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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)