HomeMy WebLinkAboutContract 45017 AGREEMENT'FOR STANDARD AND HEAVY DUT- A aft&A
POLICE IN ITIA'rED 'TO WING SER C17TYY SECKUAKY
Vb*RACT NO*fmmwaftwmmw�
WHEREAS, the City of Fort Worth, occasionally requires the services of tow
trucks; and
WHEREAS, such wrecker services are necessary to protect the safety of the
citizens of the City of Fort Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS.-
The City of Fort, Worth, hereinafter referred to as "City," acting herein by and
through Charles W. Daniels, 'Its duly authorized Assistant City Manager, and, WHW
I
Transport Inc a Cornish W hereinafter referred t as Contratr
, dbrecker Service, h o " co
acting herein by and through Rick Chron, Manager, Its duly authorized representative,
0
agree as follows,
SERVICES
City hereby contracts with Contractor to provide police initiated wrecker service.
City, through its Police Department, shall dispatch Contractor from a police initiated
rotation list to vehicles that have either been 1) abandoned; 2) involved in a collision; 3)
parked or operated in violation of law; and/or 4) are to be checked for evidence
(including recovered stolen vehicles and vehicles belonging to individuals in the custody
of'the police). Contractor shall perform a tow at the direction of any City police officer.
Contractor shall obey the directions of police officers, in performing such tows and shall
ensure that such tow is performed with all due care to avoid 'Interference with police
activities and police information.
2.
TERM
The initial term of this Agreement shall begin on October 1., 2013, and expire on
September 30, 2014. 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,.
OFFIDIAL RIECORD
I
Cilry SIECRETARY
RECEIVED OC T 18 2013 FT,WORTH,1rX,
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3.
COMPENSATION
3.1 As compensation for providing the services contemplated this Agreement,
agrees to pay Contractor as follows for light duty and medium duty tows.-
1) a e.. For both light duty tows and medium duty tows, a. charge of.one hundred
thirty-five dollars 135. for towing such vehicle from one point on a. street to
another location within the corporate limits of the Cite as directed by the police
officer at the place where the tow originated-
2) sSecond_ tow truck,. fn the event the tow truck driver at the scene dete -lines 'that a.
second tow truck is required, a.charge of one hundred thirty-five dollars $ 35.00) per
hour, with a minimum charge of one hour, for assistance in clearing the scene of an
accident. A police supervisor roust approve, in writing, the use of a second tow truck..
Travel time is excluded.
3 Additional Charges, An additional charge shall only he allowed when authorized by a
police officer at -tl e scene of the police initiated tow. An additional charge shall
exclude travel time and waiting tine. An additional charge of one hundred dollars
($100.00) per hour, charged in increments of fifteen 15 minutes at a charge of
$25.00 per increment, for removing vehicles located in some unusual conditi+an such
but not limited to, an unusual circumstance within the right-of-way,, a� river or a
creek bed or a ditch of greater depth than the ordinary bar ditch. Such charge to he
made from the time t operator begins to remove t e vehicle until it is on the
traveled portion of the ,street.
4 Use of a dolma. No additional fee shall he charged for the use of a dolly on a.
Standard Wrecker tow.
3.2 As compensation for providing the services contemplated by this Agreement, City
agrees to pay Contractor as follows for heavy tows:
1) Towage, A charge of two-hundred sixteen dollars ($2161.00) per hour for
towing such vehicle from one paint on a street to another location within the
corporate limits, of the City as directed by a. City police officer at the place
where the tow originated, "rhe minimum charge shall he for one hour; after
Agreement for Police Initiated Towing Service Page 2 of'22
the first hour, time shall be billed fo�r in increments of fifteen (1 5) minutes,, at
a charge of$54.00 per increment.
2) Second Heavy Duty To . In the event the tow truck driver at the scene
determines that a second tandem axle tow truck is required,, a charge of two-
hundred sixteen dollars ($2,16.00) per hour billed in increments of fifteen (15)
minutes while at the scene of the police initiated tow, with a minimum charge
for one hour, for assistance in clearing the scene of an accident. A police
supervisor must approve, in writing, the use of a second tow truck. Travel
time is excluded.
3) Reimbursable. In the event Contractor is required to rent equipment or
other materials specifically related to a police it tow, as directed in
writing, by a police supervisor at the scene, Contractor shall be reimbursed the
actual cost incurred, plus fifteen percent (15%). Charges under this,
subparagraph are Subject to the review and approval of a police supervisor.
4) Extra hcl . An additional charge of twenty dollars ($20.00) per employee per
hour, with. a minimum charge of four hours or $8,0.00, when authorized in
w *t*ng by a police superv' I
ri 1 isor at the scene of the police initiated tows.
5) Air cushions.
a.) Regular cushions - A charge of one hundred-fifty dollars ($150-00) per
hour,, per cushion, with a, minimum charge of one hour or $150.00. After the
first hour, billing shall be in increments of fifteen (15) minutes.
b.) Tanker cushions - A charge of four hundred dollars ($400.00) per hour,
per cushion, with a minimum charge of one hour or $400.00. After the first
hour, billing, shall be in increments of fifteen (15) minutes.
c) Prior approval by a,police supervisor at the scene of a police initiated tow
is required for the reimbursement for the use of air cushions.
6) Tractor raul'c tilt tail lowboy, and other so i ized Nuipment. A charge
hy i ec'al'
of three hundred sixteen dollars ($316.00) per hour, two hoar min I with
Of
subsequent increments being charged
rged as $79.00 per 15 minute increent I I
prior written approval of a police supervisor is obtained at the scene of the
Police initiated tow. The police supervisor shall sign the wrecker selection
Agreement for Police initiated Towing Service Page 3 of 22
form when a tractor, hydraulic tilt tail, lo'wboy or other specialized equipment
IS used. Should a Rotator Wrecker be required and approved by the Police
Officer on the scene, a charge of four hundred dollars ($400.00) per hour, two
hour, minimum, with subsequent 15 minute 'increments being charged as
$100-00 per increment., with prior written approval fro'm the Police supervisor,
on the scene.
3.3 Rotation Tows. Contractor shall not exceed the fee, structure for police initiated
tows performed under this Agreement-, as detailed 'in sections 3.1 and 3.2 above,
I,e., charges shall not exceed the standard fees, allowable under this Agreement.
Nothing contained herein shall be construed so as to obligate City to expend any
sums of money. Further, nothing contained herein shall be construed so as to
guarantee to Contractor that City will contact Contractor for any towing services
contemplated by this Agreement,
3.4 Invoicing and PaMiqnt. Contractor shall invoice City once per month, no later
than the fifth working day of the month following services. Contractor shall
include with the invoice such documents as may be reasonably requested to
provide evidence of the services, provided to the City, which at a minimum shall
include all information entered on the wrecker selection form by the officer at the
scene of the police initiated tow andlor personnel at the Fort Worth Auto Pound.
Such invoice shall be subject to the review and approval of' appropriate City
personnel and the Police Auto Pound Supervisor. City shall remit payment to
Contractor within thirty (30) days following, receipt and approval of a properly
prepared Contractor invoice.
4
VEHICLE AND EQUIP,ME,Nrl" RE UIREMENTS
Contractor shall provide all vehicles and equipment necessary to perform Police Initiated
Towing Services in the Divisions they are assigned. All vehicles and equipment shall be
in good working order for the duration of this Agreement. Contractor shall supply, upon,
request by City, a list of Contractor vehicles and equipment inventory dedicated to
performance of this Agreement.
Agreement for Police Initiated Towing Service Page 4 of 22
4.1 Vehicles.
a) Contractor, mu st n tain a m"n*
I imu m of tour (4) wreckers to include a ml*nl*MUM 01
two (2) tilt bed/roll back/flat bed dual rear wheel wreckers and a minimum of two (2)
other vehicles at the discretion of the Contractor that meet the minimum TDLR
requirements.
OStandard and Car Carrier. A minimum of four (4) wreckers, one of which shall
be,not less than 14,000 pounds gross vehicle weight and one of which shall be not
less than I O�,000 pounds gross vehicle weight, dual rear wheels, equipped with a
hydraulic operated Winch, winch lines,, and a boom rated at not less than 8,000
pound lift capacity and a wheel lift device rated at not less than 2,500 pounds. A
minimum of two (2) tilt bed/roll back dual, rear wheel wreckers. rated at not less
than 14,000 pounds gross vehicle weight.
2 Tandem Axle Tow Truck. A minimum of two (2) tandem axle (heavy duty)
wreckers rated at not less than 54,000 gross vehicle weight (GVWR), equipped
with two hydraulic winches and winch lines with a boom rated at not less than 50
tons,and under lift capacity of 50,000 pounds.
(3) Each wrecker shall have and maintain current *identifying markings required
by the Texas Transportation Code, Section 642.0,02, as same may be amended,.
(4) All of Contractor's vehicles shall have
(a) Permanent labeling on each side door of the vehicle with the Tow
Contractor's name, physical address (street, city, state, zip code), and
phone number;
(b) A four vary emergency tiashing, system and at least one flashing amber
light(or other color permitted by State law);
(c) Portable auxiliary brake lights, emergency flasher, turn signal, and tail
light with protective pads/covers on the bottom, for use on towed vehicles;
Agreement for Pol,ice Initiated Towing Service Page 5 of 22
(d) A warning alann, clearly audible above the surrounding noise in the
vicinity and designed to sound when the tow vehicle is shifted into reverse
to signif hat the 'vehicle is, backing up;
(e) Du,a,l Rear Tires, adequate in size and rating for the size and weight of
-the tow truck, with not less than 3/32nds inch of tread and mounted on
rims secured with the manufacturer"s recornmended number of lug nuts,
and
to Tandem Axle"fow'Fruck. A minimum or two (2) tandem axle (heavy
duty) wreckers rated at not less than 54,000 gross vehicle welight
(GVWR)l, equip ped with two hydraulic winches and winch lines with a
boom rated at,not less,than 50,0 O pounds and under lift capacity fift
capacity of 50,000 pounds.
4.2Ement.
In additioni Contractor shall ensure that Contractor's vehicles are e piped with the
0
following equipment, which at all times, shall b�e maintained in working order to ineet the
,following minimum criteria,,0, 1`ow bar;
2), Towing lights;
3) Emergency overhead warning lights,
4) Safety chain"
5), Fire extinguisher(,10 pounds; A.B.C. Type);
6) Crow bar,
7) Push Broom,
8') Shovel,
9), Emergency reflector's or traffic cones;
10), Trash container,
11) Backing warning signial,
12) Wheel chocks-,
131) Dollies (Standard Tow"rruck Only),-
Agreement for Police Initiated Towing,Service Page 6 of 22
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14) Ten (10) pounds of grease and fluid absorbent material, and any other
equipment necessary to clean, up an accident scene in accordance with
state and local laws;
15) Communication Device or Two-way radio equipment capable of
communicating with the Contractor's dispatcher at all times. Such
equipment shall be approved and licensed in accordance with federal
law; and
16) Any other equipment required by state law.
4.a In e i
_ V ct*on. Each tow truck and the required equipment shall be inspected by the Chief
of Police's designated staff following the execution of this Agreement on an annual basis.
In addition, each tow truck and the required equipment shall be subject to intermittent
inspection by the City to assure compliance with this Agreement. The inspection
requirements shall be detailed on the annual wrecker inspection for and revised as
deemed necessary by the Chief of Pohce's designated staff
5.
INSURANCE REQUIREMENTS
Contractor 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
$5 �,000 aggregate
5.2 Automobile Liability
$,I ,0�OiO each accident,combined single limit
This coverage shall include all vehicles owned or non-owned that are
operating under Contractor's operating authority performing services under
this Agreement.
Agreement for Police initiated T w,ing Service Page 7 of 22
MMMM ............................,_
5.3 Cargo/On-Hook
$505000 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 wn*tten on a direct primary basis.
5.4 Garagekeeper's Liability
$30,000 per unit
5.5 Wolrker's Compensation/Accident Insurance
Coverage shall meet the minimum requirements of state law, as con-
tained in the for Carrier Rules and Regrulations.
5.6 Contractor shall maintain 'insurance coverage at all times. Current, insurance
certificates shall remain on file with the City during the term of this Agreement. It is the
responsibility of'the Contractor to submit updated insurance to the City. Insurance coverage
may, at the sole discretion of the City, be revised upward upon thirty (30) calendar days
prior written notice to Contractor. Policies shall be endorsed as follows-,
1) The City, its officers,1 employees and servants shall be endorsed as, an additional
insured on all policies except employer's liability insurance coverage under the
workers' compensation insurance plo licy.
2) Certificates, of insurance shall be delivered to the Grants and Contracts Section,
350 W. Belknap Street, Fort Worth, 'TX 76102, prior to any work being performed
under this Agreement.,
3) Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
4) Each 'insurance policy shall be endorsed to, provide, the City a minimum,thirty (3 0)
calendar day notice of' cancellation, non-renewal, and/or material change in policy
terms or coverage. A ten (10), calendar day notice shall be acceptable in the event of
non-payment of premium.
5) Insurers, must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
Agreement for Police Initiated Towing Service Page 8 of 22
6) Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
7) Other than worker's compensation insurance, in lieu of traditional insurance, City
may consider alternative coverage or risk treatment measures through 'insurance pools or
risk retention groups. The City must approve, in writing, any alternative coverage.
8) Worker's compensation insurance po,licy(s) covering employees shall,be endorsed
with a waiver of subrogation providing rights, of recovery in favor of the City.,
9) City shall not be responsible for the direct payrnent of insurance premium costs.
10)Insurance policies shall each be endorsed to provide -that such insurance is
primary protection and any self- unded or commercial coverage maintained by City
shall not be called upon to contribute to loss recovery.
11)Contractor shall report, in a timely manner,, to the Grants, and Contracts, Section of
any known loss occurrence that could give rise to a liability claim or lawsuit or that
could result 'in a property loss.
12)Contractor's liability shall not be limited to the specified amounts of insurance
require erem.
13)Upon the request of City, Contractor shall provide complete copies of all
insurance policies required by these Agreement 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.
DIVISIONS AND ROTATION LIST
6.1 City,, at its sole discretion", shall assign Contractor to its designated zone.
6.,2 City shall create a rotation list within each of the five (5) divisions -that will dictate
the order in which wrecker companies are contacted.
6.3 City may request Contractor to conduct a police initiated to within any zone, and
Contractor agrees to use its best efforts to arrive at the scene of the police tow within thirty
(30)minutes for light duty and medium duty tows and forty five (45) minutes for heavy duty
tows.
Agreement for Police Initiated Towing service Page 9 of 22
7.
DUTIES AND RESPONSIBILl"IRES OF CONTRACTOR
City hereby grants to Contractor the night to provide Police Initiated Towing
Services at City's direction to the areas,commonly described as the North, East,: South, West
,and Central divisions located within the city limits of the City of Fort Worth and more
speci if
cally demonstrated in Exhibit A. City reserves the right to change the boundary lines
of the divisions. Such change shall be at the discretion of'the City. Contractor's right to
provide Police Initiated Towing Services in the Divisions is, at the direction of City and is
I,nitiated through the City's Police Department's Dispatch Communication Division or other
means. The granting of this right by City does not guarantee Contractors any quantity of
work or monetaiy gain. Additionally, Contractor is required to 'Inform City immediately
of any vehicle accident involving a towing vehicle operated by Contractor. City may
consider the accident, and the surrounding circumstances, in reviewing Contractor's
performance 'under this Agreement. Contractor shall obey all traffic laws while
performing under this Agreement. Officers shall report all violations, of this contract to the
appropriate City personnel. Contractor, during,the term of this Agreement, shall perform the
follovVing duties and have the following responsibilities*,
7.1 Records and Information.
The Contractor shall maintain on file with the City its name of the owner, president or chef"
business address, and telephone number,- ffirther, Contractor shall notify
executive officer, 5
the City of any change of ownership, president or chief executive officer, change of address
or corporate organization within five (5) City business days of any such change. Contractor
shall maintain records of the vehicles towed and charges of tows from calls received for
police initiated towing. Records shall be maintained for at least three (3) years following
completion of the Agreement and shall be open for reasonable inspection by the City.
The failure to provide records to the City is a violation of the Agreement.
72 once Time,
Contractor shall be capable of receiving requests for services from City through-the City's
Dispatch System or other means as required by City, on a, 24 hour basis, 365 days a year
and immediately dispatch the requested Equipment and Personnel to the directed location
to perform services within the response time of thirty (30) minutes, for light and medium
Agreement for Police Initiated Towing,Service Page 10 of 22
duty towing and forty-five (45) minutes for heavy, duty towing, except in extraordinary
situations where delay is caused, by ice, snow or other weather related conditlons. In the
event Contractor fails to respond as required, pity may notify another,wrecker Contractor
and Contractor, shall not be entitled to the compensation to which it would have been
entitled hadit arrived within the 30 minute time limit.
7. .1 Response i ime Violation.
The course of disciplinary action shall be up to the City, including written notice,
suspension, and/or termination of contract, which can be taken if Contractor violates
response times.
1) Company Disregard-. The Contractor will be allowed five (5) 'Company,
Disregarded" calls, within a thirty (30) calendar day period. The to 'Company
Disregard' shall mean -those times when the company, accepts. lie dispatch, but falls
to notify the Police Department's Communication Division within fifteen (15)
minutes from the time of notification if the Contractor is unable to respond within
the thirty (30) minutes allotted for a response to a call for towing services, a
Contractor exceeds the thirty (30)minute response time and is late,, or the Contractor
accepts the call and does not come to the scene.,
2) Company Decline: The Contractor will be allowed ten (10) 'Company Decline'
calls, within a thirty (3 0) calendar day period. The term 'Company Decline" shall
mean the Contractor receives notification of service under this Agreement, but does
not accept or wish to be dispatched to the scene.
,3) City reserves the right to cancel wreckers at any point during this dispatch.
Contractors will not be penalized for the City canceling the call. Under no
circumstances will the City be invoiced or pay for City initiated cancellations.
7.3 Towing to Auto Pound. Contractor shall deliver the vehicle being towed to the
location within the corporate limits of City designated by the,police officer at the scene of
the police initiated tow. Delivery shall be made without delay or detour. Contractor
must:
1) Comply with the Auto Pound processing requirement listed in Exhibit B to this
Agreement-,
Agreement for Police Initiated Towing Service Page I I of 22
2) Provide Police Auto Pound, personnel with a signed. Police Department
Wrecker Selection form at the time the vehicle is delivered to the Auto Pound; and
3) Fully cooperate with any 'investigation conducted by the City regarding
complai*nts. against Contractor, whether or not such complaints anse out of services
contemplated by this Agreement.
7-4.,City Taxes..
Contractor shall not become delinquent in the payment of any taxes due to City or any
governing body or agency.
7'.5 Soli�jj�
Contractor shall not go to any accident scene unless, the Contractor has been called to the
scene by the owner or operator of a vehicle or an authorized representafivie of same, or by
the City. Contractor shall not solicit any wrecker business Within the corporate limits of
City at the scene of a wrecked or disabled vehicle, regardless of whether the solicitation is
for the purpose of soliciting the business, of towing, repairing, wrecking, storing, trading, or
purchasing the vehicle.
7.6 Debris,Removal and Fluid
Contractor shall completely remove all debris, except known hazardous material, resulting
from any accident to which the Contractor is responding. Removal off` debris shall not be
considered complete by merely sweeping it to the curb line. Contractor, shall not pick-up
any known hazardous, material, Texas Administrative Code, Title 30, Part 1, Chapter 327,
(Texas Commission on Enviroranental Quality, Spill Prevention and Control).
71...,Errs ployees
Contractor will provide uniformed wrecker operators. Uniforms must be clean and have
names of the company and the name of the operator on the outside of the uniform. All
personnel working under this Agreement shall be fully qualiffied and legally capable of
performing their individual job duties, including possessing any necessary licenses or
specialized training mandated by federal,, state or local laws or regulations. Contractor
shall adhere to all laws and regulations concerning Drug Testing requirements set by
Texas Department,of Licensing and Regulation (TDLR), Texas Administrative Code,
Title 161, Part 4, Chapter 86, Rule Section 86.710. Contractor's employees will comply
with all traffic laws-when operating vehicles.
Agreement for Police Initiated Towing Service Page 12 f22
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7.8 MeglLng_gNuirements
Contractor shall attend City meetings as requested.
7.9 Compliance
Contractor shall manage all operations for the Divisions accordingly and ensure that
services are performed to industry accepted procedures that achieve safety, reliability and
the preservation of personal property in the possession or care of Contractor.
8.
VEHICLE STORAGE FACILITY INSPECTIONS
8.1 Definition.
"'Vehicle Storage Facility"' (`VSF) shall mean a Facility operated by a person licensed under
the Texas Occupations Code, Section 2303,.002(8), or as amended., Contractor must
maintain business operation twenty-four (24) hours a day, seven (7) days per week three
hundred and sixty five (365) days per year including holidays, and weekends.
82 Contractor's Towing Overations.
Contractor shall have employees available and be capable of releasing vehicles in,
accordance with this Agreement twenty-four (24) hours a day, three hundred sixty-five
(36,5) days a year including weekends and holidays. Contractor shall maintain, manage
and operate a currently licensed VSF located within the corporate limits of' the City.
Contractor shall perform Towing Operations under the laws, regulations, orders,
ordinances and guidelines of the State of Texas, Tarrant County and the City of Fort
Worth.
8.3 Police Initiated Site Ins pections.
VSFs and contractor's records shall be inspected by the City's Chief of Police's
designated staff during the term of this contract. Any compliance failures with VSF
inspections in accordance with City's requirements shall result in suspension or
termination of this contract.
9.
SUSPENSION AND TERMINATION
All work performed by Contractor hereunder shall be performed to the satisfaction of the
City. The determination made by the City shall be final, binding and conclusive on all
Parties hereto. City shall have the right to suspend or terminate this Agreement,,, in
Agreement for 1 olice initiated Towing service Page 13 of 22
accordance with City Ordinance Chapter 34, Article 5. Should contractor's work be
deemed unsatisfactory to the City, termination, in whole or in part, will be made by the
City biased upon recommendations from the Police Department. Tenn inati,o i
pan whole or
in part, should Contractor's work be deemed unsatisfactory, based upon recommendations
will be made by the Chief or their designee. At any time the City may conduct a
performance review of this Agreement. The information used in assessing Contractor's
performance may include the Information submitted by Contractor and any other
infonnation deemed pertinent by City.
9.1 This Agreement may be suspended or terminated by City to include, but riot limited to,,
lei
any of the followi*ng causes-, w I ni,i e under performance of this agreement.-
"fee I
1) Violation of any term and/or condition s, ecitiect in this Agreement
1)
2) Pertnitting a tow truck to be operated by anyone,while under the 'Influence of alcoh.ol,
and/or illegal drugs-,
3) Performing services under this Agreement while conisurning, or while under the
influence of drugs or alcohol-,
4)
Pe fitting a tow truck to be operated by anyone whose operator's license is
s
suspended-,
5) Transfem*ng or as,si ping any call for service to any other Contractor-
9 9
6) Any sustained complaint of theft by personnel of Contractor while acting in their
capaci
*ty as employees of Contractor',
7) Any sustained complaint of threats made by personnel of the Contractor while acting,
i their'Eeir capacity as employees of Contractor made against third parties during a
police initiated tow or otherwise;
8), Failing to comply with all directions of police personnel at the scene of a police
initiated tow, civilian employees at the Police Pound, or civilian employees
performing inspections or contract compliance duties,.
9) Failure to comply with any state or federal law or code or City ordinance related to
the operation of a wrecker Contractor;
l)Disobeying traffic control. devices (traffic lights, stop signs, etc.)e
l) Using any type of siren besides the backup warning signal-,
Agreement for Police Initiated Towing Service Page 14 of 22
12) Making any repairs or alterations to a vehicle obtained from a police initiated
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 making duplicate charges for the same
service or charge any fee in excess of those permitted under state law or this
Agreement,
15)Using profane or obscene language which offends a customer or any other person-,
16)�Being verbally or physically offens,ive, abusive, disrespectful or discourteous to
any customer, motorist, City employee or any other person;
17)Inappropriate touching any customer, motorist, City employee or any other
person; or
18)Operating any vehicle or other equipment in the performance of this Agreement in
a
careless, reckless, or negligent manner.
9.2 When it comes to the attention of the Chief of Police that grounds exist for the
revocation of a contract, license or permit issued under this Agreement, a,hearing may be
scheduled at the request of the Contractor through written notification to the Police
Department.
1) The Department may issue a notice to the Contractor of such hearing sent by
c, ffied mail, Ice.
e,rti 1 return receipt requested, or by personal serv*
2) A hearing notice shall be in writing and shall name the place, date and time of the
hearing. The notice shall also set forth a summary of the charges.
3) A hearing shall be scheduled for a date no later than fifteen ( ) days after the
notice is issued.
4) A designated Deputy Chief shall preside at the hearing as hearing officer.
5) At the conclusion of a hearing, the hearing officer shall make written findings of
fact and conclusions, without undue delay. The hearing officer shall further 'issue
written orders appropriate to their findings within thirty (30) days of conclusion of
r rt
the hearing.
Agreement for Police Initiated Towing Service Page 15 of;2
6) If grounds exist for the revocation of a license or permit, the hearing officer may
order such license or permit revoked or may order it suspended for a period not to
exceed six (61) months,
7) A copy of the findings, conclusions and order shall be delivered to the Contractor.
the hearing officer suspends or revokes a license or permit, they shall further
deliver to the Contractor written notice of the right to appeal.
10.
fNDEMLN1FlCAJ'J0N
10.1 General Indemnification.
With regard to any liability which might arise hereunder, City and Contractor agree
that they shall be solely and exclusively liable for the negligence of its own agents,, servants,
subcontractors, and employees and that neither party shall look to the other party to save or
hold it hanniess for the consequences, of any negligence on the part of one of its own agent,
servant,, subcontractor or employee. Nothing contained herein shall be coIns,trued to be a
waiver by City of any right of protection that 'it enj oys under applicable State or Federal law.
10.2 Environmental Indenuiffi cation.
CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE,
DEFEND, AND HOLD HARMLESS THE CITY OF FORT WORTH AND ALL
PARTICIPATING CITIES, THEIR OFFICERS, AGENTS AND EMPLOYEES
FROM AND AGAINST ANY AND ALL ENVIRONMENTAL RELEASES,
AND/OR DAMAGES AND THE VIOLATION OF ANY AND ALL
ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE HANDLING,
COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT,
RECOVERY, ANWOR REUSE, BY ANY PERSON, OF HAZARDOUS WASTE
WHEN SAID ENVIRONMENTAL DAMAGES OR THE VIOLATION OF' SAID
ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF ANY ACT OR
OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
SUBTRACTORS, OR THE JOINI III ACT OR OMISSION O
CON F
CONTRACTOR, ITS; OFFICERS, AGENTS, EMPLOYEES, OR
SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY.
11.
WARRANTY
11. 1 Contractor warrants that it understands the currently known hazards and suspected
hazards which are presented to persons, property and the environment by hazardous waste.
Contractor further warrants that it and its officers') agents, employees, and subcontractors
Agreement for Police Initiated Towing Service Page 16 of 22
............................................
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 thl*s, Agreement. Approval by the City shall not constitute or be deemed to
be a release of the responsibility and liability of Contractor, or its officers, agents,
employees, or subcontractors, for the accuracy and competency of their services provided
under the Agreement.
11. 2 Environmental Damages means all claims, judgments, damages, losses, penalties,
fines, liabilities (including strict liability), encumbrances, liens costs, and expenses of
investigation and defense of any claim, whether or not such claim is ultimately defeated, and
of any good faith settlement of judgment, of whatever kind or nature, contingent or
otherwise, matured or unmatured, foreseeable or unfor,esecable including without limitation
reasonable attorney's,fees and.disbursements and consultant's fees, any of wNch are incurred
as a result of the handling, collection, transportation, storage, disposal, treatment, recovery,
and/or recycling of' haz ardour, waste pursuant to flu's Agreement,, or the existence of a
violation of environmental requirements pertaining to same, and including without
linuitatiom
a. Damages for personal iqjury and death,, or injury to property or natural resources;
b. Fees, incurred for the services of attorneys, consultants, contractors, experts,
laboratofies 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,
contairu,nent, closure, restoration or monitoring work required by any federal, state
or local govemmental agency or p�olitical 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
Agreement for Police initiated Towing Service Page 17 of 22
C. Liability to any third person or governmental agency to indemnify such person or.
0
agency for costs expended in connection with the items referenced In
"Environmental Requirements."
11.3 Environmental Requirements shall mean all applicable present and future statutes,'
regulations, rules, ordinances, codes, licenses,, permits, orders,, approvals, plans,
authorizations, concessions, francnises, and similar items, of all governmental agencies,
departments, commissions,: boards, bureaus,, or instrumentalities of the tJm*ted 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, invest i g,ation, and rein ediation of eml*ssi*onsl discharges,,
releases, or threatened releases of hazardous materials, pollutants, contaminants or
haz,ardour 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 ine,public.
12.
ASSIGNMENT
Contractor shall not assign, transfer or sublet this A' greement, or my portion hereof
to any party without the prior written consent of Oty that shall not be unreasonably
ithheld. Any such ass" I wi
w igment, transfer or subletting of tai Agreement thout the
consent of the City shall be void and shall operate as,a termination hereof.
13.
INDEPENDENT CONTRACTOR
It is understood and agreed by the parties hereto that Contractor shall perform all
work and services hereunder as an independent contractor, and not as an officer., agent,
servant or employee of the City. Contractor shall have exclusive control of and the
Agreement for Police Initiated,Towing Service Page 18 of 22
exclusive right to control the details of the work or service to be performed hereunder, and
all persons performing same on behalf of Contractor, and shall be solely responsible for-the
acts and omissions of its officers, agents, servants, employees, contractors, subcontractors,
licensees and invitee.s. The doctrine of respondeat superior shall not apply as between the
City and Contractor, its officers, agents,, servants,, employees, contractors and
subcontractors, and nothing herein shall be construed as creating a partnership or joint
vent-Lire between the parties hereto.,
14.
VENIJE
The parties to this Agreement agree and covenant that this Agreement will be
enforceable in rt Worth, Texas- and that if' legal action is necessary to enforce this
Fo�
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,, Fir-t Worth
Division.
15.
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 any other part of this
Agreement shall remain in full force and effect and shall in no way be affected, impaired
or invalidated
16.
APPLICABLE LAW
This Agreement is to be construed, governed and enforced under all applicable
Texas and.federal law and all City ordinances.
17.
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.
Agreement for Police initiated*rowing Service Page 19 of 22
............-,
,. ZA
The undersigned officers and/or agents, are properly authorized to execute tills
Agreement e half ofthe partles hereto and each t y hereby certifies to the 'Daher that
any 'necessary, r so r pt have been my passed and are
now l force and eff ct.
WITNESS IN EF the .rtes per
in
V t
Fort Worth Fa . t Court Texas his o f � 20 13
CITY OF FORT WORTH CONTRACTOR NAME
Char.les,W. Daniels Print Name
10%
Assistant City Manager President\Owner
Date /0, a Date- 2,I �13'
APPROVAL ,C
4A
Jeffrey Halstead
Chief of police
Dint
APPROVED AS TO FOR
AND LEGALITY
Jessica S S
Assistant Attorney
Ile
e
i y Se e
vu
Number.'
Date Approved: I'L')
City Ordinance-, Arti ers, ReGORD
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EXHIBIT 13
FW POLICE AUTO POUND OPERATIONS
The Following rules and procedures shall be o�bserve!d by Contractor upon arrival at
the Poffice Auto Pound.
I The Auto Pound entry gate shall, not be obstructed by Contractor waiting to enter the
Auto Pound Facility.
2. Contractor shall not enter the Auto Pound with more than one (1) person/operator
unless authorized by the City's on-duty shift supervisor.
3. For safety precautions, Contractor shall be required to off-load all Tilt Bed/Roll
Back cargo.
4. Auto Pound inventories shall be handled in an expeditious manner. Auto Pound
personnel shall conduct a complete inventory of all property and vehicles.
5. Contractor shall not ass i st Auto,Pound personnel with 'Inventory.
6. Contractor shall be required to follow directions and instructions,of Auto Pound
personnel.
7. Contractor shall assist and comply with any investigation performed by Auto Pound
personnel or the PAW Police Department in all, regards.
8. Violations of any of the above shall be reviewed by the Cityl s Senior Contract
Compliance Specialist or the Auto Pound Supervisor.
Agreement for Police initiated Towing Service Page 22 of 22
... ........................"" -
I
M&C Review Page I of'2
Official site of the City of Fort Worth,Texas
COF&Mi a FoRTWORTH
UUNC03L AGNENDA
COUNCIL ACTION: Approved on 9/24/2013
1. Jill
DATE,: 9/24/2013 REFERENCE **C-26465 LOG NAME: 35FY14POLICE
INITIATEDTOWING1
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT-.' Authorize Execution of'Agreements with Compliant Wrecker Companies for Police
Initiated Towing Services for the Police Department (ALL COUNCIL DISTRICTS)
RECOMMENDATION'
1t is recommended that the City Council authorize the execution of Agreements with compliant
wrecker companies for po:lic,e initiated towing sera is for the Police Department.
DISCUSSION'S.-
On September 18, 2012, (M&C C-25842) the City Council authorized extending contracts for one
year for police initiated towing services with several wrecker companies, all of which are located in
Fort Worth, to ensure an adequate, level of police initiated towing service throughout the City of Fort
Worth. On July 3, 2013, the City released a Request for Qualifications (RFQ) to provide police
initiated towing services for the Fort Worth Police Department.
Annual costs for Fiscal Year 2014 are estimated to be in the total amount of$1,600,000.00. For
Fiscal Year 2013, the estimated cost is in the amount of$1,382,304.00 for all contracts. These costs
are,offset, by fee revenue.
BID ADVERTISEMENT - This RFQ was advertised every Wednesday in the Fort Worth, ,Star-
TgLeg,ram from July 3, 2013 through August 7, 2013. F'ifty-two vendors were solicited from the
purchasing vendor database; twenty-riine proposals were receli'ved.
The proposals were reviewed by an evaluation committee that consisted of staff from the Polliice
Department. The committee ranked the qualifications based on the evaluation factors outlined in, the
RFQ, including current operations, prior experience, success in the towing industry, safety record,
compliance, claims and litigation, reputation, equipment and completion of the qualifications. The
committee selected 24 companies to enter into Agreements with for Fiscal Year 2014.
PRICING ANALYSIS - The annual estimated cost is 16 percent higher than pricing on the Fiscal Year
2013 Agreements. However, costs are offset by fee revenue.
MANBE Office -A waiver of the goal for MBE,/SBiE, subcontracting requirements was, requested by the
Police Department and approved by the Mi/WBE Office, in accordance with the BIDE Ordinance,
because the purchase of goods or services is from sources where subcontracting, or s,upipil,i�er
opportunities are negligible.
AGREEMENT TERMS - These Agreements will have a oinei-iyeari initial term beginning on October 1
2013 through September 30, 2014.
RENEWAL OPTIONS - These Agreements may be renewed for up to four successive one-year terms
at the City's option, This actions does not require specific City Council approval provided that the City
Council has appropriated sufficient,funds to satisfy the, City l's obligations during the renewal term.
FISCAL INF'O,RMAT.10,N/CIERT'IFICATIO.N.-N
The, Financial Management Services Director certifies,that funds wiill be available in the F'i'scal Year
2014 operating budget, as appropriated, of'the General Fund, in accordance with the budget
mhtm1:fi,1e://C.-\Documents and Settings\roldrigjaTocal, Settings\Temporary Internet Files\Cointent.Outloo... 10/9/20131
C Review Page 2 of 2
approved by the Fort Worth City Council on September 17, 2013.
T' ' Farr Account'C ,nfers FROM Fund/Account/Centers
GG ...46262.4 0 57201 $0.00 GGOI 53912 J 0357201 $0.00
Submitted for City_r angy er"s_Offices by: Charles Daniels 6 99
0 riq*f a Q�e rn Jeffrey W. Halstead (4210)
,-Ad-
Additional Information Contact: Aya Eel (4239)
ATTACHMENTS
,nh m ff / .�"D cuments and Sett ngs r .r a T c l Setfings\Te p rary Internet Files\Content,Out .., 10/9/2013