HomeMy WebLinkAboutHinds Towing - City of Yakima Rotational Towing Agreement ATTACHMENT A
CITY OF YAKIMA ROTATIONAL TOWING AGREEMENT
DOL NO.
--� THIS TWO-PART DOCUMENT IS AN AGREEMENT BETWEEN:
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(Applicant)
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(Firm Name)
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(Address) (Phone Number)
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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:
Tow Operator Initialer
Tow Zone Class A, B,C, D,or E Trucks
City of Yakima
Tow Operator Initiahr
And/or Tow Zone Class C Trucks
This Letter of Appointment is valid for the above-named person(s) and business location only. It is valid until
Lo/2a/20 2 I ,or until cancelled,superseded,suspended,or revoked as set forth herein.
This Letter of Appointment is effective from WA,RicA o o through(o/aoZ/s'\OR I . 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.
22028-Q Rotational Towing Page 16 of 23
PART II: 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 20 minute response time is required.
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 RTO Employee/Driver WSP Rate (per hour) (based on %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.
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
22028-Q Rotational Towing Page 17 of 23
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. 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".
16. 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.
17. 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 January 1' 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 December of the previous
year.
18. 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 on 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 reprimand, 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 findings
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 WAC'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.
22028-Q Rotational Towing Page 18 of 23
Indemnity/Insurance:
(A) The Service Provider agrees to indemnify and save harmless the City, its officers, 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 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.
(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 attached 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.
Entire Agreement:
This Agreement,along with the RFQ Specifications and other documents incorporated herein, shall constitute the entire
Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the
parties.
Law/Severability/Venue:
The laws of the State of Washington govern the construction interpretation, execution and enforcement of this
Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction,such holding shall not invalidate or render unenforceable any other provision of this Agreement.
In the event that any litigation should arise concerning the construction or interpretation of any of the terms of the
Agreement, the venue of such action of litigation shall lie in a Court of competent jurisdiction within the State of
Washington in and for Yakima County.
By: A / h'l6U / Y th%t
Alex Meyerhoff, Interi y Manager (name of business)./
Date: g-D ! D-Z) Date: —30
CITY CONTRACT NO:aOaO- IOy By41/VZ
RESOLUTION NO: NCI..
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Print Name
22028-Q Rotational Towing Page 19 of 23