HomeMy WebLinkAboutContract 45015 AGREEMENT FOR STANDARD CITY SECRUAW-
POLICE INITIATED TOWfNG SERVICE
WHEREAS, the City of Ford: Worth occasionally requires the services of tow
trucks and,
WHEREAS, 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 City Manager, and Hight
arl*ne Products, Inc. ba/E s Towing, hereinafter referred to as "'Contractor,"
acting herein by and through Lance Hight, V I'd e-Presx dent, 'its, duly authorized
representative,ive, agree as follows:
SERVICE
City hereby contracts with Contractor to provide police 'Init ated wrecker service.
City, through its Police Department, shall, dispatch Contractor from a pollee initiated
rotation list to vehicles that have either been 1 abandoned; 2 involved In a. collision; 3
parked. or �perated in violation of law-, and/or 4) are to he checked for evidence
; u (including recovered stolen vehicles and vehicles belonging t in viduals in the custody
of the police). Contractor sha.11 perform a tow at the direction of any City police officer.
Contractor shall obey the directions of police officers icers in performing sueh tows, and shall
ensure that such tow is performed with all due care to avoid interference with police
activities and police information.
2.
TER
The initial tern of this Agreement shall begin on October 1, 2013, and expire on
September 30, 2014. In addition to the initial term of this Agreement, there shall he four
options to renew for terns 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 OFFICIAL RECORD
CITy SECRETARY
L i
IRECEIVED OCT 18 ^903 FT WORTHi TX
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:
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 from 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.
cci
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,tie 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 performed under this Agreement; 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 Invoicin and Payment., Contractor shall 'Invoice City once per month, no later
than the fifth working day of the month following services. Contractor shall
Agreement for Police Initiated,Towing Service Page 2 of 21
include with the 'invoice such documents as may be reasonably requested to
p *de evidence of the services provided to the City, which at a minimum shall
rovi I
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include all 'information entered on the wrecker selection form by the officer at the
scene of the police ini"ti-ated 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 remit payment to
Contractor within thirty (30), days following receipt and approval of a properly
prepared Contractor 'invoice.
4
VEHICLE AND EQUIPMENT REQU,1REM ENT
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 minimum TDLR
requirements.
Standard and Car Carrier. A minimum 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 10,000 pounds, gross vehicle weight, dual rear, wheels,
equipped with a hydraulic operated winch, winch lines, and a boom rated at
not less than 8,000 pound lift capacity and a wheel fift device rated at not less
than 2,5 pounds. A minimum of two (2) tilt bed/roll back dual rear wheel
wreckers rated at not less,than 14,000 pounds, gross vehicle weight.
Agreement for Police Initiated Towing Service Page 3 of 21
Each wrecker shall have and maintain current identifying markings required
by the Texas 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 flashing amber
light (or other color permitted by State law);
(c) Portable auxili ary 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.
In 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) 'row bar;
2) Towing fights;
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-,
Agreement for Police Initiated Towing service Page 4 of 21
10) Trash container,
9 0
11) Backing waming signal-,
12) Wheel chocks
13 Dollies (Standard Tow Truck Only),
14) Ten (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) Communication Device or Two-way radio equipment capable of'
communicating with the Co�ntractor'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 Inspection. Each tow truck and the required equipment shall e .ns eeted 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 fTom insurers acceptable to City of the following types,
and amounts:-
5.1 Commercial General Liability
$500,000 each occurrence
$500,,000 aggregate
Or
Garage Liabiflity
$500,000 each accident,other than auto
$500,000 aggregate,
5.2 Automobile Liability
$1,000,000 each accident, combined single limit
Agreement for Police Initiated owing Service Page 5 of 21
This coverage shall include all vehicles owned or non-owned that are
0
operating under Contractor's operating authority performing services under
this Agreement.
5.3 Cargo/On-Hook
$50,000 per unit
Coverage shall include both the unit being towed and its contents. UTU*ts
covered shall 'Include but not be limited to motor vehicles, trailers, and boats.
Coverage shall be written on a direct primary basis.
5.4 Cara el Liability
$30,000 per unit
5.,5 Worker's Compensation/Accident Insurance
Coverage shall meet the minimum requirements,of state law, as con-
tained in the Motor Carrier Rules and Regulations.,
5.6 Contractor, shall mai*ntam* 'insurance coverage at all times. Current '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 (30) 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 requirements specified herein.
4) Each "insurance policy shall be endorsed to provide the City a minimum thirty (30)
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'
no�n-payment of premium.
Agreement for Police Initiated Towing Service Page 6 of 21
5) Insurers must be authorized to do business, in the State of Texas and have a
current A.M. Best rating of A: VII 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 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
a
risk retention groups. The City must approve, In "ting, any altemative 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 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
insurance policies required by these Agreement documents.
53 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 limit thereof.
6.
DI'VISIONS 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 th at ll dictate
the order in which wrecker comp,am es are contacted.
Agreement for Police initiated Towing Service Page 7 off
W.
6-3 City may request nt race o,r to, conduct a police irutiated tow within any zone, and
Contractor agrees touse 'Its best efforts to am've at the scene of the I within thirty
,police tow
(30) MI"nutes for light duty,and medium duty tows.
7.
DUTIES AND RESPONSIBILITIES OF CONTRACTOR
City, her grants to Contractor the right to provide Police Initiated Towffig
Servi"ces at City's direction to the areas commonly described as the North, East, South, West
and Central di'visl'ons located VA-thin the city limits of' the City of Fort Worth and more
s *f 1 1 1 1 n ines
peel ically demonstrated 'n Exh*b't A. City reserves the 'ght to change the boundary I"
of the dl*vl*sl*ons. Such change shall be at the discretion of the City. Contractor's right to
^ 10,
provide Police Initiated Towing Services in the Divisi'ons is at the direction of City and 'is
initiated through the CI*ty's Police Department,"s Dl*spatch Communication Division or other
means. The granting of t1iis n'ght by City does not guarantee Contractors any quantity, of'
work or monetary gain. Additionally, Contractor 'i's required to inform City I'mmediately
of any vehicle accident *involving a towing vehlcle operated by Contractor. City may
*der the accident, and the surrounding circumstances, in reviewing Contractor's
consi I
perforinance 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 to of this Agreement, shall perform the
following duties,and have the following responsibiH ties
:
7.1 Records,and Information.
The Contractor shall maffi tain on file V*I'th 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 maintai*n records of the vehicles towed and charges of tows, from calls received for
police initiated tow ire g.1 Rec rlds, shall be maintained for at least, three (3), years following,
completion of the Agreement and shall be open for reasonable inspection by the C*ty.
The failure to provi'de records to the City 'is a vl*o tat l*on,of the Agreement.
7.2,Res, Time.
Agreement for Police Initiated Towing Service Page 8 of 21
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 (30) minutes for light and medium
duty towing, except in extraordinary situations where delay s caused by ice, snow, or
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.
7.2.1 Response f i'I ime Violation.
The course of disciplinary action shall be up to the! City, including Wrl'tten 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 wl*thin a thirty (30) calendar day period. The to 'Company
Disregard' shall mean those t' es when the company, accepts the dispatch,, but fails
to notify the Police Department's Communication Division within fifteen (15)
fro un 1 tr I wi
minutes m the t' e of notification ifthe Coin actor is unable to respond "thin
the thirty (30) minutes allotted for a response to a call for towing services, a
minute or the Contractor
Contractor exceeds the thirty (30) 'nute response time and s late,
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 (301) 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.
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
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
WO
3), Fully cooperate with any investigation conducted by the City regarding
complaints against Contractor, whether or not such complaints an*se out of services
contemplated by this Agreement.,
7.,A,.,Ci,jy Taxes.
Contractor shall not become delinquent in the payment of any taxes due to City or any
governing body or agency.
7.5 Soli*citI'nR,,
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 bits 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, ston*ng, trading, or
purchasing the vehicle.
7'.6 Debris Removal and Fluid Clean
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
c, idered complete by merely sweeping it to the curb line. Contractor shall not pick-up
onsi 1 1 1
any known hazardous material, Texas Administrative Code, Title 30, Part 1, Chapter 327,
(Texas Commission on Environmental Quality, Spill Prevention and Control).
7.7 Em.
VI
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 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
Agreernent for Police!initiated Towing Service Page 10 of 21
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 Meetiniz
Contractor shall attend City meetings as requested.
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 Deftition.
"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 Towina Operati ons.
Contractor shall have employees available and be capable of releasing vehicles in
accordance with this Agreement twenty-four (2 4) hour's 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 linuts, of the City.
Contractor shall perform Towing Operations under the laws, regulations,, orders,
ordinances and guiI
delines of the State of Texas, Tarrant County and the City of Fort
Worth.
8.3 Police Initiated Site Ins,pections,.
VS,Fs 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.
Agreement for Pojice Initiated Towing Service Page i i of 21
SUSPENSION AND TERMINATION
All work performed by Contractor hereunder shall be performed to the satisfaction of'the
al Ii
City. The determination made by the City, shall be final, binding and conclusive on ai I i
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 ire part, will be made by the
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 of or their designee, At any time the City may conduct a
performance review of thi's Agreement. The 'Information used in assessing Contractor's
performance may include the information submitted by Contractor and any other
information deemed pertinent 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 this agreement',
1 10.
1) Vio I lation of any to and/or condition specified in this Agreement;
2) Permitting a tow truck to be operated by anyone while under the 'Influence of alcohol
and/orillegal drugs;
3) Performing services under this Agreement while consuming, or while under the
influence of drugs or alcohol-,
41
4) Permitting a tow truck to be operated by anyone whose operat ►r's license is
suspended
5) Transferring or assi ning any call for service to any other Contractor;
9
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 ' spections or contract compliance duties,,
Agreement for Police Initiated Towing Service Page 12 of 21
9) Failure to comply with any state or federal law or code, or City ordinance related to
the operation of a wrecker Contractor-,
10)Disobeying traffic control devices (traffic lights, stop signs, etc.
11) Using any type of siren besides, the backup warning signal,-
12), Making any repairs or alterations to a ve hic,le obtained from a,police 1 1 nitia t e d
tow;
13)Towing any vehicle which is occupied by any person, except as specifically
directed by a police fficer;
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-,
17)Inappropriate touching any customer, motorist, 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 negligent manner.
9,,2 When it comes to the attention of the Chief'of Police that grounds exist for the
revocation e contract, license or permit 'issued under thi's 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
rr*%Il
hearing,. i ne notice shall also set forth a sum mar 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
Agreement for Police initiated Towing Service Page 13 of 21
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 hearl'ng officer may
order such license or permit revoked or may order It suspended for a period not to
exceed six (6) months.
7) A copy of the findmgs,, coinc,lusi'ons and order shall be delivered to the Contractor.
If the hearing officer suspends or revokes a license or pennit, they shall further
delver to the Contractor written notice of the right to appeal.
10.
INDEMNIFICATION
10.1 General Indemni fication.
filth itn 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 hannIess 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 proltectl'on that it enjoys under applicable State or Federal law.
10.2 Environmental Indenuuffication.
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 O ' 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
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11- 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 further warrants that it and Its officers, agents, employees, and subcontractors
w'It perform all services under this Agreement 'in a safe, efficient and lawful manner using
industry accepted practices, ana in full compliance with all applicable state and federal laws
governing its activities and is under no restraint or order which would prohibit performance
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 (includig 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
1 "'thout limitation
otherwise, matured or unmatured, foreseeable or unforeseeable including wi
reasonable attomey'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 pertaining to same, and including without
limitation":
a. Dama es for personal injury and death, or injury to property or natural resources
1
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
connection with the existence of such monitoring wells or violations or
enviro en l requirements, and 'including, without linlitation any attorney's fees,
nmta
Agreement for Police Initiated Towing Service Page 15 of 21
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 Requirement.---*.
11.3 Environmental Requirements shall, mean all applicable present and future statutes,
regulations, rules, ordm* ances,, codes, licenses, permits, orders, approvals, plans,
authorizations, concessions, ftanchises, and simi'lar items, of all governmental agencies,,
departments, commissions, boards, bureaus,, or 'instrumental it ies of the Urated States, states,
and political subdivisions thereof and all applicable judicial, adn1irlistrative, 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 lirm*ted to, those pertainmg to reporting,
licensing, .1 11* ing permitting, nvestigation, and remediation of emissions, discharges,
releases, or threatened releases of hazardous, materials, pollutants, contamm" ants, or
hazardous or toxic substances materials, or wastes whether solid, liquid, or 9 aseous
in nature, into the air, surface water, groundwater, storm water, or land, or relating to
the manufacture, pro�cessing, distribution,, use, treatment, storage,, disposal, transport,
or handling, of pollutants, c,o�ntan-n*n,ants, or hazardous or toxic substances, materials,
or wastes, whether solid, liquid, or gaseous 'in nature; and
b. All requirements pertairim" g to the protection of the health and safety of employees
and/or the public.
1210
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.
INDEPENDENT CONTRACTOR
Agreement for Police Initiated Towing Service Page 16 of 21
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 all 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 orm'ssions of its officers, agents,, servants, employees, contractors,, subcontractors,
icensees and invitees., The doctrine of respondeat superior shall not apply as between the
City and Contractor, "Its officers, agents, servants, employees, contractors and
subcontractors, and nothing herein shall be construed as creating a partnership or Joint
venture between the parties hereto.
14.
VENUE
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' Tex as, Fort Worth
Division.
SEVERABILITIY
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, conditions or any other part of this
Agreement shall, remain ins 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.
ENTIRE AGREEmENT
Agreement for Police Initiated Towing Servi,ce Page 17 of 21
This Agreement embodies the complete agreement of the parties hereto Superseding
all oral or wn"teen 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.
AUTHORIZATION
The undersigned officers andJor agents are properly authon*zed 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.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples
in Fort Worth, Tarrant County, Texas, this .ay of A.D. 2013.
CITY OF FORT WORTH CONTRACTOR NAME
S W. Daniels Print Name
Assistant City Manager President\Owner'-
Date-, ZOO !1!!!z43 Date: ,
APPROVAL RECOMMENDED
.7
Je stead
Chief of Police
Date:
* _ &&be/
APPROVED AS TO FORM
AND LE LITY
V I
Jessica gsvangy,
ttor
Assistan kClity Atto�mey
ATTEST:
Agreement for Police Initiated Towing Service Page 18 of 21
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Agreement r Police Ini i ted Towing Service Page 19 of 21
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Agreement for Police initiated Towing Service Page 20 of 21
EXHIBIT B
FW POLICE AUTO POUND OPERATIONS
The following rules and procedures shall be observed by Contractor upon arrival at
the Police Auto Pound.
I 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)personjoperator
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. 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 invesfigation per or 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 t o�f 2
e of h C-ity of ~Wort Woilh,
CITY Cu"UNCIaL AGENDA FoitTWORT1,11
'!V ! r. ..'MA.?.IM ,.. i. . 1 ..w . i i i ! s..I !✓F ry i"l r vy , .,..I, ,r,T i r ,c„.dun r y. ,.,, n ... .i..,.... i,'.i o-
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COUNCIL ACTION: Approved on 9/24/2013
OWN
DATE: /2 -� 4� �C��CA : 35FY1 4PO,LIC,E
NO.9 INITIATE TOWI N�C
CODE: C T PE: 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 touring services for the Police Department.
DISCUSSION:
On September 18, 2012, (1M&C C-25842) the City Council authorized extending contracts for one
your 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 ro�le .sed a Request for Q.,.....ual.........ificati..o..ns RFQ to provide police
initiated touring 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 advertised every Wednesday in the fort"'Forth
Star-
l from July 3, 2013 through August 7, 20,13. Fifty-two vendors were solicited from the
purchasing vendor database; twenty-nine proposals were received.
The proposals were reviewed by an evaluation colmmnittee that consisted of staff from the Police
Department. The committee ranked the qualifications based on the evaluation factors outlined in the
RFQ,1 including current operations, prior experience, success in the towing industry, safety record,
compl'iance, claims d litigation, reputation, equipment and completion of the qualifications,. The
committee selected 24 companies to enter into Agreements with for Fiscal Year 2014.
PRICING AI IAL" SIS The annual estimated cost is 16 percent higher than pricing on the Fiscal Year
21013 Agreements. However, costs are offset by fee revenue.
M E Office, -A waiver of the goal for MBE/SBE subcontracting requirements was requested by the
Police Department and approved by the office, in accordance with the BD,E 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
2013 through September 30, 2014.
RENEWAL o n IONS -- These Agreements may be renewed for up to, four successive ono-year terms
1
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 Comity's obligations during the rene +weal term.
FISCAL INlroRMATIoNXi1 RTIFICATIO :
The Financial Management Services Director certifies that funds will be available in the Fiscal Year
ttp � �. f t.o� o 110/21/2013 r ' nci
M&C Review Page 2 of 2
2014 operating budget, as appropriatedi of the: General Fund, in accordance with the budget
apiproved by the Fort Worth City Council on September 17, 20,131.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 462624 0357201 $0.0!O GG01 539120 0357201 $0.00
..........................
Subimifted for Cilty Manner's Office Charles Daniels (6199)
Originating "D"ej?artmenti Head: J eff'rey W. Halstead (4210)
Addifisonall Information Clgntact:. Aya Ealy(4239)
ATTACHMENTS
Vendors attached to MC.doc
http-.//iapps.cfwnet.org/council iew.asp. 10/21/2013,
_packet/mc—rev' 191D=18919 1&councildate=9/24/2013