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HomeMy WebLinkAboutContract 28636r i . , . . �i�"Y SE���iA�Y����p �O�"i'��C� � e 4, ,, . _,, C4NTRACT FOR T4W TRUCK SERVICE (STANDARD SERVICE) WHEREAS, the City of Fort Worth occasionally requires the services of tow tr�cks; and WHEREAS, sucn tow truck serv�ces are necessary to protect the safety of the citizens af the City of Fort Worth, N�W, THEREF�RE, KN�W ALL BY THESE PRESENTS: The City of Fort Workh, her�inafter r�fierr�d to as '"City", acting herein by and thraugh Libby Watson, its duly authorized Assistant City Manager, and American Texan Auto Cenier, Inc. dba American Roadside, hereinafter ref�rred to as "Company", acting herein by and through Ken Elkomous, its duly auth�rized President, agree as fo[lows: 1. SERVICES City hereby contrac�s with Company to provide police pull towing service. As used herein, "police pulk" shall mean that the Fort Worth Police Department has c�lled Company from the rotation list ta either remove a wrecked or disabled vehicle or to r�move a vehicle in a safe driving condition, but the owner is not present, able or permitted to drive or to make authorizations. 2. TERM The inifial term of this contract shafl exp�re on Sepfember 30, 2003. In addition to the initial ierm of this cantract, there shall be four options to re�ew for terms of one year each, unless earlier terminated as hereinafter provided. Renewal shalE occur upan Cify including in its budget for the options years sufficient funds to pay for its obligations �ereunder and Company providing proof of insurance to City. 3. COMPENSATION 3.1 Compensatinn. As compensation for providing th��;�r�t��r� contemplated by this Contract, City agrees to pay Company as follov�s: ,, ��G � � il���� �f �A�- , � a) To. wage. A charge af One hundred Do{lars ($100.Q0} for towing such vehicle from one poinf on a street to another location within tha corporate limits of the city as directed by fhe �olice deparkment at the place where the tow originated, such charge includes one-half hour of e�ctra work. b) Second tow truck. In the event the police officer at the scene determin�s that a secand tow truck is required, a charge af One hundred dolfars ($1p0.00) per hour, with a minimum charge of one hour, billed in increments of fifteen �15) minutes while at the scene af the police pull. A police supervisar shall approve the �se of a second tow tr�ck. Travel time is excluded. c) Extra work. An additional charge of one hundred dollars ($100.00} per hour, with a minimum charge of one hour, charged in increments of fifteen {15) minutes, for removing vehicles that are aff the street right-of-way, sucn charge to be made from the time the operafor i�egins to remo�� the vehicle until it is on the fraveled portion of the street. Eve� though the v�i�icl� is within the street right-of-way, an additional charge may be made if the vehicle is focated in some unusual condition within the right-af-way, such as, but nof limited to, a river or a creek bed or a ditch of greater depth than the ordinary bar ditch. Extra work shall only be allflw�;d w�en autharized by a police officer at th� sc�ne of the pufl. The charges for such extra wark shall be reviewed and approved by� the Auto Pound Wrecker Administrafor. Extra wark excludes travel time, waitir�g time and clean-u� time. d) Us� of a dolly. No additional fee shall be charg�d for the use of a dolly. e) Handlinq hazardous materia[s. When th� cargo af any motor �ehicle or trailer includes explosive, nuclear, radioactive, hazardous or corrosive materials, as d�fined by the Environmenta� Protection Agency, Texas Department of Transportation, or the Texas Commission on Environmental Quality, a fee egual fo ane hundred-fiifty {150) percent of the cnarges which may be assessed pursuant to subparagraph "a" above. In ad�ifion, a charge may be made for expenses incurred related to protective clothing and any Standard Wreckee ?� Pt�ge 2 of ] 2 other supplies or equipment used in handling such materials, such charge being equal to the actual amounts incurred plus fifteen �� 5} percent. f) Not�ing contained �erein shall be construed so as to obligate City to exp�nd any sums of money. Furth�r, nothing contained herein shall be construed so as to guarantee to Company that Cify will contact Company for any towing services contemplated by this Contract. 3.2 1n�oicinq and Pavment. Company sf�a11 Invoice City once per month. Company shall incEude with �he invoice sucl� documents as may be reasonably re�uested to provide evidence af the s�rvicas pro�ided to the City, which at a minimum shall include copies of the wrecker selection form signed by the offic�r at th� scene af the police pull andlor personnel at the Fort Wor�l� Auto Pound. Such invoic� shali be sub�ec# to the review and approval af appropriate City personneL City shall r�mit payment to Compar�y not more than thirty (30) days following approval of invoice. 3.3 Com�ensation Review. City shall review on an annua{ basis the compensation provided for hereunder, with the first such review to be conducted during the month of August 2003. Similar reviews shall occur in August of each succeeding year that this confract is in effect. City shall make adjusfinents in the compensation based upan incr�ases or decreases in the cost of doing business, taking into consideration fuel, insurance, labor, an� such other costs as may f�e refevant to th� operation of a towing busin�ss. 4. VEHICLE AND EQUIPMENT REQU[REMENTS Company shall maintain at all f�mes the following vehicles and e�uipment in working condition: a) A minimum of two (2) wr�ckers, one of which shall be not less than 14,aoa pounds gross vehicle weight and one af which shall be not I�ss than �O,OOQ pounds gross vehicle weighf, dual rear wheels, equipp�d with a hydraulic aperated winch, winch lines, and a boam rafed at not less thart 8,000 pound lift capacity and a wheel lift device rate� at not I�ss than 2,500 pounds. Slandard Wrecker 3 Page 3 0l' 12 � � � b} At a min�mum, all wreck�;rs shall be equipped with the fiollowing equipm�nt, which at all times shalf b� maintained in working order: 1) 2} 3} �) 5) 6) 7} 8) 9) 10} 11) 12} 93) 14} Tow bar Towing lights Emergency overhead warning lights (red or amber color only} Safefy chain Fire extinguisher, A.B.C. Type Wrecking bar Broom Ax Sho�el Reflectors ar traffic cones Trash container Two way voice or computer communication between tow truck and Campany dispatcher Backing warning signaf Wheel chocks c} Each wrecker shall have the i�entifying markings required by the Texas Trans�ortation Code, section 642.002. In addition, each wrecker sha[I provide Notice of Complain# Procedures to the owner of a towed vehicle as outlined by the Texas Department of Transportation Rules and Regulatians as contained in 43 Texas Administrative Code, Chapter 18, subchapter 18.89, as same may be amended from time to time. d} Each tow truck and the required equipment shall be ins�ected �y the Chief of Police or his authorized designee prior to being used for services contemplated by this contract. In addition, each tow tr�c�C and the required equipment shall b� subject to intermittent inspection to assure campliance with this contract. Standard Wrccker 4 Page4of12 t � � INSURANCE REQUIREMENTS Company shall maintain insurance from insur�rs accepfable to City of the �ollowing types and amoun#s: 5.1 Commercial General �iability $500,000 eac1� occurrence $500,OOQ aggregate or Garage Liability $500,000 each accident, other than auto $500,�00 aggr�gate 5.2 Automobile Liability $500,00� each accident, combined single limit This coverage shall include al1 vehicles owned or non-owned that are operating under Company's aperating authority. 5.3 CargolOn�Hook $30,000 per unit Coverage shall includ� both the unit being towed and its contents. Units covered shall includ� but not be limited to mofor vehicles, trailers and boats. Caverage shall be written on a direct primary b�515. 5.4 GARAG�KEEPER'S LIABILI7Y $30,OOQ pe� unit a,5 Worf�er's CompensatiortlAccident 1nsUrance Coverage shall meet fh� minimum requirements of state law as con- tained in the Motor Carrier RUles and ReguEafions. 5.fi Current insurance certificates shall remai�n an file with the City during the term of this Contract. Insurance coverage may, at the sole discretion of the City, �e revised upward upon thiriy (3aj days prior written notice fo Company. Policies shall be endorsed as follows: Slandard Wrecicer Page 5 of 12 E a) The City, its officers, employees and servants shall be endorsed as an additional insUr�d on all policies except employer's liability insurance coverage ur�der the workers" compensation insurance policy. b) Certificates of insurance shal{ be delivered to fhe supervisor of the City of Fort Wor�h Auto Pound, 13Q� E. Narihside Drive, Fort Worth, TX 76�02, �rior io any work �eing performed under this contract. c) Any faiiure on par� ofi the City to request required insurance documentation sl�all not constitute a waiver of the insurance requirements specified her�;ir�. d) Each insurance policy shall b� endorse� to provide the City a minimum thiriy days notice of cancellati�n, non-renewal, andlor material ehange in policy terms or coverage. A ten days no#ice shall be acceptable in the event of nan-payment of pr�miUm. e) Insurers must be authorize� to do business in the State of Texas and have a current A.M. Best ratir�g of A: VII or equivalent measure of financial strength and solvency. f) D�ductible limits, or self-funded retention limits, on each policy musf not exceed $1 D,000.�0 per accurrence unless otherwise approved by the City. g) Other than warker's compensation �nsurance, in lieu of fraditionaf insurance, City may consider alternative coverage or risk treatment measures throu�� insurance pools or risk retention groups, The City must approve in writing any alternative covera�e. h) Workers' compensation insurance policy(s} covering employ�es shall be �ndorsed wit� a waiver of subrogation providing rights of recovery in favor of the Ci�y. i} City sY�all noi be responsible for the direct payment of insurance premium costs. j) Ir�surance polici�s s�all each be endarsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintain�d by City shalf not be called upon ta contribute to loss recovery. 5tandard Wrecker Page G of l2 6 � . k) Company shall report, in a timely manner, to City's officia�ly d�signated contract administrator any known loss occurrence which could give rise to a lia�ility claim or lawsuit or which could re5ult in a property loss. I) Company's liabi�ity shall nat be limited to the specified amounts of insurance require� herein. m) Upon the request of City, Company shafl pro�ide complete copies of a�l insurance policies required by these contract documents. 5.7 In fhe event a state or federa! law, rule or regulation per�aining to wrecker service companies operating within the Stafe of Texas exceed insurance requirements specified herein, such state or federal law, rule or regulation shall prevail for the r�sp�ctive type of insurance caverage andlar limit thereof. 6. DUTIES AND RESPONSIBILITIES OF COMPANY Company, during the term of this cantract, shall per�orm the following duties and have the following responsibilities: a) Maintain as its primary business the towing of vehicles or trailers by wrecker5 meeting the requirements of paragraphs 4(a) and 4(b) above. "Primary business" shall mean that Company receives more than fif�y p�r-cent (5D°lo) of it gross revenues from the towing af vehic�es and trailers. All of company's reeords shail be open to reasonabl� ir�s�ection, both at the time of execution of this agreement and at any time during the term hereof, to verify compliance with this condition, b) Maintain a curr�ntly licensed vehicle storage facility located within the corporate limifs of the City. "Vehicle storage facility" sha[1 mean a facility operated by a person licensed under Article 6687-9a, Re�ised Statutes. c} Maintain business operatian twanty-four (24} hours a day, seven days �er week. d} Respond to all cails contemplated by this contract within thiriy (30) minutes of notification, excep� in extraordinary s�tuations where delay is caused by ice, snow or other weatner relat�d conditians. �n the event Company fails to respond as required, City may notify anather wrecker company and Company Standa3•d Wrecicer 7 Page7oFl2 i 7. TERMINATI�N AND SUSPEN510N shall not �e entitled to the compensation to which it woufd have been enfitled had i� arrived time�y. e} Maintain o� file with the City the name of the owner, �resident or chief executive officer, business address, and te{ephone number; fu�iher, Company shall r�atify the City of any change of ownership, Pres�dent or chief executi�e officer, or cF�a�ge of address within five �5} business days of ar�y such change. f) Deliv�r the motar �ehicle being towed to the location within the corporate limits of City designated by the palice officer at the scene of the pull. Delivery shall be made witY�out delay or detaur. g} Fu11y cooperate with any inv�stigation canducte� by the City regarding complaints against Company, wh�ther or not such complaints arise out of services contemplated by this Contract. h) Shall not become del�nqu�nt in the paymenfi of any taxes due to City. i) 5hall not go to any accid�nt scene unless the Company has been called to the scene by the owner or operator of a vehicle or an authorized repres�ntative of same, or by the City. j) Completely remave alf debris resulting fram any accident to which the Company is resp�nding. Removal of de�ris shall nat be considered compl�te by mer�ly sweeping it to the curbline. k) Sha]{ not sol�cit any wrecker business wi#hin fhe corporate limits of City at the scene of a wreck�d or disabled vehicle, regardless of whether the solicitatian is far the purpose of soliciting the business of towing, repairing, wrecking, storing, trading, or purchasing the veF�icle. l) Shall only employ drivers of tow trucks autharized to operate same. m) Provide the Po[ice Pound personnel with an invoice at the time the vehicle is delivered to the Auto Pound together w�th the signed wreeker s�lectio� form to be pro�ided. 7.1 This canfiract may be t�rminated or s�spended by City for any of the follawing causes: Sl�ndarcE W'recker Yage $ of { 2 0 a) Violation of any �erm andlar condiiion specified in this contract. b) Failure to notify the Communications Divisian of the Police De�artment within fifteen (15) minutes from t�e time of nc�tification if the Company will be �nable to r�spond within the thirly (30) minutes allotted for a response to a call for wrecker service. c) Permitting a tow truck to be operated by anyone while under th� influence o�F alcohol andlor 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 fo any other company f) Any sustained complaint of theft by personnel of Company whil� acting in their capacity as employees of Company, whether occurring during a police pull or otnerwise. g) Any susfained complaint of threats made by personnel of the Company while acting in their capaeity as employees of Company made against tnird parfiies during a police pull or otherwise. h} Failing to comply with alf directions of police �ersonnel at the scene of a police pull or civilian employee at the Palice Pound. Company may request a police supervisor to validate any such direction given. i) Five (5) passes within a thirty (3Q) day period. Pass in this paragraph shall mean Company failing to notify the City of its inab�lity to respond �n a request for service as required by paragraph 2 abo�e. j) Ten �10) passes within a thirty (30) day period. Pass in this paragraph shall mean a Company notifying the City of its inability to r�spond to a request for service as required by paragraph 2 above. k) Violation of any rule or regulation contained in Exhibit "A" attached hereto. I) FaiCure to comply with any state or fied�:ral law or cEty ordinance related ta the operation of a wrecker company. 7.2 City shall nnfify Company in writing of its intent ta ferminate or suspend for cause twenty (20) days prior to such suspension ar termination. Com�any shall have the right to request a hearing before the Chisf of Poiice or his designee 5[andard Wrecicer (� Page 9 of l2 regarding the intent to terminate or suspend for caus�: by requesting a hearing in writing within five (5) business days after receipt of notic� of �ntent to #erminate or suspend, A hearing shall be conducted wifhin fifte�n {15) days of the req�est for hearing. The City, 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 sus�ension shall be for a period of time of not less than six (6) months nor mor� than twelve (12) months. 7.4 1n the event City suspends or terminates this contract for cause, and the cause for s�ch suspension or t�rmination is defermined to be invalid, Company's sole remedy shall be reinstat�ment of this cantrac#. Company expressly waives any ar�d all rights to monetary damages, including but not limited to actual and puniti�e damages, court costs and attor��y`s fees. 8. IN�EMNIFICATION With regard #o any liability which might arise hereunder, City and Company agree that they shall be solefy and exclus�ve�y liable for tl�e negligence of its awn agents, servanfs, subcontractors and emplayees and thai neither party shall look to the other party to save or hold if harmless for the consequences of any negligence on �he part of one of its own agent, servant, subcontractor or employee. Nathing contained her�in shall be construed to be a waiver by City af any right af protection that it enjoys under applicable S#ate or Federal law. 9. ASSIGNMENT Company shall not assign, transfer or sublet this Contract or a�y po�kion hereof to any party without the prior written cansent of City that shal{ not be unreasonably withhel�. Any suc� assignm�nt, trar�sfer or subletting of this Con#ract without the consent of tYie City shall �e void and shall operate as a terminatian hereof. SWndard Wrecker 1� Page 10 of l� 10. ZONES AND ROTATI�N L15T 10.1 City shall divide the city into four (4} zones that shall correspond to tE�e four (4} patrol divisions. Company shall be assigned to the zone or an adjacent zane in which it maintains its principal place of business. 10.2 City shall create a ratation list within each of fha four (4} zones that will dictate the order in which wrecker companies are confacted. �0.3 City may request Cnmpany to conduct a police pull within any zone, and Company agrees to use its best efforts ta arrive at the scene of the polic� faw within thirty {30) minutes. 11. INDEPENDENT CONTRACTOR It is understood and agreed by t}�e parties hereto that Campany shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or emplayee of the City. Com�any shall have exclusive control of and the exclusive right to contral the details of the work or servica to be perform�d hereunder, and a1l persons performing same on benalf of Company, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contraCtors, subcontractors, Ijcensees and invitees. The doctrine of respondeat superior shall not apply as betw�en the City and Company, its officers, agents, s�rvants, employees, contractors and subcontractors, and nathing herein shall be construed as creating a parfnership or joint v�nture between the parti�s hereto. Standard Wrccher 11 Pa;e [ 1 oi' l2 , , In witr�ess w ereof, the parties hereta have execut�d this Contract on the ��� day af , 20�. ATTEST� CITY �S.FORT U,1�(,�R�H , � , - � . • - . 'L V IJ_v..� �lar�j� PearSan City Secretary ' '� � B lr4 M � � • v/ _- "Libby 1�I�son Assistant City Manager APPROVED AS TO FORM AND LEGALITY �� Assistant City Attorney ATTEST: Corporate Secretary � Slandai-d Wrecicer Pagc 12 of l2 IZ ~� � l � �� _ _ . . C _ �. Contr t Autho�i�ation � (�3 - .�._. � ._.. ._ _. �r_.... ���� American Texan Auto Center, I�c., dba American Roadside (Cqmpany Narne) B : �� �� Y Ken Elkomo�rs, President ���r�dU�u;!� �f�� U��i ���i� -.�..�r;����`� , ��, � q :�� EXI�I�I'�' A .�1�J'I`� P��J��] The follo�ving rules �nd t-egui�tions will be follawed by ALL Wrecket• Comp�nies upoa� arrival at the Auto Pou�id. l. The entry gate will not U� l�locIced 6y wrecicers waitin� to enter or eXit the �atto Pound. 2. Nn wr�cl�er si�all enter the Auto Polind with mare than oile (1) persoi�loperator, unless authorized Uy t1�e oi� duty sluft supervisar. This will Ue done oi� a case by case basis. 3. For s�fety reaso��s, a Car Cai�ier will be required to off load their cargo when possible. Tlus shall be detern�iued by tlle an duty supervisar. 4. Inventories sl�a�rld be ilandled in aii expeditious mamler wheil possible. However, Atitto Poltnd persannel are required to do a coinplete and precase inventory of all property and vehicles. f�,. specific tii�le fran�e would 6e impossiUle to instifute. 5. No wrecker driverlope�-ator will as�ist witlz any inventory l�eing canducted by Allta PaLind persomzel. 6. T11e �.ise of Cat� Caniers, extz-a time, extra equipmeil�, etc,, shall Ue subject to approval by the Wrecicer Admuiistrator or Auto Pound Supervisor. 7. Wrecicer cirivers/operatars/owners shall Ue i•equired to follow any directions or inshlictioi�s �iven by �Luto Poui�d personnel. 8. Wrecicer Company Owners s11a11 assist and comply �vitll any iilvestigatian per�anned lay Auto PoLu1d persotu�el or th� Fort Worth Police Departal�ent in regards tv their cornpail}�, drivei•, operator atad or Uusii�ess withol�t t3esitatioil. 9. Vialatioi�s of ai�y of the above zules shall be subject to review by tl�e Wrecker Admii�istrator- or Atrlo Potmd Supervisor. The Auto Patlnd Supervisor or a l�i�ller level of co���max�d may detennine disciplinary actioil �i� to azld ulchid�ng termir7atian of contr�ct, C'ity of l�o�t T�ortli, T'eacrxs ���� ��� �����;a ���,���;��t��� DATE REFERENCE NUMBER LOG NAME PAGE 418103 �_� ��q,q, 35TOWS 1 of 2 su���cr SUPPLEMENTAL APPR�PRIATION ORDINANCE AND C�NTRACTS FOR NON- CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE VENDORS REQU[RED BY CiTY �RDINANCE FOR THE P4LICE �EPARTMENT RECOMMENDATiON: ft is recamm�nded that #he City Council: Aufhorize contracts far Police Depar�ment re�uested non-consenfi towing of wrecked ar abandoned �ehicles from multiple vendors as required by 5ection 34-181 of tf�e Code of t�e City of For� Worth (1986), as amended; and 2. Authorize the contracts to begin April 8, 2D03, and expire September 30, 2Q03, with options ta renew for faur additional one-year periods; and 3. Adopt th� a#�ached supplemental appropriatian ordinance increasing estimated receipts and appropriations by $446,944 in the General Fund from a�ailable funds. D15CUSSION: Section 34-181 of the Code of the City of Fort Wortf� (1986), as amended, re�uired that all police departmenf, non-consen# taws, shall be undertaken pursuant to contract, specifically execufed between tF�e City and a wrecker company. The Public Safety Cammittee extensively reviewed tha new rates and unanimously approved ihis recommendation on March 25, 2003. There are three types c�f contracts and �rates as fallows: � Standard tow trucks $1 fl0 � Tilt bed/rollback taw truc[cs $12� � Tandem tow trucks $180 Contracts wil� be executed with a�y �endar desiring to perform non-consent tows for the Police Department, if they meet the contract requirements such as towing operations being the vendars primary business, equipment specifications, insurance, and a localfy Eicensed storage facility. The fees for services to be pro�ided and assignment to one afi four zones are the same as cantained by City Code. The estimated expenditure for these services is $1.8 mill�on per year including the anticipated increase (af $446,944) for the remainder af the fiscal year based on the re�ised rates. This increase will be offset by re�enue call�ct�d as fees. RENEWAL OPTIONS - T�ese contracts may be rer�ewed for up to four successive one-year terms at the City's aption. This actior� does not require specific City Cauncil appraval provided the City Council C'ity of �o�t Wortlz, 7'exas �y�� o��t� ���r���l �am����ccr���n pA`{"E REFERENCE NUMBER LOG NAME PAGE 4i$�a3 �o� g��� 3�Tows 2 of � SUBJECT SUPPLEMENTAL APPROPRIATION DRDINANCE AND CONTRACTS FOR NON� CONSENT TOWING OF WRECKED. OR AgANDON�D VEHfCLES FROM MULTIPLE VENDORS REQUIRED BY CITY �RDINANCE FOR THE POLICE DEPARTMENT 1�as appropriated sufficient funds to satisfy the City's obligation during t�e renewal term. FiSCAL [NFORMATIONICERTIFICATfON: The �'inance Director certifies fhat upon appra�al and completion af the above recommendatians and the.adoption af the attached supplemental appropriation ordinance, funds will be available in the current operaiing bu�get, as appropriated, af the General Fund. LW: r 5ubmitted for City Manager's Offce by: Lib6y Watson Originaking Department Head: ltalph Me3idoza Additianal ln%rmation Contact: Susan AEan'rs � FUl�ll � ACCOUNT � � �to} � GG01 53912� 6183 I GGQ1 462624 � 4$386 I (from) IGG01 539120 � 78262 I . CEIVT�R � AMOUNT 0353403 $446,944.Op 0353403 $445,944.00 0353�403 $446,944.�0 CITY S�CItETA,RY AI'PROV�.D 04/081q3 ORb.# 15517