HomeMy WebLinkAboutAgreement For Tow Call Rotation List r
CITY OF AUBURN
AGREEMENT FOR TOW CALL ROTATION LIST
THIS AGREEMENT made and entered into on this
"I day of 061• , 2020,
by and between the City of Auburn, a municipal c9prporati-n of the State of Washington,
hereinafter referred to as "City" and Afi lizI ✓' 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
0 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
� abcandoned
be alerted rto stolen vehicles as quickly as
pounded vehicle is stolen prior
to towing that vehicle, so that law enforcement
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:
I. 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.
Page I of 17
1
4
2. Administration of A Bement. v Itt(fr°v-41 , on behalf of
This Agreement shall be administered by .,f r
the Contractor, and shall be administered out of th Contractor's
Chiefbilling
f Policecon behae
within the City of Auburn,Washington, and by Dan el O'Neil
of the City.
3. Scope of Services.
The Contractor agrees to perform in a good and herein b professional this reference,wb ch shalks
oon Exhibit"A" attached hereto and incorporated Y
individually referred to as a "task," and collectively independent e "services." The
and shall not be
Contractor shall perform the services as an ependent contractor
deemed, by virtue of this Agreement and the performance 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 es executedthere under, exce eptexcept respective
amapybs
es
prior to the Contractor's performance of the
provided to the contrary in Section 3 of this Agreement. Upon proper completion and
i- 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
t. 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 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 provided for herein, and is qualified to
perform 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(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 specifiedoon said Exd iby
it
"B" for any City vehicles towed or stored upon request of
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
the° normal nvoice or t course,, subjectshall
to any
payment to the Contractor thereafter
conditions or provisions in this Agreement.
b. Unless agreed to in writing prior to the tow of a vehicle, the City shall owned or
not be
responsible for towing, storage, or impound fees for any vehicle not
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 untilthe
Cf ity of
Auburn Police Department releases its hold on such vehicles; nd
er
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 operatorCba ter 46155 of the Revised Codelaw,
of Washington
ut
not limited to the provisions of p
(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.
risk, and the Contractor shall be Allble forak shall
loss e
donef
r damageat the Cono ma eerials std own
s, or other articles used or held for use in connection with the
or tom ,
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 ("WACIC") 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 WACIC 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 3of17
i l. 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
11. 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
VW:
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 Contractor r G �t
Auburn City Hall '
�� tt›.1 n't fituiU
25 West Main Htl- 9 k''''$.3)- # ;
Auburn, WA 98001-4998 Auburn,WA citoos
(253)931-3000 FAX (253) 931-3053
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
mage to property which may arise from or in
against claims for injuries to persons
the work hereunder by the Contractor,dwoits agents,• connection with the performance
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,
t hired, and leased vehicles. Coverage shall be written on Insurance
at
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
is
r�;:. premises, operations, independent contractors, products-completed
operations, stop gap liability, and personal injury and advertising
F
4 injury and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to
Page 4 of 17 ,
rl, t.Yrv�.tt�.-
:7'
n
provide a Ier ro'cct _encral a Yre late limit usin_- T«s
s, •
. . _ ISO form CG 25 03 -1-1—/;505 09 or an
endorsement rovidin at least as broad covera_e. 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
01 and Additional Insured-Completed Operations endorsement CG
20 37 10,01 or substitute endorsements providing equivalent
coverage.
(3) Workers' Com ensation 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
occurrenc , .
(2) Commercial General Liability insurance shall be written with
limits no less than $24,000,000 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
ill . 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
Page 5 of 17
limited to the additional insured endorsement, evidencing the insurance
requirements of the Consultant before commencement of the work.
f. Subcontractors. The Contractor shall include all subcontractors as
e certificates
insureds under its policies or shall furnish
]iscoveragest for subcontractors
111 endrsements for each 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, of
suits,
liability, loss, costs, expenses, and damages of any nature whatsoever, by any
reason 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 lois Agreemes ent.
aIf the
judgment is rendered against the City, its officers, agents, p y
or jointly against the City and the Contractor
cshaland
eir thespective same to theicers,extentgthatssucl
employees, or any of them, the Contractorsatisfy
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
1111 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
Ill l' obligation to be reduced to a secondary liability or obligation.
17. Amendment,Modification or Waiver. or term of this
No amendment, modification or waiver of any condition, provision
%'
rrAgreement shall be valid or of any effect unless made in writing, signed by the party or
�;` parties' duly authorized representative(s) and
• " parties to be bound, or such party's or
a. :•
specifying with particularity the nature and extent of such amendment, modification or
III Page 6 of 17
waiver. Any waiver by any party of any default of the other party shall not effect or
impair any right arising from any subsequent default. Nothing herein shall limit the
remedies or rights of the parties hereto under and pursuant to this Agreement.
18. Termination and Sus ension.
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 service§ provided for herein are nolontel ne tde Contract r
ger eeded from the
Contractor. The City may also terminate this Agreement Y
breaches this Agreement or fails to comply with any of its terms 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 theirrespective successors ransfer od
t any
assigns, provided that this section shall not be deemed pe
assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive
benefit of the parties hereto and it
not
create a sconitractorsnship with or and their sureties.
for the benefit of any third party, including contractors,
20. Costs to Prevailing Party.
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 construction 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.
' Page 7 of 17
23. Severable Provisions.
Each provision of this Agreement is intended to eillegv alityl or invalidity shall notIf any provision raffect
is
illegal or invalid for any reason whatsoever,
such
the validity of the remainder of this Agreement.
24. Entire Agreement.
This Agreement contains the entire understanding ll of eand understandings
in respect to the
transactions contemplated hereby and supersedesprior agreements
between the parties with respect to such subject matter.
25. Counte arts. f
This Agreement may be executed in multiple counterparts,oneen eachoofre which
coushall
bets one
and the same Agreement and shall become effective
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
•( 540 10
cy Ba , ayor By:
Attest:
Shawn Campbell,City Clerk
Approved as to form:
Kendra Comeau, City Attorney
Page 8 of l7
o,
EXHIBIT A
SERVICES & SCOPE OF WORK
Scope of Services.
1. 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 DepartmntOfl behalf
next
vehicle's owner and/or operator, who has no tow company preference.
available contractor will be selected from aoement for Towing rotation st of low Caicensel
tow companies that have entered into a Cityf Auburn Agre
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 businessa business
surisdiction one a g civities of the
of
the City, State or other governmentalbody withJ
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. contract, the
(ii) Class "B" Tow Truck. By ownership, lease , purchase
Contractor shall at all times have available the use of a heavy-duty tow
to Class
truck as defined by WAC O4-91A-17amended, together relatinwith a drivB" tow trucks
er skilled and
as now enacted or hereafter
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 oSnaeePatrol as set
pet
forth in WAC 204-91A-050 and170 and vehicles
hheSmust reflect the other applicable law,appropriate
or rule as
WAC 308-61-115, and must comply w any
now enacted or hereafter amended.
er
c. Telephone. The Contactor shall have telephone equipment and sefor rvicendinge in and
working order at its dispatch facility twenty-four (24) hours perday
receiving calls.
d. Facsimile. The Contractor shall have facsimile2uequipment
day nt aond s
e in proper
working order at its dispatch facility twenty-four (24) P
nd
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
performing 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 in-house dispatcherto 5:00 p.m., . From excluding00 p.m.n Qs and 0
holidays, the Contractor shall maintain
a.m. the Contractor may utilize a hired dispatch service.
114 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
•
g
the local story a lot. Privately-owned non-impound vehicles shall be towed to the vehicle, e
location specified by the registered owner or other person responsible for
r
to the nearest storage lot if no other location is specified.
`± d. Physical Conditions and Security. The Contractor's storage lot will be kept
surfaced, graded, drained, lighted, in accordance with City codes, and free of
obstacles and hazards at all times, so that persons redeeming vehicles have
safe
and convenient access to the vehicles. The Contractor shall provide
security at its storage lot to prevent loss or damage to vehicles
with state law and city
All such lots shall be screened and fenced in accordance
ordinances, gates shall be securely loshall belocked, f possible.
cked at ll times when an endant is not on
The Contractor
-:` duty on the premises, and all vehicles
_ shall also comply to the extent reasonably possible with other or specific requests
for security measures by the Police Department.
Sheltered Space. The Contractor shall provide adequate shelter aex its osed tostorage
the
e. lot
for motorcycles, open convertibles, or other vehicles open and p
elements, and will store such vehicles under the shelter when reasonable or
necessary to protect such vehicles.
f. Approval Required. The storage lot will designee,
e e subject ith the initial
ltoand
meetmgcontinuing
the
approval of the Chief of Police orgn
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 apd 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 cthis the
Washington,
requirements
insured according to the terms of Agreement and legal
t applicable to the industry.
t.
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.
Cont
d. Appearance. During the performance o this
Ashall be ent, the dr actor's
o alappearance,personnel shall maintain a professional, pe
III clothing approved by the Contractor, and shall be free of excessive dirt, grease,
and grime. The failure of tow truck operators
to p present
�o themselves
Agreement shall
clean and professional manner while performingpursuant
be deemed a breach of this Agreement.
Page 11 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
arcing and/or
impounding vehicles and will not damage them through lack ofreasonable
r b. Response Time. The Contractor shall dispatch a tow truck to the location specified by
the City immediately upon receiving a request for impou //ttotyy(20 )miowA etruck the time
of the
proper class shall arrive at the site of impound/tow within
the Contractor receives the impound request. In the event a Class
t C towwitMickin is
necessary, a Class C tow truck shall arrive at the site of themP
ty
(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 is bl antnnti lily the
any towed same diiti or
on
as they existed before being towed. The Contra lace other than an approved
impounded vehicle on public streets,public property, or�y P
storage lot.
d. Notice to Legal Owners. When'a vehicle is impounded, the Contractor will notify the
legal owners pursuant to the requirements of Ras now W 46.55enaOCt dor hereafter and all other amended.
laws, statutes,rules,regulations, or City ordinances
e. Contesting the impound of a vehicle. At the request of the person redeeming the vehicle,
1, 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 writtenitemized
Ptogether
accounting of tow and impound charges conforming to the Agreement rates,
with a copy of all documents generated and in the
testifyton of the Contractor and affirm that all documents
is
to
that tow. The contractor's representative will further
provided to the court pursuant to this Agreement shall be accompanied
and correct, fffidt the
avit
ensuring that the information contained in such documents is true
documents were prepared in the regular �oerimpound,business
and that they arethe
being pro ded
impound. or the accruing of other costs of
by the custodian of records of the Contractor.
f. Release of vehicle. If a vehicle has been impoundedlobe se th
driver
terminationhada suspended
and
license, the Contractor shall not release priorto
mandatory impound period absent an order from the Auburn ffPolice
Prior Department,
to the King
County District Court, or the Auburn City Attorney's
y
vehicle, the Contractor shall verify that the person redeeming
the vehicleof has
paovvalid
d
Washington Driver's License. The Contractor shall deliverpossess
redeemed vehicle not more than thirty (30) minutes after payment of the impound fee set
forth in this Agreement or required by law.
Ilk
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, nulea.cce regulation,
ag property set forth in WAC 04r
amended. The City of Auburn will not p personal
91A-130(1)(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/lmpndorms must accompany the
property when submitted by Contractor to the property officer.
h. Abandoned Vehicles. The Contractor shall dispose f abandoned
an on statutes,vehicles tiles in the
a
dhe
possession of the Contractor pursuant to applicable
regulations.
i. Removal of Junk Vehicle or Parts Thereof. Upon receipt of s"Junk e Vehicle
urn Verityification
Police
• Notification and Affidavit" form or its equivalent from
Department,the Contractor shall removhe recovered by the Contractorted junk vehicles or �in s thereof accordance
with
disposal site. Costs of such removal shall
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 genenus nesral,htow s,
companies will only be called to remove such vehicles during normal
however, the Contractor will understand that certain situations require removal ofto
these vehicles outside of normal business hours, and a request for such is not
deemedbe 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 st/board that
contact Records and check to see which company is next on the rotational
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 r ithin a 12 month
on list by the
rolling calendar, they will be automatically removed from the regular
Chief of Police or his designee. The Traffic Unit will be responsible for Chief ininof Polg ice
lolog for Contractor response as it applies to this section and notifying
theof 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;
111.
l
(iii) The name and address DEthe
ethe reo'steyer ed ownerao rpu chaser of the
f such person, if
such person is the agent E
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
(1 .
receiving such payment, if any.
1. 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 kee
p a hd records
e orll dssakne alln ordor ly
manner to assure easy access and reference to the records
s
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 bad a suspended license, if that information
is known by or has been provided to the Contractor, which shall include
le
the name of the registered owners,and the dispositioncof thevehicle if not
redeemed by
• the owner or by another person,
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
itPage 14 of 17
III L.
•
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.faints. The Contractor shall promptly and courteously respond or the Contractor's
This
shall include furnishing a complainant with contact information
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 P
employers, register to receive a unified business s 1702 (Au identifier
ui g};and the State
I : of Washington;Report local sates tax
c. Maintain a separate set of books and records that reflect
items
sn of
i income 95, as
and
expenses of Contractor's business, all as described in
required to show that the services performed by Contractorunder this Agreementsubjo
_ do not give rise to an employer-employee relationshipnch
woRCW Title 51,Industrial Insurance.
ities
1. ' 8. Right to Inspect. The City shall have the right to inspecare t fClowedtol 's Inspections sand
equipment to ensure that the provisions of this Agreeme
I 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.
4
R,
1-
IIII oil
Page 15 of 17
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lI
EXHIBIT B
COMPENSATION
Charges by the Contractor for towing, storage, and other services pursuant to this Agreement
shall not exceed the following amounts:
TRUCK RATES: (Per Hour)
CLASS A,D&E $184.00 *Rotator$257.00
Class B $222.00 *Rotator$310.00
Class B** $298.00 *Rotator$416.00
(30,000 pounds (lbs.) Gross Vehicle Weight Rating (GVWR), or more,with air brakes)
Class C $385.00 *Rotator$540.00
Class SI
$644.00 40+Ton Rotator
* The term"rotator" applies to any approved vehicle that has rotating bboo . The
Rotator
cost of using a rotator, other than the S1 will be its class rate plus 40 per
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.
I' Class E & S rates shall have a maximum rate appropriate for its GVWR and be consistent
t. with the above schedule. For example, if an"E" or"S"truck has a GVWR of 17,000 lbs.
iior more, Class "B" rates will apply if hauling Class "B" loads. Class "A" rates apply if
hauling Class"A" loads.
• Storage Rate: $48.00 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
$92.00 (per hour). (Based on '/ 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
is
percent mark-up.
• Auxiliary Equipment: Charges based upon the actual cost of equipment (must have
supporting receipt) plus 20 percent mark-up.
I.
is
j. Page 16 of 17
.ii
jii
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• 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
if.: 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 204-91A-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 204-91A-140.
f.
11)
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1
Clj
Page 17 of 17
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