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HomeMy WebLinkAboutContract 28649� r ; - .. �li�l( S�CR�T�R� �} � G�N�RA��' I� , o� � CONTRACT FOR TOW TRUCK SERVICE (STANDARD SERVICE} WHEREAS, the City of Forf Worth occasiqnally requires the s�rvices of tow trucks; and WHEREAS, such tow tr�c�C services are necessary to prq#ect the safety of the cifizens of ti�e C��y of Fort Worth, NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City of Fort Worth, hereinafter referred to as "City", acting herein by and thraugh Libby Watson, ft5 duly autnorize� Assistant City Manager, and Melanie J�nsen individualiv owned and dba Action Wrecker 5ervice, hereinafter referred to as "Company", acting herein by and through Melanie Jensen, its duly authorized Owner , agree as follows: 9. SERVIC�S City hereby contracfs with Company to pro�ide palice pufl towing service. As used herein, "police pulC' shafl mean that fhe Fort Workh Police Department has called Com�any from the rotation Ifst to either remove a wrecked or disabled vehicle or fo r�move a vehicle in a safe driving condition, but the owner is not presenf, able or permitted to driv� or to make authorizations. � TERM The inifial term of this contract sha�l expire on Septem6er 30, 2flQ3. In addition to the initia� term of this contract, there shall be foUr options to renew for terms of one year each, unless earlier termina�ed as hereinafter pravided, Rer�ewal shall occur upan City including in its bu�get for the options years suffici�nt funds to pay for its obligations her�un�er and Compat�y providing proof of insurance to City. 3. C�MPENSAT[ON 3.1 Com�ensation. As compensaiion far providing the s�rvices contemplated by this Contract Cify agrees to �ay Company as fqf��; - '�� � � �, � ip}�'ra,.. �a. , . .�� as���� �11�°�? �-;�r ;������ � . 1 T a) Towage. A charge of On� hundred Dollars ($10Q.00) far towing such vehicle from one point on a street to another location within the corporate limits of the city as directed by the polic� department at tha place where the tow ariginated; sUch charge includes one-half haur of extra work. b) Second tow truck. In the event the �olice officer at the scene determines that a second tow fruck is required, a charge af One hundred dollars {$100.00) per hour, with a mir�imum charge of one hour, billed in increments of fifteen (�5) minutes while at fhe scene of the police pull. A police su�ervisor shall approve the use of a second fow truck. Travel time is excluded. ' c) Extra work. An additional charge of one hundred do[lars ($1 D0.00} per hour, with a minimum charge of one hour, charged in increments of fifteen �� 5) minut�s, for removing vehicles that are ofF the street right-of-way, such charge to be mad� from the time the operator begins to remov� the vehicle until it is on the travel�d por��on af the street. Even though the vehicle is within the street right-of-way, an additianal charge may t�e made if the vehicle is located in some unusual condition within the right-of-way, such as, but not limited ta, a river or a creek b�d or a ditch af greafer depth than the ordinary bar ditch, Extra work shall oniy be allowed when authorized by a police officer at �he scene of the pull. The charges for such extra work shall be reviewed and approved by the Auto Pound Wreck�r Administrafor. Extra work excludes tra�el time, waiting time and ciean-up time. d} Use af a dolly. No additional fee shall b� charged for the use of a dolly. e} Handlinq hazardous materiafs. Wh�n the cargo of any motor vehicle ar trailer includes ex�[osive, nuclear, radioactive, hazardaus or corrosive materials, as defined by the Environmental Protection Agency, Texas Department ofi Trans�ortatian, or the Texas Commission on Environmental Quality, a f�e equa! to orte hundre�-fifty (150) percent of the charg�s which may b�; assessed pursuant #o subparagraph "a" above. In addition, a charge may be made for expenses incur�ed related to protective clothing and ar�y Stanciard Wrecker 2 Paga 2 of 12 other supplies or equipment used in handling such materials, such char�e being equal fo the actual amotants incurred plus fifte�n ('[5) percent. f) Nothing contained herein shall be construed so as to obligat� City to expend any sums of money. Further, nothing contained herein sf�all b� construed sa as to gtaarantee to Company that City rrvill contact Company for any towing services contemplated by this Contract. 3.2 Invoicinq and Pavment. Company shall Invoice City once per month. Company shall include with the invoice s�ch documents as may be reasonably requested to pravide evidence of the servicas provided to the City, which at a minimum shall include copies af the wrecker selection form signed by the officer at the scene of t�e �olice pull andlor personn�I at the Fort Worth Auto Pound. Such invaice shall be subject to the review and approval of appropriate City personne�. City shall remit paym�nt to Company not mare than thirty {30) days follawing approval of invoice. 3.3 Compensation Review. City shall re�iew on an annual basis the compensation provided for hereunder, with the first such revi�w �o be conducted during the month of August 2a03. Similar reviews shall occur in Augus� of each succeeding year t�af this contract is in effect. City shall make adjusfinents in the compensat�on bas�d upan increases or decreases in the cost of doing b�siness, taking into cansideration fuel, insurance, labor, and such other costs as may be relevant to the op�ration of a fowing �usiness. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Company shall maintain at all times the fol[owing vehicles and equipment in working condition: a) A minimum af twa (2) wreckers, one of whic� sE�all be not less than 14,�0(} pounds gross vehicls weight and one of which shall b� not less than 10,000 paunds gross vehicle weight, dua� rear wheels, equipped with a hydraulic operated winch, winch lines, and a boom rate� at nat less than 8,000 pound lift capacity and a wheel lift device rafed at not less than 2,5�0 pounds. Standa�d Wrecker 3 Pa�e 3 oF 12 b) At a minimum, all wreckers shall be equipped with the following equipment, which afi all times sha[] be mainfained in working order: �} 2) 3) 4) 5) �) 7) 8) 9) � 0) ��) 12) �3) 14) Taw bar Towing lights Emerger�cy overhead warning lights (red or amber color only} Safefy chain Fire extinguisher, A.B.C. Type W recking bar Broom Ax Shovel Reflectiors or traff�c con�s Trash container Two way �oice or camputer comm�nication between tow truck �nd Company dispatch�r Backing warning signal Wheel cnocks c) Each wrecker shall have the identifying markings r�quired by #he Texas Trar�sportation Code, section �42.002. In addition, each wreck�r shall provide Notice of Com�laint Procedures to the owner of a towed vehicl� as outlin�:d by the Texas Department of Transportation Rules and Regulations as contained in 43 Texas Administrative Cade, Chapter 18, subchapter 18.89, as same may be amended from time to time. d) Each tow trucK and the required equipment shall be inspected by fhe Chief of Police or his authorized designee prior to be�ng used for services contemplated by this contract. In addition, �ach taw truck and the required equipment shall be subject to intermittent inspection to assure compliance with this contract. Standard Wrecker 4 I'uge 4 oF l2 � � 5. INSURANCE REQIJIREMENTS Company shall maintain insurance from insurers acceptable to City of the following types and amounts: 5.1 Commercial Generaf Liab'rlity $500,�00 each accurrence $500,OOfl aggregate or Garage Lialaility $500,000 each accident, other than auta ��aa,00� aggr�gate 5.2 �►utomobile Liability $500,Q00 each accident, combined sir�gle limit This coverage shall include al1 vehicles owned or non-owned that are operatin� under Company's operating authorify. �.3 CargolOn�Hook �30,000 per unit Coverage shall include bofh the unit being tow�d and its contents_ Units cov�red shall include but not be limited to motor vehicles, trailers and boats. Coverage shall be written on a direci primary basis. 5,4 GARAG�K��P�R'S �IABI�ITY $30,000 per unit 5.5 Worker's CompensatianlAccident Insurance Coverage shall meef the minimum requirements af state iaw as cor�- tained in the Motor Carrier Rul�s and Regulations. 5.6 Current insurance cerkificates shall remain on file with the City during the term of this Cantract. Insurance coverage may, at the sole �iscretion of the City, be revised upward upon thirty (30} days prior written notice fo Company. Policies shall be endorsed as fo[1ows: Standard Wrecker Page 5 of l2 S a) The City, its officers, employees and servants shall b�; endorsed as an additic�nal insured on all policies except employer's liability insuranc� coverage under the workers' compensation insurance policy. b) Certificat�s of insurance shall b� deliv�red to the supervisor af the City of Fork Worth Au#o Po�nd, 130� E. Nor�hside Drive, Fort Worth, TX 76102, prior to ar�y work being performed under this contract. c} Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d) Each insur�r�ce policy shalf be encfarsed fa provide the City a minimum thirty days notice af cancellatian, non-renewal, andlor material change in policy terms or coverage. A ten days notice shall be acceptable in the event af non-payment of premium. e) lnsurers must be a�thorized to do business in the State of Texas and have a current A.M. Best rating of A: Vll or equi�alent measure of financial strength and solvency. f} Deducti�le I�mits, or s�lf-fund�d r�tention limits, on each policy must not exceed $10,OQ0.00 per occurrence �nless otherwise approved by the C�ty, g) Otherthan worker's compensation insurance, in lieu of traditional insuranc�, City may consider alternative coverage ar risk treatment measures through insurance pools or risk retention groups. TE�e City must appro�e in wrifing any aiternative coverag�. h) Wor{cers' compensation insurance palicy(s} covering employees shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i) City shall not be responsible for the direct payment of insurance premium costs. j} Insurance policies shall each be endorsed to provide that such insuranc� is primary prot�ction and any self-funded or commercial coverage maintained by City shal[ not be called upon to contribute to loss reco�ery. 3landarcl Wred<er k'a�e G of l2 C k} Company shall report, in a time�y manner, to City's officially designated contract administrafor any known lass occurrence wl�ich could give rise to a liability cfaim or lawsuit or w�ich could result in a property loss. I) Company's Eiability shall noi be limite� #o t�e s�ecifie� amounts of insurance required hereir�. m) llpon the request of City, Company shalf provide complete copies of a!I insurance policies r�quired by these contract documents. 5.7 In the event a state or f�deral law, rule or regulation pertainin� to wrecker service campanies operating within th� State of Texas exceed insurance requirements specified herein, such �tafe or federa! law, rule or regulation shalf pr�vail for the respective type of insurance co�erage andlor limifi thereof. 6. DIJTIES AND RESPONSIBfLITIES OF COMPANY Company, during the term of this contract, shall perform the followin� duties and hav� th� fallowing responsibilities: a) Maintain as its primary �usiness the towing of �ehicles or trailers by wreckers meeting the requirements of paragraphs 4(a} and 4(b) above. "Primary business" shall mean that Company receives more thar� fifty per-cent (50%) of it gross revenues from the fowin� of v�hicl�s and trailers. All of com�any's records shall be open to r�asonable inspection, both at the time of execution of this agreement and at any time dUring the term her�of, to �erify compliance with this condition. b) Maintain a currently lic�ns�d vehicle storage facility [ocated within the corporate limits of the City. "Vehicle storage facility" shall mean a facility operated by a perso�t Iicensed under Artic[e 6687-9a, Re�ised Statutes. c) Maintain business operation twenty-four (24} hours a c{ay, se�en days per weeK. d) Respond to alf calls contemplated by this contract wiihin fhirty {30) minut�s of notification, except in extraordinary situations where delay is caused by �ce, snow ar other weather relat�d conditians. In the event Gompany fails fio respond as required, Cify may notify another wrecker company and Company Standard Wrecker 7 Page 7 of 12 7, TERMINATION AND SUSPENSION shal[ not be entitled to the compensation to which it wouEd have been entitled had it arrived timely. e) Mainfain on file wit� the City the name o�F the owner, president or chief ex�cutive officer, business address, and tele�hone num�er; further, Company shall natify ihe City of any change of awnership, president or chief executive officer, or change of address witnin five (�) business days of any such chang�. f) Deliv�r the motor vehicfe being towed to the location within the corparate limits of City designated by the police officer at the scene of the pull. Delivery shall be made withou# delay or detour. g) Fully cooperate with any investigation conducted by the Cify regarding complaints against Company, whether or not such complaints arise out of services contemplated by this Contract. h) Shall not become delinquent in the payment of any taxes due to City. i) Shal] not go to any accident scer�e unless the Company has been called to the scene by the owner or operafor of a vehicle or an a�ati�orized representative of same, or by the City. j) Completely remove aIl debris resulting from any accident to which th� Company is respor�ding. Removal of debris shall not �e considered complete by merely swe�:ping it to the curbline. k) Shall not solicit any wrecker business within ihe corporate limits of City at the scene of a wrecked or disabled vehicle, regardless of w1�e�her the solicitation is for the purpose of soliciting the fJU51tl�S5 of towing, repairing, wrecking, storing, trading, or purehasing the v�hicle. I) Shall only employ �rivers of taw frucks authorized to operate same. m) Provide the Police Pound personne� wit� an invoice at the time the vehicle is delivered to the Auto Pound together wi#h the signed wrecker selection form tfl be provided, 7.1 This contract may be terminated or suspended by City far any of the following causes: Standard Wreeker Page 8 of l2 `3 • , ,. a) Violafion of any ferm andlor condition specified in this contract. �) �ailure to notify the Communications Division of the Police Department within fift��n (15) minutes from the time of notification if the Company will be unable to respond within the thirty (30) minutes allotted �For a response to a call for wrecker service. c} Permitting a tow truck to be operated by anyone while under the influence of alcahol andlor drugs. d) Permittir�g a tow truck to be operated by anyane whose operator's license is suspended, e) Transferring or assigning any call for ser�ice to any otF�er company f) Any sustained com�laint of thef# by personnel of Company wt�ile actirtg in their capacity as employess of Company, whether occurring dur�ng a police pufl or oth�rwise. g} Any sustained complaint of threats made by personnel of the Company whife acting in their capacity as employees of Company made against third �arties during a police pull or ot�erwise. h) Failing fo comply with all direcfions of police personnef at the scene of a police pull or ei�ilian employee at fh� Police Pound. Company may requsst a police supervisor fo validate any such direction given. i) Five (5) passes within a fhirty (30) day period. Pass in t�is paragraph shall mean Company failing to notify the City of its inability to respond to a request for service as required by paragraph 2 above. j) Ten (�0} passes within a thirty (30) day period. Pass in this paragraph sha{I mean a Company natifying the City of its inability to respand to a request for service as req�air�d by paragrapf� 2 above. k} Violation of any rul� or r�gulation contain�d in Exhibit "A" attached hereto. I) Failure to comply with a�y state or federal law or city ordinance related to t�e o�eration of a wrecker campany. i.2 City shall nofify Company in writing of its intent to terminate or suspend for cause iwenty (20) days prior to such suspension or term�nation. Company shall have the right to request a hearing before the Chiet of Police or his designee 5tandard Wrecker Page 9 af 12 � 0 regarding the intent to terminate or suspend for cause by requesting a hearing in writing within five (5) business days after receipt of notice of intent ta terminate or suspend. A hearing shall be conducted within fifteen (15) days of the request for hearing. Th� City, in its sole discretion, may temporarily suspend this contract during any appeals process. 7.3 In the event this cantract is suspended for cause, the suspension shall be for a period of time af not less #han six (6) months nor more than fwelve (12} months. 7.4 In tY�e event City suspends ar terminafes this contrac� for cause, and the cause for such suspension or termination is determined to be invalid, Company's sole remedy shall be reinstatement of this contract. Company expressly waives any and all rights to mo�etary damages, including but not limited #o acfual and punifive damag�s, court costs and attorney's fees. r�. INDEMNIFICATI�N With r�gard to any liability which might arise hereunder, City and Company agree tha� they shall be solely and exclusive[y liable for the negligence of its own agents, servants, subcontractors and employees and tnat neither party sha[I look to the other party to save ar hold it harmless for the consequences of any negligence on the park af one of its own agent, servant, subconfractar or emplayee. NotE�ing cantained nerein shall be constr�ed to be a waiver by City af any right of protection that it enjoys under applicable State or Federal law. 9. ASSIGNMENT Company shall not assign, fransfer or sublef this Contract or any partian hereaf to any party without the prior written cansent of City that shall not be unr�asonabiy withheld. Any such assignm�nt, transfer or subletting of this Contract without the canser�t af the City shall be void and shall op�rate as a termination hereof. scanclard wrecker 1� Page ]p ot' 12 0 10. Z4NES AND ROTATION LIST 10.1 City shall divide the city inta four (4) zones that shall correspond to the four (4) pafrol divisions. Company shall be assigned to the zone or an adjacent zone in which ii maintains its principal place of business. 1Q.2 City sha[I create a rotation list within each of the four (4) zones that will dictate th� order in which wrecker companies are contacted. 10.3 City may request Company to conduct a police pull within any zane, and Com�any agrees to use ifs besf efforts to arri�e at th� scen� of th� police tow witY�in thirty (30) minutes. 11. INDEPENDENT CONTRACTOR It is understood and agreed by the parties hereto that Company shall perfarm all work and services hereunder as an independent contractor, and not as an officer, agent, servanf or emplayee of the City. Company shal! have exclusive control of and the excfusive righf to control the datails of the wark or service to �e performed hereunder, and all p�rsons performing same on behalf of Company, and shall �e solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall no# apply as between the City and Company, its officers, agents, s�rvants, employees, contractors ar�d subcontractors, and nothing herein shall be construed as creating a partnership or joint �enture between the parties hereto. 5tandard Wrecker 11 Page l 1 of 12 � In witness whereof, the parties hereto have execufed this Contract on the ���� day of , 20Q� -, AT�ST: - � CITY� �FORT WiDF�TH � �� � B ,' ' , ,- � ; � A`� � _ �� �,: , Gloria P�ar�n � �ibby 1�l�son City Secr�tary Assistanf Cify Manager APPROVED AS TO FORM AND LEGALfTY Assistanf City Attorney ATTEST: Corporate Secre#ary � I��.���_� . . .. ,� �n�trac� �uthorization _x � - - ...___.�.�;_—_�._ - --- i�a�� Melanie Jensen inciividuallv owned dba Action Wrec4cer Service (Company ame) S By. Mel nie Jensen, Own r �����A� ������ ��� �������� ��� ��I���� ���. 5tandard Wreeker i2 = _ — Page 12 of 12 ������� � � ���� ����� T�Se �'a���o�vj�g r�[es �er�d re��ap�t��ons �iil be �aQ�o�red F�y �,L ���c�Cet- ��u�p��g�s u�po� �r�•ival �i the A�uto �'oaa�d. 1. Tl�e entry gate wi.11 not be blociced Uy wrecl�ers waiiing fa enter or exit the Auio Pous�d. ' 2. No w�•ecicer shall enter the Auto Pound witll mare t�1an one (1) �erso�/operatoz, ❑nless autIiorized by t11e o�� duty sl�i�i supez-v�isor. This will tae done on a case by C&5� 17?..eic. 3. For safety reaso�s, a Caz Ca�xier v�il� be required io off load their cargo when passible. Tlus si�a�l be d.eten�ined l�y t�ie oi1 duty supexvzsor. 4. Inventories sho�.ild be ha�dled in a� expeditiaus ma.i�ner when possib�e. However, Auto Potiusd perso�uel axe reqti�ired io da a complet� and �recise i�ventory of all propei-�y a.i1d velucles. A specific tiine �-ame wauld Ue im}aossil�le to ii3stitute. �. No wrecke�• d�-iver/operaior will assist wi�li ay.�y i�ventory being conducted by Auto �ow�d perso�el. 6. The use of Car Ca��-ier�s, ext�a time, ext�a equipnlent, etc., shall be sul�ject t� approval by ti�e Wrecker Administzator or Auto Potu�d Supeivisor. 7. Wrec�cer drivers/opera�ors/owners shall be req2aired to follow any directions or ii�structions givei� �y �Luto Po�iud personnel. � 8. Wrecicer Coi11���y Ow�7ers shall assist �aid comply wi� a�y investigatian perfoi7l�ed by Auto Pouiid �erso�uel or the Fort Wortlz Police De�artmeil� in regards ta their co�pariy, d�-iver, aperator and or busiriess wi�liot�t 1�esitation. 9. Vio�atioizs of any of the aUave rules shall be subject to re�few by �lie Wrecker Ad111L1115tT3�OT OT AllfO POUI2CI Sil�OI"VX50I. The Auto Pauild St�}�ervisor or a lugl�.er level of coinma�.ld n�ay detein�i�le disciplinaiy actioi� up to and 'uscluding tei�lination of con�iaci. City o, f�'o�t T�o�th, T'exas ���� ��d ������a ������;������ DATE REFERENCE NUMBER LOG NAME PAGE 418103 ��� 9�r�e� 35TOWS 1 of 2 suB.�ECT SUPPLEMENTAL APPR�PRiATION ORD�NANCE AND CONTRACTS FOR NON- CONSENT TOWING OF WRECKED OR ABANDOIVED VEHICLES FR4M MULTIPLE VENDORS REQUIRED BY CITY �RDINANCE FOR THE POLICE DEPARTMENT ____ RECOMMENDATION: If is recommended .that ihe City Council: 1. Authorize contracts for Pofice Department requested non-consent towing of wrecked or abandaned vehicles from multiple vendars as required by Section 34-181 of�the Code of the City af Fart Wortf� (1988), as amended; and 2. Authorize the cont�acts to begin Apri{ 8, 20Q3, and expire Septemher 3D, 2003, with options to renew for four additiona[ one-year periods; and � 3. Adopt the attached supplemental appropriaiion ordinance increasing estimated receipts ar�d appropriations by $446,944 in the General Fund from a�ailab�e funds. DISCUSSlON: Section 34-181 of the Code of the Ci#y af Fork 'VWarth (1986), as amended, required t�at all pofice department, non-consent tows, shall be under�aken pursuant to contract, specificaily executed befween the C�ty and a wrecker company. The Public Safety Commiftee extensi��ly re�iewed tf�e new rates and unanimausly appro�ed this recommendafiion on �larch 25, 20�3. There are three types af cantracts and rates as fallows: � Standard towtrucks $1QQ • Ti[t bedlrollbacf� tow #rucks $125 � Tanderr� tow trucks $9 80 Cantracts will be execu#ed with any �endor desiring to perform non-consent tows for ihe Palice Departme�t, if they meet the contract requirements s�ch as towing aperatians being the �endors primary b�siness, equipmen# specificatians, insurance, and a{acally lieens�d storage facility. The fees for ser►iEces to be provided and assignment to one of four zones are the same as contained by Gity Code. The estimated expenditure for these servEces is $1.8 million per year i�cfuding the anticipated increase (af $446,944} for the remainder of fhe fiscal year based on the revised rates. This increase wilC be offset b� revenue collected as fees. RENEWAL OPTI�NS - Thes� contracts may be renewed for up to four successive ane-year terms at the City's option. This action does noi require speciffc City C�uncil appro�al pro�ided the City Council �'ity of'1�o�t Worth9 Texas �y�� a��� �.�u����� �am��n������n DATE I�EFERENC� NUMB�R LOG NAME PAGE 418103 ��1 g��q�4 35TOW5 2 of 2 SUBJECT SUPPLEMENTAL APPROPRIATI�N ORDINANCE AND CONTRACTS F'OR NON- CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MUL.TIPL.E VENDORS REQIJIR�D BY CITY ORDINANCE FOR THE POLICE DEPARTMENT has appropriated sufficient funds to satisfy the City's obligation during the renewaf term. FISCAL INF'ORMATIONICERTIFICATION: The Finance Director certifies that upon appfoval and campletion of the above recommendations and the adoptior� of the attached supplemental appropriation ordinar�ce, funds wifl �e a�ailable in fhe current o�erating budget, as appropriated, of the Genera� Fund. LVIl: r Suhmitted for City Manager's Of#ice by: Libby Watson Originating Department Head: Ralpli Mendaza Additional Informafion Contack: Susan Alanis I FUiYD I ACGOUNT I �ENTER I (to) � GG01 539'120 0353403 6] 83 � GG01 462624 0353403 483$6 I (from) GG01 539920 0353403 � 78262 � AMOUNT $446,94A�.00 $446,944.00 � � � $446,944.00 � C1TY SECRETARY APPROV�D 04/�8/03 ORD.# ISSI7