HomeMy WebLinkAbout13485 ORD - 11/17/1976JKH:hb:11/17/76
' a
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH J & R WRECKER SERVICE, CORPUS CHRISTI, FOR
EMERGENCY AND WRECKER SERVICE FOR CITY -OWNED
VEHICLES, ALL AS MORE FULLY SET FORTH IN THE 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 J & R Wrecker Service, Corpus Christi, for
emergency and wrecker service for City -owned vehicles, all as more fully
set forth in the contract, a substantial'copy of which is attached hereto
and made a part hereof, marked Exhibit "A ".
SECTION 2. The necessity to execute the aforesaid contract
at the earliest practicable date in order to provide emergency and wrecker
service for City -owned vehicles 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, having requested the suspension of the
Charter rule and that this ordinance take effect and be in full force and
effect from nd after its passage, IT IS ACCORDINGLY SO ORDAINED this the
Z =day 1976. ^.
ATTE
Cit Secretary YOR
THE CI OF ORPUS CHRISTI, TEXAS
APPROVED:
DAY OF , 1976: 'V'1Ghur_1LMED
J. B UCE AYCOCK, CI TTORNEY
By. JUN 3 01980 r
Assistant Cit ttorney
t
13185
t.
CONTRACT
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES X
This contract and agreement by and between the City of Corpus
Christi, a municipal corporation and body politic, operating under the
home rule statutes of the State of Texas, situated in Nueces County, Texas,
acting by its City Manager, R. Marvin Townsend, duly authorized to act,
hereinafter called "CITY ", and J & R Wrecker Service, of Corpus Christi,
hereinafter called "CONTRACTOR ", is hereby entered into for the purposes
and consideration hereinafter set forth.
I
GENERAL REQUIREMENTS
Contractor shall furnish proof of availability of adequate
equipment and storage facilities for the performance of this contract upon
demand by City. The initial equipment list and location and size of
storage area is attached to and made a part of this contract.
II'
WRECKER PERMIT
Contractor agrees to obtain an auto wrecker permit from the
Police Department prior to commencing operation.
III
DAMAGE TO CITY VEHICLES OR LOSS OF CITY PROPERTY
The Contractor and /or his bonding agent(s) will be responsible
for any damage to City vehicles or loss of City property caused by or
resulting from the execution of this contract.
IV
CONTRACTOR'S PERFORMANCE LIABILITY
If contract is cancelled for failure to perform, or if City -
owned property entrusted to the Contractor cannot be accounted for, the
Contractor and /or his bonding agent(s) will be responsible for any costs
incurred due to the cancellation, or City property loss. Cost for can-
cellation will be that cost over and above the bid price (plus administra-
tive expense) to obtain services necessary for the completion of the contract.
i �
Cost of unaccounted for City -owned property entrusted to the Contractor
will be the City's cost for new merchandise to replace the loss regardless
of whether items unaccounted for were claimed to be other than new.
Contractor agrees that any additional administrative and legal
expense incurred by the City as a result of infraction of this contract
or any loss of City property shall be paid by Contractor or his bonding
agent.
V
INSURANCE
The Contractor shall furnish the City Purchasing Agent certifi-
cates of insurance coverage in the following amounts:
1. Workmen's Compensation (if applicable)
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
This coverage to include cars and trucks owned, rented, hired or leased, and
others of nonownerwhip 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 Damage $ 50,000
The Contractor and his insurance carrier shall indemnify and save the City
of Corpus Christi, its officials, employees and agents harmless from all
claims for damage to persons, property or premises arising out of the executidn
of this contract.
VI
REQUEST FOR SERVICE
Service as required will be rendered upon request by the Chief
of Police or his authorized representative or the Director of Maintenance
Services or his authorized representative.
VII
SERVICES TO BE'PERFORMED
1. "On the spot" replacement or repair of tires on Police
vehicles.
-2 -'
2. Make other miscellaneous, "on the spot ", minor repairs
as required.
3. Tow in wrecked City vehicles and City vehicles beyond
"on the spot" repairs. These vehicles to be towed to
the City Maintenance Service Center, 5352 Ayers.
4. All tires and wheels or other miscellaneous items replaced
on the spot will be returned to the Maintenance Service
Center by the Contractor for exchange.
5. All items, including tires and wheels, turned in to the
Service Center for replacement, shall be clearly marked as
to the equipment number and date from which they were removed.
6. All service orders, shall be signed by the Contractor or
his authorized representative and must also include the
equipment number and date service rendered.
VIII
HOURS OF OPERATION
The Contractor shall be subject to twenty -four (24) hour a day
call, seven (7) days a week, including all holidays designated by the City.
IX '
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 the Contractor does not respond in a reasonable time, the City
reserves the right to arrange for the service required and charge back
the difference to the Contractor. Continuous: delays or excess down time
shall be cause for cancellation of this contract.
Contractor:
X
FEES
The following fees shall be the maximum charged City by
1. To provide "on the spot" repair or
replacement of tires on Police vehicles
and other miscellaneous "on the spot"
repairs as required.
Charge per call $7.00
-3-
2. Tow in wrecked City vehicles and City
vehicles beyond "on the spot" repair.
Charge per tow in $7.00
Additional charge of $5.00 ($5.00 maximum) may be charged if any one of
the following is performed: use of a dolly, disengaging of drive shaft,
other work in lieu of using a dolly, replacement or removal of tires,
towing of motorcycle and removal of vehicle from difficult location such
as a ditch. If more than one of these services is performed, an addi-
tional charge of $5.00 ($10.00 maximum) may be charged.
Call cancellation fee of $4.00 may be charged on calls that are cancelled
after Contractor has dispatched equipment.
XI
REPLACEMENT TIRE INVENTORY
The City of Corpus Christi will furnish the Contractor a
sufficient inventory of tires and wheels of various sizes, used on all
Police vehicles, to be used for replacement. The City reserves the right
to adjust or withdraw this inventory as it deems necessary. The Contractor
will be responsible for returning all tires and wheels belonging to the
City to the Maintenance Service Center upon request by the City and /or
at the termination of this contract.
XII
ACCOUNTABILITY
The Contractor will be responsible and accountable for this
inventory at all times and will be required to provide adequate storage,
secured to prevent theft, vandalism, fire, malicious mischief or any
other damage while in possession of the Contractor. The Contractor will
be required to keep an accurate record of all tires and wheels belonging
to the City in his possession.
XIII
RIGHT OF INGRESS AND EGRESS
Contractor shall grant the City and its agents the right of
ingress and egress to the Contractor's property where inventory is stored
at all reasonable hours for the purpose of inspecting, auditing or redemption
of said inventory.
—4—
XIV
'SCOPE
Contractor agrees to provide emergency and wrecker service for
Police vehicles and other passenger, pickup and van type vehicles within
the corporate limits of the City of Corpus Christi for a period of twenty -
one (21) months from November 18, 1976 through July 31, 1978. This con-
tract may be renewed on a yearly basis at City's option; provided Con-
tractor shall submit a written request for renewal not less than sixty
(60) days prior to expiration. City reserves the right to extend the
contract period a maximum of sixty (60) days prior to expiration. City
reserves the right to extend the contract period a maximum of sixty
(60) days beyond expiration date.
XV
PERFORMANCE BOND
Contractor shall post with the City Secretary a Performance
Bond in the amount of Five Thousand Dollars ($5,000) to insure compliance
with all specifications, terms and conditions of this contract, including
accountability of City -owned property.
Executed in duplicate originals this day of ,
1976.
ATTEST: CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend, City Manager
APPROVED:
DAY OF , 1976:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
ATTEST: J. & R WRECKER SERVICE
IV _
CORPUS CHRISTI, TEXAS
ML-AY OF
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 NECE33ITY 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; 1, 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 T E FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY T E OLLOWING VOTE:
JASON LUBY .�
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
-
No.
SAN ANTONIO, TEXAS
(lLer#ifiratg of Pnsnranre
ASSURED JOE GARCIA DBA J & R VAECMM SERVICE
5400 Ayers
ADDRESS Corpus Christi, Texas 78415
ACTING UPON YOUR INSTRUCTIONS and /or your representative's, and in accordance
with authorization granted us, we have effected insurance with
ALLIANCE MSURA1"10E COMPANY - RePMMSM, FJMAS
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 '
UPON ISSUANCE or POLICY.
Loss, if any, to be payable in United States Currency.
AMOUNTS OR LIMITS PREMIUM $ 240.00
$300,000. Bodily Injur Liability State Tax $ 8_47
each occurrence. $50,000. Property Policy Fee $ 20.00
Damage Liability each Occurrence, TOTAL $ 228-47
$50,000. aggregate. SUBJECT TO: $250.00 Deductible per claim.
COVERAGE
Maunfactcaers' and Contractors' Liability per Cover�e Part L 6408
al
and Texas Standard Genea Liability Provisions, ',cording attached,
except for the following forms: L 9294, Assault and /or Battery
Exclusion, Exclusion - Punitive or Exemplary Damsge, Service of
Suit Clause and Endorsement #1 attached.
Date effective 8./1/77 .12:01 A.M. To 8/1/78 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, Texts, this 15th day of AUMIst 197!.
This insurance contract is with an insurer not licensed to
tran —t insurance in this state and is issued and delivered
as a surplus line coverage pursuant to the Texas insurance
statutes. Article 1.14 -2, Texas Insurance Cale, requires
payment of 3 -85 per cent tax on grow premium.
This certificate shall not be valid unless signed by
QUIRK AND COMPANY
By
ACTING UPON YOUR INSTRUCTIONS and /or your representative's, and in accordance
with authorization granted us, we have effected insurance with -
AMAi!ICS IH99M CMAW - MCPHEM; ZANSAS
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 $ 3.00
$300,000. Bodily In �me Lfabilitq State Tax $_ '11_32
eaC13 QCQ3rr627Cl. ,. . Pr0p0rL7 - Policy Fee $ 20.00
i�ree Liability wit �, TOTAL $J 311.12
$5(3,000. aggregate. SEiB.T>±CT TO: $Z51?.00 Dedt:atibla per claim.
COVERAGE
Ol omm' and Contractorst Prateetias Liabibity per Coverage Part
L 6414 and Tema Stated General Liability Provisionalt wordim
attwhed, for the fallowing forts: L 922994, Aswuit and /or
Service off�Clmmu and E #1 attscbed.
Date effective SA/77 .12:01 A.M. To 8AIZ82 —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 ALIVA' 1971.
This certifies all not be valid u s signed by
This insurance contract is with an insurer not licensed to
transact insurance in this state and is issued and deliwrM R AND C!
as a surplus line coverage pursuant to the Tcxas insuransx
statutes. Article 1.14 -2. Tel Insurance Code, requires
payment of 3.85 per cent tax on gross premium.
BY