A RESOLUTION approving specifications for the towing and storage of vehicles, pursuant to Seattle Municipal Code Section 11.30.220 A.

WHEREAS, the City of Seattle conducts a vehicle towing and storage program to maintain public safety and ensure traffic circulation, and has traditionally provided this service by contracting with registered tow truck operators; and

WHEREAS, the current impound towing and storage contracts expire in 2004, and the Director of Executive Administration, pursuant to the authority of SMC 11.30.220 A, has prepared the attached specifications for towing and storage of vehicles in anticipation of bidding and awarding new contracts; and

WHEREAS, the attached specifications have been reviewed and approved by the Director of Finance, the functional successor to the Budget Director referenced in SMC 11.30.220 A; and

WHEREAS, SMC 11.30.220 A states that the attached specifications are subject to approval of the City Council by resolution; NOW, THEREFORE,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEATTLE, THE MAYOR CONCURRING, THAT:

Section 1. The City Council hereby approves the draft specifications for towing and storage of vehicles, attached as "Exhibit A", as long as the following changes to the Invitation to Bid are made to section 8.28.4.1:

Release Facility and Primary Storage Lot. The Contractor shall have a release facility and a primary storage lot for storing impounded vehicle. The Contractor's release facility shall be located at its primary storage lot. The release facility and primary storage lot shall be within the Contracted Zone, in a Zone adjacent to the Contracted Zone, or for Zones 1 and 2 within two miles of the City limits to the north, or for Zones 5 and 6 within two miles of the City limits to the south.

Section 2. The Director of Executive Administration may make modifications to the attached specifications as he determines are in the best interest of the City.

Adopted by the City Council the ____ day of _________, 2004, and signed by me in open session in authentication of its adoption this _____ day of __________, 2004.

_________________________________

President __________of the City Council

THE MAYOR CONCURRING:

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2004.

____________________________________

City Clerk

(Seal)

Exhibit "A" Draft 2004 Impound Tow Contract

Mel McDonald/GMH

Tow Contract Resolution

July 26, 2004

Version #4

EXHIBIT A

Seattle Purchasing Services Division

700 5th AVE #4112

PO Box 94687

Seattle WA 98124-4687

CITY OF SEATTLE INVITATION TO BID

VEHICLE IMPOUNDMENT AND RELATED SERVICES

The City of Seattle is soliciting bids for VEHICLE IMPOUNDMENT AND RELATED SERVICES from registered tow truck operators as specified herein. The Invitation to Bid documents and related information may be obtained via The City of Seattle's web site www.cityofseattle.net/purchasing . A pre-bid conference will be held on _______________ at the time and place indicated in Section 2.2. Sealed bids shall be opened on _______________ at the time and place indicated in Section 2.2.

Table of Contents

Section 1 Invitation to Bid

Section 2 Solicitation Process Requirements

Subsection 2.2 Bidding Schedule

Section 3 Instructions for Bid Form A

Section 4 Instructions for Bid Form B

Section 5 Instructions for Bid Forms C, D, E, and F

Bid Form A Bidder Qualifications, Representations and Warranties

Bid Form B Price Sheet

Bid Form C Bid Certification

Bid Form D Non-Collusion Affidavit

Bid Form E Affidavit Regarding Criminal Record

Bid Form F Affidavit of Ownership

Bid Form G Optional Bidder Information

Appendix A Proposed Agreement for Vehicle Impoundment and Related Services

Exhibit 1 Map of Impound Towing Zones

Exhibit 2 Sample Parking Infraction

Exhibit 3 Sample Vehicle Report

Exhibit 4 Information for Notice of Impoundment to City

Exhibit 5 Fees Payable by Claimant

Exhibit 6 Fees Payable by City

Exhibit 7 Director's Rule Impound Contract Administrative Fees

Appendix B Estimated Impoundment Information for the Year 2003

Appendix C Forecasted Impoundment Information

1.0 Invitation to Bid

1.1 The purpose of this Invitation to Bid (hereinafter referred to as "ITB") is to secure vehicle impoundment and related services for vehicles ordered impounded by the Seattle Police Department ("SPD"). Except for rare circumstances, the vehicles will be located within the six Impound Towing Zones designated in the Seattle city limits. The services include, but are not limited to, towing, storing, protecting, and releasing or otherwise disposing vehicles. See Appendix A for the proposed agreement for vehicle impoundment and related services. See Appendix A, Exhibit 1 for a map of the Impound Towing Zones.

1.2 This ITB may result in a series of contracts in order to provide comprehensive coverage throughout the City of Seattle tow zones. In total, the City expects a minimum of two agreements and a maximum of six agreements. A Bidder may bid for one or more of the six Impound Towing Zones. A Bidder may be awarded an agreement for multiple zones, not to exceed four zones.

1.3 The agreements resulting from this ITB will support removal of unsafe or inoperable vehicles from the roadways, removal of abandoned vehicles before they become safety hazards, and storage and protection of vehicles that may be connected to crimes. The successful Bidders will be an integral part of the City's public safety response.

SPD will identify vehicles to be impounded, will communicate the locations of the impoundment to the successful vendors, and will exchange information with the successful Bidders relating to storage, register owner, holds, releases, and auctions. SPD is supported in its efforts by the Department of Executive Administration ("DEA"). DEA's role as the City's Contract Administrator involves review and approval of invoices, conducting lot inspections, and facilitating communication between the City and the successful Bidders.

In 1998 the City enacted legislation relating to driving while license suspended ("DWLS"). As a result of the legislation, the number of impounds increased. Initially, the annual volumes associated with the legislation were approximately 5,000 vehicles per year, fairly evenly distributed among the six Impound Towing Zones. As the program matured, volumes dropped to about one-half the initial level. A recent Washington State Supreme Court ruling involving persons whose licenses were suspended for unpaid tickets and fines will further reduce the volume of DWLS impounds.

1.4 Estimated impoundment information for the year 2003 is included in Appendix B. Forecasted impoundment information is included in Appendix C. The quantities are provided for informational purposes only. There is no guarantee as to the actual quantity of services that will be required from the successful Bidders. A copy of the agreements with the current Contractors may be obtained from the City's web site at www.cityofseattle.net/purchasing .

1.5 The City has established _______________ as the desired agreement execution date, and 12:00 a.m. on _______________ as the desired performance start date and time. The initial term of the agreements will be three years. At the discretion of the City, an agreement(s) may be extended in one year increments for an additional three years.

1.6 Prior to agreement award, the Apparent Successful Bidder shall demonstrate that it has complied with all requirements for performing the agreement, including but not limited to, facilities, equipment, and logistics.

2.0 Solicitation Process Requirements

2.1 Communications with the City

All Bidder communications regarding this ITB must be directed to the City's Buyer. The City's Buyer is:

Ann Kelson

Principal Buyer

Seattle Purchasing Services

Phone: 206-684-0539

Fax: 206-233-5155

e-mail: ann.kelson@seattle.gov

Unless authorized by the City's Buyer, no other City official or employee is empowered to speak for the City with respect to this ITB. Bidders are advised that the City shall not be bound by information, clarifications, or interpretations from other City officials or employees. Bidders are cautioned against contacting any City official or employee other than the City's Buyer. Failure to observe this requirement may be grounds for rejection of Bidder's bid.

2.2 Schedule

The estimated schedule of events through performance commencement is:

ITB Release Date ___________________________

Pre-Bid Conference

Time: ____________________________

Location: ____________________________

Deadline for Questions and

Requests for Addenda _____________________________

Deadline for Issuance of Addenda _____________________________

Bids Due _____________________________

Announcement of Apparent

Successful Bidders _____________________________

Protests Due _____________________________

Agreement Execution _____________________________

Performance Commencement _____________________________12:00 a.m. PT

2.3 Pre-Bid Conference

A pre-bid conference will be held at the time and location indicated in Section 2.2 above.

The purpose of the pre-bid conference is to provide Bidders with an opportunity to obtain clarification of this ITB. Bidders are encouraged to submit questions, comments and requests in writing to the City's Buyer prior to the pre-bid conference.

Attendance at the pre-bid conference is optional. Failure to attend the pre-bid conference will not preclude a Bidder from submitting a bid.

2.4 Letter of Interest

Bidders wishing to receive addenda to this ITB, answers to questions posed by other Bidders, and related information shall submit a Letter of Interest to the City's Buyer by fax or email no later than the time and dated listed in Section 2.2.

The purpose of the Letter of Interest is to ensure Bidders receive all ITB addenda, answers to questions posed by Bidders, and other related information. The City will consider this letter as an interest to bid only, without further obligation to the Bidder.

The Letter of Interest must designate the office, employee or agent who will be the Bidder's contact for all communications regarding this acquisition. The following information should be provided for this individual:

Name

Title

Company Name

Mailing Address

Telephone Number

Fax Number

Email Address

2.5 Questions and Requests for Addenda

Bidders who have questions about or suggestions for changes to this ITB may direct them to the City's Buyer in writing by fax or email.

Questions and requests for addenda must be received by the City's Buyer no later than the date and time listed in Section 2.2. Questions received after this time will not be considered or answered.

Failure by a Bidder to request clarification of any inadequacy, omission or conflict shall not relieve the Bidder of the responsibility of being in compliance with the ITB.

2.6 City Answers and Addenda

Changes to this ITB will be made only by formal written addenda issued by the City's Buyer. Any such addenda and City answers to questions will be issued no later than the date and time listed in Section 2.2. Addenda and City answers will be emailed or faxed to all Bidders who submitted a letter of interest.

Changes to this ITB may be made by the City if, in the sole judgment of the City, the changes will not compromise the City's objectives in this acquisition.

All addenda issued by the City shall become a part of the specifications of this ITB, and will be made part of the resulting agreement.

2.7 Proprietary Material

A Bidder shall clearly mark any proprietary information contained in its bid with the words "proprietary information." Bidder shall not mark any Bid Form as proprietary. Marking all or nearly all of a bid as proprietary may result in rejection of the bid.

Bidders should be aware that the City is required by law to make its records available for public inspection, with certain exceptions (see RCW Chapter 42.17). The Bidder, by submission of materials marked proprietary, acknowledges and agrees that the City will have no obligation to advocate for non-disclosure in any forum or any liability to the Bidder in the event that the City must disclose these materials.

2.8 Multiple Bids

A Bidder may bid for one or more of the six towing zones. The Bidder shall submit only one bid package regardless of the number of zones bid. The City will evaluate each zone independently. A Bidder may be awarded an agreement for fewer than the number of zones bid by that Bidder.

2.9 Delivery of Bids

Sealed bids must be received at Seattle Purchasing Services Section no later than the date and time listed in Section 2.2. The bids will be opened and read publicly at that time.

If the bid is delivered by the U.S. Postal Service, the bid should be addressed to:

Ann Kelson, Principal Buyer

Seattle Purchasing Services Section

PO Box 94687

Seattle, WA 98124-4687

If the bid is delivered by an entity other than the U.S. Postal Service, the bid should be addressed to:

Ann Kelson, Principal Buyer

Seattle Purchasing Services Section

700 5th AVE #4112

Seattle, WA 98104

Bidders shall enclose bids in sealed envelopes. The envelope should identify the Bidder's name, mailing address, Item/Impoundment Services, ITB# _____, and the time and date of opening.

The City shall not consider bids submitted by facsimile (fax).

Bidders are solely responsible for ensuring that bids are delivered on time. Delays caused by any delivery service, including the U.S. Postal Service will not be grounds for an extension of the deadline for receipt of bids. Bids received after the deadline will be returned unopened.

2.10 Cost of Bids

The City shall be not be liable for any costs incurred by Bidders in the preparation and submittal of a bid(s) in response to the ITB or in the participation of any part of the acquisition process.

2.11 Errors in Bids

Bidders are responsible for all errors or omission in their bids, and any such errors or omission will not serve to diminish their obligations to the City.

2.12 Withdrawal of Bids

A bid may be withdrawn by written request of the Bidder prior to the bid due date and time listed in Section 2.2. No bid may be withdrawn for a period of ninety (90) calendar days after the bid due date and time.

2.13 Changes in Bids

Prior to the bid due date and time listed in Section 2.2, a Bidder may make changes to its bid provided the change is initialed and dated by the Bidder. No changes to bids shall be made after the bid due date and time.

2.14 Rejection of Bids

The City reserves the right to reject any and all bids and to waive any immaterial defects and irregularities in bids.

2.15 Disposition of Bids

All materials submitted in response to the ITB, including samples, shall become the property of the City upon delivery to the City.

2.16 Incorporation of ITB and Bid in Agreement

This ITB, including all attachments and addenda, and all promises, warranties, commitments and representations in the successful bid shall be binding and shall become obligations of the agreement.

2.17 Protests

Any protest of a notice of intent to award or of a notice that a bid is nonresponsive must be filed by 5:00 p.m. on the third business day after such notification. All such protests shall be in writing, contain a complete statement of the grounds for protest, and be filed with the Purchasing Manager, PO Box 94687, Seattle, WA 98124-4687, FAX 206-233-5155.

Protesting parties must demonstrate as part of their protest that they made every reasonable effort within the schedule and procedures of this ITB to resolve the basis or bases of their protest during the solicitation process, including asking questions, seeking clarifications, requesting addenda, and otherwise alerting the City to perceived problems so that corrective action could be taken prior to the selection of the Apparent Successful Bidder(s). The City will not consider any protest based on items which could have been or should have been raised prior to the deadline for submitting questions or requesting addenda. The filing of a protest shall not prevent the City from executing an agreement with any other bidder.

2.18 Bid Submittal

Bidders must submit two (2) sets of all bid documents; one (1) set clearly marked original and one (1) set clearly marked copy. Bids must be sealed and the envelope must clearly indicate the information as described in Section 2.9.

Bidders must fully complete and submit the following documents:

1) Invitation to Bid Form (blue form) signed by Bidder

2) Bid Form A Bidder Qualifications, Representations and Warranties including Bidder-provided attachments:

Attachment 1 Income Tax Return and all Schedules for the year 2003

Attachment 2 Facility Information

Attachment 3 Equipment List

Attachment 4 Subcontractor's List

3) Bid Form B Price Sheet

4) Bid Form C Bid Certification

5) Bid Form D Non-Collusion Affidavit

6) Bid Form E Affidavit Regarding Criminal Record

7) Bid Form F Affidavit of Ownership

8) Bid Form G Bidder Optional Information

3.0 Instructions for Bid Form A Bidder Qualifications, Representations and Warranties

3.1 Bidder shall complete and submit Bid Form A. Bidder shall provide additional information as required.

3.2 The City reserves the right to inspect any of Bidder's facilities and equipment after the bid due date and time listed in Section 2.2. The Bidder shall make such facilities and equipment available for the City's inspection within eight (8) business hours of the City's request. The City may require additional information concerning a Bidder's facilities, equipment, personnel, and procedures. The Bidder shall supply such information within the time noted in the City's request.

3.3 The City shall consider awarding agreements only to responsible Bidders. Responsible Bidders are those that have, in the sole judgment of the City, the financial ability, character, reputation, resources, skills, capability, reliability, and business integrity necessary to perform the requirements of the agreement.

In determination of responsibility, the City may consider all information available to the City, whether specifically provided by the Bidder in response to this ITB or other information otherwise available to the City in evaluating the responsibility of the Bidder. Such information may include, but is not limited to, experience and history of the City with current and/or prior contracts held by the Bidder with the City or with other agencies, references provided by the Bidder to the City, information provided by the Bidder as part of the ITB responses, and information not specifically provided by the Bidder but is otherwise available to the City and has merit in consideration of responsibility, in the opinion of the City. The evaluation of responsibility shall be determined by the City and shall be in the sole opinion of the City. Such evaluation by the City shall be final and not subject to appeal.

Furthermore, no agreement will be awarded to a Bidder if any owner of such Bidder has been convicted within the past ten (10) years of a crime involving dishonesty or false statements, or if the Bidder has unsatisfied tax or judgment liens.

4.0 Instructions for Bid Form B Price Sheet

4.1 Multiple Zones: Bidder may bid for one or more towing zones. A Bidder may be awarded an agreement for multiple zones, not to exceed four (4) zones. For the purposes of bid evaluation, Bidders will be considered the same legal entity if the same person owns 50% or more of the stock of each Bidder. In the event one legal entity is the low and best Bidder for more than four (4) zones, the City shall determine which four zones to award that Bidder based upon cost advantage to the City.

4.2 City Established Fees: The City has established the rates for fees payable by the City, and the rates for the Class B, C and E Impound Fees, the DWLS Impound Fee, the DWLS Storage Fee, and the Additional Service Fees payable by Claimants. These established rates will be effective for the first year of the agreement. See Appendix A, Exhibits 5 and 6. After the first year of the agreement, the rates will be adjusted annually by the preceding year's annual Consumer Price Index for all urban consumers Seattle-Tacoma-Bremerton metropolitan area, All Items, (1982-1984 = 100), as determined by the U.S. Department of Labor, Bureau of Labor Statistics, and all such fees shall be rounded upwards to the nearest one-half dollar.

4.3 Bidder's Bid for Class A Impound Fee: In the space provided on Bid Form B, Bidder shall bid a firm fixed Class A Impound Fee payable by Claimants. For the purposes of bid evaluation only, the City will assume the following number of impounds annually per zone that are subject to the Class A Impound Fee payable by Claimants: Zone 1 = 2542, Zone 2 = 4171, Zone 3 = 7044, Zone 4 = 4423, Zone 5 = 2471, Zone 6 = 1793.

4.4 Bidder's Bid for Storage Fee: In the space provided on Bid Form B, Bidder shall bid a firm fixed storage fee payable by Claimants except for DWLS storage. For the purposes of bid evaluation only, the City will assume the following number of 12-hour storage increments annually per zone that are paid by Claimants except storage resulting from DWLS: Zone 1 = 11,758, Zone 2 = 22,470, Zone 3 = 27,110, Zone 4 = 20,250, Zone 5 = 14,100, Zone 6 = 8,050.

4.5 Bidder's Bid for Maximum Escalation Rate: The Bidder's bids for Class A Impound Fee and Storage Fee shall remain firm and fixed through the first year of the agreement. In the space provided, Bidder shall bid a maximum annual escalation percentage rate for years 2 through 6, should the City opt to extend the agreement for years 4, 5 and 6.

4.6 Bidder shall not include in its bid prices the City's Administrative Fee or state or local sales taxes.

4.7 For purposes of bid evaluation, the City will calculate bid using the following formula:

Year 1 Total = (Class A Impound Fee x Zone Impound Volume) + (Storage Fee x Zone Storage Volume)

Year 2 Total = Year 1 Total x Maximum Escalation Rate

Year 3 Total = Year 2 Total x Maximum Escalation Rate

Option Year 4 Total = Year 3 Total x Maximum Escalation Rate

Option Year 5 Total = Year 4 Total x Maximum Escalation Rate

Option Year 6 Total = Year 5 Total x Maximum Escalation Rate

Total for Bid Evaluation = Sum of Years 1 through 6

5.0 INSTRUCTIONS FOR BID FORMS C, D, E, F and G

5.1 Bid Certification

Bidder shall certify that its bid will be valid for ninety (90) days after submission. Bidder may be asked to extend this certification. Bidder shall complete, sign, and submit Bid Form C.

5.2 Non-Collusion Affidavit

Bidder shall complete, sign, and submit Bid Form D.

5.3 Affidavit Regarding Criminal Record

Bidder shall certify that no owner in its firm has been convicted within the past ten (10) years of a crime involving dishonesty or false statements. The owners of the Apparent Successful Bidder shall be subject to a criminal records check. Bidder shall complete, sign, and submit Bid Form E.

5.4 Affidavit of Ownership

Bidder shall complete, sign, and submit Bid Form F completely and accurately stating the names and addresses of all persons, firms, corporations, partnerships or other associations having any direct or indirect financial interest in the Bidder's business and the nature and extent of each such interest.

5.5 Bidder Optional Information

Bid Form G is for informational purposes only, is not required to be answered or submitted, and responses will not be taken into consideration in bid evaluation, or in agreement award or administration. Bidder may complete, sign, and submit Bid Form G.

Bid Form A Bidder Qualifications, Representations and Warranties (page 1 of 3)

Bidder Name:___________________________________________________________________________

The undersigned Bidder hereby certifies as follows:

A.1 Bid Submitted for Impound Towing Zone(s) The Bidder submits its bid for the following Impound Towing Zone(s) and its primary storage lot and release facility are located as described:

_____ Zone 1: Located within Zone 1, within a zone adjacent to Zone 1, or within five miles outside the City limits to the north of Zone 1.

_____ Zone 2: Located within Zone 2, within a zone adjacent to Zone 2, or within five miles outside the City limits to the north of Zone 2.

_____ Zone 3: Located within Zone 3 or within a zone adjacent to Zone 3.

_____ Zone 4: Located within Zone 4 or within a zone adjacent to Zone 4.

_____ Zone 5: Located within Zone 5, within a zone adjacent to Zone 5, or within five miles outside the City limits to the south of Zone 5.

_____ Zone 6: Located within Zone 6, within a zone adjacent to Zone 6, or within five miles outside the City limits to the north of Zone 6.

A.2 Registration and Experience The Bidder is a registered tow truck operator in the State of Washington and has a minimum of three (3) years of experience in towing, storing, protecting and releasing or otherwise disposing of vehicles.

State Registration Certificate Number: _____________________________________________

State Uniform Business Identification (UBI) Number: __________________________________

State the number of years of experience: ___________________________________________

A.3 Financial Stability Bidder submits as Attachment 1 to this Bid Form A a copy of the Bidder's Income Tax Return and all Schedules for year 2003.

A.4 Taxes and Liens Bidder has no unsatisfied tax or judgment lien on record.

Bid Form A Bidder Qualifications, Representations and Warranties (page 2 of 3)

Bidder Name:___________________________________________________________________________

A.5 Bidder's Release Facility and Storage Lot(s) Bidder shall comply with all requirements of the Seattle Zoning Code and the proposed agreement (see Appendix A) for its release facility, primary storage lot, and secondary storage lot no later than _______________. As Attachment 2 to this Bid Form A, Bidder shall provide the following information:

1) Street Address of Release Facility and Primary Storage Lot.

2) Square Footage of Primary Storage Lot.

3) Evidence of whether Primary Storage Lot is owned, leased or held as an option to purchase or lease by Bidder. Any option to purchase or lease property as a storage lot must be firm and in writing. Bidder shall submit a copy of such option.

4) Street address of Secondary Storage Lot.

5) Square Footage of Secondary Storage Lot.

6) Evidence of whether Secondary Storage Lot is owned, leased or held as an option to purchase or lease by Bidder. Any option to purchase or lease property as a storage lot must be firm and in writing. Bidder shall submit a copy of such option.

A.6 Bidder's Tow Truck and Tow Truck Equipment Bidder submits as Attachment 3 to this Bid Form A a list of all towing equipment owned or leased by the Bidder or held as an option for purchase or lease by the Bidder. The list shall include the type of equipment, quantity, make, model, year of manufacturer, and indication whether the equipment is owned, leased or to be purchased or leased by Bidder.

A.7 Communication Capabilities Bidder has a published telephone number. Bidder shall have a dedicated facsimile number, shall be capable of receiving and transmitting communications by email, shall be capable of providing reports using MS Excel or ASCII format, and shall provide a compatible ring down circuit between its dispatch office and SPD Communications no later than _______________.

A.8 Work Force Bidder shall provide a reasonable opportunity for the work force of the previous Contractors to seek employment with the Bidder.

A.8 Subcontractors Bidder submits as Attachment 4 to this Bid Form A a list of all subcontractors it will use in performing the requirements of the agreement resulting from this ITB. A subcontractor is any separate legal entity used to perform requirements of the proposed agreement. The list shall include the firm's name, contact person and title, mailing address, telephone number, fax number and a description of the service(s) to be subcontracted. Bidder shall also attach a copy of the letter from the subcontractor stating its commitment to perform the services(s) subcontracted.

Bid Form A Bidder Qualifications, Representations and Warranties (page 3 of 3)

Bidder Name:___________________________________________________________________________

A.9 References The City will enter into an agreement only with a Bidder(s) having a reputation of satisfactory performance. The Bidder's ability to provide timely service; knowledgeable, conscientious, and courteous tow truck drivers and office staff; reasonable care and skill; invoicing consistent with contract pricing, etc., are important to the City. Bidder provides information for two clients, other than the City of Seattle, that presently contract with Bidder for towing vehicles:

Reference #1

Firm Name: _______________________________________________________________

Address: _________________________________________________________________

Contact Person: _____________________________________________________________

Phone Number: _____________________________________________________________

Reference #2

Firm Name: _______________________________________________________________

Address: _________________________________________________________________

Contact Person: _____________________________________________________________

Phone Number: _____________________________________________________________

Note: The bid evaluators may contact the customer references, as well as any other customers or customer employees including The City of Seattle. A Bidder with unsatisfactory references may have its bid rejected.

A.8 Bidder's Examination Bidder has made its own examination, investigation and research regarding the work to be done and the services to be performed, all conditions affecting the work and services, and the type and quantity of labor, equipment and facilities necessary to perform. Bidder fully understands the character of the work and services, the manner in which payment is to be made, the terms and conditions of the proposed agreement (see Appendix A), and the ITB. Bidder acknowledges and agrees that it has satisfied itself by its own examination, investigation and research, and that is will make no claim against the City because of erroneous estimates, statements, or interpretations made by City. Bidder hereby proposes to furnish all materials, equipment, and facilities and to perform all labor which may be required to do the work within the time required and upon the terms and conditions provided in the proposed agreement and the ITB, and at the prices as bid.

Dated this _____ day of _________________ 2004.

_________________________________ _________________________________________

Signature Title

Bid Form B Price Sheet

Class A

Impound Fee (per impound)

Storage Fee

(per 12 hours)

Zone 1

Zone 2

Zone 3

Zone 4

Zone 5

Zone 6

Maximum Annual Escalation Rate: ________ % per year.

Dated this _____ day of _________________ 2004.

_________________________________

Signature

_________________________________

Title

Bid Form C Bid Certification

Bidder Name:___________________________________________________________________________

The undersigned Bidder hereby certifies as follows:

C.1 That he/she has read The City of Seattle's Invitation to Bid #DEAXXX, its appendices and attachments, and the following Addenda, and to the best of his/her knowledge, has complied with the mandatory requirements stated therein.

Addendum Issue Date

_______________________ _________________________

_______________________ _________________________

C.2 That he/she has had opportunity to ask questions regarding the ITB, and that such questions having been asked, have been answered by the City.

C.3 That the Bidder's bid consists of the following:

1) Invitation to Bid Form (blue form) signed by Bidder

2) Bid Form A Bidder Qualifications, Representations and Warrantiesprovided attachments:

Attachment 1 Federal Income Tax Return for the Year 2003

Attachment 2 Facility Information

Attachment 3 Equipment List

Attachment 4 Subcontractor's List

3) Bid Form B Price Sheet

4) Bid Form C Bid Certification

5) Bid Form D Non-Collusion Affidavit

6) Bid Form E Affidavit Regarding Criminal Record

7) Bid Form F Affidavit of Ownership

8) Bid Form G Optional Bidder Information

C.4 That the Bidder's bid is valid for ninety (90) days.

Dated this _____ day of _________________ 2004.

_________________________________ _________________________________

Signature Title

Bid Form D Non-Collusion Certificate

State of )

)ss.

County of )

The undersigned, being duly sworn, deposes and says that the person, firm, association, partnership or corporation herein, has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in the preparation and submission of a bid to The City of Seattle for consideration in the award of a agreement for Vehicle Impoundment and Related Services.

___________________________________________

Name of Firm

___________________________________________

Signature

___________________________________________

Title

SUBSCRIBED AND SWORN to before me this _____ day of ________________ 2004.

________________________________

Notary Public in and for the State of

______________ residing at ___________.

My Commission expires ______________

Bid Form E Affidavit Regarding Criminal Record

State of )

)ss.

County of )

I, _______________________________________________________________,

certify on behalf of ____________________________________________________ that:

1) I have inquired about the criminal record of each and every owner of the Bidder;

2) Within the past 10 years, the owners of the Bidder have been convicted of the following crimes:

Owner Offense Conviction Date

3) I certify that none of these convictions involve dishonesty or false statement.

4) One behalf of all the owners of the Bidder, I agree the owners will submit to a criminal records check to verify this certificate, if the Bidder is the Apparent Successful Bidder for an agreement for Vehicle Impoundment and Related Services.

Dated this _____ day of _________________ 2004.

_________________________________ _________________________________

Signature Title

SUBSCRIBED AND SWORN to before me this _____ day of ________________ 2004.

________________________________

Notary Public in and for the State of

______________ residing at ___________.

My Commission expires ______________

Bid Form F Affidavit of Ownership

State of )

)ss.

County of )

______________________________________, being first duly sworn upon oath, deposes and says: _________________________________, ______________________, ___________________________________, whose address(es) is (are) _______________________________________________, are the only person, firms, corporations, partnerships, or other associations having any direct or indirect financial interest in the Bidder's business as legal or equitable owner, creditor (except current bills for operating expenses), or holder of any security or other evidence of indebtedness.

Dated this _____ day of _________________ 2004.

_________________________________ _________________________________

Signature Title

SUBSCRIBED AND SWORN to before me this _____ day of ________________ 2004.

________________________________

Notary Public in and for the State of

______________ residing at ___________.

My Commission expires ______________

Bid Form G Bidder Optional Information (page 1 of 2)

Bidder Name:___________________________________________________________________________

Bid Form G is for informational purposes only, is not required to be answered or submitted, and responses will not be taken into consideration in bid evaluation, or in agreement award or administration. Bidder may complete, sign, and submit Bid Form G.

Affirmative Efforts to Utilize WMBEs The City encourages the utilization of woman-owned and minority-owned businesses and the participation of such businesses in City bidding opportunities. The City requests Bidder to designate whether it is a State certified woman or minority owned business (WMBE), or whether the Bidder desires to self-identify as owned by women or minorities.

Washington State WMBE Status:

Certification:

_____ Women's Business Enterprise WMBE Certification No._____________

_____ Minority Business Enterprise

_____ Minority and Women's Business Enterprise

_____ Disadvantaged Business Enterprise DBE Certification No._______________

Ethnicity:

_____ Asian American _____ Native American

_____ African American _____ White

_____ Hispanic

Gender: _____ Male _____ Female

Self-Identification: If Bidder is not Washington State WMBE or DBE Certified, please select one category of ownership that best describes the ownership of Bidder:

Is Bidder at least 51% owned by one or more women? _____ Yes _____ No

Is Bidder at least 51% minority owned? _____ Yes _____ No

Ethnicity:

_____ Asian American _____ Native American

_____ African American _____ White

_____ Hispanic

Gender: _____ Male _____ Female

Bid Form G Bidder Optional Information (page 2 of 2)

Bidder Name:___________________________________________________________________________

Cooperative Purchasing with Seattle Housing Authority The City of Seattle has entered or will enter into an Interlocal Purchase Agreement with the Seattle Housing Authority pursuant to RCW 39.34. The Bidder may agree to provide vehicle impoundment and related services to the Seattle Housing Authority at the same prices, terms and conditions as the agreement resulting from this solicitation. The City of Seattle accepts no responsibility for requests for services made by the Seattle Housing Authority. State whether Bidder agrees to provide impoundment services at the same prices, terms and conditions in the event the Seattle Housing Authority desires to enter into a contract with the Bidder.

Yes ___________ No __________

___________________________________________

Name of Firm

___________________________________________

Signature

___________________________________________

Title

Invitation to Bid #DEA-XXX

Vehicle Impoundment and Related Services

Draft 072004

Exhibit A to Tow Contract Resolution

Appendix A

Agreement

Between The City of Seattle and ________________________

For Vehicle Impoundment and Related Services

In Impound Towing Zone(s) _____

1. Agreement: This Agreement is effective the _____ day of ___________, (the "Effective Date"), by and between The City of Seattle (the "City"), a municipal corporation of the State of Washington, and ________________________________________________ (the "Contractor"), a __________ corporation authorized to do business in the State of Washington.

2. Entire Agreement: This Agreement, including all Supplements and Exhibits referenced herein, constitutes the entire agreement between the City and the Contractor. The City's Invitation to Bid #DEA*__ ("ITB"), the addenda to the ITB, and the Contractor's bid submitted in response to the ITB are explicitly included as Supplements to this Agreement. Where there are conflicts between these documents, the controlling document will first be this Agreement as amended, then the ITB as amended, and then the Contractor's bid. No oral agreements or conversations between any officer, agent, associate or employee of the City and any officer, agency, employee or associate of the Contractor prior to the execution of this Agreement shall affect or modify any of the terms or obligations contained in this Agreement.

3. Summary of Scope of Services: The Contractor shall perform vehicle impoundment services by towing, storing, protecting, and releasing or otherwise disposing of vehicles ordered impounded by the Seattle Police Department ("SPD"), and shall provide related services as required herein and as directed by the City. The Contractor shall provide the services 24 hours per day, 365 days per year within the Contracted Zone(s). SPD will request services only from the Contractor within Contracted Zone(s) except 1) when the Contractor fails to respond to a request for services, or 2) in other limited situations such as a major emergency or disaster response. From time to time SPD may also direct the Contractor to tow vehicles outside the Contracted Zone or outside the Seattle city limits on a nonexclusive basis. Exhibit 1 contains a map of the geographic boundaries of the Impound Towing Zones within the Seattle City limits. The Contractor shall meet or exceed performance standards and will pay liquidated damages to the City in the event the standards are not met. The Contractor shall provide notices and forms to Claimants and shall respond to complaints from citizens. The Contractor shall collect and remit administrative fees to the City, shall maintain records and provide reports, shall be available for inspection and audit, and shall communicate regularly with the City. Additionally, the Contractor shall support the City in preparing for and responding to major emergencies and disasters within The City of Seattle. This Section 3 is intended as an overview or summary of the scope of services. In the event there are conflicts between this Section and another part of the Agreement, the other part shall apply.

4. Term: The term of this Agreement shall be three years from the Effective Date. At the City's option, the term of the Agreement may be extended in one (1) year increments for three additional years for a maximum term of six years.

5. Volume of Business: The City does not guarantee a volume of business. Actual volume will be dependent upon demand for services and the Contractor's performance.

6. Towing Zones: For purposes of this Agreement, the City shall consist of the following towing zones (see also Exhibit 1):

Zone l, also known as the Northwest Zone, shall consist of that portion of the City west of Interstate 5 and north of the water passage-way comprised of Salmon Bay, Lake Union, Portage Bay, Union Bay, and the Lake Washington Ship Canal;

Zone 2, also known as the Northeast Zone, shall consist of that portion of the City east of Interstate 5 and north of the water passage-way comprised of Salmon Bay, Lake Union, Portage Bay, Union Bay, and the Lake Washington Ship Canal;

Zone 3, also known as the West Zone, shall consist of that portion of the City south of Zones 1 and 2, north of South Royal Brougham Way and west of Interstate 5;

Zone 4, also known as the East Zone, shall consist of that portion of the City south of Zones 1 and 2, north of Interstate 90 and east of Interstate 5.

Zone 5, also know as the Southwest Zone, shall consist of that portion of the City west of Interstate 5 and south of South Royal Brougham Way to the City limits.

Zone 6, also known as the Southeast Zone, shall consist of that portion of the City east of Interstate 5 and south of Interstate 90 to the City limits;

Common border streets will be included in each adjoining zone and will be served by the Contractors for both zones.

These zones are considered to adjoin:

Zone 1 adjoins Zones 2, 3, and 4.

Zone 2 adjoins Zones 1, 3, and 4.

Zone 3 adjoins Zones 1, 2, 4, 5, and 6.

Zone 4 adjoins Zones 1, 2, 3, 5, and 6.

Zone 5 adjoins Zones 3, 4, and 6.

Zone 6 adjoins Zones 3, 4, and 5.

7. Definitions: For the purposes of clarity and consistency, the following words shall have the following meanings in this Agreement unless the context clearly requires a different meaning.

91N means a parking infraction issued for parking a vehicle on any street or other municipal property for a period of time longer than 72 hours in violation of SMC 11.72.440.

Abandoned Vehicle means an impounded vehicle that has met all requirements to be eligible for auction.

Administrative Hearing Officer means the Director or his/her designee acting pursuant to the provisions of RCW 46.55.240(1)(d) and WAC 30861-168(2).

Claimant means the registered owner of an impounded vehicle, or a person authorized by the registered owner or one who has purchased the vehicle from the registered owner, who produces proof of ownership or authorization and who appears at the Contractor's place of business seeking to redeem an impounded vehicle.

Dangerous Wastes or Materials means any discarded, useless, unwanted, or abandoned substances, including, but not limited to certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:

a) Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratongenic, or carcinogenic properties; or

b) Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means. (RCW 70.105.010 (5

DEA means Department of Executive Administration.

Director means the Director of Executive Administration or his/her designee.

DTCZ means Downtown Traffic Control Zone.

DWLS means Driving While License Suspended.

Evidence Hold means an impounded vehicle held for evidentiary or investigatory purposes and available for redemption or disposal after SPD notifies the Contractor of the order to release the hold.

Hazardous waste or material means any dangerous waste which:

a) Will persist in a hazardous form for several years or more at a disposal site and which in it persistent form

i.) presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic make-up of man or wildlife, and

ii.) is highly toxic to man or wildlife

b) If disposed of at a disposal site in such quantities as would present an extreme hazard to man or the environment. (RCW 70.105.010 (6

Hazardous waste or material also means:

a) Materials which, if not contained may cause unacceptable risks to human life within a specified area adjacent to the spill, seepage, fire, explosion, or other release, and will, consequently, require evacuation;

b) Materials that, if spilled, could cause unusual risks to the general public and to emergency response personnel responding at the scene;

c) Materials that, if involved in a fire will pose unusual risks to emergency response personnel;

d) Materials requiring unusual storage or transportation conditions to assure safe containment; or

e) Materials requiring unusual treatment, packaging, or vehicles during transportation to assure safe containment. (RCW 70.136.020 (1

Litter means solid waste such as, but not limited to, disposable packages and containers equal to or less than one cubic foot in volume.

Illegally Dumped Waste means solid waste greater than one cubic foot in volume that must be removed from or around a vehicle before the vehicle can be safely towed. The term includes Dangerous Wastes or Materials but does not include Hazardous Waste or Material.

RCA means the Revenue and Consumer Affairs Division of the Department of Executive Administration.

Officer means a sworn Officer or a Parking Enforcement Officer of the Seattle Police Department.

RCW means Revised Code of Washington.

Request Received means the point in time when the vehicle location is confirmed by the Contractor's dispatcher with SPD Communications, or the time stamp on the facsimile or other communication sent by SPD.

Response time means the time interval from the time when the Contractor's dispatcher receives a request for service to the time that the tow truck arrives at the vehicle location.

SMC means Seattle Municipal Code.

Special Event means a concert, sporting event, parade, 91N enforcement, or other activity resulting in an unusually large number of impoundments during a short period of time.

Vehicle means every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, and is licensable as a vehicle with the Washington State Department of Licensing. The term does not include power wheelchairs or devices moved by human or animal power or used exclusively upon stationary rails or tracks. For the purposes of this Agreement, "vehicle" shall include any hull required by SPD for evidence purposes, and shall include, but not be limited to: Automobiles; Ambulance, Cabulance, Emergency Rescue, Hearse; Amphibious Vehicles; Assembled Vehicles; Buses/Vans; Cab and Chassis; Campers; Custom Built Vehicles; Farm Vehicles; Golf Carts; Hybrid Vehicles; Manufactured/Mobile Homes; Mopeds; Motorcycles; Motor Homes; Off Road Vehicles; Office Trailers; Scooters; Tent Trailers; Trailers; Trucks, and Watercraft on Trailers.

WAC means Washington Administrative Code.

8. Scope of Services

8.1 Request for Impoundment Services: SPD will request the Contractor to perform impoundment services as follows:

8.2 Designation of Vehicle for Impoundment: For every request for impoundment, SPD shall affix to the vehicle or provide to the Contractor at the time and place of the impoundment a hardcopy of:

8.2.1 notice of parking infraction (see Exhibit 2), and/or

8.2.2 vehicle report (see Exhibit 3).

8.3 Request for Impoundment on a Pre-Scheduled Basis: SPD will provide the Contractor with priority route(s) and designated start and end times for impoundment services during peak traffic hours, within restricted parking locations, and for Special Events. The Contractor shall be immediately available at the beginning of the route(s) and at the start of the designated time. The Contractor will consider a parking infraction affixed to the vehicle as SPD's request for impoundment. The Contractor shall impound such vehicle only when the Contractor can complete the removal prior to the expiration of the time during which parking is prohibited.

8.4 Request for Impoundment for a Specific Vehicle: SPD will request the Contractor to impound a specific vehicle. At a minimum, SPD will provide the Contractor with the vehicle location, number of vehicles, the type of vehicle, and indicate whether an officer is standing-by. SPD will make good faith effort to inform the Contractor whether special equipment such as a Class B, C or Class E Flatbed tow truck is required, and whether the vehicle will be towed to a City facility. The Contractor will receive requests for vehicle impoundment:

8.4.1 by telephone from SPD Communications for an immediate impoundment;

8.4.2 by appointment scheduled between an Officer and the Contractor for a specific location and time, or

8.4.3 by communication from an Officer for an impoundment to occur within 24 hours of the Contractor's receipt of such request.

8.5 Contractor Response: Upon request by SPD, the Contractor shall impound vehicles within the Contracted Zone. From time to time on a non-exclusive basis, SPD may also request the Contractor to impound vehicles that are located outside the Contracted Zone or outside the Seattle City limits, including but not limited to recovery of a vehicle from another jurisdiction or from another tow operator's lot.

8.6 Performance Standards: The Contractor shall meet or exceed the following performance standards. Contractor performance shall be measured by SPD.

8.6.1 Answering Dedicated Telephone. The Contractor shall answer the telephone dedicated to calls from SPD with direct, live voice communication within eight rings.

8.6.2 Accepting Request. The Contractor shall accept every request for impoundment.

8.6.3 Response Time with Officer Standing-By or in DTCZ. Except when a Class C or Class E tow truck is requested, the Contractor shall respond within 30 minutes. When a Class C or Class E tow truck is requested, the Contractor shall respond within 60 minutes.

8.6.4 Response Time without Officer Standing-by or outside DTCZ. Except when a Class C or Class E tow truck is requested, the Contractor shall respond within 45 minutes. When a Class C or Class E tow truck is requested, the Contractor shall respond within 60 minutes.

8.6.5 Appointment Time. The Contractor shall be present at the named location at the scheduled time.

8.6.6 Response Time for Impoundment of Vehicles with 91N Parking Infractions. The Contractor shall respond within 24 hours.

8.7 Failure to Meet or Exceed Standard:

8.7.1 Cancelled Request. In the event the Contractor's performance does not fall within a standard, SPD may cancel the request and may request the nearest available out-of-zone Contractor to impound the vehicle and tow it to the out-of-zone Contractor's lot at its Contract Rate. In no event shall the Claimant pay more than the lower of the in-zone or out-of-zone Contract rate. In the event the out-of-zone Contract rate is higher than the in-zone Contract rate, the in-zone Contractor shall pay the difference between the two Contract rates to the out-of-zone Contractor. A Claimant redeeming the vehicle must be provided taxicab transportation, at the in-zone Contractor's expense, from the in-zone Contractor's primary lot to the out-of-zone Contractor's primary lot within twenty minutes of his/her arrival at the in-zone Contractor's primary lot.

8.7.2 Assessment of Liquidated Damages. In the event the Contractor's performance does not fall within a standard and the City does not grant an exemption to the delay or non-response, the Contractor shall pay liquidated damages as described in Section 12.

8.8 Exemptions to Performance Standards: The City may grant an exemption to a standard in situations beyond the Contractor's control that cause unavoidable delays or no response. The City shall examine each incident of the Contractor not meeting a standard and shall take into consideration dispatch times, traffic, street blockages, severe weather, and other influencing factors including receiving notice from the Contractor that a response time is expected or is about to exceed the maximum response time. If the City determines the circumstances warrant, the City shall grant an exemption of the response from the performance standards. The following subsections describe situations when the City shall grant an exemption.

8.8.1 Declared Disaster. In the event an emergency is declared as defined by RCW Chapter 43.06, SPD shall grant exemptions from all standards during the declared emergency. See also Section 8.27 of this Agreement.

8.8.2 Two or More Tow Trucks Requested to One Impound Site. In the event two or more tow trucks are requested at one impound site, the first arriving tow truck shall be held to the response time standard. SPD shall grant an exemption for each tow truck arriving thereafter, provided the second tow truck arrives at the location of the impoundment within 60 minutes.

8.8.3 Response Location Errors. In the event SPD provides an inaccurate address, or if the location does not exist, the City shall grant a response time exemption. In the event the incorrect response is the result of an error made by Contractor's personnel, the City shall not grant an exemption.

8.8.4 Response Delayed by Accident. In the event the tow truck is involved in an accident and cannot continue to respond to the call, the City will grant an exemption provided the accident is not the fault of the Contractor, and the Contractor notifies SPD Communications and dispatches another tow truck to the impound site.

8.9 Impoundment of Vehicle and Safekeeping of Documentation: The Contractor shall impound a vehicle only when a hardcopy of a notice of parking infraction and/or a vehicle report is affixed to the vehicle or provided to the tow truck operator at the time and place of the impoundment. Upon impounding a vehicle, the Contractor shall remove the notice of parking infraction and/or vehicle report from the vehicle and shall hold such documents for safekeeping for delivery to any subsequent Claimant.

8.10 Hook and Release: The Contractor shall release a vehicle to a person claiming the vehicle at the location of the impoundment provided:

8.10.1 SPD has designated the vehicle for impoundment by a parking infraction only, and

8.10.2 the person arrives at the location after the Contractor has attached a hook to the vehicle and lifted its wheels off the ground and before the tow truck has left the location of the impoundment with the impounded vehicle in tow,

8.10.3 the person provides reasonable proof of ownership or authorization to operate the vehicle;

8.10.4 The person tenders full payment to the Contractor.

8.10.5 The Contractor shall not charge the City Administrative Fee, shall accept payment in the manner specified in Subsection 8.20.6, and shall prepare a receipt as provided in Subsection 8.26.

8.11 Towing Under Special Conditions: At the direction of SPD, the Contractor shall move or impound a vehicle otherwise legally parked but obstructing access to a public utility facility, obstructing passage of an oversize vehicular load, or obstructing access on a street or alley. At the time and location of the move or impoundment, the Contractor shall obtain from SPD the name of the person, agency or utility requesting the move or impoundment, its invoicing address, and its representative's name.

8.12 Care And Skill: During the impounding, towing and storage of a vehicle and at all times a vehicle is in the Contractor's custody, the Contractor shall use reasonable care and skill and shall employ generally accepted industry practices in conformity with SMC Ch. 11.30, RCW Ch. 46.55 and WAC Ch. 308-61 and shall also adhere to the operational procedures for contracted towing businesses adopted by the Washington State Patrol as set forth in WAC Ch. 204-91A to ensure that a vehicle is adequately protected.

8.12.1 Preservation of Evidence: In the event a vehicle is impounded as a result of an Evidence Hold, the Contractor shall coordinate with the on-scene Officer for preservation of evidence during towing and storage.

8.12.2 Secure Load: In the event a vehicle contains a load capable of shifting or falling from the vehicle while in the process of being impounded, the Contractor shall secure the load prior to towing the vehicle. If the amount or nature of the load contained in the vehicle prevents the Contractor from securing the load, the Contractor shall immediately notify SPD Communications, and shall not tow the vehicle. SPD Communications shall cancel the request for impound.

8.12.3 Clean Up and Removal of Vehicle Debris: When an SPD officer is present at the vehicle location, the Contractor shall coordinate with the officer for clean up and removal of vehicle debris. Unless directed by SPD to not clean up or remove debris, the Contractor shall treat oil or gasoline spills, and remove broken glass or other vehicle debris or parts associated with the vehicle to be impounded.

8.12.4 Removal of Litter: As a courtesy, the Contractor may remove litter located immediately adjacent to the impounded vehicle. In the event the litter is in the roadway and presents a hazard, the Contractor shall immediately notify SPD Communications.

8.12.5 Illegally Dumped Waste: In the event there is illegally dumped waste not contained or securable within the vehicle, the Contractor shall immediately notify SPD Communications. If the Contractor is able to tow the vehicle without prior removal of the waste, the Contractor shall do so. Otherwise SPD Communications shall cancel the request for impoundment.

8.12.6 Hazardous Materials or Waste: If the vehicle appears to contain hazardous materials or waste, the Contractor shall immediately notify SPD Communications, provide a description of materials or waste, and shall not tow the vehicle. SPD shall cancel the request for impoundment.

8.13 Towing and Storage: The Contractor shall tow an impounded vehicle from the location of the impoundment to its primary lot, and store the vehicle at the primary lot except when:

8.13.1 SPD directs the Contractor to tow the vehicle to a City facility,

8.13.2 SPD directs the Contractor to tow the vehicle with an Evidentiary Hold to its secondary lot,

8.13.3 SPD notifies the Contractor of a Special Event, and at least 24 hours prior to the event the Contractor notifies SPD Records that the Contractor may tow vehicles to its secondary lot,

8.13.4 The parking infraction indicates the vehicle was impounded on a 91N, the Contractor may tow the vehicle directly to its secondary lot, or

8.13.5 The vehicle has been inspected by a law enforcement officer and certified as a "junk vehicle," and no registered or legal owner information has been determined by the Washington State Department of Licensing.

8.14 Notice of Impoundment to City: Within one hour after the arrival of a vehicle to the Contractor's lot, the Contractor shall notify SPD Records of the impoundment by providing the information listed in Exhibit 4.

8.15 Owner Registration Information: Within twelve hours after the Contractor notifies SPD of the impoundment, SPD Records will transmit owner registration information to the Contractor.

8.16 Notice of Impoundment to Registered Owner: The Contractor shall notify the registered owner in the manner prescribed by RCW 46.55.110 as amended. In addition such notification shall:

8.16.1 State that the registered owner will be held liable for accrued impoundment and storage fees, and costs related to the disposal of hazardous materials and waste unless determined otherwise at a hearing;

8.16.2 Provide information regarding his or her right to a hearing.

8.16.3 State that the impounded vehicle may be sold to recover any amounts due the Contractor and that collection activity including, but not limited to, liens or referral to a collection agency may be exercised to recover the accrued fees.

8.17 Procedures For Vehicles Impounded for Driving While License Suspended (DWLS):

8.17.1 Contractor Shall Hold Vehicle: In the event the vehicle report indicates that the vehicle is impounded for DWLS, the Contractor shall hold and not release the vehicle until otherwise ordered by SPD.

8.17.2 Hold Status: Within 48 hours after the time of impoundment, SPD Records will notify the Contractor whether the DWLS Hold:

1) is lifted and the vehicle is eligible for release, or

2) is assigned a DWLS Hold period for 30, 60, or 90 days.

8.17.3 Release of Vehicle: The Contractor shall make an impounded vehicle with a DWLS Hold available for release to a Claimant only when ordered by SPD. Notwithstanding SPD's assigned DWLS Hold period or the provisions of RCW 46.55.120, the Contractor shall release an impounded vehicle with a DWLS Hold to a Claimant only when it has received a SPD order for release and on or after the specific time and date indicated on the order. The SPD order shall also state "Owner Pay," "City Pay/Time Payment," or "City Pay."

8.17.4 Availability for Auction:

8.17.4.1 In the event the Claimant pays the Contractor a 50% deposit of the estimated Impound Fee, Storage Fee, Additional Service Fees, and City Administrative Fee within 120 hours of the time of impoundment, the Contractor shall hold the vehicle until it receives a SPD order to release the vehicle. The vehicle shall be available for release to Claimant or for auction after the Contractor receives the SPD order.

8.17.4.2 In the event the Claimant does not pay the Contractor a 50% deposit of the estimated Impound Fee, Storage Fee, Additional Service Fees, and City Administrative Fee within 120 hours of the time of impoundment, the Contractor may prepare the vehicle for auction.

8.17.4.3 In the event the Claimant does not pay the Contractor a 50% deposit of the estimated Impound Fee, Storage Fee, Additional Service Fees, and City Administrative Fee within 120 hours of the time of impoundment and SPD notifies the Contractor of a court order to remove the vehicle from auction, the Contractor shall hold the vehicle until it receives a SPD order to release the vehicle. The vehicle shall be available for release to Claimant or for auction after the Contractor receives the SPD order.

8.17.5 Reporting to SPD Records:

8.17.5.1 Deposit by Claimant. Within 24 hours from the time of receiving a deposit from a Claimant, the Contractor shall notify SPD Records with the following information:

a) The license number of the vehicle, and the State, Province, or Country of registration if other than Washington State;

b) The vehicle identification number or hull identification number;

c) The Contractor's Call Number;

d) The City's impound number;

e) The incident number;

f) The make and model of the vehicle; and

g) The amount of the deposit.

8.17.5.2 Vehicles Prepared for Auction. Once a week and at least five calendar days prior to auction, the Contractor shall provide SPD Records with a list of vehicles with DWLS Holds that the Contractor is preparing for auction. The Contractor shall provide the following information:

a) The license number of the vehicle, and the State, Province, or Country of registration if other than Washington State;

b) The vehicle identification number or hull identification number;

c) The Contractor's Call Number;

d) The City's impound number;

e) The incident number;

f) The make and model of the vehicle;

g) The amount of the deposit, if any; and

h) The date, time and location of auction.

8.17.5.3 Within two calendar days of receiving the list, SPD Records will notify the Contractor:

a) that the auction of a vehicle is approved, or

b) that the vehicle should be pulled off the auction list, the hold should

continue, and the reasons therefor.

8.18 Procedures For Evidence Holds:

8.18.1 Contractor Shall Hold Vehicle: In the event the Vehicle Report states the vehicle is impounded for Evidence Hold, the Contractor shall hold and not release the vehicle until otherwise ordered by SPD.

8.18.2 Release of Vehicle: The Contractor shall make an impounded vehicle with an Evidence Hold available for release to a Claimant only when ordered by SPD. The SPD order shall also state "Owner Pay," or "City Pay." In the event of a "City Pay," the Claimant will be responsible for payment of any storage fees incurred after 48 hours following the time the Contractor receives the SPD order.

8.18.3 Reporting to SPD Records: Once a week, the Contractor shall provide the SPD Records a list of vehicles stored by the Contractor with Evidence Holds. The Contractor shall provide the following information:

a) The license number of the vehicle, and the State, Province, or Country of

registration if other than Washington State;

b) The vehicle identification number or hull identification number;

c) The Contractor's Call Number;

d) The City's impound number;

e) The incident number;

f) The make and model of the vehicle; and

g) The date and time of impoundment.

8.19 Moving Vehicles And Secondary Tows:

8.19.1 Moving a Vehicle to Contractor's Secondary Lot:

8.19.1.1 Vehicle without a Hold(s). Except for a vehicle with an Evidence or DWLS Hold(s), the Contractor, at its own expense, may move an impounded vehicle to its secondary lot when the vehicle has been stored at the Contractor's primary lot for at least 24 hours.

8.19.1.2 Vehicle with a DWLS Hold. If a DWLS Hold is placed on the impounded vehicle, the Contractor at its own expense may move the vehicle to its secondary lot after receiving notice from SPD assigning a minimum hold period, or after the vehicle has been stored at the Contractor's primary lot for at least 48 hours, whichever occurs first.

8.19.2 Moving a Vehicle from Contractor's Secondary Lot to Primary Lot: Except for a vehicle with an Evidence Hold(s), the Contractor at its own expense may move an impounded vehicle from the Contractor's secondary lot to its primary lot at any time.

8.19.3 Secondary Tow Directed by SPD:

8.19.3.1 Upon direction by SPD and at SPD's expense, the Contractor shall tow an impounded vehicle:

a) From the Contractor's lot to a City facility;

b) From one City facility to another City facility; or

c) From the Contractor's primary lot to its secondary lot.

8.19.3.2 Upon direction by SPD and at the expense of the party as ordered by Court Order or SPD notice, the Contractor shall tow an impounded vehicle from a City facility to the Contractor's primary lot.

8.19.4 Notice to City of Moving a Vehicle or Secondary Tow: Within one hour of completion of moving a vehicle or of a secondary tow, the Contractor shall notify SPD records by providing the following information:

a) The name or initials of the Contractor's driver who towed the vehicle;

b) The serial number(s) of the SPD Officer(s) who requested the secondary tow, if applicable;

c) The license number of the vehicle, and the State, Province, or Country of registration if other than Washington State;

d) The vehicle identification number or hull identification number;

e) The Contractor's Call Number;

f) The City's impound number;

g) The location of the lot to which the impounded vehicle was towed;

h) The date and time when the Contractor's tow truck arrived at the storage location with the impounded vehicle in tow; and

i) Whether a DWLS and/or Evidence Hold(s) has been placed on the vehicle.

8.20 Release Procedures:

8.20.1 Vehicles with DWLS Holds or Evidence Hold(s): SPD may place a DWLS Hold and/or one or more Evidence Holds on an impounded vehicle. Vehicles ordered held by SPD shall be available for release only after the Contractor receives from SPD Records a notice to remove the Hold for each Hold and only on or after the latest time and date indicated on any of the notices. Each notice to remove the Hold shall indicate that the Claimant pays, the City pays, or the City pays pursuant to a time payment agreement with the Claimant.

8.20.2 Disposition of Vehicle by Court Order: In the event the Contractor receives an order from a court of competent jurisdiction for disposition of the impounded vehicle, the Contractor shall follow the instructions of the Court order.

8.20.3 Release: Within 30 minutes of a Claimant seeking redemption of an impounded vehicle, the Contractor shall release and deliver possession of the vehicle to Claimant when:

8.20.3.1 There are no Holds on the vehicle;

8.20.3.2 The requirements of RCW 46.55.120 are satisfied;

8.20.3.3 The Contractor has notified the Claimant of his or her right to a hearing, or after the Claimant has had such hearing;

8.20.3.4 The Claimant possesses and presents a valid Driver's License issued by the State of Washington or other governmental unit authorized to issue such a license, presents a validly licensed driver to drive the vehicle, or arranges to have the vehicle otherwise removed; and

8.20.4 The Contractor receives payment by:

8.20.4.1 The Claimant tendering full payment to the Contractor of all fees;

8.20.4.2 The Claimant tendering payment to the Contractor of fee as ordered by a court of competent jurisdiction or the City's Administrative Hearing Officer, and the balance of the fees are ordered to be paid by the City; or

8.20.4.3 Full Payment is ordered to be the City's responsibility by order of a court of competent jurisdiction, or by notice of the Director, or by notice of SPD for which the Contractor shall invoice the City pursuant to Section X of this Agreement, provided the Claimant pays any storage charges exceeding those indicated as payable by the City by the order or notice.

8.20.5 Method of Payment: The Claimant may pay and the Contractor shall accept all methods of payment as allowed by and pursuant to RCW 46.55.120.

8.20.6 Special Notification of Redemption: If so requested by SPD, the Contractor shall immediately notify SPD of the date and time of redemption of any specific vehicle.

8.21 Abandoned Vehicles:

8.21.1 Abandoned Vehicle Report to Department of Licensing: The Contractor shall send an Abandoned Vehicle Report to the Washington State Department of Licensing, with a copy to SPD Records, for any vehicle that remains in the Contractor's possession longer than 120 consecutive hours. Such report shall contain such information and be forwarded to the Department of Licensing in the manner provided in RCW 46.55.100 (2), including but not limited to items of personal property registered or titled with the Department of Licensing. If not previously provided to the Contractor, the Department of Licensing will provide the Contractor with owner information within 72 hours of receiving the Abandoned Vehicle Report. In the event the abandoned vehicle is sold at public auction, the Contractor shall send another Abandoned Vehicle Report to the Department of Licensing, with a copy to SPD Records, within 14 days of sale of the abandoned vehicle in the manner prescribed by RCW 46.55.100 (4).

8.21.2 Procedure for Sale and Notice of Sale: Any impounded vehicle not redeemed within 15 days of mailing of the notice required by Section 8.16 of this Agreement, shall be deemed abandoned and available for public auction. The abandoned vehicle may be sold at public auction by the Contractor only by following the procedures for sale, which includes a notice publication in a newspaper of general circulation in the county in which the vehicle is located not less than 3 days and no more than 10 days before the date of the auction, and meeting the owner notification requirements pursuant to RCW Ch. 46.55, as hereinafter amended, WAC Ch. 308.61, as hereinafter amended, and SMC 11.30.200, as hereinafter amended.

8.21.3 A Contractor shall not charge any person who redeems a vehicle for any costs incurred in preparing the vehicle for public auction.

8.21.4 Contents of Vehicles That Are Not Redeemed: All personal belongings, with the exception of those items of personal property that are registered or titled with the Department of Licensing, not claimed prior to public auction of the vehicle shall be disposed of pursuant to RCW 46.55.090 (4) and RCW Chapters 63.32 and 63.40. Personal belongings includes, but are not limited to:

a) Property (other than cash) having an apparent value exceeding $25.00;

b) Cash (in any amount);

c) Wallets or purses;

d) Bank or checkbook;

e) Bank or credit card;

f) Any jewelry item;

g) Any official identification card, operator's license or passport;

h) Any firearm or any other type of weapon;

i) Any contraband and/or controlled substances;

j) Stocks, bonds, money orders bank certificates, travelers' checks, postage stamps, food stamps, etc.; and

k. Any other items of obvious or apparent value.

8.21.5 The following personal belongings will not be accepted by SPD:

a) Tire chains;

b) Spare tire/wheels;

c) Used auto parts and/or accessories;

d) Seat covers;

e) Fuel containers;

f) Jacks, lug wrenches;

g) Radios, stereos and other items attached to the vehicle by bolts, screws, or some other manner which incorporates them to the vehicle shall remain with the vehicle;

h) Refuse;

i) Trash;

j) Garbage;

k) Open alcohol containers;

l) Soiled or mildewed clothing, shoes, blankets, tarps, etc., having no actual value; and

m) Miscellaneous unofficial papers and other items having no actual value.

8.21.6 Disposal of Dangerous Wastes or Materials: In the event an abandoned vehicle is not salable because it contains dangerous wastes or materials, the Contractor may remove such wastes and materials, and coordinate with the City's Contract Administrator for their disposal either a) by the Contractor disposing the Dangerous Wastes or Materials at a solid waste facility pursuant to procedures established by the City, or b) by the City or its agent disposing the Wastes or Materials. The Contractor shall pay for the costs of disposing Dangerous Wastes or Materials, and shall invoice the registered owner for such costs. If, after six months of invoicing the registered owner, the Contractor is unable to recover the costs from the registered owner, then the City shall reimburse the Contractor for the disposal.

8.21.7 Notice of Parking Infraction: In addition to the notice requirements of Section 25.2 and if applicable, the Contractor shall enclose with this notice of custody and sale, a notice of infraction entitled "Littering-Abandoned Vehicle" which shall be in the form prescribed by the Department of Licensing and pursuant to RCW 46.63.030 (4). Such notice of infraction together with the notice of custody and sale as required by RCW 46.55.110(3) shall be sent by certified mail to the last known address of the last registered owner of record pursuant to RCW 46.55.105(2).

8.22 Notices and Forms for Hearings:

8.22.1 Signs: The City shall prepare, print, and deliver to the Contractor one or more signs notifying persons whose vehicles have been impounded pursuant to this Agreement of their general rights under SMC Ch. 11.30, and shall designate a conspicuous place for the posting of such sign in each office of the Contractor where impounded vehicles may be redeemed. The Contractor shall post such sign in each designated place and shall maintain it in such a manner as to ensure that it is at all times legible and clearly and completely visible to any person who comes to the Contractor's office to redeem an impounded vehicle.

8.22.2 Written Notification of Right to Hearing: The Contractor shall provide each Claimant with written notification of his or her right to a hearing in accordance with RCW 46.55.120 and SMC 11.30.120. The City shall prepare and print the notification forms and supply such forms to the Contractor. Such notification shall accompany the notice to the registered owner as provided in Section 15 of this Agreement. The Contractor may also provide the notification to the Claimant with a hearing request form, redemption receipt, or other form, or it may be accomplished by a separate form.

8.22.3 Request for Hearing Forms: The City shall prepare and print Request for Hearing Forms and supply such forms to the Contractor. The Contractor shall maintain sufficient numbers of forms to ensure that all Claimants will be provided with the appropriate forms. The Contractor may obtain additional forms from the City's Contract Administrator.

8.22.4 Accessibility of Forms: The Request for Hearing forms shall, at all times, be kept fully visible, accessible, and within easy reach of any person redeeming a vehicle at any Contractor location where vehicle releases are conducted.

8.22.5 Who May Sign: Only the registered owner, a person who has purchased the vehicle from the registered owner and produces satisfactory proof of ownership, or a person authorized by the owner may sign a "Request for Hearing Form."

8.22.6 Completion of Form: The Contractor shall review the form and ensure that all of the blank spaces in the Request for Hearing Form are fully and legibly completed, that the person requesting a hearing has signed the form, and that each copy of the form has been completed.

8.22.7 Delivery to City: Not less than once each day, except Saturdays, Sundays, and City holidays, the Contractor shall transmit to the appropriate City agency all white original copies of completed hearing forms that have not been previously transmitted to such agency.

8.22.8 Retention of Copy of Hearing Request Forms: The hearing request forms and other records required by this Agreement shall be maintained by the Contractor in an orderly manner as may be specified by the Director to assure easy access and reference to the records.

8.22.9 Individual Notification: The Contractor shall not hold a properly claimed vehicle as security for payment of impoundment or storage fees unless the person claiming the vehicle has been individually informed of his/her right to a hearing to contest the impoundment.

8.22.10 Change in Procedures: The City, from time to time, may change the procedures for informing persons of impounded vehicle redemption rights. The City will advise the Contractor in writing of any such changes and the Contractor shall inform each claimant of any impounded vehicle in the custody of the Contractor of such person's redemption rights.

8.23 Complaints: The Contractor shall promptly and courteously respond to all complaints by the public and shall not unreasonably or arbitrarily delay or refuse to pay any claim resulting from its act or omission in impounding a vehicle pursuant to this Agreement. This duty shall include the furnishing of the name and telephone number of the Contractor's insurance company and claims agent, if requested by a complainant.

8.24 Communications with City: The Contractor shall communicate with SPD in performing impoundment services on a day-to-day basis as described in this Agreement. Additionally, the Contractor will communicate with the City's Contract Administrator on an as-needed basis for submittal of claims for payment and of administrative fees, auditing Contractor lots, inspecting lots, and resolving operational concerns. The City's Contract Administrator may schedule periodic meetings with the Contractor.

8.25 Records: The Contractor shall prepare and maintain records and transmit those records to SPD or DEA upon request.

8.25.1 Reports: The Contractor shall maintain a database, and generate reports as specified by the City including the following:

8.25.2 A Dispatch Log of each vehicle impoundment, whether the vehicle was towed to the Contractor's lot or not, that indicates:

a) the time of receiving the SPD request for impoundment,

b) the location of the impoundment,

c) the time the tow truck was dispatched,

d) the time the tow truck arrived at the location of the impoundment.

8.25.3 A Master Log, as provided by RCW 46.55.010 or, an Impoundment Log or report generating capability that lists in chronological order, according to the time of dispatch for impoundment, the following:

a) Time of dispatch;

b) The impound number selected by the Contractor in order of receipt of requests for impounds from a sequence of impound numbers supplied by the City;

c) A description of the vehicle, including the year, manufacturer, type (for example, "2dr," "4dr," "wagon," "bus," or "van"), color or color combination (for example "white/blue"), and damage (if any) to the vehicle at the time of impoundment;

d) The license number of the vehicle, and the State, Province, or Country of registration if other than Washington State;

e) The vehicle identification number;

f) The location from which the vehicle was impounded;

g) The reason for impounding the vehicle, or the appropriate Seattle Traffic Code Section;

h) A statement indicating whether or not the vehicle impoundment resulted in an evidence hold, the date the hold, if any, was released, and whether the hold was released as a "City Pay" or "Owner Pay";

i) The citation number, if any;

j) The incident number, if any;

k) The serial number(s) of the SPD Officer(s) requesting the impound;

l) The Contractor's identification number of the tow truck responding to the request;

m) The name(s) or initial(s) of the driver of the truck and other attendant;

n) The time (and the date, if different from the date the impoundment request was received) when the Contractor's tow truck was dispatched to the location of the vehicle to be impounded;

o) The time when the Contractor's tow truck arrived at the location of the vehicle to be impounded;

p) The method of tow (for example, front-end, rear-end, front dolly and/or rear dolly);

q) The time when the Contractor's tow truck left the location of the impoundment with the impounded vehicle in tow;

r) Extra services performed in impounding the vehicle including, in the case of winching, standby time, or use of a heavy-duty tow truck, the actual number of minutes of such extra service;

s) The time when the Contractor's tow truck arrived at the Contractor's primary lot or such other place as designated by SPD with the impounded vehicle in tow;

t) The lot to which the impounded vehicle was initially taken, if other than the Contractor's primary lot, together with the date and destination of each subsequent transfer of the vehicle while stored by the Contractor (for purposes of this Subsection, lots may be designated by symbols provided the Contractor attaches to the log a legend describing the meaning of each such symbol used);

u) The date and time when the impounded vehicle is released, sold, or otherwise left the Contractor's control and custody;

v) The manner of the vehicle's leaving the Contractor's control and custody, according to the following code;

R = Redeemed by the registered owner or a person authorized by the registered owner

A = Sold at auction

S = Sold other than at auction

O = Other, including stolen and "drive-out"; and

w) The receipt number for the vehicle if no longer in the Contractor's control and custody.

8.26 Receipt: The Contractor shall prepare a receipt using uniform, sequentially numbered forms approved or designated by the City, for every impounded vehicle that leaves the Contractor's custody and control except for those stolen or driven out without being properly redeemed. The receipt shall be prepared at the time the vehicle leaves the Contractor's custody and control and shall state legibly:

a) The date and time of redemption to the Claimant;

b) The name, address, and Washington State (or other State, Province, or Country) Driver's License number of the person to whom it is delivered;

c) The name and address of the employer of such person, and if such person is the agent for the registered owner or purchaser of the vehicle, the name of such registered owner or purchaser;

d) The name and address of the vehicle's registered owner at the time of impound, if known;

e) An itemized statement of the impoundment, storage, and other charges collected by the Contractor;

1) and the word "Paid" if redeemed by payment of the charges or;

2) a complete statement of the source (e.g. "auction") and amount of any moneys or other consideration received for the vehicle and contents, if sold pursuant to Chapter 46.55 RCW, as now or hereafter amended;

f) The signature of the person to whom it is released, acknowledging such release and payment, if any; and

g) The signature of the Contractor's employee making such release and receiving such payment, if any.

The Contractor shall deliver one (1) copy of the receipt to the person to whom the vehicle is redeemed and shall keep one (1) copy, filed serially in the order of the receipt number.

8.27 Major Emergencies and Disasters: The following provision shall be in effect only during major emergencies or disasters when the City has activated its Emergency Operations Center and the Contractor has been given notice by the City that such activation has occurred. The City is committed to preparing thoroughly for any major emergency or disaster situation. As part of its commitment, the City is entering into this Agreement with the Contractor under the following terms and conditions: Contractor shall provide to the City, upon the City's request, such goods and/or services at such time as the City determines. In the event the Contractor is unable to meet the delivery commitment due to circumstances beyond the reasonable control of the Contractor, the Contractor shall make such delivery as soon as practicable. If the Contractor is prevented from making such delivery to the requested location due to circumstances beyond its reasonable control, the Contractor shall immediately assist the City in whatever manner is reasonable to gain access to such goods and/or services. In the event that the Contractor is unable to provide such goods and/or services as requested by the City, the Contractor may offer to the City limited substitutions for its consideration and shall provide such substitutions to the City as required above, provided the Contractor has obtained prior approval from the City for such substitution. The Contractor shall charge the City the price determined in this Agreement for the goods and services provided, and if no price has been determined, it shall charge the City a price that is normally charged for such goods and/or services. In the event that the City's request results in the Contractor incurring unavoidable additional costs and causes the Contractor to increase prices in order to obtain a fair rate of return, the Contractor shall charge the City a price not to exceed the cost/profit formula used for rates included in this Agreement. The Contractor acknowledges that the City is procuring such goods and/or services for the benefit of the public. The Contractor, in support of public good purposes, shall consider the City as a customer of first priority and shall make its best effort to provide to the City the requested goods and/or services in a timely manner. For purposes of this Agreement, a "major emergency" or "disaster" shall include, but is not limited to a storm, high wind, earthquake, flood, hazardous material release, transportation mishap, loss of any utility service, fire, terrorist activity or any combination of the above.

8.28 Tow Contractor Requirements: In addition to the requirements for Registered Tow Truck Operators pursuant to SMC Chapters 6.214 and 11.30, RCW Ch. 46.55, and WAC Chapters 308-61 and 204-91A-130, the Contractor shall meet or exceed the following requirements at all times.

8.28.1 Tows Trucks and Tow Truck Equipment: The Contractor shall have sufficient number and classes of tow truck and tow truck equipment to respond to all requests for impoundment 24 hours per day 365 days per year within the response times set forth in Section 8.6, Performance Standards.

8.28.2 Personnel:

8.28.2.1 Key Person. The Contractor has designated a Key Person who shall have overall responsibility for the services provided by this Agreement, and who shall be the primary contact between the Contractor and the City's Contract Administrator.

8.28.2.2 Drivers. The Contractor shall have sufficient number of drivers to respond to all requests for impoundment 24 hours per day 365 days per year.

8.28.2.3 Dispatch Personnel. The Contractor shall have dispatch personnel available 24 hours per day 365 days per year to:

a) receive SPD requests for vehicle impoundment,

b) dispatch requests for vehicle impoundment,

c) notify SPD Records of impoundment pursuant to Section 8.20.7,

d) provide SPD with immediate impoundment information on an ad hoc basis such as verifying vehicle impoundment, and

e) receive requests and conduct vehicle redemption.

8.28.2.4 Release Facility Personnel. The Contractor shall have Release Facility Personnel available to assist claimants and release vehicles. The personnel shall be available 24 hours per day 365 days per year.

8.28.2.5 Character and Competence of Personnel. The Contractor and the City shall ensure that their respective employees, agents, and subcontractors conduct themselves in a courteous and expeditious manner. The use of abusive, indecent, offensive, coarse, or insulting language, or any form of harassment is prohibited and shall not be tolerated. The Contractor's employees, agents, and subcontractors shall be competent and hold appropriate licenses and endorsements. The City may require the removal of any employee or subcontractor of Contractor, subject to appropriate investigation and determination, for misconduct or incompetent or negligent performance. Such persons shall not be allowed to perform services under this Agreement without the written consent of the City.

8.28.3 Communications System:

8.28.3.1 Police Telephone Line. The Contractor shall provide a compatible ring down circuit as a Police Telephone Line between SPD and the Contractor that enables SPD Communications to establish direct voice communication with the Contractor's dispatch office. For the purpose of this Subsection, "direct" means by lifting a receiver, dialing a single digit number, or pushing a single button.

8.28.3.2 Telephone. The Contractor shall have a published telephone number for receiving calls from the public.

8.28.3.3 Two-Way Radio. The Contractor shall have two-way radio communication equipment and service for communication between the Contractor's dispatch personnel and its tow truck drivers.

8.28.3.4 Facsimile. The Contractor shall have a dedicated telephone number for receiving and transmitting documents by facsimile.

8.28.3.5 Email. The Contractor shall have an email address for receiving and sending information with the City.

8.28.3.6 Data System: The Contractor shall have a data system to produce reports in MS Excel or ASCII format.

8.28.4 Facilities and Storage Lots:

8.28.4.1 Release Facility and Primary Storage Lot. The Contractor shall have a release facility and a primary storage lot for storing impounded vehicle. The Contractor's release facility shall be located at its primary storage lot. The release facility and primary storage lot shall be within the Contracted Zone, in a Zone adjacent to the Contracted Zone, or for Zones 1 and 2 within five miles of the City limits to the north, or for Zones 5 and 6 within five miles of the City limits to the south.

8.28.4.2 Secondary Storage Lot. The Contractor may have a secondary storage lot(s). For Zones 1 and 2, the secondary lot shall be located within the City limits or within five miles of the City limits to the north. For Zones 3 and 4, the secondary lot(s) shall be located within the Seattle City limits. For Zones 5 and 6, the secondary lot(s) shall be located within the City limits or within five miles of the City limits to the south.

8.28.4.3 Minimum Square Footage. The minimum combined primary and secondary storage lot square footage by zone is:

Zone Square Footage

1 18,000 2 14,000 3 35,000 4 22,000 5 23,000 6 13,000

In the event the Contractor has more than one Contracted Zone, the Contractor shall provide the minimum lot square footage equal to the sum of its Contracted Zones.

The Contractor shall provide for enough area to allow reasonable access to any impounded vehicle stored at its primary or secondary lot. Nothing in this Section shall relieve the Contractor from its sole responsibility to ensure that the Contractor has sufficient storage lot capacity to service the Contracted Zones.

8.28.4.4 Physical Conditions and Security. The Contractor's primary and secondary storage lots shall be kept surfaced, graded, drained, lighted, and free of obstacles and hazards such that a Claimant has reasonably safe and convenient access to the vehicle. The Contractor shall provide adequate security at its storage lots. All storage lots must be screened and fenced at all times. When an attendant is not on the premises, storage lot gates must be securely locked. All vehicles shall be secured as required by SMC Ch. 11.30, RCW Ch. 46.55, and WAC Ch. 308-61. The Contractor shall also adhere to the requirements adopted by the Washington State Patrol as set forth in WAC Ch. 204-91A to ensure that a vehicle is adequately protected.

8.28.4.5 Approval Required. The Contractor's release facility and storage lots shall be subject to the initial and continuing approval of the City. At the City's discretion, it may inspect the Contractor's release facility and storage lots at any time.

8.28.5 Other Storage Prohibited. The Contractor shall not store any impounded vehicle on a public street or any public property, or at any place other than at the approved primary or secondary lot.

9. Payments and Invoicing

9.1 Fees Payable by Claimant: Except for fees payable by the City pursuant to Section 10 of this Agreement, the Contractor shall charge the following fees at the rates specified in Exhibit 5. No fee or rate other than the fees and rates specifically provided in this Agreement may be charged. In the event a vehicle is impounded during one contract period and redeemed in a subsequent contract period, the applicable rates shall be the rates in effect at the time SPD authorized the impoundment.

9.2 Impound Fees: Impound fees shall include all services, except additional services, required to place the vehicle in a position to be towed, to tow the vehicle from the location of the impoundment to the storage lot, to unhook the vehicle, and to store the vehicle for the first twelve hours after the Contractor notifies SPD of the vehicle's impoundment. The types of Impound Fees are:

Class A A Class A Impound Fee shall be charged when a Class A or Class D tow truck is used to impound a vehicle weighing 10,000 Gross Vehicle Weight (GVW) or less. A Class A Impound Fee shall be based on a per impound basis.

Class B A Class B Impound Fee shall be charged when a Class B tow truck is used to impound a vehicle weighing over 10,000 Gross Vehicle Weight but less than 17,000 GVW. A Class B Impound Fee shall be based on an hourly rate with a one-hour minimum. The chargeable time period shall start when the tow truck driver commences impoundment services at the location of the impoundment and shall end when the tow truck driver unhooks the vehicle. After the first hour, the rate shall be pro-rated to the nearest one-quarter hour.

Class C A Class C Impound Fee shall be charged when a Class C tow truck is used to impound a vehicle weighting 17,000 GVW or more. A Class C Impound Fee shall be based on an hourly rate with a one-hour minimum. The chargeable time period shall start when the tow truck driver commences impoundment services at the location of the impoundment and shall end when the tow truck driver unhooks the vehicle. After the first hour, the rate shall be pro-rated to the nearest one-quarter hour.

Class E A Class E Fee shall be charged when a Class E flatbed tow truck is used to impound any vehicle where preservation of evidence is of primary importance. A Class E Impound Fee shall be based on an hourly rate with a one-hour minimum. The chargeable time period shall start when the tow truck driver commences impoundment services at the location of the impoundment and shall end when the tow truck driver unhooks the vehicle. After the first hour, the rate shall be prorated to the nearest one-quarter hour.

9.3 Storage Fee: The storage fee shall be charged for each twelve hour increment after the initial twelve hours following the Contractor's notification to SPD Records of the vehicle's impoundment. The Contractor may charge double the Storage Fee otherwise due for an impounded vehicle, or combination of vehicles, to which a single Claimant may be entitled when the vehicle or combination thereof is more than 20 feet in length.

9.4 Additional Service Fees: The following fees for additional services may be charged when towing without such additional services would be impossible or would be hazardous to persons or property:

9.4.1 Dolly Fee. The Dolly Fee shall be based on a per impound basis. The Dolly Fee may be charged when a dolly is used for towing an impounded vehicle that cannot safely be towed on its own wheels, or that cannot otherwise be towed without damage, but not when a dolly is used as a substitute for entering a locked vehicle except when entry without damage is impossible, or as a substitute for disengaging locked steering mechanisms.

9.4.2 Winch Fee. A Winch Fee shall be based on an hourly rate with a one-half hour minimum, and shall apply from the time the winch is attached to the vehicle to the time the winch is detached from the vehicle. After the first one half-hour, the rate shall be pro-rated to the nearest one-quarter hour. The Winch Fee may be charged when a winch is used to recover a disabled or overturned vehicle, or vehicle that must be extricated from another vehicle, object, water, ditch, hill, or embankment.

9.4.3 Extra Driver Fee. An Extra Driver Fee shall be equal to one half of the Class A Impound Fee, regardless of the class of equipment used for the impoundment. The Extra Driver Fee may be charged when a second driver is necessary to safely impound a vehicle.

9.4.4 Extra Tow Truck Fee. An Extra Tow Truck Fee shall be equal to 1.75 times the applicable Impound Fee, and may be charged when a second tow truck and driver is necessary to safely impound a vehicle.

9.4.5 Mileage Fee. A Mileage Fee shall be based on a per mile basis and shall apply to miles traveled to and from the City limits and the impound site when at the direction of SPD, the Contractor impounds a vehicle outside the City limits.

9.5 Hook and Release Fee: A Hook and Release Fee shall be fifty percent of the applicable Impound Fee and fifty percent of fees for additional services performed.

9.6 City Administrative Fee: In accordance with SMC 11.30.290 and Seattle Rule 11-30-1, the Contractor shall collect a City Administrative Fee from the Claimant for each vehicle redeemed. When the Contractor "hooks and releases" only, the City Administrative Fee shall not apply. The Contractor shall remit the fee pursuant to Section 11.1 of this Agreement. A copy of Seattle Rule 11-30-1 entitled "Impound Contract Administrative Fees" is attached as Exhibit 7.

10. Fees Payable By the City: Except for fees payable by the Claimant pursuant to Section 9 of this Agreement, the Contractor shall charge the following fees at the rates specified in Exhibit 6. No fee or rate other than the fees and rates specifically provided in this Agreement may be charged. In the event a vehicle is impounded during one contract period and redeemed in a subsequent contract period, the applicable rates shall be the rates in effect at the time SPD authorized the impoundment.

10.1 City Pay/Time Payment Agreement: The City shall pay the Contractor fees at the rates established in Exhibit 5 for impoundment, storage, and additional services when the Contractor receives an order from a court of competent jurisdiction clearly marked "City Pay/Time Payment Agreement." The Contractor shall charge, and the City will pay, the City Administrative Fee.

10.2 City Pay: The City shall pay the Contractor fees at the rates set forth in Exhibit 6 under the following circumstances. Under these circumstances, the Contractor shall not charge, and the City will not pay, the City Administrative Fee.

10.2.1 Contractor Standby Fee. A Contractor Standby Fee shall be based on an hourly rate starting after the first 30 minutes of the Contractor's arrival at the location of the impoundment and when SPD directs the Contractor to wait or standby prior to operating the tow equipment or performing the impound service. The Contractor Standby Fee shall be charged to the City for time spent waiting in excess of 30 minutes, and shall be charged in ten minute increments with a ten minute minimum. In no case will the City pay the Contractor for the first 30 minutes after the Contractor arrives at the location of the impoundment.

10.2.2 SPD directs the Contractor to tow the vehicle from the location of the impoundment to the Contractor's lot and then from the Contractor's lot to a City facility. The City will pay the fees for the impoundment and additional services associated with the tow from the impound site to the Contractor's lot, for the storage for the time the vehicle is stored at the Contractor's lot, and for the tow and additional services associated with the tow from the Contractor's lot to the City facility.

10.2.3 SPD directs the Contractor to tow the vehicle from the location of the impoundment to a City facility. The City will pay the fees for the impoundment and additional services associated with the tow from the location of the impoundment to the City facility.

10.2.4 SPD directs the Contractor to tow the vehicle from one City facility to another City facility. The City will pay for the towing and additional services associated with the tow between City facilities.

10.2.5 SPD directs the Contractor to tow the vehicle from the Contractor's primary lot to its secondary lot. The City will pay for the towing and additional services associated with the tow between lots.

10.2.6 SPD directs the Contractor to tow the vehicle from a City facility or the Contractor's secondary lot to the Contractor's Primary Lot and payment is ordered to be the City's responsibility by order of a court of competent jurisdiction, by the Director, or by SPD. The City will pay for the towing and additional services associated with the tow and storage, if applicable.

10.2.7 Payment is ordered to be the City's responsibility by order of a court of competent jurisdiction, by the Director, or by SPD.

10.2.8 SPD directs the vehicle to be moved or impounded pursuant to Section 8.11, "Towing under Special Conditions."

10.3 Contractor Claims for City Payment:

10.3.1 Claims Pursuant to Section 10.1 and Subsections 10.2.1 through 10.2.7. On or before the tenth day of each month, the Contractor shall deliver to the City's Contract Administrator a claim for payment for services incurred by the City during the immediately preceding month. Such claim shall:

10.3.1.1 Include a hardcopy spreadsheet of Monthly Towing Statistics with the information and in the format required by the City.

10.3.1.2 Be on forms provided by the City and shall be sworn to under penalty of perjury by the Contractor or an individual authorized by the Contractor to sign the claims. The Contractor shall itemize the claim by Zone, and by Section 10.1 and Subsections 10.2.1 through 10.2.7 above, and attach an individual invoice for each impounded vehicle. Each invoice shall be accompanied by a copy of documents applicable to the vehicle and necessary to substantiate the Contractor's claim including:

a) the SPD Parking Infraction and/or Vehicle Report;

b) the SPD Vehicle Transfer/Hold release form;

c) the Seattle Municipal Court Vehicle Impoundment Hearing Request form; and

d) the order by a court of competent jurisdiction, by the Director, or by SPD.

10.3.2 Claims Pursuant to Subsection 10.2.8. On or before the tenth day of the month following a "Tow under Special Conditions," the Contractor shall deliver to the City Contract Administrator a claim for payment for the services. The claim shall reference the date, time and location of the move or impoundment, the name of the person, agency or utility involved, its invoicing address, and name of the its representative. The City's Contract Administrator shall forward the claim to the appropriate person, agency, or utility for payment.

10.3.3 Time for Payment. Within thirty (30) days after the City receives a correct and complete claim for payment including all required submittals from the Contractor, the City shall pay the Contractor by City warrant.

11. Contractor Payments to the City:

11.1 Administrative Fees: On or before the tenth day of each month, the Contractor shall remit to the City's Contract Administrator the City Administrative Fees collected by the Contractor for all vehicles redeemed during the preceding month. The Contractor shall itemize the fees on such forms as provided by DEA and remit the fees in the manner prescribed by the Director. The City shall assess interest in the amount of ten percent (10%) per annum of the administrative fees due when the Contractor does not report and remit the administrative fees within sixty (60) days of the end of the month for which the fees were collected.

11.2 Liquidated Damages: The City shall invoice the Contractor for any liquidated damages assessed by the City. The Contractor shall pay the liquidated damages within 30 days of receipt of invoice.

12. Liquidated Damages:

12.1 Liquidated Damages: This Agreement provides for the payment by the parties of liquidated damages in certain circumstances of nonperformance, breach and default. Each party agrees that the damaged party's actual damages in each such circumstance would be difficult or impossible to ascertain, and that the liquidated damages provided for herein with respect to each such circumstance are intended to place the damaged party in the same economic position as it would have been in had the circumstance not occurred. Nothing in this Section shall be construed to limit any remedies, including termination, provided for herein with respect to any nonperformance, breach or default by the Contractor.

12.1.1 Liquidated Damages for Not Answering Telephone. For any call from SPD Communications to the Contractor for which the Contractor fails to answer telephone within eight rings or with direct voice communication, the Contractor shall be assessed liquidated damages of Two Hundred Forty dollars ($240.00) per incident.

12.1.2 Liquidated Damages for Failing to Respond. In the event the Contractor refuses, declines, fails or is otherwise unable to respond, the Contractor shall be assessed liquidated damages of Two Hundred Forty dollars ($240.00) per incident.

12.1.3 Liquidated Damages for Exceeding Response Standard with Officer Standing By or in DTCZ: For any response that exceeds 31 minutes, or 61 minutes when a Class C or Class E tow truck is requested, the Contractor shall be assessed liquidated damages at a rate of Twenty dollars ($20.00) per five minutes for each five minute increment to a maximum of Two Hundred Forty dollars ($240.00).

12.1.4 Liquidated Damages for Being Late for Scheduled Appointment. For any response that exceeds 16 minutes, the Contractor shall be assessed liquidated damages at a rate of Twenty dollars ($20.00) per five minutes for each five minute increment to a maximum of Tow Hundred Forty dollars ($240.00).

12.1.5 Liquidated Damages for Exceeding Response Standard for Requests with 91N Parking Infractions: For any response that exceeds 25 hours, the Contractor shall be assessed liquidated damages at a rate of twenty dollars ($20.00) per hour for each hour to a maximum of two hundred forty dollars ($240.00).

12.2 Notice of Failure to Meet Performance Standard and Assessment of Liquidated Damages: Within fifteen calendar days of the Contractor failure to meet a standard, the City's Contract Administrator shall notify the Contractor in writing of the failure and assessment of liquidated damages. Such notification shall include:

12.2.1 the standard not met;

12.2.2 the date and time the standard was not met;

12.2.3 the officer(s) involved;

12.2.4 a description of the circumstances; and

12.2.5 an invoice stating the amount of the liquidated damages assessed.

12.3 Appeal of Notice of Failure to Meet Performance Standard: The Contractor may appeal a notice for failure to meet a performance standard and/or the assessment of liquidated damages to the Director. All such appeals shall be in writing, contain a complete statement of the grounds for the appeal, and be received by the Director within ten calendar days of the Contractor's receipt of the notice of failure. The Director shall examine each appeal and determine whether there were acceptable extenuating circumstances that caused or significantly contributed to the performance failure. If the Director determines the circumstances warrant, the Director shall grant an exception from the performance standard and/or liquidated damages. The ruling of the Director shall be final. The Contractor shall take all steps necessary to eliminate causes of poor performance and upon request shall provide the City with a summary of such corrective actions.

12.4 Liquidated Damages Waived for Start-Up Period: The City shall waive assessment of liquidated damages for the first three months of the term of the Agreement.

13. Non-Discrimination and Equal Employment Opportunity: During the performance of this Agreement, the Contractor agrees as follows:

13.1 The Contractor will not discriminate against any employee or applicant for employment because of race, religion, creed, age, color, sex, marital status, sexual orientation, gender identity, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their creed, religion, race, age, color, sex, national origin, marital status, political ideology, ancestry, sexual orientation, gender identity or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising, layoff or termination rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

13.2 The Contractor will, prior to commencement and during the term of this Agreement, furnish to the Director upon his/her request and on such form as may be provided by the Director therefor, a report of the affirmative action taken by the Contractor in implementing the terms of these provisions, and will permit access to his/her records of employment, employment advertisements, application forms, other pertinent data and records requested by the Director for the purposes of investigation to determine compliance with this provision.

13.3 If upon investigation the Director finds probable cause to believe that the Contractor has failed to comply with any of the terms of these provisions, the Contractor and the contracting authority shall be so notified in writing. The contracting authority shall give the Contractor an opportunity to be heard, after ten (10) days' notice. If the contracting authority concurs in the findings of the Director, it may suspend the Agreement and/or withhold any funds due or to become due to the Contractor, pending compliance by the Contractor with the terms of these provisions.

13.4 Failure to comply with any of the terms of these provisions shall be a material breach of this Agreement.

13.5 The foregoing provisions will be inserted in all subcontracts for work covered by this Agreement.

14. Non-Discrimination in Contracting:

14.1 City utilization requirements for Women and Minority Business Enterprises ("WMBEs") shall not apply to this Agreement. No minimum level of WMBE subcontractor participation shall be required as a condition of receiving award of the Agreement and no preference will be given to a bidder for its WMBE utilization or WMBE status. Any affirmative action requirements set forth in any federal regulations or statutes included or referenced in the ITB will continue to apply.

14.2 The City encourages the Contractor to employ a workforce reflective of the region's diversity.

14.3 Discrimination: The Contractor shall not create barriers to open and fair opportunities for WMBEs to participate in all City contracts and to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Contractor shall not discriminate on the basis of race, color, creed, religion, sex, age, nationality, marital status, sexual orientation or the presence of any mental or physical disability in an otherwise qualified disabled person.

14.4 Record-Keeping: The Contractor shall maintain, for at least 12 months after expiration or earlier termination of the term of this Agreement, relevant records and information necessary to document the Contractor's utilization of WMBEs and other businesses as subcontractors and suppliers in this Agreement and in its overall public and private business activities. The Contractor shall also maintain all written quotes, bids, estimates, or proposals submitted to the Contractor by all businesses seeking to participate as subcontractors or suppliers in the Agreement. The City shall have the right to inspect and copy such records. If this Agreement involves federal funds, the Contractor shall comply with all recordkeeping requirements set forth in every applicable federal rule, regulation and statute referenced in the Agreement.

14.5 Affirmative Efforts to Utilize WMBEs: The City encourages the utilization of Minority Business Enterprises and Women Business Enterprises in all City contracts. The City encourages the following practices to open competitive opportunities for WMBEs:

* Placing all qualified WMBEs attempting to do business in The City of Seattle on solicitation lists, and providing written notice of subcontracting opportunities to WMBEs capable of performing the work, including without limitation all businesses on any list provided by the City, in sufficient time to allow such businesses to respond to the written solicitations.

* Breaking down total requirements into smaller tasks or quantities, where economically feasible, in order to permit maximum participation by small businesses including WMBEs.

* Establishing delivery schedules, where the requirements of the Agreement permit, that encourages participation by WMBEs.

* Providing WMBEs that express interest with adequate and timely information about plans, specifications, and requirements of the Agreement.

* Utilizing the services of available minority community organizations, minority Contractor groups, local minority assistance offices, the City of Seattle, and other organizations that provide assistance in the recruitment and placement of WMBEs.

14.6 Sanctions for Violation: Any violation of the mandatory requirements of this WMBE Utilization provision shall be a material breach of the Agreement for which the Contractor may be subject to damages and sanctions provided for by the Agreement and by applicable law.

15. Publicity: The Contractor shall not advertise or publish the fact that the City has contracted with the Contractor without the City's prior written approval.

16. Gratuities: The Contractor shall not directly or indirectly give, pay, deliver, or perform, or agree to arrange to give, pay, deliver or perform, any gratuity, gift, bonus, donation, or discount of any kind, in the form of goods, services, or any other thing of value for any purpose, at any time, to any person employed by The City of Seattle that is intended, or that reasonably may be seen to be intended, to benefit the Contractor by way of award, administration, or in any other way that may be associated with this Agreement. Any violation of this provision may result in termination of this Agreement. Nothing in this Agreement prohibits donations to campaigns for election to City office, so long as the donation is disclosed as required by the election campaign disclosure laws of the City and of the State.

17. Proprietary and Confidential Information: The Contractor acknowledges that the City is required by law to make its records available for public inspection, with certain exceptions (see RCW Chapter 42.17). The Contractor, by submission of materials marked proprietary and confidential, acknowledges and agrees that the City will have no obligation or any liability to the Contractor in the event that the City must disclose these materials.

18. Indemnification: The Contractor shall fully indemnify and hold the City free and harmless from all liabilities, risks, costs (including attorneys' fees), claims, actions, suits, demands, losses, expenses, injuries or damages of any kind whatsoever, tangible or intangible, including any consequential damages that may accrue or be suffered by any person, including the Contractor, its subcontractors, officers, employees, agents, invitees, and assigns, arising directly or indirectly out of, or in connection with any act or omission by the Contractor, or any of its subcontractors, or any of the officers, employees or agents of any of the same including but not limited to claims for labor or material in connection with any activity performed after the commencement of this Agreement, or in behalf of the Contractor or any third party. In the event of any suit or action against the City, the Contractor, upon notice of the commencement thereof, shall appear and defend the same at its sole cost and expense, provided that in the event the City Attorney determines that one or more principles of governmental or public law are involved in such action, the City retains the right to participate directly in such action. In the event judgment is rendered against the City or the Contractor jointly, the Contractor shall cause same to be satisfied within ninety (90) days after the final determination thereof. The liability in this section shall not be diminished by the fact that any such debt, injury, damage, loss, cost or expense may have been contributed to or may be alleged to have been contributed to in part by the negligence of the City or any of its employees or agents. The indemnification provided for in this section shall survive any termination or expiration of this Agreement. If any action is brought against the City by any employee of Contractor, the indemnification obligation of Contractor set forth in this section shall not be limited by a limit on the amount or type of damages, compensation or benefits payable by or for Contractor under RCW Title 51, the Industrial Insurance Act, or any other employee benefit act. In addition, solely for the purpose of giving full effect to the indemnities contained herein and not for the benefit of Contractor's employees or any third parties, Contractor waives its immunity under RCW Title 51. Contractor acknowledges that the foregoing waiver was mutually agreed.

19. Insurance: During the term of this Agreement, Contractor shall maintain on file with, and have approved by the City's Risk Management Division, evidence of insurance satisfying the following requirements:

19.1 Minimum Coverages and Limits, and Limits of Liability:

19.1.1 Garage Liability insurance or other equivalent coverages for the Contractor's scope of work under this Agreement, including:

Coverage Minimum Limit of Liability

Products/Completed/Operations) $1,000,000 each occurrence CSL BI and PD

Personal/Advertising Injury $1,000,000 each offense

Garage Keepers $ 150,000 each vehicle/$500,000 each occurrence

On-Hook/Cargo $ 150,000 each occurrence

Auto Liability* $1,000,000 each occurrence CSL BI and PD

*Owned, Non-Owned, Leased and Hired

19.1.2 Employers Liability/Stop Gap Liability insurance with a minimum limit of liability of $1,000,000 each employee/accident/disease (may be placed separately).

19.1.3 Workers Compensation insurance in accordance with the provisions of Title 51 of the Revised Code of Washington (RCW).

19.2 Requirements:

19.2.1 Self-Insured Retentions or deductibles in excess of $10,000 each loss must be disclosed and are subject to the City's approval.

19.2.2 Insurers must have a minimum A.M. Best's rating of A-: VII, be placed as a surplus lines placement by a Washington State licensed surplus lines broker or be approved by the City.

19.2.3 Insurance policies are subject to the City's approval as to form.

19.2.4 The City must be an additional insured as respects Garage Liability or other equivalent coverages for primary limits of liability that are not contributory with any insurance or selfinsurance maintained by the City; the negligent acts of the City may, however, be excluded from coverage.

19.2.5 In accordance with the provisions of RCW 48.18.290, written notice of cancellation, accompanied by the actual reason therefore, must be actually delivered or mailed to the City not less than fortyfive (45) days prior to the date of cancellation, except thirty (30) days for surplus lines placements procured under chapter 48.15 RCW and ten (10) days for cancellation for nonpayment of premiums.

19.3 Evidence of Insurance: Prior to undertaking any work under this Agreement, Contractor shall cause to have filed a certificate of insurance or copies of declarations pages documenting the insurance coverages and minimum limits of liability specified herein. In addition, a copy of an ADDITIONAL INSURED ENDORSEMENT OR BLANKET ADDITIONAL INSURED POLICY WORDING evidencing coverage for the City as an additional insured under the garage liability or equivalent coverage(s) shall be attached. The evidence of insurance shall be sent to:

The City of Seattle, Purchasing Services Section

700 5th Ave, Suite 4112, Seattle Municipal Tower

PO Box 94687

Seattle, WA 98124-4687

Phone: (206) 684-0539

Fax: (206) 233-5155

19.4 Subcontractors: The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate evidence of insurance as stated above for each subcontractor. All coverages for subcontractors shall be subject to all the requirements stated herein and applicable to their profession.

20. Inspection. The Contractor shall keep all records, including records required by this Agreement, the Traffic Code, and other applicable ordinances or statutes, pertaining to vehicles impounded pursuant to this Agreement for at least six years following the expiration or termination of this Agreement. The Contractor shall keep the records for the last three years at its regular business office or offices and shall not remove any of the records from its regular business office or offices without giving the City three full business days advance notice in writing, specifying the particular records to be removed, the place to which they will be removed, and the date they will be removed. Records removed from the Contractors regular business office after three years must be stored as to be readily accessible within one day's time.

The Contractor shall keep the records in an orderly manner as may be instructed by the Director to assure easy access and reference to the records and shall make all the records available for inspection, audit, and copying by the City at all times between 8:00 a.m. and 5:00 p.m., Monday through Friday, except City holidays. The records shall, at all times, be physically located within King County, Washington.

Fourteen (14) calendar days prior to disposing of any record identified in this Section, the Contractor shall notify the City of the Contractor's intent to dispose of said records. The notification shall contain sufficient information to clearly describe the records being disposed. In the event the City objects to the disposal of the records identified by the Contractor, the Contractor, at no expense to the City, shall arrange for the records to be delivered to the Director.

21. Audit: Upon request, the Contractor shall permit the City to inspect and audit all pertinent books and records of the Contractor, any subcontractor, or any other person or entity that performed work in connection with or related to the Contractor's services under this Agreement, at any and all times deemed necessary by the City including up to six years after the Agreement is terminated. Such inspection and audit shall occur in King County, Washington or other such reasonable location as the City selects. The Contractor shall supply the City with, or shall permit the City to make, a copy of any books and records and any portion thereof. The Contractor shall ensure that such inspection, audit and copying rights of the City are a condition of any subcontract, agreement, or other arrangement under which any other person or entity is permitted to perform work in connection with or related to the Contractor's services under this Agreement.

22. Assignment and Subcontracting: The Contractor shall not assign or subcontract any of its rights or obligations under this Agreement without the City's written consent. The City's written consent may be granted or withheld in the City's sole discretion. Any subcontract made by the Contractor shall incorporate by reference all the terms of this Agreement. The Contractor shall ensure that all subcontractors comply with the obligations and requirements of the subcontract. The City's consent to any assignment or subcontract shall not release the Contractor from liability under this Agreement, or from any obligation to be performed under this Agreement, whether occurring before or after such consent, assignment, or subcontract.

23. Changes in Business Ownership:

23.1 Sale of Interest in Agreement. This Agreement is a contract for personal services. The City entered this Agreement in reliance upon the honesty, integrity and good business judgment of the Contractor. The City does not consent to inclusion of this Agreement in the Contractor's sale of the Contractor's business to any other person without the City's prior written approval. In the event of the sale of the Contractor's business, the Contractor shall identify to the City the proposed buyer no later than fourteen (14) calendar days before the sale is made final. The buyer must meet all of the qualifications of the original Contractor to hold the Agreement. Any attempt to transfer the Agreement to a person not approved by the City shall result in the termination of this Agreement.

23.2 Change in Business Ownership. The Contractor shall notify the City at least fourteen (14) calendar days prior to any change in the ownership of the Contractor's business. For the purposes of this subsection, a "change in ownership" shall include, but not be limited to, any change in the identity of corporate officers or board of directors if the Contractor is a corporation. Any new owner must meet all of the qualifications of the original owner to hold the Agreement. Any transfer of business ownership to a person or entity deemed by the City not to be qualified by its honesty, integrity or good business judgment to hold the Agreement shall result in termination of this Agreement. Any attempt to transfer the Contractor's interest in this Agreement to a person or entity not approved by the City may result in the termination of the Agreement.

23.3 Change in Business Ownership-Antitrust. Any change in ownership of the Contractor's business that tends to reduce competition within the tow industry in Seattle may result in the City's termination of this Agreement, at its sole discretion, to avoid antitrust liability or the expense of defending against antitrust charges, whether or not the charges are well founded.

24. Default of Other and Duty to Negotiate: In the case of default by another towing contractor, the Contractor shall negotiate in good faith with the City regarding terms and conditions for providing interim service as Contractor for the Impound Tow Zone previously covered by the defaulting towing contractor until a new agreement for the Impound Tow Zone is solicited and awarded.

25. Compliance with Law:

25.1 General Requirement: The Contractor, at its sole cost and expense, shall perform and comply with all applicable laws of the United States, the State of Washington and The City of Seattle; and rules, regulations, orders, and directives of their administrative agencies and the officers thereof. The reference of any law, rule, regulation, order or directive referred in this Agreement does not limit the Contractor's responsibility to perform and comply with all applicable laws, rules, regulations, orders, and directives.

25.2 Licenses and Similar Authorizations: The Contractor, at no expense to the City, shall secure and maintain in full force and effect during the term of this Agreement all required licenses, permits, and similar legal authorizations, and comply with all requirements thereof.

25.3 Taxes: The Contractor shall pay, before delinquency, all taxes, levies, and assessments arising from its activities and undertakings under this Agreement; taxes levied on its property, equipment and improvements; and taxes on the Contractor's interest in this Agreement.

26. Contractual Relationship: This Agreement does not constitute the Contractor as the agent or legal representative of the City for any purpose whatsoever, and the relationship of the Contractor to the City by reason of this Agreement shall be that of an independent contractor. The Contractor is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the City or to bind the City in any manner or thing whatsoever.

27. Independent Status of Contractor: Both parties hereto, in the performance of the Agreement will be acting in their individual capacities and not as agents, employees, partners, joint ventures or associates of one another. The employees, subcontractors, or agents of one party shall not be deemed or construed to be the employees, subcontractors, or agents of the other party for any purpose whatsoever.

28. Amendments: No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, from time to time, by mutual agreement.

29. Executory Agreement: This Agreement will not be considered valid until signed by both parties.

30. Binding Effect: The provisions, covenants and conditions in this Agreement apply to bind the parties, their legal heirs, representatives, successors, and assigns.

31. Applicable Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. The venue of any action brought hereunder shall be in the Superior Court for King County.

32. Remedies Cumulative: Any remedies of the City under this Agreement are non-exclusive. The City retains the right to choose the appropriate remedy for any violation of this Agreement except as otherwise limited by this Agreement. All remedies under this Agreement are cumulative, and may be exercised concurrently or separately. The exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies.

33. Captions: The titles of parts of this Agreement are for convenience only and do not define or limit the contents.

34. Severability: If any term or provision of this Agreement shall, to any extent, be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

35. Waiver: No covenant, term or condition or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed, and any waiver of the breach of any covenant, term or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term or condition. Acceptance by the City of any performance by the Contractor after the time the same shall have become due shall not constitute a waiver by the City of the breach or default of any covenant, term or condition unless otherwise expressly agreed to by the City in writing.

36. Breach of Agreement: The City considers any breach of the Agreement a serious situation and will seek remedies commensurate with the severity and magnitude of the event. Remedies could include but are not limited to corrective measures, liquidated damages, probation or suspension, or termination of the Agreement. It is the intent and desire of the City to maintain a good working relationship with the Contractor while at the same time ensuring service to the community.

37. Termination: The City may, after at least ten (l0) days prior written notice to the Contractor and an opportunity for a hearing before the Director, order that this Agreement be terminated for any violation, or failure related to the Contractor's performance of any requirement or duty under this Agreement, and this Agreement will thereupon be terminated. In addition, prior to such hearing, the Director may summarily suspend the Contractor's right to perform under this Agreement without recourse by the Contractor of any kind against the City, if the Director determines that grounds for Agreement termination exist and that:

(a) the Contractor's continued performance under this Agreement will cause a clear, substantial and imminent hazard to life, safety or property; or

(b) the Contractor is not in compliance with the insurance requirements of the Agreement, or

(c) the Contractor has failed to maintain all licenses and certificates authorizing it to do business as a registered tow truck operator under Chapter 46.55 RCW, as now or hereafter amended, or other applicable state law.

During the time the Contractor's right to perform under this Agreement is suspended, the Director may procure the temporary services of another towing operator to perform the services identified in this Agreement. The Contractor shall be liable to the City for any damages suffered by the City as a result of the suspension.

38. Addresses for Notices: All notices to be delivered hereunder shall be in writing and shall be delivered or mailed to the following addresses:

If to City:

And to:

If to the

Contractor:

or, such other respective addresses as may be specified herein or as either party may, from time to time, designate in writing.

39. Authority: Each party represents and warrants that it has full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. Each party further acknowledges that it has read this Agreement, understands it, and agrees to be bound by it.

IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed.

__________________________________ THE CITY OF SEATTLE

By:________________________________ By:____________________________________

____________________________ Kenneth J. Nakatsu

Title: _____________________________ Title: Director of Executive Services

Date:______________________________ Date:__________________________________

By: ___________________________________

R. Gil Kerlikowski

Title: Seattle Chief of Police

Date: _________________________________

Invitation to Bid #DEA XXX

Appendix A Propose Agreement

Page 36 of 36

10

Tow draft agreement072104

Appendix A Exhibit 1 Map of impound towing zones

Appendix A Exhibit 2 Sample parking infraction

Appendix A Exhibit 3 Sample vehicle report

Appendix A Exhibit 4 Notice of Impoundment to City

The location from where the vehicle was impounded;

The name or initials of the Contractor's driver who towed the vehicle;

The serial number(s) of the SPD Officer(s) who requested the impoundment;

The make, color, year, and type of vehicle;

The license number of the vehicle, and the State, Province, or Country of registration if other than Washington State;

The vehicle identification number or hull identification number:

The reason for the impoundment or appropriate Seattle Traffic Code section;

The Contractor's Call number;

The City Impound Number, selected in order of receipt of requests for impoundment from a sequence of numbers supplied by the City;

The location of the storage lot to which the impounded vehicle was towed;

The date and time when the Contractor truck arrived at the location of the vehicle to be impounded;

The time when the Contractor's tow truck left the location of the impounded vehicle with the impounded vehicle in tow;

The date and time when the Contractor's tow truck arrived at the storage location with the impounded vehicle in tow;

The parking infraction number, if any;

The incident number, if any; and

Whether a DWLS and/or Evidence Hold(s) has been placed on the vehicle.

Appendix A

Fees Payable by Exhibit 5 Claimant

Fee Type Rate for First Year of Contract

Impound Fees

Class A to be bid per impound

Class B $125.00 per hour

Class C $160.00 per hour

Class E $125.00 per hour

DWLS $80.00 per impound

Storage Fee

20 feet or to be bid per 12 under hours

Over 20 feet 200% of Storage Fee per 12 hours

DWLS $7.00 per 12 hours

Additional Services

Dolly Fee $36.00 per impound

Winch Fee $56.00 per hour

Extra Driver 50% of Class A Fee per Fee impound

Extra Truck 75% of Applicable Fee Impound Fee

Mileage $1.00 per mile

Hook and Release 50% of Applicable Fee Impound Fee

City Administrative Per Rule per Fee impound

Appendix A

Fees Payable by Exhibit 6 City

Fee Type Rate for First Year of Contract

Impound Fees

Class A $45.00 per impound

Class B $125.00 per hour

Class C $160.00 per hour

Class E $125.00 per hour

Storage Fee

20 feet or $7.00 per 12 under hours

Over 20 feet $14.00 per 12 hours

Additional Services

Dolly Fee $36.00 per impound

Winch Fee $56.00 per hour

Extra Driver $21.00 per Fee impound

Extra Truck 75% of Applicable Fee Impound Fee

Mileage $1.00 per mile

Standby Fee $90.00 per hour

Appendix A Exhibit 7

THE CITY OF SEATTLE

DIRECTOR'S RULE

IMPLEMENTING SEATTLE IMPOUND CONTRACT

Seattle Rule 11-30-1 Impound contract administrative fees

1) The purpose of this rule is to establish the administrative fees used in conjunction with the impounding and vehicle storage contract as provided by Seattle Municipal Code (SMC) 11.30.220 and 11.30.290.

2) Administrative fee amount. The administrative fees charged to the person redeeming an impounded vehicle shall be as follows:

a) For vehicles impounded pursuant to SMC 11.30.040 (1 through 6), the administrative fee shall be fifteen dollars ($15).

b) For vehicles impounded pursuant to SMC 11.30.040 (7) (parking scofflaw), the administrative fee shall be sixty-seven dollars ($67).

c) For vehicles impounded pursuant to SMC 11.30.105 (driving while license suspended), the administrative fee shall be sixty-seven dollars ($67).

3) The administrative fees shall be collected by the contractor performing the impound, and shall be remitted to the Department of Finance in the manner directed by the Director of Finance and as specified in the contract provided by SMC Section 11.30.220A. The fees shall be for purpose of offsetting, to the extent practicable, the City's tow contract administration costs, the computer system used to track impounds, and those costs incurred by the Seattle Police Department to administer the Parking Scofflaw Program and the Driving While License Suspended Program.

Effective date: May 7, 2001

Invitation to Bid #DEA-XXX Appendix A, Exhibit ____ 10

City of Seattle Invitation to Bid #DEAXXX

Appendix B Estimated Impoundment Information for the Year 2003

Impound Towing Zone 1 2 3 4 5 6 Total

Total Impounded Vehicles 3,300 4,800 8,900 5,700 3,500 2,300 28,500

Total Released Vehicles 2,225 4,175 7,840 4,420 2,400 1,810 22,870

DWLS Releases 310 110 700 515 500 200 2,335

Average storage 12 hr increments

for DWLS released 60 60 60 60 60 60 vehicles

All Other Released 1,915 4,065 7,140 3,905 1,900 1,610 20,535 Vehicles

Average storage 12 hr increments

for all other released 6.14 5.52 3.8 5.18 7.4 4.5 vehicles

Vehicles Auctioned/Lien Sold 1,075 625 1,060 1,280 1,100 490 5,630

Average storage 12 hr increments

auctioned vehicles 54 54 73.4 54 77.8 60

City of Seattle Invitation to Bid #DEAXXX

Appendix C Forecasted Impoundment Information

Impound Towing Zone 1 2 3 4 5 6

Total Impounded Vehicles 2,930 4,670 8,060 5,085 2,910 2,060

Total Released Vehicles 1,980 4,090 7,275 4,010 2,005 1,650

DWLS Released Vehicles 65 20 140 105 100 40

Average storage 12 hr increments

for DWLS released 50 50 50 50 50 50 vehicles

All Other Released 1,915 4,070 7,135 3,905 1,905 1,610 Vehicles

Average storage 12 hr 6.14 5.52 3.8 5.18 7.4 5 increments

for all other released vehicles

Vehicles Auctioned/Lien Sold 950 580 785 1,075 905 410

Average storage 12 hr increments

auctioned vehicles 54 54 73.4 54 77.8 60

Estimated Total Paid Storage

12 hr increments for all 15,000 23,470 34,110 25,500 19,100 10,050 vehicles

Estimated Total Non-Paid Storage

12 hr increments for all vehicles

(excludes auction proceeds, 51,300 31,320 57,620 58,050 70,410 24,600 if any)