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HomeMy WebLinkAboutAuburn Valley TowingCITY OF AUBURN AGREEMENT FOR TOW CALL ROTATION LIST THIS AGREEMENT made and entered into on this � d y of M%� � , 2017, by and between the City of Aubum, a municipal coiporation of the State of Washington, hereinafter referred to as "City" and VA/.!�'�Ar�^�n`e�ERU'J�reinafter referred to as the "Contractor." �� 3'NL, na�- '/ W I T N E S S E T H: ►�fU Bv� V���' y� �/�� WHEREAS; the City is seeking vehicles towing services operating within Aubum 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; anii 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 setvices 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 mo4ed 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 azea by determining whether an abandoned or impounded vehicle is stolen prior to towing that veMcle, 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 on the mutua] benefits provided herein, and consideration of placement on the City of Auburn Police Tow Rotation List, the parties hereto agree as follows: Time for Performance and Term of AQreement. The Term of this Agreement shali commence on the date hereof and run for a period of one year; provided, this Agreemerit shall automatically renew for subsequent one-year periods upon the anniversazy of the date of ezecution unless one party provides the other with written notice of its intent not to renew at least thirty days prior to said anniversary date. 2. Administration of A�reement. Page 1 of 17 This Agreement shall be administered by�oNr� ����s{� , on behalfof the Contractor, and shall be administered out of the Contractor's 6illing office located within the City of Aubum, Washington, and by Bob Lee. Chief of Police, on behalf of the City. 3. Scope of Services. The Contractor agrees to perform in a good and professional manner the tasks described on Eachibit "A" attached hereto and incorporated herein by this reference, which shall be indiyidually referred to as a"task," and collectively referred to as the "services." The Contractoi 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, joint venture, employment or other relationship with the City. 4. Additional Services. From time to time hereafter, the parties hereto may agree to the performance by the Contractor of additional services with respect to related work or projects. Any such agreement(s) shall be set forth in writing and shall be executed by the respective parties prior to the Contractor's performance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper compledon and execution of an addendum (agr8einent for additional services), such addendum shall be iricoiporated 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 shal] be subject to the terms and conditions of this Agreement except where the addendum provides to the contrary, in which case the tercns and conditions of any such addendum shall control. In all other respects, any addendum shall snpplement 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 wntracts 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. Acceutable Standards. The Contractor shall be responsible to provide, in c.onnection 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 shali chazge and be compensated by the person(s), company(ies) or entity(ies) responsible for such chazges at the rates specified on Eictiibit "B" attached hereto and made a part hereof, as follows: Page 2 of 17 a. 'fhe City shall 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 inyoice or statemerit of time spent on those tasks or services set forth in Eachibit "A" for which the ContracCor 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, subject to any condirions 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 oi operated by the City, including non-imponnd vehicles towed or stored upon request of the City's Police Department and impounded vehicles; provided, for vehicles impounded for evidentiary purposes, the City shall pay such towing, storage, or impound fees that accrue from the time of imp.ound until the City of Auburn Police Depaitment releases its hold on such vehicles; and furttier provided, should a court of competent jurisdiction rule that an impound was improper, the City shall compensate the Contractor for such towing, storage, or impound in an amount found by said court. c. For any tow, storage, or impound fee not paid by the City, the Contractor may seek compensation from the owner of said vehicle at the rates specified 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'sRisk. 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 hereundei and shall utilize all protection necessary for that purpose. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 10. Stolen Vehicle Check. Prior to towing any impounded or abandoned vehicles from its existing location to the Contractor's Stoiage Lot or any other destination, the Contractor shall check the vehicle's identification numbers ("VIN") against the Washington $tate Crime Information Center ("WSCIC") and the National Crime Infonnation Center ("NCIC") stolen car databases, regazdless of whether such tow is undertaken pursuant to this agreement or is undertaken for any other customer either witliin or outside of the City of Aub.urn. Should the VIN of any such vehicle appear in either the WSCIC or NCIC database as stolen, the Contractor shall notify the Aubum Police Departmerit and/or any other law enforcement agency with jurisdiction over the vehicle's location or responsibility over the impound prior to towing the 4ehicle. Page 3 of 17 11. Records Inspection and Audit. All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accourits 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 o£ Performance. Iu 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 reguired to be given under this Agreement shall be in writing and shall be served either in person or by certified mail, return receipt requested, at the following addresses: Citv of Auburn Auburn City Hall 25 West Main Auburn, WA 98001-4998 (253) 931-3000 FAX (253) 931-3053 All such notices or communications shali be effective upon the date of receipt. � 14. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insuranc.e 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, and leased vehicles.. Coverage shall be written oq Insurance Services Off ce (ISO) form CA 00 O1 or a substituje form providing equivalent ]iability 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 Ol and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, and personal injury and advertising injury and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 Page 4 of 17 ll 85. There shall b.e no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse, or underground property damage. The City shall be natned 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 Insnred-Completed Operations endorsement CG 20 37 10 01 or substitnfe endorsements provicling equivalent coverage. (3) Workers' Comnensation coverage as required by the Industria] 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 prbperty 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 shall be in exc.ess of the Contractor's insurance and shall not contribute with it. (2) 1'he Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party except afier thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. e. Verification of Coverage. The Contractor shall fumish the City with documentation of insurer's A.M. Best rating and with original certificates and a copy of amendatory endorsements, including but not necessarily limited to the ad.ditional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Page 5 of 17 f. Subcontractors. The Contractor shall include all subcontractors as insureds nnder its policies or shall furnish separate c.ertificates and endorsements for each subcontractors. All covecages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. g. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit tHe liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 15. Indemnification. The Contractor shall indemnify defend and hold harmless the City and its officers, officials, agents and einployees, or ariy of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of the act or omission of the Contractor, its officers, agents; employees, or any of them relating to or arising out of the performance of this Agreement. If a final judgment is rendered against the City, its officers, agents, employees and/or any of them, or, jointly against the City and the Contractor and their respective officers, agents and employees, or any of them, the Contractor shall satisfy the saine to the extent that snch 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 frbm the concurrent negligenoe of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the pnrposes of this indeinriification. THis waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 16. Assignment. Neithei party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Ageement, or to cause any such liability or obligation to bereduced to a secondary liability or obligation. 17. Amendment, Modification or Waiver. No amendment, modification or waiver of any condition, provision or terrn of this Agreement shall be valid ar of any effect unless made in writing, signed by the party or parties to tie 6ound, 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 p.arty of any default of the other party shall not effect or 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. Page 6 of 17 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 ofthis Agreement through no fault of the party terminating the Agreement. The City may ternunate this Agreement upon not less than seven (7) days written notice to the Contractor if the services provided for herein are rio longer needed from the Contractor. The City may also terminate this Agreement immediately if the Contracfor breaches this Agreement or fails to comply with any of its terms or provisions, If this Agreeineut 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 Agreemeritshall be binding upon, and the benefits and obligatiops provided for herein sliall inuie to and liind, 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. 'I'his Agreeinent is for the exclusive benefit of the parties hereto and it does not create a contractua] relationship with or exist for the benefit of any third party, inciuding contractors, sub-contractors and their sureties. 20. Costs to Prevailing PartY In the event of litigation or other legal action to enforce any rights, responsibilities or obligations under this Agreement, the prevailing partie"s shall be entitled to receive its reasonable costs and attorney's fees. 21. Applicable Law. This Agreement and the rights cjf tlie parties hereunder shall be governed by and interpreted in accordance with the laws ofthe State of Washington and venue for any action hereunder shall be in King County, Washington; provided, however, that it is ageed and nnderstood ttiat any ajiplicable statute of limitation shall commence no later than the substantial comple.tiop by the Contractor of the services. 22. Cantions. Headines and Titles. All captions, headings or titles in the pazagraphs or sections of this Agreement aze inserted for oonvenience of reference only and shall not constitute a part of this Agreement or act as.a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Inteiprefation ar construction of this Agreement shall not be affected by any deternvnation as to who is the drafter of tliis Agreement, this Agreement having been drafted by mutual ageement of the parties. 23. Severable Provisions. Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. Page 7 of 17 24. Fntire A�eement 'This Agreement contains the entire understanding of the partigs hereto in iespect to the hansacfions contemplated hereby and supersedes ell prior agreements sud uadcrstandings between the parties with respect to such subject matter. 25. unte • This Ag�eenient maybe executed ia tnultiple coi�nterparts, each of wlrich shall be one �nd the same Agreement and shall b�ome effective when one or more counterparts bave been signed by each of the parties and deliyeted to t�e other party. IN WITNESS WHEREOF, the parties hereto have caused tlus Agreement to be executed effective the day and yeat first set forth above. CITY OF AUBURN Naiacy Bac ayor Attest: � � anielle , Daskam City Clerk CONTRAGTOR c�/_ l� *� BY' 1��1ESiDE�.� i (%1�t^Y /-i u�b �'CD�lc.O �� � Ptv$vf�.� (��-'�`� 1 `,v''`�� �oN/-��-� (_ . (�" RLYI C� Page 8 of 17 EXHIBIT A SERVICES & SCOPE OF WORK Swne of Services. The Contractor shall tow, stoie, protect, and release or otheiwise 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 toived by the City's Police Depaztment 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 companies that have entered into a City of Aubum Agreement for Tow Call Rotation List. d. Any City vehicles requiring towing services upon reque"st of authorized Cify personnel. The Contractor shall provide such ancillary services as set forth herein, as directed by the City, including, bnt not limited to the following: a. Compliance with all applicab.lebusiness and business licensing requirements of the City, State or other governmental body with jurisdiction over actidiries of the Contractor and Contractor's business(es); and b. PrompUtimely payment of all asse"ssments, costs, fees and taxes due in wnnection with Contractor's business(es). 3. The Contractor shall have the following equipment on hand for use in performing the contract: a. Sufficient Vehicles. Contractor shall have a sufficient number of tow trucks of _. _ _.. . _ _ _ _ adequate size and capacity, together with operating personnel, to respond to requests for services within the times specifie3 herein, including the following: (i) Class A and Class E, Tow Trucks. By ownership, lease, purchase coritract, the Contractor shall have at least one (1) Class A tow truck and one (1) Class E tow truck with drivers on call at all times. (ii) Class "B" Tow Truck. By ownership, lease , purchase contract; the Contractor shall at all times have available the use of a heavy-duty tow truck as defined by WAC204-91A-170 relating to Class "B" tow trucks as now enacted or hereafter ainended, together with a driver skilled and licensed in its operation. (iii) Class "C" Tow Truck. By ownership, lease, purchase contiact, or temporary use agreement, the Contractor shal] at all times have available the use of a heavy-duty tow truck as defined by WAC 204-91 A-170 relating Page 9 of 17 :'� 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 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 enabted or hereafter amended. c. Telephone. The Contactor shail have telephone equipment and service in proper working order at its dispatch facility twenty-foni (24) hours per day for sending and receiving calls. d. Facsimile. The Contractor shall have facsnnile equipment and service in proper wocking order at its dispatch facility twenty-four (24) hours per day for sending and receiving facsimiles. e. Two-Way Comxnunication. T'he Contractor shall have two-way communication, inclnding the following: (i) Radio. The Contractor shall 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, and/or (ii) Cellulaz Phone. The Contractor shall provide two-way cellulaz communication equipment and service in proper working condition to its dispatch facility and to each tow truck used to impound vehicles pursuant to this Ageement. Facilities. The Contractor shall have the following facilities available for use in performing the contract: a. Dispatch Facility. The Contractor shall provide a staffed dispatch facility twenty- four (24) hours per day seven (7) days per week, whioh shall be capable of receiving City requests for vehicle impound, towing, or redemption; verifying vehicle impounds and vehicle impound information; and dispatching personnel and equipment to the site of a requested impound or tow. From 8:00 a.m. to 5:00 p.m:, excluding weekends and holidays, the Contractor shall maintain an in-house dispatcher. From 5:00 p.m. to 8:00 a.m. the Contractor may utilize a hired dispatch service. b. Offices and Storage Lot. The Contractor shall, at al] times; maintain its billing offices and a storage lot within the corporate limits of the City of Auburn, and shall provide its local storage lot complying with all applicable laws, statutes, rules, and regulations, including zoning regulations, and no more than one-half mile walking disfance from a bus route. c. Delivery. Except as othenvise ditec.ted by the City, or its authorized representative, velucles impounded pursuant to this Agreement shall be towed directly to the local storage Page 10 of 17 lot. Privately-owned non-impound vehicles shall be towed to the location specified by the registered owner o.r other person responsible for the vehicle, or to the neazest storage lot if no other location is specified. d. Physical Condirions and Security. The Contractor's storage lot will be kept surfaced, gaded, drained, lighted, iri accordance with City codes, and free of obstacles and hazazds at all times, so that persons redeeming vehicles have safe and convenient access to the vehicles. The Contractor shall provide adequate secvrity 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 ci.ty ordinances, gates shall be securely locked at all tnnes when an attendant is not on duty on the premises, 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 prodidg adequate shelter at its storage lot for motorcycles, open convertibles, or other vehicles open and exposed to the elements, and will store such velucles under the shelter when reasonable or necessary to protect such vehicles. Approval Required. The storage lot will be subject to the initial and continunig approdal of the Chief of Police or designee, with respect to meeting the requirements of this Ag[eement. 5. Personnel. The qualifications for the Contractor's personnel employed in perforining this Agreement shall be as follows: a. Skill and Supervision.. The Contractor shall employ only persons competent and skilled in the performance of the work assigned to them and shall provide skilled, responsible supervisions and training for such pei�sons. b. License and Insurance Required. Any person operating a tow truck on behalf of the Contractor shall have a valid Washington Drivers License, shall have all licenses necessary to operate a tow truck in the State of Washington, and sha11 be insured according to the terms of this Agreement and legal requireinenfs applicable to the industry. c. Courtesy. The Contractor and its agents and employees shall be courteous at all times when performing work und.er this Agreement. The nse of abuside, indecent, offensive, coazse or insulfing behavior or language during the perforniance of this Agreement shall be deemed a violation of this Agreement. d. Appeazance. During the performance of this Agreement, the Contractor's pei-sorinel shall maintain a professional, personai appeazance, shall be dressed in clothing approved by the Contractor, and shall be free of excessive dirt, grease, and grime. The failure of tow truck operators to present themselves in a neat; clean and professional manner while p:erforming pursuant to this Agreement shall be deemed a breach of this Agreement. Page 11 of 17 6. Procedures. The Contractor shall institute the following procedures in performing the Agreement: a. Caze 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 caze. b. Response Time. The Contractor shall dispatch a tow truck to the location.specified by the City immediately upon receiving a request for iriipound/tow. A tow truck of tlie proper class shall afrive at the site of impound/tow within twenty (20) minutes of the time the Contractoi receives the impound request. In the event a Class C tow truck is necessary, a Class C tow truck shall arrive at the site of the impound/tow within thirty (30) minutes of the request. The Contractor shall immediately report any delay in response time due to heavy traffic volume or otherwise. c. Stocage. Ail vehicles shall be Handled and retnr�ied 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 or herea8er amended. e. Contesting the impound of a vehicle. At the request of the person redeeining the vehicle, the contractor shall 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 Coanty District Court with a written itemized accounting of tow and impourid chazges conformiqg to the Agreement rates, together with a copy of all documents generated and in the possession of the Contractor relafing to that tow. The contractor's representative will further testify and affirm that all documents provided to the court pursuant to this Agreement shall be accompanied by an affidavit ensuring that the information coqtained in such documents is true and correct, that the documents were prepazed 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 aze 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 shall not release a vehicle prior to the termination of any mandatory impound period absent an order from the Auburn Police Deparhnent, the King County District Court, or the Auburn City Attorney's Office. Prior to releasing any vehicle, the Contractor shall veri€y that the person redeeming the vehicle has a valid Washington Driver's License. The Contractor shall delivei possession of progeily redeemed veHicle not more than thirty (30) minntes after payment of the impound fee set forth in this Agreement or required by law. Page 12 of 17 g. Personal Property. The personal property and contents of towed or impounded vehicles shall be handled in the manner iequired by RCW 46.35.090, WAC 204- 91A-130; and any other applicable law, statute, rule, or regulation, as now enacted or hereafter amended. The City of Auburn will not accept personal property set forth in WAC 204-91A-130(1)(a)- (m). The property/evidence officer must be contacted before any property is brought to the police station. City of Aub:iirn peisonnel will not transport the property. Copies of the Veliicle Inyentory and Authorization/Impound forius must accompany the property when submitted by Contractor to the property officer. h. ?.baridoned Vehicles. The Contractor shall dispose of abandoned vehicles in the possession of the Contractor pursuant to all applicable laws, statutes, rules and regulations. i: Removal of Junk Vehicle or Parts Thereof. Upon receipt of a"Junk Vehicle Verification, Notification and AffidaviY' form oi its equivalent from the Auburn City Police Department; the Contractor shall remove the designated junk vehicles or parts theieof to a disposal site. Costs of such removal shall he recovered by the Contractor in accordance witli RCW 46.55.130 as now enacted or hereafter amended. j. Refusal of Service: MotorhomeBoat Iinpounds/Junk Vehicles. The Aubum Police Department will maintain a rotational list of tow cdmpanies that aze eligible for being called to the scene of an abandoned motorhome or boat (or other oversized vehicle) as well as jnnk abandoned vehicles pazked in the city right of way. In general, tow companies will only be called to remove such vehicles during normal business hours; however, the Con;ractor will understand that certain situations require the removal of these vehicles outside of norma] business hours, and a request for such is not deemed to be unreasonable: The rotational ]ist will be established as to not buzden any specific or particulaz bnsiness, but instead, develop a system of fairness so that the eosts associated with this service deliyery are equally distributed amongst active contractors. The department shall make a good faith effort to assist in recoveringi8asonable fees from the registered owner of junk and/or abandoned vehicles. Members of the department will follow protocols established under RCW 46:55.230 (6). Refiisal of Service Procedure. Officers impounding vehicles by use of the rotation will contact Records and cheok to see which company is next on the rotationallisUboazd that will be prominently displayed in the records area near the CDO notification board. Contractors that refuse to respond or claim to be otherwise unavailable to respond will have tHeir response and reason documented. Contractors that fail to respond to a request twice in a 30 d.ay period will be removed frbm the regulaz rotation for a period of 30 days. If a Contractor has two 30 day suspensions from the rotation within a 12 month rolling calendar, they will be automatically removed from the regular rotation list by the Chief of Police or his designee. The Traffic Unit will be responsible for maintaining the log for Contractor response as it applies to this section and notifying the Chief of Police of any issues. k. Receipt. The Coritractor shall prepare a receipt using uniform, sequentially numbered fomis for every irripounded vehicle which ]eaves Contractor's possession. The Contractor shall deliver one (1) copy of the receipt to the person to whom the vehicle is delivered and Page13of17 shall keep one (1) copy, filed in the order of the receipt number. For the purposes here.of, the stored copy may be stored in electronic format. The receipt shall state: (i) The date and rime of delivery to the claimant; (ii) The name, address, and Washington State (or other State) driver's license riumber of the person to whom it is delivered; (iii) Tlie name and address of the employer or principal of such person, if such person is the agent for the registered owner or purchaser of the vehicle; (iv) The name and address of the vehicle's registered owner at the rime of nnpound, if known; (v) Either: a. an itemized statement of the impound, storage, apd extra charges collected by the Contractor, if redeemed by payment of charges; or b. a complete statement of moneys or other consideration paid for the vehicle if sold; (vi) The signature of the person to whom it is delivered acknowledging such delivery and p.ayment, if any; and (vii) The signature of the Contractor's employee making such delivery and receiving such payment, if any. 1. Records. The Contractor shall keep all records pertaining to vehicles impounded pursuant to this Agreement for at least three (3) years following the expiration or termination of the Agreement. The Contractor shall keep the records in an orderly 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 having chazge of the records aze present at Contractor's billing office. i. Upon reqnest by the Aubum Police Department or the Auburn City Attomey's Office, the Contractor shall provide information of veHicles impounded because the driver had a suspended license, if that infomiation 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. m. 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 resniting Page 14 of 17 from a collision inyolving the vehicle, before towing the vehicle away. T'lie Contractor shall dispose of all such debris in a lawful manner. n. Complaints, The Contractor shall promptly and courteously r8spond to complaints. This shall include furnishing a complainant with coptact information for the Contractor's insurance company and its claims agent if requested. 7. Coritractoi taMaintain Recoids to Support Independent Contractor Status: On the effective date of this Agreement (or shortly thereafter), the Contractor shall: a. File a schedule of expenses with the Intemal Revenue Service for the type of business the Contractor conducts; b. Establish an account with the Washington State Depaztment of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier riuinber from the State of Washington; Report local sales tax as code 1702 (Aubum/King);and c. Maintain a sepazate set of books and records that reflect all items of income and exgenses of Contractor's business, all as described in RCW Section 51.08:195; as required to show that the services performed By Contractor under this Agreement do not give rise to an employer-employee relationship which would be subject to - RCW Title 51; Industrial Insurance. 8. Right to Inspect. The City shall have the right to inspect the Contractor's facilities and equipment to ensure that the provisions of this Agreeinent are followed. Inspections sflall occur during normal business hours. The refusal of the Contractor to pertnit such inspections shall be a breach of this Agreement and may result in immediate teimination by tHe City. Page15of17 EXHIBIT B COMPENSATION Charges by the Contractor for towing stocage, and other services pursuant to this Agreement shall not exceed the following amounts: TRUCK RATES: (Per Hour) CLASS A,D&E $170.00 *Rotatoi $238.00 Class B $205.00 *Rotator $287.00 Class B** $276.00 *Rotator$386.00 (30,000 pounds (lbs.) Gross Vehicle Weight Rating (GVWR), or more, with air brakes) Class C $358.00 *Rotator $501.00 Class S1 $598.00 40+Ton Rotator * 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 requested by the legal or cegisteied 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. GV WR or more with air brakes rates apply only ifthe vehicle being towed has a GVWR between 26,000 lbs. and 33,000 lbs. Class E& S rates shall hav8 a maximum rate appropriate for its GVWR and be consisterit with the above schednle. For exaznple, if an "E" or "S" truck has a GV4VR 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: $45.00 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 $90.00 (per hour). (Based on %z the current Class A Truck Rate; must have s.upporting 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 20 percent mark-up. Page 16 of 17 • Handling and Disposing of Hazardous Materials: Charges based upoii cost of handling and disposing (must have supporting documentation) plus 20 percent mazk-up. • Fee for Absorbent Materials: Tow operators will receive an additional $5.00 per hour fee for cazrying and use of absorbent material for fluid spills. This fee will be granted whether thematerial is used or not. This fee is included in the hourly rates listed above. Fnture Increases: The Seaftle-Tacoma-Bremerton azea Consumer Price Index for all Urban Consumers (CPI-U) — Transportation expendihue category will be utilized for future increases/decreases in truck and storage rates. Said increasesLdecreases will be to the neazest whole dollar and shall be made automatically on October 15 of each yeaz, 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 acwrdance with RCW 46.55.063, any changes to the wntractor's feeschedule must be filed with the Department of Licensing and mnst be in accordance with Aubum City Ordinance No. 6110�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 EquipmenUManpower: The registered or legal owner of a vehicle, the contractor and/dr the officer in charge of the scene, where it is clearly apparent that additional manpower and/or awciliazy equipment is needed, must authorize extra labor or equipment as outlined in WAC 204-91A-140(d). Application of Rate Maximums: T'hese rate maximums shall apply whether the services are provided as a result of "primary" (initial) or "secondary" tows as defined in WAC 204-91A-030. Notwithsfanding the provisions of Section 17 of this Agreement; the City may, by unilateral action, prepare and adopt an addendum revising these rates at any time to reflect the maximum rates for such services established by the Chief of the State Patrol pursuant to Washington Administrative Code Section 204-91A-140. Page 17 of 17