HomeMy WebLinkAboutResolution - 1115 - Contract - Perkins Wrecker - Abandoned Vechicles Removal & Storage - 05/13/1982SMH:da
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RESOLUTION 1115 - 5/13/82
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY
OF LUBBOCK AND PERKINS WRECKER FOR THE REMOVAL AND STORAGE OF ABANDONED VEHI-
CLES WITHIN THE CITY OF LUBBOCK.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a contract for
the removal and storage of abandoned vehicles within the City of Lubbock,
between the City of Lubbock and Perkins Wrecker, attached herewith which shall
be spread upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 13th day of 1982.
B M ISTER, MAYOR
ATTEST:
41? -e Ole ;�17�
E lyn G g , Cit ary-Treasurer
APPROVED AS,TO CONTENT:
C\Y.") D=!_�
J. T. Alley, Chief of Pylice
APPROVED AS TO FORM:
�uw n - "
Susan M. Horton, Assistant City Attorney
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• '` RESOLUTION 1115 - 5/13/82
(1.1?v-FrRFTARY-TREASURER
STATE OF TEXAS §
COUNTY OF LUBBOCK § KNOW ALL MEA BY THESE PRESENTS:
AGREEMENT TO REMOVE AND STORE ABANDONED MOTOR VEHICLES
THIS AGREEMENT, made and entered into this /UL
day of
L-1,7 , 1982, by and between.the CITY OF LUBBOCK,
located in Lubbock County, Texas, acting by and through BILL
McALISTER, Mayor of said CITY, authorized to do so, and herein-
after referred to as the CITY and
located in Lubbock County, Texas,
hereinafter referred to as WRECKER for the purpose of the re-
moval, preservation and storage of abandoned motor vehicles with-
in the City of Lubbock, Texas.
DEFINITIONS
In this Agreement:
1.
"Abandoned motor vehicle" means a motor vehicle that
is inoperable and more than eight years old and left
unattended on public property for more than 48 hours,
or a motor vehicle that has remained illegally on pub-
lic property for a period of more than 48 hours, or a
motor vehicle that has remained on private property
without the consent of.the owner or person in control
of the- property for more than 48 hours, or a motor
vehicle left unattended on the right-of-way of a de-
signated county, state, or federal highway within this
state for more than 48 hours or for more than 12 hours
on a turnpike project constructed and maintained by the
Texas Turnpike Authority.
2.
"Storage facility" means a garage, parking lot, or any
type of facility or establishment/ for the servicing,
repairing, storing, or parking of motor vehicles.
3.
"Motor vehicle" means a motor vehicle subject to re-
gistration under the Certificate of Title Act (Article
6687-1, Vernon's Texas Civil Statutes).
4.
"Remove" means to pick up a motor vehicle pursuant to
this Agreement and remove off public or private pro-
perty at the request of the CITY.
5.
"CITY" includes the police department, the sheriff or
his appointed deputy or the constable of a county,
acting under -the general police power authority as
vested in such department by its respective governing
body.
6.:'
"Preserve" means to take reasonable measures necessary
to protect a motor vehicle and its inventoried contents
from weather conditions, theft, fire, vandalism and
acts of negligence perpetrated by WRECKER or any third
parties.
7.
'
"Store" or "storage" means to park or -hold or possess
a motor vehicle pursuant to this Agreement until pro-
perty removed.
t 00
Page l {
TERMS AND CONDITIONS
WITNESSETH: That for and in consideration of the payments
and agreemegts hereinafter mentioned, to be paid and performed by
the hereinabove parties and under the conditions expressed in
this Agreement, said parties HEREBY AGREE to the following terms
and conditions:
1. This Agreement and all supplements and agreements in-
cidental thereto shall be construed by and governed by
the laws of the State of Texas;
2. WRECKER shall remove, preserve and store any and all
abandoned vehicles.designated to be picked up at the
CITY'S written request. Such vehicles shall be removed -
*by WRECKER within forty-eight (48) hours after WRECKER
receives written notice of CITY'S request for removal,
preservation and storage. This notice shall be in a
form provided by CITY.
3. WRECKER shall supply CITY a written inventory of items
located in each vehicle removed and/or stored by
WRECKER.
4. WRECKER shall store all vehicles in question in a pro-
tected storage area which includes but is not 'limited
to an area with a roof, walls and security devices in-
tended to prevent theft and/or vandalism of such stored
vehicles and their contents.
S. WRECKER shall not remove a vehicle from its storage
facility, return a vehicle to its owner or in any other
way settle charges or claims with a vehicle owner
without the prior written consent of CITY. WRECKER
shall store and retain possession of any and all ve-
hicles held.._under „this_ Agreement until CITY releases.
such by written approval.
6. WRECKER shall keeprecords
pertaining to the removal,
preservation and storage of any and all vehicles pur-
suant to this Agreement, including towing costs, storage
costs and other incidental expenses pertaining to such
vehicles. Such records shall be available to CITY
upon request.
7.
WRECKER shall provide.CITY with a statutory-approved
performance bond in the amount of $10,000.00. WRECKER
shall further provide and keep in effect an insurance
policy in an amount equivalent to cover liability for
loss due to fire, theft, vandalism, and/or negligence
on the part of WRECKER. CITY may request and upon re-
quest, shall be supplied proof of such insurance cover-
age in such amount to adequately cover such liability.
8.
From the proceeds of the sale at auction of any or all
motor vehicles pursuant to this Agreement, CITY shall
•be
{
entitled to reimburse itself for auction expenses,
towing costs, preservation and storage costs and all
notice and publication costs statutorily incurred.
WRECKER shall not collect any monies from the sale at
auction of any vehicles removed and/or stored pursuant
to this Agreement except that this proscription of this
Agreement shall not apply to motor vehicles left in a
storage facility operated for commercial purposes for
more than ten (10) days or motor vehicles stored pur-
suant to a contract for storage entered into between
said vehicles' owner or operator and the owner or
operator of any storage facility.
9.
WRECKER shall hold CITY free from any liability or re-
sponsiblity for the acts of WRECKER or its authorized
agents or employees in the performance of any terms and
conditions of this Agreement or for services rendered
by WRECKER.
-10.
CITY- shall- pay y ...$... `��___ D,D per motor vehicle to'
remove, preserve and store such vehicle pursuant to the
terms and conditions of this Agreement.
- 11.
The term of this .4_ res fent shall ba =o_ a period of
time from the day of J!!••r 1982
until the 31ST day of MAY 19 83 , when
upon such date at 12:01 o'clock a.m., this Agreement
shall expire and terminate and shall be of no effect
thereafter and the additional period of time required
to dispose of the vehicles on hand at the end of the
term.
12. WRECKER shall hold in its possession any and all in-
ventories while in the possession of any and all motor
vehicles pursuant to this Agreement until authorized to
release such inventories by CITY.
IN WITNESS WHEREOF, the parties to these presents have agreed
upon.and executed this AGREEMENT TO REMOVE AND STORE ABANDONED
VEHICLES this 13th day of May 1982.
—,ATTEST: CITY OF LUBTE CITY)
BY:
Evelyn a g i n ra e i McA aster,
Secretary -Treasurer Mayor
ATTEST:
Secretary
(WRECKER)
BY:
Ti 't�eEsti
APPROVED AS TO FORM:
Ken Johnson, Assistant
City Attorney
COMPLETE • iD•
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I"-arca"Ing Department
.. CIT=Y OF LUBBOCK
P. O. ,E9x: 2MD
Lbbock, Texas 79457
Telephones:
762.6411
Ext. 2165 - 2166.2167 -
2168 - 2169.2170
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PERKINS WRECKER
4901 UTE AVENUE
LUBBOCK. TEXAS 79404
CITY or LussOCK 6822
No
REQUEST FDR DUDT/1TION (Number must appear on ALL
•THIS IS NOT AN ORDER comes �gdcnee)
Closing 2'' uu P.M.
Mailed 4-23-82 Date 5-10-82
SEE
I'm" S T R U C T 10 "'
TO BIDDERS
L _J ON REVERSE
Gentlemen:
Please quote us on articles listed below. The right Is reserved to accept or reject
or part of your offer, and to accept the otter the City considers the most advantageous
all
an 'e Cates acceptable 1f in the City's opinion the necessary requirements are met. Arly SIDE
suggestions as to quantity to secure a better price are welcome.
•Ta•
Ma•
QUANTITY
UNIT
OCaCRIPTION
These columns
6RANO
to be filled
IT
Rtl [
in by firm
TOTAL
NET PRICE
quoting
DELIVERY
DATE
BIDS WILL BE RECEIVED BY THE CITY OF
LUBBOCK AT THE OFFICE OF THE DIRECTOR
OF PURCHASING. ROOM 103, CITY HALL.,
LUBBOCK. TEXAS UNTIL 2:00 P.M.. MAY
10. 1982. FOR THE REMOVAL AND STORAGE
OF ABANDONED VEHICLES WITHIN THE CITY
OF LUBBOCK. BID FORMS AND INSTRUC—
TIONS ARE ATTACHED. FILL IN SPACE OF
ITEM #10 WITH THE AMOUNT OF YOUR BID
PER VEHICLE.
Ririe
a•01 1•,n .o.•e;__A
1... rl...
uaw auu Lune specuiec aoove.
Each bid must be sealed in a seperate envelope, addressed to Floyd P. Nesbitt, Director of Purchasing. City of Lubbock, Box 2000, Lubbock,
Texas 79457, and have BID NUMBER and CLOSING DATE MARKED ON OUTSIDE OF ENVELOPE.
It shall be the responsibility of each bidder to insure delivery of bids in accordance with said closing date and time. The City of Lubbock, its
Agents. Officials and employees shaltnot be responsible for delay in the receipt of bids submitted by mail.
ALL BIDS MUST BE QUOTED F.O.B. LUBBOCK. Pricing a f '• A_1�
-I (firm unless otherwise stated)
Terms % Minimum of 15 days from receipt of merchandise must be allowed on all cash discounts.
Shipment will be made from
For Additional Information, Contact Mr. LT. JAMES PROTHRO. (806) 762 -6411P -EXT. 2800
The undersigned hereby offers to furnish and deliver the articles or services as specified above at the prices and terms stated and in strict accordance
%ith the specifications and General Conditions of Bidding on reverse side hereof, all ich are made a t of this o r.
Dau .19 Signed By ��—
ALL BIDS MUST BE SIGNED. _
T" UNSIGNED BIDS %ILL BE RETURNED.
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