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2003-R-04RESOLUTION NO. 2003-R-04 0 OQG 4,p-4.'X r9 Fi /e i ,, c c e Filcc A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ESTABLISHING THE SCHEDULE OF CHARGES/FEES FOR TOWING, REMOVAL, IMPOUNDMENT AND STORAGE RELATING TO SECTION 17-31(FEES) OF ARTICLE IV (TOWING OR IMPOUNDING OF VEHICLES), CHAPTER 17 (TRAFFIC); REPEALING RESOLUTIONS IN CONFLICT HEREWITH; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater, Florida, has made the following determinations: In April 1999, the City Council adopted Ordinance No. 99-0-07 which amended Chapter 17 (Traffic) by adding Article IV (Towing or Impounding of Vehicles); and 2. Article IV (Towing or Impounding of Vehicles), Section 17-31(Fees), provides that a schedule for charges/fees relating to these services will be established by resolution of the City Council and shall be posted for public inspection in designated areas; and 3. The schedule ofcharges/fees forthese services havenotbeen modified since adoption of Resolution No. 99-R-04 in which they were initially established. 4. In an effort to be consistent with the County of Volusia and surrounding areas, the City has determined the need to modify the existing schedule of charges/fees. NOW, THEREFORE, be it resolved by the City Council ofthe City of Edgewater, Florida: Section 1. Pursuant to Chapter 17 (Traffic), Article IV (Towing orlmpounding of Vehicles), Section 17-31 (Fees), the schedule of fees/charges are hereby established as set forth in Section IV (Compensation) of Addendum Number 1, Wrecker Services Agreement dated May 5, 2003, which is attached hereto and incorporated herein by reference as Exhibit "A". Section 2. All resolutions orparts ofresolutions in conflict herewith be and same me hereby repealed. Section 3. This resolution shall take effect upon adoption. 2003-R-04 After Motion by cocilman Brown and Second byQuncilwoman Rhodes the vote on this resolution was as follows: Mayor Donald A. Schmidt Councilman James P. Brown Councilman Myron F. Hammond Councilwoman Harriet E. Rhodes Councilwoman Judy Lichter AYE NAY V4 x ABSTAIN x x PASSED AND DULY ADOPTED this 5th day of May, 2003. For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Scott A. Cookson, Esquire City Attorney Foley & Lardner CITY COUNCIL OF THE CITY OF EDGEWATER,®FLORIDA Donald A. Schmidt Mayor Robih L. Matusick Legal AssistanVParalegal Approved by the City Council of the City of Edgewater at a meeting held on this 5th day of May, 2003 under Agenda Item No. 6�L. 2003-R-04 2 '-" ,..., ADDENDUM NUMBER 1 ~CKERSERVICESAGREEMENT By Agreement made and entered into this s-t~ day of May, 2003, by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation (hereinafter "City"), whose mailing address is P. O. Box 100, Edgewater, Florida 32132-0100 and EDGEW ATER GARAGE, INC., (hereinafter "Contractor"), whose mailing address is 2033 S. Ridgewood Avenue, Edgewater, Florida 32141. WITNESSETH: The CITY and CONTRACTOR mutually agree to amend that certain Agreement between the CITY AND CONTRACTOR made and entered into on the 21 st day of May, 2001, as follows: 1) Section I. Scope of Services and Equipment, Storage Facility and Personnel Requirements W. The Contractor shall have available a minimum of four (4) wreckers to provide these wrecker services including: two (2) Class "A" wreckers; one (1) Class "c" wrecker; and one (1) Roll Back car carrier. The Class "c" wrecker may be available through written agreement with another company. The Contractor may also utilize a Class "D" wrecker. 2) Section III. Term and Termination Both parties wish to utilized the renewal option for an additional for an additional two (2) year term beginning on May 21, 2003 and continuing through May 21, 2005. 3) In an effort to be consistent with the County contract for wrecker services, the Contractor is requesting the following modifications to the following: Section IV. Compensation A. In consideration for the City's exclusive use of Contractor, Contractor shall submit to the Finance Director on the first day of each month the sum of ten fifteen dollars and no/lOO ($10.00) ($15.00) per tow for those services performed by Contractor pursuant to this Agreement along with copies of all invoices for services provided pursuant to this Agreement. The towing of City vehicles, abandoned vehicles, or other vehicles for which there will be no towing charge by the Contractor shall not (Agreement/Wrecker Services - Addendum #1) .., .""" be included in the determination of the number of monthly tows. B. Contractor may charge the owner of any vehicle being towed and/or stored at the request of the City the rates listed below: 1) 2) 3) 4) 5) 6) 7) Towing vehicles, Class A, under 9,999 Ibs. GVWR Towing vehicles, Class B, under 19,500 Ibs. GVWR Towing vehicles, Class C, 19,501 to 24,999Ibs. GVWR Towing vehicles, Class D, greater than 25,000 Ibs. GVWR When a flatbed is needed to accomplish the tow, a flat additional fee When dollies are required to accomplish the tow, a flat additional fee to tow the vehicle on dollies is Additional flat fee per fifteen (15) minutes of extra labor for complicated situations, i.e., water recovery $100.00 $200.00 $300.00 $400.00 $ 10.00 $ 35.00 $ 20.00 Mileage Charges: No mileage charge shall be made for the first ten (10) miles from the point of origin of the tow. Thereafter, mileage may be charged at the following maximum per mile rates: Class A Wrecker Class B Wrecker Class C Wrecker Class D Wrecker $2.50 per mile $3.00 per mile $4.00 per mile $5.00 per mile 8) Water recovery with the wrecker company using their own certified scuba diver to make the recovery $100.00 9) Service Charges: I) Wrecker on-scene and owner arrives $ 25.00 2) Wrecker not on-scene and owner arrives NO CHARGE 10) Ancillary Charges: 1) Double hook-up $ 15.00 2) Vehicle entry when locked $ 15.00 3) Drop transmission linkage $ 15.00 4) Axle or drive shaft removal $ 15.00 11) Clean-Up Charges: 1) Towing Company shall at no cost to the City of Edge water or the Edgewater Police Department charge to clean up all debris off the public streets, ways, sidewalks, parks, avenues, and property of the City, and remove the same to a proper place away from the crash scene. 2) Towing Company shall not charge the owner of the vehicle being towed for clean up. 12) Storage Rates per day: 1) Vehicle at compound under twelve (12) hours NO CHARGE 2) Outside (passenger car/light truck) $ 25.00 3) Inside (passenger car/light truck) $ 30.00 4) Outside Class C $ 60.00 5) Outside Class D $ 60.00 13) After Business Hours Release Vehicle Fee $ 25.00 14) Administration Fee for paperwork of towed vehicles: (a) The vehicle in impound yard seventy-two (72) hours or less (b) The vehicle is impounded more than seventy-two (72) hours charge is by individual towing company with an (Agreement/Wrecker Services - Addendum #1) 'W' ....., itemized bill. 4) Section XII. Notices Notice is hereby modified to reflect a change in ownership of Edgewater Garage, Inc. and to forward notices to the following: If to Contractor: Myron F. Hammond, President Edgewater Garage, Inc. 2033 S. Ridgewood Avenue Edgewater, FL 32141 5) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished, ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year first written above. WITNESSES: CITY OF EDGEW ATER, FLORIDA By:-:/~~t- Kenneth R. Hooper City Manag!,r ~ Dated: :5 -5 ~C) ~/<~ - I ~ J c1ru;'~ WITNESSES: EDGEW ATER GARAGE, INC. ~- "[~&.'\Vi~ By: M on F. Hammond ~ J Dated: a I-f I ~ , (Agreement/Wrecker Services - Addendum #1)