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Home My WebLink AboutContract 35940-A1 CITYARY �(�—� CONTRACT NO. ,?� �— FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 35940 BETWEEN THE CITY OF FORT WORTH AND JAMES LEE MILNER DBA J.L. MILNER WRECKER SERVICE 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; James Lee Milner dba J.L. Milner Wrecker Service, LLC ("Assignor"), acting herein through Amon Brian Roper, its duly authorized representative; and Milner Wrecker Service, LLC ("Assignee"), acting herein through Amon Brian Roper, its duly authorized representative. WHEREAS, Assignor entered into an Agreement identified as City Secretary Contract No. 35940 for a period beginning October 1, 2006, and ending September 30, 2007, with subsequent automatic renewals for five one-year periods; and WHEREAS, it is the collective desire of the parties to assign the Agreement to reflect Milner Wrecker Service, LLC as the provider of towing services under the contract in lieu of James Lee Milner dba J.L. Milner Wrecker Service, LLC; and WHEREAS, it is the collective desire of the parties to amend the Agreement to reflect the name of Amon Brian Roper as its duly authorized representative; and WHEREAS, it is the collective desire of the parties to amend the Agreement to allow Milner Wrecker Service, LLC to provide two standard and tilt bed/roll back service trucks in addition to equipment already being provided. NOW THEREFORE, KNOWN ALL BY THESE PRESENT: City Secretary Contract No. 35940, currently on file in the office of the City Secretary of the City of Fort Worth, 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 James Lee Milner dba J.L. Milner Wrecker Service, LLC, hereinafter referred to as "Company", acting herein by and through James L. Milner, Owner, 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 Milner Wrecker Service, LLC, hereinafter referred to as "Company," acting herein by and through Amon Brian Roper, its duly authorized representatives, agree as follows: FOFFICIALRECfaRl�bI RIETARX First Amendment to CSO Contract No.39540 I�9 . Between CFW,James Lee Milner DBA J l,�.,Milner Wrecker Service, and Milner Wrecker Service,LLC — I i— 3. Inserting: Section 3A to read: COMPENSATION FOR HEAVY DUTY TOWAGE TANDEM AXLE 3.1 Compensation. As compensation for providing the services contemplated by this Agreement, City agrees to pay Company as follows Heavy DutyTowage, Tandem Axle. As compensation for providing the heavy duty services contemplated by this Agreement, City agrees to pay Company as follows: 1) Towage. A charge of two-hundred sixteen dollars ($216.00) per hour for towing such vehicle from one point on a street to another location within the corporate limits of the City as directed by the City's Police Department at the place where the tow originated. The minimum charge shall be for one hour; after the first hour, time shall be billed for in increments of fifteen (15) minutes, at a charge of$54.00 per increment. 2) Second tandem axle tow truck. In the event the police officer at the scene determines that a second tandem axle tow truck is required, a charge of two- hundred sixteen dollars ($216.00) per hour billed in increments of fifteen (15) minutes while at the scene of the police pull, with a minimum charge for one hour, at a charge of$54.00 per increment. Travel time is excluded. 3) Reimbursable. In the event Company is required to rent equipment or other materials specifically related to a police pull, as directed in writing by a police supervisor at the scene, Company shall be reimbursed the actual cost incurred plus fifteen percent (15%). Charges under this subparagraph are subject to the review and approval of a police supervisor. 4) Extra help. An additional charge of twenty dollars ($20.00)per man per hour, with a minimum charge of four (4) hours, when authorized in writing by a police supervisor at the scene of the police pulls. 5) Air cushions. a.) Regular cushions - A charge of one hundred-fifty dollars ($150.00) per hour per cushion, with a minimum charge of one hour. After the first hour billing shall be in increments of fifteen (15) minutes. b.) Tanker cushions - A charge of four hundred dollars ($400.00) per_hour per cushion. After the first hour, billing shall be in increments of fifteen (15) minutes. c.) Prior approval by a police supervisor at the scene of a police pull is required for the reimbursement for the use of air cushions. 6) Tractor,_hydraulic tilt tail, lowboy, and other specialized equipment. A charge of two hundred sixteen dollars ($216.00) per hour, billed in increments of fifteen (15) minutes, with each increment being charged as $54.00 per increment, if prior written approval of a police supervisor is obtained at the 2 First Amendment to CSO Contract No.39540 Between CFW,James Lee Milner DBA J.L.Milner Wrecker Service, and Milner Wrecker Service,LLC scene of the police pull. The police supervisor shall sign the wrecker selection form when a tractor, hydraulic tilt tail, lowboy or other specialized equipment is used. 4. Inserting Section 4A to read: HEAVY DUTY TOWAGE TANDEM AXLE 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: a) Tandem Axle Tow Truck. A minimum of two (2)tandem axle (heavy duty) wrecker rated at not less than 54,000 gross vehicle weight (GVWR), equipped with two hydraulic winches and winch lines with a boom rated at not less than 50,000 pounds each and under lift capacity lift capacity of 50,000 pounds. All other terms, provisions, conditions, covenants and recitals of said City Secretary Contract No. 35940 not expressly amended herein shall remain in full force and effect. CITY OF FORT WORTH JAMES LEE MILNER DBA J.L. MILNER WRECKER SERVICE les W. Daniels Amon Brian Roper J Assistant City Manager �"� W. MILNER WRECKER fefffey 4V. Halstead Z•/Q•/Z SERVICE, LLC Chief of Police f� APPROVED AS TO FORM Amon Brian Roper A ND LEGALITY: Jes 'ca Sangsvangg, Assistant Cit Attorrt paa�aa � d � 013, .» � i y ec t (y� o° 9Id Authorization: %a°°c° p°°*I -22408 a�,�� C O No. ,X,A 0.�,b�''`� OFFICIAL RECORD 3 CITY SECRETARY First Amendment to CSO Contract No.39540 FT. WORTH, TX Between CFW,James Lee Milner DBA J.L.Milner Wrecker Service, and Milner Wrecker Service,LLC