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HomeMy WebLinkAboutContract 28609 (2)� . ��iY ��c���A����� ] CC�Ni�AC;�� �� . CONTRACT FOR TOW TRUCK SERVICE (STANDARD SERVICE) WHEREAS, the City af Fort Worth occasionally requires the services of tow trucks; and WHEREAS, such tow truck services are necessary to profect the safety af the citizens of the Cify of Fort Worth, NOW, THEREFORE, KN4W AL.L BY THESE PRESENTS: The City of Forf Worfh, hereinafter referred to as "City", acting herein by and through Libby Watson, its d�ly authorized Assistant City Manager, and Kevin Ballard Enter�rise Inc., dba Ballard Servic� Center, dba Ballard Wrecker Service, hereir�after referred to as "Company", acting herein by and through Kevin Ballard , its duly authorized President , agree as follows: �. SERV{CES City hereby confracts with Company to provide police pUll towing service. As used herein, "pol�ce pull" shall mean thaf fhe Fort Worth Police Department has call�d Company from the rotation list to either remove a wrecked ar disabled vehicle or to remove a vehicle in a safe driving condition, but #he owner is not � present, able or permitted to drive or to make authorizations. 2. TERM The inifial term of this contracf sha�l �xpire on 5eptember 30, 2003. In addition to ihe initial term of this contract, f�ere shall be fo�ar o�tions to renew for terms af one year each, unless earlier terminated as hereinafter provided. Renewal shall occur upon City including in its budget for the options years sufficient funds to pay far its obiigations hereunder and Campany providing proof of insurance to City. 3. COMPENSATiON 3.1 Compensation. As com�ensafion for providin� the _servir�s contemplated by this Contract, City agrees to pay Campa►�y�����j�gn� _�� l�� � ����'��ti:1u��'�� �1��� �i r � a) Towaqe. A charge of One n�ndred Dallars ($100.D0) for towing such v�hicle from one point on a street to another ]ocation within the corporate limits of the city as directed by the police department at the place where the tow originated; such ct�arge includes o�e-half hour of extra work. b) Seco�d tow truck. ln the event the police afficer at the scene determines that a second tow truck is required, a charge of Qne hundred dallars {$100.00} per hour, with a minimum charge of ane hour, �illed in increments of fifteen (�5} minutes while at the scene of the police pull. A police supervisor shall approve the use of a second taw truc�C. Trave[ time is exc�uded. c) Extra work. An additional charge of one hundred dollars ($1fl0.00} per hour, rrvifh a minimum charge of one hour, charged in increments of fift��n {15) minutes, for removing vehicles that are offi the street right-of-way, such charge to be made from the time the operator begins to remove the vehicfe until it is on the traveEed portion of the sfreet. Even though the vehicle is within the street right-of-way, an additional charge may be made if fhe �ehici� is located in some unusual condition within the rignt-of-way, such as, but not limited to, a river or a creel� bed or a ditch of greater depth than the ordinary bar ditch. Extra work shall only be allowed when authorized by a police officer at the scene af the pull. The charges for such extra work shall be re�iewed and approved f�y the Auto Pound Wrecker Administrator. Extra work exciudes travel time, waiting time and clean-up time. d) Use of a dollv. Na additional fee shall be char�ed for the use of a dofly. e) Handlinq hazardous materials. When the cargo af any motor vehicle or trailer includes explosive, nuclear, radioactiv�, hazardo�s or corrosi�e materials, as defined by the Environmental Prot�ction Agency, Texas Depariment of Transporiation, nr the Texas Commission on Env�ronmental Quality, a fee equal to one f�undred-fifty (15D) �ercenf of the cnarges which may be assessed pursuant to subparagraph "a" above. In addifian, a charge may be made for expenses incurred related to protective clothing and any Stendard Wrecker 2 Page 2 af 12 other supplic�s or e�uipment used in handling such materials, such charge being equal ta the actual amounts incurred plus fifteen (15) percent. f) Nothing contained herein shall be construed so as to obligate City tp ex�end any sums of money. Further, nothing contained herein shalf be construed so as to guarantee to Campany that City will contact Company for any towing services contemplated by this Cantract. 3.2 Invoicinq and Pavmer�t. Company shall lnvoice City onc� per monfh. Company sY�a[I include v+iith the invoice such dacumer�is as may be reasonably requested to provide evidence of the servic�s provided to the City, which at a minimum shall include copies af the wrecker selec�ion form signed by the offieer at �he scene of the police pull andlor personnel at the Fart Wor�h Auto Pound. 5uc� invoice shall be subjecf fo the review and approval of appropriate City personn�l. City shall remit payment to Company not mare than thirky (30) days following approval of invaice. 3.3 Compensation Review. City shall review on an annual basis th� compensation provided for hereunder, with the first such review to be conducted during the monfh a� August 2003. 5imifar reviews shall occur in August of each succ��ding y�ar that this contract is in effect. City shall make adjustments in the comp�nsation based upon increases a� dscreases in the cast af doing business, taking into consideration fuel, insurance, labor, and such other costs as may be relevant io the operation of a towing business. 4. VEHICLE AND EQUIPMENT REQIJIREMENTS Company shall maintain at all times the fial�owing vehicles and equipment in working condition: a) A minimum of two (2) wreckers, one of which shall be not less than 14,Oa0 pounds gross vehicfe weight and one of which shall be not less than 1�,DOQ pounds gross �ehicle w�;ight, dual r�ar wh��ls, equipp�d with a hydraulic operated winch, winc� lines, and a boom rat�d at not less #han 8,OD0 pound lift capacity and a wheel lift devic� rat�d at not I�ss thar� 2,500 pounds. Standard Wrccker � Page 3 of 12 b} At a minimum, all wreckers shall be equip�ed with the fallowing equipment, which at all times shall be maintained in working order: 1) 2) 3} �4) 5) �) 7) 8} 9} '{ 0 ) 11) 12} 13) �4) Tow bar Towing lights Emergency overhead warning lights (red or amber colar only) Safety chain Fire �xtinguisher, A.B.C. Type Wrecking bar Broom Ax Shov�l Reflectors or traffic cones Trash eontainer Two way vaice or compu#er communication between tow truck and Company dis�atcher Backing warning signal W he�l choc{cs c} Eac� wrecker shall have fhe identifying markings required by the Texas Trans�artation Code, section 6�2.Oa2. 1n addition, each wrecker shali provide Notice of Camplaint Proce�ures to th� ow�er of a towed vehicle as outlined by fhe Texas Department of Transportation Rules and Regulafions as contained in 43 Texas Administrative Code, Chapter 18, subchapier �8.89, as same may be amended from time to time. d) Each tow truck and the required equipmenf shall be inspected by the Chief of Police or his authorized designee prior to being used fpr servEces contemplated by this contract. In addition, each #ow truck and the required equipment shall be subject to infiermittenfi inspec#ion to assure compliance wifh this contract. Standa3�d Wrecker 4 Page 4 of l2 4 � �• INSURANCE REQUIREMENTS Company shall maintain insurance from insurers acceptable to Cify ofi fihe fal�owing ty��s and amo�nis: 5,1 Commercial Cenera[ Liabiiity $500,000 each occurrence �5009000 aggregate Jr Carage Liability $�aa,00D each accident, other than auto $500,OQQ aggregate 5.2 Automobile Lial�i�ity $500,000 each accidenf, combined single limit This coverage shall include all vehicles owned or non-owned that are operating Under Company's operating authority. 5.3 CargolOn�Hook $30,000 per unit Coverage shall include both the unit being to�ved and its contents. Units covere� shall include but not be limited to motor �ehicles, trailers an� boats. Coverage shall be written on a direct primary basis. 5.4 GARAG�K��P�R'S �IABILC�'Y $30,OQ0 per unit 5.5 Worker's CompensationlAccident Insurance Coverage shall meet the minimum requirements of siate faw as con- tained in the Motor Carrier Rules and Regulations. 5.fi Current insurance certificates shall remain on file with the City during the term of this Contract. Insurance coverage may, at the sole discretion of the City, be revised upward upon thirty (30} days prior written notic� to Company. Policies sY�afl be endorsed as foE�ows: Stand�rd V�3-ecEcer $ Page 5 of 12 a) The City, its offiicers, employees and servants shall be endarsed as an additional insured an all policies exce�� employer's liability insurar�ce 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 Drive, Fort Wor�l�, TX 76102, prior to any work being performed under this contract. c) Any failur� on part of the City to reques# required insurance documentation sY�all not constitute a waiver of the insurance requirements specified herein. d) Each insuranee policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, andlor material change in policy terms or coverage. A ten days nofice shall be aceeptable in the event of non-payment of premium, e) Insurers must be authorized to do business in the 5tate of Texas and have a current A.M. Best rating af A: VII or equivalent measure of financial strength and solver�cy. f} Deductible limits, or self-funded retention limits, on each policy must not exceed $1 D,DOa.00 �er occurrence unless otherwise a�proved by the City. g} Other than worker`s compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The Cifiy must approve in writing any alternative coverage. h} Workers' compensation insurance policy(s} covering employees shall be endorsed with a waiver of subrogation providing rights af recovery in favor of the C�ty. i) City shall not be responsible for the direct paymen# of irtsurance premium costs. j) Insurance policies shall each be endorsed to provide tha# such insurance is primary profection and any seif-funded or commercial coverage ma�ntained by City shal[ not be cailed upan to contribu�e to loss recovery. Standard Wreckcr G Page G of 12 k) Company shall report, in a time{y manner, ta City's officially designated contract administrator any lcnown loss occurrence which could give rise to a liability claim or laws�it or which could result in a praperty loss. I) Company's liabifity shall not be limited to the specified amounts of insurance required herein. m} Upon the request of City, Company shall provide complete copies of a[1 insurance policies required by these contract documents. 5.7 In the e�ent a state or federal law, rule or regulation pertaining ta wrecker service companies operating within the State af Texas exceed insurance requirements specified herein, such state or federal law, rule or regulation shall �revail for the r�spective type of insurance caverage andlar limit thereof. 6. DUTIES AND RESPONSIBILITI�S OF COMPANY Company, during the term of this contract, sriall �erFo�m tne following duties a�d have the following responsibilifies: a) Maintain as its primary business the towing of vehicles ar trailers by wreckers meeting the requirements of paragraphs 4{a) and 4(b) above. "Primary business° shall mean that Company receiv�s more than fifty per-cent (5a%) af it gross revenues from tne towing of vehic[�s and #railers. All of company's records shall be open to reasonable inspeetion, both at the time of execution of this agreement and at a�y time during the term hereof, to verify compliance with this condition. b) Maintain a currently licensed vehicle storage facility located within the corporate limifs of th� Cify. "Vehicle storage facility" shall mean a facility operated by a person licensed under Arficfe 66$7-9a, Re�ised Statu#es. c} Maintain business operafion twenty-four {24) hours a day, seven days per week. d) Respond to all calls confemplated by this contract within thirfy �30) minutes of notification, except in extraordinary situations where delay is caused by ice, snow ar oiher weafher re�ated conditions. In the e�ent Company fails to respond as req�ired, City may notify another wrecker company and Company Standard Wrecker 7 Page 7 of 12 shall noi be entitled to the compensation to which it would ha�e been entitled had it arrived fimely. e) Main�ain on file wifh the City the name of the owner, president or chi�f executive officer, 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} busit�ess days of any such change. f} Deliver the mofar vehic�e being towed to the focat�on within the corporate limits of City designated by the pokice afficer at the scene of the pulL Delivery shall be; made without delay or detour. g} Fully cooperate with any investigation conduct�d by the City ragarding camplaints against Compar�y, w�hefher or not such complaints arise out of services contemp{ated by th�s Contract. h) Shall not become de�inquent in the payment of any ta�es due to City. i} Sha![ not go to any accident scene unless t�e Campany has been called to the scene by the ow��r or operatar of a �el�icle ar an autharized representative of same, or by the City. j) Completaly remove a!l debris resu{ting from any accident to whieh the Company is resp�nding_ Removal of debris shall not be consider�d comp[ete by merely sw��ping it to the curbline. �c) Sha![ not solicit any wrecker business within the corporate limi#s of City at the sce�e of a wrecked or disabled vehicle, regardless of wY�ether the solicitation is for the purpose of solicitit�g the �usi�ess of towing, repairing, wrecking, storing, trading, or �urchasing the vehicle, I) Shall only employ dri�ers of tow #rucl�s authorized ta operate same. m) Provide the Police Pound personnel with an invoice at the time the vehicle is delivered ta the Auto Pound together with the signed wrecker selection forrr� to �e provided. 7. TERMINATION AND S�SPENSION 7. � This contract may be terminated or suspended by City for any of the following causes: Standard Wrecker g Pnge 8 of 12 a) Violation of any term andlor condition specifi�d in this contract. b) Failure to notify fhe Communicatians Di�ision of the Police Deparkmenf within fifteen (i5) minutes fram the time ofi notification if the Com�any wil! �e unable to respond within the thirty (30) minutes allotted for a response fo a caf] for wrecker service. c) Permitting a tow truck to be operated by anyone while under th� influence of alcohol andlor drugs. d) Permitting a tow truck to be operated by anyane whose operator's ficens� is suspended. �) Transferring or assigning any call for sarvice to any ofher company f} Any sustained complaint of theft by personnel of Company while acting in their capacity as employees of Company, whefher occurring during a police pull or otherwise. g) Any sustained complaint of threats made by parsonnel of the Company while acting in their capacity as employees of Campany made against third parties during a police pull or otherwise. hj Fai�ing to com��y with all direct�ons of police personnel at the scene of a police pulf or civilian employee at the Police Pound. Company may request a�olice supervisor to validate any such direction given. i) Five (5) passes within a thirty (30) day p�riad. P�ss in this paragraph shalf mean Com�any failing to notify the City of its inabi�ity to respond to a request for service as required by paragraph 2 above, j) Ten (10) passes wifhin a thirty (30) day periad. Pass in this paragraph sha�I m�an a Company notifying fihe City of its inability to respond to a request for service as require� by paragraph 2 above. k) Violation of at�y ru[e or regulation confained in Exhibit "A" attached hereto. !) Failure to com�fy with any state or federal law or city ardinance related to the operation of a wrecker company. 7.2 City shall notify Company in writing of its intent to terminate or suspend #or cause twenty (20) days priar to such suspension or terminatior�. Company shall have the right to request a hearing before the Chief of Police or his designe� Standard Wrecker g Page 9 o£ I2 regarding the int�nt to terminate or suspend for cause by requesting a hearing in writing within five {5} busin�ss days after receipt of notice of intent to terminate or suspend. A hearing shal� be conducted within fifteen (15} days of the request for hearing. The City, in its sale discretian, may temporarify sus�end this contract during any appeals pracess. 7.3 In the event this contract is suspended far cause, the suspension sf�afl be for a period of time of nof less than six {6} manths nar more than tw�l�e {12) months. 7.4 In the event City s�spends or terminates this con�ract for cause, and the cause for such suspension or terminafion is determined to be in�a�id, Company's sole remedy shall be reinstatement of this contract. Company expressly waives any and a1l righfs to monetary damages, including but not limited to actual and punitive damages, court costs and attorney's fees. 8. INDEMNIFICATION With regard to any liabilify wf�ich might arise hereunder, City and Company agree that they shall be solely and exclusively liable for fhe negligence of its own agents, servants, subcontractors ar�d employees and that neither party shall look to the other party fio save or hold it harm[ess fvr the consequences of any negEigence on the part of one of its own agent, servani, subcontractor ar employee. Nothing contained herein shall he construed to be a waiver by City of any right of pratectiion that it enjoys under appEicabfe State or Federal law. � ASS{GNMENT Company shall no� assign, transfer or sub[et this Contracf ar any portion hereof to any party without the prior written consent of City that shall not be unreasonably withheld. Any suc� assignment, transfer or subletting of ti�is Confract without the consent of the City shall be voi� and st�all operate as a termination hereof. Sta�adard Wrecker 1 Q Page l0 of l2 �o. ZONES AND ROTATION LIST 10.1 City shall di�ide th� city into four (4) zones #hat shall correspond to ihe four {4} patrol divisions. Company shall be assigned to the zone or an adjacent zone in which it maintains its principal place of business. 10.2 City shall create a rafation list within each of the four (4) zones that wi�l dictate the order in which wrecker companies are contact�d. 10.3 City may request Company to conduct a police pull within any zone, and Company agrees to use its best efforts to arrive at the scene of the police tow wifhin thirty (3Q) minutes. 11. INDEPE�IDENT CONTRACT�R It is understood and agreed by the parties h�reto that Company shall perform ali work and services hereunder as an independent contractor, and not as an offic�;r, agent, servanf or employee of the City. Company shall ha�e exclusive control of and the exclusive right to control the details ofi the work or service �o be performed hereunder, and all persons performing same on behalf of Company, and sha[1 be solely responsible for th� acts and omissions of its officers, agents, servants, employees, contractors, subcantractors, licensee� and invi�ees. The doctrine of respondeat superior sha�l not apply as between the City and Company, jts officers, agents, servants, emp[oyees, contractors and subcontractors; and nothing herein shalf be canstrued as creating a partnership or joint venture betwee� the parties hereto. Standard Wrecker 11 Page I 1 nf 12 m ln witness whereof, the parties hereto have executed this Contract on the ����` day of , 20�a `� � ATTEST: CiT)('�' FORT V�CC,�B,TH � ���� _ �Y: � ��`Glo a Pearson � ' - Libby �atson C;ity Secretary Assistant City Manager APPROVED AS TO FORM AND LEGAL{TY �_ Assistant ity Attorney ATTEST: Corporate Secre�ary C' 1 .� � - �� � , � �� �':an�ract Autha�rization �� � ' � � � � � - --� . ��ate Kevin Ballard Enterorise Inc. dba Ballar� Service Center dba Ballard Wrecker Service (Company Name B . f Kevin Ballard, President Standard Wrecker 1 2 I'a�e l2 oP I2 � � � . . �����ti�� � -� I � �. - , _ ����.� � � ���� ���� '�"��e �o�l�wFr�g ra�l�s �Y�d re����tio�s v�v�1i be %oQyovved i�y t��.� °V5'r�cker Co�panfes upon arrival �t tl�e Auto Pound. L Tlie entr� gate wi11 not 1�e blociced by wrecicers waiting to ezlter ar exit the Auto pOLl11C�. 2. No wrecicer shall entez the Atrto Pouild with �x�ore t�lan oiie (1} persoi�/o�erator, unless autliozized by the on duty sluft supervisor. This will be done on a case by case basis. 3. For sa�`ety reasoils, a Car Cai7�er will be required to off load tlieir cargo when possible. This sl�all be detennined by �lie on duty sL2peivisor. 4. T�lventorzes sliould be haildled in a�� expeditiolts inanner whei� possil�le. However, AuYo Pollnd persoilnel a�e requi�ed to do a carnplete and precise iilventory of all pro�erty and vel�icles. A specific iinie fia3ne would Ue impossible to instihtte. 5. No wrecicer driver/operator will assist �ritla a�zy iilventory be�i.ng conducied by Auto Pa�.u�d �ersomzel. . 6. The use of Car Caa��ers, e�tra time, extra eqtupznent, etc., s11a11 b� subject to ap�roval Uy �lxe Wrecker Achninistrator ar Auto Pol�nd Su�ervisor, 7. Wrecicer drivers/operators/owners shali be rec�uued to follow airy directiaz�s or uist�uctiolis git�e�� i�y Auto Potuld persol�iel. 8. Wrecicer Com�a��y Qwz�ers shall assisi aizd camply witll aziy in��stigation performed by Attto Pound personnel ar �l�:e Fort Worth Police Departinent in regarc�s to their company, dz�ver, operator and or busiu�.ess without hesitation. 9. Vialafiians of any of tlle aUove L-�zles shall be s�,�bjec# ta review by the Wrecker Adininistratox ar At�to Poui�d S�ipervisor. The Auto PO1111(� S�U�7�1v150F ar a lugher levei of colrunand �Zay deten�nine discipliilary actian up to and includilzg tennix�afiioi� of coiltract. C'ity o,�.�ort WoYtli, T'exas _ ���r a�d �����y[ ���r���������� DATE REF�RENCE NlJMBER LOG NAME PAG� 418103 �4� ���� 35TOWS 1 of 2 sue.��cT SUPPLEMENTA� APPROPRIATI�N ORDINANCE AND CONTRACTS FOR N�N- C�NSENT T�WING OF WRECKED OR ABAN�ONED VEHICLES �ROM MULTiPLE VENDORS REQUfRED BY C�TY ORDfNANCE FOR THE POLICE DEPARTMENT RECOMMENDATlON: It is recommended that the City Counc�l: Au#harize cont�acts for Police De�artment requeste� non-cons�nt towing of wrecked or abandane�d �eF�icles from multiple vendors as required by Section 34181 ot the Code of the City af Fort Warth (1986), as amended; and 2. Authorize t�e contracfs ta begin April 8, 2Qq3, ar�d expire September 30, 2003, with opiions to renew for four additionai or�e-year periods; and 3. Adopt the attached supplemental appropriation ordinance increasing estimated receipts anci appropriations by $446,944 in tf�e Genera! Fund fram availa�le funds. � D15CUS5lON: S�ctiar� 34-181 af the Code of the City of Fort Warth (9 986), as amended, required thaf all pofice department, non-consent tQws, shall be undertaken pursuant ta cantfact, sp�ci#icalEy �xecu#ed betw��n the Ciiy and a wrecker campany. The P�blic Safety Committee extensively reviewed the new rates and unanimously approved this recomm�ndatian on March 25, 2�D3. There are three types.of contracts and rates as foilows: o Standard fiow trucks $10Q � Tilt be�/rollback tow trucks $125 � Tan�em taw trucks $18D Contracts will be execu#ed wi�h any ver�dor desiring fio perform nan-cansent tows for the Police Depa�tment, if they meet the contract requirements such as tawing operatians being the vendors primary business, equipment speci�cations, ir�surance, and a locally iicensed sfo�age facility. The fees for services to be provided and assignm�nt to one of four zones are the same as contained by C4tj1 COdB. TIIE estimated expenditure fior these services is $1.8 millian per year including the anticipated increase (of $446,944} �or the remainder o� the fiscal year based on the reuised rates. This increase will be offset by revenue coliected as fees. RENEWAL OPTIONS - These cantracts may be renewed for up to four successi�e one-year terms at the City's aption. This action daes not require specific City Council approval pro�ided the City Counci{ City of'�'o�� �orth, Texas ���� �it� ��[�11��1 ���i1�1u�1������ DATE REFERENCE NUMBER LOG NAME PAG� ' 418103 C-19544 , 35TOW5 2 of 2 ����E�� SUPP€.EMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON- CONSENT TOWING QF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE VENDORS REQUfRED BY CiTY ORDENANCE FOR THE PO�ICE DEPARTMENT has appropriated sufficient funds to satisfy the City's obligation during the renewal term. J F'ISCAL INFORMATlONICERT[FICATION: The Fi�ance Directar certifies that upon approval and completion of tF�e abo�e recommendatians and the acfop#ion of the attached supplemental appropriation ordir�ance, func�s will be available i� #he curr�n# operating budget, as appropriated, of the Ger�eral Fund. LW: r I� Submit#ed for Cify MBnager's Office by: I FUND � ACCOUNT � CENTER � (ta) � GGD1 539120 0353403 61$3 GG01 462624 b353�4Q3 I AlVIOi]NT CIT1' SECI2�TA,R1' Libby Watson Originaiing Department Hesd: Ralph Mendoza Additianal IRformation Contact: 5usan Alanis 48386 (from) � GG01 539120 0353403 � 78262 I $44B,944.00 $44fi,944.00 APPROVED 04/08/03 $�L46,9A�4.00 ORi].# 15517