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
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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
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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 ---•
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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
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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
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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.
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§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
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Exhibit "A"
Temp. Reso #7315
. Revised 1 /5/96
Revised 1 /$/96
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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
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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.
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ATTEST:
Carol Evans, City Clerk
Date: l xf
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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
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"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
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