HomeMy WebLinkAboutAgenda Report - June 2, 1982 (45)I
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CITY COUNCIL
FRED M REID. Mayor
ROBERT G. MURPHY.
Mayor Pro Tempore
IVELYN M OLSON
JAMES W. PINKERTON. Ir
IOHN R (Randy) SNIDER
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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
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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.
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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
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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.
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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
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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
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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