HomeMy WebLinkAboutContract 44930 AP41LL
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AGREEMENTFORSTANDARD
POLICE INITIATEDTOWING SERVICE
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WHEREAS, the City of Fort Worth occasionally requires the services of tow
trucks- and
WEERBAS, such wrecker services are necessary to protect 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," acting herein by and
through Charles W. Daniels, its duly authorized Assistant pity Manager, and Bivins
Wrecker Serge Inc., hereinafter referred to as "Contractor acting herein by and
through Cody Nicholson, Owner, its duly authorized representative, agree as follows:
1.
SERVICES
City hereby contracts with Contractor to provide police initiated wrecker service.
City, through its Police Department,ent, shall dispatch Contractor from a pollice initiated
rotation list to vehicles that have either been l) abandoned; 2 involved in a collision; 3)
parked or operated in violation of law; and/or )I are to be checked for evidence
(including, recovered stolen vehicles and vehicles belonging, to individuals in the custody
of the police). Contractor shall perform a tow at the direction of any City pollice officer.
Contractor shall obey the directions of police officers in..performing, such tows and shall
ensure that such tow is performed with all due care to avoid interference with police
activities and police information.
2.
TERM
The initial term of this Agreement (shall begin on October 1, 2013, and expire on
September 30, 2014. In addition to the initial terin of this Agreement, there shall be four
options ions to renew for terms of one year each, unlesls earlier to inated as hereinafter
provided.. Renewal shall occur upon City including in its budget for the option years
sufficient funds to pay for its obligations here .nder.
3.
COMPENSATION
3.1 As compensation for providing the services contemplated by this Agreement, City
agrees to pay Contractor as follows for light duty and medium duty tows:
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1) Towage. For both light duty tows, and medium duty tows, a charge of one hundred
thirty-five dollars ($135.001), for towing such vehicle from one point on a street to
another location within thin the corporate limits of the City as directed by the police,
officer at the place where the tow originated;
2) Second tow truck. In the event the tow truck driver at the scene determines that a
second tow truck is required, a charge of one hundred thirty-five doillars ($135.00) per
hour, with a minimum charge of one hour, for assistance in clearing the scene of an
accident. A police supervisor must approve, in writing, the use of a second tow truck.
Travel time is excluded.
3) Additional Charges. An additional charge shall only be allowed when authorized by a
police officer at the scene of the police initiated tow. An additional charge shall
exclude travel time and waiting time. An additional charge of one hundred dollars
($100.00) per hour, charged in increments of fifteen (15) minutes at a charge of
$25.00 per increment, for removing vehicles located in some unusual condition such
as, but not limited to, an unusual circumstance within the right-of-way, a river or a
creek bed or a ditch of greater depth than the ordinary bar ditch. Such charge to be
made from the time the operator begins to remove the vehicle until it is, on the
traveled portion of the street.
4) Use of a dolly. No additional fee shall be charged for the use of a dolly on a
Standard Wrecker tow.
3.2 Rotation Tows. Contractor shall not exceed the fee structure for police initiated
tows perfonned under this Agreements as detailed in section 3.1 above, i.e.,
charges shall not exceed the standard fees allowable under this Agreement.
Nothing contained herein shall be construed so as to obligate City to expend any
sums of money. Further, nothing contained herein shall be construed so as to
guarantee to Contractor that City will contact Contractor for any towing services
contemplated by this Agreement.
3.3 Invoicing and Pa ent. Contractor shall invoice City once per month, no later
than the fifth working day of the month following services. Contractor shall
include with the invoice such documents as may be reasonably requested to
provide evidence of the services, provided to the City, which at a minimum shall
Agreement for Police Initiated Towing Service Page 2 of 2 1
include all information entered on the wrecker selection form by the officer at the
scene of the police initiated tow and/or personnel at the Fort Worth Auto Found.
Such invoice shall he subject to the review and approval of appropriate City
personnel and the Police Auto Pound Supervisor. City shall remit payment to
Contractor within thirty ) days following receipt and approval of a properly
prepared Contractor invoice.
VEHICLE AND EQUIPMENT REQUIREMENTS
Contractor shall provide all vehicles and equipment necessary to perform Police Initiated
"owing Services in the Divisions they are assigned. All vehicles and equipment shall he
in good working order for the duration of this Agreement. Contractor shall supply, upon.
request by City, a list of Contractor vehicles and equipment inventory dedicated to
performance of this Agreement.
4.1 vehicles.
a Contractor must maintain a minimum of four 4) wreckers to include a minimum of
two 2 tilt bedroll hack/flat bed dual rear wheel wreckers and a minimum of two (2)
other vehicles at the discretion of the Contractor that meet the minimum TDLR
requirements.
W Standard and Car Carrier. A minimum of four 4 wreckers, one of which,
shall he not less than 14,000 pounds gross vehicle weight and one of which
shall he not less than 10,000 pounds gross vehicle weight, dual rear wheels,
equipped with a hydraulic operated winch, winch lines, and a boom rated at
not less than l ,o ,pound lift capacity and a wheel lid; device rated at not Less
than 2,500 pounds. A minimum of two 2 tilt bedroll hack dual rear wheel
wreckers rated at not less than 14,000 pounds gross vehicle weight..
Each wrecker shall have and maintain current identifying markings required
by the Texas Transportation Code, Section 642.002, as spume may he
amended.
Agreement for Police Initiated`rowing Service Page 3 of 2
(3)All of Contractor's, vehicles shall have
(a) Permanent labeling on each side door of the vehicle with the Tow
Contractor's name, physical address (street, city, state,, zip code), and
phone numbler;
(b) A four-way emergency flashing system and at least one flashing be
light or other color permitted by State law);
(c) Portable auxiliary brake lights, emergency flasher, turn,signal, and tail
light with protective pads/covers on the bottom, for use on towed vehicles;
(d) A warning alarm, clearly audible above the surrounding,noise in the
vicinity and designed to sound when the tow vehicle is shifted into reverse
to signify that the vehicle is backing up; and
(e) Dual Rear Tires, adequate in size and rating for the size and weight of
the tow truck, with not less than 3/32nds inch of tread and mounted on
rims secured with the manufacturer's recommended number of lug nuts.
4.2 Equipment.
Jm addition, Contractor shall ensure that Contractor's vehicles are equipped with the
following equipment, which at all times shall be maintained in working order to meet the
following minimum criteria:
1) Tow blax,,
2) 'Towing lights;
3) Emergency overhead warning lights;
4) Safety chain;
5) Fire extinguisher(10 pounds; A.B.C. Type);
6) Crow bar;
7) Push Broom;
8) Shovel;
9) Emergency reflectors or traffic cones;
10) Trash container;
11) Backing warning signal,
12) Wheel chocks;
13) Dollies (Standard Tow Truck Only);
Agreement for Police Initiated,'Towing Service Page 4 of 21
14) T'en (10) pounds of grease and fluid absorbent material, and any other
equipment necessary to clean up an accident scene in accordance with
state, and local laws,-
15) Comm cation Device or Two-way radio equipment capable of
communicating with the Contractor's dispatcher at all times. Such
equipment shall be approved and licensed in accordance with federal
law; and
1 ) Any other equipment required by state law.
Each.3 inspection. tow truck and the required equipment shall be inspected by the Chief
of Police's designated staff following the execution of this Agreement on an annual basis.,
In addition, each tow truck and the required equipment shall be subject to 'intermittent
inspection by the City to assure compliance with this Agreement. The inspection
requirements shall be detailed on the annual wrecker inspection form and revised as
deemed necessary by the Chief of Police's designated, staff
5.
INSURANCE REQUIREMENTS
Contractor shall maintain insurance from insurers acceptable to City of the following types
and amounts:
5.1 Commercial General Liability
$5,00,000 each occurrence
$500,000 aggregate
Or
Garage Liabi Gla 1 q
$500,000 each accident, other than auto
$500,000: aggregate
5.2 Automobile Liability
$1,000,0010 each accident, combined single limit
This coverage shall include all vehicles owned or non-owned that are
operating under Contractor's operating authority perforn-ling services under
'this Agreement.
Agreement for Police,Initiated Towing Service Page 5 of 21
5.3 Cargo/On- ok
$50,000 per unit
Coverage shall "include both the unit being towed and its contents. Units
covered shall include but not be limited to motor vehicles, trailers and boats.
Coverage shall be written on a direct primary basis.
5.4 Garagekeeper's Liability
$30,000 per unit
5.5 Worker's Compensation/Acci dent Insurance
Coverage shall meet the minu' num requirements of state law, as con-
tained in the Motor Carrier Rules and Regulations.
5.6 Contractor shall maintain insurance coverage at all times,, Current 'insurance
cerfificates shall remain on file with the City during the to of this Agreement. It is the
responsibility of the Contractor to submit updated insurance to the City. Insurance coverage
may, at the sole discretion of the City, be revised upward upon thirty (301); calendar days
prior written notice to Contractor. Policies shall be endorsed as follows:
1) The City,, its officers, employees and servants, shall be endorsed as an additional
insured on all policies except employer's liability insurance coverage under the
workers' compensation insurance policy.
2) Certificates of insurance shall be delivered to the Grants and Contracts Section,
35,0 W. Belknap: Street, Fort Worth, TX 76102, prior to any work being performed
under;this Agreement.
3) Any failure on part of the City to request required insurance documentation shall
not constitute a waiver,of the insurance requirements specified herein.
4) Each insurance policy shall be endorsed to provide the City a mim*mum thirty(3 0)
calendar day notice of cancellation, non-renewal, and/or material change in policy
terms or coverage. A ten (10); calendar day notice shall be acceptable in the event of
0
non-payment of premium.
5) Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VH or equivalent measure of financial strength and
solvency.
Agreement for Police Initiated Towing Service Page 6 of 21
6) Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
7) Other than worker's compensation insurancel in lieu of traditional insurance, City
may consider alternative coverage or risk treatment measures through 'insurance pools or
risk retention groups,. The City must approve, in writing, any alternative coverage.
8) Worker's compensation insurance policy(s) covering employees shall be endorsed
with a waiver of subrogation providing rights of recovery in favor of the City.
9) City shall not be responsible for the direct payment of insurance premium costs.
l)Insurance policies shall each be endorsed to provide that such insurance is
primary protection and any self-funded or commercial coverage maintained by City
shall not be called upon to contribute to loss recovery.
11)Contractor shall report, in a timely manner, to the Grants and Contracts Section of
any known loss occurrence that could give rise to a liability claim or lawsuit or that
could result in a property loss.
12)Contractor's liability shall not be limited to the specified amounts of insurance
required herein.
13)Upon the request of City, Contractor shall provide complete copies of all
ins nsurance policies, required by these Agreement documents.
5.7 In the event a state or federal law, rule or regulation pertaining to wrecker service
companies operating within the State of Texas exceed insurance requirements specified
herein, such state or federal law, rule or regulation shall prevail for the respective type of
insurance coverage and/or I n*m*t thereof
6.
DIVISIONS AND ROTATION LIST
6.1 City, at its sole discretion, shall assign Contractor,to its designated zone.
6-2 City shall create a rotation list within each of the five (5) divisions that will, dictate
the order M* which wrecker companies are contacted.
6.3 City may request Contractor to conduct a police initiated tow within my zone, and
Contractor agrees to use its best efforts to arrive at the scene of the police tow within thirty
(3 0)minutes for light duty and medium duty tows.
7.
Agreernerit for Police In i tiated'Towing Service Page 7'of 21
DUT�S AND RESPONSIBILITEES OF CONTRACTOR
City hereby grants to Contractor the right to provide Police Initiated Towing
Services at City's direction to the areas commonly described as the North, East, South, West
and Central divisions located within the city limits of the City of :fort Wow and more
specifically fically d onstrated in Exhibit A. pity reserves the rift to change the boundary lines
of the divisions. Such charge shad be at the discretion of the City. Contractor's, right to
provide Police :Initiated Towing Services M' the Divisions is at the direction of City and is
initiated through to City's Police Department's Dispatch Communication Division or other
rears. The granting of this right by City does not guarantee Contractors any quantity of
work or monetary gain. Additionally, Contractor is required to inform. City immediately
of any vehicle accident involving a towing, vehicle operated by Contractor.. City may
consider the accident, and the surrounding circumstances, in reviewing Contractor's
performance under this Agreement. Contractor shall obey all traffic laws while
performing under this Agreement. Officers shall report all violations of t this contract to the
appropriate City personnel. Contractor,during the term of this Agreement, shall perform the
following duties and have the following responsibilities.
7.1 records and Information.
The Contractor shall maintain on ale with the City its name of the owner, president or chief
executive officer, business address, and telephone number; further, Contractor shall notify
the City of any change of ownership, president or chief executive officer, change of address
or corporate organization within five 5 City business days of any such change. Contractor
shall maintain records of the vehicles towed and charges of tows from calls received for
police initiated towing. records shall be maintained for at least three 3 years following
completion of the Agreement and shall be open for reasonable inspection by the City..
The failure to provide records to the City,is a violation of the Agreement,
7.2 Response Time.
Contractor shall be capable of receiving requests for services from City through the City's
Dispatch. System or other means as required by City, on a 24 hour basis, 365, days a year
and immediately dispatch the requested Equipment and Personnel to the directed location
to perform services within, the response time of thirty 3 minutes for light and media,
duty towing,, except in extraordinary situations where delay is caused by ice, snow or
Agreement for Poii e Initiated Towing service Page 8 of 211
other weather related conditions. In the event Contractor fails to respond as required, City
may notify another wrecker Contractor and Contractor shall not be entitled to the
compensation to which it would have been entitled had it arrived within the 30 minute,
time limit.
Ir
7.2.1 Rp
e �onse Time 11 ime Violation.
The course of disciplinary action shall be up to the City, including written notice,
suspension, and/or termination of contract, which can be taken if Contractor violates
response times.
1) Company Disregard.- The Contractor will be allowed five (5) 'Company
Disregarded" calls Within a thirty (30) calendar day period. The term 'Company
Disregard' shall mean those times when the company accepts the dispatch, but falls
to notify the Police Department's Communication Division within fifteen (1 5)
minutes, from the tu* nel, of notification if the Contractor is unable to respond within
the thirty (30) minutes allotted for a response to a call for towing services, a
Contractor exceeds the thirty(30)minute response time and is late, or the Contractor
accepts the call and does not come to the scene.
2) Company Decline.- The Contractor will be allowed ten (1 0) 'Company Decline'
calls within a thirty (30) calendar day period. The term 'Company Decline' shall
meian the Contractor receives notification of service under this Agreement, but does
not accept or wish to be dispatched to the scene.
3) City reserves the right to cancel wreckers at any point during this dispatch.
Contractors, will not be penalized for the City canceling the call. Under no
circumstances will the City be invoiced or pay for City initiated cancellations.
7.3 Towing to Auto, Pound., Contractor shall deliver the vehicle being towed to the
location within the corporate limits of City designated by the police officer at the scene of
the police initiated tow. Delivery shall be made without delay or detour. Contractor
must:
1) Comply with the auto pound processing requi,rement listed in Exhibit B to this
Agreement;
2) Provide Police Auto Pound personnel with a signed Police Department
Wrecker Selection form at the time the vehicle is delivered to the Auto Pound; and
Agreement for Police Initiated Towing,Service Page 91 of 21
3) Fully cooperate with any investigation conducted by the City regarding
complaints against Contractor, whether or not such complaints arise, out of services
contemplated by this Agreement.
7.4 Cily Taxes:.
Contractor shall not become delinquent in the payment of any taxes due to City or any
goveming body or agency.
7_5 Sohcitmg-
Contractor shall not go to any accident scene unless the Contractor has been called, to the
scene by the owner or operator of a vehicle or an authorized representative of same, or by
the City. Contractor shall not solicit any wrecker business within the corporate limits of
City at the scene of a wrecked or disabled vehicle, regardless of whether, the solicitation is
fort he purpose of soliciting the business of towing, repairing, wrecking, storing, trading, or
purchasing the vehicle.
7.6 Debris Removal and Fluid Cle
Contractor shall completely remove all debris, except known hazardous material, resulting
from any accident to which the Contractor is responding. Removal of debris, shall not be
considered complete by merely sweeping it to the curb line. Contractor shall not pick-up
lot^�"
any known hazardous material, Texas Administrative C'o�de, Title 30, Part 1, Chapterj/.
(Texas Commission on Environmental Quality., Spill Prevention and Control).
7.7 Employees',
Contractor will provide uniformed wrecker operators. Uniforms must be clean and have
names of the company and the name of the operator on the outside of the unifon-n- All
personnel working under this Agreement shall be fully qualified and legally capable of
perfo ing,their individual job duties, including possessing any necessary licenses or
specialized traini"ng mandated by federal, state or local laws or regulations. Contractor
shall adhere to all laws and regulations concerning Drug Testing requirements set by
Texas Department of Licensing and, Regulation (TDLR , Texas Administrative Code,
Title 16, Part 4, Chapter 86, Rule, Section 86.710. Contractor's employees will comply
with all traffic laws when operating vehicles.
7.8 Meeting E u rements
Contractor shall attend City meetings as requested.
Agreement for Police Initiated Towing Service Page,10 of 21
7.9 Compliance
Contractor shall manage all operations for the Divisions accordingly and ensure that
services are performed to industry accepted procedures that achieve safety, reliability and
the preservation of personal property in the possession or care of Contractor.
8.
VEHICLE STORAGE FACILITY INSPECTIONS
8.1 D.eftition.
"Vehicle Storage Facility" (VSF) shall mean a facility operated by a person licensed under
the Texas Occupations Code, Section 2303.002(8), or as amended. Contractor must
maintain business operation twenty-four (24) hours a day, seven (7) days per week three
hundred and sixty five(365)days per year including holidays and weekends.
8.2 Contractor's Towjpg: Operations.
Contractor shall have employees available and be capable of releasing vehicles in
accordance with this Agreement twenty-four (24) hours a day, three hundred sixty-five
(365) days a year including weekends and holidays. Contractor shall maintain, manage
and operate a currently licensed VSF located within the corporate limits of the City.,
Contractor shall perform Towing Operations under the laws, regulations,,, orders,
ordinances and guidelines of the State of Texas, Tarrant County and the City of Fort
Worth.
8.3 Police h-litiated Site Ins
pections.
VSFs and contractor's records shall be inspected by the City's Chief of Police's
designated staff during, the term of this contract. Any compliance failures with VSF
inspections in accordance with City's requirements shall result in suspension or
termination of this contract.
9.
SUSPENSION AND TERMINATION
All work performed by Contractor hereunder shall be performed to the satisfaction of the
City. The determination made by the City shall be final, binding and conclusive on all
Parties hereto. City shall have then t to suspend or terminate this Agreement, in
accordance with City Ordinance Chapter 34, Article 5, Should contractor's work be
deemed unsatisfactory to the City, termination,, in whole or in plart, will be made by the
Agreement for Police Initiated Towing Service Page I I of 21
City based upon recommendations from the Police Department. Termination, in whole or
in part, Should Contractor's work be deemed unsatisfactory, based upon recommendations
will be made by the Chief or their designee. At any time the City may conduct a
performance review of this Agreement. The information used in assessing c'ontractor's
performance may include the information submitted by Contractor and any other
information deemed pertinent by City.
This Agreement may be suspended or terminated by City to include, but not limited to,
y of the following causes: while under perf ce of this agreement,*
01 violation of ay term and/or condition specified n this Agreement,:
2) Pennitting a tow truck to be operated by anyone while under the influence of alcohol
and/or illegal drugs;
3) Performing, services under this Agreement, while consuming, or while under the
influence of drugs or alcohol;
4) Permitting a tow truck to be operated by anyone whose operator's license is
suspended;
5) Transfemng or assigning any call for service to any other Contractor;
6 Any sustained complaint of theft by personnel of Contractor while acting ' their
capacity as employees of Contractor,:
7) Any sustained complaint of threats made by personnel of the Contractor while acting
in their capacity as employees of Contractor made aga' st third parties dig a
police initiated tow or otherwise;
8) "ailing to comply with all directions of police personnel at the scene of a police
1111tiated tow, civilian employees at the Police Pound, or, civilian employees
performing inspections or contract compliance duties;
9 Failure to comply with any state or federal law or code or City ordinance related to,
the operation of a wrecker Contractor;
1 Disobeying traffic control devices (traffic lights, stop signs, etc.).
i i Using any type of siren besides the backup warning signal;
i ) Making any repairs or alterations to a vehicle obtained from a police initiated
tow;
Agreement for Police Initiated Towing service Page 12 of 21
1 )Towing any vehicle which is occupied by any person, except as specifically
directed b y a police officer-
14)Charging for services not performed or making duplicate charges for the same
service or charge any fee in excess of those permitted under state law or this
Agreement;
15)Using profane or obscene language which offends a customer or any other person;
16)Being verbally or physically offensive, abusive, disrespectfbl or discourteous to
any customer, motorist, City employee or any other person;
17)Inappropriate touching any customer, motorist, City,employee or any other
persono, or
18)Operating any vehicle or other equipment in the performance of this Agreement in
a careless, reckless, or negligent manner.
9.2 When it comes to the attention of the Chief of Police that grounds exist for the
revocation of a contract, license or permit issued under this Agreement, a hearing may be
11: 11 'tten notification to the Pol*
scheduled at the request of the Contractor through 'WM I ice
Department.
1) The Department may issue a notice to the Contractor of such hearing sent by
certified mail, return receipt requested, or by personal service.
2) A hearing,notice shall be in writing and shall name the place, date and time of the
hearing. The notice shall also set forth a summary of the charges.,
3) A hearing shall be scheduled for a date no later than fifteen (1 5) days after the
notice is issued.
4) A designated Deputy Chief shall preside at the hearing as hearing officer.
51) At the conclusion of a hearing, the hearing officer shall make written findings, of
fact and conclusions without undue delay. The bearing officer shall further issue
written orders appropriate to their findings within thirty(30) days of'conclusion of
the hearing.
6) If grounds exist for the revocation of a license or pen-nit, the hearing officer may
order such license or permit revoked or may order it suspended for a period not to
exceed six (6) months.
Agreement for Police Initiated Towing Service Page 13 of 21,
7) A copy of the findings, conclusions and order shall be delivered to the Contractor.
If the hearing officer suspends or revokes a license or permit, they shall her
deliver to the Contractor written notice of the right to appeal.
101.,
EN-DEMNIFICATION
.10.1 General Indenuu*fication.
With regard to any liability which might arise hereunder, City and Contractor agree
that they shall be solely and exclusively liable for the negligence of its own agents, servants,
subcontractors, and employees and that neither party shall look to the other party to save or
hold it harmless for the consequences of any negligence on the part of one of its own agent,
servant., subcontractor or employee. No contained herein shall be construed to be a
waiver by City of any right of protection that it enjoys under applicable State or Federal law.
10.2 Environmental ode mn1ffication.
CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE,
ICE FEND1,1 AND, HOLD, HARMLESS THE CITY OF FORT WORTH AND ALL
PARTICIPATING CITIES, THEIR OFFICERS,, AGENTS AND EMPLOYEES
FROM AND AGAINST ANY AND ALL ENVIRONMENTAL RELEASES
AND/OR DAMAGES AND THE VIOLATION OF ANY AND ALL
ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE HANDLING,
COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT,
RECOVERY, AND/OR REUSE, BY ANY PERSON, OF HAZARDOUS WASTE
WHEN SAID ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID
ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF ANY ACT OR
OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
SUBCONTRACTORS, OR THE JOINT ACT OR OMISSION OF
CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY,
11.
WARRANTY
I L I Contractor warrants, that it understands the currently known hazards and suspected
hazards which are presented to persons, property and the environment by hazardous waste.
Contractor her warrants that it and its officers, agents, employees, and subcontractors
Will perform all services under this Agreement in a safe, efficient and lawful manner using
industry accepted practices, and in full compliance with all applicable state and federal laws
governing its activities and is under no restraint or order which would prohibit performance
Agreement for Police Initiated Towing Service Page 14 of 21
of services under this Agreement. Approval by the City shall not constitute or be deemed to
be a release of the responsibility and liability of Contractor', or its officers, agents,
employees, or subcontractors, for the accuracy and competency of their services, provided
under the Agreement.,
11. 2 Environmental Damages means all claims, judgments, damages, losses, penalties,
fines, liabilities (including strict liability), encumbrances, liens costs, and expenses of
investigation and defense of any claim, whether or not such claim is ultimately defeated, and
of any good faith settlement of judgment, of whatever kind or nature, contingent or
otherwise, matured or unmattired, foreseeable or unforeseeable, including without limi-tation
A
reasonable attorney's fees and disbursements and consultant's fees, any of which are incurrea
as a result of the handling, collection, transportation, storage, disposal, treatment, recovery,
and/or recycling of hazardous waste pursuant to this Agreement, or the existence of a
violation of environmental requirements pertaimng to same, and 'including without
limitation.-
,a. Damages for personal injury and death,,or injury to property or natural resources,
bi. Fees incurred for the services of attorneys, consultants,, contractors, experts,
laboratories and all other costs incurred in connection with the *investigation or
remediation of such hazardous wastes or violation of environmental requirements
including, but not limited to, the preparation of any feasibility studies or reports of
the performance of any cleanup, re mediation, removal, response, abatement,
containment,, closure., restoration or monitoring work required by any federal, state
or local governmental agency or political subdivision, or otherwise expended in
connection with the existence of such monitoring wells or violations or
environmental requirements, and including without limitation any attorney's fees,
costs and expenses incurred in enforcing this Agreement or collecting any sums due
hereunder; and
C., Liability to any third person or governmental agency to indemnify such person or
agency for costs expended in connection with the items referenced in
"Environmental Requirements."
11.3 Environmental Requirements shall mean all applicable present and future statutes,
regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans,
Agreement for Police Initiated Towing service Page 15 of 21
authorizations, concessions, franchises, and similar items, of all governmental tal age cies,
departments, commissions, boards, bureaus, or instrumentalities of the United States, states,
and political subdivisions thereof and all applicable judicial, admim'strative, and regulatory
decrees, judgments, and orders relating to the protection of human health or the
environment, including without l' 'tatlon.
a. All requirements, including, but not limited to, those pertaining to reporting,
licensing, pernumng, investigation, and remediation of emissions, discharges,
releases, or threatened releases of hazardous materials, pollutants, contaminants or
hazardous, or toxic substances, materials, or wastes whether solid, liquid, or gaseous
in nature, into the he ai , surface mater', groundwater,, stoinn water,or land,or relate to
the manufacture, process' g, distribution,use, treatment, storage, disposal, transport,
or handling of pollutants, contaminants, or hazardous or toxic substances, materials,
or wastes, whether solid, liquid, or gaseous in na e; and
b. All requirements pertaining to the protection of the health and safety of employees
and/or the public.
12.
ASSIGNMENT
Contractor shall not assign, transfer or sublet this Agreement or any portion hereof
to any party without the prior teen consent of City that shall not be unreasonably
withheld. Any such assignment, transfer or subletting of this Agreement without the
consent of the City shall be void and shall operate as a to nation hereof.
1 I
M,EPIEND!E,NT CONTRACTOR
It is understood and agreed by the parties hereto that Contractor shall perform all
work and services hereunder as an independent contractor, and not as an officer, agent,
servant or employee of the City. Contractor shall have exclusive control of and the
exclusive right to control the details of the work or service to be performed hereunder, and
all persons performing same on behalf of Contractor, and shall be solely responsible for the
acts and omissions of its officers, agents, servants, employees, contractors, subcontractors,
licensees and invitees. The doctrine of respondeat superior shall not apply as between the
City and Contractor, its officers, agents, servants, employees, contractors and
Agreement for Police Initiated Towing Service Page 16 of 21
subcontractors, and nothing herein shall be cons ed as creating a partnership or Joint
venture between the parties hereto.
1 .
VENUE
The parties to this Agreement agree and covenant that this, Agreement will be
enforceable in Fort Worth, Teas; and that if legal action is necessary to enforce this
Agreement, exclusive venue will lie in the state courts located in Tarrant County, Texas
or in the United States District Court for the Northern District of 'Texas, Fort Worth
Division.
1 .
SEVERABILITY
If any of the terms, sections, subsections, sentences, clauses, phrases, provisions,
covenants, conditions or any other part of this Agreement are for any reason held to be
invalid, void or unenforceable, the remainder of the terms, sections, subsections,
sentences, clauses, phrases, provisions, covenants, cond%bons or any other part of this
Agreement shall remain in full force and effect and shall in no way be affected, impaired
or invalidated.
16.
APPLICABLE, LAS'"
This Agreement is to be construed, governed and enforced under all applicable
Texas and federal law and all City ordinances.
17.
ENTM AGREEMENT
This Agreement embodies the complete agreement of the parties hereto superseding
all oral or written previous and contemporary agreements between the parties relating to
matters herein; and except as, otherwise provided herein, cannot be modified without written
agreement of the parties.
Agreement for Police Initiated Towing Service Page 17 of 21
18.
AUTHORIZATION
The undersigned officers and/or agents are properly authorized to execute this
Agreement on behalf of the parties hereto and each party hereby certifies to the other that
any necessary resolutions or actions extending such authority have been duly passed and are
now in full force and effect.
Agreement,for Police Initiated Towing Service Page 18 of 21
IN WITNES S WHEREOF, the parties ereto a execute t `s er t multiples
in Fort Worth, Tarrant County, this t , A. . 2 3.
CITY Off'FORT WORTH CONTRACTOR NAME
or
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Chores W. Duels 6tN4ame 1114 kz
Assistant City Mzpager Feld er
Date:
APPROVAL RECOMMENDED
e
Jeffrey italstead
Chief of Polk ee
Date:.
APPROVED AS TO FORM
AND LEGALITY
gill
Jessica � sv�
Assist city Attorney
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ATT T
Y
City Secret
M&C Number:
Date Approved: q,�Igq
City Ordinance: Article V5 Wreckers
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EXHI]BIT B
FW POLICE AUTO POUND OPERATIONS
The following rules and procedures shall be observed by Contractor upon arrival at
the Police Auto Pound.
1. The Auto Pound entry gate shall not be obstructed by Contractor waiting to enter the
Auto Pound Facility.
2. Contractor shall not enter the Auto Pound with more than one (1)person/operator
unless authorized by the City's on-duty shift supervisor.
3. For safety precautions, Contractor shall be required to off-load all Tilt Bed/Roll
Back cargo.
4. Auto Pound inventories shall be handled 'in an expeditious manner. Auto,Pound
personnel shall conduct a complete 'Inventory of all property and vehicles.
5.1 Contractor shall not assist Auto Pound personnel with *inventory.
6. Contractor shall be required to follow directions and instructions of Auto Pound
personnel.
7. Contractor shall assist and comply with any investigation performed by Auto Pound
personnel or the FW Police Department in all regards.
8. Violations of any of the above shall be reviewed by the City"s Senior Contract
Compliance Specialist or the Auto Pound Supervisor.
Agreement for Police Initiated:Towing Service Page 21 of 21
M&C Review Page I of'2
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COUNCIL ACTION: Approved on 9/24/2013
DATE: 9/24/21013 REFERENCE **C-26465 LOG NAME:, 35FY14P10LICE
NO.: INIT IA- EDTOWING
CODE: C TYP PUBLIC E: CONSENT HEARING: NO,
SUBJECT: Authorize Execution of Agreements with Compliant Wrecker Companies, for Police
Initiated Towing Services for the Police Department (ALL COUNCIL DISTRICTS)
60101101
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Agreements with compliant
wrecker companies for police initiated towing services for the Police Department,.
DISCUSSION:
On September 181 2012, (M&C C-25842) the City Council authorised extending contracts for one
year for police initiated, towing services, with several wrecker compante�si, all of which are located in
Fort Worth:,,, to ensure an adequate level of police initiated towing service throughout the City of Fort
Worth. On July 3, 2013, the City released a Re�qluest for Qualifications (RFQ)to, provide police
initiated towing services for the Fort Worth Police Department.
Annual costs for Fiscal Yeair 2014 are estimated to be in the total amount of$1,600,000.00. For
Fiscal Year 20113, the estimated cost is in the amount of$1,382,304.00 for all contracts. These costs
are offset by fee revenue.
BID ADVERTISEMENT -This RFQ was advertised every Wednesday in the fort Worth Star-1
Telegram from July 3, 2013 through August 71, 2013.1 Fifty-two vendors were solicited from the
purchasing vendor database; twenty-nine proposals were received.
The proposals were reviewed by an evaluation committee that consisted of staff from the Police
Department. The committee ranked the qualifications based on the evaluation factors outlined in the
RFQ, including current operations, prior experience,, success in the towing industry, safety record,
compliance, claims and litigation, reputation,, equipment and completion of the qualifications. The
committee sellected 24 companies to enter, into Agreements with for Fiscal Year 2014.
PRICI NG ANALYS,IS, -The annual estimated cost is 16: percent higher than pricing on the Fiscal Year
2013 Agreements. However, costs are offset by fee revenue.
Ill BE Office -A waiver of'the goal for MBE/'SBE subcontracting requirements was requested by the
Police Department and approved by the M/WBE Office, in accordance,with the BDE Oirdii:nance,
because the purchase of goods or services is from sources where subcontracting or supplier
opportunities,are negligible.
AGREEMENT TERMS -These Agreements will have a, one-year initial term beginning on October 1
2013 through September 310, 2014.
RENEWAL OPTIONS -These Agreements may be renewed for up to four successive one-year terms
i
at the City's option. This action does, not require specific City Council approval provided that the City
Council' has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
FISCAL INFORMATIONXERTIFICATION:
The Financial Management Services Director,certifies that funds will be available in the Fiscal Year
mhtm1.-fl1e:HCADocuments and Settings\scottt\Local Settings\Tlemporary Intemet, Files\Co... 101,/4,/2013
MC' Review Page 2 of'2
2014,operating budget, as appropriated, of the General Fund, in accordance with the budget
approved by the For Worth City Council on September 17, 2013.
TO Fund l/Account/Ceinters FROM' Fund/Account/Centers
GG01 462624 035720 0.0 I.G:GO1 539120 0 57201
............. .......
Submitted fair City Manager's Office bv: Charles Daniels (6199)
Orlaing tin u Department Head: Jeffrey W. Halstead (4210)
Additional Informat'lon Contacts.. Aya Ealy(4,239)
...................
ATTACHMENTS
Vendors attached to MC.cloc
mhtmI:fiIe:HC:\Docum1ents and Settings\scotaTocal Settings Uemporary Internet ilea o... 10/4/2013