HomeMy WebLinkAboutAgenda Report - January 2, 1992 (51)r
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CITY OF LODI
AGENDA TITLE: Awarding of Contract for Removal of Abandoned Vehicles
MEETING DATE: January 2, 1992
PREPARED BY; City Attorney
REIDCkhUqDED ACTION: information only.
BACKGROUND INFORMATION: Questions have recently arisen about the manner
in which the City awarded the contract to Stubbs
Paint & Body for removal of abandoned vehicles.
The following is a brief overview of events with
reference to applicable law.
According to City files, Guthrie. Inc., DBA Stubb's Auto Body 6 Paint, had
an agreement with the City of Lodi for removal of abandoned automobiles
dating back to at least 1985. The agreement lapsed and was not extended
because of a 1989 federal court case from Santa Ana, California which
called into question the authority and procedures used to abate
non-operative cars.
After some clarification of the Santa Ana case. it was determined that the
City could once again abate abandoned autos. There were numerous
discussions between the Community Development Deparlment and myseef over
the appropriate manner of handling the situation. . c was the feeling of
the Community Development Department that the contract should not be put
out to competitive bid since vee had a long and satisfactory relationship
with Stubbs Paint A Body, and also due to the fact that no other towing
service at that time expressed any interest whatsoever in submitting a
proposa 1.
Under Municipal Code Section 3.20.070, contracts for services would
normally go to competitive bid. However, that section allows the City
Council to determine that such competitive methods can be dispensed with
where it would be "in the best interests of the city" or where there is a
sole source supplier. I believe that was the position taken when this
contract was awarded. There are no other State statutes of which 1 am
aware requiring this sort of contract to be put to public bid, since it is
not a "public works contract" udder applicable State law.
APPROVED
THOMAS A PETERSON .c►mw wv..
Cny Manager
CC -1
9
Awarding of Contract for Removal of Abandoned Vehicles
January 2, 1992
Page Two
The present agreement runs for 3 years from Auqust 1991. If the Council
wishes, it could certainly request proposals from various service
providers upon expiration of the present contract.
FUNDING: None Required.
Respectfully submitted,
'jxv �R- �
3ob HOW
City Attorney