HomeMy WebLinkAboutContract 28632m
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CONTRACT FOR TOW TRUCK S�RVICE
(TfLT BEDlR�LL BACK)
WHEREAS, the City of Fort Wor#h occasionally requires t�e services of
tow trucks; a�d
WHEREAS, such tnw truck services are necessa�-y to protect the safefy of
the citizens af the City of Fort Worth, ,
NOW, THEREFORE, KN01N ALL BY THESE PRESENTS:
The City af Fort Worth, hereinaftsr referred to as "City", acting herein by
and thro�gn Libby Watson, its duly authorized Assis#ant City Manager, and Fred
Morris, lnc. dba Fred _ Morris_ Wrecker, h�reinaft�r referred to as "Company",
acting �erein by and through Fred Morris, its duly authorized Presidenf, agree as
follows:
1.
SERV�CES
Cify hereby eoniracts with Company to provide police pulf towing service.
As used herein, "police puil" si�a1! mean that the Fort Workh Polic� Departmer�t
has called Company from the rotation lisf fo ei#her remove a wrecked or disaaled
vehicle or to remove a vehicle in a safe driving condition, b�# t�e owner is not
present, abfe or permit�ed to drive or to make authorizatians.
2.
TERM
The i�itial term of this contraet shall expire on September 30, 20�3. In
addifion to the initia� term of this eontract, ther� shall be four optians to renew far
terms of one y�ar each, unf�ss earlier �erminat�d as hereinafter provided.
Renewal shall aGc�r upon Gity including in its budget for ti��: opfions years
sufficient fun�s fo pay far its obligatians hereunder and Company pro�iding proof
of insuranc� to City.
3.
COMP�NSATfON
3.1 Compensation. As compensation for provic�ing ��,�� .�er!�iC_P_.�
contemplated by this Cantract, City agrees ta pay Company as fopc�:
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a) TY�e City, its officers, employaes a�d servants shall be er�darsed as an
additional insured o� all policies except employer's liability insurance
coverage under the workers' compensation insurance policy.
b) Cer�ificates of insurance shafl be deli�ered to the supervisor of the City of
Fart Worth Auto Pound, �301 E. Northside Drive, Fort Worin, TX 76102,
prinr to any work being performed under this contract.
c) Any fai[ure on part of the City to requ�st required insurance
documentatian shall not constituta a waiver of t�e insurance requiremer�ts
sp�cified herein.
d) Each insurance �olicy shal{ be endorsed to pro�ide the City a minimum
thirty days notice of cancellation, nonWrenewal, andlor materiai change �n
�alicy terms or coverage. A ten days notice shall be acceptable in the
eveni of non-payment of premium.
e) Insurers must be autharized to do business in the 5tate of Texas and
have a current A.M. Best rating of A: Vll or equ�valent measure of financial
strengfh and so{�ency.
f) Deductible limits, or self-funded retention limits, an each policy must nof
exceed $10,OOa.00 per occurrence unless otherwise appro�ed by the City.
g) Other than worker's compensation insurance, in lieu af traditional ins�rance,
Gity may consider a{ternative coverage or risk treafinent measures through
ins�rance �ools ar risk retention groups. The City must approve in writing
any a[ternative coverage.
h) Workers' compensatian insuranc� policy(s) covering emp�oyees shall be
endorsed with a wai�er of subrogation providing rights of recovery in favar
of the City.
i) City shall not be respansible for the direct payment of insurance premium
costs.
j) Insurance policies shall each �e en�arsed to provide that such insurance
Es primary protection and any self-funded or commercial co�erage
maintained by City shall not be called upon to contribut� to loss reco�ery.
Ti11 Wrecker
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k) Company shal! re�ort, in a timely mann�r, to City's o�ficiafly des�gnated
contract administrator any known loss occurrence which could give rise to
a liability claim or lawsuit or which cou{d result in a property loss.
I) Company's liability shall not be limified to the specified amounts of
insurance required herein.
m) Upon the reqUest of City, Company shall pro�id� complete copies of ail
insurance policies required by these contract docum�nts.
5.7 In #he event a state ar federa{ law, rule or regulation pertaining to wrecker
service campanies operating within the State of Texas exce�d insurance
rec�uirements specified herein, such state or federal law, rule or regulation shall
�revail for the respective type ofi insurance coverage andlor limit thereof.
C�
DUTIES AND RESPONSIBILITIES OF COMPANY
Company, during the t�rm of this contract, shall perform the fallowing duties
and have the following responsibilities:
a} Maintain as its primary business fhe towing of �ehicles or trailers by
wreckers meeting the requiremer�ts af paragraphs 4(a) anci 4�b) above.
"Primary business" shall mean that Company r�ceives more than fifty �er-
cent (50%) of it grass revenues from the towing of vehicles and traiCers. All
of company's records shall be open to reasonab[e inspec#ion, both at the
time of execution of this �greement and a# any time during the term I�ereof,
to verify compfiance with t�is condition.
b) Maintain a currently licensed vehicle storage facility locateci witi�in the
corporate limits of the City. "Vehicle storage facility" shall mean a facility
aperated by a person under Article 6687-9a, F�evised Statutes.
c) Maintai� business operation twenty-four (24) hours a day, seven days per
week.
d) Respond to all calls cantemplated by this contract within thirty (30) minutes
of notificafian, exce�t in extraardinary situations where delay is caused by
ice, snow, �r �ther weather related con�itians. In the event Company fails to
Tilt Wrecker .�
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respond as required, City may notify another wrecker com�any and
Company shall not be entitle� to the campensat�on to which if would have
been entitl�d had if arrived timely,
e) Maintain on file wifh the City the name of the owner, president or chief
executive officer, business address and telephone number; fur�her
Company shall natify the C�ty of any change of ownErshi�, president or
chief executive offic�r, or change of address within �ive (5) business days of
any such change.
f) Deliver the motor vehicle being towed to #he location wifhin the corporate
limits of City d�signated by fhe poiice officer at the scene of the pu[I.
Delivery shall be made without delay or detour.
g) Fully coaperate with any investigation canducted by the City regarding
complaints against Company, whether or not such complaints arise out of
services contemplated by this Contract.
h) SY�all nof became de[inquent in the payment of any taxes due to City.
i} Shalf not go fo any accident scene unl�;ss t�e Com�any has been called to
the scene by the owner ar operator of a vehicle or an aufhorized
representati�e of same, or by the City.
j) Completely remove all debris resulting from any accident to which the
Company is responding. Removal of debris shall not be considered
complete by merely sweeping it to the curbline.
k) Shall not solicit any wrecf�er business within the corporate limits of City at
the scene of a wrecke� or disabled vehicle, regardless of whether the
salicitation is for the pur�ase of soliciting the business of towing, repairing,
wrecking, storing, frading, or purchasing the vehicle.
I} Shall on[y emplay drivers of tow trucks authorized ta operate same.
m)Provide th� Palice Pound personnel witn an invoice at the time the vehicle
is delivered tp the Auto Pound together with the signed wrecker selection
form to be provided.
Tilt Wrecker
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7.
TERMINATION AND SUSPENSION
7.1 This contract may be terminated or suspended by tY�e City �or any of the
fallow�ng causes:
a) Violation of any term ar condition sp�cified in this contract.
b) Failure to notify the Communications Division of fhe Polic� Department
within fifteen (15) minutes from fhe time of notification if' the Company w�[I
be unable fo respond within the thirty (30} minutes allotted for a response to
a wrecker call.
c) Permi#ting a tow truck to b� aperated by anyone while under the influence
of alcohol andlar drugs.
d} Permitting a tow truck to be operated by anyone whose operator's license
is suspended.
e) Transferring or assigning any call for service ta any other company
f) Any sustained complaint of theft by �ersonnel nf Company while acting in
their capacify as employees of Campany, whether occurring during a pofice
pull or otherwise.
g) Any sus�ained complaint of threats made by personnel af the Company
while acting in th�ir eapacity as employees of Company made against third
parties during a police pull or otherwise.
h) Failing to comply with a[f direetions of police personnel af the scene of a
pofice pull or civiliar� ar police personnel at the Palice Auto Pound.
Company may request a police supervisor to �alidate any such direction
given.
i) Failure to camply with any state or federal law or city ordinance relat�d to
the operation of a wrecker campany.
j} Five (5} passes within a thirky (30) da� period. Pass in this paragraph shall
mean Company failing to notify the City of its inabifity to res�ond to a
request for senrice as r�quired by paragraph 2 abo�e.
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k) Ten (1Q) passes within a thirty (30) day period. Pass in this paragra�h
shall mean a Company notifying fh� C�ty af ifs inability io respond ta a
r�quest for service as required by para�raph 2 above.
I} Violation of any rule or regulation contained in Exhibit "A" attached hereto.
7.2 City shall notify Company in writing of its intent to terminate or suspend for'
cause twenty (2Q} days prior to such sus�ensipn ar termination. Company sf�all
have the right to request a l�earing before the Chief of Police or` his designee
regarding the intent to #erminate or suspend for cause by requesting a hearing in
writing within fi�e (5) business days after receipf of natice of inteni to terminate or
suspend. A hearing shall be conducted within fifteen (15} days of the request for
hearir�g. The Cify, in its sale discretion, may temporarily suspend this contract
during any appeals process.
7,3 In th� event this contract is suspended for cause, the suspension shall be
for a period of time of not less than six (6) months nor more than fwel�e (12)
months.
7.4 ln the event City suspends or terminates this contrac� for cause, and the
caUse far such suspension or termination is determined to be invalid, Company's
sole remedy shall be reinstatement of this contract. Company expressly waives
any and all rights to monetary damages, i�cluding but not limited to actua! anc{
punitive damages, co�rt costs and attorn�y"s fees.
8.
INDEMNIFlCATION
1Nith regard to any liability wnich might arise hereur�der, City and Customer
agree that they shall be solefy an� exclusively liabfe for the negligence of its own
agents, servants, subcontractars and employees and that neither party shall look
ta the other par�y to save or hald it harmless for the consequences of any
r�egligence on th� part ot one of its own ag��t, servant, subcontractor or
empfoyee. Nothing contained herein shall be construed to be a waiver by City of
any ri�ht of protection that it enjoys under ap�lica�le State or Federal law.
Tilt Wrecker I O
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ASSlGNMENT
Company shall �ot assign, transfer or sublet this Contract or any por�ion
hereof to any party withou� the prior written consent of City that shall not be
unreasonably withheld. Any such assignment, transfer or subletting of this
Contract shall be void and shall operate as a termination hereof.
10.
ZONES AND ROTATION LIST
A. City shall di�ide the city into four (4} zones that shall correspand to the four
(4) patrol d�visions� Com�any shall be assigned to the zone or an adjacent zone in
which it maintains its principa! piace of business.
B. City shall create a rotation list within each of the four (4) zones that will
dictate #he order in which wrecker companies are contacted.
C. City may request Campany to conduct a palic� pu11 within any zone, and
Company a�rees to us� its �est efforts to arrive at the scene of the police pull
within thir�y {30) minutes.
11.
INDEPENDENT CONTRACTOR
It is understood and agr�ed �y the parties hereto that Company s�al1
perform al{ work and services hereunder as an independent contractor, and not as
an officer, ag�nt, servant or employee of the City. Company shall have exclusi�e
control of and the exclusive right fio control the details of the work ar service to be
performed hereund�r, and all persans perForming same on behalf of Company,
and shall be solely responsible for the acts and omissions of its officers, agents,
servants, em�loyees, contractors, subcontractors, lic�nsees and invitees. The
doctrine of respondeat su�er�or sf�afl not app�y as between the City and Company,
its officers, agents, servants, employees, contractors and subcontractors, and
nathing herein shall be construed as cr�ating a partnership or joint venture
between the par�ies hereta.
In witness wh�r�of, the pa�ties hereto have executed this Contract an the
[���` day of I s I�. , 20�
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Tilt Wrecker
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ATT�ST: —
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Gloria Pearson
City Secretary
CITY OJ� FORT WORTH
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� ib� by W�son
Assistant City Manager
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APPROVED AS T4 FORM ��n.�zact �,u hoxi ation
AND LEGALITY
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Assistant City Attorney
ATTEST:
Corporate Secretary
Fred Morris, 1nc. dba Fred
Morris Wrecker
(Company Name)
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Fred Morris, President
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Tilt �Wrecker 12
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'�'��e fo��owe�g j-��es �nd � egui�tioa�s vviil �e �'o�Aowrec� lby AIC,]L �`d�•eeker ��mpanies
upon arriv�l �t tl�e Auta Pou�d.
1. The entry gate will not Ue blocked �y wrecicers waiiing to enter or exit the Auto
Pou�d.
2. No wrecl�er shall eiiter the ALtto �'ound wi�.� rna�•e thaa�. one (1) person/op�rator,
ui�iess authoi7zed by tha on duty sluft s2xpea.visor. Tlus will be done on a case by
case basis.
3. For safety reasoi�s, a Car Carriea- will be requued to off laad il�eir caxgo when
�ossible. Tl�is sha11 �e deteilnined Uy t�e o� duty supervisor,
4. Tilventories should be ha.ndled in an e�pedifiious manner whei7 possible. Hovcrever,
Auta Pou�d persox�nel aze required to do a coinplete and precise i�lventory of all
�roperty aild vel�.ic�es, A sp�cific tu11e fra�ne wouid Ue impassibie to iaistiiu�e.
5. No wrecicer driverlo�erator will assist with az�y i�iventory heing collducied by
Auta Pound persofu�el.
�. T�1� LIS� of Car Cairier�s, ext�a tinie, extra equipmeut, etc., s1�a1� be suUject to
a��roval i�y the Wr�cl�er Adnliriistrator or Auto Pound Su�ervisor.
7. Wxecicer drivers/operators/ov�iers sha11 be required to iallpw any directions or
ii�str�ictions given l�y Auto Potu�d personnel.
8. Wrecker Coi��par�y Owners shall a5S15� a.i1d co�}�ly with auy investigation
�erfoi-med by A�i�o Pound �ersoi�el or tlie Fort Worth Police Department in
regazds to tI�.ezr Gom.�any, d.river, operator and ar business without hesitation.
9. Violatio�zs of any o� tl�e aUove �-ules shali Ue subject to review by the Wrecl�er
Adininistrator or Au�o Pound �upervisor.
TIZe Auto Pou��d Su�ervisor or a Iiigller �evel o� co�unaud may deternune
disciplii�ary actioiz u� to a�d including tei7ninatioi� of contract.
C'ity of'�ort T�o�th9 T'exas
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DATE REFERENCE NUMBER LOG NAME PAG�
418103 . �_� �54,c� 35TOW5 1 of 2
SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON-
CONSENT TOVW[NG OF WRECKED �R ABANDONED VEHICLES FR�M MULTIPLE
VENDORS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council:
1. Au#horize contracts far Palice Department r�quested non-consent towing of wrecked or abandoned
�eF�icles from multEple vendors as required by Sectian 34-181 of the Code of the City of Fort Worth
(1986), as amer�ded; and
2. Autharize the contracts to begin April 8, 2Q03, and expire September 3Q, 2003, with options to
renew far faur additional one-year periods; and
3. Adopt #he attached supplementa! apprapriation ordinance increasing estima#e� receipts a�d
appropriations by $445,944 in the Genera[ Fund from a�ailable funds.
DlSCUSSION:
5ection 34-18� of the Code of the City of Fort Worth (198fi), as amended, required that aCl palic�
�epartment, non-cansent tows, shall be undertaken pursuant to contract, specifically executed between
th� City and a wrecker company. The Pub�ic 5afety Committee extensively re►►i�wed the new ra�es and
unanimously approved this recommendation on March 25, 2003.
There are three types of contracts. and rates as fallaws:
� Standard �aw trucks $�00
� Tiit bed/rollback tow #rucks $125
o Tandem taw trucks $180
Contracts will be execut�d with any �endor desiring ta perform nan-consent tows for fhe Police
Department, if they meet the contract requirem�nts such as towing operations bei�g the vendors
primary business, eq�ipment spec�fications, insurance, and a loca�ly licensed storage facility. �
The fees for services to be provided and assignment to one of four zones are �he same as contained by
City Code. The estimated expenditure far these services is $1.8 miElion per year including the
antieipated increase (of $446,944) for the remainder of the fiscal year bas�d on th� re�issd rates. This
increase wili be offset �y reuenu� cal�ec�ed as fees.
RENEWAL DPTIONS - These cantracts may be renewed for up to four successive one-year terms at
the Cifiy's option. This action does not require specific Gity Cauncif appraval provided the Ci�y Cauncil
C`ity o�f'�'ori Tfi�o�th, Texas
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DATE R�F�ERENC� NUMBER LOG NAME PAG�
4l8103 �_� g��,� 35TOWS 2 of 2
SUBJECT SUPPLEMENTAL APPROPRIATION ORDfNANCE AND CONTRACTS FOR NQN-
CONS�NT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTlPLE
VENDORS REQUIRED BY CITY ORDINANCE F�R THE POLlCE DEPARTMENT
has appropriated sufficient funds to satisfy the City's obfigation during the renewal term.
FfSCAL WFORMATl�NJCERTIFICATION:
The Finance Directar certifies #hat upon appro�al and completion of the above recommendations and
the adoption af the attached supplemental apprapriatEan ordinance, funds will be a�aifable in �he currenf
operatir�g budget, as appro�riated, of tha General Fund. �
LW: r
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Submitted for City Manager's
Office by:
I.,ibby Watsnn
Ori�inating Department Head:
Raiph Mendoza
Additional Information Contact:
Susan AEanis
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48386 {fi�am)
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ACCOUNT I CEIYTER I AMOUNT I CITY SECI2ETARY
53912p
aszs2a
b39120
D353403 $446,944.04 �
0353403 $446,944.00 �
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APPROV�D 04/08/03
03534fl3 $446,944.Qp OKb.# I55I7