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HomeMy WebLinkAboutAgenda Report - August 21, 1991 (84)� oa OF LORI cg4so�'�s AGENDA TITLE: Consider renewing contract with Stubbs Paint and Body to haul abandoned vehicles for the Community Development Department MEETING DATE: August 21, 1991 PREPARED BY: Community Development Director RECOMMENDED ACTION: That the City Council consider renewing contract with Stubbs Paint and Body to haul abandoned vehicles for the Community Development Department. BACKGROUND INFORMATION: On September 4, 1985 the City entered into a Franchise Agreement with Gary Guthrie, CBA Stubbs Auto Body for the removal and dismantling of abandoned, wrecked, dismantled or inoperative vehicles from private property as described in the Municipal Code, Title 10, Section 10-56. The contract was for a period of three years. It was not renewed because a decision of the Federal Ninth Circuit Court of Appeals appeared to require that each removal required a Court Order. Subsequent interpretations of that decision indicate the Court Order is only required when the issue of privacy is raised. If the vehicle is in plain view from public property (i.e. street, alley, park, etc.) it may be removed. However, if it is behind a fence, a Warrant issued by a Judge is required. The Community Development Department wants to proceed with the abandoned automobile program and would prefer to have TA Guthrie haul and dismantle the vehicles. VIS had a very good working relationship in the past. The alternate to renewing the Franchise Agreement would be to put it out to bid. It should be noted that the Contractor removes and dismantles the vehicles without charge to the City or the vehicle owner. The Contractor makes his money from the sale of the dismantled automobiles. FUNDING: Nome Required. rtees c Ja B h eder S '`-6imuni ty Develcpmmt Director JBS/cg Attachments APPROVED THOMAS A. PETERSON City Mnnooer CCCD91.14/TXTD.OIC CC -1 FRANCHISE AGREEMENT This Agreement, made and entered into 3s of the 4th day of Septsnber , 1985, by and between the City of Lodi, a Municipal Corporation of the State of California, hereinafter called CITY, and Guthrie, Inc., hereinafter called CONTRACTOR. W I TNES SETH : WHEREAS, the City of Lodi adopted Ordinance No. 954 on June 16, 1971, now, Title 10, Section 10-36, Lodi Municipal Code, providing for the removal and dismantling of abandoned, wrecked, dismantled, or inoperative vehicles on private property within the incorporated I i m i is of' C i t y of Lod i; and 4YVEREAS, Contrnctor owns a duly licensed automobile dismantler with sufficient equipment to fulfill the requirements of removal of abandoned vehicles and the dismantling thereof and is desirous of providing such service to city; NOW, THEREFORE, City and Contractor mutually agree as follows: 1. SCQPY.-OFAGR F.ir.MENT - This Agreement s h a 1 I cover the removal, disposal and dismantIing pursuont to City of Lodi Ordinance No. 954 of a1I abandoned, wrecked, dismantled or inoperative vehicles located upon private or public property not including highways in the incorporated area of the City of Lod i . 2. ORDERS FOR REMOVAL - Contractor shall only remove vehicles when an order for removal has been given by the Community Development Director of the City. 3. TERM This Agreement shall be in effect for a period of three (3) years from and after the date hereof. 4. EXCLUSIVE RIGHTS - Contractor shall have the exclusive right to remove all vehicles ordered removed pursuant to the provisions of said Ordinance No. 954 and City agrees not to contract with any other automobile dismantler during the period of this Agreement for said services. 5. CfIf1RCES - Contractor agrees to remove all vehicles ordered removed without charge to the City or the owners thereof, and vehicles shall only be dismantled or scrapped and shall not thereafter be reconstructed or made operable, out Contractor may sell or dispose of such dismantled automobiles for his own benefit. 6. SERVICES PROVIDED BY CONTRACTOR - Contractor agrees to provide, maintain and operate equipment sufficient to fulfill the requirements of this Agreement and be capable of removing at least ten (10) vehicles or parts thereof each week. Vehicles removed at the request of private individuals shat: not be included as nny part of the required performance. Contractor agrees to operate his business from 8A0 a.m. to 6:00 p.m., Monday through Friday incIus1vo, excluding legal holidays, Employees of Contrnctor shall wear a clean n anti neat -2- uniform with the identification of Contractor plainly imprinted on the uniform. Enployees shall be courteous with good manners and no profane language shail be used. All equipment of Contractor shall be neatly painted and maintained in a business -like manner with the identification of Contractor professionally painted thereon. 7. IXMPLIANCE.VUH—TU LAWS = C.ontr_actor agrees to comply with all provisions of low including, but not limited to, the operation of his vehicles and dismantling yard. 8. TIME AND METHOD OF REI YAL - Contractor agrees to remove vehicles promptly and in any event not later than fifteen (15) days after the order for removal is given. When removing the vehicles or parts thereof, the property on which it was located shall be left free from glass or other vehicular debris. Contractor is not required to obtain permission of.the owner of property upon which a vehicle has been ordered removed before entering thereon, but Contractor shall not forcibly enter nor continue his operations if objection thereto is encountered. Contractor shall immediately report any such incident to the Community Development Director for further direction. 9. INDEPENDENT CONTRACTOR - It is understood and agreed that Contractor, in performing this Agreement, is an independent contractor and is not performing services herein required as an agent or employee of City. -3- 10. RECORDS - Contractor agrees to maintain complete records of vehicles removed and the disposal made thereof. In addition, Contractor agrees to notify City in writing within ten (10) days after any vehicle is removed. 11. PRIVATE REMOVALS - Any provision of the Agreement to the contrary notwithstanding, Contractor may solicit automobile removal, salvage, and dismantling business from individuals providing that in so doing, Contractor shall not directly or indirectly suggest, state, or imply that a City ordinance requires such removal. Any vehicles so removed, salvaged or dismantled shall not be construed to be removed, salvaged or dismantled pursuant to the terms of said Ordinance No. 954 or under the aforesaid provisions of this Agreement. It is also understood and agreed Contractor shall not charge individuals for the removal of any vehicle or parts thereof providing that proper documentation of title is furnished Contractor pursuant to the Vehicle Code of the State of California. Said documentation shall be furnished Contractor prior to removal of said vehicle or part thereof. Contractor shall furnish written record to City by the fifth (5th) day of each month of all vehicles or parts thereof removed by the Contractor during the previous calendar month pursuant to this article. 12. INDEMNITY AUU-1N5 T,4NCE - Contractor assumes all risks incident to, or in connection with, this Agreement for the full period thereof and shall be solely responsible for all accidents or injuries to persons or property caused by its -4- W operations and Contractor agrees to maintain in full force during the term hereof a policy of public liability insurance under which Contractor is named 3s insured, and containing an Additional Named Insured Endorsement naming City as an additional insured, and under which the insurer agrees to indemnify and hold Contractor and City harmless from, and against all costs, expenses, and liability arising out of, or based upon, any and all property damage, or damages for personal injuries, including death, sustained in accidents occurring in or about the demised premises; where such accident, damage, or injury, including death, results, or is claimed to have resulted, from any act or omission on the part of Contractor or Contractor's agents or employees. The minimum limits of such insurance shall be $500,000,00/ $1,000.0M00, In addition to the Additional Named Insured Endorsement on Contractor's policy of insurance, said insurance policy shall be endorsed to include the following langunge: "Such insurance as is afforded by the endorse- ment for the Additional Insureds shall apply as primnry insurance. Any other insurance main- tained by the City of I,c,di or its officers and employees shall be excess only and not con- tributing with the coinsurance afforded by this endorsement." -5- A duplicate or certificate of said public liability and property damage insurance containing the above -stated required endorsements shall be delivered to City within ten (10) days after the issuance and each renewal of said policy. This paragraph and all other provisions of this Agreement, shall apply and be construed as applying to any subcontractor of Contractor. 13. DEFAL T - If either party hereto defaults or fails to perform any of the terms herein provided, then this Agreement shall terminate upon failure of the defaulting party to correct said default within fifteen (15) days after receiving written notice thereof from the other party hereto, but said termination shall not be exclusive of other remedies provided by law for such default. Time shall be of essence of this Agreement and every provisions hereof shall be construed to be material and substantial. 14. This Agreement shall be and remain in effect for a period of three (3) years from and after the date hereof, provided, however, that this Agreement may be unilaterally cancelled by C'ty or Contractor upon ninety (90) days written notice given to the other party. -6- IN WITNESS HEREOF, the parties have set their hands as of the -11th day of - September----- , 1985. CITY OF LODI $—City .Manager Attest: - --�-_ -- -Al M. City Clkrk agree5 -7- GUTHR I E, INC. B RESOLUTION NO. 91-158 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE RENEWAL OF A CONTRACT WITH STUBBS PAINT AND BODY TO HAUL ABANDONED VEHICLES FOR THE COMMUNITY DEVELOPMENT DEPARTMENT WHEREAS, Lodi Municipal Code, Section 3.20.070 authorizes dispensing with bidding procedures for services, purchases of supplies or property when the City Council determines that the purchase or method of purchase would be i n the best interests of the City; and WHEREAS, the Community Development Department has i n the past carried on, and wishes to continue the abandoned automobile program; and WHEREAS, the services for this program provided by Stubbs Paint and Body i n the past have been most favorable and at no charge to the City or the vehicle owner; NOW, THEREFORE, BE IT RESOLVED, that the Lodi City Council hereby approves the renewal of the contract with Stubbs Paint and Body to haul abandoned vehicles for the Community Development Department under the same terms and conditions as previously agreed to i n the 1985 Agreement. Dated: August 21, 1991 1 hereby certify that Resolution No. 91-158 was passed and adopted by the Lodi City Council i n a regular meeting held August 21, 1991 by the following vote: Ayes : Council Members - Pennino, Pinkerton, Sieglock, Snider, and Hinchman Noes : Council Members - None Absent: Council Members - None &U IT� Alice M. eimche City Clerk 91-158 RES91158/TXTA.01V