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HomeMy WebLinkAboutContract 28607 (2)a r CITY ���F?��p�y _ _. _ -: �������� � . 4�S��a � CONTRACT FOR TOW TRUCK SERVICE �STAN�ARD SERVICE) WHEREAS, the C[ty of For� Worth occasior�ally requires the services of tow tr�cks; and WHEREAS, such tow truck services are necessary to protect the safety af the citizens of the City of Fort Worth, NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City of Fort Warth, hereinafter referred ta as "City", acting herein by and througi� Libby Watsa�, its duly authorized Assistant Cify Manager, and Fort Worth Towinq & Recoverv, hereinafter referred to as "Campany", acting herein by and through Michael Yates, its duly a�thorized Owner, agree as follows: 1. SERVICES City hereby contracts with Company to pro�ide police pull towing service. As used herein, "police pull" shall mean that the Fort Worth Police Deparkment has calle� Company from the rotation list to either remove a wrecked or disabled vehicle or to remove a vehicle 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 of this contract shall expire on September 30, 2003. In addition to the initial term of this co�tract, there shall be four optior�s to renew for terms of one year each, un[ess earlier terminated as hereinafter provided. Renewal sha[I occur upon City including in its budgef for the options years sufficient funds ta pay for i#s abligations hereunder and Company pro�iding proof of insurance to City. 3. C�MPENSATI4N 3.1 Com�ensation. As comp�nsatian for providing the services contemplated by tf�is Contract, City agrees to pay Company as follows: , `.If3 J��Jd�� �II51yVI�U ��� '������G�� ��e �':����� �'��?, a) Towae�e. A charge of One hundred Doilars {$100.00) far towing such vehicle from one point on a street to anather location within the corporate limits of the cifiy as direcfed by the police department af the place where the taw originafied; such charge includes one-half ho�r af e�ra wo�k. b) Second tow trucK. In the event the palice pfficer at the scene determines that a second tow truck is required, a charge of One hundred dol[ars {$10�.D0) per hour, with a minimum charge af one hour, billed �n increments of f�fteen (15} minutes while at the sc�ne of the police pull. A police supervisor shall approve fhe use of a second tow fruck. Travel time is excluded. cj Extra work. An ad�itional charge of one hundred dollars ($10Q.00} per haur, with a minimurn charge of on� hour, charged in increments of fifteen (15) minutes, for remo�ing vehicles that are aff the streef right-of-way, such charge io b� mad�: from the time the op�rator begins to remo�e the vehicle until it is on the traveled portion of the street. E�en though the vehicle is within the street right-of-way, an additional charge may be made if the vehicle is located in some unusual condition within the right-of-way, sucn as, b�tt not lim�ted to, a river or a creek bed or a ditch of �reater depth #han the ordinary bar ditch. E�ctra work shall only be allowed when authorized by a police officer at the scene of the pull. The charges for such extra work shall be reviewed and �pproved by the Auto Pound Wrecker Administrator. Extra work excludes fra�el time, waiting time and clear�-up time. d) Use of a dollv. No additional fee shall be charged for the us� of a dolly. e} Handlinq hazardous materials. When th� cargo of any motor ve�icle ar trailer includes expEasive, nuclear, radioactive, hazardous or corrosive materials, as defined by the Environmental Protection Agancy, Texas Department of Transportation, ar the Texas Commission an Environmental Qt�ality, a fe� equal to one hundred-fifty {150} perc�nt of the charges which may be assessed pursuant to subparagrapE� '"a" above. ln addition, a charge may be made for expenses incurred related �o protective clathing and any Standard Wreeker Z Page 2 of l2 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 herein shall be construed sn as to obligate City to expend any sums of money. Further, nothing contained here�n shall be construed so as to guarantee to Gompany that City wilf contact Company for any �owing services contemplated by this Contraci. 3.2 Invoicina and Pavment. Company shal[ lnvoice City once per month. Company shall includ� with the invoice such docum�nts as may be reasonably requested to provide evidence of the services pro�ided #o the Cify, which at a minimum shall include copies af the wrecker selection form signed by the afficer at the scene of the police pull andlor p�rsonne[ at the Fort Worth Auto Pound. Such invoice shall be subject to the review and appro�al of appropriate City personnel. City shall remit payment to Company not more than thirty (30) days following approva[ of in�oice. 3.3 Compensation Review. City shall re�iew on an annual basis the compensafion provided for hereunder, with the first such review to be conducted during the month of August 20a3, Similar reviews sha[I occur in August of each succ�eding year tf�at this contract is irt effect, City s�alf make adjustments in the compensation bas�d upon increases or decreases in fhe cast of doing business, taking into consideration fuei, insurance, labar, and such other costs as may be relevant to the operation of a towing business. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Com�any shall maintain at all times the following vehicles and equipment in working condition: a) A minimum of two (2) wreckers, one of which st�alf be not less fhan 14,000 pounds gross vehicle weight and one of which shall be not less than 10,OQ0 pounds gross vehicle weight, dual rear wheels, equipped wi�h a hydraulic operated winch, winch lines, and a boom rated at not less than 8,000 pound lift capacity and a wheel lift device rated a� no� fess than 2,500 pounds. Standard Wrecker 3 Pagc 3 of 12 bj At a minimum, all wreckers shall be equipped with tf�e �ollowing equipment, which at all times shall be maintained in working order: �) 2) 3) 4) 5} 6) 7) 8) 9) 10) 'f�) 12) 13} 14} Tow bar Tawing ligl�ts Emergency overhead warning lights (red or amber co[or only) Safety c�ain Fire exting�isher, A.B.C. Type Wrecking bar Braom Ax Shove[ R�flectors or traffic cones Trasf� container Two way voice or com�uter communication between tow truck and Company dispatcher Backing warning signaf Wheel chocks c) Each wrecker shall have the identifying markings requir�d by fhe Texas Transportation Code, section 642.002. In addition, each wr�cker shall provide Natice of Complaint Procedures to the owner of a towed vehicle as outlined by tE�e Texas Departme�t of Transportat�on Rules and Regu[ations as contained in 43 Texas Administrative Code, Chapter 18, subchapter 18.89, as same may be amended from time to fime. d) Each tow truck and the r�quir�d �qui�ment shall be inspected by tne Chief of Police ar his authorized designee prior to being used for services contemplated by this contract. [n additian, each tow truck and the required equipme�t shall be subject ta in�ermittent inspect�on to assure compliance with this contracf. Slandard Wreckcr ,�, Page 4 of 12 , � 0 �. {NSURANCE REQUIREMENTS Company shaf[ maintain insurance from insurers acceptable to City of the following types and amounts: 5.1 Commercial General �iability $500,ODD each occurrence $50Q,00� aggregate or Garage Liability $500,000 each accident, other than auta $500,000 aggregate 5.2 Automobile Liability $500,000 each accident, combined single �imit This coverage shall include all ve�icles awned or non-owned that are operating under Campany`s operafing aufhority. 5.3 CargolDn-Hoa� $30,000 per unit ' Coverage shall include both the unit being towed and its cont�nts. Units covered sYtall include but not be limited to motor vehicles, traiEers and boats. Coverage sY�all be written on a direcf primary basis. 5.� GARAGEKEEP�R'S �.IABILITY $30,000 �er unit 5.5 Worker's CompensationlAccident Insurance Coverage shall meef fhe minimt�m requirements of state law as con- tained in the Motor Carrier Rules and Regulat�ons. 5.� Current insurance cerkificates shall remain or� file with the City during tne term of this Contract. Insurance coverage may, at the sole discretion of the City, be revised upward upon thirty (30} days prior written notice to Company. Po[icies shall be �ndorsed as follows: 5taitdard Wrecker 5 Page S of l2 a) The City, its officers, employees and servants shall be endorsed as an additional insured on all policies except employer's �iability insurance coverage under the workers' compensation insurance policy. b) Certificates of insurance shall be deliverecE to the supervisor of the City of Fort Worth Auto Paund, 1301 E. Nortnside Drive, Fort Worth, TX 76102, prior ta any worK being performed under this contract, c) Any failure on part of the City to request required insurance documentation shall not constitute a wai�er of fihe insurance requirements specified herein. d} Each insurance policy shall be er�dorsed to provide the Gity a minimum thirty days notice of canc�llation, non�renewal, andlo� material c�ange in policy terms or coverage. A ten �ays notice shall be acceptable in the event of non�payment af premium. e) Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: Vl1 or equivalent measure of financial strength and salvency. f) Deductible limits, or selfRfunded retention limits, on �ach Policy must not exceed $1 D,OOO.Oa per occurrence unless otherwise approv�d by the City. g} Other than worker's compensation insurance, in lieu of traditionaf insurance, City may consider alternative coverage or risk treatment measures through i�surance poo�s or risk retention groups. The Ci�y must appro�e in writing any alternati�e coverage. h) Workers' compensation insurance policy(s} covering em�loyees shall be endorsed with a waiver of subrogation providin� rights of recovery in #avor of the City. i) Cify shall not be responsibl� for th� direct payment of insurar�ce �remium costs. j) Insurance policies sf�all each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage mainiained by City shall not be called upon to contribute to loss recovery. 5taudard Wrecker � Page G of l2 k} Company shall report, in a timely rnanner, fo City's afficially designa�ed cantract administrator any known loss occurrence which could give rise to a liability claim or lawsuif or which could result in a property [ass. l) Campany's liability shall not be limit�d to tf�e specified amounts of insurance re�uired herein. m) Upon the request of City, Company shall provid� complete copies of all insuranc� polic�es required by these contract documenis. 5.7 ln the event a state or federal law, rule or regulation pertaining to wrecker service companies operating within the State of Texas exceed insurance requirements specified herein, s�ch state or federaf law, rul� or regulatian shall pre�ai[ for the respective type of insurance coverage andlor limi� thereof. 6. DUTIES AND RESPONSIBILITIES OF COMPANY Company, during the term of this contract, sha[I per�orm the followEr�g duties and have the fallowing responsibiliti�;s: a) Maintain as its primary busine;ss the towing of �ehicles or trail�rs by wreckers meeting the requirem�nts of paragraphs 4(a} and 4(b} above. "Primary bus�ness" shall mean that Comparty receives more than fifty per-cent (50%) of ii gross revenues from the towing of vehicles and traiiers. All of company's records shal[ be open to reasonable inspection, bafh at the �ime of execution of this agreement and at any time during the ferm hereof, ta verify compliance wifih this condition. b) Maintain a currently licensed vehicle storage facility lo�ated within the corporate limifs of the City. "Vehicle storage fac�lity" shaU mean a faciiity operated by a p�rson licensed under Article 6687-9a, Revised Statutes. c) Maintain business op�ration twenty-four {24) hours a day, se�en days per week. d) Respond to all calls contemplated by this contract within #hir�y (30) minutes of notificafion, except in extraardinary situations where delay is cause� by ice, snow or oth�r weather related condEtions. In the event Company fai�s to respond as required, City may notify another wrecker company and Company 5tanciard Wracker I'uge 7 af l2 7 shall not be entitled to the compensation to which it would hav� been entitled had it arrived timely. e} Maintain on file wifh the City the name of the owner, president ar c}�ief executi+re officer, business acidr�ss, and telephone r�umber; further, Company shall notify fihe City of any change of ownership, president or chief exec�tive afficer, or change of address within �ve (5) business days of any such change. f} Deli�er the motor vehicfe being towed to the location within the corporate limits of City designated by the police officer at the scene of the pull. Delivery shall be made without delay or d�four. g) Fully cooperate with any investigation conducted by the City regarding complaints against Campany, whefher or not such complaints arise out of services contemplated by th�s Cantract. h) Shall not become delinquent in the payment of ar�y taxes due to City. i) Shall not ga to any acc�dent scene unless the Company has been call�d to the scen� by th� owner or operator of a vehicfe or an authorized representativ� of same, or by the City. j} Completely remove all debris resulting from any accident to which ti�e Company is responding. Removal of debris shall not be considered complete by merely sweeping it to the curbline. k} Shall not solicit any wreck�r business within the corporate limits of City af the scene of a wrecked or disabled vehicle, regardless of whether the solicitation is for the �urpose of so�iciting tl�e business of towing, repairing, wrecking, storing, trading, ar purchasin� the v�hiclE. I} Shall only employ drivers of tow trucks authori�ed to operate same. m) Provide the Police Paund personnel with an invoice at the tim� fhe vehicle is delivered to the Auto Paund together with the signed wrecker selection farm to �e provid�;d. 7. TERMINATION AND SUSPENSION 7.1 This contraci may be terminated or suspended by City for any of the following causes: Standard Wrecker g Page 8 oF l2 a) Violation af any term andlor condition specified in this contract. �) Failure to natify the Communications Division of the Police Department within fif�een (� 5) minutes from the fime of notification if the Company wil! b� unable to respond wifhin the thirty (30) minutes allotted far a response fo a ca11 for w�eck�r s��-vice. c) Permitting a tow truck to be op�rat�d by anyone whife under the irtfluence of alcaho! andlor drugs. d) Permitting a tow truck to be o�erated by anyone whose operator's license is suspended. e) Transferring or assigning any call far service to any other company f) Any sustained complaini of fheft by personnef of Gompany whiie acting in their capacity as employee� of Company, whether occurring during a palice pull or otl�erwise. g) Any susiained compfaint of threats made by personneE of the Company while acting in their capacity as employees of Company made against third �arties during a palice pull or otherwise. h) Failing to comply with all directions o� police personnel at the scene of a police pul! or civilian employee at the Police Po�nd. Cam�any may requesf a police supervisor to validate any such direction given. i) Five �5} pass�s within a thirty (30) day period. Pass i� this paragraph shall mean Company failing to r�otify the City of its inability to respond to a request for service as required by paragraph 2 above. j) Ten (10) passes within a thirty (30} day period. Pass in this paragraph shall mean a Company notifying the City af �ts inability to respond to a reques� for service as required by paragraph 2 above. k) Violation of any rule or regulation contained in Exhibit °A" attached hereta. I) Failure to comply with any sta�e or federai law ar city ord�nance related to the operation of a wrecker company. 7.2 City shall notify Company in writing of its intent to terminate or suspend for cause twenty (20} days prior to such s�spension or fermination. Company shall have the right to request a hearing befor� the Chief of Police or his designes Standai-d Wrecker c� Page 9 of 12 regarding ti�e intent to te�minat� or susp�nd for caus� by requesting a hearing in wriiing within five (5} business days after rec�ipt of r�o�ic� of intent to terminate or suspe�d. A hearing shall be condUcted within fifteen (15} days of the request far hearing. The City, in its sole discretion, may temporarily suspend this contract during any appeals process. 7.3 f n t�e event 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 twelve (�2) manths. 7.4 ln the event City suspends or terminates this contract for cause, and the cause for such suspension or fermination is determined to be invalid, Company"s sole remedy shall be reinstatement of this contract. Company expressly wai�es any and all rights to monetary damages, including but no� limited to actual and punitive damages, court cosfs and attorney's fees. 8. INDEMNIFICATION With regard to any liability which might arise hereunder, City and Company agree that they shall be sal�ly and exclusivefy liable fpr the negligence of its own agents, servants, subcontractors and emplayees and that neither party shall look to the other party to save o� hold it harmless for the conse�uences of any negligence on the part ofi one of its own agent, servant, subcontractor or employee. Nothing contained herein shall be construed to be a waiver by City of any right of protection that it enjoys under applicable State or Federal law. 9. ASSIGNMENT Company shall not assign, transfer or sublet this Contract or any portion hereof to any party without fhe prior written consent of City that shal[ not be unreasonably withheld. Any such assignment, transfer or subletting of this Cantracf wifhout the consent of the City shall be void and shall operate as a terminatior� hereof. Standard Wo•ecker 10 Page l 0 o f l 2 10. ZONES AND ROTATION LIST �0.1 City shall divide the cify into four (4) zon�s that shall carrespot�d to the four (4) patrol divisions. Company shall be assigned ta the znne or an adjacen# zone in which it maintains its principal place of business. 10.2 City snall create a rotation list wifhin each of the four (4} �ones that will dictate the order in which wrecker companies are contacted. 10.3 City may request Company to conduct a police pull wi�hin any zane, and Com�any agrees to use its �est efforts to arrive at the scene of the police tow within thirty (30} minutes. 1�. �NDEPENDENT CONTRACTOR It is understaod and agreed by the parties hereto that Company shall perform afl work and services hereunder as an independent contractor, and not as an officer, agent, servant or em�loyee of the City. Company shall have exclusive controE of and fhe exclusive right ta control the details of the work or service to be performed h�reunder, and all persons perForming same on behalf of Company, and shall be solely responsi�le for the acts and omissions of its officers, agen�s, servants, employees, contractors, subcontractors, licensees and �n�itees. The doctrine of respondeat superior shall not apply as be#ween the City and Company, ifs officers, agenis, servants, employ�es, contractors and subcantractors, and nothing nerein shall be construed as cr�ating a partnership or joir�t venture be�ween the parties hereto. Sla��dard Wrecker � 1 nage 1 I of l2 1n witn�ss whereof, the parties hereio have executed this Contract on tne ���f�` day of , 20� ATTEST: CITY � FORT W,b$�TH < < — - - - �� _ ��y: � ' � � G10 Pearsan `Libby V1(�tson City Secretary Assistant City Manager APPROVED A5 TO FORM AND L.EGALITY I�_. Assistant City Attorney ATTEST: Corporate 5ecretary �` � p� � - t " �-�. ������G�c Authorixation i ��-�__ r �,_. ;_ __��' � _ . , Dat� Fort Worth Towinq & Reco�ery {Company ame) By: �'/ Michasl Yates, wner ` . ,,GU � �Sti;, + r;;:�n ��. �������� � Stan�lard Wrecker Page 12 of 12 12 �.��.� � �. � ���� ���� 'T'l�e i�ll���a�g r�ei�s �gY� Q-egul��io�ts wi�� be foY�o�ved iby �I, �r�c�er �ornp��ies upau� ar-rival at the p.ufo Pound. 1. The ent�y gate will not be blacked Uy wr�ckers waiting io enter or exit the Auto Pauz�d. 2. No wi•ecker sl�.all enter tlie Auto Paund wi�l1 inore tl�a�z one (1) pe�soi�loperator, wuless authorized by the oil duty sluft supeivisor. This will �e done an a case by case basis. ' 3. For safety reasons, a Car C�rier will be rec�uired to off load thei� cai-go wl�en possi�le. Tlus shall Ue detenl�ined Uy tlle o� duty supex-visor. 4. I��ventories slzot�Id Ue ha��dled in aai expeditzous inailner whEn possibie. Havvever, Auto Po�u1d persoaxnel are requi�ed to do a coinplete and precise i.�ventory of all propei-ty and �rehicles. A speci�c tr�1e frame wouid be izn.possible to institute. 5. No w�'ecker driver/operator wi11 assist with arly zxiveutary Ueing eox�.ducted l�y Ati�to PoL�nd �ersoilnel. 6. Ti1e use af Car Cai�ier�s, extra ti��e, extra eqt2ipme���, etc., shall be su�ject to approval Uy the Wrecicer Administratai or Auta Pouiid Supervisor. 7. Wreckex driversloperatorslowners sJiall be required to follow a��y.direction�s or instrucfiions given i�y Auto Paut�d personnel. S. Wreckar Co1Yi�aiay Owners shall assist a�2d coinply wi�i aily investigaiion }�er�onned by Auto Poi.u�d perso�lel or tlie Fort Wortli Police D.eparti�ieat in regards to tlleir compan.y, driver, op�rator and or business without hesitation. 9. Violatioi�s of atly of the above rules sha11 be subject to revier�v by ti�e Wrecker Adinxuistrator or Atitio Pound Supe�visor. Tl1e Auta Pound Supeivisar or a I3igl�er level oi coilunand ilzay detennine disciplui�-y action �,1� to a�zd ii�clndzng tenzliilatioi� of contract. City of �ort �'or�th, �exas �y�� �n� ������1 �����r������a�� DATE REFERENCE NUM�ER � I�OG NAM� 35TOWS I PAGE 1�f 2 4isra3 �-1 ��44 SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AN� CONTRACTS ��R NON- C�NSENT TOWING �F WRECKED OR ABAN�ONED VEHICLES FROM MULTlPLE VENDORS REQIJIRED BY CITY ORDINANCE F�R THE PO�.ICE DEPARTMENT RECOMMENDATION: It is recommen�e� t�at the City Council: 1. Auth�rize contracts for Police Department request�d non-consent towing of wrecked ar abandoned vehicles from mul�iple �endors as required .by Section 34-181 of the Code of the City of Fort Worth (198fi}, as amende�; and 2. Authorize ihe contracts ta begin Ap�il 8, 2003, and expire Se�tember 30, 2�03, with op�ians ta renew for four additional ane-year periods; and 3. Adopt the attached suppiemental a�propriation ordinance incr�asing estima��d r�ceipts and appropriatior�s by $446,944 in the Generaf �'und from available funds. D15CU5SION: Section 34-181 af the Cade af the City of Fori W�rth (19$6), as � amended, requEred that all police department, nan-consent #ows, sha11 be undertaken pursuanfi to contract, specifically exec�ted between the City and a wreek�r company. T�e Pubiic Safiety Commi#tee ex#ensively reviewed the new rates ar�d unar�imousfy appro�ed this recommendation on March 25, 2003. There are three types of contracts a�d rates as foClows: � Sta�dard tow trucks $1 DO o Tilt bedlrollback fiow truc[cs $125 o Tan�em taw trucks $'{ 80 Contracts will be executed with any vendor desiring to pe�form �on-consent taws far the Poiice Deparfinent, if they meet the contract requiremen#s such as towing operations �eing fhe vendors primary business, equipment specifications, insuranc�, and a lacally licensed sforage faci[ity. The fees for services to be provid�d and assignment to one af four zones are the same as contained by City Code. The estimated expenditure for these services is $1.8 million �er year including the antic�pated increase (o# $446,944) for the remaind�r of the fisca! yea� based on ihe revised rates. This increase wilE b� offset by revenue collected as fees. RENEWAL OPTIONS - These cor�frac�s may be renewed fflr up �a faur succ�ssi�e one-year terms at the Gity's option. This action do�s not require specific City Counci� approval pro�ided the City Councii City of �o�i T�ijo��1�9 7�exas ���� ��� ��t�i1�1d ���1�1�f�1������ DATE REFER�NCE NUMBER L-OG NAME PAGE 4181Q3 ��� ���4 35TOWS 2 of 2 5U8�ECT SUPPLEMENTAL. APPROPRlATIQN ORDINANCE AND CONTRACTS FOR N�N- CONSENT TOWING OF WRECISED OR ABAND�NED VEHfCLES FR�M MULTIPLE VEND�RS REQUIRED BY CITY �RDINANCE F�R THE POLICE DEPARTMENT has appropriated sufficient funds to satisfy the City's obligation during the renewal term. FISCAL ENFORMATI�DN/GERTIFICATION: The Finance Director certifies that upan approvai and completEan of #he abo�e recommenda#ians and fhe a�aption af the attached supplemental apprapriation ordinance, fuRds will be availabl� in th� current operating budget, as appropriated, of the General Fund. LW:r Submitted for City Manager's Office by: Lib6y Watson Originating Depariment Head: Ralph Mendoza Additional I�formation Contact: Susan Alanis I FUNI7 I ACCOUI�lT I I ��) � GGa1 539120 6183 GG01 462624 � 483$6 � (ironn) GGQ1 539T2p � �s2�z � C�NT�R � AMOUNT 0353403 $446,944.00 03534Q3 $446,944.p0 0353403 $44fi,944.00 CTTY SECR��'ARY APPR�VEI� Q4108/03 ORD.# 15517