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HomeMy WebLinkAbout3977 RESOLUTION NO.3 9 7 7 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 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. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 3977 January 27, 2006 Page 1 Section 3. This resolution shall be in full force and affect upon passage and signatures hereon. DATED and SIGNED this ((~day of Attest: ~ . \ (\) .:,J\ /J I0tli.lf C' ~ Da 'elle E. Daskam City Clerk Resolution No, 3977 January 27, 2006 Page 2 fn avcl,--, ...,.. ~ P ER B, LEWIS Mayor 2006. <- --.) -.-..---, ./ CITY OF AUBURN AGREEMENT FOR TOW SERVICES THIS AGREEMENT made and entered into on this day of , 2005, 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; 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 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 possible. NOW, THEREFORE, the parties hereto agree as follows: I. Time for Performance and Term of Agreement. 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 armiversary 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 armiversary date. 2. Administration of Agreement. This Agreement shall be administered by the Contractor, and by the Mayor or designee, on behalf of the City. , on behalf of 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 Page I of 14 deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint 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 perform such services. 7. 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. a. Within seven (7) days of execution of this Agreement, the Contractor shall submit to the City for its review and approval a proposed schedule of fees to be charged under this Agreement, including first hour charges, Until the City has approved such schedule, the City may choose to not request services from the Contractor under this Agreement. The Contractor may not charge any fees not set forth in the approved fee schedule, and any changes to the schedule shall be submitted to the City for its review and approval prior to such fees being charged by the Contractor, The City maintains the right to terminate or not renew this Agreement if it deems the fees set out in the fee schedule to be too high. b. 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 Page 2 of 14 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, subject to any conditions or provisions in this Agreement. c. 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 in Section Sa of this Agreement, and may take such other steps as 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. 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 Page 3 of 14 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: Citv of Auburn Auburn City Hall 25 West Main Auburn, WA 98001-4998 (253) 931-3000 FAX (253) 931-3053 Contractor 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: (I) Automobile Liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 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 01 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 Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured Endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. Page 4 of 14 (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: (I) Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. (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: (I) 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. 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. Page 5 of 14 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. Assignment. 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, provlSlon 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 waiver. Any waiver by any party of any default of the other party shall not effect or impair any right arising from any subscquent 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 (7) days written notice to the Contractor if the services provided for herein are no longer needed from the Contractor . Page 6 of 14 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 Section 8 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 Prevailing 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 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 Agreement, 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 subject 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. Page 7 of14 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 Page 8 of14 EXHIBIT A SERVICES & SCOPE OF WORK Scope of Services. I. 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- provided list 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. 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 204-9IA-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 204-9IA-170 relating to Class "C" tow trucks as now enacted or hereafter amended, together with a driver skilled and licensed in its operation c. Telephone, The Contactor shall have telephone equipment and service in proper working order at its dispatch office 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 office twenty-four (24) hours per day for sending and receiving facsimiles. Page 9 of 14 e. Radio. The Contractor shall provide two-way radio communications equipment and service in proper working order between its dispatch office 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 office 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 III performing the contract: a, Dispatch Office, The Contractor shall provide a staffed dispatch office twenty- four (24) hours per day seven (7) 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. Storage Lot. The Contractor shall, at all times, provide a local storage lot complying with all applicable laws, statutes, rules, and regulations that is within the Auburn City limits 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 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. PagelOofl4 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. 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 otherwise. 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 Page 11 of 14 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 verity 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 (30) 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 marmer required by RCW 46.55.090, WAC 204- 9IA-130, 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 204-91A-130(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 regulations. 1. 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. Page 12 of 14 J. Receipt. The Contractor shall prepare a receipt usmg uniform, sequentially numbered forms for every impounded vehicle which leaves Contractor's possession. The Contractor shall deliver one (I) copy of the receipt to the person to whom the vehicle is delivered and shall keep one (I) copy, filed in the order of the receipt number. The receipt shall state: (I) 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 (7) 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 marmer to assure easy access and reterence 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 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. I. 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 marmer. Page 13 of 14 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. 7. 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 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. Page 140f14