Res 1208 7/6/1971RESOLUTION NO. /AQd
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain contract dated July 6, 1971, a copy of
which is attached hereto, between the City of Wichita Falls and
Hi Neighbor, Inc. , concerning the placing of litter receptacles,
is hereby approved, and the City Manager is authorized to execute
the same for the City.
PASSED AND APPROVED THIS the 6th day of July, 1971.
i
M A Y O R
ATTEST:
City Clerk
THE STATE OF TEXAS )
COUNTY OF WICHITA )
THIS AGREEMENT made and entered into by and between
the City of Wichita Falls, Texas , hereinafter called City, and
Hi Neighbor, Inc. , hereinafter called Company, of Lebanon, Missouri,
WITNESSETH:
In consideration of the mutual agreements herein contained,
the parties hereto do hereby agree as follows :
1. Company agrees to transfer by bill of sale and
deliver to the City no more than forty (40) new litter receptacles
to be placed within the City of Wichita Falls at locations which
are to be selected by the Director of Public Works and Director of
Traffic and which are points of heavy pedestrian traffic. These
receptacles shall be of high quality material and construction
similar to or of equal quality to those represented to City by
Company.
2 . City grants to Company the right and privilege of
the use of the side panels on such receptacles for the duration of
this contract, such use to be limited as hereinafter set out.
Company shall contact local merchants in regard to contributing to
the cost of the receptacles . Those persons, firms and/or corpora-
tions which contribute to the cost of the receptacles may have this
fact acknowledged by placing suitable and appropriate acknowledge-
ments on the side panels of the receptacles and such acknowledgements
shall be prefaced by the words "donated by" or "courtesy of" and
controlled by a suitable contract between Company and such person,
firm, or corporation as to the terms and conditions of the contribu-
tions and acknowledgements, so long as such terms and conditions do
not violate the terms of this contract. If, in the opinion of
City, the acknowledgement of any particular person, firm or cor-
poration is improper or discredits the City, City may prohibit the
use of such acknowledgement.
3. Company agrees that it shall, during the term of this
contract, be responsible for the maintenance and repair of such re-
ceptacles . Should a receptacle become so damaged as to require
replacement, City shall so notify Company, and Company will replace
such damaged receptacle with a new receptacle.
4. The receptacles will be furnished within thirty (30)
days after the date of this contract, and the contract shall continue
for a term of two (2) years after the date of delivery of the first
of the receptacles . At the expiration of the two-year term of this
contract, Company shall have an option to renew this contract for
an additional two-year period under the same terms and conditions,
except that the parties may agree to an additional number of con-
tainers . Such option shall be exercised by Company by giving City
notice in writing of its desire to do so not less than thirty (30)
days prior to the expiration of the term of the contract.
5 . In the event Company breaches any of the covenants
contained herein, and such breach is not corrected by Company within
ten (10) days after having been notified in writing by City to do
so, City shall have the right to terminate this contract.
The parties hereto have caused this agreement to be
executed this the 6th day of July, 1971.
ATTEST: CITY OF WICHITA FALLS, TEXAS
By 1
City Clerk City Manager
ATTEST: HI NEIGHBOR, INC./
By:
Secretary President