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2010R12-Roadrunner Towing Agreement RESOLUTION NO. 10-R-12 A RESOLUTION SY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING EXHIBIT A TO THE NON- CONSENSUAL TOWING AGREEMENT WITH ROADRUNNER TOWING, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, by Resolution Number 08-R-29, the City Council (the "City Council") of the City of Schertz (the "City") approved a Non-Consensual Towing Agreement with Roadrunner Towing (the "Agreement"), relating to the non-consensual towing of wrecked, disabled, or illegally parked vehicles, vehicles for which the driver is incapable of driving, vehicles to be processed for evidence, and vehicles belonging to subjects being arrested by City police officers; WHEREAS, Section 1.6 of the Agreement authorizes Roadrunner Towing to charge and retain fees for its services, which are forth on Exhibit A to the Agreement and may be amended from time to time by the City; WHEREAS, Section 1.7 of the Agreement states that the City shall review all fees set forth on Exhibit A to the Agreement periodically and may adjust any or all such fees if it deems such adjustment to be appropriate; WHEREAS, Roadrunner Towing has requested that certain fees on Exhibit A to the Agreement be increased; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the fees contained in the attached Exhibit A, and authorizes that Exhibit A to the Agreement be replaced with Exhibit A to this Resolution. Section 2. The City Council hereby affirms that the remainder of the Agreement remains in full force and effect. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 4. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application 50303804.1 of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank.) 50303804.1 PASSED AND ADOPTED, this 16th day of March, 2010. CITY OF SC RT TEXAS ayor ATTEST: ecretary (CITY SEAL) 50303804.1 EXHIBIT A EXHIBIT A TO NON-CONSENSUAL TOWING AGREEMENT Non-Consensual Towing Rates- Light Duty Portion of Fee Accident Rates Fee Charged to Owner Paid to City Towing Rate $125.00 $10.00 Dollie Use $30.00 Off Road Recovery $50.00 Labor Time $75.00 per man/per hour Waiting Time $65.00 per man/per hour Additional Trucks & Labor $75.00 per man/per hour Clean-up (glass, debris) $25.00 (required by state law) Mileage Rate $3.00 per mile Police Rate Arrests, Abandoned, Stolen, Parking $85.00 $10.00 Mileage Rate $3.00 per mile Hazardous Material Clean Up Hazardous Material Clean Up Calculated after completion of clean up, remediation, testing, and disposal + 25% Storage Rates Vehicles less than 25 feet $20.00 per day + tax Vehicles 25 feet or longer $35.00 per day + tax Impoundment fee $20.00 50303804.1 A- I Non-Consensual Towing Rates- Medium Duty Portion of Fee Accident Rates Fee Charged to Owner Paid to City Towing Rate $225.00 $20.00 Driveshaft Removal $35.00 Off Road Recovery $125.00 Labor Time $150.00 per man/per hour Waiting Time $100.00 per man/per hour Additional Trucks & Labor $125.00 per man/per hour Clean-up (glass, debris) $125.00 Mileage Rate $4.00 per mile Police Rate Arrests, Abandoned, Stolen, Parking $150.00 $20.00 Mileage Rate $4.00 per mile Hazardous Material Clean Up Hazardous Material Clean Up Calculated after completion of clean up, remediation, testing, and disposal + 25% Storage Rates Vehicles less than 25 feet $20.00 per day + tax Vehicles 25 feet or longer $35.00 per day + tax Impoundment fee $20.00 50303804.1 A-2 Non-Consensual Towing Rates -Heavy Duty Portion of Fee Paid to City Accident Rates Fee Charged to Owner Towing Rate $525.00 10% Labor Rate $375.00 per man/per hour 10% Waiting Time $250.00 per man/per hour 10% Additional Heavy Duty Wrecker & $425.00 per hour 10% Labor Additional Small Wrecker & Labor $125.00 per hour 10% Additional Equipment (tractors, $350.00 per hour + 25% 10% forklift, front-end loaders) Mileage Rate $5.00 per mile 10% Clean-up (glass, debris) $120.00 10% Police Rate Arrests, Abandoned, Stolen, Parking $425.00 $50.00 Mileage Rate $5.00 per mile Hazardous Material Clean Up Hazardous Material Clean Up Calculated after completion of clean up, remediation, testing, and disposal + 25% Storage Rates Vehicles less than 25 feet $20.00 per day + tax Vehicles 25 feet or longer $35.00 per day + tax Impoundment fee $20.00 50303804.1 A-3