8.1. SR 12-07-2015City of
Elk —
River
Request for Action
To
Item Number
Mayor and City Council
8.1
Agenda Section
Meeting Date
Prepared by
Consent
December 7, 2015
Ron Nierenhausen, Police Chief
Item Description
Reviewed by
City of Elk River Towing Agreement
Cal Portner, City Administrator
Reviewed by
Action Requested
Approve, by motion, the City of Elk River Towing Agreement between the City of Elk River and Collins
Brothers Towing.
Background/Discussion
The City of Elk River had previously entered into a Towing Agreement with Collins Brothers and Morrell
Towing to provide towing services (both agreements have expired).
With the recent sale of Morrell Towing to Bob's Towing of Big Lake the police department would like to
solidify a new agreement with Collins Brothers Towing for a period of three years. This would establish
time for the police department to evaluate the operation of Bob's Towing to verify they fit the parameters
set by the police department.
Financial Impact
None
Attachments
■ City of Elk River Towing Agreement
P a w E A E U s r
NaA f RE]
Cit Of Elk River Towing Agreement O(D4 A �
Y � d
THIS AGREEMENT made the 14 day of December, 2015, by and between the CITY OF ELK RIVER, a
municipal corporation, hereinafter referred to as "City," and Phillip Collins d/b/a Collins Brothers
Towing, hereinafter referred to as Collins Towing.
WHEREAS, the City has the need, from time to time, to contract with private towing companies for the
towing and/or storage of police impounded vehicles, vehicles required to be towed from accident scenes,
and stalled or broken down vehicles; and
WHEREAS, Collins Towing desires to be the sole private company providing towing services to the City.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES
CONTAINED HEREIN, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
1) The City shall use Collins Towing as its sole provider of towing services. Towing services shall
be provided only at the request of Elk River Police Department. Contact with Collins Towing
will either be made by the Police Department itself, or through Sherburne County Dispatch.
2) Collins Towing shall provide exclusive towing services within the City of Elk River. Collins
Towing shall tow, remove, and store vehicles at the request of the Elk River Police Department,
Collins Towing shall respond to all calls for tow or tow service within twenty (20) minutes of
being called by either Dispatch or the Police Department. If Collins Towing cannot respond
within 20 minutes, it shall immediately advise the Police Department so that a secondary towing
company can be dispatched. Failure of Collins Towing to respond within 20 minutes of request
for a tow will authorize the Police Department to dispatch a different towing company, in which
case Collins Towing will not be entitled to any compensation for that call.
3) Nothing in this agreement precludes a vehicle owner from requesting a private tow, or Motor
Club tow, unless the ordering and response time for the private tow would create excessive
delays.
4) Collins Towing shall provide at least fifteen (15) parking stalls within the City for storage of
towed vehicles. These stalls shall be within an area secured by a lockable fence and, together
with one indoor secure stall, shall be for the exclusive use for calls by the Elk River Police
Department. The storage facility must comply with all local, state, and federal laws and local
zoning codes, and shall be screened from public view if required by the Elk River City Code.
5) Collins Towing shall provide the following services at the following rates:
Type of Vehicle
Towing
Daily Outside
Storage
Daily Inside
Stora e
Light trucks and cars
$80.00
$30.00
$40.00
Snowmobiles & ATV's
$90.00
$30.00
$40.00
Motorcycles
$90.00
$30.00
$40.00
Use of Flatbed (Owner requested or
situation requirement)
$95.00
$30.00
$40.00
Winching
$65.00 and u
*Mileage for all tows - $4.00 per mile for the first twenty-five miles (charged by actual mile).
*Clean-up beyond standard simple sweeping- $30 and up.
*Fuel surcharge after fuel prices exceeds $3.00 per gallon - $5.00 fee.
*Collins Towing agrees to provide tow out services to all police department vehicles at no cost.
There shall be no charge for simple sweeping up at the scene of a tow.
The above rates shall be charged regardless of the day of the week or the time of day that the services
are requested by the Elk River Police Department. Any changes to the above fee schedule must be
first approved by the Elk River Police Department.
6) Storage fees will begin to accrue after the vehicle is placed in the Collins Towing storage lot. No
storage fees will be applied to vehicles taken directly to the impound lot at the Elk River Police
Department.
7) Collins Towing agrees to be available Monday -Friday during regular business hours (8:00a.m. —
5:00p.m,) and by appointment on Saturdays and Sundays to release any impounded vehicle. No
vehicle shall be released unless the City has issued a vehicle release form and all fees required for
release of the vehicle have been paid. Unclaimed vehicles will be disposed of through lien sales,
scrapped, or sold publicly by statute, in accordance with the pertaining Iaws.
8) Collins Towing shall notify the City in writing of any vehicle released, and of any vehicle
disposed of as described in (7).
9) Charges for services provided pursuant to this Agreement shall be the responsibility of the owners
or responsible parties of the towed vehicles. Collins Towing shall be authorized to collect all fees
from the owners or responsible parties of the towed vehicles. The City shall not be responsible
for the payment of any fees to Collins Towing, except for vehicles impounded at the Police
Department pending forfeiture. Collins Towing will not attempt to collect fees from the City or
hold the City accountable for unpaid fees.
10) Collins Towing shall immediately release to the owner of a vehicle, upon request, all personal
property listed below which was left in that impounded vehicle:
a. Personal documents (Driver's license, insurance card, birth certificate)
b. Occupational tools needed for employment
c. Medical equipment
d. Prescription drugs
e. Infant or child ear seats
11) Collins Towing shall conduct all transactions with the City and the public in a safe, polite, and
professional matter,
12) Collins Towing shall maintain all of its towing vehicles in good operating order and shall be
responsible for having its vehicles operated in a manner that is safe and lawful. All tow trucks
shall have sufficient quality equipment to perform their jobs including. road debris clearance,
safety chains, straps, two lights, two-way communication equipment, proper lettering, safety
vests, permits, and appropriate licensing.
13) Collins Towing shall be able to respond to a minimum of two (2) simultaneous tows at any given
time..
14) Collins Towing shall maintain at least one (1) wrecker capable and licensed to tow vehicles of
gross vehicle weight of up to 32,999 pounds (Medium Duty Tow Truck.).
15) Collins Towing shall maintain a general liability policy with minimum $1,000,000 coverage per
incident. In addition, Collins Towing shall maintain a Garage Keeper's Liability insurance policy
covering its motor vehicles, stored motor vehicles, and storage operations in a minimum amount
of $500,000. At the request of the City, Collins Towing shall furnish to the City or its
representative a Certificate of Insurance showing that said insurance is in full force and effect
during the period of this agreement. Collins Towing further agrees to hold the City harmless
from any and all claims brought by third parties against the City arising out of any conduct or
activity of Collins Towing, or any claim arising out of this agreement. The City shall also be
listed on the insurer's list of certificate holders for notification purposes with a 10 -day notice of
cancellation or change of coverage.
16) Tow requests that are cancelled by an officer prior to arrival of the tow truck at the scene will not
be charged. The tow cannot be cancelled once the tow truck is attached to the vehicle; at that
point, the minimum tow fee does apply. For tow trucks cancelled prior to arrival, that company
shall be placed back on top of the rotation, for purposes of rotation the tow does not count.
17) Collins Towing shall provide Worker's Compensation insurance in conformance with the
provisions of the Minnesota Worker's Compensation Act and provide the City with proof thereof.
Nothing in this Agreement shall be construed to create an employee/employer relationship
between the parties.
18) This Agreement shall be in effect from December 1, 201.5, until December 1, 2018.
19) This Agreement may be terminated by either party, with or without cause, upon thirty (30) days
written notice to the other party.
20) The City will review this Agreement prior to the expiration of each item, and has the right to
submit to Collins Towing, in writing, proposed amendments to this Agreement. The proposed
amendments will take effect at the commencement of the next three-year term, unless Collins
Towing submits written objections to the amendments. At the expiration of this agreement, the
police department will evaluate additional Elk River towing companies for inclusion in a
rotational based system.
IN WRITTEN WHEREOF, the parties hereto have executed this agreement as of the date and year first
above written.
Collins Towing
City of Elk River
By
Phillip Collins d/b/a Collins Brothers Towing John Dietz, Mayor
By
Tina Allard, City Clerk