HomeMy WebLinkAboutPro-tow (Keith Lewis) Exhibit"A"w Resolutioa No.,5280
CITY:O�AiJBURN
AGREEMENT',F'Qdt TOW CALL ROTATION LIS1'
THIS:A(�RSEMENT mado and e�lteted iato on this �day of �r� 2017.
dY �� betwean tha Ciiy of..Aubum, a muuicipai corpoiatioa of the"S�te af W
h�mafter referred w as"City"and lio--ra�.c� �OA:
"Conti�ctor." � . hereinafter referred .to gs tha
WITNESSETH:
WHEREAS, the City is seeking vehicles towing services operating withia A�bum fcra
rotatioa list to'[ie ceiled when a pclice officcr comes acroas the situation where a ei;dzea's vehicle '
atust be towed ormoved;'aad
WHEREA6. tbe City has selected the Contractor to perform suoh services;Pwsuant.to
oert�in terms and conditions;and
WHEItEAS, t6e Gontt�ctor-;is qualified and able to pmvide such services and is w�liag:
end egreeeble to proYide.such services upoa'tha terms.aud condidons hercia coritained;ead
�A9, as Pari of:fhe;consideraltion of being selecfed w p=odide such services, the
CitY'is a9ldng tbat the'Gontractor agree to-provide towing services!ago�,the;ecros and conditions
b��+�1�'ed when swnmoned by tho City'aPolice Dgpmtin�n{on behaif of or at:the
of the Owaei ot directioa
operator.of a.vehicle, or.is;such other circumstances`wfien velucles nced to tie
moved'm coanectioa witti a police iespoaxe or accideut;aad
WHERfiA3;as fu�thergart of the considerat�ori qf 1�ng selected to provida such services,.
the City is �sldng that the Carrtractor agrce W assist law enforcepnent in the City snd in the
�'°��B� b3'd�e.�g�vhether:an abendonec3,ur.impoundal vehicle is stolem grior fo
�gthat velucle,�so that iaw eaforcement,rsa be alacod to�len vehicles as quiekly as possible;
Wf�REAS, the Gonhactor�s a cegistered Ww tcuck operator(RTTO)Per ChaPter 46:55
of the_Itevised Code of'Washington (RCV1� �nd is willing and able to pmvide the services
described herein. _
NQW,TT�IEREFORE,based on the mutual benefits provided herein;and consideradon of
placemeat on the City of Auhum Police Tow Rotatioa List,the parqes hereto agree as followw�s
1. ,Time.for Pafoanan�r d Term of Ai�eement . _
The Term of this Agreeaierit shati commence o�i tt�d�te�f and nm;for a period of one
Y�:��'ided,this Agreement sb�,ll antomadcaUy reaew for subsequeet one-year periods
upon the anniveisary ofthe dat� of exee�ion t,�mlle�s.oae party provides the other wiUi
writtea notice of its intent not to renetv at least thirty days prior to said anniversary aate.
Page:T:af 1:7
�id�sd�tion of A�, / /
Agreement shall be;admini�tetea bY- o��h �-�G�✓�` S ,on be6alf af
2: �h�ecwt, aad shall be admwaistered out,of the`Contractor's billmg ii�ce-Ioceted
witliin tbe City of Aubum,Washington,at�d by Bob Lee.Chtef of Police,an behal€of the
6ity.
3: �of Servi�ce.s.
The Conttactor agiees to'perform;in a gand and profes�sional ma�ner the t�sks dcscn`bed.
mdividnal ' reforred to as a "tasl,c," eqd co�d Lecein.by this'ieference,which sh�ll b?e
on Exhitiit."A" eUached haeto and mcoipo
• ly ectively referred to;ea,tha "seivices" 'T�ie
Conuaatbr st�all'perform the sel�Vices @s en in.depeqdent contractor and shall not be deemed,.
by. virtue of tlsis, Agueemec►t and the ,petfoimauce thergo� to tiave entered'into any
partnei'ship,joint venfure,emPloyment or other retationship with the City:
4. Additional Services.
From time'to.bme hereaftey the parties liereto may agree to the,perfora►at�ce bythe:
. . ..
Cont[actar:of additional services with resp�ct to`cel�tcd wor& or Pro]�- �Y`�
agreanent(s)shall be"set forth ia writing anii s11aU be executed;by the reapechve parties
prior to the=.Conhactor's performanca of the service3 there.nnder, except as may;be
piovided to the cont�ary.m Sectiop 3 of this Ag�eema�t. UPcn'prope; coinPletioa end
exectrtioa of an addendum (agteement for:additioaai servicesj;:suc3i eddend� shsll'.be
iacprporated imo this A�emeut etYd shall I�ve the same force and pffect as if the te�ins.
of such addendum were a part of this Agteement as ori�rinelly eiiauted. The'paformance
of'seivices.purs�raat to an addendum shall tie.subject;to the terms and conditions;di this
AQreemenYezcept where the addenduni Provides 1o.the contrary,in wtuch case the terms
an�Conditions of mry such addendiun shall conkol. In all ottiei:iospocts; anp adden4lum
�ball supplemeat and be const�ued in acxordacice with fhe tetms and cot�ditions,of:this
Agt�eemgmt.
g, �uA ['nrtcracs:Not Exclusma. The°Co�actor agrces tbat the City may 4t;its-�le optioa
entes contraets•with one_or mo;b other tow companies for the serlvic,es:.conte�npiated`and:
desctibed in tfiis Agrcement
.6; C'nn�+nrrn.'a`R'�n,reacntations.
` aad waz�r8nts that the Conuaatar has,ail necae.ssei'y
The Contractor fiereby represents
licenses and cerhficahons:to perfoim the savices provided for-herein, and ia qualiEed to
petform such.services:
7, g�g�able Standa�fs
'T'he Conu�acWr s1�11 'be r�pOp9ible to: 'provide, in connection with the servicas
contetnpiafcd,in this Agreement,Work Pmduct end.seiviices of a qualiiyand piofessional
st8ndard acceptable to the City.
&: Compg�$4�..
The Contraetor sball cliarge a� be compensated by the pason(s)�.comPenY(ies), ot
cntity(ies)�sponsible for suchaharges atthe cste§specified ori Ezhibit"B"attached hereto
and made a;part heceof,'as follows;
Page 2vf-17
a The City sha(1 compensate the Conuactor at the rates specified on said ExhibiY"B"
for any City velricles towed or stored upon reguest of authorized City personnel.
'Itie Contractor shall submit to the City an invoice or statement of time spent on
those tasks or services set forth in ExluBit "A" for which the Contractor seeks
payment. The City shall proces$the invoice or statement in the next billing/claim
cycle following receipt of the invoice o.r statement, and shall remit payment to the
Contractor thereafter in the noimal course, subjecf to any conditions or provisions
in this Agreement.
b. Unless a�reed to in writing prior to the tow of a vehicle, the C.ity shall not be
responsible for towing, storage, or impound fees for any vehicle not owned or
operated by the City,including non�impound vehicles towed or stored upon request
of the City's Police Deparhnent and impounded vehicles; provided, for vehicles
impounded for evidendary purposes, the City shall pay sach towing, storage, or
impound fees that accrue-from the time of impound unGl the City of Auburn Police
Depaitment releases its hold on such velricles; and further provided,should a court
of competent jurisdiction rule that an impound was improper, the City shall
compensate the Contractor for such towing, storage, 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 ofsaid vehicle at the rates specified on Exhibit"B,"
and may take such otiiet steps as may be authorized by law to obtain compei�sation..
d. The requirements hereof aze supplemental and in addition to any requirements
imposed on tow truck operators by federal, state and/or local law, including, buf
not limited to the provisions of Chapter 46.55 of the Reyised Code of Washington
(RCVi�,Towing and Iinpoundment.
9. Work Performed_at Conhactor's Risk.
The Contractor shall take all precautions necessary for, and shall be responsible for, the
safety of its employees, agents, and subcontractors in the performance of the work
hereunder and shall utilize all protection necessary for that purpose. All work shall be done
at the Contractor's own risk, and the Contractor shall be responsible for any loss of or
damage to materials, tools, or other articles nsed oT held for use in connection with the
work.
10. Stolen Vehicle Check. Prior to towing aziy impounded or abandoned vehicles &om its
existing location to the Contractor's Stoi�ge Lot or any other destination, the Conhactor
shall check the velucle's identification numbers ("VIN") against the Washington State
Crime Information Center ("WSCIC'� and the National Crime Information Center
("NCIC'� stolen car databases, regardless of whether such tow is undertaken piirstiant to
tl�is agreement or is undertaken forany otliei customer either within or oufside of the City
of Auburn. Should the VIN of any such vehicle appear in eittier the WSCIC or NCIC
database as stolen, the Contractor shall notify the Aubum Police Depaitment andlor any
other law enforcement agency with jurisdic6on over the vehicle's lceation or responsibility
over the impound prior to towing the vehicle.
Page3 of 17
I 1. Records Insoection and Audit.
All compensation payments shall be subjeet to the adjustmenu fo.r any amoupts found upon
audit or otherwise w have been improperly invoiced,and all records and books oE accounu
perfaining to any work performed uilder this Agreement shall be subject to inspection and
audit by the City for a period of up to tliree (3j years from the final payment for work
performed under this Agreement.
12. Continuation.of Performance.
In the event that any dispute or conflict arises between the parties while this Conhact is in
effect, the Conuactor agrees that, notwithstanding such dispute or conflict,the Contractor
shall continue to make a good faith effort to cooperate and continue work toward successfiil
eompletion of assigned duties and respons'ibilities,
13. Notices•
All no4ices or communications permitted or required to be giVen uader this Agreement
shall be ia writing and shall be served either in person or by certified mail, return rece'ipt
requested, at the following addrbsses:
Citv of Aubum Contractor
Aubum City Hall
25 West Main
Aubum, WA 98001-4998 Aubum,WA
(253) 931-3000 FAX(253)931-3053
All such notices or communications shall be effective upon the date of receipt.
14. Insurance.
The Confractor shall procure and maiatain for the duration of the Ageement, insurance
agsinst claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereiinder by the Contiactor, its agents,
representative,s,or employees.
a Minimum Scope of Insurance. Contractor sha11 obtain insurance of the
types described below:
(1) Automobile Liability insurance covering all owned; non-owned,
hired, and leased velricles: Coverage shall be written on Insurance
Services Office{ISO)form CA 00 Ol or a substitute foim providiag
equivalent lialiility covetage. If necessary, the po(icy shall be
endorsed to provide contragtual liability coverage.
(2) Commercial General Liabilitv insurance shall be written on ISO
occurrence form CG 00 Ol and shall eovet liability arising from
premises; operations, �a��a�t �n�to�, products-completed
operations, stop gap liabiliry, and personal injury and advertising
injury and liability assumed under an insured contract. The
Commerei.al Generat Liability insurance shall be endorsed to
provide the Aggregate Per Project Endorsement ISO foini CG 25 03
Page 4 of 17
11 85. There shall be no endorsement or modification of the
Commercial Creneral Liability insivance for liability azising from
explosion, collapse, or underground property damage. The City
shall be naineil as an adclitional insured under the Contractor's
Comineccial (3eneral Liability insurance pol.icy with respect to the
work performed for the Ci,ty using ISO Additional Insured
Endorsement CG 20 10 10 Ol and Additional In§iired-Coaipleted
Operations endorsement CG 20 3� 10 Ol or substitutc endotsements
providing equivalent coverage.
(3) Workers' Comnensation coverage as required by the Industrial
Insurance Iaws of the State of Washington.
b. Minimum Amounts of Insurance. Contractor shall maintain the following
inevrance lunits:
(1) Autoinobile Liabilitv insurance with a minimum combined single
limit for bod'►ly injury and property damage of$1,000,OOO.UO per
occurrence, $2;000,000.00 aggregate.
(2) Commercial Genetal Liabilitv insurance shall be written withliaiits
no less than$1,000,0OO.OU each occurrence, $2,0OO,OUO.OU general
aggregate and a $2,000,000.00 products-completed operations
aggregate limit.
c. Other Insurance Provisions. 'I'he insucance policies are to contain, or be
endorsed to confain, the following provisions for Automobile Liability;
Professional Liability, and Commercial General Liability insurance:
(1) The Contractor's insurance coverage shall be primary insurance as
LOSpCCt3�1}iC Clry. AII}' �n���^CB� self-insuiance, or insurance pool
coverage maintained by the City shall be in excess of the
Contraotor's inswance and shall not co�ibute with it.
(2) The Contraotor's iasutance shall b:e endorsed to state that coverage
shall not be canceile.d by either party except after thirty (30) clays'
prior written noGce by certified mail, return receipt requested, has
been given to the City.
d. Acceptability of Insurets. Insurance is to be placed with insurers with a
cuaent A.M. Best rating of not less than A:VII.
e. Verificarion of Coverage. The Gontractor shall fumish the City with
documentation ofinsurer's A;M. Best rating and with original certificates
and a copy of amendatory endorsemenfs, including 6ut not necessarily
limited to the addi6onal insured endorsement, evidencing the insurance
requirements of the Consultant before commencement of the work.
Page 5 of 17
f. Subcontractors. The Gon�actor shall include all subcontractors as insureds
under its policies or shail fiunish separate certificates and endorsements for
each subcontractors. All coverages for subcontractors shall be su6ject to all
of the same insuranee requirements as stated herein for the ConVactor:
g. No Limitation. Conttactor's maintenance of insurance as required by the
agreement sha11 not be construed to liinit the liability of the Contractor to
the coverage proviiied liy such insnrance, or otherwise limit the City's
reconrse to any remedy available at iaw or in equity.
15. Indemnification.
The Contracto.r shall indemnify defend and hold harmle.ss the City and its officers,officials,
agents and employees, or any of them&om any and all claiais,actions,suits,liability,loss,
costs, expenses, and damages of any natiue wliatsoever, by any reason of or arising out of
tke act or omission of the Contractor;its officers,agents,employees,or any of them relaUng
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 agaiasi the
City and the Con#ractor and their respective officers,agents and employees,or any of them,
the Contractor shall satisfy the same to the exteat that such judgment was due to the
Gontractor'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 injary to persons
or damages to property caused by or resulting from the concurrent negligence of the
Contractor and the City, its officers, officials,employees, and voluntee;s,the Conhactor's
liability hereunder shall be only to the extent of the Contraetot'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 pucposes of this indemnification. 'Phis waiver has been mutually negotiated by the
parties. T'he provisions of this section shall survive the expiraUon or termination of this
Agreement.
16. Assi�unent.
Neither party to this Agreement shall assign any right or obligation hereunder in whole or
in part, without the prior writtea consent of the other p.arty hereto. No assignment or
transfer of any interest under this Agreemeat shall be deemed to release the assignor from
any liability or obligation under this Agreemeiit,or to cause any such liability or ob(igation
to be reduced to a secondary liability or obligation.
17, Ainendment Ivlodification or Waiver.
-
IVo amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the party or
parties to be bound, or such party's or parties' duly authorized representative(s) and
specifying with particularity the nature and eicterit of such amendment, inodificarion or
waiver. Any waiver by any party of any default of the othei 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 pursdant to tliis Agreement.
Page 6 of 17
18. Termination and Susnension.
Either party inay terminate this Agreement upon written notice to the other party if the
other party fails substantially to perform in accordance with the terms of tivs Agreem�nt
through no fault of the party terminating the Agreement.
The City may terminate this Agreement upon not less than seven(7)day"s written notice to
the Contractor if the services provided for herein are no longei needed&om the Conhactor.
The City may also terminate this Agreement immediately if the Contractor breachesthis
Agreement or fails to comply with any of its terms or provisions.
If this Agreemeat is tetminated through no fault of the Contractot,the Contractor shall be
cdmpensated for services performed prior to termination in accor8ance with the rate of
compensation provided in Exhibit"B'`hereof.
19: Parties in Interest.
Tlris Agreement shall be binding upon,and the benefits and obligations provided for herein
shall iniire to and bind, the parties hereto and their respective successors and assigus>
provided that this section shall not be deemed to permit any kransfer or assignmen4
otherwise prohibited by tlus Agreement. This Agreement is for the exclusive benefif of
the parties hereto and it does not create a wntractual relationship with or exist for the
benefit of any third party,including contractors, sub-contractors and their "sureties.
20. Costs to Prevailin¢Partv.
In the event of litigation or other legal action to enfoice any rights, ;esponsib'iliries or
obligations under this Agreement, the prevailing parties shall be entitled to receive its
reasonable costs and attomey's fees.
21. Apnlicable Law.
This Agreement and the rights of the parties hereunder shall be governed by and interpreted
in accordance with the laws of the$tate of Washington and venue for any action hereuader
shall be in King County, Washington; provided,however, that it is agreed and understood
that aay applicable statute of limitation shall commence no later than the substantial
completion by the Contractorof the services.
22. �tions Headines and Titles.
All captions,headings or tides in the paragaphs or sections of this Agreement aze inserted
for convenience of reference only aad sliail not constitute a part of this Agreement or act
as a limitation of the scope of the particularp.aragraph orsections to which they apply. As
ased heiein, where appropriate, the singular shall include the plival and vice versa aad
masculine, feminine and neuter expressions shall be interchangeable. Interpretation or
construction of this Agreement shall not be atfected by any determination as to who is the
drafter of this Agreement,this A�eement haviag been drafted by mutual agreement of the
parties.
23. Seveiable Provisions.
Each provision of this Agreevient is intended to be seyerable. If any provision hereof is
illegal or invalid for any reason wliatsoever,such illegality or invalidity shall not affe¢t the
validity of the remainder of tlus Ag�eement.
Page 7 of 17
24. $ntire A�nmt
This AS��contaibs tho entire:imd��B of the parties hereto in iespect'tq the
tcansactions cronkemplated hereby and superse�des ap prior ageenients and'undecsYandings
between ttre parties with respoct.to such subject matter.
'25. �.
This Agreement may be,exeouted in Auuiiltiple caunterpacts,each of which shall be one�
the,same Ag�ement sud shall become effeckiye wken ane or raore ebuntei�iatits have been
signed by each of tha pafies eiid deGvesred to the other paity.
IN V1!IINE3S WFiEREOF,thq:parties hereto have ceused this P:greement to be eaiecuted
effective the day and yeat ficst'set fortK above..
CITY OF AUBURN CONTRAGTOR
� -
Nan" cy B;acku ; yoi $Y�
Attest:
;��.(. �,��.,11��
Danielle :Daskmm C�ty Glerk
Appmv ' to f =
D ' .B.Heid,;Ciry Attomey
Page;8 of 17
EXHIBIT A
SERVICES & SCOPE OF WORK
Scope of Servises.
1. The Conttactor shall tow, store,protect, and release or othei�vvise dispose of:
a. Vehicles ordered impounded by the Police Department.
b. Vehicles otherwise ordered to be towed by the City's Police Departrnent.
c. Vehicles requested to be towed by the City's Police Department on behalf of a
vehicle's owner and/or ope;ator, who has ao 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 Gall
Rotation List.
d. Ariy City vehicles requiring towing services upon request of authorized Ciry
personnel.
2. The Contractoi shall provide such ancillary serviees as set forth herein, as directed by the
City,including, but not limited to the following:
a Conipliance with all applicable business and buSiness licensing requirements of tlie
City, State or other governmental body with jurisdiction ovec activities of the
Conti�actorand Contractor's business(es); and
b. PrompUtimely payinent of all assessments, costs, fees and taxes due in connecEion
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 specified hetein, including tt�e following:
(i) Class A and Class E Tow Trucks. By ownership,lease,purchase contract,
the Contractor shall haVe at least orie (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 qwnership, lease , purchase contract, the
Contractor shall at all times have availabl.e the use of a heavy-duty tow truck
as defined by WAC 204-91A-170 relating to Class"B" tow hvcks as now
enacted or hereatter amended;together with a driver skilled anil lice[�Sed in
its operation.
(ui) Class "C" Tow Truck. By ownership, lease, purchase wntract, or
temporary use agreement, the Coniractor shall 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 iu 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 t6e appropriate signage per
WAC 308-61-115,and must cdmply with any other applicable law, statute, or nile as n.ow
enacted or hereafter amended.
a Telephone. The Contactor shall have telephone equipment and service in propec
working order at its dispatch facility twenty-four (24) hours per day for sending and
receiving calls.
d. Facsimile. The Contraetor shall have facsimi.le equipment and serVice in proper
working order at its dispateh facility twenty-four (24) hours per day for sending add
=eceiving facsimiles.
e. Two-Way Communication. The Contractor shall have two-way communication,
including the folloiving:
(i) Radio. The Contractor shall provide two-way tadio '�
communications equipment and setvice in proper working o;der between
its dispatch facility and each tow truck used to impound vehicles pursuant
to this Agreement, and/6r
(ii) Cellu(az Phone. The Contractor shall provide twaway eellular
wmmunication equipment and service in proper worldng condition to its
dispatch facility and to each tow tnick used to imgound vehicles pursuant
to this Ageement
4. Facilities. The Contractor shall have the following facilities available for nse in pecforaung
the contract:
a. Dispatch Facility. The Contractor shall provide a staffed disgatch facility twenty-
four(24)hours per day seven(�) days per week, which shall be capable of receiving City
requests for vehicle impound, towing; or redemption; verifying vehicle impounds and
vehicle impound information; and dispatehing personnel and equipment to the site of a
requested impound or tow. From 8:00 a.m.to S:QO p.m.;excluding weekends and holidays,
the Contractor shall mainiain an ia-house dispatcher. From 5:00 p.m. to 8:00 a.m. the
Contractor may utilize a hirecl dispaich service.
b. Offices and Storage Lot. The Contractor shall, at all times, maintain its billing
offices and a storage lot within the corporate limits of the Ciry of Aubum,and shall ptovide
its local storage lot complying with all applicable laws, gtatutes, rules, and regulations,
including zoning reguladons, and no more than one-half mile walking distance from a bus
route.
c. Delivery. Except as otherwise directed by the City,or its authorized representative,
velucles impounded pursuant to this Agreement shall be towed direcUy to the local storage
Page 10 of 17
lot. Privately-owned non-impound vehicles sha(I be towed to the location specified by the
registered owner or other person responsible for the vehicle, or to the nearest storage lot if
no other location is specified.
d. Physical Conditions and Security. The Contractor's storage lot will be kept
surfaced, graded, drained, lighted; in accordance with City codes, and free of
obstacles and hazards at all times,so that persons redeeming vehicles tiave safe and
convenient access to the velncles. The Contractor shall provide adequate secprity
at its storage lot to prevent loss or damage to vehicles ortheir contents. All such
lots shall be screened and fenced in accordance with state law and city ordinances,
gates shall be secuiely locked at all times when an attendant is not oa duty on the
premises, and all velucles shall be locked; ifpossible. 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 sha11 provide adequate shelter at its storage lot fqr
motorcycles,open convertibles,or other vehicles open and exposed to the elemeats,
and will store such vehicles undet the shelter when reasonable or necessary to
piotectsuch vehicles.
f. Approval Required. The storage lot will be subject to the initial and continuing
appcoval of the Chief of Police or designee, with respect to meeting the
reguirements of tlus Agreement.
5. Personnel. The qualifications for ttie Contractor's personnel employe.d in perfo;ming 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 tiaining for such persons.
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 Wastungton, 8nd shall be
insured according to the terms of this Agreement and legal requirements applicable
to the industry.
a Courtesy. The Contractor and its agents arid employees shall be courteous at al.l
times when performing work under this Agreement. The use of abusive, indecent,
offensive, coazse or insulting behavior or language during the perforn�ance of this
Agreement shall be deemed a violation of;his Agreement.
d. Appearance. During the performance of tkus Agreement, the Contractor's
personnel shall maintain a professional, personal appearance, 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 performing pursuant to this Agreement shall be deemed
a breach of this Agreement.
Page 11 of 17
6. Procedures. The Contractor shall institule the following procedures in performing the
Agreement:
a Care and Skill. The Contractor shall nse reasonable care and skill in towing andlor
impounding vehicles and will not damage them through lack of reasonable care.
b. Response Time. The Contractor shall dispatch a tow truck to the location specified by the
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
Contractor receives the impound request. In the event a Class C tow truck is necessary, a
Class C tow truck shall amve at the site of the impound/tow within thirty(30)minutes of
the request. The Contractor shall iaunediately report any delay in response time due to
heavy traff►c volume or otherwise.
c. Storage. All velucles shall be handled and retumgd in substantiality the same condition as
they existed before being towed. The Gonttactor will not store any towed and/or
impounded vehicle on public sri�eets,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 pdrsaant to the requirements of RCW 46:55.110 and all other applicable laws,
statutes,rules,regulations,or City ordinances as now enacted or hereafter amended.
e. Contesting the impound of a vehicle. At the request of tt►e person redeeming the vehicle;
the contractor shall supply a completed RTT'O Impound Vehicle Request Form(DLR-430-
508). The Contractor shall a►ake a representative available to testify in cour[ when
necessary.
Ttus representative shall provide the King County District Court with a written itemized
accounting of tow and impound chatges eonforming to the Agreement rates,together with
a copy of all documents generated and in the possession of the Contractor relating to that
tow. The contractor's representative will fiuther testify and affirm that all documents
provided to the court pursuaat to this Agrbement shall be accompanied by an affdayit
ensuring that the information contained in such documents is true and correct, that the
documents wete prepared in the regular course of business at or near the time of the
impound. or the accruing of other costs of the impound, and that they are being pmvided
by the custodian of records of the Contrnctor.
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 &om the Auburn Police Department, the King County
District Court, or the Auburn City Attomey's Office. Prior to releasing any vehicle, the
Contractor shall verify that the person redeeming the Velricle has a valid Washington
Driver's License. The Contractor shall deliver possession of properly redeemed vehicle
not more than thirty (30) minutes aftet paymeat of the impound fee set forth in this
Agreement or required by law.
Page 12 of 17
g. Personal Property. The persoaal property and contents of towed or impounded velucles
shall be handled in the manner required by RCW 46.55.090,WAC 204-91A-130,and any
other applicable law,statute,rule,or regulation,as now enacted or hereafter amended, The
City of Aubum will not accept personal propelty set forth in WAC 204-91A-130(lxa}
(m). The property/evidence officer must be contacted before any property is brbught to the
police station. City of Auburn pe=sonnel will not transport the property. Copies of the
Vehi¢le Inventory and Authorization/lmpound forms must accompany the property when
submitted by Contractor to the property officer.
h. Abandoned Vehicles.The Conhactor shall dispose of abandoned velucles in the possession
of the Contractor pursuant to all applicable laws, statutes,rules and regulations.
i. Removal of Jiu�k Vehicle or Parts Thereof. Upon reeeipt of a"Junk Vehicle Verification,
Notification and AffidaviY'form o.r its equiyalent&om the Auburn City Police Deparhnent,
the Contractor shall remove the designated junk vehicles or gazts thereof to a disposal�ite.
Gosts of such removal shall he reeovered liy the Contractor in accordanee with RCW
46.55.130 as now enacted or hereafter aIItended.
j. Refusal of Service: MotorhomeBoat Impounds/Junk Vehicles. The Aubum Police
Department will maintain a rotational list of tow companies that are eligible for being
cal.led W the scene of an abandoned motorhome or boat(or other oversized velucle)as well
as junk abandoned vehicles parked in the city right of way. In general,tow companies will
only be called to remove svch vehicles during nortnal business hours, however; the
Coatractor will understand that certain situations require the removal of these velricles
outside of normal business hours,and a request for such is not deemed to be unreasonable.
The mtational list will be established as to not burden any specific or particular bqsiness,
but instead, develop a system of fauness so that the costs associated with this service
delivery are equally distributed amongst acrive contractors. The depardnent shall make a
good faith effort to assist in recovering ieasonable fees &om the registered owner of junk
and/oi abandoned vehicles. Members of the department will follow protocols establislied
under RCW 46.55:230 (6).
Refusal of Service Proce3are. Officers impounding vehicles by use of the rotation will
contact Records and check w see whieh company is next on the rotationallisUboard that
will be proariaently displayed in the recoids area near the CDO notification board.
Contractors that refase to respond or claim to be otherwise unavailable to respond will have
their iesponse and reason documented. Coatractors that fail to respond to a request tivice
in a 30 day period will be removed&om the regulaz rotarion for a period of 30 days, If a
Contractor has two 30 day suspensions frbm the rotation within a 12 month rolling
calendar, they will be automatically removed from the regular rotation list by the Clrief of
Police or his designee. The Traffie Unit will be responsible for maintaining the log for
Contractor response as it applies to this 5ection and noti.fying the Chief of Police of any
issues.
k. Receipt. The Contractor shall prepare a receipt using uniform, sequentially ndmbered
forms for every impounded vehicle which leaves Contractor's possession. The Coatractor
shall deliver one(1)copy of the receipt to the person to whom the vehicle is delivered and
Page 13 of 17
shall keep one (1)eopy, filed in the order of the receipt nuinber. For the purposes hereof,
the stored copy may be stoted in electronic fomiat. The rec.eipt shall state:
(i) The date and time of deliveiy to the claimant;
(ii) The name, addtess, and Washington State (or other State) driver'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 persbn 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 time of
impound, if known;
(v) Either:
a. an itemized statement of the impound, storage, and 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 personlo whom it is delivered acknowledging such
delivery and payment, if any; and
(vii) The signature of the Contractor's employee making such delivery and
receiving such payrnent, if any.
1: Records. The Contractor shall keep all records pertaining to vehicles impounded pursuant
to this Agreement for atleast thtee (3)years following the expiration or fermination ofthe
Agreement The Contractor shall keep the records in an orderly manner fo assure easy
a6cess and reference to the tecords 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 haying charge of the records an present at
Contractor's billing office.
i. Upon request by the Auburn Police Department or the Aubum City
Attomey's Office, the Qontractot shall provide information of vehicles
impounded because the driver had a suspended licease, if tliat iafonnatiou
is known by or has been provided to the Contraotor,wlrich 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 resulting
Page 14 of 17
from a eollision involving the vehicle, before towing the vehicle away. The Contractor
shall dispose of all such debris in a lawful manner.
a Complaints. The Contractor shall promptly and courteously respond to complaints. This
shall include fiunistung a complainant with contact information for the Contractor's
insurance comp.any and its claims agent if requested.
7. ContracWr to Maintain Records to Stiipport Independent Contractor Status.On the effective
date of this Agreement(or shortly thereafter),the Contractor shall:
a File a schedu(e of expenses with the Intemal Revenue SerVice for the type of
business the Contractor conducts;
b. Establish an account with the Washington S.tate Department of Revenue and other
necessary state agencies for the payment of all state taxes normally paiil by
employers, register to receive a unified business identifier number &bm the State
of Washington; Report local sales tax as code 1702 (AubumlKing);and
c. Maintain a separate set of books and records that reflect all items of income and
expenses of Contractor's business, all as described in RCW Section 51.08.195, as
required to show that the services performed by Gontraetor under this Ag=eement
do not give rise to an employer-employee relationship wlrich 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 ttqs Agreemeirt are followed. Inspections shall
occur during nortnal business hou;s. 1'he refusal of the Contractor fo petu►it such
inspections shall be a breach of ihis Ageement and may result in immediate ternunation
by the City.
Page 15 of 17
E7�IT B
COMPENSATION
Charges bythe Contractor for towing, storage,and other services pursuant to this Agreement shall
not eicceed the following amounts:
TRUCK RATES: (Per Hour)
CLASS A,D&E $170.00 *Rotator$238.00
Class B $205.00 *Rotator$287.00
Class B** $276.Q0 "Rotator$386.00
(30,000 pounds(lbs.)Gross Vehicle Weight Ratiag(GV WR), or more,with air brakes)
Class C $358.00 'Rotator$501.00
Class Sl $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
shail only apply if:
- The services aze specifically requested by the legal or registered 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 6perator, 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 if the vehicle being
towed has a GVWR between 26,000 lbs. and 33,000 lbs.
Class E& S rates shall liave a maxiinum rate appropriate for its GV WR and be consistent
with the above schedule. For examp.le, if an"E"or"S"truck has a GV WR of 17,000 lbs.
or more, Class "B" rates will apply if hauling Class "B" loads. Class "A" rates apply if
hauling Class"A" loads.
• Storage Rate: $45.00 per day
• Storage: Storage rates shall fol.low the guidelines set forth in WAC 204-91A-140.
• Hourly Labor: Extra Registered Tow Truck Operator (RTO) Employee/Dri4er
$90.00(per hour). (Based on %x the current C1ass A Track Rate; must have supporting
documentation showing continuous employment.)
• Casual Labor: Charges based on cost (must have supportiag documentation) plus 25
percent mark-up.
• Auxiliary Equipment: Charges based upon the actual cost of equipment (must have
supporting receipt)plus 20 pereent mark-up.
Page 16 of 17
• Handling and Disposing of Hazardous Materials: Charges based upon cost of handling
and disposing(must have supporting documentation)plus 20 percent mark-up.
• Fee for Absorbent Materials: Tow operators will receive an additional $5.00 per hout
fee for cazrying and use of absorbent material for fluid spills. This fee will be graanted
whether the material is used or not. 'I'his fee is included in the hourly rates listed above.
� Futurc Iacreases: The Seattle-'facoma-Bremerton azea Consumer Price Index for all
Urban Consuniers (CPI-U)— Ttansportation expenditure category will be utiliud for
futiue increases/decreases in t=uck and storage rates. Said increases/decreases will be
to the nearest whole dollaz and shall be made automaucally on October 15 of each year,
unless eithe.r party demands to meet and confer about price increases/decreases. The
annual review and increase/decrea§e will be tiased on the unadjusted CPI-U
Transportatioa from June of the oiurent yeat. In accordance with RGW 4635.063, any
changes to the contractor's fee schedule must be filed with the Department of Licensing
and must be ia accordance with Aubiun City Ord'►nance No. 611U�,provided that such
ehange shall not take effect until ten (10) day after notification to the Chief of Police
and the City Of Auburn Clerks of�'ice.
• Extra Equipment/Manpower: The registered or leg"al owner of a vehicle,the contracfo,r
and/or the officer in charge of the scene, where it is cleazly apparent that additional
manpower and/or auxiliary equipment is needed, must suthorize extra labor or
equipment as ontlined in WAC 204-91A-140(d).
• Application o.f Rate Maximums: These rate maxiaiums sliall apply whether the
services are provided as a result of"primary" (initial) or"secondary"tows as defined
in WAC 204-91A-030.
Notwithstanding the provisions of Section 17 ofthis Agreement,the City may,by unilateral
action, prepare and adopt an addendum revising these rates at any t'une to reflect the
maximum rates for such serVices established by ihe Ghief of the State Patrol pursuant to
Washingto.n Administrative Code Section 204-91A-14U.
Page 17 of 17