Item # 10 - TxTow Corp. Contract

CITY OF ALAMO HEIGHTS
POLICE DEPARTMENT
CITY COUNCIL AGENDA MEMORANDUM
TO: Mayor and City Council
FROM: Rick Pruitt, Police Chief
SUBJECT: Proposal to authorize a Resolution awarding a contract to TxTow Corp. dba Texas
Towing for vehicle towing and storage service and authorizing the City Manager
to execute a three (3) year contract with an extension of up to two (2) years with
TxTow Corp. dba Texas Towing for such services upon approval of the City
Council.
DATE: August 28, 2023
BACKGROUND INFORMATION
Staff advertised in the San Antonio Express-News for Requests for Proposal (RFP) from qualified
professional service providers for vehicle towing and storage services on May 30th
and June 7th
,
2023 along with a fourteen day on-line publication of the notice. The announcement was also
posted on the City’s website. Proposals were received from Creswell Wrecker, Ridgeway Towing
Services, Pantusa Towing and Recovery LLC, and TxTow Corp. dba Texas Towing. The proposals
were reviewed by two (2) administrative staff officers of the Alamo Heights Police Department.
Additionally, on-site visits were made to each vehicle storage facility to evaluate the storage
facility, confirm required licenses and insurance coverages, and conduct interviews with each tow
service provider.
Upon completion of the evaluation process, Texas Towing was determined to be the best qualified
vehicle tow service provider for vehicle towing and storage services to the City. The company
employs over sixty (60) tow truck operators and support employees who are trained and certified in
a variety of trucks designed and equipped for towing and management of the vehicle storage
facility. They maintain an inventory of over forty (40) trucks ranging from light-duty recovery
vehicles to ultra-heavy duty trucks capable of up-righting and towing semi-tractors and trailers.
Tow trucks and operators are on-duty twenty-four hours a day, seven (7) days a week to respond to
calls for service. On-call tow truck operators with take-home vehicles are available if needed to
supplement the on-duty staff.
Texas Towing has a secure storage facility located at 422 Steves Avenue, San Antonio, Texas, nine
miles from Alamo Heights. The property is enclosed by a seven foot fence, has stadium quality
lighting during hours of darkness, and is monitored by digital security cameras. The cameras are
monitored by employees present on the premises twenty-four hours a day, seven days a week.
Texas Towing meets or exceeds all insurance requirements as set forth in the Texas Occupations
Code. Their towing service and storage facility are properly registered with the State of Texas
Department of Transportation. All tow truck operators are currently screened for drug use and
criminal history during pre-employment evaluations and random screenings.

Staff has evaluated the fee schedule for vehicle towing and storage service as proposed by Texas
Towing and found it to be comparable with industry standard fee schedules of other towing service
providers for same or similar services.
The proposed contract for vehicle towing and storage service is modeled from the current contract
in force with Texas Towing. The contract period is for three years with an option for a two year
extension. The proposed contract was reviewed by the City Attorney.
POLICY ANALYSIS
Staff has followed all of the procedures required for the solicitation of professional services under
Texas law.
COORDINATION
The Request for Proposal was advertised in the San Antonio Express-News on May 30th and June
7th, 2023 and was posted on the City of Alamo Heights website. The City Manager and City
Attorney have reviewed the proposed contract. The City Attorney prepared the Resolution for
vehicle towing and impound service.
FISCAL IMPACT
The proposed contract will include terms for Texas Towing to pay the City 20% of fees collected
from the vehicle owner or authorized person responsible for all charges relating to the towing and
labor of storage of non-City owned vehicles.
The City will be paid ten dollars ($10) per day for the first five (5) days of storage or five (5) days
after a hold placed on the vehicle by police representatives is released.
Texas Towing will share 15% of the proceeds collected above one-thousand dollars ($1,000) with
the City for all vehicles sold at auction impounded at the direction of the City’s representatives.
Texas Towing will collect a fifty dollar ($50) administrative fee applied to each impounded vehicle
for the City to cover the costs of local record keeping and monthly accounting.
Light-duty trucks and passenger car vehicles owned by the City will only be charged for towing
mileage outside of Bexar County at the rate of four dollars ($4) per mile after fifteen (15) miles.
Heavier duty vehicles in excess of ten-thousand (10,000) pounds will be charged eight ($8) dollars
per mile after fifteen (15) miles. Charges may be applied in unusual circumstances (upright large
vehicle, off- road winching, etc.).
Any charges for city owned vehicles will be deducted from the agreed percentage of fees collected
for the month the charges were incurred.
All financial records and documentation pertaining to the towing, impound and storage of vehicles
on the City’s behalf will be made available to the City’s representatives with 48 hour notice.

ATTACHMENTS
Attachment A – Vehicle Towing and Storage Contract
Attachment B – Resolution
______________________
Rick Pruitt
Police Chief
______________________
Buddy Kuhn
City Manager

VEHICLE TOWING AND STORAGE CONTRACT
This Contract is entered into by and between the City of Alamo Heights, a Texas Municipal Corporation
(hereinafter referred to as “City”) acting by and through its City Manager, pursuant to Resolution No.
2023R-*** passed and approved on the 28th day of August, 2023 and TxTow Corp. dba Texas Towing
(herein referred to by and through its authorized representative (hereinafter referred to as “Prime
Contractor”).
The following Agreement provides the terms and conditions of non-consensual towing services for the
City of Alamo Heights and have the exclusive right, subject to the terms and provisions of this Agreement
to furnish wrecker services for designated City owned vehicles and vehicles ordered to be towed by the
City’s Police Department. The parties hereto severally and collectively agree, and by the execution hereof
are bound, to the mutual obligations herein contained and to the performance and accomplishment of
the tasks hereinafter described.
I. SCOPE OF CONTRACT
A. The Prime Contractor, subject to the terms and provisions of this agreement, upon direction from
the Alamo Heights Police Chief or his authorized representative, shall furnish wrecker and vehicle storage
services for designated City owned or impounded vehicles and shall administer all labor, equipment and
materials, and perform all necessary work needed non-consensual wrecker service including but not limited
to the removal of vehicles which have been abandoned, involved in collisions, parked in violation of the law,
have been checked for evidence, and/or belong to prisoners.
Services shall also include all labor, equipment and materials to perform the clean-up and/or
containment of all debris, materials, and hazardous materials from an accident scene, City right-of-
way, and where necessary, state right-of-way, as well from private property when directed by the Chief
of Police, his designated representative, or the Director of Public Works, or his designated representative.
Where necessary, for clean-up of hazardous materials beyond the scope of the Prime Contractor’s
capability, the Prime Contractor will be responsible for acquiring the services of properly qualified
personnel for such clean-up. Determinations of the level of expertise necessary for such clean-up, as well
as the sufficiency of such work performed, may be subject to approval by the City.
B. Prime Contractor shall provide the services, equipment, and materials needed to perform this
Contract by personnel and equipment owned by Prime Contractor or any other Independent
Subcontractor chosen by Prime Contractor, provided that not more than 10% of any towing or other
work under this Contract will be performed by Independent Subcontractors. Prime Contractor and all
Independent Subcontractors shall be obligated to conform to all conditions of this Contract, the Texas
Transportation Code, the Texas Occupations Code, the Texas Towing Act, the Texas Department of
Transportation rules and regulations, the Texas Department of Licensing and Regulation rules and
regulations and all other applicable local, state and federal laws.
C. The Prime Contractor and all Independent Contractors agree to comply with all reasonable
rules and regulations established by the Chief of Police or his authorized representatives.
D. The Prime Contractor agrees to implement a plan to allow for the most efficient compliance with
all terms of the contract to include the 30-minute time limit imposed for service response.
II. DEFINITIONS
The following definitions shall apply to terms of this contract.
A. Prime Contractor – The primary contractor (TxTow Corp. dba Texas Towing), its tow truck
operators and drivers, employees, owners, or agents working under the wrecker service contract
with the City.
Attachment A

B. Independent Subcontractor – a subcontractor for specialized vehicle towing services, its tow truck
operators and drivers, employees, owners, or agents working at the direction of the Prime
Contractor and for specialized towing services.
C. Debris – Any substance or material at the scene of an accident or HazMat incident that was
deposited at the scene as a result of the accident or incident.
D. Department – The Alamo Heights Police Department,
E. Environmental Emergency – The release of any material that has the potential to create a hazard
to life, property, or the environment.
F. HazMat/Environmental Services Provider – A company regularly engaged in the business of
cleaning-up, removing, or disposing of HazMat materials in accordance with the law employed by
Prime Contractor for HazMat clean-up in connection with services under this contract.
G. HazMat Incident – Any incident involving the clean-up of hazardous materials not to include fuel
carried in tanks for use in the power unit of a vehicle.
H. HazMat Material – Any material defined as such by state or federal law. Any material in its current
state creating a public safety hazard or potential public safety hazard.
I. Heavy Duty Supervisor – A supervisor/manager having expert technical expertise, including but
not limited to, the recovery of vehicles requiring the use of a heavy-duty wrecker, other special
equipment, or involving recovery and clean-up in a hazardous materials environment.
J. Storage Lots – Fenced and secure facilities used for the storage of vehicles which have been
abandoned, have been involved in collisions, have been parked in violation of the law, have been
checked for evidence, and/or belong to prisoners.
K. Light-Duty Wrecker – A recovery wrecker with a minimum 15,000 lb. Gross Vehicle Weight
(“GVW”) with an 8,000 lb. crane power driven winch, wheel lift and driver.
L. Medium-Duty Wrecker – A wrecker with a minimum 26,000 lb. GVW with an 8 ton boom and two
(2) 12,000 lb. winches.
M. Motorcycle Dollies – device used on light-duty wreckers to haul motorcycles.
N. Owner – includes owner, operator, lessee, or person with legal right to possession.
O. Quality Control Program – Plans or procedures to maintain a degree or level of acceptable quality
in day-to-day operations.
P. Safety Program – A plan in which management, company and employee responsibilities for
safety is outlined and implemented. The plan should address safety rules, reporting procedures,
and training.
Q. Tow Truck Operator – A person employed by the Prime Contractor to tow under the contract with
the City. This term includes both Prime Contractor and Subcontractor wrecker drivers.
R. Weather Contingency Plan – Operational procedures which will be in effect during periods of
inclement weather.
Attachment A

III. TERM OF THE CONTRACT
The term of this Contract shall be for a period of three (3) years. Performance reviews shall occur after
twelve (12) months and twenty-four (24) months. If the performance reviews reflect satisfactory contract
performance, the City Manager, may, but is not obligated to, renew the Contract for two (2) additional
years with City Council approval. “Satisfactory contract performance” shall include, but not be limited
to, consideration of customer satisfaction, response time, safety, and training plans,
reasonableness of rates based on Attachment “A” of this Contract and market conditions for police towing
in the State of Texas and comparable cities, maintenance and required documents, and operation of the
Vehicle Storage Facility.
IV.SCOPE OF SERVICES
A. The Prime Contractor and Independent Contractors are required to comply with the terms and
conditions of this Contract for towing operations and shall comply with the Texas Towing Act, Texas
Transportation Code, Texas Department of Transportation rules, Texas Department of Licensing and
Regulation rules, Texas Occupations Code and all other applicable local, state and federal laws.
B. The Prime Contractor is required, at a minimum, to operate a state licensed vehicle storage
facility (“VSF”) at 422 Steves Ave., San Antonio, Texas (Bexar County) in compliance with the Texas
Towing Act, Texas Transportation Code, Texas Department of Transportation, Texas Department of
Licensing and Regulation, Texas Occupations Code and all other applicable local, state, and federal laws
that apply to the operation of the “VSF”. The Prime Contractor will be required to process all state required
records checks and notifications for stored vehicles, collect all appropriate fees and taxes, process
release of vehicles, establish chain of custody for vehicles held as evidence, and conduct the auction of
abandoned vehicles.
C. The “VSF” will be enclosed by a fence having a minimum height of six (6) foot and secured and
occupied at all times to prevent unauthorized access to the “VSF” and theft or vandalism of stored
vehicles. The “VSF” will be required to have sufficient illumination during hours of darkness to allow
visibility of stored vehicles and the safety of Alamo Heights Police Department personnel who may have a
need to examine a stored vehicle during hours of darkness.
D. The “VSF” shall have an adequate storage space available for the storage of vehicles impounded of
which a minimum of fifteen (15) shall be available for the use of vehicles towed under this contract for the
City of Alamo Heights. The Prime Contractor will provide for a separate enclosed and secured storage
area for vehicles to be processed for evidence.
E. The “VSF” will be attended by on-duty representatives of the Prime Contractor twenty-four (24)
hours a day, seven (7) days a week who conduct overall management, coordination and liaison with the
City. Authorized employees of the City will be allowed access to the “VSF” for official business purposes
twenty-four (24) hours a day, seven (7) days a week. Additionally, individuals attempting to claim vehicles
stored at the “VSF” will be escorted to the vehicle, when necessary, for the purpose of obtaining
identification, ownership and/or insurance documentation.
F. The Prime Contractor shall allow the release of stored vehicles twenty-four (24) hours a day,
seven (7) days a week to vehicle owners or their authorized representatives, leasees, lien holders, and
any other person authorized or presenting an official court order upon payment of all charges for towing
services, storage fees and applicable taxes. The Prime Contractor shall accept all forms of payment, to
include, major credit cards, debit cards, and electronic checks with proper identification. A schedule of
fees for all services shall be posted for public viewing or provided in writing to any person requesting
information regarding fees for towing and storage services.
Attachment A

G. The Prime Contractor will verify through the City any “hold” status prior to allowing access or
releasing a vehicle or property on which a “hold” has been placed by the Chief of Police or his
representative. The Prime Contractor will not allow access by any person to vehicles held in secure
storage areas for evidence processing except upon presentation of official identification as a sworn officer
of the Alamo Heights Police Department.
H. Stored vehicles not claimed by the end of the 20th day from the date of impoundment are
considered abandoned. The Prime Contractor will be responsible for the auction of abandoned vehicles in
compliance with the Texas Towing Act, Texas Transportation Code, Texas Department of Transportation,
Texas Department of Licensing and Regulation, Texas Occupations Code and applicable local, state, and
federal laws. The Prime Contractor will be solely responsible for the processing of all transfer documents
and other applicable documentation required by law. The City of Alamo Heights will not be responsible for
losses on towing charges for vehicles sold at auction.
I
. The Prime Contractor will have personnel available twenty-four (24) hours a day, seven (7) days
a week to receive requests for service from the police dispatcher. The Prime Contractor must be prepared
to respond to a call for service immediately and be on-scene within thirty (30) minutes after notification by
the police dispatcher. During periods of anticipated or on-going inclement weather, to include icing
conditions or flooding, and other disasters the Prime Contractor shall have sufficient tow service vehicles
staged in a reasonable proximity to the City to provide the required thirty (30) minute response.
J. The Prime Contractor will have available sufficient tow trucks having varying towing capacities
and qualified tow truck operators to provide towing services to the City twenty-four (24) hours a day,
seven (7) days a week. The Prime Contractor will have additional tow truck operators with take-home
vehicles on-call to respond to calls for service if conditions are anticipated to exceed the capability of
available on-duty equipment and drivers.
K
. All tow trucks will be equipped with dollies or car carrier skates, flags, flares, tire tools, fire
extinguisher, absorbent material, debris bucket, broom, shovel, and other tools reasonably necessary to
perform towing services as usually and customarily performed by tow trucks of such size. Tow trucks will
be capable of towing motorcycles or have a specialized towing device available for towing motorcycles.
L. Tow truck operators shall prepare a separate receipt for each vehicle verifying transportation
and/or storage of the vehicle(s). The tow truck operator will give one copy of the receipt to the sworn
officer on the scene and give one copy to the driver, owner or authorized agent of the vehicle. The receipt
will contain at least the following information:
1. Case number as assigned by the police dispatcher;
2. Prime Contractor assigned reference number;
3. Identification of the vehicle to include the license plate number and vehicle identification
number (VIN);
4. Identification of the towed vehicle driver/owner;
5. Date and time of the occurrence;
6. Loc ation of pick-up;
7. Destination of towed vehicle; and
8. Notation of a “hold” placed in the vehicle.
The sworn officer on the scene will prepare a towing/impound form for each vehicle towed and give one
(1) copy to the tow truck operator.
M. All vehicles towed under this contract will be towed directly to the Prime Contractor’s “VSF”
unless otherwise directed by the owner or operator on the scene and as written on the receipt. The tow
truck operator will not suggest to the owner or the person in-charge of such towed vehicle that the vehicle
be taken to any particular garage, repair shop or destination.
N. When a vehicle is towed to a place other than the “VSF”, the Prime Contractor will collect all
applicable fees associated with the recovery, towing, and clean-up of the accident scene, if applicable,
from the owner or person in charge of said vehicle. If the fee cannot be collected for any reason, the
vehicle will be towed directly to the Prime Contractor’s “VSF”. When the vehicle is towed to the Prime
Contractor’s “VSF”, the Prime Contractor will collect all applicable fees associated with the recovery,
Attachment A

towing, and clean-up of the accident scene, if applicable. Said fee will include the original fee plus any
applicable charges for additional mileage.
O. The Chief of Police or his authorized representative may authorize storage areas for the holding
of vehicles or for use during extreme mass towing incidents. Holding lots may not be used for prisoner
vehicles or vehicles held as evidence. Vehicles may not be left in a holding lot for more than four (4)
hours without approval from the Chief of Police or his authorized representative.
P. The Prime Contractor will use every means to resolve towing and/or storage fee disputes with the
vehicle owner or his authorized representative promptly and peacefully. The Prime Contractor may
negotiate fees if deemed appropriate by the Prime Contractor’s manager on-duty in order to resolve a
dispute. All reduced fees will be noted by the Prime Contractor on the monthly report submitted to the
City. Unresolved complaints will be forwarded to the Chief of Police in writing for his review and
recommendation. The written report will include the specific dispute and a description of all attempts by
the Prime Contractor to resolve the dispute.
Q. Tow truck operators, Prime Contactor’s and Subcontractor’s personnel shall comply with the
orders of the Chief of Police or his authorized representative related to the tow of vehicles under this
contract.
R. Tow truck operators, Prime Contractor’s and Subcontractor’s personnel shall comply with the
directions from police officers or firefighters in charge of a scene of an accident. At no time shall they
interfere with their efforts.
S. Driver Requirements:
1. Contractor shall complete and return to Alamo Heights Police Department a list of all
personnel and a personal history statement on each driver.
2. All wrecker service employees, who will be meeting with the public, shall be required to be
prompt and courteous at all times.
3. Wrecker Drivers under the contract will not operate any wrecker beyond 12 hours of any 18
hour period unless deemed an emergency.
V. HAZ-MAT CLEAN-UP
In the interest of public safety and in accordance with state laws, the Prime Contractor is responsible for
ensuring an accident scene is swept, cleaned and that all hazardous materials are appropriately removed
from the roadway, the City right-of-way, and where necessary, state right-of-way. Absorbent material will
be carried by all tow truck drivers for use on small amounts of fluids. A hazardous material/environmental
clean-up company shall be engaged by the Prime Contractor for clean-up, removal, and disposal of large
hazardous material spills when necessary. The determination of when such expertise is required and if
the clean-up is sufficient shall be subject to City review and the City’s determination will be final.
The owner or authorized agent of a vehicle owner may be allowed to provide the equipment and
personnel to clean-up debris or hazardous materials not requiring containment provided that the Prime
Contractor and City shall be released in writing from all obligations and liabilities for actions taken and
done by the owner or authorized agent of the vehicle in regard to such transaction at the time of the
decision to allow the owner or authorized agent of the vehicle to perform all necessary work.
Authorization shall be made by the Chief of Police or his authorized representative. The Prime Contractor
will retain responsibility for removal of vehicles.
VI. LICENSE REQUIREMENTS
A. The Texas Occupations Code, Title 14. Regulation of Motor Vehicles and Transportation as
administered by the Texas Department of Licensing and Regulation provides statutory requirements for
Attachment A

vehicle towing (Chapter 2308) and vehicle storage facilities (Chapter 2303). The Prime Contractor will
conform to all requirements and licensing regulations as set forth in these Chapters.
B. Effective October 1, 2023, the Prime Contractor will acquire and maintain a current incident
management towing permit for each tow truck allowed to perform any non-consent tow initiated by a
peace officer, including a tow authorized under Section 545.3051, Transportation Code. A tow truck
having an incident management towing permit may also be used for private property towing and consent
towing.
C. Effective October 1, 2023, the Prime Contractor will ensure all tow truck operators have a
current incident management towing operator’s license, have a valid Texas Driver’s License for the
classification of tow trucks assigned or operated, and is certified by the National Drivers Certification
Program for the Towing and Recovery Association of America or another certification program approved
by the Texas Department of Licensing and Regulation.
D. The Prime Contractor shall provide for the continuing education of each tow truck operator by a
person recognized by the Texas Commission of Licensing and Regulation to offer a continuing
education program. To renew an incident management towing operator’s license the first time, a license
holder must complete a professional development course related to towing that is licensed or certified by
the National Safety Council or another course approved and administered by the Texas Department of
Licensing and Regulation.
E. Effective October 1, 2023, the Prime Contractor has in place a drug testing policy for all tow truck
operators. The Prime Contractor may adopt the model drug testing policy adopted by the Texas Commission
of Licensing and Regulation designed to ensure the safety of the public through appropriate drug testing
and to protect the rights of employees. The adopted drug testing policy must require at least one (1)
scheduled drug test each year for each towing operator; and authorize random, unannounced drug
testing for operators.
F. Effective October 1, 2023, the Prime Contractor shall comply with the provisions set forth in
Chapter 2308 of the Occupations Code as administered by the Texas Department of Licensing and
Regulation for the criminal background check of each tow truck operator.
G. The Prime Contractor shall obtain and maintain a current vehicle storage facility license approved
and issued by the Texas Department of Licensing and Regulation as provided in Chapter 2303 of the
Occupations Code. Chapter 2303 also provides that a person may not work in a vehicle storage facility
unless the person holds a license under this chapter.
H. The Prime Contractor shall provide the Chief of Police copies of licenses for vehicle towing and
vehicle storage facilities upon renewal of those licenses. Licenses for tow truck operators and vehicle
storage facility employees shall be made available for examination by the Chief of Police or his authorized
representative during the Prime Contractor’s business office hours within forty-eight (48) hours of his
request.
VII. INSURANCE
A. The financial integrity of the Prime Contractor and Independent Subcontractors is very
important to the City, therefore all of them shall maintain in full force and effect for the duration of this
Contract, and any extension hereof, at their sole expense, insurance coverage written on an occurrence
basis, meeting or exceeding the required coverage amounts as set forth in applicable federal or state law
or statute and that is acceptable to the Chief of Police and approved by the City Manager.
B. The Prime Contractor and each subcontractor shall keep in force and maintain a garage liability
policy with a limit of liability not less than $250,000 naming the City as an additional named insured. If
mutually agreeable to all parties herein, Prime Contractor may elect to add any or each Independent
Subcontractor as an additional named insured to its policy or policies, in lieu of separate policies for each
Attachment A

party. The Prime Contractor and each Subcontractor shall maintain garage keeper’s coverage providing
comprehensive, specified causes of loss and collision coverage. Each towing vehicle must further provide
cargo, on-hook or similar type insurance intended to cover non-owned vehicles for third party liability.
Each such towing truck must carry a sublimit of cargo insurance in the amount of $50,000. All such
policies must endorse the City as additional named insured. All such policies must be increased to meet
or exceed limits requirements set forth in the Occupations Code, Chapter 2308, or so demanded by other
law.
C. Each vehicle used in towing operations under this contract must carry a minimum of $1,000,000
combined single limit coverage for Bodily Injury or Property Damage to be increased as necessary to
meet or exceed statutory or regulatory requirements. The Prime Contractor and Subcontractors expressly
agree to keep such policies in full force and effect for the duration of this contract or while qualified to
operate under this contract.
D. In the event of a claim against the Prime Contractor or an Independent Subcontractor, it is
expressly understood, and such policies shall expressly provide, that neither the Prime
Contractor nor Independent Subcontractor nor their insurers will seek to avoid liability on the grounds
that the Prime Contractor or Independent Subcontractor was engaged in the exercise of a governmental
function.
E. Any lapse in the required insurance may be cause for an immediate suspension of operations
under this contract for the offending Prime Contractor or Independent Subcontractor. Any cost, expenses or
liabilities incurred during such lapse or suspension are to be borne in their entirety by the offending
Prime Contractor or Independent Subcontractor.
F. All insurance policies required in this contract shall name the City as an additional named insured
without qualification. In this connection, the Prime Contractor and each Independent Subcontractor shall
deposit with the Chief of Police, proof of insurance / certificates of insurance, issued by a responsible
insurance company or companies authorized to do business in the State of Texas, that the Prime
Contractor and each Independent Subcontractor shall have the insurance policies required herein in full
force and effect. Each such policy shall contain an endorsement providing for thirty (30) days prior notice
to the City and Prime Contractor in the event of a cancellation or material change in said policy.
Independent Subcontractor policies hereunder shall name the Prime Contractor as well as the City as an
additional named insured and a copy of a certificate of insurance or Independent Subcontractors shall send
evidence of insurance complying with this contract to the Prime Contractor. The Prime Contractor shall
then forward a copy of same to the Chief of Police.
G. The City of Alamo Heights shall be named as a certificate holder in all insurance policies provided
for herein other than worker’s compensation. If Prime Contractor or Independent Subcontractor elect
to carry workmen’s compensation and employer’s liability, all policies must be endorsed to provide a waiver
of subrogation in favor of the City.
H. No personal injury coverage shall have a personal injury deductable.
VIII. REPORT OF DAMAGE
The City shall forward all complaints received concerning damage or loss to the Prime Contractor. Upon
receiving a complaint concerning claimed damage to a vehicles or it contents for a vehicle towed by the
Prime Contractor or any Independent Subcontractor, the Prime Contractor shall:
A. Investigate the complaint and determine responsibility for the claimed damage or loss. If the
Prime Contractor determines the complaint is unfounded or the tow truck operator or an employee is not
responsible for the damage or loss, no communication with the complainant is necessary, but the Prime
Contractor shall submit a decision in writing to the Chief of Police within fifteen (15) days of receiving the
complaint.
Attachment A

B. If the Prime Contractor determines the Prime Contractor, an Independent Subcontractor, a tow
truck operator or an employee is responsible for the damage or loss, the Prime Contractor or Independent
Subcontractor shall contact the complainant and make arrangements to cover the damage or loss within
thirty (30) days thereafter.
C. The Prime Contractor or Independent Subcontractor determined to be responsible for the
damages through its tow truck operators or employees shall submit a written report to the Chief of Police
within fifteen (15) days after receipt of the complaint. Such report shall contain all facts pertinent to the
claim or complaint presented including contact with the complainant and the arrangements made or suggested
to resolve the complaint.
D. The Prime Contractor and Independent Subcontractors expressly assume reasonable care
responsibility and liability for all such vehicles in its care, including all equipment and contents thereof,
and agrees to provide for the defense, indemnify and hold harmless the City against all claims for
damages to vehicles under its control. Independent Subcontractors hereby expressly assume full
responsibility and liability for all such vehicles in their care, including all equipment and contents thereof, and
agrees to provide for the defense, indemnify and hold harmless Prime Contractor against all claims for
damages to vehicles under its control.
IX. INDEMNITY
PRIME CONTRACTOR covenants and agrees to FULLY INDEMNIFY and HOLD HARMLESS, the CITY
and the elected officials, employees, officers, directors, volunteers and representatives of the CITY,
individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses,
fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and
nature, including but not limited to, personal or bodily injury, death and property damage, made upon the
CITY directly or indirectly arising out of, resulting from or related to PRIME CONTRACTOR’s activities
under this CONTRACT, including any acts or omissions of PRIME CONTRACTOR, any agent, officer,
director, representative, employee, consultant or subcontractor of PRIME CONTRACTOR AND
INDEPENDENT SUBCONTRACTORS and their respective officers, agents, employees, directors and
representatives while in the exercise of performance of the rights or duties under this CONTRACT, all
without however, waiving any governmental immunity available to the CITY under Texas Law and without
waiving any defenses of the parties under Texas Law. IT IS FURTHER COVENANTED AND AGREED
THAT SUCH INDEMNITY SHALL APPLY EVEN WHERE SUCH COSTS, CLAIMS, LIENS, DAMAGES,
LOSSES, EXPENSES, FEES, FINES, PENALTIES, ACTIONS, DEMANDS, CAUSES OF ACTION,
LIABILITY AND/OR SUITS ARISE IN ANY PART FROM THE NEGLIGENCE OF CITY, THE ELECTED
OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, VOLUNTEERS AND REPRESENTATIVES OF
CITY, UNDER THIS CONTRACT. HOWEVER, THE SCOPE OF INDEMNITY IMPOSED ON PRIME
CONTRACTOR BY THIS AGREEMENT DOES NOT EXTEND TO ACTIONS TAKEN BY PRIME
CONTRACTOR OR ITS AGENTS IN DIRECT RESPONSE AND IN COMPLIANCE WITH ORDERS AND
DIRECTIONS GIVEN TO PRIME CONTRACTOR AND ITS AGENTS BY THE CHIEF OF POLICE OR
HIS REPRESENTATIVE OR SENIOR FIREFIGHTERS IN CONTROL OF AN ACCIDENT SCENE.
It is the EXPRESS INTENT of the parties to this CONTRACT, that the INDEMNITY provided for in this
section, is an INDEMNITY extended by PRIME CONTRACTOR to INDEMNIFY, PROTECT and HOLD
HARMLESS, the CITY from the consequences of the CITY'S OWN NEGLIGENCE, provided however,
that the INDEMNITY provided for in this section SHALL APPLY only when the NEGLIGENT ACT of the
City is a CONTRIBUTORY CAUSE of the resultant injury, death, or damage, and shall have no
application when the negligent act of the City is the sole cause of the resultant injury, death, or damage.
PRIME CONTRACTOR further AGREES TO DEFEND, AT ITS OWN EXPENSE and ON BEHALF OF
THE CITY AND IN THE NAME OF THE CITY, any claim or litigation brought against the CITY and its
elected officials, employees, officers, directors, volunteers and representatives, in connection with any
such injury, death, or damage for which this INDEMNITY shall apply, as set forth above.
However, given the industrial character, history, and intended use of the VSF, subject of this RFP, the
foregoing contributory cause provision shall not relieve the PRIME CONTRACTOR of the obligation to
fully indemnify, defend, and hold harmless the CITY and all those persons recited above, according to the
Attachment A

foregoing paragraphs, when the claim, demand, criminal or civil action, regulatory enforcement action,
demand or direction for remediation is brought by an environmental regulatory agency or division, local,
state, or federal, in which case THE SELECTED PRIME CONTRACTOR SHALL INDEMNIFY, DEFEND,
AND HOLD HARMLESS THE CITY, ITS ELECTED OFFICIALS, EMPLOYEES, OFFICERS,
DIRECTORS AND REPRESENTATIVES, FOR THE CITY’S ALLEGED OR PROVEN NEGLIGENCE
EVEN WHEN THE CITY’S SOLE NEGLIGENCE MAY BE ALLEGED OR PROVEN.
The provisions of this INDEMNIFICATION are solely for the benefit of the parties hereto and not intended
to create or grant any rights, contractual or otherwise, to any other person or entity.
PRIME CONTRACTOR shall advise the CITY in writing within 24 hours of any claim or demand against
the CITY or PRIME CONTRACTOR known to PRIME CONTRACTOR related to or arising out of PRIME
CONTRACTOR’s activities under this contract, and shall see to the investigation and defense of such
claim or demand at PRIME CONTRACTOR’s cost. The CITY shall have the right, at its option and at its
own expense, to participate in such defense without relieving PRIME CONTRACTOR of any of its
obligations under this paragraph.
X. FEE SCHEDULE
Approved charges and fees for towing and impound services are provided in Attachment A of this
contract. The Prime Contractor and subcontractors will apply the approved fees listed in Attachment A
when determining charges for towing and impound services provided under this contract.
Towing charges for vehicles having a GVW of 10,001 lbs. or less will be for hook-up and transport only.
Fifteen (15) minutes after arrival on-scene, hourly rates for labor and/or waiting time will be charged, pro-
rated in one half (1/2) hour increments, in addition to the tow charge.
XI. REPORTING REQUIREMENTS
The Prime Contractor shall provide a monthly accounting report to the City no later than the last day of
the following month for the previous month’s towing, impound/storage, and auction activities resulting from
any provision of this contract.
XII. PAYMENTS AND DISCOUNTS
A. The Prime Contractor agrees to pay twenty percent (20%) to the City for all fees collected
relating to the towing of non-City owned vehicles and all labor charges associated with the towing of
non-City owned vehicles. The following exceptions do not apply:
1 . fuel charges;
2 . independent sub-contracted services other than towing;
3 . owner / lien holder notification fees; and
4 . taxes
B.. The Prime Contractor will pay ten dollars ($10) per day for the first five (5) days of storage after a
hold authorized by the City is released.
C.. The Prime Contractor will pay a commission of fifteen percent (15%) of the proceeds above one-
thousand dollars ($1000) for vehicles impounded sold at auction on the City’s behalf.
D. The Prime Contractor agrees to collect a fifty dollar ($50) administrative fee on behalf of the
City for all towing and impoundment incidents directed by City police officers which will be passed
through to the City prior to the last day of the month in which the administrative fee was collected
and at the time other fees are paid to the City.
Attachment A

E. Any fees or charges for towing or storage of City owned vehicles shall be documented on the
monthly report and may be deducted from the agreed percentage of fees collected for towing and
impound services rendered to the City.
XIII. FINANCIAL RECORDS
The Prime Contractor shall maintain, in Bexar County, books and records reflecting operations hereunder
in accordance with generally accepted accounting principles. Such books and records, together with any
other documentation necessary for the verification of the Prime Contractor’s compliance with the terms of the
Vehicle Towing and Storage Contract, shall be made available to the City’s authorized representatives
during regular business hours upon forty-eight (48) hours notice. The City’s authorized representative
shall have the right to conduct an audit, examine and make excerpts of transcripts from said books, records,
documentation to verify the Prime Contractor’s compliance with the terms of the Vehicle Towing and Storage
Contract.
XIV. PAYMENT OF TAXES
The Prime Contractor agree to pay to the appropriate collecting authority all Federal, State and Local
taxes and fees which are now or may hereafter be imposed upon the Prime Contractor and Independent
Subcontractors or their business, and to maintain in current status of all Federal, State and Local
licenses and permits required for the operation of the business conducted by the Prime Contractor and
Independent Subcontractors. Failure to do so will result in termination of authority to operate under the
City contract.
XV. TERMINATION
The City reserves the right to terminate this Contract in whole or in part with or without cause upon thirty
(30) days written notice or immediately upon breach of any term or provision of this Contract by Prime
Contractor. If at any time during the term of this Contract, Prime Contractor shall fail to commence the
work in accordance with the provisions of the Contract or fail to diligently provide services in an efficient,
timely and careful manner and in strict accordance with the provisions of this Contract, or fail to use an
adequate number or quality of personnel or equipment to complete the work or fail to perform any of its
obligations under this Contract, City shall have the right, if Prime Contractor shall not cure any such
default after thirty (30) days written notice thereof, to terminate this Contract in whole or in part and
complete the work in any manner it seems desirable, including in engaging in the services of other parties
therefor. Any such act by City shall not be deemed a waiver of any other right or remedy of the City. If
after exercising any such remedy, the cost to the City of the performance of the balance of the work is in
excess of that part of the agreement sum, which has not heretofor been paid to Prime Contractor
hereunder, Prime Contractor shall be liable for and shall reimburse City for such excess. If any state or
federal law or regulation is enacted or promulgated which prohibits the performance of any of the duties
hereunder, or if any law is interpreted to prohibit such performance, this Contract shall automatically
terminate as of the effective date of such prohibition.
Notwithstanding the foregoing, City may terminate this Contract without cause after ninety (90) days
written notice of such termination.
XVI. NON-ASSIGNMENT
The Prime Contractor shall not directly or indirectly, assign, sell, hypothecate or otherwise transfer this
contract or any provision thereof without the prior written consent of the City, which may be given only by
or pursuant to a resolution enacted by City Council.
Attachment A

XVII. TEMPORARY WRECKER SERVICES
The City reserves the right to utilize other towing service providers on a temporary basis in the following
instances:
A. Failure of Prime Contractor to maintain its insurance policies provided herein.
B. Failure of Prime Contractor dispatched wreckers to arrive at a call within thirty (30) minutes of a
request for a tow truck by the police dispatcher.
C. The occurrence of a flood or equivalent emergency.
D. Failure of Prime Contractor to perform hereunder to the satisfaction of the City.
XVIII. ATTORNEY FEES
In the event the City must bring any action under this agreement, and the City prevails in said action, then
the City shall be entitled to recover from the Prime Contractor reasonable attorneys’ fees incurred as a
result of said action.
XIX. CITY ETHICS ORDINANCE REQUIREMENT
Prime Contractor must disclose if they are associated in any manner with a City official or employee in a
business venture or business dealings. Failure to do so will constitute a violation of the City of Alamo
Heights Code of Ethics and Conduct Ordinance 1686. To be “associated” in a business venture or
business dealings includes being in a partnership of joint venture with an officer or employee, having a
contract with the officer or employee, being joint owners of a business or having an established business
relationship, as client or customer.
XX. ENTIRE AGREEMENT
It is understood and agreed that this instrument, and the attachments hereto which are incorporated by
reference as if set forth herein, contain the entire agreement between the parties hereto. The City has
made no representations or promises with respect to this Contract or the making or entry into this
Contract, except as in this Contract expressly set forth and that no claim or liability or cause for
termination shall be asserted by Prime Contractor against City and City shall not be liable by reason of,
the breach of any representations or promises not expressly stated in this agreement, any other written or
prior agreement with the City being expressly waived by Prime Contractor, it being understood that the
City requires all agreements with the City to be in writing and adopted by an ordinance.
The individuals executing this Contract warrant that they have full authority to execute the Contract on
behalf of the entity for who they are acting herein.
EXECUTED this 28th day of August, 2023.
CITY OF ALAMO HEIGHTS: TxTOW Corp. dba TEXAS TOWING:
By: By:
Name: Buddy Kuhn Name: Jeff Kothman
Title: City Manager Title: President
Attachment A

Fee schedule for public towing and other associated fees applicable to the removal, storage, or
auction of wrecked, junked, and impounded vehicles or other equipment:
Vehicle weight 10,001 lbs. GVW or less $ 250.00 per vehicle
Vehicle weight between 10,001 lbs. and 26,000 lbs.
GVW
$ 375.00 per hour
Vehicle weight over 26,000 lbs. GVW $ 600.00 per hour
Motorcycles $300.00 per motorcycle
Trailers under 10, 001 lbs. GVW
Trailers between 10,0001 and 26,000 lbs. GVW
Trailers over 26,000 lbs. GVW
$ 250.00 per trailer
Use of dollies or car carrier skates $ 50.00 per dollie/carrier
Mileage charges ≤ 10,000 lbs $4.00 per vehicle after 10 miles
Mileage charges ≥ 10,001 lbs. $8.00 per vehicle per mile
Labor (pro-rated on 1/2 hour increments) $ 300.00 per hour
Storage fee (passenger car / light-duty trucks) $ 21.03 per calendar day
Owner/lien holder notification fee in compliance with
VSF statutes
$ 50.00 per vehicle
Storage fee for large vehicles (vehicles with more than
three axles or vehicles with trailer in tandem)
$ 36.80 per vehicle per day
Winching service $250.00 per hour
Rollovers 10,001 lbs GVW or less
Vehicle weight between 10,001 lbs. and 26,000 lbs.
GVW
Vehicle weight over 26,000 lbs. GVW
$250.00 per rollover
Other applicable fees or discounts $50.00 per driveshaft removal
Heavy duty equipment supervisor $275.00 per hour
Heavy duty rotator vehicle $800.00 per hour
Law Enforcement Fee $50.00 per impound
Storage fees, impound fees, storage fees for large
vehicles Subject to change when state rates changes
* Hazmat or rental equipment Cost + 15% per invoice
Fee Schedule for City Owned/Impounded Vehicles
Mileage fee - $4.00 per mile after 15 miles free
$8.00 per mile after 15 miles free
Vehicles ≤ 10,000 lbs
Vehicles ≥ 10,001 lbs
* Haz-Mat remediation cost does not include the cost of material disposal. Cost varies by the type of
material and the amount of material.
Attachment A

Attachment B
RESOUTION NO. 2023R - 166
A RESOLUTION AWARDING A THREE YEAR CONTRACT TO
TXTOW CORP. DBA TEXAS TOWING FOR VEHICLE TOWING AND
STORAGE SERVICE AND AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID CONTRACT AND HAVING AN EFFECTIVE
DATE.
WHEREAS, in 2023 the City of Alamo Heights (“City”) advertised for proposals from
qualified towing companies to provide vehicle towing and storage services and based on the
evaluations and past performance of Texas Towing, the City determined that TxTow Corp.
dba Texas Towing is the best qualified to provide vehicle towing and storage services for the
City of Alamo Heights; and
WHEREAS, Section III of the Contract allows for a three (3) year term with a two year option
if performance reviews indicated satisfactory contract performance by Texas Towing; and
WHEREAS, the City has enjoyed an exceptional relationship since 2018 with Texas Towing
who has fulfilled all the provisions of the Contract and the scheduled inspections of the storage
facility has confirmed Texas Towing meets or exceeds all requirements of the existing contract
in force and oversight regulatory agencies, to include the Texas Transportation Code, Texas
Occupations Code, Texas Towing Act, Texas Department of Transportation, and the Texas
Department of Licensing and Regulation;
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALAMO
HEIGHTS, TEXAS:
SECTION 1. AUTHORIZATION. The City Council authorizes the City Manager to negotiate
and execute a contract with TxTow Corp. dba Texas Towing for three (3) years, expiring
on July 30, 2026 with a two (2) year option to provide towing services in the City in
order to remediate accident scenes and remove vehicles from roadways to prevent the obstruction
of traffic and traffic hazards.
SECTION 2. PUBLIC PURPOSE. The City Council finds the Resolution is in the public
interest and is necessary for the good governance of the City and to protect the health, safety and
good order of its citizens.
SECTION 3. INCORPORATING RECITALS. The City Council finds the recitals contained
in the preamble to this ordinance are true and correct and incorporates them as findings of fact.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
Resolution is for any reason held to be unconstitutional or illegal, such decision shall not affect
the validity of the remaining sections of this Resolution.
SECTION 5. EFFECTIVE DATE. This Resolution shall be effective upon approval by the City
Council.

Attachment B
RESOLVED in Alamo Heights, Texas, this the 28th day of August, 2023.
BOBBY ROSENTHAL, MAYOR
ATTEST:
ELSA T. ROBLES, CITY SECRETARY
APPROVED AS TO FORM:
FRANCISCO J. GARZA, CITY ATTORNEY

Item # 10 - TxTow Corp. Contract

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