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HomeMy WebLinkAboutContract 28633s� Y ':!i"Y ���R�ii�I�Y CONTRACT FOR T4W TRUCK SERVI��������' �•___���. (STANDARD SERVICE) WHEREAS, the City of Fort Worth occasianally r�quires #he serv�ces of tow trucks; and WHEREAS, such tow frucfc services are necessary fo protect the safety of ti�e citizens o# the City of Fort Wnrkh, NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City of Fort Worth, hereinafter referred to as "City", acting herein by and through Libby Watson, its duly authorized Assistant City Manager, and Fre� Morris, Inc. dba Fred Morris Wrecker, hereinafter referred to as "Company", acting herein by and through F'red Marris, its du{y authorized Presid�nt, agree as follows: 1. SERVICES City hereby eo�tracts with Company to provide police pull towing service. As used herein, "police pull" shall mean tha� the Fort Worth Police Department has called Company from the rofation list to eifher remove a wrecked or disabled vehicle or to remove a vehicle in a safe driving condition, but the owner is not present, able or p�rmitted ta drive or to make authorizatio�s. 2. TERM The initial term of this contract shall expire on 5eptember 3D, 2003. In addi#ion #o tf�e initial term of this contract, there shall be faur optians to renew for terms of one year each, unl�ss earlier terminated as hereinafter pro�ided. R�newal shall oecur upon City including in its budget for the o�tions years sufficient ft�nds to pay for its �bligations hereunder and Company pro�iding proof of in�urance to Cify. 3. COMPENSATION 3.1 Compensation. As compensation for providing the services contemplated by tnis Contract, City agrees ta pay Company as fo�l� ,�,� J � �tl�. �������� � ��. '��'����, ��� a) Towaqe. A charge of One hundred Dollars ($�QO.Oa) for tawing such �ehicle from one point on a street to ar�other location within the corporafe limits of the city as directed by fihe police d�par�ment ai the place where the tow originated; such charge includes one-half hour of extra work. b) Second tow truck. In the event the �olice officer at the scene determines that a second tow truck is required, a charge of �ne hundred dollars {$100.a0) per F�our, with a minimum charg� of one hour, billed in increments of fift��n (15) minutes while at �he scene of the police puU. A police supervisor sha[I ap�rove the use of a secon� tow truck. Travel time is excluded. c) Extra wark, An additional charge o# ane hundred dollars ($'1�0.00) per haur, with a minimum charge of one hour, charged in increments af fifte�n (15) minutes, for removing vehicl�s that are off the sfreet right-of-way, such charge to be made from the time the operator begins to remove th� �ehicle untif it is or� the traveled portion of fY�e street. Even though the vehicle is within the strest right-of way, ar� additional cF�arge may be made if �he �eh�cle is located in snme �nusual condition within the righf-of-way, such as, but not limited to, a ri�er or a creek beci or a ditch of greater depth than the ordinary bar ditch. Extra work shall only be aflow�d when authorized by a police officer at the scen� of the pull. The charges for such extra work shalf be review�d and approved by the Auto Pound Wrecker Administrator. Extra work excludes travel time, wait�ng time and clean-up time. d) Us� of a do[Iv. No additional f�e shall be charged for the use of a dolly. e} Handlinq hazardous materials. When the cargo of any motor v�hicle or trailer includes expEosive, nuclear, radiaactive, hazardous or corrosi�e mat�rials, as defined by the Environmenta! Protection Agency, Texas Depar�ment of Transportation, ar the Texas Commission on Environmental Qtaality, a fee equal ta one hundred-fifty (150) percent of the charges which may be assessed pursuant to subparagraph "a" above. In addition, a charge may be made for ex�enses incurred related to protective clothin� and any Standurd Wrccl<er 2 Pnge 2 of I Z other supplies or equipment used in handiing s�ach materials, such charge being equal to the actual amounts incurred plus fifteen (15) percent. f) Nothing cantained herein shall be construed so as to obligate City to expend any sums of money. Further, nothing co�tained herein shall be consfrued so as to guarantee to Company tnat City will contact Company for any towing services contemplated by this Contract. 3.2 Invaicina and Pavment. Company snall Invoice Gifiy once per month. Company shall include with the invaice such documents as may be rsasonably requested to provide evidence of the services provide� to the City, which at a minimum shall include copi�s of the wrecker selection form signed by the officer at the sc�ne of the Police pull andlor �ersonnel at the Fort Wor�h Aufo Pound. Such invoice shall be subject to tne review and approval of appropriate City personnel. City snall remit payment to Campany not more than thirty (30) days following approval of invoice. 3.3 Compensation Review. City shall review on an annual basis the compensa�ion pravide� for hereunder, with the first such r�view #o be conducted during the manth of August 20D3. Similar reviews shall occur in August of each succeeding year that this contract is in effect. City shall make adjustments in the compensation bas�d upon increases or decreases in the cost of doing business, taking into consideration fuel, insurance, la�or, and such ofiher costs as may be relevant to the operation of a towing business. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Company shall maintain at all times the following vehicles and equipment in working condition: a) A minimum ofi two (2) wreckers, on� of which shall be nat less than 94,000 pounds gross vehicle weight and one of which shalf be not Iess than 10,OQ0 pounds gross vehicle weight, dual rear wheels, equipped with a hydraulic operated winch, winch lines, and a boom rated af nof less than 8,Q00 pound lift capacity and a wheel lift device rated at not less than 2,5Q� pounds. 5tanciard IWrecicer � Page 3 of 12 h b) At a minimum, all wreckers shall be equipped with the following equi�ment, which at all times shal� �e maintained in working order: 1) 2) 3) 4) 5) 6} 7} 8) 9} 10) 11} 12) 13) 14} Tow bar Towing lights Emergency overhead warning lights (red or amber color only) Safety c�ain Fire extinguisher, A.B.C. Type Wrecking bar Broom Ax 5hovel Reflectors ar traffic cones Trash container Two way v�ice or computer communication between tow truck and Company dispatcher Backing warning signal Wheel chocfcs c) Each wrecker shaEl hav� the identifying markings required by the Texas Transpartation Code, se�tion 642.002. in additian, each wrecker shall provide Notice of Gomp[aint Procedures to the owner of a tawed �ehicle as outlined by the Texas Depar�ment of Transportation Ru�es and Regulations as contained i� �}3 Texas Administrative Cod�, Chapter �8, subchapter 18.89, as same may be amended from time to time. d) Each tow truck and the required equipment shafl be inspected by the Chief of Police or his authorized designee prior to beEng used for services cantempkated by this contract. In addition, each tow truck and the required equipment shall be subjecf fv intermittent inspection to assure compliance with this contract. 5tandarc� Wrccicer 4 1'age 4 of 12 , ; �� INSURANCE REQUIREMENTS Company sY�all maintain insurance from insurers acceptabfe to City of the following types and amounts: 5.� Commercial General �iabilify $500,000 each occurrencs $500,000 aggregate or Garage Liabi[i�y $5Q0,000 each accident, other fhan auto $500,QOQ aggregate 5.2 r4utomobile �iability $500,OOa eaeh accident, combined single limit This coverage shall include all vehicles owned or non-owned that are operating under Company's operating autharity. 5.3 CargolOn-Hook $30,000 per unit Coverage shall incl�de bot� the unit being towed and its contenfs. Units covered shall include but not be {imited to motor vehicles, trailers and boats. Coverage shall be written on a direct primary basis. 5.4 GARAGEK�EP�R'S �IA�I�I�Y $30,000 per unit 5.5 INorker's CompensationlAccident Ins�rance Coverage shall meet the minimum requirements of state [aw as con- tained in the Motor Carrier Rules and Regulations. 5.B Current insurance cer�ificates sha[I remain on file with trie City during ihe term of fhis Contract. Insurance cov�rage may, at the sole discretion of the City, be r�vised upward upon thirty (3Q) days prior written notice to Company. Policies shall be endorsed as foilows: Standard wrecker 5 Page 5 of 12 i 1 a} Th�; City, its offiicers, employees and s�rvants sha11 be endarsed as an additional insured on all policies excepf employer"s liability insurance coverage under the work�rs' compensation insuranc� policy. U} Certificates of insurance shall be deli�ered to the supervisor of the Ci#y of Fort Wo�th Auto Pound, 1309 E. Northside Drive, Fort Worth, TX 761 a2, prior to any work being perFormed under this contract. c) Any failure an part of the City to request required insurance documentatian s�all nof constitute a waiver of the insurance re�uiremen#s specified herein. d} Each insurance policy shall be endorsed to provide the City a minimum thirty days no#ice of cancellation, no�-renewa[, andlor material change in policy terms or caverage. A ten days natice shal[ be acceptabfe in the event of non-paymeni of premium. e) lnsurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and snlvency. f) Deductible fimits, or self-funded retention limits, on each policy must not exceed $1 D,000.00 per occurrence unless otherwise approved by the City. g} Other than warker's compensatior� insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures thraugn insurance pools or risk retention groups. The City must approve in writing any alternative co�erage. h) Workers' compensation insurance poficy(s) coverirtg employees shall be endorsed with a waiver pf subrogation providing rights of reco�ery in favor of the City. i) City sha�l not be responsib[e for the direct payment of insurance premium costs. j} Insurance policies shall each be endarsed to provide that such insurance is primary protection and any seff-funded or commercia[ coverage maintained by City shall not be called upon to contribute to loss recovery. 5tandard Wrecker 6 k'�ge G of l2 1 f k) Company shall repor�, in a timely manner, ta Cify's officially designated contract administrator any known loss c�ccurrenc� which could give rise to a liability claim or lawsuit or which could result in a pro�erty loss. I) Company's liability shal� not be fimited to the specified amounts of insurance required nerein. m) Upon the request of City, Company shall provide complete copies of all insurance po{icies required by th�se contract documents. 5.7 In tf�� event a state or fed�ral faw, rule or regulafion p�rtaining to wrecker service companies aperating withir� the State of Texas exceed insurance requirements specifi�d herein, such state or federal faw, rule or regulation shall prevail for the respective type of insurance coverag� andlor limit thereof. 6. DUTIES AND RESPONSlBILITIES OF COMPANY Campa�y, during the term of this contract, shall perform the following duties and have fhe following r�sponsibilities: a) Maintain as its primary business the towing of vehicles o�- trailers by wreckers meeting the requirements ofi paragraphs 4(a) and 4(b} above. "Primary business° shall mean fhat Company recei�es more #han fifty per-cent {50%) of it gross re�enues from the taw�ng of vehicles and trailers. All of company's records shall be open to reasonable inspection, both at the fime of exeeUt�on of fhis agreement and at any #ime during the term hereof, to verify eompliance witn this condition. b) Maintain a currently licensed vehicle storage facility foca�ed within the corporate limits of the City. "Vehicle storage facility" shal! mean a facility operated by a person licensed under Arkicle 6687-9a, Revise� Statufes. c) Maintain business aperatian twenty-four (24) hours a day, seven days per we�k. d) Respond to all calls cantemplated by this contract within thirty (30) minutes of notification, except in exfraordinary situations where delay is caused by Ece, snow or ofher weather related conditians. In the event Company fails ta respond as required, City may notify another wr�clter company and Company 5tandard Wrecker '� Page 7 nf l � shall nat be entitled to the compensation to which it would have been entitled had ii arri�ed timely, e) Maintain on file with the City the name af the owner, preside�t or chief executive officer, business address, and telephone number; #urther, Company shall notify the City of any change of ownership, president or chi�f executi�e offieer, or change of address within five (5) business days of any such chan�e. f) Deliver the motar vehicle being towed to the lacation within the corparate limits of City designated by the police officer at the scene of ihe pull. Defiv�ry shall be made witl�aut delay or detour. g) Fully cooperate with any investigation conduc#ed by the City regarding complaints against Campar�y, whether or no# suci� complaints arise out of services contemplated by this Contract. h) Shall not becom� delinquent in the payment of any taxes due to City. i) SY�all not go to any accident scene unless �he Company has been called to the scene by the owner or operator of a vehicle or an authorized representative of same, or by the City. j) Completely remove ail debris resul#ing from any acc�dent to whic�t the Company is responding. Removal of debris shail not be considered complete by merely sweeping it to the curb[ine. k) Sha!{ not solici� any wrecker business within the corporate limits of City at the scene af a wrecked or disabled vehicle, regardless of wY�ether the solicitaiion is far the purpose of soliciting the business of towing, repairing, wrecking, staring, trading, ar purchasing the vehicle. I) Shall only employ drivers of tow trucks authoriz�d to operate same. m) Provide the Police Pound personnel with an in�oice at the time the vehicle i� delivered to the Auto Pound togefiher with the signed wrecker selection form to be provided. 7. TERMINATION AND SUSPENSION 7.1 This contract may be ferminated or suspended by City far any of the following causes: Standard Wrecker g I'age $ ol' I 2 , a) Violatian of any term andlar condition specified in this contract. b) Failure to notify the Communications Division of the Police Department within fifteen (15) minutes from the time of notification if the Gompany will be unable ta respon� within the thirty (30) min�tes allotted for a response to a call far wrecker service. c) Permitting a tow truck to be aperated by anyone while under th� influence of alcohol andlor drugs. d) Permitting a tow trucEc to be operated by artyane whose operator's license is suspended. e) Transferring or assigning any ca�! for se�vice to any other company f) Any sustained complaint of th�ft by personnel of Company while acting in their capacity as employees of Company, wheth�r occurring during a police pull or otherwise. g) Any sustain�d complaint of threats made by personnel of the Com�any while acting in their caPacify as employees of Campany rrmade against third par�i�s during a palice pull or otherwise. h) Failing to comp�y with all directions of police personnel at the scene af a police pu[! or eivil�an employee at the Police Paund. Company may request a police supervisor to validate any such direction gi�en. i) Five {5) passes within a thirty (3Q} day geriod. Pass in this paragraph shall mean Company failing to not�fy the City of its inability to respond to a raquest for service as r�quired by paragraph 2 above. j) Ten (10} passes within a thirty (30) day periad. Pass in this paragraph shall mean a Company notifying the City of its inability to respond to a request for servic� as required by paragraph 2 a�ove. k) Violation of any rule or regulation contained in Exhibit "A" attached hereto. I) Failure to comply with any state or federaf law or city ordinance r�lat�� to th� op�ra�ion of a wrecker company. 7.2 City shall notify Company in writing af i�s infent to terminate or suspend for caus� twenty {20) days prior to such suspension or t�rmination. Company shall have the righf to request a hearing before the Chief of Police or his designee 5tandard Wrecker 9 Page 9 of l2 � � regardin� the intent to terminate or suspend for cause by requ�s#ing a hearing in writing within five (5) business days after receipt of notice of inf�r�f to terminate or suspend. A h�aring shall be conducted within fifteen (15) days of t�e request for hearing. The City, in its sole discretion, may tem�ararily suspend this contract during any appeals process. 7.3 In t�te 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 twelve (12} months. 7.4 In the event City suspends or terminates tnis confract far cause, and fhe ca�se for such sus�ension or termination �s �etermined to be invalid, Company's sole remedy shall be reinstafement of this contract, Campany ezc�ressly waives any and all rights to monetary damages, including but no# limifed to actual and �unitive damag�s, court cosfs and attorn�y's fees. $. {NDEMNIFICATION With regard to any liability whicf� migY�t arise hereunder, City and Company a�ree that they sha[I be soleiy and exelusively lia�le far tne negligence of its own agents, servants, subcontracfors and employees and that neither party shall look to the other �arty �o save or hal� it harmless for the consequences of any r�egligence on the pa�t of one of its own agent, servant, subcontractor or employee. Noth�ng contained h�rein shall be construed to be a wai�er by Cify ofi any right of prot�;ction that it enjoys und�r applicable State or Federal law. 9. ASSIGNMENT Company shall not assign, transfer or sublet this Contract or any por�ion hereof to any party without the prior written consenf of City that shall not be unreasonably withhefd. Any such assignment, transfer or sublet�ing of this C�ntracfi without the consent of the City shall be void and shall operate as a termination hereof, Standard Wrecker 1 � Page 14 of l2 � a. ZONES AND ROTATfON LIST 10.1 City shall divide the city into four (4) zones that shall correspon� to the four (4} patrol di�isions. Company sha�l be assigned ta t1�e zone or an adjacent zone in which it mairttains its principal place of business. 10.2 City shalf create a rotation fist within each of the four (4) zones that will dictate the order in which wrecker companies are contacted. 10.3 City may request Company to conduct a police pull within any zone, and Company agre�s fo use its best efforts to arrive af the scene of the police tow within thirty (30) minutes. 1�. INDEPENDENT CONTRACTOR It is understood and agreed by the parties hereto that Company shaff perForm all wark and services hereunder as an independent cor�tractor, and not as an afficer, agent, servant or employee af the City. Company shall have exclusive control of and the exclusive right to confral the details of the work or service to be performed hereunder, and aIl persons performing same on behalf of Company, and shall be sa[ely responsible for the acts and omissions of its ofFicers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between the City and Company, its offcers, agen�s, servants, employees, contractars and subcontraCtors, an� nathing herein shall be consfrued as creating a partnership or joint venture between the parties hereto. 5tandard Wrecker i l Page l l of 12 �� 1n witness whe of, the parties hereto have executed this Confract on the �� day of , 20� ATTEST: CITY O� �QRT WORTH � , . �rr r� , , , � i � ��'�°�1►a� Gloria Pearson C�ty Secretary APPROVED AS TO FORM AND LEGALlTY l� Ass�stant City Att rn�y ATTEST: Corporate Secretary B� , � 1 � � , a!ft�by W t�n Assistant City Manager � � � �� � 11 � � l� 'J R _ .-. :�nt�ac� Authorization ` �� ��-_� 4r'_�....._._.s 7F2t.F' Fred Morris, Inc. �ba Fred Morris Wrecker (Company Name) � By: Fred Morris, President Slandard Wrecker 1� Page 12 of 12 � .. � i �J � _ ' .�uu � ,,:�ti..w1���� � ��� ����.�,J�°?��, ���, ����.��� � 1�U'�� 1� ��� '�`ks� f����wi�g �-u��s ��t� Yeg�Y�tiosls �ill be �ol�avved by A�,]� `'+�rec]�er Copnpanies upoa� arrival �t the Auta Pound. 1. Tlae entry gate will not be blociced by wrecicers vva.iting to enter or exit tile Auto Poiu�d. 2. No wrecicer shall ezate� the Auto Pound witl� inare tl�an al�e {1} person/o�erator, u�lless authoi�ized by the oi� duty shift supeivisor. This wiil be do�e on a case by case basis. 3. For safety reasons, a Car Carriex will be required to off load their cargo wl�en �ossible. This shall �e detei-mined vy the o� duty supervisor. 4. I��ventories shotiild be lzaildled in an expeditiolts inaruzer when �ossible. However, Auto Pouizd �ersoiuzel are requixed fo do a complete and precise iilveiitory a£ all �roperty a7�d �el�icles. A specifie tinle frame would b� iinpossible to iustitute. S. No v,necicer driver/operatar will assist wit1� a.uy i�ventary �ei�� conducted by Auta Pound ��ersor�lel. 6. The use of Car Canzers, extra time, exfaa equipment, etc,, shall �e sttUject to approval by the Wrecl�er Adinulistrator or Auto Potla�d Supeivisor. 7. Wrecl�er drivers/apez'ators/owners shall be required to foilow any directio�s ar i�ist�-uctioiis given by Auto Po�.uid pe�soiulei. $. Wreckex Coiupaxiy Ow�ers shal! �5515'� and comply with any investigation perfon-�3ed l�y Auto PoL�nd persoilnel or the Fork Worth Palice Departmeni in rega.�ds to tlieir compal�y, driver, aperator and or busis�ess without llesitaiion. 9. Violatioils of any of tl�e above rules sl�all Ue sl�bject tQ review by the Wrecker Adininis�rator ar Atirto Pound Supe�visor. The Aufo PoLu1d Su�ervisor nr a.higiler lewel of conun�ld may detenx�ine disciplzx�ary actaai� t2� to and includiilg tenllination of coaat�act. �`it,y af �'ort YTjo�th9 Teacas �y�� ��� �����;� ������;������ DAT� REF�RENCE f�UMB�R LOG NAME PAGE 418I03 C�i 9�44 35TOWS 1 of 2 suB��c`r SUPPLEMENTAL APPR�PRIATION ORDINANCE AND CONTRACTS FOR NON- CONSENT TOWING OF WRECKED OR ABANDONED VEHICL,ES FROM MULTIPLE VENDORS REQUIRED BY CfTY ORDINANCE FOR THE POLICE DEPARTMENT RECOMMENDATIQN: It is recommended that the City �auncil: 1. Aut�orize contracts for Police Department requested �on-canserit towing af wrec�ed or abar�dor�ed vehicfes fram muliiple �endors as required by Section 34-181 of the Code of the City of Fort Wor�h (1986), as amended; ar�d 2. Authorize the contracts to begin April 8, 2003, and expire September 30, 20Q3, with options ta ren�w for four additional one-year periods; and ', 3. Adop# the attached supplemental appropriation ordinance increasing estimafed receipts and appropriations by $446,944 in the G�neral �und from available fur�ds. DISCUSS[ON: 5ection 34-181 af th� Code o� the City of Fort Worth (1986), as amended, re�uired that all palice department, non-consent tows, shalf be under�aken pursuant to contract, specifically executed beiween tfi�e City and a wrecker company. The Public 5afety Committee ex#ensi�ely reviewed the new �at�s.and unanimously approved this recommendation on March 25, zaa�. There are three types of contracts and rates as foUows: � Siandard tow trucks $100 o Tilt bedlrollbac�C tow #rucks $125 � Tar�dem tow trucks $180 Confracts wifl be executed with any vendor desiring to perform non-consent tows for the Police Department, Ffi they meet the contract requirements such as towing operations being the vendors primary business, equipm�nt speeifications, insurance, and a locally licensed storage facility. The fees far servic�s to be pro�ided and assignment to one of four zones are th� same as cantained by City Code. The estimated expendifure for these services is $1.8 miElion per year including the anticipated increase (of $4�6,944) far the remainder of the fiscai year based an t�e re�ised rates. T�is increase will be offset by revenue colfected as fees. R�NEWAL OPTiONS - These canfiracfis may be renewed for up to #our successi�e one-year terms at the Ciiy's option. TF�is action does not require specific Ciiy Council ap�roval pro�ided the City Cauncil �`ity of ' �'o�t Worth, T'exas ���� ��� �,�u�c�[ ��������c����n DATE R�F�i=2�NC� NUMBER LOG fVAME F'AG� 4l8103 ��� ���� 35TOWS I 2 of 2 SUBJECT SUPPLEMENTAL APPROPRIATION ORDINANCE AND CONTRACTS FOR NON- CONSENT TOWING OF WRECKED OR ABANDONED VEHfCL�S F'ROM MIJLTIPLE VENDORS REQUlRED 6Y CITY ORDINANCE �'OR THE POL.IC� �EPARTMENT has appropriated sufficient funds to satisfy the City's abiigation during fhe renewal term. FISCAL INFORMATlON/GERTIFICATION: The Finance Directar certifies that upon approval and completion of the abave recommendatior�s and the adoption af the attached supplemental appropriation ardinance, funds will be availab[e in fhe current operating budget, as apprapriated, of the G�neral Fund. LW;r 5ubmitted for City Manager's Oftice by: � �uN� (ta) GG01 .6183 CCp1 48386 I (fram} I GG01 ACCOUNT � CENT�12 539120 0353403 462624 0353403 I AMDUNT $448,944.00 $44fi,944.0� Libby Watsan Originatin.g Department I�ead: Ralph Iviendoza Additional lnfarmation Contaat: Susan Atanis � 7$262 I C1TY SECRETARY � APPRQVED 04�OS/03 539120 �353403 $446,944.00 I ORD.# 15517 � � �