RFP 8779 Towing Services FINAL.pdf

REQUEST FOR PROPOSAL

#8779

Towing Services-Countywide

FOR

Washtenaw County

Sheriff

Issued By:

Washtenaw County Purchasing Administration Building 220 N. Main Street Ann Arbor, MI 48104

Beth A. Duffy, CPPB Purchasing Manager

(734) 222-6768

Proposal Submitted by:

Please type Bidder’s Company Name & include as proposal cover

WASHTENAW COUNTY

Finance Department

Purchasing Division

220 N. Main, Ann Arbor, MI 48104 phone (734) 222-6760, Fax (734) 222- 6764 www.purchasing.washtenaw.org

RFP #8779

May 11, 2025

Washtenaw County Purchasing Division on behalf of the Sheriff’s Office is issuing a sealed RFP #8779 for Towing Services Countywide.

All required bid documentation for this project may be obtained at the Washtenaw County Purchasing Division website, https://www.washtenaw.org/2431/Open-Bids

Sealed Proposals: Contractor will deliver an electronic response to this solicitation at our Open Bids website by using the “Submit a Proposal” link associated with RFP #8779 at:

https://www.washtenaw.org/2431/Open-Bids Bid proposals submitted through BIDNET will not be accepted.

By Monday, June 9, 2025, at 4:00 PM EDT

A MANDATORY PRE-BID MEETING WILL BE HELD ON

WEDNESDAY, MAY 21, 2025, AT 3:00 PM, REMOTELY VIA ZOOM

Join Zoom Meeting https://us02web.zoom.us/j/84692888615?pwd=bLIvAk4caEEMtR4artxp5vL5UWwCob.1.

Meeting ID: 846 9288 8615 Passcode: 997722

Upon commencement of a virtual meeting please be prepared to provide the moderator with your company contact information including name, phone number and a valid e-mail address.

Proposals received after the above cited time will be considered a late bid and are not acceptable unless waived by the Purchasing Manager.

http://www.purchasing.washtenaw.org/ https://www.washtenaw.org/2431/Open-Bids https://www.washtenaw.org/2431/Open-Bids https://us02web.zoom.us/j/84692888615?pwd=bLIvAk4caEEMtR4artxp5vL5UWwCob.1

RFP 8779 TOWING SERVICES COUNTYWIDE FOR SHERIFF’S OFFICE

• Please direct purchasing and procedural questions regarding this RFP to Beth Duffy via e-mail only to duffyb@washtenaw.org.

• Please direct technical questions regarding this RFP to Crystal Campbell, Washtenaw County Sheriff’s Office, Director of Operations, via e-mail only at campbellc@washtenaw.org, with a copy to the purchasing and procedural questions contact as well.

✓ Bidders or their representatives are prohibited from communicating with Washtenaw County employees regarding this RFP except as provided under

TECHNICAL QUESTIONS.

✓ Violation of this provision by the bidders and/or their agent may lead to disqualification of the bidder’s proposal from consideration. Your response submission must be clearly marked RFP #8779.

mailto:duffyb@washtenaw.org mailto:duffyb@washtenaw.org mailto:campbellc@washtenaw.org

PROPOSAL INFORMATION

I. PROPOSAL DEFINITIONS

Definitions

“Bidder” An individual or business submitting a bid to Washtenaw County

“Contractor/Vendor” One who contracts to perform services in accordance with a legal agreement

“County” Washtenaw County in Michigan

“Department” Sheriff

II. TERMS

A. Washtenaw County reserves the right to reject any and all proposals received as a result of this RFP. If a proposal is selected, it will be the most advantageous regarding price, quality of service, the BIDDERS qualifications and capabilities to provide the specified service, and other factors that the County may consider. The County does not intend to award a contract fully on the basis of any response made to the proposal; the County reserves the right to consider proposals for modifications at any time before a contract would be awarded and negotiations would be undertaken with that BIDDER whose proposal is deemed to best meet the County’s specifications and needs.

B. The County reserves the right to reject any or all bids, to waive or not waive informalities or irregularities in bids or bidding procedures, and to accept or further negotiate cost, terms, or conditions of any bid determined by the County to be in the best interests of the County even though not the lowest bid.

C. Proposals must be signed by an official authorized to bind the BIDDER to its provisions for at least a period of 90 days. Failure of the successful bidder to accept the obligation of the contract may result in the cancellation of any award.

D. In the event it becomes necessary to revise any part of the RFP, addenda will be provided. Deadlines for submission of RFP's may be adjusted to allow for revisions.

To be considered, BIDDER will deliver one (1) e-proposal in .pdf format to the County as indicated on or before the date specified.

E. Proposals should be prepared simply and economically providing a straight-forward, concise description of the BIDDERS ability to meet the requirements of the RFP. Proposals must be typed or clearly legible.

F. The initial award of this contract shall be for a period of four (4) years, with an option to renew an additional two (2) additional one (1) year periods, pending agreement by both parties.

G. CONFLICT OF INTEREST. Contractor warrants that to the best of contractor’s knowledge, there exists no actual or potential conflict between contractor and the County, and its Services under this request, and in the event of change in either contractor’s private interests or Services under this request, contractor will inform the County regarding possible conflict of interest which may arise as a result of the change.

Contractor also affirms that, to the best of contractor’s knowledge, there exists no actual or potential conflict between a County employee and Contractor.

H. The bidder shall be responsible for all costs incurred in the development and submission of this response. Washtenaw County assumes no contractual obligation as a result of the issuance of this RFP, the preparation or submission of a response by a bidder, the evaluation of an accepted response, or the selection of finalists. All proposals, including attachments, supplementary materials, addenda, etc. shall become the property of Washtenaw County and will not be returned to the bidder.

I. Any responses, materials, correspondence, or documents provided to Washtenaw County under this solicitation are subject to the State of Michigan Freedom of Information Act and may be released to third parties in compliance with that Act.

J. Local Vendor Preference – A policy adopted by the Washtenaw County Board of Commissioners (BOC) that shall govern the procurement of goods, services and food from local vendors located in Washtenaw County and the State of Michigan. The intent of the BOC is to encourage and promote economic growth and regional job development. The policy shall be applied to Washtenaw County operated programs as allowed, except those that are federally funded directly or indirectly. All other Procurement Policies and Procedures remain in full effect. Please see “Local Vendor Certification Application & Affidavit” enclosed in this RFP.

K. Vendor Appeal Process – Unsuccessful bidders may appeal an award of contract, lease or purchase order to the County Administrator. All appeals shall be made in writing to the County Administrator with a copy to purchasing within five (5) business days of the Notice to Award. The County Administrator shall take necessary actions to review the appeals and respond to the individual submitting an appeal within five (5) business days. This response shall be documented in writing in the bid file.

L. Any oral responses to any questions shall be unofficial and not binding on Washtenaw County. The County’s procurement staff will make such interpretation or correction, as well as any additional RFP provisions that the County may decide to include, only as an RFP addendum. Any addendum issued by the County shall become a part of the RFP. Submitters should consider issued addendums in preparing his or her proposal submission. Questions may not be responded to if received within five (5) business days prior to bid opening.

III. VENDOR SPECIFICATIONS

The proposal shall include all the following information. Failure to include all the required information may result in disqualification of a BIDDER.

BIDDERs are to complete the submission as described below:

Instructions for BIDDER:

Please prepare a 1–2-page written statement describing how your company plans to meet the county’s towing service requirements. Include:

• Your operational approach and philosophy to ensuring timely response and quality service. Include any policies or practices you employ to positively impact the community where your business is located (e.g., indigent customer policy, sliding fee scale, sponsorship of community events or organizations, etc.).

• Methods for maintaining compliance with law enforcement standards (e.g., chain of custody).

• Specific use of technology (e.g., tow software) to enhance service and collaboration with the county.

• Plans for maintaining and upgrading fleet and facility.

Appendices in the attached sample contract may be used where applicable to convey this information.

A. In RFP Response Addendum A:

a. State the BIDDER’S qualifications to provide the services required by Washtenaw County. Include years in business under your present company name, staff profile (i.e., number of drivers, dispatchers, tow lot manager), and experience.

b. List all applicants, owners, part owners, partners, etc.

c. List other legal entities with financial interest.

d. Provide the total years in business and years in the towing business under the name stated on the RFP signature page.

e. Explain the volume of services provided for previous year: average daily call volume, average number of police calls for service, private property calls for service, authorized agent (insurance company) calls, and other calls.

f. If the BIDDER owns more than one company, it will be its responsibility to provide company information for any and all companies which will provide service under the contract.

B. In RFP Response Addendum B:

a. Detail ability to provide service 24 hours per day 365 days per year.

b. Describe procedures for logging and dispatching calls for services. Include what type of Towing Software System is used to track this information. The BIDDER must allow Washtenaw County Sheriff’s Office access to their

Towing Software system as it relates to tows under this contract. In addition, the BIDDER will pay the annual cost for such access throughout the duration of this contract.

c. State the physical location of the primary service point from which you will serve the district/area(s) you are bidding on. Also state the hours of operation, storage, yard/lot, and truck information.

C. In RFP Response Addendum C:

a. Four (4) total references- List three (3) references from previous corporate or government customers purchasing similar services. One (1) reference should speak directly to contractors’ community involvement and impact (ex: Indigent customer policy, community event/organization sponsorship). Include business name, contact name, title, email address and phone number for each reference.

b. List whether you have prior experience towing for law enforcement agencies under your current ownership and operational framework. Include law enforcement agency name, time period and contact name.

c. Review and attach Local Vendor Preference Certification information and signed Affidavit.

d. Proof that the company is properly registered with the State of Michigan.

e. Documented proof of exclusive lease or ownership of secure storage lot(s) valid through the term of the contract.

D. In RFP Response Addendum D:

a. Description of cancellation, termination, and or suspension(s) of previous contracts (if applicable, if none please indicate).

E. In RFP Response Addendum E:

a. List names of all employees who are currently employed to provide service specified in the sample contract. Indicate how long employee has worked for the BIDDER and how long each has worked in the towing business. List any training courses that the employee has attended that might be relevant to the ability to service this contract, including any training/ certification related to towing and storage of electric vehicles. List employee’s D.O.B., Driver’s License, full SSN and employment position seeking (See Security Check Form)

b. Signed Security Check Forms. This form is Appendix #6 and should be completed by all employees that provide service specified in the sample contract.

F. In RFP Response Addendum F:

a. Review contract provisions and insurance requirements. Note any limitations on any of the articles or providing insurance requirements as outlined in the contract provisions contained in sample contract.

b. Three copies of BIDDER’S Liability Insurance certificate including the additional insured endorsement.

c. Three copies of BIDDER’S Garage Insurance certificate.

d. Three copies of BIDDER’S Cargo Insurance certificate, if not included in a & b above.

e. Three copies of BIDDER’S Worker’s Compensation Insurance certificate.

G. In RFP Response Addendum G:

a. List of all trucks and special equipment.

H. In RFP Response Addendum H:

a. A copy of the current tow service rate schedule for Private and Private Property tows as defined in the definitions section of the attached sample contract.

I. In RFP Response Addendum I:

a. All vehicles and equipment that will provide service under this contract must be inspected and certified in accordance with the provision of the contract.

b. Provide the following information for each service vehicle. Appendices #7, #9, and #10 in the sample contract may be used to capture this information.

i. Vehicle class

ii. Make, Year, Model and GVW rating of chassis

iii. Number, capacity and type (manual or hydraulic, etc.) of booms

iv. Number and size of winches

v. Size and quantity of cable for each winch

vi. Lift type(s), i.e. sling, wheel lift, chassis lift, roll back, etc.

vii. Rear wheel/axle configuration, i.e. duels, tandem duels, etc.

viii. Any additional equipment

ix. Photographs showing required lettering and registration plate.

c. The below list of equipment that is required to be on every wrecker included in the BIDDER’S proposal. A promise of future compatibility is not acceptable.

For each item below, indicated “Y” next to it if every wrecker has this equipment and “N” if not. If “N”, then identify which vehicle do meet this requirement. This will be physically verified by inspection.

i. Push Broom

ii. First Aid Kit (fully stocked)

iii. Shovel

iv. Tow Lights

v. Lock out Tools

vi. Flashlight

vii. Gas Can

viii. Air Tank

ix. Tool Kit

x. Tire Changing Equipment (spare tire installation)

xi. Jumper Cables

xii. Snatch Block(s)

xiii. Device for Communication

xiv. Emergency Flares or Triangles

xv. Emergency Flasher System

xvi. Emergency Warning Lights (360 degrees)

xvii. Fire Extinguisher (ABC rated)

xviii. Floor Oil Dry

d. Furnish a copy of each vehicle registration. If the vehicle is leased the leasing company must be on the registration. If the leasing company is not on the registration, a copy of the lease agreement must be furnished.

Those companies wishing to bid for contract towing services must operate a place of business within the area for which the bid is made, or within an adjoining towing area as established by the Washtenaw County Sheriff’s Office.

IV . AWARD

Award will be made to the lowest responsive, responsible bidder, with the most relevant experience and best qualifications. However, the award may not be based solely on low bid alone.

The County reserves the right to award this contract to more than one vendor for the different areas of work at the County’s discretion. The County reserves the right to add additional vendors at any time to ensure adequate services.

An Evaluation Committee will be established to review all the proposals, facilities, equipment, etc. prior to the award of the contract and will make appropriate recommendations to the Sheriff. Specific factors that will be considered by the County include, but are not limited to:

a. Technical capability of the contractor to accomplish the scope of the work required in the RFP. This includes holding all proper licenses, performance history on past and current government or industrial contracts or work, and responsiveness of the proposal in clearly stating an understanding of the work to be done and the manner in which it will be expected to be done.

b. Demonstrated availability of the necessary personnel (both supervisory and operational personnel), facilities and necessary equipment to accomplish the scope of work in the RFP.

c. Financial capability of the BIDDER to perform in accordance with the proposal requirements, evidenced by the financial position and resources that assures the ability to complete the contract.

i. BIDDERS approach to the RFP.

ii. BIDDERS facility staffed with personnel on site 24/7.

iii. BIDDERS provides medical insurance for their employees.

WASHTENAW COUNTY SHERIFF’S OFFICE

TOWING PROPOSAL EVALUATION FORM

Below is a structured Proposal Evaluation Scoring Document that awards points based on the required criteria. It ensures a comprehensive assessment of submitted proposals for the county towing RFP. This scoring document ensures consistency, fairness, and thorough evaluation of all submitted proposals.

Vendor Name:

Date of Submission:

Evaluator(s) Name: ______________________________________

Evaluation Criteria and Scoring

Category Maximum Points

Evaluator Score

Comments

Years of Experience/ Capacity

5 Minimum 3 - 5 years required.

Evaluate depth of experience:

average daily call volume, average number of police calls for service/ private property calls for service/ authorized agent (insurance company) calls/ other calls.

References 5

Minimum 4 references required.

Assess relevance and quality. One reference should speak succinctly to contractors’ community contributions/ impact. (ex: Indigent customer policy, community event/ organization sponsorships)

Completeness of Proposal 5 All requested documents, forms, and statements included.

Licenses and Insurance Compliance

10 Compliance with local, state, and county requirements.

Use of Technology 10 Tow software system functionality and law enforcement access.

Past Performance 10 History of compliance, quality of service, and reputation. (Complaints on file).

Equipment Inventory 10 Adequacy and diversity of fleet to meet variety of towing needs;

demonstrates familiarity with industry best practices for towing and storage of Electronic Vehicles (EVs).

Lot Location 5 Proximity to area(s) for which they are bidding (e.g., within 15 miles).

Lot Size and Capacity 5 Ability to accommodate towing volume.

Number of Personnel 5 Sufficient staff to handle expected service levels.

Financial Stability 5 Demonstrated ability to sustain operations.

Age and Condition of Fleet 10 Evaluate fleet mileage, appearance, and reliability.

24/7 On-Premises Staff 5 Dedicated staff for after-hours needs.

Project Approach 10 Quality of written statement outlining service plan.

TOTAL | 100 points

Evaluator Assessment:

• Evaluate the vendor’s submission for clarity, feasibility, and alignment with the county’s expectations.

Evaluator Notes:

• Provide additional comments about the proposal.

• In accordance with the Freedom of Information Act (FOIA) requirements, any written notes will be collected and retained.

Scoring Guidance:

• Exceptional: 9–10 points

• Above Average: 7–8 points

• Meets Expectations: 5–6 points

• Below Expectations: 3–4 points

• Unsatisfactory: 0–2 points

Final Score Total Points Awarded: /100

A. The BIDDER must submit to the County in as much detail as is deemed necessary, a description of how the towing service will be performed in relationship to the specific factors that will be considered by the County for award as listed in IV. AWARD POINTS above.

B. The County shall have the right to thoroughly inspect and investigate the establishment, facilities, business reputation, quality of equipment, and other general qualifications of any BIDDER, and to reject any proposals, irrespective of essentials necessary to assure acceptable standards of performance. The inspection will occur during the normal business hours and will include the facilities and all records that are related to the contract.

C. Once the County determines the successful BIDDER, the County reserves the right to negotiate the terms and conditions of the specific proposal to reach a final contract.

D. The BIDDER must receive a minimum 70 points out of the maximum 100 points to be considered for a contract award.

E. The final award will be based in part on the number of points each BIDDER has accumulated by the end of the evaluation process.

F. The Washtenaw County Sheriff’s Office and Washtenaw County Purchasing Division reserves the right to award towing contracts based on several considerations, including, but not limited to, bid points, professional performance history, etc.

G. To be awarded an area the BIDDER must have a minimum of two (2) trucks and two (2) designated drivers dedicated for each area awarded. This qualification will be verified by the Washtenaw County Sheriff’s Office.

H. It is the intention of the Washtenaw County Sheriff’s Office to award an entire area to a single contractor. A BIDDER may be awarded more than one (1), but not more than TWO

(2) areas.

I. The Washtenaw County Sheriff’s Office reserves the right to select an alternative BIDDER to provide Law Enforcement tows when: a BIDDER cannot handle a call for any reason, a contract is suspended or terminated; or a BIDDER no longer provides services.

J. INSPECTION OF FACILITIES, PRE AND POST AWARD

a. The Manager of the Purchasing Division, and/or designated representatives of the Washtenaw County Sheriff’s Office, reserves the right before making an award to have the premise of the BIDDER inspected, or to take any other action necessary to determine fitness, reliability, and ability to perform. By submitting a response to this RFP, the BIDDER agrees to give the County Inspector access to and check the physical location, facilities, equipment, records and/or equipment for ability to comply with conditions of the RFP.

b. The Washtenaw County Sheriff’s Office intends to send out a team to inspect the BIDDER’S premises.

c. If a selected BIDDER does not pass inspection as required in this RFP, the area bid will be awarded at the sole discretion of the Washtenaw County Sheriff’s Office.

d. There will be no grace period extended to any BIDDER to allow them an opportunity to attain an acceptable rating.

K. The County reserves the right to make multiple awards as a result of this proposal. The award(s) will be made to the most responsive, responsible BIDDER, with the most relevant experience, best qualifications and who meets the requirements set forth in this proposal. The County reserves the right to reject any or all bids.

V. SCOPE

SEE SAMPLE STANDARD CONTRACT

VI .SAMPLE STANDARD CONTRACT

SERVICE CONTRACT Contract #

(NAME OF CONTRACTOR)

AGREEMENT is made this _____ day of ___________ , 2025, by the COUNTY OF WASHTENAW, a municipal corporation, with offices located in the County Administration Building, 220 North Main Street, Ann Arbor, Michigan 48107(“County”) and (NAME OF CONTRACTOR) located at (CONTRACTOR’S ADDRESS) (“Contractor”).

In consideration of the promises below, the parties mutually agree as follows:

ARTICLE I - SCOPE OF SERVICES

1. SCOPE

1.1. This contract sets forth the responsibilities and clarifies the relationship between the COUNTY and the CONTRACTOR for purposes of performing Law Enforcement

Tows for the Washtenaw County Sheriff’s Office or other law enforcement agencies which have contracted with the Washtenaw County Sheriff’s Office for Towing

Coordination Services (hereinafter Contract Law Enforcement Agency).

1.2. The CONTRACTOR shall perform the services as specifically stated in this contract, including all appendices and attachments. CONTRACTOR shall perform no work until a notice to proceed is issued by the COUNTY.

1.3. SCOPE OF SERVICES: The services shall consist of providing all equipment, hardware, towing software, personnel, labor, storage facilities, insurance, and services required to provide Washtenaw County Sheriff’s Office initiated towing and related services 24 hours per day/7 days per week for Washtenaw County. Services include but may not be limited to the following: accident scene towing, accident site cleanup, abandoned and confiscated vehicle towing, stranded motorist, storage and auction of abandoned vehicles.

1.4. This contract does not apply to or regulate any aspect of any tow operation other than tows directed by the Washtenaw County Sheriff’s Office and/or a law enforcement agency with whom the WCSO has an agreement.

1.5. The purpose of this contract is to ensure prompt, adequate, reasonable and uniform cost for services for the COUNTY and the public at the request of the

COUNTY.

1.6. The CONTRACTOR and its employees shall:

1.6.1. Provide services common to and authorized in the towing industry.

1.6.2. Provide services courteously and professionally with the utmost respect for the people with whom they encounter under the terms of this contract.

1.7. The CONTRACTOR acknowledges that service provided to people through this contract are often viewed to be an extension of COUNTY government by those in receipt of the service.

1.8. The COUNTY will not tolerate behavior or business practices that lead to people to view it as disreputable. Examples include but are not limited to lack of responsiveness to questions or complaints; rude or aggressive behavior; charging for excessive or unnecessary services, frequent billing errors, not refunding identified billing errors or overcharge errors within 14 days of discovering the error.

2. DEFINITIONS

2.1. “Abandoned” or “Abandoned Vehicle” - As defined by Michigan Statute or local ordinance.

2.2. “Basic Tow” – Is the simple hook up and transport of a vehicle on or immediately adjacent to normally maintained right-of way or maintained private road, drive or parking lot, clean-up at a collision scene requiring one employee to perform manual labor less than 30 minutes.

2.3. “Business Records” – Those records maintained by the contracted tow or recovery business that relate to non-consensual tows.

2.4. “Class 1&2 Tow” - A tow, or service request, of a passenger vehicle or truck or van, up to 10,000 Gross Vehicle Weight Rating (GVWR), unloaded, which requires a Light Duty tow truck.

2.5. “Class 3&4 Tow” - A tow, or service request, of a vehicle exceeding 10,000 Gross

Vehicle Weight Rating (GVWR) which requires a Medium Duty tow truck.

2.6. “Class 5&6 Tow” - A tow, or service request, of a vehicle exceeding 20,000 GVWR that requires a Heavy-Duty tow truck.

2.7. “Collision Crash Wrap” – A material, typically a thick, self-adhesive, clear film, that is used to prevent additional deterioration in vehicles or other equipment that have been in a crash or are otherwise damaged which may be temporarily open to the elements.

2.8. “Contract Law Enforcement Agency” – A law enforcement agency which has contracted with the Washtenaw County Sheriff’s Office to receive Towing

Coordination Services, whether by intergovernmental agreement or otherwise.

2.9. “CONTRACTOR” – Any qualified towing and/or recovery business which holds a current, valid towing business certificate and has been awarded a tow area by the

Washtenaw County Sheriff’s Office. Includes the owner(s), officers, employees, and agents of the contracting towing service.

2.10. “CONTRACTOR Dispatch” – A CONTRACTOR staff member designated to receive phone calls for towing service and facilitate the response of the wrecker request.

2.11. “Disabled Motor Vehicle” – A vehicle that is in an immobile state that requires towing from a location where the owner of the vehicle is present.

2.12. “Disabled Motorist” – The person entitled to possession of a vehicle that is in a disabled state.

2.13. “Dispatching Facilities” - The facilities used by CONTRACTOR for maintaining radio contact with two vehicles.

2.14. “Dolly Use” – Is the act of securing the target vehicle to an accessory wheeled dolly to enable its movement. The fee may be charged once the dollies are removed from the wrecker and the CONTRACTOR is in the process of connecting the dolly to the wheels of the vehicle.

2.15. “DOT Classes” – DOT Class 1 & 2 is towing of a vehicle that requires a Light Duty wrecker (10,000 GVW or less). DOT Class 3 & 4 is towing of a vehicle that requires a

Medium Duty wrecker (10,001 – 16,000 GVW). DOT Class 5 & 6 is towing of a vehicle that requires a Medium Duty wrecker (16,001 – 19,500 GVW). DOT Class 7 & 8 is towing of a vehicle that requires a Heavy-Duty wrecker (19,501 – Greater).

2.16. “Drop Fee” - The fee assessed when a vehicle is released to the registered owner or owner’s authorized representative, prior to completion of the hookup and towing away of the vehicle.

2.17. Electronic Vehicle/ “EV” - An automobile powered entirely or partially by electricity from a battery that requires recharging. These vehicles may require specialized knowledge to safely tow and store.

2.18. “Excessive Site Clean Up” – When a required clean-up necessitates the use of heavy machinery to pick up debris. Examples include, but are not limited to: front-end loaders, backhoes, cranes. *Any fees related to Excessive Site Clean Up shall be well-documented. Photos of the scene prior to clean up and photos of the machinery in use must be imported to the towing software system.

2.19. “Excessive Winching beyond Right of Way” – Is the fee charged if vehicle must be winched from a distance that exceeds 20 feet past the end of the right of way (See

Appendix #8). *Any fees related to Excessive Winching beyond Right of Way shall be well-documented and photos attached to towing software system.

2.20. “Gate Fee” – A fee sometimes assessed by a CONTRACTOR to merely enter the area (“go through the gate”) to gain access to a vehicle, whether for release or retrieval of personal effects. * Regardless of the name of the fee, no Fee for moving towed vehicles from inside the lot to outside of the lot will be assessed for vehicles towed under this contract.

2.21. “Gone on Arrival (GOA)” - When the vehicle to be towed has been moved prior to the CONTRACTOR’s arrival at the tow scene and tow services are no longer required. *No charges will be assessed. Metro Dispatch will attempt to call off the wrecker, based upon information from the scene provided to the call taker.

2.22. “Hazard Vehicle” – A vehicle that is disabled, abandoned, parked or left standing unattended on a road or highway right of way and obstructing motor vehicle traffic as defined in Michigan Statute.

2.23. “Hook and Drop” – The act of releasing a vehicle prior to towing it away after it has been partially or completely connected to a tow truck.

2.24. “Investigative Hold” - Any vehicle impounded for the purpose of an investigation for physical evidence processing where anyone is prohibited from retrieving the vehicle prior to completion of the investigation. An investigative hold may not incur towing, storage or administrative fees while the vehicle remains on hold. The impounded vehicle may be stored at a contracted CONTRACTOR lot or at a designated facility determined by the Sheriff’s Office or Contract Law Enforcement Agency.

2.25. “Law Enforcement Agency (LEA) Administrative Fee” – Is a fee charged to the vehicle owner or custodian which is collected by the CONTRACTOR and remitted to the Washtenaw County Sheriff’s Office in full and is intended to cover the administrative costs of police-initiated tows only.

2.26. “Law Enforcement Tow”- A tow at the direction of law enforcement. This includes but is not limited to: recovered stolen vehicles; vehicles towed pursuant to arrest;

vehicles on Investigative hold; vehicles on non-investigative hold; vehicles towed under

Michigan Statutes or local ordinance; or otherwise designated as a Police tow by a law enforcement agency.

2.27. "Moderate Site Clean Up ": In excess of general scene debris clean-up. No heavy machinery required. May not be charged in combination with other

"Additional Charges", including Oil Dry application/ pick-up/ disposal fee. Must be justified by pre-and post-scene clean-up photos shared to towing software/application.

2.28. “Motor Vehicle” -As defined by Michigan Statute, “means every vehicle that is self-propelled, but for purposes of chapter 4, motor vehicle does not include industrial equipment such as a forklift, a front-end loader, or other construction equipment that is not subject to registration under this act. Motor vehicle does not include a power-driven mobility device when that power-driven mobility device is being used by an individual with a mobility disability. Motor vehicle does not include an electric patrol vehicle being operated in compliance with the electric patrol vehicle act, 1997 PA 55, MCL 257.1571 to 257.1577. Motor vehicle does not include an electric personal assistive mobility device. Motor vehicle does not include an electric carriage. Motor vehicle does not include a commercial quadracycle. Motor vehicle does not include an electric bicycle.

Motor vehicle does not include an electric skateboard”.

2.29. “Motorcycle” – As defined by Michigan Statute “means a motor vehicle that has a saddle or seat for the use of the rider and is designed to travel on not more than 3 wheels in contact with the ground. Motorcycle includes an auto cycle but does not include a tractor”.

2.30. “Motorcycle Rate” – The fee charged for towing a motorcycle.

2.31. “Oversized Tow Vehicle” - A tow truck equipped to perform the towing of automobiles, motorcycles, or other vehicles, and which has a gross vehicle weight rating of at least 10,000 lbs.

2.32. “Owner”- When referring to the owner of a vehicle as defined in Michigan Statues laws relating to towing, means the person that is entitled to possession of the vehicle and who is liable for the cost of removal and disposition of an abandoned vehicle. The owner shall be considered the person to whom the vehicle is registered according to the Michigan S.O.S.

2.33. “Owner’s Authorized Representative” - A person authorized by a vehicle owner to have access to the vehicle.

2.34. “Personal Belongings” - Property within a vehicle that is not critical to the operation of the vehicle. *Per this contract and MCL 257.252a(19) , Owner and/or Owner’s

Authorized Representative will not be charged for the 1st visit to retrieve personal effects and/or inspecting vehicle damage for insurance claims.

2.35. “Police Agency” – Refers to any law enforcement agency covered under this.

2.36. “Law enforcement officer” – Any sworn law enforcement officer or non-sworn agency employee working under the direction of a sworn law enforcement officer employed by a law enforcement agency covered under this contract.

2.37. “Police Non-Investigative Hold” - Any law enforcement tow of a vehicle subject to seizure pursuant to legal process (example: outstanding parking tickets); or any vehicle towed and stored on behalf of a law enforcement agency, when such storage will require authorization from said agency before the vehicle may be released.

2.38. “Private Property Impound” - or “PPI” means the impoundment of a vehicle from a private property at the request of the property owner, operator, lessee, manager, or person in lawful possession of the property, without the prior consent of the vehicle’s registered owner.

2.39. “Private Tow” - A tow requested by a person that is not defined by this contract as a Law Enforcement Tow.

2.40. “Qualified Driver” - A person registered as a tow truck driver employed by a

CONTRACTOR and possessing and having completed the following:

2.40.1. Current valid operator’s license issued by the state of residence, and

2.40.2. Sheriff’s Office criminal background approval

2.41. “Recovery” – The act of up-righting, winching, securing, and/or rotating a vehicle before it can be towed. Recovery fees cannot be charged if a vehicle can be towed without the above-mentioned actions being taken. If a vehicle is operable, keys are available, and can be driven to the tow truck for towing, it does not qualify as being a recovery. *Any fees related to Recovery shall be well-documented. Photos of the scene prior to recovery must be imported to the towing software system.

2.42. “Recovery beyond Right of Way” – The act of using equipment or special skills to remove the target vehicle of it is located beyond the roadway. The roadway is intended to include the road and shoulder. This includes recovery from hazardous or challenging terrain such as thick brush/trees, swamps or bodies of water. *Any fees related to Recovery beyond Right of Way shall be well-documented. Photos of the scene prior to recovery must be imported to the towing software system. (See

Appendix #8)

2.43. “Release Form” (Release) - A document issued by a law enforcement agency or district court authorizing the release of a non-consensual towed vehicle to the person entitled to possession of the vehicle as defined by Michigan Statute.

2.44. “Release to Owner” - Release of a vehicle to the owner or owner’s authorized representative.

2.45. “Release to Other Than Owner” - Release of a vehicle to someone other than owner/owner’s authorized representative (Secured Party, Insurance, Company, etc.).

2.46. “Response Request (Expedited)” - A request by a law enforcement agency to tow of a vehicle creating a Hazard. The CONTRACTOR is to respond in the time frame outlined in this RFP. This type of request does not authorize the CONTRACTOR to violate any laws or operate emergency lights while traveling to or from a tow scene.

2.47. “Response Request (Routine)” - A tow requested with no special instructions.

2.48. “Response Request (Special)” - A tow request requiring an escort by an Agency

Police vehicle.

2.49. “Re-Tow (2nd Tow)” - Towing a vehicle that has already been towed once for an

Investigative or Non-Investigative hold from one location to another.

2.50. “Right of Way (R.O.W.)” – As defined by the Michigan Department of

Transportation design manual on road design, the Right of Way - (R.O.W.) is “The entire area reserved for the construction, operation, and maintenance of the roadway and the improvement of the roadside such as landscaping, sidewalks, pathways or transit stops.

Right of way will either be free access or limited access. Limited access right of way is when the inherent right of access to a public highway by the abutting owner or occupant is acquired along with the title to the right of way” (See Appendix #8).

2.51. “Road Service” – Services to vehicles that do not require it to be towed. Examples include but are not limited to: jumpstarts; providing fuel; changing or inflating tires;

gaining entry to a locked vehicle.

2.52. “Sheriff” – The Sheriff of Washtenaw County and any personnel under authority of the Office.

2.53. “Skates Use” – Equipment that reduces friction during the loading and unloading of vehicles with damaged or stuck wheels.

2.54. “Standby Time” –The time between when the tow truck arrives on scene until the

CONTRACTOR is permitted to provide service that exceeds 30 minutes. This may occur if law enforcement personnel are still processing the vehicles at the time the tow truck arrives. *Any fees related to Standby Time shall be well-documented and supported by information in the towing software system. Fees must be aligned with the basic tow rate or recovery fees listed and based upon DOT Class of the vehicle to be towed.

2.55. “Storage Facilities” – The area used by CONTRACTORs for storing towed vehicles.

2.56. “Storage Services” – Services provided by a CONTRACTOR, which include protection and storage of a vehicle and its contents after towing at the request of a law enforcement agency. Such storage shall be in a secure facility. These services may also include covering a vehicle with a wrap for protection from inclement weather, inventorying personal effects, and removal of valuables for safekeeping. Inside storage fees may only be charged when inside storage is at the request of law enforcement or at the request of the vehicle owner in writing.

2.57. “Storage Fee” – The compensation payable for the storage of a towed vehicle that has been stored at or in a facility owned, operated, leased or used by a CONTRACTOR.

2.58. “Storing” - To hold a towed vehicle by a CONTRACTOR as defined above in

“Storage Services”.

2.59. “Title Turn Over” - Title surrendered in lieu of payment of fees.

2.60. “Tow” - To mechanically draw, pull or haul a vehicle by use of a tow truck. A tow is complete, and fee assessable when the CONTRACTOR has completed the attachment of all safety equipment, and the tow truck is in motion with the vehicle. The tow truck shall be considered in motion once the clutch has been engaged or the automatic transmission is in gear, and the tow truck is moving forward.

2.61. “Tow Area or Tow District” – Any of the geographical areas in Washtenaw

County as shown in (Appendices #2 and #3), and by this reference incorporated herein.

2.62. “Tow by the Hour (TBTH)” – The term for assessment of an hourly fee for courtesy towing.

2.63. “Tow Coordinator” –The Sheriff’s Office employee(s) designated to coordinate the inspection of equipment and facilities, review applications, assess penalties, audit records, resolve complaints, and represent the Washtenaw County Sheriff’s Office.

2.64. “Towing Fee Structure” - The rates established for towing services by

CONTRACTORS under contract with the Washtenaw County Sheriff’s Office and

Contract Law Enforcement Agencies.

2.65. “Tow Request” – A request for any of the services covered by this contract.

2.66. “Tow Vehicle” – A tow truck equipped to perform the towing of automobiles, motorcycles, or other motor vehicles, and which has a minimum of one-ton manufacturer’s designation and a less than 10,000 lbs. gross vehicle weight rating.

GVWR of 10,000 lbs. or more is an “oversized tow vehicle”.

2.67. “Towed Mile” – The actual distance, measured in driving miles, that a vehicle is towed.

2.68. “Towing” – To draw or pull along a vehicle by means of another vehicle equipped with booms, car carriers, winches or similar equipment with or without the prior consent of the vehicle owner.

2.69. “Towing Services” – Services performed by CONTRACTORs. Including: all types of vehicle towing, winching and recovery, disabling drive lines, securing unstable loads, clean up at accident scenes, moving cars at the police storage facility, storage, and/or disposal of unclaimed vehicles.

2.70. “Up Righting of Vehicle” – The act of returning a vehicle to its upright position.

2.71. “Vehicle” – As defined by Michigan Statute “means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices exclusively moved by human power or used exclusively upon stationary rails or tracks and except, only for the purpose of titling and registration under this act, a mobile home as defined in section 2 of the mobile home commission act, Act No. 96 of the Public Acts of 1987, being section 125.2302 of the Michigan

Compiled Laws”.

2.72. “Vehicle Description” – A description of a vehicle including at a minimum the license information, issuing state, make, model, year, color, body style, and vehicle identification number (V.I.N.).

3. CONTRACTOR RESPONSIBILITIES

3.1. CONTRACTOR shall furnish towing services as provided by this Contract, when requested to do so by authorized Washtenaw County Sheriff’s Office and/or a law enforcement agency with whom the WCSO has an agreement., in accordance with this Contract.

3.2. CONTRACTOR will ensure its employees providing services covered in this contract understand its terms.

3.3. CONTRACTOR will train its employees how to properly record services provided to help minimize billing errors. This training may include but is not limited to: filling out forms (paper or electronic); providing detailed receipts; taking digital photographs of a scene before services are provided.

3.4. CONTRACTOR must adhere to all motor vehicle laws. Although tow trucks are covered under Michigan’s Emergency Vehicle Caution Law, they are not authorized as emergency vehicles in Michigan Statute. As such, unless specifically directed by authorized Law Enforcement Agency personnel, Contractors must adhere to all motor vehicle laws. Exceptions granted to emergency vehicles regarding parking and standing, stop lights or stop signs, speed limits, and those governing direction of movement or turning in a specified direction do not extend to tow trucks.

3.5. CONTRACTOR will not solicit information as to accident locations by payment of any form of gratuity.

3.6. CONTRACTOR will not solicit those at the scene of an accident for which they have not been dispatched to by the Washtenaw County Sheriff’s Office. They may voluntarily render assistance without charge at the scene of any accident to clear the public streets or highways of any debris or obstruction, or to render any other safety or humanitarian need.

3.7. CONTRACTOR will not solicit for repair work on a vehicle involved in an accident or breakdown in connection with providing towing service for the vehicle.

3.8. CONTRACTOR will not make any repairs or alterations to a vehicle without first being authorized by the owner, an authorized insurance firm, or other authorized agent of the vehicle owner. They may make emergency alterations when necessary to permit the safe towing of a vehicle.

3.9. CONTRACTOR will not charge for services not performed. Contractor will not make duplicate charges for the same service. Contractor will not charge any fee in excess of those permitted under this Contract. Contractor may not charge each vehicle the same amount for the same service. But may divide the cost of the service provided between the vehicles impacted.

3.10. CONTRACTOR will not remove any parts, property or personal effects or any other thing from a vehicle, except as specifically permitted in this contract, or at the explicit request of the vehicle owner or owner’s authorized representative.

3.11. The CONTRACTOR will not operate in performance of this contract while consuming alcohol or while under the influence of alcohol.

3.12. The CONTRACTOR will not operate in performance of this contract while under the influence of illicit substances unless such substances are taken pursuant to a doctor's prescription or are available over the counter. Any drugs used must not impair the operator's ability to safely perform all functions necessary to the fulfillment of this contract.

3.13. The CONTRACTOR will not operate any vehicle or other equipment in performance of this contract in a careless, reckless, or negligent manner as defined in

Michigan Compiled Law (MCL).

3.14. The CONTRACTOR will not operate a towing vehicle in the commission of a crime.

3.15. The CONTRACTOR will provide a clearly legible, itemized, accounting of charges to the vehicle owner or owner’s authorized representative listing all charges in detail.

3.16. The CONTRACTOR will not require any vehicle owner or owner’s authorized representative to make any statement or sign any document relieving the

CONTRACTOR from responsibility for the condition of the vehicle or its personal effects prior to the owner’s or owner’s authorized representative's inspection of vehicle or personal effects.

3.17. Except as directed by a representative of the WCSO or an authorized representative of a law enforcement agency with whom the WCSO has an agreement, the CONTRACTOR will not operate any vehicle towed under this contract, except in

CONTRACTOR’S storage facility, and then only for the purpose of repositioning the vehicle for storage.

3.18. While performing under this Contract, the CONTRACTOR will have access to, and become aware of, information that involves the pursuit of, apprehension and prosecution of criminals and/or is of a highly confidential or sensitive nature.

CONTRACTOR will treat the information to which it has access under this

Contract as confidential. CONTRACTOR will not disseminate any information to anyone except as provided by this contract.

3.19. The CONTRACTOR will provide the Washtenaw County Sheriff’s Office with the name and contact information of the person assigned to handle complaints on their behalf about services provided by the CONTRACTOR.

3.20. The CONTRACTOR will adhere to the Complaint Handling Procedures established and approved by the Sheriff for resolution of complaints against the

CONTRACTOR. (See Appendix #5)

3.21. The CONTRACTOR will strictly comply with all relevant provisions of the Motor

Vehicle Code as it relates to liens.

3.22. For any tow in which a law enforcement agency is responsible for the costs of the tow (which does not include investigatory holds and impounds per section (11.2.1), CONTRACTOR will bill the law enforcement agency requesting the tow.

CONTRACTOR agrees that Washtenaw County is not the guarantor of payment for any tow requested by any Contract Law Enforcement Agency.

3.23. All vehicles towed pursuant to this contract will be towed to the CONTRACTOR’s

Washtenaw County Sheriff’s Office approved storage facilities. CONTRACTOR will not tow a vehicle to any other location except as directed by law enforcement personnel, or pursuant to a written agreement with the vehicle owner.

3.24. The CONTRACTOR will use towing software programs such as: Topps, Tracker, Tow Books, Ranger, etc. The towing software programs should have dispatching solutions, GPS tracking, mobile apps for tow drivers’ accountability, job status and updates and ability to attach photos which will be part of the detailed billing and invoice report. In addition, the CONTRACTOR will be required to permit the COUNTY access to all information (i.e. invoices, photos, etc.) related to vehicles towed under this contract.

The use of the above towing programs will assist in providing a uniform template of information required on tow invoices. The CONTRACTOR will be responsible for the cost of allowing the County access into their system for viewing only contracted tows for the duration of the contract.

4. STORAGE FACILITIES AND EQUIPMENT

4.1. The CONTRACTOR will…