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HomeMy WebLinkAboutCity of Tamarac Resolution R-92-132!6 �7 21 23 22 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-921,12' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA APPROVING AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND WESTWAY TOWING, INC. FOR A THREE (3) YEAR TOWING FRANCHISE FOR THE CITY OF TAMARAC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tamarac, Florida believes that it is in the best interests of the citizens and residents of the City of Tamarac to provide many services and conveniences; and WHEREAS, the City Council is desirous of entering into a three (3) year towing franchise Agreement with Westway Towing, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are hereby authorized to execute an Agreement with Westway Towing, Inc. for a three (3) year towing franchise for the City of Tamarac, a copy of the Agreement is attached hereto as "Exhibit A" and made a part hereof. SECTION 2: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 3: 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. $ECTION_4: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day ofIT�, 1992. H.L. BENDER MAYOR ATTEST: J Y CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. �. AITCHELL S. KRAFT CITY ATTORNEY (Westway.ms) RECORD OF COl1NCIL VOTE MAYOR . BENDER 1 DISTRICT 1: C/M KAT- DISTRICT 2: Y/M ,5,C;HUMANN DIS T RICT 3: C/M SCFIREIFI R _ DISTRICT 4: C/M ABRAMOWITZ 0 July 29, 1992 AGREEMENT BETWEEN CITY OF TAMARAC AND WESTWAY TOWING, INC. FOR THREE (3) YEAR TOWING FRANCHISE 0 THIS AGREEMENT made an entered into this day of 1992, by and between WESTWAY TOWING, INC., (hereinafter referred to as 'WESTWAY") and the CITY OF TAMARAC, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as "CITY"). W ITNESSETH: NOW, THEREFORE, in consideration of the mutual covenants herein contained, together with other good and valuable considerations, the parties hereto agree as follows: 1 . WESTWAY shall comply with the requirements and bid specifications as set forth in the attached specifications, a copy of which is attached hereto as Exhibit "A", and made a part hereof as if set forth in full. 2. 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. 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. 3. An authorized representative of CITY or BSO shall request the services of WESTWAY whenever towing or wrecker service is required in a situation where the owner of the motor vehicle involved did not specify or instruct CITY or BSO to telephone or order service from a specific towing or wrecker service; or where the use of WESTWAY is deemed to be in the best interest of CITY. P� However, in the event that WESTWAY, in the opinion of and within the discretion of CITY or BSO does not have available the necessary equipment to provide the service required at a particular time or place, CITY or BSO 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 WESTWAY is not given the first opportunity to respond, upon WESTWAY's request, the CITY shall provide to WESTWAY a written memorandum setting forth the reason why WESTWAY's services were not utilized. Further, in the event that WESTWAY does not provide service within a reasonable time following the request by CITY or ,BSO, then, in and in that event, CITY or BSO may in its discretion call upon another towing or wrecker service to provide the service required. 4. In the event that WESTWAY cannot by reason of equipment failure or other reason respond adequately to CITY's needs, it shall be the responsibility of WESTWAY to advise CITY immediately and to further advise CITY of the terms of WESTWAY's inability to provide adequate service so that CITY may call upon another wrecker or towing service during this period. 5. WESTWAY 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, WESTWAY agrees that said equipment shall, in addition to the specifications and requirements as set forth in the attached Exhibit "A" also be manned by well trained, courteous personnel. All equipment purchases and maintenance shall be at WESTWAY's expense. Failure to maintain the equipment will be considered a material breach of this Agreement. 0 (1Z / cap -/ 3621r I cr jam_ 5,2 _%J,21i 0 6. WESTWAY shall pay to CITY the sum of SIXTEEN THOUSAND DOLLARS ($16,000.00,) payable to CITY in four (4) equal installments per year. 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. 7. WESTWAY agrees upon demand of CITY to make books and records that relate to the CITY, as well as its storage facility available for inspection by CITY. WESTWAY will cooperate with CITY and any law enforcement organization as fully as allowed by law without interfering with the constitutional rights of WESTWAY's employees, if the CITY or any law enforcement organization requests WESTWAY's cooperation regarding any matter of interest to the CITY or law enforcement. WESTWAY shall maintain adequate and accurate records of all calls and the disposition of all vehicles and all billings and revenue for CITY's inspection upon reasonable notice. 8. WESTWAY 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. 9. The term of this Agreement shall be for three (3) years. This term shall commence upon date of execution of this Agreement. 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 attached Exhibit "B", incorporated herein and made a Part hereof as if set forth in full. 11. WESTWAY's charge for use of a car carrier (flatbed) shall be Forty -Five Dollars ($45.00) inside the City of Tamarac. Outside the City of Tamarac the charge for a flatbed shall be Forth Five Dollars ($45.00) per hour or Three Dollars and Fifty Cents ($3.50) per mile. Mileage charges outside Tamarac City limits are as follows: 0 sre- �� —13 2-U Group I: $2.75 per mile Group II: 3.25 per mile Group III: 3.75 per mile 12. It is expressly understood by and between the parties to this Agreement that CITY is a municipal corporation and this Agreement relates to the provision to the CITY of service that clearly affects the health and welfare of the citizens of the CITY OF TAMARAC. The provision of towing and wrecker service is further clearly related to the maintenance of CITY's vehicles and the safety of the streets and thoroughfares of CITY. By virtue of the extraordinary nature of the CITY's obligation, and by virtue of the unusual nature of the obligations being dealt with in this Agreement, it is understood and acknowledged by WESTWAY that this Agreement may be terminated by CITY Administration immediately at any time that it becomes apparent to CITY that WESTWAY is not performing in accordance with the terms and requirements of this Agreement, or that WESTWAY does not have the facilities and capabilities of performing 9 in accordance with the terms of this Agreement. Termination by CITY Administration may be appealed by WESTWAY to the City Council within fifteen (15) days of termination. For the purpose of this Agreement and this section of the Agreement, these terms include not only the terms set forth in this Agreement,, but also the terms of Exhibits "A" and "B" and such additional or other terms and requirements, as may from time to time during the course of this Agreement be imposed by CITY and agreed to by WESTWAY in order to insure the adequate provision of towing and wrecker service to CITY. It is further understood and agreed that WESTWAY does hereby release CITY from any claim for any damages of any kind in the event of the cancellation of this Agreement by CITY for cause. L-A 6-1 11 (,I _ g22-1_3 0'' 13. WESTWAY agrees not to undertake any repairs to or move any part or parts from any vehicle towed or stored pursuant to the provisions herein without first obtaining permission in writing from the owner or person entitled to lawful possession to complete same. WESTWAY further agrees that when making any repairs or rendering any estimates or invoices that it will abide by Florida State statutes relating to motor vehicles, sales, repairs, maintenance and service, which Chapter is incorporated herein by reference and made a part hereof. 14. Personal property in any vehicle stored by WESTWAY shall not be disposed of to defray any charges for towing or storage of vehicles without a Court order. 15.. CITY reserves the right to cancel the request for services of WESTWAY at any time, including up to the time of hook-up. WESTWAY agrees that the mere response to a service call scene without other actions does not constitute a service call for which . charges are applicable. 16. Any vehicle not claimed by the owner within seven (7) days shall be reported in writing to Broward Sheriff's Office, Tamarac District XI, immediately thereafter. 17. Owner or authorized agent of owner of vehicle shall be allowed to remove personal, unattached property from vehicle at Westway's storage yard at no additional charge. 18. WESTWAY will provide for Tamarac residents, pick-up service at a location of the residents' choice within the corporate limits of Tamarac to facilitate release of vehicles from the storage facility located at 3800 N.W. 49th Street, Tamarac, Florida. Said service shall be without charge. 19. As security WESTWAY shall furnish to CITY a performance bond, letter of credit, or cash bond guaranteeing the faithful performance of this Agreement. The 40 security shall be in a form acceptable to the CITY's Attorney, and shall be for the term of this Contract in an amount equal to Ten Thousand Dollars ($10,000.00.) The security 0 r shall be furnished to the CITY by WESTWAY within ten (10) days of the date of execution of this Contract or any renewal hereof. Without limiting any other indemnity provisions herein, said security shall indemnify the CITY against any loss, expense, cost or damage resulting from any default by. WESTWAY hereafter or any failure of performance by WESTWAY. Westway shall further provide the City with a Two Thousand Dollar ($2,000.00) cash bond as delineated in this Agreement. 20. Insurance provided by WESTWAY shall add the CITY OF TAMARAC as a named insured. CONTRACTOR shall not be able to cancel any policy without thirty (30) days prior written notice to CITY. CONTRACTOR's carrier must put the CITY on notice of any lapsed policy, in writing, at the same time they put the CONTRACTOR on notice. 21. WESTWAY agrees to release and hold harmless and to defend CITY, its employees and agents from any and all claims, suits for damages of whatsoever kind . brought against CITY, its officers, employees, or agents, in which CITY, an officer, employee, or agent is named as a defendant, for any suit, judgment, execution or liability as to any injuries or property damage, which are connected with or related to or growing out of WESTWAY's performance under this Agreement. Further, WESTWAY agrees to indemnify and hold harmless and to pay all costs, judgments and reasonable attorneys fees incurred by CITY, its officers, agents and employees as a result of any act of WESTWAY, its agents, servants or employees, in connection with WESTWAY's performance under the terms of this Agreement. 22. WESTWAY shall prepare invoices setting forth the names and addresses of the place of business of WESTWAY. Before an impounded vehicle is claimed by the owner or person lawfully entitled to possession, WESTWAY will provide such person with an itemized statement of all charges for towing and storage of the vehicle. Before receiving payment, WESTWAY, its agent, employee or assign, will prepare an invoice on the above invoice in duplicate, containing the following information: VA 1. Name and address of the vehicle owner. 2. License number of vehicle. 3. Motor Vehicle Identification Number. 4. Personal property recovered and returned to the owner of the vehicle or person lawfully entitled to its possession. 5. Make, year, model, color of vehicles towed and/or stored. 6. Date and time vehicle towed. 7. Name of tow operator that completed the tow. WESTWAY shall retain a duplicate copy of such invoice and shall produce same upon demand of CITY or its representative. 23. WESTWAY shall keep a log of the number and type of calls handled under this Agreement. The log shall contain the date the vehicle is towed, the make, model, license plate, if known, the VIN number, and the name and address of the owner or driver or person claiming the vehicle, and the date the vehicle is released to the owner or driver, and charges for same. 24. WESTWAY agrees that in the performance of this Agreement, that it will 0 not discriminate or permit discrimination in its hiring practices or in the performance of this Agreement against any person on the basis of race, sex, religion, political affiliation, handicap or national origin. 25. WESTWAY's storage facility is located at 3800 N.W. 49th Street, Tamarac, Florida 33309. This location may not be changed without the written approval Of CITY. 26. This Agreement constitutes the entire Agreement between WESTWAY and CITY, and negotiations and all understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed and agreed to by WESTWAY and CITY. 27. Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall as to such jurisdiction be ineffective to the extent of such prohibition or u ne nforce ability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. D Also, the non -enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision for the remainder of this Agreement. 28. Whenever either party desires to give notice unto any other party, it must be given by written notice, sent by registered, United States mail, with return receipt requested, addressed to the party for whom it is intended, at the places last specified, and the places for giving notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as their respective places for giving of notice, to wit: M City Manager City of Tamarac 01 7525 N.W. 88th Avenue Tamarac, Florida 33321 With a copy to the City Attorney 7525 N.W. 88th Avenue Tamarac, Florida 33321 SQMRAW Craig Goldstein, President Westway Towing, Inc. 3800 N.W. 49th Street Tamarac, Florida 33309 29. In the event that this Agreement is the subject of litigation or dispute between WESTWAY and CITY, the parties hereto agree that this Agreement shall be construed according to the laws of the State of Florida, and venue of such litigation shall be Broward County, Florida or the United States District Court for the Southern District of Florida. Q7 9 30. This Agreement or any interest herein shall not be assigned, transferred, or otherwise encumbered under any circumstance by WESTWAY without the prior consent of CITY. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC through its City Council, signing by and through its Mayor, authorized to execute same by Council action on the I da of � + Y 1992, and WESTWAY, INC., signing by and through Craig Goldstein, duly authorized to execute same. 0 ATTEST: Carol A. Evans City Clerk 0 E[e7 CITY OF TAMARAC: By: May r Date: 9// �-- By: John W. Kelly City Manager Date: Approved as to form: ,L� ey: Mitchell S. Kra City Attorney "/Z_ _/ ,;--" • ATTEST: CORPORATION: 71,11,�, To w.11 y) Corp ate Secretary esident E C1 (Corporate Seal) STATE OF FLORIDA SS 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 C�� lTb r5 I t-0 to me kn wn to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that executed the same, WITNESS my hand and official seal this -a— day of ��, 1 g v-1 NOTARY PUBLIC, State of Florida at Large JCS � (Name of Notary Public: Print, Stamp, or Type as Commissioned) � '�t NOTARY PUBLIC. STATE OF FLORIDA. ( ) Personally known to me, orT ' )C�5MY C"MISS,uN EXPIRES; DUNE 26, 1981 iONDID iNRu NO rARY PU®L1C UNorgwKlYi a ( � ) Produced identification � Type of I.D. Produced ( ) DID take an oath, or ( n ) DID NOT take an oath. 11 SPECIFICATIONS 1• The Contractor agrees to provide for the removal, Impounding and storage of any vehicle w by any authorized Rhin the City limit; as directd • first d Count representative office. of the city first call for all wr�ckeifidrviceahe tiara motorist r the Specific rrquast for another wrecker. given riot weeks: a The Contractor will provide employees end sufficient • for immediate response to calls for service 24 hours a day. �Ntpeek, , seven day; a week, Z• The rates for all the ra towing and storage fees have beenproposal and shall not exceed a Est be Included in or Srovardset by the Federal Government, limits for rates that County. the State o! The Contractor shall rlorida charges made for the Provide an itemisqed statement of all zecaipt Of payment. Said stetamantrahallfbeehicles duplicate and contain the followin before g lnf11 b:ioaapared in A. Name and address of person engaging the Contractor. 8- License number of vehicle. C• Motor and yin number. A. Make, year, model and color of vehicle towed. The Contractor is to retain the du three years and shall Plicate co ce representative of a law. for a demand Ybfor a period of 9ency, y an authorised The City Of Tamarac will not be responsible for the of anY charges owed to the Contractor. collection ]. The Contractor shall effect for the life Purchase and maintain expenae the followingfrequ he contract, At contractoin r! !Bole and gaited At policies: sole A. A Business Automobile connection with this contract covering an vehicle is Owned, leased regardless Auto used in orb b of whether the amo8' A Cunsrehensive y the Contractor. injury, of $1,ODO eneral Liability olic C. A urY, bodily injury andipr�pert,a limit nfor Pthe ersonal e. minimum combs Comprehensive Caragekeepare Legal bodily in ur aed single limit cvreiability policy with A. A j y and property damage. 9e o! $500,000 for damag eovera Liability policy with bodily combined a damage. Coverage of 8500 sly injury and property for �. �► worker's which covers �� o� Lion and With this contract. the contractors Liabilit °"rPloyees associated EXHIBIT "Art .5. 6. ' Y Lf 7•amarac shall be added as an additional it fs understood and agreed the coverage trere.:nder is intended {o a Insured effected b Y as rimer g afforded the City Y any insurance which the primary coverage and is not City may carry in 1ta flame. Copies of all polices or certificates of coverage are to be delivered to the City before nsurance this contract. commencement of The Contractor agrees to and Of Tamarac from and against indemnify and hold ha suits, executions and/or 411 claims, the City and/or Propert bodilyuin juries, contract. Y damages which may arise Or juries grow out of this t. The Contractor shall furnish the City, as of the date at this agreement, with i Performance bond payable to the City of Tamarac should the ln the Contractor Perform as stipulated heroin. $10.000. contain ■ provision for notificatioAetoofhe abond shall to notice for cancellation. to addition to the Perfor�panCe the City requests a cash band of City, a sixty day head in escrow during the term $2,000. Said bond bond thalie rt the Con{rector ppof this agreement to is to thabe vice. The following in aslisf res Io rnsure amounfor t to be forfeited for each ocaso s for forfeiture and A. Failure c'urrenca; Contractor w respond within 30 minutes at bean ill forfeit $100 to the City. g summoned. E. Failure to provide adequate equipment to wrecked or abandoned vehicle. Contractor wrecked remove a will forfeit C. Failure to respond to a call by authorised open the c pound within 30 minutes. Contractor torleit $200. ra for will {o The Contractor shall Mill balance ortlon cf it is forfeited, replenish hCit a bond each time a after the cash band to the y agroes to return the expiration of this agreement. thin within 90 days The Contractors 11abilityerty the for a towed vehicle the rein will C and pe employee, re rose tow truck. Ommence with the hook ua off Enforcement p ntative, ore he Contractor will propert Officer, ar owner c! t inventor have his produced Contained in t the vahic� aptlpy with a Lew in triplicate,hon�e�oc.10 This record ersonal Contractor. one copy !or the ahauld be wipf to be Law to be maintained by the 11 be Sol olVen to the OwnerlOf the ament entity antitladliable and responsibloVehicle, TheCo Conone tractor Property la an to lawful Possession, to the owner or le r Y Vehicle towed n, for all gal under this personal The contractoragreement. site and capability will maintain vehicles to be ea ability to accommodate a storage facility Period of capa Remy t acc modate wrecked and bandoned ant greamont.the City of Tamarac nod A- The Contractorduring the to staff the will make available pur• to 7:Op ptyraMondemPound from adequate Personnel Contras of roleasln through Saturday of 7;00 Y thr urda the to release vehiclther agreesctos rovide owners. The 7:00 A.m. es between the hours °n call Personnel ra Of 7:00 P.H. and . All property used for storage of vehicles Shall be completely enclosed by at least a 6 toot high fence or well. Thr lance or wall must be of an adequate rise to discauzege theft of any vehicle or property stored within, C• The Contractor agrees to vehicles which are of furnish inside storage which !a such that a body type or a! a coniti n 11 damage• inclement weather could result n �. in The Contractor agrees not to change the location of the storage facility without written permission of The City Of Tamarac. �. Law Enforcement agencies will be the compound, vehicles and permitted to inspect deemed reasonable and necessary.d Peranal property when it is 7• The Contractor is responsible for complying to be familiar with and shall be laws. ordinances, rulessnanQiall federal, State and Local govern his operation. regulations that In any manner 0- It shall be the duty of the Contractor to information requested by any Froward Counfurnish t agenc y. y� Y Lew Enloreementl 9, The Contractor agrees the tow truck o that upon arrival at an accident debris Perator will remove from the scene, • spilled petroleum products, or vol volan atile hazardous directed otherwise by either the Dire Department Enforcament llgency, ems unless P tment or Law l0. Tow trucks used by the Contractor shall be e �iPped with the following; �• u1 tow trucks to be nnrne of the establishmentaasonably good shape both sides of the va professionall with the equipped with fender,hicles. A11 t y lettered on hoods °w trucks will be R• There shall be • doors and bumpers. the tow a rotor beam_tyP° light mounted on to p of trucks in such a manner that it o the front. rear. and bath s amber in color. idea. This i b° s°°n from scene of the accident li�hta era to light shall be an when a be used .only at the C• Red lights vehicle is in tow. rear and tear idea eflectors shall be n• Towing °f all towing vehicles alled on the g dolls.. E• one heavy duty push broom y• one shovel G. plow lights on hoist 7i• one axe I. one crowbar. or prybar J. Minimum of one lb. Co 2 fire extinguisher or .equal 11 x' one set of jumper cables �• One set of bolt cutters M• One four-way lug wrench tt. One flashlight O' One set of portable reflectors p- yive 10 minute fuses Q• Two red flags 11. wrecker classification: Class A - Cars and light trucks Class i - One and two ton trucks Class C - Semi trucks house trailers, buses, etc. A. All class A wreckers will haVe the followin a' TO+ truck shall have giPeents of 10,000 Pounds GW a minimum manufacturer capacity b• Boom Capacity of not less than lour tons. c• power winch pulling capacity of not less than d• Minitans. mum of four one hundred feat of 3/8 inch cable. Crae. Cradle or tow endaso or c'Itow plate ats to tow sling to pick up vehicles. when Picki�tzucted that no further with safety Chains 9 up the vahlCle. amage will Occur f. Dual wheeler. B• All class 8 wreckers will s• Tow t have the following of 15,000 * shall have a aZulpment: Pounds Gvp. Minims alaaufacturer capaclt b. Boom Capacity Y of not le C. ss than six tons. Power winch pulling capacity of not less than t Q• Minen cableimum of . two hundred fast of at least 7/16 inch e• ruble booms sc Bach boom constructed as to bo `M hydraulic eleV�,independently o e oint rmlt plattingg. degrees swivel at and of boom. dabI Y' Bin91e f, Cradle tow • with 860 or tow aling to pick u i 9. Dual wheel.. P vehicle. C. All class C wreckers to a. Tow truck avebe equiPPed with the following: alnm not less than 25,00 Poi jm manu BGacturer capacity of b. om capacity of not lass than twent Y-five tan.. 0 "t<-9a2-Z3,4''1 C. Power Vinch pulling capacity of not less five tons. than twenty- d• minimum cable.of two hundred feet of at least 9/16 inch cable. e• Double boom so constructed to permit •eparatin boom to operate independently or jointl g each f. Airbrakes so y• automatic alconstructed as to lgck Y l upon failure. all wheels 9• Cradle tow or tow sling to pick up vehicles. h• Dual wheels. D• The Contractor agrees to own or wrecker. one Class 8 wrecker, lease one Class A have available et ell times one Class C wrecker, and �►, e,and C wreckers, alon a sufficient number of Class so that he may respond towithsufficient employees minutes. call for service withi n 30 t. All Towing vehicles shall be radio COMMunication system, ThepCi� with s two shall be between the ystem.ctThe basso unication system tow end service trucksstation dall service$ utilized in providingand all towing 17. The Contractor will disabled City Provide towing and allied services vehicles wittyiouthbeneitncreoward County Sheriff office to all compensation. 13. The City of Tamarac requires all bidders to be successful y all appropriate State and Local licensed and location bidder will hove been in business A encies. The for a minimum of six months, a? his present 14. The amount o Contractor for they included in the bid the City shall be privilege of angagbi t the agreementaby the i.stallments per year. payable to the City with date of the signin The first payment y in four equal ere due on the firs the agreement and shall be due on.the day of each quartersubsaquent payments All standards set minimum t forth in these include thendarda. The criteria specifications constitute equipment fee bid, qualityfor award of this bid record of size and locatioand quantity of various will bidder and tees of c°^'Pound, pper for services as bidformance '(�e-��2_'J2�-', 1.1 a rr�rc«Ra� wro r.p M M �^ � w • ram. a `t v :� N pr .••� v ae .. 1'► pw A .+ H of,- -C N • ^ Pr O 11 M M M 1� A A " � r r w M M M 0 ! y w A p r Exhibit 1113tr N R 0 11 x a M rr m .6c r W � � 1•y ^ •1 0 0 C Cp •+ A ►' r��e Na A r► C fl x 7 1 6 O � C M p •• won oO-�1 wi�r0•• onrvorno A pP' 6013 f0 N A q 0. Ar N a r A ry 1`y Ipr (1 C p m �n a� CT N ro p M •* n O A n N 0 Q MM �o e yA as •n a nS iit Og � • • An oo g iprl M •.+ M M ? A •A1 r. w� r• . p M MMMy� • • r u �o+r� na• rra M n ry �� O 'O h•- C � t*1 10.+ A A r•. ^ �7 •+ ^ A W O O 0 y O A Q�h r A w •. h� O $C0.p p pry N ry A d `^ A • no rooxa A S "o2' p rn�o rk oft p Y n [4 A r vp wb cr" o w CA � s .,.� .. W « 40 to ra I� OO+K! r. f5 7 c ry aro « c Y cn A ooroCn 7y. ^'qr�I a „ A n a A � a a o n a7'M �. (AG 0 b A w •. YJ ro .. •. n A N A rr A ^I q �/ I MrwD. CERTIFICATE OF INSURANCE ISSUE BATE (MMIDD/YY) ODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,.EXTEND OR ALTER THE COVERAGE AFFORDED BY THE CHASE* 1...;;JRANCE AGENIE'Y IN--' POLICI S BELOW. SUITE # 108 COMPANIES AFFORDING COVERAGE Z7 N W 70 HIV P'LANTAT I Dh! FL CE..t 17 COMPANY A LETTER COMPANY B WRED LETTER N AM SPECIALTY INS COMPANY C WEST WAY TOWING INC LETTER 3600 N W 49 ST COMPANY D TAMARAC FL E'7:i 19 LETTER COMPANY LETTER ^ r^ )VERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER i POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM;DD/YY) DATE (MMIDDIYY) GENERAL LIABILITY GENERAL AGGREGATE 5 COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ CLAIMS MADE OCCUR, PERSONAL A ADV. INJURY $ OWNER'S A CONTRACTOR'S PROT. EACH OCCURRENCE S FIRE DAMAGE (Any one fire) 5 MED. EXPENSE (Any one person) 5 EAUTOMOBILE LIABILITY 1 ; t? _? L.r.� i �; ti _7 /' ,? / 4' / 07 / `i -COMBINED SINGLE 5 ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY 5 )(SCHEDULED AUTOS (Pot person) HIRED AUTOS BODILY INJURY 5 NON -OWNED AUTOS (Per aecroen) XGARAGE LIABILITY 17002CA2169B 3%/(_?7/c'2 3/tJ7/94ROPERTYDAMA13E 5 &XCESS LIABILITY EACH OCCURRENCE 5 UMBRELLA FORM AGGREGATE 5 OTHER THAN UMBRELLA FORM WORKINT COMPENSATION STATUTORY LIMITS EACH ACCIDENT 11 AND DISEASE —POLICY LIMIT 5 tMPLOYRRS' LIASILITY DISEASE —EACH EMPLOYEE ; LDTHER I7002CA_169@ Z/07/92 3/07/3 LI 50,00c) (3I<<F'R LEGAL L I AB SCRIPTION OF OPERATIONSILOCATIONS/VEHICLtS/SPECIAL ITEMS GARAGEKEEF•RS LEGAL L I AB SUBJECT TO COMP '< COLL DED S500 - ON HODK' k4 CAI ";CSC: L AB S OOC)U SUb EC TO S:50t.) DED - CERTIFICATE. HJLDER NAMED BELrOw IS .RTIFI E HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY Or-' TAMARAC MAIL --,NAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 75$ 2`i N W 88 AVE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR TAMARAC FL ' . 721 LIABILITY OF ANY KIND UPON TH COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE I 9 /I /& g, -13 � THE CLARION IN URANCE AGENCY, INC. 4980 N. PINE ISLAND RD. * LAUDERHILL, MORIDA 33351 _��_�._�� .�........... aaa�aaaasaaaa.+� v�iata��►eassy Coral SprtW, norlda C•L1���I•� i3.1►L Znofn 211 ICen by Zbeze Vre$eni.s, Bond No. X02864........... That we....... Westway, Towing, - Inc :.................... .............................................................................. .. ......... . . ..... ... . (hereinafter called the Principal} as Principal, and the Preferred National Insurance Company, a corporation duly organized under the laws of the State of Florida, (hereinafter called the Surety), as Surety, are held and firmly bound unto ............Citx. of_.Tamarac,.. Florida . .................................................................................................. .... ................. ............... ................................................................................................ (hereinafter called Obligee), in the full and just sum of Ten �i}ousand and Dollars ($ to the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this ..... th................ day of ......August ............................... I.......... 1919 ................ Whereas, the Principal has entered into a certain written agreement, dated the ...................................... day of .................................................19........................... with the Obligee for .........To�'in$.. & _ 5tors e....................... *This..bond.max be..canCelled b_y the.5urety;within,.i60), Sixty,,duys, notice,,,, n writing, ..to the City.. of. Tamarac, Florida.*........................................................................................................... .................................................. which agreement is or may be attached hereto for reference. NOW, THEREFOR, THE CONDITION OF THIS OBLIGATION IS SUCH, that, If the Principal shall well and truly perform and cary out the convants, terms and conditions of said agreement, then this obligation to be void; . otherwise to remain in full force and effect. I Westway Tawin Inc. i Witness :. .......................... By.... .... ... ................................................... ........ . .... ........... .......... ........ . Craig Goldstein, President CountersiobPreferred National ra mpany ................ By.... ...................................................................................Resident ' 'Michael H. Burton Michael H. Burton, Attomey-In-fact Preferred National Insurance Company C"Al Springs, nor{" POWER OF ATTORNEY ;knCu 21+ i9en VY Otse VrIzz Litz; That Preferred National Insurance Company. a corporation of the State of Florida, by Stephen WeioWz, President, and Helene Weicholz, Secretary, in pursuance of authority granted by Article XI, Section 1 d 2 of the By -Laws of said Company, which reads as follows: ARTICLE XI, SECTION 1 — The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, ARTICLE XI, SECTION 2 — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification Hereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when to used shall have the same force and effect as though manually fixed. Does hereby nominate, constitute and appoint Michael H. Burton its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company as surety, all bonds, undertakings and contracts of suretyship in the amount not to exceed: FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) Preferred National Insurance Company, as fully and amply, to all intents and purposes, as N they has been duly executed and acknowledged by the regularly elected officers of the Company at its office in Coral Springs, Florida, In their own proper persons. The said Secretary does hereby certify that the Woregoing is a true copy of Article XI, Section 1 t 2 of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said President and Secretary have hereunto subscribed their names and affixed the Corporation Sea) of the said Preferred National Insurance Company, this 8th day of SeptembpA, r1$f39, ATTEST: $ M•�-.�. "=. !y� 4, It ,Ifreferred NatlahiaT•Ifteuranw Company Secretary f, st j Q C , President STATE OF FLORIDA )s s4.• F }" r� +�� F'• CITY OF COFiA1 SPRINGS ) V. On this 8th clay of +r Y September, A.D., 1989, before the subscribe► rebetary Public of the State of Florida, duly commissioned and qualified, came the above named President and Secretary of Preferred National Insurance Company to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the proceeding instrument is the Corporate Seal of said Company, and that the Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand+and affixed my Official Seal, at the written. t.ity of Coral Springs, the day and year first above 1b tit r {r. V `- 11{ � 1� otary Public Commission Expires May 24, 1993 r t -CERi11St:ATE . the undersigned. Secretary of Preferred National Insurance Company, do hereby certify that the original Power of Attorney of which the foregoing is a 'ull, true and correct copy, is in full force and effect an the date of this certificate; and I do further certify that the President who executed the said Power )f Attorney was specially authorized by fro Board of Directors to appoint any Attomey-in-Fact as provided in Article XI, Section 1 t 2 of the By -Laws of he Preferred National Insurance Company. 'his Certificate may be signed by fecsimile under any rY authccbpaLO*Jollowing resolution of the Board of Directors of Preferred National insurance : mWwy at a meeting duty called and held an the ftthdyi�t5eptaahbQi.'t93d' ` o "That the facsimile or many powerlly f spnpthme yritny Rary of the Company, whether made heretofore or hereafter, wherever �PPear n a certified copy of any power of attophe� sued. Cam {shall be valid and binding upon the Company with the same force and ugh manually affixed •+ 1♦♦�r y TES MON HEREOF, I have subsciis�'' r " �. my+wstaa�daM>rbd the Seal of t e said Company. this. ................ . ..... ..................... . 19. day of Secretary t"PA•tot (llrati)