HomeMy WebLinkAboutContract 28640��� e
CONTRACT FOR TOW TRUCK SERVICE
(STANDARD SERVICE)
CC?f� �AC�i �.�L�:�b`#''b
WHEREAS, the City of Fort Worth occasionally requ�res the services of
tow trucl�s; and
WHEREAS, such tow trucK services are necessary to protecfi the safety of
the citizens of the City of Fort Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City of Fort Worth, hereinafter referred to as "City", aciing herein by
and through Libby Watson, �ts duly authorized Assistant City Manager, and TP
Matar Ltd., dba Fart Worth Wrec�cer Service bv Mav's Rose Carp. it's General
Partner, hereinafter referred to as "Company", aeting herein by and throUgh
Tuver� C Nquver�, its duly authorized Presider�t, agree as follows:
1.
SERVICES
City hereby contracts with Company to provide police pufl towing service.
As used her�in, °police pull" shall mean that the Fo�t Wor�h Police Department
has called Company from the rotation list to either remove a wrecked or disabled
vehicle or to remove a vehicle in a safe driving condit�on, bt�t the owner is not
present, able or p�rmitt�d to drive or to make authorizations.
2.
TERM
The initial term of this contract shall expire on September 30, 2003. In
addition to the initial term of tnis contract, there shalf be four options to renew for
t�rms of on� year each, unless earlier terminated as hereinafter provided.
Renewal shal� occur upon City including in its budgei for the o�tions years
s�fficient funds ta pay for its obligations hereunder and Company providin� proof
of insurance to City.
3.
COMPENSATION
3.� Compensation. As compensation fior pro�iding the
contemplated by this Contract, City agrees fo pay Company as follow�: �
' � `�`���
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��a �t�������8�, ���s'.
services
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a) Tawaqe. A charge of One hundred Dollars ($100.p0) for towing such vehicle
from one point on a stre�t to anothe�- loca#ian within the corporate lim�ts of the
city as �irected by the police department at the place where the tow
originated; such charge i�cludes one-half hour of extra work.
b) Second tow truck. In the e�ent the police o�ficer at the scene determines
that a secor�d taw truck is required, a charge af One hundred dollars
($100.00) per haur, with a minimum charge of one hour, bi{led in increments
of fifteen (15} minutes while at the scene of the police pull. A police
supervisor shall approve fhe use af a secan� tow truck. Travel time is
excluded.
c} Extra work. An additional charge of one hundred dollars ($10D.00} per
hour, with a minimum c�arge of one hour, charged in incr�ments of fifteen
{15) minutes, for removing vehicl�s that are off the sfreet right-of-way, such
charge to be made from the time the operatar begins to remove the vehicle
until it is on the traveled portion of the sfreet. Even though the vehicle is
within the street righf-of-way, an additional charge may 1�e made if the ��hicle
is located in some unusual condition within the r�ght-of-way, such as, but not
limited to, a river or a creek bed or a ditch of greater depth than the ordinary
bar ditch. Extra work shall only be allowed when authorized by a police officer
at the scene of the pull. The charges for such extra work shall be reviewed
and approved by the Auto Paund Wrecker Administrator. Extra work
�xcludes travel time, waifing time and cl�an-up time.
d} llse of a dollv. No additional fee shall be charged fior the use of a dolly.
�) Handlinq hazardous materials. When the cargo of any motor vehicle or
trailer includes expfosive, nuclear, radioacti�e, hazardo�as or corrosive
materials, as defined �y th� Environmental Protec�ion Agency, Texas
Department of Transportatian, or the Texas Cammission on Environmental
Quality, a fee equal to one hundr�d-fifty (�50) percent of the charges which
may be assessed pUrsuant to subparagraph "a" above. In addition, a charge
may be made for expenses incurred related to protective clothing and any
5tandard Wrecker �
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r �
b) At a minimum, all wreckeTs shall be equipped with the following equipment,
which at al� times shall be maintained in working arder.
1)
2}
3)
4)
5)
6)
7}
8}
9)
�0)
11)
12)
13)
14)
Tow bar
Towing lights
Emergency overhead warning ligh#s (red ar am�er cofar only)
Safety chain
Fire extingUisher, A.B.C. Type
Wrecking �ar
Broom
Ax
Shove[
Ref[ectors or traffic cones
Trash container
Two way �oice or computer communication between tow truck
and Company dispatcher
Bacf�ing warning signal
Wheel chocks
c) Each wrecker shalf have the identifying markings required by the Texas
Transportafian Code, section 642.002. In addition, each wreeker shall provid�
Notice of Complaint Procedur�s to the owner af a towed vehicle as outlined by
the Texas Department of Transporiation Rules and Regulations as contained in
43 Texas Administrative Code, Chapter 98, subchapter 18.89, as same may be
amended from time to time.
d) Each tow truck and the required equipment shall be inspect�d by the
Chief of Police or his autho�iz�d desEgnee prior to being used for services
contemplafed by this contract. � In addition, each tow truc�C and the require�
equipment shall be subject to intermittent inspection to assure compliance with
this contract.
Standard Wrecker 4
Page 4 of l2
S �
�
INSURANCE REQUIREMENTS
Company shall maintain insurance from insurers acceptabfe to �ity of the
fa�lowing types and amounts:
5.1 Commerciaf General Liability
$500,OQ0 each occur�ence
$500,Q00 aggregate
or
Carage Liability
$500,QQ0 eacn accident, other than auta
$500,000 aggregate
5.2 Automobile �iability
$5Q0,000 each accid�nt, combined single limit
This coverage shall include all vehicles owned or non-owned tf�at are
aperafing undsr Company's operating authorify.
�.3 CargolOn�Hook
$30,000 per unit
Coverage shall include bath the un9t being fowed and its contents.
Units co�ered shal! include but not be limited to motor vehicles,
frai[ers and boats. Coverage sl�all be written on a direct primary
basis.
5.4 GAR�4G�K��P�R'S LIABI�.IiY
$30,000 per unif
5.5 Worker's CompensationlAccident [nsurance
Coverage shall meet the minimum r�quirements of st�te law as con-
tained in t�e Motor Carrier Rules and Regulations.
5,6 Current insurance certificates s�all remain on file witl� the City during fhe
term of this Contract. I�surance coverage may, at the sole discretion of the Ci#y,
be revised upward upon thirty (30) days prior written notice to Company. Po[icies
shall be endorsed as follaws:
Sia33dard Wrecker 5
Page 5 of l2
k} Company shall report, in a timely manner, to City's officially designated
contract administraior any �Cnown loss occurrence which could give rise to a
liability claim or lawsuit or which cou[d result in a�roperty loss,
' l) Company's I�ability shall not be limited to the specified amounts o�
insurance required herein.
m) Upon the request of City, Com�any shall provide �omplete copies of all
insurance policies required by fihese eontract documents.
5.7 ln the event a state or federal law, rule or regulation pertaining to wrecker
SBNICB companies o�erating within the State of Texas exceed insura�ce
requirements specified herein, s�ch staf� or federal law, rule or r�gulatiori shall
prevail for the respective type of insuranc� coverage andlor limi� thereof.
6.
DUTIES AND RESPONSIBIL[T1ES OF COMPANY
Company, during the tsrm of this co�tract, shall perform the following duties
and have the following r�:sponsibiEities:
a) Maintain as its primary �usin�ss the towing of vehicles or trailers by
wrec�Cers meeting fhe requirem�nts of paragraphs 4(a) and 4(�) above.
"Primary business" shall mean that Company receives more than fifty per-cent
(50°/Q) of it gross revenues from the towing of vehicles and trailers. All of
company's records shall be open to reasonable inspecfion, both at the time of
executian of this agreement and at any #ime during the term hereof, to verify
compliance with this condition.
�) Maintain a currer�tly licensed vehicle storage facility locate� within the
corporaie limits of the City. "Vehicle storage facility" shall mean a facility
aperated by a�erson licensed under Artic�e 6687-9a, Re�ised Statutes.
c) Maintain business operation twen#y-four {24) hours a c[ay, se�en days per
week.
d) Respond ta all calls contemplated by this contract within thirty {30) minu�es
of notification, except in extraardinary situations where delay is caused by ice,
snow or other weather related canditions. In the e�ent Company fails to
respond as required, City may notify another wrecker company and Company
Standard Wrecker '�
Page 7 of 12
shall not be entitfed to the compensation fo which it would have been entitled
had it arrived timely.
e) Maintain on file with the City the name of the own�r, president or chief
executive officer, business address, and telephone number; furth�r, Company
shall notify the City of any change of awnership, president or chief executiv�
officer, or change of address within five (5) business days of any such change.
f) Deliver the motor vehicla b�ing towed to the location within the corparate
limits of City designafed by ti�� police officer at the scene of the pull. DeEivery
shall be made withaut delay or detour.
g) Fully cooperate with any investigation conducfed by t�e City regarding
complaints against Company, wheihar or not such com�la�nts arise out af
services contemplated by th[s Contract.
h} Shall not become delinquent in fhe payment of any taxes due to City.
i) Shall not go to any accident scene unless the Company has been calle� to
the scene by the owner or operator of a �ehicle or an authorized representative
of same, or by the Cify.
j) Complete{y remove all debris resulting from any accidenfi to which the
Company is responding. Removal of debris shalt not be considered complete
by merely sweeping it to the curbline.
k) Shall nat solicit any wrecker business within the corporate limits of City at
the scene of a wrecked or disa�[ed vehicle, regardless of whether the
,
solicitatian is for the purpose of soliciting the business of tawing, repairing,
wrecking, storing, trading, or purchasing the �rehicle.
I) Shall anly employ drivers of tow trucks authorized to o�erate same.
m) Pro�ide the Police Pound personne[ with an invoice at the time the vehicle
is delivered to the Auto Poun� together with the signed wrecker seEection form
to be provided.
7.
TERMINATION AND SUSPEN510N
7.1 This contract may be terminafied or suspended by City for any of the
following causes:
5tuncEard Wrecker g
Fage 3 of 12
u
a) Violation of any term andlor condition specified in this contract.
b) Failure to notify the Communications Division of the Police Department
within fifteen (15) minutes from th� time of notification if the Company will
be unable to respond wifhin the thirty (30) minutes allotted for a response to
a cal[ for wrecker service.
c) Permitting a tow truck to be operated by anyone while under the influence
of alcohol andlor drugs.
d) Permiiting a fow truck to be operated by anyone wt�ose operator's iicense is
sus�ended.
e) Transferrin� or assigning any call for service to any other company
f) Any sustained comp�aint of tf��ft by personnel of Company while acting in
their capacity as empfoyees of Company, whether occurring during a police
�ull or otherwise.
g) Any sus�ained complai�t of threats made by �ersonnel of the Company
while acting in their capacity as employees of Campany made against thir�
pa�ties during a police pull or otherwise.
h) Failing ta comply with al� directions of police personn�l at the scene of a
police puil or civilian employee at the Police Pound. Company may request
a police supervisor ta validate any such directfon given.
i} Five (5} passes within a thirty (30) day period. Pass in this paragraph shall
mean Company failirtg to notify the City of its inability to r�spond to a
request for service as required by paragraph 2 above.
j) Ten (10) passes wifhi� a thirty (30) day period. Pass in this paragraph shafl
mear� a Company notifying the City ofi iis inability fo respond to a request for
service as required by paragraph 2 abov�.
k) Violation of any rule or regulation contained in Exhibit "A" attached hereto.
I) Failure to camply with any sfate or fed�ral law qr city ordinance r�lated to
the operatian of a wrecker company.
7.2 City shafl notify Com�any in writing of its intent to terminate or suspe�d for
cause twenty (20) days prior to such suspension or termination. Company shalf
have the right to request a hearing before the Chief ofi Police or his designee
Sta��dard Wrecker g
Page 9 oF 12
10.
ZONES AND ROTATION LIST
10.� City shall divide the city into four (4) zones that shall correspond to the four
{4} p.atrol divisions. Campany sf�all be assigned to the zone or an adJacent zone in
which it mai�tains its principal place of business.
�0.2 City shall create a rotation lisf within each of the four (4) zones that wi![
dictate the or�er [n which wrecker companies are contacted.
�0.3 Cify may request Company to conduct a pofice puil within any zone, and
Company agrees to us� its best efforts to arrive at the sce�ne af the palice tow
within thirty (3Q) minutes.
11.
INDEPENDENT CONTRACTOR
If is un�erstood and agreed by the parties herefio that Company shall
perform all work and services hereunder as an independant contractor, and not as
an officer, agent, servant or employee of the City. Campany sf�all have exclusi�e
contro� of and the exclusive right to control the details of the work or service to be
perfarmed hereunder, and all persons perForming same on behalf of Company,
and shall be solely res�onsible for the acts and omissions of its officers, agents,
s�rvants, employees, contractors, subcontractors, licensees and invitees. The
doctrine of respondeat s�periar sha11 not apply as between tne City and Company,
its officers, agents, servan#s, employees, contractors and subcontraetors, and
nothing herein shall be construed as creating a partnership or joint venture
between the parties hereto.
SlAndard Wrecker 11
f'age 11 of l2
� ,
In witness whereof, the parties hereto have ex�cuted this Cont�act on the ��
day of , 20 �i�
��
ATT,�ST: C1TY-� �FORT�RTH
. ,, _
� � ..s". ..'� --��-h, .
Gloria l�earso
City SeGretary
APPROVED AS TO FORM
AND LEGALITY
/
Assistan`�`�ity Atfiorney
ATTEST:
Corparate Secretary
B �i': _ 7
Libby V�batson
Assistant City Manager
;1����. _ _ - - . -�
Con�rac A thori.z�'�ion
� ��.�, .. _ . �
�i���
TP Motor Ltd., dba Fort
Worth Wrecker Servic� bv
Mav's Rose Cor�. it's
General Partner
(Company Name)
Bv: �.�-�j�-=-�t�� �.-
Tuyen C Nguyen,
President
;;�'���'Ljll�� ���� I
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��. �' 9
Standard Wrecker
Page l2 of [2
12
���tII��`�' A
��r�o ���i��
T1�e �r�llowing rutes a�d �•eg�latioiis will be fallowec[ k�y ALL �rec��er Companies
upon arriv�tl at the Auio Paunc[.
I. The ei�try gate will not i�e blaciced by wrecicers waititzg to eiZter or exit the Auta
Pound.
2. No wrecicer shall enter the Auto PoL�nd with inoze fiS�,aiz orle {1) personloperator,
unless autl�orized by tlie on duiy sU.ift stitperviso� . This will be doize on a case by
casa basis.
3. For safety reasoils, a Car Cariier will be required to o�f load their cargo v,�hen
possible. Tlvs sl�all be detetmined by t11e oi� d�.lty supe��isor.
4. �izvento�.7es should �e hai�dled i� a�1 expeditiaus manner when possible, However,
Auta PoLuid persaru�el are req��ired to do a coinplete aa�.d precise znventary of all
praperty and vellicles. A specific tune frame would Ue iillpossible io institute.
5. No wrecker driver/opexatar will assist witl� �n.y iizventnry being conducted by
Auto �'a�.uzd persan�ael.
6. The use of Car Carriers, e�tra time, ext�a equipme�t, etc., shall be sl��ject to
a�proval by i11e Wxecker Admuushator or Auta Ponnd Supervisor.
7. 'UVrecicer dxi�ers/operato�s/owners sllall be r�qn�zed t� follow any dir�etions or
instructions given by Auto Pound persox3nal.
8. Wreckar Con-�pany Owners shall assist and comply with any investigation
p�r�oanied by Auto Pound perso�zn�l or the Fort Wo��h Polic� Departinent i�
regards to ti�eir company, driver, aperator and ar business witho�rt hesitaiion,
9. Violatiol3s ai' atay of the above rules shall be sL�Uject to review by the Wrecker
Adinnlistratar or Auto Poluid �llpervisor.
The Auto Poi�nd Su�ervisor or a Iligher level of coirur�and niay det�i���ine
disciplinary actioil up ta and 'uzchiding tez�nu�atioi�. of cont�act.
City of �'ort Wa�tli, �'ex�s
cr��r ��d ���rt��;Q �c���c���cc�t���
DAT� REFERENCE NUMBER LOG NAME PAGE
418103 �_� 9��� 35TOWS I 1 af 2
SUBJECT SUPPLEMENTAL. APPROPRIATl�N ORDiNANCE AND CONTRACTS FOR NON-
CONSENT TOWING OF WRECKED OR ABANDONED VEHICLES FROM MULTIPLE
VENDORS REQUIRED BY CITY ORDfNANCE FOR THE POLICE DEPARTMENT
RECOMMENDATION:
I� is recommen�ed that the City Council:
1. Authorize co�tracts fior Police Department �e�uested non-consent towing of wrecked or abandoned
�ehicles from mu[tiple vendors as required by Section 34-18� of the Co�e of the City of Fort Worth
(1986), as amended; and
2. Authorize the contracts to begin April 8, 2aQ3, and expire September 30, 2003, with options ta
renew for #our additional one-year periods; and
3. Adopt the attached supplementa! appropriation ordinance increasing estimafied receip#s and
appropriaiians by $�446,944 in the Ge�eral �und �Fram ar►ailable funds.
DISCUSSION:
5ectian 34-181 af the Code of the Ciiy of Fort Worth {1986), as amendec�, required that all police
department, �an-consent tows, shal[ be undertaken pursuant to contract, s�ecificaily executed between
the City an� a wrecker company. The Public Safety Cammfttee extensively reuiewEd the new rates and
unanimously approved this recammendafian on March 25, 2a03.
T�ere are three types of contracts and rafes as fallaws:
o Standard tow trucks $100
o Tilt �edlrollbac[� tflw trucks $125
o Tandem iow truc�Cs $18Q
Contracts wiEl be exec�ted with any vendor desiring to perFarm non-consent taws far the Police
Departm�r�t, ff they meet the contract req�irements such as tawing operations being the ve�dors
�rimary b�siness, equipment specificaiions, in�urance, and a locally licensed storage facifity.
The fees for services to be provided and assignment to one of four zanes are the same as cantained by
City Code. The estimated expenditure for these services is $1.8 million per year including the
antEcipated increase (of $446,944) for the remainder of the fiscal year based on the revised rates. This
increase will be affset by re�enue collected as fees.
RENEWAL OPTIONS - These confracts may be rer��wed for up to fiour successive one-year terms at
the City`s option. This actior� does not require specific City Cauncii approval pro�ided ih� City Council
City of �'ort Y�orth, T'exas
, ���� A1�� ��I�1��°�` �����1�1��A�`��f�
DAT� REFER�NC� NUMBER LOG NAME PAG�
4l8103 �d� g�44 l 35TOWS 2 of 2
su�.��cT SUPPLEM�NTAL APPROPRIATION ORDINANC� AND CONTRACTS FOR NON-
CONSENT TOWING O� WRECKED OR ABANDONED VEHICLES FROM MULTIPLE
VENDORS REQUIRED BY CITY ORDINANCE FOR THE POLICE DEPARTMENT
has apprapriate� sufficient funds to satisfy the City's obligation during the renewal term.
FISCAL INFORMATI�NICERTIFICATION:
The Finance Directar certifies that upon approval and completiar� of the abo�e recommendaiions ac�d
the adoption of the attached supplemental apprapriaiian ordinance, fiunds will be availabEe in the current
operating budget, as appropriated, of the General Fund.
LW:r
Submitted for City Manager's
Office 6y:
Lihhy Watsan
Originating Department Head:
Ralph Mendoza
Additianal InformAtian Contact:
Susan Alanis
� FUND I ACCOI.iNT I CENTER
� (to)
� GGD1 539120 Q353403
5183 � GG01 462624 b353�403
4838b � (from}
GG01 539120 03534D3
�
7$2S2 I
I AMOUNT
$446, 944.00
$446, 944.D�
$446,sa�.ao
CITY SECR.ETAIZ,Y
APPROV�D 04/0$103
ORD.# 155 i 7