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HomeMy WebLinkAboutContract 35959 CITY SECRETARY CONTRACT NO. AGREEMENT FOR TOW TRUCK SERVICE (STANDARD AND TILT BED\ROLL BACK SERVICE) 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 Action Wrecker Service, hereinafter referred to as "Company", acting herein by and through Jimmy Spurgeon, President, its duly authorized representative, agree as follows: 1. SERVICES City hereby contracts with Company to provide police pull towing service. As used herein, "police pull" and "rotation pull' shall mean that the Fort Worth Police Department has called Company from a 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 The initial term of this Agreement shall begin on October 1, 2007 expire on September 30, 2008. In addition to the initial term of this Agreement, there shall be four options to renew for terms 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 hereunder and Company providing proof of insurance each year to City within five (5) calendar days after expiration. Standard and CC Wrecker Agreement Revised 09/24/2007 3. COMPENSATION-Standard and Car Carrier 3.1 Compensation. As compensation for providing the services contemplated by this Agreement, City agrees to pay Company as follows: a) Towage. For both a standard and tilt bed tow, 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 department at the place where the tow originated; such charge includes one-half hour of extra work. b) Second tow truck. In the event the police officer 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, billed in increments of fifteen (15) minutes while at the scene of the police pull. A police supervisor shall approve, in writing, the use of a second tow truck. Travel time is excluded. c) Extra work. An additional charge of one hundred dollars ($100.00) per hour, charged in increments of fifteen (15) minutes, for removing vehicles that are off the street right-of-way, 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. Even though the vehicle is within the street right-of-way, an additional charge may be made if the vehicle is located in some unusual condition within the right-of-way, such as, but not limited to, a river or a creek bed or a ditch of greater depth than the ordinary bar ditch. Extra work shall only be allowed when authorized by a police officer at the scene of the pull. The charges for such extra work shall be reviewed and approved by the City's Senior Contract Compliance Specialist. Extra work excludes travel time and waiting time. d) Use of a dolly. No additional fee shall be charged for the use of a dolly on a Standard Wrecker tow. e) Rotation Tows. Company shall not exceed the fee structure for rotation pulls performed under this agreement; as detailed in paragraph 3 above, i.e., a Standard and CC Wrecker Contract 2 Page 2 of 18 rotation tow fee charged shall not exceed the standard fee allowable under this agreement. f) 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 Company that City will contact Company for any towing services contemplated by this Agreement. 3.2 Invoicing and Payment. Company shall invoice City once per month, no later than the tenth working day of the month following services. 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 all information entered on the wrecker selection form 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, including the City's Senior Contract Compliance Specialist and the Police Auto Pound Supervisor. City shall remit payment to Company within thirty (30) days following receipt and approval of a properly prepared Company invoice. 3.3 Compensation Review. At the discretion of the City, City shall review, on an annual basis, the compensation provided for hereunder, with the first such review to be conducted during the month of May 2008. Similar reviews shall occur in May of each succeeding year that this Agreement is in effect. City shall make adjustments in the 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. All compensation reviews conducted shall be processed and approved in accordance with the City's applicable procedure. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Standard and CC Wrecker Contract 3 Page 3 of 18 Company shall maintain at all times the following vehicles and equipment in working condition, ready to perform, in accordance with this Agreement: a) 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. b) At a minimum, all wreckers shall be equipped with the following equipment, which at all times shall be maintained in working order: 1) Tow bar 2) Towing lights 3) Emergency overhead warning lights (red or amber color only) 4) Safety chain 5) Fire extinguisher, A.B.C. Type 6) Wrecking bar 7) Broom 8) Shovel 9) Reflectors or traffic cones 10) Trash container 11) Voice or computer communication between tow truck driver and Company Dispatcher 12) Back-up warning signal 13) Wheel chocks (rubber or metal) 14) Dollies (Standard Tow Truck Only) c) Each wrecker shall have and maintain current identifying markings required by the Texas Transportation Code, Section 642.002, as same may be amended. 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 Standard and CC Wrecker Contract 4 Page 4 of 18 Rules and Regulations as contained in 43 Texas Administrative Code, Chapter 18, subchapter 18.89, as same may be amended. 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 Agreement. 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 from time to time as required. 5. INSURANCE REQUIREMENTS Company shall maintain insurance from insurers acceptable to City of the following types and amounts: 5.1 Commercial General Liability $500,000 each occurrence $500,000 aggregate Or Garage Liability $500,000 each accident, other than auto $500,000 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 performing services under this Agreement. 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 Standard and CC Wrecker Contract 5 Page 5 of 18 $30,000 per unit 5.5 Worker's Compensation/Accident Insurance Coverage shall meet the minimum requirements of state law, as con- tained in the Motor Carrier Rules and Regulations. NOTE: BETWEEN 5.1 AND 5.5 ABOVE, ANY POLLUTION EXPOSURE, INCLUDING ENVIRONMENTAL IMPAIRMENT LIABILITY, ASSOCIATED WITH THE SERVICES AND OPERATIONS PERFORMED UNDER THIS AGREEMENT SHALL BE COVERED; IN ADDITION, SUDDEN AND ACCIDENTAL CONTAMINATION OR POLLUTION LIABILITY FOR GRADUAL EMISSIONS AND CLEAN-UP COSTS SHALL BE COVERED. 5.6 Company shall maintain insurance coverage at all times. Current insurance certificates shall remain on file with the City during the term of this Agreement. Insurance coverage may, at the sole discretion of the City, be revised upward upon thirty (30) calendar 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 City's Senior Contract Compliance Specialist, 350 W. Belknap Street, Fort Worth, TX 76102, prior to any work being performed under this Agreement. 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 (30) calendar day notice of cancellation, non-renewal, and/or material change in policy terms or coverage. Ten (10) calendar 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. Standard and CC Wrecker Contract 6 Page 6 of 18 f) 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) 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. i) City shall not be responsible for the direct payment of insurance premium costs. j) 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. k) Company shall report, in a timely manner, to City's officially designated Senior Contract Compliance Specialist any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. 1) Company's liability shall not be limited to the specified amounts of insurance required herein. m) Upon the request of City, Company shall provide complete copies of all insurance policies required by these Agreement documents. 5.8 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 Agreement, shall perform the following duties and have the following responsibilities: Standard and CC Wrecker Contract 7 Page 7 of 18 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, manage and operate a currently licensed vehicle storage facility, VSF, located within the corporate limits of the City. "Vehicle storage facility" shall mean a facility operated by a person licensed under the Texas Occupations Code, Section 2303.002. c) Maintain business operation twenty-four (24) hours a day, seven days per week. d) Respond to all calls contemplated by this Agreement within thirty (30) 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 within the 30 minute time limit. 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 or corporate organization within five (5) City business days of any such change. f) 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. Comply with the requirements contained in Exhibit A to this Agreement. 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 Agreement. Standard and CC Wrecker Contract 8 Page 8 of 18 h) Shall not become delinquent in the payment of any taxes due to City or any governing body or agency. 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 except known hazardous material resulting from any accident to which the Company is responding. Removal of debris shall not be considered complete by merely sweeping it to the curb line. 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. 1) Shall only employ drivers of tow trucks authorized to operate same. m) Provide Police Auto Pound personnel with a signed PD Wrecker Selection form at the time the vehicle is delivered to the Auto Pound. n) Company shall maintain records of the vehicles towed and charges of tows from calls received from the city rotation list. 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. o) Company shall attend City meetings as may be reasonably requested. p) Company shall not pick-up any known hazardous material, 30 Tex. Administrative Code, Chapter 327, (Texas Commission on Environmental Quality, Spill Prevention and Control). 7. TERMINATION AND SUSPENSION 7.1 This Agreement may be terminated or suspended by City for any of the following causes: a) Violation of any term and/or condition specified in this Agreement. b) Failure to notify the Communications Division of the Police Department within fifteen (15) minutes from the time of notification if the Company will Standard and CC Wrecker Contract 9 Page 9 of 18 be unable to respond within the thirty (30) minutes allotted for a response to a call for wrecker service. c) Permitting a tow truck to be operated by anyone while under the influence of alcohol and/or illegal 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. f) Any sustained complaint of theft by personnel of Company while acting in their capacity as employees of Company. 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 employee at the Police Pound. Company may request a Police Department supervisor or the City's Senior Contract Compliance Specialist to validate any such direction given. i) Five (5) passes within a thirty (30) calendar 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. j) Ten (10) passes within a thirty (30) calendar 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. k) Violation of any rule or regulation contained in Exhibit "A" attached hereto and hereby incorporated for all purposes. 1) Failure to comply with any state or federal law or code or city ordinance related to the operation of a wrecker company. 7.2 City shall notify Company in writing of its intent to terminate or suspend for cause ten (10) City business 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) City business days after receipt of notice of intent Standard and CC Wrecker Contract 10 Page 10 of 18 to terminate or suspend. A hearing shall be conducted within fifteen (15) City business days of the request for hearing. The City, in its sole discretion, may temporarily suspend this Agreement during any appeals process. 7.3 In the event this Agreement is suspended for cause, the suspension shall be for a period of time of not less than six (6) months and no more than twelve (12) months. However, if the non-compliance matter is remedied within the time period specified by the City, a shorter suspension time may be imposed on the Contractor at the sole discretion of the City. 7.4 In the event City suspends or terminates this Agreement for cause, and the cause for such suspension or termination is determined to be invalid, Company's sole remedy shall be reinstatement of this Agreement. 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 General 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. Environmental Indemnification COMPANY 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, Standard and CC Wrecker Contract 1 1 Page 11 of 18 RECOVERY, AND/OR REUSE, BY ANY PERSON, OF HAZARDOUS WASTE WHICH UNDER THIS AGREEMENT, WHEN SAID ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF ANY ACT OR OMISSION OF COMPANY, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT ACT OR OMISSION OF COMPANY, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY. 9. WARRANTY Company warrants that it understands the currently known hazards and suspected hazards which are presented to persons, property and the environment by hazardous waste. Company 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 Company, or its officers, agents, employees, or subcontractors, for the accuracy and competency of their services provided under the Agreement. 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 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: Standard and CC Wrecker Contract 12 Page 12 of 18 a. Damages for personal injury and death, or injury to property or natural resources; b. 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 C. 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." 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: a. 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 Standard and CC Wrecker Contract 13 Page 13 of 18 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 b. All requirements pertaining to the protection of the health and safety of employees and/or the public. 10. ASSIGNMENT Company 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. 11. ZONES AND ROTATION LIST 10.1 City shall divide the city into four (4) zones that shall correspond to the four (4) patrol divisions. Company shall be assigned to the zone or an adjacent zone in which it maintains its principal place of business. City, at its sole discretion, shall assign Company to its designated zone. 10.2 City shall create a rotation list within each of the four (4) zones that will dictate the order in which wrecker companies are contacted. A separate list will be maintained for the Standard Service and Tilt Bed\Roll Back Service call. 10.3 City may request Company to conduct a police pull within any zone, and Company agrees to use its best efforts to arrive at the scene of the police tow within thirty (30) minutes. 12. INDEPENDENT CONTRACTOR Standard and CC Wrecker Contract 14 Page 14 of 18 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. 13. VENUE The parties to this Agreement agree and covenant that this Agreement will be enforceable in Fort Worth, Texas; and that if legal action is necessary to enforce this Agreement, exclusive venue will 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. 14. SEVERABILITY 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 Standard and CC Wrecker Contract 15 Page 15 of 18 any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 15. APPLICABLE LAW This Agreement is to be construed, governed and enforced under all applicable Texas and federal law. Situs of this Agreement is agreed to be Tarrant County, Texas, for all purposes including performance and execution. 16. ENTIRE AGREEMENT This Agreement embodies the complete agreement of the parties hereto 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. 17. AUTHORIZATION The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions or actions extending such authority have been duly passed and are now in full force and effect. CITY F O WORTH POwne®r n ce Joe niabua o Assistant City Manager Date: (0 Date: -' ATTEST: ATTEST: Standard and CC Wrecker Contract 16 Page 16 of 18 PE4-City Secretary Notary Seal M&C Number: ' Z City Ordinance: Article V, Wreckers Agreement Numbera2pm Ordinance No.: APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney Standard and CC Wrecker Contract 17 Page 17 of 18 EXHIBIT A FW POLICE AUTO POUND OPERATIONS The following rules and procedures shall be observed by Company upon arrival at the Police Auto Pound. 1. The Auto Pound entry gate shall not be obstructed by Company waiting to enter the Auto Pound Facility. 2. Company 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, Company 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. Company shall not assist Auto Pound personnel with inventory. 6. Company shall be required to follow directions and instructions of Auto Pound personnel. 7. Company shall assist and comply with any investigation performed by Auto Pound personnel or the FW Police Department in all regards. 8. Violations of any of the above shall be reviewed by the City's 9. Senior Contract Compliance Specialist or the Auto Pound Supervisor. Standard and CC Wrecker Contract 18 Page 18 of 18 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 912512007 DATE: Tuesday, September 25, 2007 LOG NAME: 35WRECKR08 REFERENCE NO.: **C-22408 SUBJECT: Authorize the City Manager to Execute Contracts for Police Initiated Towing Services with Various Companies RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute contracts for police initiated towing services with various companies. DISCUSSION: On November 18, 2003, (M&C C-19861) the City Council authorized the execution of contracts for police initiated towing services with various companies. The City Council further authorized the adoption of a new fee schedule for towing services. The agreement provided for four annual renewal options. The City has exhausted its renewal options, requiring the execution of new agreements. Staff has negotiated an agreement for towing services with various companies and recommends approval for FY2007-08 with an additional four one-year renewal periods. The Internal Audit Department has conducted a financial review of rates and has determined that the existing fees are appropriate. Annual costs are estimated to be $2,101,212.00. These costs are offset by fee revenue. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations funds will be available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539120 0357201 .00 GG01 46W24 0357201 $0.00 Submitted for City Manager's Office by: Joe Peniagua (6191) Originating Department Head: Ralph Mendoza (4212) Additional Information Contact: Kara Shuror (4221) Logname: 35WRECKR08 Page 1 of 1