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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-090Temp. Reso. #8537 March 31, 1999 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99 -10 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXERCISE THE OPTION TO RENEW THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND WESTWAY TOWING, INC. FOR FURNISHING TOWING SERVICES FOR A TWO YEAR PERIOD BEGINNING JANUARY 1, 1999 THROUGH DECEMBER 31, 2000; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABLIITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 19, 1996, the City of Tamarac and Westway Towing, Inc. executed an addendum, attached hereto as Exhibit A", to the August 12, 1992 Agreement, extending the terms of the agreement for three years through December 31, 1998 with a final option to renew for two additional years; �. WHEREAS, the executed addendum allowed for a 5% increase in the rates charged to customers in each contract year and an increase in the franchise fees paid by Westway to the City from $16,000 to $20,000 for the first year and 10% additional each subsequent year; and WHEREAS, Westway Towing has agreed to renew the agreement per the terms of the Addendum dated January 19, 1996; and r:8537 towing rso/Isf 1 1 Temp. Reso. #8537 March 31, 1999 Page 2 WHEREAS, the Assistant City Manager and Purchasing/Contracts Manager recommend approval; 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 exercise the final two-year option to renew the Agreement between the City of Tamarac and Westway Towing, Inc. for furnishing towing services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the appropriate City officials are hereby authorized to accept a two-year renewal of the Agreement between the City of Tamarac and Westway Towing, Inc. as per the letter attached hereto as "Exhibit Iam SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 Resolution is held by any court of competent jurisdiction to be unconstitutional or r:8537 towing rso/Isf 1 �7 f-1 Temp. Reso. #8537 March 31, 1999 Page 3 invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this /4L4ay of 1999. ATTEST: CAROL G90, C /AAE CIT LERK I HE Y ERTIFY that I have Ap oved t 's RESOLUTION as t farm. MITCHELL S CITY ATTC s 11 wm�ssap • - - - u_ •: - RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: comm. P& DIST 2: V/M MISHKIN DIST & comm. SULTANO DIST 4: COMM_ R(W;r li r:8537 towing rso/Isf I 1 3T'(w" EXHIBIT A TEMP RESO 8537 1 Temp. Reso. #Zaj 5 Revised 1/5/96 Revised 1 /8/96 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-96- / / A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN ADDENDUM TO THE AUGUST 12, 1992 AGREEMENT, BETWEEN THE CITY OF TAMARAC AND WESTWAY TOWING, INC. FOR FURNISHING TOWING SERVICES; PROVIDING FOR A MODIFICATION TO ARTICLE 6 OF THE AGREEMENT, FRANCHISE FEES, INCREASING THE FRANCHISE FEE PAID TO THE CITY BY WESTWAY TOWING, INC.; PROVIDING FOR A MODIFICATION TO ARTICLES 2 AND 9 . OF THE AGREEMENT, TERM AND OPTION TO RENEW, EXTENDING THE CONTRACT EXPIRATION FROM DECEMBER 31, 1995 TO DECEMBER 31, 1998 WITH AN OPTION TO RENEW, PROVIDING FOR A MODIFICATION TO ARTICLES 10 AND 11, RATES CHARGED TO CUSTOMERS, ALLOWING FOR A 5% INCREASE 1N THE SECOND AND THIRD YEAR OF THE AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING O AN EFFECJIVE WHEREAS, on August 12, 1992 the City of Tamarac and Westway Towing, Inc. entered into an agreement for furnishing towing services (the "Agreement"); and WHEREAS, the Agreement was approved by Resolution 92-132 on August 12, 1992; and WHEREAS, the City of Tamarac has requested an amendment to Article 6 of the 0 Agreement to increase the franchise fee paid by Westway to the City from $16,000 to $20,000 for the first year and 10% additional each subsequent year; and 2 Temp. Reso. #7315 Revised 1/5/96 Revised 1 /8/96 WHEREAS, Westway Towing, Inc. has requested an amendment to Articles 2 and 9 of the Agreement to extend the expiration date of the Agreement from December 31, 1995 to December 31, 1998 and to provide an option to renew for a two year term; and WHEREAS, Westway Towing, Inc. has requested an amendment to Articles 10 and 11 providing for a rate increase of 5% in each contract year, beginning in contract year 1997; and WHEREAS, the City Manager and City Attorney recommend approval; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to execute an 0 Addendum to the August 12, 1992 Agreement between the City of Tamarac and Westway Towing, Inc. for furnishing towing services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: S-ECTIOU 1: That the foregoing 'WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the appropriate City officials are hereby authorized to execute the Addendum to the August 12, 1992 Agreement between the City of Tamarac and Westway Towing, Inc. for furnishing towing services, attached hereto and made a part hereof as "Exhibit A". 0 SECTION All resolutions or parts of resolutions in conflict herewith are hereby 3 Temp. Reso. #7_15 Revised 1/5/96 Revised 1/8/96 repealed to the extent of such conflict. If any clause, section, other part or application of this Resolution 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 Resolution. This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this • ATTEST: dznt±e���� CAROL A. EVANS City Clerk I HEREBY CERTIFY that I have prpved this,RESO)LUTIO, 4 as to form. MITCHELL S. City Attorney W93108y Towing Awc.rau"M L MAYOR DIST.1: DIST. 2: DIST. 3: DIST. 4: I:� RECORD OF COMMISSION VOTE Exhibit "A" Temp. Reso #7315 Revised 1 /5/96 Revised 1 /8/96 Revised 119196 ADDENDUM TO AUGUST 12, 1992 AGREEMENT BETWEEN THE CITY OF TAMARAC AND WESTWAY TOWING, INC. FOR FURNISHING TOWING SERVICES This Addendum to the August 12, 1992 Agreement between the City of Tamarac (hereinafter "CITY") and Westway Towing, Inc. (hereinafter "WESTWAY"), is made and entered into this �lf— day of k v Y, 1996. WITNESSETH: WHEREAS, the CITY and WESTWAY entered into an Agreement dated August 12, 1992, relating to the furnishing of towing services in the City of Tamarac; and WHEREAS, WESTWAY has expressed a strong desire to have a long term mutually rewarding relationship with the CITY; and WHEREAS, WESTWAY has requested an amendment to Articles 2 and 9 of the Agreement to provide an extension of the term of the Agreement from December 31, 1995 to December 31, 1998; and WHEREAS, the City requested an amendment to Article 6 to provide for an increase in franchise fees paid by WESTWAY; and WHEREAS, in accordance with Article 26, this Agreement can be supplemented and/or amended only by a written document executed and agreed by WESTWAY and CITY. rI 1 Exhibit "A" Temp. Reso #7315 Revised 1/5/96 Revised 1/8/96 Revised 119/96 NOW, THEREFORE, in addition to the obligations set forth in the Agreement of August 12, 1992, between CITY and WESTWAY, the parties agree as follows: 1. Article 2, Non -Exclusive Franchise/Term, is amended to read as follows: Article 2 Non -Exclusive Franchise,/ -term WESTWAY shall have a non-exclusive franchise to provide in accordance with instructions received from CITY or the BROWARD SHERIFF's OFFICE • (hereinafter "BSO"), at CITY or BSO's direction, towing, wrecker and storage • service within the City limits of the CITY OF TAMARAC from the date of this Agreement for a period of three (3) years, under such terms and in accordance with such specifications as may from time to time be specified by WHIEFM • . 1- .-. . -in - with a two year oglion_at the co usion of the three ypar term. If the CITY requests different specifications which change WESTWAY's cost of performance this shall be brought to the attention of the CITY and both parties shall negotiate how the additional costs will be allocated. N Exhibit W Temp. Reso #7315 Revised 1 /5/96 Revised 1 /8/96 Revised 1 /9/96 2. Article 6, Franchise Payment, is amended to read as follows: rA 1 WESTWAY shall pay to CITY the sum of Twenty -Thousand Dollars payable to CITY in four (4) equal installments for the first cont[a�2year. mil• • 1- •- • .1 M •1_UM, - - 1- � (' • secondthird years of the contract JgM. The first payment shall be due on the date of the signing of this Agreement, and subsequent payments are due on the first day of each quarter thereafter. 3. Article 9, Term of Agreement, is amended to read as follows: • Article 9 Term of AgrRement §9.1. The term of this Agreement shall be for three (3) years wi h an o tp jon to renew fora tuo year t,grm. The franghise_fee and custorrte_r_ rates far the renewal term shall be subiect to further ne Dliations at the_time of renewal. This term shall commence upon date of execution of this Agreement. A' •\ ill l- "lll • l •• --1 -1 •-•_ •t _• .. •WA ATO-• • UJ •• 1 t-- t W-1 i I .l t M. - r- -11•-�M �• •' # INK M k i 3 • .AFL ' W 1- - 1' •♦ r1 • - - •[� - -1t • 1 •• -- - •1 - 1101 1 • •1 1 M• 1 •. 1'1 • - §9.4, RENEWAL TEEM This Agreement is renewable for a two yegr l2eriad Exhibit °A" Temp. Reso #7315 Revised 1 /5/96 Revised 1 /8/96 Revised 1 /9/96 by CITY. CITY shall nol have an bli ation toexercise-anyiti nai 4. Article 10, Charges and Fees, is hereby amended to read as follows: Article 10 Charges and Fees §10. WESTWAY's charges and fees for towing and wrecker service rendered within the City limits of the City of Tamarac in connection with the provisions of this Agreement shall be as set forth in the attached "Exhibit B" incorporated herein and made a part hereof as if set forth in full du[igg_Ihe 1296-col3trgct RIM, 1.7-M, TURNMI ma 5. Article 11, Flatbed Charges, is hereby amended to read as follows: §11. WESTWAY's charge for use of a car carrier (flatbed) shall be forty-five ($45.00) dollars inside the City of Tamarac cily limits. Outside the City of Tamarac the charge for a flatbed shall be forty-five ($45.00) dollarspef r or jmd three dollars and fifty cents ($3.50) per mile. The h Lee for jj flatbed is $45.00 per hour. Mileage charges outside Tamarac City limits are as follows: Group 1 $2.75 per mile Group II $3.25 per mile 0 Group III $3.75 per mile 4 ,.,,p- �6 -/ ? Exhibit "A" Temp. Reso #7315 Revised 1 /5/96 Revised 1 /8/96 Revised 119/96 Thg,parties agree ghat these rates will be maintained during contract year 6. The August 12, 1992 Agreement between CITY and WESTWAY 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 addendum does not operate to relieve CITY or WESTWAY of any obligations pursuant to the Agreement or waive any rights contained therein. 7. Effective date of this Agreement shall be date of execution by the last party to execute. IN WITNESS WHEREOF, the parties hereby have made and executed this Addendum to Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor, Norman Abramowitz, and WESTWAY TOWING, INC. signing by and through its President, Richard Goldstein, duly authorized to execute same. »� /e_('L- / I • ATTEST: Carol Evans, City Clerk Date: i STATE OF FLORIDA ) ) ss.. COUNTY OF BROWARD ) Exhibit "A" Temp. Reso #7315 Revised 1/5/96 Revised 1 /8/96 Revised 1/9/96 . BEFORE ME, the undersigned authority, this day personally appeared Norman Abramowitz, Mayor, and Robert S. Noe, Jr., City Manager, and acknowledged to me and before me that they executed the foregoing contract for the uses and purpose therein expressed with due authority in that behalf from the City Commission of the City of Tamarac, Broward County, Florida. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Tamarac, Broward County, Florida on this 1I day of,.1A-NWV , 1996. 2V Notary Public, State of Flo a at Large Personally known to me Produced identification Commission Number and Expiration Date: C� P�e`CiIICM� NOTARY SON 2 �, n KARMI LEE JACRSON COMMISSION NU1166q C C2ISS10 1576 yfFOF F���O YY CDYYISSION HXP. MAY 1a,1996 6 "'e- S4' / 7 Exhibit "A" Temp. Reso #7315 Revised 1 /5/96 Revised 1 /8/96 Revised 119/96 WESTWAY TOWING, INC By RICHARD GOLDSTEIN, PRESIDENT STATE OF FLORIDA ) ) ss.. COUNTY OF BROWARD ) BEFORE ME, the undersigned authority, this day personally appeared Richard Goldstein, President, of Westway Towing, Inc., and acknowledged to me and before me that he executed the foregoing contract for the uses and purpose therein expressed with due authority in that behalf. IN WITNESS WHEREOF, I tpve herein set my hand and official seal at Tamarac, Broward County, Florida on this day of De� , 1996. Notary Public, State f Florida at Large V Y Personal) known to me Produced identification Commission Number and Expiration Date: �• '"� PAUI. NA6H My aM r cc ors: s.v 2 i17 ., Boma TWV Moan rwrc ►hwWwrwn 7 • EXHIBIT B TEMP RESO 8537 • 14101 I© 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,tomarac.org March 15, 1999 Craia Goldstein Westway Towing, Inc. 3818 N.W. 491h Street Tamarac, FL 33309 Dear Mr. Goldstein: The City's Agreement with your company to furnish towing services expired on December 31, 1998. As specified under Article 2 of the Addendum to August 12, 1992 Agreement entitled "Non -Exclusive Franchise/Term", we have an option to renew the existing Agreement for one additional two-year period. This is the final renewal option under the Agreement. Please advise if a two-year extension would be acceptable to your company by completing the appropriate area below and returning this form to the Purchasing Division no later than March 22, 1999. If you have any questions, do not hesitate to contact me. Sincerely, diz, '14 Lynda s. Flurry, CPPO Purchasing and Contracts Manager I hereby agree to a two-year extension of the subject contract. I am unable to provide a two-year extension of the subject contract. Signature Date Equal Opportunity Employer CITY OF TAMARAC INTEROFFICE MEMORANDUM FINANCE DEPARTMENT PURCHASING DIVISION TO: City Manager DATE: April 1, 1999 FROM: Purchasing & Contracts RE: Temporary Resolution Manager #8537 -- Towing Services Recommendation: Please place the attached resolution authorizing the renewal of the Agreement with Westway Towing, Inc. for franchise towing services for a two-year period beginning January 1, 1999 through December 31, 2000. Issue: The towing franchise agreement with Westway Towing, Inc. has expired. Background: On January 19, 1996, the City of Tamarac and Westway Towing, Inc. executed an addendum to the August 12, 1992 Agreement extending the terms of the agreement for three years through December 31, 1998 with a final option to renew for two additional years. The executed addendum allowed for a 5% increase in the rates charged to customers in each contract year and an increase in the franchise fees paid by Westway to the City from $16,000 to $20,000 for the first year and 10% additional each subsequent year. Westway Towing has agreed to renew the agreement per the terms of the Addendum dated January 19, 1996. Tyridg S. Flurry Robert S. Noe, Jr. City Manager bnoe®tamarac.org City of Tamarac 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-1230 • Facsimile (954) 724-2454 April 7, 1999 The Honorable Mayor and Members of the City Commission City of Tamarac 7525 N.W. 88" Avenue Tamarac, Florida 33321 Mr. Mayor and Members of the Commission: On the April 14 Commission Agenda is a resolution and recommendation to extend the current towing service contract with Westway Towing for two years. Mr. Craig Goldstein has requested a five year extension. It may be important for you to have some history on this issue prior to your meeting on the 14th. A contract was awarded to Westway Towing on August 12, 1992 for a three year period. The contract was approved with no renewal options. At the end of the contract period, Westway Towing asked for a five year extension of the contract. Former Assistant City Manager McDermott and former Purchasing Officer Bauer recommended that a three year contract extension be approved and it was through December 31, 1998, with an option for an additional two years. Beginning with the contract period December 31, 1995, fees increased from $16,000 to $20,000 with a ten year increase each subsequent year. Westway was permitted to increase customer rates by 5% in each of the contract years beginning in 1997. If the Commission accepts the staff recommendation for a two year renewal, it will have been approximately ten years since this service was last bid. While there is no dissatisfaction with Westway Towing, it is unusual that an item such as this would not be bid more often. Usually, when contracts are to be extended, there should be authority in the contract for the extension. This is provided for your information and consideration. 0 C: City Attorney �Ve truly yours, ' S - n. Robert S. Noe, Jr. Equal Opportunity Employer