2.4 Scope of Work: shall mean the work under this agreement shall consist of the supervision, materials, equipment, labor and all other items necessary to complete said work. 2.5 Service Area: City limits of the City of Tamarac. 2.6 Service: shall mean comprehensive towing, wrecker and storage service provided each day of the year on a twenty-four (24) hour per day basis. ARTICLE 3. GRANT OF FRANCHISE In consideration of CONTRACTOR's performance hereunder and in compliance with the covenants and conditions set forth herein and in the ordinances and regulations of the CITY governing towing, wrecker and storage services, the CITY hereby grants to CONTRACTOR the right pursuant to Article 7.19 of the City's Charter to use the public streets, alleys, thoroughfares within the corporate limits of the CITY for the purpose of engaging in the business of towing, wrecker and storage services for commercial, residential and City customers located within the corporate limits of the CITY pursuant to the terms of this Agreement, but not otherwise. ARTICLE 4. ADMINISTRATIVE FEE 4.1 As a condition of the Agreement, and pursuant to Florida Statutes, F.S. 323.002 (4), the CONTRACTOR agrees to pay to the CITY an Administrative Fee equal to twenty-five percent (25%) of the towing rates currently established by the Broward County Board of County Commissioners in accordance with the provisions of Part IX. "Environmental and Consumer Protection Division", Chapter 40.50 "Environmental and Consumer Protection Fee Schedule", Section c, "Towing and Immobilization Rates and Fees", Paragraph 4. "Maximum Non -consent Rates" of the Broward County Administrative Code to cover the cost of enforcement, including parking enforcement by the City when a vehicle is towed from public property. The CONTRACTOR shall be responsible for the collection of the administrative fee on behalf of the CITY and shall remit such fee to the CITY upon collection on a quarterly basis, on the first business day of the new calendar quarter. 4.2 The first payment shall be due on the first day of the new calendar quarter immediately following the effective date of the Agreement and subsequent payments are due on the first day of each quarter thereafter. Subsequent payments shall be made in arrears and shall be due on the first business day of the contract quarter for the previously completed quarter (e.g. collections due on October 1st will be for the most recently completed period of July 1st through September 30th, and so on). If Administrative fees are delinquent, a late charge of $50.00 shall be applied in addition to interest at the highest rate allowed by current State Statute. 4.3 The Contractor shall provide along with the CONTRACTOR's Towing Activity Report (See TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts division ARTICLE 10 "REPORTS" herein), a detailed report or any and all Administrative Fees collected either not already remitted, or to be remitted to the City, for each tow. 4.4 Upon adjustment of the towing rates by the Broward County Board of County Commissioners, the Administrative Fee shall be adjusted to reflect collections of 25% of the adjusted fees, which shall be in effect on the date that the adjusted Broward County rates take effect, which will normally be October 1 st of each year. ARTICLE 5. TERM 5.1 Agreement Term: the term of this agreement shall be for a five (5) year period commencing on and including August 1, 2022 and expiring on July 31, 2027. 5.2 Option/Extension: CITY shall have the option to extend the term of this agreement on a month -to -month basis on thirty (30) days written notice. 5.3 Renewal Term: this agreement shall be renewable by agreement of both parties for One (1) additional five (5) year period. This option is available at the sole discretion of the CITY, and if exercised by the CITY, CONTRACTOR shall be required to provide the same services upon the same terms and conditions for the extended agreement term; however, the CITY and CONTRACTOR may negotiate adjusted Franchise Fee payments at the time of renewal. CITY shall not have any obligation to exercise this option. ARTICLE 6. SCOPE OF SERVICES 6.1 CONTRACTOR shall comply with the requirements and proposal scope of work / specifications as enumerated in Request for Proposal # 22-17R as amended by RFP 22- 17R Addendum #1, including Article VI. "SPECIAL CONDITIONS AND SCOPE OF WORK" Part A "SPECIAL CONDITIONS" and Part B "SCOPE OF WORK -- TECHNICAL AND OPERATIONAL REQUIREMENTS" incorporated herein and made a part hereof as if set forth in full incorporated herein by reference, and as seen in this Agreement and attached exhibits. 6.2 CONTRACTOR shall have a non-exclusive franchise to provide in accordance with instructions received from CITY, towing, wrecker and storage service within the City limits of the City of Tamarac from the date of the agreement for period of five (5) years with an option to renew for an additional five-year period. In the event that the Agreement is set to expire, and a renewed or replacement Agreement is not yet in place, the Agreement shall continue per the same terms and conditions on a month -to -month basis until such renewal or new agreement becomes effective. 6.3 CONTRACTOR agrees to provide employees and sufficient equipment for immediate response to calls for service, seven days a week, 24 hours a day. 6.4 An authorized representative of CITY shall request the services of CONTRACTOR whenever towing, wrecker and storage service is required in a situation where the owner of the motor vehicle involved did not specify or instruct CITY to telephone or order service from a specific towing or wrecker service; or where the use of CONTRACTOR is deemed to be in the best interest of the CITY. 6.5 However, in the event that CONTRACTOR, in the opinion of and within discretion of the CITY, does not have available the necessary equipment to provide the service required at a particular time or place, City may, at its sole discretion call upon another towing or wrecker service to provide a part of or all of the equipment required in any particular circumstance. If CONTRACTOR is not given the first opportunity to respond, upon R TAMARAC The City For Your Life City of raniarolc Purchasing and Contracts Division CONTRACTOR's request, the CITY shall provide to CONTRACTOR a written memorandum setting forth the reason why CONTRACTOR's services were not utilized. 6.6 Further, in the event that CONTRACTOR does not provide service within the thirty (30) minute time frame for Class A and B tows, or forty-five (45) minute timeframe for Class C & D tows, following the request by CITY, then, CITY may at its discretion call upon another towing or wrecker service to provide the service required. 6.7 In the event that CONTRACTOR cannot by reason of equipment failure or other reason respond adequately to CITY's needs, it shall be the responsibility of CONTRACTOR to advise the CITY immediately and to further advise CITY of the terms of CONTRACTOR's inability to provide adequate service so that CITY may call upon another wrecker or towing service during this period. 6.8 CONTRACTOR agrees to maintain at all times modern, updated equipment capable of meeting all the needs of CITY in connection with the terms of this agreement and further, CONTRACTOR agrees that the said equipment shall, in addition to the specifications and requirements set forth in the attached Exhibit "A " incorporated herein and made a part hereof as if set forth in full, also be staffed by well trained and courteous personnel. All equipment purchases and maintenance shall be at CONTRACTOR's expense. Failure to maintain the equipment will be considered a material breach of this agreement. 6.9 CONTRACTOR shall be familiar with and shall be responsible for complying with all Federal, State and Local laws, ordinances, rules and regulations that in any manner govern CONTRACTOR's operation. 6.10 CONTRACTOR agrees to provide and furnish any and all information requested by any Broward County law enforcement agency. 6.11 CONTRACTOR agrees that upon arrival at any accident scene, the tow truck operators will remove from the site any hazardous debris, spilled petroleum products or volatile items unless directed otherwise by the fire department or law enforcement agency. ARTICLE 7. PUBLIC RECORDS 7.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, the CONTRACTOR shall: 7.1.1 Keep and maintain public records required by the CITY in order to perform the service; 7.1.2 Upon request from the CITY's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 7.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONTRACTOR does not transfer the records to the CITY. 7.1.4 Upon completion of the contract, transfer, at no cost to the CITY, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the 7 TAMARAC The City For Your Life Purchasing and Contracts Division CITY to perform the service. If the CONTRACTOR transfers all public records to the CITY upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY's custodian of public records in a format that is compatible with the information technology systems of the CITY. 7.2 During the term of the contract, the CONTRACTOR shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The CONTRACTOR agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. The CONTRACTOR shall maintain the files which include but are not limited to the following: 7.2.1 A Vehicle Storage Receipt for each vehicle impounded under the contract. 7.2.2 A copy of all paid invoices. 7.2.3 A log of calls for service. 7.2.4 A notification log indicating date, time, and method of notification to the registered owner of an impounded vehicle. 7.2.5 A log containing all vehicles that have remained unclaimed for thirty (30) days or more. 7.3 The CONTRACTOR shall provide the CITY with a review of the Revenue and Expense Financial Statement representing the financial results of operations. The review must be performed in accordance with Statements on Standards for Attestation Engagements and Related Interpretations promulgated by the American Institute of Certified Public Accountants. The annual review shall be delivered to the CITY within one hundred and twenty (120) days of the twelve (12) month period ending the CONTRACTOR's fiscal year. The audit can be limited to the entity actually providing services. 7.4 No rate adjustments of any type will be granted to the CONTRACTOR unless all required audits and cost statements have been filed in a timely manner. 7.5 The CITY shall have the right to inspect and review all records, including recording and recordkeeping requirements, maintained by the CONTRACTOR during normal business hours upon twenty-four (24) hour notice to the CONTRACTOR. ARTICLE 8. REPORTS CONTRACTOR shall submit the following reports to the Tamarac BSO by the 15th of each month for the previous month. The form of the reports shall be determined by the CONTRACTOR; but are subject to the approval of the CITY H. TAMARAC The City For Your Life City of Tarnarac 8.1 Towing Activity Report to include for each and every tow: 8.1.1 Date of tow. Purchasing and Contracts Division 8.1.2 Service call number assigned by Tamarac BSO. 8.1.3 Type of tow such as accident, parking, abandoned City vehicle, etc. 8.1.4 Location where vehicles towed from. 8.1.5 Vehicle make. 8.1.6 Tag/license plate. 8.1.7 Administrative Fee collected. (Administrative Fee data may be provided in a separate report.) 8.2 Vehicle Release Report to include: 8.2.1 All information contained in the Towing Activity Report. 8.2.2 Date vehicle released or disposed of. 8.2.3 Method of disposition such as: release to owner, release to public auction. 8.2.4 A complete breakdown of all towing charges with a total including sales taxes. ARTICLE 9. COST OF SERVICES TO THE PUBLIC 9.1 CONTRACTOR charges and fees for towing, wrecker and storage and wrecker service rendered within the City limits of the City of Tamarac in connection with this provision of the agreement shall be as established by the Broward County Administrative Code, Part IX. "Environmental and Consumer Protection Division", Chapter 40.50 "Environmental and Consumer Protection Fee Schedule", Section c, "Towing and Immobilization Rates and Fees", Paragraph 4. "Maximum Nonconsent Rates" of the Broward County Administrative Code as may be amended from time to time, in effect at the time of the provision of services. 9.2 Rates may only be adjusted pursuant to a formal action taken by the Broward County Commission, by formal resolution, which amends the Broward County Administrative Code. 9.3 Rate adjustments shall become effective on the date provided for pursuant to the effective date established by the Broward County Commission action. 9.4 Any proposed fees for additional services shall be submitted in writing and approved by the CITY prior to implementation. 01 TAMARAC The City For Your Life 01 y o/ i"ttntiirnc Purchasing and Contracts Division ARTICLE 10. MAINTENANCE OF ABILITY 10.1 CONTRACTOR shall furnish to and maintain for the benefit of the CITY, within the cost of the agreement therefore, all necessary labor, supervision, equipment, vehicles, communications facilities and supplies necessary and proper for the purpose of performing the services duties and responsibilities set forth and contemplated herein and as necessary to maintain the level of service to be rendered hereunder. 10.2 It is expressly understood by and between the parties to this agreement that CITY is a municipal corporation and this agreement relates to the provision to the City of service that clearly affects the health and welfare of the citizens of the City of Tamarac. The provision of towing, wrecker and storage service is further clearly related to the maintenance of the CITY's vehicles and the safety of the streets and thoroughfares of CITY. ARTICLE 11. TERMINATION 11.1 Termination for Cause By virtue of the extraordinary nature of the CITY's obligation, and by virtue of the unusual nature of the obligations being dealt with in this Agreement, it is understood and acknowledged by CONTRACTOR that this Agreement may be terminated by CITY administration immediately at any time that it becomes apparent to CITY that CONTRACTOR does not have the facilities and capabilities of performing in accordance with the terms and requirements of this Agreement. For the purpose of this Agreement and this section of the Agreement, these terms include not only the terms set forth in this Agreement, but also the terms of Contract Documents incorporated under ARTICLE 1 of this Agreement and such additional or other terms and requirements, as may from time to time during the course of this Agreement be imposed by CITY and agreed to by CONTRACTOR in order to insure the adequate provision of towing, wrecker and storage service to CITY. It is further understood and agreed that CONTRACTOR does hereby release CITY from any claim for any damages of any kind in the event of the cancellation of this Agreement by CITY. 11.2 Termination for Convenience of CITY This Agreement may be terminated by the CITY for convenience, upon seven (7) days of written notice by the CITY to the Successful Offeror for such termination in which event the Successful Offeror shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Successful Offeror abandons this Agreement or causes it to be terminated, the Successful Offeror shall indemnify the city against loss pertaining to this termination. 11.3 Agreement Subject to Funding As applicable, this agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement; and is subject to termination based on lack of funding. ARTICLE 12. AUTHORITY TO ACT 12.1 CONTRACTOR agrees not to undertake any repairs to remove any part or parts from any vehicle towed or stored pursuant to the provisions herein without first obtaining permission in writing from the owner or person entitled to lawful possession to complete same. 10 TAMARAC The City For Your Life CRY of i arnarm. Purchasing and Contracts Division 12.2 Personal property in any vehicle stored by CONTRACTOR shall not be disposed of to defray any charges for towing, wrecker and storage of vehicles without a court order; however, if no claim is made for the property after a reasonable period of time, CONTRACTOR may dispose of property in accordance with Florida Statute 713. 12.3 CITY reserves the right to cancel the request for services of CONTRACTOR at any time, including up to the time of hook-up. CONTRACTOR agrees that the mere response to a service call scene without other actions does not constitute a service call for which charges are applicable. 12.4 Any vehicle not claimed by the owner within thirty (30) days shall be reported in writing to BSO, Tamarac District VI in accordance with Florida Statute 713. 12.5 Owner or authorized agent of owner of vehicle shall be allowed to remove personal, unattached property from vehicle at CONTRACTOR's storage yard at no additional charge. 12.6 CONTRACTOR agrees to be licensed and certified by all appropriate State, County and local agencies. ARTICLE 13. PERFORMANCE BOND/LETTER OF CREDIT CONTRACTOR shall furnish to CITY as of the date of this Agreement, with a Performance Bond in the amount of $10,000.00 payable to the City of Tamarac. The security shall be in a form acceptable to the City's Risk Manager; and shall be for the term of this Agreement. The security shall be furnished to CITY by CONTRACTOR within fifteen (15) days of the date of execution of this Agreement and identified as Exhibit "B". Without limiting any other indemnification provisions herein, said security shall indemnify the CITY against any loss, expense, cost, or damage resulting from any default by CONTRACTOR hereinafter or any failure of performance by CONTRACTOR. The performance bond shall contain a sixty-(60) day cancellation notice provision for notification to the CITY. ARTICLE 14. CUSTOMER REQUIREMENTS 14.1 Before an impounded vehicle is claimed by the owner or person lawfully entitled to possession, CONTRACTOR will provide such person with an itemized statement of all charges for towing, wrecker and storage of the vehicle. Before receiving payment, CONTRACTOR, its agents, employees or assigns, will prepare an invoice in duplicate, containing the following information: Name and address of the vehicle owner and/or person engaging CONTRACTOR License number of vehicle. Motor Vehicle Identification Number. 14.1.4 Personal property recovered and returned to the owner of the vehicle or person lawfully entitled to its possession. • Make, year, model color of vehicle(s) towed and/or stored. • Date and time vehicle towed. • Name of tow operator that completed the tow. • Date of Release. 11 TAMARAC The City For Your Life City of 7onlarm.. Purchasing and Contracts Division 14.2 CONTRACTOR shall retain a duplicate copy of such invoice and shall produce same upon demand of CITY or its representative. 14.3 CITY will not be responsible for the collection of any charges owed to CONTRACTOR. 14.4 CONTRACTOR shall keep a log of the number and type of calls handled under this agreement. The log shall contain the date the vehicle is towed, the make, model, license plate, if known, the VIN number, name and address of the owner or driver, release date, and charges for same. 14.5 CONTRACTOR agrees that its liability for a towed vehicle and all personal property contained therein will commence with the hook up of the vehicle to the tow truck. CONTRACTOR will have his employee, representative, or agent inventory jointly with a law enforcement officer or owner of the vehicle all personal property contained in the vehicle. This record should be produced in triplicate, one copy to be maintained by CONTRACTOR, one copy for the law enforcement agency and one copy to be given to the owner of the vehicle. CONTRACTOR will be solely liable and responsible to the owner or legal entity to lawful possession, for all personal property in any vehicle towed under this agreement. ARTICLE 15. INSURANCE 15.1 CONTRACTOR shall obtain at CONTRACTOR's expense all necessary insurance in such form and amount as specified in the original bid or proposal document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Commercial Automotive liability and all other insurance as required by the City. CONTRACTOR shall maintain such insurance in full force and effect during the life of this Agreement. CONTRACTOR shall provide to the City's Risk and Safety Manager Certificates of all insurances required under this section prior to beginning any work under this Agreement. The CONTRACTOR will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 15.2 CONTRACTOR shall purchase and maintain, in full force and effect for the life of this Agreement, at CONTRACTOR's sole expense the following required insurance policies: 15.2.1 Commercial General Liability Coverage: $1,000,000 per occurrence, $1,000,000 Aggregate Including: Premises/Operations Contractual Liability Personal Injury Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause 15.2.2 Automobile Liability: $1,000,000 per occurrence, $1,000,000 aggregate 15.2.3 Workers Compensation & Employer's Liability: Statutory 12 TAMARAC The City For Your Life City of Tamorac Purchasing and Contracts Division 15.2.4 Garagekeeper's Legal Liability policy with combined Single limit coverage for bodily injury and property damage: $75,000 minimum. 15.2.5 Garage Liability policy with combined single limit coverage for bodily injury and property damage: $500,000 minimum. 15.3 CONTRACTOR shall indemnify and hold the CITY harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. CONTRACTOR's Liability Insurance policies shall be endorsed to add the CITY as an additional insured. CONTRACTOR shall be responsible for payment of all deductibles and self-insurance retentions on CONTRACTOR's Liability Insurance policies. 15.4 CONTRACTOR shall not be able to cancel any policy without sixty-(60) days prior written notice to CITY. CONTRACTOR's carrier must put the CITY on notice of any lapsed policy, in writing, at the same time they put CONTRACTOR on notice. 15.5 CONTRACTOR shall provide the CITY with a copy of the respective policies of insurance required hereunder and renewals thereof, to be delivered to the CITY before commencement of this agreement. ARTICLE 16. INDEMNIFICATION 16.1 GENERAL INDEMNIFICATION: CONTRACTOR shall, in addition to any other obligation to indemnify the CITY and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the CITY, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the CONTRACTOR, any sub -Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by CONTRACTOR in the performance of the Work; or c). liens, claims or actions made by the CONTRACTOR or any sub -Contractor under workers compensation acts, disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the CONTRACTOR. 16.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 16.3 The CONTRACTOR shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 16.4 CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of CONTRACTOR under the indemnification agreement. Nothing contained herein is 13 TAMARAC The City For Your Life CRY of lamarm. Purchasing and Contracts Division intended nor shall it be construed to waive CITY's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. ARTICLE 17, NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the CONTRACTOR and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The CONTRACTOR will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The CONTRACTOR further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. ARTICLE 18. LOCAL OFFICE 18.1 CONTRACTOR shall maintain a storage facility of sufficient size and capability to accommodate wrecked and abandoned vehicle to be removed from the CITY during the period of this Agreement. 18.2 CONTRACTOR will make available adequate personnel to staff the storage compound from the hours of 7:00 a.m. to 7:00 p.m. Monday through Sunday for the purpose of releasing vehicles to the owners. CONTRACTOR further agrees to provide on call personnel to release vehicles on a twenty-four (24) hour basis each day per year. All property used for storage of vehicles shall be completely enclosed by at least a 6 foot high fence screened from view to discourage theft of any vehicle or property stored within. 18.3 CONTRACTOR agrees to furnish inside storage for all vehicles, which are of a body type or of a condition, which is such that inclement weather could result in damage. 18.4 CONTRACTOR agrees not to change the location of the storage facility without written permission of the City of Tamarac. 18.5 Law enforcement agencies will be permitted to inspect the compound, vehicles and personal property when it is deemed reasonable and necessary. 18.6 CONTRACTOR shall maintain a local office or authorized managing agent within Broward County and shall designate in writing within ten (10) days of execution of this Agreement the agent upon whom all notices may be served from CITY. Service upon CONTRACTOR's agent shall always constitute service upon CONTRACTOR. 14 TAMARAC r The City For Your Life City «) Ort7or[ts: Purchasing and Contracts Division 18.7 CONTRACTOR's storage facility is located at 3681 W. Oakland Park Blvd., Lauderdale Lakes, FL 33311. This location may not be changed without the written approval by CITY. 18.8 CONTRACTOR's local office shall be open during regular business hours so that customers can request information, lodge a complaint, or request service. At a minimum, CONTRACTOR shall be available during the hours specified in Section 16.2 above. ARTICLE 19. PERFORMANCE BASED CONTRACTING, PERFORMANCE GUARANTEES & CUSTOMER COMPLAINT TRACKING PERFORMANCE BASED CONTRACTING: SATISFACTORY PERFORMANCE REQUIRED The City of Tamarac has embraced the concept of Performance Based Contracting. Under this model of Performance Based Contracting, the CITY desires to enter into a partnering agreement with the successful CONTRACTOR. A partnering agreement is an agreement that provides mutual benefits for both the CITY and the successful CONTRACTOR. 19.1 Specific provisions for a Performance Based Contract are as follows: 19.1.1 CONTRACTOR shall successfully adhere to the requirements of this Agreement and successful completion of all tasks required under the specifications in a manner which is acceptable to the CITY. 19.1.2 Semi -Annual Performance Review: At its sole discretion, the CITY may conduct periodic performance reviews of the CONTRACTOR. The frequency of said reviews will not exceed two (2) per year. Criteria to be evaluated will consist of, but not be limited to, performance guarantees listed herein, response times, complaints received, care and custody of vehicles and owner's possessions, condition of facilities and equipment, extent and clarity of records, and conduct of management and personnel. Within thirty (30) days of the issuance of the results of a review, CONTRACTOR may respond to the CITY in writing and the parties shall meet to discuss the review and other pertinent subjects. A final report which shall include any "Contract Report Card" used by the CITY, which will enumerate the results of the review, by stakeholders, the CONTRACTOR's written response, and a summary of the semi-annual review meeting which will be prepared by CITY Staff, with a copy sent to the CONTRACTOR. 19.1.3 Contract Report Card: The CITY may utilize a "Contract Report Card" as a means of performing the semi-annual reviews. The City shall request contract stakeholders to serve on an evaluation panel during the contract term. The stakeholders shall include, but not be limited to City of Tamarac employees and employees assigned to the Tamarac District by the Broward Sheriffs Office. Each stakeholder will evaluate the CONTRACTOR using a "Contract Report Card" evaluation document, which will survey the CONTRACTOR's level of service. Evaluation criteria for the "Contract Report Card" will be developed by the CITY, with input from the CONTRACTOR. 19.2 CONTRACTOR performance on performance reviews will be an important consideration in determination of an extension term. 15 TAMARAC The City For Your Life City of Tamarac 19.3 PERFORMANCE GUARANTEES Purchasing and Contracts Division As a part of this Agreement, the successful CONTRACTOR shall agree to maintain the following level of performance: 19.3.1 The successful CONTRACTOR shall provide a level of service which shall lead to optimal agency satisfaction. Complaints, including but not limited to poor service, unacceptable follow-up, disputes relating to invoice processing, etc. shall constitute unsatisfactory performance. More than three (3) complaints per month will prompt a review of the CONTRACTOR's performance; and may result in potential corrective action by the CITY. 19.3.2 Additional performance guarantees shall be as detailed in Section V.B. "Scope of Work" contained herein. The CITY and CONTRACTOR may mutually agree to additional performance guarantees as may be warranted. 19.4 CUSTOMER COMPLAINT TRACKING SYSTEM REQUIRED: CONTRACTOR shall maintain a customer complaint log during the term of this Agreement. At a minimum the Customer complaint procedure shall provide that all customer complaints shall be resolved within the next business day. Upon request, CONTRACTOR shall supply CITY with copies of all complaints indicating the date and time of the complaint, the nature of the complaint and the manner and timing of its resolution. ARTICLE 20, NOTICE Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Fox Rothschild LLP 2 South Biscayne Boulevard One Biscayne Tower, Suite 2750 Miami, FL 33131 Attn: John R. Herin, Jr. CONTRACTOR Westway Towing Inc. 3681 W. Oakland Park Boulevard Lauderdale Lakes, FL 33311 Attn: Ernie Brette Holcombe, President BAHEAVYHAULER(aD-GMAIL.COM 16 TAMARAC The City For Your Life City of faniorw. Purchasing and Contracts Division (954) 731-1115 Voice (954) 731-1115 Fax ARTICLE 21, UNCONTROLLABLE FORCES 21.1 Neither the CITY nor CONTRACTOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 21.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 22 INDEPENDENT CONTRACTOR This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the CONTRACTOR is an independent contractor under this Agreement and not the CITY's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out CONTRACTOR's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of CONTRACTOR, which policies of CONTRACTOR shall not conflict with CITY, State, or United States policies, rules or regulations relating to the use of CONTRACTOR's funds provided for herein. The CONTRACTOR agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. ARTICLE 23, MISCELLANEOUS PROVISIONS 23.1 Exhibits: the Exhibits as detailed in Article 1 of this Agreement are incorporated herewith by reference for all purposes as though fully set forth. 17 TAMARAC The City For Your Life 'pity of fornuroc Furchasina and Contracts Division 23.2 Right to Require Specific Performance: the failure of CITY at any time to require performance by CONTRACTOR of any provisions hereof shall in no way affect the rights of CITY thereafter to enforce the same. 23.3 Venue: This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 23.4 Signatory Authority: CONTRACTOR shall provide the City with copies of requisite documentation evidencing that the signatory for CONTRACTOR has the authority to enter into this Agreement. 23.5 Severability; Waiver of Provisions: Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. ARTICLE 24, ASSIGNMENT CONTRACTOR shall not assign, transfer or subject the Contract or its rights, title, interests or obligations therein without CITY's prior written approval. Violation of the terms of this paragraph shall constitute a breach of the Contract by CONTRACTOR and CITY may, at its discretion, cancel the Contract. All rights, title, interest and obligations of CONTRACTOR shall thereupon cease and terminate. ARTICLE 25. MERGER; AMENDMENT This Agreement constitutes the entire Agreement between the CONTRACTOR and the CITY, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the CONTRACTOR and the CITY. ARTICLE 26, NO CONSTRUCTION AGAINST DRAFTING PARTY Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. ARTICLE 27, SCRUTINIZED COMPANIES -- 287.135 AND 215.473 27.1 By execution of this Agreement, CONTRACTOR certifies that CONTRACTOR is not participating in a boycott of Israel. CONTRACTOR further certifies that CONTRACTOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONTRACTOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. 18 TAMARAC The City For Your Life Of of Ianl arac Purchasing and Contracts Division 27.2 Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to CONTRACTOR of the CITY's determination concerning the false certification. CONTRACTOR shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONTRACTOR shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If CONTRACTOR does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. ARTICLE 28, E-VERIFY — 448.095 As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., CONTRACTOR and its subcontractors shall, register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. CONTRACTOR shall require each of its subcontractors to provide CONTRACTOR with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CONTRACTOR shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. CITY, CONTRACTOR, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify CONTRACTOR and CONTRACTOR shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. CONTRACTOR acknowledges that upon termination of this Agreement by the City for a violation of this section by CONTRACTOR, CONTRACTOR may not be awarded a public contract for at least one (1) year. CONTRACTOR further acknowledges that CONTRACTOR is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. ARTICLE 29, CUSTODIAN OF RECORDS IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 19 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division TAMARAC, FL 33321 (954) 597-3505 CITYC LE RKOTAMARAC.O RG 20 TAMARAC The City For Your Life Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and City Manager and CONTRACTOR, signing by and through its President duly authorized to execute same. of TAM, ESTABLISHED : Q O 1963 : 0 �'. SEAL •0�: ATTEST: 6C�IUN`���``• r I hn�nn MC. City Clerk `v �. i"Ti1TGl�'V Vrn7pesr� K►mbt' � Date ATTEST: CITY T M 'RAyC Michelle J. Gomez, Mdyrr Date Ap Johr(R. to / ,� ?I 20_ -'., City Manager t 2 s to form and legal sufficiency: 11., illy I CONTRACTOR WESTWAY TOWING, INCORPORATED Company Name /,Von e, PM - Signature of Corporate Secretary Signature of Presid t Ernie Brett Holcombe Type/Print Name of Corporate Secy. gIl��� (CORPORATE SEAL) Date 21 TAMARAC The City For Your Life (_'iiy of l u-n-. trin Purchcrsinq and Contracts Ohlision CORPORATE ACKNOWLEDGEMENT STATE OF T( &./fci r- :SS COUNTY OF 8i-g .l A—e-d I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Ernie Brett Holcombe, President of Westway Towing, Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of AAA e 1 , 20 a0 gnature of Notary'Public :;,;Jky � . STEPHANIE A MCDOUGLE =�1f Notary Public • State of Florida "}A Commission # HH 186924 My Comm. Expires Oct 15, 2025 Prinf, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or DID NOT take an oath. 22 ACORUP CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DDIYYYY) 03/18/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Michelle L Sweisfort NAME: Arbor Insurance Group Inc. PHONE (610) 437-3340 FAX (610) 770-9318 A/C No Ext : A/C No): 3435 Winchester Rd E-MAIL msweisfort@arborig.com ADDRESS: Suite 305 INSURER(S) AFFORDING COVERAGE NAIC # Allentown PA 18104 INSURER A : Nat Union Fire Ins of PA 19445 INSURED INSURER B : p tyecial Tokio Marine S Ins Co 23850 Westway Towing Inc INSURER C : 3681 W Oakland Park Blvd INSURER D : INSURER E : Fort Lauderdale FL 33311 INSURER F : COVERAGES CERTIFICATE NUMBER: 2022 Standard REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx_] OCCUR EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 500,000 MED EXP (Any one person) $ 25,000 PERSONAL & ADV INJURY $ 1,000,000 A GL9566227 04/01/2022 04/01/2023 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY a PRO- � LOC JECT GENERAL AGGREGATE $ 2.000,000 PRODUCTS 2,000,000 $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 2,000,000 X _ BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS CA5721467 04/01/2022 04/01/2023 BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE � OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC15853349 04/01/2022 04/01/2023 PER OTH- X STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ B Inland Marine (C) IM5001074 00 07/01/2020 07/01/2021 Per Conveyanc/$250,000 DeducU5,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is included as Additional Insured under General Liability policy, when such status is required under written contract. CITY OF TAMARAC 7525 NW 88th Ave Tamarac FL 33321 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD