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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. JRR/HG/Mc 4/5/72 1ST 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 -2- JRR/HG/Mc 4/5/72' 1sT 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 -3- 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 -4- JRR/HG/Mc 4/5/72 1ST 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 "