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HomeMy WebLinkAboutRES 09-205 RESOLUTION NO. 09-205 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with TNT Wrecker Service of Beaumont, Texas, for towing services/impounding of uninsured vehicles. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of July, 2009. v - ayor Becky Ames - ll RICHWITH OPPORTUNITY C f T - E X - A S City of Beaumont July 15, 2009 ATTN: Thomas E. Neff, M, General Manager Original via Hand Delivery TNT Wrecker Service P. O. Box 21535 Beaumont, TX 77720 RE: Contract Towing Services for Police Department-Impounding of Vehicles Bid No. PF0509-30 Dear Vendor: Please be advised that your company has been awarded the above referenced contract for the City of Beaumont. The prices and provisions of the contract are stated in Bid No.PF0509-30. The details of the contract are outlined in the attached Agreement. Please review Agreement, sign at the designated places,keep one original for your records,and return one original to me. DATE OF AWARD: July 14, 2009 CONTRACT BEGINS: July 15, 2009 CONTRACT ENDS: July 14, 2011 If you need any further information,please contact the Purchasing Division at(409) 880-3720. Sincerely, W-//e� Patrick J. Bardwell Purchasing Manager PB:bd GWDS DO NOT MOVE OR DELETE!� -F-0 TFO%1-30—v ,,d cc: Chief Frank Coffin, PD Fax No. 8 80-3 844 Lt. Mark Pierce,PD Fax No. 8 80-3 844 Capt. David Travis, PD Fax No. 880-3844 Purchasing Division/Finance Department • (409) 880-3720 • Fax (409) 880-3747 P.O. Box 3827 • Beaumont,Texas 77704-3827 AGREEMENT FOR CONTRACT TOWING SERVICES FOR POLICE DEPARTMENT - IMPOUNDING OF VEHICLES 1. This Agreement is a contract between the City of Beaumont("City"),Beaumont, Texas, and TNT Wrecker Service("TNT") , also referred to as "Contractor,"to provide towing services for no proof of financial responsibility vehicles, in cooperation with the City of Beaumont Police Department. 2. Term of Agreement. The primary term of this agreement shall be two (2)years from the date of award notice. At the end of the two (2)year period,the City may renew this contract for one (1) additional two (2) year contract. Any terms and conditions stated in the original specifications will apply to any extended periods. Approval on behalf of the City to renew this contract shall be made by the City Manager or his designee. 3. Services Provided. TNT will provide vehicle towing service within the city limits of Beaumont,Texas on an as- needed and required basis. This service will be required on a twenty-four(24)hour, seven(7) day a week,three hundred and sixty-five (365) day a year basis. 1. TNT will, in addition to providing towing service as stated, operate and maintain a Contractor-owned vehicle storage facility. This facility is to operate the same hours as those required of the towing service, and any other items so designated by the City of Beaumont Police Department. The vehicle storage facility is to be one (1) lot, located inside the city limits of Beaumont, Texas. This single lot is to be large enough to handle the potential of 5,825 tows(using 2008 statistics) for no proof of financial responsibility citations. 4. Dispatch of Tow Truck(s). The operator shall dispatch tow truck(s) at the direction of the City of Beaumont Police Department, to remove any and all vehicles within the incorporated limits of the City of Beaumont. Tow trucks must comply with Chapter 29,Article IV,Tow Trucks,Towing Companies, and Tow Operators,of the Code of Civil and Criminal Ordinances of the City of Beaumont, Texas. 5. Response Time. The on scene arrival time should not exceed thirty(30)minutes from time of initial call to TNT. The City of Beaumont takes priority over all other towing 01 bs by the Contractor. Consistent failure to meet the thirty(30) minute response time may result in termination of the contract. 6. Signs. TNT shall post a sign that is easily seen at the vehicle storage facility stating all charges and fees pursuant to the execution of this contract. Cost of the sign shall be the responsibility of TNT. Page 1 7. Impoundment and Release. 1. TNT shall keep and maintain such vehicle that he tows and/or stores in a safe and secure manner. TNT shall provide reasonable opportunity for vehicle owners to remove items from their vehicles, for appraisals, and for photographs by insurance agents,repair personnel and other authorized agents of the owners or City. 2. TNT is prohibited from selling parts from or dismantling vehicles that have been towed and/or stored under the terms of this agreement until TNT takes possession per State Law. 3. TNT must release vehicles upon payment of fees. 4. TNT shall maintain a computerized on-site database at the vehicle storage facility which shows the fees collected, vehicle disposition, and generate a receipt for citizens outlining all charges incurred. The database may be audited by City at any time. Any additional reports,receipts, etc. will be provided by the "Contractor"upon request. 5. TNT must offer major credit card payment options for the payment of towing charges and storage fees. When a credit card is used for payment, a reasonable merchant credit fee may be surcharged to the customer in addition to the actual towing and storage fees owed. 8. Towing Fees. Towing fee to be awarded at the maximum amount allowed per Chapter 29, Article IV, Tow Trucks, Towing Companies and Tow Operators, of the Code of Civil and Criminal Ordinances of the City of Beaumont, Texas. 9. Storage Charges. 1. If a vehicle owner or designee is able to provide proof of insurance coverage being in effect at the time the vehicle was towed, and provides that proof within one (1)business day(as defined as Monday thru Friday) of vehicle impoundment, then there will be no fees charged to the vehicle owner for the storage fees. The vehicle owner will be responsible for paying the towing charge. 2. Impounded vehicles,parts, etc.that are stolen property, found property, or evidence,will be stored at no expense to the City or the owner as long as a hold is in effect. Storage fees begin to accrue the day after the hold is dropped by the City of Beaumont Police Department. Vehicles, parts, etc., that are stolen property will be released after towing and any storage fees are paid. 10. Payment - Operators Remedies. The payment of the accrued charges for towing and storage shall be born exclusively by the owner or agent of the owner of the vehicles so removed and impounded. In no event shall City be held responsible for such charges of fees or any portion thereof. Page 2 11. Field Operations. 1. The proper towage, security of property, completeness, and accuracy in reporting are essential to the towing company and vehicle storage facility. 2. TNT is responsible for the hiring and training of qualified personnel. TNT is responsible for maintaining and staffing the vehicle storage facility with sufficient personnel to ensure its efficient operation. TNT remains responsible for the conduct and actions of each of its employees. 3. The Police Officer in the field is in charge of the scene. That Police Officer's instructions must be followed. However, if the tow truck driver feels that his equipment is endangered, or any directions are given contrary to the law or these regulations, the tow truck driver may request a Police Supervisor. 12. Data to be collected by Contract Towing Company. a. Number of tows, class of tows, and amount of towing fees collected for seized and no proof of financial responsibility. b. Number of days vehicles are stored and amount of storage fees collected. C. Number of notification fees and amount of notification fees collected. d. Number of impounds and amount of impound fees collected. e. Number and amount of administrative fees collected. f. Number of vehicles auctioned and amount of revenue from the auction. g. Number of vehicles disposed of other than auction and amount of revenue from that method of disposal. h. Any loss or damage claims for vehicles. i. Any loss or damage claims paid and the amount paid for the claim. 13. Contractor Responsibility. a. Collection of a Twenty Dollar($20.00) administrative fee for each no proof of financial responsibility tow and deliver the monies to the City of Beaumont. Payment shall be made to the City by the 5'of the month, for the previous month's collection. Payment will be made in the form of check,money order, or cash to the following: Mailing Address: Physical Address: City of Beaumont City of Beaumont Cash Management Division Cash Management Division P.O. Box 3827 801 Main St., Suite 110 Beaumont, TX 77704-3827 Beaumont, TX 77701 Page 3 As of Agreement date,July 15,2009,the twenty dollar($20.00) administrative fee is not approved in Code of Ordinances. City will instruct Contractor when and if fee is to be charged in the future. b. Capturing accurate revenue, expense data,number and types of tows on a yearly basis. C. Records to be available for inspection at any time. d. Damage and loss claims. e. Auction and disposal of vehicles. f. TNT will review and determine proof of financial responsibility before releasing any vehicle towed for no proof of financial responsibility according to State of Texas Statutes. g. Tow truck and drivers must be in compliance with State Law and City ordinance. 14. Documentation required prior to releasing a "no proof of financial responsibility"tow. a. A government issued photo identification. b. Proof of financial responsibility as defined by State Law. 15. INSURANCE REQUIREMENTS. TNT shall at all times during the Contract maintain in full force and effect insurance as stated in Attachment A. a. A certificate of insurance, or a copy of the insurance policies shall be furnished to the City within ten (10) days after the award of bid. b. City shall be named as additional insured on all policies. Should any insurance required by this Contract lapse, the Contractor shall immediately cease all operations as of the time and date of such lapse and shall not resume any operations until authorized in writing by the City. If the lapse period extends thirty(30) days,the Contract shall automatically terminate and the Contractor shall be in breach of this Contract. C. Should the City of Beaumont receive notices of insurance cancellation three (3) or more times within any twelve (12)month period, the City may cancel this contract. 16. In addition to the insurance requirements listed above and in Attachment A, the successful bidder shall be required to maintain insurance from an admitted insurance company of the following type and limits: Page 4 COVERED AUTOS COVERAGE SYMBOL LIMITS OF LIABILITY Garage Insurance Policy including: $ 300,000 Garage Keepers $ 30,000 Limit must include Symbol 30 Legal Liability under Covered Automobiles Comprehensive Including Comprehensive and Coverage 30 Collision coverage Collision Coverage 30 On-hook Coverage $ 25,000 17. INDEMNITY. The Contractor agrees to indemnify and save harmless the City of Beaumont and its officers, agents and employees from any and all claims, causes or action, and damages of every kind,for injury to or death of any person and damages to property arising out of or in connection with the work done by Contractor under this Contract, and including acts or omissions of the City of Beaumont or its officers, agents or employees in connection with said Contract. 18. Termination of Agreement. The City,besides all other rights or remedies it may have, shall have the right to terminate this agreement upon thirty(30) days written notice from the City Manager or his designee of its election to do so, if the successful bidder fails to perform the service or breaches this agreement, including the following: a. By failing to pay insurance premiums, liens, claims, or other charges. b. By failing to pay any payments due to the City, State or Federal Government from the Contractor or its principals, including, but not limited to,payments identified in this agreement or any taxes, fees, assessments, or liens. C. On the institution of voluntary or involuntary bankruptcy proceedings against the Contractor. d. By death of the Contractor, or dissolution of the Contracting firm or business. e. By violation of any provision of this agreement. 19. TNT agrees to operate their vehicles used to remove designated vehicles in compliance with Chapter 29, Article IV of the Code of Ordinances of the City of Beaumont, and specifically agrees to license under the provision of Chapter 29,Article IV, the tow truck(s)used in the performance of his obligations. 20. Subcontracting is allowed. Sub-contractor must meet all specifications listed in the Request for Proposal. All copies of information requested in the proposal must be received by the City of Beaumont and approved prior to subcontractor being authorized to tow. Contractor is responsible for the subcontractor. All tows must be transported to the Contractor's vehicle Page 5 storage facility. 21. This contract excludes towing services outside the city limits of Beaumont. 22. NO PERSON has the authority to verbally alter this specification. This Agreement constitutes the entire Agreement between the parties and no changes, amendments or modifications hereof shall be valid or recognized unless in writing and signed by both parties. Any written notice to be given hereunder by either party to the other party shall be affected by certified mail, return receipt requested. Either party may change the address for notice to it by giving written notice of such change in accordance with the provisions of this section. a. Notice to Contractor shall be sufficient if made or addressed to: Thomas E. Neff, III, General Manager TNT Wrecker Service P. O. Box 21535 Beaumont, TX 77720 b. Notice to City shall be sufficient if made or addressed to: City Manager City of Beaumont P. O. Box 3827 Beaumont, TX 77704-3827 23. If any information is required during the performance of this Agreement,please contact: Patrick Bardwell,Purchasing Manager Purchasing Division City of Beaumont Physical Address: 801 Main St., Suite 315,Beaumont, TX 77701 Mailing Address: P.O. Box 3827, Beaumont, TX 77704-3827 Phone#(409) 880-3175 Fax# (409) 880-3747 E-mail: pbardwell e ci.beaumont.tx.us Page 6 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of 2009, at Beaumont,Texas. CITY OF BEAUMONT: TNT WRECKER SERVICE Kyle Hayes Name City Manager 0��7 mG� � Title Title Date Date Page 7