HomeMy WebLinkAboutContract 35938 CITY SECRETARY
CONTRACT NO.
AGREEMENT FOR TOW TRUCK SERVICE
(STANDARD AND TILT BEDROLL BACK SERVICE)
WHEREAS, the City of Fort Worth occasionally requires the services of
tow trucks; and
WHEREAS, such tow truck services are necessary to protect the safety of
the citizens of the City of Fort Worth,
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 Tow-
Op Inc, dba as Advanced Towing, hereinafter referred to as "Company", acting
herein by and through Johnnie Evans, G.M., its duly authorized representative,
agree as follows:
1.
SERVICES
City hereby contracts with Company to provide police pull towing service.
As used herein, "police pull" and "rotation pull" shall mean that the Fort Worth
Police Department has called Company from a rotation list to either remove a
wrecked or disabled vehicle or to remove a vehicle in a safe driving condition, but
the owner is not present, able or permitted to drive or to make authorizations.
2.
TERM
The initial term of this Agreement shall begin on October 1, 2007 expire
on September 30, 2008. In addition to the initial term of this Agreement, 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
and Company providing proof of insurance each year to City within five (5)
calendar days after expiration.
Standard and CC Wrecker Agreement !I
Revised 09/25/2007
3.
COMPENSATION-Standard and Car Carrier
3.1 Compensation. As compensation for providing the services contemplated by
this Agreement, City agrees to pay Company as follows:
a) Towage. For both a standard and tilt bed tow, a charge of one hundred
thirty-five dollars ($135.00) for towing such vehicle from one point on a street
to another location within the corporate limits of the city as directed by the
police department at the place where the tow originated; such charge
includes one-half hour of extra work.
b) Second tow truck. In the event the police officer at the scene determines
that a second tow truck is required, a charge of one hundred thirty-five dollars
($135.00) per hour, with a minimum charge of one hour, billed in increments
of fifteen (15) minutes while at the scene of the police pull. A police
supervisor shall approve, in writing, the use of a second tow truck. Travel
time is excluded.
c) Extra work. An additional charge of one hundred dollars ($100.00) per
hour, charged in increments of fifteen (15) minutes, for removing vehicles that
are off the street right-of-way, such charge to be made from the time the
operator begins to remove the vehicle until it is on the traveled portion of the
street. Even though the vehicle is within the street right-of-way, an additional
charge may be made if the vehicle is located in some unusual condition
within the right-of-way, such as, but not limited to, a river or a creek bed or a
ditch of greater depth than the ordinary bar ditch. Extra work shall only be
allowed when authorized by a police officer at the scene of the pull. The
charges for such extra work shall be reviewed and approved by the City's
Senior Contract Compliance Specialist. Extra work excludes travel time and
waiting time.
d) Use of a dolly. No additional fee shall be charged for the use of a dolly on a
Standard Wrecker tow.
e) Rotation Tows. Company shall not exceed the fee structure for rotation pulls
performed under this agreement; as detailed in paragraph 3 above, i.e., a
Standard and CC Wrecker Contract 2
Page 2 of 18
rotation tow fee charged shall not exceed the standard fee allowable under
this agreement.
f) Nothing contained herein shall be construed so as to obligate City to expend
any sums of money. Further, nothing contained herein shall be construed so
as to guarantee to Company that City will contact Company for any towing
services contemplated by this Agreement.
3.2 Invoicing and Payment. Company shall invoice City once per month, no
later than the tenth working day of the month following services. Company shall
include with the invoice such documents as may be reasonably requested to
provide evidence of the services provided to the City, which at a minimum shall
include all information entered on the wrecker selection form by the officer at the
scene of the police pull and/or personnel at the Fort Worth Auto Pound. Such
invoice shall be subject to the review and approval of appropriate City personnel,
including the City's Senior Contract Compliance Specialist and the Police Auto
Pound Supervisor. City shall remit payment to Company within thirty (30) days
following receipt and approval of a properly prepared Company invoice.
3.3 Compensation Review. At the discretion of the City, City shall review,
on an annual basis, the compensation provided for hereunder, with the first such
review to be conducted during the month of May 2008. Similar reviews shall
occur in May of each succeeding year that this Agreement is in effect. City shall
make adjustments in the compensation based upon increases or decreases in
the cost of doing business, taking into consideration fuel, insurance, labor, and
such other costs as may be relevant to the operation of a towing business. All
compensation reviews conducted shall be processed and approved in
accordance with the City's applicable procedure.
4.
VEHICLE AND EQUIPMENT REQUIREMENTS
Company shall maintain at all times the following vehicles and equipment
in working condition, ready to perform, in accordance with this Agreement:
Standard and CC Wrecker Contract 3
Page 3 of 18
a) A minimum of four (4) wreckers, one of which shall be not less than 14,000
pounds gross vehicle weight and one of which shall be not less than 10,000
pounds gross vehicle weight, dual rear wheels, equipped with a hydraulic
operated winch, winch lines, and a boom rated at not less than 8,000 pound
lift capacity and a wheel lift device rated at not less than 2,500 pounds. A
minimum of two (2) tilt bed/roll back dual rear wheel wreckers rated at not
less than 14,000 pounds gross vehicle weight.
b) At a minimum, all wreckers shall be equipped with the following equipment,
which at all times shall be maintained in working order:
1) Tow bar
2) Towing lights
3) Emergency overhead warning lights (red or amber color only)
4) Safety chain
5) Fire extinguisher, A.B.C. Type
6) Wrecking bar
7) Broom
8) Shovel
9) Reflectors or traffic cones
10) Trash container
11) Voice or computer communication between tow truck driver and
Company Dispatcher
12) Back-up warning signal
13) Wheel chocks (rubber or metal)
14) Dollies (Standard Tow Truck Only)
c) Each wrecker shall have and maintain current identifying markings required
by the Texas Transportation Code, Section 642.002, as same may be amended.
In addition, each wrecker shall provide Notice of Complaint Procedures to the
owner of a towed vehicle, as outlined by the Texas Department of Transportation
Rules and Regulations as contained in 43 Texas Administrative Code, Chapter
18, subchapter 18.89, as same may be amended.
Standard and CC Wrecker Contract 4
Page 4 of 18
d) Each tow truck and the required equipment shall be inspected by the Chief of
Police or his authorized designee prior to being used for services contemplated
by this Agreement. In addition, each tow truck and the required equipment shall
be subject to intermittent inspection by the City to assure compliance with this
Agreement. The inspection requirements shall be detailed on the annual
wrecker inspection form and revised from time to time as required.
5.
INSURANCE REQUIREMENTS
Company shall maintain insurance from insurers acceptable to City of the
following types and amounts:
5.1 Commercial General Liability
$500,000 each occurrence
$500,000 aggregate
Or
Garage Liability
$500,000 each accident, other than auto
$500,000 aggregate
5.2 Automobile Liability
$1,000,000 each accident, combined single limit
This coverage shall include all vehicles owned or non-owned that are
operating under Company's operating authority performing services
under this Agreement.
5.3 Cargo/On-Hook
$50,000 per unit
Coverage shall include both the unit being towed and its contents.
Units covered shall include but not be limited to motor vehicles,
trailers and boats. Coverage shall be written on a direct primary
basis.
5.4 GARAGEKEEPER'S LIABILITY
$30,000 per unit
Standard and CC Wrecker Contract 5
Page 5 of 18
5.5 Worker's Compensation/Accident Insurance
Coverage shall meet the minimum requirements of state law, as con-
tained in the Motor Carrier Rules and Regulations.
NOTE: BETWEEN 5.1 AND 5.5 ABOVE, ANY POLLUTION EXPOSURE,
INCLUDING ENVIRONMENTAL IMPAIRMENT LIABILITY,
ASSOCIATED WITH THE SERVICES AND OPERATIONS
PERFORMED UNDER THIS AGREEMENT SHALL BE COVERED; IN
ADDITION, SUDDEN AND ACCIDENTAL CONTAMINATION OR
POLLUTION LIABILITY FOR GRADUAL EMISSIONS AND CLEAN-UP
COSTS SHALL BE COVERED.
5.6 Company shall maintain insurance coverage at all times. Current insurance
certificates shall remain on file with the City during the term of this Agreement.
Insurance coverage may, at the sole discretion of the City, be revised upward upon
thirty (30) calendar days prior written notice to Company. Policies shall be
endorsed as follows:
a) The City, its officers, employees and servants shall be endorsed as an
additional insured on all policies except employer's liability insurance coverage
under the workers' compensation insurance policy.
b) Certificates of insurance shall be delivered to the City's Senior Contract
Compliance Specialist, 350 W. Belknap Street, Fort Worth, TX 76102, prior to
any work being performed under this Agreement.
c) Any failure on part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirements specified herein.
d) Each insurance policy shall be endorsed to provide the City a minimum
thirty (30) calendar day notice of cancellation, non-renewal, and/or material
change in policy terms or coverage. Ten (10) calendar days notice shall be
acceptable in the event of non-payment of premium.
e) Insurers must be authorized to do business in the State of Texas and have
a current A.M. Best rating of A: VII or equivalent measure of financial strength
and solvency.
f) Deductible limits, or self-funded retention limits, on each policy must not
exceed $10,000.00 per occurrence unless otherwise approved by the City.
Standard and CC Wrecker Contract 6
Page 6 of 18
g) Other than worker's compensation insurance, in lieu of traditional insurance,
City may consider alternative coverage or risk treatment measures through
insurance pools or risk retention groups. The City must approve, in writing, any
alternative coverage.
h) Worker's compensation insurance policy(s) covering employees shall be
endorsed with a waiver of subrogation providing rights of recovery in favor of
the City.
i) City shall not be responsible for the direct payment of insurance premium
costs.
j) Insurance policies shall each be endorsed to provide that such insurance
is primary protection and any self-funded or commercial coverage maintained
by City shall not be called upon to contribute to loss recovery.
k) Company shall report, in a timely manner, to City's officially designated
Senior Contract Compliance Specialist any known loss occurrence which
could give rise to a liability claim or lawsuit or which could result in a property
loss.
1) Company's liability shall not be limited to the specified amounts of
insurance required herein.
m) Upon the request of City, Company shall provide complete copies of all
insurance policies required by these Agreement documents.
5.8 In the event a state or federal law, rule or regulation pertaining to wrecker
service companies operating within the State of Texas exceed insurance
requirements specified herein, such state or federal law, rule or regulation shall
prevail for the respective type of insurance coverage and/or limit thereof.
6.
DUTIES AND RESPONSIBILITIES OF COMPANY
Company, during the term of this Agreement, shall perform the following
duties and have the following responsibilities:
a) Maintain as its primary business the towing of vehicles or trailers by
wreckers meeting the requirements of paragraphs 4(a) and 4(b) above.
"Primary business" shall mean that Company receives more than fifty per-cent
Standard and CC Wrecker Contract 7
Page 7 of 18
(50%) of it gross revenues from the towing of vehicles and trailers. All of
company's records shall be open to reasonable inspection, both at the time of
execution of this agreement and at any time during the term hereof, to verify
compliance with this condition.
b) Maintain, manage and operate a currently licensed vehicle storage facility,
VSF, located within the corporate limits of the City. "Vehicle storage facility"
shall mean a facility operated by a person licensed under the Texas
Occupations Code, Section 2303.002.
c) Maintain business operation twenty-four (24) hours a day, seven days per
week.
d) Respond to all calls contemplated by this Agreement within thirty (30)
minutes of notification, except in extraordinary situations where delay is caused
by ice, snow or other weather related conditions. In the event Company fails to
respond as required, City may notify another wrecker company and Company
shall not be entitled to the compensation to which it would have been entitled
had it arrived within the 30 minute time limit.
e) Maintain on file with the City the name of the owner, president or chief
executive officer, business address, and telephone number; further, Company
shall notify the City of any change of ownership, president or chief executive
officer, or change of address or corporate organization within five (5) City
business days of any such change.
f) Deliver the motor vehicle being towed to the location within the corporate
limits of City designated by the police officer at the scene of the pull. Delivery
shall be made without delay or detour. Comply with the requirements
contained in Exhibit A to this Agreement.
g) Fully cooperate with any investigation conducted by the City regarding
complaints against Company, whether or not such complaints arise out of
services contemplated by this Agreement.
h) Shall not become delinquent in the payment of any taxes due to City or any
governing body or agency.
Standard and CC Wrecker Contract 8
Page 8 of 18
i) Shall not go to any accident scene unless the Company has been called to
the scene by the owner or operator of a vehicle or an authorized representative
of same, or by the City.
j) Completely remove all debris except known hazardous material resulting
from any accident to which the Company is responding. Removal of debris
shall not be considered complete by merely sweeping it to the curb line.
k) Shall not solicit any wrecker business within the corporate limits of City at
the scene of a wrecked or disabled vehicle, regardless of whether the
solicitation is for the purpose of soliciting the business of towing, repairing,
wrecking, storing, trading, or purchasing the vehicle.
1) Shall only employ drivers of tow trucks authorized to operate same.
m) Provide Police Auto Pound personnel with a signed PD Wrecker Selection
form at the time the vehicle is delivered to the Auto Pound.
n) Company shall maintain records of the vehicles towed and charges of
tows from calls received from the city rotation list. Records shall be
maintained for at least three (3) years following completion of the Agreement
and shall be open for reasonable inspection by the City. The failure to
provide records to the City is a violation of the Agreement.
o) Company shall attend City meetings as may be reasonably requested.
p) Company shall not pick-up any known hazardous material, 30 Tex.
Administrative Code, Chapter 327, (Texas Commission on Environmental
Quality, Spill Prevention and Control).
7.
TERMINATION AND SUSPENSION
7.1 This Agreement may be terminated or suspended by City for any of the
following causes:
a) Violation of any term and/or condition specified in this Agreement.
b) Failure to notify the Communications Division of the Police Department
within fifteen (15) minutes from the time of notification if the Company will
be unable to respond within the thirty (30) minutes allotted for a response to
a call for wrecker service.
Standard and CC Wrecker Contract 9
Page 9 of 18
c) Permitting a tow truck to be operated by anyone while under the influence
of alcohol and/or illegal drugs.
d) Permitting a tow truck to be operated by anyone whose operator's license is
suspended.
e) Transferring or assigning any call for service to any other company.
f) Any sustained complaint of theft by personnel of Company while acting in
their capacity as employees of Company.
g) Any sustained complaint of threats made by personnel of the Company
while acting in their capacity as employees of Company made against third
parties during a police pull or otherwise.
h) Failing to comply with all directions of police personnel at the scene of a
police pull or civilian employee at the Police Pound. Company may request
a Police Department supervisor or the City's Senior Contract Compliance
Specialist to validate any such direction given.
i) Five (5) passes within a thirty (30) calendar day period. "Pass" in this
paragraph shall mean Company failing to notify the City of its inability to
respond to a request for service as required by paragraph 2 above.
j) Ten (10) passes within a thirty (30) calendar day period. "Pass" in this
paragraph shall mean a Company notifying the City of its inability to
respond to a request for service as required by paragraph 2 above.
k) Violation of any rule or regulation contained in Exhibit "A" attached hereto
and hereby incorporated for all purposes.
1) Failure to comply with any state or federal law or code or city ordinance
related to the operation of a wrecker company.
7.2 City shall notify Company in writing of its intent to terminate or suspend for
cause ten (10) City business days prior to such suspension or termination.
Company shall have the right to request a hearing before the Chief of Police or his
designee regarding the intent to terminate or suspend for cause by requesting a
hearing in writing within five (5) City business days after receipt of notice of intent
to terminate or suspend. A hearing shall be conducted within fifteen (15) City
Standard and CC Wrecker Contract 10
Page 10 of 18
business days of the request for hearing. The City, in its sole discretion, may
temporarily suspend this Agreement during any appeals process.
7.3 In the event this Agreement is suspended for cause, the suspension shall
be for a period of time of not less than six (6) months and no more than twelve (12)
months. However, if the non-compliance matter is remedied within the time period
specified by the City, a shorter suspension time may be imposed on the Contractor
at the sole discretion of the City.
7.4 In the event City suspends or terminates this Agreement for cause, and the
cause for such suspension or termination is determined to be invalid, Company's
sole remedy shall be reinstatement of this Agreement. Company expressly waives
any and all rights to monetary damages, including but not limited to actual and
punitive damages, court costs and attorney's fees.
8.
INDEMNIFICATION
General Indemnification
With regard to any liability which might arise hereunder, City and Company agree
that they shall be solely and exclusively liable for the negligence of its own agents,
servants, subcontractors and employees and that neither party shall look to the
other party to save or hold it harmless for the consequences of any negligence on
the part of one of its own agent, servant, subcontractor or employee. Nothing
contained herein shall be construed to be a waiver by City of any right of protection
that it enjoys under applicable State or Federal law.
Environmental Indemnification
COMPANY DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND
HOLD HARMLESS THE CITY OF FORT WORTH AND ALL PARTICIPATING CITIES,
THEIR OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL
ENVIRONMENTAL RELEASES AND/OR DAMAGES AND THE VIOLATION OF ANY
AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE HANDLING,
COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT,
RECOVERY, AND/OR REUSE, BY ANY PERSON, OF HAZARDOUS WASTE WHICH
Standard and CC Wrecker Contract 1 1
Page 11 of 18
UNDER THIS AGREEMENT, WHEN SAID ENVIRONMENTAL DAMAGES OR THE
VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF
ANY ACT OR OMISSION OF COMPANY, ITS OFFICERS, AGENTS, EMPLOYEES,
OR SUBCONTRACTORS, OR THE JOINT ACT OR OMISSION OF COMPANY, ITS
OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS AND ANY OTHER
PERSON OR ENTITY.
9.
WARRANTY
Company warrants that it understands the currently known hazards and suspected
hazards which are presented to persons, property and the environment by
hazardous waste. Company further warrants that it and its officers, agents,
employees, and subcontractors will perform all services under this Agreement in a
safe, efficient and lawful manner using industry accepted practices, and in full
compliance with all applicable state and federal laws governing its activities and is
under no restraint or order which would prohibit performance of services under this
Agreement. Approval by the City shall not constitute or be deemed to be a release
of the responsibility and liability of Company, or its officers, agents, employees, or
subcontractors, for the accuracy and competency of their services provided under
the Agreement.
Environmental Damages means all claims, judgments, damages, losses,
penalties, fines, liabilities (including strict liability), encumbrances, liens costs, and
expenses of investigation and defense of any claim, whether or not such claim is
ultimately defeated, and of any good faith settlement of judgment, of whatever kind
or nature, contingent or otherwise, matured or unmatured, foreseeable or
unforeseeable, including without limitation reasonable attorney's fees and
disbursements and consultant's fees, any of which are incurred as a result of the
handling, collection, transportation, storage, disposal, treatment, recovery, and/or
recycling of hazardous waste pursuant to this agreement, or the existence of a
violation of environmental requirements pertaining to same, and including without
limitation:
Standard and CC Wrecker Contract 12
Page 12 of 18
a. Damages for personal injury and death, or injury to property or natural
resources;
b. Fees incurred for the services of attorneys, consultants, contractors,
experts, laboratories and all other costs incurred in connection with the
investigation or remediation of such hazardous wastes or violation of
environmental requirements including, but not limited to, the preparation of any
feasibility studies or reports of the performance of any cleanup, remediation,
removal, response, abatement, containment, closure, restoration or monitoring
work required by any federal, state or local governmental agency or political
subdivision, or otherwise expended in connection with the existence of such
monitoring wells or violations or environmental requirements, and including without
limitation any attorney's fees, costs and expenses incurred in enforcing this
Agreement or collecting any sums due hereunder; and
C. Liability to any third person or governmental agency to indemnify such
person or agency for costs expended in connection with the items referenced in
"Environmental Requirements."
Environmental Requirements shall mean all applicable present and future statutes,
regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans,
authorizations, concessions, franchises, and similar items, of all governmental
agencies, departments, commissions, boards, bureaus, or instrumentalities of the
United States, states, and political subdivisions thereof and all applicable judicial,
administrative, and regulatory decrees, judgments, and orders relating to the
protection of human health or the environment, including without limitation:
a. All requirements, including, but not limited to, those pertaining to reporting,
licensing, permitting, investigation, and remediation of emissions, discharges,
releases, or threatened releases of hazardous materials, pollutants, contaminants
or hazardous or toxic substances, materials, or wastes whether solid, liquid, or
Standard and CC Wrecker Contract 13
Page 13 of 18
gaseous in nature, into the air, surface water, groundwater, storm water, or land, or
relating to the manufacture, processing, distribution, use, treatment, storage,
disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic
substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and
b. All requirements pertaining to the protection of the health and safety of
employees and/or the public.
10.
ASSIGNMENT
Company shall not assign, transfer or sublet this Agreement or any portion
hereof to any party without the prior written consent of City that shall not be
unreasonably withheld. Any such assignment, transfer or subletting of this
Agreement without the consent of the City shall be void and shall operate as a
termination hereof.
11.
ZONES AND ROTATION LIST
10.1 City shall divide the city into four (4) zones that shall correspond to the four
(4) patrol divisions. Company shall be assigned to the zone or an adjacent zone in
which it maintains its principal place of business. City, at its sole discretion, shall
assign Company to its designated zone.
10.2 City shall create a rotation list within each of the four (4) zones that will
dictate the order in which wrecker companies are contacted. A separate list will be
maintained for the Standard Service and Tilt Bed\Roll Back Service call.
10.3 City may request Company to conduct a police pull within any zone, and
Company agrees to use its best efforts to arrive at the scene of the police tow
within thirty (30) minutes.
12.
INDEPENDENT CONTRACTOR
It is understood and agreed by the parties hereto that Company shall
perform all work and services hereunder as an independent contractor, and not as
Standard and CC Wrecker Contract 14
Page 14 of 18
an officer, agent, servant or employee of the City. Company shall have exclusive
control of and the exclusive right to control the details of the work or service to be
performed hereunder, and all persons performing same on behalf of Company,
and shall be solely responsible for the acts and omissions of its officers, agents,
servants, employees, contractors, subcontractors, licensees and invitees. The
doctrine of respondeat superior shall not apply as between the City and Company,
its officers, agents, servants, employees, contractors and subcontractors, and
nothing herein shall be construed as creating a partnership or joint venture
between the parties hereto.
13.
VENUE
The parties to this Agreement agree and covenant that this Agreement will be
enforceable in Fort Worth, Texas; and that if legal action is necessary to enforce
this Agreement, exclusive venue will lie in the state courts located in Tarrant
County, Texas or in the United States District Court for the Northern District of
Texas, Fort Worth Division.
14.
SEVERABILITY
If any of the terms, sections, subsections, sentences, clauses, phrases, provisions,
covenants, conditions or any other part of this Agreement are for any reason held
to be invalid, void or unenforceable, the remainder of the terms, sections,
subsections, sentences, clauses, phrases, provisions, covenants, conditions or
any other part of this Agreement shall remain in full force and effect and shall in no
way be affected, impaired or invalidated.
15.
Standard and CC Wrecker Contract 15
Page 15 of 18
APPLICABLE LAW
This Agreement is to be construed, governed and enforced under all
applicable Texas and federal law. Situs of this Agreement is agreed to be Tarrant
County, Texas, for all purposes including performance and execution.
16.
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.
17.
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.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Standard and CC Wrecker Contract 16
Page 16 of 18
CITY OF FT VyORTH Tow-Op Inc., DBA Advance
Towi
Joe Pa tpa/ ` ohnnie Evans
Assistantan ger General Manager
Date: 7/ v Date: `'Z
t4j
ATTEST: ATTEST:
4jlx�
(A, .City cAcretary Notary Seal
M&C Number: C- Z Z 7 0 8
City Ordinance: Article V, Wreckers
Agreement Number 3L9sb
Ordinance No.:
APPROVED AS TO FORM
AND LEGALITY:
Assistant City Attorney
11111r(-Ilhr�\A HOW
Standard and CC Wrecker Contract 1PC
Page 17 of 18
EXHIBIT A
FW POLICE AUTO POUND OPERATIONS
The following rules and procedures shall be observed by Company upon
arrival at the Police Auto Pound.
1. The Auto Pound entry gate shall not be obstructed by Company waiting to
enter the Auto Pound Facility.
2. Company shall not enter the Auto Pound with more than one (1)
person/operator unless authorized by the City's on-duty shift supervisor.
3. For safety precautions, Company shall be required to off-load all Tilt
Bed/Roll Back cargo.
4. Auto Pound inventories shall be handled in an expeditious manner. Auto
Pound personnel shall conduct a complete inventory of all property and
vehicles.
5. Company shall not assist Auto Pound personnel with inventory.
6. Company shall be required to follow directions and instructions of Auto
Pound personnel.
7. Company shall assist and comply with any investigation performed by Auto
Pound personnel or the FW Police Department in all regards.
8. Violations of any of the above shall be reviewed by the City's
9. Senior Contract Compliance Specialist or the Auto Pound Supervisor.
Standard and CC Wrecker Contract 18
Page 18 of 18
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/26/2007
DATE: Tuesday, September 25, 2007
LOG NAME: 35WRECKR08 REFERENCE NO.: **C-22408
SUBJECT:
Authorize the City Manager to Execute Contracts for Police Initiated Towing Services with Various
Companies
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute contracts for police initiated
towing services with various companies.
DISCUSSION:
On November 18, 2003, (M&C C-19861) the City Council authorized the execution of contracts for police
initiated towing services with various companies. The City Council further authorized the adoption of a new
fee schedule for towing services. The agreement provided for four annual renewal options.
The City has exhausted its renewal options, requiring the execution of new agreements. Staff has
negotiated an agreement for towing services with various companies and recommends approval for
FY2007-08 with an additional four one-year renewal periods. The Internal Audit Department has conducted
a financial review of rates and has determined that the existing fees are appropriate.
Annual costs are estimated to be $2,101,212.00. These costs are offset by fee revenue.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations funds will be available in
the current operating budget, as appropriated, of the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 539120 0357201 $0.00
GG01 468624 0357201 $0.00
Submitted for City Manager's Office b Joe Peniagua (6191)
Originating Department Head: Ralph Mendoza (4212)
Additional Information Contact: Kara Shuror (4221)
Logname: 35WRECKR08 Page 1 of 1