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HomeMy WebLinkAboutContract 28593�. �/I`�'Y ��f�p�/'+Rg�'iA�����°��\J(] _ - + l✓�Jik�f"Il'l�,a 1 4'uh..1 . _.�. ,.`-'�� C�NTRACT FOR TOW TRUCK SERVICE {T[LT BEDIROLL BACK} WHEREAS, the City of Fort Worth occasionally requires the services of fow trucks; and WHEREAS, such tow truck services are necessary to protect the safety of the citizens of tne City of Fort Worth, NOW, THEREFORE, KN4W ALL BY THESE PRESENTS: The City of Fort Worth, hereinafter referred fo as "City", acting herein by and through Libby Watson, ifis duly authorized Assistant City Manager, and Tow Op Svstems Inc., dba Advanced Towinq 5ervice Inc. , hereinafter reterr�d to as "Com�any", acting herein by and through Jovice E Holcomb , i�s dtaly aut�orized President , agree as follows: 1. SERVICES City hereby contracts with Company to provide poEice pull towing service. As used herein, "police pull" shall mean that the Forf Worth Police Departmen� has ca�led Company from the rotation list to either remove a wrecked or disabled vehicle or to remove a vehicle in a safe driving condition, but th� owner is not present, able ar permitted to drive or to make authorizations. �� TERM The initial term of fhis contract sY�all expire on S�ptember 30, 2D03. In addition to the initial term of this contract, there shall be.four options to renew for terms of one year each, unless earlier terminated as hereinafter pro�ided. Renewal shali occur upon City including in its budget for the options years sufficient funds ta pay for its obligations hereunder and Company providing praof of insurance to Gity. 3. COMPENSATION 3.1 Compensatian. As compensation for providing th� services contemplated by this Contract, City agrees to pay Company as follows: � l a} Towaqe. A charge of one hundred iwenty five dollars {$125,00) for towing such vehicle from one point on a streefi to another locatian within the carporate limits of the city as directed by �he police officer at the place where the tow originated; sucl� charge includes one-half hour of Extra Work. In the event Company respands to the scene of a polic� pull with a tilt bedlroll back truck wh�n th� police pull could have been accomplished with a standard tow truck, Company shall be entitled to the reduced charge of One hundred dollars ($100.�0). b) Second taw vehicle. In the event the police officer at the scene determin�s that a standard tow vehicle is required in addition to the tilt bedlrofl back kruck, a charge of One h�ndred Dollars ($100.D0} per hour, with a minimUm charge of one hour, billed in increments of fifteen {15) minutes while at the scene of the �o�ice pul1. A police supervisor shall approve the use of a second tow truck. Trave! time is excluded. c) Extra work. An additional charge ofi One hundred dollars {$100.OD} per hour, with a minimum charge af one hour, charged in increments of fift�en (15) minut�s, for remov�ng vehicles that are aff fhe street right-of-way, such charge to be made from the time the�op��ator b�gins to remove the vehicle until it is on the traveled po�tion of the sfreei. Even tF�ough the vehicle is within the street r�ght-o�-way, an additional charge may be made if the vehicle is located in some unusual conditior� wifihin the right-of-way, such as, but not limited to, a river or a creek bed or a ditch of greater depth t�an the ordinary bar ditch. Extra wo��t shall only be allawed when authorized by a po[ice officer at the scene of the puil. The charges for such extra work shall be reviewed and approved by the Auto Pound Wrec�Cer Administrator. Extra work excludes travel time, waiting time, and clean-up time. d} Handlinq hazardous mat�rials. When fhe cargo of any motor vehicle or trail�r includes explosive, nuclear, radioacfive, hazardous or corrosive materials, as defined by the Environmental Protection Agency, Texas Department of Transporta#ion, ar the Taxas Commission or� Environmental Quality, a fee �qual to o�e hundred-fiifty (150) percent af the charges Tilt Wrecker Z ' Page 2 of l2 r � permitted under subparagraph "a" abave, !n addition, a charge may be made for expens�s incurred related to protective clotl�ing and any other supplies or equipment used in handling such materials, sUch charge being equal ta the actual amounts incurred plus fifteen {15) percent, e) Noihing contained herein shal! be construed sa as ta obligate City to expend any sums of money except for work actually performed. Further, nathing contained herein shall be construed so as ta guarantee that City will contact Company fior any towing service contem�lated by this Contract. 3.2 Invoicina and Pavment. Cpmpany shall Invoice City once per month, Company shall include wifh the invoice such documenfs as may be reasonabiy requ�st�d to provid� e�id�nce of the servic�s provid�d to the City, which at a minimum s{�all includ� copies of the wrecker selecti�n form signed by the officer at the scene of thc polic� pul[ andlor personn�i af tn� Fort Wor�h Aufo Pound. Such invoice shall be subject to the review and approval of appropriate City personnel. City sha[I remit payment to Company not more than fhirty (30) days following approval af invoice. 3.3 Compensaiion Review. City shall review on ar� annual �asis the campensation provided for hereunder, with the first such review to be conducte� during th� month of August 24Q3. Similar reviews shall accur in August of each succeeding year that this confract is in effect. City shall make adjustments in the compensation based upon increases or decreases in the cost af dang business, taking into consideration fuel, insurance, labor, and such other costs as may be relevant to the operation of a towing business. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Company shall maintain at all tirrmes the foilowing �ehicles and equipm�r�f in working condition: a) A minimum of one {� ) tilt �edlroll back dual rear wheel wrecker rated at not I�ss than 14,000 �ounds gross vehicle weight. b} At a minimUm, all wreck�rs shall be equippe� with the following equipment, whicY� at alI tim�s shall be maintained in working order: Tilt Wi�ecker 3 Page 3 of l2 �� 2) 3) 4) 5) 6) 7) 8} 9) 10} 11) 12) 13) �4) � 5) Tow bar Towing lights Emergency o�erhead warning light� (r�d or amber color only) Safety chain Fire extinguisher, A.B.C. Type Wrecking bar B room Ax Shovel Reflectors or traffic cones Trash container Two way vaice or computer communica#ion between tow truck and Company dispatcher Backing warning signals Wheel chocks Traffic cones c) Each wr�cker sha11 have the identifying markings required by the Texas Transportation Code, section fi42.002. In addition, each wr�cker s�al� provide Notice of Complaint Proced�res to tYte owner of a towed �ehicle as outlined by the Texas Department of Transportation R�les and Regulations as co�tained in �3 Texas Adminis#rative Code, Chapter 18, subchapter 18.89, as same may be amended from time to time. d) Each tow truck and the required equipment snall be inspected by the Chief of Pofic� or his authoriz�d designee prior to being used for services cantemplated �y this contracf. ln additior�, each tow truck and the required equipment shall be subject to intermittent inspection #o assure compliance with this contraci. 'filt Wrecicer 4 Ps�oe 4 of l2 , , 5. INSURANCE REQUIREMENTS Company shall maintain insurance of the following types and amounts from insurers acceptable to the City: 5.'I Commercial General Liability $50D,OQQ each accurrence $500,000 aggregate ,.li Garage �iability $500,000 each accident, ather than auto $500,000 aggregate 5.2 Aufomobile Liability $500,000 each accident, eombined single limi� This coverage s�all �nclude al[ �ehicles ow�ed or non-owned that are operating under Company's operating authority. 5.3 CargolOn�Hoo� $3Q,OD0 per unit Coverage shall include both the unit being towed and its contents. LJnits co�ered shall include but not be limited fo motor vehicles, �railers and boats. Coverage sha[I be written on a direct primary basis. 5.4 CARAGEKI�EPER'S LIABILI�Y $30,OOQ per unit 5,5 Warker's CompensationlAccident �nsurance Coverage shall meet the minimum requirements of state [aw as con- tained in tne Motor Carrier Rules and Regulations. 5.6 Current insurar�ce certificates shall remain on file with the City during the term of fhis Contract. Insurance coverage may, at the sole discretion of the City, be revised upward upon thirty (3fl) days �rior written notice to Company. Policies shall be endorsed as follows: Tilt Wrecker S Page 5 oE 12 a} The Cify, its officers, empl�yees and servants shal{ be endorsed as an additional ins�ar�d on all policies except employer's liabifity insurance coverage under the workers' compensation insurance policy. b) Certificates of insurance shall be delivered to the supervisor of the City of For� Worth Auto Pound, 1301 E. Northside �riv�, Fort WortY�, TX 76102, prior to any war�C being performed under this contrac�. c} Any failure on part of th� City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d} Each insurance po[icy shafl be endorsed to provide the Cify a minimum thirty days natice of car�cellation, non-renewal, andlor materia� change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-�ayment of premium. e) Insurers must b� authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivaler�t measure of financial strength and sol�ency. f} Deductible limifs, or self-funded retention limits, on �ach policy must not exceed $10,OOa.OQ p�r occurrence unlsss otherwise approved by the City. g) Other than worker's compensation insurance, in lieu af traditional insurance, City may consEder alternative coverage or risk tr�atm�nt measures through insurance pools or risk retention groups. The City must approve in writing any alternative caverage. h} Workers' camper�sation insurance policy(s) covering employees shalf be endorsed with a waiver of subrogation pro�iding rights of reco�ery in favor of �he City. i) Cify shall not be responsible for the direct payment of insurance premium costs. j} Insurance �olicies sha11 each be endorsed to provide thaf such insurance is primary protection ar�d any self-f�nded or commercial coverage maintained by City shall not be ca�l�d upon to contribute to loss recovery. Tilt Wrceker 6 Page G of 12 k} Company shall report, in a timely manner, to City's officially desig�ated contract administrator any known Ioss occurrence which could gi�e rise to a liability claim or lawsuit or which could result in a property loss. 1) Company's liability shall not �e limited to the specified amounts of insurance required herein. m} Upon the request af City, Company shall provide complete copies of all ir�s�rance policies required by these contract doc�ments. 5.7 In the e�ent a state or federal law, rule or regulafion pertaining to wrecker service companies operating wifihin tne State of Texas exceed insurance requirements specified herein, such state or federal law, rule or regulation shall prevail #or fhe respective type of insurance co�erage ar�dlor limit thereaf. C:� DUTIES AND RESPDNSIBILITIES 4F COMPANY Compar�y, during the term of this contract, shall perform th� fo[lowing duties and have the foilowing responsibilities: a} Maintain as its primary business 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 than fifty per- cent (50%) af it gross revenues from the towing of vehicles and trailers. All of company's records shall be open to reasonable inspection, both at the time of execution of this agreement an� at any time during the term hereof, to verify compliance with this condition, b) Maintain a currently licensed vehicle staTage facility located within the corporat� limtts of the Cify. "Vehicle storage facility"' sha11 mean a facility operated by a person under Ar�icl� 6687W9a, Revised Statutes. c) Maintain busin�ss op�ration twenty-four {24) hours a day, se��n days p�r week. d) Respond to all cal�s contem�lated by this contract within thirty (30) minutes af notification, except in extraordinary situations where delay is caused by ice, snow, or other weather related conditions. In th� event Company fails to Tilt 4Vrecker 7 Page 7 of l Z respond as required, City may nofifiy another wrecker company and Company shall not be entitle� to the com�ensation to which it would have been entitled had it arri�ed timely. e) Maintain on file with the City the name of the owner, president ar chief executive oTficer, business address and te�ephone number; further Company shall notify the City of any change of ownership, president or chief executive officer, or change of address within five {5) business days of any such change. f) Deliver the motor vehicle being towed to the locatian within tF�e corporate limits ofi Cify designated by the police officer at the scene of the p�all. Delivery shall be made withput delay or defour. g) Fully cooperate with any investigation conducfed by ti�� City r�garding complaints against Company, whether or not such complain�s arise out of services contemplated by this Contract. h) Shall not become delinquent in the payment of any fiaxes due to City. i) Shail not go to any aceident scene unfess the Company has been called to the scene by the owner or aperafor of a �eF�icle or an authorized representative ofi same, or by the City. j) Completely remove all debris resulting from any accident fio which the Company is respanding. Removal of debris shal[ not be considered complet� by m�r�ly sw�e�ing it to the curbline. k} Shall not solicit any wrecke� b�asiness within the corporate limits of City at th� sc�ne of a wrecked or disabled uehicle, regardless af whether the solicitafion is for the pur�ose of soliciting the business of towing, repairing, wrec�Cing, storing, trading, or purchasing the vehicle. I) Shall only em�loy drivers of tow trucks authorized to operate same. m)Provide the Palice Pound personnel with an invoice at the time the vehicle is delivered to the Auto Pound together with the signed wrecker selection form to be provided. Titt wreckcr Page 8 of l2 i r� TERMINATION AND SUSPENSI4N 7.1 This contract may be terminated or suspended by the City far any of the foilowing causes: a) Violation of any term or condi�ion specified in t�is contracf. b} Failure to natify the Communications Di�ision of the Police Department within fifteen (15) minutes from the time of notification if the Company will be unabie to respond within the thirty (30) minutes allotted for a response to a wrecker call. c) Perm�tting a tow truck to be ope�ated by anyone while under the influence of alcahal andlar �rugs. d) P�rmitting a taw truck to be operated by anyone whose operator"s lic�nse is susper�ded. e} Transferring or assigning any call #ar service to any other company fi) Any sustained complaint of theft by personnel of Com�any wi�ile acting in their capacity as �mployees af Campany, whether occurring during a police pull or otherwise. g) Any sustained cornplaini of threats made by personnel of the Company wf�ile acting in their capacity as employees of Com�any made against third parti�s d�ring a police pu11 or otherwise. h) Failing to comply with all direcfions of police personne{ at the scene of a police pull or civilian or police �ersonnel at the Police Auto Pound. Company may request a police supervisor to vaiidate any such direction given. i) Failure to com�ly with any state or federal law or city ordinance related to the operation of a wrecker company. j} Five �5) passes within a thirty (30) day period. Pass in this paragraph shall mean Company failing to nofify the City of its inability to respond to a request for service as required by paragraph 2 abo�e. Tilt Wrecker 9 P�ge 9 of 12 k) Ten (10) passas within a thirty (30) day period. Pass in this paragraph shall mean a Company notifying the City of its inability to respond to a reguest for service as required by paragraph 2 above. � I) Violation of any rule or regulation cantained in Exhibit "A" attached hereto. 7.2 Gity shalf notify Company in writing of its intent to terminafe or suspend for cause twenty �20) days prior fo such suspension or #ermination. Company shall have the right to request a hearing before the Chief of Police or his designee regarding the intent to terminat� or suspend for cause �y requ�sting a hearing in writing within f�ve (5} busi�ess days after receipt of notice of intent to t�rminate or suspend. A hearing shall be conducted within fifteen (15) days of t�e request for hearing. The City, in its sole discr�tion, may temporariiy suspend this contract during any appea[s process. 7.3 ln the event this confracf is suspended for cause, th� suspension shall be for a period af time of not less than six (6) mont�s nor more than twelve {� 2) months. 7.4 In the event City suspends or ferminates this contract for cause, and fhe cause far such st�spension or termination is determined to be invalid, Company's sole remedy shall be reinstatement of t�is contract. Company expressfy waives any and all rights to monefary damag�s, ir�cluding but not [imited to actual and punitive damages, cour� costs and attarney's fe�s. 8. INDEMNIFICATION With regar� to any liability which might arise hereunder, City and Cusfomer agree that tney shall be so[ely and exclusively liable for the negligence of its ow� agents, servanfs, subcontractors and employees an� that neither party shall look to the other parky to save or hold it harmless for the consequences of any negligenc� on the part of one of its own agent, servant, subcantractor or employee. Nothing confained herein shall 6e construed to be a waiver by City of any right of protection that it enjoys Under applicable State or F��d�raf law. 'I'ilt Wrecker la Pagc I Q of l2 � ASSIGNMENT Company shail not assign, transfer or sublet this Contract or any portion hereof to any party wifhout fhe prior written consent of City fhaf shall not be unreasonably withheld. Any such assignment, transfer or subletting af this Contract shall be void and shall aperate as a termination hereof. 10. ZONES AND ROTATION L15T A. City shall �ivide the city into four (4} zones that shall correspond to the fo�r (4) patrol divisions. Company shall �e assigned to the zone or an adjacent zone in which it maintains its principal place of business. B. City shall create a rotation list within each of the four (4} zones that will dictate the order in which wrecker companies are contacted. C. City may request Company to conduc# a police pul[ within ar�y zone, and Company agrees to use its best efforts to arrive at the scene of the police pull within fhirty (30) minutes. 1�. INDEPENDENT CONTRACTOR lt is understood and agreed by tf�e parties h�reto fhat Company shal perform all work and services hereunder as an independent contractor, and not as an afficer, agent, servant or employee of the City. Company shall have exclusive control of and the exclusive right fa cqnfrol tf�e details of tne work or service to be �erform�d h�reunder, and aq persons performing same on behalf of Company, and snall be solely responsible for the acts and omissians of its officers, agents, servants, employees, contractars, subcpntractors, licensees and in�itees. The doctrine of respondeat superior shall not apply as between tne City and Company, its officers, agents, servants, empfoyees, contractors and subcontractors, and nothing her�in shall be construed as creat�ng a partnership or joint vent�re betw��n the parties hereto, In witness wher�of, the parties hereto have executed this Contracf on the day of , 20_ Tilt Wrecker 1 � Page ! l af 12 e �. ATTEST: � L� �ir Glo�a Pearson City Secretary APPROVED AS T� FORM AND LEGAL[TY � �� A�ssistant�``�ity Attorney C1TY Op.�'�RT WOF�TH < < _ BY: .�_ � ��.� `��aby Wa or� Assistant City Manager I�_ � -� �,� ' Yc-_ � � �' ., `"�n�r��t ��u�l�arization �� ���' � — _" __+.�•� Da t F� _ _. . _.. _ .--- - - � ATTEST: Tow Op Svstems Inc. dba � Advanced Towinq Services ~ ��C. (Campany Name) Corporate Secretary I _ By: _� � ' Joyc� � Ho?camb, Pres�dent � f Tilt Wrecker Page 12 p€ l2 �2 ��_�_���. � � ���� ������ '�`��e ��fl�o�+i�g r�les a�dl reg�i��i��s v�ii� �e ffa➢��vved �y �,L �Vt-���er ���p�na�s �pon� ��-yiv�l at tl�e Au�o P�aa�d. �. TI7� e��try gate will not be blociced Uy vvz°eci{ers waiti.ng to enier or �xit the Auta P o�.wd. 2. No vwrecicer sl�all ei�ter tlze Auto Poui�d with z��ore �a�. o�e (i) personlope�afor, 1711��85 1UfiI1bT1ZeC� by �1� O]] [�lltjr Sl7.l� 5L1�7�1yI50T. Tiiis will be done on a case Uy c�.se b?s�s. 3. For safety reasoi3s, a Car Carrier will be requ�ed to aff load t�zeir cargo when passible. T11I5 S�lall U� C�0�B1111111EC� 17Y �i1B 011 C�ldtjJ S�1�JB1v150�'. 4. T�zvento�7es shoL�ld be lzandled in an expeditiaus �a�.lner w1�en possible. Hawever, Auta Paund �ersoiulel a.�e required to do a complete and precise inve�tazy of all property and ve�ucles. A specific ��e fianle would Ue zi�zpossible to ins�itute. S. No wrecice� driverloperator wi�l assist witl� a�ay i�lveutory U�ing conducted by Auto Pot�nd i�ersoiule�. 6. Tl�.e Eise af Car Can-�er�s, extra tii�ze, e�tra equipine�it, etc., shall be suUject to approval Uy tl�e Wrecker Adi�inist�ator or Auto Pa�.uxd 5u�aervasor. 7. Wrecicer drivers/op�ratars/owners shall be required io �'a�low any dir�ctions or iz�struciioils given l�y Auto Potuld pe�'somzel. S. Wrecker Cam�a�y 4wners SIlaI1 a55I3t and con�ply witlx a�iy investigation �erformed by A�.tta Poluid personn.el or the Fo�-� �ai�th Po�ice Departineil# in rega.rds to their coin�auy, driver, aperator and ar business withot�t Ilesita#ion. 9. Violatiozzs of a.ny of the avo�ve rules shall Ue subject to reviaw i�y the Wrecl�er Adn�inistratox or Attta Pou�d Supeivisor. Tlie Auto Pound Supervisor oz a I�iglier le�vel of co�ni.nand may defien11u1e discip�ii�ary actia� u� to and iucludi�g tenninatioi� of contract. �'ity o�'Fo�t T�iTo�ih, T'exas ���� ��d ��u���( ���rr��r���a����r� DATE Ft��'EFtENCE NIJMBER LOG NAME PAGE 4is�a3 � CQ� 9y�,4 ��Tows � af 2 SUBJ�CT SUPPLEMENTAL APPROPRIATI4N ORDINANCE AND C�NTRACTS F�R N�N- CONSENT TOVVING OF WRECKED OR ABANDONED VEHICLES FROM MUf�TIPLE VEND�RS REQUIRED BY CITY �RDWAl�lCE FOR THE P�LICE DEPARTMENT RECOMMENDATIQN: I� is recommended that the City Cauncil: 1. Author�ze contracts for Palice Departmen� requested non-consent towir�g of wrecked or abandoned vef�icles from multiple vendors as required-by Section 34-981. c�f tf�e God�. af the City of Fort Worth (1986), as amended; and � 2. Aufharize the contracts to begin April 8, 2003, and expire September 30, 2a03, with optians to renew for fo�r additional one-year perio�s; and 3. Adopt ihe attached supplemen#al apprapriatian ordinance increasing estimated receipts and appropriatians by $446,944 in the General Fund from arrailab{e funds. DISCUSSION: Section 3�4-T 8'[ af the Code of the City of Fart Worth (1986), as amended, req�ir�d that all palice department, non-consent tows, shall be undertaken pursuant to contract, specifically executed between the City and a wrecfcer company. The Public Safety Committee extensively re�iewed �he new rates and unanimously approved this recommendatifln an March 25, 2003. There are three types of contracts and rates as foilows: • Standard tow trucks $100 • Tilt bedfrollback taw irucks $125 • Tandem taw truc�Cs $180 Co�tracts will be executed with ar�y �endar desiring to pertorm non-consent taws for the- Police Department, if they meet the cantract requirements such as towing operations being the vendars primary business, equipm�nt speeifications, insurance, and a locally licensed storage facility. The fees for services �o be provided and assignment to ane of four zones are ihe same as contained by � City Code. The estimated expenditure for these services is $1.8 million per year includir�g the anticipated increase (of $�4�6,944} fiar the r�mainder af the fiscal year based on the revised rates. T�iis increase will be affset by revenue collected as fees. RENEWAL OPTIONS - These contracts may be renewed for tap fo faur successiue orte-year terms at the City's option. This acfion daes not req�ire specific Cifiy Council appro�al provided the City Cauncil C'ity of'�'o�t Wo�th, T'exas �y�� a�d �c������ ��m����c�#��n �ATE REFERENC� NUMBER LOG NAME PAGE 418103 ��� 9�4� 35TOWS 2 of 2 � sue.��cT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON- CONSENT TOWING OF WRECKED �R ABANDONED VEHICLES FROM MULTIPLE VENDORS REQUIRED BY CITY ORDINANCE FOR THE P�LICE DEPARTMENT has appropria�ed sufficient funds to satisfy the City's obligatian during the renewal fierm. F15CAL INFORMATI�NICERTIFICATION: The Finance Director certifies that upon approval and com�letion of th� above recommendations and the adoption of the atta�hed supplemental appropriation ordinance, funds will be available in th� current op�rating �udget, as appropriated, of the General Fund. f��i�Ai Submitted for Cify Manager's office 6y: Libby Watson Originating Department Head: Ra[ph lvfendoaa Addition�[ Information Contact: Sasan Alanis � 'FU1VD � ACCOUNT � (to) I GGD1 539420 G183 GG01 462624 48386 {from) GG Q 1 539'i 20 78262 CEN'�'�R � AMOUNT 4353403 $448,944.00 03534a3 $446,944.00 03534a3 $448,944.00 CITI' SECRETARY APPR4V�D 4A/Q8/d3 �RD.# i5517