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HomeMy WebLinkAbout12730 ORD - 08/06/1975jkh:7- 23 -75; 1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE -YEAR CONTRACT WITH J & R WRECKER SERVICE, CORPUS CHRISTI, TEXAS, FOR THE OPERATION OF THE MASSEY STREET POLICE CAR POUND, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS,CHRISTI, TEXAS: SECTION I. That the City Manager be and he is hereby authorized to execute a three -year contract with J & R Wrecker Service, of Corpus Christi, Texas, for the operation of the Massey Street Police Car Pound, all as more fully set forth in the contract, in substantially the form attached hereto and made a part hereof, marked Exhibit "A." 12 730 MASSEY STREET POLICE POUND CONTRACT THE STATE OF TEXAS COUNTY OF NUECES II This contract entered into by and between the City of Corpus Christi, a municipal corporation, body politic and home rule city, operating under the statutes of the State of Texas, hereinafter called "City'," and J & a Wrecker Service, hereinafter called "Contractor," W I T N E S S E T H: I Contractor agrees to pick up, reduce to possession and impound any, each and all motor vehicles certified to it for impoundment by City, acting by and through its City Manager or its duly authorized repre- sentative. 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 $13,599.96 annually, payable in monthly payments of $1,133.33. In addition, Contractor is to receive the proceeds from operation of the Pound. If direct income (the $10 towing fee and $1 storage fee) from proceeds exceeds direct costs of Contractor for any three -month period, City reserves the right to renegotiate annual payment terms. For purposes of this contract, direct costs to Contractor shall be $60 per day labor and $6 per car towing expenses. No cancellation fee shall be paid on calls that are cancelled after Contractor has dispatched his equipment. III City will furnish the fenced and lighted storage area located on Massey Street. Contractor shall provide housing facilities and shall staff and operate the Pound on a 24- hour - per -day, seven - days - per -week basis. IV Contractor shall pick up and remove to this area all vehicles that are specified by the Police Department in accordance with Paragraph I above. Any vehicles of an emergency nature (stalled on the Expressway, for example) that Contractor cannot handle in the time required by the Police Department will be picked up by the City rotating wrecker service. Contractor will be charged back for these calls. Owners redeeming their vehicles 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 Code, as amended. The Police Department shall be responsible for checking the title of persons claiming cars, and vehicles may be released only to persons determined by the Police Department to be entitled to redeem them and to no others. V City will return all stolen vehicles and those impounded in error at no charge, provided the owner shall pick them up within 72 hours after notification in writing by the Police. Contractor will be reimbursed by City for vehicles in this category. It is expected that all vehicles remaining in this lot for seven days will be removed (but only by Police instructions) and transferred to the Abandoned Vehicle Yard. The Abandoned Car contractor shall be responsible for the transfer of vehicles from the City Police Car Pound to the Abandoned Vehicle Yard. VI The Police Department will perform all functions relating to noti- fication 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 responsibility of Contractor to keep in daily contact with the Police and advise them of any vehicles that are due transfer to the Abandoned Vehicle Yard. VIII Contractor will be solely responsible for vehicles in his custody (from pick up until release). Contractor will inventory in triplicate equipment on cars received into possession. One copy of said inventory shall be furnished the Police Department and one copy to the finance Department and one copy retained. -2- Notwithstanding any other provision 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 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. : IX 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 3) Auto Liability: A) Bodily Injury $100,000 - $300,000 B) Property Damage $ 50,000 4) Public Liability - Contractor's Protective: A) Bodily 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 a non - ownership nature used by Contractor and his employees in and around or in connection with this particular contract. 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 City if the policy is cancelled or has expired. X Terms of Contract: The contract will be for a term of three (3) years and may be renewed on a yearly basis, at City's option, provided Contractor shall submit a written request for renewal not less than 60 days prior to expiration. City reserves the right to extend the contract period a maximum of sixty (60) days beyond the expiration date. XI This contract may be cancelled by either party for just cause by giving the other party a sixty -day written notice. -3- T___ XII City agrees to indemnify and hold harmless Contractor against any and all claims against Contractor for wrongfully impounding any motor vehicle which Contractor took into custody pursuant to authorization by City. It is understood and agreed, however, that Contractor shall have no right or claim against City for indemnity or contribution by virtue of any claim, suit or judgment against Contractor arising out of the negligence, want of care or neglect, or intentional conduct or willful and wanton con- duct of Contractor, his agents and employees while performing any of the acts called for in this agreement, nor shall Contractor have any claim for indemnity or contribution wherein Contractor's liability accrues by virtue of having impounded a motor vehicle without prior authority from City to do so. XIII MISCELLANEOUS PROVISIONS AND DEFINITIONS A. Contractor hereby grants to City and its agents the right to come onto 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 require- ments 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 may renew this contract as provided herein. C. Contractor shall have no right, title or interest in motor vehicles that Contractor impounds and holds for redemption or sale other than a possessory lien, as provided in Section 33A -6 of the Corpus Christi City Code, as amended. Contractor shall be deemed an independent contractor and not the agent, servant or employee or licensee of City for all purposes. Contractor is required to provide all required insurance and bonds and -4- workmen's compensation insurance at his own expense and shall have no claim against 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. 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 three -year contract term or any extension thereof, City receives bids for this contract and Contractor is not the successful bidder, Contractor shall operate the Massey Street Police Car Pound under the terms of this contract until the new successful bidder can commence operation. All towing and storage fees incurred up until the date of commencement of operation by the new successful bidder shall be paid to Contractor and all towing and storage fees incurred from that date on shall be paid to the new successful bidder. Contractor shall keep in force the performance bond and insurance policies required by this contract until commencement of operation by the new successful bidder. WITNESS,OUR HANDS in duplicate, each of which shall be considered an original, this the day of 1975. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend APPROVED: City Manager DAY OF 1975: Acting City Attorney J & R WRECKER SERVICE By THAT THE FOREGOING ORDINANCE W S READ FOR THE pIRST 71ME AND PASSED TO ITS SECOND READING ON THI3 THE '��A � }r/ FOLLOWING VOTE: DAY OF____ %��, 192,E BY THE JASON LUBY IJP. BILL TIPTON L EDUARDO DE ASE3 RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORDINANCE WAS READ FOR E S COND TIME AND A33ED TO ITS THIRD READING ON THIS THE !f• %%%%%�����{{{{{����� ��FF FOLLOWING VOTE: 3t7 DAY OF' 197 BY THE JASON LUBY DR. BILL TIPTON EDUARDO DE ASES - RUTH GILL p BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORDINANCE S READ FOR THE THJJtD TIME AND PASSED FINALLY ON THIS THE �o�bl%•- DAY OF 19,E BY THE FOLLOWING VOTE: JASON LUDY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE PASSED AND APPROVED, THIS THE�DAY OF / ATTEST: 1921 Y SECRETARY Y� MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APP ED: DAY OF -CIL.: 145VCITY ATTORNEY 3. II.W No. . rAlvu L N"PANY SAN ANTONIO, TEXAS Cerfifirafr of �Nrtsurtture ASSURED JOE GARCIA DBA J & R L• 11RvCXM SERVICE ADDRESS 5400 Ayers ColpUS Cbristi, Texas 78415 ACTING UPON YOUR INSTRUCTIONS and /or your representative's, and in accordance with authorization granted us, Ave have effected insurance with IarsuRArlM Y_ rrcl�� x�rtsas Against loss or damage in accordance with the terms and conditions as set forth on this certificate and any endorsements attached countersigned by an authorized representative of QUIRK AND COMPANY. NO FLAT CANCELLATIONS ALLOWED ON SURPLUS LINE BUSINESS. We are re- quired by the Underwriters to hold the assured, his agents and brokers, responsible for earned premiums in all cases. Premiums must be paid as agreed. If the Assured shall make any claim knowing the same to be false or fraudulent, as regards amounts or otherwise, this certificate shall become void, and all claims hereunder shall be for- feited. POLICY FEE FULLY EARNED Loss, if any, to be payable in United States Currency. UPON ISSUANCE OF POLICY. $AMOUNTS OR LIMITS PREMIUM $ -2OD_On 300s�. Bodily 1UjU Liability State Tax A 00 ' $ fie eaCh�DaCQGi> P aced Policy Fee $ 20.00 $50, 00. a8$Te88te. SI3H.TLCT TO: s TOTAL $ 228 47 COVERAGE 5250.00 DedUctiblO per Claim. I`anufaoturers' and Contractors' Liabili and Texas Standard Geaeatal Liabiia Provisions Part L 6408 except for the foll � Assault and/or ing attaChet3 Exclusion, Exclusion nPimiitive or 9294P1�, � �� y o Suit Clause and Endorat>sexit 01 attached. of Date effective (Standard 8/d 7 .12:01 A.M. To 8/1/7$ Time at the place or location of risk insured) 12:01 A.M. It is expressly understood and agreed by the assured, insurance agent or broker, any mort- gagee or other parties who may have an interest in this insurance, that QUIRK AND COM- PANY is not one of the Underwriters or Insurors hereunder and is not nor shall be in any extent liable for any loss or claim whatsoever, but that the insurors are those Underwriters whose names appear herein. Dated at San Antonio, Texas, this !Sth day of A 197 1 This insurance contract is with an insurer not licensed to transact insurance in this state and is issued and delivered as a surplus line coverage pursuant to the Texas incur ncc statutcs. Article 1.14.2, Texsn Insurance Code, surincs payment of 3.85 per cent lux on gross premium. This certificate shall not be valid unless signed by QUIRK AND COMPANY By Refer to ND. 5765 QUIR A MPAN SAN ANTONIO, TEXAS Certificate of cJnsuranre ASSURED CITY O? CORPUS CHR= ADDRESS Corp., M,1at1, Tws 78403L ACTING UPON YOUR INSTRUCTIONS and /or your representative's, and in accordance with authorization granted us, we have effected insurance with s -IANM i1NS08AM CIWANY — McPEERSM KAM" Against loss or damage in accordance with the terms and conditions as set forth on this certificate and any endorsements attached countersigned by an authorized representative of QUIRK AND COMPANY. NO FLAT CANCELLATIONS ALLOWED ON SURPLUS LINE BUSINESS. We are re- quired by the Underwriters to hold the assured, his agents and brokers, responsible for earned premiums in all cases. Premiums must be paid as agreed. If the Assured shall make any claim knowing the same to be false or fraudulent, as regards amounts or otherwise, this certificate shall become void, and all claims hereunder shall be for- feited. POLICY FEE FULLY EARNED Loss, if any, to be payable in United States Currency. UPON ISSUANCE OF POLICY. AMOUNTS OR LIMITS PREMIUM $300-00 $300,000. Bodily iti�unwity State Tax $ 12.32 eat QCC�t6nCie. $ + . Property - Policy Fee $ 20.00 DADA LiabUfty mh oGew!!riC!* TOTAL $ 3 ,42.32 $50,000. agoegeta. SUBJECT TO: $250.00 Dedaatihle per a2aim. COVERAGE Owns=' and Coftractors' Protective Liabili} ty per Coversgo Part L 6414 and TOXas Stt>e> GMSTA1 LlabUity Provisions, attached, ol for the foll Ug forms: L 92944 Assault and/or Battery Exclusion, E=1=4 Punitive - # e* . Service Salt CLM" Endorsement of and HE Date effective $Al77 .12:01 A.M. To MMS 12:01 A.M. (Standard Time at the place or location of risk insured) It is expressly understood and agreed by the assured, insurance agent or broker, any mort- gagee or other parties who may have an interest in this insurance, that QUIRK AND COM- PANY is not one of the Underwriters or Insurors hereunder and is not nor shall be in any extent liable for any loss or claim whatsoever, but that the insurors are those Underwriters whose names appear herein. Dated at San Antonio, Texas, this 15th day of 1971. This eertifica all not be valid 5ologs signed by This insurance contract is with an insurer not licensed to transact insurance in this state and is issued and delivered R AND as a surplus line coverage pursuant to the Tcxas insurance statutes. Article 1.14 -2, Texas Insurance Code, requires payment of 3.85 per cent tax on gross premium. By