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HomeMy WebLinkAboutContract 44971-A2 CITY SECRETARY CONTRACT NO. 41q71-42 % , MENDMENT NO. 2 AND RESTATEMENT OF CITY OF FORT WORTH CONTRACT 44971 AGREEMENT FOR STANDARD AND HEAVY DUTY POLICE- INITIATED AND POLICE-PURPOSE TOWING SERVICES The City of Fort Worth, hereinafter referred to as "City," acting herein by and through its duly authorized Assistant City Manager, and TOW OP, INC. DBA BUDDY'S TOWING, hereinafter referred to as "Contractor," acting herein by and through Jessie Small, Owner, its duly authorized representative. City and Contractor shall be referred to individually as "party" and collectively as "parties." WHEREAS,the City of Fort Worth occasionally requires the services of tow trucks; and WHEREAS, such wrecker services are necessary to protect the safety of the citizens of the City of Fort Worth; and WHEREAS, the parties have previously entered into City of Fort Worth City Secretary Contract No. 44971,which was executed on October 10,2013; and WHEREAS,the original term of the contract expired on September 30, 2014; and WHEREAS, the term of the contract was renewed on an annual basis, as authorized the Fort Worth City Council; and WHEREAS, the contract was amended on November 2, 2016, to reflect equipment requirement changes desired by both parties; and WHEREAS, because of changes in storage availability and other operational procedures since the time of the original contract, the City and Contractor now wish to further amend the contract to update the current operations and responsibilities of both parties. NOW, THEREFORE, City and Contractor, acting herein by and through their duly authorized representatives, enter into the following agreement to amend and restate Contract No. 44971 in its entirety: 1. DEFINITIONS Police-initiated tow service shall include all tows initiated pursuant to this agreement that are requested by a City police officer for the purpose of removal of an abadndoned, disabled,junked, OFFICIAL RECORD Police-initiated or police-purpose Tow CITY SECRETARY Page 1 of 24 FT.WORTH,TX or wrecked vehicle from a public roadway that is to be taken to a vehicle storage facility other than the City autopound. Police-purpose tow service shall include all tows inititated pursuant to this agreement that are requested by a City police officer for the purpose of the removal of a vehicle and placement at the City autopound for a law enforcement purpose. 2. SERVICES City hereby contracts with Contractor to provide police-initiated tow services and police- purpose tow services. City, through its Police Department, shall dispatch Contractor from a 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. 3. TERM The initial term of this Agreement shall begin on October 1, 2013, and expire on September 30, 2014 ("Initial Term"). In addition to the Initial Term of this Agreement, at the City's option, 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. 4. COMPENSATION 4.1 As compensation for providing the services contemplated by this Agreement, Contractor shall be entitled to receive payment as listed for light duty and medium duty tows. City agrees to pay Contractor the fees below for police-purpose light and medium duty tows in accordance with this agreement, and the owner of the vehicle shall be responsible for payment to Contractor for police-inititated light and medium duty tows in accordance with this agreement.: 1) Towage. For both light duty tows and medium duty tows, a charge of one hundred fifty dollars ($150.00) for towing such vehicle from one point on a street to another location Police-initiated or police-purpose Tow Page 2 of 24 within the corporate limits of the City as directed by the police officer at the place where the tow originated; 2) Second tow truck. In the event the tow truck driver at the scene determines that a second tow truck is required, a charge of one hundred fifty dollars ($150.00) per hour, with a minimum charge of 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) Additional Charges. An additional charge shall only be allowed when authorized by a police officer at the scene of the tow. An additional charge shall exclude travel time and waiting time. 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 condition such as, 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 be made from the time the operator begins to remove the vehicle until it is on the traveled portion of the street. 4) Use of a dolly. No additional fee shall be charged for the use of a dolly on a Standard Wrecker tow. 4.2 Contractor shall be entitled to receive payment as listed below for heavy duty tows. City agrees to pay Contractor the fees below for police-purpose heavy duty tows in accordance with this agreement, and the owner of the vehicle shall be responsible for payment to Contractor for police-inititated tows in accordance with this agreement.:: 1) Towage. A charge of two-hundred fifty dollars ($250.00) 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 a City police officer at the place where the tow originated. The minimum charge shall be for two hours; after the second hour,time shall be billed for in increments of fifteen(15)minutes, at a charge of$62.50 per increment. 2) Second Heavy Duty Towage. 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 fifty dollars ($250.00) per hour billed in increments of fifteen (15) minutes while at the scene of the police-initiated or police-purpose tow, with a minimum charge for two hours, 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. Police-initiated or police-purpose Tow Page 3 of 24 3) Reimbursable. In the event Contractor is required to rent equipment or other materials specifically related to a police-initiated or police-purpose 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 help. An additional charge of twenty dollars ($20.00) per employee per hour, with a minimum charge of four (4) hours or $80.00, when authorized in writing by a police supervisor at the scene of the 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 tow is required for the reimbursement for the use of air cushions. 6) Tractor, hydraulic tilt tail, lowboy, and other specialized equipment. A charge of three hundred fifty dollars ($350.00) per hour, two hour minimum, with subsequent increments being charged as $87.50 per 15 minute increment, if prior written approval of a police supervisor is obtained at the scene of the tow. The police supervisor shall sign the wrecker selection form when a tractor, hydraulic tilt tail, lowboy or other specialized equipment is used. Should a Rotator Wrecker be required and approved by the Police Officer on the scene, a charge of five hundred dollars ($500.00) per hour, two hour minimum, with subsequent 15 minute increments being charged as $125.00 per increment, with prior written approval from the Police supervisor on the scene. 4.3 Rotation Tows. Contractor shall generally not exceed the fee structure for police- initiated or police-purpose 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. However, the City acknowledges that, if a vehicle owner requests a vehicle Police-initiated or police-purpose Tow Page 4 of 24 be towed outside of the corporate limits of the City, an additional mileage fee may appk. but responsibility for such payment shall not lie with the City. No mileage charge shall apply as a result of a vehicle being taken to Contractor's facility, regardless of whether such facility is located within or outside the corporate limits of the City. 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. 4.4 Invoicing and Payment. Contractor shall invoice City once per month, no later than the fifth working day of the month following police-purpose tow 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 or police-purpose tow and/or 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. 5. VEHICLE AND EQUIPMENT REQUIREMENTS Contractor shall provide all vehicles and equipment necessary to perform Police—Initiated and Police-Purpose 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. 5.1 Vehicles. a) Contractor must maintain a minimum of four(4)wreckers to include a minimum of three (3) tilt bed/roll back/flat bed dual rear wheel wreckers and a minimum of one (1) other vehicles at the discretion of the Contractor that meet the minimum TDLR requirements. (1)Standard 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 10,000 pounds gross vehicle weight, dual rear wheels, equipped with a hydraulic Police-initiated or police-purpose Tow Page 5 of 24 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 three( 3) tilt bed/roll back dual rear wheel wreckers rated at not less than 14,000 pounds gross vehicle weight. r , ft capacity bV (3)Each wrecker shall have and maintain current identifying markings required by the Texas Transportation Code, Section 642.002, 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-way emergency flashing 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; (d)A warning alarm, clearly audible above the surrounding noise in the vicinity and designed to sound when the tow vehicle is shifted into reverse to signify that the vehicle is backing up; (e)Dual 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 recommended number of lug nuts; and (f) 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 50,000 pounds and under lift capacity lift capacity of 50,000 pounds. 5.2 Equipment. In addition, Contractor shall ensure that Contractor's vehicles are equipped with the following equipment,which at all times shall be maintained in working order to meet the following minimum criteria: Police-initiated or police-purpose Tow Page 6 of 24 In addition, Contractor shall ensure that Contractor's vehicles are equipped with the folfon�inn equipment,which at all times shall be maintained in working order to meet the following minimum criteria: 1) Tow 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 reflectors or traffic cones; 10) Trash container; 11) Backing warning signal; 12) Wheel chocks; 13) Dollies (Standard Tow Truck Only); 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. 5.3 Inspection. 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 form and revised as deemed necessary by the Chief of Police's designated staff. 6. INSURANCE REQUIREMENTS Police-initiated or police-purpose Tow Page 7 of 24 Contractor shall maintain insurance from insurers acceptable to City of the following types and amounts: 6.1 Commercial General Liability $500,000 each occurrence $500,000 aggregate Or Garage Liability $500,000 each accident,other than auto $500,000 aggregate 6.2 Automobile Liability $1,000,000 each accident,combined single limit This coverage shall include all vehicles owned or non-owned that are operating under Contractor's operating authority performing services under this Agreement. 6.3 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. 6.4 Garagekeeper's Liability $30,000 per unit 6.5 Worker's Compensation/Accident Insurance Coverage shall meet the minimum requirements of state law, as con- tained in the Motor Carrier Rules and Regulations. 6.6 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, 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. Police-initiated or police-purpose Tow Page 8 of 24 2) Certificates of insurance shall be delivered to the Program Support Division, 505 W. Felix Street, Fort Worth, Texas 75115, 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 (30) 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. 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 policy(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 payment of insurance premium costs. 10)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. 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 required herein. 13)Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these Agreement documents. 6.7 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 Police-initiated or police-purpose Tow Page 9 of 24 federal law,rule or regulation shall prevail for the respective type of insurance coverage and/or limit thereof 7. DIVISIONS AND ROTATION LIST 7.1 City,at its sole discretion, shall assign Contractor to its designated zone. 7.2 City shall create a rotation list within each of the five(5)divisions that will dictate the order in which wrecker companies are contacted. 7.3 City may request Contractor to conduct a police-initiated or police-purpose tow 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. 8. DUTIES AND RESPONSIBILITIES OF CONTRACTOR City hereby grants to Contractor the right to provide police-initiated or police-purpose 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 specifically 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 or police-purpose Towing Services in the Divisions is at the direction of City and is initiated 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. 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 following duties and have the following responsibilities: 8.1 Records and Information. The Contractor shall maintain on file with the City its name of the owner, president or chief executive officer, business address, and telephone number; further, Contractor shall notify the City of any change of ownership, president or chief executive officer, change of address or corporate Police-initiated or police-purpose Tow Page 10 of 24 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 or police-purpose 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. 8.2 Response 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 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 conditions. In the event Contractor fails to respond as required, City may notify another wrecker Contractor and Contractor shall not be entitled to the compensation to which it would have been entitled had it arrived within the 30 minute time limit. 8.2.1 Response Time 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 term `Company Disregard' shall mean those times when the company accepts the dispatch, but fails 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 (30) 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. Police-initiated or police-purpose Tow Page I I of 24 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. 8.3 Location of the Towed Vehicle. _1< Contractor shall deliver the vehicle being towed to the City Auto Pound, located within the corporate limits of City, designated by the police officer at the scene of the police-purpose tow. Delivery shall be made without delay or detour. Contractor must: a.) Comply with the Auto Pound processing requirement listed in Exhibit B to this Agreement; b.)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 c.)Fully cooperate with any investigation conducted by the City regarding complaints against Contractor,whether or not such complaints arise out of services contemplated by this Agreement. 2) Contractor shall deliver the vehicle being towed to the licensed vehicle storage facility located within the corporate limits of City designated by the police officer at the scene of the police-inititated tow. Delivery shall be made without delay or detour. Contractor must: a.) Comply with all state, federal, and city laws and ordinances; b.)Provide the vehicle storage facility personnel with a signed Police Department Wrecker Selection form at the time the vehicle is delivered to the facility; and c.) Fully cooperate with any investigation conducted by the City regarding complaints against Contractor,whether or not such complaints arise out of services contemplated by this Agreement. 8.4 City Taxes. Contractor shall not become delinquent in the payment of any taxes due to City or any governing body or agency. 8.5 Soliciting. Contractor shall not go to any accident scene unless the Contractor has been called to the scene bN the owner or operator of a vehicle or an authorized representative of same, or by the City. Police-initiated or police-purpose Tow Page 12 of 24 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. 8.6 Debris Removal and Fluid Clean Un. Contractor shall completely remove all debris,except known hazardous material,resulting from any accident to which the Contractor is responding. Removal of 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 Environmental Quality, Spill Prevention and Control). 8.7 Employ 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 qualified 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 conceming Drug Testing requirements set by Texas Department of Licensing and Regulation (TDLR), Texas Administrative Code, Title 16, Part 4, Chapter 86, Rule Section 86.710. Contractor's employees will comply with all traffic laws when operating vehicles. 8.8 Meeting Requirements Contractor shall attend City meetings as requested. 8.9 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. 9. VEHICLE STORAGE FACILITY INSPECTIONS 9.1 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 Police-initiated or police-purpose Tow Page 13 of 24 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. 9.2 Contractor's Towing Operations. 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 (365) 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. 9.3 Police Initiated Site Inspections. 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. 10. 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 as provided herein. Should contractor's work be deemed unsatisfactory to the City,termination, in whole or in part, will be made by the City based upon recommendations from the Police Department. Termination, in 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 information deemed pertinent by City. 10.1 This Agreement maybe suspended or terminated by City to include,but not limited to, any of the following causes:while under performance of this agreement: 1) Violation of any term and/or condition specified in this Agreement; 2) Permitting a tow truck to be operated by anyone while under the influence of alcohol and/or illegal drugs; Police-initiated or police-purpose Tow Page 14 of 24 3) Performing services under this Agreement while consuming, or while under the influence of drugs or alcohol; 4) Permitting a tow truck to be operated by anyone whose operator's license is suspended; 5) Transferring or assigning any call for service to any other Contractor:. 6) Any sustained complaint of theft by personnel of Contractor while acting in their capacity as employees of Contractor; 7) Any sustained complaint of threats made by personnel of the Contractor while acting in their capacity as employees of Contractor made against third parties during a police-initiated or police-purpose tow or otherwise; 8) Failing to comply with all directions of police personnel at the scene of a police-initiated or police-purpose 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; 10)Disobeying traffic control devices(traffic lights, stop signs,etc.); 11) Using any type of siren besides the backup warning signal; 12) Making any repairs or alterations to a vehicle obtained from a police- initiated or police- purpose tow; 13)Towing any vehicle which is occupied by any person, except as specifically directed by a police officer; 14)Charging for services not performed or 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 offensive, 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. 10.2 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. Police-initiated or police-purpose Tow Page 15 of 24 1) The Department may issue a notice to the Contractor of such hearing sent by certified mail, return receipt requested, or by personal service. 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 (15)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 the hearing. 6) If grounds exist for the revocation of a license or pen-nit,the hearing officer may order such license or permit revoked or may order it suspended for a period not to exceed six (6)months. 7) A copy of the findings, conclusions and order shall be delivered to the Contractor. If the hearing officer suspends or revokes a license or permit,they shall further deliver to the Contractor written notice of the right to appeal. Il. INDEMNIFICATION 11.1 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 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. 11.2 Environmental Indemnification. 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 Police-initiated or police-purpose Tow Page 16 of 24 FROM THE HANDLING, COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR 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 SUBCONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY. This Section 11 shall survive the expiration or termination of this Agreement. 12. WARRANTY 12. 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 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 Contractor,or its officers,agents,employees,or subcontractors,for the accuracy and competency of their services provided under the Agreement. 12. 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 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 swine. and including without limitation: 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 Police-initiated or police-purpose Tow Page 17 of 24 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." 12.3 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 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. 13. ASSIGNMENT Contractor 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 Police-initiated or police-purpose Tow Page 18 of 24 assignment, transfer or subletting of this Agreement without the consent of the City shall be void and shall operate as a termination hereof. 14. 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 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 invitees. 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 venture between the parties hereto. 15. 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. 16. 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. 17. APPLICABLE LAW This Agreement is to be construed, governed and enforced under all applicable Texas and federal law and all City ordinances. Police-initiated or police-purpose Tow Page 19 of 24 18. 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. 19. 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. [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE FOLLOWS] Police-initiated or police-purpose Tow Page 20 of 24 IN WITNESS WHF,REOF, the parties hereto have executed this agreement in multiples in Fort Worth,Tarrant County,Texas,this Q. aay of 20 d CITY OF FORT WORTH TOW OP, INC. DBA BUDDY'S TOWING Valerie Washington J �ieSmVll Assistant ity 1V�anager Owner Date: (R Date: APPRO L RECOMMENDED: By: al ChieNbel F. Fitzgerald Chief of Police Date: U- VU1 APPROVED AS TO FORM AND LEGALITY: By: Ann a Assistant City Attorney Date: � � �b CONTRACT AUTHORIZATION: M&C OR 7 .. ATTEST: By: ?_ Wry J. VaCitySecy j�AS Date: 4�� M�- Form 1295 Certification No: NOT REQUIRED OFFICIAL RECORD CITY SECRETARY Police-initiated or police-purpose Tow Page 21 of 24 FT.WORTH,TX This agreement does not require City Council approval Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. TUof Employee Z20'4ac M Title Police-initiated or police-purpose Tow Page 22 of 24 EXHIBIT A Map of Divisions ,NW £ ' 1 L1..a C I i.; Police-initiated or police-purpose Tow Page 23 of 24 r EXHIBIT B FW POLICE AUTO POUND OPERATIONS The following rules and procedures shall be observed by Contractor upon arrival at the Police Auto Pound. 1. 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 assist 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 FW Police Department in all regards. 8. Violations of any of the above shall be reviewed by the City's Senior Contract Compliance Specialist or the Auto Pound Supervisor. Police-initiated or police-purpose Tow Page 24 of 24