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
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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