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HomeMy WebLinkAboutResolution - 2001-R0276 - Contract For Wrecker Services - Lubbock Wrecker Service Of Lubbock - 06/26/2001Resolution No. 2001-RO276 June 26, 2001 Item No. 44 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for wrecker services, between the City of Lubbock and Lubbock Wrecker Service of Lubbock, TX., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 26th day of June , 2001. ATTEST: 1 Rebecca Garza City Secretary APPROVED AS TO CONTENT: Victor Kilman Purchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney Dh/CcdocsiWrecker Services.res June 11. 2001 WRECKER SERVICES CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This Contract is entered into by and between the called "City," and Lubbock Wrecker Service, Inc., herein 5th day of August , 2001, upon the following expressed herein. Resolution No. 2001-RO276 June 26, 2001 Item No. 44 City of Lubbock, herein called "Contractor," this terms and conditions as WHEREAS, the City desires to provide safe dependable vehicle towing and storage services for all occasions in which the City must arrange for the towing of vehicles, either owned by the City or for members of the public; and WHEREAS, the City has negotiated with the Contractor and the governing body of the City believes it would be in the best interest and safety of the citizens of the City to enter this agreement with the Contractor; NOW THEREFORE: THAT for and in consideration of the amount of ONE HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($120,000.00), payment of which amount shall be made to the City in accordance with the conditions and covenants hereinafter set forth, the parties hereto agree as follows: WITNESSETH: DEFINITIONS. For purposes of this Contract, the following words, terms and phrases shall have the following meanings: a) "Abandoned vehicle" means a vehicle that meets the legal criteria, as determined by the Chief of Police, to be declared an abandoned vehicle under the state and local laws and regulations regarding abandoned vehicles. b) "Junked vehicle" means a vehicle that meets the legal criteria, as determined by the City's Zoning Board of Adjustment, to be declared a junked vehicle under the state and local Laws and regulations regarding junked vehicles. C) "Impounded vehicle" means a vehicle whose driver has been arrested, an illegally parked vehicle, a vehicle that is a traffic hazard, or a vehicle that is taken into custody during the investigation of a crime. Wrecker Services Page 1 d) "Accident disabled vehicle" means a vehicle damaged as a result of an accident which is incapable of safe or legal operation and is required by a law enforcement officer to be removed from public or private property. e) "Mechanically disabled vehicle," means a vehicle which is inoperable due to equipment failure and which must be removed from public right-of-way at the request of the Chief of Police. f) "Chief of Police" means the Chief of Police of the City or his designated representative. 2. COMPLIANCE WITH LAWS. Contractor agrees to and shall comply with all applicable federal, state and local laws in the performance of his duties under this Contract. 3. AMENDMENT. This Contract may not be amended except by mutual agreement of the parties hereto expressed in writing. 4. WAIVER. The exercise of any remedy provided for by this Contract does not waive or exclude any other remedy available to a party at law. 5. ASSIGNMENT/SUBLETTING. Except as herein authorized, it is understood and agreed that the Contractor shall not assign, sublet or transfer any of the Contractor's rights or duties under this Contract without the express written approval of the Chief of Police. 6. SEVERABILITY. In the event that any provision of this Contract shall be determined to be illegal or unenforceable for any reason, the remainder of this Contract shall remain in full force and effect as if said illegal or unenforceable provision were not contained in the Contract; provided, however, that if severance of the illegal or unenforceable provision materially alters the obligations of the Contractor under this Contract, the City may, at its option, terminate this Contract by providing written notice to the Contractor. 7. PERFORMANCE BOND. At the time of execution of this Contract, Contractor shall provide the City with a performance bond in the amount of Twenty Thousand Dollars ($20,000.00) guaranteeing the good and faithful performance of this Contract. Legal action to collect such bond shall not preclude the City from exercising any other legal remedy that it may have to make itself whole. 8. INDEMNIFICATION. The Contractor shall indemnify and hold the City, its officers and employees harmless from any and all claims for Wrecker Services Page 2 damages or other liability of any nature whatsoever arising from performance of this Contract by the Contractor. 9. INSURANCE. The Contractor shall procure and maintain in force at all times during the term of this Contract policies of insurance in at least the minimum amounts required by the laws of the State of Texas and by this Contract, and all such policies of insurance shall name the City as an additional insured. The Contractor shall furnish the Chief of Police with a certificate of insurance at the time of execution of this Contract certifying that such insurance in the proper amounts is in effect and that the term of such policies is concurrent with the term of this Contract. Each such policy shall contain a provision that the policy shall not be canceled, altered or amended without thirty (30) days prior written notice to the City. 10.TERMINATION. The failure of the Contractor to comply with any provision of this Contract shall constitute an event of default. The Contractor shall cure any default not later than five (5) calendar days following notice of default from the Chief of Police. In the event that the Contractor fails to cure the default within the stated period, the City may terminate this Contract by delivering written notice of termination, which will become effective upon such date as is set forth therein, but in no case earlier than seventy-two (72) hours after delivery of the notice of termination to the Contractor. Notwithstanding the foregoing, the City shall also have the right at any time to terminate this Contract without cause upon thirty (30) days written notice to the Contractor. The Contractor shall be entitled to compensation only for services actually performed prior to termination. 11. CONTRACTOR'S RECORDS AND REPORTS. The Contractor will maintain a complete and updated record file of all vehicles towed pursuant to this Contract. The Chief of Police may audit all records and conduct inventories, inspections, and other assessments of vehicles, facilities and records at any time. The Contractor further agrees to give full cooperation to the Chief of Police and to provide such information as may be required by him. Furthermore, the Contractor will be responsible for any additional documentation and reports as may be required by the Chief of Police from time to time during the term of this agreement. However, the Contractor shall not collect or disseminate information determined by the Chief of Police as unnecessary for the performance of this Contract. Failure to allow inspection or audit, submit reports or records, falsification of records or reports, or the collection of or dissemination of information not necessary for the performance of this Contract, shall be grounds for termination of this Contract. The Contractor shall retain and maintain all business records relating to his Contract not less than three (3) years. Wrecker Services Page 3 12. REQUIREMENTS FOR EMPLOYEES. The Contractor hereby authorizes the Chief of Police to conduct a background investigation, including a criminal history check, to determine the suitability of Contractor and Contractor's employees to perform services under this Contract. Pursuant to this requirement, the Contractor and each of his employees who perform such duties or services shall, upon execution of this Contract, execute a background investigation release on forms provided by the Chief of Police. The Chief of Police may require the Contractor and/or the Contractor's employees to be fingerprinted and provide information sufficient to conduct a complete background investigation. The Contractor hereby agrees that any employee who will not submit the required information and release will not be used to perform any duty or service whatsoever under this Contract. The Contractor agrees to provide the above release and information on any new employee within ten (10) calendar days after hiring such new employee. The Contractor agrees to honor all requests of the Chief of Police that a particular employee not be assigned duties under this Contract. 13. PROFESSIONAL APPEARANCE. The Contractor agrees that all contacts with the public shall be handled in a courteous and professional manner and that the Contractor and his employees shall maintain a neat appearance at all times. Employees of the Contractor shall wear a uniform, in good repair, which identifies them as employees of the Contractor. The uniform to be used must be approved by the Chief of Police. 14.CONTRACTOR'S FACILITIESMOURS OF OPERATION. The Contractor shall provide adequate office space and storage facilities within one mile of the city limits for storage of towed vehicles, which vehicles shall be secured against theft and vandalism. The Contractor shall be responsible for all vehicles and their contents while they are under his custody and control. The Contractor shall pay any claims from vehicle owners of theft or vandalism within ten (10) days or else advise the individuals who assert that their vehicles or the contents contained therein have been stolen or vandalized that they may file a written claim with the Chief of Police for damages if the amount claimed does not exceed $1,000. The Contractor shall also post a conspicuous notice on the premises of his storage facilities that vehicle owners have this right. Upon receipt of a claim not exceeding $1,000, the Chief of Police shall appoint three (3) residents of Lubbock County, Texas, to investigate such claim. No more than one of these appointees shall be a law enforcement officer. If they desire, the appointees may conduct a hearing to determine the validity Wrecker Services Page 4 of the claim. At such hearing, the vehicle owner will prevail if he proves to the satisfaction of a majority of the individuals conducting the hearing that the theft of vandalism occurred while his vehicle was in the Contractor's custody. The vehicle owner need not prove that the Contractor was negligent in allowing the theft or vandalism to occur. The individuals conducting the hearing, in their discretion, may reduce the amount of a claim awarded. The decision of the individuals conducting the hearing shall be final, and both the Contractor and vehicle owner must agree in writing prior to commencement of the hearing that they will abide by such decision. The Contractor shall not permit alcoholic beverages to be possessed or consumed by any person at the Contractor's storage facilities any time. The Contractor shall confine guard dogs and any other animals at the storage facilities in such a manner that they are not in view and do not have access to customers or City representatives conducting business at such facilities during hours in which Contractor is open for business. The Contractor shall be able to provide proof of current rabies vaccinations for all animals on the premises. The Contractor shall not knowingly allow unauthorized persons to enter the impound area of the storage facilities. The Contractor shall provide reasonable accommodations of the owners of vehicles and to authorized agents of the owners, which shall include a clean, furnished, public waiting area inside the office area of the facilities. Also, reasonable access to the vehicles shall be provided to owners and to authorized agents of the owners. The Contractor shall be required to have an attendant available at the storage facilities for the release of vehicles from 8 a.m. until 11 p.m. Monday through Saturday each week and from 8 a.m. until 5 p.m. on Sunday. The Contractor shall be required to have an attendant available to come to the facilities for vehicle releases within one (1) hour of notification at all other times. The Contractor shall be responsible for the upkeep, maintenance and cleanliness of the facilities, including removal of debris and garbage. Grass and weeds on the premises will be kept trimmed to less than six (6) inches in height. Contractor shall immediately clean the premises and effect any repairs to the same when requested by the Chief of Police. The Contractor shall provide all necessary office equipment and furniture and shall provide and be responsible for all utilities, including telephone, water and electric service. A clean and sanitary restroom shall be maintained for customers conducting business at the facilities. Wrecker Services Page 5 The Contractor's storage facilities must provide a minimum of 200 spaces for vehicles stored pursuant to this Contract. In addition, the Contractor shall provide additional 75 spaces separate and apart from the other required spaces for the purpose of storing and auctioning abandoned vehicles. Spaces shall be large enough to allow vehicles to be stored at least three (3) feet apart and arranged to accommodate safe and prompt removal upon request. Should the Contractor's storage facilities be filled to capacity, the Contractor hereby agrees to move vehicles not being stored pursuant to this Contract to other locations. 15. SERVICES TO BE PERFORMED BY THE CONTRACTOR. The Contractor shall tow and store all vehicles designated by the Chief of Police in a safe and secure manner so as to avoid damage to the vehicles or danger to any motorists, pedestrians or Contractor's employees. The Contractor shall respond to all tow requests from the Chief of Police within (30) minutes of receiving such requests unless otherwise specified in this agreement. The Contractor agrees to stand ready to ably, professionally and promptly respond to any and all tow requests made by the Chief of Police regardless of the time of such requests or the number of such requests. The Chief of Police reserves the right to use tow trucks owned by other towing services should the Contractor be unable or unwilling to respond to a tow request by the Chief of Police in a timely manner. Should it be necessary for the Chief of Police to utilize another towing service for any reason other than severe weather, disaster or some other reason beyond the reasonable control of the Contractor, the Chief of Police may instruct such other towing service to tow and deliver the vehicle to the Contractor's storage facilities. Upon completion of delivery, the Contractor shall immediately pay the other towing service's customary charges for the services performed, take possession of the vehicle, and perform all obligations in regard thereto as though the Contractor had made the tow. The Contractor hereby agrees to make his storage facilities available at all times to any substitute towing service utilized by the Chief of Police pursuant to the terms of this section. In responding to tow requests from the Chief of Police, the Contractor shall use authorized vehicles and equipment which he owns or leases unless such vehicles and equipment are not available for use. In such event, the Contractor may then use authorized vehicles and equipment from other towing services pursuant to agreements he may have with such other services, provided the vehicles and equipment comply with all state, federal and local laws, rules and regulations necessary to perform such tows and the requirements of this Agreement. Wrecker Services Page 6 Neither the City nor the owner of a towed vehicle shall be required to pay any additional fees or charges when the Contractor utilizes another towing service, and the Contractor shall pay such other service not less than seventy-five percent (75%) of the towing and equipment charges required by this agreement. Furthermore, the Contractor shall ensure that all other towing services whose vehicles and equipment are utilized by the Contractor under this section comply with the following requirements: a) Every tow truck which is utilized for the benefit of the Contractor shall contain magnetic or other signs on each side of the vehicle approved by the Chief of Police and which legibly identifies the Contractor, his phone number and that the tow is being performed for him. b) Every vehicle towed by another towing service shall be delivered to the Contractor's storage facility unless otherwise designated by the vehicle owner or Chief of Police. c) Before a tow is performed by another towing service on behalf of the Contractor, the operator of the tow truck must provide written notice to the owner of the towed vehicle and a law enforcement officer, if present, of the Contractor's name, storage facility address and telephone number. d) The Chief of Police must receive advance notice that a tow will be performed by a towing service other than the Contractor. The Contractor acknowledges that the owner or person in lawful possession of any vehicle which has been damaged or incapacitated shall have the right to call the towing service of his or her choice unless a law enforcement officer on the scene directs the Contractor to town the vehicle because of public safety or time -of -response concerns. Further, the owner or person lawfully in charge of the vehicle at the place of accident or place of incapacity shall be given the opportunity to have the vehicle towed to a location other than the Contractor's storage facilities. The Contractor shall provide for towing and storage of vehicles and trailers removed from public or private property at the request of the Chief of Police at a rate not greater than the applicable rates specified in this Contract. Wrecker Services Page 7 The Contractor agrees that neither he nor his employees shall solicit personal business from the owners of vehicles stored at the Contractor's facilities. The Contractor is prohibited from selling or storing parts, dismantling vehicles, or performing any work on private vehicles at his storage facilities. However, storing parts for and doing repair work on vehicles used for towing in furtherance of the provisions of the Contract shall be permitted. The Contractor shall immediately notify the Chief of Police of any unclaimed property removed from any vehicle at the time of its release from the storage facilities, and the Contractor shall immediately notify the Chief of Police if the Contractor believes that a vehicle contains stolen property. The Contractor shall maintain in good operating conditions at all times during the term of this Contract a service fleet of at least eight (8) Class I wreckers, as that term is defined in the City Code of Ordinances, with at least one (1) being of the rollback type. The remaining tow trucks must be designed to tow a vehicle without placing stress on the body or frame of the towed vehicle. Sling -type towing devices shall not be used. The Contractor agrees to tow all vehicles in accordance with the manufacturer's recommendation for the particular make and model. All tow trucks shall be in compliance with all applicable laws and ordinances at all times. Notwithstanding the foregoing paragraphs in this section, the Contractor shall not be required under this Agreement to tow or store any vehicle which requires a Class II tow truck, as that term is defined in the City Code of Ordinances. 16. ABANDONED VEHICLES. The Contractor shall remove, preserve and store any and all abandoned vehicles upon written request of the Chief of Police. Such vehicles shall be removed by the Contractor within forty- eight (48) hours after the Contractor receives the written request for removal, preservation and storage. The Contractor shall not remove an abandoned vehicle from the storage facilities, return such vehicle to its owner, or in any way settle charges or claims with a vehicle owner without prior written consent of the Chief of Police. The Contractor shall make his storage facilities available a minimum of one (1) Saturday each month for an abandoned vehicle auction to be conducted by the Lubbock Police Department. The Contractor will Wrecker Services Page 8 honor all reasonable requests by the Chief of Police intended to ensure that such auctions are conducted in the fairest possible manner. The Chief of Police alone shall determine the exact order in which abandoned motor vehicles will be auctioned. Contractor agrees, without additional charges, to position abandoned vehicles as directed by the Chief of Police to facilitate the auction. The Contractor shall not be entitled to receive any money from the sale at auction of any vehicles removed, preserved or stored pursuant to this Contract, except this restriction shall not apply to vehicles deemed abandoned by law because they were left for more than ten (10) days in the Contractor's storage facilities after proper notice was given, or to motor vehicles stored pursuant to contracts for storage entered into between a vehicle's owner and the Contractor. The Contractor herein agrees to dispose of all vehicles removed and stored pursuant to this Contract and still on hand at the expiration of this Contract in accordance with the Chief of Police's instructions at no additional cost to the City or to the owners or operators of such vehicles. 17. JUNKED VEHICLES. The Contractor agrees to pick up junked vehicles at the request of the City's Environmental Inspection Services Department within 48 hours of notification. Adequate space at the Contractor's storage facilities for the storage and disposal of junked vehicles will be maintained. Notice shall be given by the Contractor on behalf of the City to the Texas Highway Department within five (5) days after removal of a junked vehicle which identifies the vehicle or any portion of the vehicle removed. All applicable state laws, municipal ordinances and Environmental Inspection Service's policies regulating junked vehicles shall be observed by the Contractor. The Contractor shall not return such junk vehicle to its owner, or in any way settle. Charges or claims with a vehicle owner without prior written consent of the Environmental Inspection Services Manager or his designee. Contractor shall not remove any parts from junked vehicles. However, in addition to the fee for junked vehicles payable by the City, Contractor may retain any compensation paid for such vehicles by any company or individual, which demolishes the vehicles. 18. PAYMENTS TO THE CITY. For as long as this agreement remains in effect, Contractor agrees to annually pay the City the amount of ONE HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($120,000.00) as follows: Wrecker Services Page 9 The Contractor shall pay the City in twelve (12) equal monthly installments. The first installment shall be paid on the first day of the month after execution of this Contract and each subsequent payment shall be due upon the same day of each succeeding month. Any amounts owed to the Contractor by the City under this Contract shall first be deducted from the monthly installment due. In the event that the City owes the Contractor more than the monthly installment due, the Contractor may bill the City pursuant to the terms of this Contract. Failure of the Contractor to pay any installment at the specified time shall be deemed a breach of this Contract and the remaining installments shall immediately become due. The Contractor agrees that no payments shall be returned to the Contractor in the event of his default. 19. CONTRACT TERM. The term of this Contract shall be for a period of one (1) year from the date of execution. The city shall have the right and option to extend the term for four (4) additional one-year periods under the same terms and conditions herein described and for the same bid amount from the Contractor each such additional year. Notice of the City's desire to extend the Contract shall be given in writing not less than sixty (60) days prior to the end of the term or extension. This Contract shall automatically terminate if the amount owed by the City to the Contractor exceeds SEVENTY-SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($77,500.00) for the Contract term. 20. NOTICES. Notices will be writing by certified mail or hand delivered to a person authorized to receive notices by each party. 21. BILLING PROCEDURES. The Chief of Police shall have the right to cancel a request for towing services until such time as Contractor's tow truck has lifted the vehicle, and there shall be no charge made to the City or the owner/operator of the vehicle when a request is cancelled. In the event that an owner/driver of a vehicle arrives at the location of the vehicle after it has been lifted by Contractor's tow truck, the owner/driver shall be permitted to pay the operator of the tow truck the towing fee permitted by this Contract and receive custody of the vehicle. Should the owner/driver by unable or unwilling to pay the towing fee, the vehicle shall be towed to the Contractor's storage facilities. The Contractor may charge waiting time after the first hour that a tow truck spends at the location of a towing assignment, provided that the Contractor has remained available to commence the tow during that entire time period. Wrecker Services Page 10 No charges, fees or costs other than those specified in the Contractor's bid and in this Contract may be charged for towing services requested by the Chief of Police. The Contractor will bill the City for services performed in connection with vehicles owned or leased by the City at the same rates as are provided herein for such services on a monthly basis. Any vehicle towed or stored pursuant to this Contract will be released without towing or storage fees upon written authorization from the Chief of Police. THE PARTIES AGREE THAT THE CITY SHALL HAVE NO OBLIGATION TO THE CONTRACTOR FOR CHARGES INCURRED IN CONNECTION WITH WRECKER SERVICES FOR VEHICLES TOWED AT THE CITY'S REQUEST OTHER THAN: (1) VEHICLES OWNED OR LEASED BY THE CITY; (2) ABANDONED VEHICLES; AND (3) JUNKED VEHICLES. THE CONTRACTOR MUST SEEK PAYMENT FOR ANY TOWS OR TOWING SERVICES NOT SPECIFICALLY DESCRIBED IN THIS PARAGRAPH SOLELY FROM THE OWNER OR PERSON RESPONSIBLE FOR EACH SUCH VEHICLE. All invoices for towing City -owned or leased vehicles shall be consecutively numbered and sent to a person or persons designated by the Chief of Police to receive such invoices. The Contractor will give a detailed receipt containing an itemized listing of all charges to persons whose vehicles are towed. 22. CHARGES BY CONTRACTOR. The Contractor agrees that the following charges will be the maximum charged for services performed pursuant to this Contract: a) Impounded vehicles and accident disabled vehicles: 1) Towing Charge $70.00 per accident disabled vehicle $50.00 per impounded vehicle 2) Dollies $15.00 per vehicle* 3) Supplemental charges One-half of the actual towing charge** 4) Preservation fee $10.00 (unless Texas law requires a different amount) 5) Notification fee $25.00 one-time fee (unless Texas law requires a different amount) *** 6) Storage fees $7.50 per day 7) After hours release $30.00 per vehicle (unless prohibited by Texas law)**** Wrecker Services Page 11 To charge a dolly fee, the vehicle must be removed from the location where it was impounded or disabled on dollies. ** Beginning one (1) hour after his arrival at the scene of a tow, Contractor may assess such charges for each thirty (30) minute interval that he is required to remain at the scene in order to safely and properly discharge his obligations under this Agreement. However, supplemental charges may not be assessed if delay in towing a vehicle is due to time expended by the Contractor preparing to tow other vehicles. *** A letter fee may not be charged until after forty-eight (48) hours from the time of the tow. **** Applies to released at all hours when an attendant is not required to be on the premises of the Contractor's storage facilities. b) Abandoned vehicles $30.00 per vehicle total fee c) Junked vehicles $20.00 per vehicle total fee ($30.00 if Contractor is required to make more than one visit/call-out) d) City vehicles $30.00 per vehicle total fee e) Mechanically disabled $40.00 per vehicle/$7.50 per day vehicles storage All loss or damage sustained by the Contractor and arising out of the nature of the work to be performed under this Contract, or from unforeseen circumstances, unusual obstructions or difficulties which may be encountered in the prosecution of such work, shall be borne by the Contractor at his own cost and expense. 23. FUEL SURCHARGE. During the term of this Contract, the Contractor may add a Fuel Surcharge described herein. The Fuel Surcharge will be calculated using the daily Transport Load Pricing - Unleaded Fuel Rack Price (hereinafter referred to as "Rack Price") as furnished to the City and the Contractor by the City's contracted fuel supplier on the last business day prior to the date of service. No Fuel Surcharge shall be added when said Rack Price is one dollar and twenty-four cents ($1.24) or less. The Contractor may add a Fuel Surcharge of one dollar and fifty cents ($1.50) for each twenty-five cent ($0.25) increase in the Rack Price over one dollar ($1.00). Such Fuel Surcharge may be added to the towing charge for impounded vehicles and accident disabled vehicles only. For example, if the Contractor tows an accident disabled vehicle on Monday, July 23, 2001 and if the Rack Price on Friday, July 20, 2001 is $1.25, then the Contractor may invoice a Towing Charge of $71.50. 24. This Contract shall be governed by the laws of the State of Texas and it is performable entirely within the boundaries of Lubbock County, Texas. Wrecker Services Page 12 THIS Contract is executed at Lubbock, Texas, on this 5th day of August 22001. CONTRACTOR: LUBBOCK WRECKER SERVICE, INC. Doris King President Dh/billdehaas/Wrecker Services Contract June 11, 2001 CITY OF LUBBOCK, TEXAS WINDY .G VAYOR ATTEST: Rebecca Garza City Secretary APPROVED AS TO CONTENT: .d' d� i/Xen Walker Chief of Police APPROVED AS TO FORM: William de Haas Contract Manager/Attorney Wrecker Services Page 13