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HomeMy WebLinkAboutContract 28621� ,, , C�iY S��R�`CRRv � 0 � ! CO�TRAGi fVp . CONTRACT F�R TOW TRUCK SERVECE (STANDARD SERVIGE} WHEREAS, the City of Fort Worth occasionally re�uires tE�e services of tow trucks; and � WHEREAS, such tow truck services are necessary to protec# the safety of the citizens of ihe City of Fort Worth, NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City of Fort Worth, hereinafter referred to as "City", acting 1�erein by and through Libby Waison, its duly authorized Assistant City Manager, and Maddux Towina, lnc., hereinafter referred to as "Company", acting herein by and through Mazin 5halabi, its duly aUthorized President, agree as follows: 1. SERVICES City her�by contracfs with Company to pro�ide police pull towir�g service. As used herein, "police pull" shall mean thai the Fort Worth Pol�ce Department has called Company from the rotation fist to either remove a wrecked or disabled vehicle or to remo�e a vehicle in a safe driving condition, �ut the owner is not present, able or permitted to drive or to make authorizations. 2. TERM The [nitiaf term of this contract shall expire on September 30, 2003. In a�dition to the initial �erm af this contract, there shall be fo�r options to renew for terms of one year each, unless earlier terminated as hereinafter pro�ided. Renewal shall occur upon City inc[uding in its budget fior the options years sutficient funds to pay for its obligations hereunder and Company providing proof of insurance to Gity. 3, C�MPENSATI4N 3.1 Compensation. As compensaiion for providing the services contemplated by this Contract, City agr�es fo pay Company as follows: �%)����i� , �� b � r� a p � $�' ������1�D' �, ��� �'����, ���. a) Towaqe. A charge of One hundred Dollars ($10Q,Q0) for towing st�ch vehicle �rom one point on a street to another locatian within the carparate limits af the cify as directed by the police department at the place where the tow originafed; such charge includes one-half hour of extra work. b) Second tow truc�C. In fhe event the police officer at the scene defermines that a second tow truck is required, a charge of One hundred dollars ($100.D0) per hour, with a minimum charge of one hour, billed in increments af fiftesn (15) minutes while at the scene af ft�e palice pufl. A police supervisar shall apprave the use af a second tow truck. Travel time is excluded. c) Extra work. An additional charge of one hundred dollars ($100.00) per hour, with a minimum charge of one nour, charged in increm�:nts of fifteen (15} minutes, for removir�g vehicles that are off the street right-of-way, such char�e to be made from the time the operator begins to remove the �ehicle until it is on fhe tra�eled portion af the street. Even though the ve�icle is within the street right-ofi-way, an additional charge may be made if fhe vehicle is located in some unusual con�ition within the right-of-way, such as, but not IEmited to, a river or a creek bed or a ditch of greater depth than ti�e ordinary bar ditch. Extra work sha�l only be allowed when authorized by a police officer at the scene of the pul�. The charges for such extra worK shall be reviewed and ap�roved �y fhe Auto Pou�d Wrecker Administrator. Extra work excludes travel time, waiting time and clean-up time. d) Use of a�ollv. No additianal fee shall be charged far ��e use of a dolly. e) Handlinq hazardous materials. When the cargo of any motor vehicle or trailer ir�cludes explosive, nucl�ar, radioactive, hazardous or corrosive materials, as defined by the Environmental Protectinr� Agency, Texas De�artmenf of Transportation, or the Texas Commission on En�ironmental Quality, a fee equa! to one hundred-tifty (150} percenf of the charges which may be assessed �ursuant fo subparagraph "a" above. In addition, a charge may be made for expenses incurred related to protscfive clothing and any Stauda3-d Wrecker 2 Page 2 oY' l2 � other supplies or equipment used in handling such materia[s, such charge being equal to the actual amounts inc�rred plus fifteen (15) percent. f) Nothing contained herein shall be construed so as to obligate City to expend any sums of money, Fur��ter, r�ofhing contained herein shal{ be construed so as to guarantee to Company tnai City will contact Company for any towing services contemplated by this Contract. 3.2 lnvoicinc� an� Pavment. Company shall lnvoice Ci�y once p�r month. Company shall include with the invoice such docum�nts as may ba reasonably requested to provide evidence o� the services provided to �he City, which at a minimum shall incl�ade copies of the wrecEcer selection form signed by th� affic�r at the scene of the police pu{I andlor personnel at the Fort Worth Auto Pound. 5uch invoice shall be subject to the review an� approval of appropriate City personnel. City shall remit payment to Company not more than thiriy (30} days following a�proval of invoice. 3.3 Compensafian Review. City sF�all r�view on an annua[ basis the compensation pro�ided for hereunder, with the first such review to ba conducted during the month of August 2003. Similar reviews shall occur in August of eacn succeeding y�ar tha# ti�is cantract is in effect. City shall ma�Ce adjustmenfs in the compensation based upon incr�ases or decreases in the cost of doing business, �aking into cansideration fuel, insurance, labor, and such other casts as may be rele�ant to the operation of a towing business. 4, VEHICLE AND EQUIPMENT REQUIREMENTS Campany shall maintain at al[ times the following vehicles and equipment in working condiiion: a) A minimum of two (2} wreckers, one of which st�all be not less than 1�,OOQ pounds gross vehicle weight and one of which shall be not less than 10,000 pounds gross vehicle weight, dual rear wheels, equip�ed with a hydraulic operated winch, wincY� lines, and a boam rated at not less than 8,Oa0 pound lift capacity and a wheel lift d�vice rated at not less tF�an 2,540 pounds. 5tandard Wrecicer Page 3 of l2 3 b) Af a minimum, all wreckers shall be equip�ed with the following equipment, which at all times shall be maintain�d in woricing order: 1) 2) 3} 4) 5} 6) 7) 8) 9} 10) �1) 12) 13) �4) Tow �ar Towing lights Emergency overhead warning lights (red or amber color only} Safety cha�n Fire extinguisher, A.B.C. Type Wrecking bar Broom Ax Shovel Reflectors or fraffic cones Trash container Two way voice or computer communication between �ow truck and Company dispatcher Backing waming si�nal Wheel chocks c) Each wrecker shall �a�e the identifying markings required by the Texas Transpor�ation Code, section 642.002. In addition, each wrecker shal! provide Notice of Complaint Procedures to the owner of a towed vehicle as outlined by the Texas Department of Transportation Rules and Regulations as contained in 43 Texas Adminjstrative Code, Chapter 18, subchapter � 8.89, as same may be amended from time to time. d) Each tow truck and the required equipment shall be inspected by fhe Chief of Potice or his aufihorized designee prior to being used for services contemplated by this contract. 1n addiiion, eacn #ow �ruck an� the required equ�pment shall be subjec� to intermittent inspection to assure compliance with this eor�tract, Slandard Wreckcr 4 Pa�e 4 0l' 12 � i �. INSURANCE REQUIREMENTS Company shall maintain insuranc� from insurers acceptable to City af the fol{owing fypes and amounts: 5.1 Commercial Ceneraf �iabifity $500,000 each occ�arrence $500,Q00 aggregate or Garage Liability $SQO,OQO each accider�t, ather than auto $5�0,�00 aggregate 5.2 Automobite �iability $50a,OQ4 each accident, combined single limit This co�erage shall include all vehicles owne� or non-owned that are operating under Company's operating authority, 5,3 CargolQn�HooEt $30,000 per unit Co�erage shall include both the unit b�ing tawed and its contents. Units covered shall include but nof be limited ta motor vehicles, trai[ers and boats. Coverage shall be written on a direct primary �asis. 5.4 GARAGEKEEPER'S LIA�ILITY $30,QQ0 per unit 5.5 Worker's CompensationlAccident Cnsurance Goverage shall meet fhe minimum requi�ements of siafe law as can- tained in the Motor Carrie� Rules and Regulations. 5.6 Current insurance certifieates sY�afl remain on file with the City during the term of this Contract. Insurance coverage may, at the sole discretion of the City, be revised u�ward upon thirty (30) days prior written notice to Company. Policies shall be endorsed as fol[ows: Standaed wrecker 5 Paga5of12 a} The City, its officers, empEoyees and servants shall be endorsed as an additional insured on all poficies exce�t employer's liability insurance coverage under �he workers' compensation insurance policy. t�) Certificates of insurance shall be delivered to the supervisor of the City of Fork Worth Auto Poun�, 1301 E. Northside Drive, Fort Worth, TX 7�102, prior to any work being performed un�er this contract. c) Any failur� an part of the City to request requ�red insurance documentation shall not constitute a waiver of the instarance r�quirements specified herein. d) Each insurance policy shall be endorsed to provid� the City a minimum tniriy days notice of cancellation, non-renewal, andlor material change in policy terms or coverage. A ten days notice shall be acceptab{e in the event of non-payment of premium. e} Insurers must be authorized to do business in the State of Texas and have a current A.M. Bes# rating of A: VII or equi�a[ent measure of financial strength and solve�cy. f} Deductible limits, or self-funded retention limits, on each policy must not exceed $� O,QOO.QO per occurr�nce unless otherwise approved by the City. g) Other tnan worker's compensation insurartce, in lieu af traditional insurance, City may consider alternative coverage or risk tr�atment measures through insurar�ce poals ar risk retention groups. The City must apprave in writing any a{ternative coverage. h) Work�rs' campensation insurance policy{s) co�ering em�loyees shall be endorsed witf� a waiver of subrogat�on pro�iding rights of recovery in favor of the City. i) City shall not b� responsible for the direct payment of ins�rance premium costs. j) Insurance policies shall each be endorsed to provide #hat such insurance is primary profection and any self-fund�d or commercia[ coverage maint�ined by City shall rtat be called upon to contribut� to foss recovery. 5tandard Wrecker 5 P�ge G of 12 k} Company shall report, in a timely mar�ner, to City's officially designated contract administrator any known lass accurrence which cauld give rise to a liability claim or lawsuit o� which could result in a property loss. I) Company's liability shall not be lim�ted to the sp�cified amounts of insurance required herein. m) Upon the request of City, Com�any shall provide complete copies of all insurance policies required by these contract documents. 5.7 ln the event a state or federal law, rule or regulation pertain[ng to wreclter service com�anie5 operating within the State of Texas excee� insurance requirements specified herein, such state or federal law, rule or regufatian shall prevail for the respective type of. insurance coverage andlor limit th�reof. fi. DUTIES AND RESPONSIBILITIES OF COMPANY Campany, during the term of this co�tract, shall perform the following duties and have t�e following responsibilities: a) Maintain as its primary business the towing of �ehicles or tra�lers by wreckers meeting the requir�ments of paragraphs 4{a) and 4(b} above. "Primary business" shall mean that Company receives mare than fifty per-cent (50%) of it gross revenues from the towing of vehicl�s and trailers. All of company's records shall be o�en to reasonabl� insp�ction, both at the time of execution of this agreement and af any time during the term hereof, to verify compliance with tnis condition. b} Maintain a currently licensed vehicle storage facility located within the corporate limits of the City. "Vehicle storage facility" shall mean a facility op�rated by a person licensed under Article 6687-9a, Revised Statutes. cj Maintain business operation #wenty-four (24) hours a day, seven days �er week. d} Respond ta all calls contem�lated by this contract within fhirky (30) minutes of notificatian, except in extraordinary situations where delay is caused by ice, snow or other weather related conditions. In the event Company fails to respond as r�quired, City may nntify another wrecker company and Company Standard Wrecker ^� Page 7 of 12 7. TERMINATfON AND SUSPENSION 7.1 This contraci may be terminated or suspended by City for any of the foliowing causes: shall not be entitied ta the compensation to which if wou�d have been entitled had it arr�ved timely, �) Maintain on 'file wifh the City the name of tf�e owner, pr�sident or chief executive officer, business addr�ss, and telephone number; furkher, Company s�all notify the City of any change af awnership, president or chief executive officer, or cY�ange of address within fi�e (5) business �ays af any such chan�e. f) Deliver the motar vehicle being tawed to the lacation within the corporate limits of Gity designated by the police officer at the scene of the pull. Delivery shall be made without delay or detour. g) Fully cooperate with any investigatio� conducted by fihe City regarding com�laints against Company, whether or not such complaints arise out of services contemplated by this Contract. h} Shal! not become delinquent in the payment of any taxes due to City. i) Shall not go to any accident scene unless the Company has been ealled to the scene �y the owner or operator of a vehicle or an authorized representative of same, ar by the City. j) Completely remo�e all debris resulting from any acciden# to which the Company is responding. Removal of debris shall nat be considered complete by merely sweeping it to the curbline. k) Snall not solicit any wrecker business wi�hin the corporate limits ofi City at the scene of a wrecked or disabled vehicle, r�gardless of whether the solieitatiar� is for the �urpose of soficiting fhe business of fowing, repairing, wrecking, storing, trading, or purchasing the vehicle. I) Shall or�ly employ drivers of tow trucks authorized to operate same. m) Provide the Police Pound personnef with an ir�voice a# the time the vehicle is delivered to the Auto Pound together with the signed wrecker se[ection form to be pravided. Sttindard Wrecicer Pupe$oFl2 � a} Violation of any term andlor condition specified in this contract. b) Failure to notify the Communications Division of the Police Department withir� fifteen (15) minutes fram the time of notificatEon if the Company wi11 be unable to respond within the �hirty (30) minu�es allotted for a response to a call for wrecker serrrice. c) Parmitting a tow truck to be operated by anyone whiEe under the influence of alcohol andlor drugs. d) Permitting a tow truck to be operate� by anyone whase operafor's license is suspended. e} Transferring or assigning any call for service to any other company f) Any sustained complaint of theft by personnel of Company whiie acting in th�ir capacity as employees of Company, whether occurring during a pa[ice pull or otherwise. g) Any sustained complaint of threats made by personnel of the Company wh�le acting in fheir capacity as emp[oyees of Company made against third parties during a police pull or otf�erwise. h) Failing to comply with all directians a� police personnel at the scene of a police �Uff or c�vilian employee at the Pofice Pound. Company may r�quest a police supervisor fo validate any such dir�ction given, i) Five (5} passes within a ihirty (30} day period. Pass in this paragraph shall mean Company failing to r�otify the City af its inability to respond to a request for service as required by paragraph 2 abo�e. j} Ten (10) passes within a thirty (30) day period. Pass in this paragraph shall mean a Compar�y nafifying the City of its inability to r�spond ta a request for service as required by paragraph 2 above. k} Violation of any rule or regulation contained in Exhibit "A" attached he.reto. 1) Failure to comply with any state or federal law or city ordinance related to t1�e operation of a wr�cker company. 7.2 City shall notify Company in writing of its intent to terminate or suspend for cause twenty �20} days prior io such suspension or termination. Company shall have the right to req�est a hearin� be�ore the Chief of Police or �is designee Standard Wrecker Page 9 of 12 � regarding the intenf ta terminate or suspend for cause by requesting a hearing in writing within five (5) business days after receipt of notiee of intent to #erminate or suspend. A hearing shall be conducted within fifteen (15} days of the request for hearing. Tne City, in its sole discretion, may temporarily suspend this contract during any appeals pracess. 7.3 In tF�e event this contract is suspended for cause, the suspension shall be for a p�riod of fime of nat less than six (6} months nor more than twelve (12) manths. 7.4 In the event City suspends or terminates this contract for cause, and t�� cause for such suspension or termination is determined ta be in�alid, Company"s sofe rem�dy shall be reinstatement of this cantract. Company expressly waives any and all rights to monetary damages, including but not limified io actual and punitive damages, court costs and attorney"s fees. 8. INDEMMFICATION With regard fio any liability which might arise hereun�er, City and Company agree that they shall be salely and exclusi�ely liable for the negligence of its awn ag�nts, servants, subconfractors and employees and that neit}�er party sha{1 look fo the other party to save or hold it harmless for the consequences of any negligence on tf�e part of one of its own agent, servant, subcontractor ar employe�. Nothing cantained harein shall be construed to be a waiver by City of any right of protection �hat it enjays under applicable State or Federal law. 9. ASSIGNMENT Company shafl not assign, transfer or sublet this Contract or any portion hereof ta any party without the prior written consent of City that shall not be ur�reasortably withhe[d. Any such assignment, transfer ar sublettin� of this Contract without the consent of th� City shall be void and shafl operate as a termination hereof. Standard Wrecker 1� Page 10 ai' l2 r - � O . ZONES AND ROTATI�N LIST 10.1 City shall divide the city info four (4) zones that shall correspond to the four (4j patrol divisions. Company shall �e assigned to the zone or an adjacent zone in which it maintains its principal place of business. 10.2 City sha{1 create a rotation list witl�in each af the four {4} zones that will 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 efforis to arrive at the scene of the police tow within thirty (30) minutes. 11. INDEPENDENT CONTRACTOR lt is understood an� agreed by the parties hereto that Company shall perform all work and s�rvic�s hereunder as an inde�endent contractor, an� not as an officer, ageni, servant or employee of the City. Company shall ha�e exclusive cantrol of and the exclusive rigE�t to control the details of the work or service ta be performed hereunder, and all persons performing same on behalf of Company, and shall be solely responsible for the acts and omissions of its afficers, agents, servants, employees, contractors, subcontractars, licensees and invitees. The doctrine af respondeat superior shall not apply as between the Cit� and Company, its offic�rs, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creat�ng a partn�rship or joint �enfiure between the parties hereto. Standm�d Wreelcer 1 1 Page 11 af 12 2 1 In witness wf�ereof, the parties hereta have executed this Contract on the ��t� day of � , 20�3 ATTEST: CITY S� �ORT WOf�TH �.D7r�t � 8�+: ' . 1 _ �lori Pearson ' �bby W�on C�ty Secretary Assistant City Manager t M __ { t�`_r � �`f�. APPROVED AS TO FORII��ntract Ruthox�f z€�tion AND LEGALITY � , ��� - ' =, �.._ .— - -- -- - - - Date �� � Assistant Gity Attorney ATTEST: Corporate Secretary 5tandard Wrecker 12 Page 12 of l2 Maddux Towina, Inc. (Company Name) By: - Mazir��halabi, Pres�dent p /N'.!���nj•, �.y , � 7i1V1lrna ���VN1 �.�1 , ���� �������� � ��. ��:'����, ����, ������ � � ���� ���� T3�e �o�3�wi�g j•��es a�� � eges���io�s vvi11 �ie fo�lar�ved lby �L �rec➢�er Cornpanies upon arrival �t �l�e Auta Po�nci. 1, The entry gat� will not be blociced l�y wrec�cers waitii�g to enter or exi� the Auto Po�u�d. 2. No wrecicer shall enter the Auto Pou�d witll more tl7an one (1) person/opea'ator, ui�less authorized by tlze ail duty sllift supervisar. Tlzis will be do�e an a case by case basis. 3. For safety reasons, a Car Cairier will be xequired to off load tl3eir ca� go when possible. Tliis shall be detei7nined by �lie on duty supervisor, 4. Inventor-ies sho�.ild be l�andled in a11 expedifious �naizner when possibl�. However, Auto Pound persom�el are required to dp a co�nplete and precise in�rexitory of a11 property a��d vel�icles. A specific tin�e fi•an2e would be impassible to institl.rte. S. No wrecicer driver/operatar will assist witll any iuventory being coildncted Uy Atitto Po�nd l�ersonnel. 6. Tl�.e lise of Car Ca�7-ier�s, extra time, extra ec�uipment, etc., shall be sLtUject to approval i�y �17e Wrecl�er Ad�iiiuistraior or Auta Potu�d SYipervisor. 7. WrecI�er drivers/operatorslowne�s shaIl be required to follow any.directioi�s ar i�istructions gi�eil by Auto Paund persaiuzel. � S. Wrecicer Campai�y Owners shall assist and coiliply wiill aiiy investigation �erfori�ed by Auto PotXnd persoi�ne� or the Fort Wortli Police Depar�iie�t in regards to t1�.ezr coinpany, driver, aperator and or business without hesitation. 9. Violatior�s of aily af the above rt.iles shall be subject io review Uy the Wrecicer Admiiushator or Auto Pound Supe��visor. TIie Auto Pound Sl��ervisor or a l�igiler level of cairuna��d n.1ay detei7�line disciplii�ary aciion up to and including tei-��ziila�ion of cox�taact.. C'ity of ' 1�'o�t �orth, T'exas �y��° ��d ���n�;Q �������c����� DATE REFERENCE NUMBER �OG NAME PAGE 4181Q3 ��� �5�� 35TOWS 1 af 2 SIJBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS . FOR NON- CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE VENDORS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT RECOMMENDATION: It is recommended that tE�e City Council: 1. Authorize cantracts for Police Depar�mer�t requested non-consent towing of wrecked or abandoned vehicfes from multiple vendors as required by SectEan 34-181 of the Code of the City of Fart Worfh (1986), as amended; and 2. Authorize the cantracts t� begin April 8, 2003, and expire Sep#ember 30, 2003, with aptions #o renew for four additEanal one-year periods; a�d 3. Adopt the attacFted supplemental apprapriatEnn ordinance increasing estimated rece�pts and appropriations by $446,944 in the General Fund from available fur�ds. DISCUSSlON: Section 34-181 of the Code af the City of Fart Worth (1986), as amended, required that all police department, nan-eansent tows, shall b� undertaken pursua�t to contract, specifically executed betw��n the City and a wrecker company. The Pub[ic Safefy Committee extensi►�ely reviewed the ne►ry rates and unanimottsly approv�d �his recammendation on March 25, 2D03. There are thr�e types of contracts �a�d rates as fallows: � Standard tow trucks $100 � Tilt b�dlrollback tow trucks $12� � Tandem tQw trucks $'180 Cant�acts will be executed with any �endor �esiring fo perform non-consent taws for the Police �epartment, if they meet the con#ract requirements such as towing operations being the vendars primary business, equipment specifications, insurance, and a locally ficensed starage faci�ity. The fees for services to be provided and assignment to ane of four zones are the same as contained by City Code. The estimated expenditur� for these sen►ices is $1.8 million per year including th� an�icipated increase (of $446,944} for the remainder a# the fiscal year based on the revised rates. This increase will be offset by revenue collecied as �ees. RENEWA� OPTIONS - These contracts may be r�newed for up to four successive one-year terms a# the City's op#ion. This aciion does not require speci�ic City Council approvaf provided the City Co�rneif C`ity of ' 1�'o�t Wa�th, Texc�s ���i� ��'1� ����1��� ���l��fi��i��1��1 DATE F��FERENCE NUMBER LOG NAME PAGE 418103 �_� ��q,q, 35TOWS 2 of 2 suB��cr SUf'PLEMENTAL APPROPRIATIQN ORDINANCE AND CONTRACT5 FOR NON- CONSENT Tc�W�NG OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE VENDORS REQUIRED BY CITY ORDINANCE FQR THE POLIC� DEPARTMENT has appropriated sufficient funds to satisfy the City's abligafiion during the renewal term. FISCAL INFORMATION/CERTI�ICATION: The Finance Director certifies that upon appra�af ar�d completion of the abov� recammendations and the adoption of the attached supplemental appropriation ardinance, funds will be avaiiable in the current operating budget, as a�propriated, af the General Fund. LW:r Submitted for City Manager's Office by: FUND I ACCOUIVT I CENTER {to) � GGQ1 539120 0353403 GI$3 GGb1 462624 ' 03534�3 � 4838G I (from) GG01 53912D 0353403 � 78262 ( AMOUA'T CITX S�C[iE'I'ARY Libby Watson Driginating Department Heat�: Ralph Mendoza Additionxl Information Contact: Susan A[ani� $�446,944.00 $446,944.00 � APl'ROVED o4/D8/o3 $446,944.OD � ORD.� 15517