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HomeMy WebLinkAbout11221 ORD - 12/27/1972JRR:HG:jkh:12- 23 -7 ?; 2nd AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR OPERATION OF THE IN- AND -OUT CITY VEHICLE POUND WITH RICHARD HINOJOSA IN ACCORDANCE WITH THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARRED EXHIBIT "A ", AND MADE A PART HEREOF; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. 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 In- and -Out City Vehicle Pound with Richard Hinojosa in accordance with the terms of the contract, a copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. Publication shall be made one time in the official publication of the City of Corpus Christi, by publishing the caption of this ordinanca, stating in substance the purpose of the ordinance. SECCION 3. The necessity to immediately enter into the afore- mentioned con,ract creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage and publication, IT IS ACCORDINGLY SO ORDAINED, this the %x2, day of ATTEST: w i C ty Se reta MAYOR M aM THE CITY OF CORPUS CHRISTI, TEXAS APPR VED: 2 DAY OF DECEMBER, 1972: City Attorney C,f, 4 44'z "f. x1221 HG:jkh:12-34-72; 1st CONTRACT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES X WHEREAS, the City of Corpus Christi advertised for bids for operation of the City Police Pound, said bids opened March 7, 1972; and WHEREAS, the operation of said pound entails the performance of personal services and is not subject to the competitive bid requirements; and WHEREAS, the successful bidder has defaulted on his bid; and WHEREAS, there were no other bids received; and WHEREAS, the City of Corpus Christi desires to secure the services of a private contractor for operation of the City Police Vehicle Pound; and WHEREAS, it has been determined that it would be most economically feasible to have the operation of the Pound under contract in conjunction with the Cit31s Abandoned Car Pound: NOW, THEREFORE, does the City of Corpus Christi, a municipal corporation and body politic, hereinafter referred to as "City ", and Richard Hinojosa, Nueces County, Texas, hereinafter referred to as "Contractor ", for and in consideration of the payments and undertaking 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 this contract will be those stolen, illegally parked or other vehicles that are to be picked up under emergency conditions 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 City agrees to pay Contractor $14,600 annually, payable in monthly payments of '$ In addition, Contractor is to receive proceeds from operation of Pound. If direct income (the $10 towing fee and $1 storage fee) from proceeds exceeds direct costs of Contractor for any three (3) month period, City reserves right to renegotiate annual payment terms. For purpose of this contract, direct costs to Contractor shall be $60.00 per day labor and $6.00 per car towing expense. 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 asphalted and four 20,000 lumen lights will be installed. The area will be provided with two double gates. The Contractor shall provide housing facilities and shall staff and operate the Pound on a 24 hour per day, seven days per week basis. 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 Expressway, 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. (timers redeeming their vehicle will be required to pay the normal wrecker fee-and daily storage charge in accordance with the schedule in Section 33 A -7, Corpus Christi City Code, 1956, as amended. The Police Division shall be responsible for checking the title of persons claiming cars and vehicles may only be released to persons determined by the Police Division to be entitled to redeem them and no others. V The City will return all stolen vehicles and those impounded in error at no charge provided the owner shall pick up within 72 hours after notification in writing 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 -2- only by Police instructions) and transferred to the Abandoned Vehicle Yard. Contractor shall not make any charge for transfer of vehicle from the City Police Car Pound to Abandoned Vehicle Yard. VI The Police Division will perform all functions relating to notification of owner and lienholders. VII The Police will normally direct only vehicles with wheels and tires 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 responsi- bility of the Contractor to keep in daily contact with the Police and advise them of any vehicles that are due transfer to Abandoned Yard. VIII contractor will be solely responsible for vehicle in his custody (from pick -up until release). Contractor will inventory in triplicate, equipment on cars received int) possession. One copy of said inventory shall be furnished the Police Division and one copy to Finance Department and one copy retained. 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 damage 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. The Contractor shall furnish certificates of insurance coverage in the following amounts: 1) Workmen's Compensation 2) Public Liability: A) Bodily Injury B) Property Damage 3) Auto Liability: A) Bodily Injury B) Property Damage -3- $100,000 - $300,000 $ 50,000 - $100,000 - $300,000 $ 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 Damager $ 50,000 - 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. Terms of Contract: The Contractor shall terminate at time of termination of the Contract for the Abandoned Vehicle Yard 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. %I This contract may be cancelled by either party for just cause by givi.:g tLe other party a sixty (60) day written notice. KII 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 authorization 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 of any claim, suit or judgment-against the Contractor arising out of the negligence, want of care or neglect, or intentional conduct or willful and wanton conduct of the Contractor, 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 Contractor's liability accrues by virtue of having impounded a motor vehicle without prior authority from the City to do so. %III MISCELLANEOUS PROVISIONS AND DEFINITIONS A. The Contractor hereby grants to the City and its agents the right to come onto the Contractor's property where the impounded -4- 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 othe_ than a possess -iry lien provided in Section 33A -6 of the Corpus Christi City Code of 3958, as amended. Contractor shall be deemed an independwit contractor ant not the agent, servant or employee or licensee of the Cit- for all purposes. Contractor is required to provide all required Insurance and bonds and workmen'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 statutes and ordinances and shall in no way be relieved of the necessity to comply therewith by this contract. WITNESS OUR HANDS in duplicate, each of which shall be considered an original, this the day of ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF City Attorney By R. Marvin Townsend City Manager Richard Hinojosa, Contractor -5- CORPUS CHRISTI, TEXAS , DAY 0 F �2 a_Cy�/�, i9..ZL TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY .CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPEC FULLY, YOR►'ro- erR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS-SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE - CHARLES A. BON NIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GON2ALES q . GABE LOZANO, SR. -a J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWINGp VOTES: - RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. -REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. Q..V�J- �✓� -�V�/" J. HOWARD STARK