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Home My WebLink AboutCity of Tamarac Ordinance O-2005-0271 Temp.Ord. # 2102 October 18, 2005 Page 1 Revision 1, November 10, 2005 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2005- A, - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AGREEMENT AMENDMENT #1 PURSUANT TO SECTION 7.19 OF THE CITY OF TAMARAC CHARTER; EXERCISING THE RENEWAL PROVISION OF THE AGREEMENT WITH WESTWAY TOWING, INC. PROVIDING FOR TOWING SERVICES FOR THE CITY OF TAMARAC FOR AN ADDITIONAL FIVE YEAR PERIOD BEGINNING JANUARY 1, 2006 THROUGH DECEMBER 31, 2011; RATIFYING ALL PRIOR RESOLUTIONS AWARDING A TOWING SERVICES FRANCHISE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE WHEREAS, the City Commission approved Resolution R2001-012 approving the execution of an Agreement for Towing and Wrecker Services in accordance with the provisions of RFP 00-14R on January 10, 2001, a copy of said Agreement is attached hereto as Exhibit 1"; and WHEREAS, the current Agreement for towing and Wrecker Services expires on December 31, 2005; and WHEREAS, the current Agreement provides for one additional five (5) year renewal option contingent on satisfactory service by the Contractor; and WHEREAS, Westway Towing Inc. has provided satisfactory service to the City; and WHEREAS, in consideration of the satisfactory service provided to the City, it is in the best interest of the City to exercise the five (5) year renewal option; and Temp.Ord. # 2102 October 18, 2005 Page 2 Revision 1, November 10, 2005 WHEREAS, in the exercise of the renewal, it has been determined that there has been a significant escalation in cost due to increases in fuel prices and operational costs; and WHEREAS, Westway Towing has provided a written request proposing changes to fees, as required under the terms of its Agreement with the City, attached hereto as Exhibit "2"; and WHEREAS, the Financial Services Director and the Purchasing and Contracts Manager determined that the best interest of the City would be served by entering into negotiations with Westway Towing, Inc. to obtain the best terms and pricing for the City; and WHEREAS, negotiations resulted in an adjustment to towing and wrecker services rates, as well as to the fee paid to the City by Westway Towing, Inc., a copy of new rates and fees attached hereto as Exhibit "3" ; and WHEREAS, Section 7.19 of the City of Tamarac Charter requires the award of all franchises to be made by ordinance, and City administration requests that the City Commission ratify all prior towing services franchises previously awarded by resolution; and WHEREAS, it is the recommendation of the Financial Services Director and Purchasing and Contracts Manager that the appropriate City Officials are authorized to execute Agreement Amendment #1 to the January 10, 2001 Agreement with Westway Towing, Inc. renewing the Agreement for furnishing towing services for a period beginning January 1, 2006 through December 31, Temp.Ord. # 2102 October 18, 2005 Page 3 Revision 1, November 10, 2005 2010, a copy of said Agreement Amendment #1 is attached hereto as Exhibit 'A"; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute Agreement Amendment #1 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. SECTION 2: The appropriate City Officials are authorized to execute Agreement Amendment #1 exercising the five (5) year renewal option, attached hereto as Exhibit 'A" with Westway Towing, Inc. for providing towing services for the five-year period beginning January 1, 2006 through December 31, 2011 in accordance with the pricing schedule shown in Exhibit "3" attached hereto. SECTION 3: Pursuant to Section 7.19 of the City of Tamarac Charter, the City Commission hereby ratifies all previous resolutions awarding a towing services franchise. SECTION 4: All Ordinances or parts of Ordinances and all Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp.Ord. # 2102 October 18, 2005 Page 4 Revision 1, November 10, 2005 SECTION 5: If any clause, section, other part or application of this Ordinance is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Ordinance. SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this day of:2��_�, 2005. PASSED SECOND READING this 4day of ,Der CM �e,(, 2005. JOE SCHREIBER MAYOR ATTEST: �7 RECORD OF COMMISSION VOTE: 1st Reading MAR -ON $WEN ON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS I HEREBY CERTIFY that I have approved this ORDINANCE as to form. RECORD OF COMMISSION VOTE: 2nd Reading MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS SAMUEL S. GOREN CITY ATTORNEY 1 1 T_ 2102 EXHIBIT 1 X�i AGREEMENT BETWEEN CITY OF TAMARAC lWe WESTWAY TOWING, INC. FOR FIVE (5) YEAR TOWING FRANCHISE TABLE OF CONTENTS AGREEMENT................................ .................. ......... ....... ............... I..................... 1 ARTICLE 1. TOWING, WRECKER AN❑ STORAGE SERVICE ....................... 2 ARTICLE2. DEFINITIONS............................................................................... 2 ARTICLE 3. GRANT OF FRANCHISE...... ....................................................... 2 ARTICLE 4. FRANCHISE PAYMENT.............................................................. 3 ARTICLE5. TERM........................................................................................... 3 ARTICLE 6. SCOPE OF SERVICES................................................................ 3 ARTICLE 7. BOOKS AND RECORDS............................................................. 5 ARTICLE 8. FEES CHARGED TO CUSTOMERS ........................................... 5 ARTICLE 9. MAINTENANCE OF ABILITY....................................................... 6 ARTICLE 10. TERMINATION.............................................................................6 ARTICLE 11. AUTHORITY TO ACT................................................................... 7 ARTICLE 12. PERFORMANCE BOND/LETTER OF CREDIT ........................... 7 ARTICLE 13. CUSTOMER REQUIREMENTS................................................... 8 ARTICLE14. INSURANCE................................................................................ 9 ARTICLE 15. HOLD HARMLESS..................................................................... 10 ARTICLE 16. LOCAL OFFICE.......................................................................... 10 ARTICLE 17. CUSTOMER COMPLAINTS....................................................... 11 ARTICLE 18. MISCELLANEOUS..................................................................... 11 ARTICLE 19. INDEPENDENT CONTRACTOR ................................................ 12 ARTICLE 20. NON-ASSIGNABILITY............................................................... 12 ARTICLE 21. ENTIRE AGREEMENT; AMENDMENT ...................................... 13 ARTICLE 22. BINDING EFFECT..................................................................... 13 AGREEMENT FOR TOWING WRECKER AND STORAGE SERVICES THIS AGREEMENT made and entered into in Broward County, Florida this day of 2 2001 by and between the City Of Tamarac, a municipal corporation ' rganized and existing under the laws of the State of Florida, with principal offices located at 7525 NW 881h Avenue, Tamarac, Broward County, Florida 33321, (hereinafter referred to as CITY) and Westway Towing, Inc. with principal offices located at 3818 NW 49 Street, Tamarac, Florida 33309 (hereinafter referred to as CONTRACTOR). W ITNESSETH: 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. 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: 1 ARTICLE 1. TOWING WRECKER AND STORAGE SERVICE 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. ARTICLE 2. DEFINITIONS For the purposes of this Agreement, the following terms shall have the respective meanings hereinafter set forth: 2.1 Broward Sheriff's Office (BSO): shall mean the Broward Sheriff's Office 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 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. 2.4 Service Area: City limits of the City of Tamarac. 2.5 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 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. 2 ARTICLE 4. FRANCHISE PAYMENT 4.1 In consideration of the grant contained in Article 3 hereof, CONTRACTOR agrees to pay CITY as compensation for the right to use its streets, alleys and thoroughfares an amount ("Street User Fee") equal to $37,500.00 payable in four (4) equal installments per year. The first payment shall be due at the time of execution of the Agreement and subsequent payments are due on the first day of each quarter thereafter. 4.2 Delinquency Provision: in the event that CONTRACTOR fails to make the payment for this franchise on or before the date due as hereinabove provided, CONTRACTOR agrees to pay interest at an annual rate of 10% or as otherwise permitted by law, for each month or fraction thereof that payment is late. ARTICLE 5. TERM 5.1 Agreement Term: the term of this agreement shall be for a five (5) year period commencing on and including January 1, 2001 and expiring on December 31, 2005. 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. CITY shall not have any obligation to exercise these options. ARTICLE 6. SCOPE OF SERVIC 6.1 CONTRACTOR shall comply with the requirements and bid specifications 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. 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. Q 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 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 fifteen (15) minute time frame 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. 4 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. BOOKS AND RECORDS 7.1 CONTRACTOR shall maintain during the term of the contract 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 or other authorized personnel, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of two (2) years beyond the last day of the contract term. 7.2 CONTRACTOR agrees to submit its trucks and. equipment and records related to the City of Tamarac for inspection by CITY at any reasonable time set forth in CITY's request so as to insure compliance with all the terms of this agreement. ARTICLE 8. FEES CHARGED TO CUSTOMERS 8.1 CONTRACTOR charges and fees for towing, wrecker and storage and wrecker service rendered within City limits of the City of Tamarac in connection with the provision of this agreement shall be as set forth in attached Exhibit "B", incorporated herein and made a part hereof as if set forth in full. At no time shall the rates exceed any limits for rates that have been set by the federal government, the State of Florida, Broward County, or the City of Tamarac. 8.2 Any proposed changes in fees shall be submitted in writing and approved by the City prior to implementation. The written request shall be accompanied by an amended "Schedule of Prices for Towing and Wrecker Service" reflecting the proposed changes. 5 ARTICLE 9. MAINTENANCE OF ABILITY 9.1 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. 9.2 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 10. TERMINATION 10.1 By virtue of the extraordinary nature of the CITY's obligation, and by virtue of the unusual nature of the obligations being dealt within 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 Exhibits A and B, 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. C-1 ARTICLE 11. AUTHORITY TO ACT 11.1 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. 11.2 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. 11.3 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. 11.4 Any vehicle not claimed by the owner within seven (7) days shall be reported in writing to BSO, Tamarac District VII, immediately thereafter. 11.5 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. 11.6 CONTRACTOR agrees to be licensed and certified by all appropriate State, County and local agencies. ARTICLE 12. PERFORMANCE BOND/LETTER OF CREDIT 12.1 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 "C". 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. 7 12.2 CONTRACTOR shall further provide CITY with a $2,000 cash bond as delineated in this agreement and attached as Exhibit "D". Said bond is to be held in escrow during the term of this agreement to insure that CONTRACTOR provides a prompt response to request services. The following penalties shall apply to the contractor for failure to respond within the required time frame during any consecutive twelve (12) month period: A. First three offenses: Notification of failure through Certified Letter. B. Fourth Offense. $250.00 fine. C. Fifth Offense: $350.00 fine or suspension, at the City's option. D. Any further offense: $500.00 fine, suspension, or termination, at the City's option. 12.3 CONTRACTOR shall replenish the cash bond each time a portion of it is forfeited. The CITY agrees to return the balance of the cash bond to CONTRACTOR within 30 days of expiration of this agreement. ARTICLE 13. CUSTOMER REQUIREMENTS 13.1 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: 1. Name and address of the vehicle owner and/or person engaging CONTRACTOR 2. License number of vehicle. 3. Motor Vehicle Identification Number. 4. Personal property recovered and returned to the owner of the vehicle or person lawfully entitled to its possession. 5. Make, year, model color of vehicle(s) towed and/or stored. & Date and time vehicle towed. 7. Name of tow operator that completed the tow. 8. Date of Release. M 13.2 CONTRACTOR shall retain a duplicate copy of such invoice and shall produce same upon demand of CITY or its representative. 13.3 CITY will not be responsible for the collection of any charges owed to CONTRACTOR. 13.4 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. 13.5 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 14. INSURANCE 14.1 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: A. Garagekeeper's Legal Liability policy with minimum combined single limit coverage of $75,000 for bodily injury and property damage. B. Garage Liability policy with minimum combined single limit coverage of $500,000 for bodily injury and property damage. C. A Worker's Compensation and Employer's Liability policy, which covers all of the Contractor's employees, associated with this Agreement. 14.3 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. 9 14.4 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 15. HOLD HARMLESS 15.1 The CONTRACTOR shall indemnify and hold harmless the CITY, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the CONTRACTOR or its officers, employees, agents, subcontractors, or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the CITY or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof, Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. ARTICLE 16. LOCAL OFFICE 16.1 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. 16.2 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. 16.3 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. 10 16.4 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. 16.5 CONTRACTOR agrees not to change the location of the storage facility without written permission of the City of Tamarac. 16.6 Law enforcement agencies will be permitted to inspect the compound, vehicles and personal property when it is deemed reasonable and necessary. 16.7 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. 16.8 CONTRACTOR's storage facility is located at 1010 NSR7, Lauderhill, Florida. A Pew facility is antic' a completed and open in early 2001 located at ,,. anticipated to b ._. _ SR7 and Oakland Park Boulevard. Lauderdale Lakes,_ Florida. This location may not be changed without the written approval by CITY. 16.9 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 17. CUSTOMER COMPLAINTS 17.1 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 18. MISCELLANEO 18.1 '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, 11 18.2 Exhibits: the Exhibits A, B, C, & D . are incorporated herewith by reference for all purposes as though fully set forth. 18.3 Right to Require 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. 18.5 Notices: Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321-2401 954-724.1230 With a copy to City Attorney at the same address. CONTRACTOR Richard Goldstein President Westway Towing, Inc. 3818 NW 49 Street Tamarac, Florida 33309 Phone 954-731-1115 ARTICLE 19. INDEPENDENT CONTRA CONTRACTOR is an independent contractor under this Agreement. Personal services provided by the CONTRACTOR shall be by employees of the Contractor and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the CONTRACTOR. 12 ARTICLE 20. NON -ASSIGNABILITY CONTRACTOR shall not assign any of the obligations or benefits imposed hereby or contracted herein, without the written consent of the City. ARTICLE 21. ENTIRE AGREEMENT 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 22. BINDING EFFECT This Agreement shall inure to the benefit of and be binding upon the respective parties successors. IN WITNESS WHEREOF, the parties hereto have caused their respective agents to execute this instrument on their behalf, at the times set forth below. ATTEST: 1 Marion Swenson, CIVIC City Clerk Corporate Secretary Corporate Seal 13 CITY OF TAMA AC B�: J e Schreiber, Mayor tv.at Jeffre . Mi- er, City Manager Date WESTWAY TOWING, INC Signature of President F rinted Name of President Date Z, .—/ — 0 -(-) CORPORATE ACKNOWLEDGEMENT STATE OF i !� COUNTY OF z& C.;L�J 4 __ The foregoing instrument was acknowledged before me this day of 1 , 20i_o byXQIV'�"x/.E%(name of officer or agent, title of officer or age of Fame of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He is ersonally know to me take an oath. (type of identification) as identification and did (did not) 14 hz�, /"/ &4 Signature of Notaryublic — State of Florida bolky% STFuFA' �. . x r Print r'yps-or.Stamp Name of Notary Public AOYPp*, STEVEN M. BONAFINO �,-, r - nAMJSSION # CC 684501 , V.,, F5 EP 30, 2001 BONDED THRU OF;F ATLANTIC BONDING CO., INC ATTACHMENT "A" GENERAL CONDITIONS/TECHNICAL REQUIREMENTS VEHICLE TOWING SERVICES Successful proposer, hereinafter referred to as the Contractor, shall enter into a Franchise Agreement with the City of Tamarac, Florida hereinafter referred to as the CITY, for the purpose of providing adequate and qualified towing and wrecker service to the public. 1. RESOLUTION OF DISPUTES All disputes concerning the level of service or any matter referred to herein will be referred to the City Manager of the City of Tamarac, or his designee, who shall conduct such investigations and inquiries, including discussions with the Contractor which the City Manager deems appropriate; the City Manager, or his designee, shall be the sole judge of the merits of the dispute and the CONTRACTOR shall abide by the decision of the City Manager. 2. PERMIT FEES Annual permit fees shall be payable by four equal quarterly payments, in advance and shall be due on the first business day of the contract quarter. If permit 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. If permit fees are more than twenty (20) days late, contractor is subject to suspension or cancellation at the City's sole option. 3. ADDITIONAL CONTRACTOR RESPONSIBILITY Any related costs to towing, recovery, storage, or administration that are not specifically stated in this contract will be the sole responsibility of the Contractor. Contractor can only charge vehicle owners or operators the rates listed in this contract and under the terms and conditions contained in this contract. Any proposed changes in fees shall be submitted in writing and approved by the City prior to implementation. The written request shall be accompanied by an amended "Schedule of Prices for Towing and Wrecker Service" reflecting the proposed changes. 4. RESPONSIBILITY FOR PAYMENT The City of Tamarac will not be responsible for the collection or payment of any charge for services rendered by reasons of its having dispatched service in accordance with this contract unless such service charge is applicable to City owned, confiscated, or leased vehicles or equipment, street clean up without a tow (equivalent to a normal automobile tow), or City authorized special services. All other such services rendered shall be charged to the owner of the towed vehicle or other lawful claimant of possession. Page 1 of 14 one result. Upon termination of the criminal investigation, which does not result in criminal charges, the City at its sole discretion may cancel the contract or reinstate the contract. Should criminal charges result from the investigation, at the conclusion of the trial or upon a plea bargain by the Contractor, the City in its sole discretion may cancel the contract or reinstate the contract. 9. SPECIAL SERVICES If additional duties, similar to those contained in the Technical Specifications of this RFP, but not specified in that part, are required by the City, and the Contractor is able to provide those special services, those services may be requested under this contract by authorized City staff. Examples of such special services could be removal of an aircraft from water, or recovery of a large piece of City equipment from mud. In such instances, the City will depend upon Contractor's experience in such matters and authorize the Contractor to assemble all necessary special equipment and staff, including use of subcontractors, to resolve the special or emergency situation. Whenever possible, estimated costs for such special services shall be provided to the City prior to engaging in work, and all costs shall be subject to negotiation. In any such instances, the City reserves the right, time and circumstances permitting, to seek the special services elsewhere in accordance with the City procurement ordinances. 10. ASSIGNMENT/STOCK TRANSFER This contract shall not be assigned, sold, or transferred unless the Contractor obtains prior City written permission. If the Contractor is a corporation other than a publicly held corporation subject to regulations by the U.S. Securities and Exchange Commission or by the State of Florida Department of Banking and Finance, such corporation shall include a list of its shareholders with its proposal. The City will reserve the option to terminate the contract upon any change in ownership of the corporation's stock, whether from the transfer of authorized and issued shares, the issuance of authorized but unissued shares, or the issuance of any additional shares, authorized by increases in capital stock limitations. 11. NON EXCLUSIVE SERVICES Nothing contained in this contract will prevent the owner or operator of a motor vehicle from calling a wrecker or tow truck of his choice, or requesting that his vehicle be towed to a garage location or compound of his choice and not that of the Contractor, unless the disabled vehicle is creating a tie up of traffic or hazardous situation in the opinion of the appropriate City official at the scene. 12. BENEFIT FROM REPAIR The Contractor shall not engage directly, or indirectly without prior written City approval, in the automotive or truck repair, paint and body, salvage, junkyard, or recycling business. If the Contractor has any interest in automotive or truck repair, paint and body, salvage, junkyard, or recycling businesses, he shall so state in his proposal and list the specifics. The specific circumstances and relationship of the Contractor to these peripheral activities will be reviewed Page 3 of 14 17. VARIANCES While the City allows Contractors to take variances to the RFP terms, conditions, and specifications, the number and extent of variances taken will be considered in determining proposal responsiveness and in allocating proposal evaluation points. TECHNICAL AND OPERATIONAL REQUIREMENTS The Contractor shall be a holder of a general towing and wrecker service license issued by Broward County, be in good standing currently and such Contractor or business shall have been conducted actively for a minimum of three (3) years. The Contractor must also have all necessary City, county and local licenses and permits as may be required to operate this type of business. 1. RESPONSE TIME The contractor is to respond (arrive at the scene) within fifteen (15) minutes of notice at any time of the day or night with appropriate equipment at the request of the BSO, or in the case of City vehicles, by an authorized City employee. The Contractor assumes all liability in meeting the fifteen (15) minutes response time including, but not limited to, any and all damages resulting from traffic accidents and motor vehicle infraction fines. n The following penalties shall apply to the contractor for failure to respond within the required time frame during any consecutive twelve (12) month period: A. First Three Offenses: Notification via Certified Letter. B. Fourth Offense: $250.00 fine. C. Fifth Offense: $350.00 fine or suspension, at the City's option. D. Any further offense: $500.00 fine, suspension, or termination, at the City's option. O The Contractor is not to hook up or move any vehicle at the scene in any way without first having received instructions from a BSO member or other authorized City staff member. In the case of abandoned or derelict vehicles where a BSO member is not waiting at or on his way to the scene, and the Contractor is so notified, response time shall be within twenty-four (24) hours of notice. 2. SERVICE CALL CANCELLATION The City reserves the right to cancel a request for services at any time, including up to the time of hook-up, without any charge. The Contractor agrees that the mere response to a service call including arrival at the scene, without other action, does not constitute a service call where charges are applicable. Page 5 of 14 towing vehicles must be equipped with a two-way radio capable of covering all assigned territory and the Contractor's Compound. Contractor shall have full control and total availability of all equipment listed below in the contract inventory. A. Class "A" Towing/Recovery Vehicle Specifications Quantity: 6, including flatbed car carriers 1. A truck chassis with a manufacturers rated capacity of at least 10,000 pounds gross vehicle weight. A complete commercially manufactured crane and winch having a manufacturers rating of at least 4+ tons must be mounted on the chassis. Hand crank winches do not satisfy these requirements and will not be approved. 2. A minimum of one hundred feet of 3/8-inch cable. 3. Cradle or tow plate or tow sling to pick up vehicles. The cradle or tow plate is to be equipped with safety chains and so constructed that no further damage will occur when picking up vehicles. 4. Dual rear wheels. 5. Vehicles that are equipped with wheel lifts or equivalent may also qualify as Class "A" tow trucks so long as all other applicable requirements are met. 6. In addition, Contractors should have sufficient roll -back or slide back car carriers with specifications and equipment as follows: • A minimum of a one -ton truck with a sixteen foot bed, dual wheels and one winch with an 8,000 pound capacity. • A minimum of 50 feet of 3/8-inch cable. • A brake lock device. • A minimum of two -safety tie down chains twenty feet in length. • Tow spot (flood) lights mounted on the rear. B. Class "C" Towing/Recovery Vehicle Specifications Quantity: 2 1. A truck chassis with a manufacturers rated capacity of at least 30,000 pounds gross vehicle weight for single axle trucks and 50,000 pounds gross vehicle weight for tandem axle trucks. A complete twin winch, commercially manufactured crane and a winch having a manufacturers rating of at least 25+ ton capacity mounted on the chassis. 2. A minimum of two hundred (200) feet of at least 5/8-inch cable on each drum. 3. Air brakes so constructed as to lock the rear wheels automatically upon failure. Air brake system to supply air to disabled vehicles. 4. A cradle or tow plate or tow sling to pick up vehicle. The cradle or tow plate or tow sling is to be equipped with safety chain and so constructed that no further damage will occur when picking up vehicles. 5. Dual rear wheels. C. Special Equipment: Equipment such as a Lowboy, air cushions, or major street clean up equipment does not have to be part of the Contractor's inventory. However, Contractor must Page 7 of 14 The name, address and telephone number of the Contractor and any other required decals or markings must be applied as required by section 713.78(6), F.S. and current Broward County Ordinances. 8. RADIO COMMUNICATIONS The Contractor agrees to provide a 2-way radio communication system. The communication system shall be between the Contractor's base station and all tow and service trucks utilized in providing police service within the city limits.. A citizens band radio does not meet this requirement. Federal Communications Commission guidelines will prevail. The Contractor is at all times required to have the communication system staffed by competent employees. 9. STORAGE FACILITIES The contractor will maintain a storage garage and outside storage facilities complying with all provisions of applicable building, zoning, and environmental regulations sufficient to store all vehicles towed under this contract until such vehicle(s) are claimed by the owner or otherwise disposed of legally. The Contractor must maintain a Principal Compound of not less than 50 vehicle capacity. Said compound shall be owned or leased by the Contractor and shall be located no further than Sunrise Boulevard on the south and the Broward/Palm Beach County Line on the north. The compound shall be open and staffed for vehicle receipt or release seven (7) days per week and twenty-four (24) hours per day. Unless picked up by the owner, vehicles towed and/or stored at the direction of the City will be held at this location for a minimum of five (5) days until released by the Tamarac BSO to permit BSO personnel convenient access to such vehicles. The equipment and facilities described below are to be located at this compound. A. Inside Storage 1. Paved floor, i.e., concrete or asphalt, free of dirt, standing water and vegetation. 2. Working area of 9' x 20' per vehicle with at least an 8' ceiling. 3. Have, within thirty (30) days of award, a hydraulic rack capable of lifting vehicles totally off the floor or equivalent facilities to permit BSO investigators to stand below the vehicle to make thorough investigations. 4. Electrical lighting source sufficient to permit processing of vehicle. 5. One outside window or ventilation system. 6. May not be located on the physical plant (grounds) of another business; i.e., inside storage must be located inside the physical plant of the Contractor's business. 7. Contain a minimum of two (2) inside storage spaces. B. Outside Storage 1. To be kept and maintained to include: the removal of junk tires and auto parts, the trimming of all shrubbery, trees and lawns (fence line and grounds), adequate drainage to prevent standing water after rainstorms. 2. Must contain a minimum of fifty (50) spaces and housed so that a person may reasonably walk around each vehicle or trailer in an unobstructed manner. Page 9 of 14 10. PROTECTION OF VEHICLES AND PROPERTY The Contractor's liability for any vehicle towed and all property contained therein will commence with the time the wrecker is hooked onto the towed vehicle. The Contractor will have his employee, representative or agent, complete a Vehicle Storage Receipt (Tow Slip) jointly with a BSO member or owner or possessor of the vehicle, for each vehicle he is directed to tow. Such Tow Slip shall be provided by the BSO. One copy shall be maintained by the Contractor as a permanent record; one copy will be given to the owner or operator of the vehicle being towed (if known) or placed inside the vehicle; and one copy will be retained by the BSO. The Vehicle Storage Receipt shall contain the following information: A. Make of vehicle and type. B. License number and VIN number. C. A list of all personal property contained in the vehicle to be towed. D. General description of the vehicle as to the condition, damaged parts (identified in detail), missing parts, and such other information as may be necessary to adequately describe the vehicle. E. Any extra waiting time or complications charges authorized by officer at the scene. In the event a BSO member is not at the scene the report shall be signed by the Contractor and immediately delivered to the Tamarac BSO. No vehicle can be removed from the scene until the Vehicle Storage Receipt has been completed and signed. The Contractor shall be solely liable and responsible to the owner or legal entity entitled to lawful possession of all personal property in any vehicle towed under the authority of this contract. In the event of a complaint of missing items from the vehicle, the Contractor will cooperate with the BSO Investigator in an investigation pertaining to the missing items, which will include making the wrecker driver or lot personnel available to the BSO Investigator. The Contractor shall be responsible for the safekeeping of and shall be accountable to the owner of the vehicle for all personal property, vehicle accessories, as well as for the vehicle stored within the storage facilities of the Contractor. Personal property contained in vehicle(s) which are removed and stored by the Contractor shall NOT be disposed of by the Contractor to defray any charges for towing or storage of vehicle(s) and such property must be returned to the owner or other person legally entitled to lawful possession of the vehicle upon request and without regard to any fees owed by such person or legal entity. 11. RELEASES The Contractor shall directly release any vehicle, which has not been marked "Hold" providing the proper proof of identification and ownership is presented. Any vehicle towed that is marked "Hold" cannot be released without written' authority from the Tamarac BSO. The Contractor shall release any vehicle towed in at the request of the BSO only to the person whose name appears on the title or registration certificate as the registered owner of the vehicle or to the authorized agent of such person. Page 11 of 14 17. INVOICES The Contractor shall provide a separate invoice for each and every towing service provided under this contract. The basic information contained in the invoice shall include, but not be limited to the following: A. Date of service call. B. Service call number assigned by Tamarac BSO. C. Location where tow originated and destination. D. Vehicle VIN number. E. Vehicle make and model. F. Vehicle license number. G. Drivers name and I.D. number. H. Reason for the tow such as: accident, parking, road blockage, city vehicle, confiscated, abandoned/derelict, etc. I. Breakdown of all towing, recovery, and storage charges. On the back of the page of the invoice that is provided as a receipt or attached on separate sheet when the owner pays for and picks up his vehicle will be legibly printed or stamped with the following information: A. A policy statement concerning rates, policies, and procedures provided by the City. B. A list of all approved rates. C. City telephone numbers for questions or complaints regarding the contract. The type size and content of this information is subject to City approval. 18. FORM OF COMPENSATION The CONTRACTOR agrees to accept the following forms of payment at the storage facility and in the field: cash, at least one major credit card, any commercial business check or travelers check. 19. CONTRACTOR FILES/AUDIT Contractor shall maintain at his principal compound or central offices files, which include but are not limited to the following: A. A Vehicle Storage Receipt for each vehicle impounded under the contract. B. A copy of all paid invoices. C. A log of calls for service. D. A notification log indicating date, time, and method of notification to the registered owner of an impounded vehicle. E. A log containing all vehicles that have remained unclaimed for thirty (30) days or more. Contractor agrees to maintain all files directly related to the contract and to make those files available for City inspection. Page 13 of 14 EXHIBIT "A" REQUEST FOR PROPOSALS I� �OR1� BID # 00-14R VEHICLE TOWING SERVICES FINANCE DEPARTMENT PURCHASING DIVISION CITY OF TAMARAC 7525 NW SSTH AVENUE TAMARAC, FLORIDA 33321-2401 City of Tamarac Finance Department, Purchasing Division 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 724-2408 Website: www.tomorac.org DATE: September 26, 2000 RFP NO. 00-14R REQUEST FOR PROPOSALS ALL INTERESTED PARTIES: The City of Tamarac, Florida, hereinafter referred to as CITY, will receive sealed Proposals at the office of the Purchasing and Contracts Manager, City Hall, 7525 NW 88th Avenue, Tamarac, Florida 33321, for furnishing the services described below: VEHICLE TOWING SERVICES Sealed Proposals must be received and time stamped in by the Purchasing and Contracts Manager, either by mail or hand delivery, no later than 2:00 p.m. local time on Wednesday, November 1 2000. Any Proposals received after 2:00 p.m. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Offeror. Proposals are subject to the attached Standard Terms and Conditions contained in the Instructions to Offerors. CITY reserves the right to reject any or all Proposals, to waive any informalities or irregularities in any Proposals received, to re -advertise for Proposals, to award in whole or in part to one or more offeror's, or take any other such actions that may be deemed to be in the best interests of the CITY. *LnJa?S. Flurry, CPP Purchasing/Contracts Manager Publish: Sunday, October 81h & 1 5", 2000 Page 1 of 4 Equal Opportunity Employer 4. Price Proposal Submit your signed, firm, fixed fee performance -based price proposal for providing all services, materials, etc., required for services to the public in accordance with your technical proposal and the annual franchise fee payable to the City of Tamarac. 5. Proposal Copies Submission of five (5) copies of the proposal should be submitted to the City of Tamarac, City Hall, 7525 NW 88th Avenue, Tamarac, Florida 33321, to the attention of Lynda S. Flurry, Purchasing and Contracts Manager. 6. Addenda, Additional Information Any addenda or answers to written questions supplied by the City to participating Offeror's become part of this Request for Proposal and the resulting contract. This Proposal form shall be signed by an authorized company representative, dated and returned with the Proposal. No negotiations, decisions or actions shall be initiated or executed by the Offeror as a result of any discussions with any City employee. Only those communications which are in writing from the Purchasing and Contracts Manager may be considered as a duly authorized expression. Also, only communications from Offerors which are signed and in writing will be recognized by the City as duly authorized expressions on behalf of the Offeror. V. EVALUATION OF PROPOSALS Evaluation Method and Criteria Proposals will be evaluated in accordance with weighted criteria listed below: I161101A;T-A&C Firm qualifications & capabilities to provide excellent service to the public and the City 0 - 40 References from current and past customers 0 - 20 Cost of Services to Public IfIIt�iI Franchise Compensation to City 0 - 10 100 Page 3 of 4 INSTRUCTIONS TO OFFERORS STANDARD TERMS AND CONDITIONS RFP 00-14R 1. DEFINED TERMS 1.1 Terms used in these Instructions to Offerors are defined and have the meaning assigned to them. The term "Offeror' means one who submits a Proposal directly to CITY as distinct from a Sub -Offeror, who submits a Proposal to the Offeror, The term "Successful Offeror" means the qualified, responsible and responsive Offeror to whom CITY (on the basis of CITY'S evaluation as hereinafter provided) makes an award. The term "CITY" refers to the City of Tamarac, a municipal corporation of the State of Florida. The term "Proposal Documents" includes the Request for Proposals, Instructions to Offerors, Proposal, Qualifications Statement, Non - Collusive Affidavit and Public Entity Crime Statement, Corporate Resolution or Letter of Transmittal, Proposal Security and Specifications, if any, and the proposed Contract Documents, if any, (including all Addenda issued prior to receipt of Proposals), The term "CONTRACTOR" shall mean the individual(s) or firm(s) to whom the award is made and who executes the Contract Documents. 2. SPECIAL. CONDITIONS 2.1 Any and all Special Conditions that may vary from the General Conditions shall have precedence. 3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 3.1 Before submitting a Proposal, each Offeror must (a) visit the site to familiarize himself with the facilities and equipment that may in any manner affect cost, or performance of the work; (b) consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, or performance of the work, (c) study and carefully correlate the Offeror's observations with the Proposal Documents; and (d) notify the Purchasing and Contracts Manager of all conflicts, errors and discrepancies, if any, in the Proposal Documents. 3.2 The Offeror, by and through the submission of a Proposal, agrees that he shall be held responsible for having examined the facilities and equipment; familiarized himself with the nature and extent of the work and any local conditions that may affect the work to be done and the equipment, materials, parts and labor required. 4. SPECIFICATIONS 4.1 The apparent silence of the Specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the Specifications shall be made on the basis of this statement. Page 1 of 10 7. NON -COLLUSIVE AFFIDAVIT AND PUBLIC ENTITY CRIME FORMS 7.1 Each Offeror shall complete the Non -Collusive Affidavit, and the Public Entity Crimes Form and shall submit the forms with the Proposal. CITY considers the failure of the Offeror to submit these documents to be a major irregularity and may be cause for rejection of the Proposal. 8. CONFLICT OF INTEREST 8.1 The award of any contract hereunder is subject to the provisions of Chapter 112, Florida Statutes. Offerors must disclose with their Proposal the name of any officer, director, partner, proprietor, associate or agent who is also an officer or employee of CITY or any of its agencies. Further, all Offerors must disclose the name of any officer or employee of CITY who owns, directly or indirectly, an interest of five percent (5%) or more in the Offeror's firm or any of its branches or affiliate companies. 9. PERFORMANCE BONDS AND INSURANCE 9.1 Prior to acceptance of the proposal, the Successful Offeror, when required by the Special Conditions, shall submit performance bonds, certificates and/or policies of insurance in the manner, form and amount(s) specified in the Special Conditions. 10. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS 10.1 The following is a summary of documents, which are to be submitted by the Offerors: (a) Proposal and Offeror's Certification (b) Certified Resolution (c) Qualifications Statement (d) Non -Collusive Affidavit (e) Public Entity Crimes Statement (f) Offeror's Corporate Statement (g) Certificate(s) of Insurance (h) Drug Free Workplace Statement 11. SUBMISSION OF PROPOSALS 11.1 Proposals must be typed or printed in ink. Use of erasable ink is not permitted. All corrections to prices made by the Offeror must be initialed. 11.2 Proposals must contain a manual signature of the authorized representative of the Offeror. Proposals shall contain an acknowledgment of receipt of all Addenda. The address and telephone number for communications regarding the Proposal must be shown. Page 3 of 10 intended correct Proposal is not similarly evident, then Offeror may withdraw its Proposal and the Bid Security will be returned. Thereafter, the Offeror will be disqualified from further bidding on the subject Contract. 13. REJECTION OF PROPOSA 13.1 To the extent permitted by applicable state and federal laws and regulations, CITY reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the work with the Successful Offeror, and the right to disregard all nonconforming, non -responsive, unbalanced or conditional Proposals. Proposal will be considered irregular and may be rejected, if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations, or irregularities of any kind. 13.2 CITY reserves the right to reject the Proposal of any Offeror if CITY believes that it would not be in the best interest of the CITY to make an award to that Offeror, whether because the Proposal is not responsive or the Offeror is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by CITY. SPECIAL CONDITIONS TO INSTRUCTIONS TO OFFERORS 14. QUALIFICATIONS OF OFFERORS 14.1 Each Offeror shall complete the Qualifications Statement and submit the same with his Proposal. Failure to submit the Qualifications Statement and the documents required thereunder with the Proposal may constitute grounds for rejection of the Proposal. 14.2 As a part of the Proposal evaluation process, CITY may conduct a background investigation, including a record check by the Broward Sheriff's Office of Offeror. Offeror's submission of a Proposal constitutes acknowledgement of the process and consent to such investigation. 14.3 No proposal shall be accepted from, nor will any contract be awarded to, any person, who is in arrears to CITY, upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to CITY, or who is deemed irresponsible or unreliable by CITY. 14.4 CITY reserves the right to make a pre -award inspection of the Offeror's facilities and equipment prior to award of Contract. 15. ENVIRONMENTAL REGULATIONS CITY reserves the right to consider Offeror's history of citations and/or violations of environmental regulations in determining an Offerors responsibility, and further reserves the right to declare an Offeror not responsible if the history of violations warrant such determination. Offeror shall submit with the Proposal, a complete Page 5 of 10 18. Bidder shall indemnify and hold the City harmless from any damage resulting to it for failure of either Bidder or any Subcontractor to obtain or maintain such insurance. 17.2 The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract: Limits Line of Business/ Coveraae Garagekeeper's Legal Liability $75,000 Garage Liability $500,000 per occurrence Workers' Compensation & Employer's Statutory Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. 17.3 Neither Bidder nor any Subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all Subcontractors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. 17.4 All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. 17.5 The Successful Offeror agrees to perform the work under the Contract as an independent contractor, and not as a subcontractor, agent or employee of CITY. INDEMNIFICATION 18.1 GENERAL INDEMNIFICATION; The CONTRACTOR shall indemnify and hold harmless the CITY, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the CONTRACTOR or its officers, employees, agents, subcontractors, or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the CITY or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is Page 7 of 10 21. TAXES Successful Offeror shall pay all applicable sales, consumer use and other similar taxes required by law. 22. PERMITS, FEES AND NOTICES Successful Offeror shall secure and pay for all permits and fees, licenses and charges necessary for the proper execution and completion of the work. The costs of all permits, fees, licenses and charges shall be included in the price Proposal except where expressly noted in the specifications requirement. 23. TERMINATION FOR CAUSE AND DEFAULT In the event Successful Offeror shall default in any of the terms, obligations, restrictions or conditions in any of the Proposal documents, CITY shall give written notice by certified mail, return receipt requested to Successful Offeror of the default and that such default shall be corrected or actions taken to correct such default shall be commenced within ten 10 calendar days thereof. In the event Successful Offeror has failed to correct the conditions of default or the default is not remedied to the satisfaction and approval of CITY, CITY shall have all legal remedies available to it, including, but not limited to termination of the Contract in which case Successful Offeror shall be liable for all procurement and reprocurement costs and any and all damages permitted by law arising from the default and breach of the Contract. 24. TERMINATION FOR CONVENIENCE OF CITY Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to Successful Offeror, CITY may without cause and without prejudice to any other right or remedy, terminate the agreement for CITY's convenience whenever CITY determines that such termination is in the best interests of CITY. Where the agreement is terminated for the convenience of CITY, the notice of termination to Successful Offeror must state that the Contract is being terminated for the convenience of CITY under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, Successful Offeror shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding subcontractors and purchase orders to the extent that they relate to the terminated portion of the Contract and refrain from placing further orders and subcontracts except as they may be necessary, and complete any continued portions of the work. 25. AUDIT RIGHTS CITY reserves the right to audit the records relating to this contract of Successful Offeror at any time during the performance and term of the Contract and for a period of three (3) years after completion and acceptance by CITY. If required by CITY, Successful Offeror shall agree to submit to an audit by an independent Page 9 of 10 EXHIBIT "B" WESTWAY GIECWI G IM. 3S1S 11.W. 49 S�YELET IiAMARAC. FLORIDA W09 00 4) 731-1115 City Of Tamarac October, 30, 2000 Purchasing / Contracts Manager 7525 N. W. 88" Ave. Tamarac, Florida 33321 Re: BID# (00)-14R VEHICLE TOWING SERVICES CLOSING DATE NOVEMBER 1 2000 NO LATER THAN 2:00 PM. Dear Lynda S. Flurry, My name is Richard Goldstein, owner and operator of WestWay Towing Inc.. WestWay Towing operates twenty- four hours a day, seven days a weep year round with all licenses in current standing. The main office of WestWay Towing is located at 1010 NSR7, Lauderhill, Florida. Our satellite location at 3818 NW 49 ST. in Tamarac has been at this location for over 10 years. This facility is secured by a SIX-FOOT WALL. WestWay Towing has been approved and will be starting construction on our new ENVIROMENTALLY STATE OF THE ART TOWING AND STORAGE FACILITY located at SR 7 and Oakland Park Blvd, Lauderdale Lakes, Florida. This facility is by far the closest tow facility to the City of Tamarac; actually 1.7 miles from Tamarac City Limits. This enables a faster response time in case of emergencies. This facility has an EIGHT FOOT WALL completely surrounding the facility with an inside storage area for those vehicles requiring protection from inclement weather and capable of storing 60 vehicles. We have a separate air conditioned designated area within our facility with two lifts and tools for vehicles that are being held for crime scene investigation. We are able to prevent physical contamination or deterioration of degradable evidence. At the present time we are responding to adjacent Cities such as Lauderhill, Lauderdale Lakes, North Lauderdale, and Sunrise. Being so close is another plus for vour residents. The law states that the owner of the vehicle must release the vehicle from the tow yard before the vehicle can be moved. With many elderly residents having one car per household, WestWay will pick up the stranded resident free of charge, if there is no way for the resident to come down to release the vehicle. WestWay Towing can provide comprehensive towing services to the City of Tamarac residents in a manner equal to or greater than those described in your bid specifications. In addition to providing the basic services WestWay's approach includes special features that make our plan of service most effective and beneficial to the residents of Tamarac. EFFECTIVE APPROACH BENEFITIN RESIDENTS WestWay Towing is uniquely qualified to effectively accommodate the needs of the City of Tamarac residents. We distinguish ourselves by recognizing the importance of courtesy and customer satisfaction. This is reflected in our mission statement and the following special features of the company. E *********MISSION STATEMENT******* WestWay Towing is committed and dedicated to providing its service in a Professional, Efficient, Caring, and Courteous manner to drivers and passengers whose vehicles have become inoperable. Over the past eight years our service to the City of Tamarac has been flawless. The $2000 CASH PERFORMANCE BOND has never been jeopardized in any way for poor service or a bad response time. The City has never been sued by anyone at anytime for any service that WestWay Towing has performed under its contract. **********SPECIAL FEATURES********** 1. ON -CALL CUSTOMER SERVICE VEHICLE Free transportation is provided to those in need at the scene of an accident or breakdown. Tamarac residents will be taken to their home, local car rental agency, or to our primary office free of charge. WestWay Towing does not allow any customer to be left stranded at a breakdown or accident scene. 2. SAFE,_ ACCESSIBLE LOCATION All Tamarac residents can reach our primary location within minutes. Primary needs of the customer can be met at our main location. In addition to on -site customer conveniences our offices are m safe walking distances to two restaurants, banking facilities, three hotels, and a car rental facility. 3. TRAFFIC HOMICIDE AND CRIME SCENES WestWay Towing has been approved by BSO to service potential Traffic Homicide Accidents. Our employees are experienced in recovering and holding vehicles in strict compliance with the needs of onsite traffic investigations and crime scenes. WestWay Towing has extensive experience in complex recoveries involving Police, Fire, and Emergency Agencies. The indoor storage facility is located at 1010 North State Road 7, Lauderhill, Florida. This facility is equipped with 3 mechanical lifts and a complete tool box to fulfill the investigative needs of the City of Tamarac Police Department. An emergency incoming phone line is provided for the use of the Tamarac Police Department, the number is (954) 731-0473. Also available is a certified weigh station located at 764 N.W. 57 CT, Ft Laud.. WestWay will tow any vehicle to this station for weighing. • • WestWay Towing has experience in all types of towing and recoveries. At the present time WestWay Towing is handling Traffic Homicide scenes for the Broward Sheriffs Office in West Broward County. WestWay has handled some of the most complex recoveries such as the plane crash on Commercial Blvd. to the tractor -trailer roll-over on interstate 95. We shared housing at Tamarac City Hall during Hurricane Andrew, and worked hand in hand with the Broward Sheriffs Office and the Tamarac Fire Rescue to maintain a safe and successful environment. All of our drivers are trained to handle overturned vehicles. More importantly they are trained to service calls in a courteous, and professional manner. 4. MOTOR CLUB FLEX PLAN WestWay has current agreements with some of the major motor clubs to provide service directly to their members. This will benefit the City of Tamarac Police Department with a better response time. Our scope of service is further amplified by applying the following qualifications and service. At this time WestWay Towing is in contract with the Broward Sheriffs Office Unincorporated Areas, City of Weston, City of Tamarac, City of Lauderdale Lakes, City of North Lauderdale, City of Lauderhill, City of Sunrise, Florida Highway Patrol, Broward County Dept. of Transportation, Allstate Motor Club, and most other major motor clubs. WestWay has been servicing the City of Tamarac and the City of Lauderdale Lakes for more then eight years. The City of Lauderhill has been serviced by WestWay for over six years and has just negotiated a new contract for an additional three years. The City of North Lauderdale has renewed their contract for an additional term. Our relationship with these cities is excellent, due to the quality of service we provide them. Our vehicle notification process is computerized, and is directly connected to the State of Florida Department of Motor Vehicles. This allows immediate owner information and the ability to notify them of the whereabouts of their vehicle. WestWay Towing has a great business -community relationship and has always been very involved in the City of Tamarac. From the Chamber of Commerce, Tamarac Day, the Veterans Day Parades, local school functions, and the Night Out Against Crime, we have always been a major contributor. We have vehicles at the local schools for truck day and provide destroyed vehicles for DUI awareness. We also make available, for the cities we service, vehicles for Police Dept. stings, as well as cars for your Fire Dept. to destroy so they may keep up with there emergency equipment training. We feel we have a responsibility to give back to the Cities that we service. 9 RESPONSE TO GENERAL CONDITIONS ITEM 12. WestWay Towing is solely owned by Richard Goldstein. My son owns Tamarac Paint and Body which has been in business since 1988. Each business is treated totally independently, and customers from WestWay Towing are never forced into a repair situation. Our customers; your residents will always have the freedom of choice in choosing the repair facility that they wish to use.. Please feel free to inquire with the cities that are being serviced at this time about this relationship. I'm sure you will be happy with the results. There have been numerous times when WestWay Towing has gone above and beyond, and I would like to share one with you. A young lady was taken out of her vehicle at gun point and her vehicle was taken. The Police Dept. recovered the vehicle and WestWay towed the vehicle to its compound. When the vehicle was finally released from its hold, we gave it back at no charge and had a locksmith come out to make another set of keys so she could take her car. The criminal had thrown her keys away. I gave the keys to her at no charge and received the biggest hug and thank - you. The City received a letter from her telling how she had never been treated like that before, and how WestWay turned her misfortune into a happy ending. WestWay Towing would like to continue servicing the City of Tamarac, and perform the same service that we have shown over the past eight years. . ThankYau Sincerel , O Richard Goldstein 11 KEY INDIVIDUALS AND THEIR EXPERIENCE Brett Holcombe : Operation Manager (954) 475-7777 Twenty years experience in the Towing Industry Business Management Degree; University of North Carolina Experience in overturned vehicles, class AAC ASE Certified mechanic with 10 years in motor club towing AAA service award winner Amoco service award winner Extensive experience with Police agencies in handling accident scenes. Instructs safety classes monthly to all employees to improve on company safety standards. Craig Goldstein General Sales Manager (954) 444-4771 Nineteen years experience in the Towing Industry General Motors Insurance Adjuster Training School Bachelors Degree in Electrical Engineering, Pratt Institute Associates Degree in Electronic Technology, Academy of Aeronautics Past Treasurer, Lauderdale Lakes Community Council City of Lauderhill Boys & Girls Club, Board Member City of Tamarac, Chamber member City of Lauderdale Lakes -Lauderhill Chamber Member Community Alliance for Career and Family Development Founder Activities provider for all local City events from children's sporting events To Night Out Against Crime Parades Michelle Morse Office Manager Dispatch Supervisor (954) 731-1115 Special expertise in vehicle disposal requirements and documentation Coordinates Law enforcement with stolen vehicle information Interacts with computerized DMV services to provide vehicle ownership information. Trained and experienced in distinguishing priority calls Tow Truck Operators Fifteen operators are trained and skilled to coordinate the prompt performance of their services with and as directed by local law enforcement. All drivers are trained and skilled in the effective operation of their wreckers. They are also experienced in evaluating and providing the services necessary for the removal of overturned vehicles, crushed vehicles, and submerged vehicles. All drivers are attired in official company uniforms. They are specialty trained to assist and accommodate motorists and passengers who are at the scene of any breakdown or accident as described in our Scope of Service. This includes arranging for WestWay's "ON CALL" Customer Service Vehicle to transport motorists and passengers at the time of an accident or Break down location to their Broward County home or our executive offices; or even to a rental car office. WesiWay Towing has Certified Divers available 24 hours a day. EQUIPMENT AVAILABLE WestWay Towing is equipped with the finest commercially manufactured equipment available, and at any time can handle any type of Recovery or Wrecker situation that has occurred. Our equipment consists of the following: CLASS A 2000 GMC With Century Express Wrecker CLASS A 2000 Freightliner with Century 2 Car Carrier with Wheel lift SERVICE 2000 Chevrolet 1500 with Wheel lift Emergency CLASS D 1999 Volvo Tractor with 1999 Fontaine Detachable Lowboy CLASS D 1999 Volvo Tractor with 1999 660 Landoll Carry -all CLASS A 1999 Ford Super Duty with Dynantic Wrecker Unit 40 CLASS A 1999 Mitsubishi FH Century 2 Car Carrier with Wheel lift CLASS A 1999 Mitsubishi FH Century 2 Car Carrier with Wheel lift CLASS A 1999 International with Century 2 Car Carrier with Wheel lift CLASS B 1999 International Class B Flatbed with Wheel lift CLASS D 1998 Volvo Tractor with 1999 Landoll 660 Carry -all CLASS D 1998 Volvo Tractor with 1999 Fontaine Detachable Lowboy CLASS B 1998 Inter.4700 Crew Cab Wrecker with Challenger 614 Wheel lift unit CLASS A 1998 International 4700 21 Foot Steel Two Car Flatbed with Wheel lift CLASS A 1998 International 4700 21 Foot Steel Two Car Flatbed with Wheel lift SERVICE 1998 Ford 150 4 BY4 Emergency Response Vehicle and Service Vehicle CLASS D 1996 International Loadstar with 2000 930 Landoll Trailer CLASS C 1989 Peterbuilt 377 with 1995 Challenger 50-30 Ton Wrecker In addition to this fleet West Way Towing has designed a special Traffic Homicide Trailer which is a 1994 22 foot carpeted trailer containing High and Low Pressure Air Cushions and the support equipment necessary to upright vehicles. This trailer has a generator for outdoor lighting and the ability to light a distance of/z the size of a football field. The trailer also stores the dive equipment necessary for water PROPOSAL FORM FOR VEHICLE TOWING SERVICES REQUEST FOR PROPOSAL NO.00-14R SUBMITTED TO: City of Tamarac 7525 NW 88' Avenue Tamarac, Florida 33321 The undersigned Offeror proposes and agrees, if this Proposal is accepted, to enter into an Agreement with CITY to perform and furnish all work as specified or indicated in the Proposal and Contract Documents for the Contract price and within the Contract time indicated in the Proposal and in accordance with the other terms and conditions of the Proposal and Contract Documents. 2. Offeror accepts and hereby incorporates by reference in this Proposal Form all of the terms and conditions of the Request for Proposal and Instructions to Offerors, including without limitation those pertaining to the disposition of Proposal Security. 3. The Offeror has become fully informed concerning the local conditions, and nature and extent of work, and has examined all Contract Documents. 4. Offeror has given the Purchasing and Contracts Manager written notice of all conflicts, errors or discrepancies that it has discovered in the Contract and/or Proposal documents and the written resolution thereof by the Purchasing and Contracts Manager is acceptable to Offeror. 5. Offeror proposes to furnish all labor, materials, equipment, machinery, tools, transportation, supplies, services, and supervision for the work described as follows: Vehicle Towing Services 6. Offeror will pay the. City a franchise fee of $ 0 0 annually to the C ity. 7. Offeror will provide services to the public for the following costs: Page 1 of 9 W U_ 7 'W'^ vJ W U w fz V z 7 O 1NN- �.L O w U CL LL O W J D W Cd cu (1) E E ai a`ai 0 o a a a a z zO z z`� � V + O 64 64 64 64 64 64 6g 64 m E a) E C tlJ O O z z1�3 ` z z \ p o 64 64 64 64 64 69 6f3 64 U O ql cd 64 64 6{} 64 64 93 C En N c o n C ? C N p : L y 3 fA `+ y •[ 7 a) - y� 7 a> E U CL •C U w0 N -� a — V O a) L o ro 2 a 0 3: U� ?� 3� v y 3 co -� c`o `° m U �- co m `° C3 U 3 CD o° `° 3 O 5 � En OmaiO " y �t;o o fA y y o d y y y O d. j .0 7 y E �� E3o 2 yo °a� W �3�°�j M v" °� Q a)- Y C: °' _ ►` m Q -0U Q'- co Q -o X w O --CD © N c Y- CV Cl) 0 c z 5 Q] a) E a] a) E O© �J a � � a IC) z z` 64 EA EA 69 6R3 d�} 0 (� (6 0 N =o Mo V � vp U CL q7 0 CL tit N a) a 7 O to a Nn v a a is O D z C oft C9 U v M 'o n v p O F- < b (o w U } W U) W a z m CQ 6 U N U is ♦_. U U � rn uj U 0 O I-- O Q1 P: a Z W Q w Ca a Q' @ L �, a) 0 c U _0 F= m c7 to S] U w J w U c) w F- � 3 Jp N o° C = v CV CO � 69� 613. bel. 69- O 1 v 64 v 0 Ch row �. ui m W tn R E T _ a (j •° U U U v O I x I x 1 �) O � `) � a 0 U U U m O v N U ca ra Ci t7 ai cu a 3 .�0 C tll � U b � 3 0 0 I O V Q a m m O Qi Qi Ql �0 d � >� O *' d O4 z cr d � y} F�} � R 41 r 3 c d 0 0.4) a C1 CL to _ M v� 6 .3 3 :) a) .0 to ` C, a U) U) 0 72 �2 t C p vi I 1 0 d N n •r" V .d O O U _ F Uf f � 7 c O z c c c �c m N 0 O t N U r va a a O N z ` Z O y N a � � N U � Q N O. ftl Q � m to d � O) a ffip> d cn `°a 0 _Q Z _d Z Z En 0 (� o U ro � C c L) y a m o 3 c� o 0 CC n C rn � �d o a �2 Q� O E V 20 \ y (0 n V x CL aCL CO S m 64 69 64 E — cc L _T U C 0 U N W 7 (p C] O c[ m a m '^LLI `m c`v co O 11 • 8. Acknowledgem, s hereby made of the following Adde received since issuance of the Request for Proposal: Addendum No.Date /0 Addendum No. Date Addendum No. Date , (identified by number) 9. The following documents are attached to and made as a condition to this Proposal: (a) Proposal and Offeror's Certification (b) Certified Resolution (c) Qualifications Statement (d) Non -Collusive Affidavit (e) Public Entity Crimes Statement (f) Offeror's Corporate Statement (g) Certificate(s) of Insurance (h) Drug Free Workplace Statement 10. PLEASE HAVE YOUR INSURANCE REPRESENTATIVE CAREFULLY REVIEW ANY INSURANCE COVERAGES AND CONDITIONS PRIOR TO SUBMITTING YOUR PROPOSAL TO ENSURE COMPLIANCE WITH THE INSURANCE REQUIREMENTS OF THE INSTRUCTIONS TO OFFERORS. 11. The CITY reserves the right to award this contract on the basis of any combination of the above items, or all items, in which the CITY deems in its best interests. 12. The correct legal name of Offeror is: City/State/Zip: Telephone No.: Social Security No. or Federal I.D. No.: 13 Communications con at the followin I shall be addressed to/ on J f Submitted on _ / , 2000 Page 5 of 9 CERTIFIED RESOLUTION %G (Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of ' do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREB RESOLVED THAT A�,W'V �S>�r�(Name)", the duly elected �0 (Title of Officer) ofir� iv6 (Corporate Title) be and is hereby authorized to execute and submit a Bid an Bid Bond, if such bond is required, to the City of Tamarac 14 and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. 4purther' certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this C) day of QG , 20 00 (SEAL) By. Sec p4ary Corporate Title NOTE -- The abc;ve is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction 'the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been operly empowered by the corporation to do so in its behalf. OFFEROR'S CERTIFICATION • s WHEN OFFEROR IS A CORPORATION IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this .� day of , 20 on Printed Name of Corporation �1c� .._ Printed State of Incorporation Signature of President or other authorized officer (CORPORATE SEAL) �' 12i] GvC�srf_�.cf Printed Name of President or ATTEST: By Secretary other authorized officer .38 i .Sr Address of Corporation City/State/Zip C' O Business Phone Number On this the,_ day of (3c7-v3,5e- , 20 oo , before me, the undersigned Notary Public of the State of d.e.J�i9„ ._ , the foregoing instrument was ackn9,wledged by e of or orate officer(s) and his/ /their corporate title(s)] of ,S .v G.� --d , on (Name of corporatio and state or place of incorporation) behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLI STA OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: Ernie 81e1t Holcombe ** My Commission CC632552 o Expnes March 24.2001 .OPTIONAL INFORMATION: Type of Document: Notarized: (Name of Notary Public: Print, Stamp, or Type as Commissioned.) 0 Personally known to me, or ❑ Produced identification: (Type of Identification Produced ❑ DID take an oath, or ❑ DID NOT take an oath. Number of Pages Number of Signatures Page 9 of 9 0 NON -COLLUSIVE AFFIDAVIT C7 State of,,G�Lif�iy )ss. County of/ �- ) l being first duly sworn, deposes and says that: (1) He/she is the (0 ne ,Partner, Officer, Re ntative or gent) of the Offeror that has submitted the attached Prop sal; (2) He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure trough any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Page 1 of 2 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. to the City of Tamarac for cl wr.siG wry 0 by _At,-e`�I2W rc✓>S7 _�� __a and statement) Federal Employer Identification Number (FEIN) _ OIC2 0 - (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is and (please print name of individual ning) my relationship to the entity named above is 11 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 2089, as a result of a jury verdict, non jury trial, or entity of a plea of guilt or nolo contenders. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The owner by one person of shares constituting a controlling interest in another person, or a Page 1 of 3 _. .0 ACKNOWLEDGMENT State of Florida County of�crrf� On this the 30 day of �C'�' f20j::.)O, before me, the undersigned Notary Public of the S to of Florida, perso ally appeared /Gr /fir Gr rti and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand �---�" and official seal. NOTARY PUBLIC, S )TE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: ads Ernie Brett Holcombe yk�* My commisalon CC832552 ` Expires March 24, 2001 3(Lc-is I~LomSE (Name of Notary Public: Print, Stamp, Or Type as Commissioned.) Personally known to me, or ❑ Produced identification: (Type of Identification Produced ❑ DID take an oath, or ❑ DID NOT take an oath. OPTIONAL INFORMATION Type of Document: Number of Pages: Number of Signatures Notarized: Page 3 of 3 FOREIGN (NON-FLORIDA) CORPORATIONS MUST COMPLETE THIS FORM /v/� 6EPARTMENT OF STATE CORPORATE CHARTER NO. If your corporation is exempt from the requirements of Section 607.1501, Florida Statutes, YOU MUST CHECK BELOW the reason(s) for the exemption. Please contact the Department of State, Division of Corporations at (904) 488.9000 for assistance with corporate registration or exemptions. 607.1501 Authority of foreign corporation to transact business required. (1) A foreign corporation may not transact business in this state until it obtains a certificate of authority from the Department of State. (2) The following activities, among others, do not constitute transacting business within the meaning of subsection (1): (a) Maintaining, defending, or settling any proceeding. (b) Holding meetings of the board of directors or shareholders or carrying on other activities concerning internal corporate affairs. (c) Maintaining bank accounts. (d) Maintaining officers or agencies for the transfer, exchange, and registration of the corporation's own securities or maintaining trustees or depositaries with respect to those securities. (e) Selling through independent contractors. M Soliciting or obtaining orders, whether by mail or through employees, agents, or otherwise, if the orders require acceptance outside this state before they become contracts. (g) Creating or acquiring indebtedness, mortgages, and security interests in real or personal property. (h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts. (i) Transacting business in interstate commerce. (j) Conducting an isolated transaction that is completed within 30 days and that is not one in the course of repeated transactions of a like nature. (k) Owning and controlling a subsidiary corporation incorporated in or transacting business within this state or voting the stock of any corporation which it has lawfully acquired. (1) Owning a limited partnership interest in a limited partnership that is doing business within this state, unless such limited partner manages or controls the partnership or exercises the powers and duties of a general partner. (m) Owning, without more, real or personal property. (3) The list of activities in subsection (2) is not exhaustive. (4) This section has no application to the question of whether any foreign corporation is subject to service of process and suit in this state under any law of this state. Please check one of the following if your firm is NOT a corporation: (1) Partnership, Joint Venture, Estate or Trust (II) Sole Proprietorship or Self Employed NOTE: This sheet MUST be enclosed with your bid if you claim an exemption or have checked I or II above. If you do not check I or II above, your firm will be considered a corporation and subject to all requirements listed herein. BIDDER'S CORRECT LEGAL NAME SIGNATURE OF AUTHORIZED AGENT OF BIDDER • VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement effects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if non of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the businessDs policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 5. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Authorized Signature Comgzliy Name ■ -C:)- 2102 WESTWAY TOWING EXHIBIT 2 3681 WEST OAKLAND PARK BLVD LAUDERDALE LAKES FL. 33311 954 731-1115 August 8, 2005 City of Tamarac 7525 N. W. 88 ave Tamarac, Florida 33321 (954) 724-1.230 Dear Purchasing Director Keith Glatz, Over the past fourteen years WestWay Towing has been servicing your City of Tamarac residents as well as the people driving through your city with an impeccable record of service. We have been involved in all civic events from parades to athletic programs, and always participate in your community events as well as night out against crime. WestWay 'Towing has had less then a handful of complaints over this period of time and in this business that is something to be proud of. We are a police holding compound which takes orders from your police department when a car or truck or plane crashes. We take the liability from your City and put it into our hands. We store any valuables while the people go to the hospital. We make sure their personal property is put into safe keeping, and the City of Tamarac is held non responsible for any of my company actions. The City of Tamarac has never been sued in the fourteen years we have towed for the City of Tamarac, for any actions that involved Towing. We are now the largest Towing facility in Broward County at SR7 and Oakland Park Blvd. We are still the closest to the City of Tamarac which enables us to respond in emergencies faster than the Police dept. on some occations. WestWay Towing has never been fined for any kind of violation that is in our contract. We have never in fourteen years been written up by any City official, Police official or purchasing. Our franchise fees are paid in full every quarter. WestWay Towing has trained every fire man that works for your City by giving hundreds of cars for extrication classes, as well as the competitions at the fire house which we gave close to fifty cars more than once. This is thousands of dollars that we donate for your training programs. We have towed hundreds of vehicles for free which belong to the City Public Works, as well as BSO cars, over this period of time. WestWay Towing would like to exercise our option to continue to Tow for the City of Tamarac for the next five years. We would ask the City to allow us to bill at the Broward County rates, which was researched by Broward County. Insurance rates and fuel has doubled since we started but our rates have stayed low. Our franchise fee is almost twice the City of Coral Springs and there company charges Broward County fees. We have other contracts as well that charge Broward County fees and these fees are fair considering the price increases our industry has received. Please consider our option for renewal. We have maintained the most prestigious fleet of wrecker vehicles in the state. We have the only rotator in Broward County, and we want to be the Cities Towing company for the next hundred years. We keep you out of trouble. Leave the aggravation to us! ! Thank you for giving us a great start. Tamarac was our first City.. Today we have S Cities and the Florida Highway Patrol. Your city accounting group has been to our office to review contract performance, and I think they left with the feeling that the City of Tamarac was doirgsiness over fourteen years with the right company. Craig Goldstein CEO WestWay Towing 15 years later aroi � v r- cu C]. 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All additions/changes are underlined and red. All other terms, conditions, and specifications shall remain the same. This addendum shall be signed below and submitted with the proposal. If you have any questions, please call (954) 724-2450. 4I-yS. Flurry, CPPO Purchasing/Contracts Man ISinture Of Pro oser------ Date Company Name Equal Opportunity Employer AGREEMENT AMENDMENT # 1 TO AGREEMENT BETWEEN CITY OF TAMARAC /:,1I,II] WESTWAY TOWING, INC. RENEWAL FOR FIVE (5) YEAR TOWING FRANCHISE AGREEMENT AMENDMENT # 1 TO AGREEMENT BETWEEN CITY OF TAMARAC AND WESTWAY TOWING, INC. RENEWAL FOR FIVE (5) YEAR TOWING FRANCHISE RENEWAL AGREEMENT FOR TOWING WRECKER AND STORAGE SERVICE THIS AGREEMENT AMENDMENT made and entered into in Broward County, Florida this day of C , 2005 by and between the City Of Tamarac, a municipal corporation organized and existing under the laws of the State of Florida, with principal offices located at 7525 NW 881h Avenue, Tamarac, Broward County, Florida 33321, (hereinafter referred to as CITY) and Westway Towing, Inc., a Florida Corporation, with principal offices located at 3681 West Oakland Park Boulevard, Lauderdale Lakes, Florida 33311 (hereinafter referred to as CONTRACTOR). W ITNESSETH: WHEREAS, the CITY and CONTRACTOR entered into an Agreement dated January 10, 2001, relative to the furnishing of Towing, Wrecker and Storage Services in the City of Tamarac; and 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 renewing the existing Agreement for such services upon the terms and conditions set forth in the original Agreement, as amended herein; and WHEREAS, CONTRACTOR has agreed to increase current annual franchise payments paid to the CITY by approximately ten percent (10%) beginning in year 1, and by approximately ten percent (10%) each year in year 2, year 3, year 4 and year 5; and WHEREAS, CITY and CONTRACTOR have agreed to permit an increase in fees in accordance with the amended Exhibit "B", attached hereto, titled "Schedule of Prices for Towing and Wrecker Service"; which shall allow for variable increases for "Normal tow" services, as stated in such exhibit; and WHEREAS, the CONTRACTOR agrees to provide towing services at no charge for any sub -governmental agencies responsible for performing City Services, including any Broward Sheriff's Office (BSO) Vehicles within the City of Tamarac corporate limits ; and NOW THEREFORE, in addition to the obligations set forth in the Agreement of January 10, 2001, the parties agree as follows: 1. Article 4, Franchise Payment, Section 4.1 is amended to read as follows: ARTICLE 4. FRANCHISE PAYMENT 4.1 In consideration of the grant contained in Article 3 hereof, CONTRACTOR agrees to pay CITY as compensation for the right to use its streets, alleys and thoroughfares an amount ("Street User Fee") in accordance with the following schedule of payments: year. Year Annual Franchise Fee 1 $41,250.00 2 $45,375.00 3 $49,910.00 4 $54,905.00 5 $60,395.00 The first payment shall be due at the time of execution of the Agreement and subsequent payments are due on the first day of each quarter thereafter. 3 2. Article 5, Term, is amended to read as follows: ARTICLE 5. TERM 5.1 Agreement Term: the term of this agreement shall be renewed for a five (5) year period commencing on and including January 1, 2001 2006 and expiring on December 31, 2005 2010. 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. 3. Article 6, Scope of Services, is amended to add Section 6.12 as follows: ARTICLE 6. SCOPE OF SERVICES 6.12 CONTRACTOR agrees to provide towing services at no charge for any sub - governmental agencies responsible for performing City Services including an Broward Sheriff's Office BSO Vehicles within the City of Tamarac corporate limits. 4. Article 16, Local Office, Section 16.8 is amended to read as follows: ARTICLE 16. LOCAL OFFICE 16.8 CONTRACTOR's storage facility is located at 3681 W. Oakland Park Blvd. Lauderdale Lakes,, Florida 33311, 1010 NSR7 Lauderhaill, . This location may not be changed without the written permission of the City. 4 5. Article 18, Miscellaneous, Section 18.5 is amended to read as follows: ARTICLE 18. MISCELLANEOUS 18.5 Notices: 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 r-glic+ormel I United -States mail, with ro+i irn ronai..4 requested. U.S. EX reSS Mail air or round courier services or by messenger services addressed to the party for whom it is intended at the following addresses: CITY City Manager City of Tamarac 7525 N.W. 881h Avenue Tamarac, FL 33321-2401 Phone 954-72^�597-3511 With a copy to City Attorney at the same address. CONTRACTOR RiGhap-Craig Goldstein President Westway Towing, Inc. 3681 W. Oakland Park Blvd. _,moo -Lauderdale Lakes, FL 9 33311 Phone 954-731-1115 6, The January 10, 2001 Agreement between the CITY and CONTRACTOR and all subsequent amendments and addenda thereto not subject to this or other duly executed amendments and addenda remain in full force and effect. Failure to specifically delineate any prior terms or conditions in this amendment does not operate to relieve CITY or CONTRACTOR of any obligations pursuant to this Agreement or waive any rights contained therein. 7. The effective date of this Amendment to the Agreement shall be January 1, 2006. 5 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement Amendment to the January 10, 2001 Agreement on the respective dates under each signature, the City of Tamarac signing through its Mayor and City Manager, and Westway Towing, Inc. signing by and through Mr. Craig Goldstein, President, duly authorized to execute same. ATTEST: Marion Swens n, CIVIC City Clerk Approved as to form and legal suffi iency:. Sim el S. Goren,Interim City Attorney Corporate Secretary N/A Corporate Seal N/A [01 CITY OF TAMARAC / By: Joe Schreiber, Mayor c 1- CJ OS Dale By: Jeffr6y L. Miller, City Manager 1 Date WESTWAY TQ1l , IN w. Sig natuf(rO "President _ Craig Goldstein' Date CORPORATE ACKNOWLEDGEMENT STATE OF � \ 0 Y l J` 0` COUNTY OF *?> Y- ca tW C�-�J The foregoing instrument was acknowledged before me this I.2— day of 0C. �p-CX 200Jby Craig Goldstein, President of Westway Towing, Inc., a Florida corporation, on behalf of the corporation. 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