HomeMy WebLinkAboutContract 45016 AGREEMENT FOR STANDARD AND HEAVY DUTY
POLICE INITIATED TOWING SERVIC&y SqMffAW
C0NMCTN0,0..W12
WHEREASI the City of' Fort Forth ccas"on.11y 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 are
through Charles W. Daniels, its duly authorized Assistant City Manager, and A-1
Wrecke Service L LC, hereinafter referred to as "Contractor,"tractor," actin, hareem by and.
through VSF pe miss LTD, its Member, by VSF Management, LLC" its General
Partner, by James Clay, its Manager, its duly authorized representative, ,agree as
follows$
SERVICES
City hereby contracts with C ontractor to provide police initiated wrecker ,service.
City, th:rough its Police Department, shall dispatch Contractor r ftc a police initiated
rotation list to vchIcics that have either been l abandoned* 2) involved 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 perf"o inn such tows and shall
ensure that such tow is performed with all glue care to avoid interference ce with police
activities and police information.
2.
T
The initial term of this Agreement shall begin on October 1, 2013, and expire Can
September 3'0, 2014. In addition to the initial term 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. OFFICIAL COO
3. Y SECRETARY
COMPENSATION FT.,WORTH,TX
E C E VV E D OCT 18 2013
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) Tow . 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 co, orate limits of the City as directed by the epee
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 truck.
tow tru .
cci
Travel time is excluded.
3) Additional Charg s. 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 suc...
as, but not limited to, an unusual circumstance within the right-of-way, a river or a
creek bed or a ditch of greater depth than the ordinary bar ditch. Such charge to be
made from 'the time the operator begins to remove the vehicle until it is on the
traveled portion of the street.
4) Use of ad No additional fee shall be charged for the use of a dolly on a
Standard Wrecker tow.
3.2 As compensation for providing the services contemplated by this Agreement, City
agrees to pay Contractor as follows, for heavy tows:
1) Towage. A charge of two-hundred sixteen dollars ($216.00) per hour for
towing such vehicle from one point on a street to anotherlocation within the
corporate limits of the City as directed by a City police officer at the place
where the tow originated. The minimum charge shall be for one hour; after
the first hour, time shall be billed for in increments of fifteen (15) minutes, at
a charge of$154.00 per 'increment.
Agrecnient for Police Initiated Towing Service Page 2 of 22
2 Second Heavv Dutv Iowa . In the evert the tow truck driver at the scene
determines that a second tandem axle tow truck is required, a charge of two
hundred sixteen dollars ($216.001) per hour hiller in increments of fifteen 0 5
minutes while at the scene of the police initiated tow, with a minimum charge,
for one hour, for assistance in clearing the scene of are accident.t. A police
supervisor must approve, in writing, the use of a second tow truck. Travel
time is excluded.
3 Reimbursable. In the event Contractor is required to rent equipment or
other materials specifically related, to a police initiated tow, as directed in
writing by a police supervisor at the scene, Contractor shall be reimbursed the
actual cost incurred plus fifteen percent (1.5%). Charges under this
subparagraph are subject to the review and approval of'a police supervisor..
4 Extra held. Are additional charge of twenty dollars $20. per employee per
hour, with a. minimum charge of four hours or $80.+ 0, when authorized
writing,by a police supervisor at the scene the police initiated tows.
5 .sir cushions.
a,) Regular cushions A charge of one hundred-fifty y dolla.rs $1 50010) per
hour, per cushion, with a minimum charge of one hour or $150.00. ,after the
first hour, billing shall he it increments of fifteen 5 minutes.
h. Tanker cushions - A charge are of four hundred. dollars ($1400.001) per hour,
per cushion, with a minimum charge of one hour or $400.0+x. After the first
hour, billing shall he ire increments of fifteen 15) minutes.
c. Prior approval by a police supervisor at the scene of a. police *Initiated: tow
is re u
Officer on the scene, a charge of four hundred dollars ($400.00) per hour, two
hour minimum, with subsequent 15 minute increments being charged as
$100.00 per 'increment, with prior written approval fro�m the p'ol'ice supervisor
on the scene.
3.3 'Rotation Tows., Contractor shall not exceed, the fee structure for police iffl'tiated
tows performed under this Agreement; as detailed in sections 3.1 and 3.2 above,
1 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.
3.4 Invoicing and Payment, Contractor shall 'Invoice City once per month, no later
than the fifth working day of the month following services, u ontractor shall
include with the j".nvoice such documents as may be reasonably requested to
preside evidence of the services provided to the City, which at a minimum shall
rovi
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 remit payment to
Contractor within thirty (30) days following receipt and approval of a properly
prepared Contractor 'invoice.,
4
VEHICLE AND EQUIPMENT REQUIREMENTS,
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.
Agreement for Police Initiated Towing Service Page 4 of 22
............
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 min'
imum of two (2,)
other vehicles at the discretion of the Contractor that meet the minimum TDLR
requirements.
(OStanlord and Car Carrier. A minimum of tour (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 lift device rated at not less than 2,500 pounds. A,
minimum of two (2) tilt bed/r,oll back dual rear wheel wreckers rated at not less
than 14,000 pounds gross vehicle weight.
(2) Tandem Axle Tow Truck. A minimum ot%two (2) tandem axle (heavy duty)
wreckers rated at not less, than 54,,000 gross vehicle weight (GVW ), equipped
with two hydraulic winches and winch lines with a boom rated at not less than 50
tons and under lift capacity of 50,000 pounds.
(3) Each wrecker shall have and maintain current identifying markings required
by the Texas Transportation Code, Section 642.002, as same may be amended.
(4) 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 auxiliary brake lights, emergency flasher, turn signal, and tail
light with protective pads"covers on the bottom, for use on towed vehicles,-,
(d) A warning alarm, clearly audible above the surrounding noise in the
vicinity and designed to sound when the tow vehicle is shifted into reverse
to signify that the vehicle is backing up;
(e) Dual Rear Tires, adequate in size and rating for the size and weight 01
the tow truck, with not less than 3/32nds inch of tread and mounted on
Agreement for Poi l ice Initiated Towing Service Page 5 of 22
rims secured with the manufacturer's reconuvended number of lug nuts;
and
Co Tandem Axle Tow Truck. A minimum of two (2) tandem axle (heavy
duty) wreckers rated at not,less than 54,000 gross vehicle weight
(GV R , equipped with two hydraulic winches and winch lines With a
boom rated at not less than 50,000 pounds and tinder lift capacity lift
papa c't of 50,000 pounds,.
.2
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) Tow bar-
2) Towing lights-,,
3) Emergency overhead warning lights-,
4) Safety chain,
Fire extinguisher (10 pounds; A. .C. Type);
5);
6) Crow bar;
7) Push Broom-,
8) Shovel;
9), Emergency reflectors or traffic cones;
10) Trash container;
11) Backing warning signal,-,
12) Wheel chocks,-,
1 ) 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 ''wo-way radio equipment capable of
com.municating with the Contractor's dispatcher at all times., Such
equipment shall be approved and, licensed in accordance with federal
lawI-, and
Agreement for Police Initiated'rowing Service Page 6 of 22
16) Any other equipment required by state law.
4.3 Ins 1 1
pection. Each tow truck and the required equ*pment shall be inspected by the Chief
of Police's designated staff following the execution of this Agreement on an annual basis.
In addition, each tow truck and the required equipment shall be subject to intermittent
inspection by the City to assure compliance with this Agreement. The inspection
requirements shall be detailed on the annual wrecker 'inspection, form and revised as
deemed necessary by the Chief of Police's designated staff
5.
fNSURANCE 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
$500,000 aggregate
Or
Garage Liab gill
ty
$500,000 each accident, other than auto
$,500,000 aggregate
52 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.
5.3 Cargo/On-Hook
$50,000 per it
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 Ll*abl*ll*ty
$30,000 per unit
Agreement for Police Initiated Towing Service Page 7 of 22
0
5.5 Worker's Com pens ati onJAcc ident Insurance
Coverage shall meet the minimum requ irements of state law, as con-
tained in the Motor Carrier Rules and Regulations.
5.6 Contractor shall maintain insurance coverage at all times. Current insurance
c i
ert f icates shall remain on file with the City during the term, of-this Agreement. It is the
responsibility of the Contractor to submit updated surance to the City. Insurance coverage
may, at the sole discretion f'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
non-payment of premium.
5) Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
6) Deductible limits,, or self-funded retention limits, on each policy must not exceed
$1 O, 0.00 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 riskk 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.
Agreement for Police Initiated Towing Service Page 8 of'22
......... ................
M!.)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.
5.7 In the event a state or federal law, rule or regulation pertaining to wrecker service
companies operating within the State of Texas exceed insurance requirements specified
herein, such state or federal law, rule or regulation shall prevail for the respective type of
instuance coverage and/or limit thereof.
6.
DIVISIONS AND ROTATIONLIST
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) m iutes for light duty and medium duty tows and forty five (45)minutes for heavy duty
tows.
7.
DUTIES, AND RESPONSIBILITIES O�F CONTRACTOR
City hereby grants to Contractor the right to provide Police Initiated Towig
Services at City's direction to the areas commonly described as the North, East, South, West
and Central divisions located within the city limits of the City of Fort 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, night to
provide Po�l"ce Initiated Tow*ng Serv"ces in the D*v*s,'ons is at the I is
rovi I I I I I I I direction of C'ty and *
Agreement for Police 1hitiated Towing Service Page 9 of 22
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
6 0 40
*der the accident, and the surrounding circumstances,, in reviewing Contractor's
consi I
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 to of this Agreement, shall perform the
following,duties and have the following resp�onsibilities:
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 ntimber; further, Contractor shall notify
the City of any change of ownership, president or cni.ef executive onicer, change of address
or corporate organization within five (5) City business days of any such change. Contractor
shall maintain records of the vehicles towed and charges of tows from calls received for
police *initiated towing. Records shall be maintained for at least three (3) years following
completion of the Agreement and shall be open for reasonable inspection by the City.
The failure to provide records to,the City is a violation of the Agreement,
7.2 Response Time.,
Contractor shall be capable of receiving requests, for services -from City tlu-ough 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 and forty-five (45) minutes for heavy 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 r i r-N ime Violation,.
Agreement for Police Initiated Towing Service Page 10 of 22
The course of disciplinary action shall be up to the City, including written notice,
suspension, and/or termination of contract, which can be taken if Contractor violates
response times.
1) Company Disregard. The Contractor will be allowed five (5) 'Company
Disregarded' calls within a thirty (30) calendar day period. The ten-n "Company
Disregard"' shall mean those times when the company accepts the dispatch, but falls
to notify the Police Departi-nent's Communication Division within fifteen (15)
minutes from the time of notification if the Contractors unable to respond within
the thirty (30) minutes allotted fo�r 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.
Company Decline: The Contractor Will be allowed ten (10) 'Company Decline'
calls Within a thirty (30) calendar day period., 'The to '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 w"11 the City be *Invoiced or pay for City "Initiated cancellations.,
73 Towing to Auto Pound. Contractor shall deliver the vehicle being towed to the
location within the corporate limits of City designated by the police officer at the scene of
the police 'Initiated tow. Delivery shall be made without delay or detour. Contractor
must**
1) Comply with the Auto Pound processing 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
complaints against Contractor', whether or not such complaints arise out of services,
contemplated by this, Agreement.
7.4 CiMTaxes'..
Agreement for Police Initiated T'owitig Service Page I I of 22
t"
uontractor shall not become delinquent in the payment of any taxes due to City or any
governing body or agency.
7.5 Soliciting.,
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 solict"ting, the busi'ness of towing, repairing, wrecking, stofing, trading, or
purchasing the veWc,le.,
7.6 Debris Removal and Fluid Clean.,,Up,.
Contractor shall completely remove all debris, except known ha7,ardous 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 fine. Contractor shall not pick-up
any known hazardous material, Texas Administrati've Code, Title 30, Part 1, Chapter 3127,
('Texas Commission on Environmental Quality, Spill Prevention and Control).
7.7me,es.
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 unifonn. All
personnel working under this Agreement shall be fully qualified and legally capable of
performing their 'Individual i olb 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 Drug Testing requirements set by
Texas, Department of Lice sing and Regulation (TDLR), Texas Administrative Code,
Title 16, Part 4, Chapter 86, Rule Section 86.7101. Contractor's employees will comply
with all traffic laws when operating vehicles.
7.8 Meeting.,Requirements
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.
Agreement for Police Initiated Towing Service Page 12 of 22
8.
VEHICLE STORAGE FACILITY INSPECTIONS
8.1 Definition.
"Vehicle Storage Facility" (VSF)i shall mean a facility operated by a person licensed under
the Texas Occupations Code, Section 23013.0102(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(3165) days pier year including holidays and weekends.
8,.2 Contractor's Towing Operations.
Contractor shall have employees available and be capable of releasing, vehicles in
accordance with this Agreement twenty-four (24) hours a day, three hundred sixty-five
(365) days a year including weekends and holidays. Contractor shall maintain, manage
and operate a currently licensed VS F located within the corporate limits of the City.
Contractor shall perform Towing Operations under the laws, regulations, orders,,,
ordinances and guidelines of the State of`' Texas, Tarrant County and the City of Fort
Worth.
8.3 Police Initiated Site..Ins pactions.
VSFs and contractor's records, shall be inspected by the City's Chief of' Police's
designated staff during the to of this contract. Any compliancle 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 te I oy 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 h e r ade by the
City biased upon recommendations, from the Police Department. Termination, in whole or
in part, should Contractor's work be deemed unsatisfactory, biased upon recommendations
will be made by the Chief or their;designee., At any time the City may conduct a
performance review of this Agreement. Theinformation used in assessing Contractor's
Agreement for Police initiated Towing Service Page 13 of 22
performance may include the information submitted by Contractor and any other
i I nformation 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) Violation of any ten-n and/or condition specified In thi is Agreement;
2) Permitting a tow truck to be operated by anyone while under the influence of alcohol
and/or illegal drugs;
3) Performing services under this Agreement while consuming, or while under the
influence of drugs or alcohol,-1
4,) Permitting a tow truck to be operated by anyone whose operator's license is
suspende&
10
i
5) Transferring,or signing any call for service to any other Contractor,
6) Any sustained complaint of the by personnel of Contractor while acting in their
*ty as,e pilolyeles of Contractor-,
capaci m
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) Falling to comply with all directions of police personnel at the scene of' a police
initiated civilian employees, at the Police Pound, or civilian employees
fiated tow 1
performing inspections or contract compliance duties,
9) Failure to comply with any state or federal law or code or City ordinance related to
the operation of a wrecker Contractor;
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 vehicle obtained from a police 'initiated
tow;
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-,
Agreement for Police Initiated Towing Service Page 14 of 22
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, molto!rist, City employee or any other person,
1.7 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
repocatio n f contract,
license or permit issued under this Agreement, a hearing may be
o a
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 f mail, return receipt requested, or by personal service.
erti ied mail
2) A hearing notice shall he iii wri'ting and shall name the place, date and time of the
l ar'I n I
g. 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 afterthe
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
w itten orders, appropriate to their findings within thirty (301) days of conclusion of
rl
the hearing.
6) If grounds exist 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 (61), months,.
7) A copy of the findings, conclusions and order shall be delivered to the Contractor.
If the hearing officer suspends or revokes a license or permit, they all further
delver to the Contractor,written notice of the right to appeal.
10.
fNDEMNIFICATION
Agreement for Potice Initiated Towing Service Page 15 of 22
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 its own agent,
servant,, subcontractor or employee. Nothing contained herein shall be construed to be a
waiver by City of any night of protection that it enjoys,under applicable State or Federal law.
1 .2 Environmental IndempificatiOn.
CONTRACTOR DOES HEREBY RELEASE,, INDEMNIFY, REIMBURSE,
DEFEND, AND HOLD HARMLESS THE CITY OF, FOR 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 REQUIREMENT'S 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 OFFIC ERS, AGENTS, EMPLOYEES, OR
SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY,
11.
WARRANTY
11. 1 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 ftirther warrants, that it and its officers, agents, employees,, and subcontractors
will perform all services, under this Agreement in a safe, efficient and lawful manner using
industry accepted practices., and in full compliance with all applicable state and federal laws
governing its activities and is under no restraint or,order which would prohibilt 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,.
Agreement for Police Initiated'rowing service Page 16 of 22
judg 1. 2 Environmental Damages means all claims, ments, damages, losses, penalties,
fines, liabilities (including strict liability), encumbrances, liens costs, and expenses of
investigation and defense of any claim,, whether or not such claim is ultimately defeated,, and
of any good faith settlement of judgment, of whatever, kind or nature., contingent or
otherwise, matured or unmaturedy 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 Ageement,, 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 performance 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 M*
connection with the existence of such monitoring wells or violations or
an
environmental requirements, and including without limitation y attorney's fees,
costs and expenses incurred in enforcing this Agreement or collecting any sums due
hereunder; and
C. Liability to any third person or governmental agency to indemnify such person or
agency for costs expended in connection with the items referenced in
"Environmental Requirements.��
11.3 Environmental Requirements shall mean all applicable present and future statutes,
regulations rules ordinances, codes,, licenses pen-nits, orders, approvals, plans,
authorizations, concessions, franchises, and similar items, of all dove rental agencies,
departments, commissions, boards, bureaus, or instrumentalities, of the United States, states,
and political subdivisions thereof and all applicable Judicial, administrative, and regulatory
Agreement for Police Initiated Towing Service Page 17 of 22
decrees, judgmients, and orders, relating to the protection of human health or the
environment, includingWithout limitation:
a. All requirements,, including, but not limited to, those pertaining to reporting,
licensing, permitting, investigation, and remediation of emissions, discharges,
releases, or threatened releases of hazardous materials, pollutants, contaminants or
hazardous, or toxic substances, materials, or wastes whether solid, liquid, or gaseous
in nature, into the air, surface water, groundwater, sty nn 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 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 un-rea,sonably
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
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 night 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 omi'ssions, of its officers, agents,,, servants, emp�loyees,, co�ntrac,tors, subcontractors,
licensees and invitees. The doctrine of respondeat superior shall not apply as, between the
City and Contractor, its officers, agents,,, servants, employees,, contractor's and
subcontractors, and nothing herein shall be construed as creating a partnership or joint
venture between the parties hereto.,
14.
Agreement for Police Initiated Towing Service Page 1 8 of 22,
*wVYENUE
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 inthe state courts located in Tarrant County, Texas
or in the United, States District Court for the Northern, District of Texas, Fort Worth
Division.
15,
SEVERABILITY
If any of the terms, sections, subsections,, sentences, clauses, phrases, provisions,
covenants, conditions titions 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 in full force and effect and shall in no way be affected, 'impaired
or invalidated.
16.
APPL.ICABLE LAW
This Agreement is to be construed, governed and enforced under all a pl'c
p A le
Texas and federal law and all City ordinances,.
17.
ENTIRE AGREEMENT
This Agreement embodies the complete agreement of the parties hereto superseding
all oral or Wd'teen previous and contemporary agreements, between the parties relating to
4,
matters herein; and except as otherwise provided herein, cannot 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 necessary resolutions or actions,extending such authority have been duly passed and are
now infull force mid effect.
Agreement for Police Initiated Towing Service Page 19 of 22
IN WITNESS, WHEREOF, the parties here �,h e executed"this agreement in multiples
r%
in ort Worth, Tarrant County, Texas, this Xay of A.D. 2013.
CITY OF FORT WORTH CONTRACTOR NAME
t ,
40
Ch6ic's W. Daniels' Print N �T ,�o*14, ea?,40.4,
Assistant City Manager President\Owner
Date: e —
142 a
PR AL RECOMMENDED
e Z�A-ZIAA,& LLC
1w A-I Wrecker Service,
TOT
e f r tea * F VS Properties, Ltd, its Member
ey Hatsd By
Chief of Police By: VS,F Management, L,LC, its
Date:
J,am y, its Manager
APPROVED AS TO FORM
AND LEGALITY
Jessie c angsvan,g
0
Assistant City Attorney
01
AT'T M
1001
dity Secrets
M&C Number:
Date Approved: (41/1
City Ordinance: Article Wreckers
FoFFICIAL RECORD
I CITY SECRETARY
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FW POLICE AUTO: POUND OPERATIONS
T' a 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),person/operator
unless authorized by the City's,on-duty shift supervisor.
3. For safety precautions,, Contractor shall be required to off-load all Tilt Bed/Roll
Back cargo.
4. Auto Pound "Inventories shall be handledin 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 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 and Supervisor.
Agreement for Police Initiated Towing Service Page 22 of 22