HomeMy WebLinkAbout12093 ORD - 05/29/1974JRR :jh:oc:5 /29/74
2nd
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXERCISE THE CITY'S OPTION TO RENEW THE
ABANDONED CAR CONTRACT WITH RICHARD HINOJOSA
IN ACCORDANCE WITH PARAGRAPH XI THEREIN, A
COPY OF SAID CONTRACT BEING ATTACHED HERETO
AND INCORPORATED HEREIN, AND MARKED EXHIBIT "A ";
FURTHER AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXERCISE THE CITY'S OPTION TO
RENEW THE CITY POLICE POUND CONTRACT WITH
RICHARD H1NOJOSA IN ACCORDANCE WITH PARAGRAPH
•' X THEREIN, A COPY OF SAID CONTRACT BEING �.
q ATTACHED HERETO AND INCORPORATED HEREIN AND
MARKED EXHIBIT "B "; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager be and he.is hereby
authorized and directed to exercise the City's option to renew
the Abandoned Car Contract with Richard Hinojosa in accordance
with Paragraph )tI therein, a copy of said contract being attached
hereto and incorporated herein and marked Exhibit "A ".
SECTION 2. That the City Manager be and he is further
authorized and directed to exercise the City's option to renew
the City Police Pound Contract with Richard Hinojosa in accordance
with Paragraph X therein, a copy of said contract being attached
hereto and incorporated herein and marked Exhibit "B ".
SECTION 3. The necessity to authorize the renewal of
the contracts for the purposes hereinabove outlined 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 and
that such ordinance or resolution shall be read at three several
meetings of the City Council, and the Mayor having declared
that such emergency and necessity 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
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THE STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES )
WHEREAS, the City of Corpus Christi., a municipal corporation
and body politic, hereinafter referred to as "City ", invited bids for
the - operation of the abandoned car pound, said bids to be opened on
Tuesday, March 7, 1972; and
WHEREAS, Richard Hinojosa submitted the best bid of Four and
85 /100 Dollars ($4.85) per car for the pound to be located at O'Neil
Road two miles past the intersection of Saratoga and Old Brownsville
Road; and
WHEREAS, the City Council on S 19%Z- accepted
said bid and authorized a contract for the operation of the abandoned car
pound pursuant to Section 33A.3, City Code, 1958, as amended;
NOW, TEEREFORE, does the City and Richard Hinojosa, hereinafter
referred to as "Contractor ", for and in consideration of the premises,
payments and undertakings herein recited do hereby CONTRACT, COVENANT
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 as an abandoned motor vehicle. Contractor agrees to store until
sold or redeemed as provided in Chapter 33 of the Corpus Christi City Code,
1958, as amended, each and all such impounded motor vehicles in a safe
and securely fenced location, such operation, location and fence in full
compliance with applicable laws and ordinances, and to take all reasonable
and necessary precautions to protect such impounded vehicles from vandalism,
fire, theft and such other damage as could be prevented by the exercise
of due care while in the possession of Contractor.
II
Contractor agrees to pay to the City Four and 85/100 Dollars
($4.85) for each abandoned car impounded pursuant to this contract.
Contractor shall receive fees for impounding and storing vehicles in
accordance with the schedule in Section 33A -8, Corpus Christi City Code,
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1958, as amended, in accordance with the ordinances of the City of Corpus
Christi and the laws of the State of Texas. Said payment for each
vehicle must be made by the 15th day of the month following impoundment.
III
Contractor shall provide adequate storage facilities to handle
the number of cars impounded. These facilities will provide storage only
for abandoned cars as covered by this contract. Contractor shall pick
up within 24 hours after notification, all vehicles that have been
certified as abandoned, by the Corpus Christi Police Division. In the
event the car is not picked up within the 24 hour period and no prior
arrangements have been made by Contractor with the Police, the Police
will have the option of calling an outside wrecker service to pick up and
haul to Contractor's yard and rebill the Contractor for this cost.
IV
Contractor shall fill out an Inventory Form in triplicate.
This form will identify the vehicle and list (or check) all items and
parts on the vehicle (radio, air conditioner, motor, transmission, etc.).
One copy will be retained by Contractor, one by Police and one by Finance.
The Contractor shall be responsible for the impounding of all vehicles
in a safe and securely feaced location and to protect against vandalism,
fire and theft. The Contractor will be responsible for any claims for
losses or damages while vehicle is in his custody.
V
The City Police Division will perform all functions relating
to location and notification of owner and lienholder. —TFiis wi11Te -per—
formed in an expedient manner. For the purpose of estimating, "Hold Time"
of 30 to 60 days may be used. It is to be understood the Contractor
shall hold the vehicle as long as legally required and will have no
recourse in the event proper identification should exceed the 30 to 60
day period.
VI
Contractor shall dispose of each unclaimed vehicle by public
auction under the supervision of the Police Division and in accordance
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with the City Code. The use of a professional auctioneer will be at the
option of the Contractor. All expenses such as sales fees, advertising,
etc. will be borne by the Contractor. The Contractor shall be responsible
for keeping records containing complete description of the vehicle,
disposition and any amount realized by sales, fees, etc.
VII
Contractor may reimburse himself for all expenses (towing,
storage, sales commission, etc.) incurred with the vehicle. Any remaining
proceeds sball be held for 90 days in the event the owner shall make a
claim. Thereafter, these proceeds revert to the Contractor. If the
Contractor should desire to demolish a car himself, application must be
made to the Police Division and procedure as outlined in the contract
and the City Code must be followed.
VIII
After vehicles have been sold, the Contractor will be respon-
sible for having these vehicles removed from abandoned vehicle lot
within 14 days.
Ix
Contractor shall be required to furnish a performance bond
in the amount of Three Thousand Five Hundred Dollars ($3,500) if bid
is awarded on a per car basis. The hours of operation of the lot will
be on an eight hour day, five days per week.
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 - $100,000
3) Auto Liability:
A) Bodily Injury $100,000 - $300,000
B) Property Damage $ 50,000
This coverage 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.
l-
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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.
xI
Terms of Contract: The contract will be for a term of two
years 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.
%II
This contract may be cancelled by either party for just cause
by giving the other party a sixty (60) day written notice. The City
will hold harmless the Contractor against claims for wrongfully impounding
or selling any vehicle as a result of our instructions.
xIII
In the event that a motor vehicle is impounded by the Contractor
from the City pound lot and said car is removed to the abandoned car lot-
and sold at auction, Contractor agrees that after said sale and reimburse-
ment to himself in accordance with Paragraph VII hereof, Contractor will
reimburse the City for the cost of towing the car from said pound to
the abandoned car lot.
XIV
Contractor agrees to pick up from the City car pound all cars
originally taken to.that pound which are not redeemed in the time speci-
fied by the Corpus Christi Police Department and thereby declared
abandoned, remove such cars to the abandoned car pound provided in this
contract and to make no charge to the City for said removal.
KV
i
City agrees to indemnify and hold harmless the Contractor
against any and all claims against the Contractor for wrongfully im-
pounding any motor vehicle which the Contractor took into custody
pursuant to this contract or for wrongfully selling any such vehicle
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when done so pursuant to instructions of 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 wilful and wanton conduct of the Con-
tractor, its agents and employees while performing any of the acts called
for by 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.
%VI
Contractor agrees to keep correct and accurate books, accounts
and ledgers on all financial transactions arising directly or indirectly
from this contract and to make same available at any and all reasonable
times for inspection by the City and its authorized employees, agents and
auditors.
SVII
Miscellaneous Provisions and Definitions
A. Contractor hereby grants to the City and its agents the
right to come onto the Contractor's 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
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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 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 impound-
ing, holding or selling the aforesaid impounded motor vehicles.
- D. 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.
Executed in duplicate a ear of which shall constitute an original
this the day of �{ , 1972.
ATTEST:
City Secr ary L
APPROVED:
CITY OF CORPUS CHRISTI
BY. zg �r .r��.h
R. Ma Townsend '�
City Manager
DAY OF r .�Lwn�, 1972:
Q6, Act ine /J'�P 7�v�t• Cv�-R/
y y Richard Hinojosa, Cont ctor
CON_ T�CT
THE STATE OF TEBAS I
COUNTY OF NUECES x MOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Corpus Christi advertised for bids for
OPeration of the City Police Pound, said bids opened March 7, 1972; aid
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 Corpns.Christi desires to secure the
services of a private contractor for operation of the City Police Vahicle
Pound; and
WHEREAS, it has been determined that it would be most economically
feasible to have the operation of the Pound
under contract in coaj;Inction
With t"!c City's Abandoned Car Pound:
NOW, TIM-ggFORE. 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 impoun
a d
nY, each and all motor vehicles certified to it for impoundment by the
City acting by and through its City tlanager 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 iepounded in the regular course of Police business in accordance with
aoolicable la,4s and ordinances.
II
City agrees to pay Contractor $14,600 annually, payable in
monthly Parents of $ 1 216.67
-- L�_• In addition, Contractor is to receive
h'
proceeds from operation of Pound. If direct income (the $10 towing fee
and $1 storage fee) from proceeds eyceeds 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 rassey 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 24 000 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.
r,
The Contractor shall pick up and remove to this area all
vehicles that are specified by the Police Division in accordance 4-i:h
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. Owners iedeeming
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, 1958, 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. Tha 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-
! i
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 wall inventory ii
triplicate, equipment on cars received into possession. One copy -if
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•ar_d custody of Contractor and to defend any and all such claims,
suits or judgments whatsoever.
IX
The Contractor shall furnish certificates of insurance coverage
in the following amounts:
1) F:or "L'On`s Compensation
2) Public Liability-
A) iodily Injury $100,000 - $300,000
B) Property Dasage $ 50,000 -
3) Auto Liability;
A) 20dily Injury $100,000 - $300,000
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 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.
x 0-
Terms -of Contract: The Contra 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'd 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 zause
by givi -wg the other party a sixty (60) 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
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 irtse of
?stir„ i.- r.:otcr -,7c -L!cCI -
-u rrior authority irr_ t e City
i
to eo so.
XIII
:fI5C5iLL`TOis ProvISIO.'is --% ND DEFIFITMNS
A. The Contractor hereby grants to the City and its agents
the right to come onto the Contractor's property ;.-here time 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 Pfanager of the City of Corpus Christi, Texas, or his
successors in office or his delegates, and wheaever 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 vanger 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
thas a possessory lien provided in Section 33A -6 of the Corpus Christi
City Ccde of 1958, as amended. Contractor shall be deemed an independent
contractor and not the agent, servant or employee or licensee of the City
for a-11 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
statures and ordinances and shall in no way be relieved of the necessity
to comply therewith by this contract.
WITNESS OUR MIUNDS in duplicate, each of which d
shall be considered -an an original, this th day of e r-� 1/ 77J.
ATTEST: 1 Or COFPUS CMUSTI
c
City 5�.
A2PROC-
0AY C ;F
�� ^i�ty/ Ateorn�.:
,,11-- BB�.�.,��.
R. r:a�To• , sand
City "anager
,
Prichard Hinojosa, oncractor
X97
-5- 2
APPRR00%veoe
c _:
1
Corpus Christi, Texas
a9day of , 19 714
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.
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark