HomeMy WebLinkAboutContract 47389 ITS SECRETARY „
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AGREEMENT FOR STANDARD AND HEAVY DUTY
' POLICE INITIATED TOWING SERVICE
WHEREAS, the City of Fort Worth occasionally requires the services of tow
trucks; and
WHEREAS, such wrecker services are necessary to protect the safety of the
citizens of the City of Fort Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City of Fort Worth, hereinafter referred to as "City,” acting herein by and
through Valerie R. Washington, its duly authorized Assistant City Manager, and B&T
Best Tows, LLC dba Milner Wrecker, LLC, hereinafter referred to as "Contractor,"
acting herein by and through Gary Dennington, Owner its duly authorized
representative, agree as follows:
1.
SERVICES
City hereby contracts with Contractor to provide police initiated wrecker service.
City, through its Police Department, shall dispatch Contractor from a police initiated
rotation list to vehicles that have either been 1) abandoned; 2) involved in a collision; 3)
parked or operated in violation of law; and/or 4) are to be checked for evidence
(including recovered stolen vehicles and vehicles belonging to individuals in the custody
of the police). Contractor shall perform a tow at the direction of any City police officer.
Contractor shall obey the directions of police officers in performing such tows and shall
ensure that such tow is performed with all due care to avoid interference with police
activities and police information.
2.
TERM
The Initial Term of this Agreement shall begin on October 1, 2015, and expire on
September 30, 2016 ("Initial Term"). In addition to the Initial Term of this Agreement,
there shall be two options to renew for terms of one year each, unless terminated earlier
in accordance with this Agreement. Renewal shall occur upon City including in its
budget for the option years sufficient funds to pay for its obligations hereunder.
3.
DEFINITIONS
For the purposes of this Agreement, the following terms shall be defined as
follows:
3.1 The term "City" shall include its officers, agents, employees, and
representatives.
3.2 The term "Contractor" shall include Contractor, and its officers, employees,
agents, representatives, and servants.
3.3 The term "light duty tow" shall refer to the towing of motor vehicles with a
„Mgr,ss weight rating of 10,000 pounds or less.
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4y The term "medium duty tow" shall refer to the towing of motor vehicles with
0 �� goss weight rating of more than 10,000 pounds, but less than 25,000 pounds.
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3.5 The term "heavy duty tow" shall refer to the towing of motor vehicles with a
gross weight rating that exceeds 25,000 pounds.
3.6 The term "Party" shall refer to either the City or Contractor.
3.7 The term "Parties" shall refer to both the City and Contractor.
4.
COMPENSATION
4.1 As compensation for providing the services contemplated by this Agreement, City
agrees to pay Contractor as follows for light duty and medium duty tows:
1) Towage. For both light duty tows and medium duty tows, a charge of one hundred
thirty-five dollars ($135.00) for towing such vehicle from one point on a street to
another location within the corporate limits of the City as directed by the police
officer at the place where the tow originated;
2) Second tow truck. In the event the tow truck driver at the scene determines that a
second tow truck is required, a charge of one hundred thirty-five dollars ($135.00) per
hour, with a minimum charge of one hour, for assistance in clearing the scene of an
accident. A police supervisor must approve, in writing, the use of a second tow truck.
Travel time is excluded.
3) Additional Charges. An additional charge shall only be allowed when authorized by a
police officer at the scene of the police initiated tow. An additional charge shall
exclude travel time and waiting time. An additional charge of one hundred dollars
($100.00) per hour, charged in increments of fifteen (15) minutes at a charge of
$25.00 per increment, for removing vehicles located in some unusual condition such
as, but not limited to, an unusual circumstance within the right-of-way, a river or a
creek bed or a ditch of greater depth than the ordinary bar ditch. Such charge to be
made from the time the operator begins to remove the vehicle until it is on the
traveled portion of the street.
4) Use of a dolly. No additional fee shall be charged for the use of a dolly on a
Standard Wrecker tow.
4.2 As compensation for providing the services contemplated by this Agreement, City
agrees to pay Contractor as follows for heavy tows:
1) Towage. A charge of two-hundred sixteen dollars ($216.00) per hour for
towing such vehicle from one point on a street to another location within the
corporate limits of the City as directed by a City police officer at the place
where the tow originated. The minimum charge shall be for one hour; after
the first hour, time shall be billed for in increments of fifteen (15) minutes, at
a charge of$54.00 per increment.
2) Second Heavy Towage. In the event the tow truck driver at the scene
determines that a second tandem axle tow truck is required, a charge of two-
hundred sixteen dollars ($216.00) per hour billed in increments of fifteen (15)
minutes while at the scene of the police initiated tow, with a minimum charge
for one hour, for assistance in clearing the scene of an accident. A police
supervisor must approve, in writing, the use of a second tow truck. Travel
time is excluded.
3) Reimbursable. In the event Contractor is required to rent equipment or
other materials specifically related to a police initiated tow, as directed in
Agreement for Police Initiated Towing Service—City of Fort Worth and B&T Best Tows dba Milner Wrecker Page 2 of 18
writing by a police supervisor at the scene, Contractor shall be reimbursed the
actual cost incurred plus fifteen percent (15%). Charges under this
subparagraph are subject to the review and approval of a police supervisor.
4) Extra help. An additional charge of twenty dollars ($20.00) per employee per
hour, with a minimum charge of four (4) hours or $80.00, when authorized in
writing by a police supervisor at the scene of the police initiated tows.
5) Air cushions.
a.) Regular cushions - A charge of one hundred-fifty dollars ($150.00) per
hour, per cushion, with a minimum charge of one hour or $150.00. After the
first hour, billing shall be in increments of fifteen (15) minutes.
b.) Tanker cushions - A charge of four hundred dollars ($400.00) per hour,
per cushion, with a minimum charge of one hour or $400.00. After the first
hour, billing shall be in increments of fifteen (15) minutes.
c.) Prior approval by a police supervisor at the scene of a police initiated tow
is required for the reimbursement for the use of air cushions.
6) Tractor, hydraulic tilt tail, lowboy, and other specialized equipment. A charge
of three hundred sixteen dollars ($316.00) per hour, two hour minimum, with
subsequent increments being charged as $79.00 per 15 minute increment, if
prior written approval of a police supervisor is obtained at the scene of the
police initiated tow. The police supervisor shall sign the wrecker selection
form when a tractor, hydraulic tilt tail, lowboy or other specialized equipment
is used. Should a Rotator Wrecker be required and approved by the Police
Officer on the scene, a charge of four hundred dollars ($400.00) per hour, two
hour minimum, with subsequent 15 minute increments being charged as
$100.00 per increment, with prior written approval from the Police supervisor
on the scene.
4.3 Rotation Tows. Contractor shall not exceed the fee structure for police initiated
tows performed under this Agreement; as detailed in sections 3.1 and 3.2 above,
i.e., charges shall not exceed the standard fees allowable under this Agreement.
Nothing contained herein shall be construed so as to obligate City to expend any
sums of money. Further, nothing contained herein shall be construed so as to
guarantee to Contractor that City will contact Contractor for any towing services
contemplated by this Agreement.
4.4 Invoicing and Pam. Contractor shall invoice City once per month, no later
than the fifth working day of the month following services. Contractor shall
include with the invoice such documents as may be reasonably requested to
provide evidence of the services provided to the City, which at a minimum shall
include all information entered on the wrecker selection form by the officer at the
scene of the police initiated tow and/or personnel at the Fort Worth Auto Pound.
Such invoice shall be subject to the review and approval of appropriate City
personnel and the Police Auto Pound Supervisor. City shall remit payment to
Contractor within thirty (30) days following receipt and approval of a properly
prepared Contractor invoice.
4.5 Release of Liability. Acceptance by Contractor of payment shall operate as and
shall release the City from all claims or liabilities under this Agreement for
anything related to, done, or furnished in connection with the services for which
Agreement for Police Initiated Towing Service—City of Fort Worth and B&T Best Tows dba Milner Wrecker Page 3 of 18
payment is made, including any act or omission of the City in connection with
such services.
5.
VEHICLE AND EQUIPMENT REQUIREMENTS
Contractor shall provide all vehicles and equipment necessary to perform Police Initiated
Towing Services in the Divisions they are assigned. All vehicles and equipment shall be
in good working order for the duration of this Agreement. Contractor shall supply, upon
request by City, a list of Contractor vehicles and equipment inventory dedicated to
performance of this Agreement.
5.1 Vehicles.
a) Contractor must maintain a minimum of four (4) wreckers to include a minimum of
two (2) tilt bed/roll back/flat bed dual rear wheel wreckers and a minimum of two (2)
other vehicles at the discretion of the Contractor that meet the minimum TDLR
requirements.
(1)Standard and Car Carrier. A minimum of four (4) wreckers, one of which shall
be not less than 14,000 pounds gross vehicle weight and one of which shall be not
less than 10,000 pounds gross vehicle weight, dual rear wheels, equipped with a
hydraulic operated winch, winch lines, and a boom rated at not less than 8,000
pound lift capacity and a wheel lift device rated at not less than 2,500 pounds. A
minimum of two (2) tilt bed/roll back dual rear wheel wreckers rated at not less
than 14,000 pounds gross vehicle weight.
(2) Tandem Axle Tow Truck. A minimum of two (2) tandem axle (heavy duty)
wreckers rated at not less than 54,000 gross vehicle weight (GVWR), equipped
with two hydraulic winches and winch lines with a boom rated at not less than 50
tons and under lift capacity of 50,000 pounds.
(3) Each wrecker shall have and maintain current identifying markings required
by the Texas Transportation Code, Section 642.002, as same may be amended.
(4) All of Contractor's vehicles shall have
(a) Permanent labeling on each side door of the vehicle with the Tow
Contractor's name, physical address (street, city, state, zip code), and
phone number;
(b) A four-way emergency flashing system and at least one flashing amber
light (or other color permitted by State law);
(c) Portable auxiliary brake lights, emergency flasher, turn signal, and tail
light with protective pads/covers on the bottom, for use on towed vehicles;
(d) A warning alarm, clearly audible above the surrounding noise in the
vicinity and designed to sound when the tow vehicle is shifted into reverse
to signify that the vehicle is backing up;
(e) Dual Rear Tires, adequate in size and rating for the size and weight of
the tow truck, with not less than 3/32nds inch of tread and mounted on
rims secured with the manufacturer's recommended number of lug nuts;
and
(f) Tandem Axle Tow Truck. A minimum of two (2) tandem axle (heavy
duty) wreckers rated at not less than 54,000 gross vehicle weight
(GVWR), equipped with two hydraulic winches and winch lines with a
Agreement for Police Initiated Towing Service—City of Fort Worth and B&T Best Tows dba Milner Wrecker Page 4 of 18
boom rated at not less than 50,000 pounds and under lift capacity lift
capacity of 50,000 pounds.
5.2 Equipment.
In addition, Contractor shall ensure that Contractor's vehicles are equipped with the
following equipment, which at all times shall be maintained in working order to meet the
following minimum criteria:
1) Tow bar;
2) Towing lights;
3) Emergency overhead warning lights;
4) Safety chain;
5) Fire extinguisher (10 pounds; A.B.C. Type);
6) Crow bar;
7) Push Broom;
8) Shovel;
9) Emergency reflectors or traffic cones;
10) Trash container;
11) Backing warning signal;
12) Wheel chocks;
13) Dollies (Standard Tow Truck Only);
14) Ten (10) pounds of grease and fluid absorbent material, and any other
equipment necessary to clean up an accident scene in accordance with
state and local laws;
15) Communication Device or Two-way radio equipment capable of
communicating with the Contractor's dispatcher at all times. Such
equipment shall be approved and licensed in accordance with federal
law; and
16) Any other equipment required by state law.
5.3 Inspection. Each tow truck and the required equipment shall be inspected by the Chief
of Police's designated staff following the execution of this Agreement on an annual basis.
In addition, each tow truck and the required equipment shall be subject to intermittent
inspection by the City to assure compliance with this Agreement. The inspection
requirements shall be detailed on the annual wrecker inspection form and revised as
deemed necessary by the Chief of Police's designated staff
6.
INSURANCE REQUIREMENTS
Contractor shall maintain insurance from insurers acceptable to City of the following types
and amounts:
6.1 Commercial General Liability
$500,000 each occurrence
$500,000 aggregate
Or
Garage Liability
$500,000 each accident, other than auto
$500,000 aggregate
Agreement for Police Initiated Towing service—City of Fort Worth and B&T Best To\4's dba Milner Wrecker Page 5 of 19
6.2 Automobile Liability
$1,000,000 each accident, combined single limit
This coverage shall include all vehicles owned or non-owned that are
operating under Contractor's operating authority performing services under
this Agreement.
6.3 Cargo/On-Hook
$50,000 per unit
Coverage shall include both the unit being towed and its contents. Units
covered shall include but not be limited to motor vehicles, trailers and boats.
Coverage shall be written on a direct primary basis.
6.4 r e ee er's Liability
$30,000 per unit
6.5 Worker's Compensation/Accident Insurance
Coverage shall meet the minimum requirements of state law, as con-
tained in the Motor Carrier Rules and Regulations.
6.6 Contractor shall maintain insurance coverage at all times. Current insurance
certificates shall remain on file with the City during the term of this Agreement. It is the
responsibility of the Contractor to submit updated insurance to the City. Insurance coverage
may, at the sole discretion of the City, be revised upward upon thirty (30) calendar days
prior written notice to Contractor. Policies shall be endorsed as follows:
1) The City, its officers, employees and servants shall be endorsed as an additional
insured on all policies except employer's liability insurance coverage under the
workers' compensation insurance policy.
2) Certificates of insurance shall be delivered to the Financial Compliance Unit, 505
W. Felix Street, Fort Worth, TX 75115, prior to any work being performed under this
Agreement.
3) Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
4) Each insurance policy shall be endorsed to provide the City a minimum thirty (30)
calendar day notice of cancellation, non-renewal, and/or material change in policy
terms or coverage. A ten (10) calendar day notice shall be acceptable in the event of
non-payment of premium.
5) Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
6) Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
7) Other than worker's compensation insurance, in lieu of traditional insurance, City
may consider alternative coverage or risk treatment measures through insurance pools or
risk retention groups. The City must approve, in writing, any alternative coverage.
$) Worker's compensation insurance policy(s) covering employees shall be endorsed
with a waiver of subrogation providing rights of recovery in favor of the City.
9) City shall not be responsible for the direct payment of insurance premium costs.
10)Insurance policies shall each be endorsed to provide that such insurance is
primary protection and any self-funded or commercial coverage maintained by City
shall not be called upon to contribute to loss recovery.
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11)Contractor shall report, in a timely manner, to the Financial Compliance Unit of
any known loss occurrence that could give rise to a liability claim or lawsuit or that
could result in a property loss.
12)Contractor's liability shall not be limited to the specified amounts of insurance
required herein.
6.7 In the event a state or federal law, rule or regulation pertaining to wrecker service
companies operating within the State of Texas exceed insurance requirements specified
herein, such state or federal law, rule or regulation shall prevail for the respective type of
insurance coverage and/or limit thereof.
7.
DIVISIONS AND ROTATION LIST
7.1 City, at its sole discretion, shall assign Contractor to its designated zone.
7.2 City shall create a rotation list within each of the five (5) divisions that will dictate
the order in which wrecker companies are contacted.
7.3 City may request Contractor to conduct a police initiated tow within any zone, and
Contractor agrees to use its best efforts to arrive at the scene of the police tow within thirty
(30) minutes for light duty and medium duty tows and forty five ( 5) minutes for heavy duty
tows.
8.
DUTIES AND RESPONSIBILITIES OF CONTRACTOR
City hereby grants to Contractor the right to provide Police Initiated Towing
Services at City's direction to the areas commonly described as the North, East, South, West
and Central divisions located within the city limits of the City of Fort Worth and more
specifically demonstrated in Exhibit A. City reserves the right to change the boundary lines
of the divisions. Such change shall be at the discretion of the City. Contractor's right to
provide Police Initiated Towing Services in the Divisions is at the direction of City and is
initiated through the City's Police Department's Dispatch Communication Division or other
means. The granting of this right by City does not guarantee Contractors any quantity of
work or monetary gain. Additionally, Contractor is required to notify Dispatch
immediately of any vehicle accident involving a towing vehicle operated by Contractor.
City may consider the accident, and the surrounding circumstances, in reviewing
Contractor's performance under this Agreement. Contractor shall obey all traffic laws
while performing under this Agreement. Officers shall report all violations of this
Agreement to the appropriate City personnel. Contractor, during the term of this
Agreement, shall perform the following duties and have the following responsibilities:
8.1 Records and Information.
The Contractor shall maintain on file with the City its name of the owner, president or chief
executive officer, business address, and telephone number; further, Contractor shall notify
the City of any change of ownership, president or chief executive officer, change of address
or corporate organization within five (5) City business days of any such change. Contractor
shall maintain written records of the vehicles towed and charges of tows from calls
received for police initiated towing. Records shall be maintained for at least three (3)
years following completion of the Agreement and shall be open for reasonable inspection
by the City. The failure to provide records to the City is a violation of the Agreement.
The records shall contain:
Agreement for Police Initiated Towing service—City of Fort Worth and B&T Best 1'ows dba Milner Wrecker Page 7 of 18
I. The year, make, model, color, license plate number, state issuing the license,
vehicle identification number of the vehicle, and the owner or operator's name if
reasonably available;
2. The date, time and location from which the vehicle was towed, the name of the
person who authorized the tow, and the specific reason for the tow;
3. The name of the tow truck driver that towed the vehicle, and the regular and
wrecker license plate numbers of the tow truck that towed the vehicle; and
4. All amounts charged for the towing of such vehicle, and the specific nature of
each charge.
8.2 Response Time.
Contractor shall be capable of receiving requests for services from City through the City's
Dispatch System or other means as required by City, on a 24 hour basis, 365 days a year
and immediately dispatch the requested Equipment and Personnel to the directed location
to perform services within the response time of thirty (30) minutes for light and medium
duty towing and forty-five (45) minutes for heavy duty towing, except in extraordinary
situations where delay is caused by ice, snow or other weather related conditions. In the
event Contractor fails to respond as required, City may notify another wrecker Contractor
and Contractor shall not be entitled to the compensation to which it would have been
entitled had it arrived within the specified time limit.
8.2.1 Response Time Violation.
The course of disciplinary action shall be up to the City, including written notice,
suspension, and/or termination of the Agreement, which can be taken if Contractor
violates Section 8.2.
1) Company Disregard: The Contractor will be allowed five (5) `Company
Disregarded' calls within a thirty (30) calendar day period. The term `Company
Disregard' shall mean those times when the Contractor accepts a dispatch call, but
fails to notify the Police Department's Communication Division within fifteen (15)
minutes the call of any of the following:
a. The Contractor is unable to respond to the dispatch within the time period
specified in Section 8.2;
b. The Contractor exceeds the time period specified in Section 8.2 and arrives
to the scene late; or
c. The Contractor accepts the dispatch call and does not come to the scene.
2) Company Decline: The Contractor will be allowed ten (10) `Company Decline'
calls within a thirty (30) calendar day period. The term `Company Decline' shall
mean the Contractor receives notification of service under this Agreement, but does
not accept or wish to be dispatched to the scene.
3) City reserves the right to cancel wreckers at any point during this dispatch.
Contractors will not be penalized for the City canceling the call. Under no
circumstances will the City be invoiced or pay for City initiated cancellations.
8.3 Towing to Auto Pound. Contractor shall deliver the vehicle being towed to the
location within the corporate limits of City designated by the police officer at the scene of
Agreement for Police Initiated Towing Service—City of Fort Worth and B&T Best"lbws dba Milner Wrecker Page 8 of I8
the police initiated tow. Delivery shall be made without delay or detour. Contractor
must:
1. Comply with the Auto Pound processing requirement listed in Exhibit B to this
Agreement;
2. Provide Police Auto Pound personnel with a signed Police Department Wrecker
Selection form at the time the vehicle is delivered to the Auto Pound; and
3. Fully cooperate with any investigation conducted by the City regarding complaints
against Contractor, whether or not such complaints arise out of services
contemplated by this Agreement.
8.4 City Taxes.
Contractor shall not become delinquent in the payment of any taxes due to City or any
governing body or agency.
8.5 Solicitin .
Contractor shall not go to any accident scene unless the Contractor has been called to the
scene by the owner or operator of a vehicle or an authorized representative of same, or by
the City. Contractor shall not solicit any wrecker business within the corporate limits of
City at the scene of a wrecked or disabled vehicle, regardless of whether the solicitation is
for the purpose of soliciting the business of towing, repairing, wrecking, storing, trading, or
purchasing the vehicle.
8.6 Debris Removal and Fluid Clean Up.
Contractor shall completely remove all debris, except known hazardous material, resulting
from any accident to which the Contractor is responding. Removal of debris shall not be
considered complete by merely sweeping it to the curb line. Contractor shall not pick-up
any known hazardous material as defined by 30 Texas Administrative Code, Section
327.2.
8.7 Employees.
Contractor will provide uniformed wrecker operators. Uniforms must be clean and
have names of the company and the name of the operator on the outside of the uniform.
All personnel working under this Agreement shall be fully qualified and legally capable
of performing their individual job duties, including possessing any necessary licenses or
specialized training mandated by federal, state or local laws or regulations. Contractor
shall adhere to all laws and regulations concerning Drug and Alcohol Testing as
established by the Texas Department of Licensing and Regulation (TDLR) in Texas
Administrative Code, Title 16, Part 4, Chapter 86, Rule Section 86.710. Contractor's
employees will comply with all traffic laws when operating vehicles.
8.8 Meeting Requirements
Contractor shall attend City meetings as requested.
8.9 Compliance
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Contractor shall manage all operations for the Divisions accordingly and ensure that
services are performed to industry accepted procedures that achieve safety, reliability and
the preservation of personal property in the possession or care of Contractor.
9.
VEHICLE STORAGE FACILITY INSPECTIONS
9.1 Defmition.
"Vehicle Storage Facility" (VSF) shall mean a facility operated by a person licensed under
the Texas Occupations Code, Section 2303.002(8), or as amended. Contractor must
maintain business operation twenty-four (24) hours a day, seven (7) days per week three
hundred and sixty five (365) days per year including holidays and weekends.
9.2 Contractor's Towinj?Operations.
Contractor shall have employees available and be capable of releasing vehicles in
accordance with this Agreement twenty-four (24) hours a day, three hundred sixty-five
(365) days a year including weekends and holidays. Contractor shall maintain, manage
and operate a currently licensed VSF located within the corporate limits of the City.
Contractor shall perform Towing Operations under the laws, regulations, orders,
ordinances and guidelines of the State of Texas, Tarrant County and the City of Fort
Worth.
9.3 Police Initiated Site Inspections.
VSFs and contractor's records shall be inspected by the City's Chief of Police's
designated staff during the term of this Agreement. Failure to comply with this section
shall result in suspension or termination of this contract.
10.
SUSPENSION AND TERMINATION
All work performed by Contractor hereunder shall be performed to the satisfaction of the
City. The determination made by the City shall be final, binding and conclusive on all
Parties hereto. City shall have the right to suspend or terminate this Agreement. Should
contractor's work be deemed unsatisfactory to the City, termination, in whole or in part,
will be made by the City based upon recommendations from the Police Department.
Termination, in whole or in part, should Contractor's work be deemed unsatisfactory, will
be based upon recommendations will be made by the Chief of Police or his designee. At
any time the City may conduct a performance review of this Agreement. The information
used in assessing Contractor's performance may include the information submitted by
Contractor and any other information deemed pertinent by City.
10.1 The City may suspend or terminate this Agreement if Contractor engages in one or
more of the following:
1. Violates of any term and/or condition specified in this Agreement;
2. Permits a tow truck to be operated by anyone while under the influence of alcohol
and/or illegal drugs;
3. Performs services under this Agreement while consuming, or while under the
influence of drugs or alcohol;
4. Permits a tow truck to be operated by anyone whose operator's license is suspended;
5. Transfers or assigning any call for service to any other Contractor;
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6. Any conviction, probation, adjudication, deferred adjudication, or probation
revocation for theft by personnel of Contractor while acting in their capacity as
employees of Contractor;
7. Any conviction, probation, adjudication, deferred adjudication, or probation
revocation for threats made by personnel of the Contractor while acting in their
capacity as employees of Contractor made against third parties during a police
initiated tow or otherwise;
8. Fails to comply with all directions of police personnel at the scene of a police
initiated tow, civilian employees at the Police Pound, or civilian employees
performing inspections or contract compliance duties;
9. Fails to comply with any state or federal law or code or City ordinance related to the
operation of a wrecker Contractor;
10. Disobeys traffic control devices (traffic lights, stop signs, etc.);
11. Uses any type of siren besides the backup warning signal;
12. Makes any repairs or alterations to a vehicle obtained from a police initiated tow;
13. Tows any vehicle which is occupied by any person, except as specifically directed
by a police officer;
14. Charges for services not performed or making duplicate charges for the same
service or charge any fee in excess of those permitted under state law or this
Agreement;
15. Uses profane or obscene language which offends a customer or any other person;
16. Is verbally or physically offensive, abusive, disrespectful or discourteous to any
customer, motorist, City employee or any other person;
17. Inappropriate touching any customer, motorist, City employee or any other
person; or
18. Operates any vehicle or other equipment in the performance of this Agreement in
a careless, reckless, or negligent manner.
10.2 When it comes to the attention of the Chief of Police that grounds exist for the
revocation of this Agreement, a hearing may be scheduled at the request of the Contractor
through written notification to the Police Department.
1. The Department may issue a notice to the Contractor of such hearing sent by
certified mail, return receipt requested, or by personal service.
2. A hearing notice shall be in writing and shall name the place, date and time of the
hearing. The notice shall also set forth a summary of the charges.
3. A hearing shall be scheduled for a date no later than fifteen (15) days after the
notice is issued.
4. A designated Deputy Chief shall preside at the hearing as hearing officer.
5. At the conclusion of a hearing, the hearing officer shall make written findings of
fact and conclusions without undue delay. The hearing officer shall further issue
written orders appropriate to their findings within thirty (30) days of conclusion of
the hearing.
6. If grounds exist for the revocation of this Agreement, the hearing officer may
order such Agreement be revoked or may order it suspended for a period not to
exceed six (6) months.
7. A copy of the findings, conclusions and order shall be delivered to the Contractor.
Agreement for Police Initiated Towing Service—City of Fort Worth and B&T Best Tows dba Milner Wrecker Page I 1 of 18
11.
INDEMNIFICATION
11.1 General Indemnification.
With regard to any liability which might arise hereunder, City and Contractor agree
that they shall be solely and exclusively liable for the negligence of its own agents, servants,
subcontractors, and employees and that neither party shall look to the other party to save or
hold it harmless for the consequences of any negligence on the part of one of its own agent,
servant, subcontractor or employee. Nothing contained herein shall be construed to be a
waiver by City of any right of protection that it enjoys under applicable State or Federal law.
11.2 Environmental Indemnification.
CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE,
DEFEND, AND HOLD HARMLESS THE CITY OF FORT WORTH AND ALL
PARTICIPATING CITIES, THEIR OFFICERS, AGENTS AND EMPLOYEES
FROM AND AGAINST ANY AND ALL ENVIRONMENTAL RELEASES
AND/OR DAMAGES AND THE VIOLATION OF ANY AND ALL
ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE HANDLING,
COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT,
RECOVERY, AND/OR REUSE, BY ANY PERSON, OF HAZARDOUS WASTE
WHEN SAID ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID
ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF ANY ACT OR
OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
SUBCONTRACTORS, OR THE JOINT ACT OR OMISSION OF
CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY.
12.
WARRANTY
12.1 Contractor warrants that it understands the currently known hazards and suspected
hazards which are presented to persons, property and the environment by hazardous waste.
Contractor further warrants that it and its officers, agents, employees, and subcontractors
will perform all services under this Agreement in a safe, efficient and lawful manner using
industry accepted practices, and in full compliance with all applicable state and federal laws
governing its activities and is under no restraint or order which would prohibit performance
of services under this Agreement. Approval by the City shall not constitute or be deemed to
be a release of the responsibility and liability of Contractor, or its officers, agents,
employees, or subcontractors, for the accuracy and competency of their services provided
under the Agreement.
12.2 Environmental Damages means all claims, judgments, damages, losses, penalties,
fines, liabilities (including strict liability), encumbrances, liens costs, and expenses of
investigation and defense of any claim, whether or not such claim is ultimately defeated, and
of any good faith settlement of judgment, of whatever kind or nature, contingent or
otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation
Agreement for Police Initiated Towing Service—City of Fort Worth and B&T Best`lbws dba Milner Wrecker Page 12 of 18
reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred
as a result of the handling, collection, transportation, storage, disposal, treatment, recovery,
and/or recycling of hazardous waste pursuant to this Agreement, or the existence of a
violation of environmental requirements pertaining to same, and including without
limitation:
1. Damages for personal injury and death, or injury to property or natural resources;
2. Fees incurred for the services of attorneys, consultants, contractors, experts,
laboratories and all other costs incurred in connection with the investigation or
remediation of such hazardous wastes or violation of environmental
requirements including, but not limited to, the preparation of any feasibility
studies or reports of the performance of any cleanup, remediation, removal,
response, abatement, containment, closure, restoration or monitoring work
required by any federal, state or local governmental agency or political
subdivision, or otherwise expended in connection with the existence of such
monitoring wells or violations or environmental requirements, and including
without limitation any attorney's fees, costs and expenses incurred in enforcing
this Agreement or collecting any sums due hereunder; and
3. Liability to any third person or governmental agency to indemnify such person or
agency for costs expended in connection with the items referenced in
"Environmental Requirements."
12.3 Environmental Requirements shall mean all applicable present and future statutes,
regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans,
authorizations, concessions, franchises, and similar items, of all governmental agencies,
departments, commissions, boards, bureaus, or instrumentalities of the United States, states,
and political subdivisions thereof and all applicable judicial, administrative, and regulatory
decrees, judgments, and orders relating to the protection of human health or the
environment, including without limitation:
1. All requirements, including, but not limited to, those pertaining to reporting,
licensing, permitting, investigation, and remediation of emissions, discharges,
releases, or threatened releases of hazardous materials, pollutants, contaminants
or hazardous or toxic substances, materials, or wastes whether solid, liquid, or
gaseous in nature, into the air, surface water, groundwater, storm water, or land,
or relating to the manufacture, processing, distribution, use, treatment, storage,
disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic
substances,materials, or wastes, whether solid, liquid,or gaseous in nature; and
2. All requirements pertaining to the protection of the health and safety of employees
and/or the public.
13.
ASSIGNMENT
Contractor shall not assign, transfer or sublet this Agreement or any portion hereof
to any party without the prior written consent of City that shall not be unreasonably
withheld. Any such assignment, transfer or subletting of this Agreement without the
consent of the City shall be void and shall operate as a termination hereof.
Agreement for Police Initiated Towing Service—City of Fort Worth and B&T Best Tows dba Milner Wrecker Page 13 of 18
14.
INDEPENDENT CONTRACTOR
It is understood and agreed by the parties hereto that Contractor shall perform all
work and services hereunder as an independent contractor, and not as an officer, agent,
servant or employee of the City. Contractor shall have exclusive control of and the
exclusive right to control the details of the work or service to be performed hereunder, and
all persons performing the same on behalf of Contractor, and shall be solely responsible for
the acts and omissions of its officers, agents, servants, employees, contractors,
subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as
between the City and Contractor, its officers, agents, servants, employees, contractors and
subcontractors, and nothing herein shall be construed as creating a partnership or joint
venture between the parties hereto.
15.
GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws
of the State of Texas. Should any action, whether real or asserted, at law or in equity,
arise out of the execution, performance, attempted performance of this Agreement, venue
for said action shall lie in the state courts located in Tarrant County, Texas or in the
United States District Court for the Northern District of Texas, Fort Worth Division.
16.
SEVE ABILITY
If any of the terms, sections, subsections, sentences, clauses, phrases, provisions,
covenants, conditions or any other part of this Agreement are for any reason held to be
invalid, void or unenforceable, the remainder of the terms, sections, subsections,
sentences, clauses, phrases, provisions, covenants, conditions or any other part of this
Agreement shall remain in full force and effect and shall in no way be affected, impaired
or invalidated.
17.
ENTIRE AGREEMENT
This Agreement embodies the complete agreement of the Parties superseding all oral
or written previous and contemporary agreements between the Parties relating to matters
herein; and except as otherwise provided herein, cannot be modified without written
agreement of the parties.
18.
MODIFICATION
No amendment, modification, or alteration of the terms of this Agreement shall be
binding unless the same is in writing, dated subsequent to the date hereof, and duly
executed by the Parties hereto.
19.
NON-WAIVER
The failure of City or Contractor to insist upon the performance of any term or
provision of this Agreement or to exercise any right herein conferred shall not be
construed as a waiver or relinquishment to any extent of City's or Contractor's right to
assert or rely upon any such term or right on any future occasion.
Agreement for Police Initiated Towing Service—City of Fort Worth and B&T Best Tows dba Milner Wrecker Page 14 of 18
20.
GOVERNMENTAL POWERS
It is understood that by execution of this Agreement, the City does not waive or surrender
any of it governmental powers.
21.
SIGNATURE AUTHORITY
The person signing this Agreement hereby warrants that he or she has the legal
authority to execute this Agreement on behalf of his or her respective Party, and that such
binding authority has been granted by proper order, resolution, ordinance or other
authorization of the entity. The other Party is fully entitled to rely on this warranty and
representation in entering into this Agreement.
Agreement for Police Initiated Towing Service—City of Fort Worth and B&T Best Tows dba Milner Wrecker Page 15 of 18
IN WITNESS WHEREOF, the parties herlh�''V'e executed this agreement in multiples
in Fort Worth, Tarrant County, 1'exas, this day of Pe
,00
2015.
CITY OF FORT WORTH CONTRACTOR NAME,
40j
_.................... ...........
Valerie R. Washinglon Gary Dennington
Assistant City Manager Owner
Date: -tr Date: .........
....... ................f
APPROVAL RECOMMENDED
it�
Chief of Polwe
Date: Z, !e7
APPROVED AS TO FORM
AND LEGALITY
...
.....................................
Victofia Honey k�_
Assistant City Aftorn.ey FO
AT-(IE ". A.
.4— >
lity 'ec
'ecretary
S
M&C Number: C-26465
..............____
Date Approved: 09/24/2013
City Ordinance: Arti,cle-V..., Wreckers
....... .........
............................... ............................
JDFFIVA iiii�RECORI)
CITY SECRETARY
WORTH9 TX
Agreement for Police InifiatedTowing Service -City of Forrt Wordi and B&T Best Tows dba Milner Wrecker Page 16 of 18
EXHIBIT
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EXHIBIT B
FORT WORTH POLICE DEPARTMENT AUTO POUND OPERATIONS
The following rules and procedures shall be observed by Contractor upon arrival at
the Police Auto Pound.
1. The Auto Pound entry gate shall not be obstructed by Contractor waiting to enter the
Auto Pound Facility.
2. Contractor shall not enter the Auto Pound with more than one (1) person/operator
unless authorized by the City's on-duty shift supervisor.
3. For safety precautions, Contractor shall be required to off-load all Tilt Bed/Roll
Back cargo.
4. Auto Pound inventories shall be handled in an expeditious manner. Auto Pound
personnel shall conduct a complete inventory of all property and vehicles.
5. Contractor shall not assist Auto Pound personnel with inventory.
6. Contractor shall be required to follow directions and instructions of Auto Pound
personnel.
7. Contractor shall assist and comply with any investigation performed by Auto Pound
personnel or the Fort Worth Police Department in all regards.
8. Violations of any of the above shall be reviewed by the City's Senior Contract
Compliance Specialist or the Auto Pound Supervisor.
Agreement for Police Initiated Towing Service City of Fort Worth and B&T Best Tows dba Milner Wrecker Page 18 of 18