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HomeMy WebLinkAboutContract 34843C��rY �E�RETARY CONTRACT !VO e CONTRACT FOR TOW TRUCK SERVICE (TANDEM AXLE) WHEREAS, the City of Fort Worth occasionally requires the services of tow trucks; and WHEREAS, such tow truck 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 Joe Paniagua, its duly authorized Assistant City Manager, and A-1 Wrecker Service, LLC owned by VSF Properties, LP, hereinafter referred to as "Company", acting herein by and through Danny Hankins, its duly authorized President, agree as follows: 1. SERVICES City hereby contracts with Company to provide police pull towing service not to exceed $22,000.00. As used herein, "police pull" shall mean that the Fort Worth Police Department has called Company from the rotation list to either remove a wrecked or disabled vehicle or to remove a vehicle in a safe driving condition, but the owner is not present, able or permitted to drive or to make authorizations. 2. TERM This service contract shall commence on February 5, 2007 and expire on September 30, 2007. 3. COMPENSATION AND PAYMENT 3.1 Compensation. As compensation for providing the services contemplated by this Contract, City agrees to pay Company as follows: a) Towaqe. A charge of Two-Hundred and 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 the police � ,,� � , �U ._.:� i���i � �1 1 ''J ��i�_,��-�. !. V��� �J 1 1 [ ��I � � � C:. J�� .lr'(���i� �L�.�%' _. � �' i `��� �.'��. i�, L�,i.,� IT. '� ��� ^:.'����:�!n, ��i�, department 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. b) Second tandem axle tow truck. In the event the police officer at the scene determines that a second tandem axle tow truck is required, a charge of One Hundred eighty dollars ($216.00) per hour billed in increments of fifteen (15) minutes while at the scene of the police pull, with a minimum charge for one hour, at a charge of $54.00 per increment. Travel time is excluded. c) Reimbursables. In the event Company is required to rent equipment or other materials specifically related to a police pull as directed in writing by a police supervisor at the scene, Company 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. d) Extra help. An additional charge of twenty dollars ($20.00) per man per hour, with a minimum charge of four (4) hours, when authorized in writing by a police supervisor at the scene of the police pull. e) Air cushions. 1.) Regular cushions - A charge of one hundred-fifty dollars ($150.00) per hour per cushion, with a minimum charge of one hour. After the first hour billing shall be in increments of fifteen (15) minutes. 2.) Tanker cushions - A charge of four hundred dollars ($400.00) per hour per cushion. After the first hour billing shall be in increments of fifteen (15) minutes. 3.) Prior approval by a police supervisor at the scene of a police pull is required for the use of air cushions. fl Handlinq hazardous materials. When the cargo of any motor vehicle or trailer includes explosive, nuclear, radioactive, hazardous or � corrosive materials, as defined by the Environmental Protection Agency, Texas Department of Transportation, or the Texas Natural Commission on Environmental Quality, a fee equal to one hundred-fifty (150) percent of the charges incurred under subparagraph "a" above. g) Tractor, hydraulic tilttail, lowboy, other specialized equipment. A charge of one hundred eighty dollars ($216.00) per hour, billed in increments of fifteen (15) minutes, with each increment being charged as $54.00 per increment, as authorized in writing by a police supervisor at the scene of the police pull. The police supervisor shall sign the wrecker selection form. h) Nothing contained herein shall be construed so as to obligate City to expend any sums of money except for services actually rendered. Further, nothing contained herein shall be construed so as to guarantee to Company that City will contact Company for any towing services contemplated by this Contract. i) Police Department and Rotation Service Calls. The service fee charged a private citizen for a rotation call under this contract shall not exceed the fees as set forth above. 3.2 Invoicinq and Payment. Company shall Invoice City once per month. Company 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 copies of the wrecker selection form signed by the officer at the scene of the police pull and/or personnel at the Fort Worth Auto Pound. Such invoice shall be subject to the review and approval of appropriate City personnel. City shall remit payment to Company not more than thirty (30) days following approval of invoice. 3.3 Compensation Review. City shall review on an annual basis the compensation provided for hereunder, with the first such review to be conducted during the month of August 2004. Similar reviews shall occur in August of each succeeding year that this contract is in effect. City shall make adjustments in the __ �� f�l�:.�l. � � � 2����a:,� y �, ,� :;�� t—.,,:rR�� �r,a � 5 ;�,�,�i,! �'�L'��:�!L=;.��!V' 3 I� ��� :�;:�^��'�,�,`�'J �� �'?. � � , � . � ��i � � �•,;. f., C -E_ compensation based upon increases or decreases in the cost of doing business, taking into consideration fuel, insurance, labor, and such other costs as may be relevant to the operation of a towing business. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Company shall maintain at all times the following vehicles and equipment in working condition: a) A minimum of one (1) tandem axle (heavy duty) wrecker rated at not less than 26,000 gross vehicle weight, equipped with a power winch and winch lines with a boom rated at not less than 50,000 pound lift capacity. b) At a minimum, all wreckers shall be equipped with the following equipment, which at all times shall be maintained in working order: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) Tow bar Towing lights Emergency overhead warning lights (red or amber color only) Safety chain Fire extinguisher, A. B. C. type Wrecking bar Broom Ax Shovel Reflectors or traffic cones Trash container Two way voice or computer communication between tow truck and Company dispatcher Backing warning signal Wheel chocks (rubber or metal) Traffic cones c) Each wrecker shall have the identifying markings required by the Texas Transportation Code, section 642.002. In addition, each wrecker shall provide Notice of Complaint Procedures to the owner of a towed vehicle as outlined by � the Texas Department of Transportation Rules and Regulations as contained in 43 Texas Administrative Code, Chapter 18, subchapter 18.89, as same may be amended from time to time. d) Each tow truck and the required equipment shall be inspected by the Chief of Police or his authorized designee prior to being used for services contemplated by this contract. In addition, each tow truck and the required equipment shall be subject to intermittent inspection to assure compliance with this contract. 5. INSURANCE REQUIREMENTS Company shall maintain insurance from insurers acceptable to City in the following types and amounts: 5.1 Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate or Garage Liability $1,000,000 each accident, otherthan auto $1,000,000 aggregate 5.2 Automobile Liability $1,000,000 each accident, combined single limit This coverage shall include all vehicles owned or non-owned that are operating under Company's operating authority. 5.3 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. 5.4 GARAGEKEEPER'S LIABILITY $50,000 per unit 5.5 Worker's Compensation/Accident Insurance � Coverage shall meet the minimum requirements of state law as contained in the Motor Carrier Rules and Regulations. 5.6 Current insurance certificates shall remain on file with the City during the term of this Contract. Insurance coverages may, at the sole discretion of the City, be revised upward upon thirty (30) days prior written notice to Company. Policies shall be endorsed as follows: a) 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. b) Certificates of insurance shall be delivered to the supervisor of the City of Fort Worth Auto Pound, 1301 E. Northside Drive, Fort Worth, TX 76102, prior to any work being performed under this contract. c) Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d) Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e) 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. � Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g) 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. h) City shall not be responsible for the direct payment of insurance premium costs. G i) 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. j) Company shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k) Company's liability shall not be limited to the specified amounts of insurance required herein. I) Upon the request of City, Company shall provide complete copies of all insurance policies required by these contract documents. 5.7 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. 6. DUTIES AND RESPONSIBILITIES OF COMPANY Company, during the term of this contract, shall perform the following duties and have the following responsibilities: a) Maintain as its primary business the towing of vehicles or trailers by wreckers meeting the requirements of paragraphs 4(a) and 4(b) above. "Primary business" shall mean that Company receives more than fifty per- cent (50%) of it gross revenues from the towing of vehicles and trailers. All of company's records shall be open to reasonable inspection, both at the time of execution of this agreement and at any time during the term hereof, to verify compliance with this condition. b) Maintain a currently licensed vehicle storage facility located within the corporate limits of the City. "Vehicle storage facility" shall mean a facility operated by a person licensed under Article 6687-9a, Revised Statutes. c) Maintain business operation twenty-four (24) hours a day, seven days per week. % y �' � _ ' �',:> r r 1�;� J. . ��. y';,� U �. � 6 ,:, � �,;�� �t` �,,, " ''�J�'? ����.6�.s�:�r!;, i, ; � ;;;r^„ r, � li, �;`,1 j S�i .��:%'1'�I:�Ji.l� ���J•. � � d) Respond to all calls contemplated by this contract within forty-five (45) minutes of notification, except in extraordinary situations where delay is caused by ice, snow or other weather related conditions. In the event Company fails to respond as required, City may notify another wrecker company and Company shall not be entitled to the compensation to which it would have been entitled had it arrived timely. e) Maintain on file with the City the name of the owner, president or chief executive officer, business address and telephone number; further, Company shall notify the City of any change of ownership, president or chief executive officer, or change of address within five (5) business days of any such change. fl Deliver the motor vehicle being towed to the location within the corporate limits of City designated by the police officer at the scene of the pull. Delivery shall be made without delay or detour. g) Fully cooperate with any investigation conducted by the City regarding complaints against Company, whether or not such complaints arise out of services contemplated by this Contract. h) Shall not become delinquent in the payment of any taxes due to City. i) Shall not go to any accident scene unless the Company has been called to the scene by the owner or operator of a vehicle or an authorized representative of same, or by the City. j) Completely remove all debris resulting from any accident to which the Company is responding. Removal of debris shall not be considered complete by merely sweeping it to the curbline. k) 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. h) Shall only employ drivers of tow trucks authorized to operate same. i) Provide Police Auto Pound personnel with an invoice at the time the towed vehicle is delivered to the Pound together with a signed wrecker selection : form provided by the police officer or supervisor at the scene of the police pull. 7. TERMINATION OR SUSPENSION 7.1. This contract may be terminated or suspended by City for any of the following causes: a) Violation of any term and/or condition specified in this contract. b) Failure to notify the Communications Division of the Police Department within fifteen (15) minutes from the time of notification if the Company will be unable to respond within the forty-five (45) minutes allotted for a response to a wrecker call. c) Permitting a tow truck to be operated by anyone while under the influence of alcohol and/or drugs. d) Permitting a tow truck to be operated by anyone whose operator's license is suspended. e) Transferring or assigning any call for service to any other company � Any sustained complaint of theft by personnel of Company while acting in their capacity as employees of Company, whether occurring during a police pull or otherwise. g) Any sustained complaint of threats made by personnel of the Company while acting in their capacity as employees of Company made against third parties during a police pull or otherwise. h) Failing to comply with all directions of police personnel at the scene of a police pull or civilian or police personnel at the Police Auto Pound. Company may request a police supervisor to validate any such direction given. i) Failure to comply with any state or federal law or city ordinance related to the operation of a wrecker company. j) Five (5) passes within a thirty (30) day period. Pass in this paragraph shall mean Company failing to notify the City of its inability to respond to a request for service as required by paragraph 2 above. 0 k) Ten (10) passes within a thirty (30) day period. Pass in this paragraph shall mean a Company notifying the City of its inability to respond to a request for service as required by paragraph 2 above. I) Violation of any rule or regulation contained in Exhibit "A" attached hereto. 7.2 City shall notify Company in writing of its intent to terminate or suspend for cause twenty (20) days prior to such suspension or termination. Company shall have the right to request a hearing before the Chief of Police or his designee regarding the intent to terminate or suspend for cause by requesting a hearing in writing within five (5) business days after receipt of notice of intent to terminate or suspend. A hearing shall be conducted within fifteen (15) days of the request for hearing. The City, in its sole discretion, may temporarily suspend this contract during any appeals process. 7.3 In the event this contract is suspended for cause, the suspension shall be for a period of time of not less than six (6) months or more than twelve (12) months. 7.4 In the event City suspends or terminates this contract for cause, and the cause for such suspension or termination is determined to be invalid, Company's sole remedy shall be reinstatement of this contract. Company expressly waives any and all rights to monetary damages, including but not limited to actual and punitive damages, court costs and attorney's fees. 8. INDEMNIFICATION With regard to any liability which might arise hereunder, City and Company 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. 9. ASSIGNMENT 10 Company shall not assign, transfer or sublet this Contract or any portion hereof to any party without the prior written consent of City that shall not be unreasonably. Any such assignment, transfer or subletting of this Contract shall be void and shall operate as a termination hereof. 10. INDEPENDENT CONTRACTOR It is understood and agreed by the parties hereto that Company shall perForm all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. Company 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 same on behalf of Company, 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 Company, 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. IN WITNESS WHEREOF, the parties have executed this Contract on the date opposite their signatures below. A- �RECK S RVICE, LLC ��� �G� �i'/ �,� ��d��%/ Dan Hankins, President Date APPROVED AS TO FORM AND LEGALITY Leann Guzman Assistant City Attorney Date -=�=-�.- - - ,^ , ., �, �. � ; �, ;�; _ ''� �.y ����J�:,,1.=�:� �,.��:��;�.:� v'J�, � �a, �,,r� 5s �� r�ru; � ;� �'� i; J �,1 i� �i'_� i,. � ! , `f�lr ' �"1 a 'il� .rt.���� CI�Y F t�RT WORTH i { I c, � f�� o i� �, . �-r- „� an' aual Date Assistant City Manager r1tCe;�Cc,�:� ;_;'y� �' ' � ' ���dv�L-�.�P-- , � � C,t���c � Hen.ari�= �.;it. 3ecretar;� :��'� � � i��'. ��'�' �� �,T � ��� �