234060 RFP.pdf

Salem Police Department

Towing and Storage Services:

Category II Class C City and

Non-Preference Tows

RFP NUMBER: 234060

OPENING/CLOSING DATE: July 28, 2023 AT 4:00 PM (LOCAL

TIME)

Page 1 Request for Proposal

REQUEST FOR PROPOSALS (RFP) NUMBER: 234060

TOWING AND STORAGE SERVICES: CATEGORY II CLASS C CITY AND NON-

PREFERENCE TOWS

INTRODUCTION

The City of Salem, hereinafter referred to as “City”, is seeking proposals from qualified proposers to provide citywide Towing and Storage Services for Category II Class C City and Non-Preference

Tows.

Proposals will be received until, but not after 4:00 p.m. (local time), July 28, 2023.

Completed proposals must arrive electronically via Equity Hub’s Bid Locker at https://bidlocker.us/a/salem_or/BidLocker. The City will not accept proposals submitted in any other manner.

NO LATE PROPOSALS WILL BE ACCEPTED.

Your proposal must be uploaded prior to the Opening/Closing Date and Time. The City strongly recommends that you give yourself sufficient time and at least ONE (1) day before the opening/closing date and time to begin the uploading process and to finalize your submission. The

City accepts no responsibility for non-receipt and/or delays in receipt caused by transmission and reception problems, equipment failure, or any other similar cause. Each Proposal is instantly sealed and will only be visible to the City after the opening/closing date and time. Uploading large documents may take significant time, depending on the size of the file(s) and your internet connection speed. You will receive an email confirmation receipt once you finalize your submission.

Supported web browsers: Chrome, Firefox, Safari, and Vivaldi.

Need Help?

Please contact Equity Hub at help@equityhub.us or (267) 225-1407 for technical questions related to your submission.

The Vendor Guide for Bid Locker can be found at Vendor Guide for Bid Locker.

Prospective proposers may obtain these solicitation documents by registering on the OregonBuys website and downloading them. Proposers shall consult the OregonBuys system regularly until opening/closing date and time to avoid missing any notices. To register on OregonBuys go to https://oregonbuys.gov. The City shall advertise all Addenda on OregonBuys. Prospective proposers are solely responsible for checking OregonBuys to determine whether or not any

Addenda have been issued. RFP documents will not be mailed to prospective proposers.

https://bidlocker.us/a/salem_or/BidLocker mailto:help@equityhub.us https://bidlocker.us/files/Bid%20Locker%20Vendor%20Guide%20-%20Nov%202020.pdf https://oregonbuys.gov/

Page 2 Request for Proposal

Any objections to or comments upon the RFP specifications must be submitted in writing to the office of the Contracts and Procurement Manager, by email sself@cityofsalem.net.

They must be received no later than July 14, 2023 at 5:00 PM (local time).

Proposals received will be held confidential until a recommendation for award has been approved by the Department Director. Thereafter, all Proposals will be available for public inspection by submitting a Public Records Request through the City Recorders Office

(https://www.cityofsalem.net/Pages/public-records-request.aspx).

The City will be the sole judge in determining award of Contract and reserves the right to reject all Proposals.

Human Rights: It is the express policy of the City that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity on the grounds of race, religion, color, national origin, sex, marital status, familial status or domestic partnership, age, mental or physical disability, sexual orientation, gender identity or source of income as provided by Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964, and other federal nondiscrimination laws. The City’s complete Title

VI Plan may be viewed at https://www.cityofsalem.net/Pages/equity-and-accessibility.aspx.

Proposer agrees to comply with all applicable requirements of federal, state, and local civil rights and rehabilitation statutes, rules, and regulations if awarded an agreement by the City.

Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the successful proposer for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the successful proposer of the successful proposer’s obligations under this Contract and the Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws.

The City is an Equal Employment Opportunity employer.

Questions regarding the City’s RFP process may be addressed to Shawna Self, CPPB, Contracts and Procurement Manager, who may be reached at (503) 588-6445 or by email at sself@cityofsalem.net during City business hours.

The City operates and maintains Americans with Disabilities Act compliant facilities.

Reasonable accommodations are available upon request.

Shawna Self, CPPB, Manager

Contracts and Procurement

FIRST DATE OF SOLICITATION: July 5, 2023

REQUEST FOR PROPOSAL NUMBER: 234060

REQUEST FOR PROPOSAL OPENING/CLOSING: July 28, 2023 at 4:00 pm (Local Time) mailto:sself@cityofsalem.net

Page 3 Request for Proposal

RFP #234060

TOWING AND STORAGE SERVICES: CATEGORY II CLASS C CITY AND NON-

PREFERENCE TOWS

The City of Salem (“City”) is a municipal corporation serving a community with a population of approximately 177,600. It is the capital of the State of Oregon and the county seat of Marion

County. The City has a Council-Manager form of government with an elected mayor and council.

The City has approximately 1,300 employees and nine operating departments (listed below).

City Manager Legal Fire

Enterprise Services Police

Community Development Public Works

Urban Development Finance

SECTION 1: BACKGROUND

The City is seeking competitive proposals for citywide towing and storage services to be contracted on an annual requirements contract basis. This Request for Proposal (RFP) contains one (1) category for towing and storage services: Category II - Class C Tows. Towing and storage services for Category I – Class A and B Tows, was contracted for by the City under a separate

RFP process.

Category II includes towing and storage services for the City for all purposes for vehicles within that category.

The City, via this RFP process intends to select up to two (2) proposers to be named as the primary

Contractors for Category II on a rotational basis. The Category II primary Contractor rotation list will start with the highest ranked Contractor and will continue in order based on the ranking from highest to lowest of the Contractors.

The City, in its sole discretion, may select more or fewer proposers to be named as primary

Contractors for Category II based upon the number of proposals submitted and the results of the evaluations.

The City is also assuring the availability of tows requested by authorized City personnel at the request of a third-party.

Each business entity seeking to be awarded a contract under this RFP must submit its own proposal.

SECTION 2: DEFINITIONS

Abandoned Vehicle. A vehicle determined by authorized City personnel to be abandoned.

City Training Use Tow: Any tow request by authorized City personnel for the tow of a vehicle which is to be used for training purposes by the City.

City Vehicle Tow. Any tow requested by authorized City personnel of a vehicle owned, leased, or otherwise in possession of the City for City use (“City Vehicle”), to a location to be designated

Page 4 Request for Proposal by authorized City personnel.

Class A Tow. Under 10,000 gross vehicle weight rating (GVWR) of the vehicle being towed.

Class B Tow. 10,000 – 26,000 GVWR of the vehicle being towed.

Class C Tow. Over 26,000 GVWR of the vehicle being towed.

Contractor. A towing company that has entered into a Contract with the City pursuant to this RFP to provide vehicle towing and storage services.

Description of Vehicle. Includes license plate number, issuing state, make, model, year, body style, color, and vehicle identification number (V.I.N.).

Disabled Vehicle. A vehicle determined by authorized City personnel to be inoperable.

Hazardous Vehicle. A vehicle that is disabled, abandoned, parked, or left standing unattended on a road or highway right of way and that is in such a location as to constitute a hazard or obstruction to motor vehicle traffic using the road or highway, or a vehicle that otherwise presents a hazard to traffic or to public safety.

Normal Business Hours. 8:00 a.m. and 6:00 p.m. (0800 – 1800 hours), Monday through Friday, state holidays excepted.

Owner’s Requested Tow. A tow request or other emergency road service request made through authorized City personnel at the request of a third-party, including the following types of private tows:

Non Preference. A tow or emergency road service request made through authorized City personnel by a responsible third-party of the vehicle without designating a company or organization to provide said service, and at the expense of the owner or responsible third-party. This also includes a non-preference recovered stolen vehicle tow.

Preference. A tow or emergency road service request made through authorized City personnel by a responsible third-party of the vehicle who designates the company or organization to provide the service, and at the expense of the owner or responsible third-party. This also includes a preference recovered stolen vehicle tow.

Police Impound Tow. Any tow request by authorized City personnel to secure any vehicle involved in a police investigation. This includes vehicles impounded for evidence and vehicles impounded for forfeiture to the City.

Re-Tow. Contractor moves a vehicle in its possession under the Contract to another location at the request of authorized City personnel, or at the request of the owner, person entitled to possession, or their agent.

Standby Time. That period of time Contractor must wait at the scene at the request of authorized

City personnel, or due to the need for the arrival of specialized equipment to be utilized by someone other than Contractor to eliminate a hazard, before Contractor departs the scene with a towed

Page 5 Request for Proposal vehicle. Standby time also includes that period of time Contractor must wait at a pre-determined location at the request of an authorized City personnel such that Contractor may respond to a tow request in an expedited manner.

Towing Dispatcher. The provider(s) of City dispatch services to towing Contractor(s) in accordance with the provisions of the Contract. The Towing Dispatcher includes, but is not limited to, City employees from the City’s Willamette Valley Communications Center (WVCC), the

City’s Police Department, the City’s Fire Department, the City’s Parking Services, and the City’s

Code Enforcement Division.

Vehicle. Any device upon or by which any person or property is or may be transported and includes vehicles that are propelled or powered by any means, including but not limited to, passenger cars, motorcycles, pickup trucks, travel trailers, vehicle/boat trailers, boats, semi-tractor, semi-trailer, buses, and recreational vehicles of all types, including but not limited to, ATVs, motorhomes, fifth wheels (regardless of whether attached to another vehicle), bumper pull trailers (regardless of whether attached to another vehicle), campers, and travel trailers. As used in this RFP. Vehicle includes both the vehicle itself as well as all equipment, accessories, and accessory vehicles, attached to or clearly relating to the vehicle.

Violation Tow. Any tow request by authorized City personnel based on a violation of law, ordinance, or pursuant court order. This includes, but is not limited to, tows for no insurance, driving while suspended or revoked, driving under the influence of intoxicants, and parking violations.

Page 6 Request for Proposal

SECTION 3: SCOPE OF REQUIRED SERVICES

3.1 Contractor agrees to furnish towing, storage, and other related services as set out below when requested to do so by the City, or when requested to do so by the City on behalf of the vehicle owner or person in possession of the vehicle and the City agrees to call or cause the Contractor to be called for such towing services subject to the following scope of services.

3.2 Contractor must have obtained a Letter of Appointment issued by the Oregon State Police for placement on their Non-Preference Towing list. The Letter of Appointment must be for all tow classes that Contractor will be providing services for under the Contract. If at any time the Letter of Appointment issued by the Oregon State Police expires, is suspended, revoked, or made invalid for any other reason, Contractor shall immediately notify the

Contract Administrator. This situation may result in contract termination.

3.3 Contractor agrees to provide vehicles, equipment, facilities, and services in a safe, courteous, and professional manner; to not negligently cause damage to the persons or property of others in the performance of the Contract; to maintain all necessary governmental licenses; and to operate in accordance with City standards. For the purposes of the Contract, all vehicles, equipment, and facilities used by Contractor to perform the agreed upon services, including those subcontracted for, shall be considered in Contractor's exclusive control. Contractor shall be responsible for providing and maintaining, the vehicles, equipment, facilities, and services described herein.

3.4 Contractor shall save, defend, hold harmless, and indemnify the City and its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to the activities of Contractor or its officers, employees, contractors, or agents under the Contract.

3.5 Contractor shall maintain on-site in its business office photocopies of the driver's license of any person who will perform towing services under the Contract. Contractor shall have these driver’s license copies available for inspection by the City at any time during Normal

Business Hours. The City reserves the right to conduct a background search including a driver history and criminal background check on Contractor's officers, agents, and employees providing services to the City. At the City's request, Contractor shall remove employees from providing services to the City. Contractor shall notify City when a new employee provides services to the City.

3.6 Contractor shall provide service twenty-four (24) hours a day, seven (7) days a week, three-hundred and sixty-five (365) days a year.

3.7 Contractor shall not:

A. Monitor police radio communications for profit or gain.

B. Solicit information as to accident locations by payment of any form of gratuity.

C. Solicit business at, or within 1,000 feet of, the site of a motor vehicle accident, unless

Contractor is towing a vehicle pursuant to a separate pre-negotiated payment agreement between Contractor and a motor vehicle road service company. However, anyone may render assistance without charge at the scene of an accident to clear a public street or

Page 7 Request for Proposal highway.

D. Require performance of repair work on a vehicle involved in an accident or breakdown in connection with providing towing services for such vehicle.

E. Make any repairs or alterations to a vehicle without first being authorized by the registered owner, an authorized insurance company, or other agent of the foregoing.

This shall not be construed to prohibit Contractor from making emergency alterations necessary to permit the towing or storage of a vehicle.

F. Charge for service not performed or make duplicate charges for the same service.

G. Use profane or abusive language or otherwise be discourteous to citizens or City personnel.

H. Interfere with other Contractors performing towing or storage services.

3.8 SUBCONTRACTORS

A. At City’s discretion, the City may allow Contractor to use a subcontractor for tows and recoveries which present unique or special circumstances. Consideration and approval of subcontractors will be on a case-by-case basis. Contractor shall not subcontract any work under the Contract without prior approval of the Contract Administrator. All subcontractors must be approved by the City prior to providing any services under the

Contract.

B. Notwithstanding the City’s approval of a subcontractor, Contractor shall remain obligated for full performance of all of Contractor’s obligations as set forth in the

Contract, and the City incurs no obligation other than those obligations to the

Contractor as set forth in the Contract.

C. Contractor shall oversee and hold subcontractors accountable for any functions and responsibilities that it delegates. Contractor shall provide the City with a copy of all contracts related to subcontractors when any change occurs, or any time upon request from the City. Contractor shall not substitute any subcontractor without the prior written approval of the City.

D. Contractor shall ensure that all subcontractors agree to defend, save, hold harmless, and indemnify the City, and its officers, employees, and agents from and against all claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to the activities of Contractor’s subcontractor, or its officers, employees, contractors, or agents, to the same extent as required by

Contractor. Contractor shall provide proof of subcontractor’s insurance in the form of a Certificate of Insurance and endorsement to the City upon request. Further, any actions and omissions of Contractor’s subcontractors remain subject to indemnification by the Contractor.

E. Contractor shall assure that all subcontractors meet all relevant service requirements

(i.e. competency, training and safety requirements to employees, and physical and communication requirements for Storage Facilities).

F. Contractor shall be responsible and liable for all actions of its subcontractors, its officers, employees, contractors, or agents, to the same extent as if Contractor had engaged in the action.

Page 8 Request for Proposal

3.9 When Contractor is called to perform services under the Contract, Contractor will indicate whether Contractor is available to perform the tow. Contractor shall be deemed available when:

A. Contractor has a truck and driver who can arrive at the requested location within thirty

(30) minutes of receipt of the call for service; and, B. Contractor has adequate storage space to accommodate the vehicle.

3.10 Contractor agrees to process and record the status, condition, and disposition of all vehicles towed under the Contract and upon demand of the City, shall release said records to the

City. Records shall be retained in Contractor's business office for a period of seven (7) years.

3.11 Contractor agrees to provide a list to the Salem Police Department Records Section via electronic mail to policerecordssupervisor@cityofsalem.net on a weekly basis of all vehicles towed to their facilities under the Contract, not to include Owner’s Requested

Tow. The list shall include the full Description of Vehicle for each vehicle.

3.12 Within 24 hours of the release, sale, disposal, or other disposition of a vehicle towed and stored by Contractor pursuant to the Contract, other than an Owner’s Requested Tow, Contractor shall provide to the Salem Police Department Records Section via electronic mail to policerecordssupervisor@cityofsalem.net the full Description of Vehicle, the police incident number, and whether the vehicle was released, sold, disposed of, or the other disposition of the vehicle.

3.13 Contractor agrees that towing service includes the removal of all dirt, glass, other debris and injurious substances, and vehicle parts, upon the street attributable to the vehicle being towed or resulting from the tow. If Contractor fails to remove debris, injurious substances, and vehicle parts as required, the City may have the debris, injurious substances, and vehicle parts removed at Contractor’s expense and deduct the cost from any sums due

Contractor.

3.14 Contractor is responsible for securing unsafe vehicles and loads to make suitable for towing.

3.15 The Contract does not require Contractor to clean up any hazardous spills or materials. The

City will take reasonable steps to notify Contractor when the City knows that there has been a release of hazardous substances at a tow scene.

3.16 The City will provide all pre-tow notices pursuant to Salem Revised Code (SRC) 102.205.

The City will provide all post-tow notices required by law or City ordinance of the authority requesting the tow. Contractor remains responsible for providing all notices required to be given by the person towing the vehicle under state law or City ordinance. Contractor is solely responsible for all lien notices.

A. City will notify Contractor at the time the City is releasing its hold on a vehicle towed and stored by Contractor as a Police Impound Tow.

3.17 The City anticipates regular communication and coordination between City staff and

Contractors regarding performance matters, processes, public concerns and comments, and mailto:policerecordssupervisor@cityofsalem.net

Page 9 Request for Proposal other matters relating to the Contract. Contractor agrees to meet with representatives of the

City, at a time, place and schedule determined by the City, which shall be no less than quarterly unless waived by the City.

3.18 EQUIPMENT – CATEGORY II CONTRACTORS

A. Each Category II Contractor shall maintain a minimum of one (1) operable Class C recovery vehicle (27,500 GVWR) or larger rating. In addition, Contractor must have at least one operable Class D-C tow vehicle (27,500 GVWR). Contractor shall not lend these tow vehicles to any other towing company or business.

B. Contractor shall comply with all equipment and inspection requirements of OAR 257-

050.

C. When performing towing services under the Contract, Contractor shall arrive with equipment that complies with all equipment inspection requirements of OAR 257-050 for the designated Class of tow as set forth in the Contract.

3.19 FACILITIES AND STORAGE

A. Facilities

i. Contractor shall maintain a secure indoor storage area, primary outdoor storage area, and a business office facility all of which must be located within the Salem

Urban Growth Boundary (UGB).

ii. Contractor shall have storage areas sufficient to meet Contractor’s obligations under the Contract, tow trucks and drivers, manager(s), full time office employee(s), and office facility, none of which are used by any other towing contractor or towing company.

iii. Contractor’s primary storage area and Contractor’s office facility must be on a separate tax lot, have a separate street address, and have separate physical buildings from any other Contractor or towing company.

iv. City personnel shall have access to vehicles in Contractor’s possession under the

Contract twenty-four (24) hours a day, seven (7) days a week, three-hundred and sixty-five (365) days a year, and will not be charged fees for accessing vehicles.

The City will make reasonable efforts to access vehicles during Normal Business

Hours.

v. Contractor shall:

1. Maintain a business office open to the public for the release of towed and stored vehicles during Normal Business Hours. This office must be staffed with at least one employee during Normal Business Hours who has the authority and ability to perform a release of a vehicle and property that is in

Contractor’s possession as a result of the Contract or an inspection of the vehicle and property by the owner or person in lawful possession. That employee must not be shared with any other towing contractor or towing company.

2. Maintain a telephone number answered at all times during Normal Business

Hours and an answering service for after-hours calls.

Page 10 Request for Proposal

3. Maintain a facsimile machine capable of receiving at all times.

4. Maintain an electronic mail (email) address that is actively monitored during

Normal Business Hours.

5. Maintain a clean indoor customer waiting area with seating for at least one person.

6. Contractor must have an identification sign in plain view at its business office including the company name, regular business hours, the telephone number and any other means of contacting Contractor, methods of payment

Contractor accepts, a telephone number for after-hours information, the charges and rates of all towing and storage services set by the City, the amount of any additional service charges for after Normal Business Hours vehicle access or release, and “For customer service comments regarding tow service, e-mail the Salem Police Department at police@cityofsalem.net.” Signage must be approved by the Contract Administrator.

vi. Contractor's storage areas and office facilities shall be in conformance with all applicable zoning requirements.

vii. Contractor shall exercise reasonable care to protect stored vehicles, and the contents thereof, from vandalism, theft, or burglary, as well as the weather.

Contractor may remove property from a vehicle to a place of safekeeping to protect such property from theft or loss and Contractor may remove a mechanical part, such as a battery or distributor rotor, from the vehicle if Contractor deems it necessary to prevent the unauthorized removal of the vehicle. In all cases, Contractor shall make an inventory of the property or parts removed and a copy of such inventory shall be furnished to any persons seeking to redeem the vehicle or property. Removed property shall be returned to the owner/agent immediately upon request, unless otherwise prohibited or restricted by law. Any parts removed must be returned and reinstalled at Contractor's expense at the time the vehicle is reclaimed.

For purposes of the Contract, reasonable care means, at a minimum:

1. Having a fence at least six (6) feet tall with barbed wire along the top edge, free of holes or weak spots which could allow unauthorized entry.

2. Equipping all gates, doors, and other openings into storage facilities with locks and securing facilities against unauthorized entry during times when

Contractor's personnel are not present at the facility.

3. When vehicle door keys are available, locking car doors and keeping keys in an area protected from unauthorized entry; closing open car windows and sunroofs; using tarps to protect vehicles with broken windows or uncloseable sunroofs. No additional fees shall be charged for these services.

B. Secure Indoor Storage Facility

i. Contractor’s secure indoor storage facilities must be located at Contractor’s primary storage facility location and must serve as an extension of the Salem

Police Department’s evidence and property storage facility and shall be constructed and operated so that only authorized Salem Police Department mailto:police@cityofsalem.net

Page 11 Request for Proposal personnel have access to the facilities when being utilized by the Salem Police

Department. Contractor may access and use the secure indoor storage facilities only when not in use by the Salem Police Department. Contractor shall immediately remove all items from the secure indoor storage facility area not placed in the area by or at the direction of the Salem Police Department or otherwise being utilized by the Salem Police Department, when notified that the area will be utilized by the Salem Police Department. All such items shall be removed from the secure indoor storage facility area within thirty (30) minutes of being notified that the space will be utilized by the Salem Police Department.

ii. In order to meet the standards of the Chain of Custody of evidence for criminal proceedings and to ensure adequate space, Contractor shall have not less than two

(2) secure indoor storage bays capable of securing up to a single vehicle each with each secure bay meeting the following requirements:

1. Fully enclosed (to include closed roof) with sufficient workspace to allow access to all areas of the vehicle by inspecting Police Department Personnel.

Minimum dimensions for each bay shall be 12’ (+/- one foot) wide by 24’

(+/- one foot) long and a minimum of ceiling height of 10’. There must be at least one entrance into each bay that has a minimum clearance of 8’;

2. Ample direct overhead lighting that would allow Police Department

Personnel to conduct cursory inspections/searches of the vehicles. Each bay must be able to be made completely dark;

3. Access to power outlets (either direct access or through an extension cord);

4. Floored with pavement, concrete, or sealed decking;

5. Fully secured from weather and unauthorized entry;

6. Individual storage bays with a locked entry gate for each bay. Each bay must be individually securable. The lock for each bay must be individually keyed.

The gate key will be released to Salem Police Department personnel upon the securing of a vehicle on behalf of the Salem Police Department. Duplicate keys will not be maintained by Contractor;

7. Clearly marked as prohibiting unauthorized entry;

8. Free of dirt, dust, oil spills, animal waste, and loose items such as but not limited to auto parts; and,

9. Protected from contamination by foreign substances.

C. Outdoor Storage Facilities

i. Contractor’s primary outdoor storage facilities must be at least 10,000 sq. ft. and shall be capable of accommodating a minimum of forty (40) vehicles that are 6’ wide by 16’ long to be stored as follows:

1. All storage areas shall be reasonably protected to safeguard vehicles and contents.

2. All streets and places adjacent to such facilities shall at all times be kept clear of vehicles that are in the custody of the Contractor. No change of location of the designated storage facilities or use of additional facilities shall be made

Page 12 Request for Proposal without written notice to and approval of the City.

3. Each storage space must be a minimum of 200 square feet. Contractor must maintain enough space around each vehicle such that the vehicle’s interior and exterior may be readily inspected.

ii. Contractor may also utilize additional outdoor storage facilities under

Contractor’s control. Such additional outdoor storage facilities must be located within 5 miles of Salem city limits and shall meet all vehicle and content safeguards and storage requirements as Contractor’s primary outdoor storage facilities.

1. If Contractor's primary outdoor storage facilities are filled to capacity, Contractor may remove vehicles held longer than forty-eight (48) hours, excluding holidays and weekends, to Contractor’s additional outdoor storage facilities. Such additional tow shall not be subject to charge, and notification of the new storage location shall be given to within one (1) hour from the time such additional tow is made to any party provided information as to the initial storage location. Any such notification to be provided to the City shall be provided via electronic mail to policerecordssupervisor@cityofsalem.net.

2. A vehicle being towed pursuant to the Contract that will be stored by

Contractor in outdoor storage, shall be towed to Contractor’s primary outdoor storage facility if there is space. If Contractor has multiple outdoor storage facilities and Contractor’s primary outdoor storage facility is full, a vehicle being towed pursuant to the Contract that will be stored at Contractor in outdoor storage shall be towed to Contractor’s outdoor storage facility which has space available, that is located in the same county as the tow scene, and which is closest to where the vehicle was hooked up to the tow vehicle. If

Contractor’s primary outdoor storage facility is full and none of Contractor’s additional outdoor storage facilities are in the same county as the tow scene, Contractor shall tow the vehicle to Contractor’s facility closest to the tow scene.

3.20 RELEASE OF VEHICLES AND CONTENTS

A. Except for personal property of an emergency nature as defined by Oregon Revised

Statutes (ORS) 98.852 or as otherwise required by law or City ordinance, Contractor may refuse to release any vehicle or its contents, except a City Vehicle, in Contractor’s possession pursuant to the Contract until Contractor receives payment of all charges from the owner or other claimant.

B. Except for Owner’s Requested Tows and City Vehicle Tows, Contractor shall not release any vehicle towed pursuant to the Contract unless the owner or other claimant has obtained written authorization for such release from the City.

C. Unless prohibited by the City or otherwise prohibited or restricted by law, the owner or person in lawful possession of a vehicle towed pursuant to the Contract, or other person authorized by the City, shall have access to said vehicle, without charge, during

Normal Business Hours for the purpose of inspection or release of the vehicle or release or removal of unattached personal property. Unattached personal property is property within or on a vehicle that is not attached to the vehicle or an actual part of the vehicle.

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D. Unless prohibited by the City or otherwise prohibited or restricted by law, the owner or other person in lawful possession of a vehicle towed pursuant to the Contract shall be allowed to obtain release of the vehicle, inspect the vehicle, or obtain release or removal of unattached personal property during other than Normal Business Hours.

Contractor shall be allowed up to one (1) hour, or longer if mutually agreed to, to respond to a request to release a vehicle, inspect a vehicle, or release a vehicle’s contents during other than Normal Business Hours.

E. Parties responsible for towing and storage charges shall be:

i. City shall pay all towing and storage charges for all City Vehicle Tows. City shall not be liable for secure indoor storage fees unless such storage has been directed by the City.

ii. City shall pay all towing charges for City Training Use Tows.

iii. Re-Tow - City shall only be responsible for the cost of a re-tow of a City vehicle or a re-tow performed at City’s request.

iv. Standby Time – City shall only be responsible for the cost of standby time when

Contractor must wait at a pre-determined location at the request of an authorized

City personnel such that Contractor may respond to a tow request in an expedited manner.

v. City will not be responsible for any charges related to the towing or storage of an

Owner’s Requested Tow. Contractor shall not charge more for an Owner’s

Requested Tow made by the City pursuant to the Contract than Contractor charges for other private tows not requested by the City.

vi. City shall pay all towing charges and storage charges up to and including the date of authorization for release to the owner of all Police Impound Tows, except charges for recovered stolen vehicles will be the total responsibility of the owner except as otherwise provided in this subsection. The City shall pay, at the contracted rate, all towing charges and storage charges up to and including the date of authorization to the owner, where a recovered stolen vehicle is held by the

City for evidence processing. The owner shall be responsible for all storage fees accrued after City authorization for release, and those fees shall be at Contractor's contracted rate.

vii. For a Violation Tow or Police Impound Tow where a court of law determines that the owner of the vehicle is not responsible for the payment of towing and/or storage charges, Contractor shall release the vehicle and its contents without charge to the owner and the City will pay to Contractor fifty percent (50%) of the contracted rates for any Outdoor Storage, Secure indoor storage, or After hours release or access fees, performed by Contractor, and one-hundred percent (100%) of the contracted rates for all other contracted services performed by Contractor.

If the vehicle has already been released and the City is ordered to reimburse the owner, Contractor shall reimburse the City for all Outdoor Storage, Secure indoor storage, and After hours release or access charges that exceed fifty percent (50%) the normal City rates.

viii. In all other cases, towing and storage charges, shall be paid as follows:

1. If the vehicle is claimed, regardless of the value of the vehicle, the owner or

Page 14 Request for Proposal other claimant shall pay Contractor's contracted towing and storage charges prior to release of the vehicle, unless owner has made other arrangements pursuant to law.

3.21 DISPOSAL OF UNCLAIMED VEHICLES

A. Any motor vehicle, except an abandoned, disabled, or unattended hazardous vehicle, appraised at a value of $500.00 or less by a person holding a certificate issued under

ORS 819.480, which remains unclaimed and for a period of at least 30 days after the date of mailing notice pursuant to SRC 102.210, or the taking of the vehicle into the custody by the City, whichever is later, may be disposed of in accordance with the procedures set forth in ORS 819.210, unless otherwise provided by law.

B. Unclaimed abandoned, disabled, or unattended hazardous vehicles, appraised at

$500.00 or less shall be disposed of by Contractor to a person who holds a valid dismantler certificate issued under ORS 822.110, in conformance with SRC 102.240.

With respect to these vehicles:

i. The City may appraise abandoned, disabled, or unattended hazardous vehicles which the City reasonably believes to be valued at $500 or less, prior to requesting tow services.

ii. The City will provide the Contractor with a copy of the appraisal done by the

City, if any, and the name and address(es) of the registered owner and any known interested parties at the time of the tow.

iii. If the City has not appraised an abandoned, disabled, or unattended hazardous vehicle which Contractor reasonably believes to be valued at $500 or less, Contractor shall have the vehicle appraised by a person holding a certificate issued under ORS 819.480. With respect to abandoned vehicles which Contractor reasonably believes to be valued at $500 or less, the appraisal required by this section shall be performed within forty-eight (48) hours of the tow. Copies of the appraisals along with digital color photos of all four (4) sides of the vehicle shall be provided to the City immediately upon request.

iv. Contractor shall be responsible for making ALL notifications listed under ORS

819.215 and shall keep copies of all such notices for a period of seven (7) years.

Upon request by the City, the Contractor shall provide the City copies of such notices.

Page 15 Request for Proposal

3.22 RECREATIONAL VEHICLES, CAMPERS, CAMPING TRAILERS, FIFTH WHEELS.

A. At the request of the City, Contractor shall haul any recreation vehicle (RV), camper, camping trailer, fifth wheel, or other vehicle, in Contractor’s possession under the

Contract to Rapid Response Bio Clean, located at 7600 SE Johnson Creek Blvd, Portland, OR, or another business designated by the City, for dismantling.

B. The City agrees to pay Contractor for towing to Rapid Response Bio Clean, or another business designated by the City, recreational vehicles (RVs), campers, camping trailers, and fifth wheels, or other vehicles, that meet the following criteria:

1. The vehicle was an abandoned, disabled, or unattended hazardous vehicle towed at the request of the City;

2. All notice requirements for the vehicle to be disposed of to a dismantler have been satisfied;

3. The vehicle has not been reclaimed within 30 days of being taken into custody;

4. The vehicle is appraised at a value of $500 or less by a person who holds a certificate issued under ORS 819.480; and,

5. The City requests the vehicle be hauled to Rapid Response Bio Clean or another business designated by the City for dismantling.

C. Prior to disposing of an unclaimed RV, camping trailer, fifth wheel, or other vehicle, appraised at a value of $500 or less by a person who holds a certificate issued under

ORS 819.480, Contractor shall notify the City that the vehicle is ready for disposition so that the City has the opportunity to request that the vehicle be hauled to Rapid

Response Bio Clean or another business designated by the City, for dismantling, in accordance with this section. Nothing in this section is intended to obligate the City to request a particular vehicle be hauled for dismantling.

D. The City agrees to pay Contractor a Re-Tow fee as well as a per mile rate for one-way travel only from Contractor’s facility to the dismantler designated by the City for vehicles that Contractor hauls to a dismantler at the request of the City in accordance with this section.

E. The City agrees to pay Contractor a flat fee for preparing the vehicle for haul to the designated dismantler, when necessary to make the vehicle safe for tow from

Contractor’s facility to a dismantler at the request of the City. Contractor shall document all prep work performed, which shall include photographing the vehicle both before and after completion of the prep work and shall provide the documentation to the City upon request. Tow preparation work done to prepare the vehicle for tow from a scene to Contractor’s facility is included in the tow service rate and not separately reimbursable.

F. Nothing in this section is intended to obligate Contractor to pay dismantling fees for vehicles towed to a dismantler in accordance with this section.

3.23 RATES

A. Contractor will only charge the City or the owner the rates as per the Contract as set out in Section 9.

B. No additional administrative fees, hidden fees, or other fees not listed per the Contract

Page 16 Request for Proposal will be charged. Contractor may recoup its lien filing related expenses actually incurred by Contractor for obtaining registered owner information, certified mail, mandatory advertising, and third-party lien processing service-related charges. Contractor may not include Contractor’s staff’s time in these charges. For vehicles valued at up to

$2,500.00, Contractor may recoup not more than $40.00. For vehicles valued at over

$2,500.00 or vehicles registered outside the state of Oregon, Contractor may recoup up to $205.00. Such charges must be itemized on the tow invoice and documentation provided to the vehicle owner or the Contract Administrator, on request.

C. The lowest price required by the vehicle size or condition will be charged. For example, if a Class B rated truck is used to tow a vehicle which could be towed by a Class A rated truck, the lower Class A price will be charged.

D. Costs for additional services performed but not required by the situation or not requested by the City will not be charged. Associated costs included in fees paid under the Contract also will not be separately charged. For example, if Contractor uses secure indoor storage when not required or requested the additional service will not be charged for. As an additional example, if Contractor uses a dolly, the service will not be charged for.

E. City Training Use Tows - The initial tow of the vehicle and all intermediate tows of the vehicle will all be charged at a single “city owned vehicle” tow service rate for the class of vehicle. The return tow of the vehicle will be at the re-tow rate for the class of vehicle.

F. Standby Time starts after the Contractor is on-scene or at the predetermined location for thirty (30) minutes and Contractor is waiting at the request of City personnel or due to the need for the arrival of specialized equipment to be utilized by someone other than

Contractor to eliminate a hazard. Standby Time is charged in fifteen (15) minute intervals until such time a vehicle is attached to Contractor’s tow truck or the

Contractor has been released from the location by City personnel.

G. Recovery - Recovery rates are for winching or turning over any vehicle, including vehicles off a normal roadway, requiring Contractor to use additional vehicles, lengths of cable, air recovery cushions, chokers, slingers, shackles, snatch blocks, and additional chains other than required in a normal tow procedure. There is a one hour minimum for Recovery time. Recovery time shall be charged in quarter hour intervals after the first hour. Recovery time ends when the tow is hooked up. When a recovery charge is made, the beginning and the ending times shall be written on the invoice, and if recovery time exceeds one hour it shall be charged to the nearest fifteen (15) minutes after the first hour. Recovery rates apply if a tow apparatus responds to the scene and hooks onto a vehicle to perform recovery services, whether or not the vehicle is towed.

H. Storage (Per towed vehicle) - Storage rates are defined as a rate per twenty-four (24) hour period. Unless otherwise provided by law, one day storage fee will be charged once the vehicle has been held for four (4) hours or more from the time of the tow.

Unless otherwise provided by law, two days storage fee may only be charged after the vehicle has been held more than twenty-four (24) hours from the time of the tow. Third and subsequent days storage fees will commerce after each subsequent twenty-four

(24) hour period has passed.

I. After Hours Release Charges - May be charged any time an owner or other claimant

Page 17 Request for Proposal requests release or access to their vehicle or vehicle contents after Normal Business

Hours. After hours charges will be posted in plain view at its business office as described in Section 3.19.

J. Mileage between a scene within the urban growth boundary and any of Contractor’s tow facilities, even if the tow facility is located outside the urban growth boundary, is included in the tow service rate. Mileage between a scene within the urban growth boundary and any location within the urban growth boundary is included in the tow service rate. Mileage from a scene outside the urban growth boundary to the urban growth boundary may be charged at a per mile rate in addition to the tow service rate.

If the City requests a vehicle be towed to a location outside the urban growth boundary, other than Contractor’s tow facilities, mileage from the urban growth boundary to the location may be charged at a per mile rate in addition to the tow service rate.

K. Only billings for towing and storage which are correctly completed with the charges authorized by the Contract shall be paid. Billings shall include license number, issuing state, make, model, year, body style, class of tow, and incident number. In the absence of a license plate, the vehicle identification number shall be supplied if available.

Handwriting must be legible. Billings which fail to comply with the Contract will be returned for correction prior to any payment being made.

3.24 RESERVATION OF RIGHTS BY CITY

The City reserves the right to call other towing companies other than Contractor if City, in its sole discretion, determines additional service is needed for any occasion that cannot be served timely by Contractor. The City reserves the right to inspect Contractor's facilities and equipment, audit invoices and company billing practices, and conduct background investigations to include a driver history and a criminal background check on the

Contractor's officers, agents, and employees, at any time during the term of the Contract.

3.25 CONFIDENTIAL INFORMATION

Contractor shall not disclose personal information gathered in the performance of providing services under the Contract to third parties. Personal information shall include but is not limited to names, addresses, and phone numbers of vehicle drivers and/or owners.

Law enforcement personnel, insurance companies, and other entities authorized by the

Contract Administrator shall have access to personal information.

3.26 DISPATCH SERVICE

A. Tow dispatch services will be provided through the City’s Willamette Valley

Communication Center (WVCC) or directly via authorized City personnel.

B. Contractor will be charged a tow dispatch services fee of $10.00 per tow. This rate is in affect through June 30, 2024. The rate may be adjusted by the City annually thereafter effective on July 1st of each year. Notice of any rate increases to the tow dispatch services fee will be given in writing at least ninety (90) days prior to the effective date of any increase.

C. The City will invoice Contractor monthly. Invoices not paid within thirty (30) calendar days of the invoice date will bear interest at the rate of one (1) percent per month from the date shown on the invoice until the day the payment is received.

Page 18 Request for Proposal

3.27 PERSONAL AND CRIMINAL HISTORY INQUIRY AUTHORIZATION RELEASE

(APPENDIX C)

The personal and criminal history inquiry authorization release form will be required from the awarded Contractor(s) and provided to the Contract Administrator. Do not submit this information with your proposal.

The City reserves the right to conduct background searches including a driver history and criminal background check on the Contractor’s officers, agents and employees on employees, assigned to provide services for each category prior to execution of contracts.

The City reserves the right to require the replacement of any agent or employee based on the information gathered in its search. The City is not suggesting a Contractor terminate its agent or employee if the City determines the driver is not qualified to tow for the City. Qualification requirements only require the “replacement” or substitution of that particular driver with respect to providing services under the

Contract, including but not limited to that they not tow for the City under the

Contract.

SECTION 4: ASSIGNMENT OF WORK

4.1 On a rotational basis, Category II Contractors (designated for towing Class C vehicles) shall tow, upon request by authorized personnel, vehicles over 26,000 GVWR, except for

Owner’s Requested Preference Tows and Re-tows. A Re-tow is not considered a turn in the normal tow rotation, all re-tows must be authorized by the City.

4.2…