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HomeMy WebLinkAboutAgenda Report - June 2, 1982 (45)I 0 CITY COUNCIL FRED M REID. Mayor ROBERT G. MURPHY. Mayor Pro Tempore IVELYN M OLSON JAMES W. PINKERTON. Ir IOHN R (Randy) SNIDER 0 CITY OF LOD I CITY HALL. 221 WEST PINE STREET POST OfFICf BOX 320 LODI. CALIFORNIA 95241 (209) 334-5634 June 4, 1982 Mr. William Bedford j dba DEBCO Towing 2345 Navy Drive P.O. Box 1695 Stockton, CA 95206 Dear Mr. Bedford: HENRY A. GLAVES. Jr. City Manager ALICE M REIMCHE City Clerk RONALD M STEIN City Attorney Please be advised that the Lodi City Council, in action taken at a regular meeting held June 2, 1982, approved the extension of your previous agreement for the removal and dismantling of abandoned, wrecked, dismantled or inoperative vehicles on private property within the incorporated limits of the City of Lodi to your company. we are enclosing the original and two copies of the franchise agreement and would ask that you execute and return the original and one copy of the agreement to this office. Once those copies are received they will be fully executed and a fully executed copy will be returned to you. Should you have any questions regarding this matter, please do not hesitate to call. Very truly yours, Alice M. Reimche City Clerk AR: dg FRANCHISE AGREEMENT This Agreement, made and entered into as of the 2nd day of June, 1982 by and between the City of Lodi, a municipal Corporation of the State of California, hereinafter called CITY, and DEBCO Towing, hereinafter called CONTRACTOR. WITNESSETH: WHEREAS, the City of Lodi adopted Ordinance No. 954 on June 16, 1971, now, Article 6, Section 14-85 Lodi City Code, providing for the removal and dismantling of abandoned, wrecked, dismantled, or inoperative vehicles on private property within the incorporated Limits of the City of Lodi; and WHEREAS, Contiactor is 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. SCOPE OF AGREEMENT - This Agreement shall cover the removal, disposal and dismantling pursuant to City of Lodi Ordinance No. 954 of all abandoned, wrecked, dismantled or inoperative vehicles located upon private or public property not including highways in the incorporated area of the City of Lodi. 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. e 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. CHARGES - Contractor- agrees to remove all vehicles ordered removed without charge to the City or the owners thereof. aid vehicles shall only be dismantled or scrapped and shall not thereafter be reconstructed or made operable, but 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 shall not be included as any part of the required performance. Contractor agrees to operate his business from 8:00 a.m. to 6:00 p.m., Monday through Friday inclusive, excluding legal holidays. Employees of Contractor shall wear a clean and neat -2- uniform with the identification of Contractor plainly imprinted on the uniform. Employees shall be courteous with good manners and no profane language shall 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. COMPLIANCE WITH THE LAWS - Contractor agrees to comply with all provisions of law including, but not limited to, the operation of his vehicles and dismantling yard. 8 TIME AND METHOD OF REMOVAL — 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. Ira addition, Contractor agrees to notify City in writing within ten (10) days after any vehiclo 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 AND INSURANCE - 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- operations and shall indemnify, defend and save harmless the City from any and all claims, suits, losses or damages for injuries to persons or property arising out of the activities or Contractor, its agents and employees; provided, however, that this undertaking shall not apply to claims, suits, losses or damages arising out of the careless, negligent, or improper acts or omissions of City's officers employees, agents or 'i contractors. Contractor agrees to furnish a certificate to City after approval of same by the City Attorney indicating that Contractor has purchased, at its own expense, and is maintaining liability insurance from a satisfactory company insuring against legal liability for bodily injuries or death in the amounts of ONE HUNDRED THOUSAND AND N0/100 DOLLARS ($100,000.000) per person and THREE HUNDRED THOUSAND AND N0/100 DOLLARS ($300,000.00) per occurrence and damages to the property of others n the amount of FIFTY THOUSAND AND N0/100 ($50,000.00), and City shall be named as additional insured thereon. 13. DEFAULT - 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 provides` by law for such default. Time shall be of essence of -5- L 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 City or Contractor upon ninety (90) days written notice given to the other party. IN WITNESS WHEREOF, the parties have set their hands as of the 2nd day of June, 1982. CITY OF LODI Attest: AlIce M. Re nc e City Clerk By City Manager By Contractor