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HomeMy WebLinkAboutContract 28671�. � � _(� :; ni,n . � ; �('�r� CITY S�CF��i'�►�1l CONTRACT FOR TOW TRUCK SERVIO�ON7RRC� �. � {STANDARD SERVICE} VIIHEREAS, the City of For� Worth occasionally requires the serv[ces of taw trucks; and WHEREAS, such tow truck se�-vices are necessary to protect the safety of the citizens of the City af Fort Worth, N�W, THEREF�RE, KNOW ALL BY THESE PRESENTS: The City of Fort Wo�th, hereinafter referred to as "City", acting herein by and through L.ibby Wafson, its ciuly authorized Assistant City Manager, and TP Mator Ltd., dba Alliance Towinq & Recovery bv Mav's Rose Corq. it's Generaf Partner, hereinafter referre� �o as "Company", acting herein by and through Tuven C Nquyen, its duly authorized President, agree as follows: 1. SERVICES City hereby contracts with Company to �rovide police �ulf towing service. As used herein, "police pull" shalf inean that tl�� Fort Wort}� Police Depar�ment has called Company from the rotation list to either remove a wrecked or disabled vehicle or to remove a�ehicle in a safe driving condition, but the owner is not present, able or �ermitted to drive or to make at�thorizations. 2. TERM The initial term af this contract shall ex�ir� on September 30, 2Q03. ln additian to the initial t�rm of this contract, there shall be four options to renew for ferms of one year each, Unless earlier ferminated as hereinafter provided. Renewal shall occur upon City including in its budget for the options years sufficient funds to pay for its obligations hereunder and Compar�y providing praof of insurance to City. 3. COMPENSAT�ON 3.1 Compensation. As compensation for providing the contempla#ed by this Contract, City agrees to pay Campany as fallows ��t���� '���� � �oo� ����1���� ; ��� �'����, ���. � � a) Towaqe. A charge flf One hundred Dollars ($�00.00) for towing such vehicle from one point on a street to another location within fihe corporate limits of tf�e city as directed by the polic� deparkment at the plaee where the tow originated; such charge includes one-half hour of extra work. b) Second tow truck. In the event fhe police officer at the scene determines that a second tow truck is required, a charge of One hundred dollars ($100.00) per hour, with a minimum charge of one hour, billed in increments of fi�teen (15) minutes while at the scene of the police pull. A police sup�rvisor shall approve the use of a second tow truck. Travel time is excluded. c) Extra work. An additional charge of one hundred dollars ($100.00} per hour, with a minimum charge of one haur, charged in increments of fifteen (15) minutes, for removing vehicles that are aff the street right-of-way, such charge to be made from the time the operator begins to remove the v�hicle until it is on the t�a�ele� porkion of the street. Even though the vehicle is within the street rigi�f-of-way, an additional charge may be made if the vehicfe is located in some unusual condition within the right-of-way, sucF� as, but not limited to, a river or a creek bed or a ditch af greater depth than th� ordinary bar ditch, Extra work shall only be allawed when authorized by a police offjcer at the scene of the pull. The charges for such extra work shall be re�iewed and approved by the Auto Pound Vllrec�Cer Administrator. Extra wark exc�udes trave! time, waiting time and clean-up time. d) Use of a dollv. Na additional fiee shall be charged for the use of a dolly. e) Handling hazardous ma�erials. When the cargo of any motor vehicle or trailer includes explasive, nuclear, rad�oactive, hazardous or corrosi�e materials, as d�fined �y the Environmental Protection Agency, Texas Department of Transporkatian, or the Texas Commission on Environmer�tal Quality, a fee equal to one hundred-fifty (150} percent of tF�e charges wh�ch may be assessed pursuant to subparagraph "a" above. In addition, a criarge may be made for expenses incurred related to pratective clothing and any Standard Wrccker 2 Page 2 of 12 other supplies or equipment used in handling such materials, such charge being equal to the actual amounts incurred plus fifteen (15) percent. f} Nothing contained 1�erein shall be construed so as to obligate City to expend any sums of money. Further, nothing contained herein shall be construed sa as to guarantee to Company that City will contacf Company for any towing services cantemplated by this Contract. 3.2 Invoicina and Pavment. Company shall Invoice City once per month. Company shall include with the invoice such documents as may �e reasonably requested to provide evidence of the services provided to tt�e City, which at a minimum shall include copies of the wrecker sel�ction form signed by the officer at the scene of the palice pull andlor personnel at the Fort Worth Auto Pound. Such invoice shall be subject to the re�iew and approval of appropriate City p�rsonne[. Cify shall remit payment to Company nof more than thirty (30) days following appro�al of invaice. 3.3 Campensation Review. City shal[ review on an annual basis the campensation provided for hereunder, with the first such review to be conducted during t1�e month of August 2003. Similar reviews sha[I occur in August of each succeeding year that this contract �s in effect. City shall make adjustmants in the campensation based upan increasc;s or decreases in the cosf of doing business, taking into consideration #uel, insurance, labor, and such other costs as may }�e relevant to the operation of a towir�g business. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Company shafl maintain at all times the folfowing vehicles and �quipment in working condition: a) A minimum ofi two (2) wreckers, one of which shall be not less than �4,OOD pounds gross vehicle weight and one of which shall be not less than 10,ODQ pounds grpss vehicle weight, dual rear wheels, equipped with a hydraulic operated winch, winch lines, and a boom rated a# not fess than 8,000 pound lift capacity and a wheel lift devic� rated at not less than 2,500 pounds. 5tandurd Wrecker 3 Page 3 of 12 b) At a minimum, all wreckers sha11 be equipped with the following equipment, which at afl times shall be maintained in working order: 1) z� 3) 4} 5) 6} 7) 8) 9) 10} 11) �2) 13} 14) Tow bar Towing lights Emergency overhead warning lights (red or amber color oniy} 5afiety chain Fire extinguisher, A.B.C. Type Wrecking bar Broom Ax Shovel Reflectors or traffic cones Tras� container Two way �oice or computer communication be#ween tow truck and Company dis�atcher Backing warning signa! Wheel chocks c) Each wrecker shall ha�e the id�ntifying markings required by the Texas Transportation Code, section 642.002. In addition, each wrecker shall pravi�e Natice of Complaint Procedures ta the owner of a towed vehicle as outlined by the Texas Department af Transportation Rules and Regulations as contained in 43 Texas Administrative Code, Chapter 18, subchapter � 8.89, as same may be amanded from time #o time. d) Each tow trucK and the required e�uipmenf sha[1 be inspected by the Chief of Police or his au#horized designee prior to being used for services contemplated by this contract. In addition, each tow truck and the required equipment shail be subject to intermittenf inspection fo assure compliance with this cantract. Slandard Wrcciccr � Page A af 12 b. INSURANCE REQUIREMENTS Company shall maintain ins�ranc� fram insurers acceptable to City of the following types and amounts: 5.1 Cvmmercial General �iability $500,000 each occurrence $5(}0,000 aggregate or �arage Liability $500,000 each accident, other than auto $500,000 aggregate 5.2 Automobile L"rability $500,Q00 each accident, combined single limit This coverage shalf include all vehicles owned or non-owr�ed that are operating under Company's operating authority. 5.3 CargolOn�Hoo� $30,000 per unit Coverage shall include both the unif being towed and its contents. Units covered shall include bt�# na# be limified to mo#or �ehicles, trailers and boats. Caverag� shall be v�ritten on a direct primary basis. 5.4 GARAG�K��PER'S L[A�IL[TY $3Q,Q00 per unit 5.a Worker's CompensationlAccid�nt Insurance Coverage shall meet tne minimum requirements of state law as cor�- tained in the Motor Carrier Rules and Regulations. 5.6 Current insurance cer�ificates shall remain on file with the City during tY�e term ofi this Contraet. insurance coverage may, at the sofe discretion of the City, be ravised upward upon thirty (30) days prior written notice to Company. Policies shall be endorsed as fiollows: 5tand�rd Wrecker 5 Page 5 of 12 a) The City, its officers, employees and servants shall be endarsed as an additional insured on all policies except em�loyer`s Iiability insurance co�erage un�er the workers' compensation insurance �olicy. b} Certificates of insurance shall be deli�ered to the supervisar of the City of Fort Warth Auto Pound, 13�1 E. Northside Drive, Fort Worth, TX 76102, prior to any work being performed under this contract. c} Any failure on part of the City �o request required insurance documerttatian shalf not constitute a wai�er of the insurance requirements specEfied herein. d} Each insurance policy shall bc� �ndorsed to provide the City a minimum thirty days notice ofi cancellation, non-renewal, andlor material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e) Insurers must be authorized to do business in the State of T�xas and have a currenf A.M. Best rating of A: VII or equi�alent measure of financial strength and solvency. f) Deductible limits, or self-funded retention limits, on each policy must not excee� $10,000.00 per occurrence unless otherwise approved by the City. g) Other than �nrorker's compensation insurance, in lieu of traditional insurance, City may consider alternative caverage or risk treatment measures thraUgh insurance pools or risk retention groups. The City mus# appro�a in writing any alternative coverage. h} Workers' comp�nsation insurance policy{s) co�ering em�loyees shall be endorsed with a waiver of subrogation providing rights of reco�ery in favor af the City. i) City shall not be responsib[e for tf�e direct payment of insurance premium costs. j) Insurance policies shafl each be endorsed to provide that such insurance is primary protection and any self-funded or commercial caverage maintained by Cify shall not �e cal[ed upon ta contribufe to loss recovery. 5tandard Wrecker Page G of l2 6 k) Campany shall repart, in a timefy manner, to City's officially designated contract administrator any known foss accurrence which coul� gi�e rise to a liability claim or lawsuit or which could result in a pro�erty loss. I} Company's liability shali not be limifed to tF�� sp�cifi�d amounts of insUrance req�ired herein. m) Upon the request of City, Company shall provide compl�te copies of all insurance �olicies required by these contraet documents. 5.7 ln the event a state or federal law, rule or regulafiion pertaining to wrecker service companies operating within the State af Texas exceed insurance requirements specified herein, such state or federal law, rule or regulation shall prevail for the respecti�e type of insurance coverage an�lar limit thereof. 6. DUTlES AND RESPONSIBILITIES OF COMPANY Company, during the term of this contract, s�all perfa�'m the following dufies and have the fallawing responsibilities: a) Maintain as ifs p�imary business the towing of vehicles or trailers by wreckers me�ting the requirements of paragraphs 4(a) and 4�b) above. "Primary business" shall mean that Company receives more than fifty per-cent (50%) of it gross revenu�s from tha towing of vehicles and trai�ers. All of company's records shall �e op�n to reasanable ir�speciion, both at the time of execution of this agreement and at any time durin� the term hereof, to verify compliance with fhis condition. �) Maintain a curr�ntiy licensed vehicle storage facility located wifhin the corporate limits of the City. "Vehicle storage facility° shall mean a facility operated by a person licensed under Article 6fi87-9a, R��is�d Statutes. c) Mainfain business operaiion tweniy-four (24} hours a day, seven days per week. d) Respond to all calls cantemplated by this contract within t�irty (3Q) minutes of notification, except in �xtraordinary situatians wY�ere delay is caus�d by ice, snow or other w�ather related conditions. In fhe event Company fails to res�ond as required, City may notify another wrecker company and Campany Standard Wrceker 7 Page 7 of 12 sha11 not be entit[ed fo the compensation to which it would have been entifled had it arrived timely. e) Maintain on file with tne City the name of the awner, president or chief executive officer, business address, and telephone number; further, Company shall notify fhe City of any change of ownership, presideni or chief executive officer, or change af address within five (5) business da�s of any st�ch change. f) Deliver the motor vehicle being towed to the location within the corporate limits of City designated by the police officer at fhe scene of the pull. Deli�ery shall be made without delay or detour. g} Fully cooperate with any in�estigation conducted Eay the City regarding complaints against Company, wh�ther or not such com�laints arise out of senrices contemplated by fhis Contracf. h} Shall not become delinquent in the paym�nt of any taxes due to City. i) Shall not go to any accident scene unless the Company has been called to the scene by the awner or operator of a vehicle or an autharized representative of same, or by the City. j) Complefely remove all debris resufting from any accident to which the Campany is responding. Removal of debris shall not be considered complete by merely sweeping it ta the curbline. k) Shall not solicit any wrecker business within the corporate limits of City at tf�e scene of a wrecked or disabled vehicle, regardless of whether t1�e solicitatian is for the pur�ose of soliciting the business of towir�g, repairing, wrecking, storing, trading, or purchasing the ve�icle, l) Shall only employ drivers of tow trucks authorized fo operate same. m) Provide the Police Pound �ersonnef with an invoice at #he time the �eh�cle is delive�-ed to the A�fo Pound together with the signed wrecker selection fiorm ta be provided. �� TERM[NATION AND SIJSPENSION 7.1 This contract may be terminated or suspended by Cify for �ny of the following causes: Standard Wreoker Page S of l2 �'7 a) Vialation of any term andlor condi�ion specified in this con�ract. b) Failure to notify the Cammunications Div�sion of the Police Depar.tment wifhin fifteen {15} minutes from the time of notification if fhe Cam�any will be unable to r�spond within th� th[rEy (30) mir�utes 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 alcohol andlor 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 ta any other campany f) Any sustained complaint of theft by personn�l of Company while acting in their capacity as employees of Company, whether accurring during a palice pull or otherwise. g) Any sustained complaint ofi threats made by personnel of the Company while acting in their capacity as employees of Company made against tF�ird parties during a police �ull or otherwise. h) Failing ta comply with all directions of police personnel at tne scene of a polic� puq or civilian �mployee at t�te Police Pour�d. Campany may request a police supervisor to validate any such direction given. i} Five (5) passes within a thirty (30) day p�riod. Pass in this paragraph shal! 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 (9 Q) passes within a th�rty (30) �ay period. Pass in this paragraph shall mean a Company notifying the City of its inability to respand to a request for service as required by paragraph 2 abov�. k) Violation ofi any rule or regulation contained in Exhi�it "A" atfach�;d h�reto. I} Failure to comply with any state or federai law or city ordinance reEated fo the op�ration of a wrecker campany. 7.2 City shall notify Company in wri�ing of its intent to terminate ar suspen� for cause twenty (20) days prior to such suspension ar termination. Company shall have t�e right to requesf a hearing befor� the Chief of Police ar his des�gnee 5tandard Wrecicar 9 Pagc 9 of 12 � regarding the intent to terminate or suspend for cause by requesting a nearing in writing within five (5) business days after receipt of notice of intent to ierminate or suspend. A hearing sF�alf be conducted within fifteen (15) days of �he request for hearing. The City, in its sole discretion, may iem�orarify suspend this contract during any appeals process. 7.3 In the event this contract is sus�ended for cause, the suspension shall be for a period of time of not less than six (6) months nor more than twelve 412) months. 7.4 In the eWent City susper�ds o�- terminates this contract for cause, and the cause for such suspension ar termination is de�ermined to be in�alid, Com�any's sole rem�dy shall be reinstatement of this contract. Company expressly waives any and all righ#s �o monetary damages, including but not limifed to actual and punitive damages, caurt costs and attorney's fees. 8. INDEMNIFICATIDN With regard to any liability whicn might arise hereunder, City and Company agr�� that th�y shall be solely and excfUsively liable f�r the negligence of its own agents, servants, subcon#ractors and emplayees and that neifher party shall [ook fo the other party to save or hold i# harmless far the cansequences of any negligence on the part of one af its owr� agent, servant, subcontractor or employee. Nothing contained her�in shalf be cons#rt�ed ta be a waiver by City of any right of protection that it enjoys under applicable Sfate or Federal lar�. 9. ASSIGNMENT Cornpany shafl not assign, transfer or sublet this Cantract or any portion Y�ereof to any party without the prior written consent of City that shalf nat be unreasonably withheld. Any such assignment, transfer or subletting of thjs Contract without the cansent af the Cify shall be void and sha[I operate as a fermir�ation hereof. 5tandarcl Wrecker i � Page 1 D of l2 10. ZONES AND ROTATION LIST �0.1 City shall divide the city into four (4) zones that shall correspond to the four (4} patroi divisions. Company shall be assigned to the zone or an adjacent zone in which it maintains its prir�cipal p[ace of business. 10.2 City shall create a rotafion list within each of th� four (4) zones that will dictate the order in which wrec�cer companies are contacted. 10.3 City may r�quest Company ta conduct a police pull within any zone, and Company agrees to use its best efforts to arrive at the scene of the police tow within th�rty {30} minutes. 11. INDEPENDENT CONTRACTOR It is undersfoo� and agreed by the pa�ties hereto ti�at Company shall perform all work and services hereun�er as an independent contractor, and nat as an officer, agent, servant or employee of the City. Company shall have exclus�ve control of and the exclusive rignt to confrol the details of the work or servic� to be performed hereunder, and all pers�ns perForming same o� benalf of Company, and shall be solely responsible for the acts and omissions of its officers, agents, servants, em�loyees, contractors, subcantractors, licensees and invif�es. The docfrine af respondeat superior shall not apply as between the City and Company, its officers, agert#s, setvants, employees, contractors ar�d subcontractors, and nothing herein shall b� construed as creating a partnership or joirtt venture between the parties hereto. Standard Wrecker 1 1 Page 1 V oF 12 t � In witness whereof, the parties hereto have executed this Confract on the 1��� � d ay of �� , 20 � ATT�ST: � CITY O� FORT WO H . . , � � � � G'loria Pear�on � City Secretary , _ By; �ibby Vl�on Assistanf City Manager APPROVED AS TO FORM AND LEGALITY Assistant ity Attorney ATTEST: Gorporafe Secretary _�_.. ����� �`ar�xact ,�uthorix���g:� ..._. � --- ����� . -. _ --. llc��� TP Mator Ltd., dba Alliance Towing & Recovery bv Mav's Rose Carp. it's General Partner (Cornpany Name) By�� .�c��-�-,�,�-Z� Tuyen C Nguyen, President Slandard Wrecker 1 2 Pagc 12 af l2 ��I�I�I'I` � AtJ�'� P�LTl�I) The followiug r�u[es and regulations will be fiollowed by ALL Wrecicer Comp�ni�s upoza arrival at tlie Au�o Pou��d. 1. The �ntry gate will not be blocked by �recicers waiiing to enter or exit the Auto Pout�d. 2. No wrecicer shall enter tl�e Auto Pound witli inore tlia�l ane (1) person/operator, uiiless autl�orized vy the on duty shift supeivisor. This will be done on a case Uy case basis. 3. For safety reasons, a Car Carrier will be required to off load their carga when possible. Tlus shall be determined by tl-�e oza duty supezvisox. 4. Inventories should be handled iu a� expeditious mann�r wl�ei� possible. However, Auto Pound persoiulel are required to do a corr�plete and precise inventory of alI property and vellicles. A speci�ic ti��e frame would be unpossible ia insfitute. 5. No wrecicer driver/operator will assist with any i��ventory being conducted by Auto Found personnel. �. Tl�e use of Car Carriers, extra time, extra enuipinent, efic., shall be suUject to a�proval by tl�e Wrecker Adi�inisnator or Auto Pound Supervisor. 7. Wrecker d��iver�/operators/owi�ars shall be required to follow any directions oz' instriictians given by Auto Pound persni�nel. S. Wrecicer Company Owners shall assist and comply with any investigation perfon��ed by Auto Paund personnel or the Fort Warth Police Deparhnent in regards to their compai�y, driver, o�eratoz' and or business without hesitation. 9. Violations of any of the above rules s11a11 be subjeci io review by the Wrecker Ad�linistrator or Auto Po�.ind Sti�peivisor. The Auto Pound Supervisor or a higher level of conmiaiid may determine disciptivary action up to and ii�cludizlg ter�nizlatioi� of contract. C`ity o, f 1�'o�t �or�h9 T'exas c�y�� c��►� ��c�r�c�l ������;�a���n DATE REF�R�i�[CE NUMBER LOG NAME PAG� 41$103 �e1 ���, 35TOWS 1 of 2 suB�ECT SUPPLEMENTAL APPROPRIATION �RDINANCE AND CONTRACTS F4R N4N- CONSENT T�WING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE VENDORS REQUIRED BY C{TY ORDINANCE F'4RTHE POLICE DEPARTMENT RECOMMENDATION: It is reoommended that the City Council: 1. Authorize contracf� far Polic� Department requested non-consent towing af wreck�d or abandoned vehicles from multipfe �endors as required by Section 34-181 of the Code of the City of Fort Worth (1986}, as amended; and 2. Authorize the contracts fio begin Apri[ 8, 2003, and e�cpire Sept�rnber 3a, 2003, with aptions to renew for fiour additional one-year periods; and 3. Adopfi the attad-�ed supplemental appropriation ordinanoe increasing estimated reoeipts and appropriations by $446,944 in the General Fund fram a�ailable funds. Dl5CU5SION: Section 34-181 of the Code of the City of Fort Worth (1986), as amended, req�ired that all poliae department, non-consent iows, shall be underkaken pursuant to contract, specifically executed be�n the City ar�d a wrecker oompany. The Public Safety Committee e�cter�sively reviewed the new rates and unanEmously approved this recomr�endation on Marcl� 25, 20a3. There are three types of contracts and rates as foi[ows: � Standard tow trucks $100 � Ti It I�dlrol lbaek tow trudcs $�25 � Tandem tow trucks $180 Cantrac�s wil� b� ex�ted with any ��ndar desiring to pe�orm non-consent fiows for the Police D�partment, if ihey meet the contrac# requirements such as towing operations being the vendors primary business, equipment specifications, i�suranoe, and a[ocally licensed s#oragefacility. The fees for servioes io be provi�ed and assi�nment ta one of four zones are #he same as contained by City Code. The estimafed expenditure for these services is $1.8 million per y�r including the anticipated increa�e (of $44fi,944} for the remainder of the fiscal year based on the revised rates. This incr�se wi[I be offs�t by reven� ool lected as fee.s. RENEWAL OPTIONS - These oontracts may be reneuved for �p #o four suooessi�e one-ye�ar terms at fh� City's option. This action does nof require s�cific Gity Council appro�al provided the Cfty Council has apprapriated C'ity o��o�t �orth, Texas �y�� �r�c� ��u����( ���r�u��;��t��� DATE R�F'ERENC� NUMBER L.OG NAME F'AG� 418103 �_1 g���, 35TOVIIS 2 of 2 sue�ECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON- CONSENT TOWING 4F WREGKED OR ABANDONED VEHICLES FR�M MULTfPLE VEND�RS REQUIRED BY CITY �RD[NANCE FOR THE P�LICE DEPARTMENT sufficient funds to satisfy the City's obligat�on during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Finanoe Direetor c:ertifies that upon approval and completian af the above recommenda#ions and the adoption of fhe attac!-ted supplemental appropriation ordinance, funds will be a�ailable in the aarrent operating budget, as appropriated, of tF�e General Fund. LW:r Sabmitted for City Manager's Office by: I,ibby Watson Originating Department Head: 6183 Ralp� Mendoza 4838G TUND � ACCOUNT I CENT�R I AMDUNT CITY SECRETARY (�Q) GG01 539120 0353403 $446,944.00 I GG01 462624 D353403 $446,944.00 � � � (from) I APPRaVED 04/p$Id3 �'ity a, f �'o�t Worih9 �exas ��c�r ��r� ��u�r��;l �����n����°i�r� DAT� REFERENCE NUMBER LOG NAME PAGE 4/8/03 C�19�44 35TOWS 3 of 2 suB��cT SUPPLEMENTAL APPROPRIATI�N ORDINANCE AND CONTRACTS FOR NON- CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE VENDORS REQl1lRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT GG01 539124 0353403 $446,944.00 I ORD.# 15517 Additional Infarmation Contact: I Susan Alanis 78262