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HomeMy WebLinkAboutContract 28670i��� . � _ i- _ CONTRACT F�R T�W TRUCK SERVICE �ON� �� � Y�J �7� �� 1 (TILT BEDIROL� BACK) - - WHEREAS, the City af Fort Workh occasionally requires fhe services of tow trucks; and WHEREAS, such tow truck services are necessary to protect the safiety of the citizens of the City of Fort Worth, NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City af Fort Worth, hereinafter r�ferred to as "City", acting herein by and through Libby Watson, its duly a�thorized Assistant City Manager, and and TP Mofor Ltd., dba Alliance Towina & Recovery bv Mav's Rose Corp. it's General Partner, hereinafier referred to as "Compar�y", acting herein by and through Tuven C Nquyen, its duly authorized Pres�dent, agree as follows: 1. SERVICES Cify hereby contracts with Company fo provi�e po[ice pull towing service. As used herein, "palice pull" shall mean that the Fort Worth Police Depar�ment has cal[ed ComPany from the rotation list fo either remove a wrecked ar disabfed ve�icle or to remove a v�hicle in a safe driving condition, but the owner is not present, able or permitted to drive or to make authorizations. 2. TERM The initial term af this contract shall expire on Sepfember 30, 2003. In �dditian to the initial term of this contract, there sY�all be faur options to renew for terms of on� year each, unless earlier terminated as hereinafter provided. Renewal shaii occur upon City including in its budget for the options years sufficient funds to pay for its o��igations hereunder and Company providing �roof of insurance to City, 3. COMPENSATION 3.� Compensation. As compensation for pro�iding the services cor�templated by this Contract, Cify agrees to pay Company as fofl��; ,- � �� ������� { ���� ������a� � ��, �`���..��, ���, a} Towaqe. A charge of one hundred #wenty five �ollars ($125.OD} 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; such charge includes ane-half hour af Extra Work. In tY�e event Company responds to the scene of a police p�ll with a tilt bedlroll back truck when t�e police pull could have been accomplished with a standard tow trt�ck, Company shall be entitled fio the reduced eharge of Qne hundred �ollars ($100.D0}. b} Second tow vehicle. In the event the police offic�r at the scene determines that a standard taw vehicle is required in addition to the #ilt bedlroll back truc(c, a charge of One hundred Dollars ($100.00) per hour, with a minimum charg� of one hour, billed in increments of fifteen (15) minu#es while af fhe scene of the police �ull. A police su�ervisor shall appro�e the us� of a second taw truck. Travel time is excluded. c} Extra work. An addi�ional charge af One hundred dollars ($100.00) per hour, with a minimum charg� of one hour, charged in increments of fifteen (15) minutes, for removing vehicles that are off th� str�et righ�-of-way, such charge to be made from the tim� the opc�rator b�gins ta remove the �ehicle U�til it is on the travel�d portion of the sfreet. Even though the vehicle is within ti�e street right-of-way, an additional charge may be made if the vehicle is located in some unusual condition within the right-of-way, such as, b�t not limiied to, a ri�er or a creek bed or a ditch of greater depth than the ordinary bar ditch. Extra work snall only be allowed when authorized by a police officer at the scene of the pull. The charges for such extra work sha11 be reviewed and approve� by the Auto Pound Wrecker Administrator. Extra work excludes travel time, waiting time, and clean-up time. d) Handlinq hazardous materials. When the cargo of any motor vehicle or trailer includes explosive, nuclear, radioactive, hazardous or corrasive materials, as defined �y the Environmental Protection Agency, Texas Department of Transportafion, or the Texas Commission on Environmental Quality, a fee equaf to on� hundr�d-fifty (150} p�rcent of the charg�s Tilt Wredcer � Page 2 of l2 permitted under subparagraph "a" abo�e. ln add�tion, a charge may be made for expenses incurred re[ated to protective clothing and any other supplies ar squipment used in handling such materials, such charge being equal to the actuaf amoUnts incurred plus fifteen (15) percent. e) Nothing contained herein shall be construed so as to obligat� City to expend any sums of money except for work actually performed. Fur�her, nothing contained her�in shall be construed so as to guarantee that Cify will contact Company for any towing service contemplated by this Contract. 3.2 Invoicinq and Pavment. Company shall Invoice City ance per montY�. Company shall inclu�e with the invoice such documenfs as may be reasonably requested to provide evidence of the services provided to the City, whicE� at a minimum shall include copies of the wrecker selection form signed by the officer at the scene of the police pull andlor personnel at t�e For� Worth Auto Paur�d. Such invaice shall be sub�ect to the review and approval of appropriate City personnel. City shall remit payment ta Company not mor� than thirty (30) days follawing appraval of invoice. 3.3 Comqertsation Review. City shall review on an annual basis the compensation provided for hereunder, with fh� firsf such review to be conducted during the month of August 2003. Similar reviews shall occur in August of each succeeding year that this contract is in effect, City shall make adjustments in the compensation based upan increases ar decreases in the cost af doing business, taking into consideratian fuel, insurance, lahor, a�d such other casts as may be relevant to fhe operation af a towing business. 4. VEHICLE AND E{�UIPMENT REQUIREMENTS Company shall maintain at all times the following vehicles and equipment in working conditian: a) A minimum of ane (1 } tift bedlroll back dual rear wheel wrecker rated at nat less than 14,000 pounds gross v�hicle weight. �) At a minimum, all wreckers shal[ be equipp�d with the foflowing equipmenf, which af all times shall be mainfained in working order: T;it w�•�G���• 3 Page 3 of 12 1) 2) 3} 4} 5) 6} 7) 8) 9) 10) �1} 12} � 3) 14) 1�) Tow bar Towing lights Emergency a�erhead warning IigY�ts {red or amber color only} Safety chain Fire extinguisher, A.B.C. Type Wrecking bar Broom Ax Shovel Reflectors or traffic cones Trash contain�r Two way vaice or computer communication between tow truck and Company dispatcher Bacicing warning signals Wheel chocks Tra#fic cones c} Each wrecker shall have the identifying markings requir�d by the Texas Transportation Code, section 642.002, fn addition, each wrecker shall provide Notice of Complaint Pracedures to the owner ofi a towed vehicle as out[ined by the Texas Depar#ment of Transportation Rules and Regulations as contained in 43 Texas Administrative Code, Chapter 18, subchapter 18.89, as same may be amended from time to time. d) Each tow #ruck and the required equipment shall be inspectec� by the Chie�F of Police or his authorized designee prior to being used for services contemplated by this contract. In addifion, �acf� tow truck and t1�e r�quired �qui�ment shall �e subjeci to intermittent inspection to assure compliance with this contract. Tilt Wreckcr Page �4 of l2 4 5. INSURANCE REQIJfREMENTS Com�any shal{ maintain insuranc� of th� following types and amounts from insurers acceptable to the City: 5.1 Cammercial General �iability $500,000 each occUrrence $�OO,OOQ aggrega#e or Garage �iability $500,OQ0 each accider�t, other than auto $SQO,QQ� aggregate 5.2 Automobile Liability $500,000 each accident, combined single limit This coverage shall include all vehicEes own�d or non-owned that are operating under Company's operating authority. 5.3 CargolOn�Hoo� $3�,000 per unit Cov�rage shall ir�clude both the unit being towed and its contents. Units covered sh�11 inclu�e but not be limited to motor vehicles, trail�rs and boats. Coverage shall be written on a d�rect primary basis. 5.4 GARAG�KEEP�R'S LI/�BILITY $30,000 per unit 5.5 Worker's CompensationlAccident Insrarance Goverage shalE meet the minimum req�irements of state law as con- tained in the Motor Carrier R�les and Regulations. 5.6 Current insUrance certificates shal! remain on fiile w�th the City during the term of this Contract. lnsurance coverage may, at the sole discre#ion o�F the City, be re�ised upward upon thir#y (3a) days prior written nofice to Company. Policies shall be endorsed as follows: Tilt Wreeker E'age 5 of 12 5 i a} The Cify, its officers, empfoyees and servants shall be �ndorsed as an additional insured on all policies except �mployer's liability insurance coverage under the warkers' comp�nsation insurance �aolicy. b) Certificates af insuranc� shal� be delivered to the su�ervisor of the City of Fort Worth Auto Pound, 1301 E. Northside Dri�e, Fort Worth, TX 76102, prior to any work being performed under this contract. c) Any failure on par� of th� City to request req�irec� insurance documentation shall not constitu#e a waiver of the insurance requirements specified herei�. d) Each insurance pol�cy shall be endorsed ta provide th� City a minimum thirty days notice of cancellation, non-renewal, andlor material change in policy terms or coverage, A ten days notice shall �e acceptable in the event of non-payment of premium. e} lnsurers musf be autharized to do busines� in the State of Texas ar�d have a current A.M. B�st rating of A: VI l or equivalent measure of financial strength and solvency. f) Deductible limits, or self-funded retention limits, on each po�icy must not exceed $1 D,DOO.OQ per occurrence unless otherwise appro�ed by the City. g) Otherfhan worker's compensation insurance, in lieu of tradi#ional insurance, City may consider alternative coverage ar risk treatment m�asures through insurance pools or risk retention groups. TE�e City must approve in writing a�y alfernative coverag�. h) Work�rs' compensation insurance policy(s} covering emp[oyees shall be endorsed wifh a wai�er of subrogation providing rights of recovery in fa�or of th� City. i} City shall not be responsible for the direct �ayment of insurance premium casts. j} Insurance palicies shall each be endorsed to provide fhat such insuranc� is primary protection and any self-funded or comm�rcial coverage maintained by City shall not be called upon to contribute fo loss recovery. Till Wrecker I�age G of l2 � k) Company shall repork, in a timely manner, to City's officia�ly designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or wnich could result in a property loss. I) Company's liability shall not be limited to the specified amounts of insurance req�ired herein. m} Upon the request of City, Company shall pro�ide complete copies of all insurance policies required by these contract �ocuments. 5.7 ln the svenf a state or federal law, rule or regufation pertaining to wrecker service compani�s operating within th�; S#ate of Texas exceed insurance r�quirements spec�fied nerein, such state or federaf law, rule or regulat�on shall prevail for the respective type of insurance coverage andlor limit thereof. � DIJTIES AND RESPONSIBILITIES OF COMPANY Company, during tne term of this contract, shall perfarm the following duties and have the following responsibi�ities: a) Maintain as its primary business the towing ofi �ehicles or trailers by wreckers mee�ing the requirements of paragraphs 4{a} and 4{b} abave. "Primary business" sf�all mean that Company receives more than fifty per- cent (50%) of it grass revenues from the towing of vehicles and trailers. All of company's records shall be open to reasonable inspaction, both af tt�e time of execution of this agreement and at any time during the term hereof, to verify complianc� with this conditian. b} Maintain a currently lic�nsed vehicle storage facility located within th� corporat� limits of the City. "Vehicle storage facility" shall mean a facility operat�d by a person under Articl� 6fi87-9a, Revised Statutes. c) Maintain business operation twenty-four (24) hours a day, sev�n days per week. d) Respand fo all calls contemplated by this contract within thirty (30) minutes of notif�cation, except in extraordinary situations wnere delay is caused by ice, snow, or ather weather related canditions. In the event Gompany fails to '['ilr wrecl<er P:�ge 7 o f! 2 % respond as required, City may notify another wrecker company and Compar�y shall not be entitled to the compensation to which it would nave been entitled had it arrived timely. e) Maintain on file with the Ci�y the name of the owner, president or chief executive afficer, business address and telepho�e number; further Com�any shal� notify the Gity of any changa of awnershi�, president or chief executive officer, nr change of address within five (5) business days of any such change. f) Deli�er the motor vehide being towed to the location within the corparafe limits of Cify designated by the paEice afficer a# the scene of the �ull. ❑elivery shall be made withaut delay or detour. g} Fully cooperate with any inv�stigation conducted by the Cify regarding complaints against Company, whether or not such complaints arise out of services contemplated by fhis Contract. tt) Shall not become delinquent in the payment of any taxes due to City. i) Shall not ga to any accident scene Unless the Company has been called to tF�e scene by the owner or operafor of a vehicle or an authorized represen#ative of same, or by the City. j) Completely remove all �ebris resulting from any accident fo wi�ich the Company is responding. Remova� of debris shall not be considered complefe by merely sweeping it to the curbEine. k) Shall not so[icit 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 fihe purpose of saliciting the business of fowing, repairing, wrecking, storing, trading, or purchasing the �ehicle. I} Shal[ only employ drivers af tow trucks autharized to operate same. m)Provide the Police Pound personnel with an invoice at the time #t�e vehicle is delivered to tF�e Auto Pound together with the signed wr�cker s�[ectior� form to be provided. Tilt Wrecker Page 8 of ] 2 E. 7. TERMINATION AND SUSPENSIDN 7.1 This contract may be terminated or suspended by the City for any of #he following causes: a) Violation af any term or condition specified in this contract. �} Failure to notify the Commu�ications Division of the Police Departmer�t within fifteen (��) minufes from the fime of notification if the Company wilf be unable to respond within the thi�ty (30} minutes allotfed for a response ta a wrecker call. c) Permitting a tow truck to be operated by anyone while un�er the influence of alcohol ar�dlar drugs. d) Permitting a tow truck to be operated by anyone whose operator's license is suspended. e) Transferring or assigning any call for service to any other company f) Any sustain�d complaint of th�ft by personnel of Company while acting in their capacity as employees of Com�any, whether occurring during a palice pull or otherwise. g} Any sustained comp[aint of threats made by personnel of the Company while acting in their capacity as emplayees of Company made agairtst t�ird parti�s during a police pull or otherwise. h) Failing to comply with all directions of pof�ce personnel at the scene of a polic� pull or civilian or palice personn�l at the Po[ice Auto Pound. Company may request a police superviso� to validate any such direction given. i} Failure to comply with any stafe ar federa! law or city ordinance related to the aperation af a wrecker company. j) Five (5) passes within a thiriy (30} day period. Pass in this 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. Tilt Wrecker Pu�e 9 of l2 E 0 k) Ten (10} passes within a thirty (30} day period. Pass in this paragraph shall m�an a Company notifying t�e City of its inability to respond to a reguest for s�rvic� as required by paragraph 2 above. I) Violation of any rule or regulation contained in Exhibit "A" attached hereto. 7.2 City shall notify Campany in writing of its intent fo terminate or suspend for cause twenty (20) days priar ta such suspension ar termination. Company shall have the right to request a hearing 6efore the Chief of Police or his designee regarding the intent to terminate or suspend far cause by requesting a hearing in writing within five (5) business days after receipt of notice afi inter�t ta terminate or suspend. A hearing shap be can�ucte� within fifteen (15} days of the requesf for hearing. The City, in its so1�; discr�tion, may tempora�ily suspend this contract durin� any appeals process. 7.3 In the evenf this contract is sUspended for cause, the suspension shall be for a period of time of not less than six {6} months nor more than twel�e (12) months, 7.4 In the event City suspends or terminates this contrac� for cause, and the cause for sucY� suspension or termination is determined to be �nvalid, Campany's sole remedy shal� be reinstatement of this contract. Company expressly waives any and all righis to monetary damages, including but not limited to actual and punitive damages, court costs and attorney's fees. 8. 1NDEMNIFICATION With regard to any liability which might arise hereunder, City and Customer agree that they shall b� solely and exclusively [iabls for the negligence of its own agents, servants, s�bcontractors and employ��s and that neither party shall look to the other pa�ty to save or hfl[d it harmless for the consequences of any negligence on the part of one of its ow�n agent, servant, subcontractor or �mployee. Nothing contain�d �erein shall be construed to be a waiver by City of any right of protection that it enjoys under applicable State or Federal law. Ti�t Wrecker 1'age 10 of 12 �d � ASSIGNMENT Company shall not assign, transfer or sublet this Contract or any portion �ereof to any party without the prior written consent of City that shall not be unreasonably withheld. Any such assignment, transfier or subletting of this Contract shall be void and shall operate as a termination hereof. 10. ZONES AND ROTATION LIST A. City shall divide the city into four (4) zones thaf sf�all correspon� to the #our (4) patrol divisions. Company shall be assigned to the zone or an adjacertt zone in which it maintains its principal place of business. B. City shall create a rotation list within each of the fo�r (4) zones that will dictate the order in which wrecker campanies are contacted. C. City may request Company to conduct a police pull witE�in any zone, and Company agrees to use its best efforts to arri�e at the scene of the poEice pull within thirty {30) minutes. 11. INDEPENDENT CONTRACTOR It is und�rstaod and agreed by the pariies hereio that Company shal perForm afl work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. Company shall have exclusive con#rol of �n� the excl�sive right to control the details of the work or serv�ce to be performed h�reunder, and all persons performing �ame on behalf of Company, and shall be solely responsible for the acfs and omiss�ans of its officers, agents, senrants, employees, cantractors, SUbCQl�tfaCtq�'s, licensees and in�itees. The doctrine of respondeaf superior shall nat apply as between the CEty and Company, ifs officers, agents, servants, emp[oyees, contractors and subcontractors, and nothing herein shall be consfrued as creating a partnership or joint �enture between the parties herefa� In witness whereof, the parties hereto have executed this Contract or� the day of , 20 Tilt wrec€cer Page ] l ol' 12 11 � ATTE ST: , . . �_ - � �� -. , Gloria Pearson . � City Secretary APPROVED AS TO FORM AND LEGALITY � Assistan ity Attorney ATTEST: Corporate Secre#ary Ti�c wreckar Page 1Z of 12 12 CITY QR�FORT W�TH By� � J Y ' I�by VI�'on Assisfant City Manager y� ��~I ���tr�ct �ut�ori���ivn �..�,� �`�- .. _- — d--,------ ���� TP Motor Ltd., dba Alliance Towing & Recovery bv Mav's Rose Corp. it's General Partner {Company Name) By: -� � Tuyen C N uyen, Presid�nt EX�-IISI'I' A .�.�T7C� POVI�I) Tl�e faIlnwing i•ules �nd regulatiions will be fo[lowed by ALL Wrecker Companies upon �rriv�I at tlie Auto Pound. 1. The entry gate will not be blocl�ed by wreckers waiti�lg to eilter or exii the Auto Pound. 2. No wrecicer sllall ei�ter the Auto Parind wit1� more than one (1) personloperator, unless autlzorized by the on duty s�iift supervisor. This will be doi�e oi� a case �y case basis. 3. Far safety reasons, a Car Cai7ier will t�e requited to off Ioad their cargo vvl�en possible. Tlus shall be detenni��ed by the on duiy supervisor. 4. Inventories should %e ha�ldled in an expeditious ina.i�ner when possible. However, Auto Po�u1d perso��n�l are r�quired to do a conlplete and precise in�entory of a11 propez�ty and vel�icles. A specific tiine frame would be impossible to institute. 5. No wrecicer driverloperator will �5�15� W1�I1 any in�entory beiiig conducted i�y Auto Po�ind personnel. 6. Tl�e use of Car Ca�1-iers, extra tiine, extra equipiuent, etc., shall be subject to ap�roval by the Wrecker Adininistraior or Atilto Pound Supervisar. 7. Wrecl{er drivers/operatars/owners sball be required to fallaw any directioz�s or ii�str�ictio�is givezi Uy Aiito Pollnd personnel. 8. Wrecicer Co�npai�y Owners s1�all assist and camply witl� any investigation perfai7ned by Auto Pound personnel or the Fort Worth Police Department in regards to tlieir cai�npany, driver, operator and or business withouf hesitation. 9. �iolations of any of tl�e abnve rules shall be subject to review by tlie Wrecker Administrator or Auto Pound �upei'visor. The Auto Potuid Supe�visor or a higller level of coi�-ulland may determine disciplina.��y action up to aa�d including tenr�i��atian oi contract. �`iiy of �'o�� Worth9 fiexas ���� c�nd �c���c�� �,�r�r���tic���a� DATE REF�RENC� NUMBER LOG NAME PAGE 4/8iO3 �o� ���4 35TOW5 1 of 2 SUBJEC'f SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON- C4NSENT TOWING OF WRECKED OR ABANDONE� VEHfCLES FROM MULTiPLE I VENDORS REQ�IRED BY CITY ORDINANGE FOR THE POLlCE DEPARTMENT RECOMMENDATION: It is recommen�ed that the City Council: 1. Aufhorize contract� for Palice Depar#ment requested non-oonsent towing af wrecked or abandoned vehicles from multiple vendors as required by 5�tion 34�-181 af the Code of the Ci�y af Fart Worth (198�), as amended; and 2. Authorize the confiracts io begin April 8, 2003, and expire Sep#ember 3D, 2003, with optians to renew for faur a�ditional one-year periods; and 3. Ado�t the attad�ecl supplemental appropriation ordinance increasing estimated reoeipts and appropriations by $446,944 in the Genera! Fund from available funds. DfSCUSSION: Section 34-181 0# the Code of the City af Fort Worth (1986), as amended, required that all police department, non-oonsent fows, shall 6e undertaken pursuant to contrac�, specifically executed f�eetween the City and a �vrecker oompany. The Pu�lie Safety Committee e�ctensively reviewed the new rates and unanimausly approved this recommendataon on March 25, 2003. There are three types of canfiraci� and rates as fol lows: • Standard tow trucks $�00 • Ti[t bedlrollback tow trucks $125 � Tandem tow truc�Cs $180 Cantracts wiil be executed wit� any vendor desiring to pertorm non-oonsent tows for the Palioe Deparkment, if they meet the oontract r�quirements such as tawing operations being the v�dors primary business, equipment specifcations, insuranoe, and a focally lioensed storagefacility. The fee.s for servioes to be provided and assignment to one of four zones are #he same as con�ain�c! by City Cade. The estimated ex�nditure for th� servioes is $1.8 million per year including the anticipated increase (of $44G,944) for the remainder of the fiscal year based on the revised raties. This inc�e will be affset by revenue col lected as fees. RENEWAL OPTIONS - Th� aontrac�s may be renevved for up to four suooessive one-year terms at the City's option. This action does not require specific City Council approval provided the City Council has appropriafied C'ity of �o�i T�o�th, Texas ay�r� ��t� �,���r�c�[ ��r�rr���;��t��r� DATE REFERENCE Nl1MBER LOG NAM� PAGE 418/03 ��19a4�. 35TOWS 2 of 2 SUB.IECT SUPPLEMENTAL APPROPRIATI�N ORDINANCE AND C�NTRACTS FOR NON- CONSENT T4WING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE VEND�RS REQUlRED BY CITY ORDINANCE F�R THE POLICE DEPARTMENT sufficient funds to satisfy the C9ty's abf igation during fhe renewal term. FISCAL INFORMATIONICERTIFICATI4N: The Finance Direc�or certifies ihat upon approvaf and completion af the above recommendations and theadoption of the aitached supplemental appropriation ordinanoe, funds will be available in the current operating budgef, as appropriated, of the General Fund. LW:r Submitted fnr City Manager's office by: I FUND I ACCOUNT � CENTER � (ta} � GG41 539124 0353403 G183 I GG01 �62624 0353403 AMOUNT CITY SECRETARY Libby Watson Originating Department Aead: $44G,944.Op $446,944.0� � � Ralph Mendoza 48386 �(from) � APPROVED 04/08/03 �ity o��'or� Worth9 T'exas �r���c c�rtd ��u����l �c��r�c�n�c�t��� DATE REFERENC� NLJMBEF2 LOG NAM� PAGE 4I8103 �.� g��� 35TOWS I 3 of 2 su��ECT SUPPLEMENTAL APPROPRIATION �RDINANCE AND CONTRACTS FOR NON- CONSENT TOWING �F WRECKED OR ABANDONED VEHfCLES FROM MULTIPLE VENDQRS REQUIRED BY CITY ORDINANCE F�R THE POLICE �EPARTMENT GG01 53912p �353403 $446,94-4.00 � ORD.# 15517 Additional Infarmaiian Gontact: � I � Susan Alanis 7$262 I I