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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