Common use of Police Heavy Duty Wrecker Designation Clause in Contracts

Police Heavy Duty Wrecker Designation. 2.01 The Operator represents that he is familiar with the provisions of Article III of Chapter 8 of the Code of Ordinances of Houston, Texas, as amended, which are hereby incorporated into and made a part of this Agreement by reference. Without limitation, the provisions of Section 8-126(e) of the Code of Ordinances, A. Automobile Liability Insurance $1,000,000 combined single limit per occurrence B. Cargo on Hook Coverage or equivalent in the amount of $50,000 per vehicle C. Workers Compensation or Occupational Safety Insurance D. All drivers of heavy-duty wreckers shall be named insured on Operator's liability insurance policy. Operator shall provide City with new certificate of insurance if additional drivers are added. The Operator agrees to comply with the said provisions and the other terms and conditions of this Agreement in providing heavy-duty wrecker services. It is expressly understood and agreed that any amendments hereafter adopted by the City Council of the City of Houston, Texas, will become part of this Agreement by reference upon their effective date. It shall be the obligation of the Operator to take notice of such amendments by virtue of their adoption, and the City shall not be obligated to provide any personal notice of such amendments to the Operator. The Operator shall charge no fees for servicing a police scene in excess of the fees authorized under city ordinance for vehicles towed without the consent of a vehicle owner. Further, the Operator shall not obligate the owner of a vehicle removed from a police scene and placed in storage to pay any fees in excess of those authorized for a vehicle delivered to a state licensed vehicle storage facility without the consent of the vehicle owner. Under no circumstances will a vehicle owner be charged a fee of any type in excess of the fees applicable had the vehicle been towed without the vehicle owner’s consent. Operator agrees not to respond to a police scene with a heavy-duty wrecker unless summoned by the law enforcement officer in charge of the police scene. Operator agrees to comply with heavy-duty wrecker regulations promulgated by the Houston Police Department and attached hereto as Exhibit “A“. Operator agrees to maintain the ability to accept and process the following form of payment: credit cards. Operator agrees to maintain the ability to accept at least two major credit card issuers of the following: VISA, MasterCard, American Express, and Discover Card. Furthermore, all credit or debit transactions will reflect the Operator’s name as payee. 2.02 Operator agrees that in the event the City’s Police Chief redraws the zones and rotation list for heavy-duty wreckers during the term of this Agreement, operator shall comply with the new heavy duty rotating zones.. The Police Chief will give Operator thirty days written notice of new zones and rotation list. 2.03 It is expressly understood that this Agreement does not constitute any promise or obligation by the City to cause any vehicle to be towed by the Operator. 2.04 It is expressly understood that each heavy-duty wrecker servicing this Agreement must meet the following minimum requirements: a. TDLR approved extendable boom, tandem axle wreckers. An acceptable wrecker shall have a minimum Boom manufacturer rating of 30 tons. Each wrecker shall have a minimum of two 30,000 manufacturers rated winches and each winch shall have a minimum of 200 feet of 5/8 inch diameter wire rope. Every wire rope end must be swaged. b. The heavy-duty wrecker will have a light bar that conforms to state law. c. The heavy- duty wrecker will carry at all times the equipment listed in Exhibit “A”. 2.05 Each heavy-duty wrecker shall be inspected as follows:

Police Heavy Duty Wrecker Designation. 2.01 The Operator represents that he is familiar with the provisions of Article III of Chapter 8 of the Code of Ordinances of Houston, Texas, as amended, which are hereby incorporated into and made a part of this Agreement by reference. Without limitation, the provisions of Section 8-126(e) of the Code of Ordinances,, Houston, Texas, regarding insurance requirements are specifically incorporated herein and read as follows: "Operator shall be assigned to a rotation list more specifically described in Exhibit “A” for each heavy-duty wrecker that is to be utilized by the Operator to perform police-authorized heavy-duty tows. Operator shall not allow a heavy- duty wrecker to perform a heavy-duty tow of any vehicle outside of the approved heavy-duty rotation list, except when authorized by the police department. "The Operator shall obtain and maintain in effect during the term of this Agreement, insurance coverage as set out below, and shall furnish certificates of insurance, prior to the beginning of the term of this Agreement. All such policies except Worker's Compensation or Occupational Safety Insurance shall be primary to any other insurance and shall name the City as an additional insured. All liability policies shall be issued by a company with a Certificate of Authority from the State Department of Insurance to conduct insurance business in Texas or a rating of at least B+ and a financial size of Class VI or better according to the current year's Best's rating. Operator shall maintain the following insurance coverage in the following amounts: A. Automobile Liability Insurance $1,000,000 combined single limit per occurrence B. Cargo on Hook Coverage or equivalent in the amount of $50,000 per vehicle C. Workers Compensation or Occupational Safety Insurance D. All drivers of heavy-duty wreckers shall be named insured on Operator's liability insurance policy. Operator shall provide City with new certificate of insurance if additional drivers are added. The Operator agrees to comply with the said provisions and the other terms and conditions of this Agreement in providing heavy-duty wrecker services. It is expressly understood and agreed that any amendments hereafter adopted by the City Council of the City of Houston, Texas, will become part of this Agreement by reference upon their effective date. It shall be the obligation of the Operator to take notice of such amendments by virtue of their adoption, and the City shall not be obligated to provide any personal notice of such amendments to the Operator. The Operator shall charge no fees for servicing a police scene in excess of the fees authorized under city ordinance for vehicles towed without the consent of a vehicle owner. Further, the Operator shall not obligate the owner of a vehicle removed from a police scene and placed in storage to pay any fees in excess of those authorized for a vehicle delivered to a state licensed vehicle storage facility without the consent of the vehicle owner. Under no circumstances will a vehicle owner be charged a fee of any type in excess of the fees applicable had the vehicle been towed without the vehicle owner’s consent. Operator agrees not to respond to a police scene with a heavy-duty wrecker unless summoned by the law enforcement officer in charge of the police scene. Operator agrees to comply with heavy-duty wrecker regulations promulgated by the Houston Police Department and attached hereto as Exhibit “A“. Operator agrees to maintain the ability to accept and process the following form of payment: credit cards. Operator agrees to maintain the ability to accept at least two major credit card issuers of the following: VISA, MasterCard, American Express, and Discover Card. Furthermore, all credit or debit transactions will reflect the Operator’s name as payee. 2.02 Operator agrees that in the event the City’s Police Chief redraws the zones and rotation list for heavy-duty wreckers during the term of this Agreement, operator shall comply with the new heavy duty rotating zones.. The Police Chief will give Operator thirty days written notice of new zones and rotation list. 2.03 It is expressly understood that this Agreement does not constitute any promise or obligation by the City to cause any vehicle to be towed by the Operator. 2.04 It is expressly understood that each heavy-duty wrecker servicing this Agreement must meet the following minimum requirements: a. TDLR approved extendable boom, tandem axle wreckers. An acceptable wrecker shall have a minimum Boom manufacturer rating of 30 tons. Each wrecker shall have a minimum of two 30,000 manufacturers rated winches and each winch shall have a minimum of 200 feet of 5/8 inch diameter wire rope. Every wire rope end must be swaged. b. The heavy-duty wrecker will have a light bar that conforms to state law. c. The heavy- duty wrecker will carry at all times the equipment listed in Exhibit “A”. 2.05 Each heavy-duty wrecker shall be inspected as follows: