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HomeMy WebLinkAboutNoffke's Towing Tow Call Agreement CITY OF AUBURN AGREEMENT FOR TOW CALL ROTATION LIST THIS AGREEMENT made and entered into on this ayday of Seg, , 20 10 , by and between the City. of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City" and Aa4oj%~s -%,a,-j~~ , hereinafter referred to as the "Contractor." WITNESSETH: WHEREAS, the City is seeking vehicles towing services operating within Auburn for a rotation Iist to be called when a police officer comes across the situa.tion where a citizen's vehicle must be towed or moved; 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 Dep'artment on behalf of or at the direction of the owner or operator :of a vehicle, or is such other circumstances when vehicles need to be moved in connection with a police response or accident; and 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 possible; and WHEREAS, the Contractor is a registered tow truck operator (RTTO) per Chapter 46.55 of the Revised Code of Washington (RCV) and is willing and able to provide the services described herein. - NOW, THEREFORE, based on the mutual benef ts provided herein, and consideration of placement on the City of Auburn Police Tow Rotation List, the parties hereto a.gree as follows: 1. Time for Performance and, Term of Ap-reement. The Term of this Agreement sha11 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. _ PaaP 1 nf 17 2. Administration of Agreement. This AgTeement shall be administered by on behalfof the Contractor, and shall be administered out of the Contractor's billing office located witliin the City of Auburn, Washington, and by ' , on behalf of the City. ~h K~ n o s;, 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"ta.sk," and collectively referred to as the "services." . The Contractor shall perform the services as an independent contractor and sha11 not be deemed, by virtue of this Agreement and the perfonnance thereof, to ha.ve 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 proj ects. Any such - agreement(s) shall be set forth in writing and sha:ll 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 sha11 ha.ve 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 shali- 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 sha11 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 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 accepta.ble to tlie City. 8. Compensation. The Contractor shall charge a.nd be compensated by, the person(s), company(ies) or entity(ies) responsible for such charges at the rates specified on Exhibit "B" atta.ched heret6 and ma.de a part hereof, as follows: ' Pa aP ? nf 17 a. The City sha11 compensate the Contractor at the ra.tes specified on said Exhibit "B" for any City vehicles towed or stored upon request of autliorized City, personnel. The Contractor slia11 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 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 sha11 not be responsible for towing, storage; or impound fees for any ; vehicle not owned or . operated by the City, including non-impourid vehicles towed or stored upon request . of the City's Police Department_ and impounded vehicles; provided, for . vehicles impounded for eyidentiary purposes; the City sha11 pay such towing, stora.ge, or- impound fees that accrue from the time of impound until the City of Auburn Police Department releases its hold on such yehicles; and fiurther provided, should a court of competent jurisd.iction rule that an impound was improper, ; the City sfiall 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. : d. The requirements hereof are supplemental and in a.ddition to any requirements imposed on tow truck opera.tors by federal; state andlor local law, including, but not limited to the provisions of Cha.pter 46.55 of the Revised Code of Washington ( RCV), Towing and Impoundment. 9. Work Performed at Contractor's Risk. The Contractor, sha11 take a11 precautions necessary for, and sha11 be responsible for, the safety of its employees, agents, and subcontractors in the performance of the work hereunder and sha11 utilize a1l.protection necessary for. that purpose: All work sha11 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 witll the work. 10. Stolen Vehicle Check. Prior to towing any -impounded orabandoned vehicles from its existing location to the Contractor's Storage Lot or any other destination, the Contractor sha11 check the vehicle's identification numbers ("VIlN") 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 appeaz in either: the WSCIC or NCIC. , da.ta.base as stolen, the Contractor sha11 notify the Auburn Police Departrnent andlor 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 shall be subject to tlie 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 eyent 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 sha11 be served either in person or by certified mail, return receipt requested, at the following addresses: City of Auburn Contractor Auburn City Hall ~~~rt=~~` s ~as~'►v~ ~c%oilti 25 'West Main y3c~ ,b &L Auburn, WA 980014998 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 mainta.in 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 Liabilitv insurance covering all owned, non-owned, hired, arid leased vehicles. Coverage sha11 be written on Insurance Services Off ce (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) Conunercial General Liabilitv insurance shall be written ori ISO occurrence form CG 00 0 1 and shall cover liability, arising from premises, operations,. independent contractors, products-completed operations, stop gap liability, and personal injury and a.dvertising injury and liability assumed under an~ insured: contract. The Commercial General Liability insurance shall `be endorsed to Pa aP 4 nf 17 , provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There sha11 be no endorsement or modification of tlie Cominercial - General Liability insurance for liability arising from explosion, collapse, or underground property damage. The City sha11 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 0.1 and Additional Insured-Completed : Uperations endorsement CG 20 37 10 01 or substitute endorsements providi.ng equivalent coverage. (3) Workers' Compensation coverage as required by the Industrial Insurance laws of the Sta.te of Washington. b. Minimum Amounts of Insurance. Contra.ctor shall mainta.i.n the following insurance limits: (1) Automobile Liabilitv insurance with a mini.mum combined single limit for bodily injury and properly 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 opera.tions . 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 Conunercial General Liability insurance: (1) The Contractor's insurance coverage shall be pri.mary i.nsurance as respects the City. Any insurance, self-insurance, or insurance pool ~ covera.ge maintained by tile City sha11 be in excess of the Contractor's insurance and sha11 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. InsuTance 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 sha11 furnish the City with . documenta.tion of insurer's A.M. Best ra.ting 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 a11 subcontractors as insureds under, its policies or shall furnish separa.te 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 Limita.tion. Contractor's maintenance of insurance as required by the agreement . shall not be construed to li.mit the liability of the. Contra.ctor 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 sha11 indemnify defend and hold harmless the City and its officers, officials, agents and employees, or any of them from any and a11 claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of the act or onussion of tlie eontractor, 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 Contra.ctor sha11 satisfy the same to the extent that such judgment was due to the Contractor's negligent acts or omissions. Should a court of competent j urisdiction determine that this Agreement is subj ect 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 tlie Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder sha11 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. Assignment• Neither party to this Agreement sha11 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 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 na.ture and extent of such amendment;..modifica.tion 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 sha11 limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 18. Termination and Suspension. Either party ma.y term.inate this Agreement upon written notice to the other pazty 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 t11e Contractor. The City 'may also terminate this Agreement immediately if the .Contractor breaches this.Agreement or fails to comply with any of its terms or provisions. If tlus Agreement is terminated through no fault of the Contractor, the Contractor shall be compensa.ted for services performed prior to termina.tion in accordance with the ra.te of compensation provided in Exiibit "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 sha11 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 Partv. 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. Aolicable 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 statute of lunitation sha11 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 sha11 not . constitute a part of this Agreement or, act as a limita.tion of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular sha11 include the plural and vice versa and masculine, feminine and neuter, expressions sha11 be interchangeable. Interpretation or construction of this Agreement sha11 not be affected by : any determination as to who is the drafter of this Agreement, this Agreement ha.ving 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 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 a11 prior agreements and understandings between the parties with respect to such subject matter. . 25: CounteMarts:. This Agreement may be executed in multiple. counterparts, each of which shall be one and tlie same Agreement and sha11 become effective when one or more counterparts ha.ve 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 F AUB CONTRACTOR ~ Peter B. ewis, Mayor By: Attest: 410),le E. Daskam City Clerk Appr d as o form: Daniel B. eid, City Attorne . . PavP R nf 17 EXHIBIT A - SERVICES & SCOPE OF WORK _ Scope of Services. 1. The Contractor sha11 tow,. store, piotect, and release or otherwise dispose of: _a. Vehicles ordered impounded by the Police Department. b. Vehicles otherwise ordered to be towed by the City's Police Department. c. Vehicles requested to be towed by the City's Police Department on behalf of a vehicle's owner andlor operator, who has no tow company preference. The next , available contractor will be selected from a,. towing rotation list of City-licensed tow companies that have entered into a City of Auburn Agreement for Tow Cal'1 _ Rotation List. ' 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. a11 applicable business and business licensing requirements of the City; Sta.te or other governmental body with jurisdiction over activities of the . Contractor and Contractor's business(es); and b. , Promptltimely payment of all assessments, costs, fees and taxes due in connection _ with Contractor's business(es). 3. Tlie 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, including the following: (i) Class A arid Class :E Tow Trucks. By ownership,.lease, purchase contract, the Contractor shall ha.ve at least one (1) Class.. A tow truck and one (1) - Class E tow truck with drivers on ca11 at a11 times. (ii) Class "B" Tow Truck. Byo uwnership, lease purchase contract, 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 C1ass "B" tow trucks ' - as now enacted -or herea.fter amended, together with a driver skilled and . licensed in its operation. (iii) Class "C" Tow Truck. By ownership, • lease, purchase contrract, or - temporaiy use agreement, the Contractor shall at a11 times have available, the use of a heavy-duty tow -truck as.defined by , WAC 204-91 A-170 Page 9 of 17 , relating to Class "C" tow trucksas 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 3 08-61 -1 159 and must comply with any -other. app. licable law, statute, or rule as - „ . now enacted or hereafter arnended. 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 arid receiving ca11s. d. FacsimiTe. 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 facsuniles; i e. Two-Way Communication. The Contractor shall have two-way communication, ! including the,following: , (i) Radio. The Contra.ctor sha11 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, andlor (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 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 er-:da se~en (7) daYs Per week, which shall be ca able of receivin Ci C-) P Y P g t3' . requests for vehicle - im ound, towin , or redem tion; veri 'vehicle im ourids and P g P ~g ~ P . vehicle impound uiformation; 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, Ahe Contractor shall maintain an in-house dispatcher. From 5:00 p.m, to 8:00.- . . , a.ni. the Contractor may. utilize a hired dispatch service. - b. Offices and Storage Lot. The Contractor shall, at a11 times, mainta.in its billing - ' offices arid a storage lot withun the co"rporate limits of the City of Auburn, and sha11 ' provide its local - storage lot complying with all applicable ;laws, statutes, rules, and ; regulations, including - zoning re ations, and no .more : t~hau one-half nule v~ialkin ~ , g - distance from a bus'route. c. Delivery. Except as. otherwise. directed by the City, or its autliorized ~ representa.tive, vehicles "impounded pursuant to this Agreement shall be towed directly to.' Page 10 of 17 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. ~ - d. Physical Conditions . and . Security. The Contractor's- storage lot will be kept surfaced, graded, drained; lighted, in accordance. 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 -sha11 provide adequate security at its storage lot to prevent loss or damage to vehicles. or : their contents. All ' such lots shall be sereened and fenced in 'accordance with state law and city ordinances, gates 'shall be securely locked at a11 times when an attendant is not on duty on the premises, and a11 vehicles sha11 be locked, if possible. The Contractor shall also comply to the extent reasonably possible with other or specific requests for security measures by tlie Police Departmerit. 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, arid will store such vehicles under the shelter when reasonable or necessary to protect such yehicles. 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 tlus Agreement. 5. Personnel. The qualifications 'for the Contractor's personnel. employed in perfonning this Agreement sha11 be as follows: a. Skill and Supervision. The Contractor sha11 employ only persons competent and skilled in ,tl1e performance of the work. assigned to,them . arid sha11 provide skilled, responsible supervisions and training for such persons. b. License and :Insurance Required. Any person operating a tow truck on behalf of the Contra.ctor shall have a. va1id Washington. Drivers License; shall have a11 licenses necessary to operate a tow truck in the State of Washington, and sha11 be irisured according to the _ terms of this Agreement and legal requirements applicable to the iridustxy. c. Courtesy. The Contractor~ and its agents and employees shall be courteous at a11 times when performing work under this Agreement: The use of abusive, indecent, offensive, coarse or insulting behavior or langua.ge during the`performance of this . Agreement sha11 be deemed a violation of tlus Agreement. . d. Appearance. During the performance of this Agreement, the Contractor's . + persoruiel -sha11 maintai.n` a professional, personal appearance, sha11 be_ dressed in . clothing approved by the Contractor, and sha11 be_ free of excessive dirt, grease, and grime. The failure;, of tow truck operators to present tfiemselves in a neat, cleari and professional manner while performing pursuant to this Agreement sha11 be deemed a breach of this Agreement. ; . Page l 1 of 17. ; - 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. i 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 impoundltow 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 Lega1 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, 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 shall make a representa,tive available to testify in court when necessary. This representative 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 a11 documents generated and in the possession of the Contractor relating to that tow. The contractor's representative will further testify and affirm that-, A4-all documents provided to the court pursuant to t$is Agreement shall be accompanied bv an affidavit ensurin t~ hat ~4~A-the information contained in such documents is true and correct, that the documents were prepared in the regular course of business at or neaz 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 the driver had a suspended license, the Contractor sha11 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 Attomey's Office. Prior to releasing any vehicle, the Contractor shall verify that Page 12 of 17 the person redeeniirig the vehicle has a valid Washington Drivei's License. The Contractor sha11 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 iri the manner required by RCW 46.55.090, WAC 204- 91A-130; and any other applicable law, statute, rule, or regulation, as now enacted or hereafter amended: The City of Auburn wil.l not accept personal property set forth in ' WAC 204-9 1 A- 13 0(1)(a)-(m).' The property/evidence - officer must be conta.cted before any property is brought to the police station. City of Auburn personriel will not transport the property. Copies of the Vehicle Inventory and , - Authorization/Impound fornis. must accompany the property when submitted by Contractor-to the property officer. . h. Abandoned Vehicles. Tlle Contractor sha11 dispose, of abandoned - vehicles in the possession of the Contractor pursuant to a11 applicable laws, statutes, rules and 'regulations. . . i. Removalof Junk Veliicle or Parts Thereof. Upon receipt of a"Junk Vehicle Verification, Notification 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 ena.cted or hereafter ,..amended. j. Receipt. Tl1e Contractor, sha11 prepare a receipt. using uniform, sequentially - numbered forms for every impounded vehicle . which leaves. Contractor's possession. The Contractor sha11 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. For -the purposes hereof; the :stored copy may be stored in electronic, format. T'he receipt shall state: (1) The date and time of delivery to the claimant; . (2) The name, address, and Washington State (or other Sta.te) driver's license " number of the person to whom it is deliyered•, (3) The narne 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 fiime of . impourid, 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 Page 13 of 17 . (b) a complete sta.tement 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 Contra.ctor shall keep all records pertaining to vehicles impounded pursuant to this Agreement for at least three (3) yeazs 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 ha.ving charge of the records are present at Contractor's billing office. Upon request by the Auburn Police Department or the Auburn City Attorney's Office, the Contractor shall provide information of vehicles unpounded 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 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 a.dditional 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 lawfiul manner. M. Compla.ints. 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 Ma.inta.in Records to Support Independent Contractor Sta.tus. 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 Depaertment of Revenue and other necessary state agencies for the payment of a11 state taxes nonnally paid by employers, register to receive a unified business identifier number from the State of Washington; Report local sales tax as code 1702 (Aubum/King);and c. Maintain a separate set of books and records that reflect all 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 shall have the right to inspect the Contractor's facilities and equipment to ensure that the provisions of this Agreement are followed. Inspections sha11 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 ternunation by the City. Page 15 of 17 EXIMIT B COMPENSATION Charges by the Contractor for towing, storage, and other services pursuant to this Agreement shall not exceed the following amounts: TRUCK R.ATES : (Per Hour) CLASS A,D&E $160.00 *Rota.tor $224.00 Class B $194.00 *Rota.tor $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 rota.ting boom. The cost of using a rota.tor, other than the S 1 will be its class rate plus 40 percent. Rotator ra.tes 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 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" ra.tes 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. I • HourlY Labor: Extra. Registered Tow Truck OPerator (RTO) Employee/Driver . $80.00 (per hour). (Based on 1/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 have supporting receipt) plus ZO percent mark-up. Page 16 of 17 . ' ' . . . % . . • Handling arid Disposing of Hazardous Materials: Charges based upon cost of handling and disposing (must have supporting documenta.tion) 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 a11 Urban Consumers (CPI-L) - Transportation expenditure category will be utilized for \ future increases/decreases. in truck and stora.ge 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. 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. 61101 provided that such change shall not take effect until ten (10) day after notification to ; the Chief of Police and the City Of Auburn Clerks office. • Extra Equipment/Manpower: The registered or legal owner of a vehicle, the contractor andlor tlie officer in charge of the scene, where it is clearly appazent that additional manpower and/or auxiliary equipment is needed, must authorize extra _ labor or equipment as outlined in WAC 204-91 A-140(d). ~ Application of Rate Maximums: These rate maximums shall apply whether the services are provided as a result of "primary" (in.itial) 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, turie to - reflect the maximum rates for such services esta.blished by the Chief of the` State Patrol - pursuant to Washington Administrative Code Section 204-91 A-140. 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