HomeMy WebLinkAboutContract 44896-A1A1 C.rrY f'7f'l?7A,Ry, 1
00141 I ACT NO.
RECEIVED
CITY OF FORT WORTH AMENDMENT NO. 1 TO RESTATED CITY OF FORT WORTH CONTRACT
CITYSECREfARY 44896 AGREEMENT FOR StANDARP AND HEAVY DUTY POLICE-INITIATED
AND POLIPE-PU ?SE TOWING SERVICES
The City of Fort Worth, heal` through.its
referred to as "City,"acting herein by and througits
duly authorized Assistant City I Manager, and THOMAS WRECKER SERVICE, INC.,
hereinafter referred to as "Contractor," acting herein by and through JD Thomas, CEO, its duly
authorized representative. City and Contractor shall be referred to individually as "party" and
collectively as"partied-"
WHEREAS,the City of Fart 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.44896,which was executed on September 30,2013;and
WHEREAS,the original tern of the contract expired on September 30, 2014; and
WHEREAS, the term of the contract1was renewed on an annual basis, as authorized:�by
the Fort Worth City Council;and
WHEREAS, the contract was amenliod
on September 28, 2016, to reflect equipment
requirement changes desired by both parties;and
WHEREAS, on December 29, 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 44896 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 ofsthe
citizens of Fort Worth and to amend the termination provision during the extension to ensure
4compliance with applicable state laws.
RECEIVED
OCT 16 2018
CITY OF FORT WORTH
CITY SECRI-''
Pol"4nit&W or police-pub Tow
Pegs l of 6
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NOW, THEREFORE, City and Contractor, acting herein by and through their di y
authorized representatives, enter irl[to the follo*ing agreement to amend section 3 and section 0
of the previously amended and restated Contract 44896:
1.
AMENDEMENTS
The following sections shoo be amendod in their entirety to read as follows:
3. ;
TERM 1
The initial term of this Agreement shall begin on October 1, 2013, and expire `n
September 30, 2014 ("Initial Term"). In adotion to the Initial Term of this Agreement, at
{
City's option, there shall be four options to renew for terms of one year each, unless owl er
terminated as hereinafter provided. Renewal 4hhall occur upon City including in its budget for
option years sufficient funds to pay for its bbligations hereunder. The term shall hereby
extended for an additional sixty-one days, subject to section 10 below, to end no later
- + I
November 30,2018.
10.
SUSPENSION AND TERMINATION
10.1 During The Extended Period (10/i/18-11-N-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 �o 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 Contras or prior to the written notice of termination being
provided by City.
10.2 During the remainder of the c"t renewal period(ending 9/30/18):All work
performed by Contractor hereunder shall be p�formed 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 tt the City,termination, in whole or in part,will lie
Police-inidatd or policolurpose Tow
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made by the City based upon recons mendatior►s from the Police Department. Termination, in
whole or in part, should Contractors work be 4eemed unsatisfactory, based upon
recommendations will be made by the Chief of their designee. At any time the Citymay
conduct a performance review of this Agreement.The information used in assessing Conttactofs
performance may include the information submitted by Contractor and any other information
deemed pertinent by City.
10.2.1 This Agreement maybe su"nded or terminated by City to include, but not limited to, any
of the following causes: while uncle#performance of this agreement:
1) Violation of any term and/o>y condition specified in this Agreement;
2) Permitting a tow truck to bei operated by anyone while under the influence of alcohol and/or
illegal drugs;
3) Performing services under his AgreenWnt while consuming, or while under the influence
of drugs or alcohol;
4) Permitting a tow truck to be roperated by anyone whose operator's license is suspended;
5) Transferring or assigning any call for se7viee to any other Contractor,
6) Any sustained complaint of!theft by per nnel of Contractor while acting in their capacity as
employees of Contractor;
7) Any sustained complaint of Oueeats mads 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 an} state or federal law or code or City ordinance related to the
operation of a wrecker Connor,
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 polico-
purpose tow;
13)Towing any vehicle which is oecupiedby any person, except as specifically directed by.a
police officer;
Polic"itieted 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 soy other person;
17)Inappropriate touching any customer,motorist,City employee or any other person; or
18)Operating any vehicle or otter equipment in the performance of this Agreement in a
careless,reckless,or negligent manner.
10.2.2 When it comes to the attentjon of the Chief of Police that grounds exist for the revocatirt
of a contract, license or permit issued under this Agreement,a hearing may be scheduled at thej
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request of the Contractor through written notification to the Police Department.
1) The Department may issuela notice to the Contractor of such hearing sent by certified
mail,return receipt requested,c' by personal service.
2) A hearing notice shall be in writing an4 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.
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5) At the conclusion of a hearing,the hearing officer shall make written findings of fact
conclusions without undue delay. The hearing officer shall further issue written orders
appropriate to their findings within thii y(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 revo*or mayiorder 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 t�appeal.
8) Any appeal that is started�ior to Se ftennber 30, 2018, shall be immediately terminajed
as of October 1, 2018, and termination provision under section 10.1 shall control.
Police-initiated or polio&purpose Tow
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II.
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##n
original and all of which shall constitute one and the same instrument. A facsimile copy
computer image, such as a PDF or tiff image,or a signature, shall be treated as and shall have c
same effect as an original.
[REMAINDER OF THIS PAGE IS INTENIONALLY LEFT BLANK]
[SIGNATURE PAGE FOLLOWS]
Police4itWW or pcdice-purpose Tow
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IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort
Worth, Tarrant County, Texas, this, ',-&, ` day of 20 .
CITY OF FORT WORTH THOMAS WRE R SERVICE, INC.
Jesus Cham J mas
Assistant 'ty Manager C7E0 � � >
Date: 6 ?
APPROV C MM ED:
By:
khiefroe] F. Fitzgerald
Chief of Police
APPROVED AS TO RM AND LEGALATY:
--;5—_41--_— I
By:
n
sistant City Attorney
ATTEST• ®�•Ft?RT�O
�-A
By:
ary J. v e
City Secretary
Date: 7EXp,5
Form 1295 Certification No:NOT:REOIJ�
This agreement does not require Qty Council approval
Contract Compliance Manager: '
By signing,I acknowledge that I the person
responsible for the monitoring and administration
of this contract,including ensuring all
performance and reporting requirements.
Kim erley D
Police-initiated or police-purpose Tow
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