HomeMy WebLinkAboutWeber's Towing - Rotational Towing Agreement,
CITY OF YA�KUMAROTA0'UONAL TOWING AGREEMENT
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DOLNO.
THIS TWO-PART
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JARM Name)
C08HENTkSANAGREEMENT BETWEEN:
AND THE CITY OFYAKIMA:
DOING BUSINESS AS
ATTACHMENT
PART U:LETTER OF A�»POINTMENT—CITYOF YA0CUMA ROTATIONAL TOW LUST
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
And/or Tow Zone
��o�A,��C\orETmdm1
^ ,
Class C Trucks
This Letter of Appointment is valid for the above -named person(s) and business location only. It is valid until
IP/ A Q0a I , or until cancelled, superseded, suspended, or revoked as set forth herein.
This Letter of Appointment is effective from :0,1C) through &/-aa ' / -'4 A I . However, if neither party
asks nore-open this agreement, then the LeoAppointment will be automatically each following .year (and
the increases stipulated under "future increases" will be implemented by the City of Yakima as adjusted with the VVSP
rates). The maximum term ofthis agreement shall befive (S)years.
The above named tow operator shall be licensed by the Washington State Department of Licensing (DOU 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 of46B RCW, 204-91A WAC, and
30Q'G1VVACascurrently formulated mrasmay besubsequently amended. This agreement may berenegotiated ifthere
are major changes inthe economic conditions.
ZIU2O-QRotational Towing Page 16of23
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/oper°tor shall ensure tow truck drivers responding to calls initiated by the City of Yakima are
ualified com etent trained and roficient in the use of the tow truck used and its related a ui ment. This
trainingandproficiency includes, but is not limited to, the procedures necessary for the safe Cowin
recovery of the various types of vehicles serviced through the City of Yakima rotational process.
and
Capability to provide a 20 minute response time is r°euired
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 % 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 Aloads.
13. Extra Equ power: Only the registered or legal owner of u 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 orequipment asoutlined inVVA[204'91A'14O(d).
14. Application of Rate Maximums: These rate maximums shall apply whether the services are provided as a result
mf"primam'(inbia|)or"secondary'tows asdefined inVVA[2O4'91A'O3O
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
byreasonable efforts oframovm|"
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
VVSPRates.
17. Future Increases: The Seattle -Tacoma -Bremerton area Consumer Price Index for all Urban Consumers (C9|'U)—
Transportation expenditure category will be utilized for future increases/decreases in truck and storage rates.
Said increaseo/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 [P|'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 o motor vehicle, cargo, ordebris 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
byreasonable efforts ofremoval. "
The City of Yakima will call the tow operators on a rotational basis with other tow operators who have qualified and are
issued aLetter ofAppointment for the above listed zone(s). Only tow truck operators who have acurrent/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/:ompony.
The applicant agrees, as a condition of inclusion on the rotational tow list, to comolv with the terms and conditions, of
this agreement. Furthermore, the applicant agrees that failure bv anv emplovee of the towing company to comDlv with
these terms and conditions shall be cause for written reprimand, suspension, or termination. Alleged violations of the
agreement, RCWs and/or WAC's will be investigated bv the Citv of Yakima. The operator will be notified of thefindings
within thirtv calendar days of the conclusion of the investigation.
This agreement may becanceled 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,
orfailure tofollow requirements outlined inR[VVnrVVAC's;
3. The City of Yakima, immediately upon receiving written notice from DOL the RlTO'u license has been
suspended, cancelled, orrevoked byDOL.
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.
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, ordamages tm property arising out of, result from or
occurring inconnection with the performance orany service hereunder.
(@) The Service Provider shall take all necessary precautions in performing the work hereunder to
prevent injury topersons and property.
(C) Without limiting any of the Service Provider's obligations hereunder, the Service Provider yho||
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 U\ page, attached hereto and
incorporated herein bvthis reference. The Service Provider before commencing services hereunder, shall deliver to the
City'u Purchasing Manager, 129 North 2nd Street, Yakima, Washington 88901, one copy of 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
---"---_--_-""-_'--.
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 o Court of competent jurisdiction within the State of
Washington inand for Yakima County.
Bob Harrison, ity Manager
CITY CONTRACT
RESOLUTION NO: -
I2O38'QRotational Towing
(name ofbusiness)
Print Name
Page 19of23
ATTACHMENT B
Fee
Where WA State Patrol is referenced, it shall also apply to City of Yakima
Fees.
(1) Towing fees must be based onaflat, hourly rate only and will apply without regard to the hour ofday, day
of the week mrwhether the service was performed onoSaturday, Sunday, nrstate recognized holiday. The
hourly rate for each class oftruck must becharged for services performed for initial tows and secondary tows
performed during business hours. Charges for secondary tows performed during nonbusiness hours, on
weekends orstate recognized holidays, ifdifferent from the hourly rate, must banegotiated and agreed upon
with the vehicle owner/agent before the tow is mode.
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 oustomnor(o)has been fully
reimbursed.
(2) The chief ordesignee will, prior to October 15th of each year, establish mnmxinnunn hourly towing rates for
each class cf tow truck and maximum daily storage rates that tow operators may charge for services
performed as a result of state pEdnn| 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 mrdesignee 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 rate eohmdu|a 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 |ndudee, but may not bm 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 romdvvmV and areas referred to as the "scene or incident location," necessary
winching, dolly service, drive line nemnoxa|, installation of chains on the tow truck, installation of portable |ights,
vehicle hookup for towing or transporting, tire replacement and standby time. Before leaving any collision or
incident |ooedion, the tow company must advise the department mftransportation, the pmtnm|. local law
enforcement road department ofall fluid api||e 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 debrie, oargo, orother items olthe collision or incident location must have prior authorization from
the legal or nygie1enyd owner/mgent, or member of the patrol at the emane, 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, orother items atthe collision orincident 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 toits tow
zone, responds to another call, returns to the storage area, or returns to the place of business of the registered
22U2Q'QRotational Towing Page 2Oof23
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.
The hourly rate must be applied to the resulting net time and, after the first hour, must be rounded to the
nearest fifteen minutes. The operator may charge the hourly rate for the first hour or any fifteen minute portion
thereof.
(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:
(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 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
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.
22028-Q Rotational Towing Page 21 of 23
(6)(a) Any tow operator who charges the general public (i.e., private citizens) rates lower than those identified
inthe contractual agreement for the following services must charge the same lower rate for similar services
performed aearesult mfpatrol initiated calls:
(i) Roadside mechanical service including, but are not limited to, fuel transfer, tire and belt changes;
(ii)Disabled vehicle tmw8nenmpmrtaUon;
(iii)8tonage;
(k) 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 1othe front ofthe business establishment.
(B) Tolls and ferry fares paid bythe tow operator oremployee aeoresult mfcharges attributed toservices
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.
[Statutory Authority: RCVV48.37.005.48.55.O5D.and 48.55.115.W8R14-17-1O4.§ 2O4-91Ar14O.filed
8/19/14. effective 9/1B/14;VV8R 13-18-005. q2O4-S1Ar14O.filed 9/3V13.effective 10/4/13;VVSR|09-09-118. §
2U4-91A-14O.filed 4/21/OS. effective 5/22/09. Statutory Authority: RCVV48.37DO5 and 46.55.115.VVSRO7-O2-
O25A. §2O4-81A,14D.filed 12/22/06. efMyo1|ma 1/22/07. Statutory Authority: RCVV46.37.005.\8SRO4-2O-O21.
§ 2D4-S1A-140.filed S/28/O4. effective 10/28/04. Statutory Authority: RCVV48.37.00S.4G.55.O5O. and
46.55.115.\8/8Ri02-07-056. § 204-81A-140. filed 3/15/02. efNactiVe4/15/O2. Statutory Authority: F{CW
46.37.005and 40.55.O5O.VVSFlS7-O8-O21. §2O4-S1A-14D.filed 3/25/B7.effective 4/25/87. Statutory Authority:
RCVV40.61.50T.VV8R|89-21-O44.§ 2O4-S1A-14O.filed 1O/13/89.effective 11/13/GG.Statutory Authority: RCVV
40.35.005[46.37.DO5].VVSR|8S-14-015(Order 89-O4-EGR).§2O4-B1Ar14O.filed 8/23/88]
J%02Q'QRotational Towing Page 22of23