HomeMy WebLinkAboutRick's Two Way Towing LLCExhiiiit "A" to Resolution No. 5280
CITY OF Ai,TBURN
AGItEE1VIENT FOR TOV6� CALL 1tOTATION LIST
TH� A(}REEMENf a►ade atid entefed into'on th{s _Z day'of __� c_ 2017,
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�iy and betwe� t�+e City of Anbum� a municipal co�poration oi the State of Wesluogton,
hereinafter referred to as "City" and C�.'C�f s��• WwTi..�.fhereinafter referred w as the
"Contractor."
WITNESSETH:
WfiEREAS, the City is seeldng vehicles towing services operaflng within Aubea for a
roSation t�st to be cai�cd w1�en a potice oE�ces co�tes �eaoss tlae siEnalion where a cilizen's ve6i�ie
must be towed or moved; and
WF�REAS, the City has selected the Contracto; w perform such services pursvant to
certain terms and co.nditions; and
WHEREAS; the Conriactor is qualified end able to provide such services and is willing
aad agreeable to provide siich services upon the terms and conditions herein contained; and
WHER�AS, as part of the consideration of being selected to provide such services, the
City is asldng thaYthe Contractor agree to provide towing serviees upon the terms and conditions
herein contained when summoned by the City's Police Degartinent on behalf of or at the direction
of the owi►er oi operator of a vehicle, or 'is such otlier circumstances when velueles need to be
mn4ed in corinection w'►th a police responuse oz accident� and
WHEREAS, as finther part of the consideration of being selected to provide such services,
the City is asking that the Contractor agi'ee ta assist law enf6rcement in the Ciry and in the
surrounding ares by det�ni�nin whether an abandoned oi impounded vehicle is stolen prior to
towing tfiat velucle, so that law enforcement can be alerted to stolen vehicles as qui¢kly a5 possible;
and
Wf�REAS, the Contraetor is a registered tow truck operator (RTTO) per Chapter 46.55
of the Revised Code of Washington (RCR� and is iviliing and able tb proVide the services
described hecein.
NqW, T`HEREFORE, based on the mntual benefits pfovided heiein, and coasideietion of
placement on the City of Aubum Police Tow Rotation List, the parties hereto agree as follows:
]. Time for Performance and Term of Asree�neut
The Term of this Agreementshall commence on the date hereof and run for a period of one
yeac; ptovided, this A�reement shall automatically renew for subseqUent one-yesr periods
upon the anniversary of the date of execution unless one party proyides the other with
written aodce of its intent not to renew at least ttYirty days prior to said anniverg.ary date.
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2. Adminishation of Aereement.
This Agreemeat shall be admuustered by / G� i t l'Y%��L= , on behalf of
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the Contractor, and shall be adqoinisteied out of tlie Contractor's billing offce located
witlun the City of Auburn, Washington, and by Bob Lee. Chiet of Police, on behalf of the
City.
3. Scope of Services.
The Contracfor agees to perform in a good and professional manner the tasks ciescribed
da Eaihibit "A" attached hereto and incorporated herein by this referenee, wtrioh shall be
individually referred to as a``taslc," and collectiVely referted to as the "servicCs." The
Contractor shall perform the services as an independent contractor and shall not be deemed�
by virtue of this Agreement end the peiformance thereof, to l�ave entered into any
partne�ship, joint venture, emptoyment or ot�er re'lations'hip witd� ahe City.
4. Additional.Services.
From time to time hereafter, the parties hereto may agi�ee to the perfoimsnce by the
Contractor of additional services with respect to related work or p;ojects. 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 tliei�e under, except as may 6e
provi8e� to the contiary in SecCion 3 ot ESsis Agrcemen� i.Ipon P�P�' �Pk� �d
execurion of an addendum (agieement for additional services), such addendum shall be
ineorporated into this Agteemeat aad shall have the same force and effecl as if the terms
of such addendum were a part of this Agtee�ent as originally executed. The performance
of seivices pursuant to an addendum shall be subject to the terms and c6bditidns of tlris
Agreement e�icept where the addendum provides to the contrary, in which case the terms
and conditions of any such addendum §hall cdntrol. In all other respects, any ad"dendum
shall supplement and be construefl in accordance widi the terms and condidons of titis
Agc�eement
5. This Contract Not Exclusive The Contractor agees that the City tttay at its sole ogtion
enter conh�acts with one or more other tow companies for the services contemplated and
desciihed ia this Agiee�uent
6. Contractor's Re�mmsentations.
The Contractor hereby represents and warranu that the Contracto; has all necessary
Iicenses and eertifications to perform the services provided for herein, and is qualified to
perform such services.
Ac�iable Stsndards..
'I'he Contractor shall be responsible to provide, in connection with the services
contemplated in this Agreement, Work Product and services of a quality and professional
standard acceptable to the City.
8. Compensation.
The Contractor shall charge and be cornpensated by the gerson(s), company(ies) ot
enthy(resJ responsible for such ctiarges at the iates specif ed on Exhibit "B" atiachod hereto
aad me�e a pse� Esenrof, as €ol�ows:
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a The City shall compensate the Conhactor at the rates specified on said Exhibit "B"
for any City vehicles towed or stored upon r8qnest of authorized Ciry pecsonnel.
Tl►e Contiactor shall submit to Nie City an invoice or statement Qf time spent on
those tasks or services set forth in Exhibit "A" for which the Conuactor seeks
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payment. The City shall pxocess the invoice or statenient in tlie next bilIing/ctaim
cyck>fo13owing receipt off t�tie ynvoice or stateme�, au�d`s�retnit ytayme� to t�e.
Cont�aator thereafter in the nom�al cowse, subject to any conditions or provisions
in tbis AgreeIIient.
b. Unless agreed to in writing prior to the tow of a velricle, the City shall not be
;esponsible for towing, storage, or impound fees for any velucle not owned or
operated by the City, including non-impound vehicles towed or stored upon request
o�'the Ci'ty's �dlice'�epatmme� azid ��oiatded vet�ides;•�rovided, for vehicies
impounded for evidentiary purposes, the City shall pay such towing, storage, or
impound fees that accrue from the time of impoand until the City of Aubwn Police
Departnient releases its hold on such Vehicles; and further provided, should a. sourt
of coinpetent jurisdiction rule that an impound was improper, the Gity sball
compensate the Contractor fOr such towing, storage, or impound in an amount
found by said court:
c. Fot any tow, storage, or iaipound fee not paid by the Ciry, the Contractor may seek
compensation from the owrler of said vehicle at the rates specified on Exhibit "B,"
aad may take such othet steps as may be suthorized by law to obtain coinpei�sation..
d. The r�tti.rements hereof ate supple�paemtal and in addition to any reguirements
imposed on tow truck opetatois by federal, state and/or local law; including; but
not liarited to the provisions of Chapter 46.55 of the Revised Code of Weslrington
( RCVi�, Towing and Impaundment.
9. Work Performed.at Contiactor's Risk.
The Contractor shall take sIl preoautions necessary for, and shall be respongible for; the
safaty of its eanploYeae> ag�Ne> end euhcaatra�tors ia Ehe p@;fQrntance of the wo;k
hereunder and shall utilize all Drotection necessary for thaf purp.ose. All work shall be donc
at the Contractor's own risk, and the Contractor shall be responsible for any lo.ss of or
damage to materials, tools, or other articles used or held for use in connection with the
work.
10. Stolen Velricle Check. Prior to tow'ing any impounded or abandoned vehicles &om its
exisdng locetion to the Conha�bar's 8torage IAt or atty other destit►e�ion, the Cflntxactior
shail check the velucle's ideatification numbers ("VIN'� against ashingto
the W n State
Crime Information Center ("WSCIC") and the National Crime Informa6on Center
("NCIC") stolen car databases, =egazdless of wFiether such tow is undertaken putsusnt to
this agreement or is undertakan for any otliet customer either within or outside ofthe City
of Aubum. Should the VIN of any such vehicle appear in either the WSCIC orNCIC
database as stolen, the Contractor shall notify the ?iubum Police Depaitmeat and/or any
other (aw enforoemeaf agency with jurlsdic.Hon over the velricIe's locafion or responsibllity
over t6e �po�prios to tow�g the veleicDe.
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11. Records Insnection and .Audit.
AIl compensation payments shall be subje¢t;o the adjusGnents for any amounts found upon
audit or otherwise to have been improperly invoiced, add ail rocords and books of accounts
pertaining to any ivork perfo=med under this Agreement shall be subject to inspecdon and
audit 1iy the City for a period of up to three (3) yesrs 5rom the 8nai paymenf for ivork
performedunder t6us Agreement:
12. Continuation of Performance.
In the everit tliat any dispute or conflict arises between the parties while this Contract is in
effect, the Contractor agrees that, notvyithstanding such dispute or conflict, the Confraetor
shall continue to make a good faith effort to cooperate and contiriue work towardsuocessfiil
eompletion ofassigned duties and responsibilities.
13. Notices.
All norices or communications permitted or required to be given under this Ag�eement
shall be in writing and shall be served either in peison or by certified mail, return rece'ipt
reguested, at the following addresses:
Citv of Aubum Contiactor
Au�,�r� c�y, i� Ricks 1wo Way Towing, LL-C
25 West Main U� 08d SW, Ste-A
Auburn, WA 98001-4998 Aubum, WA Au� WA 8� j
(253) 931=3U00 FAX (253) 931-3053 17��� a�e���
Aj] s�ucll �vtices nr �nmmunic$tio�s sl�U be effeciive upon the date of receipt.
14. Insurance:
The ContracWr shall procare and mA+„tA;n for the duration of the Agreement, insurance
agaiust claims for injuries to persons or damage to property which may arise from or:ia
connection with the performance of the work hereiinder by the Conttactdr, 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 velucles. Coderage shall be written 6n Insurance
Services Office (ISO) form CA 00 Ol or a substitute form p;ovidiag
equivalent liability coverage. If necessary, the policy shall be
endorsed to pxovide contractual liability coverage.
(2j Commercial General Liabilitv irisurance shall be written on ISO
occiu�rence form CG 00 Oi and shall eover liability arising from
premises; operations, independcnt contractois, products-completed
operations, stop gap liability, and personal injury and advertising
WIu�Y � li�bilitY assum�l utuiet' aA insuted cantract. The
Commereial Creneral Liability 'insurance shall be endorsed to
provide the Aggregate Per Project Endorsement ISO foma GG 25 03
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t 1 85. There shap be no endorsement or modifica6on of the
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Commercial Cieneral Liability insurance for liability arisiag frbm
ezplosio�, collapse, or underground property damage, The City
shali be named as an additional insured under the Con�actor's
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Commercial General Liability insurance pol.icy with respect.w the
work perfornte� 1br t�e Cilq using 1S0 Add�tionaC Bosmed
Endorseinent CG 20 10 10 01 and Additional Insured-Completed
Operations endorsement CG 20 3710 Ol or substitute endor�ements
providing equiyalentcoverage.
(3) Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
b. Minimum Amounts of Insurance. Contractor shall maintain the following
insurance limits:
(1) Automobile Liability insuranee with a minimum combined single
limit for bodily injury end property damage of $1,OOO,U00.00 per
occurrence, $2,000,000.00 aggregate.
(2) CommeIcial General Liabilitv insuraace shall be written with lunits
no less than $1,OOU,000.00 each occurrence, $2,000,000.00 general
aggregate and a$2,000,000.00 products-completed operations
aggregate limit.
c. Other Insurance Proyisions. The insurauce policies are to contsin, or be
endorsed to eontaiiy t�e fo�lowing provisions for Autoino'bi�e i.iaA�iiity;
Professional Liability, and Commercial General Liahility insurance:
(1) The Contractor's insurance coverage shall be priivary insuiance as
respects the City. Any insurance, self-in§iirance, or insurance pool
cavera�e mainfained by the City sk[all be in exeess of the
Contractbr's insucance and shall not contribute with it.
(2) The Contraotor's insuiance shall be endorsed to state that coverage
shall not be cancelled by either party except after thirty (30) days'
prior written notice by certified mail, retutn receipt requested, has
been given to the City.
d. Acceptabiliry of Insurers. Insurance is to be placed with insurers with a
cuaent A.M. Best i�ating of not less d�an A:VII.
e. Verification of Coverage. The Contractor shall fiunish the City with
documenta6on of insurer's A,M. Best rating and with original certifioates
and a copy of amendatory endorsemer�ts, including but not aecessarily
lunited to the additional insured endoisement, evidenaiAg the inanran�
requirements of the Consultant before commencement of the work.
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f. Subcontractors. The Contractor shail inciude all subcontractors as insureds
und.er its policies or shall furnish separate certificates and eadorsemebts for
each subcontractors. All coverages forsubcontractors shall be subject to all
of the same insurance requirements as stated herein for the Gontra¢tor:
g. AYo ifrnitation Gonttactor's mamtenance off insurance as reguired Hy Y�He
agreement shall not be conshiiad to limit the liability of the Con�acYor w
the coverage provided by such insurance, or otherwise limit the City's
recouise to any remedy availabl.e at law or ia equity.
j j, Ind�n' Cation.
The Contractor shall indemnify defend and hold harmless the City and its officers, officials,
agents and empioyees, or any of them &om any and all claims> actions, suits; iiabi�ity,loss,
costs, expenses, aad damages of any nature whatsoever; by any reason of or arising out of
the act or omission of ttie Contractor; its officers, agents, employees, or any o£them relating
to or erising out of the perFormaace of Uus Agreement. If a finel jud�nent is rendeced
against the Ci4y, its officers, ageuts, eniployees and/or any of them, or jointly againsi the
City aad th� Contreatar aniiiheir ieisgectiv� nfftcere, agents and et�gloyees, or any ofthem,
the ContracWr ahall satisfy the same to the exteut Ehat such judgment was due to the
Contractor'.s negligent acts or omissions:
Should a court of competent jurisdiction detefmine 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 properry causqd by or resulting from. the concurrent negligence of the
Co�luactor atid ttie Ciry, its officers, officials, employees, and volunteers, the CqntracWr's
liability hereunder shall be only to the extent of the Contraetoc's negligence. It is fiuther
spe�i6eaity and expressly understood that ffie indemnification grovided•herein constitutes
the Coatractor's waiver of imtnunity under Industrial It�Suran¢e, Title 51 RCW, solely for
the pucposes of this indemnificatioxi. 'This waiver has been mutually negodated by the
parties. The provisions of t}us s.ection shall survive the expiration or termiitation of this
Agieement.
16. Assianment.
Neither party to this Agreement sha}1 assign any right or obligation hereunder in whoYe or
in part, without the prior written consent of the other party hereW. No assignmeat or
transfer of any iateiest under this Agreem�nt shall be deemed to release the assignor fiom
any" liability or obligation under this Agreemeat, or to cause any siich liatiility or obligation
to be reduced to a secondary liability or obligatioa.
17. Am Modification or Waiver..
No amendment, modification or waiver of any condition, provision or tetm of this
Agreement shall be valid or of any effect unless made in writing, signed tiy the pacty oi
parties to be bound, or sueh parry's or parties' duly aiithorized representative(s) and
specifying with particularity the nature and 6xfent of snch amendment, modification or
waiver. Any waiver by any party of suy default of the other party shall not effect or i�pair
any dght arisiag from any subseziueat defauit. Nothutg herein shatl timit the re,�+edios ar
sig�is o�'t6e parlies i�ereto tmder and pursvant fo tiiis Agreement.
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18. Tetmination and Susoension.
Either party aiay terminate this Agreement upon written notice to the other party if the
other party fails substantially W perform in accordance with the terms of this Agreeinent
through no faalt of the paity ternrinating the Agreement
'F'�e Eity may ierii�inate t6us Agreemem upon no� less th�n seven F�7) days viwii�ttea �rti�ee 40
tlie Contracto.r if the services provided for herein are no longet neeiied from the Contractor.
The Gity may also teiminate this Ageement immediately if the Contractor breaches this
Agreement or fails to comply with any of its terms or provisions:
If this Agreement is terminated th;ough no fault of the Contractor, the Coahactor shall be
comgensated for services performed prior to termination .in accordance with the rate of
compensation providedl in E.�'tbit "B" �ereo£
19: Farties in Interest.
_
This Agreement shall be binding upon, and ihe benefits and obligations provided for herein
shall inure to and bind, the parties hereto and their respective successors and assigns,
provided thaY this section shall not be deemed to permit any transfer or assiggunent
otherwise pmhibited by this Agreeinent 1'his Agreement is for tT�e exctusive benefit of
t�e parties hereto and �i does noti create a coMractuaA rel�eionship witt� or earis! Fqr t�
benefit of any third party, including cont;actors, sub-contractors and their siueties.
3U. Costs-to.P.revailin¢ Partv.
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In the event of litigation oi otlier legal action to enfoi�ce any rights; responsibilities or
obligations unilei t]us Agreement, the prevailing parties shall be erititled to receive its
reasona6le eosts and attorney's fees.
2i. �icabie:,Law.
This Agreement and the rigtrts of the parties hereunder sl�all be governed by and interpreted
in accordance iuith the laws of the $tate of Washington and venue for any action hereiinder
shall be in King Connty, Washington; provide_d; however, that it is sgreed erid understood
that any applicable statute of lunitation shall commence no latei than the substantial
cjomgletion by the Gontractor of the servi¢es..
32. �aptions. Headin_¢s an�'Fitks:
All captions, headings or titles in tha para�aphs or sections of this Agreement aze inserted
for convenience of refeience only and skall not constitute a park of this Agreement oi act
as a limitation of the scope of the particularparagraph or sections to which they apply. As
used herein, where appropriate, the singnlar shall inclnde tlie plural and vice versa a�d
masculia�e, feminine aild noutei expressions shall be interchangeable. Intecpretafion or
construction of this Agreement shall.not be affected by any detemunation as to wHo is the
drat%r of this Agceement, this Agreemeiu having been drafted by mutuai agreement bf the
parties.
23. Seveiable Provisions.
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Each provision of this A�eement is intended to be severable. If any provision.hereof is
illegal or iscvalid for �y;esas�n wh.eteoaver, such illegalitty or invalidity shaU not �eet the
validity of the remainder of this Agceemerit.
Paga 7 of 17
24. EntireA�eement.
Tlus Agreement coritains the entire uaderstanding of the parties hereto in respect to the
tiansactions contemplated hereby and supersedes all prior agreemenu and understandiags
betw�n the parties with respect to such subject matter.
25. Go�mterpmis.
This Agreemeat may be ezecuted in multiple counterparts, each of which shall be one and
the same Agreemeat and shall become effective whea one or more counterparts have been
signed by each of the parties and delivereci to the otk►er party.
IN WITNESS WHEREOF, the parties hereto have causeii this Agreement to be executed
effective the day and yeati first set forth above.
CITY OF AUBURN
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CONTRACfOR
'
�' ` �/chj'e js'l�G�L C
R�ck's TWvo Way Towing, LLC
101 Lund Road $W, Ste A
Aubum, WA 98001
(253) 632-4183
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EXHIBIT A
SERVICES 8c SCOPE OF WORK
Scope of Services.
F. Tlie Go��r s�a�Ftow, storc, pro�ecf, midreiease or otiEierwise d�spose ofs
a, Ve.hicles ordered impounded by the Police Department.
b. Vehicles otherQvise ordeced to be towed by the City's Police Department.
c. Velricles requgsted to be towed by the City's Police Depaztment on behalf of a
vehicle's owner an�lor operator, wtho �►as uio �ow company �erence. "the nex3
available contractor will be selected from a towing rotation list of City-licensed
tow companies that have ente=ed into a City o.f Aubum Agreement for Tow Gall
Rotation List:
�. Apy City xehicles requiring to�ving services dpon request of authorized City
personnel.
2. The Contractot stfall provide such ancillary serviees as set forth herein, as dirested by the
City, including, b.ut not limited to the following;
a Gompliance with all applicable businessand business licensing requirements of the
Cii3�, Siafa or other govemmental .body with jurisdiet,iop over activities of the
Conh�actbrand Contractor's business(es); and
b. Prompt/timely payment of a11 assessmerits, eosts, f�s and taxes dne in oonnection
with Contractor's business(es).
3. Tlie Contiactor shall have the following equipment on hand for use in performing the
conf�acf:
a. Sufficient Vetucles. Contractor shall have a sufficient numbec of tow trucks of
adequate size and capacity, together with operating personnel, to resgond to requests for
serdices within the times specified lierein, including the following:
(i) Class A and Class E Tow Trucks. By ownership, lease,. pnrchase con4aot,
the Coairactor shall have at teast nne (lj Ctess A tow iruek and one (I)
Giass E mow � wit� dtivers on cail at all times.
(ri) Class "B" Tosv Truck. By ownership, lease , purchase contract, the
Contractor shall at all times haye availa,ble the use of a heavy-duty tow t�uck
as defined by WAC 204-91A-170 relafing to Class "B" tow hucks as now
enaeted or hereafier amgncled, together with a driver skilled andlicerised in
its operation.
(iii) Class "C" Tow Truck. By .ownersTup; Iease, purchase contract, or
temporary use agreemen�, 9Ae �omraetor sHaA` a� aI� t�snes �ave avai�abte
the use of a heavy-duty tow truck as defiaed by WAC204-91A-170 relating
Page 9 of 17
:�
to Class "C" tow ttucks as now enacted or hereafter amended, together with
a dciver skilled and licensed in its operation.
6. �'ow 'Frucks must be approved aub eerF'r�°6y t�e R'ffiBingto� S�tie Pa1�oF� see
forth in WAC 204-91A-050 and170 and vehicles ttiust reflect the appropriate signage per
WAC 308,61=115, and must comply with any other applicable law, statute; or rule as n.ow
enacted orheTeafter airiended.
c. Telephone. The Contactor shall have telephone equipment and service in propez
working order at its dispatch facility tweaty-foiu (24) houTs pet day for sending and
receiving caQ4s.
d. Facsimile. The Contracto.r sha11 have facsi�s►ile equipment and ser4ice in propei
worlang or.der at its dispatch facility twenty-four (24) hoars per day for sending aud
reeeiving facsimiles.
e. Two-Way Coaununication. The Contractor shall have two-way commwucation,
iacluiling the fotlowing:
(i) Radio. The Cont�actor shall provide two-way radio
comniunications equipment and seryice in proper working order be4ween
its dispatch facility and each tow truck used to impound vehicles pucsuant
to Uris Agreement, and/or
(ii) Celtutar �'hone. 'Y4�e Conrractor s1�a1� provide two-way ecilniar
communication ecjuipment and service in proper working condition to its
dispatch facility and to each tow truck used to impound velucles pursuant
to this Ageement
Facilitias. 'I'he Canlracttu sh�ll have the following fac�lities available for use in petfornung
the contract;
a Dispatch Facility. The Contragtor shall provide a staffed dispateh facility twenty-
four{29) hours pei� day seven (9) day§ per week, w}uch shall be capable of reeeiving City
requests for vehicle impound; towing, or redemption; ver'tfying vehicle impounds and
ve}ricle impound inforination; and dispatching personnel and equipment to the site of a
r��d irnpouud or tow. Fina� 8:AO am, co 3;00 p�m., e�luding w�ekende end bnlidays.
the Contractor shall maintain an in-house dispatcher. From 5;00 p.m. to 8:00 am. the
Coatiact6r may utiiize a hired dispatch service.
b. Offiges and Storage Lot. The Contractor shall, at ail times, maintain its billittg
offices and a storage lot witHin the cotporate limits of the City of Aubum, and shall provide
its local storage l.ot coinplying with all applicable laws, statutes, rules, and regulations,
iticl�ing zoning ragulations, and na more than one-half mile wAlidng distance &om a bus
route.
c. Delivery. Except as otherwise directed by the City, or its authorized representa;ive,
vehicles impoundecl gursuant to this Agreement shall be towed directly to the local stprage
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lot.. Privately-owned non-impound vetricles shall be towed to the location specified by the
registered owner or other person responsible for the velucle, or w the nearest stoIage lot if
no other location is specified.
d. Physical Conditi6ns and Security. The Contractor's storage lot rvill 6e kept
surface� gradeck disine�' � np a�wrdfnnce wN� �Fy cod�s, ��ee of
obstacles and hazards at all times, so that persons redeeming vehicles have safe aad
convenient access to the vehicles. The Contractor shall provide adequate security
at its storage lot to prevent loss or damage to vehicles or their conterits. All such
lou shall be screened and fenced in accordance with state 1aw and city ordinances,
gates shall be secuiely locked at all times when an attendant is not oa duty on the
premises, and all vehicles shall be locked; if possible. The Contractor shall als.o
compty to @►e extent reasonabiy possible wi� other or speci!fic requesCs �'or security
measures by the Police Department.
e, Shektered Space. The Coatcactor shail provide adequate shelter at its storage lot for
aaiot6rcycles, open conveitibles, or other vehicles open and exposed to the eleinents,
and wiU store such vehicles itnder.the shelter when reasonable or necessary tb
protectsuch vehicles.
App=oval Required. The storage lot will be subject to the inidal and continuing
approval of the Chief of Police or desigiee, with respect to meeting the
requirements of tlris A�eement.
5, Persannel. Tl� qualiiiaatione for tl� Cont�tor's pereonnel smployed ir� perforu►in$ ilus
Ageement sha11 be as £ollows:
a Skill and Supecvision. The Contractor shatl employ only persons competent and
skiped in th.e performance of ttie work assigned to them and shall provide skilled,
responsible supervisions and t�aining for such persons.
Ti. License and Insura5ce Reqt#ited. Any person operatiug a tow tcuck on bd�aif of
ehe Coatractoa sie�ll laave a valitl Washin8tan Urivess Licence, shall have all
licenses necessary to operate a totv truck in the State of Washington,:8nd shall be
insured according to the terms of this Agreement and legal zequiremems applicable
to the industry.
c. Courtesy. The Coniractor and its agents and employees shall be coyrteops at all
times when performing wbrk imder this Ageeement. The use of abusive, indecent,
o�sive, co�se oz ias�ting �ehavior or ��sguage dur'sng the �erfonnance of this
Agreement shall be deemed a violation of this Agreement.
d. Appearance. During the performance of tlris Agfeement, the Conh�acWr's
pers6nnel shall maintain a professional, personal appearance, shall be dre�sed 'u►
clotlung approved by the GontracYor, and sha116e free of excessive dirt, gtease, and
gcimo. The fail►ue of tow.tcuck oparawra tu pte�seut th�selves 'tn a neet, cles�u anii
professional manner wlule perfoiming piusuant to this Agreement sball be deemed
a breach of this Agreement.
Page 11 of 17
6. Procedures. The Coahactor shall institute the following procedures in peiforming the
Agreement;
a Carc and Ski1L The Contiactor shall use reasonable care and sldll in towing and/or
impounding vehicles and will not damage them through lack of reasonable care.
b. R,o�oa� "Ci�e. 'ihe Coartac0or shall dis�atch a w�y t�ucic w xhe location specified by the
City immediately upon receiving a request for impound/tow. A tow Uuck of the proper
class shall arrive at the site of'impound/tow within twenty (20) minutes of the time the
Contcactor receives the impound request In the eveat a Class G 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 trat�c volume or odiervvlse.
c. Storage. All yehicles shall be handled and retiimed 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 velricle is impounded, the Contractor will notify the legal
owners pursuaM to tl►e seq�ureme� df �CW 46.SS.Qpfl and a4� od�r apptic�le 4aws,
statutes, niles, regulations, or City ordinances as now enacted or hereafter amended.
e. Cqntesting the impound of a vehicle. At the recjuest of the person redeeming tt►e ve.hicle,
the contractor shall supply a completed RTTO Ia►pound Vehicle Request Form (DLR•43.0-
SQ8). 'I'he Contractor shall make a reptesentative available to testify in court when
necessary.
This representative shall provide the King Counry District Court with a written, itemized
accounting of tow and impound chazges eonfdmung to the Agreement tates, together with
a copy of all documents geneiated aad in the possessio� of the Gontractor relating to that
tow. The contractor's representatiye will further testify and affirm that all doeainents
pmvided io the court puF�usnt to t,his ABcee�nerlt shall be accompanied by an atiidavit
ensuring th8t the infortnatiori contained in such dociuiients is true and comct, fhat the
dooumeats wete prepared in the regyiar course of business at or near 16e time of 11►e
impound. or the accTuing of other costs of the impound, and that they are being provided
by the custodian of recor8s of the Coatractor.
f. Release of vehicle. If a vehicle has been impounded be�ai�se the driver had a suspended
liee�e, the Conuaotor ahall not releas� a vehicle prior. � tlie tetmination of any mandatory
4mpound period absent an order 5�am tt►e Au6iim Police Department, the King Coimty
District Court, or the Auburn City Attomey's Office. Prior to releasing any vehicie, the
C.ontracfor shall verify that the ptrson redeeming the velucle has a valid Washiag4on
Driver's License. The Coatractor shall deliver possession of properly redeemed velucle
nof more tUan thirty (30) minutes atter payment of the impound fee set forth in tkus
Agreement or re4uired by law.
Page i2 of i7
g. Persbnal Property. The personal propercy and contents of towed or impqunded velricles
shall be handled in the manner required by RCW 46.§5.090, WAC 204- 91A-t3U, and any
other applicable law, statute, rule, or regulation, as now enacted or hereatier amended; The
City of Aubum will not accept personal p;operty set forth in WAC 204-91A-130(lxa}
(m). The property/evidgnce officer must be contacted 6efore any property is brought to tlie
po1ice s�ian: �"iiy o�A� persunnel tvtll.�tf�spei�t,the pmpe�ty. �opies of tfie:
Velu¢le Inventory and Authorizatioi✓impound forn►s must accompany the property when
submitted by Contiactorto the prbgerty officer.
h. Abandoned Velucles. The Gontractor shall dispose of abandoned velucles in the possession
of the Contractnr pursuant to all applicable iaws, statutes, niles and reguladons.
i: Reu►oval of Jiudc Velucie or Pazts Ti�ereof. 'Upon receigt of a",�u�k Vehide Verificatiion,
Notification and AffidaviY'fo;m or its equivalent fiom the Aubum City Police Department,
the Contractor shall remove the designated junk vehioles or garts thereof to a disposal Site.
Gosts of such removal shail he recovered by the Contractor in aceordanee with RCW
-
46.SS.I3U as now enacted orhereafter aznended.
j. Itefugal af Service: MotothomeBoat ImRounds/Iunk Vehicles. The Aubum Polioe
Department will maintain a mtationat tist of tow companies that are e�i�'bte for beu►g
called to the scene of an abandoned motorhome or boat (or;other oversized vehicle) as well
asjunk abandoned vehicles parked in the city right of way, In general, tow companies w�ll
only be called to remove such vehicles during nomial business hours, however; the
Contractor will understand that ceztain situations require the removal of these velricles
otttgide af uormat busiiress hoiaq, arnd a raqueat fnr such is aot �m�d to bs uuceeeoueble.
�e �i list +viA.be estabdi�ed-as to �ot btiudea aay specific or�stticular'business,
but instead, develop a systein of fairness so that the c.o.sts associated with this serviee
delivery are equa4ly distributed amongst active contractors. The depariment shall make a
good faitf► effort to assist in recovering reasonable fees from the rogistered ow6er of ji�nk
and/oi abendoned vehicles. Members of the degartment will follow protocols established
_ ______
under RCW 46.55.230 (6).
Refttsa€ o€ 9ervite� P�e: f?ffieeis intpotm�ling vehietes by t�se of tt� aot�t vuill
contact Records and check to see wlrieh company is next on the rotational GSVboazd that
will be promiaenfly displayed in the records area near the CDO notification board.
ContractoYs that refuse to respond or claim to be otherwise unavailable to respond will have
their response and reason documented. Contractors that faii to respond to a iequest twice
ina 30 day period will be removed from the regular rotation for a period of 30 days; If a
Contractor has two 3� day spsgensions �om the rofiallon withln a 12 month roiling
ca�l�, �tey wi�i �e au�matac�iy c+a�toved #'rom �he � rot�ation � by.We G�f of
Police or his designee: The Traffic Unit will be responsible for maintaining ttie log for
Contiactor response as it applies to tlris s�tion and notifying the Chief of Police of any
issues.
k. Receipt The Contractor shall prepare a receipt us.ing uniform, sequen6a11y munbered
forms for every impounded vefucle which leaves Contractor's possession. The Contractor
shafl deliver one (1) copy off 1be receipt to the person to w�om ttie velaicle:is deli"veteb�and
Page 13 of 17
shall keep one (1) copy,. filed in the order ofthe receipt number. For the purposes hereof,
the stored copy may be stored in electronic format. The receipt shall state:
(i) The date and time ofdeliv.ety to the claimant;
(ity Tkre �mne, address, exd' Ft+'s�gws staze (or � Stat�) dri�'s
license number of the person to whom it is delivered;
(iii) The name and address of the employer or principal of such person, if
such person is #he ageat forthe registered owner or purchaser ofthe
roehicle;
(iv) 1'he name and address of the vehicle's registered owner at the time of
unpound; if �nown;
(y) Either:
a. an itemized statement of the impound, storage, and extra charges
collected by the Contractqr, if redeemed by payment of charges; or
lr. a ecr�pYcte �atemeat ef maaeys c�r at�ar consideratioa gaic! €or t�te
vehicle if sold;
(vi) The signatiue of theperson to whom it is del}vered aclmowledging sach
delivery andpayment, if any; and
(vii) The signatare of the Contractor`s employee making such delivery and
receiving such payment, if any.
Records. The Contractor shall keep all reeords pertaining to vehicles irripounded pursuant
W tlus Agreement for at least tln+ee (3) years followiag the expiration or termination of the
Agreement. The Contractbr shaU keep the records in an o;derly manner fo assure casy
access and reference to the records and shall make all recorda available for inspection and
eapying hy the City at sU times 6etvveea 8:00 a.m. and 5:00 p.m. Monday through Friday,
and at ail other times when employees haying charge of the records azt present at
Codtractor's bifiing office.
i. Upon request liy the Aubuin Police Departrnent or the Aubum Gity
Attorney's Office, the Contractot shall provide information of vehicles
impounded because the driver had a snspended license, if tliat information
is known by or has been provided to the Contractor, wirich shall inelude the
name of the registered owners, whet�ei the vehicle was redeemed by the
owner or by anotiher }ieison, and �ie cii�o�itian of the vehicle if noi
redeemed.
m. Removal ofDebris. Unless ottierwise directed, the Contraetor shall at no additio_na1 cost
_
remove from the location of an imgound /tow any broken glass or other debris resulting
Page Y4 ofY�
f;om a¢olfision involving the velilcle, liefore towln� the vehicle away. The Goatiacfor
shaYC`dispose of aIY si�i debris ia a Fa� maanec
n. Complaints. The Conhactor shall proaipdy and courteously respond w complaints. Tlps
shall include fuinishing a coa►plainanl with contact inforcnation for the ContracWr's
insutance company anid its claims agent if requested.
Contractor to Maintain Records to Support Independent Contractor 3tatus. On the eli'ect{ve
dste of this A�►ent �or Shortiy: theraai%r),;the Cosstrac�or s6aii:
a. File a sohedule of expenses with the Intemal Revenue Service for the type of
business the Contractor conducts;
b. Establish an account with the Washington Statc Deparm�ent of Revenue and other
n�essary state agencies for the payment of all state ta�ces normalIy paid by
emp}oyers, regisEer to receive a mii�ed t�usiness identif�er m�bor fsos� the State
of Washington; Report local salestax as code 1702 (Aubum/King);and
c.. Maintain a separate set of books and records that reflect all items of income and
expenses of Contractor's business, all as described in RCW Section 51.08.195, as
. .
reqiured to shvw that tbe semce,s perfo}tned by Contraetor under ihis Agreement
do not,give rise to aa employer-employee relationslup wlrich wo�ild be subje¢tto
RCW �de S1, industria4lnsurance.
8. Right to Inspect. The Ciry ghall haye the right to inspect the Contracwr's facilities and
equipmenY.to ensure that the provisions of this Agreement are followed. Inspocdons shall
occui duiing norma( busiaess hours. The refusal of the C6ntractoi to pern►it spch
inspeetions shall be a breach of this Agreemeht and may result in immediaty terminaGon
by the City.
Page 15 of 17
EI�ITB
COMPENSATION
Charges lip the Contractor for towing, storage, and otherservices pursuant to tlris Agreement shall
not excced the following amounts:
TRUCK RATES: (Per Hour)
CLASS A,DBtE $170.00 'Rotator $238.00
Class B $205.00 'Rotator $287.00
Class B•' $276.Q0 'Rotator $386.00
(30,000 potmds (lbs.) Gross Velvcle Weight Rating (GV WR), or more, with air btakes)
Class C $338.OD 'Rotatar $SO1,00
Ciass'Si ��'�'i8:1� �'£on`Rct�tar
# The term "rotator" applies to any approved veiucle 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:
- T}ie secvices are specifically requested 6y the legal or iegisteted ownei of the
vehicle; or the ofl;3cer us eharge of the seene se the time af dxspabch.
- After being dispatched to the scene, the tow operator, legal or registeced owner of
ttie vehicle, and/or the offieer ip charge of the scene agce to the cost end beaefits
of tNe use of the rotator and the rotator is actually used in the recoVery.
•* The30,0001bs. GV WR or asore with sir brakes rates apply only if the velvcle being
towed �as a GV W� between 26;a00 <l�bs. and 33,000 ibs.
Class E& S rates shall have a maximum rate appropriate for its GV WR and be consistent
with the above schedule. For axample, if an "E" or "S" truck has a GVVJR of 17,000 lbs:
oi more, Class "B" rates will apply if hauling Class "B" loads. Class `'A" rates apply if
hauling Class "A" loads.
• Storage Ratec $45.00 P� �Y
• Storage: Storage rates shall follow the guidelinesset forth in WAC 204-91A-140.
• Hourly Laboi: Extra Registered Tow Truck Operator (RTO) Employee/Driver
$90.00 (per hour). (Based on %i the cut=ent Class A Truck Rate; must have sdpporting
documentation showing continuous employa►ent.)
• Gasual Laborc Charges based 6n cost (must have supporting documentation)plus 25
percent mark-ap.
• AuXiliary Equipment: Charges based upop the actual cost of equipment (must have
s�pparting re�eiPt) Plus 20 peccent Aiark-up•
Page 16 of 17
• Handling and Disposing of Hazardons Materials: Charges based upon cost of haadling
and disposing (must have supporting documentation) plus 20 percent mark-up.
• Fee for Absorbent Materials: Tow operators will receive an additional $5.00 per hour
fee fo; carrying and use of absorbent material for fluid spills. This fee will be granted
wk�e� tk� material is used orbeit. Th'tg fe+e is ineluded tn the hourlg rates llsted. above.
Futiue Incieases: The Seattle-Tacoma-Bremerton area Consumer Price Index for all
Urban Consumers (CPI-in — T;anspo;tation expenditure category will be iitilized for
future increases/decreasesin tiuck and storage rates. Said increasesldecresses will be
to the nearest whole dollar and shall be made autonistically on October 15 of each year,
unless either party demands w a►eet and eonfer abopt price:increases/decreases. The
anaual review and qncreaseJ'deciease anll be -ba4ed oa the -aaadj��atsd CPI-i.i
Transportation from June of the curnnf year. In accordance with RCW 46.55.063, any
changes to the contraetor's fee sehedule must be.filed with the Department of Licensing
and must be in accordance with Aubutn City Ordinance No. 611U,,,provided that such
ehange shall not take effeot until ten (10) day after notification to the Chief of Police
and the City Qf Auhuxu Clerks n#�ce.
• Extra Equipment/Mangower: 'Fhe registered� or legak ownei of a Veh'►cZe, tbe confractor
and/or the officer in charge of tke scene, where it is clearly apparent that additional
menpower and/or suxiliary equipment is needed, must authorize exlra labor or
equipment as outlined in WAC 2U4-91A-140(d).
• Applfestfoh of Rata Mwcimuma: Tha�e rata maximums shell apply whether the
sesvir.es,ane,pr�oa+�ded:as s.nesult of `�uimary" {initial) or "secondary" tows as defined
in WAC 204-91A-030:
Notwithstanding ihe provisions of Section 17 of this Agreement, the City may, by unilateral
action, piepare and adopt an addendum revising these rates at any tune w teflect the
maximum rates for such servides established by the Chief of the State Patrol pursuant to
Was6ington Administratiye Code Secdon 20491A-140.
Page 17 of 17