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HomeMy WebLinkAbout5280 RESOLUTIOIV NO. 5 2 8 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING AND AUTHORIZING THE EXECUTION OF POLICE DEPARTMENT TOW COMPANY ROTATION LIST AGREEMENTS WHEREAS, the City of Auburn has a variety of tow companies operating within its corporate limits; and WHEREAS, there are oecasions when the City of Auburn Police Department needs to call, on a citizen's behalf, a tow company to have a vehicle removed from its current location, sometimes for traffic safety but sometimes for other purposes, whereby the obligation and responsibility for the tow payment would belong to the vehicle owner; and WHEREAS, in those instances where the Auburn Police Department would be calling a tow company on another person's behalf, it is appropriate that a mechanism, which would include agreements with qualified tow truck operators, be put into place so that those matters could be handled expeditiously and conveniently for all concerned. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That Tow Truck Rotation List Agreements in substantially the form of the copy of which is attached hereto marked as "Exhibit A" and incorporated herein by this reference, be, and the same hereby are, approved for use by the Police Department and identifying •the qualified tow truck operators who would be called on a rotational basis for those instances where police department representatives would need to call on a citizen's behalf to have a vehicle moved from one location to another. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. ----------- - ---- Resolution No. 5280 January 26, 2017 Page 1 Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. � Dated and Signed this l� day � , 2017. CITY OF AUBURN ATTEST: ANCY B S, MAYO Danielle E. Daskam, City Clerk APP O ED TO FORM: niel B. Hei , ity Attor Resolution No. 5280 January 26, 2017 Page 2 E�ibit"A"to Resolution No. 5280 CITY OF AiTBUIaN AGI�EEIi�IEl�TT FOR TOV6� CAI,L 1ZOTATIOIeT LIST THIS AGREEMENT made and entered into on this day of , 2017, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City"and , hereinafter referred to as the "Contractor." WITNESSETH : WHEREAS, the City is seeking vehieles 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 serviees upon the terms and conditions herein eontained 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 circnmstances when vehieles 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 quiekly as possible; and WHEREAS, the Contraetor is a registered tow truck operator (RTTO) per Chapter 46.55 of the Revised Code of Washington (RCV� and is willing and able to provide the services described herein. NOW, THEREFORE, based on the mutual benefits provided herein, and consideration of placement on the City of Auburn Police Tow Rotation List,the parties hereto agree as follows: 1. Time for Performance and Term of A�reement. 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 1 of 17 2. Administration of Agreement. This Agreement shall be administered by , on behalf of the Contractor, and shall be administered out of the Contractor's billing office located within the City of Auburn, Washington, and by Bob Lee.Chief of Police, on behalf of the City. 3. Scope of Services. The Contractor agrees to perform in a good and professional mariner the tasks described on Exhibit "A" attached hereto and incorporated herein by this referenee, which sh.a.11 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 notbe 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 executed by the respective parties prior to the Contraetor'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 ineorporated 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 pursu.ant 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 eonstrued 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 contraets 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 Contractar 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 standazd acceptable to tke City. 8. Com.pensation. The Contractor shall charge and be compensated by the person(s), company(ies) or entity(ies)responsible for such chazges at the rates specified on Exhibit"B"attached hereto and made a part hereof, as follows; Page 2 of 17 a. The City sha11 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 payrnent to the Contractor thereafter in the noririal course, subject to any conditions or provisions in this Agreement. b. Unless agreed to in writing prior to tke 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,ineluding 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 holcl 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 E�ibit"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 (RCV�, 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 11. 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 di5pute 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 eompletion 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 rece'ipt requested, at the following addresses: Citv of Auburn Contractor Auburn City Hall 25 West Main Auburn, WA 98001-4998 Auburn, WA (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 against claims for injuries to persons or damage to property which may azise 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 Liabilitv insurance covering all owned, non-owned, hired, and leased vehieles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 O1 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. (2) Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 O1 and shall eover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability; and personal injury and advertising injury and liability assumed uncler an insured contract. 'The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO forin CG 25 03 Page 4 of 17 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse, or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured Endorsement CG 20 10 10 O1 and Additional Insured-Completed Operations endorsement CG 20 3710 O1 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 Liabilitv insurance with a minimum combined single limit for bodily injury and property damage of $1,OOO,U00.00 per occurrence, $2,000,000.00 aggregate. (2) Commercial General Liabilitv insurance sha11 be written with limits no less than $1,000,000.00 each occurrence, $2,000,000.00 general aggregate and a $2,000,000.00 products-completed operations aggregate limit. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to eontain, 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-insuranee, or insurance pool coverage maintained by the City shall be in exeess 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 off cers,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, einployees 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 Gontractor'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 1'iability hereunder shall be only to the extent of the Contraetor's negligence. It is fiu�her specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity urider Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnif cation. 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 sha11 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 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. Page 6 of 17 18. Termination and Suspension. Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The City may terminate this Agreement upon not less than seven(7)days written notice to the Contractor if the services provided for herein are no longer needed from the Contractor. The City may also terminate this Agreement immediately if the Contractor 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 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 Prevailin�Partv. In the event of litigation or other legal action to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and 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. Interpretafion 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. 23. Severable Provisions. 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. Page 7 of 17 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 A�JBURN CONTRACTOR Nancy Backus, Mayor By� Attest: Danielle E. Daskam City Clerk Approve to fo D ' B. Heid, City Attorney Page 8 of 17 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 Department on behalf of a vehicle's owner and/or operator, who has no tow company preferenee. 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 Ca11 Rotation List. d. Any City vehicles requiring towing services upon request of authorized City personnel. 2. The Contractor shall provide such ancillary serviees 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. Promptltimely 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 truck.s 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 qwriership, lease , purchase contract, the Contractor sha11 at all times have available the use of a heavy-duty tow truck as defined by WAC 204-91A-170 relafing to Class "B" tow trucks as now enaeted 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 Contraetor shall at all times have available the use of a heavy-duty tow truck as defined by WAC 204-91 A-170 relating Page 9 of 17 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 eertified by the Washington State Patrol as set forth in WAC 204-91A-O50 and170 and vehicles rnust 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 Contaetor 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 dispateh 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 eellular communication equipment and service in proper working condition to its dispatch facility and to each tow truck used to impound velucles pursuant to this Agreement. 4. Facilities. The Contractor shall have the following faeilities available for use in performing the contract: a. Dispatch Faeility. The Contractor shall provide a staffed dispatch facility twenty- four(24) houi�s per day seven(7) days per week, which shall be capable of receiving City requests for vehicle impound, towing, or redemption; verifying vehiele impounds and vehicle impound inforination; 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 Contra:ctor sha11, 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 a11 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 the local storage Page 10 of 17 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 times, so that persons redeeming vehicles have safe and convenient access to the vehicles. The Contractor shall provide adequa.te 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 urider 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 Drivers License, shall have all licenses necessary to operate a tow truck in the State of Washington, arid shall be insured according to the terms of this Agree.ment 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, sha11 be dressed in clothing approved by the Contractor,and shall be free of excessive dirt,grease,and grime. The failure of tow truck 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 11 of 17 6. Procedures. The Contraetor 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 impoundltow 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 sha11 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 46.55.110 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 velucle, 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 aceruing 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 lieense,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 sha11 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(1)(a)- (m). The property/evidence officer must be contacted before any property is brought to the police station. City of Auburn persorinel 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 reeeipt 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 aceordanee with RCW 46.55.130 as now enacted or hereafter amended. j. Refusal of Service: MotorhomeBoat 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 norinal 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 andlor 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 whieh 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 Traff c 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 sha11 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 delivered and Page 13 of 17 shall keep one (1) eopy, filed in the order of the receipt nuinber. For the purposes hereof, the stored copy may be stored in electronic format. The receipt shall state: (i) The date and time of delivery 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. 1. Records. The Contractor sha11 keep all reeords 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 fo assure easy aecess and reference to the records and shall make all records available for inspection and copying by the City at all times between 8:00 a.m. and 5:00 p.m. Monday through Friday, and at all other times when employees having chazge 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 sha11 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 conta.ct 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 tke Contractor eonducts; 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);anii 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 Contraetor under this Agreement do not give rise to an employer-employee relationship which would be subject to RC W 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 terinination 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: TRUCK RATES: (Per Hour) CLASS A,D&E $170.00 *Rotator$238.00 Class B $205.00 *Rotator$287.00 Class B** $276.Q0 *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 S1 $598.00 40+Ton Rotator * The term"rotator" applies to any approved vehicle that has a rotating boom. Tlie cost of using a rotator, other than the S 1 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 tke vehicle, and/or the officer in charge of the scene agree to the cost and benefts of the use of the rotator and the rotator is actually used in the recovery. ** The 30,000 lbs.GV WR 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 ofeach yeaz, unless either party demands to meet and eonfer 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 contraetor's fee schedule must be filed with the Department of Licensing and must be in accordance with Auburim City Ordinance No. 6110�provided that such ehange shall not take effect until ten (10) day after notification to the Chief of Police and the City Of Auburn Clerks office. • Extra EquipmentJManpower: 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 204-91A-140(d). • Application of Rate Maximums: These rate m�imums 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. Page 17 of 17