HomeMy WebLinkAboutAuburn Valley Towing
A
~ CITY OF AUBURN
AGREEMENT FOR TOW CALL ROTATION LIST
~
THIS AGREEMENT made and entered into on this o~ `J day of All &e VS 7 ,
20 10 , by and between the City of Auburn, a municipal corporation of the State of
Washington, hereinafter referred to as "City" andV(,(.E!~ IQQIp , hereinafter referred to
as the "Contractor." Vt^80<<, p7'N c.
dba Au8ueo
WITNESSETH. .
WHEREAS, the City is seeking vehicles towing services operating within Auburn for a
rotation list to be called when a police officer comes across the situation where a citizen's
vehicle must be towed or moved; and
WHEREAS, the City has selected the Contractor to perform such services pursuant to
certa.in 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 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 benefits provided herein, and consideration of
placement on the City of Auburn Police Tow Rota.tion List, the parties hereto agree as follows:
1. 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 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.
Page 1 of 17
, 2. Administration of Aaxxeement. ~
This Agreement sha11 be administered by ~ , on behalf of
the Contractor, and shall be administered out of the Contra.ctor's billing office located
within the City of Auburn, Washi.ngton, and by ISc~~ Kav-v~oJ~-;s~ , on behalf
of the City.
3. Scope of Services.
The Contractor agrees to perform in a good and professional manner the tasks described
on Exhibit "A" atta.ched hereto and incorporated herein by this reference, which shall be
individually referred to as a"task," and collectively referred to as the "services." The
Contractor shall perform the services as an independent contractor and shall not be
deemed, by virtue of this Agreement and the performance thereof, to have entered into
any partnership, j oint 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
Contra.ctor of additional services with respect to related work or projects. Any such
agreement(s) sha11 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 sha11 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.
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 Exhibit "B" attached
hereto and made a part hereof, as follows:
Page 2 of 17
a. The City sha11 compensate the Contractor at the rates specified on said Exhibit
"B" 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 sha11 process the invoice or sta.tement in the next
billing/claim cycle following receipt of the invoice or sta.tement, and shall remit
payment to the Contra.ctor thereafter in the normal course, subj ect to any
conditions or provisions in this Agreement.
b. Unless agreed to in writing prior to the tow of a vehicle, the City shall not be
responsible for towing, storage, or impound fees for any vehicle not owned or
opera.ted 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 sha11 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 sha11 compensate the Contractor for such towing, storage, or
impound in an amount found by sa.id 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 addition to any requirements
imposed on tow truck opera.tors by federal, state and/or local law, including, but
not limited to the provisions of Chapter 46.55 of the Revised Code of Washington
( RCW), Towing and Impoundment.
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 Contra.ctor'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 Sta.te
Crime Information Center ("WSCIM 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 the Auburn Police Department and/or any
other law enforcement agency with jurisdiction over the vehicle's location or
responsibility over the impou,nd prior to towing the vehicle.
Page 3 of 17
11. Records Inspection and Audit.
All compensation payments sha11 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
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
25 West Main A -
Auburn, WA 98001-4998 Auburn, WA
(253) 931-3000 FAX (253) 931-3053 c25 ,9-
All such notices or communications shall be effective upon the date of receipt.
14. Insurance.
The Contractor sha11 procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or daznage 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, 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
sha11 be endorsed to provide contractual liability coverage.
(2) Commercial General Liabilitv insurance sha11 be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, opera.tions, 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
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, provide the Aggregate Per Project Endorsement ISO form CG 25
03 11 85. T'here shall be no endorsement or modification of the
Commercial 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 01 and Additional Insured-Completed
Operations 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 State of Washington.
b. Minimum Amounts of Insurance. Contractor shall maintain the following
insurance limits:
(1) Automobile Liabilitv insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
occurrence, $2,000,000 aggregate.
(2) Commercial General Liabilitv insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a$2,000,000 products-completed operations
aggregate limit.
c. Other Insurance Provisions. The insurance policies are to contain, or be
endorsed to contain, the following provisions for Automobile Liability,
Professional Liability, and Commercial General Liability insurance:
(1) The Contractor's insurance coverage shall be primary insurance as
respects the City. Any insurance, self-insurance, or insurance pool
coverage maintained by the City sha11 be in excess of the
Contractor's insurance and shall not contribute with it.
(2) The Contractor's insurance sha11 be endorsed to state that coverage
sha11 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 tha.n A:VII.
e. Verification of Coverage. The Contractor shall furnish the City with
documentation 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 sha11 include all subcontractors as
insureds under its policies or shall furnish separa.te certificates and
endorsements for each subcontractors. All coverages for subcontractors
shall be subject to a11 of the same insurance requirements as stated herein
for the Contractor.
g. No Limitation. Contractor's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Contractor to
the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
15. Indemnification.
The Contractor sha11 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 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 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 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 expiration or
termina.tion 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 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 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
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. impair any right arising from any subsequent default. Nothing herein shall limit the
remedies or rights of the parties hereto under and pursuant to this Agreement.
18. Termination and Suspension.
Either party may terminate this Agreement upon written notice to the other party if the
other party fails substantially to perform in accordance with the terms of this Agreement
through no fault of the party terminating the Agreement.
The City may terminate this Agreement upon not less than seven (7) days written notice
to the Contractor if the services provided for herein aze no longer needed from the
Contra.ctor. The City may also termina.te this Agreement immediately if the Contractor
breaches this Agreement or fails to comply with any of its terms or provisions.
If this Agreement is terminated through no fault of the Contractor, the Contractor sha11 be
compensated for services performed prior to termina.tion in accordance with the ra.te of
compensation provided in Exhibit "B" hereof.
19. Parties in Interest.
This Agreement sha11 be binding upon, and the benefits and obligations provided for
herein sha11 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 Partv.
In the event of litigation or other legal action to enforce any rights,.responsibilities or
obligations under this Agreement, the prevailing parties sha11 be entitled to receive its
reasonable costs and attorney's fees.
21. Applicable 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 sha11 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 aze
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 pazagraph 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 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 having been
drafted by mutual agreement of the parties.
23. Severable Provisions.
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i
. 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. Counterparts.
This Agreement may be executed in multiple counterparts, each of which sha11 be one
and the same Agreement and sha11 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 ha.ve caused this Agreement to be executed
effective the da.y and yeaz first set forth above.
CITY F A v CONTRACTOR
Peter B. Lewis, Mayor B•
< < ~ -
Attest:
D' lle E. Daskam City Clerk
Appr as to form:
beliel B. Hei , ity Atto ey
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EXHYBIT A
SERVICES & SCOPE OF WORK
Scope of Services.
1. - The Contractor shall tow, store, pmtect, 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 betowed by the City's Police Department on behalf of a
vehicle's owner and/or' operator, who has no : tow company preference. The next
, available contractor will be selected fiom a. towing rotation 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' 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 91 applicable business and business licensing requirements of
the City, State or otfier_governmental body with jurisdiction over activities of the
Contractor and Contractor's business(es); and ~
b. Prompt/timely payment of all assessments, costs, fees and taxes due in connection
with Contractor's business(es). 3. . The Contractor sha11 have the following equipment on ,hand for use in performing the
contract:
a. Sufficient Vehicles. . Contra.ctor 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, includirig the following: <
(i) Class A and Class E Tow Trucks: By ownership, lease, purchase contract,
the Conira.ctor shall haye . at least one (1) C1ass A tow truck and one (1)
Class E tow truck with drivers on ca11 at all times.
(ii) Class "B" Tow. Truck. By owneiship; ; lease , purchase contract, the
. Contractor shall at all times have. available the use ,of a heavy-duty tow
truck as defined by-WAC 204-91A=170 relafiing,to Class "B" tow trucks
as now enacted or hereafter amended, together with a driver skilled and
hcensed in its operation. _ (iii) Class "C" Tow Truck. By ownership, lease, purchase contract, or
temporary iise agreement; the Contractor shall at all times,have available
the use of a heavy-duty tow truck as'. defined by : WAC 204-91A-170
Page 9 of1T.
relating to Cla.ss "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 shall have telephone equipment and service in proper
working order at its dispatch facility twenty-four (24) hours per day for sending and
receiving calls.
d. Facsimile. The Contractor shall have facsimile equipment and service in proper
working order, at its dispatch facility twenty-four (24) hours per_ da.y for. sending and
receiving facsimiles.
e. Two-Way Gommunication. The Contractor shall have two-way communication,
including the following:. : . (i) Radio. The Contractor shall provide two-way radio
communications equipment' and service in proper working order: befween
its dispatch facility and each tow truck used to impound vehicles pursuant .
to this Agreement, and/or
(ii) Cellular Phone. The Contractor shall provide two-way celiular
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
perforrning the contract:
a. Dispatch Facility. The Contractor shall provide a staffed dispatch facility twenty-
four (24) hours per day seven (7) days per week, wluch sliall 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 sha11 maintain an in-house dispatcher. From 5;00 p.m. to 8:00
a.m. the Contractor may utilize a hired dispatch service.
b. Offices and: Storage Lot. The Contractor sha11, at a11 times, maintain its billing
offices and a storage lot within the ~ corporate limits of 'the City _ of : Auburn, and sha11
; provide its - local. storage lot complying with all applica.ble laws, statutes, rules, and -
regulations; including zoning regulations, and no more than 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 stora.ge 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. PhysicaT 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 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 sha11 be securely locked at all times when an attendant is not on
- duty on the premises, and a11 vehicles shall be locked, if possible. The Contractor
shall also comply to the 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 stora.ge 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 subj ect , to the initial and continuing
approval of the Cluef 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 sha11 employ only persons competent and
skilled in the performance of the work assigned to them and sha11 provide skilled,
" responsible supervisions and training for such persons.
b. License and Insurance Required. Any person opera.ting a tow truck on behalf of
the Gontiractor shall have a valid Washington Drivers License; shall have all
licenses necessary to operate a tow truck in the State of Washington, and sha11 be
insured according to -the terms of this Agreement and legal requirements
applicable to the indiistry.
c. Courtesy. T'he Contractor and its agents and employees shall be courteous at a11
times when performing work under this Agreement: The use of abusive, indecent,
offensive, coar'se or insulting behavior or language during the performance of this
Agreement shall be deemed a violation of this Agreement:. .
d. Appearance. During the perfoimance of this Agreement, the Contractor's
personnel shall maintain a pmfessional, personal appearance, sha11 be dressed in
clottiing approved by ttie Contractor, and shall : be free of excessive dirt, grease,
and grime. The failure of tow truck ope.rators to present themselves in a neat,
clean and professional mariner while performing pursuant to this Agreement shall
be deemed a breach of this Agreement.
Page l l of 17
_
6. Procedures: The Contractor shall institute the following procedures .in performing the
Agreement: .
a. Care and Skill. The Contractor shall use reasonabTe 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 Gity immediately upon receiving a request for--impound/tow. A
tow truck of the proper class sha11 arrive at the site of impound/tow within twenty
(20) miriutes of tlie time the Contractor receives the impound. reguest. 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 Contractor
shall immediately report any delay in response time due to heavy traffic volume
: or otherwise. c. Storage. All ,vehicles sha11 be handled and returned in substantiality the same
condition as they existed before being towed: The Contractor will not store any
towed and/or impounded vehicle on public streets, public property, or any place
other than an approved storage lot. •
d. Notice to Legal Owners. When a vehicle is, impounded, the Contractor will notify
the legal owners pursuant to the requirements of RCW 46.55:110 and all other
applicable laws, statutes, rules, regulations, or City ordinances as now enacted er
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 accounting of tow and impound chazges conforming to the Agreement
. rates, together with a copy of all documents generated and in the possession of the
fy
Contractor, relating to that tow. The contractor's representative will further testi
and affirm that~ ~all documents provided to : the court pursuant to this
Agreement shall_ be accompanied bv an affidavit ensuring 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 #he time of the impound.:
or the accruing of other costs of the impound, and that they aze being provided by
the custodian of records of the Contractor.
f. - Release of vehicle. If a vehicl'e has been impounded because, the.driver had a
suspended license, the Contractor sha11 not release a.vehicle prior - to the
- termination of any manda.tory impound period absent an order from the Auburn
Police Depariment, the King County District Court, or the Auburn City
Attorney's Office. Prior to releasing any vehicle, the Contractor shall verify that
Page 12 of 17
tlie person redeeming the vehicle has a valid Washirigton Driver's License. The
Contractor shall deliver possession of properly redeemed vehicle not more than
thirty. (30) minutes after gayment of the impound fee set forth in this Agreement
or required by law.
. g. - P.ersonal Property. The personal property and contents of towed or impounded
Vehicles shall be handled in the'manner:required by RCW 46.55.090, WAC 204-
- 91A-130, and any other applicable law, sta.ttite; 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
coted before any property is brought to -the police sta.tion. City of Auburn
personnel will.not transport the property: Copies of the Vehicle Inventory and -
Authoriza.tion/Impound forms must accompany ttie properly when. submitted by
Contracforto 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 Velucle or Parts Thereof. Upon receipt of a"Junk Vehicle
V erification, Notification and Affida.vit"' foim or I its equiv'alent. from the Auburn
City' Police Department, the Contractor shall Temove 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 prepaze a receipt using uniform, sequentially .
numbered forms for every` impounded velucle which leaves Contractor's
possession. The Contractor shall deliver one (1) copy of the receipt to the person
to whom tlie velucle is delivered and sha11 keep one (1) copy; filed in the order of
' the. receipt nmber. For the purposes hereof, the stored copy may be stored in
electronic formaf. The receipt shall state:
(1) Tlie date and=tiine 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 delivered;
(3) The name and address of the employer or principal of such person, if such
person is the agent for the registeied owner or purchaser of the vehicle;
(4) The name and', addre.'ss of the vehicle's registered owner at the time of .
impound, if known; . ,
(5) Either: . . . , ;
(a) an item'ized statement of the, impound, storage, and extra charges.
colleeted 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 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 yehicles impounded
- pursuant. to this Agreement for at least three (3) years following the expiration or
termination of the Agreement. The Contractor shall keep tlze records in ~an orderly ~
manner to. assure easy access and reference to the records and sfiall make a11 ~
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 a11 other times when .
employees having chazge of the records are present at Contractor's billing office.
Upon request by the Auburn Police Department or the Aubum 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 sha11 include the name of the registered owners,
. whether :the vehicle was redeemed by the owner or'by another ,person, and the
disposition of the vehicle if not redeemed.
1. Removal of Debris. Unless otherwise directed, the Contractor shall at no
additional cost remove from the location of an impound /tow~any broken glass or
other debris resulting from a collision involving the vehicle, before towing the
vehicle away. The Contractor shall dispose of all such debris in a lawFul manner.
m. Complaints: The Contractor shall promptly and courteously respond to
complaints. This shall include furnishing a complainant with contact information
for the Contractor's insurance company and its claims agent if requested.
7. Contractor to Maintain Records to Support Independent Contractor Status. On the
effective date of this Agreement (or shortly thereafter), the Contractor sha11:
a. File a schedule of expenses with the Intemal Revenue Service for the type of -
business the Contractor conducts;
b. Establish an account with the Washington Sta.te Depaertinent of Revenne 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 Sta.te
of Washington; Report local sales tax 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, all 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 whicli would be subject to
RCW Title 51; Industrial Insurance.
8. Right to Inspecf. The City sha11 have the riglit to inspect the Gontractor's facilities and
equipment to ensure that the provisions of this Agreement are followed. Inspections sliall
' occur during. normal business hours. The refusai of the Contractor to permit such
inspeotions shall be a breach of this Agreement and may result in immediate termination
by the City.
~Page 15 of 17
. ~
EIHIBIT B
COMPENSATION Charges by , the Contractor for, towing, storage, and otller services pursuant to this Agreement
sha11 not exceed the following amounts:
TRUCK RATES: (Per Hour)
CLASS A,DBcE $160.00 *Rotator $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 S1 $567.00 40+T6n 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 are specifically reguested by the legal or registered owner of the
vehicle, or the officer in chazge 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 tlie recovery. The 30,000 lbs. GVWR or more with air brakes rates apply only if the vehicle
being towed has a GVWR between 26,000 lbs. and 33,000 lbs.
Class E& S rates shall have a maximum rate appropriate for its GVWR and be consistent
with the above schedule. For example, if an "E" or "S" truck has a GVWR of 17;000 lbs.
or more, Class "B" rates will apply if hauling Class "B" loads. Class "A" rates apply if
hauling Class "A" loads.
~ Storage Rate: $41.00 per day
~ Storage: Storage rates shall follow the guidelines set forth in WAC 204-91A-140.
• Hourly Labor: Extra Registered Tow Truck Operator (RTO) Employee/Driver
$80.00 (per hour). (Based on 1/2 the current Class.A'.Truck Rate; must ha.ve
. supporting documenta.tion 'showing continuous employment:). -
~ Casua1 Labor: Charges based on cost (must have supporting documentation) plus 25
pereent mark-up. ~
• Auxiliary Equipment: Charges based upon the actual cost of equipment (must have
supporting receipt) plus 20 percent mark-up.
Page 16 of 17
0 Handling and Disposing of Hazazdous Materials: Charges based upon cost of
handling and disposing (must have supporting documentation) plus 20 percent mark-
up.
0 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 rates listed
above.
• Future Increases: The Seattle-Tacoma-Bremerton area Consumer Price Index for a11
Urban Consumers (CPI-i) - Transportation expenditure category will be utilized for
future increases/decreases in truck and storage rates. Said increases/decreases.wiil be
to the nearest whole dollar and sha11 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 yeaz. 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 and the City Of Auburn Clerks office.
~ Extra Equipment/Manpower: 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 and%r auxiliary equipment is needed, must authorize extra
labor or equipment as outlined in WAC 204-91A-140(d).
• Application of Rate Maximums: These rate maximums sha11 apply whether the :
services are provided as a result of "primary" (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 anaddendum 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