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HomeMy WebLinkAboutResolution No. 2015-080 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2015- DS D A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AWARDING A BID AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH LW'S TOWING FOR THE PURPOSE OF PROVIDING TOWING AND WRECKER SERVICE FOR THE CITY; ADDING THE APPROVED FORM OF CONTRACT AS EXHIBIT A; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,TEXAS: Section 1. That the City Council of the City of The Colony, Texas, hereby approves awarding a bid to LW'S TOWING for the purpose of providing towing and wrecker service within its corporate limits; and Section 2. That the City Council hereby approves the agreement with a wrecker service to remove, at the request of the City, vehicles which violate City ordinances and state law; and Section 3. That the Agreement is for a term of one (1) year from the date of execution with the option of three (3) additional one year periods, subject to provisions contained therein; and Section 4. That the city manager is authorized to enter into the contract attached hereto and incorporated herein as Exhibit "A". Section 5. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 17TH day of November, 2015. J.e Mc ourry, ayor City of The Colony, Texal iiiiiiii Christie Wilson, TRMC, City Secretary CP4t0/4 A i • .r .'` EVA . ,,y APPROVED AS TO FORM: J- f Moore, Ci y Attorney STATE OF TEXAS § COUNTY OF DENTON § CITY OF THE COLONY § AGREEMENT FOR WRECKER SERVICE 1. THIS AGREEMENT ("Agreement") is entered into this 17th day of November, 2015, by and between the City of The Colony, Texas ("City") and LCLTJ, Inc. dba LW's Towing ("Operator"). WITNESSETH: WHEREAS, the City is a home rule municipality with the power and authority to regulate the storage, parking and towing of vehicles within its corporate limits; and WHEREAS, the City desires to enter into an agreement with a wrecker service to remove, at the request of the City,vehicles which violate City ordinances and state law; and WHEREAS, the Operator maintains all required licenses and certifications of any kind in connection with commercial towing and vehicle storage, and shall, during the term of this Agreement, meet any additional license or certification requirements for commercial towing and/or vehicle storage companies that may be imposed by federal, state or local authority. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements as set forth herein, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: ARTICLE TERM The City hereby grants to Operator, for a period of one (1)year from the date hereof, the right to tow and remove, upon request from the City, all vehicles required by the City to be removed from their stationary location. The City's option and approval by the Operator, this Agreement may be renewed for three (3) additional one (1) year periods, subject to the termination provisions provided in Article VIII herein below. ARTICLE II DUTIES OF OPERATOR 2.01 Operator shall respond to all calls by the City for light or medium duty wrecker service, as hereinafter defined, within 20 minutes from the time the call for such services is received by Operator. Response time for heavy-duty wrecker services shall not exceed 40 minutes from the time the call for such services is received by the Operator. 2.02 Operator shall maintain at all times, twenty-four (24) hours per day, seven (7) days a week, personnel on duty who shall be able to respond to a City request for wrecker service, as required by this Agreement, and to requests for release of vehicles stored and parked on Operator's property. Failure of Operator to maintain such personnel shall constitute a cause for termination of this Agreement by the City. 2.03 Operator shall maintain and operate a place for the storage of vehicles towed pursuant to this Agreement (the "storage facility"), said storage facility to be a minimum of one (1) acre, with storage capacity for a minimum 150 vehicles, and shall be maintained and kept in good condition, including paving, fencing, lighting, and security as follows: (a) The storage facility shall be completely enclosed by a fence of at least six (6) feet in height, with a gate which is locked at all times Operator is not at the storage facility; (b) The storage facility shall have an all-weather surface, such as concrete, asphalt, blacktop, stone, macadam, limestone, iron ore, gravel, shell or caliche that makes delivery and release of vehicles feasible in all weather conditions; (c) The storage facility shall have a sign at its main entrance, clearly visible and readable from adjacent roadways, which shall include the street address, telephone number, the hours vehicles will be released to vehicle owners, and the State license number of the storage facility; (d) The storage facility shall have an operable telephone, which must be publicly listed, where Operator can be contacted. If at any time, the telephone number is changed from the number in use on the date of this Agreement, Operator shall give written notice of the same and the new telephone number to the City, prior to the date the new number is used; (e) For nighttime release of vehicles, Operator shall maintain adequate illumination at the storage facility, which shall not be less than one (1) foot-candle where the vehicles are maintained; five (5) foot-candles in the traffic lanes; and five (5) foot-candles at the entrance; and, (f) The storage facility will have a covered and secure area of isolation to hold vehicles for evidentiary purposes. This area must be isolated and secured within the main storage facility. Said storage facility shall be located within ten (10) miles of the City of The Colony, Texas. Failure to maintain such a storage facility within a reasonable distance from the City, as determined solely by the City Council, shall constitute cause for termination of this Agreement by the City. Operator shall deliver all vehicles to and store such vehicles at said location, unless directed otherwise by the Chief of Police, or his designated representatives. Page 1 of 9 2.04 Operator shall have the right to continue to provide wrecker and towing services to persons other than the City; provided, however, the calls and requests for wrecker service made by the City shall have immediate and absolute priority over any other calls received. 2.05 Operator shall tow, park, and store all vehicles in a safe and secure manner. Vehicle storage shall be conducted in accordance with the following requirements: (a) All vehicles shall be kept inside the fenced area of the vehicle storage facility at all times; (b) No stored vehicle shall be used by Operator, its agents or employees for personal or business use; (c) A vehicle stored pursuant to this Agreement shall be secured, such as doors, windows, and/or hatchbacks closed, convertibles covered or tops raised, without additional charge. Wrecked vehicles which cannot be secured are excepted from this requirement; and (d) A vehicle stored pursuant to this Agreement shall not be repaired, altered or parts removed without the consent of the vehicle's owner or authorized representative. 2.06 Vehicles shall be accepted for storage by Owner as follows: (a) When Operator accepts for storage a vehicle towed without the consent of the vehicle owner, Operator shall inspect the vehicle and note, as an addition on the wrecker slip or wrecker ticket, any differences from the information previously set out thereon, but shall not write over, or deface in any manner, any prior writing on the slip or ticket. If the license plate number or vehicle identification number on the wrecker ticket or wrecker slip was incorrect, Operator shall note in its records the correct number, and notify every previously advised person(s) within forty-eight (48) hours of the current information. (b) When storing a vehicle pursuant to this Agreement, Operation shall notify, within ten (10) calendar days, by certified or registered mail (return receipt requested), the registered owner and/or record lien holder of the vehicle that the vehicle is in the possession of Operator. A copy of the owner notification and mail receipt will be mailed to The Colony Police Department. Such notice shall provide the following information: 1. the location where the motor vehicle is located, as required by this Agreement, and the hours the vehicle can be released to the vehicle owner from that storage facility; 2. the amount of fees which must be paid before the vehicle is released; 3. the date on which the vehicle will be moved from the vehicle storage facility, if it is not recovered by the vehicle owner prior to that date; Page 2 of 9 4. from where, when, by whom the vehicle was authorized to be towed. 2.07 Operator shall not release any vehicle impounded for evidentiary reasons with a hold placed on it, except upon written direction from the Chief of Police of the City, or his designated representative. Whenever a person claims ownership or right of possession to a motor vehicle located on the vehicle storage facility, such person shall be entitled to inspect the wrecker slip or wrecker ticket. The registered motor vehicle owner, or authorized representative, shall have access to and be allowed to remove any personal belongings in the vehicle, unless otherwise directed by a peace officer. 2.08 Operator shall maintain current records during the term of this Agreement and shall make the same available for review by the City Manager, Chief of Police, or their duly designated representative, which shall be available upon one (1) day's notice. Such records shall include, but not limited to, the following: (a) Date and time call or request for service was received by Operator; (b) Date and time of arrival at location of vehicle to be towed and location of vehicle to be towed; (c) Date and time of arrival at storage area after vehicle has been towed; (d) Name of wrecker driver and the wrecker license plate number; the name of the wrecker driver shall be available only to the Texas Department of Labor and Standards or other appropriate law enforcement agency, The Colony Chief of Police, the Denton County Sheriff, and the Texas Department of Public Safety Officials; (e) Make, model, year and color of vehicle; (f) License plate number of the vehicle, state issuing the license, and correct vehicle identification number; (g) A general description of the vehicle, including overall conditions of the vehicle and any damage to the body of the vehicle or missing equipment; (h) Date,time and place of vehicle inventory search; (i) The date the vehicle was released and the name of the individual to whom the vehicle was released; (j) If the vehicle ownership has been transferred due to any action of the Operator, or if the vehicle has been disposed of or demolished, a copy of the certificate of title issued after the vehicle came into the Operator's possession, the certificate of authority to demolish, a police auction sales receipt, or transfer document issued by the State of Texas for the vehicle; and (k) All amounts charged for the storage of the vehicle. Page 3 of 9 The records required by this subsection may be kept in the form of wrecker tickets and slips, so long as all information required herein is kept on the tickets and slips. Each record required to be kept by this Agreement shall be kept for two (2) years from the date of the last transaction shown in the record under Operator's care and custody. In addition to these record keeping requirements, the Chief of Police of the City shall have the right to prescribe such other record keeping requirements as he deems appropriate to effectuate the terms of this Agreement. 2.09 Operator shall provide the opportunity for the owners of the vehicles stored by Operator to remove items of personal property from their vehicle, unless otherwise directed by a peace officer, and for appraisals and photographs by insurance agents and body shop specialists. Operator shall not dismantle or remove any part or parts from any impounded vehicles. 2.10 In the event of a motor vehicle accident, Operator shall clean and remove from the street, road, highway, alley or other public way all glass or debris resulting from such accident. 2.11 Operator shall not solicit personal or private business from owners of impounded vehicles which are stored at the location above described. ARTICLE III FEES 3.01 All towing, storage and other fees shall be collected by Operator. The City shall not participate, in any manner, in the collection of fees. 3.02 Operator hereby agrees that it shall not charge or seek to collect from City, any fees or costs incurred by Operator for the towing of City vehicles, or vehicles seized by the City of The Colony. 3.03 When abandoned vehicles are towed, Operator shall receive payment of towing fees after the sale of the abandoned vehicle, as set forth in Article IV of this Agreement. 3.04 The following fees and charges are the only fees and charges that shall apply to all towing, wrecker, and storage services provided by Operator pursuant to this Agreement regardless of any other authority given to Operator to collect fees (i.e. mileage, fuel, etc.) Normal towing charges for vehicles $ 95.00 Accidents requiring additional services(per accident) $ 115.00 Heavy duty wrecker service, per hour $ 185.00 Storage fees(each 24 hour period,said sum due at the Up to 25' $ 20.00 beginning of each of such periods)(per day) Over 25' $ 35.00 Preservation Fee $ 20.00 Page 4 of 9 3.05 Operator shall provide to the City a current and mutually agreed upon list of all charges assessed to vehicle owner. ARTICLE IV SALE OF SEIZED VEHICLES Any vehicle removed and impounded under the provisions of this Agreement, which the Police Department obtained ownership through Chapter 59 of the Code of Criminal Procedure proceedings, may be sold at a public sale under the provisions of state law and the Home Rule Charter and Ordinances of the City. The Contractor will provide auction services to The Colony Police Department for vehicles under this provision. The City will pay the Contractor ten percent (10%) of the total sales price of any vehicle sold under this Agreement. The Contractor may deduct the ten percent (10%) from the monies paid to the City for this compensation. When payment is made to the City, the auction documents showing the sales price, amount deducted, and amount being paid to the City will need to be included with payment. Both the City and the Contractor agree that all other storage and towing fees stipulated in the City's wrecker agreement are waived on these awarded vehicles. ARTICLE V CALL ROTATION In the event more than one (1) towing company enters into an agreement with the City, the companies will be placed on a call rotation established by the Chief of Police; provided, however, that if any one company or individual owns more than one (1) towing company, only one (1) of those companies may be placed on the rotation. Said call rotation will not be affected when a towing company is called to tow a vehicle owned by the City. If a towing company does not adhere to the conditions of this Agreement, it will be suspended from the call rotation for a minimum of thirty(30) days, or as designated by the Chief of Police. ARTICLE VI INDEMNIFICATION OF INJURY AND PERFORMANCE Operator further specifically obligates itself to the City in the following respects, to-wit: OPERATOR HEREBY AGREES TO PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES(HEREINAFTER INDIVIDUALLY AND COLLECTIVELY REFERRED TO A"INDEMNITIES"),FROM AND AGAINST SUITS, ACTIONS, CLAIMS, LOSSES, LIABILITY OR DAMAGE OF ANY CHARACTER, AND FROM AND AGAINST COSTS AND EXPENSES (INCLUDING, IN PART, ATTORNEY'S FEES INCIDENTAL TO THE DEFENSE OF SUCH SUITS, ACTIONS, CLAIMS, LOSSES, DAMAGES OR LIABILITY) ON ACCOUNT OF INJURY, DISEASE, SICKNESS, INCLUDING DEATH, TO ANY PERSON OR DAMAGE TO PROPERTY(INCLUDING,IN PART,THE LOSS OF USE RESULTING THEREFROM),ARISING FROM ANY ACT,ERROR, OMISSION OR NEGLECT OF OPERATOR, ITS OFFICERS,EMPLOYEES,SERVANTS,AGENTS OR SUBCONTRACTORS,OR ANYONE ELSE UNDER OPERATOR'S DIRECTION AND CONTROL,OR OTHERWISE ARISING OUT OF,OCCURRING IN CONNECTION WITH, Page 5 of 9 RESULTING FROM OR CAUSED BY THE PERFORMANCE OR FAILURE OF PERFORMANCE OF THE SERVICES UNDER THIS AGREEMENT. OPERATOR'S INDEMNIFICATION HEREUNDER SHALL APPLY WITHOUT REGARD TO WHETHER ACTS, ERRORS, OMISSION OR NEGLECT OF ONE OR MORE OF THE INDEMNITEES WOULD OTHERWISE HAVE MADE THEM JOINTLY OR DERIVATIVELY NEGLIGENT OR LIABLE FOR SUCH DAMAGE OR INJURY, EXCEPTING ONLY THAT OPERATOR SHALL NOT BE OBLIGATED TO SO PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS IF SUCH DAMAGE OR INJURY IS DUE TO THE SOLE NEGLIGENCE OF THE CITY. ARTICLE VII INSURANCE/ FIDELITY BOND REQUIRED 7.01 Operator shall carry complete and adequate workmen's compensation or comparable, public liability and property damage insurance in the amounts of$250,000 per individual; $500,000 per occurrence; and $250,000 property damage. 7.02 All of Operator's employees shall at all times be covered by a blanket fidelity bond in the amount of$5,000. 7.03 Operator shall name the City as an additional insured on all policies of insurance. ARTICLE VIII TERMINATION/NOTICE Failure by either party hereto to comply with any of the terms of this Agreement shall be cause for termination. Prior to termination of this Agreement, and in instances where a violation may be corrected, written notice of the violation or violations shall first be given to the party in violation, which party shall thereafter have ten (10) calendar days in which to correct the violation. Failure to correct the violation within such time period shall result in immediate termination of this Agreement. Where a violation has occurred which is not subject to correction, the party not in violation may terminate this Agreement by first giving written notice of the violation and the desire to terminate to the party in violation, and this Agreement shall be terminated ten (10) days following the receipt of such notice. Further, either party may terminate this Agreement at any time during the Term of this Agreement with thirty (30) day written notice to the other party. Where required herein, written notice shall be considered received when deposited in the United States mail, or when hand delivered to the following addresses: IF TO THE CITY: Troy Powell, City Manager City of The Colony 6800 Main Street The Colony, TX 75056 Page 6 of 9 IF TO THE OPERATOR: Larry Haynie, President LCLTJ, Inc dba LW's Towing 15020 King Road Frisco,TX 75034 ARTICLE IX MISCELLANEOUS 9.01 Nondiscrimination. As a condition to this Agreement, Operator covenants and agrees that Operator will take all necessary actions to ensure, in connection with work under this Agreement, that Operator, the Operator's associates, subcontractors, or employees, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, physical handicap unrelated to job performance, either directly or indirectly or through contractual or other arrangements. In this regard, Operator shall keep, retain and safeguard all records relating to this Agreement for work performed hereunder for a minimum period of three (3) years from final contract completion, with full access allowed to authorized representatives of the City upon request, for purposes of evaluating compliance with this and other provisions of this Agreement. 9.02 Independent Contractor. By the execution of this Agreement, the City and Operator do not change the independent contractor status of Operator. No term or provision of this Agreement, or any act of Operator in the performance of this Agreement, may be construed as making the Operator the agent or representative of the City. 9.03 Assignment. Operator shall not assign any of its rights and duties under this Agreement, except upon prior written approval of the City. 9.04 Governing Law. The Agreement shall be governed by and construed in accordance with the Laws of the State of Texas. Venue shall be in Denton County, Texas. 9.05 Entire Agreement. This Agreement constitutes the entire agreement and understanding between the City and Operator. Any modification, change or amendment to this Agreement shall be in writing and approved by both parties. 9.06 Severability. In the event any article, section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement, shall be enforceable and shall be enforced as if the parties intended at all times to delete said invalid article, section, subsection, paragraph, sentence, phrase or word; and such invalid, illegal, unconstitutional or unenforceable article, section, subsection, paragraph, sentence, phrase, or word shall be substituted by an article, section, subsection, paragraph, sentence, phrase or word as near in substance thereto as may be valid, legal, constitutional and enforceable. 9.07 Recitals. The recitals to this Agreement are found to be true and correct and are incorporated herein by reference. Page 7 of 9 EXECUTED the date and year first written above. CITY OF THE COLONY,TEXAS By: 'i - 'owell, City Manager ATTEST: By: 4Z-th`) Christie Wilson, City Secretary k.W k5 )0\k1 1VNI:3 By: 0—k.rdifiBilig_k Its: )14 \ACti L. 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