HomeMy WebLinkAboutContract 44888-A1A1 I G"'lY OMCRETARY
REC,ENED CONTRACT N0.
AMENDMENT NO. 1 TO RESTATED CITY OF FORT WORTH CONTRACT
CCCY dF'FOH�WC°,
CIV SVF- 44888 AGREEMENT FOR STANDARD AND HEAVY DUTY POLICE-INITIATED
AND POLICE-PURPOSE TOWING SERVICES
The City of Fort Worth, hereinafter referred to as "City," acting herein by and through its
duly authorized Assistant City Manager, and MATHEW TACO, a sole proprietor, DBA SEGA
TOWING, hereinafter referred to as "Contractor," acting herein by and through Matthew Tago,
Owner, its duly authorized representative. City and Contractor shall be referred to individually as
"party" and collectively as "parties."
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; and
WHEREAS, in 2013, The City of Fort Worth entered into an agreement with Sega
Towing, Inc., for performance of certain police intitiated towing services, that agreement being
City of Fort Worth City Secretary Contract No. 44888; and
WHEREAS,the original term of the contract expired on September 30, 2014; and
WHEREAS, the term of the contract was renewed on an annual basis, as authorized by
the Fort Worth City Council; and
WHEREAS, in 2015 Contractor was formed and acquired certain assets and liabilities of
Sega Towing, Inc., including Contract No. 44888; and
WHEREAS, also in 2015, the City executed a renewal with contractor, as succesor in
interest to Sega Towing Inc., for certain police initiated towing service, with that agreement
serving as a functional amendment and assignment of the contract; and
WHEREAS, the contract was amended on December 2, 2016, to reflect equipment
requirement changes desired by both parties; and
WHEREAS, on November 28, 2017, the contract was previously amended and restated to
update the current operations and responsibilities of both parties; and
WHEREAS,the contract has no additional renewals remaining but continued services are
needed while the City's procurement for tow-related services is completed; and
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WHEREAS, both Parties now wish to amend restated Contract 44888 to extend the tern
for an additional sixty-one days to allow for the continul provision of these vital services to
protect the public's safety, decrease hazards on roadway I, and ensure that the welfare of the
citizens of Fort Worth and to amend the termination pro�ision during the extension to ensure
compliance with applicable state laws.
NOW, THEREFORE, City and Contractor, actin herein by and through their duly
authorized representatives, enter into the following agreem nt to amend section 3 and section 10
of the previously amended and restated Contract 44888:
I.
AMENDEMENl'S
The:following sections shall be amended in their en firety.to read as follows:
3.
TERM
The initial ten-a of this Agreement shall begin,Ltial'Terin
October 1, 2013, and expire on
September 30, 2014 ("Initial Term"), In addition to the of this Agreement, at the
City's option, there shall be four options to renew for tolrms of one year each, unless earlier
terminated as hereinafter provided, Renewal shall occur upon City including in its budget for the
option years sufficient funds to pay for its obligations hl reunder. The terns shall hereby be
extended for an additional sixty-one days, subject to se•'tion 10 below, to end no later than
November 30,20X8,
10.
SUSPENSION AND TERMINATION
10.1 During The Extended Period (10/1/18-11- -18); City shall have the right to
immediately terminate this Agreement for miy reason wha soever without any penalty or cost to
the City. In the event the City terminates this agreement before November 30, 2018, the City
shall notify the Contractor in writing within one bush ess day and shall not dispatch the
Contractor-on any additional tows pursuant to this Contract, City shall pay contractor. within
thirty (30) days of receiving a correct and accurate invdiee from Contractor :for any Police-
purpose tows that are completed by Contractor prior to the written notice of termination being
provided by City.
Police-initiated or police-purpose lbw
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10.2 During the remainder of the current rent al period (ending 9/30/18): All work
hereunder shall be performed t' the satisfaction of the City, The
performed by Contractor p ,
determination made by the City slaall be final,binding id coliclusive on all Patties hereto. City
shall have the right to suspend or terminate this Agreexxre it m provided herein. Should
r' won be deemed unsatisfactor to the City,t rmiriation, in whole or in part, will be
contractor's k Y
made by the City based upon reconurtendations from tine Police Department. Termination, in
whole or in part., should Contractor's work be deemed un atisfactory, based upon
recommendations will be made by the Chief or their designee. At any time the City may
conduct a perfomi.ance review of this Agreement.The infon-AR.tion'used in assessing Contractor's
performance lnay include the information submitted by Oontractor and any other information
deemed pertinent by City.
10.2.1 This Agreement may be suspended or terminatedy City to include, but not ihnited to, any
of the following causes, while under performance of this al`eement:
1) Violation of any term and/or condition specif ed in this Agreement;
2) Permitting a tow truck to be operated by Anyone while wider the influence of alcohol and/or
illegal dnigs;
3) 'Performing services under this Agreement while consuming, or while under the influence
of drugs or alcohol;
4) Pemlitti ng a..tow truck to be operated by anyone whose operator's license is suspended;
S) Transferring or assigning any call for service to any Cher Contractor;
6) Any sustained complaint of theft by personnel of Co,tractor wbi lc acting in their capacity as
employees of Contractor;
7) Any sustained conaplainnt of threats made by personae' of the Contractor while acting in their
capacity as employees of Contractor made against third parties during a police-initiated or
police-purpose tow or otherwise;
8) Failing to comply with all directions of police persoilel at the scene of a police-initiated or
police-purpose tow, civilian employees at the P'llice :Poand, or civilian employees
perfonning inspections or contract compliance duties;
9) Failure to comply with any state or federal law or ode pr City ordinance related to the
operation of a wrecker Contractor;
10)Disobeying traffic control devices(traffic lights,stop signs, etc.);
Police-initiated or police-purposc Tow f
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11) Using any type of siren besides the backup wamil b signal;
12) Making any repairs or alterations to a vehicle obt 'ined.froin a police-initiated or police-
purpose tow;
13)Towing any vehicle which is occupied by any person, except as specifically directed by a
police officer;
14)Charging for services not performed or rnalcbig duplicate charges for the same service or
charge any fee in excess of those permitted under spate law or this Agreement;
15)Using profane or obscene language which offends a customer or any other person;
16)Being verbally or physically offensive, abusive, di respectful or discourteous to any
customer,motorist, City employee or any other person;
1.7)Inappropriate touching any customer, motorist, C' employee o1•any other person; or
18)Operating any vehicle or other equipment in the performance of this Agreement in a
careless, reckless, or negligent manner.
10.2.2 When it comes to the attention o- the Chief of Police that grounds exist for the revocation
of a contract, license or perry t issued under this Agreeme It,a Bearing may be scheduled at the
request of the Contractor through written notification to the Police Department.
1) The Depaitnent may issue a notice to the Contractor of:such hearing seat by certified
mail,return receipt requested, or by personal service.
2) A hearing notice slaa,li be in writing and shall namehe 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 th fifteen (15) days after the notice is
issaed.
4) A designated Deputy Cluef shall preside at the heariina as.hearing officer.
5) At the conclusion of a hearing, the hearing officer ihall >aake written findings of fact and
conclusions without undue delay. The hearing officer shall further issue written orders
appropriate to their findings within thirty (3 0)days of conclusion of the hearing.
6) If grounds exist for the revocation of a.license or p rm.it;the hearing officer may order
such license or permit revolted or may order it suspezrded for a period not to exceed six
(6)months.
Police-initiated or police-purpose Tow
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7) A copy of the findings, conclusions and order shall be delivered to the Contractor. If the
hearing officer suspends or revokes a license or peril it, they shall further deliver to the
Contractor written notice of the right to appeal.
8) Any appeal that is started prior to September 30, 2 18, shall be immediately terminated
as of October 1, 2018, and the termination provision under section 10.1 shall control.
II.
ALL OTHER TERMS SMALL REMAIN TIIE SAME
All other provisions of the Contract which are not e(pressly amended herein shall remain
in full force and effect.
III.
P,LE.CTRONIC SIGNATI
This Amendment may be executed hi multiple counterparts, each of which shall be an
original and all of which shall constitute one and the same instrument. A facsimile copy or
computer image, such as a PDF or tiff image,or a signature shall be treated as and shall have the
same effect as an original.
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[SIGNATURE PAGE FOLLOWS]
Police-initiated or police-puh)ose Tow
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IN WITNESS WHEREOF, the parties he eto t '
have exec ted s agreement i» multiples in port
Worth, Tarrant County, Texas,this� day of 20 18' .
CITY OF FORT WORTH MATHEW ,AGO DBA SEGA TOWING
Jesus Chapa Matthew Tago
Assistant C ^
' Man er Owner
Date: Date:
A.PPR.OVA CO N
i
By:
Chief Joel F. Fitzgerald
Chief of Police
APPROYA,L AS T O.'0F.Aj AND LEGALITY:
Jo a e
A ` -tam City Attorney
ATTEST: F O RT
ary . I a r _
City Secrotary U
Date: :.� r�
Form 1295 Certification No: N_OT REQUIRED
This agreement does not require City Council approval
Contract Compliance Manager:
By signing, I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
AKii. berl Dee
Towing Liaison
Police-initiates or police•purpose Tow
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