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HomeMy WebLinkAboutContract 35934-A1 CITY SECRETARY CONTRACT NO.,,35_'� r FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 35934 BETWEEN THE CITY OF FORT WORTH AND PHILLIP'S CARISMA AUTOMOTIVE GROUP LLC DBA WESTLOOP TOWING This Amendment is made between the City of Fort Worth("City"), a municipal corporation, acting herein by and through Charles W. Daniels, its duly authorized Assistant City Manager; and Phillip's Carisma Automotive Group LLC dba Westloop Towing ("Assignor"), acting herein through Martin Tapia, its duly authorized representative. WHEREAS, it is the collective desire of the parties to assign the Agreement to reflect Imperial Towing LLC dba Westloop Towing as the provider of towing services under the contract in lieu of Phillip's Carisma Automotive Group LLC dba Westloop Towing; and WHEREAS, City and Assignor entered into an Agreement currently on file in the Office of the City Secretary of the City and identified as City Secretary Contract No. 35934 for a period beginning October 1, 2007, and ending September 30, 2008, with subsequent optional renewals for four one-year periods; and WHEREAS, it is the collective desire of the parties to amend Section 2 "Term"to extend the Agreement for one additional year; and WHEREAS, clarity on the requirements for vehicle types mandated by the City would be beneficial to all parties involved. NOW THEREFORE,KNOWN ALL BY THESE PRESENT: City Secretary Contract No. 35934 is hereby amended by: 1. Deleting: NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City of Fort Worth, hereinafter referred to as "City", acting herein by and through Joe Paniagua, its duly authorized Assistant City Manager, and Phillip's Carisma Automotive Group LLC dba Westloop Towing, hereinafter referred to as "Company", acting herein by and through Mike Post, President, its duly authorized representative, agree as follows: 2. Inserting: NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City of Fort Worth, hereinafter referred to as "City," acting herein by and through Charles W. Daniels, its duly authorized Assistant City Manager, and Imperial Towing LLC, dba Westloop Towing, hereinafter referred to as "Company," acting herein by and through Martin Tapia, its duly authorized representatives, agree as follows: 3. Changing Section 2, entitled"Term"to read as follows. �� �AL RECORD The initial term of this Agreement shall begin on October 1, 2007 and expir e , Q 2008. In addition to the initial term of this Agreement, there shall be five o ti6�I o Eo,RYY terms of one year each, unless earlier terminated as hereinafter provided. R ne .00Mi> ( First Amendment to CSO Contract No.35934 Between CFW and PHILLIP'S CARISMA AUTOMOTIVE GROUP LLC DBA WESTLOOP TOWING, AND IMPERIAL TOWING LLC DBA WESTLOOP TOWING upon City including in its budget for the option years sufficient funds to pay for its obligations hereunder and Company providing proof of insurance each year to City within five (5) calendar days after expiration. 4. Changing Section 4, entitled"Vehicle and Equipment Requirements" by adding the following at the end of reference a): A minimum of two (2) vehicles are at the discretion of the company. All other terms, provisions, conditions, covenants and recitals of said City Secretary Contract No. 35934 not expressly amended herein shall remain in full force and effect. Signature Page to Follow 2 First Amendment to CSO Contract No.35934 Between CFW and PHILLIP'S CARISMA AUTOMOTIVE GROUP LLC DBA WESTLOOP TOWING, AND IMPERIAL TOWING LLC DBA WESTLOOP TOWING CITY OF FORT WORTH IMPERIAL TOWING LLC DBA WESTLOOP TOWING C arles W. Daniels Martin Tapia Assl. __nt City Manager Owner Jeffrey W. H stead Chief of Police PHILLIPS CARISMA AUTOMOTIVE GROUP LLC DBA WESTLOOP TOWING Date: d�• /�. APPROVED AS TO FORM Martin Tapia AND GALIT Representative Jessi4 Sqnasvanfz Assist___ City Attorney ATTEST: foil ICY I�ity Secret o o oZd Authorization: a'f °0- it � CSO No. �a °OOpO°o°o M&C: c 0't!�L6 Lk a OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 3 First Amendment to CSO Contract No.35934 Between CFW and PHILLIP'S CARISMA AUTOMOTIVE GROUP LLC DBA WESTLOOP TOWING, AND IMPERIAL TOWING LLC DBA WESTLOOP TOWING M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Full COUNCIL ACTION: Approved on 9/18/2012 DATE: 9/18/2012 REFERENCE NO.: **C-25842 LOG NAME: 35WRECKR13 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Amendment to Police Department Towing Contracts to Extend the Term for One Year with Compliant Wrecker Companies for Police Initiated Towing Services (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize an amendment to Police Department towing contracts to extend the term for one year with compliant wrecker companies for police initiated towing services. DISCUSSION: On September 25, 2007, (M&C C-22408) the City Council authorized the execution of contracts for police initiated towing services with several wrecker companies, all of which are located in Fort Worth, to ensure an adequate level of police initiated towing service throughout the City of Fort Worth. A list of the specific towing companies is attached. The Agreement provided for four annual renewal options, of which the City has exhausted its renewal options. Staff is in the process of evaluating Article V. Wreckers of Chapter 34 of the City of Fort Worth Code of Ordinances and will be returning to City Council in the future with recommendations to amend Article V. Wreckers of Chapter 34 of the City of Fort Worth Code of Ordinances. In the interim, Staff recommends amending the existing contract to extend the term one additional year from October 1, 2012 through September 30, 2013 to allow for this change to occur. All other terms and conditions of the previous Agreement will remain the same. Annual costs are estimated to be in the total amount of$1,382,304.00 for all contracts. These costs are offset by fee revenue. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, and upon adoption of the Fiscal Year 2012 - 2013 budget by the City Council, funds will be available in the Fiscal Year 2013 operating budget, as appropriated, of the General Fund. The Police Department is responsible for the collection of funds due the City. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 462624 0357201 $0.00 GG01 539120 0357201 $0.00 Submitted for City Manager's Office_by_: Charles W. Daniels (6199) Originating Department Head: Jeffrey W. Halstead (4210) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17246&councildate=9/18/2012 10/2/2012 M&C Review Page 2 of 2 Additional Information Contact: Aya Ealy(4239) ATTACHMENTS Wrecker Company List.dom http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17246&councildate=9/18/2012 10/2/2012