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HomeMy WebLinkAbout12729 ORD - 08/06/1975AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE— YEAR CONTRACT WITH ACTION SALES, INC. OF CORPUS CHRISTI, TEXAS FOR THE PICKING UP, IMPOUNDING AND DISPOSAL OF ABANDONED VEHICLES, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, IN sUBSTANTIALLY THE 4 FORM ATTACHED HERETO AND MADE A PART HEREOF EXHIBIT "A ", a MARRED 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 execute a three -year contract with Action Sales, Inc, of Corpus Christi, Texas for the picking up, impounding and disposal of abandoned vehicles, all as more fully set forth in the contract, in substantially the form attached hereto and made a part hereof, marked Exhibit "A ", 12'729 .i il 8/6/75 ABANDONED CAR CONTRACT STATE OF TEXAS COUNTY OF NUECES X 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 to be 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 Ten Dollars ($10) for each abandoned car impounded pursuant to this contract. This fee shall not be reimbursed to Contractor if abandoned vehicle is reclaimed. Contractor shall receive fees for impounding and storing vehicles in accordance with the schedule in Section 33A -8, Corpus Christi City Code, 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 and shall comply with applicable I -3 Zoning District regulations if located within the City limits. Contractor shall pick up within 24 hours after notification, all vehicles that have been certified as abandoned, by the Corpus Christi Police Department. 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. Al 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 the police and one by Finance. The Contractor shall be responsible for the impounding of all vehicles in a safe and securely fenced location and to protect against vandalism, fire and theft. The Contractor will be responsible for any claims for losses or damages while the vehicles are in his custody. v The City Police Department will perform all functions relating to location and notification of owner and lienholder. This will be performed 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 Department and in accordance 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 each vehicle, i 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 shall 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 Department and procedure as outlined in the contract and the City Code must be followed. —2— VIII 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 towing cost from original point of pick up to the City Pound and storage fees incurred at the City Pound. If the vehicle is later reclaimed by the owner at the abandoned car lot, the Contractor shall be entitled to reimbursement of the towing fees from the City. IX After vehicles have been sold, the Contractor will be responsible for having these vehicles removed from the abandoned vehicle lot within 14 days. X Contractor shall be required to furnish a performance bond in the amount of Six Thousand Dollars ($6,000). The normal hours of operation of the lot will be on an eight hour day, five days per week (Monday - Friday). Contractor under special emergency circumstances may be required on request of the Police Department to release vehicles on Saturday and Sunday. 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 shall include cars and trucks owned, rented, hired, or leased, and others of nonownership nature used by employees in and around or in connection with this particular contract. 4. Public Liability - Contractor's Protective: A. Bodily Injury $100,000 - $300,000 B. Property Damage $ 50,000 - $100,000 -3- f 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 this contract. The policies shall also contain a provision which requires the insurance company to notify the City if the Policy is cancelled or has expired. XI Terms of Contract: This contract will be for a term of three 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. The City reserves the right to extend the contract period a maximum of 60 days beyond the expiration date. XII This contract may be cancelled by either party for just cause by giving the other party 60 days 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 Contractor agrees to pick up from the City car pound all cars originally taken to that pound which are not redeemed in the time specified 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. XIv 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 this contract or for wrongfully selling any such vehicle when done so pursuant to instructions of the City. It is understood and agreed, however, that the 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 by this agreement, Ma 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. XV 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. XVI 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 F. 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 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, -5- 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. E. If at the end of the 3 -year contract term or any extension thereof, the City receives bids for this contract and the Contractor is not the successful bidder, the Contractor shall operate his abandoned car pound under the terms of this contract until the new successful bidder can commence operation. Upon commencement of operation by the new successful bidder, the Contractor shall be responsible for the disposition of all vehicles remaining in his lot as of the date of commencement of operation by the new successful bidder and shall receive all fees therefrom. The Contractor shall keep in force the performance bond and the insurance policies required by this contract until the last vehicle remaining in his lot is disposed of. The Contractor shall dispose of the remaining vehicles within 90 days of commencement of operation by the new successful bidder unless circumstances exist which prevent the disposition of the vehicles within said 90 -day period. Executed in duplicate either of which shall constitute an original this the day of , 1975. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF , 1975: City Attorney By R. Marvin Townsend, City Manager ACTION SALES, ,INC. I THAT THE FOREGOING ORDINANCE W�3 READ FO THE FIR37 TIME ANSI, PASSED TO ITS SECOND READING ON TH13 THE e47 �'�DAY OF ]` FOLLOWING VOTE: 19� BY THE JASON LUST DP. BILL TIPTON EDUARDO DE ASE3 RUT" GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORDINANCE-WAS ZDA READ FO THE ECOND TIME AND A33ED TO ITS THIRD READING RE THIS THE 3-0 DAY OF FOLLOWING VOTE: 19.Z� BY THE JA30M Lu3Y DR, BILL TIPTON EDUARDO DE ASES RUTH GILL ell BOB= .L�.��e.. /�., BOB GULLEY V �C /�V / GAGE LOZANO, $R, �,�� EDWARD L. SAMPLE THAT THE FOREGOING ORDINANC:A WAS READ FOR THE THIR FINALLY ON THIS THE_ DAY OF D TIME AND PASSED f 19Z BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL 808 GULLEY GAGE LOZANO, SR. (� EDWARD L. SAMPLE ____� PASSED AND APpRDyED, rH1s ATTEST: rHE �DAY OF '9 j`r, G1.7/ SECRETARY A - -vDA DAY OF 19 ZS , CITY ATTORNEY ` MAYOR THE CITY OF CORPUS CHRISTI, EXAS