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HomeMy WebLinkAbout14746 ORD - 01/31/1979Jkh:1-31-79-1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH AYERS WRECKER CO., INC., FOR OPERATION OF THE POLICE CAR POUND AND THE ABANDONED CAR POUND FOR A PERIOD OF THREE YEARS WITH THE OPTION FOR RENEWAL, ALL AS MORE FULLY SET FORTH IN THE SAID CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; 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 to execute a contract with Ayers Wrecker Co., Inc., for operation of the Police Car Pound and the Abandoned Car Pound for a term of three years with an option to renew, all as more fully set forth in the said contract, a substan- tial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to authorize execution of the aforesaid contract at the earliest practicable date 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 intro- duction 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, IT IS ACCORDINGLY SO ORDAINED, this the 31st day of Januar , 1979. ATTEST: —tit9 Secretary APPROVED: 31st DAY OF JANUARY, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City/;F1' ney MAYOR THE ITY OF 147,13 RISTI, TEXAS MICROFILMED "JUL 0 81980 • • AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES The City of Corpus Christi a municipal corporation situated in Nueces County, Texas, hereinafter referred to as City, and Ayers Wrecker Co., Inc., hereinafter referred to as Contractor, do hereby contract as follows: I. CAR POUNDS A. Police Car Pound Contractor shall pick up and impound all motor vehicles that are stolen, illegally parked, or otherwise in violation of any laws or ordinances, when so instructed by the City Police Department. Vehicles which must be removed under emergency conditions but which cannot be removed in the time required by the Police Department will be picked up by the City rotating wrecker service, and Contractor will reimburse the City for any expenses thereby incurred. The City will provide a fenced and lighted storage area on Massey Street where Contractor shall impound vehicles picked up according to the preceding para- graph. Contractor shall provide housing facilities and a telephone at the Police Car Pound and shall staff and operate the pound on a 24 hour per day, seven day per week basis. Contractor shall make a daily report to the Police Department which shall list all vehicles which are held in the Police Car Pound and the num- ber umber of days they have been held there. The City shall perform all functions relating to the notification of the owner and lien holders of automobiles in the Police Car Pound. Contractor shall not release any vehicle from the Police Car Pound unless authorized to do so by the Police Department. Contractor shall receive towing and storage fees as provided in CORPUS CHRISTI CODE 513-49 and 553-60. Contractor shall not be entitled to any fee where a call to Contractor fora tow -in is cancelled, regardless of whether Contractor's equipment has been dispatched. The City will return all stolen vehicles and those impounded in error at no charge to the owner of the vehicle, provided the owner shall pick up the vehicle within 72 hours after written notification by the Police that the vehicle has been impounded; in these cases, the City shall pay Contractor storage•and towing fee on these vehicles. • • B. Abandoned Car Pound 1. Contractor's Responsibility: Contractor shall pick up and impound all motor vehicles certified by Police Department as abandoned. Vehicles shall remain in the care and custody of Contractor until reclaimed by the owner or sold at public auction as provided for in Chapter 13 of the Corpus Christi City Code. 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 vehicle is not picked up within the 24-hour period and no prior arrangements have been made by Contractor with the Police, the Police Department may call another wrecker service to pick up and haul the abandoned car to Contractor's yard and bill Contractor for the cost of that wrecker service. Contractor shall furnish a safe and securely fenced storage loca- tion which shall be in full compliance with all applicable laws. Contractor shall take all reasonable and necessary precautions to protect impounded vehicles from fire. vandalism, theft, and such other damage as could be prevented by exercise of due care while the vehicles are in possession of Contractor. Contractor's storage facilities must be adequate to store all impounded abandoned cars. These facilities will provide storage only for abandoned cars impounded pursuant to this contract and shall comply with applicable I-2 zoning district regulations if the pound is located within the City limits. Neither the demolition of vehi- cles nor the sale or salvage of automobile parts shall be permitted at the abandoned car pound. Contractor's abandoned vehicle lot shall be open for operation eight hours per day. five days per week. Monday through Friday. Contractor may be required by the Police Department to release vehicles on Saturday and Sunday. Contractor shall receive towing and storage fees as provided in CORPUS CHRISTI CODE 513-49 and S53-60 for vehicles reclaimed by their owners at its abandoned car pound. Contractor shall not release any vehicle reclaimed unless authorized to do so by the Police Department." Contractor shall dispose of each unclaimed vehicle by public auction under the supervision of the Police Department and in accordance with the City Code. Said auction must be held every 90 days or when 75 cars have been certified as available for auction by the Police Department, whichever event occurs first. No -2- e�1 • • vehicle may be sold or demolished without the Police Department's approval. Auctions will be conducted in a professional manner, and the use of a professional auctioneer will be at the option of the contractor; provided, that if the City determines that the auction is not conducted in a professional manner, the City may, at its sole op- tion, hire a professional auctioneer and charge the cost of such auctioneer to con- tractor. All expenses, including, but not limited to fees and advertising, shall be borne by contractor. Contractor may bid at the auction. Contractor will be deemed to have purchased any vehicle for which no bid is received and for which contractor has set a minimum bid price; for purposes of determining gross income, such vehicles shall be considered sold at the minimum bid price or the prevailing scrap metal price. whichever is greater. Any vehicle not sold at public auction shall be disposed of by sale as scrap metal or by demolition. The prevailing scrap metal price for the scrapped or demolished vehicle shall be included in contractor's gross income. Contractor shall make application to the Police Department before it demolishes a vehicle. and it shall act in accordance with this contact, all City ordinances, and State law in all such demolitions. Contractor shall be responsible for keeping records containing complete descriptions of each vehicle, its disposition, and all amount realized by sales. fees. etc. After the auction, Contractor may reimburse itself for all expenses, including towing (except for towing from the Police Car Pound), storage, sales commission, and advertising, incurred for each vehicle. Any remaining proceeds shall be held for 90 days in the event the owner of the vehicle shall make a claim thereto. Thereafter, these proceeds shall revert to Contractor. After vehicles have been sold. the contractor will be responsible for having them re- moved from the abandoned car pound within 14 days. 2. City's Responsibilities: It shall be the City's responsibility to accurately certify vehi- cles as being abandoned;`and this duty shall include vehicles both in the Police On e.�vm .s.ms.eki . Car Pound and on the street. The Police Department will perform all functions relating to the notification and location of the owner and lien holder of impounded vehicles, including notice by publication as required by the Texas Abandoned -3- 'n' • • Vehicles Act. The Police Department will notify Contractor when a vehicle which is held in the abandoned car pound may be sold. C. Payments to the City. Contractor shall pay the City 50 % of the gross income received on the disposition, by auction or otherwise, of unclaimed vehicles impounded pursuant to this contract, and shall report gross income on the amount received from dispo- sal of unclaimed vehicles by the 15th of the month following their disposal. The amount equal to the percentage bid will be due and payable to the City at that time. Contractor shall pay to the City 36 % of the gross income from towing and storage fees of vehicles which are reclaimed by their owners, and shall invoice the City on the 15th of the month following the release of reclaimed vehi- cles. The invoice will be for payment of the towing fee and daily storage charge collected by the Police on all vehicles released from the Police Car Pound or the abandoned car pound. The invoice will list the amount due Contractor less the amount due to the City based on the percentage which Contractor has agreed to pay to the City. Contractor will be paid the net difference. D. Inventory. Contractor shall fill out, in triplicate, a vehicle inventory record for each vehicle impounded at either pound on forms which the Police Department will provide. One copy of the inventory will be retained by Contractor, one by the Police Department, and one by the City Director of Finance. II. WRECKER SERVICE A. Contractor's responsibilities: Contractor shall provide emergency on -the -spot repairs and tow -in ser- vices for all City vehicles when such repairs or service are requested by the Chief of Police, the Director of Maintenance Service, or other authorized City representative. Contractor shall be prepared to perform these services on a 24 hour per day. seven day per week basis. 1. Towing and Repairs. Contractor shall make miscellaneous, on -the -spot minor repairs when so directed. Contractor shall also tow wrecked City vehicles and City vehicles which cannot be repaired on the spot to the City Maintenance Center at 5352 Ayers in Corpus Christi. -4- • • 2. Response Time. Contractor will be required to respond to City calls within a reasonable time as determined by the party requesting the service. In the event Contractor does not respond within a reasonable time, the City reserves the right to arrange for the service required and to charge to Contractor the difference between the cost of such service to the City and what would have been the cost to the City under this contract. Continuous delays or excessive downtime on the part of Contractor shall be cause for can- cellation of this Contract. 3. Tires and Returned Items. Contractor shall make all on -the - spot repair or replacement of tires on police vehicles when so required by the City. All tires and wheels and other miscellaneous items replaced on the spot shall be returned to the Maintenance Service Center by Contractor for exchange. All items, including tires and wheels, turned into the service center for replace- ment shall be clearly marked to indicate the equipment number of the vehicles from which they were removed and the date they were removed. The City will furnish Contractor with a sufficient inventory of tires and wheels of various sizes to be used for replacement on Police Depart- ment vehicles. The City reserves the right to adjust or withdraw this inventory as it deems necessary. Contractor will be responsible for returning all tires and wheels belonging to the City to the Maintenance Service Center upon request by the City or at the termination of the contract. The tire and wheel inventory provided by the City shall be stored at the Police Car Pound. Contractor will be responsible for and accountable for this tire and wheel inventory at all times and will be required to provide adequate storage and the security necessary to prevent theft, vandalism, fire, malicious mischief, or any other damage to the tires and wheels while they are in the posses- sion of the Contractor. Contractor shall keep an accurate record of all tires and wheels in its possession belonging to the City. The Director of Finance or his representative is authorized to audit the inventory of tires in the possession of Contractor. B. Fees. 1. On -The -Spot Services fee of 512.50 for each call Contractor spot repair or replacement of tires on on -the -spot repairs. If more than one City shall pay an additional 53.00 for replaced on a call. The City shall pay Contractor a basic makes where Contractor provides on -the - police vehicles or other miscellaneous tire is repaired or replaced on a call, each tire in excess of one repaired or -5- 2. Tow -In Char es. The City shall pay Contractor $12.50 for each City vehicle towed in by Contractor. The City shall pay Contractor $5 in addition to the towing fee if only one of the following services is performed in connection with the towing of a City vehicle: use of a dolly, disengaging of driveshaft, other work in lieu of using a dolly, replacement or removal of tires, towing of motorcycle. and removal of vehicles from difficult locations such as ditches. If more than one of these enumerated services is performed, then the City will pay Contractor a maximum of $10.00 in addition to the towing fee. No on -the -spot ser- vices fee will be paid if a tow -in charge is paid for Contractor's call. 3. Invoicing. Contractor will invoice the City monthly for all charges for towing and emergency repairs to City equipment. The invoice must be supported by individual service call tickets, which must be signed by a City employee and by Contractor or his authorized representative and which must include the equipment number for the vehicle serviced and the date service was rendered. 4. No Cancellation Fee. No cancellation fee shall be allowed for calls that are cancelled after Contractor has dispatched equipment. III. GENERAL PROVISIONS A. Term of Contract : This contract shall be in effect for a term of three years and may be renewed thereafter on a yearly basis at the City's option, provided that Contrac- tor shall submit a written request for renewal of this contract not less than sixty days prior to the expiration of this contract. This contract may be cancelled by either party for just cause by giving the other party a sixty-day written notice of intent to cancel. If at the end of the term of this contract or of an extention of this contract. the City receives bids for the services to be performed under this con- tract and Contractor is not the successful bidder, Contractor shall continue to provide all service under the terms of this contract until the new successful bidder continences operation. All towing and storage fees incurred up until the day the commencement of operations by the new successful bidder shall be paid to Contractor, and all towing and storage fees incurred from the date of commencement of operation by the new successful bidder shall be paid to the new successful bidder. Contractor shall dispose of all vehicles remaining in the abandoned car -6- IeJ'd • • lot according to the provisions of this contract. Contractor shall be required to keep all performance bonds and insurance required by this contract in effect between the time this contract expires and the time the new successful bidder commences operation or the time the last vehicle in Contractor's abandoned car pound is dis- posed of as required by this contract, whichever event occurs last. B. Bonds and Insurance: Contractor shall furnish a performance bond in the amount of $20,000. Contractor shall furnish certificates of insurance coverage in the following amounts: 1. Workmen's Compensation; 2. Garage liability with garagekeeper extra legal liability -- a. bodily injury - $100,000 - $300,000, and b. property damage - $50,000; 3. Auto liability -- a. bodily injury - $100,000 - $300,000; b. property damage - $50,000; c. This coverage is to include cars and trucks owned, rented, hired or leased, or otherwise used by the contractor and its employees in and around or in connection with the per- formance of this contract; 4. Contractor shall also provide insurance coverage for damage or loss to vehicles while in Contractor's care, custody or control. The certificates to the above insurance policy must be approved by the City Attorney and be filed with the City Purchasing Agent prior to the issuance of a work order on this contract. These policies shall also contain a provision which requires the insurance company to notify the City if the policy is cancelled or has expired. Contractor shall acquire all insurance and bonds at its own expense and shall have no claim against the City for any expense incurred in obtaining any insurance or bond. C. Liability. Contractor shall be and shall act as an independent contractor for the City and shall not be nor act as an agent, employee, or servant of the City. Contractor or its bonding agent will be solely liable for any damage or loss whatsoever occurring to any motor vehicle, including City vehicles, from the time of pickup until release and to the City's tire and Y inventory provided to Contractor and agrees to defend against and to hold harmless and indemnify the City for every claim, suit, or judgment resulting from damage or loss to any vehicle -7- g 72A • • while in care. custody, or control of Contractor. 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 negligence, want of care. neglect. or intentional conduct or willful and wanton conduct of Con- tractor. its agent or employees while performing any of the acts called for in this agreement. Contractor shall have no claim for indemnity or contribution should the contractor's liability accrue by virtue of having impounded a motor vehicle without prior authorization from the City. The City agrees to indemnity and hold harmless Contractor for any and all claims against Contractor for wrongfully impounding any motor vehicle which Contractor took into its custody pursuant to authorization by the City. D. Contractor shall abide with and be bound by all applicable sta- tutes and ordinances, including equal employment and Federal minimum wage laws and the City's rotating wrecker ordinance, and shall in no way be relieved of the neces- sity to comply therewith by this contract. E. Contractor hereby grants to the 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 the provisions and requirements of this contract are fulfilled. F. The Director of Finance or his representative shall approve the revenue accounting system of Contractor and shall have the authority to audit all records relating to the gross income of the contract and records relating to the sale of abandoned vehicles during normal working hours. G. The headings provided in this contract are for descriptive purposes only and are not to be considered in construing this contract. H. The term "gross income" shall include all fees collected for towing and storage on vehicles reclaimed by their owners from either pound and gross sales received on the disposition of unclaimed vehicles. Charges for wrecker service for City equipment is not gross income. I. This contract is to be performed in Nueces County. Texas. J. This document constitutes the complete contract between the City and Contractor. and no alteration or addition to this contract shall be binding on either the City or Contractor unless that addition or alteration is in writing and approved by Contractor and the City. -8- e 114 • EXECUTED IN DUPLICATE this the �� /% day of �pc-.�; <_YL 1979. ATTEST: CITY OF CORPUS C ISTI /AZ By C Secretary APPROVED: SI ,4 DAY 0 Aro J. BRUCE AYCOCK, CITY ATTORNEY By 4OetP144...( City Attofhey 4 iLD re for of F? ATTEST: ecretary R. Marv' Townsend, City Manager AY WRECKER CO., NC. By 1141.%_4g t. BY COUNCIL -7/c SE TAP • • Corpus Christi, Texas c0/ day of amy, ji , 19 7? 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 suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MA OR THE CITY OF CO US C ' STI, TEXAS The Charter Rule was suspended by the following vote: Gabe Lozano, Sr. CA_a_T a Bob Gulley a"'_19 David Diaz Ct Q�� Ruth Gill CA Joe Holt Tony Juarez, Jr. ClAIF Edward L. Sample F'D The above ordinance was passed by the following vote: Gabe Lozano, Sr. Bob Gulley n1 Li David Diaz Ruth Gill fb,( j sU Joe Holt cti).001Y1 Tony Juarez, Jr. Edward L. Sample 14748