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HomeMy WebLinkAboutContract 286273 i ��iY ��cF��"�i4R1P �C)� � - - . C0� Ji�A�� � . .� -- CONTRACT FOR TOW TRUCK SERVICE (STANDARD SERVICE) WHEREAS, the City af Fork Worth occasionally requires the services of tow trucks; and WHEREAS, such tow tr�ack servic�s are necessary to protect the safety of the citizens ofi the City of Fort Wortf�, NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City of Fork Worth, hereinafter referred to as "City", acting herein by an� through Libby Watson, its duly authorized Assistant City Manager, and Taw Op Svstems lnc. dba Buddv's Towina , hereinafter referre� ta as "Company", acfing herein by and through Jovice E Holcomb , its dufy authoTized Pr�sident , a�ree as fo[lows: 1. SERVICES Gity hereby contracts with Company to provide police pull towing service. As used herein, "police pull" shall mean that the Fort Worth Police Depar�ment has cal�ed Company from the rotafion list to eith�r remove a wrecked or disab[ed vehicle or ta remove a vehicle �n a safe driving cor�difion, but the owner is not present, able or permitted to drive or to make authorizations. 2. TERM The initial term of this contract shall expire on September 30, 20p3. In addition ta the initial term of this contract, there shall be four options fo renew for terms of 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 for its obligations hereunder and Company providing proof . of insurance to City. 3. COMPENSATION 3.1 Compensation. As compensation far providing the se�-vices contemplated by this Contract, City agrees to pay Company as fc�Elo'��,�,y�� ������ � q� +� N�� 6� ��iJ�t�'-�fi.1��7 � ��'�u���� , t 1 a) Towaq�. A charge of One hundred Dolfars ($10Q.00} for fowing such vehicle from ane point on a street to anather I�cation within the corporate limits of the city as �irected by the police departmeni at t�e place where the tow originated; such charge includes one-f�alf hour of extra work. b) Second tow truck. In ihe event the police officer at the scene determines �hat a second tow truck is required, a charge of One hundred do[fars ($1aD.00) per hour, with a minimum charge of one hour, billed in increments of fifteen (1 �) minutes while at the scene of the police pu[I. A police supervisor snall approve the use af a second tow truck. Travel time is exclu�ed. c) Extra work. An additional charge of one hundred dollars ($100.00) per hour, with a minimum charge of ane hour, charged in increments of fifteen (15) minUtes, for removing vehicfes t�at are off the street right-of-way, such charg� ta be made from the fime the operator begins to remo�e fhe �ehic[e until �f is on the traveled portion of the street. Even though the vehicle is within th� street rig�t-of-way, an additiona� charge may be made if the vehicle is located in some unusual condition within the right-of-way, such as, but not limited to, a river or a creek bed or a ditch of greater depth than the ordinary bar ditch. Extra work shall only be al[owed when autF�orized by a police officer at the scene af the pull. T�e charges for such extra work shall be reviewed and ap�raved by the Auto Pound• Wrecker Administrator. Extra work excludes travel time, waiting time and clean-up time. �) Use of a dollv. No additional fee shall be charged forthe use of a dolly. e) Handlinq hazardous materials. When tF�e cargo of any mofor vehicle or traifer includes explosi�e, nucfear, radioactive, hazardous or corrosive materials, as defined by the Enviranmental Pratection Agency, Texas Department of Transportation, or the Texas Commission on Environmenta[ Quality, a f�e equal ta ane hUndred-fifty (�5�) percent of the eharges which may be assessed pursuant to subparagraph "a" above. In addition, a charg� may be made for exp�nses incurred related to protective clothing and any stand�ra wreciccr 2 1'age 2 af 12 other supplies or equipm�nt used in handling such materials, such charge being equal to the actual amounts incurred plus fift��n (15) p�rcent. f) Nathing contained herein sha�l be construed so as to obligate Cify to ex�end any sums af money. Further, nothing contained herein shall be construed so as to guarantee to Company that City wifl confact Company for any towing services contemplated by this Contract. 3.2 Invoicinq and PaVment. Company shall Invoice City once per month. Company shall include wi#h the invoice such documents as may be reasonably requested to pravide evidence ofi the services provided to the City, which at a minimum shall include copies of the wrecker selecfion form signed by the officer at the scene of the police pu�l andlor personnel af tne Fort Worth Auto Pound. Such invoice shall be subject to the re�iew and approval of ap�ropriate City p�rsonnel. City shall remit payment to Company not more than thir�y {30) days following approval of invoice. 3,3 Compensation Review. City shall review on an annual basis the compensation provided for hereunder, with the first such review to be co�ducted during the month of August 2003. Similar revi�;ws shall occur in A�gust of each succeeding year that this contract is in effect. Cify shall make adjustments i� the compensatian based upon increases or decr�ases in the cost of doing business, taking into consideration fuel, insurance, fabor, and such other costs as may be re[evant to the operation of a towing business. 4. VEHICLE AND EQUIPMENT REQU[REMENTS Company shall mainfain at all times the following vehicfes and equipment in wor�Cing conditian: aj A minimum of two (2) wreckers, ane of which shall be not less than 94,Q00 pounds gross vehicle weight ar�d one of which shafl be not less than 1 D,D00 pounds gross vehicle weight, dual rear wheels, equipped with a hydraulic operated winch, winch [ines, and a boom rated at not less than 8,Q00 pound lift capacity and a wheel lift device rated at not less than 2,500 pounds. 3taiid�rd Wrecke�- r�$G � or � 2 3 � , b) At a minimum, all wreckers shal[ be equipp�d with the following e�uipment, which at all times shall be mainfained in working order: 1 } Tow bar 2) Towing lights 3) Emergency overhead warning lights (red or amber color only) 4) Safety chain 5) Fire extinguisher, A.B.C. Type 6) Wrecking bar � 7} Broom 8) Ax 9) 5hovel 10) Reflectars ar traffic cones 9 � ) Trash conta�ner 12} Two way voice or computer communication between tow truck and Company dispatcher 13) Backing warning signal �4) Wh�el chocEcs c) Each wrecker shall ha�e the identifying markings requir�d by the Texas Transportation Code, section 642.002. In additian, each wrecker shall provide Not�ce of Complaint Proced�ares to the owner of a towed vehicle as outlined by the Texas D�partment of Transportation Rul�:s and Regulations as contain�d in 43 Texas Administrative Code, Chapter 18, subchapter 18.89, as same may be amend�;d from time to time. d) Each tow truck and �he required equipm�nt shall be inspeeted by the Chiefi of Police or hts authorized des�gnee prior to being used for services contemplated by this contract. In addit{on, each tow truck and tha required equipment shall be subject to intermittent inspect'ion to assure compkiance with t1�is contract. 5[andard Wredcer � Page 4 of' l2 r i � 1NSURANCE REQUIREMENTS Company shall main#ain insurance from insurers acceptable to City of the fallowing types and amounts: 5.1 Commercial Ceneral Liabilify $500,000 each occurrence $500,000 aggregate or Garage Liability $500,000 each accident, ofher than auto ��aa,0�0 aggregate 5.2 Automobile Liability $500,Q00 each accident, cambined single limit This coverage shall include ail vehicl�s owned or non-owned tha# are aperating un�ar Company's operating authority. 5.3 CargalQn�Hoo� $30,000 per unit Coverage shall inc[ude �ath the unit being towed and its cantents. Units co�ered shall include but not be limited to motor vehicles, trailers and boats. Ca�erage shall be written on a direct primary basis. 5.4 GARAGEKEEPER'S LIABI�IT�( $30,Q00 per unit 5.5 Worker's CompensationlAccident Insurance Coverage shall meet the minimum re�uir�m�n#s of state law as con- tained in the Motor Carr�er Rules and Regulatians. 5.6 Current insurance cer�ificates shall remain on file wifh the City �uring th� term of this Contract. Insurance coverage may, at the sole discretion of the City, be revised upward u�on thirty (30} days prior written notice to Company. Policies shall be �ndorsed as fallows: 5tandard Wrecker Page 5 of l2 5 r i a} The City, its officers, employees and servants shall be endorsed as an additional insured on all policies except employer's liabili#y inst�rance cov�;rage under the work�rs' compensation insurar�ce poiicy. b) C�rtificat�s of insurance shal{ be delivered to tY�e su�ervisor of the City of Fori Worth Auto Pound, �30'f E. Nort�side Drive, Fort Worth, TX 7�102, prior to any work being performed under this cantract. c} Any failure on part of the City to request required insurance documenfafior� sha�l not canstitute a waiver of the insurance requirements specified herein. d) Each insurance po{icy shall be �ndorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, andlar material char�ge in policy fierms or coverage. A t�n days notice shall be acceptable in the event of non-payment of premium. e) Insurers must be authorized to da business in th� State of Texas and have a current A.M. Best rating of A: VII ar equivalent measure of financial strengfh and salv�ncy. f) Deductible [imits, ar seEf-funded retention fimits, on each policy must nai exceed $10,�00.00 per occurrence unless otherwise approved by the Gity. g} Qther than wnrker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage ar risk treatment measures through insurance pools or risk retention groups. The City must appro�e in writing any aEternative coverage. � h) War�Cers` compensation insuranc� policy{s) covering employees snall be endorsed with a waiver of subrogation providing rigf�ts of reco�ery in favor of the City. i) City shall not be responsiE�le for the dir�ct payment of insurance premium casts. j) Insurance policies shall each be endorsed to provide that such insurance is primary protection a�d a�ny self-funded or commerciai coverage maintained by City shall not be called upan to contribute to loss recovery. 5tand�rd Wrecker ]'age 6 of l2 � k) Company shall report, in a fiimely manner, to City's officially designated contract administrator any known loss occur�ence which could give rise to a liability claim or lawsuit or which cauld result in a proper�y loss. I} Company's liabifity sha{I not be limited to the specifiied amounts of insurance required herein. m) Upan the request of City, Company sha11 p�o�ide complete copies of'all insurance policies required by these contrac# documents. 5.7 ln the event a state or federal law, rule or regulation pertaining to wr�cker service companies operating within the State of Texas exceed insurance requirements specified herein, such state or federal law, rule or regulation shall prevail for the respective type of insurance coverage andlor limit thereof. 6. DUTIES AND RESPONSIBII�ITIES OF COMPANY Company, during the term of this contracf, sF�all perform the following duiies and have the #ollowing responsibilities: a) Maintain as its primary business the towing of vehicles or trailers by wreckers meeting the requir�ments af paragraphs 4{a} and 4(b) above. "Primary business" shall mean that Company receives more than fifty per-cent (50%) of it gross revenues fram the tow�ng of v�hicles ar�d trailers. All of company's records shall be open to reasonab{e inspection, both at the #ime of execufion of this agreement and at any time during the term hereof, to �erify compliance with this conditian. b} Maintain a currenfly licensed vehicle storage facility [ocated within the corporate limits of the City. '"Vehicle storage facility" shall m�an a facility operat�d by a person licensed� under Ar�icle 6687-9a, Re�ised Statui�s. c) Maintain business aperation tw�nty-four (24) hours a day, seven �ays per w�ek. d) Respond to all calls contemplated by this eontraet within thirty (30) minutes of notEfication, except in �xtraardinary situations where delay is caused by ice, snow or other weather related conditions. In the e�ent Company fails to respond as requ�red, City may notify another wrecker company and Company StandA�'d WreCker '� Page 7 aF l 2 ( 1 7. TERMINATION AND SUSPENSION shall not �e entif[ed to the comper�sation to which it would ha�e been entified had it arrived timely. e} Maintain on file with the City the name of the awner, president or chief executive officer, business address, a�d telsphone number; further, Company shall nofi�y the City of any change of ownership, president or chief executive officer, or change of address within five (5) business days of any s�ach change. f) Deliver the motor vehicle being towe� to the location within the carporate limits of City designated by the police offic�r at tE�e scene of the pull. De[ivery shall be made without delay or detour. g} Fully cooperate with any investigatian conducted by the City regard�ng camplaints against Company, whetner or not such complaints arise out of services cor�templated by ihis Contraet. h} Shall nof become delinquent in the payment of any taxes due to City. i) Shall not ga ta any accident scene unless the Company has been called to tha scene by tf�e owner ar o�erator of a vehicle or an authorized representative af same, or �y the City. j} Completely remo�e all debris resulting from any accident to which �he Company is responding. Removal of debris shall not be cansidered complete by merely sweeping it to the curbline. k) 5ha[l not solicif any wrecker business within the corporate limits of City af the scene of a wrecked or disabled �ehicle, regardless of whether the solicitatian is for the purpose af soliciting the btasin�ss of towing, repairing, wrecking, staring, trading, or purchasing the vehic[e. l) Shall only emplay drivers of tow trucics authorized to operate sam�. m) Pravide the Police Pound personnel with an invoice at fhe tim� the vehie[e is delivered ta the Auto Pour�d together with the signed wrecker selection form to be provi�ed. 7.1 This contract may be terminafed or suspended by City for any of the following eauses: Standard Wrecker Page 8 of 12 : r + a) Violation of any term andlor condition specified in this contract. b) �ailure fo notify the Communications Division of fhe Police Department within #ifteen (15} minutes fram the time afi notifiication if the Company will be una�le to respond within the thirty 430) minufes allotted for a response ta a call for wrecker service. c) Permitting a tow truck to be operated by anyone while under the influence of alcohol andlor drugs. d) Permitting a tow truck to be operated by anyone whose oper�tor's license is suspended. e) Transferring or assigning any call for service to any other company f) Any sustained complaint of theft by pe�sonne! of Company while acting in their capacity as employees of Company, whether acc�rring dur�ng a police pul! or otherwise. g} Any sustained cvmplaint of threats made by personnel of the Campany while acting in their ca�acity as employees of Company made against third parties during a police pull or otherwise. h) Failing to comply with all directions of police personne[ at the scene of a polic� pull or civilian employee at the Police Pound. Company may request a police supervisar to validate any such direct�on given. i) Five (5) passes within a thirty (30} day period. Pass in this paragraph shall mean Campany failing to notify the City of its inability to respond to a request for service as required by paragraph 2 abo�e. j) Ten (1 D) passes within a thirty (3q) day period. Pass in this paragraph shall mean a Company notifying the City af ifs inability to respond to a request for service as required by paragraph 2 aba�e. k) Violation af any rule or regulation contain�d in Exhibif "A" atfached hereto. f) Failur� to com�ly with any state or federal law or city ordinance re[ated to th� operation of a wrecker company. 7.2 C�ty shall notify Company in writing of its intent to ferminafie or suspend for cause twenty (20) days prior to such suspensior� or terminafiian. Company shali have the right to r�quest a hearing before t�e Chief of Police or his designee 5taudard Wrecker Page 9 of 12 � , , regarding the intent to terminate or suspend for cause by requesting a hearing in writing within five (5} busine�s days after r�ceipt o'F notice of intent to terminate or suspend. A hearing shall be conducted within fifteen (�5} days of the request for hearing. T�e Ci�y, in its 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�eriod of time of not less than six (6} months nor more than twelve (12) manths. 7.4 Ir� the event City suspends ar terminafes this �ontraet for ca�ase, and the ca�se far such suspensian or termination is determined to be invalid, Company's sale remedy shall be reinstatement af this contract. Company expressly waives any and all rights to monetary damages, including but not limited to ac�ual and punitive damages, court costs and attarney's fees. 8. INDEMNIFICAT[ON With regard to any liability which might ari�e here�nder, City and Company agree that they shall be solely �nd exclusively {iable for tne negligence of its own agents, servanfs, subcontractors and employees and �hat n�ither party shall look to th� other party ta save or hold ifi harmless for the consequ�nces af any neglEgance on the part of one of its own agent, servant, subcontractar or employee. Nothing contained herein shall be construed to be a waiver by City of ar�y right of protection that it enjoys under ap�licable State or F�deral law. 9. ASSIGNMENT Company shap not assign, transfer or sublet this Contract or any porkion hereof to any party without the prior written consent of City that shall not be unreasonably withheld. Any such assignmenfi, transfer or subletting of th�s Cor�tract withqut the consent of the City shall be void and shall operate as a term�nation f�ereof. Standal'd Wi�ecker 1 Q Page l0 of 12 � e � � �. ZONES AND ROTATION L15T 1 a.1 City shall divide the city intq fo�r (4) zones that shall correspond to the 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 rotation list within each of the four (4} zones that will dict�te the order in which wrecker companies are contacted. � 0.3 City may request Company to conduct a police pUll within any zor�e, and Company agrees to use its best efforts to arrive at the scene of the po[ice taw within thirty (30} minutes. �1. fNDEPENDENT CONTRACTOR It is ur�derstood and agreed by the parties hereto that Com�any shall perForm all work and services hereunder as an independent contractor, and nat as an officer, agent, servant or employee of the City. Company shal{ have exclusi�e control of and the excfusive right to cantrol the details of the work or service to be per�ormed hereunder, and all persons performing same on behalf af Company, and shal{ b� solely responsible for the acts and omissions of its officers, agents, s�rvants, employees, contracfors, subcontracfors, licensees and invitees. Tne doctrine of respan�eat superior shall not apply as between ti�e City and Company, its officers, age�ts, servants, employees, contractors and su�contractors, and nothing herein shall be canstrued as creating a partnership or joint venture betvveen the parties hereto. Standard Wrecker 11 Page l 1 of l2 ! 5 Ir� witness whereof, the par�ias nereto have executed this Con�ract on the � �� day of � , 2�. � ATTEST: CITY,-� FORT W��TH /1,� ��. R�, � { - lo Pearson —l'.�Libby1/�1�son City Secretary Assistant City Manager APPR4VED AS TO FORM AND LEGALITY � Assistant Attorney ATTEST: Corporate Secretary •� � � '� � + � � �i _ ... _ � _I � ( Con�Gti ��t Authorf za�tion ^ .._m..W..�.r ,,'� �,.L_ �_ �._�� ......_..--�- "�a te Tow Op Svstems �nc., dba Buddv's Towina (Company Name) By` .: ._ � Joyc�`� Ho�(comb, President Standard Wrecker 1z Page 12 of 12 � �s����°t� ,1�%fR:��hiY .-^nry'r��j ' � R `� ��� ���,����IC{ II'r' ��� { ' �,���.�� � � �.��� ���� T�e ��l��w��g x'��es ��d reg���t�g�rus i�v�il �e noyg�wved �y �Y� �`Vr�c�er ���p��an�� �po� �rriv�l at t�e A�a�o �aund. 1. The entry gate will .not be bloclted Uy wreckers waitii�tg ta enter or exit fil�e At�to Po�.lnd. 2, No wrecicer sl�all e��ter �l�e Aiiio Pound vvz�a �nore tl�an ozae (1} perso�l/aperatox, UIlI�SS aLT�IlOTIZ�f� bj� �1B 011 C�litj� S�llft SU�]Bl'V180Y'. This will be doize an a case by c�se bas�s. ;. For sa�ety reasoi�s, a Car Canxer will be required ta off laad theia' carga wl�en �]0551�iS. T�1i5 5I1c1�I 11� C1E��i1.111AE(� Uy t�le 011 dll��' 5Li1}0IV150P. 4, Tn�ei�.taries sl�ould Ue ha�dled iri aix e�peditious ina�ier when possible. However, �uto Potxnd persoi�ulel a�e required fo do a cornplete an.d precise inventory a�' all propez-ty and vehicies. A speci�'i� tinle fran2e would Ue iinpossible to iiYs�itute. 5. No wrecker driver/operafor will assist witJa a�3y inveniory Ueing co�aducted by Auto Pound �ea�sa�xel. G, Tl�e ltse of Car Carrier�s, extra. tinie, extra equipmezlt, etc., 5Z1al1 �� sitbject to ap�rflval i�y the Wrecker Ac�nu�ishator or Auta Pot�nd Su�e�visar. 7. Vi�recicer drivers/aperatorslowners shall Ue required ta follow a��y.c�i�ect�tins or instr�ctions giveill�y Auto Pound perso�nel. $. Wrecicer Coin}�a�.�y Ow�ers sliall assist a�1d canlply wit�i any investigaiion perfoil�ed by Auto Fotu�d perso�el or tlie Fort Worth Police D�part�neilt in reg�ds to tllei:r coingaLty, driver, apexator and or business without hesitaiion. 9. Violations of a��y of tIie above rules sliall be suUject to review b� fihe Wrecicer Administrator or A�to Pou�ld Supeivisor. The ?..uta 1'o�.u�.d Supei-visa� ox a l�gher level of cainina�.Zd may detenzline discipliiiary aciiaii up to auid includiizg ter�aaainatiail of cantract. C'iiy of ' �'o�t T�orth, 7'exas ���� ��d ���nc�� ��m����c�t���� DATE F2EFER�NCE NUMB�R LOG NAME PAGE 418103 ��� g��� 35TOW5 1 af 2 sus.��cT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON- CONSENT T�WING OF WRECKED OR ABANDONED VEHICL.ES FROM MUI�TIPLE VENDDRS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT RECOMMENDATION: It is recommended that the City Cauncii: 1. Au#hariz� contracts for Pofi�e Department.requested non-cansent towing of wrec[ced ar abandoned vehicles from multiple �endors as required by 5ectic�n 34-181 of the Code of ihe City of Fort Worth (1986), as amended; and 2. Authorize the cantracts to begin April 8, 2003, and expire September 30, 2003, wiih options to renew for four additional one-y�ar periods; and 3. Adopt the attached suppiemental apprapriation ordinance increasing �stimated r�ceipts and appropriations by $446,944 in the General Fund from availa�Ee funds. DlSCUSSION: Section 34-181 of the Code of the City of Fort Worth (1986), as amended, required that aH police departmen#, non-consent tows, shall be undertaken p�rsuant to contract, specifical[y executed be�ween the City and a wrecker company. The Pub[ic Safety Committee extensively reviewed the r�ew rates and unanim��sly approved this recommendation on March 25, 2Q03. 'There are three types of contracts and rates as follaws: � Standard tow trucks $�OQ � Ti[t bedlrollback tow trucks $125 � Tandem faw truc4�s $18D Confracts will be executed with ar�y Wendar desiring to pertorm non-consent tows for the Police Department, if they m�et the contract requirements such as tawing operatians being the �endors primary busi�ess, equipment specifications, insurar�ce, and a lacally licensed storage facility. The fees for services fio be provided and assignment to ane of four zones are the same as eontained by , City Code. The estimated expenditure far these services is $1.8 million per year including the I anticipa#ed increase (of $446,944} far the remainder �f #he fiscal year based on the re�ised rates. This � increase wi�l be affset by revenue colfected as fees. RENEWAL OPTIONS - These contracts may be renewed for up to four successive one-year terms at the City's aptian. This action does not require specific City Council a�pro�al provided the City Councif �ity o� �'ort T�orth, 7'exas �y�� ��� ������` �����n;������ DATE REFERENCE NL�MBEFi LOG NAME PAGE 4/8/D3 ��� 9�44 35TOW5 2 of 2 SUB.iECT SUPPLEMENTAL APPROPR[ATION ORDINANCE AND CONTRACTS FOR �N�N- CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE VEN�ORS REQUIRED BY CITY ORDINANCE FOR THE POLIC� DEPARTMENT has apprapriated sufficient funds to satisfy the City's abligation du�ing tl�e renewal term. 196�iT�1�l�13�]��il��[�1�►I+���i�[�-�[�7�� The Finance Director certifies t�ai upan appro�al and completion of fhe abave recommendations and the adoption of the attached supplem�ntal appropriation ardinanc�, funds will ba availa�fe ir� the current operating budget, as appropriated, of the General Fund. � LW:r Submitted for City INanager's Office by: � FU1�D � ACCOUNT I (to) � GG41 53912Q G183 � GGfl1 462624 � 48386 I (fram} GG01 539124 � 78262 I C��TTER I AMOUNT 0353403 $446,944.00 0353403 $446,944.OD CITY SECRETARY LiE�by Watson Originating Department Head: Ralph Mendaza Additional Information Contacte Susan Alanis � APPROVED D4/08/03 0353403 $446,944.00 ORD.# 15517