HomeMy WebLinkAboutResolution 1988-038 (3)
RESOLUTION NO. 87-38
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 ABC Wrecker Service as the act and deed of the City.
PASSED AND APPROVED this 11th day of January, 1988.
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MAYOR
ATTEST:
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TY SECR TARY'
APPROVED AS TO FORM AND LEGALITY:
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ATTORfl!ÊY FOR THE CITY
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STATE OF TEXAS
COUNTY OF TARRANT
§
§
CONTRACT
KNOW ALL MEN BY THESE PRESENTS, THAT:
The undersigned ABC Wrecker Service shall perform
wrecker service for the undersigned City of North Richland Hills,
Texas by mak i ng lOCi ty pulls" for a per iod of óne year from.
February 1, 1988 through January 31, 1989. A "City pull" is
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defined as any "pull" when the towed vehicle is pulled to the
City pound or the "pull" of a City owned vehicle to any
designated destination.
The charges for such service shall be determined by the
prices shown on the attached bid sheet.
The charge for pulling City owned vehicle$ shall be
paid to ABC by the 11th day of the month following the date of
the service rendered.
For all other City pulls the City will bill the owner
of the vehicle pulled and will remit the charges from the first
monies received from said owner.
In the event the owner does not
claim the vehicle and does not pay the charges the City will
remit the charges to ABC fro~ the first monies received from the
sale of the vehicle. These payments shall be paid to ABC by the
11th day of the month following the receipt of the funds by the
City.
Page One
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ABC Wrecker Service agrees to comply with all of the
terms of Ordinance No. 1490, as passed or amended.
In this
connection ABC Wrecker Service agrees to perform its services in
a good and workmanlike manner.
The City Council shall be the
final judge of whether or not the services were performed in a
good and workmanlike manner.
ABC Wrecker Service agrees to respond to calls within
thirty minutes and recognizes
that compliance with their iesponse /
as compliance with this Contract is/
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time is of the essence so far
concerned.
ABC Wrecker Service shall be considered an independent
con~ractor 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 ABC is anything other than an
independent contractor.
In the event that any officer or
employee does any act in violation of this paragraph, ABC is
charged with the respons ib i ll'ty to ca II th is matter to the
attention of the officer or employee and to report such action to
either the City Manager or Assistant City Manager immediately.
ABC Wrecker Service agrees to hold the City harmless
from all claims for personaf injury or injury to property arising
out of its services under this Contract and agrees to exercise
ordinary care in the pulling of all vehicles and performance of
all services under this Contract.
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Page Two
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The initial period of this Contract shall be from
February 1, 1988 through Janua.ry 31, 1989, 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 this
22
day of
January
, 1988,
subject to approval of the City Council.
ABC WRECKER SERVICE
By:¿d¡ fl~
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Owner
Signed by the City of North Richland Hills, Texas this
22
day of
January
, 1988 as authorized by Resolution of
the City Council.
CITY OF NORTH RICHLAND HILLS
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By:
Mayor
ATTEST:
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age Three
ALITY:
Rex McEntire
Attorney
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