HomeMy WebLinkAboutPro-Tow Tow Call Agreement
CITY OF ALTBURN
AGREEliREN'T FOR TOW CALL lt0'TA'TION LIS'T
THIS AGREEMENT made and entered into on this ~ day of
20. IQ, by and between the City of Auburn, a municipal corporation of the State of
Washington, hereinafter referred to as "City" and P2o ToL,~J , hereinafter referred to
as the "Contractor."
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
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 Coritxactor agree to'provide towiiig services upon the terms and conditions
fierein 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 fizrther 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 deterrnining 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 (RCW) and is willing and able to provide the services
described herein.
NOW, THEREFORE, based ori the mutual benefits provided herein, and consideration of
placenient on the City of Auburn Police Tow Rotation List, the parties hereto agree as follows:
i.` Time for Performance and Term of Agreement:
, , - -
" The Term of this Agreement. shall commence ori fhe 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.
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2. " Administration of Ajzreement.
This Agreement shall be administered by ~►-S , on behalf of
: the Contractor, and sha11 be administered out of the Contractor's billing office located
within the City of Aubuin, Washington, and by e~h on behalf
of the City.
3. Scope of Services.
The Contractor agrees to perform in a good and professional manner the ta.sks described
on Exhibit "A" attached hereto and incorporated herein by this reference, which sha11 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 sha11 not be
deemed, _ by virtue of this Agreement and the performance thereof, to have entered into
• any partnership; joint venture; employment or other relationship with the City.
4. Additional Services.
From time to time, nereafter, the parties hereto may agree to the performance by the
Contractor of additiorial services with respect to related work or projects.. Any such
agreement(s) shall be set forth in writing and shall be executed by the respective parties
prior to the Contractor's performance of the services there under, except as may be
provided to the contrary in Section 3 of this Agreement. Upon proper completion and
execution of an addendum (agreement for additional services), such addendum sha11 be
incorpora.ted into this Agreemenf and shall have the same force and effect as if the terms
of such addendum were a part of this Agreement as originally executed. The
performance of services pursuant to an addendum shall be subject to the terms and
conditions of this Agreement except where the addendum provides to the contrary, in
which case the terms and conditions of any such addendum shall control. In all other
respects, any addendum shall supplement and be construed in accordance with the terms
and conditions of this Agreement.
5. This Contract Not Exclusive: The Contractor agrees that the City may at ;its sole option
enter contracts with one or more other tow companies for the services coritemplated 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 sha11 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 shall compensate the Contractor at the rates specified on said Exhibit
"B" for any City vehicles towed ar stored upon request of authorized City
personnel. The Contractor shall submit to the City an invoice or statement of time
spent on those tasks or services set forth in_ Exhibit "A" for which the Contractor
seeks payment. The City shall process the invoice or statement in the next
billing/claim cycle following receipt of the invoice or statement, and shall remit
payment to the Contra.ctor 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 vehiele, the City shall not be
responsible for towing, storage, or impound fees for any vehicle not owned or
operated, by the City, including non-impound vehicles towed or stored upon
- request of the City's Police Departme.nt and irlpounded vehicles; provided, for
vehicles impounded for evidentiary purposes, the City shall pay such towing,
storage, or impound fees that accrue from the time of impound until the City of
Auburn Police Deparhnent 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, ar
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 addition to any requirements
imposed on tow truck operators 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 a11 protection necessary for that purpose. All work shall be
done at the Contractor's own risk, and.the Contractor sliall 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 unpounded or abandoned vehicles from its
existing locafion to the Contractor's Storage Lot or any other destination, the Contractor
sliall check the vehicle's identification numbers ("VIN") against the Washington Sta.te
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 undertakeri 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 impound prior to towing the vehicle.
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11. . Records Inspection and Audit.
All compensatiori payments shall be subject to the adjustments for any amounts fou.nd
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 subj ect 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 gbod faith effort to cooperate and continue work toward
- successful completion of assigned duties and responsibiii*.ies.
13. Notices. -
All notices or communications permitted or required to be given under this Agreement
shall be in writing and shall be served either in person or by certified mail, retu.rn receipt
requested, at the followirig :addresses:
City of Auburn Contractor
Auburn CiTy Ha11 p pPo -TO
25 West Main 14)o 14 s'T" /N 4/
Auburn, WA 98001-499.8 Auburn, WA 9rrCV` )
(253) 931-3000 FAX (253) 931-3053
All such notices or communications shall be effective upon the date of receipt.
14. Insurance.
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of-the work hereunder by the Contractor, its agents,
representatives, or employees.
a. Minimum Scope of Insurance. Contractor shall obtain insurance of the -
types described below:
(1) Automobile Liabilitv insurance covering a11 owned, non-owned,
hired, and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
(2) Commercial_ General Liabilitv insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
. premises, operations,.independent contractors, products-completed
operations; stop gap liability, and personal injury and advertising.
injury and liability assumed under an insured contract: The
Commercial General Liability insurance shall be endorsed to
Page 4.of 17 A
provide the Aggregate Per Project Endorsement ISO form CG 25
03 11 85. There shall be no endorsement or modification of the
Commercial General Liability insurance for liability arising from '
explosion, collapse, or underground property damage. The City
shall be named as an additional insured under the Contractor's
Commercial General Liability insurance policy with respect to the
work performed for the City using ISO Additional Insured
Endorsement CG 20 10 10 Ol and Additional Insured-Completed
Operations endorsement CG 20 37 10 Ol or substitute
endorsements providing equivalent coverage.
(3) Workers' Compensation coverage as required by the Industrial
Insurance laws of the Sta*e of Washington.
b. Minimum Amounts of Insurance. Contractor sha11 maintain the following
insurance limits:
(1) Automobile Liabilitv insurance with a minimum combined single
limit for boclily 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 insuranee 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 sha11 be primary insurance as
respects the City. Any insurance, self-insurance, or insurance pool
. coverage maintained by the City shall be in excess of the
Contractor's insurance and shall not contribute with it.
(2) The Contractor's insurance sha11 be endorsed to state that coverage
shall not be cancelled by either party except after thirty (30) days'
prior written notice by certified mail, return receipt requested, has
been given to the City.
d. Acceptability of Insurers. Insurance is, to be placed with irisurers with a
current A.M. Best rafing of not less than A;VIL
e. Verification of Goverage. The Contractor shall furnish the City with
documenta.tion of insurer's A.M. Best rating and with original certificates
and a copy of amendatory endorsements; including but not necessarily
limited to the additional insured endorsement, evidencing the insurance
requirements of the Consultant before commencement of the work.
Page 5 of 17
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f. Subcontractors. The Contractor shall include a11 subcontractors as
insureds under its policies or shall furnish separate certificates and
endorsements for each subcontractors. All coverages for subcontractors
shall be subject to a11 of the same insurance requirements as sta.ted herein
for the Contractor.
g. No Limitation. Contractor's maintenance of insurance as required by the
agreement sha11 'not be construed to limit the liability of the Contractor to
the coverage provided by such insurance; or otherwise limit the City's
recourse to any remedy available at law or in equity.
15. Indemnification.
The Contractor shall indemnify defend and hold harmless the City and its officers,
ofFicials, agents and employees, or any of them from any and all clai.ms, 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 tlie City, its officers, agents, employees and/or any of them,
or jointly against the City and the Contractor and their respective officers, agents and
employees, or any of them, the Contractor shall satisfy the same to the extent that such
judgment was due to the Contractor's negligent acts or omissions.
Should _a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of
the Contractor and the City, its officers, officials, employees, and volunteers, the
Contractor's liability hereunder shall be only to the extent of the Contractor's negligence.
It is further specifically and expressly understood that the indemnification provided
herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title
5`1 RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the pa.rties. The provisions of this section shall survive the expiration or
termination of this Agreement.
16. Assigrunent•
Neither party to this Agreement shall assign any right or obligation hereunder in whole or
in part, without the prior written consent of tlie other party hereto. No assignment or
transfer of any interest under this Agreement shall be deemed to release the assignor from _
any liability or obligation under this Agreement; or to cause any such liability or
obligation to be reduced to a secondary liability or obligation.
17. Amendment, Modification or Waiver.
No amendment, modification or waiver of any condition, provision or term of this
Agreement sha11 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) arid
specifying with particularity the nature and extent of such amendment, modi _fication or
waiver. Any waiver by any party of any default of the other party shall. not effect or
Page 6 of 17
t` . •
impair any right arising from any subsequent default. Nothirig herein sha11 limit the
remedies or rights of the parties hereto under and pursuant to this Agreement.
18. Termination and Suspension.
Either party may terminate this Agreement upon written notice to the other party if the
other party -fails substantially to perform in accordance with the terms of this Agreement
through no fault of the party terminating the Agreement.
The City may terminate this Agreement upon not less than seven (7) days written notice
to the Contractor if the services provided for herein are no longer needed from the
Contractor. 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 this Agreement is terminated through no fault of the Contractor, the Contractor shall be
compensated for services performed prior to terniination in accordance with the rate of
compensation provided in Exhibit "B" hereof.
19. Parties in Interest.
This Agreement shall be binding upon, and the benefits and obligations provided for
herein shall inure to and bind, the parties hereto and their respective successors and
assigns, provided that this section shall not be deemed to pernut any transfer or
assignment otlierwise prohibited by this Agreement. This Agreement is for the exclusive
benefit of the parties hereto and. it does not create a contractua.l 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. Applicable Law.
This Agreement and the rights of the parties hereunder shall be governed by and
interpreted in accordance with the laws of the State of Washirigton and venue for any
action hereunder shall be in King County, Washington; provided, however, that it is
agreed and understood _ that any applicable statute of limitation shall commence no later
than the substantial completion by the Contractor of the services.
22. Captions, Headings and Titles.
All captions, headings or titles in the paragraphs or sections of this Agreement 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 paragraph or sections to
whieh they apply. As used herein, where appropriate, the singular shall include the plural
and vice versa and masculine, feminine and neuter expressions shall be interchangeable.
Interpretation or construction of this Agreement shall not be affected by any
determination as to who is the drafter of this Agreement, this Agreement having been
drafted by mutual agreement of the parties.
23. Severable Provisions.
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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 ofthis Agreement.
24. Entire Agreement.
This Agreement contains tlie entire understanding of the parties hereto in respect to the
transactions contemplated hereby and supersedes all prior agreements and understandings
between the parties with respect to such subject matter.
25. Counterparts.
This Agreement may be exeeuted in multiple counterparts, each of which shall be one
and the same Agreement and shall become effective when one or more counterparts have
been.signed by each of the parties and delivered to ttie other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
CI O~ CONTRACTOR
Peter B. Lewis, Mayor By:
Attest:
~ .
Danielle E. Daskam City Clerk
Appr e as to form:
Daniel. B. Ieid; Ci y Atto y~
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EXI3IBIT A
SERVICES & SCOPE OF WORK
Scope of Services. -
1. The Contra.ctor sha11 tow;,store, protect, and release or otherwise dispose of:
-a. Velucles ordered impounded by the Police Department.
b. ' Vehicles otherwise ordered to be towed by the City's Police Departrnent.
c. Vehicles reguested to be towed 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 from. a towing rotation list of City-licensed
tow compazues that have entered into a City of Auburn Agreement for. Tow Ca11.
Rotation List. d. Any City vehicles requirnig towing services upon request of authorized City
personnel. -
2. The-Contractor shall provide "such ancillary services as set forth herein, as directed by the
City, including, but not limited to the following:
- a. Compliance with all applicable business and business licensing requirements of
the City, State or ottier go"vernmental 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. `Contxactor sha11 have a sufficient number of tow trucks of
-adequate size and capacity, together with operating personnel, to respond io requests _for .
. se'rvices within the times specified herein, including the following:
(i) Class A and Class 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 a11 times.
(ii) Class "B" Tow Truck. By ownership, 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 relating to Class "B" tow trucks
~ as now enacted or hereafter amended, together with a driver skilled and
licensed in its operation. ,
(ui) Class "C" Tow Truck. By owneiship, lease, purchase contrat, or
temporary use agreement, the Contra.ctor shall at all 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 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-O50 and170 arid vehicles must reflect the,appropriate signage per
WAC 308-61-115;_and inust comply with any other applicable law, statute, or rule as
now enacted or hereafter amended.
C. Telephone. The Conta.ctor 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 shall have facsimile equipment and service in proper
working order at its dispatch facility twenty-four (24) hours per day for sending and
receiving facsimiles.
e. Two-Way Communication. The Contractor shall have two-way communication,
including the following:
(i) Ra.dio. The Contractor 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 sha11 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 puTSUant
to this Agreement.
4. Facilities. The -Contractor shall- have the following facilities available for use in.
perfomung the contract:
. a. Dispatch Facility. The Contractor sha11 provide a staffed disgatch facility twen 'ty-
four (24) hours per' day seven (7) days per week, which sha11 be capable of receiving Giry"
reQ P g P 'fying ' d.
uests for vehicle im ound, towui , or redem t~ ~on; ven velucle impounds an
vehicle impound information; and dispatching personnel and equipment to the site. of a
requested impound or ,tow. From 8:00 a.m. to 5:00 p.m., excluding weekends and
~ holidays, the Contractor shall maintain an in-house dispatcher. From S:UO p.m. to 8;00 :
a.m. the Contractor'inay utilize a hired dispatch service.
b. Offices and Stora.ge Lot. The Contractor shall, at all tunes, maintain its billing
offices and a storage lot within the corporate limits of the City of Aubum, and shall
provide its local. storage lot complying with all applicable laws;statutes,_ ruies, 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
representaxive, vehicles impounded pursuant to this Agreement sha11 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 stora.ge lot will be kept
surfaced, graded, drained, lighted, in accordance- with City codes, and free of
obstacles and hazards at all times, so that persons redeeming vehicles have safe
and convenient access to the vehicles. The Contractor shall provide adeguate
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 sta.te law and city
ordinances; gates shall be securely locked at all ,times when an. attendant is not on duty on tlie prenuses, and all 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 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. Approyal Required. The stora.ge lot will be subject to the initial and continuing
approval of the Chief of Police or designee, with respect to meeting the
requirements of ttus 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 perforniarice of the work assigned to them and shall provide skilled,
responsible supervisions and training for such persons.
b: License and Insurance Required. Ariy person operating a tow truck on behalf of
trie Contractor shall have a valid Washington Drivers License; shall have all
licenses necessary,to operate a tow truck in the Sta.te of Washington, and shall be
insured according to the terms of this Agreement and legal requirements
applicable to the industry.
c. Courtesy: The Contractor and its agents and employees shall be courteous at all
times when performing work under, this Agreement The use of abusive, indecent,
offensive, coarse or insulting behavior or langua.ge during the performance of this
Agreement shall be deemed a violation of this. Agreement
d. Appeazance. During the performance of this Agreement, the Contractor's .
personnel sha11. maintain a professional, personal appearance,, shall be dressed in
- clothing approyed by the Contractor; and shall'. be &ee of excessive dirt, grease,
and grime. The failure of tow truck operatois to present themselyes in a neat,
clean, and professional manner while performing pursuant to tUis Agreement shall
be deemed a breach of this Agreementc `
Page 11 of 17
6. Procedures. Trie Contractor shall iristitute 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 clamage them through lack of reasonable
care.
b. ' Response Time. The Contractor shall dispatch. a tow truck to the location
spec.ified by the City 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) 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 sha11 arrive at the site
of the impound/tow within thirly. (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 andlor 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 a1T other
applicable laws, statutes, rules, regulations, or City ordinances as now enacted or
hereafter amended.
e. Gontesting the impound of a vehicle: At the request of the person redeeming the ,
vehicle, the contractor sha11 supply a completed RTTO Impound Vehicle-Request
Form (DLR-430-508), The Contractor shall make a representative 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 represenfative will further testify
and affirm that~- Adl-all documents. provided to the court pursuant to this
Agreement shall be accornpanied bv an affidavit ensuring, that -.-And-the
`information contained in such documents is true and correct, that the documents
were prepared in the regulaz course of business at or near tlie 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 unpound 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 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 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
veliicles shall be handled in the manner required by RCW 46.55.090, WAC 204-
91A-130, and any other applica.ble law, sta.tufe; rule, or regulation, as now enacted
or hereafter amended. The City of Auburn will not accept personal property set
forth in WAC 204-91A-130(1)(a)-(m); The property/evidence _officer must be
- contacted before any property. is brought to the police sta.tion. City. of Aubum
personnel will not transport the property. Copies of the Vehicle Invento _ry and
~ Authorization/Impound forms must accompany the properfy when submitted by
Contractor to the properry officer. .
h: Abandoned Velucles. 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
Verification, Notification and Affidavit" form or its equivalent from the Auburn
City Police Deparbment, the Contractor sha11 remove the desigriated ju.nk vehicles
or parts thereof to a disposal site. Costs of such removal sha11 he recovered by the
. Contractor in accordance with RCW 46.55.130 as now enacted or hereafter amended.
j. Receipt. The Contractor shall prepaze a receipt using uniform, sequentially
' numbered forms - for every impounded vehicle which leaves Contractor's
possession. The Contractor shall deliver one (1) copy of the receipt to the person
to whom the vehicle is delivered and shall keep one (1) copy, filed in the order of
the receipt number: For the purposes hereof, the stored copy may be stored in
electronic forma.t: The receipt shall state:
(1) The date arid time of delivery to the claimant;
(2) The name, address, and Washington State (or other State) driver's license
~ number of the person to whom it is delivered;
(3) The name and address of the employer or principal of such person, if such
person is the agent for the registered ownei or purchaser of the velucle; (4) The name and address of the vehicle's registered owaer at the time of
impound; if laiown; ,
(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 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 Gontractor 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 Contra.ctor sha11 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 Frida.y,. aad at a11 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 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.
l. Removal of Debris. Unless otherwise directed, the Contractor shall at rno
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
velucle away. The Contractor sha11 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 da.te 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 State Depaertment of Revenue and
other necessary state agencies for the payment of a11 state taxes normally paid by
employers, register to receive a unified business identifier number from ttie Sfate
of Washington; Report local sales tax as code 1702 (Auburn/King);and .
c. Maintain a separate set of books and records that reflect all items of income and expenses of Contractor's business, all as described in RCW Section 51.08.195, as
required to show that the services performed by Contractor under this Agreement
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 Gontractor's facilities and _
equipment. to ensure tha.t the piovisions of this Agreement are followed: Inspections shall
occur during normal business hours. The refusal of the Contcactor to permit such
inspeetions shall be a breach of this Agreement and ma.y result in immediate temunation
by the Gity. .
Page 15 of 17 ,
EIIIMIT B
COMPENSATION -
Charges by the,Contra.ctor far 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 *Rotator $224:00
Class B $194.00 *Rotator $270.00
Class B** $261.00 *Rotator $364.00 (30,000 pounds (lbs.) Gross Vehicle Weight Rating (GVWR), or more, with air brakes) ;
Class C $339.00 *Rotator $472.00 ~
Class S1 $567.00 40+Ton Rotator '
* The term "rotator" applies to any approved vehicle that has a rota.ting boom. The
cost of using a rotator, other than the S l will be its class rate plus 40 percent. Rotator
rates shall only apply if:
- The services are specifically requested by the legal or registered owner of the
vehicle, or the officer in chazge of the scene at the time of dispatch.
- After being dispatched to the scene, the tow opera.tor, 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 rota.to"r is actually used in the recovery:
The 30,000 lbs. GVWR or more with air brakes rates apply only if the vehicie
being towed has a GVWR between 26,000.Ibs. 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 GV WR of 17,000 lbs.
or more, Class "B" rates will apply if hauling Class "B" loads. Class "A" rates apply if
ha,uling Class "A" loads:
• Storage Rate: $41.00 per day
• Storage: Storage rates sha11 follow the guidelines set forth in WAC 204-9 1 A- 140.'
• Hourly Labor: Extra Registered Tow Truck Operator (RTO) Employee/Driver
$80.00 (per hour). (Based on %z the current Class A Truck Rate; must have
supporting documentation showing continuous employmeat.)
• Casual La.bor: Charges based on cost (must have supporting. documentation) plus 25
percent mark-up.
~ Auxiliary Equipment: Charges based upon the actual cost of equipment (must tiave
supporting receipt) plus 20 percent mark-up.
Page 16 of 17
• Handling and Disposing of Hazardous Materials: Charges based upon cost of
handling and disposing (must have supporting documenta.tion) 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 the material is used or not. This fee is included in the hourly rates listed
above.
• Future Increases: The Seattle-Tacoma.-Bremerton area Consumer Price Index for all
Urban Consumers (CPI-U) - Transporta.tion expenditure category will be utilized for
future increases/decreases in truck and storage ra.tes. Said increases/decreases will be
to the nearest whole dollaz 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 4635.063,
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 EquipmentlManpower: The registered or legal owner of a vehiele, the
contractor and/or the officer in chazge of the scene, where it is clearly apparent that
additional manpower and/or 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 aze provided as a result of "primary" (initial) or "secondary" tows as defined
in WAG 204-91 A-03 0.
Notwithstanding the provisions of Section 17 of this Agreement, the City may, by ,
unilateral action, prepare and adopt an addendum revising these rates at any fime to
reflect the maximum rates for such services established by the Chief of tfie Sta.te Patrol
pursuant to Washington Administrative Code Section 204-91A-140.
Page 17 of 17.