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HomeMy WebLinkAboutContract 28608� � � �t�� ��C�E� �U � �� � CONTRACT FOR TOW TRUCK SERVICE (TILT BEDIROLL BACK} WHEREAS, the City af Fort Warth occasional�y requi�es the services af tow trucks; and WHEREAS, such tow truck services are necessary to protect the safety of the citizens of the City of Fort VVorth, NOW, THEREFORE, KNOW AL� BY THESE PRESENTS: Th� City of Fork Worth, hereinafter referred to as "City", acting herein by and through Lib�y Watson, its duEy authorized Assistant City Manager, ar�d Kevin Ballard Enterprise Inc., dba Ballard Service Center, dba Ballard Wr�ck�r Service, hereinafter referred to as "Campany", acting herein by and �hrough Kevin Ballard, ifs duly authorized Presid�nt, agr�e as follows: 1. SERVICES City here�y contracts with Company ta �ravide police pull towEng service. As used herein, "police p�li" shall mean that the For� Worth Polic� Departm��t has call�d Company from the rotation list to �ither remo�e a wrecked or disab[ed vehicle or to remove a vehicle in a safe driving condition, but the ow�er is not present, ab[e or permitted to drive or to make authorizations. 2. TERM The initial term of this contract shall expire on September 30, 2003. In additior� to the initial term af this contract, there shall be four aptians to renew for ferms of one y�ar each, unEess ear{ier terminated as Y��reinaft�r provided. Renewal sha11 occur upon City including in its budget for the options years sufficient funds to pay for its obligations heraunder and Company providing proof of insurance to City. 3. COMPENSATiON 3.1 Compensation. As compensation for pravidi�g i�-`�� --���� - contemplated by this Con�ract, City agrees to pay Company as fC�lli,wti. �� < < � B� , � � � a) Towaqe. A char�e of one hundred twenty fi�e dollars ($�25.00) for towing such veh�cle from one point on a street to another location wift�in th� cor�orate limits of the city as directed by #he police officer at the place where the tow originated; such charge inc{udes one-halfi hour of Extra Work. In the event Company responds to the scene of a pofice pull with a tilt bedlroll back fruck when the police pull could have �een accomplEshed with a standard tow truck, Company shall �e entitled to the reduced charge of One hundred dollars ($100.00j. b) Second tow veY�icle. In the event the police officer at the scene determines that a standard fow vehicle is required in addifion to the fiif bedlroll back trucic, a charge afi One hundred Dollars {$1D0.00) per hour, with a minimum charge of one hour, bi[led in increments of fifteen (15) minutes while at the scene of the police pulL A pofice supervisor shall approve the use af a second �ow truck. Tra�el time is excluded. c} Extra work. An additional charge of One hundred dollars {$100.00} per hour, with a minimum charge of one hour, cF�arged in increments of fifteen (1 �) min�tes, far removing vehicles thaf ar� off th� street right-ofi way, such charge to be made from the time the operator begins to remove the vehicle urttil it is on tha trave{ed portion of the streef. Even though ths �ehicle is wifhin the street right-of-way, an additional charge may be made if the vehicle is located in some unusual condition wifhin the rig�i-of-way, such as, but not limited to, a river or a creek bed or a�ifch of greater depth than the ordinary bar ditch. Extra work shall only be allowed when authorized by a police officer at the scene of ihe pull. The charges for such extra work sha11 be reviewed and approved by the Auto Pour�d Wrecker Administrator. Extra wor[c exclud�s trav�l time, waiting time, and clean-up time. d} Handlinq hazardous materials. When the cargo ofi any motor vehicle or trailer includes explosive, nuclear, radioactive, hazardous or corrosive materials, as defined by the Environmental Protection Agency, Texas Depar�ment of Transpo�tation, or the Texas Commission on Environmental Quality, a fee equal to one hundred�fiffy (� 54) percent of the charges Tilt Wreeker � Pag� 2 01' 12 � permitted und�r subparagraph "'a'" above, In addition, a charge may be made for expenses incurre� related to protective clothing and any other supplies or equipment used in handling suc� materials, such charge being equ�l to the actual amounts incurred plus fifteen {15) percent. e} Not�ing contained Y�erein shall be construed so as to obligate City to exp�nd any sums of money except for work actually performed. �urther, nothing car�tained herein shali be construed so as fo guarantee that City will confact Company for any towing service confemplated by this Contract. 3.2 Invoicinq and Pavment. Company shall Invoice City o�ce per month. Company shall includ� with the invoice such dacuments as may be reasonably req�ested to provide evidence of the s�rv�ces provided to the City, which at a minimum shail includ� copies of the wrecker selection farm signed by the officer a# the sc�ne of the police pull andlor persannel at the Fort Worth Auto Pound. Such in�oice shall be subject to the review and approval of appro�riate City personnel. Cify shall �emit payment to Company not more than thirty (30} days follflwing approval of invoice. 3.3 Compensation Review. Ci#y sF�al[ re�iew on an annual basis the com�ensation pro�ided for hereunder, with the first such review ta be conducted during t�e month of August 2003. Similar r�views shal[ occur in August of each succeed�ng year that this contract is in effect. City shall make adjustments in the compensation based upon increases or decreases in the cost of doing business, taking into consideratian fuel, insurance, labar, and such other costs as may be relevant ta the operation of a towing business. 4. VEHECLE AND EQUIPMENT REQUIREMENTS Com�any shall maintain ai all times the followi�g vehicles and equipment in workir�g condition: a) A minimum of one (� } tilt bedlroll back dual rear wheel wrecker rated at not less fhan 14,000 pounds gross vehicle weight. b} At a minimum, all wreck�rs shall be equipped with the following equipment, which at all times s�all be maintained in warking order: Ti][ Wreekei- Page 3 of 12 3 �) 2} 3} 4) 5) �) 7} 8} 9} �0) 1�) 12) 13) 14) 15) Tow bar Tawing lights Emergency overhead warning lighfs {red or am�er color only) Safety chain Fir� extinguisher, A.B.C. Type Wrecking bar Broom Ax 5 hovel Reflectors or traffic cones Trash container Two way voice or computer communication between tow truck and Company dispatcher Backing warning signals Wheel chacks Traffic cones c) Each wreck�r shall have the identifying markings required by the Texas Transporkation Code, section 642.002. In addition, each wrec�Cer shall provide Notice ofi Complaint Procedures to the owner of a towed v�hicle as ou#lined by the Texas Department of Transportation Rules and Regulations as contained in 43 Texas Administrative Code, Chapter 9 8, subchapter 18.89, as same may be amended from t�me to time. d} Each fow truck and the required �quipment sE�al[ be inspected by the Chief of Palice or his autnorized designee prior to being used for services canfemplated by this contract. In addition, each tow truck and the required equipm�nt shall be subject to intermittent inspecfion to assure compliance with this contract. Tilt Wrecker Pagc 4 af 12 4 5. INSURANCE REQUIREMENTS Company shall maintain insurance af the following types and amounts from insurers acceptable to the Cify: 5.1 Commercial General Liabilify $500,000 each occurrence $SQO,Q00 aggregat� or Garage �iabilify $500,000 each accident, other than auto $500,OQ0 aggregate 5.2 Automobile �.iability $500,000 each accid�nt, combined sirtgle limit This eoverage shall include all vehicles owned or non-owned that are operating under Company's operating autharity. 5.3 Cargol�n-Haok $30,Q00 per unit Coverage shall inc[ude both the unit being towed and its contents. Units covered shall include but not be limited to motor vehicles, trailers and boats. Coverage shall be written on a direct primary basis. 5.4 GARI�GEK��P�R'S �[A�IL[TY $30,QQ0 per unit 5.5 Wor�er's CompensationlAcc'rdent lnsurance Coverage shall meet tY�e minimum requiremenfs of state law as can� tained in the Mator Carrier Rules and Regulations. 5.6 Current insurance c�r�ificates shall remain or� fiile with the City durir�g th� term of this Contract. Insurance caverage may, at the sole discrefion of the City, be revised upward upon thirty (3�) days prior written notice to Com�any. Policies shall be endorsed as fallaws: Tilt Wrecker � Page 5 of 12 a} Tne City, its officers, emplayees and servants shall be endorsed as an additional insured on afl po{icies except employer's liability insurance coverage under the workers' compensation insurance po{icy. b) Certificates of insurance shall be delivered to the supervisor of the City of Fort Worth Aufo Pound, 1301 E. Northside Dri�e, Fort Worth, TX 76102, prior to any work being performed under this contract. c) Any failure on part of the City to request required insurance �ocumentafian shall not constit�t� a waiver of the ins�rance requirements specified herein. d} Each insurance policy shall be endorsed fo provide the City a minimum thirty days notice of cancellation, non-renewal, andlor material change in policy terms or coverage. A fen days notice shall be acceptable in the eveni of non-payment of premium. e) Insurers musf be authorized to do b�siness in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f) Deductible limits, ar self-funded retention limits, on each policy must not exceed $1D,000.00 per occurrence unl�ss otherwise appro�ed by the Cify. g} Ot��r ihan worker's compensafion insurance, �n Iieu of traditional insurance, City may consid�r alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h} Workers' compensation insurance policy(s) covering employees shall b� endorsed w�th a waiver of subrogatian providing rights of recov�ry in favor of fhe City. i) City shall not be r�sponsible far the direct payment of insurance premium costs. j) Insurance policEes shall each be endorsed to provide that such insurance is primary �rotection and any seff-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. 1'ilt Wrecicer Page G oT 12 �i� � k) Company shall report, in a timely manner, to City's officially desig�ated contract administrator any known loss occurrence which cou[d give rise fo a liabi[ity claim or lawsuit or wh�ch could resul# in a praperty loss. I) Company's lia�ility shall not be limited to th� specified amo�nts of insurance required herein. m) Upon the request of City, Company shall provid� complete copies of all insurance policies re�uired by these contract documents. 5.7 In the e�ent a state or federal law, rul� or regulation pertaining to wrecker service companies operating within the S#ate of Texas exceed insurance requirements specified herein, such state or �ederal lav�, rule or regulation sha[I prevail for the respective type of insurance coverage andlor limit thereof. Q DUTIES AND RESPONSfBILITIES OF COMPANY Company, during the term of this contract, shall perform the following duties and have th� following responsibilities: a) Maintain as its primary business the towing of vehicles or trailers by wreckers meetir�g 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 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 and at any time d�ring the term hereof, to verify complianee with this condition� b) Maintain a currently licensed vehicle storage facility lacated within the corporate limits of t1�e Gity. "Vehicle storage facility" sha11 mean a facili#y operat�d �y a person under Article 6687-9a, Revised Statutes. c} Maintain business operation twenty-four (24) hours a day, sev�:n days per weelc. d) Respand to all calls contemplated by this contract within thirty {30) minutes of natification, exce�t in extraordinary situations where delay is caus�d by ice, snow, or other weather related conditions. In the event Campany fails to Tik Wreeker Page 7 of l2 % i y respond as required, City may notify another wrec�Cer company and Campany shall nat be entitled to the compensation to which it would have been entitled had it arrived timely. e} Maintain on file with the City the name ofi the owner, president or chief exec�tive officer, busir�ess address and telep�one number; further Campany shal[ natify the City of any change of ownership, president or chief �xecutiv�; officer, or change of address within five (5) business �ays of any such change, f) Deliver the motor vehicle being tawed to the location withi� the corporate limits of City designated by the po[ice officer at the sc�n� of the �ull. Delivery shall be made withoufi delay or detour. g) Fully cooperate with any investigation conducted by th� City regarding com�laints against Company, whether or not sucn complaints arise out of services contemplated by this Contract. h) Shall not become delinquenf in the payment of any taxes due to City. i) Shall not go to any accident scene unless the Company has been called to the sc�ne by the owner or operator of a vehicl� or an autharized representative of same, or by the City. j) Com�let�ly remove all debris resulting from any accident to which the Company is responding. Removal of debris shall not be considered complete by merely sweeping it to the curbline. k) Shall na# solicit any wrecker business within the corporate limits of City at the scene of a wrecked or disabled vehicle, r�;gardless af whether the solicitation is for the purpose of soliciting the business of fowing, repairing, wrecking, staring, trading, ar purchasing the vehicle. I) Shal� only emp[oy drivers of tow trucks authorized ta operate same. m)Provide fhe Police Pound personnel with an invoice at the time the vehicle is delivered to the Auto Pound togeth�r with the signed wrecker selection form �o be pra�ided. Tili Wrecker g Page & of 12 7. TERMINATION AND SUSPENSlON 7.1 This contract may be terminated or suspended by the City for any of the following causes: a) Violation of any term crr conditian specified in this contract. b) Failure to notify the Communications Di�ision of the Police Depar�ment wifhin fifteen (15) minutes from the time of notification if the Company will be unable to respond within the thirty (30) minutes allotfed for a respor�se to a wrecker cail. c) Permitting a tow truck to be operated by anyone while und�r 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 to any ather company f) Any sustained complaint of theft by p�rsonnel of Company while acting in their capacity as employees of Company, whether accurring during a police pulf or otherwise. g) Any s�stained complaint of threats made by personn�l of the Cam�any while acting in their capacity as emp�oyees of Company made against third parti�s during a police puU or otherwise. h) Failing to comply with all directions of pofice �ersonnel at the scene of a police pull or civilian or police personnel at the Police Auto Pound. Company may request a police supervisor to validate any sucF� direction given. i) F'ailure to comply with any state or federal law or city ordinance re[ated to the operation of a wreck�r campany. j) Five (5) passes within a thirty (30) �ay period. Pass in this paragraph sl�all mean Company failing to natify #he City of its inai�ility to respond to a request for s�rvice as required by paragraph 2 above. `I'ilt Wrecker (� Paoe 9 of l2 k} Ten �10) passes within a thir�y �30} day period. Pass in this paragraph shall mean a Company notifying the City of its inability to respond to a requesf for servicc; as required by paragraph 2 above. I} Violation of any rul� or regulation contained in Exhibit "A" attached hereto. 7.2 City shall notify Company in writing of its intent to terminate or suspend for cause twenty (2�} days prior to such suspension or termination. Company shall have the rigl�t to request a hearing before tY�e Chief of Police or his designee regarding the intent to terminate or suspend far cause by requesting a hearing in writing within five (5} bt�siness days after receipt af notice of intent to terminate or suspe�d. A hearir�g shall be conducted within fift�en (15} days of the request for hearing. T�t� City, in ifs sole d�scretion, may temporarily suspend this contract during any appeals pracess. 7.3 In the event fhis contract is suspended for cause, the susp�nsion shall be for a per�od of time of not less than six (6) months nor more than fiivelve (12) months. 7.4 ln the event City suspends or terminates this contract for cause, and the cause for such suspension or termination is determined to be in�afi�, Company's sole remedy shall be reinstatement of this contract. Company expressly waives a�y and a!I rights to monetary damages, including but not fimited to actual and punitive damages, caur� costs and attorney's fees. 8. INDEMNIFICATION With regard to any liability which might arise hereunder, City and Customer agree that they sha11 be solely and exclusively liable for the negligence of its own agents, servants, subconfractors and emplayees and that neither party �hall loo�C to the other party ta save ar hold it harmless for ihe cartsequences of any negligence on the part of one of its own agent, servant, subcontractor or employee. Nothing contained herein shall be construed to be a waiver 6y City of any rigF�t of protection that it enjoys und�r applicable State or Federal iaw. Tilt Wrecker 10 Page 10 of 12 9. ASSIGNMENT Company shall not assign, transfer or sublet this Contract or any por�ion hereof to any party without the �rior written consent of City that shall not be unreasonabfy withheld. Any such assigr�ment, transfer or su�letting af this Contract shall be void and shall operate as a termination hereof. �0. ZONES AND ROTATION L.IST A. City shall divide the city into four (4) zones that shall correspond to the four (4} patrol divisions, Company shall be assigned to the zone or an adjacent zone in which i# maintains its principal place of business. B. City shal� create a ratation list within each of the four (4} zones that will dicfate the order in whicl� wrecker companies are contacted. C. City may request Company to conduct a police pull wifhin any zone, and Company a�rees to use its best efforts to arri�e at the scene of the pol�ce pull wifhin thirty {30) minutes. 11. INDEPENDENT CONTRACTOR {t is understood and agreed by the parties hereto that Company shall perform al{ work and services h�reunder as an independent contractar, and not as an officer, agent, servant or employee of the City. Company shall hav� exclusive control of and the �xclusive righf ta control the d�tails of the work or service to be per�ormed hereunder, and all persons perForming same on behalf of Company, and snalf be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrin� of respondeat superior sl�all �ot apply as beiween the City and Company, its ofFicers, agents, servants, employees, contractors and subcon#ractors, and nothing h�rein shall be construed as creating a partnership or joint vent�re between the parties hereto. In witness whereof, the parfies hereto have executed fhis Contract on the �� day of � �9 , 20� 4 'Cilt Wrecker � 1 Pa�e 11 of l2 �� ll �. � � -, � ,� .;qn�ract Au�ho iz�tion - �.���'� �� ~�� -� .. _ �. ��tc ATTEST: f �.� ��.� � Glor' Pearscn City Secretary APPROVED AS TO FORM AND LEGALITY � Assistant ity Att nro ey ATTEST: Corporate Secretary CITY �FORT INQl�IT�H . _, B�: __�f ,, �ibby W a�f son Assistant City Manager Kevin Ballard Enterprise Inc., dba Ballard Service Center, �ba Ballard Wrecker Se�vice (Company Name) . By. Kevin Ballard, President ,;,' 1 �� ;� 1 n ,� :��� � ����. Tilt Wrecker i� Page 12 of I � .��.�.� �' � .� .� �.��� ���� 'd'he fa���o����g Q-a��es ��� � eg����eous �ei3 i�e �o➢�ovved by ALIG �Vrecl�er Co�npa�ies upon art•iv�l �t the Auto Pound. L The eniry gate will nat �e blocked Uy wrecicers waiting fa enter ar exit fi1�e Auto POLlI1C�. 2. No wreci�er shall enter tl�e Auto Potiu�d witli inore than o�e {1) person/operator, wu.less authorized by tl�e nn duiy sluft supervisor. Tlzis will be done on a case l�y case Uasis_ 3. For safety reasoizs, a Ca�• Ca�7-ier will be rec�uued to aff load their carga when passible, This shall be detertnined bX the on duty supeivisor. 4. Inveiltories sllould be handled in an expeditious �naniier when possible. However, Auto Pound persoiu3el are required to do a cornplete and precise inventory of all property and vel-�icles. A speci�ic ti.��.le frame waL�ld be impos�ible to iustit��te. 5. Na wreclter cii�iver/operatqr will assist witlz a�ry uiventory being conducted by Auto Pa��nd 1�ersozv,xel. 6. The use of Car Cai-�ier�s, extra tinie, exira ec�tupn�ent, eic., shall �e subject to a�proval U.y tlle Wrecker Ada,nuustraior or Auio Poui�d Supervisor. 7. Wrecicet: c�:i�ers/operators/ovv��ers sllall be required to fallow a�ly.duections or instzuctions gi�eil t�y Auto Pound persoilnel. 8. Wrecicer Co�nparay Owners sl�all assist a�1d cam�ly with a�y in�estigation pe�foiz�ed by Auto Poui�d personnel or �lie Fort Worth Police Department in regar.ds to their company, ci�iver, operator and or busi��ess withotit hesitatia�.. 9. Violations of a�iy of the aUove rules sllall be subject to review Uy th� Wrecl�er Aclu�.ia�.istrator or Auio Pound Supervisor. T1�0 Auta Potti�d Supeivisor or a higiler level of corninaild nlay c�etei-niine disci�izi�.a�-y action �tp to ai7d ii�chidin� terininatioii of corztract. �'ity of Fori Wor�h, T "exas ���� 1�1�1� ������t ���1�[�f1��d1�1�i� �ATE REFERENCE NUMBER LOG NAM� ' PAGE 4I8103 ��� g�4� 35TOW5 1 of 2 SUBJECT SUPPLEMENTAL APPROPRIATION ORD[NANCE AND CONTRACTS FOR NON- CQNSENT TOWING OF WRECKED OR ABANDQNED VEHICLES FR�M MULTIPLE VENDORS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT I:�xKi] �i�►il��i�7���I�I�� It is recommended that ihe City Council: 1. Authorize contracts for Palice Department requested non-consent towing of wrecked or abandon�d �ehicles fram rr�ultipEe �endo�s as required by Sectian 34-181 of the Code of the City of Fort VVort� {1986}, as amended; and 2. Authorize the contracts to begin April 8, 2003, and expire September 30, 2003, with options to renew for four additEona[ one-year periods; and 3. Adopt the attached supp[emental apprapriation ordir�ance increasing �stimated reeeipts and appro�riations by $446,944 in the General Fund fram available funds. D15CUSSfON: Seciion 34-181 of the Code of the City of For� Worth (1986), as amended, required that all police department, non-consent tows, shall be undertaEten �ursuant to contract, specifically executed betwe�n the City and a wrecker company. The Pu�lic Saf�ty Camm9tiee extensively re�iewed the new rates and unanimously� approved this recommer�dation on March 25, 2D03. There are three types vf contracts and rates as faliows: � Standard tow trucks $100 • Tilt bed/roliback tow trucks $125 � Tandem tow trucks � $180 Contracts wilf be executed with any vendor desiring to pertorm non-conseni tows for t�e Police Departmeni, if they meet the contract requiremen�s such as towirrg opera�ions �eing the vendors primary husiness, equipm�nt sp�cificatians, insurance, and a loca[ly licensed storage facili�y. The fees for services to be pra��ded and assignment to one of faur zones are the same as contained by City Code. The estimated expenditure for these services is $1.8 million per year including the anticipated increase (af $4q�B,S44) �or the remaind�r af the #iscal year based on the revised rates. This increase will be offset �y revenue collected as fees. RENEWAL OPTIONS - These cor�tracts may be renewed for up to four successive one-year terms at the City's option. This action does not require specific Cfty Council approWal pro�ided the City Council . C`ity o��ort Wo�th� T'exas � �� ��� �����1 ��������t��� � � � DATE REFERENCE NUMBEF2 LOG IVAM� PAGE 418103 �o� g�q� I 35TaWS 2 of 2 5UB.lECT SIJPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON- CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE VENDQRS REQUIRED BY CITY ORDINANCE F�R THE POLICE DEPARTMENT has appropriated sufficienf funds to satis#y the City's obligation during t1�e renewal ierm. F'ISGAL INF4RMATION/CERTlF[CATION: The Finance Director certifies that upan appro�al and compl�tion of th� abo�e recommendations and the adoption of the attached supplemental appropriat�an ordinance, funds will be availabie in the current operating b�dget, as a�propriated, of the Ger�eral Fund. LW:r Submitted for City Manager's �ff ce by: • Libby Watson Originating Department Nead: Ralph Me�doza Additional Infarmatian Contact: 5ussn Alanis I FUND I ACCOUR'T I I (to) � GG01 539120 6183 � GG01 462624 � d8386 I (from) GGO'i 539120 � 78262 I CEPVT�It I AMOUNT 0353403 $446,944.00 � fl353403 $446,944.p0 � 0353403 $446,944.00 CITY S�CRETARY APPRQVED O�f08/p3 . pRD.# ]5517