Ord 36-2009 6/2/2009 r
ORDINANCE NO. 3�0
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Waiving Section 26-761(b) Of The Code Of Ordinances To Permit
Jody Wade To Have A Pecuniary Interest In More Than One Towing
Company On The City's Wrecker Rotation List
WHEREAS, Section 26-761(b) provides as follows:
Sec. 26-761. ..(b) No person with any pecuniary interest
shall have more than one towing company contracted with
the city to provide rotational wrecker services. Pecuniary
interest is defined to mean any money, property, or
commercial interest, the primary significance of which is for
economic gain. Any person who obtains or has pecuniary
interest in two or more towing companies under contract to
provide rotational wrecker services for the city is in
violation of this article.
WHEREAS, Jody Wade currently has a financial interest in Big Daddy's Wrecker
Service and Collins Wrecker Service, which are on the City's wrecker rotation list;
WHEREAS, Jody Wade is purchasing the assets of Donnie Melton, which is also
on the City's wrecker rotation list; and,
WHEREAS, the wreckers operated by Donnie Melton are needed to adequately
serve the demands of the citizens of the City of Wichita Falls.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
Section 26-761(b) of the Code of Ordinances is hereby waived to permit Jody
Wade to have a pecuniary interest in more than one wrecker service on the City's
wrecker rotation list.
PASSED AND APPROVED this the 2" day of June, 2009.
�
MAYOR
ATTEST:
.
ty Clerk
CONTRACT FOR TOW TRUCK SERVICES
WHEREAS, the City of Wichita Falis occasionally requires the services of tow
trucks; and
WHEREAS, such tow truck services are necessary to protect the safety of the
citizens of the City of Wichita Falls.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City of Wichita Falls, hereinafter referred to as "City," acting herein by and
through Darron Leiker, its duly authorized City Manager, and Collin's Motor Company -
LLC,DBA Donnie Wrecker �ervice. hereinafter referred to as "Company," acting herein
by and through Jody Wade, its duly authorized owner, agree as follows:
1.
SERVICES
City hereby contracts wi#h Company to provide police pulls and towing senrices.
As used herein, �police pull" shatl mean that the Wichita Falls Police Department has
called Company from the rotation list to either remove a wrecked or disabled vehicle or
to remove a vehicle in a safe driving condition, but the owner is not present, able or
permitted to drive or to make authorization.
2.
TERM
The term of this contract shall be for a period of twelve (12) months ftom the date
of its execution, and may be renewed by the City for four additional one-year periods.
3.
COMPENSATION
A. Compensation: As compensation for providing the services contemplated by tMis
Contract, City agrees to pay company as follows:
1. Light Duty Tow Services:
a) Towage: A charge of $120.00 per hour for towing such vehicle from o�e
point on a street to another location within the incorporated limits of the
city as directed by the police department �at the place where the tow
originated. This fee includes work performed during the first hour,
beginning upon arrival at the scene. Time posted after the first hour will be
billed in increments of fifteen (15) minutes.
� b) Second Tow Truck: In the event the police officer at the scene determines
that a second tow truck is required, a charge of $120.00 per hour, with a
minimum charge of one hour, billed in increments of fifteen (15) minutes
while at the scene of the police pull. The use of the second tow trvck shall
be approved by a police supervisor. Travel time is excluded.
c) Extra Work: An additional charge of $25.00 per hour, with a minimum
charge of one hour, billed in increments of fifteen (15) minutes, for
removing vehicles which are off the street right-of—way, such charge to be
made from the time the operator begins to remove the vehicle until if is on
the traveled portion of the street. Even though the vehicle is within the
street right-of-way, an additional charge may be made if the vehicle is
located in some unusual condition within the right-of-way, such as, but not
limited to, a river or a creek bed or a ditch of greater depth than the
ordinary bar ditch. Extra work shall only be allowed when authorized by a
police officer at the scene of the pull. The charges for such extra work
shall be approved by the Technical Services Manager. Extra work
excludes travel time, waiting time and clean-up time.
d) Waiting Time: Upon approval from Technical Services Manager, waiting
time may be paid on a case-by-case basis.
e) Use of a Dolly: No additional fees shall be charged for the use of a dolly.
2. Medium Duty Tow Services:
a) Towage: A fee of $150.00 per hour shall be paid to wrecker company for
towing a vehicle from one point on a street to another location within the
incorporated limits of the city as directed by the poiice department at the
place where the tow originated. This fee includes work perFormed during
the first hour, beginning upon arrival at the scene. Time posted after the
first hour will be billed in increments of fifteen (15) minutes.
b) Second Tow Truck: In the event the police officer at the scene determines
that a second tow truck is required, a fee of $150.00 per hour shall be paid
to wrecker company, with a minimum charge of one hour, billed in
increments of frfteen (15) minutes while at the scene of the police pull. The
use of the second tow truck shall be approved by a police supervisor.
Travel time is excluded.
c) Extra Work: An additional charge of $25.00 per hour, with a minimum
charge of one hour, billed in increments of fifteen (15) minutes, for
removing vehicles which are off the street right-of—way, such charge to be
made from the time the operator begins to remove the vehicle until it is on
the traveled portion of the street. Even though the vehicle is within the
� street right-of-way, an additional charge may be made if the vehicle is
located in some unusual condition within the right-of-way, such as, but not
limited to, a river or a creek bed or a ditch of greater depth than the
ordinary bar ditch. Extra work shall only be allowed when authorized by a
police officer at the scene of the pull. The charges for such extra work
shall be approved by the Technical Services Manager. Extra work
excludes travel time, waiting time and clean-up time.
d) Waiting Time: Upon approval from Teehnical Services Manager, waiting
time may be paid on a case-by-case basis.
e) Use of a Dolly: No additional fees shall be charged for the use of a dolly.
3. Heavy Duty (Tandem Axle) Tow Service:
a) Towage: A charge of $300.00 per hour for towing such vehicle from one
point on a street to another location within the incorporated limits of the city as
directed by the police department at the place where the tow originated. This
fee includes work perFormed during the first hour, beginning upon arrival at
the scene. Time posted after the first hour will be billed in increments of
fifteen (15) minutes.
b) Second Tow Truck: In the event the police officer at the scene determines
that a second tow truck is required, a charge of $300.00 per hour, with a
minimum charge of one hour, billed in increments of fifteen (15) minutes while
at the scene of the police pull. The use of the second tow truck shal{ be
approved by a police supervisor. Travel time is excluded.
c) Extra Work: An additional charge of $25.00 per hour, with a minimum
charge of one hour, billed in increments of fifteen (15) minutes, for removing
vehicles which are off the street right-of—way, such charge to be made from
the time the operator begins to re�nove the vehicle until it is on the traveled
portion of the street. Even though the vehicle is within the street right-of-way,
an additionaf charge may be made if the vehicle is located in some unusual
condition within the right-of-way, such as, but not limit�d to, a river or a creek
bed or a ditch of grea#er depth than the ordinary bar ditch. Exfira work shall
only be allowed when authorized by a police officer at the scene of the puH.
The charges for such extra work shall be reviewed by the Technical Senrices
Manager. Extra work excludes travel time, waiting time and clean-up time.
d) Waiting Time: Upon approval from Technical Services Manager, waiting
time may be paid on a case-by-case basis.
e) Use of a Dolly: No additional fees shall be charged for the use of a dolly.
' fl A minimum of two (2) wrecker company empioyees must respond and
share the responsibilities with each Heavy Duty wrecker to expedite the
clearing of the roadway and increase safety. Failure to respond with finro (2)
wrecker employees will be counted as a failure to respond and the wrecker
will not be allowed to work the scene.
4. Extra equipment:
If the contract holder is required to rent or lease a piece of equipment which is
not required in the normal operation of a wrecker business, the actual cost for
lease or rental of such equipment may be passed on to the vehicle owner.
5. Handling Hazardous Materials:
a) When the cargo of any motor vehicle or trailer includes explosive, nuclear,
radioactive, hazardous or corrosive materials, as defined by the
Environmental Protection Agency, Texas Department of Transportation, or
the Texas Commission on Environmental Quality, a fee equal to one hundred-
fifty (150) percent of the charges which may be assessed pursuant to
subparagraphs 1 a) and 2 a) above. In addition, a charge may be made for
expenses incurred related to protective clothing and any other supplies or
equipment used in handling such materials, such charge being equal to the
aetual amounts incurred plus fifteen (15%) percent.
b) Air Cushions:
(1)Regular cushions — a charge of One Hundred Dollars ($100.00) per
hour per cushion, with a minimum charge of one hour. After the first hour,
billing shall be in increments of fifteen (15) minutes.
(2)Tanker cushions — a charge of Two Hundred Dollars ($200.00) per hour
per cushion. After the first hour, billing shall be in increments of fifteen (15)
minutes.
(3)Prior approval by a police supervisor at the scene of a police pull is
required for the use of air cushions.
(4)Nothing contained herein shall be construed so as to obligate City to
expend any sums of money. Further, nothing contained herein shall be
construed so as to guarantee to Company that City will contact Company
for any towing services contemplated by this contract.
6. Out o# Town Mileage: In the event a rotation service is required to travel more
than five (5) miles outside the city limits to either pick up or deliver a vehicle
as requested by authorized personnel, the wrecker business may charge up
to, in addition to towing fee (travel time is excluded):
a) Light Duty: 2.00 per mile, beginning and ending at the city limits;
� b) Medium Duty: $2.50 per mile, beginning �nd ending at the city limits;
c) Heavy Duty: 3.00 per mile, beginning and ending at the city limits.
d) If the pick up or delivery of the vehicle is five (5) miles or less from the city
limits, this charge does not apply.
B. Invoicing and Payment: Company shall invoice City once per month. Company
shall include with the invoice such documents as may be reasonably requested to
provide evidence of the services provided to the City, which at a minimum, shall include
copies of the wrecker selection form signed by the officer at the scene of the police pull.
Such invoice shall be subject to the review and approval of appropriate City personnel.
City shall remit payment to Company not more than thirty (30) days following approval
of invoice. The police department must approve the forms used by the wrecker
company.
C. Application for Contract or Contract Renewal: Every application for a contract or
renewal of the contract shall be sworn to by the applicant or contract holder, and shall
be accompanied by a fee of $50.00. This fee is in addition to the $15.00 fee imposed for
obtaining or renewing a city permit. The fee for a contract issued for a period of time
shorter than one year shall be prorated.
4,
VEHICLE AND EQUIPMENT REQUIREMENTS
Company shall maintain at all times the following vehicles and equipment in
working condition:
A. Wreckers:
1. Light Duty: Minimum of finro (2) wreckers which are at least 14,500
pounds gross vehicle weight (G�. If one has a boom, it shall be rated at no#
less than 8,000 pound lift capacity and a wheel fift device rated at not less than
2,500 pounds.
2. Medium Duty: Minimum of one (1) wrecker which is at least 19,500
pounds GVW.
3. Heavy Duty: Minimum of one (1) tandem axle wrecker rated at not less
than 34,000 GVW, equipped with the minimum of a 12,000 pound wheel lift
under reach; a minimum of two (2) 20,000 pound winches; and a boom rated at
not less than 25 ton lift capacity.
B. Equipment:
At a minimum, all wreckers shall be equipped with the following equipment, which at
all times shall be maintained in working order:
1. Wrecking Bar
2. Towing lights
3. Emergency overhead warning lights
4. Safety chain
5. Fire Extinguisher (A.B.0 Type)
6. Broom
7. Shovel
8. Reflectors or traffic cones
9. Trash container
10. Two-way voice or computer communication between tow truck and company
dispatcher
11. Backing warning signal
12. Wheel chocks (tilt bed-roll back wreckers excluded)
C. Markings:
Each #ow truck shall have permanently inscribed and legible on each side of the
vehicle, in letters of not less than two (2) inches in height, the name, address and
telephone number of the company and on a contrasting background. Magnetic or
other forms of removable signs are prohibited. EXCEPTION: If a wrecker
company is temporarily leasing a wrecker due to repairs of another wrecker, or
circumstances making the iease necessary, magnetic signs are authorized, as
long as the aforementioned requirements are met. The temporary leased wrecker
shall be registered with the city.
D. inspections:
Each tow truck and the required equipment shall be inspected by the Chief of
Police or his authorized designee prior to being used for services contemplated
by this contract. In addition, each tow truck and the required equipment shall be
subject to intermittent inspection to assure compliance with this contra�t.
5.
INSURkNCE REQUIREMENTS
Company shall maintain insurance from Insurers acceptable to City of the following
types and amounts:
1. Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
or
Garage Liability
$1,000,000 each accident, other than auto
$1,000,000 aggregate
2. Automobile Liability
$1,000,000 each accident, combined single limit
This coverage shall include aA vehicles owned or non-owned that are
operating under Company's operating permit.
3. Cargo/On-Hook
$50,000 per unit
Coverage shall include both the unit being towed and its contents. Units
covered shall include, but not be limited to, motor vehicles, trailers and boats.
Coverage shall be written on a direct primary 6asis.
a. Garagekeeper's Liability
$30,000 per unit
b. Worker's Compensation/Accident Insurance
Coverage shall meet the minimum requirements of state law as contained in
the Motor Carrier Rules and Regulations.
c. Current insurance certificates shall remain on file with the City during the term
of this contract Insurance coverage may, at the sole discretion of the City, be
revised upward upon thirty (30) days prior written notice to Company. Policies
shall be endorsed as follows:
• To provide the City with a minimum of thirty (30) days notice of
cancellation, non-payment of premium, or non-renewal;
• To cover the Cit�r as an additional insured on liabi(ity insurance policies,
except for employer's liability; and
• To include a waiver of subrogation in favor of the City.
d. In the event a state or federal law, rule or regulation pertaining to wrecker
service companies operating within the State of Texas exceeds the insurance
requirements specified herein, such state or federaf law, rule or regula#ion
shall prevail for the respective type of insurance coverage andlor limit thereof.
6.
DUTIES AND RESPONSIBILITIES QF COMPANY
Company, during the term of this contract, shall perForm the following duties and
have the following responsibilities:
l. Maintain a currently licensed vehicle storage facility located within the corporate
limits of the city. "Vehicte storage facility" shall mean a facility operated by a
person licensed under Occupations Code, Section 2303.
2. Maintain business operation twenty-four (24) hours a day, seven days per week.
3. Company shall have direct communications with responding wrecker. The use of
two-way radio communications with the Police Communications Center is
authorized; however, the primary means of communication is the telephone,
mobile and/or landline.
4. Respond to all calls contemplated by this contract within thirty (30) minutes of
notification, except in extraordinary situations where delay is caused by ice, snow
or other weather related conditions. In the event Company fails to respond as
required, City may notify another wrecker company and Company shall not be
entitled to the compensation to which it would have been entitled had it arrived
timely.
5. Notify the City of any change of ownership, president or chief executive officer, or
change of address within five (5) business days of any such change.
6. Deliver the motor vehicle being towed to the location within the corporate limits of
City designated by the police officer at the scene of the pull. Delivery shall be
made without delay or detour.
7. Fully cooperate with any investigation conducted by the City regarding
complaints against Company, whether or not such complaints arise out of
services contempla#ed by this contract.
8. Shall not become delinquent in the payment of any taxes due the City.
9. Shall not go to any accident scene unless the Company has been called to the
scene by the owner or operator of a vehicle or an authorized representa#ive of
same, or by the City.
10. Shall not solicit any wrecker business within the corporate limits of the city at the
scene of a wrecked or disabled vehicle, regardless of whether the solicitation is
for the purpose of soliciting the business of towing, repairing, wrecking, storing,
trading, or purchasing the vehicle.
11. Shall only employ drivers of tow trucks authorized to operate same.
12. Provide Impound personnel with an invoice at the time the vehicfe is delivered to
the location directed by the police officer on the scene together with the signed
wrecker setection form to be provided. Additional charges shall be initialed by the
police officer on the scene. Those charges not initialed by the police ofFcer on
scene will not be honored.
13. Shall not operate an impounded vehicle under any circumstances, unless
othervvise instructed or after received approval, and then only under special
circumstances. This prohibition also applies to the lot area of the lmpound
Facility.
. 7.
�_INDEFiNfTE SUSPENSION, TEMPORARY SUSPENSION AND REPRIMANDS
A. Grounds for indefinite and temporary suspension of this contract include any of the
following offenses:
I 1. "Dropping" a motor vehicle at a location other than designated by the police
o�cer and without prior approval from fmpound Coordinator, Technical Services
Manager, Police Deputy Chiefs or Chief of Police.
2. Permitting a tow truck ta be operated by anyone while under the influence of �
alcohol and/or drugs.
3. Permitting a tow truck to be operated by anyone whose operator's license is
suspended.
4. Transferring or assigning any call for service to any other company.
5. Any sustained complaint of tf�eft by personnel of Company while acting in their
capaciiy as employees of Company, whether occurring during a police pull or
otherwise. �
6. Any sustained compiaint of threats made by personnel of Company while acting
in their capacity as employees of Company made against third parties during a
police pult or otherwise. �
7. Three (3) passes within a finrelve-month period. "Pass" in this paragraph shatl
mean Company failing to notify the City of its inability to respond to a request for
service as required by paragraph 2 above.
8. Six (6) Light/Medium Duty or nine (9) Heavy Duty tow passes within a finrelve-
month period, regardless of the wrecker company making timely not�cations. If a
wredcer company notifies the City of an upcoming event for a specific period of
time that they would not be available to respond to a request for service, that
period of time will riot be char.ged against these numbers.
9. Failure to mairrtain a fleet of wreckers in compliance with this contract.
10. Faiiure to maintain a licensed vehicie storage facility as required by this contract.
11. Driving any wrecker to or from the scene in a manner which endangers the life or
safety of any person.
12. Failure to maintain in effect any insurance r�quired by this contract.
B. Grounds for a reprimand issued bv the City shafl include any of the followinq
affenses:
1. Faifure to notifv the Communications Center of the Police Departmen# within
fifteen (1�5) minutes from the time of notification if the Companv wil! be unable to
� within the thirty (3�) minutes allotted for a resqonse to a call #or wrecker
service.
2. Faiiinc� to comt�iv with aU directions of qo(ice personnei at #he scene of a police
pufl or emplovee Q€ impound facility. ComAany may reques# a potice sucaervisor
to validate any such direction piven.
3. Fai#ure to compiy with any state or €ederal ta�nr or city ordfnance reiated to the
caperation of a wrecker comAanv.
4. Failure ta �roperlv clean up debris at an accident scene. �
5. Failure to eomply with record keepinct requirements of this contract.
6. The empioyment of anv driver who has been convicteci o# a felonv within the
precedinqfive years.
7. Charqinq fees in excess of the amounts authorized.
.�
C. All repr�mands issued by the City shall be in writinq and shalf be sent to the
Companv. Two reprimands within a�ermit period shall result in a temporarv
suspension.
D. City shall notify Company in writing of its intent to terminate or suspend for cause
and prooedures as outlined in the City of Wichita Falls Ordinance, Chapter 26 Article
VIlI — Wrecker Businesses, shall be followed.
. E. In the event City suspends or terminates this contract for cause, and the cause for
such suspension or termination is determined to be invalid, Company's sole remedy
shall be reinstatement of this contract. Company expressly waives any and ail rights
to monetary damages, inctuding but not limited to actual and punitive damages,
� court costs and attomey's fees.
8. .
TERMINATION
This Agreement may be immediately terminated by either party upon the
occurrence of any of the following conditions:
(1) upon written notice from the non-breaching party, in the event of material
breach of any provision of this Agreement if such materiai breach has not been cured by
breaching party within thirty(30) days of receipt of written notice specifjring the nature of
the breach;
(2) in the event that either party to this Agreement shaA (i) commence a
voluntary case or other proceeding seeking liquidation, reorganization or other re4ief
with respect to itself or its debts under any bankruptcy, insolvency or other simitar law
now or in the future in effect, (ii) seek the appointment of a trustee, receiver, liquidator,
custodian or other similar official of it or any substantial part of its property, (iii) make a .
� general assignment for the benefit of creditors, (iv) fail to pay its debts as they become
due, or (b) take any corporate action to authorize any of the foregoing; or
(3) in the event that an involuntary case or other proceeding shall be
commenced against either party to this Agreement seeking liquidation, reorganization or
other relief with respect to it or its debts under any bankruptcy, insolvency or ather
similar law now or in the future in effect or seeking appointment of a trustee, receiver,
liquidator, custodian or other similar official of it or any substantial part of i#s property,
and such involuntary case or other proceeding shall remain undismissed and unstayed
for a period of sixty (60) days; or any order for relief shall be entered against any party
to this Agreement under the federal bankruptcy laws.
9.
INDEMNIFICATION
With regard to any liability which might arise hereunder, City and Company agree
that #hey shalf be solely and exclusively liable for the negligenee of their individual
agents, servants, subcontractors and employees, and that neither party shall look to the
other party to save or hold it harmless for the consequences of any negligence an the
part of one of their individual agents, servants, subcontractors or employees. Nothing
contaaned herein shall be construed to be a waiver by City of any right of protection that
it enjoys under applicable state or federal law.
10.
ASSIGNMENT
Company shall not assign, transfer or sublet this contract or any portion thereof
to any parly without the prior written consent of the City which shall not be unreasonably
withheld. Any such assignment, transfer or subletting of this contract without the
consent of the City shall be void and shall operate as a termination hereof.
11.
WRECKER ROTATION LIST AND OPERATIONS
A. City shall create a rotation list that will dictate the order in which wrecker
companies are contacted. The city police communications center shall dispatch the
wrecker companies listed on the wrecker rotation list for all police-initiated, non-consent
tows. The company shall be available for dispatch 24 hours a day, seven days per
week.
B. A police officer investigating or present at the scene of any wreck or collision
shall not directly or indirectly recommend to any person the name of a wrecker campany
engaged in the wrecker business, nor shall any such police officer influence or attempt
to influence in any manner the decision of any person on choosing or selecting a
wrecker company.
C. No person shall drive or cause to be driven a wrecker or tow truck to or near the
scene of a collision on a street in this city unless such person has been called to the
scene by the police communications center or its authorized agent or by a party
involved in the collision. However, in an emergency when it appears necessary to
prevent death or bodily injury to any person involved in a collision, the prohibition of this
section shall be inapplicable.
D. There are hereby established wrecker rotation lists for rotation tows. The lists are
composed of wrecker companies in possession of a valid Rotation Contract, and who
have requested and are qualified to appear on the tist. The police department shall
establish and maintain these lists in alphabetical order. From these rotation lists, the
police department shall call a wrecker company to:
1. remove a wrecked or disabled vehicle, or a vehicle in safe driving condition,
but whose owner is not present, able or permitted to drive or to make
authorizations; and
2. remove a wrecked or disabled vehicle when the owner fails to designate a
specific repair place or wrecker operator to remove his vehicle, and has
authorized the pofice department to call a wrecker.
E. When the police officer investigating a colfision 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 a permit holder of the driver's choice to
remove the vehicle. When the designation has been praperly made, the potice officer
shall communicate the name of the designated permit holder to the police
communications center or its authorized agent. The Communications Center shall verify
that the company being requested to respond is permitted to tow within the city limits. If
the requested company is not, that information shatl be relayed to the officer and no
further action taken for notifying that company. If the requested company is not within
the ci#y limits of Wichita Falls, Communications Center shall ensure that the requested
company can respond to the scene within the allotted time of thirty (30) minutes or one
(1) hour, depending on the type of wrecker needed. If the requested company cannot
respond within the allotted time, the officer shall be notified to instruct the owner that a
different company must be requested.
F. The police communications center or its authorized agent shatl cause the
designated permit holder to be called and directed to the scene.
G. If the owner of a vehicle is physically unable to designate a permit holder to
remove the vehicle or he fails or refuses to designate one or has no preference, 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 appropriate wrecker rotation lis# and
request the contract holder to tow the vehicle from the scene. After the last contract
holder on the list has been called, the next such catl shall go to the first contract holder
on the list.
H. If the owner of the vehicle does not designate a wrecker company or automobile
business, and the officer contacts Communications Center requesting a rotation
wrecker, the dispatch of the call shall remain a rotation pull, regardless if the owner
subsequently decides to request a specific company or automobile business. The
responding rotation wrecker shall deliver the vehicle to the location requested by the
owner; however, the call remains a rotation request, not an owner's request.
I. If, after arrival at the scene, the permit/contract holder determines, in conjunction
with the police officer in charge, that assistance is needed, the permit/contract holder on
site shall dispatch immediately another wrecker of his choice.
J. If, after arrival at the scene, and before the wrecker begins to depart from the
scene, the owner of the vehicle responds and requests the vehicle not be towed, the
police officer shall (depending on the circumstances surrounding the tow) inform the
wrecker driver to "drop" the vehicle. At that point, the police offrcer shall notify
Communications Center to place the wrecker company back at the top of the rotation
list.
K. No person with any pecuniary interest shall have more than one towing company
permitted with the city to provide rotational wrecker services. Pecuniary Fnterest is
defined to mean any money, property, or commercial interest, the primary significance
of which is for economic gain. Any person who obtains or has pecuniary interest in two
or more towing companies under permit to provide rotational wrecker services for the
city is in violation of this article.
12.
INDEPENDENT CONTRACTOR
It is understood and agreed by the parties hereto that Company shall perform all
work and services hereunder as an independent contra�tor, and not as an officer,
agent, servant or employee of the City. Company shail have exclusive contro! of and the
exctusive right to control the details of the work or service to be performed hereunder,
and all persons perForming same on behalf of Company, and shall be solely responsible
for the acts and omissions of its officers, agents, servants, employees, contractors,
subcontractors, licensees and invitees. The do�trine of respondent superior shatl not
apply as between the City and Company, its o�cers, agents, servants, employees,
contractors and subcontractors, and nothing herein shall be construed as creating a
partnership or joint venture between the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this contract on the
��" day of _ , 20 b� .
ATTEST: CITY OF WICHITA FALLS:
By:
itY � Darro ' er /�u.-H '3t „�; .I-
City Manager �q��,,�� c a.(
APPROVED AS TO FORM
AND SUBSTANCE: WRECKER COMPANY
g ,� j (� ac�
City Attorne