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Res 065-2003 6/3/2003RESOLUTION NO. 5- ,9off RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS ON BEHALF OF THE CITY OF WICHITA FALLS FOR HEAVY DUTY AND LIGHT DUTY TOW TRUCK SERVICES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: S ECTION 1 . That certain contract, a copy of which is attached hereto and incorporated herein, for light duty and heavy duty (tandem axle) tow truck services provided by all wrecker businesses serving the Wichita Falls Police Department on a rotational basis, is hereby approved, and the City Manager be and is hereby authorized to execute same on behalf of the City of Wichita Falls. , SECTION 2 . It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 3` day of June, 2003. ATTEST: i ity Clerk CONTRACT FOR TOW TRUCK SERVICES WHEREAS, the City of Wichita Falls occasionally requires the services of tow trucks; and WHEREAS, such tow truck services are necessary to protect the safety of the citizens of the City of Wichita Falls. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The City of Wichita Falls, hereinafter referred to as "City," acting herein by and through Jim Berzina, its duly authorized City Manager, and (name of company) hereinafter referred to as "Company," acting herein by and through , its duly authorized , agree as follows: 1. SERVICES City hereby contracts with Company to provide police pull towing services. As used herein, "police pull' shall mean that the Wichita Falls Police Department has called Company from the rotation list to either remove a wrecked or disabled vehicle or to remove a vehicle in a safe driving condition, but the owner is not present, able or permitted to drive or to make authorization. 2. TERM The term of this contract shall be for a period of twelve (12) months from the date of its execution, and may be renewed by the City for four additional one -year periods. 3. COMPENSATION A. Compensation As compensation for providing the services contemplated by this Contract, City agrees to pay company as follows: 1. Light Duty Tow Services: a) Towage: A charge of $75.00 for towing such vehicle from one point on a street to another location within the incorporated limits of the city as directed by the police department at the place where the tow originated; such charge includes one hour of extra work, beginning upon arrival at the scene. b) Second Tow Truck: In the event the police officer at the scene determines that a second tow truck is required, a charge of $75.00 per hour, with a minimum charge of one hour, billed in increments of fifteen (15) minutes while at the scene of the police pull. The use of the second tow truck shall be approved by a police supervisor. Travel time is excluded. c) Extra Work: An additional charge of $20.00 per hour, with a minimum charge of one hour, billed in increments of fifteen (15) minutes, for removing vehicles which are off the street right -of —way, 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. Even though the vehicle is within the street right -of -way, an additional charge may be made if the vehicle is located in some unusual condition within the right -of -way, such as, but not limited to, a river or a creek bed or a ditch of greater depth than the ordinary bar ditch. Extra work shall only be allowed when authorized by a police officer at the scene of the pull. The charges for such extra work shall be approved by the Technical Services Coordinator. Extra work excludes travel time, waiting time and clean -up time. d) Use of a Dolly: No additional fees shall be charged for the use of a dolly. 2. Heavy Duty (Tandem Axle) Tow Service: a) Towage: A charge of $120.00 for towing such vehicle from one point on a street to another location within the incorporated limits of the city as directed by the police department at the place where the tow originated; such charge includes one hour of extra work, beginning upon arrival at the scene. b) Second Tow Truck: In the event the police officer at the scene determines that a second tow truck is required, a charge of $120.00 per hour, with a minimum charge of one hour, billed in increments of fifteen (15) minutes while at the scene of the police pull. The use of the second tow truck shall be approved by a police supervisor. Travel time is excluded. c) Extra Work: An additional charge of $20.00 per hour, with a minimum charge of one hour, billed in increments of fifteen (15) minutes, for removing vehicles which are off the street right -of —way, 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. Even though the vehicle is within the street right -of -way, an additional charge may be made if the vehicle is located in some unusual condition within the right -of -way, such as, but not limited to, a river or a creek bed or a ditch of greater depth than the ordinary bar ditch. Extra work shall only be allowed when authorized by a police officer at the scene of the pull. The charges for such extra work shall be reviewed by the Technical Services Coordinator. Extra work excludes travel time, waiting time and clean -up time. d) Use of a Dolly: No additional fees shall be charged for the use of a dolly. 3. Extra equipment: If the contract holder is required to rent or lease a piece of equipment which is not required in the normal operation of a wrecker business, the actual cost for lease or rental of such equipment may be passed on to the vehicle owner. 4. Handling Hazardous Materials: a) When the cargo of any motor vehicle or trailer includes explosive, nuclear, radioactive, hazardous or corrosive materials, as defined by the Environmental Protection Agency, Texas Department of Transportation, or the Texas Commission on Environmental Quality, a fee equal to one hundred -fifty (150) percent of the charges which may be assessed pursuant to subparagraphs 1 a) and 2 a) above. In addition, a charge may be made for expenses incurred related to protective clothing and any other supplies or equipment used in handling such materials, such charge being equal to the actual amounts incurred plus fifteen (15 %) percent. b) Air Cushions: 1. Regular cushions — a charge of One Hundred Dollars ($100.00) per hour per cushion, with a minimum charge of one hour. After the first hour, billing shall be in increments of fifteen (15) minutes. 2. Tanker cushions — a charge of Two Hundred Dollars ($200.00) per hour per cushion. After the first hour, billing shall be in increments of fifteen (15) minutes. 3. Prior approval by a police supervisor at the scene of a police pull is required for the use of air cushions. 4. 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 Company that City will contact Company for any towing services contemplated by this contract. 5. Out of Town Mileage: In the event a rotation service is required to travel more than five (5) miles outside the city limits to either pick up or deliver a vehicle as requested by authorized personnel, the wrecker business may charge up to, in addition to towing fee (travel time is excluded): a) Light Duty: $1.00 per mile, beginning and ending at the city limits. b) Heavy Duty: $2.50 per mile, beginning and ending at the city limits. c) If the pick up or delivery of the vehicle is five (5) miles or less from the city limits, this charge does not apply. B. Invoicing and Payment Company shall invoice City once per month. Company 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 include copies of the wrecker selection form signed by the officer at the scene of the police pull. Such invoice shall be subject to the review and approval of appropriate City personnel. City shall remit payment to Company not more than thirty (30) days following approval of invoice. 4. VEHICLE AND EQUIPMENT REQUIREMENTS Company shall maintain at all times the following vehicles and equipment in working condition: A. Wreckers: 1. Light Duty: Minimum of three (3) wreckers which are at least 14,500 pounds gross vehicle weight (GVW) and one (1) of which is at least 10,000 pounds GVW. At least two (2) of the wreckers must be of the tilt bed -roll back type of wheel lift wreckers. Should the other wrecker have a boom, it shall be rated at not less than 8,000 pound lift capacity and a wheel lift device rated at not less than 2,500 pounds. 2. Heavy Duty: Minimum of one (1) tandem axle (heavy duty) wrecker rated at not less than 34,000 gross vehicle weight (GVW), equipped with the minimum of a 12,000 pound wheel lift under reach; a minimum of two (2) 20,000 pound winches; and a boom rated at not less than 25 ton lift capacity. B. Equipment: At a minimum, all wreckers shall be equipped with the following equipment, which at all times shall be maintained in working order: 1. Wrecking Bar 2. Towing lights 3. Emergency overhead warning lights 4. Safety chain 5. Fire Extinguisher (A.B.0 Type) 6. Broom 7. Shovel 8. Reflectors or traffic cones 9. Trash container 1 D. Two -way voice or computer communication between tow truck and company dispatcher 11. Backing warning signal 12. Wheel chocks C. Markings: Each tow truck shall have permanently inscribed on each side of the vehicle, in letters of not less than three (3) inches in height, the name, address and telephone number of the company. Magnetic or other forms of removable signs are prohibited. D. Inspections: Each tow truck and the required equipment shall be inspected by the Chief of Police or his authorized designee prior to being used for services contemplated by this contract. In addition, each tow truck and the required equipment shall be subject to intermittent inspection to assure compliance with this contract. 5. INSURANCE REQUIREMENTS Company shall maintain insurance from Insurers acceptable to City of the following types and amounts: 1. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate or Garage Liability $1,000,000 each accident, other than auto $1,000,000 aggregate 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 Company's operating permit. 3. Cargo /On -Hook $30,000 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. a. Garagekeeper's Liability $30,000 per unit b. Worker's Compensation /Accident Insurance Coverage shall meet the minimum requirements of state law as contained in the Motor Carrier Rules and Regulations. c. Current insurance certificates shall remain on file with the City during the term of this contract. Insurance coverage may, at the sole discretion of the City, be revised upward upon thirty (30) days prior written notice to Company. Policies shall be endorsed as follows: • To provide the City with a minimum of thirty (30) days notice of cancellation, non - payment of premium, or non - renewal; • To cover the City as an additional insured on liability insurance policies, except for employer's liability; and • To include a waiver of subrogation in favor of the City. d. In the event a state or federal law, rule or regulation pertaining to wrecker service companies operating within the State of Texas exceeds the 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. DUTIES AND RESPONSIBILITIES OF COMPANY Company, during the term of this contract, shall perform the following duties and have the following responsibilities: 1. Maintain a currently licensed vehicle storage facility located within the corporate limits of the city. "Vehicle storage facility" shall mean a facility operated by a person licensed under Occupations Code, Section 2303. 2. Maintain business operation twenty -four (24) hours a day, seven days per week. 3. Company shall have direct communications with responding wrecker. The use of two -way radio communications with the Police Communications Center is authorized. 4. Respond to all calls contemplated by this contract within thirty (30) minutes of notification, except in extraordinary situations where delay is caused by ice, snow or other weather related conditions. In the event Company fails to respond as required, City may notify another wrecker company and Company shall not be entitled to the compensation to which it would have been entitled had it arrived timely. 5. Notify the City of any change of ownership, president or chief executive officer, or change of address within five (5) business days of any such change. 6. Deliver the motor vehicle being towed to the location within the corporate limits of City designated by the police officer at the scene of the pull. Delivery shall be made without delay or detour. 7. Fully cooperate with any investigation conducted by the City regarding complaints against Company, whether or not such complaints arise out of services contemplated by this contract. 8. Shall not become delinquent in the payment of any taxes due the City. 9. Shall not go to any accident scene unless the Company has been called to the scene by the owner or operator of a vehicle or an authorized representative of same, or by the City. 10. Shall not solicit any wrecker business within the corporate Bimits of the 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. 11. Shall only employ drivers of tow trucks authorized to operate same. 12. Provide Impound personnel with an invoice at the time the vehicle is delivered to the location directed by the police officer on the scene together with the signed wrecker selection form to be provided. 7. TERMINATION AND SUSPENSION A. This contract may be terminated or suspended by City for any of the following causes: 1. Violation of any term and /or condition specified in this contract. 2. Failure to notify the Communications Center of the Police Department within fifteen (15) minutes from the time of notification if the Company will be unable to respond within the thirty (30) minutes allotted for a response to a call for wrecker service. 3. "Dropping" a motor vehicle at a location other than designated by the police officer and without prior approval from Impound Coordinator, Technical Services Coordinator, Police Majors or Chief of Police. 4. Permitting a tow truck to be operated by anyone while under the influence of alcohol and /or drugs. 5. Permitting a tow truck to be operated by anyone whose operator's license is suspended. 6. Transferring or assigning any call for service to any other company. 7. Any sustained complaint of theft by personnel of Company while acting in their capacity as employees of Company, whether occurring during a police pull or otherwise. 8. Any sustained complaint of threats made by personnel of Company while acting in their capacity as employees of Company made against third parties during a police pull or otherwise. 9. Failing to comply with all directions of police personnel at the scene of a police pull or employee of Impound facility. Company may request a police supervisor to validate any such direction given. 10.Three (3) passes within a twelve -month period. "Pass" in this paragraph shall mean Company failing to notify the City of its inability to respond to a request for service as required by paragraph 2 above. 11. Failure to comply with any state or federal law or city ordinance related to the operation of a wrecker company. B. City shall notify Company in writing of its intent to terminate or suspend for cause twenty (20) days prior to such suspension or termination. Procedures as outlined in the City of Wichita Falls Ordinance, Chapter 26 Article VIII — Wrecker Businesses, shall be followed. C. In the event this contract is suspended for cause, the suspension shall be for a period of time of not less than six (6) months nor more than twelve (12) months. D. In the event City suspends or terminates this contract for cause, and the cause for such suspension or termination is determined to be invalid, Company's sole remedy shall be reinstatement of this contract. Company expressly waives any and all rights to monetary damages, including but not limited to actual and punitive damages, court: costs and attorney's fees. 8. INDEMNIFICATION With regard to any liability which might arise hereunder, City and Company agree that they shall be solely and exclusively liable for the negligence of their individual 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 their individual agents, servants, subcontractors or employees. Nothing contained herein shall be construed to be a waiver by City of any right of protection that it enjoys under applicable state or federal law. 9. ASSIGNMENT Company shall not assign, transfer or sublet this contract or any portion thereof to any party without the prior written consent of the City which shall not be unreasonably withheld. Any such assignment, transfer or subletting of this contract without the consent of the City shall be void and shall operate as a termination hereof. 10. WRECKER ROTATION LI City shall create a rotation list that will dictate the order in which wrecker companies are contacted. 11. INDEPENDENT CONTRACTOR It is understood and agreed by the parties hereto that Company shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. Company 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 Company, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondent superior shall not apply as between the City and Company, 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. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the -- day of , 20.