HomeMy WebLinkAboutContract 44929 (2)� • , • � , � , , � , � , � .IP .' _ _ '�' � ':
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WHEREAS, the City of Fort Worth occasionally requires the services of tow
tt-ucics; and
WHEREAS, such wrecicer 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 refen•ed to as "City," acting herein by and
tlu•ough Charles W. Daniels, its duly authorized Assistant City Manager, and l�ecovery
Systems Inc., dba/A�C Wrecicei•, hereinafter refe�7ed to as "Contractor," acting herein
by and through George Green, Owner, its duly authorized representative, agree as
follows:
1.
SERVICES
City hereby contracts with Contractor to provide police initiated wrecker seivice.
City, through its Police Depar-tment, shall dispatch Contractor from a police initiated
rotation list to vehicles that have either been 1) abandoned; 2) involved in a collision; 3)
parlced or operated in violation of law; and/or 4) are to be checiced for evidence
(including recovered stolen vehicles and vehicles belonging to individuals in the custody
of the police). Contractor shall perform a tow at the direction of any City police off'icer.
Conh•actor shall obey the directions of police officers in performing such tows and shall
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 this Agreement shall begin on October 1, 2013, anci expu•e on
September 30, 2014. In addition to the initial term of this Agreement, thet�e shall be four
options to renew for terms of one year each, unless earlier terminated as hereinafter
pi•ovided. Renewal shall occur upon City including in its budget for the option years
sufficient funds to pay for• its obligations hereunder.
f�ECEIVED QCi" � 3 ����
OFFICIAL RECORD
C�'iY SECRETARY
�T. 9�901RVH, TX
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ag�•ees to pay Contractox a� follows for lighi duty and medium duty t€aws:
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thirty-five dollars ($135.00) for towing such vehicle from one point on a street to
another location within the corporate limits of the Ci-ty as directed by the police
officer af the �lace where the tow originated;
2) �econd iovv trucic. In the event the tow truck driverr at the scen� determines ihat a
second tow trucic is required, a char�e of on� hundred thirty-f ve dollars (� 135.00) per
hour, v�iih a minim�n charge of one hour, for assistanc� in �learing �the scene af an
accident. 1� polic� supereiso�° mu�t approve, in vv�citin�, the �ase of a second tow �ru�k.
Travel time is excluded.
3) Additional Char�es. An additional charge shall only be allowed vahen autho�°ized by a
police officer at the scen� of the police initiated tow. An additiona.l char�e shall
exclude travel time �nd waiting time. An additional charge of one hundred dollars
(�100.00) per hou�, charged in increments of fifteen (15) minirt�s ai a char�e of
�25.00 per incremeni, foi° removing vehicles located in sorrie iuzusua.l condiiion such
as, but not linlited io, an unu�ual circumstance within the �ight-oi �uay, a pive� �r a
ci°eek bed or a ditch of greater depth than the ordinary ba.�• ditch. Such charge io be
made fiorcri ihe time the operator begins to remove the vehicle until it is on the
iraveled portion of the street.
4�) Use of a dollv. No additional fee shall be chaxged fox• the use of a dolly on a
Standard Wrecker tow.
3.2 As compensation for �roviding the services contemplated by this Agreement, City
agrees to pay Contractor as follows for heavy tow�:
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towing such vehicle from one point on a s�eet io anothei° location w�t�in ihe
corparate limits of the City as directed by a City �olice officer ai the �lace
where the tow �riginated. T'he minimum charge shall be for one hour; after
Agreement for Police Initiated To�ving Seroice
Page 2 of 23
the f�rst hour, iime shall be billed for in incremenis of f�fteen (15) ininut�s, ai
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dete�nines that a second tandem axle �ow irucl� is required9 a charg� of two�
hundred sixt�en dollars (�216.00) per hour billed in incgements of �ifieen (15)
minutes �hile ai the scene of ihe police initiated to�, �vith a, rr�inimuna �harge
for ane hout°, for assistance in clearin� the scene of an accideni. A police
superviso� must approve, in w�iting, the use of a second to� i�°ucko �'ravel
time is excluded.
3) IZeimbursable. In the event Con�ractoY• is �°equired to �°ent equipment or
other mat�rials specifcally related to a police initiated tow, as directec� in
writing by a police supervisor at the scene, Contractor shall be r�imbursed ihe
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4) Exna helt�. An additional char�e of twenty dol�ars (�20.00) p�Y e�n�loy�� �er
hour, with a minimum charge of four (4) hours or ��0.00, when autharized in
writing by a police supervisor at the scene of the police initiated tows.
5) Air cushions.
a.) itegular cushions � A chaxge of one hundred�fifty dollars ($150.00) �er
hour, peY• cushion, vvith a minimum charge of one hour or � 150.00. After ihe
f�rst hour, billing shall be in increments of ffteen (15) minuies.
b.) 'I'anker cushions � A charge of fou� hundred dollars (�400.00) per hour,
per cushion, with a minimum charge of one hour or �400.00. l�fter the f�st
hour, billing shall be in increments of fif€een (15) minutes.
c.) I'rior a�proval by a�olice supervi�o�c at the scene of a police initiated tow
is required for the reimbursement for the use of air cushions.
6) Tractor hvdraulic tilt tail lowboy and other specialized e�c ui�ment. A chayge
of three hundred �ixteen dollars ($316.00) per hour, two hou�� minimum, with
subsequent increments being charged as �79.00 per 15 minuie incYement, if
prior v�nitten approval of a police supervisor is abtained at the sc�ne of the
police initiated iow. The police su�ervisor sha�l sign the wreck�x seleciion
Agreement for Police Initiated Towing Service
Page 3 of 23
forrn when a tractor, hydraulic tilt ia.il, lowboy or oiher° specialized �quiprrient
is used. Should a l�otator �iilrecker t�e ��qui�°ed a.t1d a�prov�d by the �olic�
Of�icer on the scene, a char�� of foux hundred dollat°s (�400.00) �7�T �lOL1T, �ro
hot�r nninirxium, with sLtbsequent 15 minute ancre�ents being char�ed as
$100.00 per in�rement, �ith p�or written approval fi•orri the Police supe�°vi�ot�
on the scene.
3.3 Rotation Tows. Coni7ractor shall not exceed the fee �tructtire for police initiated
tows �er%rrried under this Agreement; as detailed in �ections 3,1 and 3.2 a�ove,
i.e., �har�es shall not �xc�ed the standard �e�s allowabl� unde� th�s f���°een�enc.
Nothing contained herein shall be constrru�d so as to �bli�aie City io ex�end an�
sums of money. Further, nothin� coniained h�rein shall b� consirrued so �s to
�uarantee io Contractor thai Cit� v�rill coniact Contracto� for any towing sez-vi�es
contemplated by this Agreement.
3.4 Invoicin� and �a�ment. ContY°actor shall invoice Ciiy once per rraonih, no laier
than the fifih worlcing day of the month followin� services. Cont�actor �hall
include with the invoice such documents as may b� reasonably �eq�xest�d to
provide evidence of the ser�ices provided to the City, which at a minimum shall
include all infoY°mation entered on the wrt�ecicer selecii�n form by the �fficer �t the
scene of the �olice initiated iow and/or �eYsonnel at the Fo�t �Io�th A�ato I'ound.
Such invoice shall be subject to the review and app�•oval of ap�ropriate City
personnel and the Police P�uto Pound Supervisor. City shall r�mii �ayment to
Contractor within thirty (30) days following ieceipt and app�oval of a��operly
prepared Contractor invoice.
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Contracior �hall �orovide all vehicle� and equipment necessary to perform Police Initiated
To�tin� �ervices in ihe l�ivisions they are assigned. All vehicle� and equipment shall be
in �ood warking order for the duration ofihis Ag-�°°eement. Contracior shall supply, u�on
request by Ciiy, a list of Contractor vehicles and equipment inventory dedicaied to
perfo�nance of thi� 1-��reemeni.
Agreement for Police Initiated Towing Service
Page 4 of 23
4.1 �lehicles.
a) Contractor must maintain a minimum of fou�r (4) �ecicers to include a minimum o�f
two (2) tilt bed/roll back/flat bed dual rea�� wheel wrecicegs and a minimum of two (2)
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Y�equirements.
(1)Standard and Car Carrie�c. 1� minimum of fou� (4) wreckers, one of �vhich shall
be not less ihan 14,000 pounds �ross vehicle weight and one of which shail be r�ot
less than 10,000 pounds gross vehicle weight, dual �ea� �heels, equi�ped �vith a
hyd�aulic operaied winch, winch lines, and a boom Y•ated ai noi less ihan b,000
pound lift capacity and a wheel lift device rated at not less than 2,500 �ounds. l�
minirnum of iwo (2) tilt bed/roll bacic dual rear wheel wreckers rated at not less
than 14,000 �ounds �ross vehicle wei�ht.
�2) �'andem Axle T'o�v Triack. 1� minimum of two (2) tandem �le (heavy duty)
wreckers rated at no� less than 54,000 gross velucle �ei�ht (G`IVVIg}, equip�ed
with two hydraulic winches and winch lines with a bootx� tatecl at not less than 50
tons and under lift ca�acity of 50,000 pounds.
(3) Each vvrecker shall have and mainta.in curient ide�tifying rmarlcings requi�•ed
by th� Texas 'I'ransportation Code, �ection 642.002, as sarne gnay be amended.
(4) All of Contractor's vehicles shall have
(a)1'exmanent labeling on each side door of th� vehicl� with the Ta�
Contrracio�'s name, physical address (street, city, �tate, zip �ode), and
phone number•;
(b) A four�way emer�ency flashing system and at lea�t one flashin� amber
light (or other color perc�nitted by State law);
(c) Por�table auxiliary brake lights, emergency flasher, iurn signal, and tail
li�;ht with protective pads/covers on the bottom, for use on �owed vehicles;
(d) A warning alarm, clearly audible above the surYounding noise in the
vicinity and designed to sound when ihe tow vehicle is shifted into xeverse
to signify that the vehicle is backin� up;
(�) Dual ReaY Tires, adequate in size and ratin� fo�° the size and weighi of
the tow truck, �vith not less than 3/32nds inch af tread and mounted on
Agreement for Police Initiated Towing Service Page 5 of 23
rims se�ured �nrith ihe manufactur�r's recomrnended number of lug nt�ts;
and
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boom rated at not les� than 50,000 pounds and unde�c lift ca�acit� lift
capacity of 50,000 pounds.
4.2 Equipment.
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following minirnurrn c�iteria:
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12)
13)
14)
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T'ow bar;
Towing li�his9
Emergency overhead wa�°ning lighis9
Safety chain;
Fir� extin�uish�r (10 pounds; A.�.C. Type);
C� ow bar;
Push �room;
Shovei;
��nerg�ncy refle�iors o�° traffic cones;
'Trash container;
��.ckin� warning signal;
i�Iheel chocks;
I3ollies (Standard Tova Truck Only);
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state and lo�al laws;
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communicaiing with the Contractor's dispatcher at all tirr�es. Such
equi�ment shall be approved and licensed in accordan�e vvith federal
Iaw; and
AgreemenY for Police Initiated Towing Service Page 6 of 23
16) Any other equipment �equired b� stat� la�v.
4�.3 Ins ection. Each iow iruck and the required equi�meni shall be i�spected by the Chief
af Police's designated staff followin� the execution of this Ag��eement on an annual ba�is.
In addition, each tow truck and the required equipment shall be stibject to int�r�tnittent
inspection by the City io assure compliance with this Agreerment. The inspection
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Contractor shall maintain in�urance fi•om insurers acceptable to City oi the following types
and amounts:
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$500,000 each a�cident, other than auto
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�1,000,000 each accident, combined single limit
This coverage shall include a11 vehicles own�d or non-a�ned ihat are
operating under Contractar's ope�ating authority p�rfornung sei�ices under
ihis Agre�ment.
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$50,000 per unit
Coverage sha11 include both the unit being towed and it� cotlients. Units
covered shall include but not be limited to moto� vehicles, t7cca.ilers and boats.
Co�erage shall be wi•itien on a ciirect pri�aary basis,
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Agreement for Police Initiated Towing Service Page 7 of 23
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5.6 Con�ractor sha11 maintain insuY°ance coverage ai all tiines. Cur�c�nt insurance
certi�icates shall remain on f le with the Cii� during the term of this l�greeme�te Ii 1s the
�esponsibiliiy of the Contractor to submit updated insurance to the City. Insurance cove�age
may, at the sole discretion mf the City, be revised upward upon thirty (30) calendar days
pr°ior written notice to Contracto�•. Policies shall be endorsed as foilo�s:
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insrared on all policies except employer's liability insurance co�erage tznde�• the
worl�ers' compensation insurance policy.
2) Certifica�tes of insuranc� shall be delivered to the C�rants and Contracts Seciion,
350 W. �elknap Street, Foi�i �7+lorth, TX 76102, p�ior tm any work bein� �eY°formed
undeY° thi� Agreement.
3) Any failure on pa.rt of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements specifed h�rein.
4) Each insurance policy sha11 be endorsed to p�ovide ihe Ciiy a mia�imum thi�°�y (30)
calenda�° day notice of cancellation, non-xen�wal, and/or material change in �oolicy
terms ar coverage. 1� ten (10) calendar day noiice shall be acce�iable in the �vent of
non-paymeni of prenruum.
5) Insurers rnusi be authorized to do business in the Staie of Texas and hav� a
curxent A.NI. Sest rating of A: �7II or equivalent measure oi �inancial strength and
solvency.
6) I�eductible limits, or self funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise a�proved by the Cityo
7) Other than worker's compensation instuance, in lieu of traditional insurance, �ity
may consider alternaiive coverage or �isk treaiment measur�s throu�h ansurance �ools ot°
risk retention g7oups. The City must app�rove, in writing, any alternative coverage.
�) V�IoY°ker's compensation insurance policy(s) covering employees shall be endorsed
with a waiver of subrogation providing rights of recovery in favor of the Ciiy.
9) City shall not be responsible for the direct payment of insuY°ance premium costs.
Agreement for Police Initiated Towing Service
Page 8 oi 23
10) Insurance policie� shall each be endorsed to provide that such insurance is
primary protection and any self-funded or commercial caveYage maintained by City
shall not be called upon to contribute to loss recovery.
11) Con�•actar shall report, in a timely manner, io the (irants and �ontracts Seciion of
any known loss occu�•rence that could give rise to a liabilit� claim or lawsuit or ihat
�ould result in a p�op�rty loss.
12) �ont�•actor'� liability shall noi be limited to ihe spe�ified amoiflnts of in�urance
required herein.
13) Upon the reques� of City, Cont-�acto�° shall provide com�leie copies of all
insuxance policies �equired by these Agreement documenis.
S.7 In the event a state or federal law, iule or xegulation pertaining to wlrecket• service
companies operating within the State of Texas exceed insurance xequirements specified
herein, such state or federal law, rule or regulation sha11 prevail for f11e respective type of
insurance coverage and/or limit ther�of.
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6.1 �ity, at its sole discretion, shall assign Contractor to its designated zone.
6.2 City shall create a rotation list within each of the five (5) divisions that will dic�ta.te
the order in vvhich wrecker companies are contacted.
6.3 City may request Coniractor to conduct a�olice iniiiated tow within any zone, and
Contractor agrees to use its best efforts to arrive at the scene of the palice tow within thit•ty
(30) minutes for light duty and medium duty tow� and forty �ive (45) minute� for heavy duty
tows.
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City hereby grants to Contractor the right to �rovide F'olice Initiaied Towing
Services at City's direciion to the areas commonly described as the I�orth, East, South, W�st
and Ceniral divisions located v�rithin the city limits of the City of Fort �Torth and moxe
specifically demons�raied in E�iibit �. City reserves the right to change the bot�ndary lines
oi the divisions. Such change shall be ai the discretion of the City. Contractar's right to
provide Police Initiated Towing Sei�vices in the I�ivisions is at the digection of City and is
Agreement for Police Initiated To�ving Service Page 9 of 23
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means. The granting of this rright by City does not guaY°anie� Contracto�s any quantity of
worck or rnonetaary gain. Additionally, Contractor is required to inform City irnm�diately
of any v�hicle accident involving a towing vehicle op�rated b� �ont�°acto�. �ity rnay
consider ihe accident, and the �urrounding circumstances, in �eviewin� Co�at�actor's
performanc� unde� �his Agreem�nt. Coniractor shall obey all tr�affic laws while
performing under this Agreement. Oftiicers shall re�ort a11 �iolat�ans �f thi� �ontract io the
appt•opriate City personr�el. Cont�actox, during the ierm of this Agre�meni, shall �aerform the
following duiies and have the follo�rin� responsibilities:
%.1 lZecords and Info�naiion.
�I'he Conticactor shall rnaintain on file with the City its nasne of the ownet°, �resident or chief
ex�cuiive officer, bu�iness address, and telephone number; fiu°�her, Contractor shall notify
the City of any chan�e of ownershi�, president or chief executiv� officer, charige of address
or corporate o�°�anization within five (5) City business days of �.ny such �hange. ConiY•acto�•
shall maintain records of the �ehicles towed and charges of iows irorri calls re�e�ved for
police initiated towing. �2ecords shall be maintained for at l�ast three (3) yea.�s %llowin�
completion oi ihe Agreement and shall be open fox �°easonable inspection by the City.
The failure to provide records to the Ciiy is a violation of the Agreement.
7.2 l�esponse Time.
ConiractoY shall be capable of receiving requests fo� services fi°orn �ity through the Ciiy's
I�ispaich System or oiher means as required b� City, on a 24 hour basis, 365 days � yeauc
and immediately dispatch the requested Equipment and Pe�so�nel to ihe directec� locadion
to perform services within the response time of thirty (30) minutes for light and medium
duty iowing and %rty�f ve (45) minutes for heavy duty todvin�, ex��pt in extraordin�°y
situatians where delay is caused by ice, snow or othe� weather �celated conditions. In the
event Contractor fails to respond as required, City may notify another wrecker Contractorr
and Contractor shall not be entitled to the compensation to which it �ould have been
entitled had it arrived within the 30 minute time limit.
�lgreement for Police Initiated Towing 5ervice Page 10 of23
i.2.1 l�esponse Time Violation.
T`he couicse of disci�linary action shall be up to the City, including v�•i�cen notice,
suspension, and/or tex°mination of contract, which can be taken if Cont�•actor violat�s
response times.
1) Company I�isre�ard: The Coniractor will be allo�ved fi�� (5) `Campany
I�isregalded' calis wiihin a thirty (30) calendaY° day period. The ierrri `Com�any
Disregat•d' shall mean those times when th� com�any accepts ihe dispaich, bui fails
to noiif� the I'olice I)eparhnent's Communication Division vv�thin �iiteen (15)
minutes fiom the t�ne of noiification if the Contractor is unable to res�and within
ihe ihiriy (30) minutes allotted foi° a respons� io a call for tovv�ng se�avices, a
Contraciorc exceeds ihe thirty (30) minute response tirne and is late, or �the Contracto�•
acce�ts the call and does not come to the scene.
2) Campany I�ecline: T'he Contractor will be allowed ten (lOj `Compa.riy I�ecline'
ca11s within a thi�-ty (30) calendar day pei�od. Th� term `Cornpany I���line' shall
mean the Contractor �eceives notification of service under ihis l�greemeni, bui does
not accept or wish to be dispatched to the scene.
3) City reserves the right to cancel wreckers at any �oint duran� this c�ispatch.
Contraciors will not be penalized for the City canceling ihe ca11. Unde�• no
circumstances will the City be invoiced or pay for City initiated cancella�ons.
7.3 Towin� to Auio Pound Contracto� shall deliver th� vehicle bein� towed to the
location wiihin the corporate limits of City designaied by the police of�ic�r at the scene of
tl�e �olzce initiated tow. I)elivezy shall be made without dela� ar detour. Cantractor
must:
1) Comply with ihe Auto Pound processing requirement li�ted in Exhibit � to this
Agreement;
2) Provide Polic� Auto Pound personriel with a si�ned Police I)e�a.�iment
�recker Selectio� farm at the time the vehicle is delivered io the �uio Pound; a.nd
3) Fully coo�erate v�rith any investigat�on conducted by the City rega.;cding
complaints against Coniractor, whether or not such complaints arise oui of services
�ontemplated by this Agreement.
Agreement for Police Initiated Towing Service Page I 1 of23
7.4 Cit`y Ta��e�.
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7.5 5olicitin�.
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scene by the owner or op�rato� of a vehicle or an autho�ized represen�ative af same, or by
the �ity. Coniracto� shall not soli�it any wreck�r business within ihe corporate l�mits of
City at the sc�ne af a v�ecked or disabled vehicle, �ce��dless af whethe�° �the solici�ation is
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consideged compleie by merely s�ve��ing it to the cuY�b line. Contracio�° �hail noi �ick�up
any 1�nown hazaa.Ydous mate�°ial, Texas Administrativ� Code, Titl� 30, P�.rt l, Cha�te� 327,
(Texas Commission on Environmental Quality, Spill l'revention and Contrrol).
%.% Em �loyees•
Contractor will provide uniformed wrecker operators. Uniforms rnust be cl�an and have
names of the company and the narne of the op�rator on the ouiside of the t�nifo�m. f�ll
�ersonnel wo�•icin� under this �g�eement shall be fully qualifed and le�ally capable of
perfoi°ming their individual job duties, includ�n� possessing an� necess�,ry licenses or
specialized tt°aining mandated by federal, �tate or local laws or �egulation�. Con�ractor
. .� - _ � , � _� � � � _ y � � _ � �
.� - _ .
� - �� , t _ � _ � " - _ � . � ! '` , � �: �� : � , t�
_ � rr � .� _ • ,' _ ._ � ;• 1 r , '• - t • --, � „�,,
with all traffic laws when operating vehicles.
. � '-�
�' • � � • "t -1
Agreement for Police Initiated Towing Service Page 12 of 23
%.9 �om liance
Cont�°actor shall manage all opeY•ations fo�• the I�ivisions accordingly and e�sure that
�ervices �t•e performed to industzy accepted procedures that ach�eve safe�y, reliability and
the pre�ervation of personal �roperiy in ihe possession or care of �oniractar.
�
.. ..� � j ,. � , ..` ��
,'
�.1 Definition.
"�ehicle 5torage Facility" (V�F) shall mean a faciliiy operat�d by a person licensed under
the Texas Occupations Code, Section 2303.002(�), or as amended. Contractor must
maintain business operation tweniy-four (24) hours a day, seven (7) days per weel� thlree
hundred and sixiy �ive (365} days per year including holidays and �eekends.
�.2 Contractor's 'I'owin� O�erations.
Contractor shall have eyn�loyees available and be capable of r�leasing v�hicles in
ac�ordance wiih ihi� l�gre�ment twenty-four (24) houY°s a day, three hua�dred sixiy-five
(365) days a year including weekends and holidays. Contractor shall �ainta�n, mar�ag�
and operaie a cturt�ently licensed VSF located v�rithin the �oYporate li�ts o� t�e City.
Contractox shall pe�%�rri Towing Operations under the laws, regulairons, order s,
ordinances and guidelines of the State of Texas, Tarrant Couniy and the City of Fort
�hJorth.
8.3 Police Initiated Site Ins�ections
�IS�s and contractor's r�cords shall be inspected by the Citygs Chiei of 1'olice's
desi�nated �taff during the t�rm of this contract. An� compliance faiiut°es �vith �ISF
inspections in accmrdanc� with Ci�y's requiremenis shall result in suspension or
terYnination of this contract.
9.
wf�-• � � � • � � �
1-�11 work pe�•formed by Contt•actor hereunder shall be performeci to ihe satisfactian of the
City. The determination rnade by the City shall be final, binding and conclusive on all
Parties hereto. City shall have the right to suspend or ter�rninate this Agreement, in
accordance v�iih Ciiy Ordinance Chapier 34, Article 5. Should coniracio�•'s �rork b�
deemed unsatisfaciory to the City, termination, in whole or in pari, will be made b� the
Agreement for Police Initiated Towin� Service Page 13 of 23
City based upon recommendations from ihe Police I�epartment. Terminaiion, in �rhole oY•
in part, should Contractor°s work be d�emed unsatisfac�o�y, based u�on Yecommendaiions
wi11 be made b;� the Chief oY• their designee. At any iirrie the City may conduct a
�erformance �°evie�v of this Agreement. The info�mation used in assessing �ontractor's
performance may include the inforination submi�t�d by Cor�tractor and any oth�r
information deemed pertinent by City.
9.1 This A�•eement may be suspended or ierminated by Cit�r to ir�clude, but not limited to,
any c�f the following causes: while under �erformance of this a�reemen�:
1) Violation of any term and/or condition specified in ilus A�re�meni;
''_ _ . � � � r- t�- . -� � . � _ � �_. _ � -
t . _� �'.
and/or illegal dr�u�s;
3) Performin� services under this Agreement while consumin�, or ivhile under the
influence of drugs or alcohol;
4) 1'ermitting a tow truck to be operated by anyone whose operator's licens� i�
sus�ended;
5) Transfer�in� or assigning any call for service to any other Contractor;
6) Any susta.ined complaint af theft by personnel of Contractor wlule acting in their
capacity as employees of Contractor;
_ � , -r , • r , � -, ,�- � �- ♦ -' t _ ` � . • _ , �
in their capacity as employees of Contractor made againsi ihird pariies duxin� a
police initiated tow or othe��wise;
8) Failing to com�ly with all directions of police personnel at the �cene of a�olice
iniiiated tow9 �ivilian erriployees at the Police Pound, or civilian employees
performing inspections orr contract compliance duties;
9) Failure io com�ly v�rith any state or federal law or code or City ot•dinance related to
ihe operation of a wrecker Contractor;
10) I�isob�ying traf�c control devic�s (traffic lights, �top signs, etc.);
11) Using any type of siren besides the backup warning signaP;
12) Making any repairs or altet�ations to a vehicle obfained from a�olice initiated
iow;
Agreement for Police Initiated Towing Service Pa�e 14 of 23
13) Towing any �ehicle which is occupied by any person, except as specifically
directed by a police officer;
14) Charging for se�vicc� not performed or making duplicate charges for the same
service or charge any fee in excess of those permitted under state law or this
A�r�ement;
� r • . _ � r• _ � � = .�- � '- � , � - � ,; r' - �- �
16) �eing verbally or physically offensive, abusive, disrespectful or di�courteous to
any customer, motorist, City employee or any other� pe�°son;
17) Inappro�riate touchin� any customer, motorist, Ciiy employee oi any other
person; or
1�) Operating any vehicle or other equipment in ihe performance of this Agreement in
a car�less, reckless, or negligent manner.
9.2 When it comes io the att�ntion of the Chief of Police ihai g�•ounds exist for the
revocation of a contract, license or permit issued under thi� Agreement, a heaxing may be
scheduled ai the requesi of the Coni��actor through written noti�cation to �he �olice
Department.
1) The I�epariment may issue a notice to the Contractor of such heas�ing sent by
certiiied mail, return receipt requested, or by �ersonal ser�ic�.
2) A hearing notice shall be in writing and shall name the place, date and time of the
hearing. The noiice shall also set forth a surnmary of the charges.
3) A hearing shall be scheduled for a date no later than �ifteen (15) days after th�
notice is issued.
9�) A designated I�eputy Chief shall preside at the hearin� as hearing officer.
5) Ai the conclusion of a hearing, the hea�ing officer shall nnake written findin�s of
fact and conclusions without undue delay. The hearing office�° �hall fiu�ther issue
written orders appropriate to their findings within thi�iy (30) days af conclusion of
the hearing.
6) If grounds exist for the revocation of a license or permit, the hearing of�'icer may
order such license or permit revoked or ma� order it suspended for a period �ot to
exceed six (6) months.
Agreement for Police Initiated Towing Service Page I S of 23
7) 1� copy of the f�ndings, conclusions and order shall l�e deli��red to ihe �ont�°actor.
`. � r •- � � �' , � � ,
deliver io �he Coniracior wwtitten notice of the right to appeal.
10.
�1�1�7��ilr 1 = t ►
10.1 General Indemni�ication.
VVith re�ard io any liability which might arise hereunder, City and Contractor agree
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11.
VdAI�RANT�
11. 1 Cont�actor warrants that it unders�taa.nds the currently known hazards and sus�e�ted
hazar•ds which are presented to persons, property and the environment by haza�dous waste.
Contractor fiaY�the� warrants thai it and its officers, a�ents, em�loyees, and subcontractors
will perfornl all servrices under this Agreement in a saf�, efficient and lawful rnanner using
indust�y accepted practices, and in full compliance with all a�plicable state and federallaws
gov�rriing its aciivit�es and is under no restraint or order �hich would prohibit p�rfarmance
Agreement for Police Initiated Towing Service Page 16 of23
of seY°vi�es under tlus 14greernent. Approval by th� City shall not �onstitute o� be deemed to
be a release of the t•esponsibility and liability of Contt°actor, or its of�icexrs, agents,
employees, or subcon�iactors, for the accuracy and competency of ih�ir seivices pi•ovided
iander the Agreement.
11. 2 En�ironmental I�ama�es means all claims, judgments, d�.mages, losses, p�nalties,
fines, liabilities (including strict liability), encumbrances, li�ns costs, and �xp�nses of
investigation and defense of any claim, wheYher or not such clairr� is ultimaiel� defeated, and
of any good faith seitlement of judgment, of whatever lcind or nature, contingen� ot•
oiherwise, ma%ured or unmati.ued, foreseeable or unforeseeable, includin� without limitation
r�asonable aitorney°s fees and disbtars�ment� and consultant's fees, aray of �vhich are incurred
as a result of the handling, collection, iransportation, storage, disposal, t�reahnent, recovery,
and/or rec�cling of hazardous �aste �ursuant io this Agreemen�, ox the exi�tence of a
violation of environmental requirements �ertairung to same, and �ncluding �`rithoui
lirnitation:
a. I�amages far� �ersonal injury and death, or injury to pio�erty or naiural resourc�s;
b. �'ees incurred %� the services of attomeys, consultanis, contra�tors, experts,
laboratories and all othe� costs incu�ed in connection �nrith the �r��estigation or
remediation of such haza�dous wastes or violation of environmental requirements
including, but not limited to, the preparation of �y feasibility st�idies or report� of
the �el�forinance af any cleanup, t°emediation, removal, response, abatement,
containment, closure, restoration or morutoring work �equired by any federal, state
or local gove�r�rnental agency or palitical subdivision, ox oth�rwise e�pended in
connection vvith the �xistence of such monitoring wells o� �iolations or
environmental requirements, and includin� �rithout limitation any attorney°s fees,
cosis and ex�enses �ncurred in enforcin� this Agr°�ement or collecting any sums due
hereunde�; and
c. Liability to any third person or governmenial agenc� io indemnify such person o�
agency for �osts expended in connection with the items ,•eferenced in
"Environmental Requirement�."
11.3 Environmental 1Zequirements shall mean aIl applicabl� �resent and %,itur� statutes,
1V�lUl.loldJy ilA1VSy �1�LL1LLL1bbJy CV�VJ9 licenses, �V11Alll�y �l�N1J� ���loV[d�Jy �1[A1dS9
Agreement for Police Initiated Towing Service Page 17 of 23
autho��zations, concessions, franchises, and sirrularc item�, o� a11 �overnr�ental �genc�es,
d�pa�°tments, comn�is�aons, baards, but•eaus, or i�strumer�tali�es �f �he iJ�i��d St�.ie�, states,
and poliii�al subdivisions th�reof and a11 applicable judiclaly �.�InIYlIS41a.LIVCiy and r�gulaiory
d�c�•ees, jud�nents, and ordeY°s relatin� to ihe proiec�ion of hi�man hea.iih �r th�
�nvironment, including vrithoui limitation:
a. All r�qui�ements, �ncludin�, bui not liznited to, those ��Y°��ini�ag io re�oorting,
- • �- � - •. • , r _ _�; � � _ ♦ � �.
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and/og• the public.
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Agreement for Police Initiated Towing Service
Page Ifr of23
► •. •. r _ • � � . � � ' _ . � ' �' . � A .'� � ' � � � _ ,.:• t" •^
venture between �he pa��ties hereto.
14.
�
r �• ,• , � r , . 1• �-
enfor•ceable in Fori �Torth, Texas; and that if legal action is necessary to �nforce this
Agreement, exclusive venue will lie in th� state courts located in Tarrani County, Texas
or in ihe United States I�1S�'1C$ C�OUI°� fOT the �To��thern I�isirici of T�xas, Fort �orih
I�ivision.
15.
SEVEP ��ILITY
If any of th� ierms, sections, subsections, sentences, clauses, �hrases, ��ovisions,
covenants, conditions or any other pa�t of this Agreement are for any reason held to be
invalid, void or unenfo�ceable, the �emainder of the terms, seciions, subsections,
sentences, clauses, phl°ases, �rovision�, covenants, conditions �r a�y oihe�• part �� ihis
Agreemeni shall remain i�a �full fo�rce and effect and shall in no way be affected, im�aired
or invalidated.
16.
� i� r ��� z'
1 �..... ... ,�, �'. .•. ."l =..�� .. _. � � .. .� �'�.. .�." s �.. � .i1.....
Texas and federal law and all City ordinances.
17.
ENTIRE AGREEMEN'T
This Agreement embodies the complete agre�ment of ihe parties hereto supe�•seding
a11 o�°aI or �itten p�•evious and contemporary agreements between the parties relating io
matters h�rein; and e�cept� as otherurise �rovided herein, cannoi be modified withoui �nrritten
.� � r.
Agreement for Police Initiated Towing Service Page 19 of 23
�
AUTHOI2IZATIOIV
The undei�sign�d officers and/or agents are properly auiho�iz�d to execuie this
• -' ` � •- . � - �. - - - � . • -. r. - _� . _ � _ � - .i
any necessary resolutions or actions extending such authority have been duly passec� and are
now in fizll force and effect.
Agreement for Police Initiated Towing Service Page 20 of 23
IN WITNESS WHEREOF, the parties hereto h ve executed t's gr•ee ent in multiples
in Fort Worth, Tarrant County, Texas, this��/ /• = day of �� �� ��.D. 2013.
y"�
CITY OF FORT WORTH
� �E' ,, ;
�� �z�� � .,�?'� �y�y,,
Charles vV. Daniels
Assistant City Manager
Date: ,lt�� �,�: f � —
CONTRACTOR NAME
Print Name�G �� � C re�i�
President\Owner
Date: 9 ��30 � L� I �
APPROVAL RECONIlV�NDED
W. �
Je ey Halstead
Chief of Police
Date: �O•�'f,3
APPROVED AS TO FORM
I_\�I�IIID[iL�Ilill•1
J
M&C Number: _ G ' �G� � �
Date Approved: � � � y /;,2d / �3
City Ordinance: Article V, Wreckers
c9F�IC��,L �ECORD
CI'fY SECRETARY
�Tm dV�R'i'@i, iX
Agreement for Police Initiated To�ving Service Page 21 of 23
Assistarit City Attorney
i' �3 C
_ . ��� `� . �It . � � . !�F ��i �.
- 12
i ; _,
Agreement for Police Initiated Towing Service Page 22 of23
� �TMa.�' ��. r . ':j:
Ia �`,t' � I� C,i �� �,�� � �' ',' �'�' j g�� g i. j,� 6'r
� n � r + � ` a, �r i� .�. �' '� � ;�� �� ,�. , � � �k r i , t rr �r .rR � � � .� �
° F" i � ° .a �' i r
1. The Auto Pound entry gate shall not b� obstructed b� Contractor waiting io ente�° the
Auto Pound F'acility.
2. Contractor shall not ente� ihe Auto Pound with more than one (1) person/operator
unless authorized by ihe City's on-duty shift �upervisor.
3. For safety precautions, Contractor shall be required to off load a11 Tilt �ed/�Zoll
Bacl� carga.
4. Auto I'ound inventories shall be handled in an expeditious manner. Auto Pound
personnel shall �onduci a complete invenioty of all �ropert� and vehicles.
�. Contracior shall not assist Auto Pound personnel vaith i�ventory.
6. Cont��actor shall be required to follow directions and instt•uctions of l�uto Pounc�
p�rsonnelo
7. Contractor shall assist and comply with any investigation pe�formed by Auio Pound
personnel oi° the F�IV Police I�epartment in all regards.
�. �Tiolations of any �f the above shall be reviewed by ihe City's Senior Contract
�ognpliance �pecialisi or the Auto 1'ound Supervisor.
Agreement for Police Initiated Towing Service Page 23 of 23
M&C Review
� �� # � � �: � �
o � u
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DATE:
CODE
SUBJECT:
Page 1 of 2
Official site of the City of Foit �Votth, Texas
�t��'i �'�(.l�'CI1
COUNCIL. ACTION: Approved on 9/24/2013
�,�. .�.��.�a .���,•<w�� �,.. � �� .�A�,.� <a,Mm.� W�,���. ��_�i .,,� �.�3.� x . , � � �,.�ri �,, �,.. � � .o� .�,,, ._ � � �....,�...�
REFERENCE ** 35FY14POLICE
9/24/2013 N� : C-26465 LOG NAME: INITIATEDTOWING
C TYPE: CONSENT PUBLIC NO
HEARING:
Authorize Execution of Agreements with Compliant Wrecker Companies for Police
Initiated Towing Services for the Police Department (ALL COUNCIL DISTRICTS)
��a � ..���� ������� .��� :;�� d ��_��� _ ,��.�-. �.�.mi,m:.,_ ������N. �
� .�:�. �h�� ��a.� �_,_.��,_�,�����, .:..�� m�„��
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-
Telegram 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 Citv Manaaer's Office by:
Originating 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)
mhtml:file://C:�Documents and Settings\scottt\Local Settings\Temporary Internet Files\Co...
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10/4/2013