13-R-35 - Roadrunner Towing Agreement (Revised)RESOLUTION NO. 13-R-35
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING ANON-CONSENSUAL TOWING
AGREEMENT WITH ROADRUNNER TOWING SERVICE, INC., AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City Council (the "City Council") of the City of Schertz {the "City"} has
determined that it is in the best interest of the City to enter into aNon-Consensual Towing
Agreement in substantially the form attached hereto as Exhibit A {the "Agreement") with
Roadrunner Towing Service, Inc. (the "Company") 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; and
WHEREAS, the Agreement replaces an earlier non-consensual towing agreement
between the City and the Company; now, therefore,
THAT:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with the Company in substantially the form set forth on Exhibit A.
Section 2. 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 3. 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 4. This Resolution shall be conshued and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. 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
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 6. 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 7. This Resolution shall be in force and effect from and after its f nal
passage, and it is so resolved.
PASSED AND ADOPTED, this 14`h day of May, 2013.
CITY OF SCHERTZ, TEXAS
Mic ael R. Carpenter, Mayor
ATTEST:
renda Dennis, City Secretary
(CITY SEAL)
5063 t 781.1
EXHIBIT A
NON-CONSENSUAL TOWING AGREEMENT
so6~3~si.2 A-1
NON-CONSENSUAL T0~7ING AGREEMENT
This Non-Consensual Yawing Agreement dated as of May 1, 2013 (this "Agreement") is
between the City of Schertz, Texas (the "City") and Roadrunner Yawing Service, Inc. (the
"Company").
GENERAL RECITALS
WIIEREAS, it is found to be in the public intexest and necessary to provide for the safety
of the citizens of Schertz to have anon-exclusive wrecker service pxovider in the City; and
WHEREAS, the City has reviewed and is satisfied with the qualifications of the
Company;
ARTICLE I
CITY'S AGREEMENTS
1.1 Operating Authority. The Company is hereby authorized to operate a non-
exclusive service for the non-consensual towing in the City of wxecked, 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 arrested by a law enforcement officer of the
City. Services under this Agreement also include removal of vehicles from private property
when directed by the City's Chief of Police or his designee.
1.2 Notification. The City shall provide the Company by telephone, radio, ar any
other rapid means of commuzaication the location where the Company's wrecker is to report.
1.3 Im ound Records. The City shall provide to the Company's driver a copy of the
impoundment sheet at the time of impoundment. The form will contain the case number and will
indicate whether or not a "hold" or other restriction is placed on the vehicle. Vehicles that are
designated as "available for xelease" on the impoundment sheet may be released by the Company
upon its receipt of payment of all required fees and charges.
In an emergency situation, the Company's driver maybe asked by a police officer to tow
the vehicle from the roadway prior to receiving a completedimpoundment sheet. In this case,
the impoundment sheet will be completed prior to the Company's driver leaving the immediate
area.
1.4 Dis osition of Abandoned Vehicles. The City shall dispose of all abandoned
vehicles in the Company's possession in accordance with Texas law. Payment of accrued and
unpaid towing and storage charges will be made from the proceeds of the auction or other
permissible disposition.
1.5 Fees. The Company is authorized to charge and retain fees for its services
hereunder, as set forth on Exhibit A, as amended from time to time by the City. All such fees
shall be payable to the Company. Only those fees specifically authorized by this Agreement may
be charged pursuant to any tow that results from the execution of this Agreement.
50075477.4
1.6 Review of Fees. The City shall review all fees set forth in Exhibit A periodically
and may adjust any or a1! of such fees if it deems such adjushnent to be appropriate.
1.7 Non-Exclusive Rights. The rights and privileges granted to the Company in this
Agreement shall not be exclusive, and the City may enter into similar agreements with other
wrecker service providers.
ARTICLE II
COMPANY'S AGREEMENTS
2.1 Service. The Company shall provide all personnel, vehicles and other equipment,
and materials to remove any vehicle pursuant to this Agreement. The Company shall obtain
clearance from the Police Department (pursuant tv procedures established by the Chief of Police
fiom time to time) on aIl wrecker operations. The Company shall provide the Chief of Police
with a copy of the unexpired active Tow Company and Vehicle Storage Facility licenses issued
by the Texas Department of Licensing and Regulation.
2.2 Hours of Operation. The Company shall provide service twenty-four (24) hours a
day, seven (7) days a week, including holidays.
2.3 Vehicles and Other Equipment. The Company shall provide no fewer than two
(2) wreckers on a ].-ton to 2'!2-ton chassis, equipped with a zninunum of 10,0001bs. power-drive
winch and all other equipment required by the State of Texas. All Company vehicles shall meet
the mt'uimum vehicle safety standards as set forth by the Texas Department of Public Safety and
shall display unexpired Texas motor vehicle inspection stickers. All other equipment shall be
maintained in a safe manner. Each shall be operated by experienced drivers-and operators with
all applicable licenses required by the State of Texas. The Company shall provide the Chief of
Police with a copy of each wrecker vehicle's unexpired and active "cab card" or State-issued
Incident Management Tow Permit. The Company shall also furnish the Chief of Police with a
copy of a certificate of insurance for the required liability insurance for each wrecker vehicle.
2.4 Vehicles and EgLuipment Backup. The Company shall arrange for and provide, at
its expense, backup vehicles and equipment in the event the Company's vehicles or equipment
fails or has insufficient workload capacity.
2.5 ~toraf~e Facility: The Company shall provide a secure area within the City limits
for the storage of vehicles impounded pursuant to this Agreement. All of the Company's yards
and storage areas within the City must meet the requirements of City and State law and shall be
fenced in order to provide protection for vehicles in its custody, with gates secured with adequate
locks.
2,6 Response, The Company shall maintain a telephone manned twenty-four (24)
hours a day, seven (7) days a week, including holidays, and shall respond to designated locations
within the City as directed by the Police dispatcher with no later than a thirty (30) minute arrival
time.
2.7 Personnel. The Company shall provide cuff cient personnel to perform all of its
obligations hereunder. A copy of each driver's State-issued Incident Management Tow License
50075477.4 2
will be provided to the Chief of Police prior to that driver being approved to operate under this
Agreement, Any driver whose Incident Management Tow License is revoked is not authorized
to operate under this .Agreement.
Any driver who is aware that he ar she is undcr investigation or under indictment for any
felony or any offense involving theft, assault, or operating any type of vehicle while intoxicated
or under the influence will not be allowed to operate under this Agreement.
In addition, any driver who has been convicted of any felony or any offense involving
theft, assault, ar operating any type of vehicle while intoxicated or under the influence will not
be allowed to operate under this Agreement for a period of not less than two (2) years after the
final date of disposition for that offense.
Any driver who has been incarcerated in a Federal penitentiary or the penitentiary of any
State shall be prohibited from operating under this Agreement for a period of not less than two
{2) years after the official date of release from incarceration.
.Any driver who meets any of the listed disqualifiers above who fails to make written
notification to the Chief of Police of such disqualifier within five {S) business days after its
occurrence or five (S) business days after the effective date of this Agreement shall be
indefinitely suspended from operating under this Agreeax~ent.
2,8 Xndemnity. ~$E COMPANY SHALL INDEMNII+'Y AND SAVE HARMLES5 THE CITYa
AND ALL AGENTS, ORFICERS, EMPLOYEES AND REPRESENTATIVES THEREpI~ FROM AND
AGAINST ANY AND ALL LOSS SUSTAINED BY THE CITY ON TgE ACCOUNT OF ANY SUIT
JUDGMENT, CLAIMS OR DEA3AND WHATSOEVER, RESULTING PROM THE NEGLIGENCE ON THE
PART OF THE COMPANY ITS AGENTS, OR EMPI..OYEES IN THE PERFORMANCE OF SERVICES
UNDER THIS .AGREEMENT.
2.9 Insurance, The Company agrees to procure and keep in full force and effect a
policy or policies of public liability ar~d pxoperty damage inslu~ance, issued by a casualty
insurance company authorized to do business in the State of Texas and in the standaxd form
approved by the State Board of Insurance, such policy or policies including the City as an
additional insured, with the coverage provision insuring the public from any loss or damage that
may arise to any person or property by zeason of the operation of the Company pursuant to this
Agreement and providing that the amount of recovery on each tow truck shall be in limits of not
less than the following sums:
(a) for damages arising out of bodily injury to ox death of one person in any accident,
~l,aoo,ooo;
(b) for damages arising out of bodily injury to or death of two or more persons in any
accident, $1,000,000; and
(c) for injury to or destruction o£property in any one accident, $1,000,000.
Such policy or policies must be in full force before the Company commences service under this
Agreement. Such insurance must provide that the City must receive at least sixty (60) days'
sao~s4~~,a 3
prior written notice of cancellation of such insurance or any reduction of coverage. Either the
original policy ar policies or a certificate or certif Cates evidencing such insurance must be on
file with the City Secretary of the City.
2.10 Eond. The Company shall furnish an annually renewable bond ox bonds to the
City in the aggregate amount of $250,000 guaranteeing the faithful pexformance of the
Company's obligations under this Agreement, which shall be in force before the Company
commences service under this Agreement, and which shall be subject to the following
requirements:
{a) Such bond shall be executed by the Company and one or more sureties approved
by the City Manager.
(b) Such bond or bonds or certified copies thereof must be on file with the City
Secretary of the City.
{c) Such bond ox bonds must provide by endorsement that it cannot be cancelled ar
amended by the surety without at least sixty {60) days' prior written notice to the
City Manager, .
(d) Such bond or bands shall provide that the Company shall well and truly observe,
fulfill, and perform each term and condition of this Agreement and that, in case of
any breach of condition of the bond, the amount thereof shall on demand by the
City be recoverable from the principal and surety thereof by the City for all
liquidated damages for the failure of the Company to well and truly observe,
fulfill, and perform any provisions of this Agreement, and for any amount billed
to the Company by the City for the cost of the City's performing or causmg to be
performed the Company's obligations herein.
2.11 Liabilities. The Company shall timely pay all taxes, license fees, or other debts
which are owed to the City or will become due in the future.
2.12 Repair; Cleanup. The Company shall repair or restore to its original condition
any vehicle, equipment, or parts disconnected or tampered with for the purpose of towing and
shall sweep and clean up all loose parts or debris in the area that are a result of an accident for
which the Company was summoned. This may include minor fluid spills which may require the
sweeping and disposal, use of absorbents, sand, or other approved method. The Company shall
be responsible for removal of hazardous material unless the Company determines (with the
concurrence of the City's Fixe Chief or his designee) that due to the size or amount of hazardous
material or the circumstances, the Company believes that ~ such abatement is beyond its
immediate capabilities. In that case, the City's Fire Department shall take whatever actions are
necessary for appropriate abatement. In that circumstance, the Company may not change fox the
cleanup not performed by it or at its direction,
2.13 Recei t far Vehicle. The Company shall provide to the vehicle owner or agent at
the scene a receipt verifying the Company's possession and/or storage of the vehicle, if the
owner or agent is available at the time of impoundment. The receipt will contain at least the
following information:
SOD75477.4 4
(a) identification of the vehicle;
(b) identification of the driver/owner;
(c) date/timc of the occurrence;
(d) destination of the transfer;
{e) notification of whether or not there is a "hold" or other restriction on release of
the vehicle; and
(f) signature of the police officer directing impoundment of the vehicle;
2.14 Release of Vehicles. The Company shall release the vehicle to the owner or
authorized agent only after all applicable charges and fees have been paid and shall release
"hold" or otherwise restricted vehicles only if the release is authorized by the Police Department.
2.15 Notice by Camuany. The Company shall provide notice of the possession of a
vehicle to the owner in accordance with the requirements of State of Texas law and shall provide
to the City a copy o~ the certified, return receipt requested, letter of notice sent to the owner and
a copy of the certification paper received by the Company from the past office after delivery of
the certif ed notice.
2.16 Records. The Company shall maintain books reflecting its operations hereunder
in accordance with general accounting principles. Such books and records, together with any
other documentation necessary for verification of the Company's compliance with the terms of
this Agreement, shall be open and available fox the inspection by the City within the City at any
reasonable time. The City may review impoundment fees and towing and storage charges once
every calendar quarter for compliance with permitted and required charges.
2.17 Inventory and Fee Collection Rem. The Company shall provide to the Chief of
Police an inventory of all vehicles that have been impounded pursuant to this Agreement during
each calendar quarter by each January l0, Apri110, July 10, and October 10, commencing
July 10, 2013. The list shall include the case number, vehicle identification number, owner, date
of impoundment, and details regarding disposition of the vehicle or that the vehicle continues to
be in the Company's possession. In addition, the Company shall subnit to the City a detailed
report of all fees collected during each calendar quarter pursuant to this Agreement by each
January 10, April Y 0, July 10, and October 10, commencing July 10, 2013.
2.1$ Ci Fees. The Company shall collect a City fee for each vehicle under its control
pursuant to this Agreement pursuant to the Fee Schedule attached hereto as Exhibit A, as
modified from time to time by the City, and by each quarter, by January 10, April I0, July 10,
and October 10, commencing July 10, 2103, the Company shall remit such. fees to the City. The
Company also agrees to provide the City wi#h 25% of the net auction proceeds from the
unclaimed vehicles impounded by the City on the same quarterly schedule.
2.19 Postin of Fees. The Company shall post in a prominent place at its place of
business in the City a list of fees for its services under this Agreement as approved by the City.
50475477.4 5
2.20 Seizure Vehicles. The Company shall at no charge until final disposition stare
impounded vehicles that are pending forfeiture by the City. Vehicles that are not able to be
seized and are available fox release must have all charges paid by the registered owner prior to
release.
2.21 No Assi ent. The Company shall not assign, sell, or otherwise transfer its
rights under this Agreement, nor shall it assign, sell, or otherwise transfer substantially all of its
assets, to any other person or entity without the prior written approval of the City, which
approval not to be unreasonably held.
ARTICLE III
TERM OF AGREEMENT AND RENEWAL AND TERMIlVATION OPTIONS
3.1 Term. Subject to Sections 3.2 and 3.3, this Agreement shall be for a term of five
{5) years beginning on May 1, 2013 and ending on April 30, 2018.
3.2 Renewal. This Agreement shall be automatically renewed for an additional
period of two {2) years, unless either the City or the Company gives written notice to the other
party of the termination of this Agreement at least ninety (90) days' prior to the expiration of the
initial term of this Agreement.
3.3 Right of Termination. The City or the Company shall have the right to terminate
this Agreement for any or no reason, upon delivery of thirty {30) days' prior written notice to the
other party. Further, either party may terminate this Agreement immediately at any time for
cause or far failure of the other to comply with the terms, representations, and conditions of this
Agreement.
ARTICLE N
GENERAL
X1.1 Entire Agreement. This Agreement embodies the entire understanding of the
City and ~ the Company as to the subject matter hereof, and there are no further or other
agreements or understandings, written or oral, in effect between the parties as to the subject
matter hereof. The drafting, execution, and delivery of this Agreement by the parties have been
induced by no representations, statements, warranties, or agreements other than those expressed
in this Agreement, and, except as expressly provided herein to the contrary, the provisions of this
Agreement are for the benefit of the parties hereto and not for the benefit of any other person(s)
or entities.
4.2 Waivers. A. waiver, alteration, or modification of any of the provisions of this
Agreement will not be binding unless in writing and signed by authorized representatives of the
City and the Company.
X1.3 Severability. A determination by a court of law of competent jurisdiction that a
section or any part of a section of this Agreement is void, invalid, or unenforceable for any
reason, shall not render void, invalid, or unenforceable any other section or any part of any other
section of this Agreement.
50075477.4 6
4.4 Governing.-, Law. Except to the extent governed by United States law that
preempts State of Texas law, this Agreement shall be governed by and construed in accordance
with the laws of the State of Texas. Proper venue for any dispute or litigation shall be only in
Guadalupe County, Texas.
4.5 Re ato A encies. This Agreement is subject to such Hiles and regulations
and Iaws as may be applicable in the State of Texas. Any changes to Federal or State of Texas or
City of Schertz laws which conflict with the terms and conditions of this Agreement, take
precedence over the terms of this Agreement; provided, the Company may charge only those
fees specifically provided far herein. When a party to this Agreement is made aware of a
conflict between this Agreement and any law, it will notify the other party in writing within five
(5) business days with the proposed steps to be taken to resolve the conflict. Both parties must
agree to a resolution for this Agreement to continue in force.
4.6 Notices. All notices, requests, demands, or other communications affecting the
teams of this Agreement shall be in writuag, and shall be deemed to have been duly given if
delivered in. person, by facsimile or within twenty-one (21) days after deposited in the United
States mail, postage prepaid, certified, with return receipt requested. Notice shall be addressed to
the parties as follows:
The City: City of Schertz, Texas
1400 Schezfiz Parkway
Schertz, TX 78154
Atten#ion: City Manager
The Company: Roadrunner 'l'owing
100 Pecan
Schertz, TX 78154
4.7 Replacement. This Agreement zeplaces a prior agreement between the parties
dated 3une 1, 2008, as amended March 16, 2010.
4.8 Counter arts. This Agreement may be signed in counterparts, all of which
together shall be one document.
54475477.4 ']
IN WITNESS WHEREOF, the parties have executed. this Agreement effective as of the
date first set forth above.
CrrY of scxERTz
By: f
C, Kesel, City Manager
120ADRUNNER TOWING SERVICE, INC.
By:
Authorized Officer
SDD75477.4 ~- i
EXHIBIT A
Non-Consensual To~cvin Rates- Li ht Du
Accident Rates
~'ee Charged to Owner
Towing Rate
City Fee
Dolly Use (only if required or requested)
Off-Road Recovery
Labor Ti_me1
Waiting Time2
Additional Trucks and Labor
Glean-up (beyond normal and reasonable)
Mileage Rate3
$125,00
$la.0o
$30.00
$50.00
$75.00 per man/per hour
$65.00 per manfper hour
$75.00 per man/per hour
$25.00
$3.00 per mile
Police Rate
Arrests, Abandoned, Stolen, Parking
Mileage Ra#e3
$85.00
$3.00 per rni[e
Hazardous Material Clean Un
Hazardous Material Clean Up
Storage Rates
Calculated after completion of clean up,
remediation, testing, and disposal + 25%
Vehicles Less Than 25' $20A0 per day + tax
_ Vehicles 2S' or Longer $35.00 per day + tax
Lnpoundment Fee $20.00
Notification Fee (if notification sent by 3`d day) $SOAO
~ I.abar ~`ime -- allowed if tow is beyond normal and reasonable.
z Waiting Time -driver is caned to scene and is required by owner/driver or officials to wait more than 30
minutes. This does not include time waiting for additional wreckers or equipment needed to effect tow,
s Mileage lZate -- iftow originates or terminates outside the City limits of Schertz.
a Storage rates cobnnnence the day the vehicle arrives at the storage facility and increase at midnught of each
subsequent day.
50075477.4 A_ ~
Non-Consensual Towing Rates Medium Duty1
Accident Rates
Towing Rate
City Fee
Drivesha-ft Removal (only if required ox requested}
Off-Road Recovery
Labor Tirne2
Waiting Time3
Additional Trucks & Labor
Clean-up (beyond normal and reasonable)
Mileage Rate4
Fee Charged to 4wrter
$225.00
$20.00
$125.oa
$1.50.00
$150.00 per manlper hour
$100.00 per man/per hour
$125.00 per man/per hour
$125.00
$x.00 per rniie
Police Rate
Arrests, Abandoned, Stolen, Parking
Mileage Rate4
~ 150.00
$4.00 per mile
Hazardous Material Clean U
Hazardous Material Clean Up
Stora~e_Rates5
Calculated after completion of clean up,
remediation, testing, and disposal + 25%
Vehicles Less Than 25'
Vehicles 25' or Longer
Impoundment Fee
Notification Fee (if notification sent by 3`d day)
$20.00 per day + tax
$35,00 per day + tax
$20.00
$50.00
Medium Du rates onl a 1 if medium du is re utred due to wei t or othez extenuatin circumstances,
z ty Y PP Y~ ty ~ q~ gh g
Labor Time - allowed if tow is beyond normal and reasonable,
s Waiting Time _ driver is called to scene and is required by owner/driver or officials to wait ~aoore than 30
minutes. This does not include time waiting for additional wreckers or equipment needed to effect tow.
a Mileage Rate if tow originates or terminates outside the City limits of Schertz,
5 Storage rates commence the day the vehicle arrives at the storage facility and increase at midnight of each
subsequent day.
soo~sa~~.a A-2
Non-Consensual Towin Rates - Hea Du 1
Accident Rates
Towing Rate
City Fee
Off-Road Recovery
Labor Rate2
Waiting Time3
Additional. Heavy Duty Wrecker and Lobar
Additional Small Wrecker and Labor
Additional Fcluipment (tractors, forklift, etc.)
Clean up (beyond normal and reasonable}
Mileage Rate4
Fee Charged to Uwner
$525.00
10% of total taw fee
$250.00
$375.00 per man/per hazer
$250.00 per manlper boar
$425.00 per man/per hour
$125.00 per man/per hour
$325.00 per hoax + 2S%
$125.00
$5.00 per mile
Pollee Rate
Arrests, Abandoned, Stolen, Parking
Mileage Rate4
$lso.oa
$5.00 per mile
Hazardous Material Clean U
Hazardous Material Clean Up
Calculated after completion of clean up,
remediation, testing, and disposal + 2S%
Stora:re Rates
'Vehicles Less Than 25' $20.00 per day + tax
Vehicles 25' or Longer $35.00 per day + tax
lmpoundment Fee $20.00
Notification Fee (if notification sent by 3rd day) $50.00
~ Heavy Duty -rates only apply if heavy duty is required due to weight or other extenuating circumstances
~ Labor Time -allowed if tow is beyond normal and reasonable.
a Waiting Time -driver is called to scene and is required by ownerldriver ar officials to wait more than 30
minutes. This does not include time waiting for additional wrecl~ers or equipment needed to effect tow.
4 Mileage Rate - i f tow originates or terminates outside the City Limits of Schertz.
S Storage rates commence the day the vehicle arrives at the storage facility and increase at midnight of each
subsequent day.
StH175477.4 A_3