HomeMy WebLinkAboutContract 44890 (2)..:� �,. �
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AGREEMENT FOR STANDARD AND HEAVY DUTY
POLICE INITIATED TOWING SERVICE
WHEREAS, the City of Fort Worth occasionally requi►•es the seivices of tow
trucl<s; and
WHEREAS, such wrecicer setvices are necessajy to protect the safety of the
citizens of the City of Fort Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City of Fort Wot-th, hej•einafter referred to as "City," acting herein by and
tl�rough Cl�arles W. Daniels, its duly authoi•ized Assistant City Manager, and Milner
Wrecker, LLC, Ilereinafter referi•ed to as "Conh•actor," acting herein by and thi•ough
Brian Roper, O�vuer its duly authot•ized representative, agree as follows:
1.
SERVICES
City hereby contcacts with Contractor to provide police initiated wrecker seivice.
City, through its Police Department, shall dispatch Contractor from a police initiated
rotation list to vehicles that have either been 1) abandoned; 2) involved in a collision; 3)
parlced ot• operated in violation of law; and/or 4) ace to be checiced for evidence
(including t�ecovered 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 officer.
Contractot• shall obey the directions of police officers in performing such tows and shall
ensut•e that such tow is pel•formed with all due care to avoid interference with police
activities and police infoi•mation.
2.
TERM
The initial term of this Agreement shall begin on October 1, 2013, and expire
on September 30, 2014. In addition to the initial term of this Agreement, there shall be
fow- 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 fi�nds to pay for its obligations hereunder.
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3.
COMPENSATION
3.1 As compensation for providing the services contemplated by this Agreement, City
agrees to pay Contractof• 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 towing such vehicle from one point on a street to
anothet• location within the corporate limits of the City as directed by the police
officer at the place where the tow originated;
2) Second tow trucic. In the event the tow trucic driver at the scene determines that a
second tow truck is required, a char•ge of one hundred thirty-five dollars ($135.00) per
how-, with a minimum charge of one hour, for assistance 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) Addi�ional Char�es. 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 travel time and waiting time. An additional charge of one hundred dollars
($100.00) per hour, charged in increments of fifteen (15) minutes at a charge of
$25.00 per increment, for 1•emoving vehicles located in some unusual condition such
as, but not limited to, an unusual circumstance within the right-of-way, a river or
a creelc bed or a ditch of greater depth than the ordinaty bar ditch. Such charge to
be made fi•om 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 Wrecicer tow.
3.2 As compensation for providing the services contemplated by this Agreement, City
agrees to pay Contractor as follows for heavy tows:
1) Towage. A charge of two-hundred sixteen dollars ($216.00) per hour for
towing such vehicle fr•om one point on a street to another location within the
corporate limits of the City as directed by a City police officer at the place
where the tow originated. The minimum charge shall be for one hour; after
Agreement for Police Initiated'I'owiug Service Page 2 of 23
the first hour, time shall be billed for in increments of fifteen (15) minutes, at
a charge of $54.00 per increment.
2) Second Heavv Dutv Towa�e. In the event the tow trucic driver at the scene
determines that a second tandem axle tow trucic is t•equired, a charge of two-
hundred sixteen dollars ($216.00) per hour billed in incretnents of fifteen (I S)
minutes while at the scene of the police initiated tow, with a minimum charge
for one hour, for assistance 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) Reitnbursable. In the event Contractor is required to j•ent equipment or
other materials specifically related to a police initiated tow, as directed in
writing by a police supeivisor at the scene, Contractol� shall be reimbursed the
actual cost incurred plus fifteen percent (15%). Charges under this
subparagraph ar•e subject to the review and approval of a police supervisor.
4) Extra heln. An additional charge of twenty dollars ($20.00) per employee per
hour, with a minimum charge of foul• (4) houl•s or $80.00, when authoc•ized in
writing by a police supervisor at the scene of the police initiated tows.
5) Air cushions.
a.) Regular cushions - A charge of one hundred-fifty dollars ($I50.00) per
hour, per cushion, with a minimwn charge of one hour or $I50.00. 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, with a minimutn charge of one hour or $400.00. After the first
hour, billing shall be in increments offifteen (15) minutes.
c.) Prior approval by a police supervisor at the scene of a police initiated tow
is required fot• the reimbursement for the use of air cushions.
6) Tractor, hvdraulic tilt tail, lowbov, and other specialized equipment. A charge
of three hundred sixteen dollars ($316.00) per hour, two hour minimum, with
subsequent increments being chaf•ged as $79.00 pej• l5 minute increment, if
prior written approval of a police supervisor is obtained at the scene of the
police initiated tow. The police supervisor shall sign the wrecker selection
Agreement f'or Police Initiated Towing Service
Page 3 of 23
form when a tractor, hydraulic tilt tail, lowboy or other specialized equipment
is used. Should a Rotator Wrecker be required and approved by the Police
Officer on the scene, a charge of fottr hundred dollars ($400.00) per hour,
two hour minimum, with subsequent I S minute increments being charged as
$100.00 per incretnent, with prior written approval from the Police supervisor
on the scene.
3.3 Rotation Tows. Contractor shall not exceed the fee structure for police initiated
tows performed under this Agreement; as detailed in sections 3.l and 3.2 above,
i.e., charges shall not exceed the standard fees allowable undet• this Agreement.
Nothing contained hecein shall be construed so as to obligate City to expend any
sums of money. Further, nothing contained herein shall be constiued so as to
guarantee to Contractor that City will contact Contractor for any towing services
contemplated by this Agreement.
3.4 Invoicing and Payment. Contractor shall 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 shall
include all information entered on the wrecker selection form by the officey at the
scene of the police initiated tow and/or petsonnel 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 shall remit payment to
Contractor within thirty (30) days following receipt and approval of a properly
prepared Contractor invoice.
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VEHICLE AND EOUIPMENT REOUIREMENTS
Contractor shall provide all vehicles and equipment necessaly to perform Police Initiated
Towing Services in the Divisions they are assigned. All vehicles and equipment shall
be in good worlcing order for the duration of this Agreement. Contractor shall supply,
upon request by City, a list of Contractor vehicles and equipment inventory dedicated to
performance of this Agreement.
Agreement for Potice Initiated To�ving Service
Page 4 of 23
4.l Vehicles.
a) Contractor must maintain a minimum of four (4) wreckers to include a minimum of
two (2) tilt bedh•oll back/flat bed dual j•ear wheel wrecicers and a minimum of two
(2) other vehicles at the discretion of the Contractor that meet the minimum TDLR
j•equirements.
(1)Standard and Car Carrier. A minimum offour (4) wrecicers, one ofwhich 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 bacic dual rear wheel wrecicers �•ated at not less
than 14,000 pounds gross vehicle weight.
!21 Tandem Axle Tow Truck. A minimum of two (2) tandem axle (heavy duty)
wi•eckej•s rated at not less than 54,000 gross vehicle weight (GVWR), equipped
with two hydraulic winches and winch lines with a boom t�ated at not less than 50
tons and under lift capacity of 50,000 pounds.
(3) Each wrecker shall have and maintain current identifying markings required
by the Texas Transportation Code, Section 642.002, as same may be amended.
(4) All of Contractor's vehicles shall have
(a) Pet•manent labeling on each side door of the vehicle with the Tow
Contractor's name, physical address (street, city, state, zip code), and
phone numbe�;
(b) A fom�-way etnergency flashing systetn and at least one flashing amber
light (or other color permitted by State law);
(c) Portable auxiliary bralce lights, emergency flasher, turn signal, and tail
light with protective pads/covels 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 bacicing up;
(e) Dual Rear Tires, adequate in size and rating for the size and weight
of the tow tt•uck, with not less than 3/32nds inch of tread and mounted on
Agreement for Police Initiated Towing Sen�ice
Page 5 of 23
cims secured with the manufacturer's recommended number of lug nuts;
and
( fl Tandem Axle Tow Truck. A minimum of two (2) tandem axle (heavy
duty) wreckers 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 and under lift capacity lift
capacity of 50,000 pounds.
4.2 Equipment.
In addition, Contj•actor 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)
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3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
Tow bar;
Towing lights;
Emergency overhead warning lights;
Safety chain;
Fire extinguisher (10 pounds; A.B.C. Type);
Crow bar;
Push Bt�oom;
Shovel;
Emergency reflectors or traffic cones;
Trash containei;
Backing warning signal;
Wheel chocics;
Dollies (Standard Tow Trucic Only);
Ten (10) pounds of grease and fluid absorbent material, and any other
equipment necessary to clean up an accident scene in accordance with
state and local laws;
Communication Device or Two-way radio equipment capable of
communicating with the Contractor's dispatcher at all times. Such
equipment shall be approved and licensed in accordance with federal
Agreement for Police Initiated To�ving Service
Page 6 of 23
law; and
16) Any other equipment required by state law.
4.3 Inspection. Each tow truck and the required equipment shall be inspected by the Chief
of Police's designated staff following the execution of this Agreement on an annual basis.
In addition, each tow truck and the required equip�nent 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 as
deemed necessary by the Chief of Police's designated staff
5.
INSURANCE REOUIREMENTS
Contractor shall rnaintain insurance from insus•ers acceptable to City of the following
types and amounts:
5.1
Commercial General Liability
$500,000 each occuf•rence
$500,000 aggregate
Or
Garage Liability
$500,000 each accident, other than auto
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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 Contractor's operating authority pet•forming selvices
under this Agreement.
53
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, traileis and
boats. Coverage shall be written on a direct pr•imary basis.
5.4
Garagekeeper's Liability
$30,000 per• unit
Agreement for Po(ice Liitiated Towing Service
P�ge 7 of 23
5.5 Worker's Compensation/Accident Insurance
Covet�age shall meet the minimum reguirements of state law, as con-
tained in the Motor Carrier Rules and Regulations.
5.6 Contractor shall maintain insurance coverage at all times. Current insurance
certificates shall remain on file with the City during the term of this Agreement. It is the
responsibility of the Contractor to submit updated insurance to the City. Insurance
coverage may, at the sole discretion of the City, be revised upward upon thirty (30)
calendar days prior written notice to Contractor. Po(icies shall be endorsed as follows:
1) 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
worlcers' compensation insul•ance policy.
2) Certificates of insurance shall be delivered to the Grants and Contracts Section,
350 W. Bellcnap Street, Fof•t Worth, TX 76102, prior to any woc•k being performed
under this Agreement.
3) Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
4) 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. A ten (10) calendar day notice shall be acceptable in the event of
non-payment of pf•emium.
5) 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 measul•e of financial strength and
solvency.
6) Deductible limits, or self-funded retention limits, on each 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 traditional insurance, City
may consider alternative coverage or rislc treatment measures through insurance pools
or risk retention groups. The 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.
Agreement for Police Initiated To�ving Service
Page 8 of23
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
primaty protection and any self-funded oc commercial coverage maintained by City
shall not be called upon to contribute to loss recovery.
l 1) Contractor shall report, in a timely manner, to the Grants and Contracts Section of
any ]cnown loss occurrence that could give rise to a liability claim or lawsuit or that
could result in a propei�ty loss.
12)Contractor's liability shall not be limited to the specified amounts of insurance
required herein.
13X1pon 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 fedeeal law, rule or regulation pertaining to wcecicer service
companies operating within the State of Texas exceed insut•ance requirements specified
herein, such state or federal law, rule or regulation shall prevail for the respective type of
insui•ance coverage and/or limit thereof.
6.
DIVISIONS AND ROTATION LIST
6.1
6.2
City, at its sole discretion, shall assign Contractor to its designated zone.
City sliall create a rotation list within each of the five (5) divisions that will
dictate the order in which wrecker companies are contacted.
6.3 City may request Contractot• to conduct a police initiated tow within any zone,
and Contractor agrees to use its best efforts to art�ive at the scene of the police tow within
thirty (30) ►ninutes for light duty and medium duty tows and forty five (45) minutes for
heavy duty tows.
7.
DUTIES AND RESPONSIBILITIES OF CONTRACTOR
City hereby grants to Cont��actor 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 located within the ciry limits of the City of Fort Worth and
more specifically demonstrated in Eahibit A. City reserves the right to change the
boundary lines of the divisions
Agreement for Police [nitiated To�i�ing Service
Such change shall be at the disct•etion of the City.
Page 9 of 23
Contractor's right to provide Police Initiated Towing Sel•vices in the Divisions is at the
direction of City and is initiated through the City's Police Department's Dispatch
Communication Division or• other means. The granting of this right by City does not
guarantee Contractors any quantity of work or monetary gain. Additionally, Contractor
is required to inform City immediately of any vehicle accident involving a towing vehicle
opej•ated by Contractor. City may considet• the accident, and the surrounding
circumstances, in reviewing Contractor's performance under this Agreement. Contractor
shall obey all traffic laws while performing under this Agreement. Officeis shall repot•t
all violations of this contract to the appropriate City personnel. Contractof•, duying the
term of this Agreement, shall perform the following duties and have the following
responsibilities:
7.1 Records and Info�•mation.
The Contractol• shall maintain on file with the City its natne of the owner, president or
chief e�ecutive officer, business address, and telephone number; further, Contractoj• shall
notify the City of any change of ownership, pi•esident or chief executive officel•, change
of address or corporate or•ganization within five (5) City business days of any such
change. Contractor shall maintain records of the vehicles towed and charges of tows
fi�om calls received for police initiated towing. 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.
7.2 Response Time.
Contractor shall be capable of receiving requests for services from City through the City's
Dispatch System or other 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 and forty-five (45) minutes for heavy duty towing, except in extraordinaiy
situations where delay is caused by ice, snow or othei• weather related conditions. In the
event Contractor fails to respond as required, City may notify another wrecker Cont�•actor
and Contractof• shall not be entitled to the compensation to which it would have been
entitled had it arrived within the 30 minute time limit.
Agreement for Yolice Initiated Towing Service Page ]0 of 23
7.2.1 Response Time Violation.
The course of disciplinaiy action shall be up to the City, including written notice,
suspension, and/or termination of contract, which can be talcen if Contc•actor
violates response times.
1) Co�npany Dis�•egard: The Cont��actor will be allowed five (5) `Co�npany
Disregarded' calis within a thirty (30) calendar day period. The term `Company
Disregard' shall mean those times when 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) minutes 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 does not come to the scene.
2) Company Decline: The Contt�actor will be allowed ten (10) `Company Decline'
calls within a thit•ty (30) calendar day period. The term `Cotnpany Decline' shall
mean the Contractor receives notification of se�vice under this Agreement, but
does not accept or wish to be dispatched to the scene.
3) City reseives the right to cancel wreckers at any point during this dispatch.
Contractors will not be penalized for the City canceling the call. Under no
circumstances will the City be invoiced or pay for City initiated cancellations.
73 Towing to Auto Pound. Contractor shall deliver the vehicle being towed to the
location within the corporate limits of City designated by the police officer at the scene
of the police initiated tow. Delivety shall be made without delay or detour. Contractor
must:
1) Comply with the Auto Pound processing requirement listed in Exhibit B to this
Agt•eement;
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
Agreement for F'olice Initiated Towing Service Page 11 of23
3) Fully cooperate with any investigation conducted by the City regarding
complaints against Contractor, whether or not such complaints arise out of services
contemplated by this Agreement.
7.4 Ci , Taxes.
Cont��actor shall not become delinquent in the payment of any taxes due to City or any
governing body or agency.
7.5 Solicitin�.
Contractor shall not go to any accident scene unless the Contractor has been called to the
scene by the owner or opei•ator of a vehicle or an authorized representative of same, or by
the City. Contractor shall not solicit any wrecicer 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.
7.6 Debris Removal and Fluid Clean Up.
Contractor shall completely remove all debris, except known hazardous material,
resulting fi•om any accident to which the Contractor is responding. Removal of debris
shall not be considei•ed complete by merely sweeping it to the cul•b line. Contractor shall
not pick-up any known hazardous material, Texas Administrative Code, Title 30, Pai�t
1, Chapter 327, (Texas Commission on Environmental Quality, Spill Prevention and
Control).
7.7 Emplovees.
Contractor will provide uniformed 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 shall be fully qualified and legally capable of performing
their individual job duties, including possessing any necessary licenses or specialized
training mandated by federal, state or local laws or regulations. Contt�actor shall
adhere to all laws and regulations concerning Drug Testing requiretnents set by Texas
Department of Licensing and Regulation (TDLR), Texas Administt•ative Code, Title 16,
Part 4, Chapter 86, Rule Section 86.7] 0. Contractor's employees will comply with all traffic
laws when operating vehicles.
Agreement for Police Initi�ted Towing Service Page 12 of23
7.8 Meetin� Requirements
Contj•actor shall attend City meetings as requested.
7.9 Compliance
Contl•actor shall manage all operations for the Divisions accordingly and ensure that
services are perfoj•med to industiy accepted procedures that achieve safety, reliability and
the preservation of personal property in the possession or care of Contractor.
:
VEHICLE STORAGE FACILITY INSPECTIONS
8.1 Definition.
"Vehicle Storage Facility" (VSF) shall mean a facility operated by a person licensed
under the Te�as Occupations Code, Section 2303.002(8), or as amended. Contractor
must maintain business operation twenty-four (24) hours a day, seven (7) days 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 siYty-
five (365) days a year including weelcends and holidays. Contractor shall maintain,
manage and operate a currently licensed VSF located within the corporate limits of the
City. Contractor shall perform Towing Operations under the laws, regulations, orders,
ordinances and guidelines of the State of Texas, Tarrant County 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 of Police's
designated staff during the teym of this contract. Any cotnpliance failures with VSF
inspections in accordance with City's requirements shall result in suspension or
termination ofthis contract.
9.
SUSPENSION AND TERMINATION
Agreement for Police Initiated Towing Sernice Page 13 of 23
All worlc performed by Contractol� hereunder shall be performed to the satisfaction of
the City. The determination made by the City shall be final, binding and conclusive
on all Parties het�eto. City shall have the right to suspend or terminate this Agreement,
in accordance with City Ordinance Chapter 34, Article 5. Should contractor's work
be deemed unsatisfactory to the City, termination, in whole or in part, will be made
by the City based upon recommendations fi�om the Police Department. Termination,
in whole or in part, should Contractor's worlc be deemed unsatisfactory, based upon
recommendations will be made by the Chief or their designee. At any time the City
may conduct a pe�•foi•mance review of this Agt�eement. The infolmation used in assessing
Contractoc's performance may include the information submitted by Contractor and any
other information deemed pertinent by City.
9.1 This Agreement may be suspended or terminated by City to include, but not limited
to, any of the following causes: while under performance of this agreement:
1) Violation of any tet•m and/o�• condition specified in this Agreement;
2) Peemitting a tow truck to be operated by anyone while under the influence of
alcohol and/or illegal drugs;
3) Perfortning services undet• this Agreement while consuming, or while under the
influence of drugs or alcohol;
4) Petmitting a tow trucic to be operated by anyone whose operator's license is
suspended;
5) Tt•ansferring or assigning any call for seivice to any other Contractoi;
6) Any sustained complaint of theft by personnel of Contractor while acting in their
capacity as employees of Contractor;
7) Any sustained complaint of threats made by personnel of the Contractor while
acting in their capacity as employees of Contt•actor made against third parties
during a police initiated tow or otherwise;
8) Failing to cotnply with all directions of police personnel at the scene of a police
initiated tow, civilian employees at the Police Pound, or civilian employees
performing inspections or contract compliance duties;
9) Failure to comply with any state or federal law or code ot� City ordinance related
to the operation of a wrecker Contractor;
Agreement for Police I��itiated Towing Service Page 14 of23
10) Disobeying traffic conti•ol devices (traffic lights, stop signs, etc.);
1 l) Using any type of siren besides the bacicup warning signal;
12) Malcing any repairs oy alterations to a vehicle obtained from a police initiated
tow;
13) Towing any vehicle which is occupied by any person, except as specifically
dij•ected by a police officet•;
14) Charging for services not performed or making duplicate charges for the same
seivice or charge any fee in excess of those pet•mitted under state 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, motol•ist, City employee or any other person;
17) Inappropriate touching any customer, motorist, City employee or any other
pe�son; 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 undey this Agj•eement, a hearing may be
scheduled at the request of the Contractor through written notification to the Police
Department,
1) The Depai�tment may issue a notice to the Contractor of such hearing sent by
certified mail, return receipt requested, or by personal se�vice.
2) A hearing notice shall be in writing and shall name the place, date and time of the
hearing. The notice shall also set forth a summary of the charges.
3) A hearing shall be scheduled for a date no later than fifteen (I S) days after the
notice is issued.
4) A designated Deputy Chief shall preside at the hearing as hearing officer.
5) At the conclusion of a hearing, the hearing officer shall malce written findings of
fact and conclusions without undue delay. The hearing officer shall further issue
written orders appropriate to their findings within thirty (30) days of conclusion of
the hearing.
Agreement for Police Initiated Towing Service Page 1 � of 23
6) tf gcounds exist for the f•evocation of a license or pet�mit, the hearing officer may
order such license or permit revoked or may order it suspended for a period not to
exceed six (6) months.
7) A copy of the findings, conclusions and order shall be delivered to the Contractor.
If the hearing officer suspends or revolces a license or pef•mit, they shall further
deliver to the Contj•actoi• written notice of the right to appeal.
10.
INDEMNIFICATION
10.1 General Indemnification.
With cegard to any liability which might arise hereunder, City and Contt•actor
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 o�• Fedel•al law.
10.2 Environmental Indemnification.
CONTRACTOR 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 ENVIl20NMENTAL
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 WFIEN SAID ENVIRONMENTAL DAMAGES OR THE
VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE THE
RESULT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS,
AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT ACT OR
OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY.
11.
WARRANTY
Agreement for Police Initiated Towing Sen�ice Page 16 of 23
1 1. 1 Contractor warrants that it undeistands the currently known hazards and suspected
hazaj•ds which are presented to persons, property and the environtnent by hazardous
waste. Contractor further warrants that it and its officers, agents, employees, and
subcontractors will perform all seivices under this Agreement in a safe, efficient
and lawfill manner using industly 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 se�vices under this Agreement. Approval by the
City shall not constitute or be deemed to be a release of the responsibility and liability
of Contractof•, or its officers, agents, employees, or subcontractors, fot• the accuracy and
competency of their services provided under the Agreement.
1 l. 2 Environmental Damages means all claims, judgments, damages, losses, penalties,
fines, liabilities (including stj•ict 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 lcind or nature, contingent
oi• otherwise, matured or• unmatured, foreseeable or unforeseeable, including without
limitation �•easonable 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, recovet•y, and/or recycling of haza�•dous waste pursuant to this Agreement,
or the existence of a violation of environmental requir•ements pei�taining to same, and
including without limitation:
a. Datnages for personal injury and death, or injuly to property or natural resources;
b. Fees incurred for the services of attorneys, consultants, contractors, experts,
labot•atories and all other costs incurred in connection with the investigation or
i•emediation 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 Agreetnent or collecting any
Agreement for Police Initi�ted Towing Service Page 17 oY'23
sums due hereundel; 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."
11.3 Envii•onmental Requirements shall mean all applicable present and futui•e statutes,
regulations, cules, ordinances, codes, licenses, permits, orde�•s, approvals, plans,
authorizations, concessions, fi•anchises, and similar items, of all governmental agencies,
departments, commissions, boards, bureaus, or instrumentalities of the United States,
states, and political subdivisions the�•eof and all applicable judicial, administrative, and
regulatofy decj•ees, judgments, and ordet�s 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, ol• threatened releases of hazardous materials, pollutants, contaminants
or hazardous or toxic substances, materials, or wastes whether solid, liquid, or
gaseous in nature, into the ait•, surface water, groundwater, storm water, or land,
or relating to the inanufacture, processing, distribution, use, treatment, storage,
disposal, transport, or handling of pollutants, contaminants, or hazardous oi• toaic
substances, materials, or wastes, whethej• solid, liquid, or gaseous in nature; and
b. All cequirements pertaining to the protection of the health and safety of
employees and/or the public.
12.
ASSIGNMENT
Contractor shall not assign, transfer or sublet this Agl•eement 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 Agt•eement
without the consent of the City shall be void and shall operate as a termination hereof.
13.
INDEPENDENT CONTRACTOR
It is understood and agreed by the pai�ties hereto that Contractor shall perform all
worlc and services het•eunder as an independent contractor, and not as an officer, agent,
Agreement for Police Initiated Towing Service Page 18 of 23
servant or employee of the City. Contractor shall have exclusive control of and the
e�clusive right to control the details of the work or set-vice to be performed hereunder,
and all peisons pej•forming same on behalf of Contractor, and shall be solely responsible
foi• the acts and omissions of its officers, agents, servants, employees, contt�actors,
subcontractor•s, licensees and invitees. The doctrine of respondeat superior shall not apply
as between the City and Contractor, its officers, agents, servants, employees, conh�actors
and subcontractors, and nothing hec•ein shall be construed as creating a partnership or
joint venture between the parties hef•eto.
14.
VENUE
The parties to this Agreement agree and covenant that this Agreement will be
enforceable in Fort Woi�th, Texas; and that if legal action is necessary to enforce this
Agreement, e�clusive venue will lie in the state courts located in Tarrant County, Texas
or in the United States District Court fol• the Northern District of Texas, Fort Worth
Division.
15.
SEVERABILITY
If any of the terms, sections, subsections, sentences, clauses, pht•ases, provisions,
covenants, conditions or any other part of this Agreement are for any reason held to
be invalid, void oi• unenfo�•ceable, 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, itnpaired
or invalidated.
16.
APPLICABLE LAW
This Agreement is to be construed, governed and enforced under all applicable
Texas and federal law and all City ordinances.
17.
ENTIRE AGREEMENT
This Agreement embodies the complete agreement of the parties hereto
superseding all oral or written pr•evious and contemporary agreements between the
Agreement for Police Initiated To���ing Service Page 19 of23
parties relating to matters herein; and except as otherwise provided herein, cannot be
modified without written agreement of the parties.
18.
AUTHORIZATION
The undersigned officec•s and/or agents are properly authorized to eaecute this
Agreement on behalf of the parties hereto and each party hereby certifies to the other that
any necessary resolutions or actions e�tending such authority have been duly passed and
are now in full force and effect.
Agreement for Police Initiated Towing Service Page 20 of23
IN WITNESS WHEREOF, the parties hereto have executed this ag��eeme t in multiples
in Fort Worth, Tarcant County, Texas, this �-��% day of _�-��,��� ?��� ,�; -A.D. 2013.
!%
CITY OF FORT WORTH
rles W. Daniels
Assistant City Manager
Date: 4 j „"� o. ,� �
APPROVAL RECOMMENDED
Jeffi•ey Halstead
Chief of Police
Date: '_ � � > � �f � :r
APPROV�D AS TO FORM
I����[ef,\���•/
Jessica Sangsvang
Assistant City Attorney
�
ATTEST: � �\
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M&C Number:
Date Approved: �'j � Z`� j��
City Ordinance: Article V. Wrecl<ers
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CONTRACTOR NAME
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Print Name �'
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President\Owner
Date: `sl ' � -1 `�
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Agreement for Police [nitiated To�ving Service Page 21 of 23
EXHIBIT A
Map of Divisions
Agreement tor Police Initiated Towing Service Page 22 of 23
EXHIBIT B
FW POLICE AUTO POUND OPERATIONS
The following rules and procedures shall be observed by Contractor upon arrival at
the Police Auto Pound.
l. The Auto Pound entry gate shall not be obstructed by Contractor waiting to enter
the Auto Pound Facility.
2. Contractor 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, Contractor shall be required to off-load all Tilt Bed/Roll
Bacic cargo.
4. Auto Pound inventories shal( be handled in an expeditious manner. Auto Pound
personnel shall conduct a complete inventory of all property and vehicles.
5. Contractor shall not assist Auto Pound personnel with inventoty.
6. Contractot• shall be required to follow directions and instructions of Auto Pound
personnel.
7. Contractor• 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 r•eviewed by the City's Senior Contract
Compliance Specialist or the Auto Pound Supervisor.
Agreement for Police Initiated Towing Service Page 23 of 23
M&C Review
Page 1 of 2
O�Ficial site af the City of Fort 4Va�#h, Texas
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COUNCIL ACTION: Approved on 9/24/2013
�� �,�. - 2- v__ :�� ���- �-���� ��� � �� ����, _ � _ _ �.�-����,��:��--�� -� -
DATE:
CODE:
SUBJECT:
9/24/2013
�
�
Authorize Execution of Agreements with Compliant Wrecker Companies for Police
Initiated Towing Services for the Police Department (ALL COUNCIL DISTRICTS)
REFERENCE
NO..
TYPE:
*'"G26465 LOG NAME:
CONSENT PUBLIC
HEARING:
35FY14POLICE
INITIATEDTOWING
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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
http://apps.cfwnet.org/council�acket/mc review.asp?ID=18991&councildate=9/24/2013 9/30/2013
M&C Review
2.014 o�erating 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 Manaqer'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)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=18991&councildate=9/24/2013
Page 2 of 2
9/30/2013