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Home My WebLink AboutR-2026-054 Mac's Towing Services First Amendment to Tow Services AgreementRESOLUTION NO. 2026-054 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE AGREEMENT WITH MAC’S TOWING SERVICES, INC., MODIFYING THE INSURANCE REQUIREMENTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mac’s Towing Services, Inc. (“Mac’s”), has provided services for many, many years, and their current agreement with the City expired on January 11, 2026; and WHEREAS, the City adopted Resolution No. 2026-014, on February 10, 2026, a new agreement with Mac’s towing for towing services, which agreement included an insurance liability coverage provision recommended by the City’s broker requiring $2,000,000.00/$4,000,000.00 in coverage; and WHEREAS, the cost of insurance has increased tremendously and will cost Mac’s towing to pay $40,000 for coverage; and WHEREAS, the City has confirmed that the standard insurance requirement for towing services is $1,000,000.00/$2,000,000.00 and as such, the Administration recommends the first amendment to the Mac towing agreement to reflect the lower industry standard for the insurance requirement, as reflected in the First Amendment to the underlying Agreement attached and incorporated by reference into this Resolution as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “WHEREAS” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes the execution of First Amendment to the towing agreement with Mac’s Towing Services, Inc. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. RESOLUTION #2026-054 PASSED AND ADOPTED on April 28, 2026. Motion by Commissioner Lewellen, second by Commissioner Rimoli. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY FIRST AMENDMENT TO TOWING SERVICES AGREEMENT (Insurance Requirement Modification) THIS FIRST AMENDMENT TO TOWING SERVICES AGREEMENT (“Amendment”) is made as of _______________, 2026, by and between the City of Dania Beach, Florida (“City”) and Mac’s Towing Services, Inc. (“Contractor”). RECITALS WHEREAS, the City Commission authorized the execution of a Towing Services Agreement, pursuant to Resolution No. 2026-014, 2026 (“Agreement”) ; and WHEREAS, Article 8 of the Agreement establishes insurance requirements applicable to Contractor; and WHEREAS, Contractor has requested a modification to the Business Automobile Liability insurance limits due to cost impacts; and WHEREAS, the City has determined it is appropriate to revise certain insurance requirements while maintaining adequate risk protection; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: 1. AMENDMENT TO INSURANCE REQUIREMENTS Section 8.2.6(ii) of the Agreement is hereby amended and restated in its entirety as follows: Business Automobile Liability Insurance shall be maintained with a minimum combined single limit of: • $1,000,000 per occurrence for bodily injury and property damage Coverage shall apply to all owned, hired, and non-owned vehicles used in connection with the performance of this Agreement. Any provision of the Agreement requiring Business Automobile Liability limits in excess of $1,000,000 is hereby deleted and replaced with the limits set forth herein. 2. CITY RESERVATION OF RIGHTS Notwithstanding the foregoing, the City reserves the right, upon written notice to Contractor, to require increased insurance limits for specific high-risk activities, incidents, or operational conditions, as reasonably determined by the City. 3. NO OTHER CHANGES Except as expressly modified by this Amendment, all other terms, conditions, and provisions of the Agreement shall remain unchanged and in full force and effect. 4. NO WAIVER; NO NOVATION Nothing in this Amendment shall be deemed to: (a) waive any rights of the City under the Agreement; (b) release Contractor from any obligations or liabilities arising prior to the effective date of this Amendment; or (c) create a novation, substitution, or replacement of the Agreement. 5. ORDER OF PRECEDENCE In the event of a conflict between this Amendment and the Agreement, this Amendment shall control solely with respect to the subject matter herein. 6. EFFECTIVE DATE This Amendment shall become effective upon execution by both Parties. 7. COUNTERPARTS This Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. SIGNATURES ON THE FOLLOWING PAGES IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. ATTEST: City OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM CITY ATTORNEY CITY MANAGER Contractor: Mac’s Towing Services, Inc. a Florida corporation WITNESSES: _________________________ SIGNATURE SIGNATURE _________________________ PRINT NAME PRINT NAME _________________________ SIGNATURE TITLE _________________________ Date: PRINT Name STATE OF FLORIDA) COUNTY OF BROWARD) The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on _________ , 2026 by ___________________, as _______________ of Mac’s Towing Services, Inc., a Florida corporation. He/she is personally known to me or has produced as identification. My Commission Expires: Notary Public, State of Florida Print Name: