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
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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
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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
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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