HomeMy WebLinkAboutContract 27911. .. CONi� C� �p Y /
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GONTRACT FOR TOW TRUCK SERVICE
(STANDARD SERVICE)
WHEREAS, ihe City of.Fort Worth occasionally requires the service of
CO W tl LLCICS; aI1C�
WHEREA�, �uch tow tirucic services are necessary to protect the safety
of th� citizens of the City of I`ort Worth,
NOW, THEREFORE, KN�W ALL BY THESE PRESENTS:
The City of Fort Worth, hereinafter refei�ed to as "City", actiilg herein
by and tihrough Libby Watson, its duly auihorzzed Assistant City Manager,
and Maddux Towin�, Inc. , thereinafter referred io as "Company",
acting h�rein by and through Mazin Shalabi , its duly authorized
President, agree as follows:
1.
SERVICE5
City he�eby contracts wifih Compa�ry to provide police pull towing
service. As used herein, "police pull" shall nlean that the Fart Worth Police
Department 11as ca1l�d Co�npany from t1�e rotation Iist to �ltll�l' remove a
!� wreciced or disabled vehicle or to remove a vehicle in a safe drivi�lg candition,
but the ow�ler is not presellt, aU1� or permitied to drive or to n�alce
authorizations.
2.
TERM
The term of tlus contract shall b� for a period of twel�re (12) mon�hs
from the date of its execLition, with four opiions io renew for tern�s oi one year
each, Lulless earlier terminated as laereina�ter provxded. Re�lewal shall occur
upan City includillg in its budget for the options y�ars sufficient fiinds to pay
for its obligations he� eunder and Company providing proof o� insurance to
City.
3.
COMPENSAT�ON
l. Coin�ensation. As compensation for providing the services
contemplated by �his Con�tact, City agrees to pay Conlpany as follows:
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a) Tawaqe. A charge of sixty-five dallars ($65.Q0) for towing such �ehicle from
�ne point an a street to anoiher locat�on w�thir� the cor�+arate I�mits of the city
as direct�d by ihe poiice department at the place where tha tow origir�ated;
such charge includes one hour of extra wark.
� b} Secand tow truc�c. � In the event t�e police officer at tne scene determines
, that a second tow truck is required, a charge of �ifty dollars ($50.00) per haur�
with a minimum charge of one hour, billed in incr�ments of fifteet� (15)
minutes while at the scene of tf�e police pulL The us�.of a second tow t�uck
shall b� approveci by a polic� supervisor, Tra�e1 time is exc[udeci.
c} Extra work. An additional charge oi fifty dollars ($50.00} per hour, with a
minim�m charge of one hour, charg�d in increments of fifteen {15) minutest
for removing �ehicles which are off the strest right-of-way, such charge to t�e
made. from the.time the operator begir�s to remove the veY�icle until it is on the
tra�efed portion of the street. Even thou��t the ue�icle is within the stre�t
right-of-way, an a�l�it�onal charge may be made if the vehicle is locat�d in
some unusua[ condition wit�in the right-of-way, such as, but not limited ta, a
river or a creek bed ar a ditch of greater depth #han #he or�linary laar di#ch,
Extra work sha�l only b� aflowed when author�zed by a p�lice officar at the
scen� of the p�ll. The eharges for such extra work shall be reviewed and
approved t�y the Auto Pound Wrecker Administrator. Extra work excludes
travel fime, waiting time and clean-up time.
d) Use of a daliv. No additional fee shall be charged for the use af a dolly.
e) Hat�d[inc� hazardous materiafs. When the cargo of any mvtor vehicle or
� t�-ailer includes explasi�e, nuclear, rad�oactive, hazardous or corrosi�e
materials, as defiined by the En�ironmentaf Pratectian Ag�ncy, Texas
Department of Transportatian, or the Texas Naf�ral Resource Conservation
Commissian, a fee equal to one hundred-fifty �150} percent af the eharges
which may be assessed pursuant to subparagraph "a" al�o�e. in additior�, a
charge may be made #ar expenses incurred relat�d to �ro#ective clothing and
any other suppii�s or equipment used in hand�ing such materials, sueh
charge �ein� equaf ta the actual amour�ts incurred plus fifteen (15j perc�nt.
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f) Nothing contained herein shall b� construed so as to obligate Ci#y #o axpend
any sums af money. Further, nathing contained herein shall be construed so
as to guarantee to Gorr�par�y that Ci#y wall contact Company #or any towing
services contemplated by this Coniract.
2. lnvaicinq and Pa�rment. Gompany snalf Invoice City once per montn.
Company sha11 ir�clude,with the invoice such documents as may,be reasonably
requested to provide evidence of the services pro�ided ta the City, which at a
minimum shafl include� copies of the wrecker select�on �orm signed by the officsr
at tY�e scen� af the police pul! andlor personnel at �he Fort Wotth Auto Poun�ci.
5uch invaice shall be subject to the reWiew ar�d ap,provaf of appropriate City
personneE. City shafl remit payment to Company not more than thir�y (30� days
foElowing approual of invoice.
4.
V�HICI�E AND EQU{PMENT REQUIREMENTS
Company shall maintain at all t�mes the failawing v�hic�es and equ�pment
�.., . in working condiiian:
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a) A minimum afi two (2) wreckers, one of whicl� shali be nat less than 14,OOQ
�ounds grass vehicle weight a�d one af which shall be nat l�ss than i 0,000
pauncis gross vehicle weight, dual rear wheels, equippe� with a hydrauiic
operated winch, winch tines, and a k�aom rated at nat less than 8,000 pound
!ift capacity and a w�eel fift d�vEce rated at not less than 2,500 pounds.
b) At a minimum, all wreckers shali be ec�ui�ped w�th the failowing equipment,
which at a11 times sha11 k�e ma�niained in v�orking order:
1) Tow bar
2} Towir�g lights
3}
4}
5}
6j
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Emergency o�erhead warning lights �rec� ar amber co�or only)
Safety chain
Fire exiinguisher, A.B.C. Type
Wrecking bar
Broom
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8) Ax
9) Shnve!
10) Reflectors or traffic cones
�11) Trash co�tainer ,
i 2} Twa way �ace or computer communica#ion b�tweer� tow truck
and Corppany dispatcher ,
13) Backing warr�ing si�nal
9 4) Wheel��c�ocks
c) Each t�w #ruclt sl�all �ave permanently inscribed o� each side of the �ehicle,
in letters of �at less than three (3) inches �n h�igF�� the name, acidress and
telephone number of the campar�y. Magnetic or other forms of removable signs
are proh�bited.
d) Eacf� tow truck and the required equipment shalE be inspected by the Chief of
Po[ice or his authflrized designee p�ior ta E�eing used #or services cantemplated
by fhis contract. In addition, each tow truc�c a�d the requir�d equipmeni shall be
subject to intermittenf inspection to assure comPliar�ce with ihis contract.
�.
INSURANCE REQUIREMENTS
Company shall maintain insurance frnm insurers accep#abl� ta City of the
foflowing types and amaunts:
5.1 Commercia[ General Liability
$50a,o�0 each occurrence
$500,000 aggregata
or
• Garage Liabi[ity
$500,a00 eac� acci�ent, otk�er than auto .
$500,000 aggrega#e
5.2 Automobi[e L�ability
$5p0,000 each accident, combi�ed single limit
This coverage si�a{I include ali vehicl�s owned or non-owned that
are operafiing under Com�any's aperating a�thority.
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5.3 Cargol�n-Hoo�
�3a,00a p�r unit
Coverage shall incfucle both the uni# being tawed and its contents.
Uniis co�ered shall include but not be limited to motor vehicl�s,
trailers and boats. Coverage shall be written on a direct primary
�asis.
5.4 (�ARAGEf���PER'S LIA�IL[iY
$3Q,000 per unit
5,5 Wor�er's CompensatianlAccident Insurance
Coverage shall meet th� minimum requiremet�ts of state law as can-
tained in #he Motor Carrier Rules and Regulations.
5.6 Current insurance c�rtificates shall remain on fEfe with the City during the
term ofi this Gontract, Insurance coverages may, ai the sale discretion af the City,
be re�ised u�ward �pon tnirty (30) days prior written notice io Corr�pany. Poficies
si�all be endarsed as follows:
� to provide the Gity with a minim�m of t�ir�y (3D} days natice of
cancellation, non-payment of premium, or non-renewal; �
e to cover the City as an additiana[ insurec� on liabilify insurance policies,
except #or empioyer's liabiiity; and
� to include a waiver of subragation in favor of the Gity.
5:7 !n the euent a staie or fiederal Eaw, rule or regulatian per�ainEng to wrecker
service companies opera�ing within the State of Texas exceed insurance
reqt�irements specified k�erein, such siate a� federal [aw, rule ar regulation. shall
prevail for th� respective type ofi insurance co�erage and/o� limit thereofi.
6.
DUTIES AND RE5PON51BfLITIES OF COMPANY
Compa�y, dur�ng the term of this contract, shall perform t�e fo{iowing duties
and have the fallowing respansibilitiss:
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a) Mairi�ain as its primary business the tc�wing of vehicies or trailers by wreckers
m�eting #he requirements of paragrap�s 4(a) and 4(b} above. "Primary
bUsiness" shal� mean that Gampany receives more than fifty per-c�nt (��%) of
it gross revenues from the towing of vehicles and trailers. All of campany's
records shall be open to r�asonable inspection, both at ihe time of ex��ution of
this agreeme�t and ,at any time during tl�e term hereof, to verify. camp{iance
with this condition,
b) Maintain a currently licensed v�hicle storage facility lacated within the corporate
iimits of the City. "Vehicle s�orage facility" shall mean a facility operated by a
person licensed under Artick� 5687-9a, Revised Stat��tes.
c} Maintain busin�ss operation twenty-four �24} ho�rs a day, se�en days per
week. -
d) Respond to all.calls cor�templated by ihis confract witi�ir� thirty (30) minutes of
nofificatian, except in extraordinary situations where defay is caused by ice,
snaw or other wreatt��r refated conditions. !n the event ComPany fails to
respond as required, City may natify another wrecker company and Campany
shall not be entit[ed to the compensation to wh�ch it wauld have been enfitfed
ha� it arrived timely.
�} Natify the City of a�y ehange af owr�ership, president or chief �xecutive ofi�icer,
or change of address within five (5) business days of any such change.
f) DeliWer the mator v�hicfe being tawed to the locatiot� within the corporate limiis
of City designated by the police officer at the scene of the pull. Defivery sha11
b� made withaut delay ar detaur.
g) F�lly coaperate with any investigation conducted by the City regardir�g
camplaints agains# Company, whether ar not such complair�ts arise out of
ser�ices contem�lated �y this Cantract.
h) Shall �at become definquent in tfi�e paym�;nt of any taxes due ta City.
i} Shap r�at go fio a�y accident scene unfess the Campany has �een called to the
scen� by the Qwner or operator of a vehicle or an authorizec� representaiive af
same, or by th$ City.
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� j) Shall not solicit any wrecker E�usiness withir� the corporate limifs of City at the
scene of a wrecker� ar dEsabCed vehicl�, regardless o� whe�her the soiici#ation is
far the purpose af soliciting the busin�ss of towir�g, repairing, wrecking, storir�g,
trading, or purchasing the �ehicle.
k) Shal[ only employ dri�ers af tow trucks authorized to aperate same.
!} Provide ihe Pa[ice Pound Personnel with an invaice at the time the �ehicle is
delivered ta the Auto Pounci tagether with the signed wrecker selection form to
be provided. �
� 7.
TERMINATION AND SUSPENS�ON
A. This contract may be �terminated or suspendeci by Gity for any of the
following causes:
j. Violation af any t�rm andlor condition specifieci in this contract.
2. Failure #o �otify the Communica#ions Division o# the Poiice Department
wiihin fifte�n (15) minutes from t�te time of notificatian if the Compa�y
will be unabla to t'espond within the thirty (30) minut�s aIlotted for a
response �o a call for wrecker service.
� 3. Permitt�ng a taw truck to be operated by anyane whife under the
influer�ce af aicohol andlor drugs.
4. Permitting a tow truck to be operated by ar�yone whose operator's
license is susp�nded:
5. Transferring ar assigning any call far service ta any other com�any
6. Any sustained complaint of theft i�y personnel o� Company while acting
in their capacity as employees of Campany, whether occur�ing c�uring a
police pull or o#herwise.
7. Any sustair�ed camplaint of threats made by personnel of th� Company
while acting in their capacity as �mployees of Company made against
third parties during a pol�ce pull or otherwise.
8. Failing to compiy with alf directions of palice persannel at the scene ofi a
police pull or civilian ernployee at the Police Pound. Company may
request a police supervisar to validate any such d�rection given.
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9. Five (5) passes withEn a thirty (30) day period. Pass in this paragraph
shal� mean Gompar�y faiiing to notify the City of ifs i�ability to respond to
a request far service as required by paragra�h 2 above.
10.Ten (�0) passes within a thiriy (30) day period. Pass in this paragraph
�f�afl mean a Company notifying the C�ty of its inabi�ity #o responc� to a
request for s�r�ice as requared by paragraph 2 abo�e.
11. Violation of any ru}e vr regulation cor�tained in Exhibit "A" attached
hereio.
� 2. Failure to camply with any state ar federa� iaw or city ordinance related
to the operat9on of a wrecker company. �_
B. Ci#y shall natify Company in wfiting of its intent to terminate or suspend far
cause �wenty (20) days prior to such suspension or terminatian. Company sf�a11
ha�e tf�� right to r�ques# a hearir�g before the Chief of Police or his designee
regarding the intent #o terminate or suspend for cause hy requesting a hearing in
writing witliin fiive (�) business days after rec�ipt of natice af ir�tent to terminate or
suspend. A he�ring sha[I be conducted within fifteen (15} days of the request fior
hearing. The City, in its sole � ciiscretion, may temporar�iy suspend this contract
du�ir�g any appeals proeess.
G. In the event th�s contract is suspended for cause, the s�spension shali be
for a�eriod of time of nat less fhan six (6) manths nar more than twelve (12)
manths.
d. In the event City suspends or termina#es this contract for cause, and the
cause fnr such sus�ension ar termination is determined to bc invalid, Com�any`s
sofe remedy shall be reinsta�ement of this cant�act. Company expressly waives
any and all rights to monetary cfamages, inci�ding b�at noi limited to actual and
punitive ciamages, court cos#s and attomey's fees.
8.
lNDEMNfFICATfON
WitF� regard to any liabifity which might arise hereunder, City and Customer
agree that they shall be sofely and exclusively liable for tne negligence of its awn
agents, servants, subcontractors and employees and that neither �arty shall look
. $
0
#o the ot�er party ta save ar ho{d it harmless for� he consequences of any
negEigenc� on the pa�t o# one af its awn agent, servant, s�bcontractor vr
employee. No#hing contained herein sha11 be construed to be a waiver by City of
any ri�ht af protectiar� which it enjoys under ap�licable Stat� or Fe�eraE law.
ASSiGNMENT
Gompariy shall not assign, transfer or �suE�let this Contract or any portion
hereof to any party withaut tl�e priar written cansent of City which shafi not be
unreasanab[y withhefd. Any such assignrr�ent, transfer or sub�ettina of this
Gor�tract without the consent of the Cjty shall be uoj�l ar�d shall o�erate as a
termination E�erevf.
' 9.
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ZONES AND RUTATION LiST
A. City sha11 divide the city in#o faur (4) zones which shall correspond to the
four (4j patral divisions. Campany shall be assigned to #he zone or an adjacent
zone in which it maintains its principal place of business.
B. City shalC create a rota#ion list within each of the four (4j zones that wi{I
dictate the order in whEch wrecker companEes are contactee�.
C. Gity may request Company to conduct a police pu11 within any zo�e, and
Company agrees tc� use Ets be�t �fforts ia arrive at the scene of tf�e po[ice taw
withir� thirty {3Q) minutes.
�i 1.
fNDEPENDENT CONTRACT�R
It is �rnderstoor� and agreed by the par�ies t�ereto that Company shall
perto�m aii work and services hereund�r as an independertt contractar, a�d not as
an af�icer, agent, senrant or em�ioyee af tt�e City. Company shall t�ave exciusive
control of and the exclus�ve right to cantrol the details of the work or ser�ice to be
performed hereunder, and all persans performing same on beha�f af Gompany,
and shall be saleiy responsible far the acts and om�ssions of iis officers, agents,
servants, employees, cantractors, subcontractors, ficensees and invitees. The
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doctrine of responden� superior sllall not apply as between the City ax�d
Compax�yy 3�5 offic�rs, agents, servants, �mployees, connactors and
subcontraciors, and nothing her�in sha11 be canst�-ued as creatillg a partnership
or joint ventur� vetween the parties hereto.
In i ess whereof, �he parties heret have executed this Contract an
the ��� day of �,� , 24� � 4
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ATT�ST:
(�loria P���so1�, City Secretary
APPROVED AS TO FORM
AND LEGALITY
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Assistan� �i y Atto�7�ey
ATTEST:
Corporate Secretary
CITY Y1�` FORT WC�RTH
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B�.� � �� _ _
�,ibUy �Vatson
Assistant City Managei
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cantract Au�ito������on
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Date
l�Iaddl�x Towin�, Inc.
(Company Nan1e)
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By:
M ' Shalabi, President
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EXHIBiT A
AUTQ POUND
The following rul.es and regulatians w111 be follvwed by all wrecker compan�es
upon arrival aC tl�e auto paund.
;
1. The gate w�ii nar be blvcked by rareckers waiting ta enter or exit
the pound. � •
2. Na more than two�(Z) wrecicers shal�. be aurl�orized in the �xont area,
for inventory puzposes, at any one time.
3. Na wrecker sY�all eneer the pound with more than one (1} persan/opera-
tor, unless authorized by the on duty shi�t sugezvisor. This will be
done on a case by case bases.
4. For safety�reasons, a car carrier sha�l be requi-red to of£ �.oad their
cargo when passi.lile. T'his s�al.i be dete�mi.ned 'by the an duty su�ex--
visor.
5. Znv�nkories shou�.d be handled in an expeditiaus manner when possible:
Howe�rer, pound personne� are required to do a coinglete an�d precise
inven�.ory of all praperty and vehicles. A speci�ic time frame would
be impossi.bl.� to institute.
6. Wrecker drivers shall not be aTlowed to d.rive up and dawn the rows,
looking for vehicles to reposses for companies said wreckers represent.
7. T�e use of car caxriers, dollies, extra Cime, extra equipment, etc.,
shall be subject tv approval by rhe Wrecicer administrator or Pound sup-
er�visor .
8. Wrecker operaCors/owners shali be requfred ta follow any direcrions or
iristructions given by auto paund personnel.
9. Violarians of any of the above rules shall be subject ta review by the
Wrecker administrator.
Disciplinary ac�iaa may be determined by the pound super�is�r or a ha.gher
cammand level.
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G'it� o�'�'�rt �'�rt�a9 7"��aca�
���o� an� �o��t��l G'�m���i�ati��t
DATE R�FERENCE NUM$F;1� 1,OG N.�M� PAGE
o3f1$197 I C-1�9�1 I 7z�oL# � 1 0# i
sys�c� ` CONTRACTS F4R T011V.TRUCK SERViC�S �OR THE POLEC� DEPARTM�NT
REC�MMENDATION:
It is recommended t�at the City Councif authorize th� City Manager to execute contracts for
towing services wi�h those fit'ms desiring to enter inta same and meeting the contract
requirernents.
DISCU5510N:
The new ordinance regulating non-consent tows wit�hin tha city limits requires companies desiring
to perforrri non-consent tows for the Police Department to execute a contract �nrith t�e City.
There are �F�ree types of c4ntracts. standarci tow trucks; tilt bed�rollback tow trucks; and tandem
taw trucks. The fees for services to be provid�d are the same as cantained in �he ordinance.
Cantracts will lae executed with any firm desiring to perform palice pulls that meets the con�ract
requirements, suel� as towing operatians being the firm's primary business, vehicle s�ecifications,
insurance, and focal licensed storage facility.
The es�imated expenditure for towing services for tF�e remainc�er of the current fiscal year [April
t�rougF� September} is $5Q0,000.00
F15CAL INFORMATIONICERTIFICATI�N:
The ❑irecto� of Fiscal Services certifies that there are s�afficient funds avaifable in the current
aperating �udget, as appropriated, in the Generai �und.
CB:m
Suhmitked for City Manager's
Ofiice 6y:
Lihby Wauan
OriginAting Departmeat Heaci:
Wade Adkins
For Additional ]nformat�on �
Cankuct: I
Wade Adkins 7623 I
! I'UND � ACCOUNT
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851!
7623 (from)
� CGOI 539I24
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CENTER I AMOUNT
�3533d3 $Sp0,000.00
CITY SECitETARY
�PPROV�D
G�iY C4U�CfL
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Citp nt F'� ort eYa�rth� ��ae