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HomeMy WebLinkAboutCity of Tamarac Resolution R-96-0191 Temp. Reso. #7315 Revised 1 /5/96 Revised 1 /8/96 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-96- % q 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 IN THE SECOND AND THIRD YEAR OF THE AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND P O IDING FOR AN EFEEQTIVE DATE. 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 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 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: 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 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". SE N : All resolutions or parts of resolutions in conflict herewith are hereby 1 3 Temp. Reso. #7L15 Revised 1 /5/96 Revised 1 /8/96 repealed to the extent of such conflict. SE TI : 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. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ATTEST: �7 CAROL A. EVANS City Clerk I HEREBY CERTIFY that I have pr ved this.RESQ/LUTIOKas to form. MITCHELL S. City Attorney Westway Towing Addend4mdkt Gr-M RECORD OF COMMISSION VOTE MAYOR ABRAMOWITZ DIST.1: COMM. MCKAYE DIST.2: COMM. MISHKIN DIST. 3: C MM. SCHR I BEF DIST.4: COMM. MACHEK ---• 6_ i � Exhibit "A" Temp. Reso #7315 Revised 1 /5/96 Revised 1/8/96 Revised 1 /9/96 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 �!-- day of NLJ , 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. Exhibit "A" Temp. Reso #7315 Revised 1 /5/96 Revised 1 /8/96 Revised 1 /9/96 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 Note —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 CITY. The original term of thip Agreement may be extended for three years with a two year option atIbe-conglusion of the thrppyear 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. Exhibit "A" 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: Article 6 Franchise Payment WESTWAY shall pay to CITY the sum of Sheen Tho sand Twentv Thu and Dollars payable to CITY in four (4) equal installments for the first contract year. And WESTWAY shall pay to CITY an additional 1 OYg egchi Yea hereafter for the -second it rs of the contract ter 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 greemant §9.1. The term of this Agreement shall be for three (3) years with an D2tlon to rpLjgw for a two year term. The franchise fee and customer rates for the renewal term shall bg subject to further_n gota-lQns at the time of renewal. This term shall commence upon date of execution of this Agreement. §92.. CONTRACT_ TERM:_ The term of this Agreement began on August_UL 1992 and is extended by thjs Agreement which shall expire December 31. M- §2-1 OPTION. CITY and WESTWAY_shall Tham the option -to extend the term of thisActreernent on a month -to -month -basis on thirty_(30) days written notice. §9.4. RENEWAL TERM: This Agregmen# i,% renewable for a two year geriod 0 3 Exhibit "A" Temp. Reso #7315 . Revised 1 /5/96 Revised 1 /$/96 Revised 1 /9/96 by CITY. CITY shall not have any cal dig ion_tQ_e_xercise any additional_tgrm. 4. Article 10, Charges and Fees, is hereby amended to read as follows: Artie a 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 during the 1996 ggLitract year._ T-he-garties agree that WESTWAY may charge a 5% incrgase each subsggU@nt contract r thereafter. • 5. Article 11, Flatbed Charges, is hereby amended to read as follows: Article 11 Flatbed Charges §11. WESTWAY's charge for use of a car carrier (flatbed) shall be forty-five ($45.00) dollars inside the City of Tamarac QOmits. Outside the City of Tamarac the charge for a flatbed shall be forty-five ($45.00) dollars per heu or -and three dollars and fifty cents ($3.50) per mile. The hou[ly fee 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 71, r1 Exhibit "A" Temp. Reso #7315 Revised 1 /5/96 Revised 1 /8/96 Revised 1 /9/96 The parties agree that these rates will be maintained during contract year 1996 and may be increased 5% each subsequent 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. F1 ATTEST: Carol Evans, City Clerk Date: l xf 5 -- STATE OF FLORIDA ) COUNTY OF BROWARD ) Exhibit "A" Temp. Reso #7315 Revised 1 /5/96 Revised 1 /8/96 Revised 1 /9/96 Noe, Jr., City 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,rAM� , 1996. ce��%L-- Notary Public, State of Flodda^ at Large Personally known to me Produced identification tiPRy Pbe OFFICIAL NOTARY SEAL Commission Number and Expiration Date: z n KAREN LEE JACKSON 9 COMMISSION NUMBER CC201576 MY COMMISSION UP. OF Flop\ ;UTAv 14 1996 6 "e- s�-/? Exhibit "A" Temp. Reso #7315 Revised 1 /5/96 Revised 1 /8/96 Revised 1 /9/96 WIT ESS: WESTWAY TOWING, INC vitaY 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 have hereunto set my hand and official seal at Tamarac, Broward County, Florida on this day of w i� de , 1996. Notary Public, State f Florida at Large Personally known to me Produced identification Commission Number and Expiration Date: PAUL NASH W COMMISSION 0 CC 307553 &` EXPIRES: SWWmber 27.1997 '3;R ����' Bonded Thnt Nnhry Pubec UndenNilen 7