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Item 5F ContractCity of Southlake, Texas MEMORANDUM March 30, 2005 TO: Shana Yelverton, Acting City Manager FROM: Rick Black, Director of Public Safety (Ext. 242 1) SUBJECT: Authorize the Mayor to enter into a contract with Euless B &B Wrecker Service for provision of police pulls and for removal of vehicles from City streets and highways as a result of accident or mechanical disability, or when requested by the Department of Public Safety. Action Requested: The current Wrecker Contract with Euless B &B Wrecker Service expired in November of 2004. Council is requested to authorize the Mayor to enter into a contract with Euless B &B Wrecker Service to continue to provide needed wrecker services within the City of Southlake. Background Information: City Ordinance 578A regulating wrecker service within Southlake was enacted in 2003. The current Wrecker Contract with B &B Wrecker of Euless expired after its five year term in November 2004. This contract provides for a one year term with automatic renewal for five consecutive years, unless notice to terminate is given. B &B has provided this City with exceptional service over the past five years and has full capabilities for heavy duty vehicle removal and recovery and cleanup of major incidents on our highways. Their storage location is nearby and does not pose an undue hardship on individuals needing to recover their vehicles. Financial Considerations: There are no additional costs to the City. Financial Impact: Vehicle accident tows are the responsibility of the vehicle owner and prisoner vehicle tows are the responsibility of the prisoner. Sufficient funds are budgeted annually for police pulls as a result of police activity. Citizen Input/ Board Review: Legal Review: Alternatives: No citizen input has been received. Not subject to any Board review. This contract has been reviewed and approved by City Attorney Tim Sralla. Continued reliance upon service without a formal contract. Shana Yelverton March 30, 2005 Page 2 Supporting Documents: Proposed contract with Euless B &B Wrecker Service Wrecker Fee Comparison by City Wrecker Fee Comparison by Company Staff Recommendation: Place the proposed contract on the April 5, 2005 City Council meeting agenda for approval. 10 8 . CITY OF SOUTHLAKE WRECKER CONTRACT STATE OF TEXAS & WITNESSETH: COUNTY OF TARRANT This agreement is entered into by and between the City of Southlake, Texas, a home Wile municipal corporation located in Tarrant County, Texas, hereinafter called "City," acting by and through its duly authorized City Manager, and Euless B &B Wrecker Seivice hereinafter called "Operator" acting by and through its duly° authorized Owner, Mr. Andy Chesney. WHEREAS, The City of Southlake heretofore adopted Ordinance 578A providing for regulations applicable to wrecker and towing services within the City of Southlake; and WHEREAS, pursuant to Ordinance No. 578A the City Council deems it in the best interest of the citizens of Southlake to enter into a contract for the providing of wrecker seivices where needed pursuant to the exercise of the City's police or governmental powers. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: I. SCOPE The City hereby contracts with Operator for the providing of emergency and non- emergency wrecker seivice requested by the City through its Department of Public Safety. Operator agrees to provide wrecker service for accidents on public streets, arrests, disabled vehicle incidents or other pulls requested by the Department of Public Safety where authorized to do so. II. TERM This agreement shall be for a term of one (1) year commencing on March 2, 2005. This agreement shall automatically renew for additional one (1) year terms for a period of five (5) years from the date of commencement. III. PROVISION OF SERVICE During the term of this agreement and so long as Operator shall not be in default of any of its obligations hereunder. the City shall utilize Operator as principal wrecker service for police pulls except in situations where the Operator indicates at the time of the call, that the equipment, personnel, or storage facilities that cannot be provided by the Operator within the time allotted for response, provided that the Director of Public Safety, or his designee, in his sole discretion, may decide to use additional wrecker services in emergency situations.. IV. TWENTY -FOUR HOUR SERVICE; ASSIGNMENT Operator agrees to maintain wrecker service twenty -four (24) hours a day, seven (7) days a week. Operator shall conduct it operations in such a manner as to ensure a response time of twenty (20) minutes or less. No calls for wrecker service may be referred or subcontracted to any other wrecker service or operator except on prior written approval by the Director of Public Safety. This agreement may not be assigned, in whole or in part, without the prior written approval of the City, and any attempted assignment shall be void. In the event that Operator is unable to provide wrecker service as requested by the City, Operator shall immediately advise the Department of Public Safety in order that additional wrecker service may be procured. V. WRECKER REGISTRATION; EQUIPMENT Operator will obtain and maintain registration of all vehicles within operator's fleet used in performance of this agreement or used otherwise within the City of Southlake as required by Section 643 of the Transportation Code. Operator shall maintain at all times on all equipment used in performance of this agreement within the City of Southlake, the required equipment and lighting required by applicable law and governmental regulation. VI. MINIMUM FLEET REQUIREMENTS Operator agrees to provide the following equipment throughout the term of this agreement: A. Minimum of three regular duty rear tow wreckers, registered and equipped as required by law. B. Operator shall maintain in the operator's fleet, at least one trailer, tilt -bed vehicle, or other similar vehicle capable of handling the safe movement of motorcycles, large vehicle parts, and vehicles which are subject to damage from regular duty rear tow wrecker operation. C. Operator shall maintain in the operator's fleet at least one wrecker capable of towing a fully loaded tractor trailer or truck- tractor. D. Each vehicle utilized in performance of this agreement within the City of Southlake shall be equipped with an operable mobile telephone or two way radio. E. Operator shall maintain on each wrecker or equipment responding to accidents, a broom, shovel, and container, or other similar equipment suitable for the purpose of removing roadway debris resulting from the damage to the vehicles being towed. F. All vehicles and equipment shall be maintained in a good working condition, and if any required vehicle is disabled, Operator shall immediately provide a replacement vehicle. VII. MINIMUM PERSONNEL REQUIREMENTS Operator agrees to provide the following procedures regarding staffing for operations during the term of this agreement: A. Operator shall employ and maintain sufficient personnel and staffing to operate a minimum of three wrecker units at the same time during all hours of operation. B. Operator shall conduct a thorough background investigation, including a check of both driving record and criminal history of all personnel, and shall not assign to operations within the City at any time after any personnel who have been convicted of any crime of moral turpitude including burglary or theft, any felony, or a DWI or DUI, who have any history of addiction or abuse of alcohol, substance abuse, or reckless or negligent driving, or who otherwise demonstrate an indication that it would be unsafe for such employee to be allowed to continue to drive. C. To the extent legally permitted, Operator shall conduct drug testing of employees prior to hire or prior to the initiation of services under this agreement and as good cause arises, during the term of this agreement (including any renewals thereof), and no employee shall be assigned to operations within the City at any time after a positive results for any illegal drug. D. Operator shall ensure all field personnel performing services under this agreement receive training in highway incident command satisfactory to City prior to hiring or within 60 days after hiring. E. Operator shall insure all field personnel performing services under this agreement receive Towing and Recovery Association basic certification prior to hiring or within 60 days after hiring. F. Operator shall insure all field personnel performing services under this agreement maintain the appropriate state driver's license and insurance as required by law. VIII. STORAGE FACILITY MINIMUM REQUIREMENTS All vehicles removed pursuant to this agreement and stored prior to being claimed by the owner shall be taken to the Operator's storage facility located at 1201 W. Euless Boulevard, Euless, Texas, or to such other locations as approved by the City or as Operator and vehicle owner may agree. Operator agrees to provide the following storage facility assurances during the term of this agreement: A. Operator shall maintain its storage facility in compliance with all applicable laws, regulations, and ordinances and in a good condition and state of repair, without accumulation of vegetation, litter, trash, or debris. B. All vehicles and vehicle parts shall be stored and maintained in a neat and orderly condition and shall be secured from unlawful tampering or vandalism, including by a well - maintained fence a minimum of eight feet in height and designed to prevent unauthorized entry, tampering, or vandalism of stored vehicles, and other security devices and personnel as customarily utilized by the industry. C. Operator shall provide a minimum of two (2) secure, indoor storage spaces separate from the Operator's other storage areas for the storage of vehicles that must be secured from unlawful tampering and weather related damage for purposes of preserving evidence for use a trial. This secure storage shall be secured from access by any persons other than City law enforcement personnel. E. The storage facility shall be accessible twenty four (24) hours per day, seven (7) day a week for the recovery of vehicles by the City or an Owner. IX. FEES Unless otherwise agreed to in writing by the City, all fees charged by the Operator for services for towing and impoundment of vehicles shall be in accordance with Exhibit 1, attached and made part of this agreement for all purposes. Fees may be adjusted at the end of each contract period with concurrence of the Director of Public Safety but shall not exceed the average fees charged for the same type service rendered for police pulls in the cities of Dallas, Fort Worth, and Arlington. A. Upon payment of the fees established in Exhibit 1, the vehicle shall be released to the owner. No additional charges for call or service in the City shall be made unless agreed to in writing by the City. B. Operator agrees that the City is not responsible or liable to Operator for costs incurred by Operator in responding to calls when it is subsequently determined that vehicle removal is not needed. In this regard, the City agrees that it will exercise reasonable efforts to ascertain the necessity for wrecker service before calling Operator and will make reasonable efforts to keep Operator from making unnecessary calls. C. Operator shall provide removal, towing, and roadside services for City Department of Public Safety and City Administrative vehicles of less than one ton in size at the rate indicated in Exhibit 1. D. Operator agrees to provide storage to the City for vehicles which are forfeited to the City pursuant to state or federal forfeiture laws for the minimum storage fee allowed by state law and as indicated in Exhibit 1. In those cases where the vehicle is ordered returned to the owner, the minimum storage fee will be charged for the period of time from the date of the tow to the date custody is ordered returned to the owner. Regular storage fees after that date may accrue and may be collected from the owner E. Operator agrees that under no circumstances shall the City be liable for fees owed by a third party. 70 OPERATOR'S RESPONSIBILITIES Operator agrees that it shall comply with the following: A. Operator shall maintain in good standing, without any reduction in scope or authority, its certificates for operation issued by the Texas Department of Transportation and the United States Interstate Commerce Commission. B. Operator shall maintain its principal place of business at 1201 W. Euless Boulevard, Euless, Texas, or such other suitable location as may be agreed to in writing between the parties. C. Operator shall send all notices and file all forms required by law with respect to the storage or disposition of a motor vehicle that Operator removes under this agreement, whether the notice or form is required to be filed by Operator, by the City, or by applicable law or regulation. D. Operator shall keep all information required by this agreement updated and current. The City may request at any time to review said information, documents, records for compliance with this agreement. E. Operator shall maintain at least one telephone number which is answered twenty -four (24) hour a day, seven (7) day a week, which will be answered by the fourth ring on each call from the City requesting towing assistance. XI. PERFORMANCE, SUSPENSION, REVOCATION, AND APPEAL The Operator agrees to the following performance standards during the term of this agreement: A. Operator shall respond to each request for towing assistance when called by the City for such services and shall respond within the time required by Section IV above. B. Operator shall perform all actions required of this agreement for the term of the agreement. C. Upon arrival at the scene of any accident pursuant to this agreement, Operator shall promptly remove all debris resulting from vehicle accidents from the roadway and dispose of said debris in an appropriate manner. In doing so, Operator shall comply with all traffic laws and regulations and any direction of City law enforcement or other public safety officers, and shall exercise reasonable care in performing such work. D. Upon arrival at the scene of any accident pursuant to this agreement, Operator shall promptly cause the absorption and removal of vehicle fluids spilled on roadways in the amount of 10 gallons or less. In doing so, Operator shall comply with all traffic laws and regulations and any direction of City law enforcement or other public safety officers, and shall exercise reasonable care in performing such work. XII. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Operator shall operate under this agreement as an independent contractor and not as an agent, representative, servant or employee of the City; that Operator shall be solely responsible for the acts and omissions of its officers, agents, contractors, subcontractors, servants and employees; and that nothing in this agreement shall be construed as creating a partnership or joint enterprise between the City and Operator. XIII. INSURANCE Operator agrees to maintain in full force and effect and at its sole cost and expense, the following types and limits of insurance: A. Worker's compensation insurance meeting applicable statutory requirements with policy endorsed to provide a waiver of subrogation as to the City, and employer's liability insurance with minimum limits of $1,000,000 for each accident. B. Comprehensive commercial general liability insurance with minimum limits of $1,000,000 as the combined single limit for each occurrence of bodily injury, personal injury and property damage, including contractual liability coverage including but not limited to the liability assumed pursuant to the indemnity provisions of this agreement. C. Automobile liability insurance covering all owned, hired, and non -owned vehicles in use by Operator, its employees and agents, with personal injury protection insurance and property protection insurance to comply with the provisions of state law with minimum limits of $500,000 as the combined single limit for each occurrence for bodily injury and property damage. D. All policies other than those for Worker's Compensation shall be written on an occurrence and not on a claims made basis. E. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. F. All policies, except for worker's compensation policies, shall name the City, its officers, boards, commissions, employees, and agents as additional insureds ( "Additional Insureds "). G. Certificates of insurance for each insurance policy required by this paragraph shall be filed and maintained with the City annually during the term of this agreement. Operator shall immediately advise the City of any claim or litigation that may result in liability to the City. H. All insurance policies maintained pursuant to this agreement shall Contain the following endorsement: "At least sixty (30) days prior written notice shall be given to the City of Southlake, Texas, by the insurer of any intention not to renew this policy or to cancel, replace or materially alter this policy, the notice to be given by certified mail addressed to the Director of Public Safety, at the address provided herein." 1. The insurance required in this paragraph shall be carried with a responsible company or companies acceptable to the City, licensed to do business in the State of Texas. XIV. INSPECTION City employees and officials shall have the right of entry into Operator's storage facility at reasonable times to inventory and inspect vehicles removed at the direction of the City. Operator shall be furnished a copy of any inventory so taken. Operator shall be responsible for vehicles and their contents while in Operator's custody. XV. ADMINISTRATIVE FORMS Operator shall prepare and issue in a proper and timely manner all necessary notices required under applicable laws and ordinances, including, without limitation, the Texas Litter Abatement Act and the Texas Abandoned Motor Vehicle Act, as amended, to provide adequate notification to owners and lienholders of motor vehicles which are towed and impounded and any attendant auction and sale of unclaimed or abandoned motor vehicles. Operator shall obtain a release from the Department of Public Safety prior to the disposition of any vehicle. Operator shall maintain accurate and proper documentation of all fees incurred and notices sent for purposes of verifying the accuracy of any fees charged and procedures implemented. In addition, Operator shall keep and maintain books and records reflecting its operations as required by Ordinance No. 578A and this agreement. Operator shall submit to the Department of Public Safety no later than the 7th day of each month a monthly activity report related to Operator's operation during the previous month pursuant to this agreement. This monthly report shall contain, at a minimum, the following information: 1. Number and listing of vehicles towed. 2. Number and listing of vehicles released. 3. Number and listing of vehicles currently in custody. 4. Length of impoundment of vehicles. 5. Any disposition of vehicles not released to the owner. 6. Such other information that may be required by the Director of Public Safety. XVI. INDEMNIFICATION OPERATOR HEREBY AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM ANY AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION, OF WHATSOEVER HIND OR NATURE, ARISING OUT OF OR INCIDENT TO THE TOWING, STORAGE AND SALE OF MOTOR VEHICLES PURSUANT TO THIS AGREEMENT OR THE PERFORMANCE OF ANY DUTIES ARISING UNDER OR BY VIRTUE OF THIS AGREEMENT, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. OPERATOR SPECIFICALLY ACKNOWLEDGES AND AGREES THAT THE ,CITY SHALL NOT BE LIABLE FOR ANY TOWING OR IMPOUNDMENT CHARGES OR ANY OTHER COSTS OR EXPENSES INCURRED BY OPERATOR PURSUANT TO THIS AGREEMENT, EXCEPT TO THE EXTENT, IF ANY, PROVIDED OTHERWISE 11111.»1101 "TA II DEFAULT In the event that Operator should breach any of the terms or conditions of this agreement or should otherwise be in default of any of its obligations pursuant to this agreement, the City shall provide Fifteen (15) days written notice to Operator of the default. In the event that Operator fails or refuses to cure the conditions of default within said fifteen (15) day period, the City may, in writing, immediately declare this agreement terminated. Notwithstanding the above, City shall only be required to give 10 days' written notice of a default by Operator for non - payment of any sums due the City under this agreement. Notwithstanding the above, either party may cancel this agreement upon thirty (30) days written notice to the other party. No waiver by the City of any default in the obligations of the Operator shall constitute in any form an estoppel of the City from at any time asserting or reasserting any such default, it being clearly understood and agreed by the parties that no waiver or estoppel shall occur except by written agreement duly authorized and signed by the City Manager. XVIII. NOTICES Notices required to be delivered pursuant to this agreement shall be sufficient if personally delivered or sent by certified mail in the United States Mail, postage pre -paid to the appropriate party at the following address: A. If to City: Attention: Director of Public Safety City of Southlake 667 North Carroll Avenue, Southlake, Texas 76092 B. If to Operator: Attention: Mr. Andy Chesney 1201 W. Euless Boulevard Euless, Texas 76040 XIX. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the parties and may not be modified or amended except by written agreement signed by the parties. M VENUE Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance or nonperformance of this agreement, venue for the action shall be in Tarrant County, Texas. EXECUTED this day of , 2005. CITY OF SOUTHLAKE IM The Honorable Andy Wambsganss, Mayor OPERATOR Bv: Mr. Andy Chesney, Owner EXHIBIT 1 City of Southlake — Wrecker Fee's Towing $125.00 Dollies $27.50 Heavy Duty $250.00 Clean Up $5.00 Unlock on Abandoned Vehicles $5.00 City Owned Vehicles $40.00 Storage 15.00 per day Impound Fee $20.00 Winching $20.00 Roll Over $25.00 Child Unlock N/C Working Time $70.00 per hour; 1" 15 min. free Waiting Time $17.50 per 15 min. Motorcycle Trailer $95.00 + 2.50 per mile Absorball $10.00 per container $5.00 per 1 /2 container