HomeMy WebLinkAboutContract 27912, . ���Y ���RE%4�V I1�.
� ��a�i��Ci ��? . _ ���
GONTRACT FOR TOW TRUCK SERVICE
(TILT BED/ROLL BACK}
WHEREAS, ihe City of Fort Worih occasionally requires t11e service o�
tow trucics; and
VVHEREA5, such tow �ruck services are necessary to pratect the safety
of the citizens of the City o� Fort Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City af Fort Worth, hereinafter refez-red to as "City", acting herein
by and througll Libby Watson, its duly authorized Assistant City Manager,
and Maddux Towin�, Inc., hereinafter referred to as "Conapany", acting
herein by and tllrnugh I1�fazin Shalabi , its duly authorized Pr�sid�nt,
agree as �ollows: '
1.
SERVTCES
City herevy canizacis with Colnpa�ly to provide palice pull towing
service. As used 1�er�in, "poliee pull" sllall mean that the For� Worth Police
Departm�nt has called Company from the rotation list to eitller �emove a
wrecked or disabled vehicle or to remove a�ehicle in a safe driving condition,
but the ow��er is not preseni, able ar pei-n-utted to drive or to malce
authorizations.
2.
TERM
The tei-�n af this contract sha11 �e for a period oi twelve (12) months
froni t�ie date of its execution, with four options to renew for tenns of one year
each, unless eariier terminated as hereinafter �ravid�d, Renewal shall occur
upon City inclL�ding in its budget for the option� years sufficient funds to pay
for its obligations hereundex and Company providing proof of insurance to
City.
3:
COMPENSATION
1. Conit�ensation. As compensation for providing the services
contemplated vy this Conhact, City agrees to p�y Coxnpany as follows:
� �U'��►&�V��+� !� �i��'� �
�' �' ��� ����:-�
�. � �� � ��. �
,. .. .
a) Towaae. A charge af �ighty-#ive dailars ($8�.00) for towi�tg sucF� vehicle from
one point on a street to an�ther Zocation withi� the corporate limits af th� city
� as directed by the palice officer at th� place where the tow ariginated; such
, cha�ge inc�udes one hour of Extra Wor�c. In the e�ent Company responds to
the scene of a paiice pull with a ti[t bed/rall back trucic wher� ti�e police pull
could have been accomplished wit� a standard tow tr�ck, Company shall be
en#itled #o the reduced charge of s�xty-five doilars ($65:00).
b) Second taw vehicle. In the eveni the police officer at th'e scene cietermin�s
that a standard #ow vehicie Es required in addition to the tilt faedlrall back
truck, a charge of fifty ($50.0�) per hour, with a mi�mum charge of one hour,
billed in increments af f�fteen (� 5) minutes whiie at the sc�ne af tf�e palic�
pull. The use of a second tow truck sha[1 b� approved by a police st�pervisor.
Travel time is excluded.
c} Extra work. Ar� additional charge of fifty dollars ($5Q.D0} per hour, with a
minimum charge of one hour, charged in incremer�ts of fifteen (15} minutes,
for removin� vehicles which are off the street right-of-way, such ci�arge fo be
made from ihe time the operator begins to remove the vehicl� until it is on the
tra�eled portion of the street. Even ti�ough the vehiele is wit�in the str�et
right-of-way, an atiditional charge may be made i# the vehicle is located in
some un�suai conciitior� within the rigl�t-of-way, such as, bu# not fimited to, a
river or a creek bed or a ditch of greater depth than the ordinary bar ditc�.
Extra work shall only be allowed wher� authariz�d by a palice officer at the
scene of the pull. The charges for such extra wark shall be re�iewed and
approved by the Auto Pound Wrecker Administrator. Extra wark excludes
trauel time, waiting time, and clean-up time.
ci) Handlina hazardous materials. Wh�n the cargo of any motor vehicl� or
traifer incfudes explosive, �uclear, �adioactive, hazardous or corros��e
materials, as defined by the Envtronmental Pratection Agency, Texas
Department of Transpo�#ation, or the Texas Natural Resource Cans�rvation
Cammission, a fee equa! to one hundred-fifty (150) percent of the charges
permitt�d �ndEr subparagraph "a" above. In addition, a charge may be made
2
0
far expenses i�tcurred related to pratec#ive clothing and any ather supplies or
equipment used in handling such materials, such charge being equal to the
actual amQun#s incurred plus fifteen (15} percent.
e) Nothing contained herein shall be construed so as #o obligate City� to expend
any sums of money except #or work actuaily performed. Further, nothing
contained her�in snalf be cor�s#rued sa as ta guaraniee that City wilf contact
Compar�y for any tawing service con#empla#ed by this Contrac#.
2. Invoicinq and Pavment. Company st�all Invoice City onc� per month.
Company shali ir�clucfe with the invoice such docume�ts as may be reaso�ab[y
requ�sted to pro�ide evid�nce of the services provid�d to the City, which at a
minimum shall inclu�e co�ies of the wrec�Cer se�ection form signed by the officer
at the scene of the po[ice pu[I ancf/or persannel at t�e Fort Worth At�ta Pound.
Such invoice shafi be s�iaject to the review and approval nf appropriate City
personnel. City shall remi# paym�nt to Company not more tha�n thirty (30) days
foll�wi�g appra�al of invoice.
�
VEHICLE AND EQUiPMENT REQUIREMENTS
Campany shall maintain at all times #he follawing �eh9cles an� equipment
in working cora�ition:
a) A minimum of one (1) tilt bed/rall back dual rear wheel wrecker rated ai not
iess than 14,000 pounds gross vehicle we�ight.
b� At a minimum, a!i wreckers�sf�all be equipped with the following equipment,
which at all times shall be rnaintained in working order:
1)
2)
3)
4}
5)
6)
7}
Tow bar
Towin� lights
Emergency o�ert�ead warning lights (r�d or amber c�fo� on[y)
5afety chain
Fire extinguisher, A.B.C. Type
Wrecking bar
Broom
3
�
8)
9)
1 Q)
j1)
12)
Ax
Shovel
Reflectars or traffic �anes
Trash containeT
Two way vaice or eomputer communication between tow truck and
Campany dispatcher
13) Backing waming signals -� �
14) Wheei ci�acks
� - 15} Traffic canes
c} Each taw truck st�all have permanently inscribed or# each side flf the vehicle,
in letters of not less than tnr�e (3} inches in height, ihe name, address and
telephone n�mber af the company. Magneiic or other #orms of removable signs
�re pronibited. �
d) EacF� �ow truek ar�d the required equipment shall be inspected by the Cl�ief of
Poiice or his autharized designee prior to being used for services cantemplated
i�y th�s contract. In additiar�, each tow truck and the rec�uired eauipment shall E�e
sub�ect io intermitien� inspection to assure cvmpiiance wi�h this contract. ,
5. �
INSURANCE REQUIREME�ITS
CamPany sha11 mainta�n insurance of the following ty�es and amaunts from
insurers acceptable fia the City:
5.�
Commercial G�nera[ Liability
$50n,�40 each occurrence
$500,OOD aggregate
or
Garage Liability
$500,000 eac� accident, ather than auto
� $500,000 aggregate
�
5.2 Autamobile �iabi�ity
$5q0,000 each accideni, combined sir�gle limit
' This coverag� shail include al� �ehicles ov�med or non-owned tha#
are operating under Campany's operating au#ho�ity.
5.3 �argol�n�Hook .
$30,000 per uni#
Coverage shall inc��de �oth the unit being iowed and its cantents.
Units coveted shall include but not be timited io motor vehicles,
trailers and boats. Cov�rage shall be rn�tten an a direct primary
basis. �
5.4 GARACEK�EP�R'S LIA�I�,lill
� �$30,000 per unit
5.5 Worker's CompensatiorU�►ccident Ins�rance
Coverage sY�all meet the minimum reguirements of state law as con-
' tained in the Matar Carrier Rules and Regulatior�s. •
5.6 Current insurance certificates sF�all remain o� file with the Ci#� during the
term of this Cantract. lnsurance coverages may, at tF�e sole discretion of the Ci�y,
be re�ised �pward upon t�irty (3Q) days prior written naiice to Company. Poiicies
, shal[ be.endorsed as follows:
� to provide the City with a mi�imum of fF�irty (30j days natice of
cancellation, non-payment of p�emium, or nan-renewal;
Q to cover th� City as an addiiional insur�d on liabi[ity insurance palicies;
except #or em�[oyer's liability; and
� to include a waiver of suhrogatian in favor of the City. �
5.7 In the �vent a s�ate or federal taw, rule or reguiation pertaining to wrecker
service companies o}�erating withi� th� State of Texas exceed insurance
r�q�irements s�ecified herein, such state or federal faw, ruie or regulatior� sha{i
prevail for the respective type of insurance coverage andlar limit #hereof.
�y
�
DU.TIES AND RESPONSIBILITIES OF COMPANY
Company, during the term of this contract, shall perfarm the foilowing cit�ties
and have the foflowing responsibifities:
a) Maintain as its primary business ihe towing of vehicles or trailers by
wreckers meeting the req�iremertts of paragraphs 4{a) and �(b) above.
"Primary b�tsi��ss" shall mean that Company receives mare than fifty per-
cent (50%) af it gross revenu�s from t�te towing of vehrcles and trailers. Ai!
of company's records shali be open to reasot�able inspection, both at the
time of execution ot this agreement and a� any #iFn� during th� term hereof,
to verify compliance with this condition.
b} Maintai� a eurrently licensed vehicle storage faci�ity lacated wit�in the
corporate fimits of ti�e City. "Vehicle storage facility" shal! mean a facility
operated by a person under Article 6687-9a, Rev�sed Statutes.
c) Maintain business op�ration twenty-four (24) haurs a day, seven days p�r
week.
d} Respond fo all calls contemplated by this contract within ti�irEy (30} minutes
af notificatian, except i� e�ctraordinary situatia�s where delay is caused by
ice, snow, or other wea#�er related conditions. �r� the e�e�i Company fails to
respond as required, C�ty may notify another wrecker campany and
Company shall not be entitled fo the compensation to which it woujd have
been entitled had it arrived #imely. �
e} Notify th� City of any change of awnership, president or chief executive
officer, or change of address witf�in five t5) busin�ss days o# any such
change.
f) Deiiver the motor vahicle being towed #a the location within the corporate
iimits of City c�esignated by the palice officer at the scene o# the �aull.
Defivery shall be made without delay ar detour.
g) Fully cao�erate with any in�estigation cor�ducted by the City regarding
complai�ts against Gompany, wf�ether or not such complaints arise aut af
services contempiated by this Contract.
G'.
h) Shail not b�come cfetinquent in the payment of any taxes due ta City.
i) Shal[ not go ta any accid�ni scene unless the Company has been ca�led to
the scene by the awner or op�rator af a vehicle or an authoTized
repr�sentati�e of same, or by the City.
j) Sf�all not solicit any wrecker b�siness witF�in the corporate limits of City at
th� scene of a wrecked or disabled �ehicis, regardless of wheiher the
soficitation is for the putposa af soliciting tY�e business of towing, repa�ri��,
wrecking, s#oring, trading, ar purchasir�g th� �ehicle.
k) Shal� only �mpEoy drivers of tow tr.uck$ authflrized to operafe same.
[} Provide the Police Pound personneE with an in�ice at the time t�e vehicle
is deli�ered to the Auta Pouncf together witF� the signed wrecker seEection
form #a be provided.
7.
TERMENATION AND SUSPEN510N,
A. This contract may be termina#ed or suspended by the Gity for any of the
following causes:
1. Violation of any #erm or condition specified in this contract. �
2. Failur� to notify the Communicatians Di�ision of the Police Department
witE�i� fifteen� (�15j minutes from the time of notification� if the Com�any
wiEl be una�ie to respond within #he thirty (30} minutes aflotted for a
respons� #a a wrecker call.
3, Pemnitting a tow truck to be operated by anyane while under the
influer�ce of alcof�a! andlor drugs.
4. Permitting a tow truck to be operated by anyone whose operato�'s
license is susper�ded.
5. Transf�rring or assigning any call for service to any other company
6. Any sustained com�alair�t of tF�eft by personr�e{ of ComPany whEle acting
in their capacity as employees of Company, whether occurring �uring a
poiic� pull or ott�erwise.
7
7. Any sustained complaint of threa#s mac�e �y persannel af the Company
whiEe acting in their capacity as employees of Company made against
third parties during a police pull or otherwise.
8. Faifing to comp�y with all directions af poiice p�rsor�nel at the scene of a
police pull or civilian or police personnel at the Polic� Auto Pound.
Company may request a police supervisar ta �aIidate any such direction
� given.
9. Failure to comply with any state or federai law or city ordinance related
to the operation of a wrecker company.
� Q. Five (5) passes within a thir�y (30} day peridd. Pass in this paragraph
sha�! m�an Company faiEing to notify the City of its rnability to respond to
a request for service as requi�ed by paragraph 2 above,
��.Ten (�0) passes within a thirty (30) day �eriod. Pass in ihis paragraph
shall mean a Company notifying the City of its inability to respond to a
reque5t for senrice as required by paragraph 2 above.
12, Violation of any �ule or regulation contained in Exhi�it "A" attached
hereta.
B. City shall r�otifiy Company in writing of its inteRt to terminate or s�spend for
cause twenty (2�} days prior to such suspension or t�rmination. Campany shail
have the right to request a hearing befare the Chief of Police ar his designee
regarding the intent to #erminate or suspend for cause by requesting a hearing in
wriiing within fve (5) business days after receipt of not�ce of intent to tem�air�ate or
s�spend. A hearing shali be canducted within fifte�n (15) days of the req�est #or
hearing. The City, in its sole discretion, may temporarily suspend t�is contraci
during any appeals p�ocess.
G. In the event this eontract is suspendec! for cause, the suspension shall be
for a period of time of not less than six (6) rnonti�s nar more than twelve (i 2)
mar�ths. �
D. 1n the e�ent City suspends or terminates t�is con#ract for cause, ar�d the
cause far such suspension or termination is detemnir�ed to be invalid, Com�any's
safe remedy shall he reinskatement of this caniract. Company expressEy waives
8
any and afl rights to monetary damages, including but not �imited to actua� and
puniti�e damages, court costs and attamey's fees.
8.
INDEMNIFICATION
With regard to any liahiliiy which might arise� hereunder, City and Customer
agree that they si�all be solely and exclusi�ely Iia�Ie far #he negEigence of its own
agents, servants, subcor�tractors and emplayees and that neither parky sha!{ loak
ta the other party to save o� hold it harmless #ort i�e consequences af any
neg�igence on the part of one of its own agent, servant, subcantractor or '
emplayee. Nathing contained herein shalf be construe� to be a waiver by City of
any right of protection which it enjays under appEicabfe State or Federal law.
9.
ASSIGNMENT
Company shall not assign, transfer or sublet this Cor�tract or any portian
h�reof. to any par�y withaut the prior written cnnsent of City whic{� st�ail nflt be
unreasonab�y witht�eld. Any such assi�nment, trar�sfer or sub�etting af ihis
Contract sY�all be void and shal! operat� as a termination hereof.
�0. �
Z�NES AND ROTATION LIST
A, City shall di�ide the eity into faur (4) zones which shali carrespon� to �#�e
four �4} pairol divisions. Company sha11 be assignec� to the zone or an adjacent
zone zn which it maintains its principal piace of b�siness.
B. City shafl create a rotation list within each of the four (4) zones that w�![
dictate the order in which wrecker compa�ies are contacted.
C. City may request Company #a conduet a po.lice p�11 within a�y zone, a�d
Company agrr�es to use its best efforks to arrive at the scene af t�e police pull
wjthEn thirky (30) minutes.
11,
INDEPENDENT CONTRACTOR
It is understood and agreed by t�e parties hereto that Campany shall
perform all worEc and ser�ices hereunder as an inde�erident cor�tractor, and not as
E
�
an affice�, agent, servani or employee of the City. Company shall have
exclusive control of and the exclusive right �o control the details of �he worl�
or service �o be performed hereunder, and a11 p�rsons performing same on
behalf of Comp�ny, and shall be solely responsible %z the acts and amissions
of its officers, agentis, servants, employees, con�ractors, subcon�ractors,
licensees, and invitees. The doc�rine of respondent superior shall no� apply as
between the City and Company, its offieers, agents, servants, �mployees,
colliractors ai�d subcontractors, and notl�iilg herein shall be consnued as
creating a partnex'ship or j oint v�nture Uetween tlle �arties hereto.
In wi� ess whereof, the parti�es hereto llave executed ihis �onkract on
the C(o � day o�' �, 2002_.
ATTEST:
,
�Ioria Pear�n, City Secretary
APPROV�D A5 TO FORM
AND LEGALZTY
.-- ,
�,
t
Assista t City Attorney
CrTY �1`F FQR:� W�$�'�
, � . ,
_ � Q
B :- ----� .
��ibby �atson
Assistant City Manager
- _ �-.__�.��� � ._
�������� Autho�i���fon
_ � I�'�-��-�-'� -- —
Da�@
Maddux Towin�, Inc.
(Company Name)
ATTEST:
Corporate Secretary
By: �
M 'n Shalabi, President
4 ��
� ����r�uf��� ���__� {I
�s7�i' 1�"_�
I.F
� � r a�l �'
� ; �L. � �
�
_ � �� ' �, $��
A
EXHIBIT, A
AUTO POUND
The fo�lowing r�les and regulat�ons will be EolI.owed by a7.1 wrecker companies
upan arrival ar ehe auto pound.
I. The ga[e wi].1 not be blocked by wreckers waiting ta enter or exit
the pound. •
2. l�o more �han two (2) wreckers�sha�l be auChorized in the front area,
�or i.nventory pu�poses, at any one tiwe. � •
�?
. �
3. No wrecker shall entex the pound wi.th m,oz'e than ane (i) person/opera-
�or, un�ess authorized by �he�on duty shift supervisor. This wil�. be
dane on a case by case�•bases. �
�. Far safety'r�asons, a� car car-rier� shal.I. be requixed to off Ioad thel.r
cargo wfien possitile. '�his sha].7. be determined 'by the on duCy super-
visox.
5. Inventories�should be hand•�ed in an exp�dit�.ous manner when possible:
However, .pound personnel are requ�.xed tci da a compi.e�e and precise
inventory,o� a7.1, properCy and vehi.cl.es. A•sp��cific Cime frame woul.d
�e �,mpossible �o institute. �
6. Wrecker drivers shall not �be a�:].owed to �dxi.ve up and down Che rows,
looking for ve�ic7:es to reposses fox' companies said wreckers represent.
7. The use o� car carrier"s, dollies, extra time, extz�a equi.p�nent, etc.,
' sha].i. be subject to approval by Che Wrecker adm�.ni.strator or Pound sup-
ervisar. �
8. Wrecker operatorsJowners shaJ.l be required ta follow any directions ar
instructi.ons given by auCo pound persannel.
9. Violations of ar�y of tY►e a6ove rules shall be subject �o review by the
Wrecker administrator.
IIisciplinary action may he determined by the paund supervisor or a higher
command 3.eve� . �
r
y f �
\
��
C�tjr o,�'.�'��t �o�t�, 7'���s
�c��or a�� C�����r �'o�t��c�i�ati��
DATE IZEFERENCE N[7MB'�It l.,UG NAM�c PAGE
03118/97 � Ca�.�951 � 12P0�1 ` 1 of 1
sys��cx � C�NTRACTS FOR TOW.TRUCK SERVIC�S FOR TH� POLICE DEPARTMENT
RECOMM�NDATION:
0
i# is recommended thafi the City Council authorize the City Manager to execute contracts for
towing ser�ices wi�th those firms desiring to enter inta same and meeting the cantract
requirements.
DISCU55lON:
The new ordinance regulating non-consent tows within the city limits requires companies desiring
to perform non-consent tows far the Police Department to execute a contract with the City.
There are �hree types o� contracts: standard tow trucks; tilt bedlrollback tow trucks; and tand�r�n
tow trucks. The fees for services to be provided are the same as containec� in tF�e ordinance.
Cvntrac�ts will be executeci with any firm d�siring to perform police pu11s that meets the contract
requirements, such as towing operatians being the firm's primary business, �ehicl� specifications,
insurance, and local licensed storage facility.
The estimated expenditure for towing servEces for the remaindet of the current fiscal year (Apri{
through 5eptemher) is $500,000.0�
FISCAL: INFORMATiONICERTIFICATfON:
The Direetor of Fiscal Services certifies that #here are sufficient funds a�ai[able in the current
operating budget, as appropriated, in the General Fund. __ _
CB:m ������� ������
�Ri s����r��
�. �����, �.
Suhmitled for City Manager's
�F�ce by:
Libby Watsan
Originating Departraent Head:
Wade Adkins
Far Additianal Ir�farmatian
Contact:
Wade Adkins
FUND � ACCOUNT �
(ta)
8511
7623 (from)
GGO1 53912D
7623
CEHTER ,
03533d3
AMOZIN'I'
$SOO,OOO.DO
CITY 5EC12�'�'ARY
A�PROV�D
��YY cou�cfl
MAR Ys 1g97
�%J �
Ctt� �F�ry af th�
Ciiq ot Fort �➢'arth, �eaa�
� Prtnted an Recyded Paper