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,
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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:
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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.
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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
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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
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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
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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
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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.
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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.
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