Res 2827 8/4/1981RESOLUTION NO. ,,
RESOLUTION APPROVING AND RATIFYING A
CONTRACT FOR WRECKER SERVICE DISPATCHING
WITH PLUMLEE AMBULANCE EMS, INC. , AND
AUTHORIZING THE CITY MANAGER TO EXECUTE
THE SAME FOR THE CITY OF WICHITA FALLS .
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS , THAT:
That certain wrecker service dispatching contract , in
which Plumlee Ambulance EMS , Inc. , has agreed to perform
wrecker dispatching services is hereby approved and ratified,
and the City Manager is authorized to execute the same for the
City of Wichita Falls.
PASSED AND APPROVED this the 4th day of August , 1981 .
A Y O R
ATTEST:
ale
City C erk
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
THIS Agreement made and entered into this the
day of 1981, by and between the City
of Wichita Falls, Texas , a municipal corporation, herein-
after called City, and Plumlee Ambulance EMS, Inc. of Wichita
Falls, a Texas corporation, hereinafter called Contractor,
WITNESSETH:
For and in consideration of the mutual covenants
herein contained, City and contractor agree as follows :
I .
TERM
This Contract shall be in force and effect for a
period of four years, beginning on the 17th day of June, 1981 .
This Contract will be subject to termination at the request of
either party by giving thirty (30) days written notice to the
other party of its desire to terminate the Contract , which notice
shall be delivered in person or by certified mail . If no such
notice be given, the Contract will continue until the end of
the fourth year, at which time the Contract shall terminate .
II .
SERVICE TO BE RENDERED
Contractor shall act as the authorized dispatch-
ing agent of the City for the purposes of dispatching wreckers
on the Wrecker Rotation List and at the request of the
automobile operators as forwarded through the Wichita Falls
Police Communications Center. The Wrecker Rotation List
shall be compiled by the Wichita Falls Police Department
and furnished to Contractor. Contractor shall maintain
radio communications with the wrecker companies listed on
the Wrecker Rotation List and shall dispatch them in rota-
tion as requests for emergency wrecker service are received
from City ' s Police Communications Center. Contractor shall
maintain logs of all requests for emergency wrecker services
received from City ' s Police Communications Center and of all
dispatches made from the Wrecker Rotation List . Contractor' s
logs kept under the terms of this contract shall be subject
to inspection by City at any time upon request . All dis-
patches by Contractor shall comply with the provisions
of Sec. 29-262 of Ordinance No . 3067 of the City of Wichita
Falls, passed and approved on March 16, 1976, a copy of which
is attached hereto and incorporated herein as if copied
verbatim.
III .
PAYMENTS TO CONTRACTOR
City shall pay Contractor for services rendered
under this contract the sum of two hundred ($200 . 00) dollars
per month for the term of this contract . It is expressly
understood that the amount of the payments may be renegotiated
at the end of each year of the term of this contract , upon
thirty (30) days written notice to the other party of its
Intention to renegotiate . If no such notice is received by
City the terms of payment shall continue as set out herein
to the end of the four-year term of this contract .
IV.
CITY TO FURNISH CERTAIN EQUIPMENT
City shall furnish to Contractor a remote control
unit with which Contractor shall dispatch the wrecker companies
listed on the Wrecker Rotation List . City shall also permit
Contractor the use of a radio base station unit and sufficient
antennas to give Contractor adequate radio communication with
all wrecker companies listed on the Wrecker Rotation List . City.
by furnishing to Contractor a remote control unit and the use
2-
of a radio base station unit and antennas, is not transferring
title to or ownership of any of the equipment to Contractor
but is only allowing Contractor possession and use of such
equipment during the term of this contract . If the contract
should terminate for any reason, Contractor shall surrender
possession of the herein described equipment to City upon
termination . It is expressly agreed that Contractor shall
have no claim or lien upon the herein described radio
equipment upon termination of this contract for any reason.
IN WITNESS WHEREOF, City and Contractor have caused
these presents to be executed as of the day of
CITY OF WICHITA FALLS
BY:
Stuart A. Bach, City Manager
ATTEST :
City Clerk
BY:
Joe Plumlee
ATTEST :
3-
Sec. 29-262 . Wrecker rotation lists .
a) The Wichita Falls Police Department shall establish
and maintain a list of wrecker permit holders which shall be
known as the wrecker rotation list .
b) The wrecker rotation list shall contain the names,
in alphabetical order, of all qualified permit holders re-
questing to be on such list .
c) A permit holder is qualified to be on such list if :
1) He maintains at least one certified wrecker; and,
2) He maintains twenty-four hour wrecker service and
has no more than two (2) telephone numbers , which
numbers are answered twenty-four (24) hours a day,
seven ( 7) days a week. The use of a telephone
answering service shall be permitted, provided,
that if such a service is used, the failure of a
permit holder to communicate with the police communi-
cations center or its authorized agent within five (5)
minutes following a call requesting a dispatch of a
certified wrecker, confirming that the permit holder
shall immediately dispatch a certified wrecker to
the desired location, will result in a forfeiture
by that permit holder of that call ; and,
3) His wrecker(s) are equipped with two-way radio
communications equipment compatible with the radio
communications equipment used to dispatch wreckers
on the wrecker rotation list .
d) When the police officer investigating a collision
determines that any vehicle involved in a collision is unable
to safely proceed under its own power, or when the police
officer determines that the driver of any vehicle involved in
a collision is physically unable to safely move the vehicle
to a location where it will not create a traffic hazard, such
officer shall request the driver to designate the permit holder,
which he desires to remove the vehicle .
1) When the designation has been properly made , the police
officer shall communicate the name of the designated
permit holder to the police communications center or
its authorized agent .
2) The police communications center or its authorized
agent shall cause the designated permit holder to be
called and directed to send to the scene of the
collision a certified wrecker.
e) If the owner of a vehicle involved in a collision is
physically unable to designate the permit holder he desires to
remove the vehicle, or he fails or refuses to designate one,
or he has no preference , then the police officer shall communicate
that fact immediately to the police communications center or
its authorized agent . The police communications center or its
authorized agent shall then call the permit holder next in line
on the wrecker rotation list after the last permit holder so
called and request the permit holder to tow the vehicle from
the scene of the collision . After the last permit holder on
said list has been called, the next such call shall go to the first
permit holder on said list .
f) If the permit holder after arrival at the scene
determines , in conjunction with the police officer in charge,
that assistance, is needed, then the police officer shall
communicate that fact immediately to the police communications
center, or its authorized agent , which shall proceed under
I 4
paragraph (e) of this section .
g) Failure of any permit holder selected under
paragraph (d) or paragraph (e) of this section to deliver a
wrecker to the scene within thirty (30) minutes of notification
without justification acceptable to the police communications
center or is authorized agent , shall cause the permit holder to
forfeit that call . If selection of the permit holder occurred
under paragraph (d) , of this section, then the police communications
center or its authorized agent shall proceed as it would under
paragraph (e) of this section , so notifying the requesting
police officer. (Ord. No . 3067, 0 1 , 3-16-76)