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HomeMy WebLinkAboutContract 28634s t � , . . ,. �IiY �EC����A��1f �b CONYRACY � � � �� CONTRACT FOR TQW TRUCK SERVICE (TILT BEDIROLi. BACK) WHEREAS, the City nf Fort Vl�o�th occasionally requires the services of tow trucks; and WHEREAS, such tow truck services are necessary to pro�ect �he safety of the citiz�ns of the City o�F Fart Workh, NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City af Fort VVorth, hereinafter referred to as "City", acting h�r�in by and t�rough Libby Watson, its duly authorized Assistant City Manager, and American Texan Auto Center. Inc. dba American Roadsi�e, hereinafter referre� to as "Company", acting herein by and through Ken Elkomous, its duly autho�ized President, agree as fol[ows: 3. SERVICES City hereby contracfis with Company to provide police pull towing service. As used herein, "police pUll" shall mean that the Fort Worth Police Department has cafled Company from the rotat�on list to either remove a wrecked ar disabled vehicle or to remove a vehicle in a safe driving condition, but the awner is not present, able or �ermit�ed ta drive ar to make authorizations. 2, TERM The initial term of this contract shall expire on September 30, 2003. In addition to the initial term of this coniract, f�ere shalE be four nptians to ren�w for terms of one year each, unless earlier terminated as hereinafter provided. Renewal sha[I occur upon City including in its ��dget for the options years sufficient funds to pay for its obligatians hereunder and Com�any providing proof af insurance to City. 3. COMPENSAT[ON � � 3.1 Compensation. As compensatian fior providing the er�.��� ��'�� i� � � �� contemplated by this Cflntract, City agrees to pay Compar�y as follows: I � � , , a} Towaqe. A charge af one hundred twenty five dollars {$125.00) for towir�g such vehicle from one point on a street fo another locatio� within the corporate limits af the city as directed by the paiice afficer at the place where the tow originated; such charge ir�cludes one-half hour of Extra Work. In the e�ent Company responds to the scene of a police pull with a tilt bedlroll back truck when the police pufl cauld have been accomplished with a standard tow t�uck, Company shall be entitled to the reduced cnarge of One hundred dolEars ($100.OQ}. b) Second tow vehicle. In the event the police officer at the seene determines that a standard tow vehicle is required in addition to the tilt bedlroll back truck, a charge af One hundred Dollars {$100.00} per hour, with a minim�m charge of one hour, billed in increments of fifteen (15} minutes while at f�e scene of the police pull. A police supervisor shafl approve the use of a second tow truck. Tra�e1 time is excluded. c) Extra work. An additional charge of One hundred dollars �$1Q0.00) per hour, with a minimum charge of one hour, charged in increments of fi#teen (15) minutes, for removing vehicies. that are off the street right-of-way, such charge to be made from the time the operator begins to remove the vehicle until it is on the travele� portion of the street. Even though �he vehicle is within the street right-of-way, an additional charge may be made if the vehicle is located in some unusual condition within the right-af-way, such as, but nat limited to, a river or a creek bed or a ditch of greafer depth than the ordinary bar di#ch. Extra work shall only be aflowed when authorized by a police officer at the sc�ne of the pull. T�e charges far such extra wark sha{I be reviewed and approved �y the Auto Pound Wrecker Administrator. Extra work excludes travel time, waiting time, and clean-up time. d) Handlinq hazardous mafieriafs. When fhe cargo of any motor �ehic�e or trailer inc�udes explosive, nuclear, radioactive, hazardous or corrosive materials, as defined by the Environmental Protect�on Agency, Texas Departm�nt of Transportation, ar the Texas Commission on En�ironmental Quality, a fee equa[ to one hundred-fifty (150) percent of the charges Tilt Wrec[cer 2 fage2oFl2 , permitted under subparagraph "a" above. ln additian, a charge may be made for expenses incurred related to �rotective clofning and any ofher supplies or equipment used in handling such materials, such charge b�ing equaf io the actual amounts incurred plus fifteen {15) percent. e) Nothing contained herein shall b� constru�d so as ta obligat� City ta expend any sums af money except for work actually performed. Ft�rther, nathing contained h�rein shall be cons�rued so as to guarantee that Gity will contact Company far any towing s�rvice cont�mplated by this Contract. 3.2 Invoicinq and Payment. Company shall Invoice City once �er month, Company snall include with the invoice suc� documenfs as may be reasonably requested to provide evidence of the services provided to the City, which at a minimum shall include copies af the wrecker selection form signed by the officer at the scene of the police pu11 andbr personnel at the Fort Worth Auto Pound. Such invoice shall be subject to the review and approval of appropriate Cify personnel. City shall remit payment to Company rtat more than thirty (3fl) days fallowing 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 conducted during the month of August 20Q3, Similar reviews shall occur in August of each succeeding year that this contract is in �ffect. Cify shall maKe adjustments in the campensation base� upon increases or decreases in the cost of doing business, ta�Cing into consideration fuel, insurance, labor, ar�d such other costs as may be relevant to the operation of a towing business. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Company shall maintain af all times the following vehicles and equipm�nf in working condition: a) A minimum of one (1) tilt bedlroll back dual rear wheel wrecker rated at not less than 14,000 pounds gross veh9cle weighi. b) At a minimum, all wreckers shall be equipped witt� the follawing equipment, which at all times s�all be maintained in working order: Tilt Wre�lcer P�ge 3 of 12 � r � � } 2) 3} 4) 5} 6) 7) 8) 9) 10) ��} 12} 13} 14} � 5} Tow bar Towing lights Emergency overhead warning lights {red or amber color only) Safety chain Fire extinguisher, A.B.C. Type Wr�cking bar Broom Ax Shovel Reflectors or traffic canes Trash container Two way voice or computer communication between tow truck and Company dispatcher Backing warning signals W h�e1 chacl�s Traffic cones c) Each� wrecker shalf have the identifying maricings required by the Texas Transportation Cod�, section �42.002. ln addition, each wrecker shall provide Notice of Complaint Procedures to the owner of a towed �ehicle as outlined by the Texas Depa�tment of Transporiation Rules and Regtal�tio�s as contained in 43 Texas Administrative Code, Chapter 18, subchapter 18.89, as same may be amended from time ta time. d) Each tow tr�ck and the required equipment shal� be inspected by the Chief of Police or his authorized designee prior to being used for senrices contempla�ed by this contract, In addition, each taw truck and the required equipment shall he subject to intermitfent inspection to assure compliance with this contract. Til! Wrecker Yage 4 of ] 2 0 5. INSURANCE REQUIREM�NTS Company shall maintain insurance of the following types and amounts from insurers acceptable ta the City: 5.1 Commercia� General Liabilify $500,000 �ach occurr�nce ��aa,00Q aggregate or Ga�-age Liability $500,�0� each acci�ent, other than auto $500,000 aggregate 5.2 Automobile Liabili#y $500,OaD �ach accident, combined single limit This coverage shall include all vehicles owned or non-owned that are o�erating under Company's operafing authority. 5.3 CargolOn-Hoak $30,000 per unif Cov�rage shall include both the unif being towed and its contents. LJnits cov�red shal! include but no� be limited ta motor vehiefes, trailers and boats, Coverag� shall �e written on a�[rect primary basis. 5.4 �ARAGEKEEPER'S Llr4BIL[TY ��a,oaa ��r un�t 5.5 Work�r's CompensationlAccident lnsurance Coverage shall meef the minimum requirements of state faw as can- tained in fhe Motor Carrier RuEes and Regulations. 5.6 Current insurance certificates shall remain on file witE� the City during the �erm of this Contract. Insurance caverage may, at the sole discretion of the City, b� r�vised upward upon thirty {30) days prinr written notice to Company. Policies sF�all be endarsed as follows: Tilt Wrcciccr I'age 5 of 12 � a) Th� City, its officers, employees and servants shall be endorsed as an additional insUr�d on all policies except employer's liability insurance coverag� under the woricers' compensation insurance policy. b) Cer�ificates of insurance shall be delivered to t�e supervisor of th� City of Fort Worth Auta Pound, 9301 E. Northside Drive, Fort Worth, TX 76�02, �rior to any work being pe�formed under this contract. c} Any faiiure on part of the City �o request required insurance dacumentation shail not consfitute a waiv�r of the insurance requirements specified herein. d) Each insurance policy shall be endorsed fo provide fhe City a minimum thir�y days notice of cancellation, non-renewal, andlor materia! change in policy terms ar coverage. A ten days notice s�all be acceptable in the event of nan-payment of premium. �) Insurers must be aufharized to do business in the State of Texas and have a current A.M. Best rating of A: Vll or equivalent measure of financial strength and salvency. f) Deductible limits, or self-funded retention limits, on each policy must not exceed $10,0�0.00 per accurrence unless otherwise appraved by the City. g} Ot�er than worker's compensation insurance, in lieu of traditiona[ insuranc�, City may co�sider alternative coverag� or risk treatment measures thraugh insurance pools or risk retentian groups. Tha City must approve in writing any alternative coverage. h) Warkers' compensatian insurance policy(s) covering employees sha{I be endorsed with a waiver of subrogation providing rights o# recavery in �favor of the City. i) Ci�y shall not be responsible for tY�e direct payment of insurance premium costs. j} lnsurance paficies shall each be endarse� to provide that such insurance is primary protection and any self funded or commerc�al coverage maintained by City shall not be called upan to corttribute to loss recovery. 7'il[ Wrecker Page G of 12 � k) Company shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence whicn could give rise to a lia�ilify claim or lawsuit or which cauld result in a property loss. I) Company's [iability shall not be limited to the specified amounts of insurance required herein. m) Upon the request of City, Company shal! pravide camplete copies of all ir�surance policies reqUired by these cantract dacuments. 5.7 In the event a sfata ar federal law, rule or regufation pertaining to wrecker service companies operating within the 5tate of Texas exceed insurance requirements specified nerein, such state or federal law, ru[e or regulation shall prevail #or the respectEve type of insurance coverage andlor limit tl�ereof. 6. DUTIES AND RESPONSIBILlT1ES OF COMPANY Com}�any, during the ferm of this contract, shall perFo�m the foilowing duties and have fhe following responsibilities: a) Maintain as its primary business the towing of ve}�icles or tra3l�rs by wreckers meeting fhe requirements of paragraphs 4�a} and 4(b} above. "Primary business" shall mear� that Company receives more than fifty per- cent (50%} of if gross re�er�ues from the towing of vehicles and firai[ers. All of com�any's recards shall be open to reasonable inspection, bath at the time of execution af this agreement and af any time during the term hereof, to verify compliance wifh this condition. b) Maintain a currenfly licertsed �ehicle storage facility [ocated within the corporate limits of ihe City. "Vehicle storage facility" shall mean a facility operated by a person under A�ticle 6687-9a, R�vis�d 5tatutes. c) Maintain E�usiness operation twenty-four (24) hours a day, s�ven days �er week. d} Respond to alf calls contemplated by this contract withiri thirty (30j minutes of notification, exc�pt in extraordinary situations where delay is caused by ice, snow, or other weather re[ated eondifions. In th� event Company fails to Tilt Wrccicer 7 Page 7 oF l2 r�spond as r�quired, City may notify anather wrecKer company an� Compa�y sE�all nat be entit{ed to the compensation to which it woul� hav� b�en entitled had it arrived timeky. e) Maintain on file with the City the name ofi the ow�er, president or chief ex�cutive officer, business a�dress and telephone number; further Company shall notify the City of any change of ownershi�, president or chief executive officer, or change of address within fi�� (5) business days of any such change. fi) Deliver the motor vehicle being towed to the locatio� within tf�e corparate limits of City designated by the police officer at the scene of the �ull. Delivery shall be made without defay or detour. g) Fully cooperate with any investigation canducted by the City regarding complaints against Company, whether ar not sUch complaints arise out of services contemplated by this Contract. h} Shall not become delinquent in the payment of any taxes du� to City. i) Shalf nat ga to any accident scene unless the Company has been caEled ta the scene by the owner or operator of a vehicle or an authorized represe�tative of same, or by the City. j) Completely remove ail debris resulting from any accident to whicn the Compar�y is responding. Removal of debris shal! not be considered complete by merely sweeping it to the curbl�ne. k) Shall not solicit any wrecker business within th� corporate fimits of City at the scene of a wrecked or disabled vehicle, regardless of whether the solicitation is far tf�e purpose af soficiting the business of towing, repairing, wrecking, storing, trading, or purchasing the vehicle. 1) Sha![ only emplay drivers af tow trucks authorized to aperate same. m)Provide the Palice Pound personnel with an invoice af the tim� the vehicle is delivered to the Auto Pound tagether with the signed wrecker selection form to be provided. Til! Wre�ker g Pug� S oC 12 7. TERMINATION AND SIJSPENSION 7.� This cantract may be terminated or suspended by the City fior any of th� following causes: a) Violation of any t�rm or condition s�ecified in this contract. b) Failure to notify the Communications Division of the Police Departmenf within fifteen (15) minutes from the time of nofification if the Company will be unable ta respond within the thirty (30} minutes allotted for a response to a wrecker call. c) P�rmitting a tow truck to be operated by anyone while under the inf[uence of alcohol andlor drugs. d) Permitting a tow truck to be operated by anyone whose operatar`s license is suspended. e) Transferring or assigning any call for s�rvice to any otf�er company f) Any sustained complaint of theft by personn�l of Company while acting in their capacity as emplayees of Company, whether accurring during a�olice pull or oti�erwise. g) Any sustained com�laint of threats made by personne! afi the Campar�y whife acting in their capacity as employe�s of Company made against third parties during a police pull or otherwise. h) Failing to comply with al! directions of pol�ce personnel ai the scene of a police pull or civilian nr police personnel at ti�e Police Auto Pound. Company may r�quest a palice su�ervisor to validate any such direction gi�en. i) Failure to camply with any state or federaf law or city ordinance related io the nperafiion of a wrecker company. j} Five (5} passes w�thin a thirty (3D) day period. Pass in this paragra�h shall mean Company failing to notify the City of its inability to respond to a request fior service as required �y paragraph 2 above. 1'ilt Wi�ecker (� Page 9 uf l2 k) Ten {10} passes within a thirty (30} day period. Pass in this �aragraph s�all mean a Company notifying the City of its inability to res�ond ta a requ�st for s�rvice as required by paragraph 2 above. I) Violation of any rule or regulation cantained in Exhibit "A" attached hereto. 7.2 City shall notify Company in writing af its intent to terminate or suspend for cause twenty (20) days prior to such suspension or fermination. Company shall have the right to requ�st a hearing before the Chief of Police or his designee regarding the intent to terminate or suspend for cause by requesting a hearing in writing within five (5) business days after r�ceipt of notice of intent to terminafie or sus�end. A hearing shall be conducted within fif�een (15} days of the request for hearing. The City, in its sale discretion, may femporar�ly suspend t�is contract during any appeals process. 7.3 ln the event this contract is suspended for cause, t�e susp�nsion shalf be for a period of time of not less than six �6) mont�s nor more than twelve ��2) months. 7.4 ln the event City staspends or terminates this contract for cause, and the ca�se for such suspension or termination is determined to be �n�alid, Cam�any's sole remedy shall be reinstatement of this contract. Company expressly waives any and all rights to monetary damages, including but not limited to actual and punitive damages, courk costs and attorney's fees. $. INDEMNIF'ICATION With r�gard ta any liability which mig�t arise her�under, City and Customer agree that they shall be salely and exclusively liable for the negligence of its own agents, servants, subcontractors and employees and that neither parky shall look to the oth�r parky #o save ar hald it harmless for the consequences of any negligence on the part of one of its awn agen#, servant, subcontractor or employee. Nothing contained herein shall be construed ta be a waiver by City of any right of protect�o� that it enjoys un�er applicable State or Federa[ [aw. 'i'ikL Wrecker 1D Pagc l0 af i 2 '� ASSIGNMENT Company shall not assign, transfer or sublet this Contract or any portian hereof to any party withouf the prior written consent af City ihat shall not be unreasonabfy w�thheld. Any such assignment, iransfer or s�b[etting of this Contract sl�all be void and shall operate as a termination hereof. 1 a. Z�NES AND ROTATI4N LIST A. Cify shall divide the city into four (4) zones that shall correspond to the four {4} patral divisians. Company shall be assi�ned to the zone or an adjacent zone in which it maintains its principal place of business. B. City shali create a rotat�on list withir� each of the faur (4) zones that will dictate the order ir� which wrecker compar�i�s are cantacted. C. City may requesf Company to conduct a police pull within any zone, and Campany agrees to use its best efforts to arri�e at the scene of the palice pull within thir�y (30} minutes. 1�. INDEPENDENT CONTRACTOR It is understood and agre�d by the parties hereto tnat Company shall perform all work and services her�under as an independent contraetor, and not as an of#icer, a�ent, servant or employee of fhe City. Campany shall have exclusive controf of and the exclusive right to control the details of the work or service to be performed hereunder, and all persons performing same on behalf of Campany, and shall bc� solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subconiracfars, licensees and invitees. The doctrine of respondeaf superio� shall not apply as between the City and Company, its officers, agents, servants, employees, contractors and subcontractors, and nofhing herein shall be construed as creating a partnershi� or joint �enture between the parti�s hereto. �In vvitness hereof, the par�ies hereto have executed this Contract an t�e 1 ��� day of , 2C�3. l'ilt Wrecker 1 1 Page ] l of 12 ATTEST: I 1 q ♦ �_lC��1� � _uJ ` � — � Glori� Pearsan City Secre�ary APPROVED AS TO FORM AND LEGALlTY %� l � Assistant �ity Attorney ATTEST: Corporate Secretary CITY �F. �ORT WC�F�TH , " ' .fJ By-; _, " `�ibby Vua�son Assistan� City Manager ,J ����_ _ -- - � ._. __�. ___ �oz��xa � A��kk�axi,��tiora � � ----�-- _ _ _, i��te Am�rican Texan Auto Center, Inc. dba American Roadside (Gompa�y Na } By: �� � Ken Elkomo�.5, President � J�: � �� � �� I �� , r ']'ilt Wrecker 12 Page l2 0l' 12 E�I��I'I' A ALT7C0 P�UIlTI� Tlie following t-ules and regulatioyis wiCl be followed by ALL Wrecker CompaYiies u�on �rrival at the Auto Pound. l. Tl�e entry �ate will not be blociced by wrecicers waifiing to enter or exit tlae Auto Pound. 2. No wrecl�er shall enter the Airto Paund witl� more tk�ar� one {1) person/operator, unless authorized by the on d�rty sIiift supervisor. This will be done on a case by case basis. 3. Foi safety reasans, a Car Carrier will be required to a�i load their cargo when possil�le. This shall be determii7ed Uy the on duty supeivisor. 4. In�ejltories shoulci be haildled in an expeditious mamler wl�en possible. However, A�.lto Pound persorulel are reqt�ired to do a complete aild precise inventory of al! property and velucles. A speci�c time frame would he impossib�e to institute. 5. Na wrecicer dri�verlo�erator will assist wit11 any inventory beirig conducted by AL}to �ound persannel. 6. The use of Car Carriers, extra tiine, exkra equipment, etc., shall be subject to approval Uy the Wrecker Admiiustrator or Auto Pound SL�pervisor. 7. Wrecicer diivers/oper�torslaw�iers shall be required to follow a�iy directiai�s or lll5�l"L1CilOI15 glV�ll 17y AL1t0 PDUllC� �1�f50111101, S. Wrecker Company Ovvners s1�a11 assist and comply with any investigation perfoi�ned by Auto Pou��d �aersoru�el nr the Fort Worth Police Depart�nent in regards to their company, driver, ope�ator and or business withotrt hesitation. 9. Violations af any af the above ntles shall be su�ject to review by tl�e Wcecicer Administratoc or Auto Pound Stitpervisor. The Auto 1'ound Supervisor or a l�igl�er level of coi���z�and ��-�ay deteimule disciplinary action up �o and iiicltiding termination of co�ltraci. �`ity of Fo�t W'orth, T'exas � �� ��d ��r���� ������;��t��n � � � �ATE REF�RENCE NllMBER LOG NAME PAGE 4181a3 �_� ���4 � 35TOW5 1 of 2 SUBJ�CT SUPPLEMENTAL APPROPRIATIDN ORDINANCE AND CONTRACTS F�R NON- CONSENT TOWfNG OF V1IRECKED OR ABANDOfVED VEHICLES FROM MULTIPLE VENDORS REQUIRED BY CITY ORDINANCE FOR THE P�L.ICE DEPARTMENT RECOMMENDATIDN� It is recammended that the City Cauncil: �, Authorize cantracts for Police Department requested non-consent tvwing of wrecked or abandoned vehicles from multiple �endors as required by Section 34-181 of the Code af the Cify of F'ort Worth (1986), as amended; and 2. Authorize the contracts �o begin April 8, 2003, and expire 5ept�mber 3D, 2003, with options to renew for four additional one-year periods; and ' 3. Adopf the attached supplemental apprapriafion ardiriance increasing estimafied receipts an� � appropriatior�s by $448,944 in the General Fund fram available funds. DfSCUS510N: 5ection 34-181 ofi the Code of the City af Fort Worth (1986), as amen�ed, required that all police � department, non-consent tows, shall be urtdertaken pursuank to contract, specificafly executed b�tween the City and a wrecker campany. The Public 5afety Committee extensively reviewed the new rates and unanimously apprnved this recommendation an March 25, 2003. There are three types of contracts and rates as follows: � 5tandard tow trucks $� 0� � Tilt �edlrollback iaw �rucks $125 o Tandem tow trucks $'�$Q Canfracts will be executed wifh any vendor desiring to pertorm non-consent tows for the PoEice Departme�t, if they rrieet the contract requirements such as fowing operations being the vendors primary business, equipment specifications, insurance, and a locally fic�nsed storage facility. The fees for services ta be prvvided and assignment to ane of four zones are the same as contained by City Code. The es#imated expendi#ure for fih�se services is $1.8 million per year including the anticipated increase {of $446,9�44) for the remainder of t�e fiscal yea� based on the re�ised ra#es. This �, increase wilf be offse# by re�enue callected as fees. RENEWAL OPTEONS - These contracfs may be renewed for up �o fnur successive one-year ferms at , the City's optian. This acfian does not require specific City Councii approval pro�ided the City Council �t l� �`ity of ' �'o�t �ortrz p Texa�s � �� +C111� �,��1�'l�1� ����1��'1�������1 � DATE REFER�NCE NUMBER LOG NAME PAGE 418103 �-� 9�4� + 35TOWS � 2 af 2 sue�ECT SUPPLEMENTAL APPROPRIATIQN ORDfNANCE AND CQNTRACTS FOR NON- _ CONSENT TQWING OF WRECKED OR ABAN�ONED VEHICLES FROM MU�TIPLE VEND4RS REQUIRED BY CITY ORbINAt�CE F4R THE POLICE DEPARTMENT has appropriated sufficient funds ta satisfy the City's abligation during the renewal term. FISGAL INF�RMATlON/CERTfFICATIQN: � The Finance Directar certifies that upon approval and comPletion of the abaue recommendatians and the adoptian of tF�e attached supplem�ntai appraprEation ordinance, funds wi�l be avai�able in fhe c�arrent � operating budget, as appropriated, of the General Fund. LW:r Submitted fnr City M:�nager's I FUND � ACCOUNT � Office by: � (tp) � GG01 539120 I,ibby Watson 6183 f GG01 462624 Originating Aepartment Head: I Raiph Me�idoza 483Bb � {from) I GG01 539120 CENT�R � amoun�r 0353403 �446,944,OD 0353403 $446,944A0 0353403 $�i46,944.00 CITY SECKE'FARY APPROVED 04/08/03 � ORD.# 15517 .4dditianal Ioformation Contact: 5usan Alanis 7$262