HomeMy WebLinkAboutContract 50936 CITY SECRETARY
CONTRACT N0. �y
VENDOR SERVICES AGREEMENT
TOWING SERVICES FOR CITY EQUIPMENT AND VEHICLES
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and
through Jesus J. Chapa,its duly authorized Assistant City Manager,and Texas Towing Wrecker Services,
Inc., ("Vendor"), a Texas Corporation, and acting by and through Jerry Clay, Jr., its duly authorized
President,each individually referred to as a"party"and collectively referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Vendor Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule; and
4. Exhibit C—Verification of Signature Authority Form.
Exhibits A,B and C,which are attached hereto and incorporated herein, are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and
the terms and conditions set forth in the body of this Agreement the terms and conditions of this Agreement
shall control.
1. SCOPE OF SERVICES.
The City seeks to establish an agreement for towing services for City owned equipment and
vehicles.Exhibit"A,"-Scope of Services more specifically describes the services to be provided hereunder.
2. TERM.
This Agreement shall begin on June 27,2018 ("Effective Date")and shall expire on June 27,2021
("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City
shall have the option,in its sole discretion, to renew this Agreement under the same terms and conditions,
for up to one(1)two-year renewal option,at City's sole discretion.
3. COMPENSATION.
City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform
services under this Agreement in accordance with the provisions of this Agreement and Exhibit`B,"—Price
Schedule. The total annual payment made under this Agreement by City shall be in an amount not to
exceed Five hundred sixty-six thousand, two hundred and sixty-four Dollars ($566,264.00). Vendor
shall not perform any additional services or bill for expenses incurred for City not specified by this
Agreement unless City requests and approves in writing the additional costs for such services. City shall
not be liable for any additional expenses of Vendor not specified by this Agreement unless City first
approves such expenses in writing.
4. TERMINATION.
294 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any
�rFp 2C���j9 reason by providing the other party with 30 days' written notice of termination.
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FT.WORTH,TX
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated
by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence
and this Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the portions of the
payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of
termination and Vendor shall continue to provide City with services requested by City and in accordance
with this Agreement up to the effective date of termination. Upon termination of this Agreement for any
reason,Vendor shall provide City with copies of all completed or partially completed documents prepared
under this Agreement. In the event Vendor has received access to City Information or data as a requirement
to perform services hereunder, Vendor shall return all City provided data to City in a machine readable
format or other format deemed acceptable to City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this
Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information.Vendor, for itself and its officers, agents and employees, agrees
that it shall treat all information provided to it by City ("City Information") as confidential and shall not
disclose any such information to a third party without the prior written approval of City.
5.3 Unauthorized Access.Vendor shall store and maintain City Information in a secure manner
and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in
any way. Vendor shall notify City immediately if the security or integrity of any City Information has been
compromised or is believed to have been compromised,in which event,Vendor shall,in good faith,use all
commercially reasonable efforts to cooperate with City in identifying what information has been accessed
by unauthorized means and shall fully cooperate with City to protect such City Information from further
unauthorized disclosure.
6. RIGHT TO AUDIT.
Vendor agrees that City shall,until the expiration of three (3)years after final payment under this
contract,or the final conclusion of any audit commenced during the said three years,have access to and the
right to examine at reasonable times any directly pertinent books,documents,papers and records,including,
but not limited to,all electronic records,of Vendor involving transactions relating to this Agreement at no
additional cost to City. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice
of intended audits.
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7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Vendor shall operate as an independent contractor as to
all rights and privileges and work performed under this Agreement, and not as agent, representative or
employee of City. Subject to and in accordance with the conditions and provisions of this Agreement,
Vendor shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, consultants and
subVendors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between
City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants,
Vendors and subVendors. Vendor further agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between City and Vendor.It is further understood that City shall in no way
be considered a Co-employer or a Joint employer of Vendor or any officers,agents,servants,employees or
subVendor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subVendor of
Vendor shall be entitled to any employment benefits from City.Vendor shall be responsible and liable for
any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants,
employees or subVendor.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION-VENDOR HEREBY COVENANTSANDAGREES
TO INDEMNIFY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS
AND EMPLOYEES,FROMAND AGAINSTANYANDALL CLAIMS OR LAWSUITS OFANYKfND
OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY
RESULTINGLOSTPROFITS)AND/OR PERSONAL INJURY,INCLUDINGDEATH, TOANYAND
ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend,
settle, or pay, at its own cost and expense, any claim or action against City for infringement of any
patent, copyright, trade mark,trade secret, or similar property right arising from City's use of the
software and/or documentation in accordance with this Agreement, it being understood that this
agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or
documentation. So long as Vendor bears the cost and expense of payment for claims or actions against
City pursuant to this section,Vendor shall have the right to conduct the defense of any such claim or
action and all negotiations for its settlement or compromise and to settle or compromise any such
claim; however, City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with
Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment
of costs and expenses for any claim or action brought against City for infringement arising under this
Agreement, City shall have the sole right to conduct the defense of any such claim or action and all
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negotiations for its settlement or compromise and to settle or compromise any such claim; however,
Vendor shall fully participate and cooperate with City in defense of such claim or action.City agrees
to give Vendor timely written notice of any such claim or action,with copies of all papers City may
receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or
expenses shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or
restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted,
Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to
continue to use the software and/or documentation;or(b)modify the software and/or documentation
to make it non-infringing, provided that such modification does not materially adversely affect
City's authorized use of the software and/or documentation; or (c) replace the software and/or
documentation with equally suitable, compatible, and functionally equivalent non-infringing
software and/or documentation at no additional charge to City; or (d) if none of the foregoing
alternatives is reasonably available to Vendor terminate this Agreement,and refund all amounts paid
to Vendor by City, subsequent to which termination City may seek any and all remedies available to
City under law.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assigpinent. Vendor shall not assign or subcontract any of its duties,obligations or rights
under this Agreement without the prior written consent of City.If City grants consent to an assignment,the
assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be
bound by the duties and obligations of Vendor under this Agreement.Vendor and Assignee shall be jointly
liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a written
agreement with Vendor referencing this Agreement under which sub Vendor shall agree to be bound by the
duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor
shall provide City with a fully executed copy of any such subcontract.
10. INSURANCE.
The Vendor shall assume all risk and liability for accidents and damages that may occur to persons
or property during the prosecution of work under this Agreement. The Vendor shall file with the City of
Fort Worth Purchasing Division, prior to the commencement of services, a certificate of insurance
documenting the following required insurance.
10.1.1 Failure to provide such information within five (5) calendar days may be grounds for
Agreement termination.
10.2 Policies shall have no exclusions by endorsements which nullify the required lines of coverage,nor
decrease the limits of said coverage unless such endorsements are approved by the City. In the
event a contract has been bid or executed and the exclusions are determined to be unacceptable or
the City desires additional insurance coverage, and the City desires the Vendor to obtain such
coverage, the contract price shall be adjusted by the cost of the premium for such additional
coverage plus 10%.
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10.2.1 Statutory Workers' Compensation Insurance and Employer's Liability Insurance
at the following limits:
$100,000 Each Accident
$500,000 Disease—Policy limit
$100,000 Disease—Each Employee
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent
with statutory benefits outlined in the Texas Workers' Compensation Act (Art.
5308—1.01 et seq.Tex.Rev.Civ.Stat.)and minimum policy limits for Employers'
Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease
policy limit and$100,000 per disease per employee.
10.2.2 Commercial General Liability Insurance including Explosion, Collapse,and
Underground Coverage shall be provided as follows:
$1,000,000 Each Occurrence
$2,000,000 Annual Aggregate
Coverage shall include but not be limited to the following: premises/operations,
independent vendors, products/completed operations, personal injury, and
contractual liability. Insurance shall be provided on an occurrence basis, and as
comprehensive as the current Insurance Services Office(ISO)policy.
10.2.3 Auto Liability Insurance shall be provided as follows:
$1,000,000 Combined Single Limit Each Accident
A commercial business policy shall provide coverage on "Any Auto", defined as
autos owned,hired and non-owned.
10.2.4 The Vendor shall furnish the Purchasing Manager, with a certificate of insurance
documenting the required insurance prior to the commencement of services.
10.2.5 Policies shall be endorsed to provide the City of Fort Worth a thirty- (30) day
notice of cancellation,material change in coverage,or non-renewal of coverage.
10.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth as an
additional insured, as its interests may appear(ATIMA).
10.3 The City,its officers,employees and servants shall be endorsed as an additional insured
on Vendor's insurance policies excepting employer's liability insurance coverage under Vendor's
workers' compensation insurance policy.
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10.4 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit must be
received before Vendor can begin work. Failure to supply and maintain such insurance shall be a
breach of contract.Vendor shall provide complete copies of all insurance policies required by this
Agreement.Certificates of insurance must be supplied to:
Financial Management Services Department
Attention: Purchasing Division Bid# 18-0290
200 Texas Street,Fort Worth,Texas 76102
10.5 Any failure on part of the City to request required insurance documentation shall not constitute a
waiver of the insurance requirements specified herein. Each insurance policy shall be endorsed to
provide the City a minimum 30 day notice of cancellation,nonrenewal, and/or material change in
policy terms or coverage. A ten(10) day notice shall be acceptable in the event of non-payment of
premium.
10.6 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.
10.7 Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per
occurrence unless otherwise approved by the City.
10.8 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.
10.9 Workers' compensation insurance policy(s) covering employees of the Vendor shall be endorsed
with a waiver of subrogation providing rights of recovery in favor of the City.
10.10 City shall not be responsible for the direct payment of insurance premium costs for Vendor's
insurance.
10.11 Vendor's 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.
10.12 While the purchase order is in effect, Vendor shall report, in a timely manner, to the Purchasing
Department any known loss occurrence that could give rise to a liability claim or lawsuit or which
could result in a property loss
10.13 Vendor's liability shall not be limited to the specified amounts of insurance required herein.
11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS.
Vendor agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal, state and local laws, ordinances,rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules
or regulations,Vendor shall immediately desist from and correct the violation.
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12. NON-DISCRIMINATION COVENANT.
Vendor, for itself, its personal representatives, assigns, subVendors and successors in interest, as
part of the consideration herein, agrees that in the performance of Vendor's duties and obligations
hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals
on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF
THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL
REPRESENTATIVES,ASSIGNS, SUBVENDORSS OR SUCCESSORS IN INTEREST,VENDOR
AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND
HOLD CITY HARMLESS FROM SUCH CLAIM.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives,(2)delivered by facsimile with electronic confirmation of the transmission,or(3)received
by the other party by United States Mail,registered,return receipt requested, addressed as follows:
To CITY: To VENDOR:
City of Fort Worth Texas Towing Wrecker Service,Inc.
Attn: Jesus J. Chapa,Assistant City Manager Jerry Clay,Jr.,President
200 Texas Street 205 S. Commercial St.
Fort Worth,TX 76102-6314 Fort Worth,TX 76107
Facsimile: (817) 392-8654 Facsimile: (817) 877-4870
With copy to Fort Worth City Attorney's Office at
same address
14. SOLICITATION OF EMPLOYEES.
Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of
one year after its termination, solicit for employment or employ, whether as employee or independent
contractor,any person who is or has been employed by the other during the term of this Agreement,without
the prior written consent of the person's employer.Notwithstanding the foregoing,this provision shall not
apply to an employee of either party who responds to a general solicitation of advertisement of employment
by either party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
16. NO WAIVER.
The failure of City or Vendor to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
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17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas.If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement,venue for such action
shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern
District of Texas,Fort Worth Division.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
19. FORCE MAJEURE.
City and Vendor shall exercise their best efforts to meet their respective duties and obligations as
set forth in this Agreement,but shall not be held liable for any delay or omission in performance due to
force majeure or other causes beyond their reasonable control, including,but not limited to, compliance
with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes,
lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,
transportation problems and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only,shall not be deemed a
part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement or Exhibits A,B,and C.
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment,modification, or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument,which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement
between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
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24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
25. WARRANTY OF SERVICES.
Vendor warrants that its services will be of a high quality and conform to generally prevailing
industry standards.City must give written notice of any breach of this warranty within thirty(30)days from
the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use
commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty,or
(b)refund the fees paid by City to Vendor for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
Vendor shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Vendor shall adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Vendor employee who is not legally eligible to perform such services. VENDOR
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR,
VENDOR'S EMPLOYEES, SUBCONTRACTORS,AGENTS,OR LICENSEES. City, upon written
notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in conjunction with the services provided
under this Agreement(collectively, "Work Product"). Further, City shall be the sole and exclusive owner
of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product.
Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or
fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a "work-made-for-hire"within the meaning
of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof,is
not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended,
Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product,
and all copies thereof,and in and to the copyright,patent,trademark,trade secret,and all other proprietary
rights therein, that City may have or obtain, without further consideration, free from any claim, lien for
balance due, or rights of retention thereto on the part of City.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party,and that such binding authority has been granted by proper
order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto,
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may be executed by any authorized representative of Vendor whose name,title and signature is affixed on
the Verification of Signature Authority Form,which is attached hereto as Exhibit"C". Each party is fully
entitled to rely on these warranties and representations in entering into this Agreement or any amendment
hereto.
29. CHANGE IN COMPANY NAME OR OWNERSHIP
Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or
address change for the purpose of maintaining updated City records.The president of Vendor or authorized
official must sign the letter. A letter indicating changes in a company name or ownership must be
accompanied with supporting legal documentation such as an updated W-9,documents filed with the state
indicating such change, copy of the board of director's resolution approving the action, or an executed
merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact
future invoice payments.
30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the
City is prohibited from entering into a contract with a company for goods or services unless the contract
contains a written verification from the company that it:(1)does not boycott Israel;and(2)will not boycott
Israel during the term of the contract. The terms "boycott Israel"and"company"shall have the meanings
ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,
Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)
does not boycott Israel; and (2)will not boycott Israel during the term of the contract.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this
Zday of L;7� e ,204&r
(signature page follows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
By: this contract,including ensuring all performance and
NpIe: Jesus J. Chapa reporting requirements.
Title:/ Assistant City Manager
Date: ���✓��
By: aL
APPROVAL RECOMMENDED: Title:tle: Obert Fritz
A sistant Property Management
Director
By: APPROVED AS TO FORM AND LEGALITY:
WamR Steve Cooke
Title: Director of Property Management
By:
�(�O R T: Name: Matthew A.Murray
o'. .,A Title: Assistant City Attorney
U * � CONTRACT AUTHORIZATION:
y ' M&C: P-12219,June 26,2018
* Mary J.Kayser Form 1295 Certificate No.: 2018-357459
TE P5 Title: City Secretary
VENDOR:
Texas Towing Wreck e Service,Inc., ATTEST:
By: By:
C
e: Je Clay,Jr. Name: u7T rGe c�//e/S
itle: resident Title:
Date:
OFFICIAL,RECORD
CITY SECRETARY
FT.Worm,TQC
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EXHIBIT A
SCOPE OF SERVICES
1.0 SCOPE
1.1 The City of Fort Worth(City)seeks to establish an annual agreement for City Equipment and
vehicle towing as specified in the Invitation to Bid(ITB) 18-0290.
1.2 The term of the Agreement shall be for an initial three-year(3)period,with one(1)option to
renew for an additional two-year period.
1.3 The intent of these specifications is to describe minimum requirements of the successful
Vendor(s),for towing City owned equipment and vehicles in an efficient and timely manner to
support Fleet Services maintenance operations.
1.4 Definitions
1.4.1 Class A Vehicles hereinafter called"Class A"defined as light duty tows consisting of gross
weight rating of 10,000 pounds and less which shall include but not limited to all automobiles,golf
cars,utility cars,scrubbers,scissor lifts and the majority of all pickup trucks,mowers,turf
maintenance equipment,forklifts,light tractors,brush hogs,light skid loaders and sweepers.
1.4.2 Class B Vehicles hereinafter called"Class B"defined as medium duty tows consisting of a
gross weight rating of 10,001 to 25,999 pounds.
1.4.3 Class C Vehicles hereinafter called"Class C"defined as heavy duty tows consisting of gross
weight rating of 26,000 pounds and over.
2.0 BID BONDING
2.1 Bid Bonding in the amount of 5% of total bid is required to be submitted,no exceptions. Failure
to submit the 5%bid bond with your bid package will make the bid non-responsive.Example: If your
total bid were$80,000.00 x 5%would equal your bid bond of$4,200.00 required to be submitted
with your bid. See City of Fort Worth Purchasing Division, Instructions to Bidders, Section 4.0 titled:
Preparation of Bids, Subsection 4.7 Titled: Bid Security,for additional bid bond requirements.
3.0 GENERAL REQUIREMENTS
3.1 The Vendor shall furnish all equipment,labor,materials and personnel necessary for towing for
Fleet Services on an as-needed basis as directed by authorized City employees.
3.2 Notification
3.2.1 The Vendor shall provide a list of names,telephone,email addresses and cell numbers to PMD
Fleet,upon request,for persons to be notified of a request for service.The contact list shall be kept up
to date throughout the life of the agreement by the Vendor.
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3.3 Response Times
3.3.1 Class A,Vendor shall respond to site of disablement within a maximum of 30 minutes from
time request for service is made.
3.3.1.1 Once Class A is picked up and in transit,Vendor shall deliver to delivery site location
within 30 minutes of transit time.
3.3.2 Class B,Vendor shall respond to site of disablement within a maximum of 45 minutes from
time request for service is made.
3.3.2.1 Once Class B is picked up and in transit,Vendor shall deliver to delivery site
location within 45 minutes of transit time.
3.3.3 Class C,Vendor shall respond to site of disablement within maximum of 60 minutes from
time request for service is made.
3.3.3.1 Once Class C is picked up and in transit,Vendor shall deliver to delivery site
location within 60 minutes of transit time.
3.4 Vendor shall perform towing for the City with exception of privately owned vehicles covered
under the Property Management Department-Fleet Servicer's non-consent towing contracts regulated
by City Ordinance.
3.5 Vendor shall provide service 24 hours per day, 7 days per week,including holidays.Historically,
90% of all wrecker service has occurred during the hours of 4:30 pm to 8:00 am Monday through
Sunday,and Holidays.
3.6 Vendor shall give priority to Fort Worth's Police and Fire Department emergency response
vehicles over nonemergency vehicles.The Police Department's is the City's largest fleet with 1,500
vehicles.
3.7 Vendor will be given a document number, equipment number and address each time a request for
service is placed for tracking purposes.
3.8 Vendor's failure or inability to furnish wrecker service within the prescribed time and manner can
create emergency situations and impose unnecessary hardship or risk on both the City and the public
at large.The City reserves the right to obtain towing for any one instance where the Vendor is unable
to respond within the time limits set by these specifications.
3.9 Vendor must meet the minimum insurance requirements as stated within the Section 10.0
Insurance
3.10 Vendor must be in compliance with all Texas Occupations Code,Chapter 2308,and Subchapter
A of Texas Department of Licensing and Regulation and shall comply with all local,City,County,
and Federal rules, ordinances,laws and regulations as set forth now and any enacted in the future.
3.11 Vendor must furnish copies of any certificates or licenses required by local City, State or Federal
rules,ordinances,laws and regulations as set forth now or enacted in the future verifying their
authority to perform towing under this agreement. Successful Vendor awarded the agreement shall
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keep their certificates and license up to date throughout the life of this agreement and submit copies to
the City.
3.12 Vendor's place of business,wrecker equipment and wrecker equipment operators must be at a
location so that the minimum response time requirements as set forth in Section 3.0,Paragraph 3.3,
Response Times,can be safely met.
3.13 Each vehicle or equipment towed is to be considered a separate tow. Example: If Vendor is
requested to deliver a vehicle or equipment to replace a vehicle or equipment towed,the delivery and
pick up will be considered two(2)tows.Each vehicle is to be invoiced separately with appropriate
class charge.
3.14 Vendor shall have access to a minimum of two(2)wreckers for class A and class B tows.
3.15 The two wreckers for class B tows must have front wheel under reach lift with minimum
extension of 110"and GVWR lifting and towing capacity of 20,000+pounds.
3.16 The City reserves the right to inspect and approve all wrecker equipment to be used in the
performance of this agreement before,during and after the award of this agreement.
3.17 Vendor's wrecker equipment shall comply with all local City, County, State and Federal rules,
ordinances,laws and regulations as set forth now and enacted in the future and shall remain current
throughout the life of this agreement.
3.18 All wrecker equipment used in the performance of this agreement shall be fully maintained,
clean,in good working condition, suitable for their intended purpose and operated by fully qualified
and licensed personnel.
3.19 Required Fire Apparatus Experience
3.19.1 Vendor shall have a minimum experience of five(5)or more years in the heavy duty
towing of large Fire Apparatus(up to and including 100' aerial apparatus).Vendor shall submit
documentation in the form of one or all the possible following: award letters,purchase orders,
invoices,signed contracts,or signed statements from an authorized employee or manager of
entity on official entity's letterhead with contact name,phone and email.
3.20 Vendor must have a low boy trailer to tow special equipment.
3.20.1 Vendor must use a low boy trailer to transport all fire apparatus.
3.20.2 If fire apparatus is not moveable under its own power it shall be moved'by lowboy trailer.
3.21 Required Fire Apparatus Experience Reference
3.21.1 Vendor shall provide the name,telephone number,fax number,mail address and email
address of one Governmental Entity and the contact person for which Vendor has towed large fire
apparatus. Failure to submit at least one(1)reference to document compliance in meeting the
minimum five(5)year experience requirement can make vendor's bid non-responsive and cause
bid to be rejected.
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3.21.2 Reference will be questioned about but not limited to; experience of the company and
drivers;type, size, appearance and condition of equipment used;record of any past damage and
how damage was handled as well as response time to requests for towing.
3.22 Locations
3.22.1 On rare occasions City vehicles,equipment and employees may be assigned to perform
duties outside the corporate limits of the City.Assignments can be but not limited to,projects
such as assisting other governmental entities when large disasters occur. Some locations could be
at a distance requiring overnight or extensive travel.Vendor may be required to respond for
delivery or pick up of such vehicles and equipment at any time during normal work hours,nights,
weekends or holidays.
3.22.2 All travel and additional expenses must be approved in advance by Fleet,no exceptions.
Failure to obtain prior written approval may result in objection and in nonpayment of
unauthorized travel expenses.
3.22.3 Should travel and additional expenses be required, all expenses will be reasonable and
acceptable to the City. The City reserves the right to review all travel expenses by obtaining
copies of original receipts from the Vendor. The City reserves the right to accept or reject any
portion of the expenses that are found to be unreasonable or excessive.
3.22.4 Fleet Services anticipated drop-off points shall be but not limited to the following:
Location Address
James Ave. Service Center 5021 James Ave. Ft. Worth TX 76115
Fire Service Center 2950 W.Bolt St. Ft.Worth TX 76110
Brennan Service Center 2500 Brennan Ave. Ft. Worth TX 76106
Southside Service Center 4100 Columbus Tr. Ft.Worth TX 76133
Water Service Center 2201 W.Daggett St. Ft. Worth TX 76102
North Service Center 301 W. Hillshire Dr. Ft.Worth TX 76131
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EXHIBIT B
PRICE SCHEDULE
Item Class Item Estimated Unit Unit Price Total
Quantity
1 Class A service within 30 miles,up to and including 2,145 EA $ 120.00 $ 257,400.00
30 minutes of extra work in all tows
2 Class A service exceeding 30 miles,up to and 75 EA $ 2.00 $ 150.00
including 30 minutes of extra work in all tows
3 Class A additional labor charges. Shall not include 23 HR $ 100.00 $ 2,300.00
travel time,waiting time,cleanup time and other
items until the 30 minutes of extra work included in
all tows expires
4 Class B service within 30 miles,up to and including 555 EA $ 120.00 $ 66,600.00
45 minutes of extra work in all tows.Include pulling
of axles and drive-lines
5 Class B service exceeding 30 miles,up to and 90 EA $ 2.00 $ 180.00
including 45 minutes extra work in all tows.Include
pulling of axles and drive-lines
6 Class B additional labor charges. Shall not include 38 HR $ 100.00 $ 3,800.00
travel time,waiting time,cleanup time and other
items until the 45 minutes of extra work included in
all tows expires
7 Class C service within 30 miles,up to and including 195 EA $ 350.00 $ 68,250.00
60 minutes extra work in all tows. Include pulling of
axles and drive-lines
8 Class C service exceeding 30 miles,up to and 68 EA $ 3.00 $ 204.00
including 60 minutes extra work in all tows.Price
must include pulling of axles and drive-lines
9 Class C additional labor charges. Shall not include 53 HR $ 180.00 $ 9,540.00
travel time,waiting time,cleanup time and other
items until the 60 minutes of extra work included in
all tows expires
10 Trailer service to transport vehicles and equipment 225 EA $ 700.00 $ 157,500.00
up to 85,000 pounds within 30 miles,up to and
including 60 minutes of extra work in all tows.
Excludes vehicles that can be towed under lines 1
through 6 of this bid.
11 Trailer service to transport vehicles and equipment 68 EA $ 5.00 $ 340.00
up to 85,000 pounds exceeding 30 miles,up to and
including 60 minutes of extra work in all tows.
Excludes vehicles that can be towed under lines 1
through 6 of this bid
TOTAL: $ 566,264.00
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EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
Texas Towing Wrecker Service,Inc.
205 S. Commercial St.
Fort Worth,TX 76107
Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fair
presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or
change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution,
ordinance or other authorization of Vendor.City is fully entitled to rely on the warranty and representation
set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an
updated Form within ten (10) business days if there are any changes to the signatory authority. City is
entitled to rely on any current executed Form until it receives a revised Form that has been properly executed
by Vendor.
1. Name: �� L
Position: S
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Sign e
2. Name: .
Position:
Signature
3. Name:
Position:
Signature
Name: ✓.oG���-y
Signa a Pre ent/CEO
Other Title:
Date: c 74—,-xt z 60, ;?-O/�
Texas Towing Wrecker Service,Inc.
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