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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. ~ MAYOR ATTEST: ~~ Æ-~ TY SECR TARY' APPROVED AS TO FORM AND LEGALITY: ~t ATTORfl!ÊY FOR THE CITY ( , ... .. " 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 /-.. _/ 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 ;.<!\o".;~ ,. p ( ("7 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/ ...,-, / 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. - ---., Page Two ....-. .",'~-:~r~i;';·;-i~.~' ~ _.':.l¿I¡·::· :.~. .:.~.~~~.\.... 0' '_0, ( .' .;.. "".: ',"": '... ~ . ... ( (J "".. . 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~ ,~.-, -_/ 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 fuGU By: Mayor ATTEST: t=r~~ -------- age Three ALITY: Rex McEntire Attorney . ~, , . , . ~.