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HomeMy WebLinkAboutAgreement for Tow Call Rotation List 2019 - MV TowingCITY OF AUBURN AGREEMENT FOR TOW CALL ROTATION LIST THIS AGREEMENT made and entered into on this � day 2019, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City" and M V `To W tJ 6 hereinafter referred to as the "Contractor." WITNESSETH: WHEREAS, the City is seeking vehicles towing services operating within Auburn for a rotation list to be called when a police officer comes across the situation where a citizen's vehicle must be towed or moved; and WHEREAS, the City has selected the Contractor to perform such services pursuant to certain terms and conditions; 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 part 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 Department on behalf of or at the direction of the owner or operator of a vehicle, or is such other circumstances when vehicles need to be 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 area 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 Washington (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: Time for Performance and Term of Agreement. The Term of this Agreement shall commence on the date hereof and run for a period of one year; provided, this Agreement shall 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 1 of 17 2. Administration of Agreement. _ This Agreement shall be administered by ! "\ V OW I Y-Ndl 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 William Pierson, Chief of Police, on behalf of the City. 3. Scope of Services. The Contractor agrees to perforin in a good and professional manner the tasks described on Exhibit "A" attached hereto and incorporated herein by this reference, which shall be individually 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 perfonnance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. 4. Additional Services. From time to time hereafter, the parties hereto may agree to the performance by the Contractor of additional services with respect to related work or projects. Any such agreement(s) shall be set forth in writing and shall be executed by the respective parties prior to the Contractor's performance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper 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 effect as if the terms of such addendum were a part of this Agreement as originally executed. The performance of services pursuant to an addendum shall be subject to the terms and conditions of this Agreement except where the addendum provides to the contrary, in which case the terns 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 set -vices 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 perforin the services provided for herein, and is qualified to perforin such services. 7. Acceptable 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 professional standard acceptable to the City. 8. Compensation. The Contractor shall charge and be compensated by the person(s), company(les) 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 stored upon request of authorized City personnel. The Contractor shall submit to the City an invoice or statement of time spent on those tasks or services set forth in Exhibit "A" for which the Contractor seeks payment. The City shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the Contractor thereafter in the normal course, subject to any conditions or provisions in this Agreement. b. Unless agreed to in writing prior to the tow of a vehicle, the City shall not be responsible for towing, storage, or impound fees for any vehicle not owned or operated by the City, including non -impound vehicles towed or stored upon request of the City's Police Department and impounded vehicles; provided, for vehicles impounded for evidentiary purposes, the City shall pay such towing, storage, or impound fees that accrue from the time of impound until the City of Auburn Police Department releases its hold on such vehicles; 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 of said vehicle at the rates specified on Exhibit "B," and may take such other steps as may be authorized by law to obtain compensation. d. The requirements hereof are supplemental and in addition to any requirements imposed on tow truck operators by federal, state and/or local law, including, but not limited to the provisions of Chapter 46.55 of the Revised Code of Washington ( RCW), Towing and Impoundment. 9. Work Performed at Contractor'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 used or held for use in connection with the work. 10. Stolen Vehicle Check. Prior to towing any impounded or abandoned vehicles from its existing location to the Contractor's Storage Lot or any other destination, the Contractor shall check the vehicle'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 pursuant to this agreement or is undertaken for any other customer either within or outside of the City of Auburn. Should the VIN of any such vehicle appear in either the WSCIC or NCIC database as stolen, the Contractor shall notify the Auburn 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 1 1. Records Inspection and Audit. All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. 12. Continuation of Performance. In the event that any dispute or conflict arises between the parties while this Contract is in effect, the Contractor agrees that, notwithstanding such dispute or conflict, the Contractor shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 13. Notices. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be served either in person or by certified mail, return receipt requested, at the following addresses: City of Auburn Auburn City Hall 25 West Main Auburn, WA 98001-4998 (253) 931-3000 FAX (253) 931-3053 Cnntrnotnr NSU T Ow � n °J LAI$ -**v\ -a-, sw -4 5 Auburn, WA o1$00k 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 claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: (1) Automobile Liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. (2) Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, and personal injury and advertising injury and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to Page 4 of 17 provide the Aggregate Per Project Endorsement ISO form CG 25 03 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 perfonned for the City using ISO Additional Insured Endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. (3) Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. b. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: (1) Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence, $2,000,000 aggregate. (2) Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products -completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: (1) The Contractor's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute with it. (2) The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. e. Verification of Coverage. The Contractor shall furnish the City with documentation of insurer's A.M. Best rating and with original certificates and a copy of amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Page 5 of 17 f. Subcontractors. The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractors. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. g. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 15. Indemnification. The Contractor shall indemnify defend and hold harmless the City and its officers, officials, agents and employees, or any of them from any and all claims, actions, suits. liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of the act or omission of the Contractor, its officers, agents, employees, or any of them relating to or arising out of the performance of this Agreement. If a final judgment is rendered against the City, its officers, agents, employees and/or any of them, or jointly against the City and the Contractor and their respective officers, agents and employees, or any of them, the Contractor shall satisfy the 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 RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting 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 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 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. Assignment. 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 or obligation to be reduced to a secondary liability or obligation. 17. Amendment, Modification or Waiver. No 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 extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not effect or Page 6 of 17 impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 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 written notice to the Contractor if the services provided for herein are no longer needed from the Contractor. The City may also tenminate this Agreement immediately if the Contractor breaches this Agreement or fails to comply with any of its teens 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 Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. 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 Prevailing Pa 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 attorney's fees. 21. Applicable Law. This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance 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, Headings and Titles. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or constriction of this 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. Page 7 of 17 Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 24. Entire Agreement. This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN CONTRACTOR M*ky7e 1 jokouo 1 Nancy Bac'e Mayor By: Attest: Shawn Campbell, City Clerk Approved as to form: t' Ste en Gross, City Attorney Page 8 of 17 EXHIBIT A SERVICES & SCOPE OF WORK Scope of Services. L The Contractor shall tow, store, protect, and release or otherwise dispose of: a. Vehicles ordered impounded by the Police Department. b. Vehicles otherwise ordered to be towed by the City's Police Department. C. Vehicles requested to be towed by the City's Police Department on behalf of a vehicle's owner and/or operator, who has no tow company preference. The next available contractor will be selected from a towing rotation list of City -licensed tow companies that have entered into a City of Auburn Agreement for Tow Call Rotation List. d. Any City vehicles requiring towing services upon request of authorized City personnel. 2. The Contractor shall provide such 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 jurisdiction over activities of the Contractor and Contractor's business(es); and b. Prompt/timely payment of all assessments, costs, fees and taxes due in connection 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 herein, including the following: (i) Class A and Class E Tow Trucks. By ownership, lease, purchase contract, the Contractor shall have at least one (1) Class A tow truck and one (1) Class E tow truck with drivers on call at all times. (ii) Class "B" Tow Truck. By ownership, lease , purchase contract, the Contractor shall at all times have available the use of a heavy-duty tow truck as defined by WAC 204-91A-170 relating to Class "B" tow trucks as now enacted or hereafter amended, together with a driver skilled and licensed in its operation. (iii) Class "C" Tow Truck. By ownership, lease, purchase contract, or temporary use agreement, the Contractor shall at all times have available the use of a heavy-duty tow truck as defined by WAC 204-91A-170 Page 9 of 17 relating to Class "C" tow trucks as now enacted or hereafter amended, together with a driver skilled and licensed in its operation. b. Tow Trucks must be approved and certified by the Washington State Patrol as set forth in WAC 204-91A-050 and 170 and vehicles must reflect the appropriate signage per WAC 308-61-115, and must comply with any other applicable law, statute, or rule as now enacted or hereafter amended. C. Telephone. The Contactor shall have telephone equipment and service in proper working order at its dispatch facility twenty-four (24) hours per day for sending and receiving calls. d. Facsimile. The Contractor shall have facsimile equipment and service in proper working order at its dispatch facility twenty-four (24) hours per day for sending and receiving facsimiles. e. Two -Way Communication. The Contractor shall have two-way communication, including the following: (i) Radio. The Contractor shall provide two-way radio communications equipment and service in proper working order between its dispatch facility and each tow truck used to impound vehicles pursuant to this Agreement, and/or (ii) Cellular Phone. The Contractor shall provide two-way cellular communication equipment and service in proper working condition to its dispatch facility and to each tow truck used to impound vehicles pursuant to this Agreement. 4. Facilities. The Contractor shall have the following facilities available for use in perfonning the contract: a. Dispatch Facility. The Contractor shall provide a staffed dispatch facility twenty- four (24) hours per day seven (7) 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 dispatching personnel and equipment to the site of a requested impound or tow. From 8:00 a.m. to 5:00 p.m., excluding weekends and holidays, the Contractor shall maintain an in-house dispatcher. From 5:00 p.m. to 8:00 a.m. the Contractor may utilize a hired dispatch service. b. Offices and Storage Lot. The Contractor shall, at all times, maintain its billing offices and a storage lot within the corporate limits of the City of Auburn, and shall provide its local storage lot complying with all applicable laws, statutes, rules, and regulations, including zoning regulations, and no more than one-half mile walking distance from a bus route. C. Delivery. Except as otherwise directed by the City, or its authorized representative, vehicles impounded pursuant to this Agreement shall be towed directly to Page 10 of 17 the local storage lot. Privately -owned non -impound vehicles shall 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 tirnes, so that persons redeeming vehicles have safe and convenient access to the vehicles. The Contractor shall provide adequate security at its storage lot to prevent loss or damage to vehicles or their contents. All such lots shall be screened and fenced in accordance with state law and city ordinances, gates shall be securely locked at all times when an attendant is not on duty on the premises, and all vehicles shall be locked, if possible. The Contractor shall also comply to the extent reasonably possible with other or specific requests for security measures by the Police Department. e. Sheltered Space. The Contractor shall provide adequate shelter at its storage lot for motorcycles, open convertibles, or other vehicles open and exposed to the elements, and will store such vehicles under the shelter when reasonable or necessary to protect such vehicles. f. Approval Required. The storage lot will be subject to the initial and continuing approval of the Chief of Police or designee, with respect to meeting the requirements of this Agreement. 5. Personnel. The qualifications for the Contractor's personnel employed in performing this Agreement shall be as follows: a. Skill and Supervision. The Contractor shall employ only persons competent and skilled in the performance of the work assigned to them and shall provide skilled, responsible supervisions and training for such persons. b. License and Insurance Required. Any person operating a tow truck on behalf of the Contractor shall have a valid Washington Driver's License, shall have all licenses necessary to operate a tow truck in the State of Washington, and shall be insured according to the terms of this Agreement and legal requirements applicable to the industry. C. Courtesy. The Contractor and its agents and employees shall be courteous at all times when performing work under this Agreement. The use of abusive, indecent, offensive, coarse or insulting behavior or language during the performance of this Agreement shall be deemed a violation of this Agreement. d. Appearance. During the performance of this 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 trick 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 1 l of 17 6. Procedures. The Contractor shall institute the following procedures in performing the Agreement: a. Care and Skill. The Contractor shall use reasonable care and skill in towing and/or impounding vehicles and will not damage them through lack of reasonable 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 truck of the proper class shall arrive at the site of irnpound/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 arrive at the site of the impound/tow within thirty (30) minutes of the request. The Contractor shall immediately report any delay in response time due to heavy traffic volume or otherwise. c. Storage. All vehicles shall be handled and returned in substantiality the same condition as they existed before being towed. The Contractor will not store any towed and/or impounded vehicle on public streets, public property, or any place other than an approved storage lot. d. Notice to Legal Owners. When a vehicle is impounded, the Contractor will notify the legal owners pursuant to the requirements of RCW 46.55.1 10 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 the person redeeming the vehicle, the contractor shall supply a completed RTTO Impound Vehicle Request Form (DLR - 430 -508). The Contractor shall make a representative available to testify in court when necessary. This representative shall provide the King County District Court with a written itemized accounting of tow and impound charges conforming 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 further testify and affirm that all documents provided to the court pursuant to this Agreement shall be accompanied by an affidavit ensuring that the information contained in such documents is true and correct, that the documents were 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 provided by the custodian of records of the Contractor. f Release of vehicle. If a vehicle has been impounded because the driver had a suspended license, the Contractor shall not release a vehicle prior to the termination of any mandatory impound period absent an order from the Auburn Police Department, the King County District Court, or the Auburn City Attorney's Office. Prior to releasing any vehicle, the Contractor shall verify that the person redeeming the vehicle has a valid Washington Driver's License. The Contractor shall deliver possession of properly redeemed vehicle not more than thirty (30) minutes after payment of the impound fee set forth in this Agreement or required by law. Page 12 of 17 g. Personal Property. The personal property and contents of towed or impounded vehicles shall be handled in the manner 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 Auburn will not accept personal property set forth in WAC 204- 91A-130(l)(a)-(m). The property/evidence officer must be contacted before any property is brought to the police station. City of Auburn personnel will not transport the property. Copies of the Vehicle Inventory and Authorization/impound forms must accompany the property when submitted by Contractor to the property officer. h. Abandoned Vehicles. The Contractor shall dispose of abandoned vehicles in the possession of the Contractor pursuant to all applicable laws, statutes, rules and regulations. i. Removal of Junk Vehicle or Parts Thereof. Upon receipt of a "Junk Vehicle Verification, Notification and Affidavit" form or its equivalent from the Auburn City Police Department, the Contractor shall remove the designated junk vehicles or parts thereof to a disposal site. Costs of such removal shall he recovered by the Contractor in accordance with RCW 46.55.130 as now enacted or hereafter amended. J. Refusal of Service: Motorhome/Boat Impounds/Junk Vehicles. The Auburn Police Department will maintain a rotational list of tow companies that are eligible for being called to the scene of an abandoned motorhome or boat (or other oversized vehicle) as well as junk abandoned vehicles parked in the city right of way. In general, tow companies will only be called to remove such vehicles during normal business hours, however, the Contractor will understand that certain situations require the removal of these vehicles outside of normal business hours, and a request for such is not deemed to be unreasonable. The rotational list will be established as to not burden any specific or particular business, but instead, develop a system of fairness so that the costs associated with this service delivery are equally distributed amongst active contractors. The department shall make a good faith effort to assist in recovering reasonable fees from the registered owner of junk and/or abandoned vehicles. Members of the department will follow protocols established under RCW 46.55.230 (6). Refusal of Service Procedure. Officers impounding vehicles by use of the rotation will contact Records and check to see which company is next on the rotational list/board that will be prominently displayed in the records area near the CDO notification board. Contractors that refuse to respond or claim to be otherwise unavailable to respond will have their response and reason documented. Contractors that fail to respond to a request twice in a 30 day period will be removed from the regular rotation for a period of 30 days. If a Contractor has two 30 day suspensions from the rotation within a 12 month rolling calendar, they will be automatically removed from the regular rotation list by the Chief of Police or his designee. The Traffic Unit will be responsible for maintaining the log for Contractor response as it applies to this section and notifying the Chief of Police of any issues. k. Receipt. The Contractor shall prepare a receipt using uniform, sequentially numbered forms for every impounded vehicle which leaves Contractor's possession. The Contractor shall deliver one (1) copy of the receipt to the person to whom the vehicle is Page 13 of 17 delivered and shall keep one (1) copy, filed in the order of the receipt number. For the purposes hereof, the stored copy may be stored in electronic format. The receipt shall state: (i) The date and time of delivery to the claimant; (ii) The name, address, 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 person is the agent for the registered owner or purchaser of the vehicle; (iv) The name and address of the vehicle's registered owner at the 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 person to 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 payment, if any. Records. The Contractor shall keep all records pertaining to vehicles impounded pursuant to this Agreement for at least three (3) years following the expiration or termination of the Agreement. The Contractor shall keep the records in an orderly manner to assure easy access and reference to the records and shall make all records available for inspection and copying by the City at all times between 8:00 a.m. and 5:00 p.m. Monday through Friday, and at all other times when employees having charge of the records are present at Contractor's billing office. i. Upon request by the Auburn Police Department or the Auburn City Attorney's Office, the Contractor shall provide information of vehicles impounded because the driver had a suspended license, if that information is known by or has been provided to the Contractor, which shall include the name of the registered owners, whether the vehicle was redeemed by the owner or by another person, and the disposition of the vehicle if not redeemed. m. Removal of Debris. Unless otherwise directed, the Contractor shall at no additional cost remove from the location of an impound /tow any broken glass or other debris resulting Page 14 of 17 from a collision involving the vehicle, before towing the vehicle away. The Contractor shall dispose of all such debris in a lawful manner. n. Complaints. The Contractor shall promptly and courteously respond to complaints. This shall include furnishing a complainant with contact information for the Contractor's insurance company and its claims agent if requested. 7. Contractor to Maintain Records to Support Independent Contractor Status. On the effective date of this Agreement (or shortly thereafter), the Contractor shall: a. File a schedule of expenses with the Internal Revenue Service for the type of business the Contractor conducts; b. Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from the State of Washington; Report local sales tax as code 1702 (Auburn/King);and C. Maintain a separate set of books and records that reflect all items of income and expenses of Contractor's business, all as described in RCW Section 51.08.195, as required to show that the services performed by Contractor under this Agreement do not give rise to an employer-employee relationship which would be subject to RCW Title 51, Industrial Insurance. 8. Right to Inspect. The City shall have the right to inspect the Contractor's facilities and equipment to ensure that the provisions of this Agreement are followed. Inspections shall occur during normal business hours. The refusal of the Contractor to permit such inspections shall be a breach of this Agreement and may result in immediate termination by the City. Page 15 of 17 EXHIBIT B COMPENSATION Charges by the Contractor for towing, storage, and other services pursuant to this Agreement shall not exceed the following amounts: CRUCK RATES: (Per Hour) CLASS A,D&E $170.00 *Rotator $238.00 Class B $205.00 *Rotator $287.00 Class B** $276.00 *Rotator $386.00 (30,000 pounds (lbs.) Gross Vehicle Weight Rating (GVWR), or more, with air brakes) Class C $358.00 *Rotator $501.00 Class S 1 $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 S1 will be its class rate plus 40 percent. Rotator rates shall only apply if: - The services are 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 operator, legal or registered owner of the vehicle, and/or the officer in charge of the scene agree to the cost and benefits of the use of the rotator and the rotator is actually used in the recovery. ** The 30,000 lbs. GVWR 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 have a maximum rate appropriate for its GVWR and be consistent with the above schedule. For example, if an "E" or "S" truck has a GVWR of 17,000 lbs. or more, Class "B" rates will apply if hauling Class "B" loads. Class "A" rates apply if hauling Class "A" loads. Storage Rate: $45.00 per day Storage: Storage rates shall follow the guidelines set forth in WAC 204-91A-140 • Hourly Labor: Extra Registered Tow Truck Operator (RTO) Employee/Driver $90.00 (per hour). (Based on %Z the current Class A Truck Rate; must have supporting documentation showing continuous employment.) • Casual Labor: Charges based on cost (must have supporting documentation) plus 25 percent mark-up. • Auxiliary Equipment: Charges based upon the actual cost of equipment (must have supporting receipt) plus 20 percent mark-up. Page 16 of 17 • Handling and Disposing of Hazardous Materials: Charges based 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 hour fee for carrying and use of absorbent material for fluid spills. This fee will be granted whether the material is used or not. This fee is included in the hourly rates listed above. • Future Increases: The Seattle -Tacoma -Bremerton area Consumer Price Index for all Urban Consumers (CPI -U) — Transportation expenditure category will be utilized for future increases/decreases in truck and storage rates. Said increases/decreases will be to the nearest whole dollar and shall be made automatically on October 15 of each year, unless either party demands to meet and confer about price increases/decreases. The annual review and increase/decrease will be based on the unadjusted CPI -U Transportation from June of the current year. In accordance with RCW 46.55.063, any changes to the contractor's fee schedule must be filed with the Department of Licensing and must be in accordance with Auburn City Ordinance No. 6110 provided that such change shall -not take effect until ten (10) day after notification to the Chief of Police and the City Of Auburn Clerks office. • Extra Equipment/Manpower: The registered or legal owner of a vehicle, the contractor and/or the officer in charge of the scene, where it is clearly apparent that additional manpower and/or auxiliary equipment is needed, must authorize extra labor or equipment as outlined in WAC 204-91 A -140(d). • Application of Rate Maximums: These rate maximums shall apply whether the services are provided as a result of "primary" (initial) or "secondary" tows as defined in WAC 204-91A-030. Notwithstanding the provisions of Section 17 of this Agreement, the City may, by unilateral action, prepare and adopt an addendum revising these rates at any time to reflect the maximum rates for such services established by the Chief of the State Patrol pursuant to Washington Administrative Code Section 204-91 A-140. Page 17 of 17 A� o CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDlYYYY) 1v2o12oia THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:. If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER � Almax Insurance CONTACT Max NAME: M. ext): 425-999-7465 FAX No: 866-228-1316 E-MAIL ADOR£ss: maxn almaxinsurance.com 7410 Newcastle Golf Club Road, suite G INSURERS AFFORDING COVERAGE NAIC # INSURER A: UNITED FINANCIAL CASUALTY COMPANY 11770 Newcastle WA 98059 INSURED INSURER 8: INSURER C: MV TOWING LLC INSURER D.: 33003 PACIFIC HWY S INSURER E: INSURER F: Federal Way WA 98003 !-COTICWf ATC AIIIIMRFR• KtV19UN Numnitk: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMtDDYn� MNOIJLUI �Y EXP LIMBS GENERAL LIABILITY EACH OCCURRENCE $ 1 ,000,000 DAMAGE TO PREMISES Ea£NTED occurrence $ 100,000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ 5,000 CLAIMS -MADE OCCUR PERSONAL & ADV INJURY $ 1,000,000 A 03217154-4 07122/2018 07%22/2019 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,000 $ X POLICY PRO- El LOC AUTOMOBILE LIABILITY - COMBINDI (Ea accidentS1NGLE LIMIT 1 ,000,000 BODILY INJURY (Per person) $ ANY AUTO - BODILY INJURY (Per accident) A ALL OWNED SCHEDULED AUTOS X AUTOS HIRED RU TOS NON -OWNED AUTOS 03217154-4 07122/2018 07/22/2019 i PROPERTY DAMAGE $ Per accident $ I UMBRELLA LIABOCCUR - i EACH OCCURRENCE $ AGGREGATE S EXCESS LIAR CLAIMS -MADE OED RETENTION $ $ l WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y f N ANY PROPRIETORIPARTNERIEXECUTIVE F---1 I i WC STATU- OTH �� E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) NIA E.L. DISEASE - POLICY LIMIT S If yes, describe under DESCRIPTION OF OPERATIONS below I A On Hook/Cargo 03217154-4 07/22/2018 07/22/2019 $50,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is additional insured on the policy r`coTicir-ATC uni nco CANCFI 1 ATInN ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Auburn Police Department 25 West Main THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Auburn, WA 98001 AUTHORIZED REPRESENTATIVE Max Novikov ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD