HomeMy WebLinkAboutContract 44929-A1A1 CITYSECRETARY
CONTRACT NO. ��a:q �l A�
AMENDMENT NO. 1 TO RESTATED CITY OF FORT WORTH CONTRACT
44929 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 AVE TOWING, LLC DBA ABC WRECKER
SERVICE, hereinafter referred to as "Contractor," acting herein by and through Brian Rawlins.
President, 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. 44929, which was executed on October 4, 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 by
the Fort Worth City Council; and
WHEREAS, the contract was amended on November 8, 2016, to reflect equipment
requirement changes desired by both parties; and
WHEREAS, on January 27, 2018, the contract was previously amended and restated to
update the current operations and responsibilities of both parties; and
WHEREAS, the contract has no additional renewals remaining but continued services are
needed while the City's procurement for tow-related services is completed; and
WHEREAS, both Parties now wish to amend restated Contract 44929 to extend the term
for an additional sixty-one days to allow for the continued provision of these vital services to
protect the public's safety, decrease hazards on roadways, and ensure that the welfare of the
citizens of Fort Worth and to amend the termination provision during the extension to ensure
compliance with applicable state laws.
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NOW, THEREFORE, City and Contractor, acting herein by and through their duly
authorized representatives, enter into the following agreement to amend section 3 and section 10
of the previously amended and restated Contract 44929:
I.
AMENDEMENTS
The following sections shall be amended in their entirety to read as follows:
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. The term shall hereby be
extended for an additional sixty-one days, subject to section 10 below, to end no later than
November 30, 2018.
10.
SUSPENSION AND TERMINATION
10.1 During The Extended Period (10/1/18-11-29-18): City shall have the right to
immediately terminate this Agreement for any reason whatsoever without any penalty or cost to
the City. In the event the City terminates this agreement before November 30, 2018, the City
shall notify the Contractor in writing within one business day and shall not dispatch the
Contractor on any additional tows pursuant to this Contract. City shall pay contractor within
thirty (30) days of receiving a correct and accurate invoice from Contractor for any Police-
purpose tows that are completed by Contractor prior to the written notice of termination being
provided by City.
10.2 During the remainder of the current renewal period(ending 9/30/18): 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
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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.
10.2.1 This Agreement may be 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;
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.);
l 1) 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;
Police-initiated or police-purpose Tow
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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.
10.2.2 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 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 permit, 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.
8) Any appeal that is started prior to September 30, 2018, shall be immediately terminated
as of October 1, 2018, and the termination provision under section 10.1 shall control.
II.
Police-initiated or police-purpose Tow
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ALL OTHER TERMS SHALL REMAIN THE SAME
All other provisions of the Contract which are not expressly amended herein shall remain
in full force and effect.
III.
ELECTRONIC SIGNATURE
This Amendment may be executed in multiple counterparts, each of which shall be an
original and all of which shall constitute one and the same instrument. A facsimile copy or
computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the
same effect as an original.
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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.
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Police-initiated or police-purpose Tow
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IN WITNESS WHEREOF, the parte r to have ex t d th's agreem in multiples in Fort
Worth,Tarrant County, Texas,this ay of , 2(�� .
CITY OF FORT WORTH AV WING, LLC DBA ABC WRECKER
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Jesu hapa
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Brignawlinj
Assistant City ag President
Date: Date:
APPROVAL RECO E ED:
By:
Chief Joel F. Fitzgerald
Chief of Police
APPROVED AS TO ORM AND LEGALITY:
By:
Jo I
n
A .ist lit it torney FOR'
ATTEST: O� O
By: A ;*
IWlary J. Kay
City Secretary
1FXP►5
Date:
Form 1295 Certification No: NOT REOUIRED
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.
aA-LID
Kim erly Dees
Towing Liaison
Police-initiated or police-purpose Tow EOFFICIALECORD
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