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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2017-006Temp.Ord. # 2359 May 8, 2017 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2017- s(r> 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; RENEWING A FRANCHISE AGREEMENT WITH WESTWAY TOWING, INC., PROVIDING FOR TOWING SERVICES FOR THE CITY OF TAMARAC FOR THE PERIOD BEGINNING AUGUST 1, 2017 THROUGH JULY 31, 2022; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the provision of towing services supports the City's strategic goal of having a safe and vibrant community; and WHEREAS, the city awarded a Franchise Agreement for Towing Services on July 11, 2012, with an effective August 1, 2012, to Westway Towing, Inc. via Ordinance 0-2012-17 based on the results of a competitively solicited Request for Proposal #12- 12R, a copy of said Ordinance is on file with the City Clerk; and WHEREAS, the original Franchise Agreement provided for an option to renew the Franchise Agreement for an additional five (5) year period based on satisfactory performance by the Contractor, Westway Towing, Inc., and WHEREAS, Westway Towing, Inc. has provided satisfactory performance to the City and to BSO with very few complaints from members of the public; and Temp.Ord. # 2359 May 8, 2017 Page 2 WHEREAS, the original Agreement called for an annual Towing Franchise Fee at $65,000; and WHEREAS, the cost of services to the public as enumerated in the Agreement are to be in accordance with rates established by the Broward County Administrative Code, Part XXVIII, "Maximum Non -consent Rates", section 27-150, as may be amended from time to time, in effect at the time of the provision of services, a current copy of which is attached hereto as Exhibit 1"; and WHEREAS, the City's franchise fee may be adjusted upward in the event of an action by the Broward County Board of County Commissioners to increase the fees established by the Broward County Administrative Code, Part XXVII, Section 27-150(6); and WHEREAS, the Broward County Board of County Commissioners enacted an increase in towing rates effective February, 2015 which was effective April, 2015; and WHEREAS, as the result of the increase in towing rates authorized by the Broward County Commission, the franchise fee to be paid to the City effective April, 2015 was $78,000; and WHEREAS, Sections 40.37.c.4 and 27.150(f)(6) of the Broward County Administrative Code provides that non -consent towing rates be reviewed annually prior Temp.Ord. # 2359 May 8, 2017 Page 3 to October 1st and increased by the lesser of the annual percentage change in the Consumer Price Index (CPI) or 3 percent ; and WHEREAS, the most recent adjustment occurred in October, 2016, which was equal to the CPI increase of 1.2 percent between January, 2015 and January 2016, resulting in an adjustment to the franchise fee; and WHEREAS, based on the October, 2016 adjustment, the current franchise fee to be paid to the City is now $78,936; and WHEREAS, Section 7.19 of the City of Tamarac Charter requires the award of all franchises to be made by ordinance; and WHEREAS, it is the recommendation of the Financial Services Director and the Purchasing and Contracts Manager that the appropriate City Officials are authorized to execute Agreement Amendment #1 to renew the Franchise Agreement for towing services with Westway Towing, Inc. for towing services for a period beginning August 1, 2017 through July 31, 2022, a copy of said Agreement Amendment is attached hereto as Exhibit "2", 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 to renew the Franchise Agreement for towing services with Temp.Ord. # 2359 May 8, 2017 Page 4 Westway Towing, Inc. providing for towing services for a period beginning August 1, 2017 through July 31, 2022. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA that: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof and all exhibits referenced and attached hereto are incorporated herein and made a specific part of this Ordinance. SECTION 2: The appropriate City Officials are authorized to execute Agreement Amendment #1 to renew the Franchise Agreement for towing services with Westway Towing, Inc. for towing services for a period beginning August 1, 2017 through July 31, 2022, a copy of said Agreement Amendment is attached hereto as Exhibit "2". SECTION 3: 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. SECTION 4: If any clause, section, other part or application of this Ordinance is held by any court of competent jurisdiction to be unconstitutional or [J �1 Temp.Ord. # 2359 May 8, 2017 Page 5 invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Ordinance. SECTION 5: This Ordinance shall become effective immediately upon its passage and adoption PASSED, FIRST READING this day of 2017. PASSED SECOND READING this day of '2017. HARM DRffSSLER W.AYOR ATTEST: 01 ",OW r PATRICIA TEUFE , C CITY CLERK RECORD OF COMMISSION VOTE: 1st Reading MAYOR DRESSLER -- DIST 1: COMM. BOLTON DIST 2: COMM. GOMEZ G DIST 3: COMM. FISHMAN n DIST 4: VICE MAYOR PLACKO J I HEREBY CERTIFY that I have approved this ORDINANCE as to form RECORD OF COMMISSION VOTE: 2nd Reading MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: COMM. GOMEZ DIST 3: COMM. FISHMAN DIST 4. VICE MAYOR PLACKO SAMUEL S. ::)Ep CITY ATTORNEY AGREEMENT AMENDMENT # 1 TO AGREEMENT BETWEEN THE CITY OF TAMARAC AND WESTWAY TOWING, INC. TOWING SERVICES FRANCHISE AGREEMENT City of Tamarac Purchasing and Contracts Division AGREEMENT AMENDMENT #1 TO AGREEMENT FOR TOWING, WRECKER AND STORAGE SERVICES BETWEEN THE CITY OF TAMARAC WESTWAY TOWING, INC. THIS AGREEMENT AMENDMENT #1 Amends AGREEMENT effective August 1, 2012 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Westway Towing, Inc., a Florida corporation with principal offices located at 3681 West Oakland Park Boulevard, Lauderdale Lakes, Florida 33311 (the "Contractor") to provide the exclusive franchise rights for all towing services required by the City or by the Broward Sheriff's Office (BSO) acting on behalf of the City. CHANGES ARE SHOWN IN UNDERSCORE/STRIKE-OUT FORMAT AMEND ARTICLE 4. FRANCHISE PAYMENT 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") of S)ty-Five Seventy- Eight Thousand Dollars and no Cents ($65;0004G) ($78.000.00) which shall be payable by four equal quarterly payments as invoiced by the City. Payments shall be made in advance and shall be due on the first business day of the contract quarter. If franchise 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 franchise fee payments are more than twenty (20) days late, contractor is subject to suspension or cancellation at the City's sole option. 4.2 The first next regularly scheduled payment shall be due at on the first day of the next quarter time e# immediately following the execution of the renewal Agreement, Gn and subsequent payments are due on the first day of each quarter thereafter. 4.3 The franchise fee shall be adjusted by a percentage equal to any percentage change to Item 1.a, Class A Vehicle Towed, "Towing" of Section 2450 27.150 of the Broward County Administrative Code, Part XXVIII. "Maximum Nonconsent Rates", "Tows from private property (`Private Property Tows')". This shall include any percentage increase resultant from changes to the Consumer Price Index ("CPI") or three percent (3%) which ever is lower, as delineated in Section 27.150 (6) of the Broward County Administrative Code, Part XXVIII. 4.4 Any revised franchise fee will be effective on the effective date of any adjustment to Section 24.50 27.150 of the Broward County Administrative Code, Part XXVIII. "Gategaries and Maximum Feesfe Maximum Noncoms nt Rates". 4.5 As the result of an increase to the Broward County Towing rates as detailed in Section 27.150 of the Broward County Administrative Code adopted February 10 2015 CONTRACTOR, as required by Article 4 Section 4.3 herein shall pay to CITY a make-up payment of Twenty -Six Thousand Dollars of Tamarac; and Contracts Division ($26 000 00) which shall include payment for calendar years 2015 and 2016 of Thirteen Thousand Dollars ($13 000 00) for each year, based on a rate increase for Class A Vehicle Towed for Tows from private property from $100 per tow to $120 per tow, which shall be calculated based on the Franchise Fee established during the original contract term effective date of $65 000. The increase is based on the following calculation: $120/$100 = 1.20 $65 000 x 1.20 = $78,000 $78 000 $65 000 = $13 000 annual increase per year to be paid in arrears that shall be due on immediately upon approval of this Agreement. AMEND ARTICLE 5, "TERM" to read as follows: ARTICLE 5. TERM 5.1 Agreement Renewal Term: the agreement renewal term of this agreement shall be for a five (5) year period commencing on and including August 1 2017 and expiring on July 31 2022. 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. AMEND ARTICLE 6 "SCOPE OF SERVICES" to read as follows: ARTICLE 6. SCOPE OF SERVICES 6.1 CONTRACTOR shall comply with the requirements and proposal specifications as enumerated in Request for Proposal # 12-12R dated March 21, 2012 and incorporated herein and made a part hereof as if set forth in full incorporated herein by reference, and as seen in this Agreement and attached exhibits; and Westway Towing Inc. proposal response to Request for Proposal # 12-12R, dated April 25, 2012. In the event of a conflict in documents, this Agreement shall prevail, followed in order of precedence by Exhibit "A" to this Agreement, Request for Proposal # 12-12R dated March 21, 2012 as issued by the CITY, and CONTRACTOR'S proposal response dated April 25, 2012. 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 five yeaF 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. 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. City of Tamarac and Contracts Division 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 thirty (30) minute time frame for Class A and B tows, or forty-five (45) minute timeframe for Class C & D tows, following the request by CITY, then, CITY may at its discretion call upon another towing or wrecker service to provide the service required. 6.7 In the event that CONTRACTOR cannot by reason of equipment failure or other reason respond adequately to CITY's needs, it shall be the responsibility of CONTRACTOR to advise the CITY immediately and to further advise CITY of the terms of CONTRACTOR's inability to provide adequate service so that CITY may call upon another wrecker or towing service during this period. 6.8 CONTRACTOR agrees to maintain at all times modern, updated equipment capable of meeting all the needs of CITY in connection with the terms of this agreement and further, CONTRACTOR agrees that the said equipment shall, in addition to the specifications and requirements set forth in the attached Exhibit "A" incorporated herein and made apart hereof as if set forth in full, also be staffed by well trained and courteous personnel. All equipment purchases and maintenance shall be at CONTRACTOR's expense. Failure to maintain the equipment will be considered a material breach of this agreement. 6.9 CONTRACTOR shall be familiar with and shall be responsible for complying with all Federal, State and Local laws, ordinances, rules and regulations that in any manner govern CONTRACTOR's operation. 6.10 CONTRACTOR agrees to provide and furnish any and all information requested by any Broward County law enforcement agency. 6.11 CONTRACTOR agrees that upon arrival at any accident scene, the tow truck operators will remove from the site any hazardous debris, spilled petroleum products or volatile items unless directed otherwise by the fire department or law enforcement agency. AMEND ARTICLE 7 to read as follows: ARTICLE 7. BOOKS AND RECORDS 7.1 The City of Tamarac is a public agency subiect to Chapter 119 Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically the CONTRACTOR shall. 7 1 1 Keep and maintain public records required by the City in order to perform the service; 7 1 2 Upon request from the City's custodian of public records provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 7 1 3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration_ of the contract term and following completion of the contract if the contractor does not transfer the records to the CITY. 4 City of Tamarac Purchasing and Contracts Division 7 1 4 Upon completion of the contract transfer, at no cost to the CITY all public records in possession of the CONTRACTOR or keep and maintain public records required by the CITY to perform the service If the CONTRACTOR transfers all public records to the CITY upon completion of the contract the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records All records stored electronically must be provided to the CITY upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the CITY. 7.2 During the term of the Agreement, the 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 Director of Financial Services or designee. The Contractor agrees to make available to the Director of Financial Services or designee, 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. 7.3 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. AMEND ARTICLE 8 "COST OF SERVICES TO THE PUBLIC" to read as follows: ARTICLE 8. COST OF SERVICES TO THE PUBLIC 8.1 CONTRACTOR charges and fees for towing, wrecker and storage and wrecker service rendered within the City limits of the City of Tamarac in connection with this provision of the agreement shall be as established by the Broward County Administrative Code, Part XXVIII. "GategeFie6 and Maximum Code Section 27.150, "Maximum Nonconsent Rates", iRGlWdiR9 GGde 6eGtiGR6 24. ` 4 62 ` 4 53, 24.54 and 24 as may be amended from time to time, in effect at the time of the provision of services. 8.2 Rates may only be adjusted pursuant to a formal action taken by the Broward County Commission, by formal resolution, which amends the Broward County Administrative Code. 8.3 Rate adjustments shall become effective on the date provided for pursuant to the effective date established by the Broward County Commission action. 8.4 Any proposed fees for additional services shall be submitted in writing and approved by the City prior to implementation. AMEND TO ADD ARTICLE 25 "PUBLIC RECORDS CUSTODIAN": ARTICLE 25 PUBLIC RECORDS CUSTODIAN 5 City of Tamarac Purchasing and Contracts Division IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG Remainder of Page Intentionally Blank IA _QjKof Tamarac Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement Amendment on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its CEO, duly authorized to execute same. W4� CITY OFT RA p; Harry Dr ssl r, Mayor L? : ��P� Da ATT Michael C. Cernech, City Manag Patricia A. Teufel, CIVIC City Clerk / J Date ATTEST: ( orporate Secretary) Type/Print Name of Corporate Secy. (CORPORATE SEAL) Date: Approved ps to form and Samuef'S. Goren, City Y Signature of CEO CRAIG GOLDSTEIN sufficiency: Type/Print N e of President/Owner Date City of Tamarac Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA SS COUNTY OF BROWARD: I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Craig Goldstein, CEO, of Westway Towing, Incorporated, a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this. day Am 20AJ. mature of Notary Public State of Florida at Large ELIZABETH CO TAMBOLINI Ex Personally known to me or ❑ Produced Identification Type of I.D. Produced DID take an oath, or ❑ DID NOT take an oath. F