Application for Towing and Storage Services, 3/14/2025, Page 1 of 20

TOWING AND STORAGE SERVICES

March 14th, 2025

*Applications are due by 2:00:00 PM (PST), April 4, 2025*

Ashland Police Department’s non-preference tow contract has expired, and the Department is in need of a new contract through June 30th, 2030. As a part of this informal bidding process, the Department is posting this notice to allow the opportunity for different towing companies to join a non-preference tow rotation. It is important that you review ALL attached and written materials to ensure that your company is able to comply with the scope of services and the contract.

Attached are the draft contract, and the Scope of Services exhibit. Please read through the attached documents and ensure that your company can comply with the requirements set forth in them.

If you are certain that you can meet these requirements, please submit through the OregonBuys portal the following:

1. Completed exhibits A-H (attached).

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APPLICATION CONTENTS CHECK LIST

Please note: It is important that applicants acknowledge each request for information. If the information being requested is “not applicable” to your business, please write “Not Applicable” or “N/A” in the space provided. This will provide clarity for the evaluators..

Exhibit A – Company information

Exhibit B – Qualifications and Experience

Exhibit C – References

Exhibit D – Tow Truck Vehicle List

Exhibit E – Tow Truck Drivers Employed by Contractor

Exhibit F – Other Contractor Employees Who Have Contact with Customers (Includes: Owners, Clerical, Office, Yard and Lot Employees)

Exhibit G – Facilities Description Information

Exhibit H – Proposed Fee Schedule

Exhibit I – Scope of Services

Copy of internal customer service standards and policies

(Include a copy of your firm’s internal customer service standards and policies (best practices). The City understands these standards may be modified to include the requirements set forth herein.

Compliance with the customer service standards will be monitored by the City. Any non-compliance is to be promptly remedied. Polite, truthful and assertive communication is essential to a successful partnership with the City.)

Photos of interior and exterior areas: office; indoor secure storage; and outdoor secure storage

Copies of current Insurance Certificates that will satisfy the requirements in the Agreement for Towing

Services (Successful applicants will be required to provide insurance certificates with the City of Ashland identified as the additional insured.)

o General Liability ($2M per occurrence) o Commercial/Business Auto o Workers’ Compensation o Garage keeper’s liability insurance to protect against vehicle damage o Cargo insurance as required by OAR 257-050-0070

Copy of current City of Ashland business license

If applicable, copies of any other required and/or applicable licenses

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EXHIBIT A

TOWING AND STORAGE SERVICES

Name of Parent Company:

Name of Towing Company:

Business Address:

Telephone Number:

Fax Number:

Email Address:

Authorized Signature:

Print Name:

Title:

Date:

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EXHIBIT B

QUALIFICATIONS AND EXPERIENCE

Please note: You may submit a proposal to provide any one, or all three (3) classes of towing services you are able to provide.

Qualifications/Performance:

Years of experience providing towing services: Years

Number of years in business: Years

Describe geographic area currently serviced:

Indicate if you have the appropriate industry experience and towing vehicles to provide each class of towing services being requested below:

“Class A” tow vehicles are motor vehicles with a minimum manufactured gross vehicle weight rating of 10,000 lbs. These units may tow a single vehicle of legal size and weight and have a combined gross weight of 26,000 lbs. or less.

Yes / No (Circle)

If “No”, please explain:

“Class B” tow vehicles are motor vehicles with a minimum gross vehicle weight rating of 17,000 lbs.

These units may tow a single vehicle or a combination of vehicles and have a combined gross weight of 80,000 lbs. or less, not including the tow vehicle.

Yes / No (Circle)

If “No”, please explain:

“Class C” tow vehicles are motor vehicles with a minimum gross vehicle weight rating of 27,500 lbs.

These units may tow a single vehicle or a combination of vehicles and have a combined gross weight, inclusive of the tow vehicle, of 98,000 lbs. or less.

Yes / No (Circle)

If “No”, please explain:

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EXHIBIT C

REFERENCES

Provide three (3) references, including the name of the company, contact name, telephone number and email address for each reference. The City reserves the right to verify the references.

COMPANY NAME CONTACT NAME TELEPHONE EMAIL ADDRESS

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EXHIBIT D

TOW TRUCK VEHICLE LIST

CATEGORY I – Class A Tow Truck(s)

Vehicle Identification

Number (VIN #) GVWR License

Number State of Issue Make Model Year

CATEGORY II - Class B Tow Truck(s)

Number (VIN #)

CATEGORY III - Class C Tow Truck(s)

Number (VIN #)

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EXHIBIT E

TOW TRUCK DRIVERS EMPLOYED BY CONTRACTOR

Security Checks for Contractor’s Employees The Contractor shall provide to the City of Ashland, a list of employees who will be performing work under this contract. All employees will be required to satisfactorily pass a City of Ashland background check prior to being assigned work under this contract. The City of Ashland shall determine the type of criminal background activity that would prohibit working under this contract. This will be based on the nature of the business and the level of security that is required. Work shall not be assigned to a new employee prior to satisfactorily passing a City of Ashland background check. The Contractor shall maintain and have available at all times, current listings as attached as EXHIBIT E and EXHIBIT F, of all employees performing work under this contract.

Please copy and attach additional pages if necessary.

(Current Drivers Residence Address Must Be Listed – Do Not Use Business Address)

Name – Last, First Middle Driver’s License Number License State

License Class

Street Address City State Zip

Date of Birth Certified operator?

Hire Date

Y N

Name – Last, First Middle Driver’s License Number License

State operator?

Hire Date

Y N

Name – Last, First Middle Driver’s License Number License

State operator?

Hire Date

Y N

Name – Last, First Middle Driver’s License Number License

State operator?

Hire Date

Y N

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EXHIBIT E

TOW TRUCK DRIVERS EMPLOYED BY A CONTRACTOR

operator?

Hire Date

Y N

Name – Last, First Middle Driver’s License Number License

State operator?

Hire Date

Y N

Name – Last, First Middle Driver’s License Number License

State operator?

Hire Date

Y N

Name – Last, First Middle Driver’s License Number License

State operator?

Hire Date

Y N

Name – Last, First Middle Driver’s License Number License

State operator?

Hire Date

Y N

Check here if additional pages are used to list drivers. ________

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EXHIBIT F

OTHER CONTRACTOR EMPLOYEES WHO HAVE CONTACT WITH CUSTOMERS

(Includes owners, clerical, office, yard/lot employees)

Security Checks for Contractor’s Employees The Contractor shall provide to the City of Ashland, a list of employees who will be performing work under this contract. All employees will be required to satisfactorily pass a City of Ashland background check prior to being assigned work under this contract. The City of Ashland shall determine the type of criminal background activity that would prohibit working under this contract. This will be based on the nature of the business and the level of security that is required. Work shall not be assigned to a new employee prior to satisfactorily passing a City of Ashland background check. The Contractor shall maintain and have available at all times, current listings as attached as EXHIBIT E and EXHIBIT F, of all employees performing work under this contract.

Please copy and attach additional pages if necessary.

(Current Employee Address Must Be Listed)

Name – Last, First Middle Driver’s License Number License

State

Date of Birth Position/Title

Check here if additional pages are used to list other employees. ________EMPLOYEE LIST

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EXHIBIT G

FACILITIES DESCRIPTION INFORMATION

BUSINESS/OFFICE FACILITY:

Physical Address:

Mailing Address (if different):

Describe business hours:

Describe facility:

Size of facility:

Number of rooms:

Describe customer waiting area and accommodations:

Describe customer parking lot area:

Describe signage:

INDOOR STORAGE FACILITY:

Describe facility as follows:

Locations(s):

Square footage: Type of flooring:

Lighting:

Access:

Describe the internal security controls and exterior security features, including any administrative search and inventory procedures, currently being used to secure the vehicles being stored at this storage facility, etc.:

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EXHIBIT G

FACILITIES DESCRIPTION INFORMATION

OUTDOOR STORAGE FACILITY:

Describe facility as follows:

Locations(s):

Square footage: Vehicle Capacity:

Lighting:

Groundcover:

Access:

Describe the internal security controls and exterior security features, including any administrative search and inventory procedures, currently being used to secure the vehicles being stored at this storage facility, etc.:

ADDITIONAL FACILITIES TO INCLUDE SECONDARY STORAGE AREAS:

Location(s):

Description:

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EXHIBIT H

PROPOSED FEE SCHEDULE

Fees may be proposed for one or more towing classes. Each line item must contain a fee or indicate no charge.

“Class A” tow vehicles are motor vehicles with a minimum manufactured gross vehicle weight rating of 10,000 lbs. These units may tow a single vehicle of legal size and weight and have a combined gross weight of 26,000 lbs. or less.

“Class B” tow vehicles are motor vehicles with a minimum gross vehicle weight rating of 17,000 lbs.

These units may tow a single vehicle or a combination of vehicles and have a combined gross weight of 80,000 lbs. or less, not including the tow vehicle.

“Class C” tow vehicles are motor vehicles with a minimum gross vehicle weight rating of 27,500 lbs.

These units may tow a single vehicle or a combination of vehicles and have a combined gross weight, inclusive of the tow vehicle, of 98,000 lbs. or less.

The proposed fees for service are as follows:

1. Class A Towing Service $ Per tow

2. Class B Towing Service $ Per tow

3. Class C Towing Service $ Per tow

4. Outside Storage (per 24-hour period) $ Per day

5. Inside Storage (per 24-hour period) $ Per day

6. Police Investigation secure inside storage $ Per day

7. Access to vehicle after 15 days (extended stay storage) $ Gate and/or access fee

8. Recovery (charged in 15-minute intervals) $ Per hour

9. Access to vehicle after hours $ Gate and/or access fee

10. Dolly and or flatbed fee $ Equipment fee

11. Mileage between scene within urban $ Per hour and/or mile growth boundary and tow facility

12. Mileage between scene outside urban $ Per mile growth boundary and tow facility

13. Mileage between scene and location, other $ Per hour and/or mile than tow facility, within the urban growth boundary

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EXHIBIT H

PROPOSED FEE SCHEDULE

14. Mileage between scene and location, $ Per mile other than tow facility, outside urban growth boundary

15. Standby time $ Per hour

16. Removal of drive line $ Flat fee

17. Additional driver charge $ Per hour

18. Flares $ Flat fee

19. Dispatch fee $ Flat fee

20. Re-tow fee $ Per tow

List any other charges, fees, or subcategories on a supplemental page.

Name Company Date

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Exhibit I

SCOPE OF SERVICES

PURPOSE

To further the Ashland Police Department’s (APD) interest in prompt, orderly, and professional removal of non-preference, impounded, and hazardous vehicles, the Ashland Police Department has established a non-preference tow rotation list. The rotation list does not favor any single tow business, nor is it a guarantee of business to the towing industry. Tow companies participating in the non-preference tow agreement understand that they will be called upon to conduct vehicle tows at the operational need of APD, as may be determined by the requesting APD Officer or CSO.

Towing companies are regulated by Oregon statutes and administrative regulations. Nothing in this agreement is intended or shall be construed to conflict with those laws or regulations.

Tow companies are expected to charge their normal and reasonable fees for their tow service. Current lists of each company’s normal and customary rates will be submitted to the APD Tow Program Manager upon signing the agreement and any changes to the company’s list of normal and customary rates will be submitted immediately upon their effective date. All tow companies will adhere to their submitted price lists. Failure to do so may result in suspension or revocation from the list.

Tow companies participating in the tow rotation must understand fully that when tows are requested by APD personnel, tow companies responding reflect also on the image of the Ashland Police Department.

Accordingly, APD expects all participating tow companies to adhere to the highest standards of professionalism. APD does not establish, recommend, or in any way dictate the methods used for safe vehicle removal.

Tow requests from APD may be routed through Emergency Communications of Southern Oregon (ECSO) or a tow dispatching agent. ECSO may utilize a tow dispatching agent to assist with providing tow dispatch and tow rotation management services.

APD will provide ECSO and/or the tow dispatching agent the list of contracted towing companies in compliance with the non-preference tow agreement. The tow requests are dispatched on a rotation basis to the contracted towing companies on the list. It is the intention of the parties that tow services be provided to the public in an efficient, timely and professional manner, and that the rotation system is carried out in a manner which is fair to the contracted towing companies. No fees are paid to APD or the City of Ashland.

Application for Towing and Storage Services, 3/14/2025, Page 16 of 20

SCOPE OF SERVICES

I. Tow drivers and vehicles must be licensed according to Oregon Revised Statutes and Department of Motor Vehicle Administrative Rules (ORS 822.200 through 822.235) (OAR 257-050-0200).

II. Tow company shall provide adequately trained and experienced tow vehicle operators during each call-out.

III. Tow company shall have tow vehicles equipped and maintained as set forth below:

a. Contractor shall possess a minimum of two (2) Class A tow vehicles, one (1) Class B tow vehicle, and one (1) Class C tow vehicle. Each vehicle must meet all of the requirements for its class required by OAR 257-050-0200 and OAR 734-076-0015(17).

b. “TW” license plate or appropriate temporary permits.

c. Company name and phone number prominently identified on each side of tow vehicle.

d. Approved warning lights.

e. At least one rear-facing work light capable of illuminating the area of the tow under darkened or foggy conditions.

f. Tow lights.

g. FCC licensed two-way radio (CB not acceptable) and/or cellular phone (for tow operators’ use only) to assist vehicle operator and/or passenger(s) to obtain transport from the impound scene when necessary, and to maintain communications with the dispatch service.

h. Ability to safely move and transport motorcycles.

i. Dollies, or the ability to effectively deal with partially immobilized or otherwise damaged vehicles – such as a flatbed tow unit.

j. 75 ft 3/8” cable minimum.

k. Dual rear wheels.

l. Equipment capable of providing minor repairs, including but not limited to, polarity protected starting equipment and tire changing equipment.

m. Flares.

n. One 10-pound or two 5-pound B&C rated fire extinguisher(s).

o. Broom.

p. Shovel.

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q. Debris container.

r. Reasonably clean vehicle interior and exterior.

s. Such other equipment required by state statute and Oregon Department of Motor Vehicle Administrative Rules.

IV. The tow company shall be available 24 hours a day, 7 days a week, 365 days a year.

V. Each company shall:

a. Have an established place of business. The place of business shall have an office area that is accessible to the public.

b. The tow company’s place of business shall provide a single point dispatch service which provides dispatch services 24 hours a day, 365 days a year.

c. Provide outside storage for total of 10 vehicles.

d. Provide inside storage for 2 vehicles.

e. Provide storage area which is adequately secure against unauthorized entry.

f. Permit only one towing business to be operated at any one business address.

VI. Each storage facility shall be posted with:

a. Company name.

b. Address.

c. Phone number.

d. Regular business hours.

e. Information for contact after regular business hours.

VII. Participating tow companies specifically also agree to the following terms:

a. To perform the requirements relating to tow companies listed above in this agreement.

b. To charge the Registered Owner or Title Holder at the tow company’s “normal and customary” rates. Tow companies shall, at all times, maintain a current list of its normal and customary rates with the Ashland Police Department.

c. To adhere to the Ashland Police Department’s Non-Preference Tow Rotation, it is understood that:

i. If ECSO or the tow dispatching agent cancels the tow prior to their arrival for no fault of

Application for Towing and Storage Services, 3/14/2025, Page 18 of 20 the tow company, the tow company will be eligible for the next tow request.

ii. If the tow company is unable to, or refuses to tow upon request, the tow company will not receive another tow request until the rotation returns to that company. Such inability or refusal to respond will result in a tow failure.

iii. Tow companies will respond to the scene for non-preference tow requests within 30 minutes, from the time of dispatch. If the tow company fails to respond within the 30-minute time frame, the request will be cancelled and another tow company dispatched.

The company will not receive another tow request until the rotation returns to that company.

iv. Tow companies will allow vehicle occupants or registered owners to remove non-attached work-related possessions prior to towing of the vehicle and make reasonable efforts to allow such removal at their storage facility.

v. Tow companies will provide transportation or assistance with obtaining transportation for vehicle operators and passengers, if requested.

vi. Tow companies will adhere to the re-inspection requirements as set forth in OAR 257- 050-0125.

vii. Tow companies will allow scheduled and unscheduled re-inspections of their facilities, trucks and equipment.

d. To release all towed vehicles with an APD “Impound Form” only with the prior written approval of the Ashland Police Department.

e. Grounds for suspension and revocation are as follows:

i. An owner or employee of the tow business that commits a Violation or Traffic Crime under Oregon Law while in the performance of their duties or employment – may result in suspension or revocation.

ii. The owner or employee of the tow business violating the specific terms of this agreement, resulting in events that endanger the safety of persons involved, unprofessional behavior or tow charges above those noted on the tow company’s submitted list of normal and customary rates as required by this agreement – may result in suspension or revocation.

iii. An owner or employee of the tow business that commits a crime, other than a traffic crime, that is chargeable as either misdemeanor or felony – whether in the course and operation of business – or in performance of duties of employment – may result in suspension or revocation.

iv. Refusal to respond to valid tow requests – may result in suspension or revocation.

v. Suspension or removal from the Jackson County Sheriff’s Department, Medford Police

Department or Oregon State Police tow lists. Upon notification from another agency of a

Application for Towing and Storage Services, 3/14/2025, Page 19 of 20 suspension or revocation, the APD Tow Program Manager will conduct an investigation into the circumstances that resulted into the action taken. If action by the tow company would also be a violation of this agreement and result in the same penalty, then the tow company will face the same suspension or revocation from the APD non-preference tow rotation list.

vi. Failure to allow scheduled or unscheduled inspections as required by OAR 257-050-

0125.

vii. Uncorrected defects uncovered during inspections of the tow companies, their vehicles or equipment.

viii. Continued unprofessional behavior going against standards of decorum displayed by any representative of the tow business.

ix. Behavior of any representative of the tow business which leads to safety concerns for the public or APD personnel as determined by APD.

f. The APD Tow Program Manager may suspend or remove a tow company from the tow rotation for violation of the terms of this agreement. The following suspension periods may apply:

i. Any first violation may be suspension from the tow rotation for a period of not less than 30 days;

ii. Any second violation committed within a one-year period of the first violations may be suspension from the tow rotation for a period of not less than six months.

iii. Any third violation committed within a three year period from the time of the first violation may result in revocation of this agreement.

g. The APD Tow Program Manager shall keep records of all violations and actions pursuant to this agreement in conjunction with any records kept and provided by ECSO or the approved tow dispatch company. Appeal of any action is first to the Operations Division Commander. Further appeals may be made to the Chief of Police.

h. Tow company must maintain records of towed vehicles for which the information will be made available upon the request of the Ashland Police Department Records Division, per ORS. At the minimum, this information will include:

i. Is the vehicle still on the lot?

ii. If not, what is the disposition of the vehicle?

1. Was the vehicle:

a. Released to the vehicle owner, another person, insurance company, etc?

b. Sold at lien sale?

c. Sold to auto crusher?

d. Sold at auction, etc.?

2. Specify name of person/company to whom the vehicle was released to, sold to, etc.

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3. On what date did this transaction take place?

i. APD recognize the possibility of unforeseen circumstances such as significant weather events, natural disaster, human caused events, etc., placing a burden on the tow businesses in the tow program which they cannot reasonably bear. APD reserves the right in these special circumstances to go beyond the tow rotation to meet the safety needs of the citizens of Ashland.

Preference will be given to tow businesses actively participating in the tow program prior to contacting companies not participating.

j. Tow companies specifically acknowledge and agree that position and membership on the non-preference tow rotation list is not a “property right” or any other tangible. Every effort will be made by APD and all participating tow companies to act in good faith as to the terms of this agreement, but in no event will APD endorse or tolerate conduct that reflects negatively on the image of APD – nor should the tow company expect APD employee conduct reflecting negatively upon them.

Agreement for Towing Services with the City of Ashland, Page 1 of 10

Agreement for Towing Services

THIS AGREEMENT FOR TOWING SERVICES (hereinafter referred to as the “Agreement) is entered into between the CITY OF ASHLAND, an Oregon Municipal Corporation, by and through the Ashland Police Department (hereinafter referred to as the “City”), and _________________________________________ a domestic corporation (hereinafter referred to as the “Contractor”).

RECITALS

WHEREAS, to further the Ashland Police Department’s (hereinafter “Department”) interest in prompt, orderly, and professional removal of non-preference, impounded, and hazardous vehicles, the Ashland Police Department has established a non-preference tow rotation list. The rotation list does not favor any single tow business, nor is it a guarantee of business to the towing industry. Tow companies participating in the non-preference tow agreement understand that they will be called upon to conduct vehicle tows at the operational need of APD, as may be determined by the requesting APD Officer or CSO (Community Service Officer).

WHEREAS, Tow companies participating in the tow rotation must understand fully that when tows are requested by APD personnel, tow companies responding reflect also on the image of the Ashland Police Department. Accordingly, APD expects all participating tow companies to adhere to the highest standards of professionalism.

WHEREAS, This Agreement serves to establish minimum standards of professionalism for Tow companies the City partners with and to provide transparency and a formal process by which Contractors can participate in the non-preferential rotation list.

AGREEMENT

NOW THEREFORE, CITY AND CONTRACTOR HEREBY AGREE AS FOLLOWS:

1. DEFINITIONS.

1.1. GATE FEE: The fee assessed for access to a vehicle, whether for release or retrieval of personal effects, on City holidays or outside the Contractor’s regular business hours.

1.2. GVWR: Gross Vehicle Weight Rating as specified by the manufacturer.

1.3. HOLIDAYS: The days of the year observed by the City as holidays: New Year’s Day, Martin

Luther King, Jr. Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day.

1.4. OAR: Oregon Administrative Rules.

1.5. ORS: Oregon Revised Statues.

1.6. OWNER: The person whose name a motor vehicle title is registered in, or the person who has the right to possession of the motor vehicle.

Agreement for Towing Services with the City of Ashland, Page 2 of 10

1.7. OWNER’S AGENT: A person authorized by a motor vehicle owner to have access to the motor vehicle.

1.8. PERSONAL EFFECTS: Property within a motor vehicle which is not bolted, fastened, snapped or otherwise attached to the vehicle.

1.9. RELEASE: A document issued by the City authorizing the Contractor to release the motor vehicle to the person named in the document.

1.10. TOW: To mechanically draw, pull, or haul by use of a tow truck.

1.11. TOW DISPATCH(ER): The company under contract with the City to provide central dispatching of towing services.

1.12. TOWING SERVICES: Services performed by the Contractor defined in this Agreement, including: towing, winching and recovery, dollying, disabling drivelines, securing unstable loads, clean up at accident scenes, moving cars at the storage facility, storage, and disposal of unclaimed motor vehicles, and the following types of tows:

1.12.1. CLASS A tow vehicles are motor vehicles with a minimum manufactured gross vehicle weight rating of 10,000 lbs. These units may tow a single vehicle of legal size and weight and have a combined gross weight of 26,000 lbs. or less.

1.12.2. CLASS B tow vehicles are motor vehicles with a minimum gross vehicle weight rating of 17,000 lbs. These units may tow a single vehicle or a combination of vehicles and have a combined gross weight of 80,000 lbs. or less, not including the tow vehicle.

1.12.3. CLASS C tow vehicles are motor vehicles with a minimum gross vehicle weight rating of 27,500 lbs. These units may tow a single vehicle or a combination of vehicles and have a combined gross weight, inclusive of the tow vehicle, of 98,000 lbs. or less.

1.12.4. NON-PREFERENCE TOW: A request for towing services without specifically naming a tow company either on or off a rotation list.

1.12.5. PREFERENCE TOW: A request for towing services specifically naming a tow company either on or off the rotation list.

1.13. VEHICLE DESCRIPTION: A description of a motor vehicle including, at a minimum, the license information, issuing state, make, model, year, color, body style, and vehicle identification number (VIN).

2. SCOPE OF SERVICES.

Contractor agrees to tow and store motor vehicles when requested to do so by the City or Tow Dispatch. Towing requests may include abandoned vehicle tows or impoundment tows. The Dispatcher will forward such requests to a Contractor that has a signed services agreement with the City. Additional scope of services details are included as “Exhibit I” of the application materials, incorporated herein by reference.

3. COMPENSATION. Contractor will not be paid for its services by the City; however, the Contractor may collect fees owed from one of the following: the owners of towed motor vehicles, the lien holders of towed motor vehicles, or another person on behalf of the owner or lien holder of the towed motor vehicle. Contractor will provide its services at the rates set forth in “Exhibit H” , of the application materials, which is attached to this Agreement and hereby incorporated by this reference.

4. TERM.

4.1 This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the “Effective Date”) and shall continue in full force and effect for a term of five (5) years unless sooner terminated as provided in Section 14 below.

5. CONTRACTOR MINIMUM SERVICE REQUIREMENTS.

Agreement for Towing Services with the City of Ashland, Page 3 of 10

5.1. LICENSES.

5.1.1. General Operations. Contractor shall possess a City business license and all commercial vehicle and operator licenses required under local, state and federal regulations, including but not limited to, the Oregon Department of Motor Vehicles, Public Utilities Commission, and Department of Transportation.

5.1.2. Sale & Disposal of Vehicles. Contractor shall meet all State of Oregon requirements and possess bonding necessary for the sale and/or disposal of any motor vehicles towed or otherwise in its possession pursuant to this Agreement.

5.2. TOW VEHICLES/EQUIPMENT. All tow vehicles shall comply with minimum local, state, and federal equipment standards for common carriers and tow trucks as specified in the Oregon Revised Statutes, Oregon Administrative Rules, Department of Motor Vehicle Laws, and all other applicable laws.

5.2.1. Vehicles Required. Contractor shall possess a minimum of two (2) Class A tow vehicles, one (1) Class B tow vehicle, and one (1) Class C tow vehicle. Each vehicle must meet all of the requirements for its class required by OAR 257-050-0200 and OAR 734-076-0015(17).

5.2.2. Safety Devices. All vehicles shall have all safety devices and equipment required by federal, state, and local laws and shall maintain such devices in good operating condition.

5.2.3. Additional Equipment. Shall include the following: (1) Emergency and tow lights, FCC licensed two-way radio in order to maintain communication with dispatch, (3) Flares, (4) Company name prominently identified on its vehicle, (5) at least one rear-facing work light capable of illuminating the area of the tow under darkened or foggy conditions, (6) one 10-pound or two 5-pound B&C rated fire extinguisher.

5.3. TOW OPERATORS. Contractor shall comply with all federal, state, and local laws and regulations and have the appropriate licenses and endorsements to operate tow trucks.

5.3.1. All persons conducting any and all business related to this Agreement shall be identified on a personnel roster submitted prior to signing this Agreement. Any changes to personnel shall be reported to the City by the 10th day of the month following the change.

5.3.2. In addition, Contractor shall be subject to criminal background investigation, and all employees who represent the business must be free of any convictions for any felony.

5.4. COMMUNICATIONS.

5.4.1. Contractor shall have a dispatch facility with equipment capable of two-way voice communication with Contractor’s tow trucks to dispatch tow services 24 hours a day, 365 days a year.

5.4.2. Contractor shall have a facsimile machine installed on a line dedicated to fax transmissions only, fully supplied and ready to receive and transmit at all times.

Facsimile machines shall be set to provide the sender’s identification.

5.5. RESPONSE TIME. Contractor shall respond to all tow requests dispatched to Contractor by the Tow Dispatcher within thirty (30) minutes of receiving the dispatch.

5.6. PLACE OF BUSINESS AND OPERATIONS.

5.6.1. Business Office.

5.6.1.1. The Contractor will preferably have an established place of business within the Ashland city limits.

5.6.1.2. The place of business shall have an office area that is accessible to the public without entering the storage facilities.

5.6.1.3. The business office shall be open for the purpose of inspection of business records and towing equipment from 8:00AM to 5:00PM excluding weekends and holidays.

5.6.1.4. The business office shall maintain records that contain the following information for at least three years for each tow: vehicle description; location from which

Agreement for Towing Services with the City of Ashland, Page 4 of 10 vehicle was towed; location vehicle was towed to; towing operator; reason for the tow; time and date of service including any storage dates; and an itemized list of all services and fees.

5.6.1.5. The Contractor shall have personnel available 24 hours a day, 365 days a year, who can be contacted to release impounded motor vehicles or property in motor vehicles. The contact number for personnel shall be posted and clearly visible whenever the business office is closed.

5.6.1.6. Exhibit G is hereby incorporated by reference. Contractor shall notify City within 30 days of a facility change, at which point it is within the City’s sole discretion whether to continue services.

5.6.2. Storage Facilities.

5.6.2.1. The storage facility shall be within ten (10) miles of the Ashland city limits.

5.6.2.2. The storage facilities shall be secured with a combination of closed buildings, fencing, and locks to protect against unauthorized entry in accordance with OAR 257-050-0140(16) -(17).

5.6.2.3. The storage facilities shall be under Contractor’s exclusive control and shall not be shared with other tow companies.

5.6.2.4. The storage facility shall comply with all zoning requirements of all applicable governments.

5.7. INSURANCE REQUIREMENTS.

5.7.1. Contractor shall at its own expense provide the following insurance:

5.7.1.1. Worker’s Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers’ compensation coverage for all their subject workers.

5.7.1.2. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence for bodily injury, death, and property damage. It shall include contractual liability coverage for the indemnity provided under this Agreement.

5.7.1.3. Automobile Liability insurance with a combined single limit, or the equivalent, of not less $2,000,000 (two million dollars) for each accident for Bodily Injury. Death, and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable.

5.7.1.4. Other insurance for garage keeper’s liability, insurance to protect against vehicle damage, and cargo insurance as required by OAR 257-050-0070.

5.7.1.5. Additional Insured/Endorsement. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor’s services to be provided under this Agreement. As evidence of the insurance coverages required by this Agreement, the Contractor shall furnish acceptable endorsements of such insurance prior to commencing any services under this Agreement. The certificate(s) will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City’s acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City.

The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance

6. TOW ROTATION.

6.1. Requests for towing services by Contractor for non-preference tows will be made from a rotational list. The list will be in alphabetical order of the tow companies’ names. Calls will be dispatched by Tow Dispatch to the next Contractor on the list with each successive call in the

Agreement for Towing Services with the City of Ashland, Page 5 of 10 order that calls are received. If a tow is canceled before the next Contractor on the list has been assigned a tow, then the Contractor that received the cancellation will get the next tow assigned, unless the list has proceeded to the next tow company. If the rotation list has proceeded to the next tow company, then the Contractor will not get another call until the list rotation has been completed. The full rotation will be observed in such cases in order to maintain the integrity of the list. The City may cancel the dispatch of a tow request for any reason deemed necessary in the City’s sole discretion up to the point that the Contractor hooks up the motor vehicle to be towed. Preference tow requests by the City are not included in this Agreement.

7. RESPONSE TIME.

7.1. Contractor shall inform Tow Dispatch whether it accepts an assignment within three (3) minutes of receiving a call. Contractor shall not accept an assignment unless it has the equipment available and is capable of responding and arriving within the required timeframes outlined in this Agreement. Contractor shall not accept a call and then later decline it, except for circumstances beyond the control of the Contractor.

7.2. Contractor shall respond to all tow requests dispatched to Contractor by the Tow Dispatcher within thirty (30) minutes of receiving the dispatch.

7.3. Lack of a timely response may result in the Contractor being canceled from the call and placed at the bottom of the rotation list. Repeated lack of timely response may result in termination of this Agreement.

8. DECLINING TOW REQUEST.

8.1. Contractor shall inform the Tow Desk, within three (3) minutes of receiving the dispatch, if Contractor is for any reason unable to respond to a tow request, or unable to respond within the required time, and must decline the tow request. Contractor shall inform the Tow Desk immediately if, upon arrival at the tow scene, any aspect of the towing situation prevents performance of the tow. Declining a tow request more than three minutes after the Contractor receives the dispatch shall be considered failure to respond.

8.2. If a Contractor declines a tow request, the rotation is advanced and the next available Contractor on the rotational list shall be dispatched.

8.3. If a Contractor is offered a request to tow multiple vehicles, but is unable to take all of the tows, the Contractor shall not have to decline the tow request as long as the Contractor is able to take at least one of the tows during the initial dispatch call.

9. STORAGE PRACTICES.

9.1. Contractor shall store all vehicles towed under this Agreement at its storage facility location designated as the primary storage location according to the Contractor’s written proposal and this Agreement.

9.2. Vehicles up to twenty (20) feet in length shall be considered to be one storage unit and shall be assessed the allowable rate for one (1) storage space. The determination of the length of a vehicle shall be limited to the actual area the vehicle and its load (if applicable) cover or project over.

9.3. Contractor shall exercise reasonable care to protect stored vehicles and the personal effects thereof from vandalism, theft or burglary. For purposes of this Agreement, reasonable care shall mean, at a minimum:

9.3.1. Store vehicles in the storage facility completely enclosed by a fence, or other enclosure, and keep all gates, doors and other openings secured at all times except during authorized entry into, or exit from, the storage facility.

9.3.2. When door keys are available, locking vehicle doors and keeping key(s) tagged and stored in an area protected from unauthorized access.

Agreement for Towing Services with the City of Ashland, Page 6 of 10

9.3.3. Close vehicle windows and sunroofs, using a tarp to protect a vehicle with broken windows or un-closeable sunroofs. No additional fee will be assessed by the Contractor for this service.

9.3.4. All persons who are not Contractor personnel will be escorted when they are inside the secured storage area.

10. RELEASE OR DISPOSITION OF A MOTOR VEHICLE.

10.1. Contractor shall provide the following information whenever an Owner or the Owner’s Agent inquiries about the release of a motor vehicle:

10.1.1. Whether the City must authorize release of the motor vehicle; and

10.1.2. Whether a Gate Fee is applicable and the amount of the fee; and

10.1.3. Any additional fees that may apply; and

10.1.4. The total amount due for the release of the motor vehicle.

10.2. Contractor shall only release motor vehicles to the registered Owner or the Owner’s Agent or a person that has legal right to the vehicle under Oregon law unless the City has placed a hold on the vehicle.

10.3. Contractor shall release stolen vehicles to the Owner or the Owner’s Agent upon payment of towing and storage charges without a release from the City unless the City has placed a hold on the vehicle.

10.4. If the motor vehicle was impounded for insurance purposes or due to a criminal hold, the Contractor shall not release a vehicle to the Owner or the Owner’s Agent without a written Release on City letterhead from a City representative. The City shall note on the Vehicle Inventory Form or during the tow that “release is required” or that there is a “hold” on the vehicle if a written Release from the City is required.

10.5. Contractor shall allow any person who shows proof of ownership or authorization to view the vehicle during normal business hours unless the vehicle was seized or stored as evidence by the Ashland Police Department.

10.6. Unless a hold is placed on a vehicle by the City, the Contractor shall allow retrieval of items of a personal emergency nature, such as eyeglasses, medication, clothing, identification, wallets, purses (and their contents), credit cards, check books, any known money-currency, and child safety car and booster seats, except as provided in ORS 819.110 and ORS 819.160.

10.6.1. Contractor shall not remove any parts, property or personal effects or any other thing from a motor vehicle, except as specifically permitted in this Agreement, or at the explicit request of the vehicle Owner or the Owner’s Agent.

10.7. Contractor shall assume sole responsibility for the theft of, disappearance of, or damage to a motor vehicle, its parts, or any personal effects within the vehicle, once the motor vehicle has been taken under tow. This provision does not include items removed from the motor vehicle and taken into custody by the City.

10.8. Contractor shall deliver any citations accompanying the motor vehicle when releasing a vehicle to the Owner or the Owner’s Agent.

10.9. Contractor shall provide a written notice of release to the City for any motor vehicle in which the Contractor forecloses a possessor’s lien, obtains a dismantling certificate, accepts title in lieu of payment, or files a DMV Form 271.

10.10. Contractor shall abide by all applicable state and local laws when selling or disposing of an unclaimed vehicle.

11. COMPLAINTS.

11.1. Contractor’s place of business and storage facility shall have posted in a prominent place a notice entitled "Complaints" setting forth the Contractor’s address and telephone number to which complaints should be directed, and a notice that a record of all complaints shall be open

Agreement for Towing Services with the City of Ashland, Page 7 of 10 to inspection and review by the City at any time upon its request.

11.2. Contractor shall provide the name, address and phone number of its insurance agent(s) and the insurance company that issued its policy to any person who requests such information.

11.3. Contractor shall maintain a written record of all complaints received by the Contractor regardless of whether the Complaint was submitted in writing or by telephone.

11.4. Contractor shall refer all complaints of unfair charges to the City.

11.5. Contractor shall provide the City with the name and telephone number of the person assigned to handle complaints on its behalf.

12. CONTRACTOR’S OBLIGATIONS AND DUTIES.

12.1. Contractor or its insurer shall give not less than thirty (30) days’ written notice to the City in the event of any cancellation, material change, reduction of limits, or intent not to renew the insurance coverage(s).

12.2. After arriving at the tow scene, the Contractor shall perform the tow, or determine the appropriate equipment necessary and summon it, as long as Contractor is authorized to perform the tow.

12.3. Contractor shall perform all work in a safe, courteous, and respectful manner.

12.3.1.1. Contractor shall not be verbally or physically offensive, abusive, disrespectful or discourteous to any customer, motorist, City employee or any other person.

12.3.1.2. Contractor shall not operate any vehicle or other equipment in performance of this

Agreement in a careless, reckless, or negligent manner.

12.4. Contractor shall be responsible for cleanup of an accident scene as provided by ORS

822.225. Contractor shall carry, and use when necessary, absorbent material, brooms, shovels and waste containers to clean the usual debris at accident scenes. Contractor shall train its employees in the proper use of these materials.

12.5. Contractor shall make the business office and storage facilities available for inspection by the City at any reasonable time during normal business hours.

12.6. Contractor shall not cause unnecessary damage to the persons or property of others while performing any service pursuant to this Agreement.

12.7. Contractor shall not make any false statements of material fact, or omit disclosure of material fact, in the performance of this Agreement.

13. DEFAULT.

13.1. Contractor agrees and recognizes that strict adherence to all terms and conditions of this Agreement, the rules and directives of the City and the laws of the City, State, and Federal Governments which are material to the performance of this Agreement, are in the public interest and of the utmost importance to the City, and that failure to abide by all rules, directives, laws and all terms and conditions of this Agreement may result in the City exercising its rights to terminate this Agreement or impose other remedies. Contractor shall be in default of this Agreement if Contractor:

13.1.1. Commits any material breach or default of any covenant, warranty, certification, duty or obligation it owes under this Agreement;

13.1.2. Loses any license, certificate or certification that is required to perform the duties required by this Agreement;

13.1.3. Institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under this Agreement; or

13.1.4. Attempts to assign any rights or delegate any duties included in this Agreement.

Agreement for Towing Services with the City of Ashland, Page 8 of 10

14. TERMINATION.

14.1. MUTUAL CONSENT. This Agreement may be terminated at any time by the mutual consent of both parties.

14.2. CITY CONVENIENCE. This Agreement may be terminated by the City upon not less than sixty (60) days’ prior written notice to Contractor for any reason.

14.3. DEFAULT OR BREACH.

14.3.1. Either City or Contractor may terminate this Agreement in the event of a breach of this Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. With the exception of 14.3.2, if the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice.

14.3.2. It is a breach if the owner or employee of the tow business commits a violation or traffic crime under Oregon Law while in the performance of their duties or employment.

14.3.3. Time is of the essence for Contractor’s performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach, may, at any time, terminate the whole or any part of this Agreement if Contractor fails to provide services called for hereunder according to the terms and within the times specified herein or in any extension thereof.

15. MISCELLANEOUS.

15.1. NON-EXCLUSIVE. This is a is a non-exclusive Agreement. The City’s intent is to utilize towing services based on a tow rotation list. The City may utilize towing services for special needs outside of this Agreement at its sole discretion. The City will make all efforts to utilize the services of Contractor consistent with the interests of public safety and timeliness.

15.2. NON-WAIVER. Waiver by either party of strict performance of any provision of this Agreement shall not waive or prejudice the party’s right to require strict performance of the same provision…