HomeMy WebLinkAboutRick's Two Way Towing LLC
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_ CITY OF AiTBURN
AGREEMEleTT FOR TOW CALI, RO'TA'I'ION LIST .
THIS AGREEMENT made and entered into on this 4 0 da.y of A Llf~~sf
20 /v , by and between the City of Auburn, a municipal corporation of the Sta.te of
Washington, hereinafter referred to as "City" and ~r'cK~S t-wa wsy?',.,,4ier~inafter referred to
as the "Contractor."
WITNESSETH:
WI-MREAS, the City is seeki.ng vehicles towing services opera.ting within Auburn for a
rota.tion list to be called when a police officer comes across the situation where a citizen's vehicle must be towed or moved; and
WI-EREAS, 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 agreea.ble to provide such services upon the terms and conditions herein contained; and
WHEREAS, as part of the consideration of being selected to pmvide such services, the
City is asking that the Contractor agree to provide towing services upon the terms and conditions
herein contained wfien summoned by the City's Police Department on behalf of or at the
direction of the owner or operator of a vehicle, or is such other circumstances tvhen vehicles
need to be moved in connection with a police response or accident; and
WHEREAS, as furkher 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; and
,
WHEREAS, tlie Contractor is a registered tow truck opera.tor (RTTO) per Chapter 46.55
of the Revised Code of Washington (RCV) and is willing and able to provide the services
described herein. -
NOW, TI-EREFORE, based on the mutual benefits provided herein, and consideration of
placement on the City of Auburn Police Tow Rotation List, the parties hereto agree as follows:
1. Time for Performance and Term of Aueement.
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-yeaz
periods upon the anniversary of the date of execution unless one parry provides the other
with written notice of its intent not to zenew at least thirty days prior to said anniversary
date.
Page l of 17
2. Administration of Agreement.
This Agreement shall be :administered by RAGJf- MP_ C1-irL -e , 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 {~o K a~r rl c~ s~ + , on behalf
' of the City.
3. Scope of Services:
The Contra.ctor agrees to perform in a good and -professional m_anner 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 sha11. perform the services as an independent contractor and shall not be ,
deemed, by viriue 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) sha11 be set forth in writing and sha11 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 seivices), 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 Agreenient as originally executed. ; T'he
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 ad.dendum shall control. In all other
respects, any addendum shall supplement and be construed in a.ccordance 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 Representa.tions. ,
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.
The Contractor shall charge and be compensated by the person(s), company(ies) or.
entity(ies) responsible for such charges at the rates specified on Exlubit "B" attached
hereto and ma.de a part hereof; as follows:
Page 2 of 17
a The City shall compensate the Contra.ctor at the rates specified on said Exhibit
, "B" for any. City vehicles towed "or stored upon request of authorized City
personnel. The Contractor shaU submit to the City an invoice or statement of time
spent on those tasks or serrvices set forth in Exhibit. "A" for which the Contractor
seeks payment. The City shaU process the 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.
b. Unless agreed to in writing prior to the tow of a velucle, the Ciiy sha11 not be responsible for towing, storage, or impound :fees for any vehicle not owned or
opera.ted by the City, including non-irripound vehicles towed or stored upon
request of the City's Police Department and impounded vehicles; provided, for
vehicles impounded for evidentiary purposes, the City shaU 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 fiom 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.
d. The requirements hereof are supplemental and in addition to any requirements
imposed on tow truck operators by federal, state and/or local la.w; including, but
not limited to the provisions of Chapter 46.55 of the Revised Code of Washington
( RCV), Towing and Impoundment.
9. Work Performed at Contractor's Risk.
The Contractor shall take all precautions necessary for, and shaU be responsible for, the
safety of its employees, agents, and subcontractors in the performance of the work .
hereunder and sha11 utilize all protection necessary for th.at purpose. All work shall be
done at the Contractor's own, risk, and the Contractor sha11 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. 5tolen Vehicle Check. Prior to towing any impounded or abandoned vehicles from its
existing location to the Contractor's Storage Lot; or any other destina.tion, the Contractor
shaU check the vehicle's identification numbers against the Washington.Sta.te
Crime Information Center ("W3CIC") and tlie National Crime Information Center
("NCIC") stolen car databases, regazdless of whether such.tow is undertaken pursuantto
this agreement or is undertaken for any other customer either within or outside of the City
of Auburn. Should the UIM of any such vehicle appear in either the WSCIC or. NCIC
database as stolen, the Contractor shall notify the Auburn Police Department and/or any
other law enforcement agency with jurisdiction over the vehicle's location or
responsibility over the impound prior to towing the vehicle.
Page 3 of 17
11. Records Inspection and Audit:
All compensation payments shaU be subject to the adjushnents 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 shaU be subject to
in `
spection 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. Continua.tion of Performance.
In tlie event that any dispute or conflict azises between the parties while tlus Contract is in
effect, the Contractor agrees thaf, notwithstanding such dispute or confliet, the Contractor
shaU continue to make a good faith effort to cooperate and continue work toward
successful completion of assigned duties and responsibilities.
13. Nofices.
All notices or communications permitted or required to be given under this Agreement shaU be in writing and shaU be served either in person or by certified mail, return receipt
requested, at the following addresses:
Citv of Auburn - - - Gontractor Aubum City Hall d~C~~ • S~,./v' li✓,4. y190 Wi y L CC_'.
25 West 1Vlain 3/ 3a- C-sfi N_lc ~ D
Aubum, WA 98001-4998 Auburn, WA _~,~z
(253) 931-3000 FAX (253) 931-3053 s~33a.~~ ~,4-... 3'9--?313
All such notices or communications sha11 be effective upon the date of receipt.
14. Insurance.
The Contractor sha11 procure and ma.intain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from ar in
connection with the performance of the work hereunder by the Contractor, its agents,
representatives, or employees.
a. Minimum Scope of Insurance. Contractor shaU obtain insurance of the
types described below:
(1) Automobile _ Liabilitv insurance covering a11 owned, non-owned,
liired, and leased vehicles. Coverage shall lie written on Insurance
Seivices 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) Conimercial General Liabilitv insurance shaU be written on ISQ
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
injtuy, and liability assumed; under an insured contract. The
Commercial General Liability insurance sha11 be endorsed to
Page 4 of 17
provide the Aggregate Per Project Endorsement ISO form CG 25
03 11 85. There sha11 be no endo=sement 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 urider the Contractor's
Gommercial General Liability insurance policy with respect to the
woik performed for the City using ISO Additional Insured
Endorsement CG 20 10 10 Ol and Additional Insured-Completed
Opera.tions endorsement CG 20 37 10 01 or substitute
endorsements providing equivalent coverage. (3) Workers' Compensation coverage as required by the Industrial '
Insurance laws of the Sta.te of Washington.
b. Minimum Amounfs of Insurance. Contractor shall maintain the following
insuxance limits:
(1) Automobile Liabilitv insurance with a minimum combined single
limit for bodily injury and properry damage of $1,000,000 per
occurrence, $2,000,000 aggregate.
(2) Commercial General Liabilitv insurance sha11 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 pri.mary 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 cancelledby either party except after thirry (30) da.ys'
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 ths.n: A:VTI.
e. Verification of Coverage. The Contractor sha11 furnish the City witti
documentation of insurer's A.M. Best rating and with original certificates
and a copy of amenda.tory endorsements, ineluding but not, necessarily
limited: to the additional insured endorsement, evidencing the insurance
requirements of the Consultant before commencement of the work.
Page5of17
f. Subcontractors. The Contra.ctor shall include all subcontractors as
insureds under its policies or shall furnish separate certificates and
endorsements for each subcontractors. All coverages for subcontractors
sha11 be subject to a11 of the same insurance requirements as stated herein ~
for the Contractor.
g. No Lixnita.tion. Contractor's: maintenance of incura„ce as requ.ired by the
agreement shall not be constnied to limit the liability of the Contractor to
the coverage provided by such insura„ce, or otherwise limit the City's
recourse to any remedy available at law or in equity.
15. Indemnification.
The Contractor sha11 indemnify defend and holct 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 wha.tsoeve% 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 performauce of this Agreement. If a final
judgment is rendered against the City, its officers, agents, employees andlor any of them,
or jointly against the City and the Contractor and their respective officers, agents and
employees, or any of them, the Contractor sha11 satisfy the same to the extent that such
judgnnent was due to the Contractor's negligent acts or omissions.
Should a court of competent jurisdiction determine tha.t 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 c.aused by or resulting from the concurrent negligence of
the Contra.ctor 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 expira.tion or
termination of this Agreement
16. Assionment.
Neither pazry 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 sha11 be deemed to release the assignor from
any lialiility or obligation under this Agreement, or to cause any such liability or
obliga.tion 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 inade in writing, signed by the party or
parties to be bound, or such party's or parties' duly authorized representative(s) and
specifyi.ng with particularity the nature and extent of such amendment, modification or
waiver. Any waiver by any party of any default of the other party sha11 not effect or '
Page 6 of 17
impair any right arising from any subsequent default. Nothing herein shaU limit the
remedies or rights of the parties hereto under and pursuant to this Agreement.
18. Termination and Suspension.
Either party may termina.te tlus 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 tlus Agreement upon not less than seven (7) days written notice
to the Contractor if the services provided for herein aze no longer needed from the
Contractor. The City may also terminate #liis. Agreement immediately if the Contractor
breaches this Agreement or fails to comply witli any of its terms or provisions.
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 ra.te 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 shaU inure to and bind, the parkies hereta and their respective successors and
assigns, provided that this section shaU 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 crea.te a contractual relationship with or exist
for the benefit of any third party, including contractors, sub-contractors and their sureties.
20. Costs to Prevailing ParW
In the event of litigation or other legal action to enforce any rights, responsibilities or
obligations under this Agreement, the prevailing parties shaU be entitled fo receive its reasonable costs and attorney's fees. 21. Annlicable Law.
This Agreement and the rights of the parties hereunder sha11 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 sta.tute of li.mitation shall commence no later
than the substantial completion by the Contra.ctor of the services.
22. Captions, Headinp-s and Titles.
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shaU 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 shaU include the _plural
and vice versa and masculine, feminine and neuter expressions shall be interchangeable.
Interpreta.tion 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. Severa.ble Provisions.
Page 7 of 17
Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason wha.tsoever, 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 priar agreements and understandings
between the pazties with respecf fo such subject matter.
25. Counterparts. ,
This Agreement ma.y be executed in multiple counterparts, each of which sha11 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 . CONTRACTOR
- - ~
'
~~~~s r~,,io 1~~ ~o 1
Peter B. Lewis,lVlayor By:
. ~
Attest:
Danielle E. Daskam City Clerk ,
Appro as to form:
Danie . 'ty Attorney
Page8of17
,
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
b. Vehicles otherwise ordered to be towed bythe City's Police Department. c. Vehicles requested to be towed by the City's Police Department on behalf of a vehicle's owner andJor operator; who has no~ tow company preference. The next
available contra.ctor will be selected from a towing rota,tion list of City-licensed
tow companies that have entered into a City of Auburn Agreement for Tow Call
Rotation List.
d. Any City vehicles requiring towing services upon request of authorized Gity
personnel.
2. The Contractor sha11 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 goveminentaY body with jurisdiction over activities of the
Contractor and Contractor's business(es); and
b. PromptJtimely payment of a1l.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 hucks of
adequa.te size and capacity, together with operating personnel, to respond to requests for
services within the times specified herein; including the following:
~ . ,
(i) ~ C1ass A and Cla"ss E Tow Trucks: By ownership; lease, purchase contract,
the Contractor shall have at least one (1) Class A tow truck and one (1)
Class E tow truck with drivers on call at all times.
(ii) Class "B" Tow Truck. -'By ownership, - lease , purchase contract, the
Contcactor sball at all times have available the use of a heavy-duty tow
truck as defined by WAC 204-91A-170 relating to Class "B" tow. trucks
as now enacted or hereafter amended, together with a driver: skilled and
licensed in its operation. (iii) Class."C" Tow Truck. By owaeiship, lease, purchase contra.ct, or
temporary use agreement; the Contractor sha11 at, all times have available
" the use of 'a heavy-duty tow truck as defined by WAG 204-91A-170
- Page 9 of 17.
relating to Class "C" tow. trucks as now enacted or hereafter amended,
together with a driver skilled and licensed in its operation.
b. Tow Trucks must be approved and certified by the Washington State Patrol as set
forth in WAC 204-91A-050 and170 and vehicles must reflect the appropriate signage per
WAC 308-61-115, and must comply with any other applicable law, statute, or rule as
now enacted or hereafter amended.
C. Telephone. The Contactor sha11 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 sha11 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. Two-Way Communication. The Contractor shall have two-way communication,
including the followirig:
- (i) Radio. The Contractor shall provide two-way radio
eommunications equipment and service in proper working order between
its dispatch facility and each tow truck used to impound vehicles pur5uant
to this Agreement, and/or
(ii) 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 tntck 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 (7) days per week, which sha11 be ca.pable of receiving City
requests for vehicle unpound, 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 am. to 5:00 p.m., excluding weekends and
holidays, the Contractor shall maintain an in-house dispatcher. Erom 5:00 p.m. to 8c00
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 stora.ge 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, including zoning regulations, and no more thau one-half mile walking
distance from a bus route.
c. Delivery. Except as otherwise directed by the City, or its authorized
representative, vehicles impounded pursuant to this Agreement shall be towed directly to
Page 10 of 17
the local storage iot. Privately-owned non-impound vehicles shall be towed to the
Tocation specified by the registered owner or other person responsible for the vehicle, or
to the nearest storage lot if no other location is specified.
d. Physical Conditions and- Security. The Contractor's storage lot will be kept
surfaced, graded, drained, lighted, in accordanee with City codes, and free of
obstacles and hazards at a11 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 ~ ordiriances, 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: The Contractor
shall also comply to tlie extent reasonably possible with other or specific requests
for security measures by the Police Department.
e. 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. -
f. 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 iraining for such persons.
b. Lieense and Insurance Required. Any person operating a tow truck on behalf of
the Contractor shall liaye a valid Washington Drivers License; shall have all
licenses'neeessary to operate a tow truck. in the Sta.te, of Washington, and shall be
insured according to the lerms 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 Ag=eement 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 `mariner while performing pursuant to this Agreement shall
be deemed a breach of tFiis Agreement
Page 11 of 17
6. Procedures. The Contractor sha11 institute the following procedures in performing the
Agreement: ~
a. Care and Slcill. 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 sha11 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) minufes of tlie time the Contractor receives the impound request. In the
event a Class C tow truck is necessary, a Class C tow truck sha11 arrive at the site
of the impound/tow within thirty (30) minutes of the request. The Coritractor
shall immediately report any delay in response time due to heavy traffic volurne
or otherwise.
c. Storage. All vehicles shall be haxidled 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 Lega1 Owners. When a vehicle is impounded; the Contractor will notify
the legal owriers pursuant to the requirements of RCW 46.55.110 and `a11 other:
applicable laws, sta.tutes, rules, regulations, or City ordinances as now enacted or
hereafter amended.
e. Contesting the impound of a vehicle. At the request.of the person redeeming the
vehicle, the contractor shall supply a completed RTTO .Impound Vehicle Request
Form (DLR-430-508)_ The Contractor sha11 make a representative available to
testify in court when necessary. .
This representative sha11 provide the King County District Court with a written,
itemized accountirig of tow and impound chazges conforming to the Agreemenf rates, together with a copy of all documents generated and:in the possession of the-.
Contractor relating to that tow. The contractor's representative willfurther testify
and affirm that-, A41-all documents provided to the court pursuant to this
Agreement sha11 be accompanied bv an affidavit ensurinia. that -Aad._the
information contained in such documents is true and correct, that the documents
were prepared in the regulaz course of business at or near the time of the impound.
or the accruing of other costs of the impound, and that they are: being provided by
the custodian of records of the Contractor. -
f. Release of vehicle. If a vehicle has been impounded because, tlie driver had a .
suspended license, the Contractor shall not release a vehicle prior; to the
termina.tion of any mandatory impound period absent an order from. the Auburn
Police Department, the King County District . Court, or, _ the Auburn City
Attomey's Office. Prior to releasing any vehicle, the Gontractor_sha11 verify that
Page 12 of 17
the person redeeming the vehicle has a valid Washington Driver's License. The
Contractor shall deliver possession of properly red'eemed 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 manner required by RCW 4655.090, WAC 204-
91A-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)-(rii). Tlie property/evidence officer must be
contacted before any.pr'operty 'is brought to the police station. . City . of Auburn
personnel will' not transport the property. Copies of the Velucle Inventoryand
Authorization/Impound forms must accompariy 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.
i. Removal of Junk Vehicle or Parts Thereof. Upon receipt of a"Junk Vehicle
Verification, Notif cation' and Affidavit" form or its equivalent from the Auburn
City Police Department, the Contra.ctor 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` sha11= prepare a receipt using uniform, sequendally
numbered fomis for every impounded 'vehicle which 1ea.ves Contractor's
possession. The Contractor shall deliver one (1) copy of the receipt to the person
to whom the vehicle is'delivered azid sha11 keep one (1) copy, filed in the order of
the receipt number. For the purposes hereof, the stored copy may be stored in
electroriic foimat. The receipt shall state: ' ,
. (1) The date and time of delivery to the cla.imant;
(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 owiier 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 unpound, storage, and extra charges
coll'ected by the Contractor, if redeemed by payment of charges; or
Page 13 of 17
(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 acknowTedging 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 a11 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 r.ecords 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:
Upon request by the Auburn Police Department or the Auburn City Attomey's ' -
Office, the Contractor shall provide information of vehicles impounded because
the driver had a suspended license, if that information is known by or' has been
provided to the Contractor, which shall include the name of the registered owners,
whether the v.ehicle 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 sha11 at no .
additional cost remove from the location of an impound ltow any broken glass or
other debris resulting from a collision involving the vehicle, before: towing the.
vehicle away. The Contractor sha11 dispose of all such debris in a lawful manner.
M. Complaints. The Contractor sha11 promptly and courteously respond to
. complaints. This sha11 include furnishing a complainant with conta.ct 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: Estalilish an account with the Washington State Depaertment 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 Wasliington; Report local sales fax as -code 1702 (Auburn/King);and -
c. Maintain a separate set of books and records that reflect a11 items of income and.expenses.of Contractor's business, a11 as described in RCW Section 51.08.195, as
required to show that the services performed by Contractor under this Agreement
Page 14 of 17
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 sha11 have the right to inspect the Gontra.ctor's facilities and
equipment to ensure that the provisions of this Agreemerit are followed. Inspections shall
oceur during normal business hours. The refusal of the Contractor to permit such
inspections shall be a breach of this Agreement and may result -ui immediate termination
. by the City.
. .
_ Page 15 of 17
EXHEBIT. B ,
.
COMPENSATION
Charges by the Contractor for towing, storage, and other services pursuant to this Agreement
shall not exceed t11e following amounts:
TRUCK RAT'ES: (Per Hour)
CLASS A,D&E $160.00 *Rotator $224.00
Class B $194.00 *Rotator $270.00
Class B** $261.00 *Rota.tor $364.00
(30,000 pounds (lbs.) Gross Vehicle Weight Rating (GVWR), or more, with air brakes) .
Class C $339.00 *Rotator $472.00
Class S1 $567.00 40+Ton Rota.tor
* 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 aze 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 velucle, and7or 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 ra.tes apply only if the vehicle
being towed has a GVWR between 26,000 lbs. and 33,000 lbs.
Class E& S ra.tes sha11 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 Opera.tor. (RTO) Employee/Driver
$80.00 (per hour). (Based on %z 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.
• Auxiliary Equipment: Charges based upon the actual cost of equipment (must liave
supporting receipt) plus 20 percent mazk-up.
Page 16 of 17
• Handling and Disposing. of Hazardous Materials: Charges based upon cost of
handling and disposing (must have supporting documentation) plus 20 percent mazk-
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 tlie material is used or not. This fee is included in the hourly ra.tes listed
above.
• Future Increases: The Seattle-Tacoma-Bremerton area Consumer. Price Index for a11
Urban Consumers (CPI-L) - Transportation expenditure category will be utilized for
future increases/decreases ui huck and storage rates. Said increases/decreases will be
to the nearest whole dollar and sha11 be made automatically on October 15 0f each
year, unles's 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
Transporta.tion from June of the current year: In accordance with RCW 46.55.063,
any changes to the contractor's fee schedule must be filed with the Department of
Licensing and must be in accordance with Auburn City Ordinance No. 6110,,
provided that such change sha11 not take effect until ten (10) day after notification to
the Chief of Police andthe City Of Auburn Clerks office.
~ Extra ' EquipmentlManpower: The registered or .legal owner of a vehicle, the
contractor and/or the " officer in charge of the scene, where it is clearly apparent that
additional manpower andlor auxiliary equipment is needed, must authorize extra
labor or equipmentas outlined in WAC 204-91A-140(d).
~ Application of , Rate Maximums: These rate maximums shall apply whether the
services are provided as a result of "prima.ry" (initial) or "secondary" tows as defined
in WAC 204-91A-030.
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 204-91A-140.
Page 17 of 17