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4.8 SR 10-05-2020Request for Action To Item Number Mayor and Ci T Council 4.8 Agenda Section Meeting Date Prepared by Consent October 5, 2020 Ron Nierenhausen, Chief of Police Item Description Reviewed by City of Elk River Towing Agreement Execution Cal Portner, City Administrator Reviewed by Action Requested Approve, by motion, the execution of a towing agreement between the City of Elk River and Collins Brothers Towing, Inc. Background/Discussion In September of 2016, the Council approved the execution of the towing agreement between the City of Elk River and Collin's Brothers Towing. The agreement has expired, and staff is recommending a three-year contract. The attached is a final agreement for signature by the mayor and city clerk. Financial Impact None Mission/Policy/Goal N/A Attachments ■ City of Elk River Towing Agreement with Collins Brothers The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires pi ospei ly. M TUREJ Updated.• August 2020 AGREEMENT FOR TOWING, IMPOUNDING AND STORAGE OF MOTOR VEHICLES SERVICES THIS AGREEMENT, entered into this 5th day of October, 2020, between the CITY OF ELK RIVER, a Minnesota municipal corporation ("City") and COLLINS BROTHERS TOWING INC., a Minnesota corporation ("Contractor"). IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE CITY AND CONTRACTOR AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The scopes of services are detailed in the Contract Document. 2. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement B. City of Elk River Request for Proposal Towing, impounding and storage of Motor Vehicles C. Collins Brothers Towing Proposal for Towing, Impounding and Storage of Motor Vehicles In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document "C" having the last priority. 3. OBLIGATIONS OF THE CONTRACTOR The Contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. 4. PAYMENT. The City agrees to pay and the Contractor agrees to receive and accept payment in accordance with the fees specified in the Collins Brothers proposal. 5. PERSONNEL. All drivers provided for the towing of vehicles shall be checked for driver's licenses and warrants by the City's Police Department prior to their assignment. Contractor agrees to train all drivers in the proper towing of vehicles containing hazardous materials in accordance with federal and state law. 6. STORAGE FACILITY. The Contractor shall provide a locked storage facility for towed vehicles with a security fence along the entire perimeter. The facility shall have space for no fewer than fifteen (15) vehicles outside and one (1) vehicle inside and shall be within Elk River City limits. 7. OPERATION. No vehicle shall be towed under this Agreement without the specific authorization from an employee or agent of the City. All vehicles shall be towed, not driven (except when authorized), without damage to the vehicles, to the storage facility. Contractor shall maintain and provide a telephone answering service and a FAX machine twenty-four (24) hours a day for the purpose of 1 receiving requests for service pursuant to this Agreement, and shall provide and maintain mobile radio service with all towing units. 8. NOTIFICATION OF OWNER AND LIENHOLDER. A. Upon deposit of a towed vehicle in the storage facility, the Contractor shall send to the registered owner and lienholder of record within five (5) days, by certified mail, a notice specifying the date and place of the tow, the year, make, model, and serial number of the vehicle towed, and the procedure to reclaim the vehicle. A record of this notice shall be retained by the Contractor. B. If a vehicle remains unclaimed after thirty (30) days from the date the notice was sent under paragraph 5A above, a second notice shall be sent by certified mail, return receipt requested, to the registered owner, if any, of the unauthorized vehicle and to all readily identifiable lienholders of record. 9. RELEASE. No vehicle shall be released without proper proof of ownership. Vehicles ordered held by the Police Department shall not be released without written authorization from the Department. Vehicles not kept on a "police hold" shall be released by the Contractor after obtaining proper proof of ownership and proof of current automobile liability insurance, if the vehicle is to be driven out of the impound lot. The Contractor reserves the right to specify the manner of payment for all charges and fees. Contractor agrees to supply personnel and reasonable hours for the release of vehicles. Minimum hours shall be 7:00 a.m. to 5:30 p.m. Monday through Friday, two (2) hours on Saturday, two (2) hours on Sunday, and two (2) hours on holidays, with the exception of Christmas Day, New Year's Day, Thanksgiving, and Easter, when they must be open one (1) hour. Contractor agrees to provide temporary service beyond these hours at the request of the Police Department. The Contractor shall release vehicles after normal business hours within a reasonable time. The Contractor may charge a reasonable service fee above and beyond the normal fee for vehicles released after normal business hours. 10. TOWING AND STORAGE CHARGES. All towing or storage charges shall be the responsibility of the vehicle owner. Collins Brothers will accept all payments. The Elk River Police Department will not accept payments. A. Charge for towing of passenger vehicles; including cars, light trucks 3/4 ton or less, vans, utility vehicles, four-wheel drive vehicles, motorcycles, and recreational vehicles (to include ATVs, snowmobiles and minibikes) i. Tow truck $90.00 + sales tax ii. Flatbed $90.00 + sales tax B. Charge for towing of passenger vehicles (listed above) that have been involved in an accident. i. Tow truck $150.00 + sales tax ii. Flatbed $150.00 + sales tax C. Charge for towing of vehicles 3/4 ton to 1 '/z ton capacity. i. Tow truck $115.00 + sales tax ii. Flatbed $115.00 + sales tax D. Charges for towing of vehicles larger than 1 '/2 ton capacity. $150.00 per hour + sales tax shop to shop. 2 E. Charges for towing of vehicles larger than 1 '/2 ton capacity involved in an accident. $175.00 per hour+ sales tax shop to shop. F. Charges for winch out. $65.00 + sales tax. G. Hook up or impound charges (in lieu of fees charged in #1, #2, #3, or #4 above). Charge for vehicle drop at same location. $30.00 + sales tax. H. Loaded mile rate for transporting vehicle. $4.50 sales tax per mile. I. Charge for each 24 hours of storage; including day of tow. i. Inside $45.00 ii. Outside $35.00 J. Within the City of Elk River flat rate charge for designated forfeiture vehicles released to police. $75.00 + sales tax. K. Charge for towing marked or unmarked police vehicles, fire department, administrative vehicles, and public works utility vehicles and equipment. $0.00. L. Administrative fee (per tow) $45.00 + sales tax. 11. RECORDS AND REPORTS. Contractor shall prepare a monthly report of all vehicles towed, stored, released, and still held, in a form acceptable to the City. This report shall be forwarded to the Police Department at the same time as payment of the administrative fee referenced in Paragraph 8. The report shall include the reasons why, if any, vehicles towed have not been released. All towing and impound records pertaining to services provided by the Contractor pursuant to this Agreement shall be available for inspection by the City upon request. 12. SALES AND/OR DISPOSAL. When the total of all charges for towing, storage, and other charges equals or exceeds the value of the vehicle impounded and/or the registered owner and lienholder of record voluntarily agree to same, the Contractor shall, with the permission of the Chief of Police, sell the vehicle at a Sheriffs sale or otherwise dispose of the vehicle by lawful means. The Chief of Police may authorize the lawful sale of other vehicles when so requested by the Contractor after proper notification has been made to the registered owner and lienholder of record. The Contractor shall report all transactions of sale or disposal, including the proceeds received, in the monthly report referenced above in Paragraph 9. The Contractor shall keep records and prepare an annual summary report by December 15 each year of all losses and profits from the sale or disposal of vehicles towed pursuant to this Agreement. 13. LIABILITY. The Contractor shall be responsible for the loss of, or damage to, any vehicle, equipment thereon, and contents due to the fault of the Contractor or its agents, from the time Contractor or its agent takes custody of the vehicle, whether that be by signing the receipt for the vehicle or by hooking or hoisting the vehicle. The Contractor shall be responsible for the safekeeping of personal property with or on the vehicle, as identified on the vehicle impound form. 14. INDEMNIFICATION. The Contractor shall indemnify and hold harmless the City, its employees and agents, from and against all claims, damages, losses, and expenses, including attorney's fees, which it may suffer or for which it may be held liable because of bodily injury, including death, or damage to property, including loss of use, as a result of the fault of the Contractor, its employees, agents, or subcontractors in the breach of performance of this Agreement. 3 15. INSURANCE. The Contractor shall obtain and maintain liability insurance for coverage of not less than the following amounts: Commercial General Liability (or in combination with an umbrella policy) $1,000,000 Each Occurrence $1,000,000 Personal & Advertising Injury $2,000,000 Products Completed Operations Aggregate $2,000,000 Annual Aggregate Auto Liability $1,000,000 Combined Single Limit - Bodily Injury & Property Damage Owned Vehicles (if Provider has such vehicles) Hired & Non -Owned Workers Compensation as required by law Inland Marine/Cargo $100,000 Garage Liability $100,000 each occurrence for vehicles in the care, custody, or control of the Contractor The insurance shall cover all operations under this Agreement whether undertaken by the Contractor, subcontractors, or anyone employed or retained by the Contractor. Coverage for bodily injury and property damage shall be written under Comprehensive General and Comprehensive Automobile Liability policy forms, including coverage for all owned, hired, and non -owned motor vehicles. The insurance shall also cover the indemnification liability set forth in Paragraph 14. The insurance company shall deliver to the City insurance certificates of all required coverages on a form acceptable to the City, signed by an authorized representative of the insurer. The City shall be named as an additional insured on the Commercial general liability policy on a primary and noncontributory basis. 16. NON-DISCRIMINATION. The Contractor agrees during the life of this Agreement not to discriminate against any employee, application for employment, or other individual because of race, color, sex, age, creed, national origin, sexual preference, or any other basis prohibited by federal, state, or local law. The Contractor will include a similar provision in all subcontracts entered into for performance of this Agreement. 17. SUBCONTRACTORS. The Contractor shall not subcontract all or any portion of this Agreement without prior written approval of the City, except for assistance in emergency or unforeseen circumstances. All subcontractors shall be bound by, and covered by all terms of this Agreement. 18. TERM. This Agreement shall commence when it has been signed by both parties and shall be for a term of three (3) years. The City may terminate this Agreement upon thirty (30) days written notice to Contractor if the Contractor breaches this Agreement and the breach is not cured by the Contractor within thirty day of receipt of the notice of the breach. M 19. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. COMPLIANCE WITH LAWS. In providing services pursuant to this Agreement, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the performance of this Agreement. Any violation shall constitute a material breach of this Agreement and entitle the City to terminate this Agreement. 21. DATA PRIVACY. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to: (1) all data provided by the City pursuant to this Agreement, and (2) all data created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act including, but not limited to, the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor's officers', agents', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 22. NON -ASSIGNABILITY. The Contractor may not assign its interest in this Agreement or subcontract with third parties. 23. WHOLE AGREEMENT. This Agreement embodies the entire agreement between parties including all prior understanding and agreements, and may not be modified except in writing, signed by all parties. 24. STATUTORY COMPLIANCE. Minnesota Statutes Chapter 168B is incorporated herein by reference. To the extent anything in this Agreement conflicts with any current or future statutory requirements, this Agreement shall be deemed amended to be in conformity with the statutory requirements. CITY OF ELK RIVER COLLINS BROTHERS TOWING INC. M. Date: John J. Dietz, Mayor BY: _ Name: Title: Tina Allard, City Clerk Date: E