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T �� C�I f Y ��C��iP�RY
CC�N�fRAC� t� . ���.
CONTRACT F4R T4W TRIJCK SERVICE
(STANDARD SERVICE)
WHEREAS, the City of �ort Worth occasionally requires fhe services of
tow trucks; and
WHEREAS, such tow truck services ar� necessary to protect the safety of
the citizens of the City of Fort Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City of Fort Worth, hereinafter referred to as "Cify", acting herein �y
and through Libby Watsor�, its duly autharized Assi�tant City Manager, and
PurrFecf Towinq & Storaae, hereinafter referrec! to as "Company", acting herein
by and t�ro�gh Henry Tiierina, its �uly authorized Owner, agree as follows:
1.
SERVICES
City hereby contracts with Company to provide police �ull towing s�rvice.
As used herein, "police pull" shall mean that t1�e Fort Worih Police Depar�ment
has called Company fram the rotation fist to either remove a wrecked or disabled
vehicle or to remove a vehicle in a safe driving con�ifion, but the owner is not
preser�t, able or permitted to drive ar to make au#horizations.
2.
��G ir
The initial term of this contract shalf �x�ire on 5e�tember 30, 2Q03. ln
addition to the initial t�rm of this contract, there shall be four options to renew for
terms of one y�ar each, unless earlier terminated as her�inafter prav�ded.
Renewal shall occur upon City includi�g in its budget for tF�e aptions years
sufficient funds to pay for its obligations h�reund�r and Company providing proof
of insurance to City.
3.
COMPENSATION
3.1 Compensatian. As compensation for provid�ng the services
contemplated by this Contract, City agrees to pay Company as fofl :- - -- �
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a) TQwacte. A charge af One hundred Dollars ($100.00) for towing suci� vehicle
from one �oint on a street ta another location within the corporate limits of the
city as directed by the police department at the place where the tow
originated; such charge includes ane-half hour of extra wor�C.
b) Second tow truck. In the event the police officer at the scene determines
that a second tow fruck is required, a charge af One hundred dollars
{$100.00} per haur, with a minimum charge of one haur, billed in increments
of fifteen (15} minutes while at the scene of tY�e police pull. A police
supervisor shall approve the use of a second tow trucl�. Travel t�me is
�xcluded.
c} Extra work. An additianal charge of one hundred dollars ($100.00} per
hour, with a minimum charge of one hour, charged in increments flf fifteen
(15} minut�s, for remaving vehicles that are off the street right-of-way, such
charg� to be made from the time the operator begins to remove the vehicle
until it is on the tra�ele� portion of the street. Even though the vehic�e is
within the street right-of-way, a� addifional charge may E�e made if ihe vehicle
is located in some unusual condition within the right-of-way, such as, but not
limit�d to, a river or a creek bed or a ditch of greater depfh than the or�inary
bar ditch. Extra wark shall anly be allowed when authorized by a police officer
at the scen� of the pull. The charges for such extra work shall be reviewed
and approv�d by the Autn Pound Wrecker Administrator. Extra worCc
excludes travel time, waiting time and clean-up time.
d) Use of a dallv. No additional fe� shall be charged for the use of a dolly.
e) Handlinq �azardous materials. When the cargo of any motor vehicle or
trailer inciudes explosive, nuclear, radioactive, hazardous or corrosive
materials, as defined by the Enviranmental Pratection Agency, Texas
Deparfinent of Transpartation, or the Texas Commission on Environmenfal
Quality, a fee equal to one hundred-fifty (150) percent of tne charges w�ich
may be assessed pursuant to subparagraph "a" above. In addition, a charge
may be made for expenses incurred relafed to protective clothing and any
5t.sndac�d Wrccl<cr �
Page 2 nf lz
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qther supplies or equipment used in handling such materials, such charge
being equal to the actual amounts in�urred plus fifteen (� 5) percent.
f) Nothing contained herein shall be construed so as to obligate Ci�y to expend
any sums of money. Further, nothing contained herein sha�l be construed so
as to guarantee to Company that Cify will contact Company for any towing
s�rvices conternplated by this Contract,
3.2 Invoici�q and Pavment. Com�any shall Invoice City once per month.
Company shail ir�clude with the invoice such documents as may be reasonably
requeste� to pravide evidence of the services provided to the City, which at a
minimUm shall include copies of the wrecker selection form signed by the officer
at the scene of the police pull andlor personnel at the Fort Worth Auto Pound.
Such invoice sha11 be subject to the review and approval of appropriate City
personnel. City shall remit payment ta Company not more than thirty (30) days
fallawing approva! of invoice.
3.3 Compensation Re�iew. City shall r��iew an an annual basis the
com�ensation provided for hereunder, wifh the first such revi�w to be conducted
during ihe month of August 2003. Similar reviews shall occur in August of each
succeeding year that this contract is in effect. City shall make adjustments in the
campensatiart based upon increases or decreas�s in the cast af doing business,
taking into cansideration fuel, insurance, labor, and such other costs as may be
relevant to the operation of a towing business.
4.
VEHICLE AND EQUIPMENT REQUlREMENTS
Company shall maintain at all times the following vehicles and equipment
in wor4ci�g condition:
a) A minimum of two (2) wreckers, one of wnich shall be not less than 14,Q00
�ounds gross vehicle weight and ane of which shall be r�ot less than 10,000
pounds gross vehicle weight, dual rear wheels, eq�ipped with a hy�raulic
operated winch, winch lines, and a baom rated at not I�ss than 8,000 pound
lift capacity and a wheel lift device rated at not less than 2,500 pounds.
s���,da:•d wr�ck��• 3
I��ge 3 nf l2
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b) At a minimum, all wreckers shall be equipped with the following equipment,
which at all times shall be maintained in working order:
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2)
3)
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5)
6)
7)
8)
9)
10)
11)
12)
13}
�4)
Tow bar
Tawin� I�gh�ts
Emergency averhead warning lights (r�d or am�er color only)
Safety cF�ain
Fire extinguisher, A.B.C. Type
Wrecking bar
Broom
Ax
Shovel
Reffectors or traffic cones
Trash container
Two way voice or computer cammunication between tow truck
and Company dispatcher
Backing warning signal
Wheel choc4cs
c} Each wrecker shall have the identifying markings required by the Texas
Transportation Code, section 642.OQ2. In addit�on, each wrecker shafl provide
Natice of Complaint Procedures to the owner of a towed vehicle as outlined by
the Texas Department of Transportation Ru{es and Regulations as contained in
43 Texas Administrative Code, Chapter 18, subchapter 18.89, as same may be
amended from time to time.
d) Each tow truck and the required equipment shall be inspected �y th�
Chief of Police or his authorized designee prior to being used for SENICP.S
contemplated by this contract. In addition, each tow truck and the requir�d
equipment shall be subject to mtermittent inspection to assure compliance with
this contract.
Slandard Wreclter G�
I�age 4 af I 2
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INSURANCE REQUIREMENTS
Gompany shall maintain insurance from insurers acee}�fable fo City of th�
following types and amaunts:
5.1 Commercial General Liability
$500,0�0 each occurrence
$500,000 aggregate
��
Garage Liability
$5QQ,000 each accidenf, other than auto
$500,000 aggregate
5.2 Automobile Liability
$50Q,OOQ each accident, combined single limit
Thjs coverage shall include a!I vehicles owned or non-owned that are
operating under Company's opera�ing authority.
5.3 CargolOnnHook
$30,OOQ per unit
Coverage shal! include �oth the unit being towed and its cont�nts.
lJnits covered shall inclUde but not be limifed to motor vehicles,
trailers and boats. Coverage shall be written on a direct primary
basis.
5.4 GARAGEKEEPER'S LIABILITY
$30,004 per unit
5.5 Worker'� CompensationlAccident Insurance
Coverage shall meet the minimum requirements af state law as con-
tained in the Motor Carrier Rules and Regulatio�s.
5.6 Current insurance certificates si�all remain on file with the City during the
term of this Cantract. lnsurance coverage may, at the sole discretion of the City,
be revised upward upo� thirty {3Q) days prior written notice to Company. Policies
shall be endorsed as follows:
5lanclard Weecl<er S
I'nge 5 of 12
k} Company shall repark, in a timely manner, to City's officially designated
contract administrator any l�nown loss occurrence which could give rise to a
liability claim or lawsuit or which could result in a property loss.
I} Company`s lia�ility shall not be limited to the specified amounts of
insurance requir�d herein.
m} Upon the request of City, Company shall pravide complete co�i�s of all
insurance policies required by these coniract documents.
5.7 In the e�ent a state or federal law, rule or regulation pertaining to wreck�r
servic� companies operating within th� State of Texas exceed insurance
r�quir�ments specified herein, such stafe or federal law, rule or regulation shall
prevail for the respective type of insurance coverage andlor lim�t thereof.
6,
DUTIES AND RESPONSIBILITiES �F COMPANY
Company, during th� term of this contract, shall p�rForm the following duties
and have the folfowing responsibilities:
a) Maintain as its primary business the towing of vehici�s or trailers by
wreckers meeting the requirements of paragraphs 4(a) and 4(b) above.
"Primary business" shali mean that Company receives more than fifty per-cent
(50%} of it gross revenues from the towin� of vehicles and trailers. All of
company's recards shall be open to reasor�able inspection, botn at the tim� of
execution of th�s agreement and at any time during the term hereof, to verify
compliance with this conditior�.
b) Maintain a currently licensed vehicle storage facility located within the
corporate limits of the City, "Vehicle storag� facility" shall mean a facility
operated by a person lic�nsed under Article 6687-9a, Revise� Statutes.
c} Maintain business operation twenty-four (24) hours a day, seven days per
week.
d) Respond ta all calls contemplated by this contract within thirky (30} minutes
of notification, except in extraordinary situatians where delay is caused by ice,
snow or other weather related conditions. In the event Company fails to
respond as required, City may notify another wrecker company and Company
5tandard Wrecker 7
Fage7ofl2
shall not be entitled to the comp�nsation to which it would have been entitl�d
had it arrived timely.
e) Maintain on file with th� City the name of fhe owner, president or chiefi
executi�e officer, business address, and telephone number; furtner, Compar�y
shall natify the City of any change of ownership, president or chief exec�tive
officer, or change of address within five (5) business days of any such change.
f) Del�ver the motor vehicle being towed ta the location within the corporate
limifs of City designated by the police officer at th� scene of the pull. Delivery
shall be made wi�hout �elay ar detour.
g) Fully cooperate with any investigation conduct�d by the City regarding
complaints against Company, whether or nat such compfaints arise out of
services cantemplated by this Cantract.
h) Shall nat become delinquent in the paymen# of any taxes due to City.
i) S�all not go ta �ny accident scen� unless the Company has been called ta
the scene by the owner or operator of a vehicle or an authorized representati�e
of same, ar by the City.
j) Completely remove all debris resulting from any accident to which the
Company is responding. Remaval of debris shall not be considered complete
by merely swe�ping it to tne curbline.
k} Shall not solicit any wrecker business within the corparate fimits of City at
th� scene of a wrecked ar disabled vehicle, rega�dless of whether fhe
solicita�ion is for the purpose of soliciting the business of tawing, repairing,
wrecking, storing, trading, or purchasing the vehicle.
I} Shall only employ drivers of tow trucks authorized to operate same.
m) Provide the Palice Pound persannel v�ri�h an invoice at the time the vehicle
is delivered to fhe Auto Pound together witi� the signe� wrecker selectian form
to be provided.
7.
T�RMINATION AND SUSPENSION
7.1 This contract may be terminated or suspended by Cify fior a�y of the
following causes;
5tandard Wrccl<cr $
I'age 3 of I 2
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a} Violation of any term andlor condition specified in this contract.
b) �ailure to notify the Communicativns Division of the Police Department
within fifteen {15} minutes from the time of nofification if the Company will
be unable to respond within the thirty (30} minut�s allatted far a response to
a cafl far wrecker service.
c) Permitting a tow fruck to be aperated by anyone while under the influence
of alcohol andlor drugs.
d) Permitting a tow fruck to be operated by anyone whose operatar's license is
suspended.
e) Transferring or assigning any call for service to any other company
fi) Any sustained camplaint of thef� by personnel of Company whi[e acting in
their capacity as employ��s of Company, whether occurring duri�g a pofice
pull or otherwise.
g} Any sustained com�laint of threats made �y personnel of fhe Com�any
while act�ng in their capacity as �mployees of Campany made against third
parties during a police pult or otherwise.
h} Failing to comp�y with afl directions of police personn�l at the scene of a
police pull or civifian �mp�oyee at the Police Pound. Company may request
a pofice supervisor to validate any such direction given.
i) Five (5} passes within a thirty (30) day period. Pass in this �aragraph shall
mean Company faifing to notify the City of its inability to respand to a
request for service as required by paragraph 2 above.
�) Ten (10} passes within a thirty {30) day periad. Pass in this paragraph shall
mean a Company notifying the City of its inabifity to respon� to a request far
service as required by paragraph 2 above.
k} Violation of any �ule or regulation contained in Exhibit "A" attached hereto.
I) Failure to comply with any state flr �ederal law or city ordinance related to
the operation of a wrecker company.
7.2 City shall notify Campany in writing of its intent fo terminat� or suspend for
cause twenty (20) days prior to such suspension or termination. Company shall
have the right to request a hearing befare the Chief of Police ar his designe�
Siancl�rd Wreel<er C�
Page 9 oi' 12
regarding the inient to t�rminate or suspend for cause by requestin� a hearing in
writing within five (5) business �ays after receipt of notice of intent ta terminate or
suspend. A hearing shall be conducted within fifte�n (15) days of the regu�st for
hearin�. The City, in i�s sole discretion, may temporarily suspend this contract
during any appeals process.
7.3 In the event this contract is suspended for cause, the suspension shall be
for a period of time of not less than six (6) months nor mare tE�an #welve (12)
months.
7.4 In the event City suspends or terminates this contract far cause, and iY�e
cause for such suspension or termination is determined to be invafi�, Company's
sole remedy shafl be reinstat�ment of this contract. Company expressly waives
any and all rights to monetary damages, including but nat limited to actual and
punitive damages, court costs and attarney"s fe�s.
8.
INDEMNIFICATION
With r�gard fa any liability which might arise hereunder, City and Company
agr�e that they shall be saEely and exclusively liable for the negligence af its flwn
agents, servants, subcontractors and em�layees and that neither party shall look
to the other party to save or hold it harmless for the consequ�nces of any
negligence on the pari af one of its own agent, s�rvant, subcontractor or
employee. Nothing contained herein shall be construed to be a waiver by City of
any right of pratection that it enjoys under applicable State or ��;deral law.
9.
ASSIGNMENT
Company shall nat assign, transfer or sublet this Contract or any portion
hereof to any parky withaut th� prior written consent of City that shall not be
unreasonably withheld. Any such assignment, transfer or subletting of this
Cantract withaut the consent af the City shall be void and shall operate as a
termination hereof.
Standard Wrecker 1�
P�ge l0 nf 12
In witness w ereof, the parties hereto have executed #his Contract on the I���
day of , 20�. �
ATTEST: CITY aF�FnRT WOR�H
_ i �� � ,�� ` 'Fr ���
Glo a Pearson -- � -- —... �
City Secretary �on�rac� Au�h,orixatfon
... '=---�: � ; � �= ti �`-� -
:7at�?
APPR�VED AS TO FORM
AND LEGALITY
Assisfan� City Attarney
ATTEST:
Corporate Secretary
r,
(
By: _ _
�.�by W�t�an
Assistant City Manager
Purrfect Towina & Staraqe
(Campany Name)
By: ,� ru+,..�-...�
Hen Ti'er��r-esident
1 y
, _
I � ��y'Y:����' � �
� r .
=SO�L
Standard Wrecker 12
Page i 2 of 12
EX�II�I'�' �
.�rTT� POYJNI�
Tl�e followi�ag rules and regul�ttia��s vvill be followed by ALL Wrecker Compnnies
upon a�•riva� �t ihe Aiito Pound.
1. The entry gate will not Ue Ulociced Uy wreckez-s waitii�g Ya az7ter or exit ihe Allto
PauiYd.
2. No wrecicer shali enter the Auto Pound with mo�-e tIlan one (1) persoi�loperator,
t�nless aukllorized by the oii d�lty sllift supervisor. This will be done az� a case by
case U�sis.
3. Foc safe[y reasons, a Car Canier will be required to off load their cargo wl�en
possible. This shall be deiermi�zed by the on duty supervisor.
4. In�entories sl�ould be handled in an expeditious maiuier when possible. Hnwever,
A�ito Po�.u1d persoaulel are rec�uireci ta do a co�plele and preczse inventory of all
property and velzicles. A specific time frauie would Ue impossible to institute.
5. No wrecicer driver/aperator will assist wilh any inve�itary being conducted Uy
Auta Potuld �crsonnel.
6, The Use of Car Cai7�iers, extra tiine, ext�•a equipinent, etc., s11all be s�ibject ta
�pproval Uy the Wrecicei- Adinii�istrator or A�ito Pound Supervisor.
'1. Wrecic�r drivers/o�erators/owne�-s s1-►�11 i�e r�t��.iired to follow any directior�s or
ii�skr�ictioi�� give�� l�y Auto Pound persomlel.
S. Wrecicet- Compa��y Owners s11a11 assist a�ad co���ply with auy investigation
perfaa7ned by Auto Poui�d persozulel or tlie Fort Worth Police Department iiz
regards to k��eir coinpany, driver, ope�-ator and or business without hesitatio�i.
9. Violations of any of ihe abnve rules s11a11 be subject lo review by tlle Wrecl�er
Adinu�istrator or Aitto Pouzld Supervisnr.
The Auta Pound Supervisor or a higher level of co���mand inay detei7ziine
disciplinary actian up to and ii�cll�ding tetniination of co�itract.
C`ity of �ort l�ortli, T'exas
ay�� ��� ����rc�l ���r�c�r��������
C�AT� REFER�NCE NUMB�'R LOG NAME
418I03 Cd19�4�
35TOW5
PAG �
� of 2
sus.�ECT SUPPLEMENTAL APPROPRIATION ORDINANGE AND CONTRACTS FOR NON-
CONSENT TOWING OF WRECKED OR ABANDQNED VEHICLES FROM MULTIPLE
VENDORS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT
RECOMMENDATION:
If is recommended that the Ci#y Courtcil:
1. Authorize contracts for Police Department requested no�-cor�sent tawing af wrecl�ed or abandoned
�ehicles from muitiple vendors as required by Section 34-181 of the Code of the City of Fort Worth
(1986), as amended; and
2. Authorize the contracts to begin April 8, 2003, and expire 5eptember 3�, 2003, with options to
renew for faur additional one-year periods; and
3. Adopt fihe attache� supplementaE appropriation ordinance increasing estimated receipts ar�d
appropriations by $446,944 in the General Fur�d from a►�ailable funds.
D15CUSSION:
Section 34-181 of the Code flf the City of Fort Worth (1986), as amended, required that all police
department, non-conseni tows, shail be undertaken pursuant to contract, specifically executed between
the City and a wrec[cer company. The Public Safety Committee extensiu�ly r��i�w�d the new rates and
unanimously approved this recammendation on March 25, 2003.
There are three types af contracts and rates as follows:
� Standard tow trucks
� Tilt bedlralfback tow trucks
� Tandem fow trucks
$10�
$125
$�80
Confracts will be executed with any �endor desiring to perForm non-consent tows for the Police
Departmenf, if they meet fhe contract requirements such as tflwing operatiflns being the ven�ors
�rimary business, equipment specificafions, insurance, and a locaily licensed storage facility.
The fees for services to be prouided and assignment to o�e of four zanes are th� same as contained by
City Code. The estimated expenditure for these services is $1.8 milEior� per year incEudir�g the
antEcipated increase (af $44fi,944) for the r�mainder af the fiscal year based or� the re�ised rates. This
incrsase will be offset by reven�e callected as fees.
RENEWAL OPTIONS - These contracts may be renewed for up to four successive one-year terms at
the City's aption. This action do�s not require specific City Council appro�al pro�ided the City Cauncil
C'ity of ' �'o�t Wort1�F 7'exas
���r� ��t� �.�u�r�c;Q ��m�n�����t���
DATE REFERENC� NL{MBER LOG NAME PAGE
4/8103 �o� g�44 35TOWS 2 of 2
SUBJECT SUPPLEMENTAL APPROPRIATION ORDfNANCE AND CQNTRACTS �OR NON-
CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MUL.TIPLE
VEND�RS REQUIRED BY C1TY ORDINANCE FOR THE POLICE DEPARTMENT
has apprapriated sufficient funds to satisfy fhe City's obligation during the renewal t�rm.
F{SCAL INFORMATION/CERTIFICATION:
The Finance Director certifiEs #hat upon approval and completian of the above recommendations. and
the adop�ion of the aftached su�plemental apprapriation ordinance, funds will be a�ailable in the current
operating budget, as appropriated, of the General Fund.
LW:r
Submitted for Cify Manager's
Oftice by:
Lib6y Watson
Originating Department Head:
Ra[ph Mendoza
Additienal Information Contac�:
Susan A3anis
I FU1�D I ACCOUIVT I
� {to}
� GG01 539120
6183 GG01 462624
�
48386 I (fram)
GG01 539120
�
78262 I
CENTER I AMOUI�T
0353403 $446,944A0
0353403 $446,9�14.00
0353403 $�#46,944.0�
CITY SECRETARY
APPROVBD OA/08/03
ORD,# 15517