HomeMy WebLinkAboutContract 44928 (2)AGREEMENT FOR STANDARD
POLICE INITIATED TOWING SERVICE
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WHEREAS, the City of Fort Worth occasiona.11y 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,
NOW, TI-�REFORE, KNOW ALL BY THESE PRESENTS:
The Ciiy of Fort Worth, hereinafter referred to as"City," acting herein by and
through Charles W. Daniels, its duly authorized Assistant City Manager, and. H&R
Automotive� Inc. dba H&R 24 HR Wrecker Service, hereinafter referred to as
"Contractor," acting herein by and through Herman Nieswiadomy, Owner, its duly
authorized representative, agree as follows:
l.
SERVICES
City hereby contracts with Contractor to provide poliee iuitiated wrecker service.
City, through its Police Department, sha11 dispatch Contractor from a police irutiated
rotation list to vehicles that have either been 1) abandoned; 2) involved in a collision; 3)
parked or operated in violation of law; and/or 4) are to be checked for evidence
(including recovered stolen vehicles and vehicles belonging to individuals in the custody
of the police). Contractor sha11 perform a tow at the direction of any City police officer.
Contractor �hall obey the directions of police off'icers in performing such tows and sha11
ensure that such tow is performed with all due care to avoid interference with police
activities and police information.
2.
TERM
The initial term of tlus Agreement sha11 begin on October 1, 2013, and expire on
September 30, 2014. In addition to the initial term of this Agreement, there sha11 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.
p��ICIAL RECORD
G1'PY SECRETARY
Frt�'�I�RTH, TX
�'�C�I�l�I� �i('.T � � ?�i�
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COMPENSATION
3.1 As compensation for providing the services contemplated by this Agreement, City
agrees to pay Contractor as follows for light duty and medium duty tows:
1) Towa e. For both light duty tows and medium duty tows, a charge of one hundred
thirty-five dollars ($135.00) for towi.ng such vehicle from one point on a street to
another location within the corporate limits of the City as directed by the police
officer at the place where the tow originated;
2) Seco�.d tow truck. In the event the tow truck driver at the scene determines that a
second tow truck is required, a charge of one hundred tliirty-five dollars ($135.00) per
hour, with a minimum charge of one hour, for assista.nce in clearing the scene of an
accident. A police supervisor must approve, in writing, the use of a second tow truck.
Travel time is excluded.
3) Additional Charges. An additional charge shall only be allowed when authorized by a
police officer at the scene of the police initiated tow. An additional charge shall
exclude travei time and waiting tune. An additional charge of one hundred dollars
($100.00) per hour, charged in increments of fif�een (15) minutes at a charge of
$25.00 per increment, for remaving vehicles located in some unusual condition such
as, but not limited to, an unusual circumstance within the right-of-way, a river or a
creek bed or a ditch of greater depth than the ordinary bar ditch. 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.
4) Use of a dollv. No additional fee shall be charged for the use of a dolly on a
Standard Wrecker tow.
3.2
Rota.tion Tows. Contractor shall not exceed the fee structure for police initiated
tows perfarmed under this Agreement; as detailed in section 3.1 above, i.e.,
charges shall not exceed the standaxd fees allawable under this Agreement.
Nothing contained herein shall be construed so as to obligate City to expend a.ny
sums of money. Further, nothing contained herein shall be consirued so as to
guarantee to Contractor that City will contact Cont7ractor for any towing services
contemplated by this Agreement.
Agreement far Police Initiated Towing Service Page 2 of 21
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3.3 Invoicin� and Pavment. Contractor sha11 invoice City once per month, no later
than the fifth working day of the month following services. Contractor 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 sha11
inciude all information entered on the wrecker selection form by the officer at the
scene of the police initiated taw and/or personnel at the Fort Worth Auto Pound.
Such invoice shall be subject to the review and approval of appropriate City
personnel and the Police Auto Pound Supervisor. City sha11 remit payment to
Contractor within thirty (30} days following receipt and approval of a properly
prepared Contractor i.nvoice.
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VEHICLE AND EQUIPMENT REQUIREMENTS
Contractor shall provide a11 vehicles and equipment necessary to perform Police Initiat�d
Towing Services in the Divisions they are assigned. All vehicles and equipment sha11 be
in good working order for the duration of this Agreement. Contractor shall supply, upon
request by City, a Iist of Contractor vehicles aud equipment inventory dedicated to
performance of this Agreement.
4.1 Vehicles.
a) Contractor must mainta.in a minimum of four (4) wreckers to include a minimum of
two (2) tilt bed/roll back/flat bed dual reax wheel wreckers and a minimum of two (2)
other vehicles at the discretion of the Contractor that meet the mixLmum TDLR
requirements.
� Standard and Car Carrier. 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, win.ch lines, and a boom rated at
not less than 8,000 pound lift capacity and a wheel lift device rated at not less
than 2,5�0 pounds. A minimum of two (2) tilt bed/roll back dual rear wheel
wreckers rated at npt less than 14,000 pounds gross vehicle weight.
Agreement for Police Initiated Towing Service Page 3 of 21
�,2� Each wrecker shall have and mainta.in current identifying markings required
by the Texas Transportation Code, Section 642.002, as same may be
amended.
(3) A11 of Contractor's vehicles sha11 have
(a) Permanent labeling on each side door of the vehicle with the Tow
Contractor's name, physical address (street, city, sta.te, zip code), and
phone number;
(b) A four-way emergency flashing system and at least one flashing amber
light (or other color permitted by Sta.te law);
(c) Porta.ble auxiliary brake lights, emergency flasher, turn signa.l, and tail
light with protective pads/covers on the bottom, for use on towed vehicles;
(d) A warning alarm, clearly audible above the surrounding noise in the
vicinity and designed to sound when the tow vehicle is shifted into reverse
to signify that the vehicle is backing up; and
(e) Dual Rear Tires, adequate in size and rating for the size and weight of
the tow truck, with not less than 3/32nds inch of tread and mounted on
rims secured with the manufacturer's recommended number of lug nuts.
4.2 Equipment•
In addition, Contractor shall ensure that Contractor's vehicles are equipped with the
following equipment, which at all times shall be maintained in working order to meet the
following minimum criteria:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
Tow bar;
Towing lights;
Emergency overhead warning lights;
Safety chain;
Fire extinguisher (10 pounds; A.B.C. Type);
Crow bar;
Push Broom;
Shovel;
Emergency reflectors or traffic cones;
Trash container;
Agreement for Police Iniriated Towing Service Page 4 of 21
11)
12)
13)
14)
15}
16)
4.3 Inspection. Each tow truck and the required equipment shall be inspected by the Chief
of Polzce's designated staff following the execution of this Agreement on an annual basis.
In addition, each tow truck and the required equipment shall be subject ta intermittent
inspection by the City to assuxe compliance with this Agreement. The inspection
requirements sha11 be detailed on the annuai wrecker inspection form and revised as
deemed necessary by the Chief of Police's designated staff
5.
INSURANCE REQUIREMENTS
Contractor sha11 maintaui insurance from insurers accepta.ble to City of the following types
and amounts:
5.1
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5.2
Commercial General Liability
Backing warning signal;
Wheel chocks;
Dollies (Standard Tow Truck Only);
Ten (10) pounds of grease and fluid absorbent material, and any other
equipment necessary to clean up an accident scene in accordance with
sta.te and locallaws;
Commwucation Device or Two-way radio equipment capable of
communicating with the Contractor's d.ispatcher at all times. Such
equipment sha11 be approved and licensed in accordance with federal
law; and
Any other equipment required by state law.
$SOO,Q00 each occurrence
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Garage Liability
$500,000 each accident, other than auto
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Automobile Liability
$1,OOQ,000 each accident, combined single limit
Agreement for Police Initiated Towing Service Page 5 of 21
This coverage shall include a11 vehicles owned or non owned that are
operating under Contractor'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 baats.
Coverage shall be written on a d.irect primary basis.
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Garagekeeper's Liability
$30,000 per unit
5.5
Worker's Compensation/Accident Insurance
Coverage sha11 meet the minimum requirements of state law, as con-
tained in the Motor Carrier Ru1es and Regulations.
5.6 Cantractor shall maintain insurance coverage at a11 times. Current insurance
certificates sha11 remain on file with the City during the term of this Agreement. It is the
responsibility of the Conti�.ctor to submit updated insurance to the City. Insurance coverage
may, at the sole discretion of the City, be revised upward upon thinhuty (30) calendar days
prior written notice to Contractor. Policies shall be endorsed as fallows:
1) The City, its officers, empioyees and servants shall be endorsed as an additiqnal
insured on all policies except employer's iiability insurance coverage under the
workers' compensation insurance policy.
2) Certificates of insurance shall be delivered to the Grants and Contracts Section,
350 W. Belknap Street, Fort Worth, TX 76102, prior to any work being performed
urider this Agreement.
3) Any failure on part of the City to request required insurance documentation sha11
not constitute a waiver of the insurance requirements specified herein.
4) Each ins�arance policy shall be endorsed to provide the City a minimum thirty (30)
calendar day notice of cancellation, nan-renewal, and/or material change in policy
terms or coverage. A ten (10) calendar day notice sha11 he acceptabie in the event of
non-payment of premium.
Agreement for Police Iniriated Towing Service Page 6 of 21
5) Insurers must be authorized to do business in the Sta.te of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial sfrength and
solvency.
6) Deductible limits, or self-funded retention limits, on ea.ch policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
7) Other than worker's compensation insurance, in lieu of traditiona.l insurance, City
may consider alternative coverage or risk treatment measures through insurance pools or
risk reiention groups. T'he City must approve, in writing, any alternative coverage.
8) 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.
9) City shall not be responsible for the direct payment of insurance premium costs.
10) 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 ca�led upon to contribute to loss recovery.
11) Contractor sha11 report, in a timely manner, to the Grants and Contracts Section of
any known loss occurrence that could give rise to a liability claim or lawsuit or that
could result in a property loss.
12) Contractor's liability shall not be limited to the specified amoun.ts of insurance
required herein.
13) Upon the request of City, Contractor shall provide complete copies of all
insurance policies required by these Agreement documents.
5.7 In the event a state or federal law, rule or regulation pertaining to wrecker service
campanies operating within the State of Texas exceed insurance requu�ements specif'ied
herein, such state or federallaw, rule or regulation shall prevail for the respective type of
insurance coverage and/or lin3it thereof.
6.
DIVISIONS AND ROTATION LIST
6.1
6.2
City, at its sole discretion, shall assign Contractor to its designated zone.
City sha11 create a rota.tion list within each of the five (5} divisions that will dictate
the order in which wrecker companies are contacted.
Agreement for Police InitiaYed Towing Service Page 7 of 21
6.3 City may request Contractor to conduct a police initiated tow within any zone, and
Contractor agrees to use its best efforts to arrive at the seene of the police tow within thirty
(30) minutes for light duiy and medium duty tows.
7.
DUTIES AND RESPONSIBILi'TIES OF CONTRACTOR
City hereby grants to Contxactor the right to provide Police Initiated Towing
Services at City's direction to the areas commonly described as the North, East, South, West
and Central divisions loca.ted within the city limits of the City of Fart Worth and more
specifically demonstrated in E�chibit A. City reserves the right to change the boundary lines
of the divisions. Such change shall be at the discretion of the City. Contractor's right to
provide Police Initiated Towing Services in the Divisions is at the direction of City and is
initiated throu,gh the City's Police Department's Dispatch Communica.tian Division or other
means. The granting of this right by City does not guarantee Cantractors any quantity of
work or monetary gain. Additionatly, Contractor is required to inform City immediately
of any vehicle accident involving a towing vehicle operated by Contractor. City may
consider the accident, and the surrouncling circumstances, in reviewing Contractor's
performance under this Agreement. Contractor sha11 obey all traffic laws while
performing under this Agreement. Officers sha11 report all violations of this cont�act to the
appropriate City personnel. Coniractor, during the term of this Agreement, sha11 perform the
following duties and have the following responsibilities:
7.1 Records and Information.
The Contractor shall maintain on file with the City its name of the owner, president or chief
executive officer, business address, and telephone number; further, Contractor shall notify
the City of any change of ownership, president or chief executive officer, change of address
or corporate organization within five (5) City business da.ys of any such change. Contractor
shall mainta,in records of the vehicles towed and charges of tows from calls received for
police initiated towin.g. Records shall be maintained for at least three (3) years following
completion of the Agreement and shali be open for reasonable inspection by the City.
The failure to provide records to the City is a violation of the Agreement.
7.2 Response Time.
Agreement for Police Initiated Towing Service Page & of 21
Contractor shall be capable of receiving requests for services from City through the City's
Dispatch System or o#her means as required by City, on a 24 hour basis, 365 days a year
and immediately dispatch the requested Equipment and Personnel to the directed location
to perform services within the response time of thirty (30) minutes for light and medium
duty towing, except in extraordinary situations where delay is caused by ice, snow or
other weather related cond.itions. In the event Contractor fails to respond as required, City
may notify another wrecker Contractor and Contractor sha11 not be entitled to the
compensation to which it wouid have been entitled had it arrived within the 30 minute
time limit.
7.2.1 Response Time Violation.
The caurse of disciplinary action shall be up tv the City, including written notice,
suspension, and/or ternunation of contract, which can be taken if Contra.ctor violates
response times.
1) Company Disregard: The Contractor will be allowed five (5} `Company
Disregarded' calls within a thirty (�0) calendar day period. 'The term `Company
Disregard' sha11 mean those times wlien the company accepts the dispatch, but fails
to notify the Police Department's Communication Division within fifteen (15)
minutes from the time of notification if the Contractor is unable to respond within
the thirty (30) min.utes allotted for a response to a call for towing services, a
Contractor exceeds the thirty (30} minute response time and is late, or the Contractor
accepts the call and daes not come to the scene.
2) Company Decline: The Contractor will be allowed ten (10) `Cornpany Decline'
ca11s within a thirry (30) calendar day period. The term `Company Decline' shall
mean the Contractor receives notification of service under this Agreement, but does
not accept or wish to be dispatched to the scene.
3) City reserves the right to cancel wreckers at any point during this dispatch.
Contractors will not be penalized for the City canceling the ca11. Under na
circumstances will the City be invoiced or pay for City initiated cancellations.
7.3 Towin� to Auto Pound. Contractor shall deliver the vehicle being towed to the
Iocation within the corporate limits of City designated by the police officer at the scene af
Agreement for Police Initiated Towing Service Page 9 of 21
the police initiated tow. Delivery sha11 be made without delay or detour. Contractor
must:
1) Comply with the Auto Pound processing requirement listed in E�ibit B to this
Agreement;
2) Provide Police Auto Pound personnel with a signed Police Department
Wrecker Selection form at the time the vehicle is delivered to the Auto Pound; and
3) Fully cooperate with any investigation conducted by the City regarding
complaints against Contractor, whether or not such complaints arise aut of services
contemplated by this Agreement.
7.4 Citv Taxes.
Contractor shall not become delinquent in the payment of any taxes due to City or any
governing body or agency.
7.5 Solicitin�.
Cantractor sha11 not go to any accident scene unless the Contractor has been called to the
scene by the owner or operator of a vehicle or an authorized representa.tive of same, or by
the City. Contractor 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 �lie purpose of soliciting the business of towing, repairing, wrecking, storing, trading, or
purchasing the vehicle.
7.6 Debris Removal and Fluid Clean Up.
Contractor sha11 completely remove all debris, except known hazardous material, resulting
from any accident to which the Contractor is responding. Removal of debris shall not be
considered complete by merely sweeping it to the curb line. Contractor shall not pick-up
any known hazardous material, Texas Administrative Code, Title 3Q, Part 1, Chapter 327,
(Texas Commission on Environmental Quality, Spill Prevention and Control).
�.7 Emplo �ees.
Contractor will provide uniformsd wrecker operators. Uniforms must be clean and have
names of the company and the name of the operator on the outside of the uniform. All
personnel working under this Agreement sha11 be fu11y qualified and legaliy capable of
performing their individual job duties, including possessing any necessary licenses or
specialized training mandated by federal, state or local Iaws ar regulations. Contractor
Agreement for Police Initiated Towing Service Page 10 of 21
sha11 adhere to a11 laws and regulations concerning Drug Testing requirements set by
Texas Deparlment of Licensing and Regulation (TDLR)s Texas Administrative Code,
Title 16, Part 4, Chapter 86, Rule Section 86.710. Contractor's employees vvill comply
with aIl traffic laws when operating vehicles.
7.8 Meeting Requirements
Contractor shall attend City meetings as requested.
7.9 Compliance
�ontractor sha.11 manage all operations for the Divisions accordingly and ensure that
services are performed to industry accepted procedures that achieve safety, reliability and
the preservation of personal property in the possession or care of Contractor.
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VEHICLE STORAGE FACILITY INSPECTIONS
8.1 Defuvtion.
"Vehicle Stora.ge Faciiity" (VSF) shall mean a facility operated by a persan iicensed under
the Texas Occupations Code, Section 2303.002(8), or as amend.ed. Contractor must
maintain business operation twenty-four (24) hours a day, seven ('� da.ys per week three
hundred. and sixty five (365) days per year including holidays and weekends.
8.2 Contractor's Towing Operations.
Contractor shall have employees available and be capable of releasing vehicles in
accordance with this Agreement twenty-four (24) hours a day, three hundred sixty-five
(3b5) days a year including weekends and holidays. Contractor sha11 maintain, manage
and operate a currently licensed VSF located within the corporate limits of the City.
Contractor sha11 perform Towi.ng Operations under the laws, regulations, orders,
ordinances and guidelines of the State of Texas, Tarrant �ounty and the City of Fort
Worth.
8.3 Police Initiated Site Inspections.
VSFs and contractor's records shall be inspected by the City's Chief oi Police's
designated staff during the term of this contract. Any compliance failures with VSF
inspections in accordance with City's requirements sha11 result in suspension or
ternunatian of this contract.
Agt+eemenT for Police Initiated Towing Service Page 11 of 21
9.
SUSPENSION AND TERMIlVATION
All work performed by Contractor hereunder shali be performed to the satisfaction of the
City. The determi.nation made by the City sha11 be final, binding and conclusive on a11
Parties hereto. City shall have the right to suspend or terminate this Agreement, in
accordance with City Ordinance Chapter 34, Article 5. Should contractor's woxk be
deemed unsatisfactory to the City, termination, in whole or in part, will be made by the
City based upan recommendations from the Police Department. Ter�unation, in whole or
in part, should Contractor's work be deemed unsatisfactory, based upon recommendations
wi11 be made by the Chief or tlieir designee. At any time the City may conduct a
performance review of this Agreement. The information used in assessing Contractor's
performance may include the information submitted by Contractor and any other
information deemed pertinent by City.
9.1 This Agreernent may be suspended or ternunated by City to include, but not limited to,
any of the following causes: while under performance of this agreement:
1} Violation of any term and/or condition specified in this Agreement;
2) Pernutting a tow truck to be opera.ted by anyone while under the influence of alcohol
ancUor illegal drugs;
3) Performing services under this Agreement while consuming, or while under the
influence of drugs or alcohol;
4) Pernutting a tow truck to be nperated by anyone whose opera.tor's license is
suspended;
5) Transferring or assigning any call for service to any other Contractor;
6) Any sustained compla.int of theft by personnel of Contractor while aeting in their
capacity as employees of Contractor;
7) Any sustai.ned complaint of threats made by personnel of the Contractor while acting
in their capaeity as ernployees of Contractor made against third parties during a
police initiated tow or otherwise;
8) Failing to comply with all directions of police personnel at the scene of a police
initiated tow, civilian employees at the Police Pound, or civilian employees
perfornung inspectians or contract compliance duties;
Agreement for Police Initiated Towing Service Page 12 of 21
9) Failure to comply with any sta.te or federallaw or code or City ordinance related to
the operation of a wrecker Contractor;
10) Disobeying traffic control devices (traffic lights, stop signs, etc.);
l.1) Using any type of siren besides the ba.ckup warning signal;
12) Making any repairs or alterations to a vehicle obtained from a police initiated
tow;
13) Towing any vehicle which is occupied by any person, except as specifically
directed by a police officer;
14) Charging for services not performed or making duplicate charges for the same
service or charge any fee in excess of those permitted under sta.te 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.
9.2 When it comes to the attention of the Chief of Police that grounds exist for the
revocation of a contract, license or permit issued under this Agreement, a hearing may be
scheduled at the request of the Contractor through written notification to the Police
Department.
1) The Department may issue a notice to the Contractor of such heari.ng sent by
certified mail, return receipt requested, or by personal service.
2) A hearing notice sha11 be in writing and sha11 name the place, date and time of the
hearing. The notice shall also set forth a summary of �he charges.
3) A hearing shall be scheduled far a date no iater tha.� fifteen (15) days after the
notice is issued.
4) A designated Deputy Chief shall preside at the hearing as hearing oificer.
5) At the conclusion of a hearing, the hearing officer shall make written fmdings of
fact and conclusions without undue delay. The hearing officer sha11 further issue
Agreement for Police Initiated Towing Service Page 13 of 21
written orders appropriate to their findings within thirty (30) days of conclusion of
the hearing.
6) If grounds e�st for the revocatian af a license or permit, the hearing officer ma.y
order such license or permit revoked ar may order it suspended for a period not to
exceed six (6) months.
7) A copy af the findings, conclusions and order sha11 be delivered to the Contractor.
If the hearing officer suspends or revokes a license or permit, they sha11 further
deliver to the Contractor written notice of the right to appeal.
F[la
INDEMNTFICATION
10.1 General Indemnificatian.
With regard to any liability which might arise hereunder, City and Contractor agree
that they shatl be solely and exclusively liable for the negligence of its own agents, servants,
subcontractors, and employees and that neither party sha11 look to the other party to save or
hold it harmless for th� 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.
10.2 Environmental Indemnification.
CONTRACT4R D4ES HEREBY RELEASE, INDENINIFY, REIMBURSE,
DEFEND, AND HOLD HARM�,ESS THE CITY OF FORT WORTH AND ALL
PARTICIPATING CITIES, THEIR OFFICERS, AGENTS AND EMPLOYEES
FI20M AND AGAINST ANY AND ALL ENVIRONMENTAL RELEASES
ANDfOR DAMAGES AND THE VIOLATION OF ANY AND ALL
ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE HANDLING,
COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT,
RECOVERY, ANDIOit REUSE, BY ANY PERSON, OF HA7AR�OUS WASTE
WI�N SAID ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID
ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF ANY ACT OR
OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, 4R
SUBCONTRACTORS, OR THE JO1NT ACT OR OMISSION OF
CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
SUBC4NTRACTORS AND ANY OTHER PERSON OR ENTITY.
Agreement for Police Initiated Towing Service Page 14 of 21
11.
VV��tRANTY
1l. 1 Contractor warrants that it understands the currently known hazaxds and suspected
hazards which are presented to persons, property and the environment by hazardous waste.
Contractor 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 sha11 not constitute or be deemed to
be a release of the responsibility and liability of Contractor, or its officers, agents,
employees, or subeontractors, for the accuracy and competency of their services provided
under the Agreement.
11. 2 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 wsmatured, foreseeable or unforeseeable, including without limitation
reasonable attoiney'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
limitarion:
.w
b.
Damages for personal injury and death, or injwy to property or natural resources;
Fees incurred for the services of attorneys, consultants, contractors, experts,
laboratories and alI 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 af any feasibility studies or reports of
the performa.nce of any eleanup, 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 e�stence of such monitoring wells
or violations or
Agreement for Police Initiate@ Towing Service Page 15 of Zl
c.
11.3
environmenta.t requirements, and including without limitation any attorney's fees,
cosYs and expenses incurred in enforcing thia Agreement or collecting any sums due
hereunder; and
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 a11 applicable present and future statutes,
regulations, rules, ordinances, cades, licenses, pernuts, orders, approvals, plans,
authorizations, concessions, franchises, and similar items, of a11 governmental agencies,
departments, commissions, boards, bureaus, or instrumentalities of the United States, sta.tes,
and political subdivisions thereof and all applicable jndicial, adtninistrative, and regulatory
decrees, judgments, and orders reIating to the protection of human health or the
environment, including without limita.tion:
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, contasninants or
hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous
in nature, into the air, surface water, groundwater, storm water, or land, or relating to
the manufacture, processing, distribution, use, treatrnent, stora.ge, disposal, transport,
or handling of pollutants, contaminants, or hazardous or toxic substances, materials,
or wastes, whether solid, liquid, or gaseous in nature; and
All requirements pertaining to the protection of the health and safety of employees
and/or the public.
12.
ASSIGNMENT
Contractor sha11 not assign, transfer or sublet this Agreement or any portion hereof
to any party without the prior written consent of City that sha11 not be unreasonably
withheid. Any such assignment, transfer or subletting of this Agreement without the
consent of the City sha11 be void and sha.11 operate as a termination hereof.
Agreement for Police Initiated Towing Service Page 16 of 21
13.
II�DEPENDENT CONTRACTOR
It is understaod and agreed by the parties hereto that Contractor shall perform all
work and services hereunder as an independent contractor, and not as an officer, agent,
servant or employee of the City. Contractor shall have exclusive control of and the
exclusive right to control the details of the work or service to be p�rformed hereunder, and
all persons performing same on behalf of Contractor, and sha11 be solely responsible for the
acts and omissions of its officers, agents, servant�, employees, contractors, subcontractors,
licensees and invitees. The doctrine of respondeat superior sha11 n4t apply as between the
City and Contractor, its officers, agents, servants, employees, contractors and
subcontractors, a.�d nothing herein sha11 be consirued as creating a part�iership or joint
venture between the parties hereto.
14.
_r�
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 Wor�h
Division.
15.
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 unenforceab�, the remainder of the terms, sections, subsections,
sentences, clauses, phrases, grovisions, cavenants, conditions or any other part of this
Agreement sha11 remain in full force and efFect and shall in no way be affected, impaired
or invalidated.
Agreement for Police Initiated Towing Service Fage 17 of21
16.
APPLICABLE LAW
This Agreement is to be construed, governed and enf'orced under a11 applicable
Texas and federal law and a11 City ordinances.
17.
ENTIRE AGREEMENT
This Agreement embodies the complete agreement of the parties hereto superseding
a11 oral or written previous and contemporary agreements between the parties relating to
matters herein; and except as otherwise provided herein, cannot b� modified without written
agreement of the parties.
E:
AUTHORIZATION
The undersigned officers and/or agents are properly authorized to execute this
Agreement on behalf of the pa.rties 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 fizil force and effect.
�
Agreement for Police Initiated Towing Service Page 18 of 21
IN WITNESS WHEREOF, the parties hereto ve executed this a ee ent in multiples
in Fort Worth, Tarrant County, Texas, this � day of � r'���, A.D. 2013.
CITY OF FORT WORTH
���� ���� ��
harles W. Danieis
Assistant City Manager
Date: ��, ��� �, / ; —
....• • � • � � � �
w. �
Je ey Ha stead
Chief of Police
Date: `� ' l'l 3 .
APPROVED AS TO FORM
AND LEGALITY
Jessica
Attorney
M&C Nutnber: _ � � � � �(� �
Date Approved: � / ,�2 �' / � � / �'
City Ordinance: Article V, Wreckers
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OFFICIAL RECORD
�ITY SECRE�'ARY
; �.
CONTR.ACTOR NAME
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p�,Vnt��
Print Name%�`�i� �'1si�� ,( , /V % f � s't�� A � d "1-�
President\Owner
Date: �� � ;�' �� - :� ,) j �A
r �+
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Agreement for Police Initiated Towing Service Page 19 of 21
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FW POLICE AUTO POUND OPERATIONS
The following rules and procedures shall be observed by Contractor upon arrival at
the Police Auto Pownd.
1. The Auto Pound entry gate sha11 not be obstructed by Contractor waiting to enter the
Auto Pound Facility.
2. Contractor shall not enter the Auto Pound with more tha.n one (1) person/operator
unless authorized by the City's on-duty shift supervisor.
3. For safety precautions, Contractor sha11 be required to off-loatl a11 Tilt Bed/Roll
Back cargo.
4. Auto Pound inventories sha11 be handled in an expeditious manner. Auto Pound
personnel sha11 conduct a complete inventory of all property and vehicles.
5. Contractor sha11 not assist Auto Pound personnel with inventory.
6. Cont�actor shall be required to follow directions and inshuctions of Auto Pound
personnel.
7. Contractor sha11 assist and comply with any investigation performed by Auto Pound
personnel or the FW Police Department in a11 regards.
8. Violations of any of the above sha11 be reviewed by the City's Senior Contract
Compliance Specialist or the Auto Pound Supervisor.
Agreement for Police Initiated Towing Service Page 21 of 21
M&C Review
��. µ� � � � � `�
DATE:
C�%7 �] �
Page 1 of 2
O�cial site oP the Ciry of Fart bVorth, Texas
�(���i �'�(��'�f i
COUNCIL ACTION: Approved on 9/24/2013
_�<�� -�... . .�. .�, m�� .. �;: x ���.;��_ . �. ,w��s,,. ., n��.� � �..,_� o . , ��:,w �,� .:� r.t�., .�, . .� ,r.. .� �,�
REFERENCE ** 35FY14POLICE
9/24/2013 N� : C-26465 LOG NAME: INITIATEDTOWING
C
TYPE:
PUBLIC
CONSENT HEARING: NO
SUBJECT: Authorize Execution of Agreements with Compliant Wrecker Companies for Police
Initiated Towing Services for the Police Department (ALL COUNCIL DISTRICTS)
��� ..����,�.����� ����, ���.,� � ,����..�� : �x������_�_� .�,�7::.��a��:_w ��������, ,_n��,�� �-a��f s�
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Agreements with compliant
wrecker companies for police initiated towing services for the Police Department.
DISCUSSION:
On September 18, 2012, (M&C C-25842) the City Council authorized extending contracts for one
year 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. On July 3, 2013, the City released a Request for Qualifications (RFQ) to provide police
initiated towing services for the Fort Worth Police Department.
Annual costs for Fiscal Year 2014 are estimated to be in the total amount of $1,600,000.00. For
Fiscal Year 2013, the estimated cost is in the amount of $1,382,304.00 for all contracts. These costs
are offset by fee revenue.
BID ADVERTISEMENT - This RFQ was advertised every Wednesday in the Fort Worth Star-
Teleqram from July 3, 2013 through August 7, 2013. Fifty-two vendors were solicited from the
purchasing vendor database; twenty-nine proposals were received.
The proposals were reviewed by an evaluation committee that consisted of staff from the Police
Department. The committee ranked the qualifications based on the evaluation factors outlined in the
RFQ, including current operations, prior experience, success in the towing industry, safety record,
compliance, claims and litigation, reputation, equipment and completion of the qualifications. The
committee selected 24 companies to enter into Agreements with for Fiscal Year 2014.
PRICING ANALYSIS - The annual estimated cost is 16 percent higher than pricing on the Fiscal Year
2013 Agreements. However, costs are offset by fee revenue.
M/WBE Office - A waiver of the goal for MBE/SBE subcontracting requirements was requested by the
Police Department and approved by the M/WBE Office, in accordance with the BDE Ordinance,
because the purchase of goods or services is from sources where subcontracting or supplier
opportunities are negligible.
AGREEMENT TERMS - These Agreements will have a one-year initial term beginning on October 1,
2013 through September 30, 2014.
RENEWAL OPTIONS - These Agreements may be renewed for up to four successive one-year terms
at the City's option. This action does not require specific City Council approval provided that the City
Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds will be available in the Fiscal Year
mhtml:file://C:\Documents and Settings\scottt\Local Settings\Temporary Internet Files\Co... 10/4/2013
M&C Review
2014 operating budget, as appropriated, of the General Fund, in accordance with the budget
approved by the Fort Worth City Council on September 17, 2013.
TO Fund/Account/Centers
FROM Fund/Account/Centers
GG01 462624 0357201 0.00
Submitted for City Manaaer's Office by:
Oriqinating Department Head:
Additional Information Contact:
ATTACHMENTS
Vendors attached to MC.doc
GG01 539120 0357201 0.00
Charles Daniels (6199)
Jeffrey W. Halstead (4210)
Aya Ealy (4239)
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