HomeMy WebLinkAbout10857 ORD - 05/17/1972JRR:HG:Jkh:4- 5- 72;'1st '
TEXAS:
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER
INTO A CONTRACT FOR OPERATION OF THE CITY CAR POUND WITH
R. C. WRECKER SERVICE IN ACCORDANCE WITH THE ATTACHED
EXHIBIT "A ", WHICH IS MADE A PART HEREOF THE SAME AS
IF WRITTEN HEREIN.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be and he is hereby authorized
and directed to enter into a contract for operation of the City Car Pound
with R. C. Wrecker Service in accordance with the attached Exhibit "A ",
which is made a part hereof the same as if written herein.
10857
JRR /HG /Mc 4/5/72 1ST ,
THE STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES )
WHEREAS, THE CITY OF CORPUS CHRISTI ADVERTISED BIDS FOR THE OPERA-
TION OF AN IN— AND —OUT CITY VEHICLE POUND, SAID BIDS TO BE OPENED ON TUESDAY,
MARCH 7, 1972; AND
WHEREAS, R. C. WRECKER SERVICE WITH THEIR BID OF THREE AND 50 /I00
DOLLARS 03,50) PER CAR MADE THE BEST BID TO THE CITY; AND
WHEREAS, THE CITY COUNCIL ON , '19_ APPROVED
THE AWARDING OF THE BID TO SAID R. C. WRECKER SERVICE;
..: NOYJO,: THEREFE)RE,,* t)OE$-- THEtGk -LY- OF tGORRUS,aCHR.I ST.L, +'A `MUN,I CJ PAL
CORPORATION AND BODY POLITIC, HEREINAFTER REFERRED TO AS "CITY ",AND R. C.
WRECKER SERVICE, NUECES COUNTY, TEXAS, HEREINAFTER REFERRED TO AS "CONTRACTOR ",
FOR AND IN CONSIDERATION OF THE PAYMENTS AND UNDERTAKINGS SET FORTH HEREIN
DO HEREBY COVENANT, CONTRACT AND AGREE AS FOLLOWS:
I
CONTRACTOR AGREES TO PICK UP, REDUCE TO POSSESSION AND IMPOUND
ANY, EACH AND-ALL-MOTOR VEHICLES CERTIFIED TO IT-FOR IMPOUNDMENT BY THE CITY
ACTING BY AND THROUGH ITS CITY MANAGER OR ITS DULY AUTHORIZED REPRESENTATIVE.
THE CARS CERTIFIED UNDER THESE CONTRACTS WILL BE THOSE STOLEN, ILLEGALLY
PARKED OR OTHER EMERGENCY VEHICLES THAT ARE TO BE PICKED UP AND REMOVED FROM
THE STREETS OF CORPUS CHRISTI AND IMPOUNDED IN THE REGULAR COURSE OF POLICE
BUSINESS IN ACCORDANCE WITH APPLICABLE LAWS AND ORDINANCES.
II
CONTRACTOR AGREES TO PAY THE CITY THREE AND 50/100 DOLLARS ($3,50)
FOR EACH CAR IMPOUNDED PURSUANT TO THIS CONTRACT.
III
THE CITY WILL FURNISH A STORAGE AREA APPROXIMATELY 125 FEET WIDE
BY 90 FEET DEEP, LOCATED ON MASSEY STREET (PER ATTACHED MAP WHICH IS HEREBY
INCORPORATED HEREIN). THE AREA WILL BE PROVIDED WITH A 6 FOOT FENCE WITH
3 STRAND BARBED WIRE. SURFACE AREA WILL BE SHELLED AND FOUR (4) 20,000 LUMEN
LIGHTS WILL BE INSTALLED. THE AREA WILL BE PROVIDED WITH TWO DOUBLE GATES.
NO HOUSING FACILITIES (GUARD HOUSE) WILL BE PROVIDED. THE CONTRACTOR SHALL
STAFF AND OPERATE THIS FACILITY ON A 24 HOUR PER DAY, SEVEN DAYS PER WEEK BASIS.
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IV
THE CONTRACTOR SHALL PICK UP AND REMOVE TO THIS AREA ALL VEHICLES
THAT ARE SPECIFIED BY THE POLICE DIVISION IN ACCORDANCE WITH PARAGRAPH I
ABOVE. ANY VEHICLES OF AN EMERGENCY NATURE (STALLED ON EXPRESSWAYS ETC.)
THAT CONTRACTOR CANNOT HANDLE IN TIME REQUIRED BY THE POLICE DIVISION, WILL
BE PICKED UP BY THE -CITY ROTATING WRECKER SERVICE. THE CONTRACTOR WILL Be
CHARGED BACK FOR THESE CALLS. OWNERS REDEEMING THEIR VEHICLE WILL BE REQUIRED
TO PAY THE NORMAL WRECKER FEE AND DAILY STORAGE CHARGE IN ACCORDANCE WITH
THE SCHEDULE IN SECTION 33A -7, CORPUS CHRISTI CITY CODES 1958, AS AMENDED.
V
THE CITY WILL RETURN ALL STOLEN VEHICLES AND THOSE IMPOUNDED IN
ERROR AT NO CHARGE PROVIDED THE OWNER SHALL PICK UP WITHIN SEVEN DAYS AFTER
NOTIFICATION BY THE POLICE. THE CONTRACTOR WILL BE REIMBURSED BY THE CITY
FOR VEHICLES IN THIS CATEGORY. IT IS EXPECTED THAT VEHICLES REMAINING IN
THIS LOT FOR SEVEN DAYS WILL BE REMOVED (BUT ONLY BY POLICE INSTRUCTIONS)
AND TRANSFERRED TO THE ABANDONED VEHICLE YARD. ORIGINAL PICK -UP AND STORAGE
CHARGES WILL BE REIMBURSABLE TO THE CONTRACTOR BY THE CITY.
VI
THE POLICE DIVISION WILL PERFORM ALL FUNCTIONS RELATING TO NOTI-
FICATION OF OWNER AND LIEN HOLDERS. CONTRACTOR SHALL FILL OUT AN INVENTORY
IN TRIPLICATE ON EACH CAR. THIS FORM WILL IDENTIFY THE VEHICLE AND LIST (OR
CHECK) ALL ITEMS AND PARTS ON THE VEHICLE (RADIOS AIR CONDITIONER, MOTOR
TRANSMISSION, ETC.). ONE COPY WILL BE RETAINED BY CONTRACTOR, ONE BY POLICE
AND ONE BY FINANCE.
VII
THE POLICE WILL DIRECT ONLY MOVABLE VEHICLES TO THIS LOT SPECIFICALLY
FOR THE PURPOSE OF BEING ABLE TO MOVE ABOUT AND CLEAR ANY AREA IN ORDER THAT
ANY IMPOUNDED VEHICLE CAN BE RELEASED AT ANY HOUR AS INSTRUCTED BY THE POLICE.
IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO KEEP IN CLOSE CONTACT
WITH THE POLICE AND ADVISE THEM OF ANY VEHICLES THAT ARE DUE TRANSFER TO
ABANDONED YARD.
VIII
THE CONTRACTOR WILL BE REQUIRED TO FURNISH PERFORMANCE BOND IN
THE AMOUNT OF THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500) IF BID IS AWARDED
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ON A PER CAR BASIS. CONTRACTOR WILL BE SOLELY RESPONSIBLE FOR VEHICLE IN
HIS CUSTODY (FROM PICK -UP UNTIL RELEASE).
IX
THE CONTRACTOR SHALL FURNISH CERTIFICATES OF INSURANCE COVERAGE
IN THE FOLLOWING AMOUNTS:
1) WORKMEN'S COMPENSATION
2) PUBLIC LIABILITY:
A) BODILY INJURY $100,000 - $300,000
B) PROPERTY DAMAGE $ 50,000 - $700,000
3) AUTO LIABILITY: -
-+ A). <x(3OD I LY'Ll NJURY .'s'Yj 00, 000 w'- "Ooj:000
B) PROPERTY DAMAGE $ 50,000
THIS COVERAGE IS TO INCLUDE CARS AND TRUCKS OWNED, RENTED, HIRED OR LEASED,
AND OTHERS OF NON- OWNERSHIP NATURE USED BY EMPLOYEES IN AND AROUND OR IN
CONNECTION WITH THE PARTICULAR CONTRACT.
4) PUBLIC LIABILITY - CONTRACTOR'S PROTECTIVE:
A)_ BODILY INJURY $100,000 - $300,000
B) PROPERTY DAMAGE $ 50,000 - $100,000
THE CERTIFICATES TO THE ABOVE INSURANCE POLICIES MUST -BE APPROVED BY THE
CITY ATTORNEY AND BE FILED WITH THE CITY SECRETARY PRIOR TO THE ISSUANCE OF
A WORK ORDER ON THE CONTRACT.
X
TERMS OF CONTRACT: THE CONTRACT WILL BE FOR A TERM OF TWO YEARS
FROM THE DATE OF EXECUTION AND MAY BE RENEWED ON A YEARLY BASIS AT THE CITY'S
OPTION PROVIDED THE CONTRACTOR SHALL SUBMIT A WRITTEN REQUEST FOR RENEWAL
NOT LESS THAN 60 DAYS PRIOR TO EXPIRATION.
XI
THIS CONTRACT MAY BE CANCELLED BY EITHER PARTY FOR JUST CAUSE BY
GIVING THE OTHER PARTY A SIXTY (6O) DAY WRITTEN NOTICE.
XII
THE CITY AGREES TO INDEMNIFY AND HOLD HARMLESS THE CONTRACTOR
AGAINST ANY AND'ALL CLAIMS AGAINST THE CONTRACTOR FOR WRONGFULLY IMPOUNDING
ANY MOTOR VEHICLE WHICH THE CONTRACTOR TOOK INTO CUSTODY PURSUANT TO AUTHORIZA-
TION BY THE CITY. IT IS UNDERSTOOD AND AGREED, HOWEVER, THAT CONTRACTOR SHALL
HAVE NO RIGHT OR CLAIM AGAINST THE CITY FOR INDEMNITY OR CONTRIBUTION BY VIRTUE
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JRR /HG /MC 4/5/72 1ST
OF ANY CLAIMS SUIT OR JUDGMENT AGAINST THE CONTRACTOR ARISING OUT OF THE
NEGLIGENCE, WANT OF CARE OR NEGLECT, OR INTENTIONAL CONDUCT OR WILFUL AND
WANTON CONDUCT OF THE CONTRACTORS ITS AGENTS AND EMPLOYEES WHILE PERFORMING
ANY OF THE ACTS CALLED FOR IN THIS AGREEMENT, NOR SHALL THE CONTRACTOR HAVE
ANY CLAIM FOR INDEMNITY OR CONTRIBUTION WHEREIN THE CONTRACTORS LIABILITY
ACCRUES BY VIRTUE OF HAVING IMPOUNDED A MOTOR VEHICLE WITHOUT PRIOR AUTHORITY
FROM THE CITY TO DO SO.
xiii
MISCELLANEOUS PROVISIONS AND DEFINITIONS
A. THE CONTRACTOR HEREBY GRANTS TO THE CITY AND ITS AGENTS THE
RIGHT TO COME ONTO THE CONTRACTORS PROPERTY WHERE THE IMPOUNDED MOTOR
VEHICLES ARE STORED FOR REDEMPTION OR SALE, FOR THE PURPOSE OF INSPECTING
SUCH MOTOR VEHICLES AND PREMISES TO ASCERTAIN WHETHER OR NOT THE PROVISIONS
AND REQUIREMENTS OF THIS CONTRACT ARE BEING FULFILLED.
B. THE TERM "CITY MANAGER" OR "CITY MANAGER OF THE CITY OF CORPUS
CHRISTI, TEXAS " -AS USED HEREIN SHALL BE CONSTRUED TO MEAN THE PRESENT CITY
MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS; OR HIS SUCCESSORS IN OFFICE OR
HIS DELEGATES, AND WHENEVER THIS AGREEMENT AUTHORIZES THE CITY MANAGER TO
PERFORM OR REFUSE TO PERFORM ANY ACT; SUCH AUTHORITY SHALL ALSO BE VESTED
IN THE SUCCESSORS AND DELEGATES OF THE CITY-MANAGER PROVIDED THAT ONLY THE
PERSON ACTUALLY OCCUPYING THE POSITION OF CITY MANAGER OF THE CITY OF CORPUS
CHRISTI TEXAS, MAY RENEW THIS CONTRACT AS PROVIDED HEREIN.
C. CONTRACTOR SHALL HAVE NO RIGHT, TITLE OR INTEREST IN THE MOTOR
VEHICLES CONTRACTOR IMPOUNDS AND HOLDS FOR REDEMPTION OR SALE OTHER THAN A
POSSESSORY LIEN PROVIDED IN SECTION 33A -6 OF THE CORPUS CHRISTI CITY CODE
OF 1958, AS AMENDED. CONTRACTOR SHALL BE DEEMED AN INDEPENDENT CONTRACTOR
AND NOT THE AGENT, SERVANT OR EMPLOYEE OR LICENSEE OF THE CITY FOR ALL PURPOSES.
CONTRACTOR IS REQUIRED TO PROVIDE ALL REQUIRED INSURANCE AND BONDS AND WORK-
MEN'S COMPENSATION INSURANCE AT HIS OWN EXPENSE AND SHALL HAVE NO CLAIM AGAINST
THE CITY FOR ANY EXPENSES INCURRED BY CONTRACTOR IN OBTAINING SUCH INSURANCE
AND BONDS FOR ANY EXPENSES INCURRED IN IMPOUNDING HOLDING OR SELLING THE
AFORESAID IMPOUNDED MOTOR VEHICLES.
D. THE CONTRACTOR SHALL ABIDE WITH AND BE BOUND BY ALL APPLICABLE
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STATUTES AND ORDINANCES AND SHALL IN NO WAY BE RELIEVED OF THE 14ECESSITY
TO COMPLY THEREWITH BY THIS CONTRACT.
XIV
NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CONTRACT, CONTRACTOR
WILL BE SOLELY LIABLE FOR ANY DAMAGE OR LOSS WHATSOEVER OCCURRING ON ANY
MOTOR VEHICLE FROM THE TIME OF PICK -UP UNTIL RELEASE AND AGREES TO HOLD
HARMLESS AND INDEMNIFY THE CITY FROM ANY AND ALL, EACH AND EVERY CLAIM, SUIT
OR JUDGMENT ARISING OUT OF DAI4AGE OR LOSS TO ANY VEHICLE WHILE IN THE CARE
AND CUSTODY OF CONTRACTOR AND TO DEFEND ANY AND ALL SUCH CLAIMS, SUITS OR
JUDGMENTS WHATSOEVER.
EXECUTED IN DUPLICATE ORIGINALS THIS THE DAY OF
, 1972 AT CORPUS CHRISTI, TEXAS.
ATTEST:
CITY SECRETARY
APPROVED:
DAY OF , 1972:
CITY ATTORNEY
CITY OF CORPUS CHRISTI, TEXAS
BY
CITY MANAGER
R. C. WRECKER SERVICE
BY
TITLE
THAT THE FOREGOING ORDINANCE'/ eWAS READ F94% �- THEE_,FIIRST TIME AND PASSED
TO ITS SECOND READING ON THIS THE /oZ k- DAY OF_ BY THE
FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THAT THE FOREGOING O111)17 I,C,� IJAS READ
TO ITS THIRD READING ON THIS THE L�� DAY OF
FOLLOWING VOTE:
Ell
SECOND TIME AND PASSED
__, J9 /1 , BY THE
BONNIE SIZEMORE [&"
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THAT THE FOREGOING OROINAN E WAS READ FOR ��77THE THIRD TIME AND PASSED
FINALLY ON THIS THE�/X-NL/ DAY OFGVj9/;/ , BY THE FOLLOWING VOTE:
BONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALE
GABE LOZANO, SR.
J. HOWARD STARK
PASSED AND APPROVED, THIS THE
ATTEST:
c
Cl SECRE ARY
APPROVED:
DAY OF 7
Z 1 9 ti .
&aeu�
4-;v7CITY ATTORNEY "