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HomeMy WebLinkAboutContract 44970-A1A1 CITY SECRETARY RECEIVED CONTRACT NO. qi- C1TyQ1-LqRTK"0RTff 111ySECRETARY A1VIENDMENT NO. 1 TO RESTATED CITY OF FORT WORTH CONTRACT 44970 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 WESTERN RECOVERY, 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. 44970,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 by 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, on February 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 44970 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. OFl�li t�v Ck 34aggFp, i�ated or police-purpose Tow - - 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 44970: 1. AMENDEMENTS The following sections shall be amended in their entirety to read as follows: i 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 6i ty'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 (10/1/18-11-2' -18): City shall have the right to immediately terminate this Agreement for any reason whatsoever without any penalty or cost to �he 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 F 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 l contractor's work be deemed unsatisfactory to the City, termination, in whole or in part, will be �'olice-initiated or police-purpose Tow page 2 of 6 r ade by the City based upon recommendations from the Police Department. Termination, in hole or in part, should Contractor's work be deemed unsatisfactory,based upon ecommendations will be made by the Chief or their designee. At any time the City may onduct a performance review of this Agreement. The information used in assessing Contractor's erformance may include the information submitted by Contractor and any other information eemed pertinent by City. 0.2.1 This Agreement may be suspended or terminated by City to include,but not limited to, any f 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 peoonnel 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; S) 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; olice-initiated or police-purpose Tow Page 3 of 6 r 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. 0.2.2 When it comes to the attention of the Chief of Police that grounds exist for the revocation f a contract, license or permit issued under this Agreement,a hearing may be scheduled at the quest 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 for 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. P Aice-initiated or police-purpose Tow e4of6 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 an riginal and all of which shall constitute one and the same instrument. A facsimile copy or omputer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the ame effect as an original. [REMAINDER OF THIS PAGE IS INT.PNIONALLY LEFT BLANK] [SIGNATURE PAGE FOLLOWS] P lice-initiated or police-purpose Tow P ige5of6 IN WITNESS WHEREOF, the parties hereto have executedthisagreement in multiples in Fort Worth,Tarrant County, Texas,this a�� day of ( '—'20 ITY OF FORT WORTH TOW OP,INC.DBA WESTERN RECOVERY Jesus Chapa Jess' mall ssistant C'ty na er Owner Date: Date: `'— 7-1 PPROVC M ED: Ely: ffYef Joe . Fitzgerald Chief of Police 1rPROVED TO-'ORM AND LEGALITY: y. J Pate ssistant City Attorney TTES ...OR. y `�• I•lO� a J. K4Ai V _ City Secretary 'k ate: O I 1 1 �XAS Form 1295 Certification No: NOT REOUIRED Ibis agreement does not require City Council approval Contract Compliance Manager: y signing, I acknowledge that I am the person responsible for the monitoring and administration cf this contract, including ensuring all jerformance and reporting requirements. *merley es owing Liaison y r , r P Tice-initiated or police-purpose Tow P ge6of6