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HomeMy WebLinkAboutDude Where's my car -City of Yakima Rotational Towing AgreementDude Where's My Car (Apoican1 KENNETH E HAYS f im Nal».0.�., 1306 S 18th Street, Yakima WA 98901 (509) 249-5440) aa/f`SSj t0wdude5205 c@yaho©.uom -Irma AdesD AND THE CITY OF YAKIMA: CITY OF YAKIMA ROTATIONAL TOWING AGREEMENT 05205 DOL NO. THIS TWO-PART DOCUMENT IS AN AGREEMENT BETWEEN: DOING BUSINESS AS Num,e 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 A , B, C, D, or E Tow Zone Trucks A, E This Letter of Appointment is valid for the above -named person(s) and business location only. It is valid until 06124)25 , or until cancelled, superseded, suspended, or revoked as set forth herein. This Letter of Appointment is effective from 06/24/25 through 06123/26 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 Agreernent Page 1 of 8 PART il. ROTATIONAL TOW RATE CAP AGREEMENT This agreement contains rules and regulations a tow operator agrees to comply with in order to receive 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. The tow owner/operator shall ensure tow truck drivers responding to calls 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 towing and recovery of the various types of vehicles serviced through the City of Yakima rotational process. Capability to provide a 30 minute response time is required. A 30-minute response is required Monday through Friday, 8:00AM to 5:00eM. For requests made outside ofW these times and on weekends or holida s a 40-minute response time is required. Three strikes rule: Authorized tow companies that have three unsuccessful City of Yakima rotational tow responses (responses to the site took longer than 30 or 40 minutes as applicable) within a rolling calendar year may be removed from the City of Yakima rotational tow list for up to one calendar year from the date of removal. Authorized tow companies may petition the designated Agent for the City of YakimafYakma Police Department for readmission 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 same lower rate for similar services performed as a result of City of Yakima originated calls and authorized impounds for services that include, but are not limited to: 1 Roadside mechanical service, including fuel transfer, tire, and belt changes. etc. 2 Disabled vehicles tow/transportation, 3. Storage, 4, After hours release fees. Rates shall not exceed (but may be less than) Rates as set annually by Washington State Patrol (WSP). 5 Storage Rate: WSP Rate 6. Storage: Storage rates shall follow the guidelines set forth in WAC 204-91A-140. 7. Hourly Labor: Extra RTTO Employee/Driver WSP Rate (per hour) (based on 1/2 the current Class A Truck Rate: must have supporting documentation showing continuous employment) 8, Casual Labor: Charges based 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 20 percent mark-up. 10. Handling and Disposing of Hazardous Materials: 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-D). The cost of using a rotator, other than the S1 will be its class rate plus 40 percent. Rotator rates shall only apply if: a. 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. b. 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. 22508Q Agreement Page 2 of 8 12. The term "GVWR" Gross Vehicle Weight Rating applies to Class B with 30,000 lbs. GVWR or more with air brakes and rates apply only if the vehicle being towed has a GVWR between 26,000 lbs. and 33,000 lbs. a. Class E & S rates shall have a maximum rate appropriate for its GVWR. For example, if a Class 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. 13. Extra Equipment/Manpower: 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. 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 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 is used or not, This fee is included in the WSP Rates, 16, Removal Liability: RCW 46,52.020 (b) states, "A law enforcement officer or representative of the department of transportation may cause a motor vehicle, cargo. or debris to be moved from the roadway; and neither the department of transportation representative, nor anyone acting under the direction of the officer or the department of transportation representative is liable 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 of Appointment for the above listed zone(s). Only tow truck operators who have a 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 agrees, as a condition of inclusion an the rotational tow list, to comply with the terms and conditions of this agreement. Furthermore, the applicant agrees that failure by any employee of the towing company to comply with these terms and conditions shall be cause for written re rimand, suspension, or termination. Alleged violations of the agreement, RCW's and/or WAC's will be investigated by the City of Yakima. The operator will be notified of the findinas 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 activity, deliberate over- charging, or failure to follow requirements outlined in RCW or VVAC's; 3 The City of Yakima, immediately upon receiving written notice from DOL the RTTO's license has been suspended, cancelled, or revoked by DOL. Nothing herein shall be deemed to prohibit the City of Yakima from immediately suspending any applicant, operator, or employee where in the opinion of the Agent for Yakima Police Department, there is a danger to the public health, safety or welfare, or where the applicant, operator, or employee has engaged in conduct constituting a violation of this signed agreement. This includes instances in which a tow operator arrives at a site with equipment that is deemed unsafe by the officer in charge of the scene. Indemnity/Insurance (A) The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any arid all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, 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. 22508Q Agreement Page 3 of 8 (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. 2nd 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 cif 8 IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written City Manager Date: C Y (:ToT NO O L ION NO: Attest: City Clerk List of Attachments to this contract. ki/A Attachment A - Sample Agreement (Excluded) Attachment 8 - WAG 204-91A-140 Fees (Attached) Attachment C - Sample Insurance (Excluded) DUDE WHERES MY CAR 06 17 2025 Date: KENNETH E HAYS 22508Q Agreement Page 5 of 13 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 less 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 owner/agent, 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 a1 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 owners 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 owners agent. (ii) Full name of the individual(s) 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 am,: 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 limited 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 operators 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. 2250B0 Agreement Page 7 of 8 [Statutory Authority: RCW 46,55.115 and 46,55,063. WSR 20-08-080, § 204-91A-140, filed 3/27/20, effective 4/27/20, Statutory Authority: RCW 46,37.005, 46.55.050. and 46,55.115. WSR 14-17-104, § 204-91A-140, filed 8/19/14, effective 9/19/14: WSR 13-18-065, § 204-91A-140, filed 9/3/13. effective 10/4/13; WSR 09-09-118, § 204-91A-140, filed 4/21/09, effective 5/22/09. Statutory Authority: RCW 46.37.005 and 46.55.115. WSR 07-02- 025A, § 204-91A-140, filed 12/22/06, effective 1/22/07 Statutory Authority: RCW 46.37.005. WSR 04-20-021, § 204-91A-140, filed 9/28/04, effective 10/29/04. Statutory Authority: RCW 46.37.005, 46.55.050, and 46.55.115. WSR 02-07-056, § 204-91A-140, filed 3/15/02, effective 4/15/02, Statutory Authority; RCW 46.37.005 and 46.55.050. WSR 97-08-021, § 204-91A-140, filed 3/25/97, effective 4/25/97. Statutory Authority: RCW 46.61.567. WSR 89-21-044, § 204-91A-140, filed 10/13/89, effective 11/13/89. Statutory Authority: RCW 46,35.005 [46 37,005], WSR 89-14-015 (Order 89-04-ESR), § 204-91A-140, filed 6/23/891 22508Q Agreement Page 8 of 8