Ord 03-2009 1/6/2009 . � i
ORDINANCE NO. �'�-�OOq
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, WAIVING SECTION 26-761 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; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED
WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, Jody Wade is the current owner of Big Daddy's Wrecker Service,
which is on the City's wrecker rotation list; and,
WHEREAS, Jody Wade is currently purchasing the assets of Collins Motor
Company, including the wrecker business owned by Collins Motor Company, which is
also on the City's wrecker rotation list; and,
WHEREAS, the wreckers operated by Collins Motor Company 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 1. Section 26-761 of the Code of Ordinances is hereby waived to
permit Jody Wade to have a pecuniary interest in both Big Daddy's Wrecker Company
and the wreckers to be acquired from Collins Motor Company which shall be owned
and operated by Jody Wade Enterprises, LLC dba Collins Wrecker Service.
SECTION 2. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 6 day of January, 2009.
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A"TTEST:
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ity Clerk
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CONTRACT FOR TOW TRUCK SERVICES
WHEREAS, the City of Wichita Falls 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 Collins Motors, hereinafter
referred to as "Company," acting herein by and through Jody Wade, its duly authorized
owner, agree as follows:
1.
SERVICES
City hereby contracts with Company to provide police pulls and towing services.
As used herein, "police pull" shall 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 from 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 this
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 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 ofFcer 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
white at the scene of the police pull. The use of the second tow truck shall
be approved by a police supenrisor. 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 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 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 fee of $150.00 per hour shall be paid
to wrecker company, 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 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 veMicle 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 Technical Senrices 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 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 shafl
only be allowed when authorized by a police officer at the scene of the pull.
The charges for such extra work shall be reviewed 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.
fl A minimum of finro (2) wrecker company employees 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 two (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
actual 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 of 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 and 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 (GVV1n. If one has a boom, it shall be rated at not
less than 8,000 pound lift capacity and a wheel lift 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 tow 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 lease 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 contract.
5.
INSURANCE 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 all 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 basis.
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 City as an additional insured on liability 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 federal law, rule or regulation
shall prevail for the respective type of insurance coverage and/or limit thereof.
6.
DUTIES AND RESPONSIBILITIES OF 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. "Vehicle storage facility" shall mean a facility operated by a
person licensed under Occupations Code, Section 2303.
2. Maintain business operation finrenty-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 contemplated 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 representative 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 vehicle is delivered to
the location directed by the police officer on the scene together with the signed
wrecker selection form to be provided. Additional charges shall be initialed by the
police officer on the scene. Those charges not initialed by the police officer on
scene will not be honored.
13. Shall not operate an impounded vehicle under any circumstances, unless
otherwise instructed or after received approval, and then only under special
circumstances. This prohibition also applies to the lot area of the Impound
Facility.
7.
� INDEFINITE 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
officer and without prior approval from Impound Coordinator, Technical Services
Manager, Police Deputy Chiefs or Chief of Police.
2. Permitting a tow truck to 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 theft by personnet of Company while acting in their
capacity as employees of Company, whether occurring during a police pull or
otherwise.
6. Any sustained complaint of threats made by personnel of Company while acting
in their capacity as employees of Company made against third parties during a
police pull or otherwise:
7. Three (3) passes within a finrelve-month period. "Pass" in this paragraph shall
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 notifications. If a
wrecker company notifies the City of an upcoming event for a specific period of
time that #hey would not be available to respond to a request for service, that
period of time will not be charged against these numbers.
9. Failure to maintain a fleet of wreckers in compliance with this contract.
10. Failure to maintain a licensed vehicle 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 required by this contract.
B. Grounds for a reprimand issued �v the Citv shall include any of the followinq
offenses:
1. Failure to notifv the Communications Center of the Police Department within
fifteen (15) minutes from the time of notification if the Companv will be unable to
respond within the thirtv (30) minutes allotted for a response to a call for wrecker
service.
2. Failing to complv with all directions of police personnel at thE scene of a police
pull or emplovee of Impound facilitv Companv mav request a police supervisor
to validate anv such direction qiven.
3. Failure to complv with anv state or federal law or city ordinance related to the
o�eration of a wrecker companv.
4. Failure to properlv clean up debris at an accident scene.
5. Failure to comply with record keepina requirements of this contract.
6. The emplovment of anv driver who has been convicted of a felonv within the
precedina five vears.
7. Charginq fees in excess of the amounts authorized.
C. All reprimands issued bv the Citv shall be in writinq and shall be sent to the
Company Two reprimands within a qermit period shall result in a temporaN
suspension. �
D. City shall notify Company in writing of its intent to terminate or suspend for cause
and procedures as outlineci in the City of Wichita Falls Ordinance, Chapter 26 Article
Vlll — 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 all rights
to monetary damages, including but not limited to actual and punitive damages,
court costs and attorney'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 material breach has not been cured by
breaching party within thirty(30) days of receipt of written notice specifying the nature of
the breach;
(2) in the event that either party to this Agreement shall (i) commence a
voluntary case or other proceeding seeking liquidation, reorganization or other relief
with respect to itself or its debts under any bankruptcy, insolvency or other similar 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 other
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 its 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 they shall be solely and exclusively liable for the negligence 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 on the
part of one of their individual agents, servants, subcontractors or employees. Nothing
contained herein shalt 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 party 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 shatl 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 company
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 list. 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 police department to call a wrecker.
E. 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 a permit holder of the driver's choice to
remove the vehicle. 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. 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 shall be relayed to the officer and no
further action taken for notifying that company. If the requested company is not within
the city 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 shall 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 list 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 call 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 dispatcM 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 tF�e 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 officer 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 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 permit to provide rotational wrecker services for the
city is in violation of this article.
ti :
12.
INDEPENDENT CONTRACTOR
It is understood and agreed by the parties hereto that Company shall perForm all
work and services hereunder as an independent contractor, and not as an officer,
agent, servant or employee of the City. Company shall have exclusive control of and the
exclusive 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 doctrine of respondent superior shall not
apply as between the City and Company, its ofFcers, agents, servants, employees,
contractors and subcontractors, and nothing herein shall be construed as creating a
partnership or joint venture befinreen the parties hereto.
IN WITNE WHEREOF, the parties hereto have executed this contract on the
�� day of , 200Q .
ATTEST: CITY ICHITA FA S:
By:
Ci le n Leiker
City Manager
APPROVED AS TO FORM
AND SUBSTANCE: WRECKER COMPANY
B _.. s (Zt„3 �----
City A orney