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HomeMy WebLinkAboutOrdinance No. 16511 (Item 8.b.)ORDINANCE NO. 16,511 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE AWARD OF LIGHT TOWING AND STORAGE SERVICES TO LINDSEY'S WRECKER SERVICE LLC AND BAYTOWN WRECKER SERVICE INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the City Council of the City of Baytown did advertise for bids for state -licensed towing service companies to provide light duty towing and storage services for tows authorized by the Baytown Police Department; and WHEREAS, notice to bidders as to the time and place, when and where the bids would be publicly opened and read aloud was published pursuant to provisions of the Texas Local Government Code; and WHEREAS, the invitation to bid was advertised for two weeks and a pre -bid meeting was held May 8, 2026; and WHEREAS, all bids were opened and publicly read at City Hall on May 18, 2026, as per published notice to bidders; and WHEREAS, the City evaluated the bids, including the proposed charges and experience, and determined that the bidders were Lindsey's Wrecker Service LLC and Baytown Wrecker Service Inc., who could provide services to meet the needs of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown hereby accepts the bids of Lindsey's Wrecker Service LLC and Baytown Wrecker Service Inc. for light duty towing and storage services for tows authorized by the Baytown Police Department. Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to the Tow Agreements for Light Duty Tow Trucks with Lindsey's Wrecker Service LLC and Baytown Wrecker Service Inc., respectively. Copies of said agreements are attached hereto as Exhibits "A" and "B," and are incorporated herein for all intents and purposes. Section 3: This ordinance shall take effect from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City CoWcit of the City of Baytown this the 25"' day of June, 2026. � n 1 �P"�pYT�6ry�� ANGELACK N, City�Ci/er. g } APPROVED AST TIN HOLMES, Assistant City Attorney R: Ordinances and Resolutions Ordinance Drafts\2026-06-25'.Ord-light duty tow-SL.doc EXHIBIT "A" TOW AGREEMENT FOR LIGHT DUTY TOW TRUCKS THE STATE OF TEXAS § COUNTY OF HARRIS § This Tow Agreement for Light Duty Tow Trucks (the "Agreement') is made and entered into by and between the City of Baytown, Texas, a municipal corporation principally situated in Harris County (the "City"), and the Company identified below. WHEREAS, Chapter 102 of the Code of Ordinances, Baytown, Texas, authorizes the City of Baytown to enter into an agreement with a towing company pursuant to the Code of Ordinances, that holds a towing company license, and either holds or has employees who hold an incident management permit issued by the Texas Department of Licensing and Regulation, hereinafter the "Act," to perform "Non -consent Tows" within the meaning of §102-136 of the Code of Ordinances; and WHEREAS, the Company, identified below, holds a towing company license and either holds or has employees who hold an incident management towing permit issued by the Texas Department of Licensing and Regulation for the tow truck(s) identified below, true and correct copies of said permits are attached to and made a part of this Agreement as Exhibit "A"; and WHEREAS, the Company desires to perform light duty non -consent tows for the City; WHEREAS, the City desires to accept the bids of up to two tow truck companies, Baytown Wrecker Service, Inc. and Lindseys Automotive, LLC to provide light duty non -consent tows for the City on a rotational basis. Each of these companies agree to provide the light duty non -consent tows on a rotational basis and to enter into separate contracts with the City. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that in consideration of the premises and the covenants hereinafter set forth, the City of Baytown and the Company have mutually agreed as follows: I. Identity of Towing Company and Vehicles 1.01 The light duty tow truck(s) that may perform light duty non -consent tows under this Agreement is/are identified in Exhibit "B," by make, model, year and vehicle identification number and is hereinafter whether singular or plural referred to as the "tow truck." Evidence of the ownership of the tow truck is attached to and made a part of this Agreement as Exhibit "B." 1.02 The "Company" that owns or leases the tow truck is. (Lindseys Automotive LLC). The Company is: (Check one, as applicable) 203 The Company agrees as follows: a The Company shall perform light duty non -consent tows for a reasonable fee based upon time, labor and materials expended. A tow from the light duty rotation list is defined as picking up the vehicle or moving and towing the vehicle from the scene to the vehicle storage facility of the Company, which is located within the area described in §2.06, such location shall be specified in writing on the tow truck ticket form and signed by the vehicle owner/operator. There will be no additional charges to disengage one vehicle from another, as this will be considered part of a normal light duty tow when the vehicles are moved from the street. The standard charge for a tow initiated from the light duty tow rotation list as described hereinabove of a vehicle shall not exceed TWO HUNDRED AND NO/100 DOLLARS ($200.00). This charge shall apply day or night, holidays or Sundays. b. No charge may be assessed for moving a vehicle within a storage area. No charge may be assessed for moving a vehicle from the storage area to the street or public place located in front of the vehicle storage facility, when no access into the vehicle storage facility is granted, and all tow and storage fees have been paid. c. If the owner/operator of the vehicle being towed specifies at the scene of the accident that the vehicle is to be towed to a place of business within the city limits of Baytown which at that time is not open for business or has no one on duty to receive the towed vehicle or if the owner/operator of the vehicle being towed requires the vehicle to be moved or transferred and no location has been specified by them at the scene of the accident or within seven (7) calendar days from the date of the tow from the scene of the accident, there may be an additional charge not to exceed SIXTY-FIVE AND NO/100 DOLLARS ($65.00) for transferring the vehicle to the specified location within the city limits of Baytown. This charge shall apply or night, holidays or Sundays. d The maximum charge for any and all tows from the scene of an accident in the city limits of Baytown shall be TWO HUNDRED SIXTY-FIVE AND NO/100 DOLLARS ($265.00). e. Should the owner/operator of the vehicle being towed specify at the scene of the accident that the vehicle is to be towed to a location outside the city limits of Baytown, this designation along with the agreed upon price for the tow shall be in writing on the tow truck ticket form, signed by the owner/operator of the vehicle. If the Company tows the vehicle outside the city limits of Baytown without agreeing upon a fee, in writing, with the owner/operator prior to the tow, the Company may charge no more than the allowed in -city tow fee. If the owner/operator and the Company are unable to agree upon a fee for towing services outside the city limits of Baytown, the Company must tow the vehicle to the Company's designated vehicle storage facility within the city limits or to a location in the city limits designated by the owner/operator of the vehicle. £ The Company shall be responsible for each vehicle and its contents while in its care, custody and control. Non -consent Light duty Tow Agreement, Page 3 Securing tarps over non -operational or broken doors, windows, convertible tops, hatchbacks, sunroofs, trunks, or hoods. Any tarps used must be checked periodically; Conducting a written inventory of any unsecured property in the vehicle; and Removal and safe storage of all unsecured property in the vehicle. Obtaining a motor vehicle registration (MVR) information from the Texas Department of Transportation, or from an analogous state agency, is also justification for charging an impound fee. The written bill for services (VSF invoice) must say exactly what you did to charge the fee (inventory and securing all unsecured property or the MVR) and the date that you did it. 204 Company understands and agrees that any party believing that an overcharge has occurred for towing service provided pursuant to this Agreement may, on or before thirty (30) days from the date of such overcharge, notify the tow truck company of such overcharge. Such notice shall be in writing forwarded to the address of the tow truck company by registered or certified mail, return receipt requested. Such notice shall be deemed received five (5) days after the date of mailing. Within fifteen (15) days of receipt of such notice, said tow truck company shall refund the overcharge or deny the overcharge. Such denial shall be in writing specifying the justification for the charges contested. A copy of the denial and of the overcharge complaint shall be delivered to the City of Baytown through the Police Department and the complainant, by registered or certified mail, return receipt requested. Such overcharge claim and denial shall be referred to the Police Department's representative that handles such claims for determination. 205 No vehicle shall be towed hereunder except upon written authorization of a city official or as directed by the vehicle owner/operator in the form required under Article III of Chapter 102 of the Code of Ordinances, Baytown, Texas. 206 Company hereby warrants that it owns or contracts for use a vehicle storage facility within the corporate limits of the City of Baytown, Texas, which is licensed by state law as suitable for the protection of stored vehicles and fenced as required by city ordinance. 207 Company further understands and agrees that throughout the term of this Agreement, it shall not become indebted to the city for any delinquent taxes levied. 2.08 No charge may be assessed for impoundment other than those specifically prescribed by the Act and allowed by this contract. Administrative fees are prohibited. 2-09 The City of Baytown hereby designates the Company identified in § 1.02 above to perform "Non -consent Tows" with the tow truck identified in § 1.01 within the meaning of that term as defined in Article III of Chapter 102 of the Code of Ordinances, Baytown, Texas. It is expressly understood that this Agreement does not constitute any promise or obligation by the City to cause any vehicle to be towed by the Company. III. Term 3.01 The term of the Agreement shall commence upon the date of the signature by the City Manager and end on September 30, 202_, unless sooner terminated in accordance with §3.02, 3.03, Non -consent Light duty Tow Agreement, Page 5 regulation adopted thereunder. In the event that such a situation should arise, the Company shall discontinue operations hereunder and notify the City Clerk thereof in writing; the giving of such notice shall terminate this Agreement unless it is revived and amended by mutual written agreement of the City and the Company. V. Indemnity THE COMPANY AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS' FEES, FOR DAMAGE TO ANY PROPERTY, LOSS OF REVENUE, OR ANY OTHER INJURIES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PERFORMED BY THE COMPANY PURSUANT TO THIS AGREEMENT, THE CONDUCT OR MANAGEMENT OF THE COMPANY'S ACTIVITIES, OR FROM ANY ACT OR OMISSION BY THE COMPANY, ITS AGENTS, EMPLOYEES, OR SUBCONTRACTORS, WHERE SUCH DAMAGES, LOSSES OR INJURIES ARE CAUSED BY (I) THE JOINT NEGLIGENCE OF THE CITY AND ANY OTHER PERSON OR ENTITY OR (II) THE JOINT OR SOLE NEGLIGENCE OF THE COMPANY. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH THE COMPANY AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY THE COMPANY TO INDEMNIFY AND PROTECT THE CITY FROM (I) THE CONSEQUENCES OF THE CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE RESULTING INJURY, DEATH OR DAMAGE AND/OR (II) THE CONSEQUENCES OF THE COMPANY'S SOLE OR JOINT NEGLIGENCE. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO THE CITY FOR ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE INJURY, LOSS OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. In the event that any action or proceeding is brought against the City by reason of any matter from which the City is indemnified herein, the Company further agrees and covenants to defend the action or proceeding by legal counsel acceptable to the City. This article shall survive the expiration or termination of this Agreement. VI. Insurance 6.01 The Company shall procure and maintain at its sole cost and expense for the duration of the Agreement, insurance against claims for injuries to person or damages to property which may arise from or in connection with the performance of the services provided hereunder by the Company, its agents, representatives, volunteers, employees or subcontractors. 6.02 The Company's insurance coverage shall be primary insurance with respect to the City, its officials, employees and agents. Any insurance or self-insurance maintained by the City, its officials, employees or agents shall be considered in excess of the Company's insurance and shall not contribute to it. Further, the Company shall include all subcontractors, agents and assigns as Non -consent Light dutv Tow Aereement, Page 7 insurance coverages shall be furnished to the City. h. All insurance required herein shall be secured and maintained in a company or companies satisfactory to the City, and shall be carried in the name of the Company. The Company shall provide copies of insurance policies required hereunder to the City upon request. 6.05 The Company shall attach to this contract, as Exhibit D, a true correct copy of the Company's Certificate of Insurance that complies with this section. Exhibit D is incorporated by reference as if fully set forth herein. Further, the Company warrants and promises to maintain insurance to comply with this section throughout the term of this agreement. If the Company becomes uninsured for any reason, the Company shall notify the City within twenty-four (24) hours of the breach, and this breach will be reason for immediate termination of this agreement without the necessity of any notice provisions provided in this contract. VII. Notices 7.01 Any notice that is required or permitted to be given by the Cityto the Company hereunder may be mailed to the operator by certified U.S. Mail, return receipt requested, postage prepaid, addressed to: or may be given by personal delivery to the Company or any of its agents or employees at the following local address: 7.02 Any notice that is required or permitted to be given by the Company to the City hereunder may be mailed to the City by certified U.S. Mail, return receipt requested, postage prepaid, addressed to: City of Baytown Attention: Police Department P.O. Box 424 Baytown, Texas 77522 or may be given by personal delivery to: City of Baytown Attention: Non -consent Light duty Tow Agreement, Page 9 8.08 The Police Chief may issue rules and regulations governing the operation of tow trucks while performing tows. A copy of the rules and regulations shall be provided to each Agreement holder at its last known address. Compliance with the rules and regulations is a condition of this Agreement. 8.09 This instrument inclusive of the documents incorporated herein by reference or as exhibits hereto, constitutes the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed, and it may be amended only by instrument of equal dignity hereto executed by both parties. the Executed in duplicate counterparts, each having the force and effect of the original on this _day of 12026. CITY OF BAYTOWN Jason Reynolds, City Manager COMPANY (Print or type name) (Title) ATTEST Angela Jackson, City Clerk ATTEST (if a corporation) (Print or type name) (Title) VENDOR Lindseys Automotive, LLC (Signature) (Printed Name) (Title) Non -consent Light duty Tow Agreement, Page 11 RULES AND REGULATIONS GOVERNING TOW TRUCKS I. SPECIFICATIONS AND REQUIRED EQUIPMENT All tow trucks, light duty tow trucks, and emergency tow trucks shall be provided with the following minimum equipment which equipment shall be adequate for the purpose(s) for which it is designed and shall further be kept in usable condition at all times: a One fire extinguisher that is properly filled and located so that it is readily accessible for use. The fire extinguisher must be securely mounted on the vehicle. It must be designed, constructed, and maintained so as to permit visual determination of whether it is fully charged. The fire extinguisher must not have an extinguishing agent that gives off vapor more toxic than those produced by the substances shown as having a toxicity rating of 5 or 6 in the Underwriters Laboratories Classification of Comparative Life Hazard of Gases and Vapors. Such fire extinguisher must have an Underwriters Laboratory rating of #5 ABC or more. Each fire extinguisher required by this section must be labeled or marked with Underwriters Laboratories rating. h Three (3) flares or three (3) red electric lanterns or three (3) portable red emergency reflectors, each of which shall be capable of being seen and distinguished at a distance of not less than six hundred feet (600') under normal atmospheric conditions at nighttime. No flare, fuse, electric lantern, or warning flag shall be used for the purpose of compliance with the requirements of this section unless such equipment has been approved by the Texas Department of Public Safety. c. If a tow truck is equipped with a tow bar, it shall have a rubber covering which covering shall be one inch in thickness and cover the entire bridle. The tow bar is a part of the tow truck and is used to hold a vehicle which has been elevated for towing in a rigid position and to prevent swinging of such raised vehicle as it is being towed. When a vehicle is being towed, the bar shall be in place to prevent swinging. A pliable non -scuffing sling may be used in lieu of the above -described tow bars. d Broom, shovel, and sand box: All tow truck operators must clean up all debris and oil at the scene of an accident. The tow truck operator must carry all debris away. Every tow truck eligible to be summoned to an accident shall carry the above equipment at all times. e Tow trucks must be equipped with dolly wheels (light duty tow truck and rollbacks excluded). All tow trucks must be equipped with dual rear wheels and light duty tow trucks and rollbacks are required to have tandem rear dual wheels. £ Permit holders will have the name of holder (company name) permanently attached to both doors. This shall be in letters not less than four inches (4") in height. Each tow truck company will display the permit number on the upper center portion of the windshield or other location on the windshield as determined by the designated employee of the city garage. These numbers will be attached to a transparent sticker and furnished by the designated employee of the city garage. Non -consent Lieht dutv Tow Agreement. Paee 13 EXHIBIT "B" TOW AGREEM ENT FOR LIGHT DUTY TOW TRUCKS THE STATE OF TEXAS § COUNTY OF HARRIS § This Tow Agreement for Light Duty Tow Trucks (the "Agreement") is made and entered into by and between the City of Baytown, Texas, a municipal corporation principally situated in Harris County (the"City"), and the Company identified below. WHEREAS, Chapter 102 of the Code of Ordinances, Baytown, Texas, authorizes theCity of Baytown to enter i nto an agreement with a towi ng company pursuant to the Code of Ordinances, that holds a towing company license, and either holds or has employees who hold an incident management permit issued by the Texas Department of Licensing and Regulation, hereinafter the "Act," to perform "Non -consent Tows" within the meaning of §102-136 of the Code of Ordinances; and WHEREAS, the Company, identified below, holds a towing company I i dense and either holds or has employees who hold an i ncident management towing permit issued by the Texas Department of L i censi ng and Regul ation for the tow truck(s) i dent fi ed bell ow, true and correct copies of sad permits are attached to and made a part of this AgreenruA as Exhibit "A"; and WHEREAS, the Company desires to perform Iight duty non -consent tows for the City; WHEREAS, the City desires to accept the bids of up to two tow truck companies, Baytown Wrecker Service, Inc. and LindseysAutomotive, LLC to provide Iight duty non -consent tows for the CJty on a rotational basis. Each of these companies agree to provide the light duty non -consent tows on a rotati oral basis and to enter into separate contracts with the City. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that in consideration of the premi ses and the covenants herei natter set forth, the City of Baytown and the Company have mutualIy agreed asfolIows: I. Identity of Towing Company and Vehicles 1.01 The light duty tow truck(s) that may perform light duty non -consent tows under this Agreement is(areidentified in Exhibit "B," by make, model, year and vehicle i dentif ication number and is hereinafter whether singular or plural referred to as the "tow truck." Evidence of the ownershi p of the tow truck i s attached to and made a partof this Agreement as Exhibit "B." 1.02 The"Company" that owns or leases the tow truck is. (Baytown Wrecker Service I nc). The Company i s: ( Check one, as appl i cabl e) a () a proprietorshi p. b. [ ] a partnership. C. j J a limited partnership. d. [x a corporation or other entity. J Attached hereto as Exhibit "C" and made a part hereof for al I intents and purposes is a copy of [ 1 ] any assumed name certificate, [2] any partnership agreement disclosing the names of all general or limited partners at the ti me of this agreement if a partnershi p, or [3] a copy of the arti d es of incorporation and certificate from the corporate secretary setting forth the names of all persons owning ten percent (10%) or more of the outstanding stock at the time of this agreement if a corporation or other legal entity. 1.03 The state vehi de storage faci I ity number that the Company will use for vehi des towed pursuant to this Agreerrwt is: VSF# 0650337VSF L ocated at 5552 N M ai n, Baytown TEXA S 77521 1.04 A I I i nformati on i nd uded i n the appl i cat on and i n thi s Agreerent, wi I I be updated, wi thi n ten (10) days, each and every ti me there i s a change. II. Light Duty Tow Truck Operations 201 The Company represents that it i s farm I is with the provi si ons of Arti de I I I of Chapter 102 of the Code of Ordinances, Baytown, Texas, as amended, which provisions are hereby i ncorporated i r to and made a part of thi s Agreement by reference. The Company agrees to compl y with said provisions and the other terms and conditions of this Agreement in the operation of the tow truck(s). The Company also agrees that it and its officers, agents and empf oyees wi I I comply with all state and local Iaws, rules and regulations appiicable to the operation of the tow trudk(s). It is expressly understood and agreed that any amendments hereafter adopted by the City Council of the City of Baytown, Texas, to the aforesaid A t d e I I I of Chapter 102 of the Code of Ordi nances or other laws that are applicable will become part of this Agreement by reference upon their effective date. It shall be the obligation of the Company to take notice of such amendments by virtue of their adoption, and the City shall not be obl i gated to provide any personal noti ce of such amendments to the Company. M Company agrees to provide light duty towing service on atwenty-four hour per day basis, without prqudice to ability to pay by the owner or operator of the towed motor vehicle. The Company shal I be requi red to be open to the publ i c for release of motor vehi d es as requi red under the Texas Vehicle Storage Facility Act and regulations thereunder. A violation of this provision may result in ca ellation of the Agreement pursuant to the provisionsof thisAgreernent. Non -consent Light duty Tow Acrearent, ire 2 203 The Company agrees as follows; a The Company steal I perform I fight duty non -consent tows for a reasonabl a fee Lased upon time, labor and materials expended. A tow from the I i ght duty rotation list is defined aspidking up thevehideor moving and towing thevehide from the sceneto thevehicestorage facility of the Company, which is located within the area described in §2.06, such location shdI be specified in writing on the tow truck tide form and signed bythevehideowner/operator. Therewill benoadditional chargesto disengage one vehicle from another, as this will be considered part of a normal light duty tow when the vehicles are moved from the street. The standard charge for a tow initiated from the light duty tow rotation list as described hereinabove of a vehicle shall not exceed TWO HUNDRED AND NO/100 DOLLARS ($200.00). This diarge shall apply day or night, holidays or Sundays. b No charge may be assessed for movi ng a vehi d e wi thi n a storage area No charge may be assessed for moving a vehicle from the storage area to the street or public place I ocated i n f ront of the vehi d e storage faci I i ty, when no access i nto the vehi d e storage f ad I i ty i s granted, and al I tow and storage fees have been pai d. c I f the owner/operator of the vehi d e bei ng towed sped f i es at the scene of the acci dent that the vehi d e is to be towed to a pl ace of bus ness wi thi n the a ty I i mi is of Baytown whi ch at that ti me i s not open for bus ness or has no one on duty to recei ve thetowed vehi d e or if the owner/operator of the vehi d e bei ng towed requi res the vehi d e to be moved or transferred and no location has been specified by them at the scene of the acci dent or wi thi n seven (7) cal endar days from the date of the tow f rom the scene of the accident, there may be an additional charge not to exceed SIXTY-FIVE AND NO/100 DOLLARS ($65.00) for transferring the vehide to the specified location within the city limits of Baytown. This charge shalt apply or night, holidays or Sundays. d The maximum charge for any and all tows from the scene of an accident in the city limits of Baytown shall be TWO HUNDRED SIXTY-FIVE AND NO/100 DOLLARS ($265.00). e Should the owner/operator of the vehicle being towed specify at the scene of the acd dent that the vehi d e i s to be towed to a I ocati on outside the city l i rr� is of Baytown, this designation along with the agreed upon price for the tow shall be in writing on thetow truck ticket form, signed by the owner/operator of thevehide. If theCompWy tows the vehicle outside the city limits of Baytown without agreeing upon a fee, in writing, with the owner/operator prior to the tow, the Company may charge no more than the allowed in -city tow fee. If the owner/operator and the Company are unable to agree upon a fee for towing services outside the city lirrits of Baytown, the Company must tow the vehicle to the Company's designated vehicle storage facility with! n the city I i mits or to a I ocati on in the city I i mi is deli gnated by the owner/operator of the vehide. f. The Company shal I be responsi bl a for each vehi d e and i is contents whi I e i n i is are, custody and control. Non-consr-M Light duty Tow AgreM)eM, Page 3 g The Company understands and agrees that should it fail to respond when requested within the required time or is unable to perform the tow for any reason, the City may contact another towing company, to tow the subject vehicle. h A vehicle impounded for driving under the influence of alcohol or drugs shall be released without charge if the driver is later released without charges. The Company will not be requi red to release the vehicle without charge unless written confirmation from alaw enforcement agency is presented by: (i) the vehicledhver; (d) the vehicle owner; or (i i i) a representative of the vehicle owner. At such time, the Company wi 11 contact the Ci ty for rei mbursement of al I reasonabl a charges rel ati ng to the towi ng of the vehicle. If a di spute ari ses between the City and the Company, the Baytown City CoundI shall hear the dispute at its next regularly scheduled meeting. i. The Company shall not charge a vehicle storage fee of more than the maximum amount prescribed by the most current biennial adjustment, set by Texas Department of Licensing & Regulation JDLR). The current biennial adjustment (2023) has set the maci mum dai I y storage fee as fol I ows� $22.85 a day for vehi d as 25 feet i n I ength or I ess; and $39.99 a day for vehi desover 25 feet in length. (These rates are subject to change based on biennial adjustment). Such fee may be charged per day regardl ess of whether the vehi d e i s stored for twenty- four (24) hours of the day, except that a dai I y storage fee may not be charged for more than one day i f the vehi d e remai ns at the vehi d e storage fad I i ty I ess than twel ve (12) hours. A "day" shall begin at midnight and end at 11:59 p.m. The Company may charge a one-time vehicle storage fad I i ty (V SF) notification f eecf FIFTY AND N O/ 100 DOLLARS ($50.00) for sendi ng notification I etters to the owners and al I I i enhol ders on the vehi d e. Thi s fee covers A I noti ces. The Company shal I not charge a separate fee for each notification letter. If you notify by publication, and the cost of the publication is more than half the cost of the notification fee, you can charge the notification fee and the cost of publication. The notification fee is FIFTY AND NO/100 DOLLARS ($50.00), so half of that is TWENTY-FIVE and NO/100 DOLLARS ($25.00). If the cost of publication exceeds TWENTY-FIVE and NO/100 DOLLARS ($25.00), the Company may charge the cost of publication plus FIFTY AND NO/100 DOLLARS ($50.00) notification fee. Company shall provide receipts for the monies spent on the nctifi cati on letter, including publication fees The Cort-Pany shal I not charge any fees exoeedi ng the amounts al I owed by the Texas Department of Licensing and Regulation (TDLR). Per the 2023 biennial adjustment, the rrod mum amount that a V SF may charge for an impoundment fee is $22.85, If the V SF charges a fee for i r Wundment, the written bi I I for services must specify the exact services performed for that fee and the dates those servi ces were perf ormed. The i mpoundment of a vehi d e i nd udes: Nor-cooserd Lightdut T�owA9rear t, P�e4 Securing tarps over non -operational or broken doors, windows, convertible tops, hatchbacks, sunroofs, trunks, or hoods. Any tarps used must be checked periodically; Conducti ng a wri tten i nventory of any unsecured property i n the vehi d e; and Removal and safe storage of al I unsecured property i n the vehi ci e. Obtai ni ng a motor vehi d e regi strati on (M V R) i nformati on from the Texas Department of Transportati on, or from an anal ogous state agency, i s al so j usti f i cati on for chargi ng an impound fee. The wri tten bll l for services (VSF invoice) must say exactly what you di d to charge the fee (i nventory and securi ng al I unsecured property or the M V R) and the date that you did it. 204 Company understands and agrees that any party believing that an overcharge hasoccurred for towing service provided pursuant to this Agreement may, on or before thirty (30) days from the date of such overcharge, notify the tow truck company of such overcharge. Such notice shall be i n wri ti ng forwarded to the address of the tow truck company by regi stered or certi fi ed mai 1, return receipt requested. Such notice shall be deemed received five (5) days after the date of mai 1 i ng. Wi thi n fi fteen (15) days of recei pt of such noti ce, sad d tow truck company shad I ref and the overcharge or deny the overcharge. Such deni al shal I be i n writi ng speci fyi ng the j usti fi cati on for the charges contested. A copy of the denial and of the overcharge compi ai nt steal I be del i vered to the City of Baytown through the Police Department and the complainant, by registered or certified mai I , return receipt requested. Such overcharge d a m and denial shall be referred to the Police Department's representative that handles such claimsfor determination. 205 No vehi cl a shal I be towed hereunder except upon written authorization of a a ty official or as di rested by the vehicle owner/operator in the form required under Article III of Chapter 102 of the Code of Ordinances, Baytown, Texas. 203 Company hereby warrants that it owns or contracts for use a vehicle storage facility within the corporate limits of the City of Baytown, Texas, which is licensed by state law as suitable for the protecti on of stored vehi c es and fenced as requi red by ci ty ordi nance. 207 Company further understands and agrees that throughout the term of this Agreement, it shall not become indebted to the city for any delinquent taxes levied. 20B No charge may be assessed for impoundment other than those specifically prescribed by the Act and allowed by this contract. Administrative fees are prohibited. 209 The City of Baytown hereby designates the Company identified in §1,02 above to perform "Non -consent Tows' with the tow truck identified in §1.01 within the meaning of that term as defined in Article III of Chapter 102 of the Code of Ordinances, Baytown, Texas. It isexpressly understood that this Agreement does not constitute any promise or obligation by the City tocause any vehi d e to be towed by the Company. III. Term 3.01 The term of the Agreement shall commence upon the date of the signature by the City Manager. The contract will be for (2)two years with a (2)two additional (2) year periods, unless sooner tern nated i n accordancewith §3.02, 3.03, Non -consent Li ht dut Tow A reernent, Page 5 3.04, 3.05, 4.02, or 8.01. 3.02 The Company may termi nate thi s Agreement, without cause, upon thirty (30) days' written notice to the City of Baytown. 3.03 The City may terminate this Agreement, without cause, upon thirty (30) days' written noti ce to the Company. 3.04 Should the Company fail to timely or fully perform any obligation assumed under this Agreement, the Baytown City Council may suspend the Company for up to one year for arty of the following reasons including, but not limited to: a Violation of any of the laws of the state; federal or city government, commission of an offense as defined by Article III of Chapter 102 of the Code of Ordinances or violation of any of the terms or provi si ons of thi s A greernent by a tow truck company, its agent, employee or owner; Is Removal of a vehicle regulated by this Agreement to an unapproved vehicle storage fadIity or another Iocafion except upon the informed request of the owner/operator of such vehicle or if the vehicle owner/operator is not available, at the direction of the d ty offi ci al i n charge of the tow ng scene; c Fai I ure to arrive at the dispatched I ocati on within a reasonable time not to exceed forty- five (45) minutes after being dispatched by the Communi cations Department; d Fai I ure of a tow truck company to have its name permanentl y displayed on both doors of the tow truck identified in §1.01 herein. The name shall be deerly visible and be written in letters at least four (4) inches in height; e Faii I ure of the tow truck company, its owner and/or empl oyees to provi desati sfactory general servi ces or to conduct i tsei f i n a reasonabl a manner; or f. Overcharging for the listed tow or storage services. 3.05 In the event of the termination, suspension, or cancellation of the Company's tow truck registration pursuant to the Ad this Agreernent shall be terminated contemporaneously therewith and without notice. IV. State Regulation 4.01 To the extent of any di fference i n terms between any valid and applicable provision of the Act or any rule or regulation adopted thereunder from time to time by the Texas Department of Safety or other federal or state agencies and the terms and provi si ons of this Agreement, the more restrictive shall apply. However, no provision of this Agreement shall be construed to obligate the Company to viol ate the Act or any valid and appl i caul a rule or regulation adopted thereunder. 4.02 The Company and the City acknowledgethat they are not aware of any situation in which compl i ance wi th this Agreement will cause the Company to viol ate the A ct or any rule or Non&Qnserd light duty Tow Aareanan, P2ge 6 regulation adopted thereunder. In the event that such a situation should arise, the Company steal I discontinue operations hereunder and notify the City Clerk thereof in writing; the giving of such notice shall temr mate this Agreement unless it is revived and amended by mutual written agreement of the City and the Company. V. I ndemnity THE COMPANY AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, FOR DAMAGE TO ANY PROPERTY, LOSS OF REVENUE, OR ANY OTHER INJURIES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PERFORMED BY THE COMPANY PURSUANT TO THIS AGREEMENT, THE CONDUCT OR MANAGEMENT OF THE COMPANY'S ACTIVITIES, OR FROM ANY ACT OR OMISSION BY THE COMPANY, ITS AGENTS, EMPLOYEES, OR SUBCONTRACTORS, WHERE SUCH DAMAGES, LOSSES OR INJURIES ARE CAUSED BY (1) THE JOINT NEGLIGENCE OF THE CITY AND ANY OTHER PERSON OR ENTITY OR (II) THE JOINT OR SOLE NEGLIGENCE OF THE COMPANY. IT ISTHE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH THE COMPANY AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH ISINDEMNITY BY THE COMPANY TO INDEMNIFY AND PROTECT THE CITY FROM (1) THE CONSEQUENCES OF THE CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE ISA CONCURRING CAUSE OF THE RESULTING INJURY, DEATH OR DAMAGE AND/OR (11) THE CONSEQUENCES OF THE COMPANY'S SOL E OR JOI NT NEGLIGENCE. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO THE CITY FOR ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE INJURY, LOSS OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. In the event that any action or proceeding is brought against the City by reason of any matter from which the City is indemnified herein, the Company further agrees and covenants to defend the action or proceeding by legal counsel acceptable to the City. Thisartide shall survive the expi rati on or termination of this Agreement. VI. Insurance 601 The Company shall procure and maintain at its sole cost and expense for the duration of the AgreesTient, insurance against d ai ms for i nj ud es to person or dameges to property which may arise from or in connection with the performance of the services provided hereunder by the Company, its agents, representatives, volunteers, employeesor subcontractors. 6.02 The Company's insurance coverage steal I be primary i nsurance wi th respect to the Ci ty, its officials, employees and agents. Any insurance or self-insurance maintained by the City, its officials, employees or agents shall be considered in excess of the Company's insurance and shall not contribute to it. Further, the Company shall include ail subcontractors, agents and assigns as Non -consent Light duty Tow Agreemerrt, Page 7 additional insureds under its policy orshalI furnish separate oertificatesand endorsen)entsforeach such person or entity. All coverages for subcontractors and assigns shall be subject to all of the requirements stated herein. 603 Thefollowing isa list of standard insurance policies along with their respective nvnimum coverage amounts required in this Agreement: 5.04 a Business Automobile Liability Policy Limit: $500, 000 per vehicle per i ncident. All insurance policies or certificates of insurance must show the year, make and model; state license number and vehicle identification number of all tow trucks a.rthori zed by the City to operate. F All drivers of tow trucks shall be named insured on the Company's I i abi I i ty insurance policy. C Coverage for "Any Auto." b. Garagekeepers Direct Primary: Not more than 50 vehicles 51 to 99 vehides: 100 or more vehi des c. Cargo on Hook Coverage Light/Medium Trucks: Heavy Trucks: •�r $ 50,000 per vehicle. $100,000 per vehicle. The f of I ow, i ng shal I be appl i cabl a to al I pol i ci es of i nsurance requi red herei n. a I nsurance carri er must have an A.M M. Best Raii ng of B+: V I or better. b. Only i nsurance carriers licensed and adrnitted to do business in the State of Tex aswiII be accepted. c. L i abi I ity pol i a es must be on occurrence form. d. Each i nsurance pol i cy shal I be endorsed to state that coverage shai I not be suspended, voi ded, cancel ed or reduced i n coverage or i n I i rni is except after thi rty (30) days' pri or written notice by certified mail, return receipt requested, has been given to the City. e. The City, its officers, agents and employees are to be added asAdditionai Insuredsto ail I i abi I i ty pol i ci es, with the exception of the Errors and Omissions Policy required herei n. f. Upon request and wi thout cost to the Ci ty, certi f i ed oopi es of ai I i nsurance pol i d es and/or certi f i cater of i nsurance J-d l be f umi shed to the City. g. Upon request and without cost to the City, loss runs (daims listing) of any and/or all Nkxrcwsent_L ght duty., Taw A-qreanent, Page 8 insurance coverages shal I befurnished to the City. h. A I I insurance required herein shall be secured and maintained in a company or companies satisfactory to the City, and shall be carried in the name of the Corry. The Company shall provide copies of insurance policies required hereunder to the City upon request. W5 The Company shall attach to this oontrao#, as Exhibit D, a true correct copy of the Company's Certificate of Insurance that complies with this section. Exhibit D is incorporated by reference as if fully set forth herein. Further, the Company warrants and promises to maintain insurance to comply with this section throughout the term of this agreement. If the Company becomes uninsured for any reason, the Company shall notify the City within twenty-four (24) hours of the breach, and thi s breach wi I I be reason for i mmedi ate termi nati on of thi s agreement without the necessity of any notice provisions provided in this contract. VII. Notices 7.01 Any notice that is required or permitted to be given by the Cityto the Company hereunder may be mailed to the operator by certified U.S. Mail, return receipt requested, postage prepaid, addressed to: or may be gi ven by personal delivery to the Company or any of its agents or empl oyees at the following local address: 7.02 Any notice that is required or perrttitted to fie given by the Company to the City hereunder may be maiI ed to the City by certified U.S. M ai I , return receipt requested, postage prepaid, addressed to: City of Baytown Attention: Police Department P.O. Box 424 Baytown, Texas 77522 or may be given by personal del i very to: City of Baytown Attention: N_QWW_�atO.Ut t dtgy Tav_ A greWWd. Page 9 Poi ice Department 2401 Market Street Baytown, TX 77520 7.03 Notices mailed as above shall be deemed given on the third regular postal delivery day alter the date of their depos t in the U.S. M ai I . Notice delivered by personal delivery shall be deemed given upon their delivery. 7.04 Either party may change its address for notice upon written notice to the other party hereto. Vill. General 8.01 This Agreement shall terminate upon any attempted assignment, subcontract, I ease or other subletting of any obligation assumed. This Agreement shall also terminate upon any attempted sale of the tow truck or any interest therein (including, but not I i mi ted to, the conveyance of any partnership interest, if a partnership, or cumulative transfer of ten percent (10%) or more of the outstanding stock, if acorporation) . 802 This Agreement shall be construed in accordance with the laws of the State of Texas and the Charter and Ordinances of the City, 8.03 All obligations hereunder shall beperformed in the City of Baytown. 8.04 The Company agrees not to empl oy or allow any person to conti nue to be employed as an agent or employee upon or in any connection with the tow truck who has been either: a an operator of atow truck whose tow agreement with the City has been terminated for cause wi thin the five (5) year period precedi ng the effective date of this Agreement, or b, the agent or empl oyee of the operator descri bed i n subsecti on (a) who caused i n whol e or i n part a tow agreement with the City to be termi nated for cause wi thi n the preoedi ng five (5) year period. 8.05 Notwithstanding any other sections, it is expressly understood and agreed that a suspension or termination for cause under this Agreement shall apply equally to any and all other Tow Agreements held by the Company. A suspension or termination hereunder shall not affect the Company's right to utilizethetow truck for any other lawful purpose for which the Company still holds current and valid permits or licenses, as required by law. 8.06 It is expressly understood and agreed that i n ai l instances involving a vehicle towed upon authori ty of a a ty off a al, the Company or i is empl oyee or agent, must del i ver the vehi cl e to the pl ace des gnated on the si gned tow truck ti cket. 8.07 Company acknowledges and understands that the City shall not be obligated to pay any fees for the purpose of this Agreement. The only considerations Company shall receive are the fees it may collect from the storage facility accepting the vehicle for storage, or from the vehicle owner/operator. Non -consent Light duty Tow AgremvM, Page 10 8.08 The Police Chief may issue rules and regulations governing the operation of tow trucks while performing tows. A copy of the rules and regulations shall be provided to each Agreement holder at its last known addrem Compliance with the rules and regulations is a condition of this Agreement. U9 This instrument i nd us ve of the documents incorporated herein by reference or as exhibits hereto, constitutes the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed, and it may be amended only by instrument of equal dignity hereto executed by both parties, Executed in duel icate counterparts, each having the force and effect of the original on this the day of 2026. CITY OF BAYTOWN By: ,lesson Reynolds, City M arWer COM PA N Y By: (Print or type name) Non -consent Light duty Tow Agreemertt, Page 11 ATTEST Angel a Jx*son, City Clerk ATTEST (if a corporation) (Print or type name) (Title) VENDOR ytown Wr er Servi � gnat�r-zv --f'6 Name) � ��7 �, j (Title) THE STATE OF TEXAS § COUNTY OF HARRIS § r B �ORE E, �i r Z the under gned notary public, on this day sonal rl y appeared, ✓,vim, r� his/her capacity as rib r e c.����` on behal f of such partnershi p, propri etorshi p, I i mi ted partnershi p, company, or corporati on, (check of the fol I owi ng: ) Voy-known to me; proved to me on the oath of ; or proved to me through his/her current (description of i denti fi cafi on card or other docurTwt i ssued by federal government or any state government that contains the photograph and signature of the acknowledging person to be the person whose name is 5ubscri bed to the foregoing instrument, and acknowledged to me that hdshe executed that instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this theAday of e , 2026 MINA IENZ •I My (Votary tD # 135AW$ i, ti �•' Wms December 12.2021 Non-consart Li ht duty Taw A rea,ei , Page 12 ,r c p 1 WayRibli c�i ri a63 for the ate of Texas I. SPECI FI CATI ONS AND REQUI RED EQUI PM ENT All tow trucks, light duty tow trucks, and emergency tow trucks shall be provided with the following minimum equipment which equipment shall be adequate for the purpose(s) for which it is designed and shall further be kept in usable condition at all ti mes: a One fi re exti ngui sher that is properly filled and located so that it is readily access bl e for use. The fire extinguisher must be securely mounted on the vehicle. It must be designed, constructed, and maintained so as to permit visual determination of whether it is fully charged. The fire extinguisher must not have an extinguishing agent that gives off vapor more toxic than those produced by the substances shown as havi ng a toxicity rating of 5 or 6 in the Underwriters Laboratories Classification of Comparative Life Hazard of Gases; and Vapora Such fire extinguisher must have an Underwriters Laboratory rating of #5 ABC or more. Each fire extinguisher required by this section rrust be labeled or marked with Underwriters Laboratories rating. b Three (3) flares or three (3) red electric lanterns or three (3) portable red emergency reflectors, each of which shall be capabl a of being seen and di sti ngui shed at a di stance of not less than six hundred feet (600') under normal atmospheric conditions A ni ghtti me. No flare, fuse, electric lantern, or wami ng flag shall be used for the purpose of compliance with the requirements of this section unless such equipment has been approved by the Texas Department of Publ i c Safety. If a tow truck is equipped with a tow bar, it shall have a rubber covering which coveri ng shal I be one i nch i n thi dkness and cover the enti re bri dl e: The tow bar i s a pat of the tow truck and is used to hold a vehicle which has been elevated for towing i n a rigi d posi ti on and to prevent swi ngi ng of such rai sod vehid a as i t i s bei ng towed. When a vehi d e i s bei ng towed, the bar shall I be i n pi ace to prevent swi ngi ng. A pl i abl e non -scuff i ng sl i ng may be used i n I i eu of the above-descri bed tow bars. d Broom, shovel, and sandbox: All tow truck operators must cleanup all debris and oil at the scene of an accident. The tow truck operator must carryall debris away. Every tow truck eligible to be summoned to an accident shall carry the above equipment at al I times. e Tow trucks must be equipped with dolly wheels (light duty tow truck and rollbacks excluded). All tow trucks must be equipped with dual rear wheels and light duty tow trucks and rol I backs are requi red to have tandern rear dual wheels. Permit holders will have the name of holder (company name) permanently attached to both doors. This shall be in letters not I ess than four inches (4") in height. Each tow truck company will display the permit number on the upper center portion of the windshield or other I ocati on on the windshield as determined by the designated empl oyee of the a ty garage. These numbers wi I I be attached to a transparent sti dker and furnished by the designated employee of the city garage. Non con�t ]<igM �Y-Ta_vv Aor-�rne - Pie 13 II. DISPATCHING OF TOW TRUCKS: a Tow trucks wiI I not go within 500 feet of the scene of the dispatched tow within the city limits of Baytown unless dispatched by the City's Communication Center. The tow truck operator will take the vehicle to a vehicle storage facility within the city limiisof Baytown unless otherwise designated bytheownerofthevehideorthecity official. If the owner is incapacitated, thetow truck operator will move the vehicleto its vehicle storage fadlity within the city limits of Baytown and store safely until advised by the owner or his agent where repairs are to be made. This section does not apply to owner requested tows. 1. Stolen vehicles, vehicles with holds placed by a peace officer, and prisoner's vehicles will be taken to the towing company's vehicle storage facility unless directed by a police officer to take the vehicle to the Pol ice Pound located at 3200 North Main. Note: When a vehicle is brought to the Pbl i ce Pound, the towi ng company must have a City of Baytown Police Department tow truck ticket form filled out and must present the keys to the desk officer. b No tow truck will be all owed to load any vehi cle at the scene of dispatched I ocati on for tow within the City of Baytown if said tow truck arrives art the scene later than forty-five (45) minutes from the time dispatched. The tow truck that is late will be placed at the bottom of the rotation list, and the next tow truck on the top will be cal I ed. There shall I be an exoepti on to thi s secti on when, i n the opi ni on of the poi i ce duty supervisor, it appears that the condi ti ons woul d not allow corrpl i ance wi thi n the time I im taticns_ c No Company will be allowed to load a vehi cle at a scene onto a tow truck other than owner requested tow trucks and tow trucks listed in Exhibit B and dispatched to the scene. No shari ng of tow trucks wi I I be perm tted. III, TDLR BIENNIAL ADJUSTMENT: Duri ng the term of thi s agreement, i fiwhen TD L R makes an adj ustment to the fees covered by this agreement, it is the responsi bi I i ty of the Company to notify the Chief of Police or his designee of these changes, prior to applying the new fees. Additional fees, not covered by this agreement, wi I I not be d lowed under thi s agreement. FL\Vawa HlrxWalime Gontrart for LigM Tow A9vffT*M.04162026VLdoac Non -cacao Light duty Tow Areernern, Page 14