HomeMy WebLinkAboutFitz Towing CITY OF AUBURN
AGREEMENT FOR TOW CALL ROTATION LIST
THIS AGREEMENT made and entered into on this /7�day of�, 2017,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City" and �t2!e�✓i� , hereinafter referred to as the
"Contractor."
WITNESSETH :
WHEREAS, the City is seeking vehicles towing services operating within Auburn for a
rbtation list to be called when a police officer comes across the situation where a citizen's vehicle
mnst be towed or moved; and
WHEREAS, the City has s.electecl the Contractor to perform such services pursuant to
certain terms and conditions; and
WHEREAS, the Contractor is qualified and able to provide such services and is willing
and agreeable to provide such services upon the terms and conditions herein contained; and
WHEREAS, as p.art of the consideration of being selected to provide such services, the
City is asking that the Contractor agree to provide towing services upon the terms and conditions
herein contained when summoned by the City's Police Departrnent on behalf of or at the direction
of the owner or operator of a vehicle, or is such other circumstances when vehicles need to be
moved in connection with a police response or accident; and
WHEREAS, as 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 vehicle, so that law enforcement can be alerted to stolen vehicles as quickly as possible;
and
WHEREAS, the Contractor is a registered tow truck operator (RTTO) per Chapter 46.55
of the Revised Code of Wasfiington (RCW) and is willing and able to provide the services
described herein.
NOW, THEREFORE, based on the mutual benefits provided herein, and consideration of
placement on the City of Auburn Police Tow Rotation List, the parties hereto agree as follows:
1. Time for Performance and Term ofAa�eement.
The Terin of this Agreement shall commence on the.date hereof and run for a period of one
year; provided, tlus Agreement sliall automatically renew for subsequent one-year periods
upon the anniversary of the date of execution unless one party provides the other with
written notice of its intent not to renew at least thirty days prior to said anniversary date.
2. Administration of Agreement.
Page I of 17
This Agreement shall be administered by /!'!{/�t- ���/��YT�['� , on behalf of
the Contractor, and shall be administered out of the Contractor's billing office located
within the City of Auburn, 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 Exhibit "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
Contractor shall perform the services as an independent contractor and shall not be deemed,
by virtue of this Agreement and the performance thereof, to have entere.d 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 tb related work or prbjects. Any suoh
agreement(s) shall be set forth in writing and shall be executed by the respective parties
prior to the Contractor's performance of the services there under, except as may be
provided to the contrary in Section 3 of this Agreement. Upon proper completion and
execution of an addendum (agreement for additional services), such addendum shall be
incorporated into this Agreement and shall have the same force and e£fect as if the terms
of snch addendum were a part of this Agreement as originally executed. The performanoe
of services pursuant to an addendum shall be subject to the terms and conditions of this
Agreement except where the addendum provides to the contrary, in which case the terms
and conditions of any such addendum shall control. In all other respects, any addendum
shall supplement and be construed in accordance with the terms and conditions of this
Agreement.
5. This Contract Not Exclusive. The Contractor agrees that the City may at its sole option
enter contracts with one or more other tow companies for the services 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 proviiied for herein, and is qualified to
perform such services.
7. Accevtable Standards.
The Contractor shall be responsible to provide, in connection with the services
contemplated in this Agreement, Work Product and services of a quality and professiona]
standaril acceptable to the City.
8. Compensation.
The Contractor shall charge and be compensated by the person(s), company(ies) or
entity(ies)responsible for such charges at the rates specified on Exhibit"B"attached hereto
and made a part hereof, as follows:
Page 2 of 17
a. The City shall compensate the Contractor at the rates specified on said Exhibit"B"
for any City vehicles towed or stoced upon request of authorized City personnel.
The Contractor shall submit to the City an invoic.e or statement of time spent on
those tasks or services set forth in Eachibit "A" for which the Contractor seeks
payment. The City shail 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 nornial couise, subject to any conditions or provisions
in this Agreement.
b. Unless agreed to in writing prior to the tow of a vehicle, the City shail not be
responsible for towing, storage, or impound fees for any vehicle not owned or
operated by the City,including non-nnpound vehicles towed or stored upon request
of the City's Police Department and 'unponnded 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
Department releases its hold on such vehicles; and further providecl, should a court
of competent jurisdiction rule that an nnpound was improper, the City shall
compensate the Coritractor for such towing, storage, or impound in an amoiant
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 reguirements hereof aze supplemental and in addition to any requirements
imposed on tow truck operators by federal, state and/or local law, including; but
not limited to the provisions of Chapter 46.55 of the Revised Code of Washington
( RCW), Towing and Impoundment.
9. Work Performed at Contractor's Risk.
The Contractor shall take all precautions necessary for, and shall be responsible for, the
safety of its employees, agents, and subcontractors in the performance of the work
heieunder and shall utilize all protection necessary for that purpose. All work shal]be done
at the Contractor's own risk, and the Confractor shall be responsible for any loss of or
damage to materials, tools, or otlier articles used or held for use in connection with the
work.
10. Stolen Vehicle Check. Prior to towing any impounded or abandoned vehicles froin its
existing location to the Contractoi's Storage Lot or any otl�er destination, tl�e Contractor
shall check the vehicle's identification numbers ("VIN") against the Washington State
Crime Information Center ("WSCIC") and the National Crime Infonnation Center
("NCIC") stolen car databases, regardless of whether such tow is undertaken pm•suant to
this ag•eement or is undertaken for any other customer either witliin or ontside ofthe City
of Auburn. Should the VIN of any such vehicle appear in either the WSCIC or NCIC
database as stolen, the Contractor shall noti.fythe Aubum Police Department and/or any
other law enforcement agency with jurisdiction over the vehicle's location or responsibility
over the impound prior to towing the vehicle.
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 othenvise to have been imptoperly invoiced, and all records and books of accounts
pertaining to any work performed under this Agreement shall be subject to inspection and
sudit by the City for a period of up to three (3) years from the final payment for work
performed under this Agreement.
12. Coritirivation of Performance.
In the evept that any dispute or conflict arises between the parties while this Contract is in
effect, the Contractor agrees that,norivithstanding such dispute or confliot, the Contractor
shall continue to make a good faith effort to cooperate and continue work towaazd successful
completion of assigned duties and responsibilities.
13. Notices.
All notices or communications permitted or required to be given under this Agreement
shall be in writing and shall be seryed either in person or by certified mail, return receipt
requested, at the following addresses:
Citv of Aubum �Cont act�or
Auburn City Hall �/lZ �icl�Ns
25 West Main �//lP � .�'.�Pr NP
Anbum, WA 98001-4998 Auburn, WA���a-
(253) 931-3000 FAX (253) 931-3053 7 -F33 - �/�/.3�
All such notices or communications shall be effective upon the date of receipt.
14. Insurance.
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against clauns 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,
repiesentatives, 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 on Insurance
Seivices Office(ISO) form CA 00 O1 or a substitute form providing
equiyalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
(2) Commercial General Liabilitv insurance shall be written on ISO
occurrence form CG 00 O1 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, stop gap liability, and personal injiiry and adVertisiug
injury and liability assumed uiider an insured contract. The
Commercial General Liability insurance shall be endorsed to
provicle the Aggregate Per Proje.ct Endorsement ISO form CG 25 03
Page 4 of 17
11 85. There shall be no endorsement or modification of the
Commercial General Liability insurance for liability arising from
explosion, collapse, or underground property damage. The City
shall be named as an additional insured under the Contractor's
Commercial General Liability insurance policy with respect to the
work performed for the City using ISO Additional Insured
Endorsement CG 20 10 10 Ol and Additional Insured-Completed
Operations endorsement CG 20 37 10 Ol or substitute endorsements
providing equivalent coverage.
(3) Workers' Comnensation coverage as required by the Industrial
Insurance laws of the State of Washington.
b. Minimum Amounts of Insurance. Contractar shall maintain the following
insurance limits:
(1) Automobile Liabilitv insurance with a minimum combined single
limit for bodily injury and property damage of $1,OOQ000 per
occiarrence, $2,000,000 aggregate.
(2) Commercial General Liabilitv insurance shall be written with limits
no less than $1,000,000 eaoh occurrence, $2,000,000 general
aggregate and a $2,000,000 prbducts-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 Gerieral Liability insurance;
(1) The Contracfor'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 excess of the
Contractor's insurance and shall not contribute with it.
(2) The Coiifractor's insurance shall be endorsed to state that coverage
shall not be cancelled by either party except after thirty (30J days'
prior written notice by c.ertified mail, return receipt requested, has
been given to the City.
d. Acceptability of Iiisucers. Insurance is to be placed with insurers with a
current A.Iv1. Best rating of not less than A:VII.
e. Verification of Coverage. THe Contractor shall furnish the City with
documentation of insurei•'s A.M. Best rating and with original certificafes
and a copy of amendatory eiidorsements, including but not necessarily
limited to the additional insured endorsement, evidencing the insurance
requirements of the Consultant before coinmencement of the work:
Page 5 of 17
£ Subcontractors. The Contractor shall include all subcontractors as insureds
under its policies or shall fumish separate certifcates and endorsements for
each subcontractors. All coverages for subcontractors shall be subject to all
of the same insurance requiremecits as stated herein for the Contractor.
g. No Limitation. Contractor's maintenance of�nsurance 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 harmle.ss the City and its officers;off cials;
agents and einployees,or any of them from any and all clazms,actions, suits;liability, loss;
c"osts, 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 thein, or jointly against the
City and the Contractor and their respective officeis,agents and employees,or any of them,
the Contractor shall satisfy the same to the extent that such judgment was due to the
Contractor's negligent acts or omissions.
Should a court of competent jurisdiction determine that this Agreement is subject to RCVJ
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or dainages to prope�ty caused by or resulting from the concurrent negligence of the
Contractor and the City, its officers, officials, employees; and volunteers, the Contractor's
liability hereunder shall be only to the extent of the Contractor's negligence. It is further
specificaily and expressly understood that the indemnification provided herein constiYutes
the Contractor's waiver of immunity urider Industrial Insurance, Title 51 RCW, solely for
the purposes of this indemnification. This waiver has been mutually negotiated by the
parties. The provisions of this section shall survive the expiration or termination of this
Agreement.
16. Assimment.
Neither 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 Agreement,or to cause any such liability oi obligation
to be reduced to a sec.ondary liability or obligation.
1Z Amendment;Modification or Waiver.
No amendment, inodification or waiver of any condition, provision or ferm of this
Agreement shall be valid or of any effect unless made in writing, signed by the party oi
parties to be bound, 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 party of any default of tlie other party shall not effect or impair
any right arising from any subsequent default. Notliing herein shall limit die 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 of this Agreement
through no fault of the party terminating the Agreement.
The City may terminate this Agreement upon not less than seven (7)days writfen notice to
the Contractoi if the servicesprovided for herein are no longer needed from the Contractor.
The City may also ternunate this Agreement immediately if the Contractor breaches tlus
Agreement or fails to c.omply with any of its teims or provisions.
If this Agreement is terminated through no fault of the Contractor, the Contractor shall be
compensated for services performed prior to termination in accordance with the rate of
compensation provided in Exhibit ``B"hereof.
19. Parties in Interest.
This Ageement shal]be binding upon,and the benefits and obligations provided for herein
shall inure to apd bind, the parties hereto and their respective successors and assigns,
provided that this section shall not be deeme8 to permit any transfer or assignment
otherwise prohibited by this Agreement: This Agreement is for the exclusive benefit of
the parties hereto and it does not create a contractual relationship with or exist for the
benefit of any third party, including contractors, sub-contractors and their sureties.
20. Costs to PrevailinQ Partv.
In the event of litigation or other legal action to enforce any rights, responsibilities or
obligations under this Agreement, the prevailing parties shall be entitled to receive its
reasonable costs and attomey's fees.
21. Applicable Law.
This Agreement and the rights of the parties hereunder shall be govemed by and interpreted
in accorclance with the laws of the State of Washington and venue for any action hereunder
shall be in King County, Washington; provided, however, that it is agreed and understood
that any applicable statute of limitation shall commence no later than the substantial
completion by the Contractor of the services.
22. Captions. HeadinQs and Titles.
All captions,headings or titles in the pazagraphs or sections of this Agreement are inserted
for convenience of reference only and shall not constitute a part of this Agreeinent 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. Inteipretation or
c.onstruction of tlus Agreement shall not be affected by any determination as to who is the
drafter of this Agreement, this Agreement having been drafted by mutual agreement of the
parties.
23. Severable Provisions.
Each provision of tliis Agreement is intended to be severable. If any provision hereof is
illegal or invalid for aziy reason wliatsoever, such illegality or invalidity shall not affect the
validity of the remainder of this Agreement.
Page 7 of 17
24. $ntire Aareement
This Agreement contains the entire dnderstandiag of the parties hereto in tespect to the
transaotions contemplated hereby and supersedes all prior agreements and uadeistandings
between theparties with respect to such subject mattel.
25. te .
—
This Agreement may be executed in muluple coanterparts,each of which shall be one, .. _.
the same Agreement and shall bec;ome e$ective when one or more counterparts have been
sigried by each of the parties and deliyered to the other party.
IN WITNESS WHEREOF,the parties hereto haye caused this Agreement to be executed
effective the day and yeaz first set forth above.
CITY UF AUBURN CONTRACTOR
I�ii�c,,�� �
Nan¢y Bacl , Mayor y�
Attest:
� ,. (
D n�E.Das&am City Clerk
Approve to fo :
D '. B.Heid, City Attorney
Page$of 1'1
E7�TT A
SERVICES & SCOPE OF WORK
ScbRe.of.Services.
1. The Contiactor shall tow, store,protect,and release or otheiwise dispose of:
a, Velvcles ordered impounded by the Police Department.
b. Vehicles othetwise ordered to be towed by the City's Po.lice Departmenf.
c. Velricles requested to be towed by the City's Police Deparhuent on bchalf of a
velucle's owner and/or operator, who has no tow company prefetenee. The ne�ct
available contractor will be seleoted from a towing rotation list of City-licensed
tow compaaies that have entered into a City of Aubum Ageement for Tow Qall
Rotation List
d. Any City velucles ieqyiring towing services upon recluest of atrthorized City
personnel.
2. The Contractoi sha11 proviile suoh ancillary services as set forth herein; as directed by the
City,including,but not limited to the following:
a Compliance with all applicable business and business licensing requirements of the
City, State or other governmental body with jurisdietioa over activities of the
Contiractor and Coritiactbr's business(es); and
b: Prompt/timely payment of all assessments,eosts, fees and ta�ces due in connecfion
with Cont�actor's business(es).
3. The Contractor shall have the following equipment_ on hehd for use in performing the
contract:
a. Sufficient Vehicles. CoatrBctor shall haye a sufficient number of tti.w tiucks of
adequate size and capacity; together with operating personnel, to respoad to i+equests for
services within the times specified heiein,including the followiang:
(i) Class A and Class E Tow Tiucks. By ownership, lease,purchase contract,
the Contracto; shall have at least one (1) Class A tow truck and one (1)
Class E tow trusk with drivers on call at all times.
(ii) Class "B" Tow Tnick, By owuership, lease , purchase conhact, the
Contractor shall at all tiaies have sysilabl.e the use of a heavy-duty tow track
as defined by WAC 204-91A-170 rel8ring to Class"B" tow trucks as now
enaeted or hereatter amended;together with a driver skilled and licensed in
its operation.
(iii) Class "C" Tow Trucic By ownership, lease, pmchase conh�aqt, or
temporary use agreement, the Contraetoi shall at all tixnes haye ava'►lable
the use of a heary-dwty tow truck as deSned by WAC 204-91 A-170 relating
Page 9 of 17
to Class"C"tow irueks as now enacted or hereafter amended;togethe;with
a driver skilled and licensed in its operation.
b. Tow Tnicks must be appioved and eertified by the Washington State Patrol as set
forth in WAG 204-91A-U50 and170 and velricle9 riiusi refleet the appropriate signage pei'
WAG 308-61-115;and must comply with any other agplicable Iaw, statute,or rule as now
enacted or hereafter amended.
_ .. . _
a Telephone. The Contaetor shall have telephone equipment and service in propei
working order at its dispatch facility Ywenty-four (24) hours per day for seading aad
receiving calls.
d. Facsiinile. The Contractoi shall have facsimile equipment and service in proper
workiag order at its dispateh facility twenty-four (24) hours per day for sendiag aad
ieceiving facsimiles.
e. Two-Way Communication. The Contractor shall have two-way communication,
including the followings
(i) Radio. The Contractor shall provide two-way radio
communieations eguipment and sert+ice ia proper working order between
its dispatch facility and each fow trdck used to impound vehieles pursuant
to this Agreement,andlor
(ii) Cellular Phoae. The Contractor shall provide two-way eellular
communication equipment and service in proper working condition w its
dispatch faei�ity and to each tow trdck used to impound velvcles pursuant
to this Agreemeat
4. Faeilities. The Contractor shall haye the following faeilities available fdr use in perforin'ing
tlie contract;
a Dispatch Faeility. The Contractor shall provide a staffed disgateh facility twenty. =
four{24)hours pet day seven(7)dags per week;wlrich s,Uall be eapable of ieceiving City
requests for vehicle impound, towing, or redev►ption; verifying yelriele impounds and
velucle imponnd infoririation; and dispatc�,iAg personnel and equipment to the site of a
requested irnponnd or tow. From 8:00 a m,to 3;00 p,m:,ex¢luding weekends and liolidays,
the Contractor shap maintain an ia-house dispatcher. From 5:00 p.m. to 8:00 am, the
Conpactor may utilize a hired clispatch service.
b. Offices and Sto;age Lot. T_h_e Conttactor shall, at all times, inaintain its billing
offices and a storage lot within the cocporate limits of the City dfAuburn,and shall provide
its locat sto�age lot complying with all applicable lavi+s, statutes, rules, and regula4ions,
including zoning regulations,and no more thaa one-half mile walkitig distanae from a bus
route.
c. Delivery.Except a§otherwise directed by the City,or its authorized representative,
vehicles impounded pnisaant to this Agreement shall be 4owed directly to the local storage
Page 10 of 17
lot: Privately-owned non-impound velricles shall be towed to the location specified.by the
;egistered owner or other person responsible for the vehicle, pr to the nearest storage,lot if
no other location is specified.
d. Physigal Conditions and Secyrity. The Contractor's storage lot will be kept �I
surfaced, Braded+ drained, li8hted, i.!1 accordance with City codes, and free of ,
obstacles and hazards at all tinies,so Wat persons redeemin8 vehicles have safe aad
convenient accessto the vehicles. The Conuactor shall provide adequate security
at iis storage lot to prevent loss or damage to vehicles or their contents. AU such
lots shall be screened and fenced ir►accordance with state law aad city ordinances;
gates shall be sedutely locked at a11 Cimes wlien an attendant is not on dutty on the
premises, and all velricles shall be locked� if possible. The Contracwr shall also
comply to the extent reasonably possible with other or speeific requests for sec�mty
measures by the Police Department.
e, Sheltered Space. The Contractor shaU provide ade,quate shelter atits storage lot for
moWrcycles,open wnvertibles,or othet velucles open and ezposed to the elemerits,
and will stbre such velricles under the shelter when reasonable or necessary to
pibtectsuch vehicles.
f. Approval Required. The storage lot will be suliject to the initial and contxnuing
approval of the Chief of Police or designee, with respect to meeUag the
requiremenis of tlus Ageement::
5: Personnel. The qualifications for the Contractor's personuel einployed in performing this
AgreemEnt shall be as follows:
a Skill and Supervision. The Contractor shall employ only persons competen_t and
skilled in the performance of the work assigded to them and shall provide skilled,
responsible supervisions and tisining for such peisons.
b. License and Insurance Required: Any peison operating a tow truck on behalf of
the Contcactor shall have a valid Waslrington Drivers License, shall have 8p
licenses necessary to operate a tow track in the State of Washington, 8ild:shall be
insured accordinQ to the terms of this Agreement and legal requirements applioable
to the industry.
c. Courtesy. The Coatiactoi and its agents and employees shall be courteoas at all
titnes when petforming work under Uris Agreemenx The use of abu;siye,indecent;
offensive, coaise ot insulting behavior or language during the performance of this
pgreement shall be deemed a violation of ttris Agreement.
d. Appearance. During the performance of tlus A�eement, the Co�itr�ctor's
persoffiel shall maiatain a professiopal, F�o� .aPPeazance, shall be dressad in
clothing approved by the Contiactot,end shall be free of excessive dirt,grease,aud
griine. The failure of tow truck operators to present themselves in a rieat,clean and
professioaal manner wlvle perfoiming pursuant to this Agreement shall be deemed
a bmsch of this Agrgement:
Page 11 of 17
6, Proceddres. The Contractor shall institute the followiag procedures in perForming tlie
Agreement:
a: Care and Sldll. The Conhactor shall use reasoaable care and skill in towin8 and/or
impouriding vehicles and will aot damage them through lack of reasonable caie.
b. Response Time. The Contractor shall dispatch a tow huck to the lceation spteified by the
City ima►ediately upon i^eceiving a request for i�po�ind/tow• A Ww truck of the propec
class shall arrivo at the site of impound/to�v withit► tv�'entY (20) minutes of the time ttie
Cont�actor receives the impound iecjuest. 1n the eyent a Glass C tow tn�ck is necesser3!, a
Class C tow truck shall airive at the site of the impoundltow withia thirtY(30)minutes of
the re,quesG The Coatractor shall immediately report any delay in response time due to
heavy tiaffic voldme or otherwise.
c. Storage. t�ll vehicles sha(1 be haa3led end retumecl in substantiality the same coaditiou as
they existed before being towed. The Contractor will not store any tow�ed aad/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
owaers pursuant to the requirements of RCW 46.55.110 and all other applicable laws,
statutes,niles,regulations,or City ordu�ances as now enacted or hereafter ameaded.
e, Contesting the impound of a velricle. At the request of the person redeemu►g tl�e vehi¢le,
the contractor shall supply a eompleted RTTO Impound Velricle Reqiiest Forum(DLR-�43.0-
508). The Contractor shall make a reptesentative ava'ilable to testify in court vi�hen
necessary.
Tlus representative shall provide the King County District Court with a written.itemized
ac¢out�UpB of tow and impound chazges conforming to the Agreement rates,together with
a copy of all documents generated end in the possession pf the Contiactor Yelatiag to tlsat
tow. The contractor's representative will fiuther testify and at�'itm that all documents
provided to the court pursuatrt to this A�eement shall be accompanied liy an affidavit
ensuring thst the information contained in such documents is true and cor�; that the
documents weie piepared in the ;egylar cowse of business at or near the time of the
impound. or the aceruing of other costs of tlie impound, end tliat they are being provided
liy Uie custodian of records of the Contracwr.
f. Release of vehicle. If a vehicle has beeu impounded bccause the driver had a suspended
license,the Contractor shatl not release a ve}ucle prior w the tecmination of any mandaWry
unpound period absent an order fiom the Auburn Police Departmc,nt, the King Coimty
District Court, or the Aubum City Attorney's Office. Prior to releasing any vehicle, the
Contractor shall verify that the pe=son redeeming tlie velucle has a valid Washingtoa
Driver's License. The Conua¢tor shall deliver possession of properly redeemed velricle
not more than tltirty (30) minutes aRer paYment of the impoutid fee set forth in this
Agteement or required by law.
Rage 12 of 17
g, parsonai Property. The personal property and contents of towed or impounded velucles
shall be l�sndled in the manne;required by RCW 46.55.090,WAC 204 91 A-130,and any
other appGcable law,statute,ryle,or regulation,as aow enacted or heteafter amended, 77ie
City of Aabum will not accept personal propertY set forth in WAC 204-91A-130(lxa}
(m). The property/evidence officer must be contacted befoIe any progerty is brough4 4o the
police station. City of Apburu pe�onnel will not transport the property. G.opies of the
VehiEle Imentory and Authorization/Impound fbrms must accompany the property when
submitted by Contracwr to the prbperty officer.
h. Abandoned Velricles.The Contractor Shall dispose of abandoned velvcles in the possession
of the Contiactor pursuant to all applicable laws, statutes,rules and regulaflons.
i. Removal of Junk Velucle or Parts Thereof. Upon;eeeipt of a"Junk Vehicle Verification,
Notification and AffidaviY'form or its equivaleat fiom the Autiiim City Police Depactment;
the�ontraetot shall remove the de$i�nated junk vehicles or gatts thereof w a disposal�ite:
Costs of such removal shall he recovered by the Contractor in aceordanee with RCW
46.$5,130 as now enacted or hereaftei ariiended.
j: Refusal of Service: Motorhome/Boat Impounds/Junk Velucles. The Aubum Police
T�paitment will maintain a rotational list of tow companies that sre eligible for being
called to the sceng of an abandoned�►oto�iome or boat(or other oversized vebicle)as well
as junk abandoned vehicles parked in the city right of way. In general,tow companies will
only be called to remove such �ehicles duritig normal business hours, ho'uvever; the
Contiactor will understand that ceitain situations require the removal of these velricles
outside of noimal businesshours,and a request for such is not deemed to be imm,asonable.
The rotational list ivill be establi:sk►ed as to not burden any specific or particular business,
but instead; develop a system of fsirness so that the costs associated with this service
delivery are equally distributed amongst active contractors. The depamnent shall inake a
good faith effort to assist in recovering ieasonable fees from the registered owner of junk
add/oi abandoned vehicles: Members of the depaztmenY will follow protocols established
nnder RCW 46:55.230(6).
Refusal of Service Pro:cedure. Officers impounding velricles by use of the rotstion will
coatact Records and check to s.ee whieh company is next on the mtational listlboard tUat
w�11 be pmmittently displayed in the records area near the CDO aotifibation board.
Contractors that refuse ta respond or claim to be otherwi§e unavailable to respond will have
their response and reason docymented. Coritractors tliat fail to respond to a request twice
in a 30 day period will be removed from the regular rotation for a period of30 days. If a
Contrnctor has two 30 day suspensions from the rotation within a 12 month rolling
calendai,they will be suiomatieal.ly�oved frbm the regular rotation list by the Chief of
Police or his designee. The Traffi¢ Unit will be responsible for maintaining tlie log for
Contractor response as it applies to this section and notifying the Ghief of Police of ariy
issues.
k. Receipt, The 6ontractor shall prep�re a receipt usinB uniform, sequentially numbered
forms for every impounded vehicle which leaves Coi�tractor's possession. The Contractor
shall deliver one(1)copy of the receipt w the person to whom the velricle is deliYered and
Page 13 of 17
shall keep one (1)copy, filed.in the order of the receipt nuinber. For the purposes hereof,
the stored copy may be stored in electronic format The receipt shall state:
(i) The date and time of delivery w the claimant;
(ii) The name, addres§, end Wsshington State (or otlier State) driver's
Gcense number of the person to whom it is delivered;
(iii) The name and address of the ediployer or prineipal of such person, if
such petson is the agent for the registered owner or purchaser of the
vehicle;
(iV) The nsme and address of the vehic�e's registered owner at the time of
impound, if lmown;
(v) Either:
a an itemized stateme�t 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;he
velricle if sold;
(vi) The signature of the person to wliom it is delivered aclmowledging such
delivery and payIIient,if any;and
(vii) The signature o.f the Contractor's employee making such delivery and
receiving sueh payment, if any.
1. Records. The Contractor shall keep all records pertaining to vehicles impounded pursi�ant
to tLis Agreemeht for at least three(3)years following the expiration or teimination of the
Agreetnent. The Contractor shsll keep the records in an orderly manner to assure easY
aecess 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. Moaday throngh Friday,
aad at all other times when employees }iaving charge of the rec.ords sie present at
Conhactor's billing office.
i. Upon request by the Auburn Police Departrnent or the Auburn Ciry
Attomey's Offioe, the Contractoi shall provide information of velucles
impounded because the driver had a s.itspended lieense, if that iriformation
is known by dr has been provided to the Contractot,wlrich shall in¢lude the
name of the registered owners, whether the velucle was redeemed by the
owner or by another persc�n, and the disposition of the velri¢le if not
redeemed.
m. Remoyal of Debris. Unless otherwise directed, the Coatractor shall at no additional cost
remove &um the location of en impound/tow any liroken glass or other debris res�ilting
Page 14 of 17
from a eollision involving the vehicle, before towing the velvcle away. The Gontractot
sliall dispose of all such debris in a lawfiil manner.
n. Complaints. The Contractor shall promptly and courteously respond to complaints. This
shall include furnisl�ing a complainant with contact information for the Contractor's
insurance wmpany and its claiins agedt if requested.
7. Contractor to Maintain Records to Support Independent Contractor Status.On the effecsive.
date of Uiis Agreement(or skortly thereafter),the Confractor shall:
a, File a schedWe of expenses with the Internal Revenue Serviee for the type of
business the Contractor eonducts;
b. Establish an account wi;h the Washington State Department of Revenue and ot}ier
necessary state agencies for the payment of all state taxes nomially paid by
employers, register to receive a uriified busine§§ identifier number from the State
of Washington;Report local sales tax as code 1702 (Aubum/King);and
c. Maintain a sepatate set of books and records that reflect all items of income and
expenses bf Contractor's business, all as described in RCW Section 5i.08,195, as
required to show tUat the services perforined by Contraetor uader flus Agreement
do not give rise to an eTnployer-employee relationslrip which would be sub,je¢t to
RCW Title 51, Indiistrial Insurance.
8. Right to Inspect. The City Sha11 have the right to inspect the Contractor's facilities and
equipment to ensure that the provisions of this Agieemeat are followed. InspecGoAs shall
oceur dyring normal business hours. The refusal of the Contractor to permit such
inspections shall be a breach of tlns Agreement and may result in immediate termination
by the City.
Page 15 of 17
Ea�TT B
COMPENS.4TION
Charges by the Contractor for towing,storage,and other ser4ices pursuant to this Agreement shall
not exceed the following amounts:
TRUCK RATES: (Per Hour)
CLASS A,D&E $170.00 'Rotator$238.00
C1ass B $205.00 'Rotator$287.00
Class B" $276.Q0 'Rotator$386.00
(30,000 pounds(lbs.)C3ross Vehicle Weight Rating(GV WR),or more,with air brakes)
Class C $358.00 'Rotator$501.00
Class Sl $598.00 40+Ton Rotator
* 'Ilie term"rotator" applies to any approved yehicle that has a rotaring boom. The
cost of using a rotatcir,other than the S l will be its elass rate plus 40 peuceeiit. Rotator rntes
shall only apply if:
- The services are specifically requested by the legal or registered owner of the
vehicle,or the office=in charge of the scene at the time of dispatch.
_ p�be�g dispatched to the scene,the tow operator, legal or regi�tered owner of
the vehicle, and/ot the offieer it►charge of the scene agree to the Cost end benefits
of the use of the rotator and the rotator is actaally used in the rccoVery.
•� The 30,000 lbs.GV WR or more with air brakes rates apply only if the vehicle being
towed has a GV WR between 26,000 Ibs. and 33,000 Ibs.
Class E 8c S rates shall have a maximum rate appmpriate for its GV WR and be consistent
with the above schediile. For exemple,if an"E"or"S"truck has a GYWR of 17,000 Ibs.
or more, Class <`B'; rates will apply if hauling Class "B" loads. Class "A" rates apply if
haiiling Class"A"loads.
• SWrage Rate: $45.00 per day
• Storage: Storage ratesshall follow the gdidelines set forth in WAC 204-91A-140.
• Hoarly Labor: Extra Rggistered Tow Truck Operator (RTO) Employee/Driver
$90.00(per hour). (Based on'/s the eucrent Class A Truck Rate; must have suppoiting
documentation shovi+ing continuous einployment:)
� Casual Labor: Charges based on cost(must have supporting documenYation)plus 25
percent mark-up.
• Auxiliary Equipment: Charges based upon the acti�al cost of equipment (must have
�PP��S�iPt)Plus 20 per¢em maik-up.
Page 16 of 17
• Handling and Disposing of Ha�dous Materials: Charges based upon cost of handl.ing
and disposing(must have supporting documentadon)plus 20 percent mark-up.
• Fee for Absorbent Materials: Tow 6perators will receive an additional $5.00 per hour
fee for carrying and use of absorbent materi�l for fluid spills. Tlus fee will be g�ented
whether the material is used or not T7�is fee is included in the hourly rates listed above. I
• Future Increases: The Seatil�Tacoma-Bremerton area Consumer Price Iadex for a11
Urban Consumers (CPI-in—"Pransportation expenditurc category will be ufilized for
future increases(deeceases in tivck and storage rates. Said increases/decre9ses vi+ill be
to the nearest whole dollar and shall be made automatically on October 15 of each yesr,
unless either party demands to meet and eonfer about price incnases/decreasEs. The
annual review and increase/decrease will be base.d on the unadjusted CPI-U
Transpo;tation ftom June of the cdrrent year. In accordance with RCW 46:55.063, any
changes to the contraetor's fee sehedulo mu,gt be filed with the Department of Licensing
and must be in accordance with Aubutn City Ordinanee No. 611U,,provided tliat such
ehange shall not take effect until ten (10) day after notification to tke Cluef ofPolice
and the City Of Auburn Clerks office. I
• Extra Equipment/Maapower. The registered or legal owaer of a velricle,the contractor
and%r the offic6r in charge of the scene, whe;e it is clearly apparent that additional
manpower and/or auxiliary equipm.ent is needed, must authorize extra labor or
equipment as outlined in WAC 2U4-91A-140(d).
• Application of Rate Maximiuns: These rate maximums sl�all apply whether the
services are provided as a=esult of"primary„(inidal)or"secondary"Wws as defined
in WAC 204-91A-030.
Notwithstending the provisioiis of SecYion 17 of this Agreementi;the City may;by unilateral
action, prepare and adopt an addendum revising tliese rates at any tune to ;eflect the
maximlun rates for such services established by ihe Clrief of the State Patrol pnrsuant tb
�Vashington AdministratiVe Code Section 204-91A-140.
Page 17 of 17