HomeMy WebLinkAboutResolution 1989-009
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RESOLUTION NO. 89-9
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, that:
The Mayor be, and is hereby, authorized to execute the attached
contract with AA Wrecker as the act and deed of the City.
PASSED AND APPROVED this 27th day of February, 1989.
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Mayor
ATTEST:
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'ty Secretary
APPROVED AS TO FORM AND LEGALITY:
Att~~
STATE OF TEXAS
CONTRACT
COUNTRY OF TARRANT
KNOWN BY ALL MEN PRESENT, THAT:
The undersigned AA Wrecker shall perform all wrecker
services specified for the undersigned City of North Richland Hills, Texas
by making the "Authorized City Pulls" and "Services" for the period of one
contract year, beginning March 1, 1989, through February 28, 1990. A
"Authorized City Pull" is defined as any situation in which a vehicle is
caused to be towed or otherwise transported by the contracted wrecker
service at the direction of an authorized agent of City of North Richland
Hills to the automobile impoundment facility or any other designated
destination. For the purpose of this contract a "vehicle" shall mean every
device in, or by which any person or property is or may be transported or
drawn upon a public roadway, and includes, but is not limited to,
implements, equipment, or machinery, owned, operated, under the direction
or control of agents of the City of North Richland Hills.
A "Police
Department Pull" is defined as outlined in an "Authorized City Pull" and
includes all vehicles towed, removed, moved, seized, or taken into custody
by the police department as allowed under applicable Federal, State, and
Municipal Statutes, Laws, Ordinances, and Regulations. A "Service" is
defined as any road service, towing, winching, or other service performed
at the direction of an authorized city agent that could normally and be
reasonably be performed by a wrecker service.
The charges for such service shall be determined by the
prices shown on the attached bid sheet.
The charges for "Authorized City Pulls" and "Services"
shall be paid to AA Wrecker Company by the 11th day of the month following
the dates for services rendered.
AA Wrecker Company agrees to comply with all of the terms of
Ordinance Number 1490, as passed or amended, and all other applicable
Statutes concerning the operations of wreckers within the state. In this
connection AA Wrecker Company agrees to perform its services in an
acceptable and professional manner.
The City Council shall be the final
judge of whether or not the services provided are performed in an
acceptable and professional manner.
AA Wrecker Company agrees to respond to calls within thirty
minutes and recognizes that their compliance with this required response
time is of the essence so far as compliance with this Contact is concerned.
AA Wrecker Company shall be considered an independent
contractor for all purposes and in no way shall it be considered to be an
agent, servant or employee of the City. No City officer or employee is
authorized to require details of service so as to give rise to any
indication that AA Wrecker Company is anything other than an independent
contractor. In the event that any officer or employee does any act in
violation of the
responsibility to
paragraph,
call this
AA Wrecker Company is
matter to the attention
charged with the
of the officer or
employee to report such action to either the City Manager or an Assistant
City Manager immediately.
AA Wrecker Company agrees to hold the City harmless from all
claims for personal injury or injury to property arising out of its
services under this Contract and agrees to exercise ordinary care in the
towing, pulling, or handling of all vehicles and performance of all
services under this Contract.
The period of the Contract shall be from March 1, 1989,
through February 28, 1990, unless terminated sooner by mutual consent of
the parties or terminated for cause by the City Council of the City of
North Richland Hills, Texas.
SIGNED ON THIS THE 28TH OF FEBRUARY, 1989 IN AND FOR
CITY OF NORTH RICHLAND HILLS
AA WRECKER SERVICE COMPANY
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Tommy Brown, Mayor /.{J.;r;.. ~~ CY:'ITHIA 81'1 MICKDonald E. Denman, Owner
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\... ~" "JNoTll,r:{'{ FUBue SiATE OF TEXAS
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Signed by the City of North Richland Hills, Texas this 1st
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day of March, 1989 as authorized by Resolution of the City Council.
CITY OF NORTH RICHLAND HILLS
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ATTEST:
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City Secretary