HomeMy WebLinkAboutContract 44890-A1A1 1 241
C��ar S� �pQR`E ;AMENDMENT NO. 1 TO RESTATED CITY OF FORT WORTH CONTRACT
44890 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 B&T BEST TOW, LLC DBA MILNER
WRECKER, hereinafter referred to as "Contractor," acting herein by and through Gary
Dennington, 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. 44890, which was executed on September 30, 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 October 26, 2016, to reflect equipment
requirement changes desired by both parties; and
WHEREAS, on December 21, 2017, 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 44890 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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Page 1 of 6 ,
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 44890:
1,
AMENDEMENTS
The following sections shall be amended in their entirety to read as follows:
J.
TE'RIVI
The initial term of this Agreement shall begin on October 1. 2013. and expire on
September 30, ?014 ("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.
St ISPF:NSION AND TERMINI 'IJON'
10.1 During The Extended Period (10/1/18-11- -18): City shall have the right to
immediately terminate this Agreement for any reason whatsoever without any penalty or cost to
the City. to the event the C itv terminates this aereement before Novernber 30. 2018. the C itN
shall notifN 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 «ritten 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. '['he
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
Police-mutated or police-purpose Iou
Pay: u(h
made bN 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 desi,_,nee. .At anv time the Cite maN
conduct a performance review ofthis Agreement. The information used in assessing Contractor's
performance may include the information submitted by Contractor and any other information
deemed pertinent by Cite.
10.2.1 This Agreement may be suspended or terminated by City to include, but not limited to, an,,
of the following causes: while under peribmiance of this agreement:
I) Violation of any term and/or condition specified in this Agreement:
Pcrmitting a tow ti to be operated by anyone while under the influence ofalcohol and`or
illcual dru,_,s:
3) Performing services under this At,reement while consuming, or while under the influence
of drugs or alcohol:
4) Pennittin�,a tow truck to be operated by anyone whose operator's license is suspended:
5) Transferring or assigning any call for sei-vice 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 toy\. civilian employees at the Police Pound. or civilian employees
pertorming inspections or contract compliance duties:
9) Failure to comply with any state or federal law or code or Cite ordinance related to the
operation of a wrecker Contractor:
10)Disobeying traffic control devices (traffic lights, stop signs, etc.):
1 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:
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14)Char`g,ing for services not performed or makin�t) duplicate charges for the same service or
chart-,e anv fee in excess of those permitted under state law or this Agreement:
1 5)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 crnployce or any other person:
17)Inappropriate touching anv customer, motorist. Cit\ 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 .A(_,reement. a hearing ma\ be scheduled at the
request ofthe Contractor through written notification to the Police Department.
1) The Department ma\ issue a notice to the Contractor of such hearim—sent by certified
mail, return receipt requested. or by personal service.
2) r1 hearin�� notice shall be in writing and shall name the place, date and time ofthe
hearini,. The notice shall also set forth a summar\ oftlhe char,—,es.
�) A hearing shall be scheduled for a date no later than fifteen (15) days after the notice is
issued.
4) A designated Deputy Chiefshall preside at the hearing, as hearing officer.
5) .At the conclusion of a hearing, the hearing officer shall make written findings of tact and
conclusions without undue delay. The hearing officer shall further issue written orders
appropriate to their findings within thirty (30) days ofconclusion ofthe hearing.
6) If urounds exist for the revocation of a license or permit. the hearing officer mai order
such license or permit revoked or ma} order it suspended for a period not to exceed six
(6) months.
7) A copy ofthe findings, conclusions and order shall be delivered to the Contractor. Ifthe
hearing officer suspends or revokes a license or permit, they shall further deliver to the
Contractor written notice ofthe right to appeal.
8) An% appeal that is started prior to September 30. ?018. shall be immediately terminated
as of October 1. ?018. and the termination provision under section 10.1 shall control.
11.
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ALL OTHER TERMS SHALL REMAIN I'I IE SAME
All other provisions of the Contract which are not expressl} amended herein shall remain
in gull force and effect.
Ill.
ELECTRONIC SIGNAIIRE
This Amendment ma, 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 cope 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.
(REMAINDER 01= THIS PAGE IS INTI NIONALLY LEFT BLANK]
[SIGNATURE PAGE: FOLLOWS]
Putin-mvnatN
or pohcc-purpose Io%%
Pii�l'�ut t
ITS WITNESS WHERE-101'. the parties hereto have executed this agreement in multiples in Fort
1\'orth. Farrant Count. Texas, this dad ol'1,� 20•'x. .
CH 1' Of- FOIZ I' WORTI I B&T BEST TO1\. LLC DBA %ill-SER WRECKER
Jesus C•hapa Gatti Dennington
Assistant C' \ Manager President
Date: Y Date:
APPROVAL ON Eh D:
Bv: _
Chief Joe . Fitr erald
Chief of Police
APPROVED AS FORM AND LEGALITY:
By:
nn te,
Assistant City Attorney
ATTEST: �QR���..�
By:
M Iry i. K F_d
City Secretary
Date: TEXNg
Form 1295 Certification No: NOT REQUIRED
This agreement does not require Cite Council approval
Contract Compliance Manager:
By signing. I ackno�Oedue that I am the person
responsible for the monitoring and administration
ofthis contract, including ensuf'Ing, all
performance and reporting requirements.
Ki berley D s
Towinu Liaison
Pornce-iwnatia or poLcc-purro.r I o%k I
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