HomeMy WebLinkAboutITEM IV-AAGENDA BILL APPROVAL FORM
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Agenda Subject: Date:
Resolution No. 4598 May 6, 2010
Department: Attachments: Budget Impact: 0 Le al Resolution No. 4598
Administrative Recommendation:
City Council adopt Resolution No. 4598.
Background Summary:
Resolution No. 4598 authorizes the Mayor to negotiate agreements for tow services between the City and
various tow operators whose billing office and storage yard(s) are located within the city.
Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning
❑ Park Board ❑Public Works ❑ Legal ❑ Police
❑ Planning Comm. ❑ Other ❑Public Works ❑ Human Resources ❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing I l Referred to Until I l
Tabled Until I I
Councilmember: Peloza Staff: Heid
Meeting Date: Item Number:
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RESOLUTION NO. 4598
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF AUBURN
WITH VARIOUS TOW OPERATORS FOR TOW
SERVICES
WHEREAS, the City of Auburn is engaged in various municipal
functions, including tow services; and
WHEREAS, in order to provide for such services, it is appropriate that
the City enter into contracts with other agencies; and
WHEREAS, in order to provide for those services, the City has
negotiated a contract with various tow operators whose billing office and
storage yard(s) are located within to assist with such services, and with the City
determining that the tow operators are able to provide such services at a cost
that is acceptable to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to negotiate and execute Agreements between the City
of Auburn and various tow operators for tow services which agreements shall
be in substantial conformity with the Agreement a copy of which is attached
hereto, marked as Exhibit "A"and incorporated herein by this reference.
Resolution No.
April 30, 2010
Page 1
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and affect upon
passage and signatures hereon.
DATED and SIGNED this day of 2010.
CITY OF AUBURN
PETER B. LEWIS
Mayor
Attest:
Danielle E. Daskam
City Clerk
Approved as to Form:
Daniel B. Heid
City Attorney
Resolution No.
April 30, 2010
Page 2
CITY OF AUBURN
AGREEMENT FOR TOW SERVICES
THIS AGREEMENT made and entered into on this day of ,
20 , by and between the City of Auburn, a municipal corporation of the State of
Washington, hereinafter referred to as "City" and ,hereinafter referred to
as the "Contractor."
WITNESSETH:
WHEREAS, the City is seeking vehicles towing services operating within Auburn; and
WHEREAS, the City has selected the Contractor to perform such services pursuant to
certain terms and conditions; and
WHEREAS, the Contractor is qualified and able to provide such services and is willing
and agreeable to provide such services upon the terms and conditions herein contained; and
WHEREAS, as part of the consideration of being selected to provide such services, the
City is asking that the Contractor agree to provide towing services upon the terms and conditions
herein contained when summoned by the City's Police Department on behalf of the owner or
operator of a vehicle.
WHEREAS, as further part of the consideration of being selected to provide such
services, the City is asking that the Contractor agree to assist law enforcement in the City and in
the surrounding area by determining whether an abandoned or impounded vehicle is stolen prior
to towing that vehicle, so that law enforcement can be alerted to stolen vehicles as quickly as
posse e.
NOW, THEREFORE, the parties hereto agree as follows:
1. Time for Performance and Term of A reement.
The Term of this Agreement shall commence on the date hereof and run for a period of
one year; provided, this Agreement shall automatically renew for subsequent one-year
periods upon the anniversary of the date of execution unless one party provides the other
with written notice of its intent not to renew at least thirty days prior to said anniversary
date.
2. Administration of A reement.
This Agreement shall be administered by , on behalf of
the Contractor, and shall be administered out of the Contractor's billing office located within the City of Auburn, Washington, and by , on behalf
of the City.
Page 1 of 17
3. Scope of Services.
The Contractor agrees to perform in a good and professional manner the tasks described
on Exhibit "A" attached hereto and incorporated herein by this reference, which shall be
individually referred to as a "task," and collectively referred to as the "services." The
Contractor shall perform the services as an independent contractor and shall not be
deemed, by virtue of this Agreement and the performance thereof, to have entered into
any partnership, j Dint venture, employment or other relationship with the City.
4. Additional Services.
From time to time hereafter, the parties hereto may agree to the performance by the
Contractor of additional services with respect to related work or projects. Any such
agreement(s) shall be set forth in writing and shall be executed by the respective parties
prior to the Contractor's performance of the services there under, except as may be
provided to the contrary in Section 3 of this Agreement. Upon proper completion and
execution of an addendum (agreement for additional services), such addendum shall be
incorporated into this Agreement and shall have the same force and effect as if the terms
of such addendum were a part of this Agreement as originally executed. The
performance of services pursuant to an addendum shall be subject to the terms and
conditions of this Agreement except where the addendum provides to the contrary, in
which case the terms and conditions of any such addendum shall control. In all other
respects, any addendum shall supplement and be construed in accordance with the terms
and conditions of this Agreement.
5. This Contract Not Exclusive. The Contractor agrees that the City may at its sole option
enter contracts with one or more other tow companies for the services contemplated and
described in this Agreement.
6. Contractor's Representations.
The Contractor hereby represents and warrants that the Contractor has all necessary
licenses and certifications to perform the services provided for herein, and is qualified to
per orm suc services.
Acceptable Standards.
The Contractor shall be responsible to provide, in connection with the services
contemplated in this Agreement, Work Product and services of a quality and professional
standard acceptable to the City.
8. Compensation.
The Contractor shall be compensated at the rates specified on Exhibit "B" attached hereto
and made a part hereof, as follows:
a. The City shall compensate the Contractor for any City vehicles towed or stored
upon request of authorized City personnel. The Contractor shall submit to the
City an invoice or statement of time spent on those tasks or services set forth in
Exhibit "A" for which the Contractor seeks payment. The City shall process the
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invoice or statement in the next billing/claim cycle following receipt of the
invoice or statement, and shall remit payment to the Contractor thereafter in the
normal course, subj ect to any conditions or provisions in this Agreement.
b. Unless agreed to in writing prior to the tow of a vehicle, the City shall not be
responsible for towing, storage, or impound fees for any vehicle not owned or
operated by the City, including non-impound vehicles towed or stored upon
request of the City's Police Department and impounded vehicles; provided, for
vehicles impounded for evidentiary purposes, the City shall pay such towing,
storage, or impound fees that accrue from the time of impound until the City of
Auburn Police Department releases its hold on such vehicles; and further
provided, should a court of competent jurisdiction rule that an impound was
improper, the City shall compensate the Contractor for such towing, storage, or
impound in an amount found by said court.
c. For any tow, storage, or impound fee not paid by the City, the Contractor may
seek compensation from the owner of said vehicle at the rates specified on Exhibit
"B," and may take such other steps as may be authorized by law to obtain
compensation.
9. Work Performed at Contractor's Risk.
The Contractor shall take all precautions necessary for, and shall be responsible for, the
safety of its employees, agents, and subcontractors in the performance of the work
hereunder and shall utilize all protection necessary for that purpose. All work shall be
done at the Contractor's own risk, and the Contractor shall be responsible for any loss of
or damage to materials, tools, or other articles used or held for use in connection with the
work.
10. Stolen Vehicle Check. Prior to towing any impounded or abandoned vehicles from its
existing location to the Contractor's Storage Lot or any other destination, the Contractor
shall check the vehicle's identification numbers ("VIN") against the Washington State
Crime Information Center ("WSCIC") and the National Crime Information Center
("NCIC") stolen car databases, regardless of whether such tow is undertaken pursuant to
this agreement or is undertaken for any other customer either within or outside of the City
of Auburn. Should the VIN of any such vehicle appear in either the WSCIC or NCIC
database as stolen, the Contractor shall notify a law enforcement agency with jurisdiction
over the vehicle's location prior to towing the vehicle.
11. Records Inspection and Audit.
All compensation payments shall be subject to the adjustments for any amounts found
upon audit or otherwise to have been improperly invoiced, and all records and books of
accounts pertaining to any work performed under this Agreement shall be subject to
inspection and audit by the City for a period of up to three (3) years from the final
payment for work performed under this Agreement.
Page 3 of 17
12. Continuation of Performance.
In the event that any dispute or conflict arises between the parties while this Contract is in
effect, the Contractor agrees that, notwithstanding such dispute or conflict, the Contractor
shall continue to make a good faith effort to cooperate and continue work toward
successful completion of assigned duties and responsibilities.
13. Notices.
All notices or communications permitted or required to be given under this Agreement
shall be in writing and shall be served either in person or by certified mail, return receipt
requested, at the following addresses:
City of Auburn Contractor
Auburn City Hall
25 West Main
Auburn, WA 98001-4998 Auburn, WA
(253) 931-3000 FAX (253) 931-3053
All such notices or communications shall be effective upon the date of receipt.
14. Insurance.
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents,
representatives, or employees.
a. Minimum Scope of Insurance. Contractor shall obtain insurance of the
types described below:
(1) Automobile Liability insurance covering all owned, non-owned,
hired, and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 Ol or a substitute form
providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
(2) Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 Ol and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, stop gap liability, and personal injury and advertising
injury and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to
provide the Aggregate Per Project Endorsement ISO form CG 25
03 11 85. There shall be no endorsement or modification of the
Commercial General Liability insurance for liability arising from
explosion, collapse, or underground property damage. The City
shall be named as an additional insured under the Contractor's
Page 4 of 17
Commercial General Liability insurance policy with respect to the
work performed for the City using ISO Additional Insured
Endorsement CG 20 10 10 Ol and Additional Insured-Completed
Operations endorsement CG 20 37 10 Ol or substitute
endorsements providing equivalent coverage.
(3) Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
b. Minimum Amounts of Insurance. Contractor shall maintain the following
insurance limits:
(1) Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
acct ent.
(2) Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $2,000,000 products-completed operations
aggregate limit.
c. Other Insurance Provisions. The insurance policies are to contain, or be
endorsed to contain, the following provisions for Automobile Liability,
Professional Liability, and Commercial General Liability insurance:
(1) The Contractor's insurance coverage shall be primary insurance as
respects the City. Any insurance, self insurance, or insurance pool
coverage maintained by the city shall be in excess of the
Contractor's insurance and shall not contribute with it.
(2) The Contractor's insurance shall be endorsed to state that coverage
shall not be cancelled by either party except after thirty (30) days'
prior written notice by certified mail, return receipt requested, has
been given to the City.
d. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A:VII.
e. Verification of Coverage. The Contractor shall furnish the City with
documentation of insurer's A.M. Best rating and with original certificates
and a copy of amendatory endorsements, including but not necessarily
limited to the additional insured endorsement, evidencing the insurance
requirements of the Consultant before commencement of the work.
Page 5 of 17
f. Subcontractors. The Contractor shall include all subcontractors as
insureds under its policies or shall furnish separate certificates and
endorsements for each subcontractors. All coverages for subcontractors
shall be subject to all of the same insurance requirements as stated herein
for the Contractor.
g. No Limitation. Contractor's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Contractor to
the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
15. Indemnification.
The Contractor shall indemnify defend and hold harmless the City and its officers,
officials, agents and employees, or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of
or arising out of the act or omission of the Contractor, its officers, agents, employees, or
any of them relating to or arising out of the performance of this Agreement. If a final
judgment is rendered against the City, its officers, agents, employees and/or any of them,
or jointly against the City and the Contractor and their respective officers, agents and
employees, or any of them, the Contractor shall satisfy the same to the extent that such
judgment was due to the Contractor's negligent acts or omissions.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of
the Contractor and the city, its officers, officials, employees, and volunteers, the
Contractor's liability hereunder shall be only to the extent of the Contractor's negligence.
It is further specifically and expressly understood that the indemnification provided
herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title
51 RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
16. Assi
Neither party to this Agreement shall assign any right or obligation hereunder in whole or
in part, without the prior written consent of the other party hereto. No assignment or
transfer of any interest under this Agreement shall be deemed to release the assignor from
any liability or obligation under this Agreement, or to cause any such liability or
obligation to be reduced to a secondary liability or obligation.
17. Amendment, Modification or Waiver.
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the party or
parties to be bound, or such party's or parties' duly authorized representative(s) and
specifying with particularity the nature and extent of such amendment, modification or
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waiver. Any waiver by any party of any default of the other party shall not effect or
impair any right arising from any subsequent default. Nothing herein shall limit the
remedies or rights of the parties hereto under and pursuant to this Agreement.
18. Termination and Suspension.
Either party may terminate this Agreement upon written notice to the other party if the
other party fails substantially to perform in accordance with the terms of this Agreement
through no fault of the party terminating the Agreement.
The City may terminate this Agreement upon not less than seven days written notice
to the Contractor if the services provided for herein are no longer needed from the
Contractor.
If this Agreement is terminated through no fault of the Contractor, the Contractor shall be
compensated for services performed prior to termination in accordance with the rate of
compensation provided in Exhibit "B" hereof.
19. Parties in Interest.
This Agreement shall be binding upon, and the benefits and obligations provided for
herein shall inure to and bind, the parties hereto and their respective successors and
assigns, provided that this section shall not be deemed to permit any transfer or
assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive
benefit of the parties hereto and it does not create a contractual relationship with or exist
for the benefit of any third party, including contractors, sub-contractors and their sureties.
20. Costs to Prevailin.~ Party.
In the event of litigation or other legal action to enforce any rights, responsibilities or
obligations under this Agreement, the prevailing parties shall be entitled to receive its
reasonable costs and attorney's fees.
21. Applicable Law.
This Agreement and the rights of the parties hereunder shall be governed by and
interpreted in accordance with the laws of the State of Washington and venue for any
action hereunder shall be in King County, Washington; provided, however, that it is
agreed and understood that any applicable statute of limitation shall commence no later
than the substantial completion by the Contractor of the services.
22. Captions, Headings and Titles.
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement or act as a limitation of the scope of the particular paragraph or sections to
which they apply. As used herein, where appropriate, the singular shall include the plural
and vice versa and masculine, feminine and neuter expressions shall be interchangeable.
Interpretation or construction of this Agreement shall not be affected by any
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determination as to who is the drafter of this Agreement, this Agreement having been
drafted by mutual agreement of the parties.
23. Severable Provisions.
Each provision of this Agreement is intended to be severable. If any provision hereof is
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect
the validity of the remainder of this Agreement.
24. Entire A reement.
This Agreement contains the entire understanding of the parties hereto in respect to the
transactions contemplated hereby and supersedes all prior agreements and understandings
between the parties with respect to such subj ect matter.
25. Counterparts.
This Agreement may be executed in multiple counterparts, each of which shall be one
and the same Agreement and shall become effective when one or more counterparts have
been signed by each of the parties and delivered to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
CITY OF AUBURN CONTRACTOR
Peter B. Lewis, Mayor By:
Attest:
Danielle E. Daskam City Clerk
Approved as to form:
Daniel B. Heid, City Attorney
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EXHIBIT A
SERVICES & SCOPE OF WORK
Scope of Services.
1. The Contractor shall tow, store, protect, and release or otherwise dispose of:
a. Vehicles ordered impounded by the Police Department; or
b. Vehicles otherwise ordered to be towed by the City's Police Department; or
c. Vehicles requested to be towed by the City's Police Department on behalf of a
vehicle's owner and/or operator, who has selected the Contractor from an officer-
providedlist of City-licensed tow companies; or
d. Any City vehicles requiring towing services upon request of authorized City
personnel.
2. The Contractor shall provide such ancillary services as set forth herein, as directed by the
city, including, but not limited to the following:
a. Compliance with all applicable business and business licensing requirements of
the City, State or other governmental body with jurisdiction over activities of the
Contractor and Contractor's business(es); and
b. Prompt/timely payment of all assessments, costs, fees and taxes due in connection
with Contractor's business(es).
3. The Contractor shall have the following equipment on hand for use in performing the
contract:
a. Sufficient Vehicles. Contractor shall have a sufficient number of tow trucks of
adequate size and capacity, together with operating personnel, to respond to
requests for services within the times specified herein. The Contractor shall have
at least three (3) Class A tow trucks and drivers on call at all times. Tow Trucks
must be approved and certified by the Washington State Patrol as set forth in
WAC 204-91A-050 and any other applicable law, statute, or rule as now enacted
or hereafter amended.
b. Class "C" Tow Truck. By ownership, lease, purchase contract, or temporary use
agreement, the Contractor shall at all times have available the use of a heavy-duty
tow truck as defined by WAC 204-91 A-170 relating to Class "C" tow trucks as
now enacted or hereafter amended, together with a driver skilled and licensed in
its operation
Page 9 of 17
c. Telephone. The Contactor shall have telephone equipment and service in proper
working order at its dispatch facility twenty-four (24) hours per day for sending
and receiving calls.
d. Facsimile. The Contractor shall have facsimile equipment and service in proper
working order at its dispatch facility twenty-four (24) hours per day for sending
and receiving facsimiles.
e. Radio. The Contractor shall provide two-way radio communications equipment
and service in proper working order between its dispatch facility and each tow
truck used to impound vehicles pursuant to this Agreement.
f. Cellular Phone. The Contractor shall provide two-way cellular communication
equipment and service in proper working condition to its dispatch facility and to
each tow truck used to impound vehicles pursuant to this Agreement.
4. Facilities. The Contractor shall have the following facilities available for use in
performing the contract:
a. Dispatch Facility. The Contractor shall provide a staffed dispatch facility twenty-
four (24) hours per day seven days per week, which shall be capable of
receiving City requests for vehicle impound, towing, or redemption; verifying
vehicle impounds and vehicle impound information; and dispatching personnel
and equipment to the site of a requested impound or tow. From 8:00 a.m. to 5:00
p.m., excluding weekends and holidays, the Contractor shall maintain an in-house
dispatcher. From 5:00 p.m. to 8:00 a.m. the Contractor may utilize a hired
dispatch service.
b. Offices and Storage Lot. The Contractor shall, at all times, maintain its billing
offices and a storage lot within the corporate limits of the City of auburn, and
shall provide its local storage lot complying with all applicable laws, statutes,
rules, and regulations and no more than one-half mile walking distance from a bus
route. Except as otherwise directed by the City, or its authorized representative,
vehicles impounded pursuant to this Agreement shall be towed directly to the
local storage lot. Privately-owned non-impound vehicles shall be towed to the
location specified by the registered owner or other person responsible for the
vehicle, or to the nearest storage lot if no other location is specified.
c. Physical Conditions and Security. The Contractor's storage lot will be kept
surfaced, graded, drained, lighted, and free of obstacles and hazards at all times,
so that persons redeeming vehicles have safe and convenient access to the
vehicles. The Contractor shall provide adequate security at its storage lot to
prevent loss or damage to vehicles or their contents. All such lots shall be
screened and fenced in accordance with state law and city ordinances, gates shall
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be securely locked at all times when an attendant is not on duty on the premises,
and all vehicles shall be locked, if possible.
d. Sheltered Space. The Contractor shall provide adequate shelter at its storage lot
for motorcycles, open convertibles, or other vehicles open and exposed to the
elements, and will store such vehicles under the shelter when reasonable or
necessary to protect such vehicles.
e Approval Required. The storage lot will be subject to the initial and continuing
approval of the Chief of Police or designee, with respect to meeting the
requirements of this Agreement.
5. Personnel. The qualifications for the Contractor's personnel employed in performing this
Agreement shall be as follows:
a. Skill and Supervision. The Contractor shall employ only persons competent and
skilled in the performance of the work assigned to them and shall provide skilled,
responsible supervisions and training for such persons.
b. License and Insurance Required. Any person operating a tow truck on behalf of
the Contractor shall have a valid Washington Drivers License, shall have all
licenses necessary to operate a tow truck in the State of Washington, and shall be
insured according to the terms of this Agreement and legal requirements
applicable to the industry.
c. Courtesy. The Contractor and its agents and employees shall be courteous at all
times when performing work under this Agreement. The use of abusive, indecent,
offensive, coarse or insulting behavior or language during the performance of this
Agreement shall be deemed a violation of this Agreement.
d. Appearance. During the performance of this Agreement, the Contractor's
personnel shall maintain a professional, personal appearance, shall be dressed in
clothing approved by the Contractor, and shall be free of excessive dirt, grease,
and grime. The failure of tow truck operators to present themselves in a neat,
clean and professional manner while performing pursuant to this Agreement shall
be deemed a breach of this Agreement.
6. Procedures. The Contractor shall institute the following procedures in performing the
Agreement:
a. Care and Skill. The Contractor shall use reasonable care and skill in towing
and/or impounding vehicles and will not damage them through lack of reasonable
care.
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b. Response Time. The Contractor shall dispatch a tow truck to the location
specified by the City immediately upon receiving a request for impound/tow. A
tow truck of the proper class shall arrive at the site of impound/tow within twenty
(20) minutes of the time the Contractor receives the impound request. In the
event a Class C tow truck is necessary, a Class C tow truck shall arrive at the site
of the impound/tow within thirty (30) minutes of the request. The Contractor
shall immediately report any delay in response time due to heavy traffic volume
or of erwise.
c. Storage. All vehicles shall be handled and returned in substantiality the same
condition as they existed before being towed. The Contractor will not store any
towed and/or impounded vehicle on public streets, public property, or any place
other than an approved storage lot.
d. Notice to Legal Owners. When a vehicle is impounded, the Contractor will notify
the legal owners pursuant to the requirements of RCW 46.55.110 and all other
applicable laws, statutes, rules, regulations, or City ordinances as now enacted or
hereafter amended.
e. Written Itemized Account of Impound to be Delivered to the Court. Within
twenty-four (24) hours of receiving written or verbal notice that a person is
contesting the impound of a vehicle, or the next business day, whichever occurs
first, the Contractor shall provide the King County District Court with a written
itemized accounting of tow and impound charges conforming to the Agreement
rates, together with a copy of all documents generated and in the possession of the
Contractor relating to that tow. All documents provided to the court pursuant to
this Agreement shall be accompanied by an affidavit ensuring that the information
contained in such documents is true and correct that the documents were prepared
in the regular course of business at or near the time of the impound or the
accruing other costs of the impound, and that they are being provided by the
custodian of records of the Contractor. The Contractor shall make a
representative available for testifying in court when necessary.
f. Release of vehicle. If a vehicle has been impounded because the driver had a
suspended license, the Contractor shall not release a vehicle prior to the
termination of any mandatory impound period absent an order from the Auburn
Police Department, the King County District Court, or the Auburn city
Attorney's Office. Prior to releasing any vehicle, the Contractor shall verify that
the person redeeming the vehicle has a valid Washington Driver's License. The
Contractor shall deliver possession of properly redeemed vehicle not more than
thirty (3 0) minutes after payment of the impound fee set forth in this Agreement
or required by law.
g. Personal Property. The personal property and contents of towed or impounded
vehicles shall be handled in the manner required by RCW 46.55.090, WAC 204-
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91 A-13 0, and any other applicable law, statute, rule, or regulation, as now enacted
or hereafter amended. The City of Auburn will not accept personal property set
forth in WAC 204-91 A-13 0(1)(a)-(m). The property/evidence officer must be
contacted before any property is brought to the police station. City of Auburn
personnel will not transport the property. Copies of the Vehicle Inventory and
Authorization/Impound forms must accompany the property when submitted by
Contractor to the property officer.
h. Abandoned Vehicles. The Contractor shall dispose of abandoned vehicles in the
possession of the Contractor pursuant to all applicable laws, statutes, rules and
regu ations.
i. Removal of Junk Vehicle or Parts Thereof. Upon receipt of a "Junk Vehicle
Verification, Notification and Affidavit" form or its equivalent from the Auburn
City Police Department, the Contractor shall remove the designated junk vehicles
or parts thereof to a disposal site. Costs of such removal shall he recovered by the
Contractor in accordance with RCW 46.55.130 as now enacted or hereafter
amended.
j . Receipt. The Contractor shall prepare a receipt using uniform, sequentially
numbered forms for every impounded vehicle which leaves Contractor's
possession. The Contractor shall deliver one (1) copy of the receipt to the person
to whom the vehicle is delivered and shall keep one (1) copy, filed in the order of
the receipt number. The receipt shall state:
(1) The date and time of delivery to the claimant;
(2) The name, address, and Washington State (or other State) driver's license
number of the person to whom it is delivered;
(3) The name and address of the employer or principal of such person, if such
person is the agent for the registered owner or purchaser of the vehicle;
(4) The name and address of the vehicle's registered owner at the time of
impound, if known;
(5) Either:
(a) an itemized statement of the impound, storage, and extra charges
collected by the Contractor, if redeemed by payment of charges; or
(b) a complete statement of moneys or other consideration paid for the
vehicle if sold;
(6) The signature of the person to whom it is delivered acknowledging such
delivery and payment, if any; and
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The signature of the Contractor's employee making such delivery and
receiving such payment, if any.
k. Records. The Contractor shall keep all records pertaining to vehicles impounded
pursuant to this Agreement for at least three (3) years following the expiration or
termination of the Agreement. The Contractor shall keep the records in an orderly
manner to assure easy access and reference to the records and shall make all
records available for inspection and copying by the City at all times between 8:00
a.m. and 5:00 p.m. Monday through Friday, and at all other times when
employees having charge of the records are present at Contractor's billing office.
The Contractor shall provide the Auburn Police Department and the Auburn City
Attorney's Office with a quarterly list of the vehicles impounded because the
driver had a suspended license, which shall include the name of the registered
owners, whether the vehicle was redeemed by the owner or by another person,
and the disposition of the vehicle if not redeemed.
1. Removal of Debris. Unless otherwise directed, the Contractor shall at no
additional cost remove from the location of an impound/tow any broken glass or
other debris resulting from a collision involving the vehicle, before towing the
vehicle away. The Contractor shall dispose of all such debris in a lawful manner.
m. Complaints. The Contractor shall promptly and courteously respond to
complaints. This shall include furnishing a complainant with contact information
for the Contractor's insurance company and its claims agent if requested.
Contractor to Maintain Records to Support Independent Contractor Status. On the
effective date of this Agreement (or shortly thereafter), the Contractor shall:
a. File a schedule of expenses with the Internal Revenue Service for the type of
business the Contractor conducts;
b. Establish an account with the Washington State Deportment of Revenue and other
necessary state agencies for the payment of all state taxes normally paid by
employers, register to receive a unified business identifier number from the State
of Washington; and
c. Maintain a separate set of books and records that reflect all items of income and
expenses of Contractor's business, all as described in RCW Section 51.08.195, as
required to show that the services performed by Contractor under this Agreement
do not give rise to an employer-employee relationship which would be subject to
RCW Title 51, Industrial Insurance.
8. Right to Inspect. The City shall have the right to inspect the Contractor's facilities and
equipment to ensure that the provisions of this Agreement are followed. Inspections shall
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occur during normal business hours. The refusal of the Contractor to permit such
inspections shall be a breach of this Agreement and may result in immediate termination
by the city.
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EXHIBIT B
COMPENSATION
Charges by the Contractor for towing, storage, and other services pursuant to this Agreement
shall not exceed the following amounts:
TRUCK RATES : (Per Hour)
CLASS A & D $160.00 Rotator $224.00
Class B $194.00 Rotator $270.00
Class B~~ $261.00 Rotator $364.00
(30,000 pounds (lbs.) Gross Vehicle Weight Rating (GVWR), or more, with air brakes)
Class C $339.00 Rotator $472.00
Class S 1 $567.00 40+Ton Rotator
~ The term "rotator" applies to any approved vehicle that has a rotating boom. The
cost of using a rotator, other than the S 1 will be its class rate plus 40 percent. Rotator
rates shall only apply if:
- The services are specifically requested by the legal or registered owner of the
vehicle, or the officer in charge of the scene at the time of dispatch.
- After being dispatched to the scene, the tow operator, legal or registered owner of
the vehicle, and/or the officer in charge of the scene agree to the cost and benefits
of the use of the rotator and the rotator is actually used in the recovery.
The 30,000 lbs. GVWR or more with air brakes rates apply only if the vehicle
being towed has a GVWR between 26,000 lbs. and 33,000 lbs.
Class E & S rates shall have a maximum rate appropriate for its GVWR and be consistent
with the above schedule. For example, if an "E" or "S" truck has a GVWR of 17,000 lbs.
or more, Class "B" rates will apply if hauling Class "B" loads. Class "A" rates apply if
hauling Class "A" loads.
• Storage Rate: $41.00 per day
• Storage: Storage rates shall follow the guidelines set forth in WAC 204-91A-140.
• Hourly Labor: Extra Registered Tow Truck Operator (RTO) Employee/Driver
$80.00 (per hour). (Based on 1/2 the current Class A Truck Rate; must have supporting documentation showing continuous employment.)
• Casual Labor: Charges based on cost (must have supporting documentation) plus 25
percent mark-up.
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• Auxiliary Equipment: Charges based upon the actual cost of equipment (must have
supporting receipt) plus 20 percent mark-up.
• Handling and Disposing of Hazardous Materials: Charges based upon cost of
handling and disposing (must have supporting documentation) plus 20 percent mark-
up.
• Fee for Absorbent Materials: Tow operators will receive an additional $5.00 per hour
fee for carrying and use of absorbent material for fluid spills. This fee will be granted
whether the material is used or not. This fee is included in the hourly rates listed
above.
• Future Increases: The Seattle-Tacoma-Bremerton area Consumer Price Index for all
Urban Consumers (CPI-U) -Transportation expenditure category will be utilized for
future increases/decreases in truck and storage rates. Said increases/decreases will be
to the nearest whole dollar and shall be made automatically on October 15 of each
year, unless either party demands to meet and confer about price increases/decreases.
The annual review and increase/decrease will be based on the unadjusted CPI-U
Transportation from June of the current year.
• Extra Equipment/Manpower: Only the registered or legal owner of a vehicle or the
officer in charge of the scene, where it is clearly apparent that additional manpower
and/or auxiliary equipment is needed, can authorize extra labor or equipment as
outlined in WAC 204-91A140(d).
• Application of Rate Maximums: These rate maximums shall apply whether the
services are provided as a result of "primary" (initial) or "secondary" tows as defined
in WAC 204-91 A-03 0.
Notwithstanding the provisions of Section 17 of this Agreement, the City may, by
unilateral action, prepare and adopt an addendum revising these rates at any time to
reflect the maximum rates for such services established by the Chief of the State Patrol
pursuant to Washington Administrative Code Section 204-91 A-140.
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