4.8 SR 07-15-2024The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
City Council
Item Number
4.8
Meeting Date
July 15, 2024
Prepared By
Lindsay Brandner, Senior Administrative Assistant
Item Description
City of Elk River Towing Agreement 24-18
Reviewed by
Darren McKernan
Cal Portner
Tina Allard
Action Requested
Approve, by motion, a Towing Agreement 24-18 between the City of Elk River and Collins Brothers Towing.
Background/Discussion
On June 7, 2024, the city released a Request for Proposals for towing, impounding, and storage of motor
vehicles.
The proposal due date was June 21, 2024, and the city received three proposals; Collins Brothers Towing,
Bob's Towing and Recovery, and Burda's Towing.
Per the RFP, each proposing company was scored based on 12 categories. The results are as follows:
▪ Burda's Towing - 40 points
▪ Collins Brothers Towing - 35 points
▪ Bob's Towing and Recovery - 25 points
The performance standards ranged from charges for towing passenger vehicles including cars, light trucks (3/4
ton or less), vans, utility vehicles, four-wheel drive vehicles, motorcycles, and recreational vehicles (including
ATVs, snowmobiles, and mini bikes) to administrative fees. Bob's Towing and Recovery and Burda's Towing
did not satisfy number three of the terms and conditions; needing to have all storage and parking lot facilities
and all equipment to be used within the corporate limits of the City of Elk River.
Following a formal scoring process of both proposals, staff recommends the city enter into a three-year
contract with Collins Brothers Towing.
Financial Impact
None
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Mission/Policy/Goal
Elk River Mission
Attachments
1. Request for Proposal from Bob's Towing and Recovery
2. Request for Proposal from Burda's Towing
3. Request for Proposal from Collins Brothers Towing
4. Towing Agreement
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AGREEMENT FOR TOWING, IMPOUNDING AND
STORAGE OF MOTOR VEHICLES SERVICES
THIS AGREEMENT, entered into this 15th day of July, 2024, 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 receiving
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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 ¾ ton or less,
vans, utility vehicles, four-wheel drive vehicles, motorcycles, and recreational
vehicles (to include ATVs, snowmobiles, and minibikes)
i. Tow truck $100.00 + sales tax + $5.00/mile
ii. Flatbed $100.00 + sales tax + $5.00/mile
B. Charge for towing of passenger vehicles (listed above) that have been involved in an
accident.
i. Tow truck $250.00 + sales tax
ii. Flatbed $250.00 + sales tax
C. Charge for towing of vehicles ¾ ton to 1 ½ ton capacity.
i. Tow truck $135.00 + sales tax
ii. Flatbed $135.00 + sales tax
D. Charges for towing of vehicles larger than 1 ½ ton capacity. $300.00 per hour + sales
tax shop to shop.
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E. Charges for towing of vehicles larger than 1 ½ ton capacity involved in an accident.
$1500.00 per hour + sales tax shop to shop.
F. Charges for winch out. $100.00 + 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. $65.00 + sales tax.
H. Loaded mile rate for transporting vehicle. $5.00 sales tax per mile.
I. Charge for each 24 hours of storage; including day of tow.
i. Inside $55.00
ii. Outside $45.00
J. Within the City of Elk River flat rate charge for designated forfeiture vehicles
released to police. $100.00 + 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 Sheriff's 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.
15. INSURANCE. The Contractor shall obtain and maintain liability insurance for coverage
of not less than the following amounts:
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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 be effective upon execution by the City and Contractor,
and the term of this Agreement shall be (3) years. It shall be automatically renewed for an additional
three-year term unless either party gives written notice 90 days prior to the termination of the initial term.
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 days of receipt of the
notice of the breach.
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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.
BY: ______________________________ BY: _______________________________
John J. Dietz, Mayor Name:_______________________
Title:________________________
AND _____________________________
Tina Allard, City Clerk Date:________________________________
Date:____________________________
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