HomeMy WebLinkAboutContract 44970 CITY SEC
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AGREEMENT CDR STANDARD CONTRACT
POLICE fNITTAT'ED TOWING SERVICE
WHEREAS, the City of Fort Worth occasionally requires the services of tow
trucks and
ER.EAS, s uch wrecker services are necessary to protect the safety of the
citizens of the City of Fort Worth,
NOW, THEREFOR-E, KNOW ALL BY THESE "RESENTS
The City of Fort worth, hereinafter referred to as "City," acting herein by and
through Charles W. Daniels, its duly authorized Assistant City Manager, and Tow Op
Inc. ha extern Recovery, hereinafter referred to as "Colntractor," acting herein by and
th.rough Jessie Small], 1 1 its duly authorized representative, agree as follows.
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oti
SERVICES
City hereby contracts with Contractor to provide piollice initiated wrecker service.
City, through its Police Department, shall dispatch Contractor from a police initiated
rotation list to vehicles that have either been 1 abandoned; 2) involvied in a collision, 3
parked or operated in violation of law; and/or 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 police 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 terra of this Agreement, there shall be four
options to renew for terms of one year each, unless earlier terminated as hereinafter
provided. Renewal shall occur upon City including in its budget for the option years
sufficient funds to pay for its obligations hereunder..
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 ($135.00) for towing such vehicle frorn one point on a street to
another location within 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 dollars ($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 Chars. 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
($100.001), per hour, charged in increments of fifteen (151) 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 ftom 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 pollice initiated
tows performed under this Agreement, as detailed in section 3.1 above, i.e.,
charges shall not exceed the standard fees allowable under tills, 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 rent. 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 To�wing Service Page 2,of 20
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 Pound.
Such invoice shall be subject to the review and approval of appropriate City
personnel and the Police Auto Pound Supervisor. City shall rernit payment to
Contractor within thirty (30): days following receipt and approval of a properly
prepared Contractor invoice.
4
,VEHICLE AND EQ,UIPMENT UIREMENT'S
Contractor shall provide all vehicles, and equipment necessary to perform Police Initiated
Towing Services in the Divisions they are assigned. All vehicles and equipment shall be
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 bed/roll back/flat bed dual rear wheel wreckers and a minimum of two (2)
other vehicles at the discretion of the Contractor that meet the minit-num TI)LR
requirements..
Standard, and Car Carrier. A minimurn of four (4) wreckers, one of which
shall be not less than 14,000 pounds gross vehicle weight and one of which
shall, be not less than 10,0f O pounds gross, vehicle weight, dual rear wheels,
equipped with a hydraulic operated winch, winch lines, and a boom rated at
not less than 8,0,00 pound lift capacity and a wheel lift device rated at not less
than 2,500 pounds. A ininimurn of two (2) tilt bedJroll back dual rear wheel
wreckers rated at not less than 14,000 pounds gross, vehicle weight.
(2) Each wrecker shall have and maintain current identifying markings required
by the Texas Transportation Code, Section 642.0 2, as same may be
amended.
Agreement for Police 1ruitlated Towing Service Page 3 of*20
(3) All of Contractor's vehicles shall have
(a) Permanent labeling on each side door of the vehicle with the Tow
Contractor's Warne, physical address (street, city, state, zip code), and
phone number;
(b) A four-way emergency flashing system and at ,Least one flashing amber
light(or other color pen-nitted by State law),-
(c) Portable auxiliary brake lights,, emergency flasher, tLim signal, and tail
light with protective pads/covers on the bottom, for use on towed vehicles;
(d) A warning alarrn, 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 ntimbe!r of lug nuts.
4.2 Equ..i pment.
In addition, Contractor shall ensure that Contractor's vehicles are equipped with the
following equipment, which at all tinnes shall be maintained in working order to meet the
following minimum criteria:
1) Tow bar-,
2) Towing lights-,
3 Emergency overhead warning lights;
,4) Safety chain,
5) Fire extinguisher(10 pounds- A.B.C. Type)1:-
6) Crow bar;
7) Push Broom,-
8) Shovel,
9) Emergency reflectors or traffic cones,
101) Trash container;
11) Backing warning signal,,
1 ) wheel chocks;
13) Dollies (Standard Tow Truck Only);
Agreement for Police Initiated Towing Service Page 4 of 20
14) Ten (1 0) 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) Communication 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
16) Any other equipment required by state law.
4.3 ins .ection. Each 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 inten-nittent
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 11 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
$500,000 each occurrence
$5010,000 aggregate
Or
A-
Garage Liability
$500i,000 each accident, other;than auto
$500,000 aggregate
5.2 Automobile Liability
$1,000,000 each accident, combined single limit
This coverage shall include all vehicles owned or non-owned that are
operating under Contractor's operating authority, performing services under
this Agreement.
Ageernent for Police Initiated Towing Service Page 5 of 20
5.3 Cargo/On-Hook
$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 Liabifity
$,30,000 per unit
5.5 Worker's Compensatlion/Accident Insurance
Coverage shall meet the minimum requirements of state law, as con-
tained in the Motor Can-ier Rules and Regulations.
5.6 Contractor shall maintain insurance coverage at all times. Cur-rent insurance
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 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,
350 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 requi Lrernents specified herein.
4), Each insurance policy shall be endorsed to provide the City a minimurn thirty (30)
calendar day notice of cancellation, non-renewal, and/or material change in policy
terms, or coverage. A ten (1 0) calendar day notice shall, be acceptable in the event of
non-payment of premium.
5) Insurers must be authorized to do business in the State of Texas and have a
current A.M. Blest rating of A. V11 or equivalent measure of financial, strength and
solvency.
Agreement for Police Initiated Towing Service Page 6 of'20
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 insurance 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.
10)Insurance policies shall each be endorsed to provide that such insurance is
primary protection and any self funded or cornmercial coverage maintained by City
shall not be called upon to contribute to loss recovery.
f)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)Contraictor's, flabitity shall not be limited to the specified amounts of insurance
required herein.
13 Upon the request of City, Cointractior 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 ning to wrecker service
companies operating within the State of Texas exceed insurance requ,irements specified
herein, such state or federal law, rule or regulation shall prevail for the respective type of
insurance coverage and/or limit thereof
61.
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 in which wrecker companies are contacted,
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 tow within thirty
(30) minutes for light duty and medium duty tows.
7.
Agreement for Police Initiated Towing Service Page 7 of 20
DUTIES AND RESPONSIBUTIES OF CONTRACTOR
R
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, :fast, 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 eight to change the boundary lines
of the divisions. Such change shall be at the discretion of the City. Contractor's right to
provide Police Initiated Towing Services in the Divisions is at the direction of City 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 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 this contract to the
appropriate City personnel. Contractor,during the tern-n of this Agreement,shall perform the
following duties and have the following responsibilities:
°fin l Records and fnfon-nation.
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, charge 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 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 capabile 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 minutes for light and medium
duty towing, except in extraordinary situations where delay is caused by ice, snow or
Agreement for Police InJtiated Towing Service Page 8 of 20
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 ar-•ived within the 30 minute
tine limit.
72-IResponse Time 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 (301) calendar day period. The ten-n 'Company
Disregard' shall mean those times when the company accepts the dispatch, but fails
to notify the Police Department's Communication Division within fifteen (15)
minutes from the time 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 th,irty(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 (10) 'Company Decline'
calls within a thirty (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 right to cancel wreckers at any point during this dispatch.
ispatch.
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 Towin 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 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
Agreement for Police initiated Towing service Page 9 of 20
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 City Taxes.
Contractor shall not become delinquent in the payment of any taxes due to City or any
governing body or agency.,
7.5 Solicitin&
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
for the purpose of soliciting the business of towing, repairing, wrecking, storing, trading, or
purchasing the vehicle.
7.6 Debris,Removal and Fluid Clean jlp.
Contractor shall completely remove all debris, except known hazardous rnaterial, 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 301, Part 1, Chapter 327,
(Texas, Commission on Environmental Quality, Spill Prevention and Control).
7.7 Empl,pyees.
Contractor will provide uniformed Nvrecker 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 individual job duties,, including possessing any necessary licenses or
specialized training mandated by federal, state or local laws or regulations. Contractor
shall adhere to, all laws and regulations concerning ng Drug Testing requirements set by
Texas,Department of Licensing and Regulation TI ED Texas Administrative Code,,
Title 16,Part 4, Chapter 86, Rule Section 861.7 10. Contractor's, employees will comply
with all traffic laws when operating,vehicles.
7.8 Meetinp,Requirements
Contractor shall attend City meetings as requested.
Agreement for Police Initiated Towing Service Page 10 of 20
7.9 Compjjance
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 TNSPECTIONS
,8.1 Definition.,
"Vehicle Storage Facility" (VSF) shall mean a facility operated by a person licensed under
the Texas Occupations Code, Section 2303.0102(8), or as amended. Contractor must
maintain business operation twenty-four 1(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 Towinp, Onerations.
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,l manage
and operate a currently licensed VSO" 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.
8.31 Police Initiated Site Inspections.
VSFs and contractor's records shall be inspected by the City's thief 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 the right 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 part, will be made by the
A grec me nt for Po:I i ce Initiated To w i n g service Page I 1 of 20
City based upon recornm endat tons 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 Contractor's
performance may include the information submitted by Contractor and any other
information deemed pertinent by pity.
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 this agreement.
1 Violation of any term and/or condition specified in this Agreement;
2 Permitting a,tow truck to be operated by anyone while under the influence of alcohol
andior illegal drugs;
3 Performing services under this Agreement while consuming, or while under the
influence of drugs or alcohol,
4) Perr ttis g a tow truer to be operated by anyone whose operator's license is
suspended;
5) Transferring or assigning any call for service to any other Cont actor
6 Any sustained complaint of theft by personnel of Contractor while acting in 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 against third parties during a.
police initiated tow or otherwise,
8) Failing to comply with all directions of police personnel at the scene of a police
initiated 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 wrecker Contractor;
1 Disobeying traffic control devices (traffic lights, stop signs, etc.
l) Using any type of siren besides the backup earning signall
12), ;Nuking any repairs or alterations to a vehicle obtained from a police initiated
tow
A regiment for Polio Initiated Towing Service Page 12 of
13)Towing 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 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, disrespectful or discourteous to
any customer, motorist, City employee or any other person,
1.7)Inappropriate touching, any custorner, motorist, City employee or any other
person; or
1 )Operating any vehicle or other equipment 'in the p,erfon-nance 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 pennit 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, 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(15) days after the
notice is issued.
4) A designated Deputy Chief shall preside at the hearing as hearing officer.
5) At the conclusion of a hearing, the hearing officer shall make written findings, of
fact and conclusions without undue delay. The hearing officer, shall further issue
written orders appropriate to their findings within thirty(30) days of conclusion of
the hearing.
6) If grounds ex fist for the revocation of a license or permit, 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 Irtitiated Towing Service Page 1 3 of 20
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 poem-iit, they shall further
detiver to the Contractor written notice of the right to appeal.
10.
INDEMNIFICATION
10.1 General Indemnification,
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 i,ts own agent,
servant, subcontractor or employee. Nothing, contained her�ein 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,EnvirownentalIndem-nification,
CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE,
DEFEND, 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
OntSS,ION 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. 1 Contractor warrants that it understands the currently known hazards and suspected
hazards which are presented to persons, roperty and the environment by hazardous waste.
Contractor further 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
gove ng its activities and i's Lruder no restraint or order,which would prohibit performance
Agreement for Police Initiated Towing Service Page 14 of 20
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.
1,1. 2 Envi-ronrnental Damages means, all claims, judgments, damages, losses, penalties,
fines, liabilities (including strict liability), encumbrances, liens costs, and expenses of
investigation and defense of any clairn,whether or not such claim is ultimately defeated, and
of any good faith settlement of judgment, of whatever kind or nat-tire, contingent or
otherwise, matured or un-matured, foreseeable or unforeseeable, including without limitation
reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred
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 pertaining to Same,, and including without
limitation.-
a. Damages for personal injury and death, or injury 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 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 perfon-nance of any cleanup, remediation, 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
tn
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
"Environ-mental Requffementus,."
113 Envirortniental 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 20
authorizations, concessions, franchises, and s milai- items,, of all, governmental agencies,
departments, cor fissions, boards, bureaus, or, instrumentalities 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
environment,' including without limitation.-
a. All requirements, including, but not limited to, those pertaining to reporting,
licensing, permitting, investigation, and rernediation of emissions, discharges,
releases, or threatened releases of hazardous materials, pollutants, contaminants or
hazardous or toxic substances, materials, or wastes whether solid,1 liquid, or gaseous
in nature, into the air, surface water, groundwater, storm water, or land, or relating to
the manufacture, processing, 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 nature; and
b. All requirements pertaming to the protection of the health and safety of employees
and/or the public.
1 .
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
con.se.nt of the City shall be void and shall operate as a termination hereof.
13.
INDEPENDENT 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 orn iss ions 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
subcontractors, and nothing herein shall be construed as creating a partnership or joint
venture between the parties hereto.
14.
VET.UE
The parties to this Agreement agree and covenant that this Agreement will be
enforceable in Fort Worth, Texas; 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
Divis,ion.
15.
SEVERABILITY
If any of the terms,, sections, subsections, sentences, clauses, ph-rases, 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 to s, sections, subsections,
sentences,,, clauses, phrases, provisions, covenants.) conditions 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 LAW
This Agreement is to be construed, governed and enforced under all applicable
Texas and federal law and all City ordinances.
17.
ENT i-RE ,ACYREEMENT
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 here'm; and except as otherwise provided herein, cannot be modified,without written
agreement of the parties.
18.
AUTHORIZATION'
The undersigned officer's 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
Agreement for Police Initiated Towing Service Page 1 7 of'20
any necessary resolutions or actions extending such authority have been duly passed and are
now i-n full force and effect.
IN WITNESS 'WHEREOF the parties hereto h , e executed this agreement in multiples
-D
in Fort Worth Tarrant County, Texas, this .,,.uay oi 2013.
CITY OF FORT WORT B CONTRACTOR NAME.
C rIes W. Daniels Pr Name
"fieside
Assistant City Manager
w*ner
Date- Dit7e:__
APPROVAL RECOMMENDED
fats jef'&ey falstead
Chief of Pollice
Date.-
ALPPROVED AS TO,FORM
AND,LEGALITY
Jessica gsvan, Culp k�
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ATTEST:
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City Secret
M&C Number. 010e
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Date Approved.-�
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City Ordinance.- Article V...Wreckers
OFFICIAL RECORD
Agreemt for Police Initiated Towing Service A
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FW PONCE AU"T"O POIJND OPERATIONS
The following rules and procedures shall be observed by Contractor upon arn*val at
the Ponce Au a Pound.
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) pers nJoperator
unless authorised by the City's on-duty sift supervisor.
3. For safety precautions, Contractor shafl be required to off'_ oad all Tilt Bed/Rol
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. 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 Fes"Police Department i all regards.
S. 'violations of any of the above shall be reviewed by the City's Senior Contract
Compliance Specialist or the auto Pound Supervisor.
Agreement went for Police initiated Towing Service Page 20 of 2
M Review Page I of 2
IL (J f
CITY I L AGENDO&A wR T NVOI R,-I-I I
COUNCIL ACTION,:: Approved on 9/2412013
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DATE 9/24/2013 REFERENCE **C-26465 LOG NAME: 35FY14POLICE
NO.: INITIATEDTOWING
CODE: 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)
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, 2012, (MI&C C-25842) the City Council authorized exten�di�ng 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 F'Q) to provide police;
initiated towing services for the Fort Worth Police Department.
Annual costs for Fiscal 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$1,382,304.00 for all contracts. These costs
are offset by fee revenue.
BID ADVERTISEMENT- This, RFQ was adv,elrt,ised every Wednesday in the'Fort Worth Star-
Telegram from July 3, 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 cons,i,st,ed of staff from the Police
Department. The committee ranked the qualifications based on the evaluation factors outlined in the
RFC , including current operations, prior experience, success in the towing industry, safety recordi,
compliance, claims, and litigation, reputation, equipment prnient and completion of the qualifications. The
committee selected 24 companies 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.
IVINVBE Office-A waiver of the goal for IVIBE/SBE subcontracting requirements was requested by the
Police Department and approved by the M/WBE Office, in accordance with the ED E Oirdiinance,
because,the purchase of goods or services, is from sources,where subcontracting or supplier
opportunities are negligible.
AGREEMENT TERMS - These Agreements will have a vine-year initial term beginning on October 1,
2013 through September 30, 2014.1
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 IMPORT" ATiON/CERTIFICATION:
The Financial Management Services Director certifies that funds will be available in the Fiscal Year
mhtm1:fi1e,-//C:\Docurnents and Settings\sangsVj\Loca1 Settings\Tempiorary Internet FilesT... 101912013
M&C Review Page 2 of 2
2014 o�per ting u� get, as, appropriated, of the General Fund, in accoir'dlance with the bu 'get
approved: by the Fort Worth City Council on September 17, 2013.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 462624 0357201 GG01 539120 0357201
...........-'-.......-..................-"'' ....................----........... ....................... .............------- .............. ........ ....
Submitted for it Manager's Office b Charles Daniels (6199)
Or"g"nafinc m�ent Head: Jeffrey W'., Halstead (421 O')
I I I -i Dielpa,rt,
Additional Information Contact: Aya Eat y (4,239)
..........
ATTACHMENTS
Vendors attached to MC.doc
mhtml.- ale://C:\Documtints and Sett ings\sangsvj Tocal Settings\Temporary Internet FilesT... 10/9/2013