HomeMy WebLinkAboutContract 27414� ��
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CITY �E�R�'1��1i � I�
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CONTRACT FOR TOW TRUCI� SERVIC����RACT 'P+J4.
' (STANDARD SERVTCE}
WHEREAS, the City o� Fox� Worth occasionally requires the service of
tow trucks; and
WHEREAS, such tow truck services are necessary to protect the safety
of the citizens of the City o� Foxt Worth,
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City of Fort Worth, hereinafter referred to as "City", acting herein
by and thraugh Libby Watson, its duly authorized Assistalat City Manag��,
and James L Milner Tndividuallv Owned and dba J L Miln�r Wrecicer
Service, hereinafter referred to as "Company", aciing herein by and thxough
James L Milner , it� duly authorized Owner, agree as follows:
1.
SERVICES
City her�by contraCtS with Company to provide police pull towing
service. As used herein, "poXice pull" shall mean that the Fort Warth Pnlice
Department has called Company from the rotation list to either re�nove a
; wrecked or disabled vehicle ar to renlove 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 term of this cont�act shall be for a period of twelve (12) months
from ihe date of its execution, with four options to renew for te�-�ns of one year
each, unless earlier terminated as hereinafter provided. Renewal shall occur
upon City including in its budget �or the options years sufficient fiinds to pay
for i�s obligations hereunder and Company providing proof of insurance to
Ciry.
3.
COMPENSATION
1. Compensation. As compensation �or pxoviding the services
contemplated by this Con�ract, City agrees to pay Company a� follow�• �.-. .-� J. u`
; �'��C�G�� ���V4��
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a) Towaae. A charge o� sixty-five dal�ars ($��.00) far towing such �ehicle from
ane point art a street to another locatior� within the corporaie limits o# the city
as directed by tF�e police department at the place where ihe tow or�ginafed;
such eharge includes one haur of extra work. �
b) Secnnd tow truck. � In tha event the po{ice officer at the scene �etermines
that a second tow truck is required, a cf�arge of fifty dollars {$50.00) per hour,.
with a minimum charge of one haur, billed in inc�ements nf fifteen �15�
minutes while at t��e scene flf the poiice pull. The use. of a second tow truck
shall be ap�rov�d by a police supervisor. Travel time is excluded. �
c) Extra wvrk. An additianal charge of fifty cfollars ($50.00) per hour, with a
mir�imum charge of one hour, charged in increments of fifteen (15j minutes,
for removing vehicles which are off #h� street right-of-way, such charge #o be
made from the.time the operaior begins to remave the veY�icle untii it is on the
traveled partion of the street. Even though the �eh�cle is w�thin the street
rigF�t-of-way, an additiona� charge may be made if the vehicle is lacat�d in
same unusual condition within the right-of-way, s�tcF� as, but nofi iimited to, a
river or a cr�ek bed or a ditch af greater depth than the ordinary bar ditch.
Extra work shaEl only be aliowed when aut��rized E�y a police officer at the
scene of the pull. The charges for such extra work shall be reviewed and
approved by the Auto Pound Wrecker Adm�nis#rator. Extra work exciudes
t�'avel time, waiting time and clean-up time.
d} Use of a do�lv. No additional fee s�afl be charged for #he use of a dol{y.
e) Handlin� hazardous materials. Wh�n the carga of any motor vehicle or
trailer includes explosive, nuclear, radioactive, hazardous or corras[ve
materials, as define� by the Environmental Protec#ion Agency, T�xas
Department of Transpo�#ation, or the Texas Natural Resource Conservation
Commissian, a fee �qual to one hundred-fitty (150) percent of the charges
whieh may be assessed pursuant to subparagrapF� "a" above. in addition, a
charge may be made for expenses incurred related to protective clothing and
any other supplies or equipment used in handling s�uch materiais, such
charge being equal to the actual amounts incurred pl�s fifteen (i5} percent.
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f} Nothing contained �erein shal[ be construed sa as ta obligate City to expend
any sums of money. Further, nothing cantain�d herein shaE� be construed so
as ta gUa�antee to Company tF�at City will contac# Company for any towing
services contemplated by this Contract.
2. Invoicina and Pa�ment. Company shall Invoice City once per mor�tF�.
Company shal! inciude,with the invoice such documents as may:6e reasanably
requested to provide e�idence of t�e ser�ices provideci to the City, which at a
minimum shall inciude copies of the wrecicer selection form signed by the officer
at tf�� scene of the police puil and/or personnef at the Fort Worth Auto Pourid.
Sueh in�oice shall be subject to the review and ap.proval of appropr�ate City
personn�l. City sha[1 remit payment to Campany not mare than thirty (30) da�s
fo[fowing approval of in�oice.
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VEHiCLE AND EQUlPMENT REQUIREMENTS,
Company shall maintain at all times the fiallowing ve�ieles and e�uipment
in working condition:
a) A minimum af two {2) wreckers, one of whic� shall be not lass than 14,000
pounds gross �ehicle weight and one ofi wt�ich shal� be not less than 10,OOD
pounds gross vehicle weight, dual rear wheels, equip�ed with a hydrau�ic
operated winch, winch lines, ar�d a i�oom rat�d at not less tt�an 8,000 pound
lift capacity and a wheel lift dsvice rated at not less than 2,50� pounds.
E�) At a minimum, all wreekers sha11 be equipped with the follawing equipme�t,
which at all times shali be maintai�ed in workin� order:
1)
2)
3)
4)
5)
6)
7)
,
Tow bar
Towing lights
Emerger�cy overhead warning lights (red or amber color only)
Safety chain
Fire extinguisher, A.B.C. Type
Wrec�Cing bar
Broam
3
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,
8)
9}
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i2)
Ax
Shove!
Reflectars or traffic canes
Tras,h container
Two way voiee or computer communication between tow trucK
and Carppany dispatcher ,
13} Backing warning signal
14} Wheel chocks
c) Each tow truck shall have permanently inscribed on each side of the vehicle,
in �etiers of not less than three (3) inches in heigf�, the name, address and
telephone number of tne company. Magnetic or other forms of remavable signs
are �rohibit�d.
d) Each tow truck a�d the required equipment shall be inspected �y the Ch�ef ofi
Police or his authorized designee prior to being used for services contempiated
by this cantract. In addition, each tow truck arid the required equipment shail be
subject ta intermittent inspection to assure compliance with this cantract.
5.
�NSURANCE REG�UIREMENTS
Company shalC maintain insurance from insurers acceptab�e ia City of the
following types and amaunts:
5.� Commerc�a[ Genera� �iabi�ity
$500,004 �ach occurrence
$500,O�Q aggregate
ar
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5.2
0
This coverage shall include aif vehicles owned or non-owned that
are operating under Campany's operating authority.
4 ��
Garag� Liability
$500,000 eacF� accident, other than auto
$50Q,�00 aggregate '
A�tomobi[e L�ahility
$50Q,OOQ each accident, combine� s�ng[e limit
5.3 CargolOn-Hook
$30,000 per unit
Coverage shall include both the unit being towed and its contents.
Units ,covered shall include but not be limited to motar vehicles,
trailers an'tl boats. Coverage shall be wrii#en on a direct primary
basis. ,
5.4 G�1aAC�Ft����R'S �IA�1LIiY
$30,OU0 per �nit
5.5 Wor�er's GompensationlAccidenf Insurance
Coverage shall meet the mir�imum requiraments of state Iaw as con-
tained in the Motor Carrier Rules and Regulations.
5.6 C�rrent insurance certificates shall remain on file with the C�ty during the
term of this Coniract. lnsurance cov�rages may, at #he sole discretion of the City,
be revised upward upon thirty (30} days prior written natice to Campany. PoEicies
shall be endorsed as foElows:
o to provide the City with a minimum of thirty (30) days natiee of
cancel�ation, non-payme�t of premium, or non-renewal; •
� to cou�r the City as an additionaf insured on iiability insurance policies,
excepi for employer's fiability; and
o ta include a waiver of subrogation in favar of ihe City.
5.7 In tF�e �vent a state or federal law, rule ar regulation pertainEr�g to wrecker
service companies operating � within the 5#ate of Texas exceed insurance
requiremen#s specified herein, such stat� �r federal law, ruie or regulatian shall
prevail for the respec�i�e type of insurance coverage and/or limit thereaf.
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DUTIES AND RESPONSIBILITIES �F COMPANY
Company, during the term of this contract, shali perForm the fol[owing duti�s
,
and have the following responsi�ilities:
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a) Maintain as its primary business ihe iowing of �ehicles or trailers by wreckers
meeting tt�e requirements of paragraphs 4(a) and 4(b) abov�. "Primary
business" shafl mean thai Company recei�es more tY�an �ifty per-cent (�0%) of
ii gross rev�nues from the towing of vehic[es and trailers. AI! af compa�y`s
records shaf[ b� open to reasonable inspectian, bath at the time o# executian of
ihis agreeme�t and ,at any tfine during t�e term i�ereof, to v�rify. campliance
with this condit�o�.
b} Maintain a currently licensed vehie[e siorage facilify located within th� corporate
limits of the City. "Veh�cle storag� facility" shaf! mean a facility operateci by a
person (icensed under Article 6fi87-9a, Re�ised Stat,�tes.
c) Maintain business operation twenty-four (2�) hours a day, seven days per
w�ek. .
d) Responci to all.calls cont�mplated by tf�is c�ntract within thirty (30) minutes af
notification, except in ex#raardinary situations w�ere d�lay is caused f�y ice,
snow or other weather reiated conditians. ln the event Company fails to
respond as requi�ed, Ci#y may noti�y another wrecker compa�y and Company
sha11 not be entitled to fhe compensation to which it wouid have been entitled
had it artived timely.
e) Notify the Ciiy of any change of ownership, president or chief ex�cutive officer,
or change of address within fi�e (5j husiness days of any such change.
f) Deliver t�e mo#ar vehicle beir�g tawec# to the focation within the cor�orate [imiis
of City d�signated by the police officer at the scene of the �ull. Delivery shal{
be made withou# delay or cietour.
g} Fully cooperate with any investigation conduct�d by the Gity regarding
complairtts agains# Company, wf�ether or nat sucM eomplaints arise out of
serviees con#emplated by this Gontract.
h) Shall not become delinquent in the payment of any taxes due ta City.
i) Shaff not go to any accident scene unless fihe Gom�any has been called to the
scene by the owner ar operator of a vehicle or an aut�orized repres�ntative af
same, a� by the City.
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j) Shalf not solicit any wrecker business w�thin t�e corporate limits of City at the
scene af a wrecked or disabled �ehicle, regardless of whether th� solEcitation is
for the purpase af soiiciting the business of towing, repairing, wrecking, storing,
trading, or purehasing the �ehicle.
k) Sha[I only empioy drivers of tow tnacks authorized to operate same.
I) Pro�ide t�e Police Pound personnel with an ir�voice at the time the vehicle Es
del�vered to the Auta Paun� taget��r wiih ihe signed wrecker selecfian form to
be provided.
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TERMINATION AND SUSPENS�ON
A. This cantract may be terminated or suspended by City for any of the
followir�g causes:
1. Via[ation of any term andlor condition specified in i�is cor�trac#.
2. Failure to notify the Communications Division of the Police Departme�t
within fifteen (15} minutes from the time of notificatian if the Company
will be unable to responcf within the thirty (30) mi�utes .alEotted for a
respanse to a cail for wrecker service.
3. P�rmitting a tow truck to be operated by anyone while ur�der the
influence of alcohol and/or drugs.
4. Permitting a tow truck to be operated by anyone whose operator's
license is suspended.'
5. Transferring or assigning any caI! for seniice to any other company
6. Any susiained complaint of theft by personne[ of Company while acting
in their capacity as employees of Company, whether occ�rring during a
police pull or oiherwise.
7. Any sustained complaint of threats made by personnel af the Campany
while acting in tF�eir capacity as employees of Company made against
third parties during a police pull or otherwise.
8. Failing to comply with ali directions of police personnel at the scene of a
,
po[ice pull or civilian employee at the Police Pound. Company may
request a palice supervisvr to �alidate any such direction given.
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9. Five (5) passes within a thirty (30) day period. Pass in tf�is paragraph
shall mean Campany failing to notify the City of its inabifity to respond to
a request far senrice as requirecf t�y paragraph 2 abav�.
�O.Ten (10� �asses within�a thir�y (�0) ciay period. Pass in this paragraph
shall m�an a Company natifying the City af its inability to respond ta a
request for se.rvice as required b�1 paragraph 2 at�ove. .
1 i. Violatian of any rule or regu[at�or� contained in Exnibit "A" attacned
hereta.
12. Failure to camp[y with any 5tate or f�deral law or city ordinance felated
ta the operatian of a wrecker company. �}
B. City shall notify Com�any in� writing af i#s intent to terminate or suspend for
cause twenty (20) days prior to such suspension or termination. Company shall
have the right to request a hearing before the Chief of Police ar his designee
regarding the �n#ent to terminate ar suspend for cause by requesting a hea�ing in
wriiing witliin five {5) business days after receipt of notice of intent to terminate or
suspend. A hearing shal! be conducted witE�in fifteen �15) days of the request #or
hearing. The City, in its sole��discretion, may temporariiy suspend this cor�tract
during any appeai5 pracess.
C. In the evet�t this contract is suspended for cause, the suspension shall be
�or a periQd of time af not less than six (6} months nor more than twelve (12)
mor�ths.
D. In the e�ent City suspends ar terminates this cantract for cause, and the
cause for such s�spe�sion ar termination is de#ermined ta be inva[id, Company's
sole remedy shail be reinstatement of this coniract. Company expressly waives
any and afi rights ta monetary damages, �nclu�ing but not limit�d to actual and
puniti�e damages, court costs and attorney's fees.
8.
INDEMNIFiCAT{ON
With regard to a�y �iability which might arise her�under, City and Customer
agree that they sha1E be solely and exclusively liable for the negligenee nf its own
agents, servants, subcontractors and employees and that neither party shaff fook
:
to the otF�er party to sav� or hold E# harmless fort he consequences of any
negl[gence on the part of one of its own agent, setvant, subcontractor or
employee. Nothing cantained herein shall be construed to be a waiver by City of
any right of protection which it enjoys �nder appficable State or Federal law.
� 9.
ASSIGNMENT
Company shall not assign, transfer or �sublet this Contract or any portion
hereof to any party without the prior writtert consent of City w�ich sha11 not be
unreasonably witht�eld. Any sUch assignment, transf�r or sub[etting ot t�is
Contract without the cansent of the City shall be vojd and shall o�era#e as a
termination h�reof.
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ZONES AND R4TATION LiST
A. City sY�all di�ide the city into fo�tr (�) zones whict� shaf! correspo�d to the
#our (4) patral divisians. Company shall be assigned to the zone or an adjacent
zone in which it maintains its �rincipal place of busir�ess.
B. City shall create a rotation list with�n each of the four (4) zones t�at will
dic#ate #he order in wt�ich wrecker companies are contacted.
C. City may request Company #o con�uct a police pull within any zon�, ar�d
Company agrees to use its best efforts to arrive a# the scene of the palice tow
wiihir� thirty (30) minutes.
11.
[NDEPENDENT CONTRACTOR
It is understoo� arid agreed by the parties hereto #hat Cornpany shall
perform all work and services hereurider as an independent cantractor, and not as
an officer, agent, servant �r employee of the City. Campany shall have exclusive
cantrol �f and the exclusi�� right ta control the details of th� work or service to be
perfarmed hereunder, and al! persons performing same an behal� of Company,
� and s�all be solely responsible for th� acts and omissions of its officers, agents,
servants, employees, contractors, subcontractors, licensees and inv�tees. The
G]
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� doctrine af respondent superior shall not apply as between the City and
' Company, its officers, agents, se�rvants, employees, contractar� and
subcontractors, and nothing h�rein shall be construed as creating a partnership
or joint venture between �he pa7rfies herefo.
In wziness whereof, the rties h�reto have executed this Contract on
the ' day of ,c,���� , 20 d�.�-r
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AT 5T: _
� . ,� 1Y.tr. ',�...��.�-
'lori� Pear�on, Ciiy Sec�eiary
APPROVED AS TO FORM
AND LEGALITY
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Assistant 'ty Atto�-ney
ATTEST:
Corporate Secr�tary
CITY � FORT W �O�tTH
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B� �'�� � ��
`�ibUy atsan
Assistant City Manager
�-_�/�%�7 .
Contsa�t �u�F�oxiza�ion
�C - - .� ? - v�
D�tG
James L Milner individual
owned and dba J L Milner
Wrecker Ser�ice
(Com�any Name)
By: .�� � , ��
�a s L Milner, Ownex
t ����������� �} `;:
�B�? �[���� . �
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L • E]CHZATT A
AUTO POUNI}
The £ollowing rules and regulations wiJ.�. be �o�.lowed hy aIl wrecker companies
upon arrival at Che au�o pound.
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1. The gate will not be blocked hy wrecicers wa�.ting to enter or exit
the pound. � �
2. No more than Cwo�(2) wreckers sha1.J, be aurhorrzed �.n khe frant area,
for inveatory purpases, at any.one time.
3. No wrecker sFtall enter the potsnd wiCh more than one (1) person/opera--
tor, unless authorized bp the on d.uty shift suAervisor. This wi�l be
done on a case by case bases.
4. Far safety reasans, a car carziar shail be reQui�red eo off load kheir
cargo when pvssib�e. �his shall be determined�by the on du�y super--
vi.sar. .
5. Inventoz�es should be handled �n an expeditious rnanner when possible.
iiowever, pound persannel. are required to do a compl.ete an�d precise
inventory of al� property and vehicles. A specffic ti.me frame wauld
be irapossi.b�.e to institute.
6. Wzecker drivers sha11 not be aliowed to drive up�and down the rows,
looking for vehicles to x-epossas for companies said wreckers represent.
7. The use of car carri.�rs, doZlies, extra time, �xtra equipment, etc.,
� sha1.1 be suhject to approvai. by the Wrecke� adm,i.nis�rator or Pound sup-
ervisox.
8. Wrecker operatorsJowners shall be required to fa�.low any directions or
instructions given by auto pound persannel.
9. V3,olations af any of ehe above ru].es shall be subject to revzew by the
Wrecker administraeor.
Disciplinary action may be determined by the pound supervisar or a higher
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.commarid level.
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�''iiy o, f �'ori Y�or�h9 T'exas
���� �nd ������ �,�rrr���n7���ii�r�
DATE REF�R�NCE NUMBER LOG NAME PAG�
1017 6J01 ��9477 � 0401-0316 � 1 of 2
SUBJECT AUTHORiZATION O� CONTRACTS F'OR N4N-CONSENT T�WING OF WRECK�D
Of� ABANDQNED VEHICLES FROM MULT{PL� VENDORS REG�UIRED BY CITY
ORDIN/�NCE NO. '{2924 FORYHE POLIGE DEPARTM�NT
RECOMMENDA710N:
It is recammended khat the City Councii:
1. Authorize contrac#s for non-consent towing of w�ecked or abandoned vahicles from multiple vendors
as req�ired by City Ordinance No. 12924 (see attachment "A" for a list of current vendorsy; a�d
2. Authorize t�e coniracts to begin Octn�er 16, 2a01, and expire October 15, 20D2, with oPtians to
renew for four successive ane-year periods.
DISCUSSION:
City Ordinance No. 12924 reg�lates non-consent towing within the City requirir�g companies desiring to
perform non-consent towing for the Police De�artment t� execute a contract wifh the City.
Yhere are three types of contracts: those for standa�d tow trucks, tiit bedlrollback tow trucks, and
tandem tow true�s. Partic�pating wrecker companies are licensed under Article V, Wrecl�ers, of Chapter
34, Vehicles for Hire, af the Code o�F the City of Fort W�rth. The fees for services to be provided and
assignment to one of four zones are t�e same as contained i� th� ordinance. The estimated
expendiiure for these servic�s is $1,100,000 per year.
Contracts wi11 be executed with any vendor desiring to perfarm nan-consent towing fhat meets the
cor�tract requirements such as towing operations being a vendors primary business, equipment
specifications, insurance, and a local licensed storaga facility.
BID TABULATION - See atfached "Service Fee Schedule".
MIWBE � A waiver af the goal for MIWBE subcontracting requirements was requested by the
Purchasing Division and approved by the MIVI�BE Office because the purchase ot services is from
sources where subcontracting or s�pplier opportunities are �egligible.
RENEWAL OPTI�NS - These contracts may be renawed for up to fiaur successive one-year terms at
the City's option. Yhis action does n�t require s�ecific City Council approval, pro�ided that the C..ity
Counci! has appro�riated sufficient funds to satisfy the City's obliga#ions during the renewal term,
������aC�� �'��C��D
���`�_ ����� � �,��
V Uo ���IIIlUQ �i7A11a
C"ity of �'oa^� �orth, Te�cc�s
1�1�c1� �1�1� ��1�ii1�1� ��i11i11�f/���t��11
DATE REFEF2'ENCE NUMB�R LOG NAME PAGE
1�/�6/0� � �.���'� I ODO'�-03�6 2 af 2
SUBJECT AUTHORiZATION OF GONTRA�TS FOR NON-CONSE T TtJWING OF WRECKED
4R ABANDQNED VEHECLES FROM MURTIPLE VENDORS REQU�RED BY CiTY
rJRDfNANCE N0. 12924 F4R THE POLICE DEPARTMENT
F1SCA� INFORMATlrJNfCERTIFICATft�N:
The Firtance Director certifies that funds a�e a�ailable in the curren� aperating budget, as appropriated,
of the Ger�eral Fund.
CB:n
BQN101 �031 fi1KDK
Submitted for �ity Manager's
Office by:
Charles T3oswell 85I L
Orfginattng Department Head:
Jim Keyes
Additional Fnfarmation Contact:
I'UND I r1CCOUNT I �ENTER � AMO'UNT
{ta)
f
8517 � (fram)
I Robert Gombs 8357
CITY 5�C1tETARY
A�P��V��
C1TY CO��lC�L
OCT 23 �001
��� �'�
Ciey Secretary a[ the
CiY�/ �S' Fort 1�OYtt1. `�`B%d9
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