HomeMy WebLinkAboutAction Towing - City of Yakima Rotational Towing AgreementCITY OF YAKIMA ROTATIONAL TOWING AGREEMENT
05863
Action Towing
DOL NO.
THIS TWO-PART DOCUMENT IS AN AGREEMENT BETWEEN:
DOING BUSINESS AS
(Applicaal)
(Firm Name(
2502 River Rd.„ Yakima WA 98901 (509)961-8697
office.actiontowing@yahoo.com: mark.actiontowing@yahoo,com
(E-meJ Address)
(Pilorrc Narn16
AND THE CITY OF YAKIMA:
PART I: LETTER OF APPOINTMENT - CITY OF YAKIMA ROTATIONAL TOW LIST
The above named towing business (operator) is authorized to render towing service (as provided in Revised
Code of Washington (RCW), Chapter 46, and Washington Administrative Code (WAC), Titles 204 and 308) in
the following:
City of
Yakima
Class C Trucks
This Letter of Appointment is valid for the above -named person(s) and business location only. It is valid until
06/24/25 , or untilcancelled, superseded, suspended, or revoked as set forth herein.
This Letter of Appointment is effective from 06124/25 through 06/23/26 , However, if neither
party asks to re -open this agreement, then the Letter of Appointment will be automatically extended each
following year (and the increases stipulated under "future increases" will be implemented by the City of Yakima
as adjusted with the WSP rates). The maximum term of this agreement shall be five (5) years.
The above named tow operator shall be licensed by the Washington State Department of Licensing (DOL) as
registered tow truck operator (RTTO) during the entire period of this Letter of Appointment, and the Letter of
Appointment shall immediately terminate should that license be suspended, revoked, or terminated by DOL.
All towing and storage services shall be performed in accordance with the provisions of 46.55 RCW, 204-91A
WAC, and 308-61 WAC as currently formulated or as may be subsequently amended. This agreement may be
renegotiated if there are major changes in the economic conditions.
22508Q Agreement Page 1 of 8
PART II: ROTATIONAL TOW RATE CAPAGREEIVIENT
This agreement contains rules and regulations a tow operator agrees to comply with in ive a spot
on the rotational tow listing with the City of Yakima. Participation in the City of Yakima tow rotation is
voluntary. Compliance with all of the terms and conditions of the agreement is mandatory for companies
signing this agreement. An owner/operator, by agreeing to participate in the City of Yakima rotation, is not
acting as an agent for the City of Yakima when performing services under this agreement, The tow operator
agrees to provide towing services to members of the City of Yakima and other motorists, when requested.
Thetow owner/operator aheU ensure hovv book drivers renpondinq to palls initiated by the City Of Yakima are
qualified, competent, trained and proficient in the use of the tow truck used and its related equipment. This
training and, proficiency, includes, but is not limited to, the procedures necessary for_the safe towin
recovery of the various types of vehicles serviced throuqh the City of Yakima rotational process,
Capability to provide a 30 minute response time is required. /\3O-nninute response in required Monday
through Friday, 8:0OAM uestsmade outside ofthese times and onweekends grholidays a
40'nninute response time is required.
Three strikes rule: Authorized tow _companies that have three unsuccessful City ofYakima rotational tow
responses (responses to the site took longer than 30 o, 40 minutes as applicable) within m rollingcm|enderyoar
rnayberemoved frnn! the City of Yakima rotational tow list for up to one calendar year from the date of
removal. -Authorized tow compa ' nies may petition the desiqnated Agent for the City of YakimafYakima Police
Department forreadmission to the rotational tow list earlier if they wish to appeal a one-year suspension.
A tow operator who charges the general public (private citizens) rates lower than those identified in this
agreement for services listed below shall charge the mmnnm Aoxvmr nmba for similar services performed as a
result ofCity of Yakima originated calls and authorized impounds for services that indude, but are not
|irnibyd to:
1. Roadside mechanical service, including fuel transfer, tire, and belt changes, etc.
2 Disabled vehicles tow/transportation,
J. Storage,
4. After hours release fees.
Rates shall not exceed (but may beless than) Rates amset annually bwWashington State Patrol (WSp).
5. 5tmnogm Rate. VVSP Rote
6. Storage: Storage rates shall follow the guidelines set forth inVVAC2O4-91A-140.
7. Hourly Labor: Extra RTTD Ennp|oyoa/DriverVVSP Rote (per hour) (based on }6the current Class A
Truck Rate; must have supporting documentation showing continuous employment)
8' Casual Labor: Charges booed on cost (must have supporting documentation) plus 25 percent mark-
up�
9. Auxiliary Equipment: Charges based upon the actual cost of equipment (must have supporting
receipt) plus 2Opercent nnark-up.
10.Hmnd|ing and Disposing of Hazardous yNmborim1s: Charges based upon cost of handling and
disposing (must have supporting documentation) plus 20 percent mark-up,
11. The term "rotator" applies to any approved vehicle that has a rotating boom (Class A'[)). The cost of
using e pototor, other than tho81 will be its class rote p|un4O percent. Rotator rates shall only apply if-
e. The services are specifically requested by the legal or registered owner of the vehicle, or the
officer incharge ofthe scene et the time ofdispatch.
b. After being dispatched to the acene, 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 isactually used inthe recovery,
12.The term "GVWR'`Gross Vehicle Weight Rating applies \oClass Bwith 3O'OOOlbs.GVVVRormore
with air bneNau and rates apply only if the vehicle being havved has a GVVVFl between 26.000 |bs. and
33.O0O|bo.
a. Class E & 0 rates shall have a maximum rate appropriate for its GVVVR. For example, if
Class E or truck has a GVVVP( of17.0OO |bo. or more, Class B rates will apply if hauling Class
6|oads. Class Arates apply ifhauling Class Aloads.
13. Extra Equi pme nt/M an power: Only the registered or legal owner of a vehicle or the officer in charge of
the scene, where it is clearly apparent that additional manpower and/or auxiliary equipment is needed.
can authorize extra labor or equipment as outlined in WAC 204-91A-140(d).
14.AppWcation of Rate Maximums: These rate nnaxinnurna ahoU apply whether the services are provided
as a result of "primary" (initial) or "secondary" tows as defined in WAC 204-91A-030
15.Fee for Absorbent Materials: Tow operators will receive an additional fee for carrying and use of
absorbent material for fluid spills. This fee will be granted whether the material in used or not, This fee
is included in theVV5P Rates,
16. Removal Liability: RCVV 40.52.020 (b) states, ~/\ |avv enforcement officer or representative of the
department of transportation may cause a motor vehic|e, uorgo, or debris to be moved from the
roadway; and neither the department of transportation rgpnassntadv*, nor anyone acting under the
direction of the officer or the department of transportation representative is |iaU|m for damage to the
motor vehicle, cargo, or debris caused by reasonable efforts of removal. "
The City of Yakima will call the tow operators on a rotational basis with other tow operators who have qualified
and are issued a Letter ofAppointment for the above listed zone(o). Only hovv truck operators who have e
current/valid Letter of Appointment will be called by the City of Yakima in this zone, except for emergency
situations or when a motorist has a personal preference request for another tow operator/company.
The applicant aOp*es, as o_nondiUon of inclusion on the rotational tow list- to, comply with the terms and
conditions of this agreement. Furthermore, the applicant agrees that failure, byany employee
company to comply with these terms and conditions shall be cause for written repr|mand, suapenoion, or
termination. Alleged violations of the aqreennent, RCVV's and/or VVAC's will be investiqo{od by the City of
Yakima. The operator will be notified of the fincUnQn within thirty calendar days of the conclusion of the
investigation.
This agreement may be canceled by:
1� Either the tow operator or the City of Yakima, without cause, by providing 30 days written notice;
2. The City of Yakima, immediately upon notification of confirmed criminal acdvity, deliberate over-
obarging, or failure to follow requirements outlined in F(CVV orVVAC's;
3. The City of Yak|nna, immediately upon receiving written notice from DOL the RTT[)'s license has
been suspended, cancelled, orrevoked byDOL.
Nothing herein ohm|| be deemed to prohibit the City of Yakima from immediately suspending any ooplicank,
operator, or employee where in the opinion of the Agent for Yakima Police Department, there is a danger to the
public heo|th, safety or vveKaru, or where the app|ioant, mperetmr, or ennp|oyee has engaged in conduct
constituting a violation of this signed agreement. This includes instances in which n bavv operator arrives at a
site with equipment that is deemed unsafe by the officer in charge of the scene,
|ndenmnixv/nsunynoe
(A) The Service Provider aQnaen to indemnify and save ha,rn|nsn the Citv, its officaro,
agents and employees against and from any and all actions, suits, claims, demands or liability of any character
whatsoever brought or asserted for injuries to or death of any person or peronno, or damages to property
arising out of, result from or occurring in connection with the performance or any service hereunder.
(B) The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property,
(C) Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured under this agreement
or the type and with the limits specified within the Special Terms and Conditions section of the RFQ. Sample
insurance requirements, consisting of one (I) page, attached hereto and incorporated herein by this reference.
The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Manager,
129 North 2nd Street, Yakima, Washington 98901, one copy of a certificate evidencing the insurance coverage
required from an insurance company acceptable to the City.
Contract Documents
This Contract, the Request for Qualifications 22508Q, Scope of Work, conditions, addenda, and modifications
and Contractor's proposal (to the extent consistent with City of Yakima documents) constitute the Contract
Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that
order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office
of the Purchasing Manager, 129 No. 2" St., Yakima, WA, 98901 and are hereby incorporated by reference into
this Contract.
Assignment
This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in
part by the Contractor to any other person or entity without the prior written consent of the City. In the event
that such prior written consent to an assignment is granted, then the assignee shall assume all duties,
obligations, and liabilities of Contractor as stated herein.
Severability
If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held
invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without
the invalid term, condition or application. To this end, the terms and conditions of this Contract are declared
severable.
Dispute Resolution
In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of
default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot
mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute.
If the afore mentioned methods are either not successful then any dispute relating to this Agreement shall be
decided in the courts of Yakima County, in accordance with the laws of Washington, If both parties consent in
writing, other available means of dispute resolution may be implemented.
Governing Law
his Contract shall be governed by and construed in accordance with the laws of the State of Washington.
Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent
jurisdiction in Yakima County, Washington.
Authority
The person executing this Contract, on behalf of Contractor, represents and warrants that they have been fully
authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms,
performances and provisions of this Contract.
Survival
The foregoing sections of this Contract shall survive the expiration or termination of this Contract in accordance
with their terms.
22508Q Agreement Page 4 of 8
IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written,
City Manager
Date: "d
CITY CONTRACT NO: 2°25-a !y
RESOLUTION NO: , N ( A
Attest:
City Clerk
List of Attachments to this contract:
Attachment A Sample Agreement (Excluded)
Attachment B — WAC 2O4-91A-140 Fees {Attached)
Attachment C — Sample Insurance (Excluded)
ACTION TOWING
By:
Date:
225080 Agreement. Page 5 of 8
ATTACHMENT B — WAC 204-91A-140
Where WA State Patrol is referenced, it shall also apply to City of Yakima
Fees.
(1) Towing fees must be based on a flat, hourly rate only and will apply without regard to the hour of
day, day of the week or whether the service was performed on a Saturday, Sunday, or state recognized
holiday. The hourly rate for each class of truck must be charged for services performed for initial tows and
secondary tows performed during business hours. Charges for secondary tows performed during nonbusiness
hours, on weekends or state recognized holidays, if different from the hourly rate, must be negotiated and
agreed upon with the vehicle owner/agent before the tow is made.
The tow inspector will investigate allegations of overcharging. Intentional overcharging or a pattern of
overcharging will be cause for suspension. The tow operator's failure to reimburse the aggrieved customer(s)
may be cause for suspension, after a tow inspector has determined that overcharging occurred and may result
in the suspension or revocation of the tow operators letter of appointment. The suspension will remain in effect
until the tow operator has presented to the patrol sufficient proof that the aggrieved customer(s) has been fully
reimbursed.
(2) The chief or designee will, prior to October 15th of each year, establish maximum hourly towing
rates for each class of tow truck and maximum daily storage rates that tow operators may charge for services
performed as a result of state patrol calls. The maximum rates will be determined after consultation with
members of the towing industry, review of current private towing rates, and such other economic factors as the
chief deems appropriate.
When signed by the chief or designee and the tow operator, a contractual agreement to charge no
more than the maximum rates will become part of the operator's letter of appointment. The tow operator may,
however, adopt a rate schedule charging Tess than the maximum rates established by the chief.
The hourly rate must:
(a) Apply when a call for a tow is made by the state patrol, except as outlined under subsection (6) of
this section. This includes, but may not be limited to, collisions and impound requests.
(b) Include all ancillary activities including, but not limited to, removal of glass, debris, and vehicle fluids
less than one gallon from the roadway and areas referred to as the "scene or incident location," necessary
winching, dolly service, drive line removal, installation of chains on the tow truck, installation of portable lights,
vehicle hookup for towing or transporting, tire replacement and standby time. Before leaving any collision or
incident location, the tow company must advise the department of transportation, the patrol, local law
enforcement road department of all fluid spills greater than one gallon remaining.
(c) Include the labor of one person per truck. When responding with a class "C" or an S-1 rotator truck
to a major collision or incident location; a second person is allowed at the hourly labor rate per contract for an
extra registered tow truck operator employee. Any charges for additional labor or ancillary vehicles, or both, or
for removing debris, cargo, or other items at the collision or incident location must have prior authorization from
the legal or registered ownerlagent, or a member of the patrol at the scene, and must have documentation in
the vehicle transaction file for inspection purposes. Documentation must include:
(i) The first and last name of the person who requested the additional labor, ancillary vehicle, or
removal of debris, cargo, or other items at the collision or incident location.
(ii) How and when the approval was obtained.
(d) Be computed from the actual time the truck departs in response to a call until the truck returns to its
tow zone, responds to another call, returns to the storage area, or returns to the place of business of the
registered tow truck operator. Billing invoices must have the time of day and date a vehicle arrives at the
storage area or place of business of the registered tow truck operator.
(i) The hourly rate must be applied to the resulting net time and, after the first hour, must be rounded to
the nearest fifteen minutes.
(ii) After returning to the storage area, the tow operator may charge for the total amount of time in
fifteen minute increments not to exceed a total of sixty minutes.
(e) Be evenly divided between customer vehicles transported when class "E" trucks are used for
multiple towing/recovery services (one on bed, one in tow) from the same service call or incident location.
(3) The basic storage fee:
22508Q Agreement Page 6 of 8
(a) Must be calculated using bumper to bumper measurements for vehicles, and using tongue to
bumper measurements for trailers; and
(b) Must be calculated on a twenty -four-hour basis and must be charged to the nearest half day from
the time the vehicle arrives at the secure storage area. Vehicles stored over twelve hours on any given day
within the twenty -four-hour period may be charged a full day's storage. Vehicles stored less than twelve hours
on any given day, may only be charged for twelve hours of storage; and
(c) Must be the same for all three and four-wheel vehicles twenty feet or less in length; and
(d) For vehicles or combinations exceeding twenty feet, the storage fee must be computed by
multiplying each twenty feet of vehicle length, or any portion thereof, by the basic storage fee; and
(e) For motorcycles, operators may charge the basic storage fee for vehicles.
(4) To charge fees for ancillary equipment, additional labor, or removal of cargo and commodities that
must be offloaded after placed in the storage area or registered tow truck operator's place of business for the
purpose of disposal or storage, the operator must provide written notification of such fees to the legal owner,
registered owner or owner's agent of the vehicle and must make a good faith attempt to gain prior authorization
for estimated charges.
(a) Notification must include an itemized list of the estimated charges for any ancillary equipment,
additional labor, or removal of cargo and commodities that must be offloaded after placed in the storage area
or registered tow truck operator's place of business for the purpose of disposal or storage.
(b) Documentation must include:
(i) A copy of the written notification made to the legal owner, registered owner, or owner's agent.
(ii) Full name of the individuals) contacted or attempted to be contacted for authorization for completion
of additional labor, ancillary equipment, or removal of cargo or commodities for the purpose of disposal or
storage.
(iii) The company representing the legal owner, registered owner, or owner's agent if applicable.
(iv) Date and time of each contact.
(v) Phone number and any other contact information that was available at the time of the contact.
(c) The patrol will provide the insurance information by request of the operator, if available.
(5) After hours release fee may be assessed if the tow operator or employee must be at the business
location specifically for the purpose of releasing the vehicle and/or property on any weekday after 5 p.m. and
before 8 a.m.; Saturday or Sunday; or on any state recognized holiday. After hour fees must:
(a) Be based on a flat, hourly rate;
(b) Be applied to the resulting net time and, after the first hour, must be rounded to the nearest fifteen
minutes; and
(c) Be no more than one-half of the class "A" rate.
(6)(a) Any tow operator who charges the general public (i.e., private citizens) rates lower than those
identified in the contractual agreement for the following services must charge the same lower rate for similar
services performed as a result of patrol initiated calls:
(i) Roadside mechanical service including, but are not Iunited to, fuel transfer, tire and belt changes;
(ii) Disabled vehicle tow/transportation;
(iii) Storage;
(iv) After hours release fees.
(b) The price requirement in subsection (a)(i) through (iii) of this section does not apply to unoccupied
vehicle situations in which the owner/operator has had no prior contact with either the state patrol or the tow
operator.
(7) Upon redemption of a vehicle, an additional charge may not be assessed for moving or relocating
any stored vehicle from inside a tow operator's storage yard to the front of the business establishment.
(8) Tolls and ferry fares paid by the tow operator or employee as a result of charges attributed to
services provided during travel to and from a service call while using the shortest reasonable route, may be
added as a separate line item to the tow bill. Added charges must be evidenced by a receipt or highlighted
(i.e., "Good to Go" or "Wave to Go") on the transaction document and kept in the vehicle transaction file for
inspection purposes.
22508Q Agreement Page 7 of 8
[Statutory Authority. RCVV40,55.115and 40.5S.UG3.WOR2O'O8-OGO.§2U4'91Ar14O.filed 3/27/20.effective
4/27/20. Statutory Authority: F\CVV4S.37.OU5.4S.S5.U50.and 4G.5S.115.VVSR14-17'1O4.§2O4-81Ar14O.filed
8/19/14. effective B/1Q/14;VVSR 13-18-065. §2O4'81A'14O,filed 9/3/13. effective 10/4/13; VVSRD9-OS-11R. G
2O4'91A-14O,filed 4/21/09. effective 5J22/09, Statutory Authority: RCVV4G.3T.QO5 and46.55.115. VY5R 07'02-
025A. §2O4-91A-14U.filed 12/22/06. effective 1/22/07. 8tatukzry/\uthmhiy� RCVV48.37,085. VVSR 04'20'021.
§2O4-S1A-14O. fi|ed9/2B/O4, effective 10/29/04. Statutory Authority: RCVV46.3T.005, 46.55.050.
and40.55'115. VV5R 02-07-055. § 204-91A-140. filed 3/15/02. effective 4/15/02. Statutory Authority:
RCVV4g.37.o05and 46.55'O50.VV8R9T-08-U21. &2O4-81A-140.filed 3/25/97. effective4/25/S7. Statutory
Authority:� RC \ 46.61. / 7.VV9RG9-21-044, 83O4'91A,140.filed 10/13/89. effective 11/13/89. Statutory