HomeMy WebLinkAboutContract 44932 /iJfiJH
AGREEMENT FOR STANDARD
ITy SECINA6
CONTRAIR
POLICE INITIATED TOVirNG SERVICE
WHEREAS, the City of Fort Worth occasionally requires the services of tow
trucks'; and
WEEREAS, such wrecker services are necessary to protect the safety of the
citizens of the City of Fart Worth,
STOW, THEREFORE, W ALL BY THESE PRESENTS.-
T6 C Iy f Fort Worth, hereinafter referred to "City," acting herein by and
through Charles W. Dam'e1s, its duly authorized Assistant City r R
Au five` ne. /Quality T mg, hereinafter referred to "Contractor," acting
herein by and through nee its duly authofized
representative, agree as f lloWs: '
1.
SERVICES
City hereby contracts with Contractor tl provide e p l'ce hu'tiated wrecker "ce.
C4, through its Police ep t, shall dispatch Contractor from a police initiated
rotation list to vehicles that have either been I " abandoned; 2 involved *in collision; 3)
parked or operated violation f law-, r 4 are t he checked for evidence
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clu g, recovered stolen vehicles and vehicles belonging t divi s the custody
the police,). Contractor shall perform a stow at the direction of any City police officer.
Contractor shall obey the directions ofpolice ulcers performing such tows and shall
ensure that such tow 1s performed With all due care to avoid interference with police
activities and police information.
2.
i ne qua term of uus Agreement snan oegin on ca r er i, z ,i, ana expire on
September 3 �, 2 I I . In addition to the . . term of this Agreement, there shy he four
options to renew for terms of one year each, unless earlier terminated hereinafter
pre a. e . Renewal shall occur upon City including in its budget for the option years
sufficient funds to pay for its obli gations hereunder.
3.
COMPENSATION
FFICIAL RECORD
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3.l As compensation for providing the services contemplated by this Agreement, City
agrees to pay Contractor as follows for light duty and medium duty tows.
1 . For hot light duty tows and medium duty tows, a charge of one hundred
thirty-five dollars ($135.00) for towing such vehicle from one port on a street to
another location within the corporate limits of the City as directed by the pole
officer at the place where the tow originated,
) Second tow Eck. In the event the tow truck driver at to scene determines that a
second tow truck is required,, a charge of one hundred --five doll ars ($135.00)per
hour, with a um charge of one Dour, for assistance in clearing the scene of an
accident. A police supervisor must approve, writing,, the use of a second tow truck.
"ravel time is excluded.
) Additional r by
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 ncrements of fi en 1 ) minutes utes 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 fight-of-way, a river or a
creek bed or a ditch of greater depth than the ordinary bar ditch. Such charge to he
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 W'''recker tow.
3.2 Rotation Tows. Contractor shall not exceed the fee structure for police initiated
tows performed under this Agreement detailed in section 3.1 above, i.el,
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 he construed so as to
guarantee to Contractor that City will contact Contractor for any towing services
contemplated by this Agreement.
3.3 Invoices and Pavment. Contractor shall invoice City once per month, no later
than i the f working da y of the one folio , s ery
s. Contractor shall
ent for Police Initiated Yawing service Page 2 of 21
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include with the invoice such documents as may be reasonably requested to
provide evidence of the services, provided to the City, which at a • shall
include all information entered on the wrecker selection form by the officer at the
scene of e_police initiated to and/or personnel at the Fort Worth Auto PouncL
Such invoice shall be subject to the review and approval of appropriate City
personnel and the Police Auto Pound Supervisor. City shall remit payment to
Contractor vVithin thirty (301) days following receipt and approval of a properly
prepared Contractor invoice.
4
VEIUCLE AND EQUIPMENT REQUMEMENTS
Contractor shall provide all vehicles and equipment necessary to perform Police Initiated
T *'owg Services *in the Divisions they are assigned. All vehicles and equipment shall be
m 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 *Mum, of
two (2)tilt bed/roll back/flat bed dual rear wheel wreckers and a um of two (2)
other vehicles at the discretion of' the Contractor that meet the TDLR
requirements.
fD Standard and Car Carrier. A of four (4) wreckers, one of which
shatf be not less than 14,0010 pounds gross vehicle weight and one of which
shall be not less than 10,0100 pounds gross, vehicle weight, dual rear wheels,
equipped With a hydraulic operated wm' ch,, winch lines, and a boom rated at
not less than 8,000, pound lift capacity and a wheel M device rated at not less
than 2,500, Pounds., A nm* =* um of two (2) tilt bed/ro-11 back dual rear wheel
wreckers rated at not less than 141,,000 pounds gross vehicle weight.
Agreement for Police vitiated Towing SeMce Page 3 of 21
Each wrecker shall have and maintain current identifying markings requiTed.
by the Tex-as Transportation Code, Section 642.002, as same may be
amended.
(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 number-,
(b) A four-way emergency flashing system and at least one flas amber
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
1 t
vicimty�and designed,i to souna w I nen the tow vehicle is-shifted into reverse
to siognify 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 3l3 2nd *inch of tread and mounted on
runs sec ed with the manufacturer's recommended number of lug nuts.
]EQWPment.
In addition, Contractor shall ensure that Contractor's vehicles are equipped with the
following equipment, which at all times shall be maintained in wor g order to meet the
0 0.
following i m almum criteria:
1) Tow bar;
2) Towing lights;
3) Emergency overhead warning lights;
4 dety 'ch
in;
5) Fire exfinguisher(10 pounds;A.B.C. Type);
6) Crow bar,-,
7) Push Broom;
8) Shovel;
9)� Emergency reflectors or traffic cones-,
Agreement for Police Initiated Towing SeM= Page 4 of 21
10) Trash container;
11) Backing warning signal,
12) Wheel chocks-,
13) Dollies (Standard Tow Truck Only),-
14) Ten (10�) pounds of grease and, flulid absorbent material, and any other
equipment necessary to clean up an accident scene *in acco�rdance with
state and local laws;
15) Commun*.cat ion Device or Two-way radio equipment capable of
communicating with the Contractor's dispatcher at all times. Such
equipment shall be approved and licensed m accordance with federal
law; and
16) Any other equipment required by state law.,
4.,3 Inspection. Each tow truck and the re i ed e i ent shall be impected by the Chief
quir quip
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 Ci to assure compliance with, this Agreement. The =* pection
1
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 * surers acceptable to City of the following types
and amounts:
5.1 Commercial General Liao dity
$5001,000 each occurrence
$5001,000 aggregate
Or
Garage Liability
$500,000 each accident other than auto
$500,0010 aggregate
5.2, Automobile Liability
$1 1,000,0100 each accident, combined single limit
Agrement for Police initiaWd Towing SeMce Page 5 of 2,1
This coverage s "include all vehicles owned or non-owned are
operating under Contractor's operating authority performing semis under
this agreement.
5.3 Cargo/On-Hook.
$50,000 per unit
Coverage shall *include both the unit big towed and its contents. Units
covered shall include but not be lim%ted to motor vehicles, trailers and boats.
Coverage shall be written on a direct primary basis.
5.4 Ga gekeeper's Liabfity.
$30,000 per unit
5.5 worker's Compensation/Accident Insurance
Coverage shall meet the minimum
requirements o law, coy
ed. e Motor Carrier RWes and Regulations.
5:.61 Contractor shall maintain • ur ce coverage at 0 times. Current u*nsu ante
certificates shall remain on file with the City during the term 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 (3 0) 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
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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 S do
350 W. Belknap'Strieet, Fort Worth, TX 76102, prior to any wort being performed
under this Agreement.
) 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 minimum ffiirty (30)
calendar y 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
non-payment of premium.
Agreement for polite Initiated Towing Service Page 6 of 21.
5) Insurers must be authorized to do business m the State of Texas and have a
current A.M. Best rating of A: V11 or equivalent measure of financial strength and
solvency.
6) Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the CAY.
7) Other than worker's compensation m' sur m- icel M lieu of traditional m' surance, City
may consider altemative coverage or risk treatment measures through 'insurance pools or
risk retention group& The City must approve,in writing,any alts rnative coverage.,
8) Worker's compensation *insurance policy(s) covering employees shall be endorsed
w"th a waiver of subrogation providmg n' orecovery favor the pity.
9) City shall not be responsible for the direct payment of insurance premium costs.
10)Insurance policies shall each be endorsed to p rovide that such in urmce 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 m' surance
required herein.
13)Upon the request of City, Contractor shall provide complete copies of all
insurance policies required by these Agreement documents.
5-7 In the event a state or federal law, rule or regulation pertaining to wrecker service
companies opera ting within the State of Texas, exceed *insurance requirements speciffied
herein, such state or federal law, rule or regulation shall prevail for the respective type of
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insurance coverage and/or limit thereof.
6.
DIVISIONS AND ROTATION LIST
&I 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 *in which wrecker comp am"es are conta c-ted.:
Agmevent for Police Initiated Towing Service Page 7 of 21
6.3 City may request Contractor to conduct a,police initiated tow within any zone, and
Contractor agrees to use its best efforts to arrive at the scene of the police to wifliin thirty
(30)minutes for light duty and medium duty to
7.
DUTEES AND RESPONSIBILITIES OF CONTRACTOR
City hereby grants to Contractor the fight to provide Police Initiated Towing
Services at City's direction to the areas only described as the North,East, South,West
and Central divisions located within the city limits of the City of Fort Worth and more
specifically demonstrated 'in Exhibit A. City reserves the right to change the boundary lines
of the divisions. Such change shall be at the discretion of the City. Contractor's fight to
provide Police Initiated Towing Services in the Divisions is at the direction of its and is
initiated through the City's Police Department's Dispatch Communication Division or other
means. 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 i'mm diately
of any vehicle accident involving a towing vehicle operated by Contractor.. City may
consider the accident, and the surrounding circumstances, in revi*evA*ng Contractors
performance under this Agreement., Contractor shall obey all traffic laws while
performing under this Agreement. Officers shall report all violations of 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 file 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 1*M*bated twMg. Records shall be maintained,for at least three (3) years followm* g
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 Reannse t i%ane.
Agmwent for Potice Wtiated Towing Service Page 8 of 21
Contractor shall be capable of receiving requests for services from City through the City's
Dispatch System or o�th& means as required by City, on a 24 hour basis, 3,65, days a year
and H" Mediately dispatch the requested Equipment and Personnel to the directed location
to perform services within the response time of thirty (3 0) mintfts, for light and medium
duty towing, except M' extraordinary situations where delay is caused by ice, snow or
other weather related conditions. In the event Contractor fails to.respond as requ,ired4 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 w--ithin the 30 minute
time limit.
7-2.1 Ms once e Violation.
i,im
The course of disciplinary action shall be up to the City, including written notice,
a tion of contract, which can be taken if Contractor v"' Lites
suspension,and/or termina I W
response times-
IN allowed. five 5.)- 'Co y( mpan
1 Cho ompany Disregard., The, C 'R be
ontractor W1
Disregarded' calls within a thirty (30) calendar day period. The to 'Company
Disregard' shall metan those times when the company accepts the dispatcb, but fails
to notify the Police Department's Co m aIlD'cation Division witbin fdleen (15)
minutes from the time of notification if the Contractor is unable, to respond WI*
the thirty (30) minutes allotted for a response to a call for towing services, a
Contractor exceeds the thirty (3 0)minute response time and is late, or the Contractor
accepts the call and does not come to the scene.
2) Company Decline e Contractor will be allowed ten (10), 'Company Decl,ie'
calls W1 a (30) calendar day period. The term "Company Decline' shall
mean 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 night to cancel wreckers at any point during this di pate.
Contractors will not be penalized for the City canceling the caH., Under no
circumstances will the City be M' voiced or pay for City initiated cancell ations.,
7.3 Toma*M to Auto Pound. Contractor shall deliver the vehicle being towed to the
location ' the corporate Rmits of City designated by the police officer at the scene of
Agreement for Police Initiated Towing Service Page 9 of 21
the police initiated tow. Delivery shall be made without delay or detour. Contractor
must:
1) Comply with the Auto Pound processing,requirement 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
3) Fully cooperate with any investigation conducted by the City regarding
complai� agai.mot Contuctor, whether or not such compla"s use oid of semices
contemplated by this Agreement.
74 City Taxes.
Contractor shall not become delinquent M' the payment of any taxes due to City or any
governing body or agency.
7.5 Solicits
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 vebicle, regardless of whether the solicitation is
for the purpose of soliciting the busm* ess, of towing,repam* *ng, w- re&ing, storing, trading, or
purchasing the vehicle.
7.6 Debris Removal,and Fluid Clean Up,.
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
any known hazardous material, Texas Administrative Code, Title 30, Part 1, Chapter 327,
(Texas Commission on Environmental Quality", Spill Prevention and Control).
7.7--Bm
ployees.
Contractor will provide unifonned wrecker operators. Uniforms must be clean and have
names of the company and the name of the operator on the outside of the uniform., All
personnel working under this Agreement shall be fully qualified and legally capable of
performing their individualjob duties, M* cluding possessing any necessary licenses or
specialized training mandated by federal, state or local laws or regulations. Contractor
Agreement for Police Initiated Towing Service Page 1 0 of 21
shall adhere to all lags and regulations eo .eer Drug Testing requirements set by
Texas Department of Licensm* g and Regulation DLR ), Texas A - tive Code,
Title 16, Part 4, Chapter 86, Rule Section 86.710. Con tor"s employees Will comply
with all traffic laws when operating vehicles.
7.8 Meeting Re
Auirements
Contractor shaIJ attend City meefmgs as requested.
,7. Cow li ice
Contractor shall' manage all, operations for the Divisions accordingly and ensure that
services are performed to industry accepted procedures that achieve safety, reliability and
tie preservation of personal property in the possession or care of Contractor.
80
VMCLE STORAGE FACILITY INSPECTIONS
8.1 Ike atom
"Vehicle Storage Facility" SF shall mean a facility operated by a d under
-the Texas Occupations, Cole, Section 23 o3.oo2(8) or as amended. Contwor must
maintain business operation twenty-four 24) hours a day, seven (7) days per week wee,
hundred d sbcty five(365) days per year includingholidays, and weekends.
8.2 Contractof s To Over - o '..
Con or shall have employees available and be capable of releasing vehicles
accordance With this Agreement twenty-four 24 w hours a day, three hundred .sixty-five
(365) days a year *including weekends and holidays.. Contractor shall maintain, manage
d operate a currently licensed V SF located within corp6rAte limits of the City.
Contractor shall perform. 'o " g 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 Initiated Site pe on.
V$Fs and contractor's records shall be irspecte l by the City's Chef of Police's
designated staff during the term of this contract. Any compliance_ failures with VS
inspections *in accordance with City's requirements shall result in suspension or
termination of thin con -t.
9.
Agreement for Police Initiated Towing service
Page I x of 21
SUSPENSION AND TERMINATION
All work Performed by'Contractor hereunder shat be performed to the satisfaction of to
City. I.e determination made by the City shall be final.,binding and conclusive on all
Parties hereto. City sha.have the �W' t to suspend or terminate this Agreement, ha.
accordance with City Ordinance Chapter 34, Article 5. Should contractor's work be
deemed unsatisfactory to, the City,termination,*n whole or in part, will be made by the
City based upon recommendations from the Pollee Department. Termination, in whole or
in should Contractor's work be deemed unsatisfactory, b n recommendations
will be made by to Chief or ter designee. At any time the City may conduct a
performance review of this Agreement. The information used assessing Contractor's
performance may include the information submitted by Contractor and any other
ormation deemed.P► i . ent by City.
9.1 This,Agreement may be suspended or terminated by City to include, but not limited to,
any of the following causes: while under performance of s agree ment:.
1 Violation of any term and/or condition specified in.this Agreement;
2 Pew a tow truck to be operated by anyone,while under the influence of alcohol
and/or fflegal drugs;
3 Performing rv%ces under this Agreement while le nM 9,, or wile under the
influence of drugs or alcohol,-
4) P a tow truck to be operated by o whose o is license
suspended-,
S) Transferring or si . g any call for service to any other Contractor;
6) Any sustained com laint of theft by personnel of Contractor while ac them
capacity as employees of Con or 7' Any sustained complaint of threats made by personnel of the Contractor while acting
in theme capacity as employees of Contractor made aganist third parfies, during a
police initiated tow or otherwise;
8 Faff-ing to comply with all directions of pohce personnel at the scene of a palm
`fated tom, civilian employees at the Police Pound, or civilian employees
performing 'inspections or contract complies duties-
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9), Failure to comply With any state or federal law or code or City ordinance related to
the operation ofa pecker Contractor,
10)Disobeym* g traffic control devices, (traffic lights, stop signs,,etc.);
11) Uslng any type of siren besides the backup warning signal,,
1W) Making any repairs or alterations,to a vehicle obtained from a police initiated
tow"
'13)Towm" g any vehicle which is occupied by any person, except as specifically
directed by a police officer;
14)Charging for services not performed or making duplicate charges for the same
service or charge afly fee m' excess of those permitted under state law or this
Agreement,,-
f)Using profane or obscene language which offends a customer or any other person;
16)Being verbally or physically offensive, abusive,, disrespectful or discourteous to
any onto r,motbrist, City employee or any other person;
l)Inappropn'ate touching any customer,moton'st, City employee or any other
person; or
18)Operating any vehicle or other equipment 'in the performance of this Agreement *in
a careless, reckless, or negi I igent er.
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
scheduled at the request of the Contractor through written notification to the 'Police
,Department.
1) The Department may issue a notice to the Contractor of such hearing sent by
certified mat,return rebeipt 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 sununary of the,charges.
3�) A hearing shall be scheduled for a date no later than fifteen(15)days after the
notice is 'Issued.
4) A designated Deputy Chief shall preside at the hearm* g as heafing officer.
5) At the conclusion of a heanng,the hearm* -g officer shall inake written findingg of
fact and conclusions without undue delay. The hem*ng,officer shall further issue
Agreanent for Police hiftiated Towing Service Page 13 of 21
written orders appropriate to their findings,within thi-rty(30) days of conclusion of
the hearing.
6) If grounds exist,for the revocation of a license or permit,the hearing officer may
order such license or pernuft revoked or may order it suspended for a period not to
exceed six (6) months.
7) A copy of the fmdings, conc lust Gns and order shall be delivered to the Cow tor.
If the hearing officer suspends or revokes a license or permit,they shall ftirther
deliver to the Contractor''Written n ►tice of the right to appeal.
I .
NDEMNIFICATION
1 .I General Indemnification.
With regard to any liability which Might arise hereunder, City and Con or 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. Nothing, 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 IndemnIfflcation.
CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE,
DEFEND, AND .HOLD HARMLESS THE CITY OF FORT' WORTH AND ALL
PARTICIPATING. C!I I THEIR OFFICERS,', AGENTS AND EMPLOYEES
FROM AND AGAINST ANY AND ALL ENVIRONMENTAL RELEASES
AND/OR DAMAGES AND T'HE VIOLATION OF ANY AND ALL
ENVIRONMIENTAL REQUIREMIENTS 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 VMRE T RESULT OF ANY ACT OR
OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
SUBCONTRACTORS, OR THE JOINT ACT OR OMISSION' OF
CONTRACT ITS OFFICERS, AGENTS, EMPLOYEES, OR
SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY,
11.
WARRANTY
Ageetnent for Poi Ice initiated Towing service Page 1 4 of 21
as
1 1. 1 Contractor warrants that it understands the currently known hazards and suspected
hazards which-are presented to persons, property and the env, ro ent by hazardous waste.
Contractor firther warrants that it and its officers, agents, employees, and subcontractors
will perform all se'rvices undeTtbis, Agreement in a safe, efficient and is using
industry accepted practices, and in ftffl compliance with a applicable state and federal laws
go mi ng its activities and is under no restraint or order which would prohibit der ormance
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 seces provided
under the Agreement.
11. 2 Environmental Damages means a clau*w, judgments, damages, losses, penalties,
fines, liabilities (M' cluding strict liability), encumbrances, liens costs, and expenses, of
investigation and defense of any clam* 34 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 unmatured,foreseeable or unforeseeable, *including without limitation
reasonable attorney's tees and disbursements and consult,ant's fees,any of which are curred
as a result of the handling, collection, transportation, storage, disposal, treatment, recovery,
and/or recycling of hazardous waste pursuant to this Air eemen�, or the existence of a
0 do 0
violation of environmental requirements pertaining to same, and *including without
tation-.
a., Damages,for personal m' Jury and death,or inj ury to property or natural resources;
b. Fees incurred for the services of attorneys, consultants, contractors, experts,
laboratories and all other costs incurred 'in connection with the M' vestigation or
remediation of such hazardous wastes or violation of enviromienU reqmz-oments
including, but not limited to, the preparation of any feasibility studies, or reports of
the performance of any cleanup, rem- ediation, removal, response, abatement,
containment, closure, restoration or monitoring work required by any federal, state
or to governmental agency or political subdivision, or otherwise expended in
connection with the existence of such monitoring wells or violations, or
environmental reqw-rements,, and including Without limitation any atkniiey's fees,,
Agreement for Police Wtiated Towing Service Page IS of 21
costs and expenses,incur r,ed In enforc ing,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 fit re statutes,
regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans,
authorizations, eancessions, fi-anchases, and similar items, of all govern riental agencies,,,
departments, cornm*ssions, boards, bureaus, or ins entalities of the United States, states,
and political subdivisions thereof and all applicable,judicial, administrative, and regulatory
decrees, judgments, and orders relating, to the protection of human health or the
env iromment, cluding without limitation:
a. All reqwrements, including, biA not limited to, those, pertaining to reporting,
6 If 119 140 11"- 0 IF
licensing, permitfmg, investigation, and remec.tiation of ermssions, disc harges,
releases, or threatened releases of hazardous, materials,,, pollutants, contaminants, or
hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseow
0
in nature,,into the W* , surface water; groundwater, storm water,or land,or relating to
the manufacture,processing, distribution,use,treatment, storage, disposal, ftlwansport,
or handling of pollutants, contaminants, or hazardous or toxic substances, materials,
or wastes,whether solid,,liquid, or gaseous *in nature,, 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 written 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 termination hereof
13.
ENDEPENDENT CONTRACTOR
Agreetnent for Polfice Initiated Towing Service Page 16 of 21
G
Its understood and agreed by the pies hereto dig Contractor shall, perform all
work and services hereunder as aji independent con tsar, and not 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
a1.l persons performing same on behalf of Contractor, and shall be solely responsible for the
acts and omissions of 'its o: ors, agents, servants,, employees, ors s � �►:
licensees and invitees. The doctrine of respon feat superior shall, not apply as between the
City and
Contractor, its officers, agents, servants, employees, contractors
subcontractors,rs, and nothing heroes shatl be construed as creating a partnership ip or joint
venture between the parties hereto.
14.
VENLTE
The pies to this Agreement agree and covenant that this Agreement will he
enforceable.hle mss. Fort Worth, Texas; and that if legal ,salon is necessary to enforce this
Agreement, exclusive venue Will He in the state courts located , Tarrant County, Texas
or United stta�t+ s District court for s C strict "' Fort Worth
Division.
5.
SEVERABILITY
If any of the acts, sections, subsections, sentences, clauses, phrases, provisions,.
covenants, conditions or any other part of this Agreement are for any reason held to he
valid, void or unenforceable, the remainder of the terms, sections, Subsections,
sentences, clauses, phrases, provisions, covenants, conditions or any other part of this
Agreement shall rem a" force and effect and s no way be affected, 'impaired
or invalidated.
16.
APPLICABLE LAW
This Agreement is to constued,, govemed and enforced under all applicable
Texas and federal lava and aU City ordinances.
17.
ENTIRE AGREENffiNT
Agmment for Police Initiated Tong Service Page 17 of 21.
Agreement emboo .es the complete agreement of to parties, hereto superseding
all oral or written previous and contemporary m is between the parties relafing to
here` - and except as otherwise prov ed h got be modified without written
agreement of the parties.
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-necess resolution.s or actions extending such authority have been duly passed and are
now in fufl forte and effect.
IN WITNESS + F, the pies her t e exec =1"0 ee ent � multiples
0",
in Fort Worth, Tarrant + o �, Texas, this �,,. day of A.D. 2013.
CITY OF FORT WORT: CON'TRACTORNAMIE
010,
oy
N;iies' W.,Daniels Print,Name
Assistant City Manager re send
Date- Po V Date:
0 _,L_v - 2';3n lm3
APPROVAL,RECOMMENDED
Atte�ted *
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JeA�e'jHal.stead
cretary
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Chief of p'olite
Date; /0,01
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APPROVED AS TO FORM Contract A
AND LEGALITY
Jes:siea sv
Assistant ity Attorney
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Arnement for Police Initiate Towing Sic: Page 18 of 21
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Ag=ment for P°af ce Initiated'Towing Service Page 19 of 21
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EXLHMIT
LICE A O POUND PE TIONS
'The folio, g rules and procedure's shy be observed by Contractor upon a *V at
the Police Auto Pound.
The Auto Pound entry gate shy not be obstructed by Contractor,WW'i ` to ens the
Auto Pound Facility.
2. Contractor sal not enter the Auto P und wiffi more than one(1)person/operator
unless,authorized by the City's duty shy supervisor.
3 For safety precauons Cont-actor shall be required to off-load all Tilt Bed/Ro
Back cargo.
4. Auto Pound ffiventones,shO be handled m* an expec- tius Aim Pound
persor= -shal,.,conduct.a complete MVent ry of all property and vehicles.
5. Contrador shaU not assist Auto found personnel with fventory.
6. Goner shall be required to follow directions and instructions,of Auk Pound
personneL
7. Contractor shall assist and,comply with any M' vestigation perfortned by Auto Pound
personnel or the FW Police Department M all regards.
8. VigoLations t any of the above shall be previewed by the City's Senior n
Compliance Specialist or the Auto Pound Supervisor.
Agreement for Poilice Initiated Towing Smice Page 21 of
M&C Review Page I of 2
f '51j,P of tip City of Fort Worth, Tcxas
—
CITY COUNCIL AGENDA FoRTMORT11
COUNCIL ACTION: Approved on 9/241,2013
DATE: 9/24/2013 REFERENCE **C-26465 LOG NAME: 35FY14P'OLICE
INITIATEDTOWING
CODEI-1 C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Agreements with Compliant Wrecker Companies, for Police
Initiated Towing Services for the Police Department (ALL COUNCIL DISTRICTS)
WIN
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 18, 20,12, (M&C C-25842) the, City Council authorized extending contracts for one
year for police initiated towing services with several wrecker companies, 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 Request for Qualifications (RFQ) to provide police
initiated towing services for the Fort Worth Police Department.
Annual costs for Fisical Year 2014, are estimated to be in the total amount of$1,600,000.00. For
Fiscal Year 2013, the estimated cost is, in the amount of$1,38,2,,304.010 for all contracts. These costs,
are offset by fee revenue.
BID ADVERTISEMENT- This RFQ was advertised every Wednesday in, the'Fort Worth Star-
Telegram from July 31, 2013 through August, 7, 2013. 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 quialifications based on thile evaluation factors outlined in the
RFQ, including current operations, prior experience, success in the towing industry, safety record,
I
compliance,1 claims and litigation, reputation, equipment and completion of the qualifications. The
committee selected 24, icompanies to enter into Agreements with for Fiscal Year 2014.
PRICING ANALYSIS -The annual estimated cost is 16 percent higher than pricing on the Fiscal Year
2013 Agreements. However, costs are offset by fee revenue.
M/WBE, Office A waiver of'the goal for MBE/SEE subcontracting requirements was requested by the
Polilce Department and approved by the M,/WERE Office, in accordance with the BIDE Ordinance,
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 30, 2014.
RENEWAL OPTIONS -These Agreements may be renewed for up to four successive one-year terms
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 INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds will be available in the Fiscal Year
mht,M1:fi1e-.//C Documents and Settings\scottt\Local Settings\Temporary Intemet. FilesTo... 10/4/20113
M&C Review Page 2 of 2
2014 operating budget, as appropriated, of the General Fund, in accordance with the budget
approved by the Fort Worth City Council on September 17, 2013,
TO Fund/Account/Centers EROM Fun d/Account/Centers,
GG01 462624 035 2 0.00 GG01 539120 0357201
..............
Submitted for City Mana,ger's Office by:. Charles Daniels (6199)
01MOinafing Department Head: Jeffrey W. Halstead (4210)
Additional Information Contact,, Aya halt' (4239)
.......... ......1-1..................'""'.......... .......... ..........
ATTACHMENTS
Vendors attached to MC.doc
mhtmI:fiIe://C:\Documents and Settings,\scotffiLocal Settings\Tempor,a,ry Intemet FilesTo... 10/4/2013