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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 i� 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 !,11 • 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) I 1 Clj Page 17 of 17 i