HomeMy WebLinkAboutContract 44891 (2)AGREEMENT FOR STANDARD AND HEAVY D�,� $ECRE�A�Y�, t�y
�VTRACT N0. / , J �
POLICE 1NITIATED TOWING SERVICE
WHEREAS, the City of Fort Worth occasionally requires the seivices of tow
trucks; and
WHEREAS, such wrecker seivices are necessaiy to protect the safety of the
citizens of the City of Fort Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City of Fort Worth, hereinafter referred to as "City," acting herein by and
through Charles W. Daniels, its duly authorized Assistant City Manager, and JDB
Towing, LLC dba Beard's Towing, hereinafter refet•red to as "Contractor," acting
herein by and through James Bennett, Owner its duly authorized representative, agree
as follows:
1.
SERVICES
City hereby contracts with Contractor to provide police initiated wrecicer service.
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 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 officer.
Contractor shall obey the dii•ections 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, and expire
on September 30, 2014. In addition to the initial term of this Agreement, there shall be
four options to renew for terms of one year each, unless earlier terminated as hereinafter
provided. Renewal shall occur upon City including in its budget for the option years
sufficient funds to pay for its obligations hereunder.
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3.
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 towing 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) Second tow trucic. In the event the tow truck driver at the scene determines that a
second tow truck is required, a charge of one hundred thirty-five dollars ($135.00) per
hour, with a minimum charge of one hour, 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) Additional Char�es. An additional charge shail 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 removing 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 As compensation for providing the services contemplated by this Agreement, City
agrees to pay Contractor as follows for heavy tows:
1) Towa�e. A charge of two-hundred sixteen dollars ($216.00) per hour for
towing such vehicle from one point on a street to another location within the
corporate limits of the City as directed by a City police officer at the place
where the tow originated. The minimum charge shall be for one hour; after
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,
the first hour, time shall be billed for in increments of fifteen (15) minutes, at
a charge of $54.00 per increment.
2) Second Heav,�tv Towa�e. In the event the tow truck driver at the scene
determines that a second tandem axle tow truck is required, a charge of two-
hundred sixteen dollars ($216.00) per hour billed in increments of fifteen (15)
minutes while at the scene of the police initiated tow, with a minimum charge
for one hour, for assistance in clearing the scene of an accident. A police
supelvisor must approve, in writing, the use of a second tow truck. Travel
time is excluded.
3) Reimbursable. In the event Contractor is required to rent equipment or
other materials specifically related to a police initiated tow, as directed in
writing by a police supervisor at the scene, Contractor shall be reimbursed the
actual cost incurred plus fifteen percent (I S%). Charges under this
subparagraph are subject to the review and approval of a police supervisor.
4) Extra help. An additional charge of twenty dollars ($20.00) per employee per
hour, with a minimum charge of four (4) hours or $80.00, when authorized 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 ($150.00) per
hour, per cushion, with a minimum charge of one hour or $150.00. 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 minimum charge of one hour or $400.00. After the first
hour, billing shall be in increments of fifteen (15) minutes.
c.) Prior approval by a police supervisor at the scene of a police initiated tow
is required for 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 charged as $79.00 per 15 minute increment, if
prior written approval of a police supeivisor is obtained at the scene of the
police initiated tow. The police supervisor shall sign the wrecker selection
Agreement for 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 four hundred dollars ($400.00) per hour,
two hour minimum, with subsequent 15 minute increments being charged as
$100.00 per increment, 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 3.1 and 3.2 above,
i.e., charges shall not exceed the standard fees allowable under this Agreement.
Nothing contained herein shall be construed so as to obligate City to expend any
sums of money. Further, nothing contained herein shall be construed so as to
guarantee to Contractor that City will contact Contractor for any towing services
contemplated by this Agreement.
3.4 Invoicing and Pavment. 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 setvices provided to the City, which at a minimum shall
include all information entered on the wrecker selection form by the officer at the
scene of the police initiated tow 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 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 necessary to perform Police Initiated
Towing Services in the Divisions they are assigned. All vehicles and equipment shall
be in good working 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 Police Initiated Towing Sernice
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4.1 Vehicles.
a) Contractor must maintain a minimum of four (4) wreckers to include a minimum of
two (2) tilt bed/roll back/flat bed dual rear wheel wreckers and a minimum of two
(2) other vehicles at the discretion of the Contractor that meet the minimum TDLR
requirements.
(11Standard 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 shail be not
less than 10,000 pounds gross vehicle weight, dual rear wheels, equipped with a
hydraulic operated winch, winch lines, and a boom rated at not less than 8,000
pound lift capacity and a wheel lift device rated at not less than 2,500 pounds. A
minimum of two (2) tilt bed/roll back dual rear wheel wrecicers rated at not less
than 14,000 pounds gross vehicle weight.
�21 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
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) Permanent labeling on each side door of the vehicle with the Tow
Contractor's name, physical address (street, city, state, zip code), and
phone number;
(b) A four-way emergency flashing system and at least one flashing amber
light (or other color permitted by State law);
(c) Portable auxiliary brake lights, emergency flasher, turn signal, and tail
light with protective padslcovers on the bottom, for use on towed vehicles;
Agreement for Police Initiated Towing Service
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(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 ttuck, with not less than 3/32nds inch of tread and mounted on
rims secured with the manufacturer's recommended number of lug nuts;
and
( fl Tandem Axle Tow Truck. A minimum of two (2) tandem axle (heavy
dury) wrecleers 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, 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)
11)
12)
13)
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;
Backing warning signal;
Wheel chocks;
Dollies (Standard Tow Truck Only);
Agreement for Police Initiated Towing Sen�ice Page 6 of 23
14)
15)
16)
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
law; and
Any other equipment required by state law.
4.3 Ins�ection. 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 equipment shall be subject to intermittent
inspection by the City to assure compliance with this Agreement. The inspection
requirements shall be detailed on the annual wrecker inspection form and revised as
deemed necessary by the Chief of Police's designated staff
5.
INSURANCE REQUIREMENTS
Contractor shall maintain insurance from insurers acceptable to City of the following
types and amounts:
5.1
Commercial General Liability
$500,000 each occurrence
$500,000 aggregate
Or
Garage Liability
$500,000 each accident, other than auto
$500,000 aggregate
5.2
Automobile Liability
$1,000,000 each accident, combined single limit
This coverage shall include all vehicles owned or non-owned that are
operating under Contractor's operating authority performing services
under this Agreement.
Agreement for Police Initiated Towing Service
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5.3
$50,000 per unit
Coverage shall include both the unit being towed and its contents. Units
covered shall include but not be limited to motor vehicles, trailers and
boats. Coverage shall be written on a direct primary basis.
5.4
$30,000 per unit
5.5
5.6
Cargo/On-Hook
Garagekeeper's Liability
Worker's Compensation/Accident Insurance
Coverage shall meet the minimum requirements of state law, as con-
tained in the Motor Carrier Rules and Regulations.
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. Policies shall be endorsed as follows:
1) The City, its officers, employees and sei�vants shall be endorsed as an additional
insured on all policies except employer's liability 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
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 premium.
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 measure of financial strength and
solvency. •
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e
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 worlcer's compensation insurance, in lieu of traditional insurance, City
may consider alternative coverage or risk treatment measures through insurance pools
or risk retention groups. The City must approve, in writing, any alternative coverage.
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.
lO�Insurance policies shall each be endorsed to provide that such insurance is
primary protection and any self-funded or commercial coverage maintained by City
shall not be called upon to contribute to loss recovery.
11) Contractor shall i•eport, 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 amounts of insurance
required herein.
13xTpon 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
companies operating within the State of Texas exceed insurance requirements specified
herein, such state or federal law, rule or regulation shall prevail for the respective type of
insurance coverage and/or limit thereof.
6.
DIVISIONS AND ROTATION LIST
6.1 City, 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
dictate the order in which wrecker companies are contacted.
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 scene of the police tow within
thirry (30) minutes for light duty and medium duty tows and forry five (45) minutes for
heavy duty tows.
Agreement for Police Initiated Towing Service
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DUTIES AND RESPONSIBILITIES OF CONTRACTOR
City hereby grants to Contractor 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 city limits of the City of Fort Worth and
more specifically demonstrated in Exhibit A. City resetves 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 through the �City's Police Depai�tment'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
operated by Contractor. City may consider 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. Officers shall report
all violations of this contract to the appropriate City personnel. Contractor, during the
term of this Agreement, shall perform the following duties and have the foilowing
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 numbei; further, Contractor shall
notify the City of any change of ownership, pres�dent or chief executive officer, change
of address or corporate organization within five (5) City business days of any such
change. Contractor shall maintain records of the vehicles towed and charges of tows
from 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
Agreement.
7.2 Res�onse Time.
The failure to provide records to the City is a violation of the
Contractor shall be capable of receiving requests for setvices from City through the City's
Dispatch System or other means as required by City, on a 24 hour basis, 365 days a year
Agreement for Police Initiated Towing Service
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�
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 extraordinary
situations where delay is caused by ice, snow or other weather related conditions. In the
event Contractor fails to respond as required, City may notify another wrecker Contractor
and Contractor shall not be entitled to the compensation to which it would have been
entitled had it arrived within the 30 minute time limit.
7.2.1 Response Time Violation.
The course of disciplinary action shall be up to the City, including written notice,
suspension, and/or termination of contract, which can be taken if Contractor
violates response times.
1) Company Disregard: The Contractor will be allowed five (5) `Company
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 Contractor will be allowed ten (10) `Company Decline'
calls within a thirty (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 call. Under no
circumstances will the City be invoiced or pay for City initiated cancellations.
7.3 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. Delivery shall be made without delay or detour
must:
Agreement for Police Initiated Towing Sen�ice
Contractor
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1) Comply with the Auto Pound processing requirement listed in Exhibit 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 out 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�.
Contractor shall 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 representative 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 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 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 30, Part
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. Contractor shall
adhere to ail laws and regulations concerning Diug Testing requirements set by Texas
Agreement for Police Initiated Towing Service
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Department of Licensing and Regulation (TDLR), Texas Administrative Code, Title 16,
Pat�t 4, Chapter 86, Rule Section 85.710. Contractor's employees will comply with all traffic
laws when operating vehicles.
7.8 Meeting Rec�uirements
Contractor shall attend City meetings as requested.
7.9 Compliance
Contractor shall manage all operations for the Divisions accordingly and ensure that
services are perfoimed to industry 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 Texas Occupations Code, Section 2303.002(8), or as amended. Contractor
must maintain business operation twenty-four (24j hours a day, seven (7) days per week
three hundred and sixty fve (365) days per year including holidays and weekends.
8.2 Contractor's Towin� O�erations.
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 (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 term of this contract. Any compliance failures with VSF
inspections in accordance with City's requirements shall result in suspension or
termination of this contract.
9.
SUSPENSION AND TERMINATION
Agreement for Police Initiated Towing Service Page 13 of 23
All worlc performed by Contractor hereunder shall be performed to the satisfaction of
the City. The determination made by the City shall be final, binding and conclusive
on all Par�ies hereto. 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 from 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 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 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 term and/or condition specified in this Agreement;
2) Permitting a tow truck to be operated by anyone while under the influence of
alcohol and/or illegal drugs;
3) Performing services under this Agreement while consuming, or while under the
influence of drugs or alcohol;
4) Permitting a tow truck to be operated by anyone whose operator's license is
suspended;
5) Transferring or assigning any call for service to any other Contractor;
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 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
performing inspections or contract compliance duties;
9) Failure to comply with any state or federal law or code or City ordinance related
to the operation of a wrecicer Contractor;
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10) Disobeying traffic control devices (traffic lights, stop signs, etc.);
11) Using any type of siren besides the backup 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 malcing duplicate charges for the same
service or charge any fee in excess of those permitted 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, 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, recicless, 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 hearing sent by
certified mail, return receipt requested, or by personal service.
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 (15) 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 make written findings of
fact and conclusions without undue delay. The hearing officer shall further issue
written orders appropriate to their fndings within thirry (30) days of conclusion of
the hearing.
Agreement for Police Initiated Towing Service Page 15 of 23
6) If grounds exist for the revocation of a license or permit, the hearing officer may
order such license or permit revolced 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 revokes a license or permit, they shall further
deliver to the Contractor written notice of the right to appeal.
10.
INDEMNIFICATION
10.1 General Indemnification.
With regard to any liability which might arise hereunder, City and Contractor
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, seivant, subcontractor or employee. Nothing contained herein shall
be consttved to be a waiver by City of any right of protection that it enjoys under
applicable State or Federal law.
10.2 Environmental Indemnifcation.
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 ENVIRONMENTAL
RELEASES AND/OR DAMAGES AND THE VIOLATION OF ANY AND
ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE
HANDLING, COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL,
TREATMENT, RECOVERY, AND/OR REUSE, BY ANY PERSON, OF
HAZARDOUS WASTE WHEN 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 PER50N OR ENTITY.
11.
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11. 1 Contractor warrants that it understands the currently known hazards and suspected
hazards which are presented to persons, property and the environment by hazardous
waste. Contractor fut�ther warrants that it and its officers, agents, employees, and
subcontractors will perform all setvices under this Agreement in a safe, efficient
and lawful manner using industry accepted practices, and in full compliance with all
applicable state and federal laws governing its activities and is under no restraint or order
which would prohibit performance of services under this Agreement. Approval by the
City shall not constitute or be deemed to be a release of the responsibility and liability
of Contractor, or its ofiicers, agents, employees, or subcontractors, 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 unmatured, foreseeabl� or unforeseeable, including without
limitation reasonable attorney's fees and disbursements and consultant's fees, any of
which are incurred as a result of the handling, collection, transportation, storage, disposal,
treatment, recovery, and/or recycling of hazardous waste pursuant to this Agreement,
or the existence of a violation of environmental requirements pertaining to same, and
including without limitation:
a. Damages for personal injuiy and death, or injury to property or natural resources;
b. Fees incurred for the services of attorneys, consultants, contractors, experts,
laboratories and all other costs incurred in connection with the investigation or
remediation of such hazardous wastes or violation of environmental requirements
including, but not limited to, the preparation of any feasibility studies or reports
of the performance of any cleanup, remediation, removal, response, abatement,
containment, closure, restoration or monitoring work required by any federal,
state or local governmental agency or political subdivision, or otherwise
expended in connection with the existence of such monitoring wells or violations
or environmental requirements, and including without limitation any attorney's
fees, costs and expenses incurred in enforcing this Agreement or collecting any
Agreement for Police Initiated Towing Service Page 17 of 23
sums due hereunder; and
c. Liability to any third person or governmental agency to indemnify such person or
agency for costs expended in connection with the items referenced in
"Environmental Requirements."
11.3 Environmental Requirements shali mean all applicable present and future sta.tutes,
regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans,
authorizations, concessions, franchises, and similar items, of all governmental agencies,
departments, commissions, boards, bureaus, or instrumentalities of the United States,
states, and political subdivisions thereof and all applicable judicial, administrative, and
regulatory decrees, judgments, and orders relating to the protection of human health or
the environment, including without limitation:
a. All requirements, including, but not limited to, those pertaining to reporting,
licensing, permitting, investigation, and remediation of emissions, discharges,
releases, or threatened releases of hazardous materials, pollutants, contaminants
or hazardous or toxic substances, materials, or wastes whether solid, liquid, or
gaseous in nature, into the air, surface water, groundwater, storm water, or land,
or relating to the manufacture, processing, distribution, use, treatment, storage,
disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic
substances, materials, ot• wastes, whether solid, liquid, or gaseous in nature; and
b. All requirements pertaining to the protection of the health and safety of
employees and/or the public. -
12.
ASSIGNMENT
Contractor shall not assign, transfer or sublet this Agreeinent or any portion
hereof to any party without the prior written consent of City that shall not be
unreasonably withheld. Any such assignment, transfer or subletting of this Agreement
without the consent of the City shall be void and shall operate as a termination hereof.
13.
iNDEPENDENT CONTRACTOR
It is understood and agreed by the parties hereto that Contractor shall perform all
work and setvices hereunder as an independent contractor, at�d 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
exclusive right to control the details of the work or service to be performed hereunder,
and all persons performing same on behalf of Contractor, and shall be solely responsible
for the acts and omissions of its officers, agents, servants, employees, contractors,
subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply
as between the City and Contractor, its officers, agents, servants, employees, contractors
and subcontractors, and nothing herein shall be construed as creating a partnership or
joint venture between the parties hereto.
14.
VENUE
The parties to this Agreement agree and covenant that this Agreement will be
enforceable in Fort Worth, Texas; and that if legal action is necessary to enforce this
Agreement, exclusive venue will lie in the state courts located in Tarrant County, Texas
or in the United States District Court for the Northern District of Texas, Fort Worth
Division.
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 unenforceable, the remainder of the terms, sections, subsections,
sentences, clauses, phrases, provisions, covenants, conditions or any other part of this
Agreement shall remain in full force and effect and shall in no way be affected, impaired
or invalidated.
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 previous and contemporary agreements between the
Agreement for Police Initiated Towing Sernice Page 19 of 23
parties relating to matters herein; and except as otherwise provided herein, cannot be
modified without written agreement of the parties.
18.
AUTHORIZATION
The undersigned officers and/or agents are properly authorized to execute this
Agreement on behalf of the parties hereto and each party hereby certifies to the other that
any necessary resolutions or actions extending such authority have been duly passed and
are now in full force and effect.
Agreement for Police Initiated To�ving Sen�ice
Page 20 of 23
IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples
in Fort Worth, Tan•ant County, Texas, this ��%; ��day of :�'� i� i�� -,,L�li A.D. 2013.
CITY OF FORT WORTH
•► :_ •: ►:ul
tnt Name S L1i"�1r•
Preside t�Owne •
Date: � as
APPROVAL RECOMMENDED
;
� �
�_� �
Jeffrey Halstead
Chief of Police
Date: -
APPROVED AS TO FORM
AND LEGALITY
Jes�ca Sangsvang
Assistant City Attorney
ATTEST:
C1� S
i
M&C Number: C�� 6 Ll 6�
Date Approved: ef"— Z y—/ �
City Ordinance: Article V, Wreckers
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Agreement for Police initiated Towing Sen�ice Page 21 of 23
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Page 22 of 23
i i: :
FW POLICE AUTO POUND OPERATIONS
The following rules and procedures shall be observed by Contractor upon arrival at
the Police Auto Pound.
1. The Auto Pound entiy 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 supetvisor.
3. For safety precautions, Contractor shall be required to off-load all Tilt Bed/Roll
Back cargo.
4. Auto Pound inventories shall be handled in an expeditious manner. Auto Pound
personnel shall conduct a complete inventory of all property and vehicles.
5. Contractor shall not assist Auto Pound personnel with inventory.
6. Contractor shall be required to follow directions and instructions of Auto Pound
personnel.
7. Contractor shall assist and comply with any investigation perfotmed by Auto
Pound personnel or the FW Police Departrrient in all regards.
8. Violations of any of the above shall be reviewed by the City's Senior Contract
Compliance Specialist or the Auto Pound Supervisor.
Agreement for Police Initiated Towing Sernice Page 23 of 23
M&C Review
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Page 1 of 2
C)ffiicial site af the City c3f (�qrk Nioiti7, Texas
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COUNCIL ACTION: Approved on 9/24/2013
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DATE:
CODE:
9/24/2013
�
REFERENCE
NO..
TYPE:
**C-26465
CONSENT
LOG NAME:
PUBLIC
HEARING:
35FY14POLICE
INITIATEDTOWING
,�
SUBJECT: Authorize Execution of Agreements with Compliant Wrecker Companies for Police
Initiated Towing Services for the Police Department (ALL COUNCIL DISTRICTS)
��:��.��a.��;�:- _ _�:�. f ��-� -�� w _, __ _ �.-: � ���,����-����;�,�� ����.
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
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/AccountlCenters
GG01 462624 0357201 0.00
Submitted for Citv Manaqer's Office by:
Originating Department Head:
Additional Information Contact:
GG01 539120 0357201 0.00
Charles Daniels (6199)
Jeffrey W. Halstead (4210)
Aya Ealy (4239)
ATTACHMENTS
Vendors attached to MC.doc
http://apps.cfwnet.org/council�acket/mc review.asp?ID=18991&councildate=9/24/2013
Page 2 of 2
9/3 0/2013