Washington County - CA08-0114 Towing Coordination Services WASHINGTON COUNTY SHERIFF ' S OFFICE
"Conservators of the Peace "
Sheriff Rob Gordon Undersheriff David Hepp
Gity °{S raa on
May 26, 2010 p60
City of Tigard
13125 SW Hall Blvd
Tigard, Oregon 97223
Attn: Craig Prosser
Mr. Prosser,
Enclosed please find your copy of the fully executed Intergovernmental Agreement
between the City of Tigard and Washington County for Towing Coordination Services.
Please feel free to contact me at 503 846-2530 should you have questions or need
additional information regarding the Agreement.
Sincerely,
Ki A Johnson
Business Services Manager
215 SW Adams Avenue, MS #32 • Hillsboro, OR 97123-3874
phone 503.846.2700 fax 503.846.2604 www.co.washington.or.us/sheriff
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INTERGOVERNMENTAL AGREEMENT
FOR TOWING COORDINATION SERVICES
This Agreement is entered into, by and between Washington County, a political subdivision of the State of
Oregon, and the City of Tigard,
WHEREAS ORS 190.010 authorizes the parties to enter into this Agreement for the performance of any or
all functions and activities that a party to the Agreement has authority to perform.
Now, therefore, the parties agree as follows:
1) The initial term of this Agreement shall commence upon the date of execution by City or upon
final signature, whichever is later. The term of the Agreement automatically renews for a one-
year term on July 1 of each year, unless notice of termination is given by one party to the other,
pursuant to paragraph 7 of this Agreement, before the term begins. Any such notice shall be
served on or before June 1 for the term beginning July 1.
2) The parties agree to the terms and conditions set forth in Attachment A, which is incorporated
herein, and describes the responsibilities of the parties, including compensation, if any.
3) Each party shall comply with all applicable federal, state and local laws; and rules and regulations on
non-discrimination in employment because of race, color, ancestry, national origin, religion, sex,
marital status, age, medical condition or handicap.
4) Each party is an independent contractor with regard to each other party(s) and agrees that the
performing party has no control over the work and the manner in which it is performed. No party is
an officer, agent or employee of any other.
5) No party or its employees is entitled to participate in a pension plan, insurance, bonus, or similar
benefits provided by any other party.
6) This Agreement may be terminated, with or without cause and at any time, by,a party by providing
30 days written notice of intent to the other party(s).
7) Modifications to this Agreement are valid only if made in writing and signed by all parties.
8) Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS
30.260 to 30.300, and the Oregon Constitution, each party agrees to hold harmless, defend, and
indemnify each other, including its officers, agents, and employees, against all claims, demands,
actions and suits (including all attorney fees and costs) arising from the indemnitor's performance
of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that
party. City specifically agrees, subject to the limits of the Tort Claims Act and the Oregon
Constitution, to indemnify and defend County for any claim, demand, action or suit arising from
any City policy, practice, procedure or custom, and any claim, demand, action or suit which alleges
that a tow ordered by a City officer was improper or without authority.
PAGE 1 OF 2 - INTERGOVERNMENTAL AGREEMENT cnncONTRAC VPJr ASTeacoPIES�HowzoNS\icA-11-9-98
9) Each party shall give the other immediate written notice of any action or suit filed or any claim
made against that party that may result in litigation in any way related to this Agreement.
10) Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282,
for the duration of this Agreement at levels necessary to protect against public body liability as
specified in ORS 30.270.
11) Each party agrees to comply with all local, state and federal ordinances, statutes, laws and
regulations that are applicable to the services provided under this Agreement.
12) This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article
XI, Section 10 of the Oregon Constitution, and is contingent upon funds being appropriated
therefore.
13) This writing is intended both as the final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement.
WHEREAS, all the aforementioned is hereby agreed upon by the parties and executed by the duly
authorized signatures below.
Jurisdiction
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Signature (� Date
CCCI% OaV�A�1�P-lf'
Printed Name `` Title
Address: LS --St-0A Q,�Jd fly c1ZZ2 3
WASHINGTON COUNTY:
Z�� ����
Signature Date
Rod Rice SE Deputy County Admin.
Printed Name Title
Address:
Mail Stop#
Hillsboro, OR
PAGE 2 OF 2 - INTERGOVERNMENTAL AGREEMENT Gm�coNTPACTFRM\MAsrescoPIeswoeizoNS�IGA-n-,-vw
ATTACHMENT A
Statement of Work/Schedule/Payment Terms
Washington County agrees to provide Tow Coordination Services to the City of Tigard
(hereinafter Contract Agency) for the duration of this contract. These services shall
consist of.
1) Providing a Tow Coordinator to oversee contracts with tow firms and
administer the Towing Proce u�Manual, including enforcement of
suspension and termination provisions.
2) Conducting background checks on all tow drivers and related tow employees
as required by the Towing Procedures Manual.
3) Complaint handling from citizens and other agencies
4) Conducting tow lot inspections and inspections of towing equipment
5) Define tow areas and administer rotational tow lists with contracted
dispatcher.
6) Maintain and administer contract with contracted dispatcher.
7) Providing periodic reports to contract agencies regarding number of tows,
average response times and other information as agreed.
In consideration of Washington County providing the above services, City agrees to
notify Washington County of any tow issues or complaints arising from a non-consensual
law enforcement tow, and to fully cooperate with County in investigating these
complaints. City also agrees to utilize towing policies and procedures which are
compatible with the Towing Procedures Manual and do not conflict with the provisions
of the Manual or the contract between Washington County and contract tow firms.
These services do not include, and City shall remain solely responsible for the following:
1) Conducting hearings under ORS 809.716 or other statutes on impoundment of
vehicles towed by City officers, and paying for any tows by City officers
which are found to be improper.
2) Providing any required notice of impoundment or towing, including but not
limited to notice under ORS 819.180, 809.720 or 809.725.
Washington County will maintain rotational tow lists for each area, but will not create or
administer a tow list for an individual agency.
WASHINGTON COUNTY SHERIFF ' S OFFICE
"Conservators of the Peace "
Sheriff Rob Gordon Undersheriff ®avid Hepp
V
April 18, 2008 g �0�
City of Tigard Q+a
,11
13125 SW Hall Blvd
T-- d, nreg
aron 97213
Attn.
Craig Prosser
Mr. Prosser,
Enclosed please find your copy of the fully executed Intergovernmental Agreement
between the City of Tigard and Washington County for Towing Coordination Services.
Please feel free to contact me at 503 846-2530 should you have questions or need
additional information regarding the Agreement.
Sincerely,
Kirby A Johnson
Business Services Manager
215 SW Adams Avenue, MS #32 • Hillsboro, OR 97123-3874
phone 503.846.2700 fax 503.846.2604 o www.co.washington.or.us/sheriff
0�? 011 L[
INTERGOVERNMENTAL AGREEMENT
FOR TOWING COORDINATION SERVICES
CONTRACT AMENDMENT
This amendment is made and entered into by and between, City of Tigard(Contractor")and
Washington County, a political subdivision of the State of Oregon("County").
This amendment modifies that certain contract between the parties,the original contract number
being CA 04-1280 and CA 07-0023.
The contract is amended as follows:
The Term is extended 12/31/07 to 12/31/08
Effective Date of Amendment: 12/31/07, or upon final signature,whichever is later.
All other terms and conditions of the original contract shall remain in full force and effect.
WASHINGTON COUNTY:
ce—
Signature Printed Name
Z- 7- e,7 Sr Deputy County Admin.
Date Title
CONTRAOR:
�lov
Signature Printed Name
/, /r l ` .0!
Date Title
Address
Telephone Number
Revised 4/9/07
Laurie varr4son-QUA contract amenament.aoc rage
I NTERGO VERNWNTAL AGREEMENT
FOR TOWING COORDINATION SERVICES
CONTRACT AMENDMENT
This amendment is made and entered into by and between Washington County,a political
subdivision of the State of Oregon and CITY OF TIGARD
This amendment modifies that certain contract between the parties,the original contract number
being CA 04-1280
The contract is amended as follows: The term is extended from 12/31/06 to 12/31/07
Removal of item 4 in its entirety:To the extent applicable,the provisions of ORS 279.312,
279.313,279.314,279.316,279.320 and 279.334 are incorporated by this reference as though fully
set forth
Effective Date of Amendment: December 31,200�i
All other terms and conditions of the original contract shall remain in full force and effect.
CITY OF TIGARD
Jurisdiction
710 L
Signature Date
CRAIG QPROSSER CITY MANAGER
Printed Name Title
Address: 13125 SW HALL BLVD. , TIGARD, OR 97223
WASHINGTON C LINTY:
JAN 12 X407
Signature Date
Dave Maertens Sr. Deputy County Admin.
Printed Name Title
Address: Mail Stop# Hillsboro,OR 97123
INTERGOVERNMENTAL AGREEMENT RECD D E C 012004
FOR TOWING COORDINATION SERVICES
This Agreement is entered into, by and between Washington County, a political subdivision of the State of
Oregon,and City of Tigard
WHEREAS ORS 190 010 authorizes the parties to enter into this Agreement for the performance of any or
all functions and activities that a party to the Agreement has authority to perform.
Now, therefore,the parties agree as follows-
1) The effective date is: January 1. 2005. or upon final signature,whichever is later.
The expiration date is. December 31.2006: unless otherwise amended.
2) The parties agree to the terms and conditions set forth in Attachment A,which is incorporated
herein, and describes the responsibilities of the parties,including compensation, if any.
3) Each party shall comply with all applicable federal,state and local laws; and rules and regulations on
non-discrimination in employment because of race, color,ancestry,national origin,religion, sex,
marital status,age,medical condition or handicap.
4) To the extent applicable,the provisions.of ORS 279.312,279.313,279.314, 279.316,279.320 and
279.334 are incorporated by this reference as though fully set forth.
5) Each party is an independent contractor with regard to each other party(s)and agrees that the
performing party has no control over the work and the manner in which it is performed. No party is
an officer,agent or employee of any other.
6) No party or its employees is entitled to participate in a pension plan,insurance,bonus,or similar
benefits provided by any other party.
7) This Agreement may be terminated,with or without cause and at any time,by a party by providing
30 days written notice of intent to the other party(s).
8) Modifications to this Agreement are valid only if made in writing and signed by all parties.
9) Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act,ORS
30.260 to 30.300, and the Oregon Constitution,each party agrees to hold harmless, defend,and
indemnify each other,including its officers, agents, and employees,against all claims,demands,
actions and suits(including all attorney fees and costs)arising from the indemnitor's performance
of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that
party. City specifically agrees,subject to the limits of the Tort Claims Act and the Oregon
Constitution, to indemnify and defend County for any claim,demand, action or suit arising from
any City policy,practice,procedure or custom,and any claim,demand, action or suit which alleges
that a tow ordered by a City officer was improper or without authority.
PAGE 1 OF 2 - INTERGOVERNMENTAL AGREEMENT Gm=NT crFwmmmcoMMMMNsvcn.,,.,.,,
r
10) Each party shall give the other immediate written notice of any action or suit filed or any claim
made against that party that may result in litigation in any way related to this Agreement
l 1) Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282,
for the duration of this Agreement at levels necessary to protect against public body liability as
specified in ORS 30.270.
12) Each party agrees to comply with all local, state and federal ordinances, statutes, laws and
regulations that are applicable to the services provided under this Agreement.
13) This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article
XI, Section 10 of the Oregon Constitution, and is contingent upon funds being appropriated
therefore
14) This writing is intended both as the final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement.
WHEREAS, all the aforementioned is hereby agreed upon by the parties and executed by the duly
authorized signatures below.
(yj-q a17-1lelv, d'd
Jurismion J
` Nooe M&-, t?3,200
Signat6re _ Date
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Printed Dame /,�,,/ Tuttle
Address: 131a � J LT �/lti'. i fgard. &0'? 7�73—
WASH T N LINTY:
Sie e` Date
Dave Maertens Sr. Deputy County Admin.
Printed Name Title
Address:
Mail Stop#
Hillsboro, OR
PAGE 2 OF 2 - INTERGOVERNMENTAL AGREEMENT am=mnucrrxhnNwrncoPws wxwNsxGmt-v-sa
ATTACHMENT A
Statement of Work/Schedule/Payment Terns
Washington County agrees to provide Tow Coordination Services to Tigard Police
Department_(hereinafter Contract Agency) for the duration of this contract. These
services shall consist of:
l) Providing a Tow Coordinator to oversee contracts with tow firms and
administer the Towing Procedures Manual, including enforcement of
suspension and termination provisions
2) Conducting background checks on all tow drivers and related tow employees
as required by the Towing Procedures Manual.
3) Complaint handling from citizens and other agencies
4), Conducting tow lot inspections and inspections of towing equipment
5) Define tow areas and administer rotational tow lists with contracted
dispatcher.
6) Maintain and administer contract with contracted dispatcher.
7) Providing periodic reports to contract agencies regarding number of tows,
average response times and other information as agreed.
In consideration of Washington County providing the above services, City agrees to
notify Washington County of any tow issues or complaints arising from a non-consensual
law enforcement tow, and to fully cooperate with County in investigating these
complaints. City also agrees to utilize towing policies and procedures which are
compatible with the Towing Procedures Manual and do not conflict with the provisions
of the Manual or the contract between Washington County and contract tow firms.
These services do not include, and City shall remain solely responsible for the following:
1) Conducting hearings under ORS 809.716 or other statutes on impoundment of
vehicles towed by City officers, and paying for any tows by City officers
which are found to be improper.
2) Providing any required notice of impoundment or towing, including but not
limited to notice under ORS 819.180, 809.720 or 809.725.
Washington County will maintain rotational tow lists for each area, but will not create or
administer a tow list for an individual agency.
Laurie Garrison- IGA contract arTridment.doc Page 1
Co"
INTERGOVERNMENTAL AGREEMENT
FOR TOWING COORDINATION SERVICES
CONTRACT AMENDMENT
This amendment is made and entered into by and between Washington County,a political
subdivision of the State of Oregon and CITY OF TIGARD
This amendment modifies that certain contract between the parties,the original contract number
being CA 04-1280
The contract is amended as follows: The term is extended from 12/31/06 to 12/31/07
Removal of item 4 in its entirety : To the extent applicable,the provisions of ORS 279.312,
279.313,279.314,279.316,279.320 and 279.334 are incorporated by this reference as though fully
set forth.
Effective Date of Amendment: December 31,200`6.
All other terms and conditions of the original contract shall remain in full force and effect.
CITY OF TIGARD
Jurisdiction
2
Signa Date
CRAIG PROSSER CITY MANAGER
Printed Name Title
Address: 13125 SW HALL BLVD. , TIGARD, OR 97223
WAS GTON COUNTY:
i
Signature Date
Dave Jaertens >( ID Uil [�oni4
Admin.
Printed Name Title
Address: Mail Stop# Hillsboro, OR 97123
exl'
elf
Laurie Garrison- IGA contract amendment.doc Page 1
A Ikopy
_.i
INTERGOVERNMENTAL AGREEMENT
FOR TOWING COORDINATION SERVICES
CONTRACT AMENDMENT
This amendment is made and entere&intoby and between Washington County,a political
subdivision of the State of Oregon and CITY OF TIGARD
This amendment modifies that certain contract between the parties,the original contract number
being CA 04-1280
The contract is amended as follows: The tern is extended from 12/31/06 to 12/31/07
Removal of item 4 in its entirety:To the extent applicable,the provisions of ORS 279.312,
279.313,279.314,279.316,279.320 and 279.334 are incorporated by this reference as though fully
set forth
Effective Date of Amendment: December 31,2005
All other terms and conditions of the original contract shall remain in full force and effect.
CITY OF TIGARD
Jurisdiction
1,L1,; 7/6 (,
Signature Date
CRAIG ROSSER CITY MANAGER
Printed Name Title
Address: 13125 SW HALL BLVD. , TIGARD, OR 97223
WASIHNGTON COUNTY:
Signature Date
Printed Name Title
Address: Mail Stop# Hillsboro,OR 97123
INCLUSION ON WASHINGTON COUNTY SHERIFF'S OFFICE
CONTRACTED TOW DISPATCHER CONTRACT
Please include our participation on your contract with Oregon Dispatch Service
for contracted tow dispatcher. We will:
xx Use your Towing Procedures manual
Provide a copy of our procedures manual to ODS
Person to contact at our agency (towing coordinator)
Name: LT. DARWIN DEVENY
Phone: 503-718-2569
E-mail: 11965@ci.tigard.or.us
Fax: 503-684-5654
Address: 13125 SW HALL BLVD. TIGARD, OR 97223
Record's contact
Name: LAURIE GARRISON
Phone: 503-718-2562 or 503-639-6168
Fax: 5.03-684-5654
E-mail: 20812@ci.tigard.or.us
Address: 13125 SW HALL BLVD. , TIGARD, OR 97223
12-12-02
Sign at t 1re Date
Printed name:
•
1 �
1
5NII R
I
Washington County
Sheriff's Office
July 2006
Prepared by: Assistant County Counsel Elmer Dickens,
Melaney Koch, Records Manager, and Tamara Markle, Tow Coordinator;
with the aid and advice of law enforcement and towing companies in Washington County
Table of Contents
SECTION I DEFINITIONS 1
SECTION II INTRODUCTION
,Purpose 6
SECTION III SPECIFICATIONS
Equipment and Tow Vehicles
Towing Equipment 7
Class A Tow Truck (Small) 9
Class B Tow Truck(Medium) 9
Class C Tow Truck (Large) 10
Condition of tow vehicles 10
Facilities
Dispatching Facilities 11
Storage Facilities 11
Business office facilities and operations 11
Personnel
Certification for Operators/Drivers 14
SECTION IV TOW ROSTER
Rotating Tow Roster
Initial Registration 15
Applications 16
Reporting Changes 17
Inspection 17
Registration/expiration dates 17
Registration renewal 17
Non-assignability 17
Changes to Application
Owner or Employee status changes 18
Equipment status changes 18
Tow Area Designation
Qualifications 18
Procedures 20
SECTION V OPERATIONS
Types of Tows
Rotation Tow 21
Police Tow 21
Dispatch
Procedures 22
Information provided to Tow Firms 22
Hazard Vehicle Tows 23
Disabled Motorist Tows 23
Abandoned Vehicle Tows 24
Sheriff's Re-tows 24
Gone on;Arrival 24
Response time report 24
Rotation Lists
Types of tow trucks and equipment needed—rotation lists 25
Tow Firm
Tow Firm responsibilities 25
Passing on a tow order 26
Property Inventory and Condition Report 26
Release procedures 27
Inspection and Retention of Records 29
SECTION VI FEES
Compensation to Contracted Dispatcher 31
Sheriff's Service Fee 31
Commensurate Rate, Payment, and Terms 31
LIST OF ATTACHMENTS 35
Approved'Invoice Form, with inventory section and important
rights information 36
Supplemental Inventory Form 37
Confidentiality Agreement 38
Complaint Handling Procedures 39
Complaint Form 40
Disposition Sheet for 24-Hour Abandoned Tow 41
Application to Tow Roster 42
Tow Services Contract 49
Towing Contract Terms and Conditions 57
Rates 60
Vehicle Release notification to Contracted Dispatcher 61
Vehicle Release Requirements 62
Tow District Map 63
I
I
I. DEFINITIONS
For the purposes of the Washington County Sheriffs Office Towing Policy (1401-R01) and this
incorporated Towing Procedures Manual, certain terms, phrases, words, abbreviations and their
derivations shall be construed as specified in the Towing Policy and this Towing Procedures Manual.
Words used in the singular include the plural and the plural the singular. Terms, phrases, words,
abbreviations and their derivatives used, but not specifically defined in this Towing Procedures
Manual, either shall have the meanings defined in the State of Oregon Motor Vehicle Code, or if not
therein defined, shall have the meanings commonly accepted in the community.
A. "Abandoned" or"Abandoned vehicle" -as defined by the Washington County
Sheriffs Office Policy, city-or county ordinance and Oregon State law.
B. "Administrative 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 Oregon State law. Also
called "Records Division Vehicle Release Form".
C. "Business Records" —Those records maintained by the contracted tow or recovery
business that relate to non-consensual tows.
D. "Commensurate Rates" - The rates established for that year by the Washington
County Sheriff in conjunction with the parameters outlined in the Towing Procedures
Manual.
E. "Contracted dispatcher" - The agency or business under contract with the
Washington County Sheriff to provide dispatching services to the private tow firms
approved for non-consensual towing services.
F. "Contract Law Enforcement Agency" means a law enforcement agency which has
contracted with Washington County to provide Towing Coordination Services, whether
by intergovernmental agreement or otherwise.
G. "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.
H. "Disabled Motorist" —The person entitled to possession of a vehicle that is in a
disabled state.
I. "Disabled Motorist Rotation" —Any Tow Firm that is in current, active approved
status to perform tows pursuant to the Tow Services Contract will also be placed onto a
rotation to provide tow services for disabled motorists.
J. "Dispatching facilities" - The facilities used by tow firms for maintaining radio contact
with tow vehicles.
K. "Drop Fee" -The fee assessed when a vehicle is released to the registered owner/
owner's agent, prior to completion of the hookup.
L. "Gate Fee" - Fee assessed for access to a vehicle, whether for release or retrieval of
personal effects, on holidays recognized by the State of Oregon, Saturdays and
Sundays, or before 8:00 am or after 6:00 p.m. Monday through Friday.
M. "Gone on Arrival (GOA)" When the vehicle requested to be towed has been moved
prior to the contracted Tow firm's arrival at the tow scene.
t
N. "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 ORS 819.120.
O. "Manual" - This Towing Procedures Manual, which is incorporated within the
Washington County Sheriffs Office,Towing Policy (1401-R01).
P. `"Mission Tow" -A large-scale police operation to stake out known locations of illegal
activity, arrest suspects and seize their vehicles.
Q. "Non-consensual Tow" —A tow in which law enforcement personnel have requested
the tow for police purposes, including Police tows, Mission tows, abandoned vehicle
tows, and other tows as discussed under"Tows, types" within this manual.
R. "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.
S. "Owner"-when referring to the owner of a vehicle as defined in Oregon Revised
Statutes (ORS) 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, for purposes of this Manual, shall be considered the person to
whom the vehicle is registered according to the State Motor Vehicle Division's records.
T. "Owner's agent" -A person with notarized written authorization by a vehicle owner to
have access to the vehicle.
U. "Permit" -The permit defined by Oregon State law regarding towing.
V. "Personal Effects" - Property within a vehicle that is not bolted, fastened, snapped
into place or otherwise attached to the vehicle.
W. "Police Hold" -Any tow or storage requested by a law enforcement agency for any
vehicle subject to seizure pursuant to legal process; 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.
X. "Policy" - The Tow Policy (1401-R01) as adopted by the Washington County Sheriff,
which incorporates this Towing Procedures Manual and any approved changes,
attachments, or amendments as part of the Tow Policy.
Y. "Qualified Driver" - A person registered as a tow truck driver employed by a Tow
Contractor and possessing and/or having completed the following:
1. Current valid operator's license issued by the state of residence, and
2. Sheriffs Office criminal background approval, and
3. Signed confidentiality agreement
Z. "Recovery Time" —Any time spent up-righting, winching, securing, and/or rotating a
vehicle in preparation of hooking up a vehicle to tow to a location. A vehicle that is
accessible by a tow truck backing up to directly and hooking up does not qualify as
being recovered. A vehicle that is located in a rposition; i.e. up a driveway or on a curb,
where the keys are in the vehicle, the vehicle is safe, and the tow truck driver is able to
drive the vehicle to a location where it can be hooked up, does not qualify as being
recovered.
2
AA. "Releases", types:
1. D: Dismantling Certificate.
2. DROP: Release of a vehicle when the owner/owner's agent returns to the tow
scene before the hookup is completed.
3. ELSEWHERE (ELSE): Delivery of a vehicle as a Private Non-Preference tow to
a location of the owner's or owner's agent's choice, other than the Tow firm's
storage yard.
4. LIEN: Release by means of asserting a possessory lien.
5. MOVE: Request for moving vehicles at an Agency facility.
6. PREF: Release of a Private Preference tow at the owner's/owner's agent's
choice of location.
7. RELEASE TO OWNER (RO): Release of a vehicle to the owner/owner's agent.
8. RE-TOW: Request for removal of a vehicle from a formal Police Hold storage at
law enforcement agency operated facilities to another location.
9. SERVICE: Providing road service to a law enforcement agency vehicle.
10. STOLEN: Stolen from the Tow firm's storage lot.
11. T: Title surrendered in lieu of payment of fees.
12. TBTH: Tow by the Hour.
BB. Response types:
1. "Expedited Tow Request" -A request by a law enforcement agency for a tow
of a vehicle constituting a Hazard as outlined in this Manual. The tow company
is to respond in the time frame outlined in this Manual. This type of request
does not authorize the tow company to violate any laws or operate emergency
lights while en route to or from a tow scene.
2. "Routine Tow Request" -A tow requested with no special instructions.
3. "Special Response Request" -A tow request requiring an escort by an
Agency Police vehicle.
CC. Rotations, types:
1. "Regular Rotation" - The system established by the Washington County Sheriff
for evenly allocating Class A Tow requests to Tow firms within each tow district
as outlined in this manual.
2. "Abandoned Vehicle Rotation" —The system established by a law
enforcement agency for evenly allocating abandoned vehicle tow requests to
tow firms within each tow district. Tow firms are not allowed to "pass" on these
tow requests.
3. "Special Rotations" -The systems established by law enforcement agencies
for allocating Tow Requests requiring,specialized equipment including Class B
and Class C tow trucks.
4. "Disabled Motorist Rotation" —Allows for the Washington County Sheriffs
Office or appropriate law enforcement agency to request a non-preference tow
to be dispatched at the request of a citizen.
3
DD. "Sheriff" - The Sheriff of Washington County and any law enforcement personnel,
other personnel under his authority or agent.
EE. "Standby Time"—Accumulation.begins after the tow truck arrives on scene and is
ordered by law enforcement personnel to wait to hook up a vehicle due to any need
requiring that the vehicle not be disturbed until law enforcement personnel complete a
task and release the vehicle to the tow truck driver.
FF. ."Storage facilities" - The area used by tow firms for storing towed vehicles.
GG. "Storage Services" - Services provided by a Tow firm, which include protection and
storage of a vehicle and its contents after towing at the request of a law enforcement
agency pursuant to this Manual. Such storage shall be in a secure facility, as defined
in this Manual. These services may also include covering a vehicle with a tarp in case
of 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.
HH. "Storing" -To hold a towed vehicle by a tow firm as defined above in "Storage
Services".
II. "Tow" -To mechanically draw, pull or haul a vehicle by use of a tow truck. A hook-up
is complete, and full towing fee is assessable, when the Tow firm 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.
JJ. "Tow Area or Tow District" -Any of the geographical areas of Washington County as
shown in Attachment 13, attached hereto and by this reference incorporated herein.
KK. "Tow By The Hour(TBTH)" -The term for assessment of an hourly fee for courtesy
towing.
LL. "Tow Coordinator" - Staff to the Washington County Sheriffs Office. 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 Washington County Sheriff.
MM. "Tow Firm" -Any qualified towing and/or recovery business which holds a current,
valid towing business certificate and has been placed on the "Regular Rotation" tow list
by the Washington County Sheriff pursuant to this Manual. A tow company, which is
party to this Manual, its agents and employees, including all principal parties, such as
its officers, directors, shareholders and managers. In regards to penalties imposed,
conditions, liabilities, and any other portion of this Manual deemed relevant, this shall
include any new corporation partnership, sole proprietorship or organization.of any kind
which includes a substantial portion of a former Tow firm's assets or personnel.
NN. "Tow Request" -A request for any of the services defined by this Manual.
00. "Tow Roster" or"Roster" - The list of qualified Tow firms for each tow area and
vehicle class produced by the Washington County Sheriff pursuant to this Towing
Procedures Manual.
PP. "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".
4
QQ. "Towed Mile" - The actual distance, measured.in miles, that a vehicle-is towed by a
tow vehicle.
RR. "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.
SS. "Towing Services" - Services,performed by Tow firms defined in this Manual,
including: all types of vehicle towing, winching and recovery, dollying, 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.
TT. "Tows", types:
1. Abandoned Vehicle: Any tow so designated by the Oregon Revised Statutes
and a law enforcement agencies abandoned vehicle program.
2. Class A: 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 Class
A tow truck.
3. Class B: A tow, or service request, of a vehicle exceeding 10,000 Gross Vehicle
Weight Rating (GVWR)which requires a Class B tow truck.
4. Class C: A tow, or service request, of a vehicle exceeding 20,000 GVWR that
requires a Class C tow truck.
5. Disabled Motorist Tow: A citizen requesting a vehicle that they are entitled to
possess to be towed due to its immobile state where the vehicle is not
constituting a hazard and the citizen will remain with the vehicle to advise the
tow company.
6. Police Tow: A vehicle towed by the direction of Law enforcement, such as
recovered stolen, pursuant to arrest, Oregon Revised Statutes Chapter 809
and/or 811, formal or temporary Police Hold, or otherwise designated as a
Police tow by a law enforcement agency. Not all Police tows will require written
releases by a law enforcement agency (see Attachment 11, Vehicle Release
Requirements).
7. Private Non-preference Tow: The towing of a vehicle in which the owner does
not express a preference for a particular Tow firm, and the tow is not at the
direction of law enforcement. These may be part of the disabled motorist tow
rotation.
8. Re-tow: Removal of a vehicle towed as a Police, Penalty, or Abandoned Vehicle
tow to or from a law enforcement-operated storage garage or any other location
at the direction of law enforcement.
UU. "Vehicle" shall be defined as in Oregon State Law and Washington County Code.
VV. "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(VIN.).
5
II. INTRODUCTION
PURPOSE
The purpose of this Tow.Procedures Manual is to implement the Tow Policy (1401-R01) as adopted
by the Washington County Sheriff. The Sheriff is responsible for coordinating and overseeing non-
consensual tows,requested by law enforcement in performance of their duties. This manual sets
forth-detailed requirements applicable to tow firms who contract to be voluntarily included in the
roster of tow companies available to do non-consensual tows. The Tow Policy and this Manual do
not apply to, or regulate, any aspect of tow operations by any tow company for tows other than non-
consensual tows by the Sheriffs Office and other law enforcement agencies; operating in agreement
with this manual. This manual does not create any property or liberty interest in towing services. The
Sheriff, at his/her sole discretion, may revoke or revise the Tow Policy or this Manual, terminate the
tow roster, or put out a Request for Bid to contract with one or more tow companies to provide all
necessary tows at any time.
6
III. SPECIFICATIONS
EQUIPMENT AND TOW VEHICLES
TOWING EQUIPMENT
Tow firms that are approved to be part of the towing rotation lists as outlined in this Manual shall
maintain towing equipment according to the following specifications. All equipment shall be
maintained in good working order and in accordance with this Manual and Oregon State and local
laws applicable to equipment used for towing and recovery operations. Tow equipment shall be
approved to perform work related to this Manual by a person appointed by the Washington County
Sheriff to perform such inspections and may only be used in the tow area that the equipment is
registered in based upon the initial application in relation to non-consensual tows. If tow equipment
needs to be transferred to another tow area, notification to and the approval of the Washington
County Sheriff's Office must occur prior to the equipment reassignment. Specialized Equipment,
including Class B and Class C tow trucks must be stored and ready to use within Washington
County. Class B and Class C rotations are not broken down by specific tow districts, they are county
wide rotations and the equipment must be stored within Washington County at an approved lot.
A. Towing equipment minimums for all tow vehicles. All tow vehicles shall be
equipped with all of the following:
1. Inspection sticker provided by the Washington County Sheriffs Office indicating
the vehicle has passed inspection, date of expiration, and identification number
for truck.
2. Permanent, non-magnetic labeling on each side door of the vehicle with the Tow
Firm's name, City, and State. Tow Firm's name shall be the most prominent
marking on the vehicle, in letters not less than three (3) inches high. City and
State shall be in letters not less than one (1) inch high.
3. A light mounted behind the cab of the tow truck, which is capable of illuminating
the area of the tow scene under dark, rainy, foggy and/or dangerous conditions.
4. A four-way emergency flashing system and at least one flashing amber light (or
other color permitted by Oregon State law), at least five (5) inches in diameter,
mounted high on the tow truck. These flashing lights may be used when
responding to a tow scene if so directed by law enforcement as outlined in this
Manual.
5. Thomas Guide Map, not more than two years old or an acceptable equivalent
map of the tow area.
6. Portable auxiliary brake lights, emergency flashers, turn signals, and taillights
with protective pads/covers on the bottom, for use on vehicles being towed.
Roll-beds are exempt unless towing a second vehicle.
7. A fire extinguisher with an Underwriter's Laboratory rating of at least 10B:C.
8. A broom, shovel, container for accident debris, 5 pounds of grease and fluid
absorbent material and any other equipment or materials necessary to clean up
an accident scene in accordance with'Oregon State and local law (ORS
7
822.225). The broom shall be at least twelve inches wide and have a handle at
least four feet long. The shovel shall be a flat scoop type with a minimum width
of seven inches and overall length of at least three feet.
9. Carry warning signs or signals as required by Oregon Law (ORS 822.220)
10. At least six (6)flares or other emergency reflective devices.
11. Have two or more wheel chocks.
12. Tires, adequate in size and rating for the size and weight of the tow truck, with
not less than 3/32nds inch of tread and mounted on rims secured with the
manufacturer's recommended number of lug nuts.
13. Two-way radio equipment or other forms of communication, capable of
communicating with the company dispatcher. The radio equipment will be
approved and licensed by the FCC in accordance with laws relating to tow
trucks. Citizen band radios are not acceptable.
14. A tow sling, wheel lift, car carrier or other comparable device made of a material
designed to protect vehicles and motorcycles while being towed.
15. One snatch block per cable or an equivalent.
16. One pinch bar or equivalent with a minimum diameter of three quarters of one
inch and not less than three feet in length.
17. At least 100 feet.of wire rope with a safe working load limit of at least 3,500 lbs.
as established by the American Society of Mechanical Engineers. All wire rope
or cable lengths shall be measured from the point of attachment on each drum.
Cables shall meet the following requirements:
a. Each cable or wire rope shall be capable of being fully extended from and
fully wound onto its drum.
b. Cables or wire ropes shall be free from the following defects or
conditions:
i. There shall be no more than six randomly distributed broken wires
in one rope lay, or more than three broken wires in one strand in
one rope lay.
ii. There shall be no evidence of any heat damage from any cause.
iii. There shall be no end attachments that are cracked, deformed,
worn or loosened.
iv. Where a wire rope is attached to a hook with clamps instead of
being swaged, a minimum of three clamps shall be used on end
attachments.. Clamps shall be spaced at least six rope diameters
apart and attached with the base or saddle of the clamp against
the longer or"live"end of the rope. The "U" bolt will.be placed
over the short or"dead" end of the rope and will be of the proper
size.
18. Tools necessary for completing the tow of a vehicle in accordance with this
contract.
19. An assortment of trailer ball hitches to fit most types of trailers.
8
B. Class A Tow Truck (Small)
This class identifies tow trucks that are capable of the towing and recovery of passenger cars,
unloaded pickup trucks up to % ton, small trailers or equivalent vehicles weighing less than
10,000 pounds.
Class A trucks may be wheel-lift, roll-bed or sling trucks. All equipment used in conjunction
with this class of tow truck must be compatible with the manufacturer's basic boom rating and
must comply with current Oregon State and local laws regarding tow trucks of this size.
In.addition to the equipment requirements for all trucks, all trucks in this class shall have:
1. At least ten thousand pounds manufacturer's gross vehicle weight rating.
2. A minimum of one hundred feet of 3/8 inch continuous length wire rope.
3. Six ton boom rating, dual or single boom with dual or single winches to control a
minimum of one service wire rope.
4. Dual tires on the rear axle or duplex type tires, also referred to as super single,
with a load rating that is comparable to dual tire rating.
5. One portable dolly, or an equivalent, for hauling vehicles that cannot be towed
the customary way. The equipment should protect the vehicle from incurring
any damage.
Roll-beds shall be considered Class A vehicles, regardless of GVWR and shall be equipped
as a Class A truck with the following exceptions:
1. Roll-beds shall have at least 35 feet of wire rope.
2. Roll-beds shall not be required to carry dollies.
3. Roll-beds may be approved for transport of more than one vehicle if equipped
with a wheel-lift and portable auxiliary brake lights, emergency flashers, turn
signals, and tail lights with protective pads/covers on the bottom, for use on
vehicles being towed. If the tow truck and vehicle.being towed exceed forty feet
in length, a light bar may be required in accordance with Federal Regulations
and Oregon State and local laws.
C. Class B Tow Truck (Medium)
Class B Tow Trucks are capable of the towing and recovery of medium size trucks, dual axle
pickup trucks, trailers, motor homes, or equivalent vehicles weighing at least 10,000 pounds.
This class of tow truck may be either wheel-lift or flat bed (Roll-bed, car carrier)trucks.
If the truck weighs more than 23,000 pounds GVWR, the truck is not required to carry dollies
when doing heavy towing. If the truck weighs more than 26,000 pounds, a PUC is required in
addition to the Tow license plate. Equipment that is required in addition to that required for all
tow trucks includes:
1. Seventeen thousand pounds minimum gross vehicle weight rating.
2. Ten-ton minimum hoist rating.
3. A minimum of 150 feet of seven-sixteenths inch wire rope. A minimum of 100
feet of this must be continuous.
9
4. Appropriate tools and equipment for removing a driveline.
D. Class C Tow Truck (Large)
Class C Tow Trucks are capable of the towing and recovery of large size trucks, trailers, .
motor homes, or equivalent vehicles weighing at least 20,000 pounds. This class of truck may
include wheel lift or roll back cable trucks.
Equipment that is required in addition to that required for all tow trucks includes the.following
list. Portable dollies are not required.
1. Forty-four thousand pounds minimum gross vehicle weight rating
2. Twenty-five ton minimum hoist rating
3. Minimum of 150 feet of cable, with a minimum of five-eighths inch diameter
4. Tandem rear axle truck chassis (three axle truck)
5. Air brakes and an air system capable of supplying air to the towed vehicle
6. Appropriate tools and equipment for removing a driveline.
E. Condition of tow vehicles:
1. Tow trucks used for non-consensual towing services will have passed all
necessary inspections.
2. Tow trucks will be maintained in good working condition and in accordance with
this Manual and all Oregon State and local laws applicable to the towing and
recovery of vehicles.
3. All tow trucks used in the performance of non-consensual towing will be
maintained at a level of general condition which includes:
a. Cab interior free of dirt and grease
b. Complete instrumentation
C. Complete interior panels
d. Clean and working passenger seatbelts
e. Exterior paint intact
f. Non smoking when transporting passengers in conjunction with towing
services
10
FACILITIES
DISPATCHING, STORAGE, AND BUSINESS OFFICE FACILITIES
A. Dispatching facilities. A tow firm shall have dispatching facilities with radio or equipment
capable of communicating with the Tow firm's tow vehicle(s) at all times, excluding when
the vehicle is in remote areas where communication is impossible. Dispatching facilities
shall be equipped with at least one telephone. A Tow firm's dispatching facility may be
located in two or more different locations, or may be contracted to another firm, provided:
1. Each location is equipped with required communication facilities or equipment;
2. At least one such location has a dispatcher on duty at all times; and,
3. The contracted or secondary dispatcher can reach the Tow firm's primary
dispatcher or other Tow firm official at all hours.
4. If a dispatcher is located in a private residence, he/she will have the ability to be on
more than one telephone line at a time; either through retaining more than one
telephone line or call waiting. If one telephone line is used as an internet
connection, either an additional line will be necessary or the,internet connection
telephone line will have the ability to also accept telephone calls at the same time
as the computer is connected to the internet. The Tow firm has discretion to
choose appropriate methods and equipment to ensure that the dispatcheris
available by telephone at all times.
5. Tow firm shall have a dispatcher on duty at the Tow firm's dispatching facility during
regular business hours, except state holidays and after 1200 hours on New Year's
Eve and Christmas Eve. At all other times, the Tow firm shall have a dispatcher on
duty, either at the Tow firm's dispatching facility or at another location specified in
the Statement of Qualifications as "Dispatcher's address.".
B. Storage facilities. The Tow firm will provide staffing and storage facilities that meet the
following minimum requirements within the towing district for which they have been
approved:
1. Have a structure or enclosure designed, constructed, furnished and maintained so
as to create a physical deterrence to unauthorized entry or unauthorized removal of
stored vehicles or their contents, giving special consideration to the security of high
value property and vehicles. All gates, doors and other openings into the storage
facility shall be equipped with locks and secured against unauthorized entry during
the times the tow firm's personnel are not present. Residential dwellings and other
businesses are prohibited within the secured perimeter of a storage lot. The
storage area cannot be shared with any other businesses, including non-towing
businesses not owned by the tow business owner(s).
2. The storage facility will include a secured outside storage lot for a minimum of
twenty cars.
3. The fence for the outside storage lot will be free of holes or weak spots which could
allow unauthorized entry, and will be at least 6 feet tall with barbed wire around the
top. The fence shall be in-ground and shall not be easily moved.
�t
4. A sign in bold letters not less than three inches high will be.posted in a location
clearly visible from the public-right-of-way. The sign will be easily readable from the
public-right-of-way and will provide the following information:
a. The tow or recovery business name
b. 24-hour telephone number
c. Regular business hours
d. Information regarding any special charges and conditions for release of vehicles
5. The storage facility must comply with all applicable City and/or County zoning
requirements, building codes and land use requirements.
6. Tow firm will initially store all vehicles towed on a non-consensual basis at the
storage facility location designated as the primary storage location for the tow area
or law enforcement agency for which the tow was requested.
7. A Tow firm, after a minimum of 72 hours, may move a stored vehicle to a
secondary storage lot that has been approved by the Washington County Sheriff
and is listed on the initial application. A secondary storage lot must abide by the
same requirements as a primary storage lot for size, security, cleanliness, sign
requirements, and vehicle release requirements.
8. If a vehicle has been removed to a secondary storage lot, the Tow firm will provide
transportation, for the person entitled to possession of the vehicle, to the secondary
storage lot after a vehicle release is obtained. In lieu of1ransportation, the Tow firm
may tow the vehicle to the primary storage facility, at no extra charge.
9. Maintain storage lots and buildings so they are free of debris, refuse, animal waste,
standing water and oil at all times.
10. If the Storage area is a Vehicle Release location, the.location will provide a safe,
accessible environment for the person entitled to possession of'a vehicle to obtain
said vehicle when it is being released. The front fagade of the business will be free
of disabled vehicles, parts and debris. Reasonable care will be taken to shield from
view from the front fagade of the business any stored or disabled vehicles contained
within the storage area. It will include a customer reception area that is clean, free
of debris, easily accessible, and has a well-lit counter space. This reception area
will comply with Oregon State and any applicable county or city laws regarding
public business areas. It is understood that the purpose for having a separate
Vehicle Release location is to allow the Tow firm to have a place on the rotation list
for the tow area in which it is located. The Vehicle Release Location must meet all
requirements for Storage areas.
11. Any Vehicle Release location will also fall under the provisions discussed under
"Release Procedures" in this manual for receiving payment, including the ability to
receive payment by credit card and debit card, and to make change. A minimum of
$50.00 cash in change is required at each vehicle release location.
C. Business office facilities and operations. A Tow firm shall have a business office out of
which to conduct business, maintain records, and serve the public. The office facilities and
operations will provide the following:
12
1. A sign with the following information in plain view of someone viewing the premises
24 hours a day.
a. The tow or recovery business name
b. 24-hour telephone number
c. Address of storage location if separate from business office
d. Regular business hours
e. Information regarding any special charges and conditions for release of vehicles
2. A person accessible by telephone 24 hours per day, seven days a week; and
during non-business hours, a person-available at the storage facility for the release
of a vehicle within an hour of notification that a vehicle is to be released.
3. Provide services that may also include covering a vehicle with a tarp in case of
inclement weather, inventorying personal effects, and removal of valuables for
safekeeping.
4. Exercise reasonable care to protect stored vehicles and the personale effects
thereof from vandalism, theft or burglary. Tow firm agrees to assume legal
responsibility,for the theft, disappearance, or damage of a vehicle, its parts or any
personal effects within the vehicle, once the vehicle has been taken undertow.
This does not include'items removed from the vehicle and taken into custody by law
enforcement personnel.
5. Maintain at least one telephone and two telephone lines or call waiting for receiving
tow requests or tow release requests by voice. Someone must be available to
answer calls at all times. Call forwarding from the regular phone number can be
used when the office is closed, but the phone to which it is transferred must also
have two lines or call waiting. The intent is to be accessible by phone at all times.
6. At least one telephone number will be answerable at the primary storage facility
during all regular business hours.
7. Maintain a working facsimile machine in good condition, which is fully supplied and
ready to receive and transmit at all times. Lack of ability to receive facsimiles does
not excuse the Tow firm from completing an abandoned vehicle tow order on a
timely basis. All information transmitted must be easily readable. Facsimile
machines will indicate the Tow firm's name and phone number as can be
programmed per the facsimile machine's operators' manual. Facsimile machines
are only required at the business office.
8. Maintain a customer reception area that is clean, free of debris, easily accessible,
and includes seating for at least one person and a well-lit counter space. If this
location is used to accept payments, then the office will have the ability to receive
payment by credit card and debit card, and make change as required in this
manual. The front fagade of the business will be free of disabled vehicles, parts
and debris. Reasonable care will be taken to shield from view from the front fagade
of the business any stored or disabled vehicles contained within the storage area.
9. Maintain reception area in.accordance with Oregon State and all applicable City or
County laws regarding public business areas.
13
i
PERSONNEL
Background Checks for Operators/Drivers/Employees and Owners:
The Washington County Sheriffs Office will conduct a criminal background check on all employees
involved in the execution of this Manual and individuals financially responsible for the Tow firm. The
criminal background check will be conducted based upon the current Washington County Sheriffs Office
policy for background checks by a background investigator chosen by the Washington County Sheriff.
The Tow firm will submit new employees' names, current addresses, dates of birth and operator's license
numbers within 72 hours of employment. Information may also be submitted prior to employment by a
Tow firm in an effort to address issues prior to hiring. Employees and owners will be considered having
passed the criminal background check unless the Washington County Sheriffs Office otherwise notifies
the Tow firm. In cases where an employee does not pass the criminal background check, the Tow firm
must inform the employee by the end of that day that they may no longer perform any work related to the
rotation list for the Washington County Sheriffs Office or any contract law enforcement agency adopting
this Manual. Consequently, if the Washington County Sheriffs Office does not have, on file, a signed
confidentiality agreement(Attachment 3)within 72 hours of an employee's hire date, the employee will
not be allowed to perform any work related to the rotation list. Tow companies may not share personnel
used in the performance of this contract without the written approval of the Sheriff.
Additionally for drivers, their DMV record for the three-year period before the date of their application will
-,show not more than:
Three (3) of any combination of infractions, serious traffic violations or motor vehicle accidents,
as defined in Oregon State law.
For tow truck drivers, the Washington County Sheriffs Office will be issuing photo identification cards
with a unique driver number assigned to each employee with this classification. While on scene any law
enforcement personnel may request to see this photo identification to verify that the tow truck driver has
been approved to perform work related to this contract. All approved tow truck drivers are to obtain a
photo identification card within 30 days of their hire date with a Tow firm. Until the photo identification is
obtained, law enforcement personnel may request on scene to see a drivers license issued by the
Department of Motor Vehicles as a way of identifying the tow truck driver. Additionally, approved tow
truck drivers will be issued a letter indicating their approved status as well as their identification number.
This letter will not be issued without a signed confidentiality agreement. If the driver or the Tow firm
terminates employment, it will be the Tow firm's responsibility to retain the photo identification that was
issued and return it to the Washington County Sheriff's Office within 48 hours. Failure to return the
identification within 48 hours will constitute a contract violation and the Washington County Sheriffs
Office will institute disciplinary action.
The Washington County Sheriffs Office reserves the right to charge a nominal fee for replacement cards.
If a tow truck driver is caught by law enforcement using someone else's Washington County photo
identification or Washington County identification number, that driver will no longer be approved to
perform duties related to this contract and all identifications will be confiscated by law enforcement.
Additionally; the Washington County Sheriffs Office will investigate the matter in relation to identity theft
in accordance with Oregon State and local laws. The Tow firm may also be subject to disciplinary action.
All other employees for Tow firms who will be performing services under this contract will be issued
unique identification numbers to be used while performing work related to this Tow Procedures Manual.
The Washington County Sheriffs Office Tow Coordinator will provide these numbers to a Tow firm
representative upon notification of employment.
14
IV. TOW ROSTER
INTRODUCTION
ROTATING TOW ROSTER
The Sheriff has established boundaries dividing Washington County into tow districts, and has
established a rotation of Tow firms within each district for the purpose of fairly allocating tow
requests. From time to time, the Washington County Sheriff may change the boundaries of the
dispatching tow districts, add additional tow districts, or change the rotation system.
Tow firms shall be dispatched on the tow request types for which they are authorized within the tow
district(s) in which they are approved to tow. The Washington County Sheriff, contract law
enforcement agency, or authorized personnel may cancel the dispatch of a tow request for any
reason deemed necessary by the Washington County Sheriff or contract law enforcement agency, to
include the cancellation of a Tow firm that responds to a scene without an approved tow truck
identified by a sticker on the tow truck windshield, or a tow truck driver that is not approved or not
carrying their Washington County Sheriffs Office issued photo identification.
If a law enforcement agency deems a vehicle tow is not required, but the vehicle owner or operator
wishes to have the vehicle towed, the owner or operator may select any Tow firm they choose. A
deputy may provide a list or request the next available Tow firm on the rotational list for non-
consensual tows if the motorist does not have a preference as a "disabled motorist tow".
Initial registration. No Tow firm shall participate in the Washington County Sheriffs Office non-
consensual towing program unless the Tow firm has applied and been approved by the Washington
County Sheriff. All Tow firms applying will go through an extensive approval process that will include
all items required in Attachment 7 (Application to Tow Roster), listed below, a complete inspection,
and written consent for a complete credit report. All information obtained will be used to determine
approval of a Tow firm by the Washington County Sheriff. It will be considered that a Tow firm that
submits an application to the Washington County Sheriffs Office consents and agrees to the
information that will be obtained as a result of the application including but not limited to a complete
credit check on the Tow firm and person(s) holding a financial interest in the Tow firm. Applications
for being placed on a rotational tow list will be accepted between September 1 and November 1 of
each year. Tow firms approved for one or more rotational tow lists will be added to the appropriate
tow list during the first day of January. In the normal course of business, applications will be
processed and approved to start towing at 0001 on January 1st, but new Tow firms may be added
throughout the first full week in January. The application time frame will apply to new Tow firms as
well as existing Tow firms that wish to be added to a new area. In the event the Sheriffs Office
determines that additional Tow firms are needed for an area outside the normal application process,
the Sheriffs Office will solicit Tow firms to apply through a public notice process.
If a Tow firm has been suspended or terminated from rotational towing for a specified period of time,
the Tow firm may apply during the application time period for the subsequent contract period. The
application will be held until the expiration of the suspension or termination. After processing the
application, if the Tow firm meets all requirements, they may enter a contract to provide non-
consensual tow services, and be added to applicable rotational towing lists outside of the normal
time frame as directed by the Washington County Sheriff.
15
A. Applications. The Tow firm shall submit to the Sheriff a completed Application to Tow
Roster (Attachment 7)which contains the information listed under"Tow Area
Designation" as well as the following:
1. The name, address and telephone number of the Tow firm, including any and all
dispatching locations, business offices and storage facilities with a designation
showing which storage facilities are used as vehicle release facilities, and which
are secondary storage lots;
2. A copy of the County's Hold Harmless statement signed by all owners;
3. Documentation proving that the Tow firm has a current state registration for
towing and has been in business for two (2) years;
4. Documentation proving that the Tow firm owns or has under exclusive control,
and available for use within the desired tow area, two tow vehicles and.two
drivers meeting the standards specified by this Manual. Documentation shall
include a minimum of the equipment license plate number, state of license,
vehicle identification number, vehicle year, vehicle make, and class of
equipment. For Class B and C equipment, the Tow firm must store the
equipment at an approved storage lot within Washington County. Multiple Tow
firms that are operating under the guidelines of this Manual may not share
equipment for the purpose of completing assigned tows unless otherwise
approved in writing by the Washington County Sheriff. Additionally, the tow
vehicles must meet the standards specified under both federal and state laws
related to such vehicles. The strictest standards will take precedent over the
other standards.
5. Proof of insurance pursuant to any state and federal regulations regarding the
tow or recovery of vehicles and the requirements set forth in this Manual.
6. A certificate of insurance for worker's compensation.
7. Sheriffs compliance statement stating the firm shall comply with the terms and
conditions of this Manual and signed by all owners of the firm.
8. Documentation proving ownership of the firm and written consent to have a
credit report conducted on the business as well as any person(s) holding
financial responsibility for the firm. If a person or group of persons owns a
substantial financial interest of more than 25 percent interest in two or more Tow
firms, not more than one rotation in any tow district shall be assigned.
9. Copies of confidentiality agreements signed by all employees involved in the
execution of this Manual and individuals financially responsible for a Tow firm
before commencing any work under this Manual or as defined in the "Personnel"
section above.
10. Personal information on employees and owners in order to conduct criminal
background checks and .
11. Any other information as the Washington County Sheriff may require.
16
B. Reporting changes. Changes in the above information must be filed with the Sheriff
prior to implementation of such changes, excluding those changes which are to be
reported as stated in the "Personnel" section above
C. Inspection. Tow equipment may inspected by the Washington.County Sheriffs
Office to determine compliance or non-compliance with,these rules and regulations at
any time so desired. Additionally, the Washington County Sheriffs Office will inspect
the Tow firm's dispatching facilities, business offices, storage facilities, and all tow
equipment prior to initial placement on the towing roster. Such inspections will be
conducted during normal business hours of the Washington County Sheriffs Office.
Written waivers for specific issues may be granted on a conditional basis if it is
determined that the Tow firm meets the intent of this procedures manual. No verbal
waiver of any requirement will be given nor recognized by the Washington County
Sheriffs Office.
If it is determined that the towing equipment, dispatching facilities, business offices and
storage facilities comply with the requirements of this Manual, the Washington County
Sheriffs Office may issue "inspection compliance" documents for such Tow firm. If it is
determined that the towing equipment, dispatching facilities, business offices and/or
storage facilities do not comply with the requirements of this Manual, the application
shall be denied. Applications that are denied will be kept on file at the Washington
County Sheriffs Office for 4 years. A statement of the requirements with which the
towing equipment, dispatching facilities, business offices and/or storage facilities fails
to comply will be mailed to the applicant. Denied applicants will be given a period of
two weeks to correct all items causing the denial of an application and be re-inspected.
If application is still denied, applicant must wait until the next application period, as
defined above in "Initial registration", to reapply. The Washington County Sheriffs
Office may inspect any towing equipment, dispatching facilities, business offices,
and/or storage facilities without prior notice during normal business hours. If location to
be inspected is not staffed or is classified as towing equipment, the Tow firm will have 2
hours to respond to location for inspection once notice of inspection is given.
D. Registration/expiration dates. Tow firm approval shall be valid for no more than two
years and expires on a biennial calendar year on December 31 at 2359 hours. The
Washington County Sheriff has the right to terminate a Tow firm from the rotational tow
list at any time as outlined in Attachment 8 of this Manual.
E. Registration renewal. Upon or before expiration of registration and between
September 1 and November 1, the owner or manager of a Tow firm may submit a new
application to the Washington County Sheriffs Office in an effort to renew their
registration to the rotating tow roster.
F. Non-assignability. A registration issued or renewed pursuant to the provisions of this
Manual shall not be assignable.
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CHANGES TO APPLICATION
Owner or Employee.status changes
The Tow firm and/or employees will inform the Sheriff within twenty-four (24) hours of knowledge of
the arrest, charge, conviction or sentencing of any owner, part-owner, partner, principal party, officer,
agent, employee or any other person associated with the Tow firm's performance of this Manual.
Criminal offenses that need to be reported include, but are not limited to theft, robbery, burglary,
assault, drugs, prostitution, weapons, fraud, forgery, and trafficking in stolen goods or any traffic
crime. Traffic crimes include, but are not limited to: driving under the influence of intoxicants, driving
while suspended, reckless driving, attempt to elude a police officer, leaving the scene of an injury
accident, hit and run, or any other offense related to the protection of the public interest.
The Washington County Sheriff may consider the arrest, charge, conviction or sentencing of any
owners in determining appropriate sanctions or remedies under this Manual, and may reject future
applications for towing based upon criminal history.
The Tow firm will also notify the Washington County Sheriff within 72 hours of any changes in
owners, employees, or any others who may affect performance of duties related to this Manual. All
information required in the initial application shall be provided for any new person(s).
Equipment status changes
Any new equipment will be registered within 10 days of purchase with the Washington County
Sheriff's Office tow coordinator. Documentation shall include a minimum of the equipment license
plate number, state of license, vehicle identification number, vehicle year, vehicle make, class of
equipment, and designated tow district for towing assignment.
The Tow firm will inform the Washington County Sheriffs Office tow coordinator within 72 hours of
any vehicle accident during the performance of this contract which is required by Oregon State law to
be reported. The Washington County Sheriff may consider the accident and any surrounding
circumstances, in reviewing future applications for towing, or in determining appropriate sanctions or
remedies under this Manual, and may deny future applications based on a Tow firm's accident
history.
TOW AREA DESIGNATION
Procedures for appointment to Biennial Tow Roster
Qualifications:
For each tow district that the Tow firm desiresappointment to the tow roster, the Tow firm will be in
good standing and will have separately for each business:
A. all the necessary current information on file with the Sheriffs Office,
B. passed the most recent inspections,
C. two approved tow trucks and at least one approved driver for each tow truck,
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D. sufficient number of approved staff assigned to work the area (this includes drivers and
office personnel), and
E. an approved storage lot and vehicle release facility with amenities for customers including
ability to pay charges by credit or debit card, make change, and an approved customer
waiting area,
F. a signed, current towing contract between the Tow firm and Washington County for non-
consensual tows.
Each towing company within a towing district must independently meet all Manual criteria.
In determining independence, the regulations used by Oregon State Police will be adopted. Those
include:
OREGON ADMINISTRATIVE RULES
257-050-0050 - Definitions:
(18)"Place of Business"—A building that the registered towing business occupies,
either continuously or at regular times, where towing business books and records are
kept and towing business is transacted in each assigned tow zone. Businesses
operating on the same business lot shall maintain individual and separate records,
storage facilities, and letters of appointment in order to be placed on the.Department's
non-preference tow rotational list. (This wording is used because in some areas of the
state, only certain locations are zoned for towing businesses and companies had to
lease part of their location to other companies for offices and storage. Normally
companies are not allowed at the same location.)
(26) "Vehicle Storage Area"—The approved yard or enclosed building where stored
vehicles are kept.
257-050-0070 -Application Requirements
(c) Each towing service is licensed as a separate legal entity with a separate place of
business and a separate storage area. Only one towing business may be operated at
any one place of business.
257-050-0130 - Place of Business Requirement and Business Hours
(a)The storage area will be under the exclusive access and control of the individual
towing business. The storage area cannot be shared with other businesses,
including non-towing businesses not owned by the tow business owner(s).
Our Interpretation
The goal of the Sheriffs Office is to have each Tow firm approved for towing under this contract be
completely independent of other approved Tow firms. Interpreting the above standards and normal
business practices results in the following requirements for independent business status:
(1) Each business will have a separate legal identity and be reported separately for tax
purposes.
(2) Each business will keep its own records and these will not be co-mingled with records from
any other business.
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(3) Each business will have its own assets. Assets will not be co-mingled with any other
business. Towing equipment will be used only by one business and be clearly marked
with the Tow firm's name. This assists with ensuring separate record-keeping and
accounting practices, and in handling any complaints.
(4) Each business will have,a separate'business location, which includes business office,
storage areas, office equipment, phone numbers, and other aspects of normal business
operations. Business locations will not be used by more than one towing company. The
storage area cannot be shared with any other business, towing or non-towing.
(5) Each business will have its own employees, and will not co-mingle tow truck drivers
between businesses, without the specific written approval of the Washington County
Sheriffs Office. This ensures that each company has the minimum number of required
drivers to adequately service an area.
In determining good standing, the Washington County Sheriffs Office will consider any complaints
against the Tow firm. At the Washington County Sheriffs discretion, a Tow firm may be refused
appointment to the rotational tow list based upon documented complaints. Placement on the tow
roster is considered a privilege.
Procedures:
To qualify for appointment to the rotational tow list, each Tow firm shall submit an updated
application (Attachment 7) which will include but not be limited to the following information during the
application period as defined within this contract on a biennial basis:
A. Listing of towing districts for which the Tow firm is applying;
B. Address of vehicle release facilities for each tow district, business offices, dispatching
facilities and secondary storage lots if applicable;
C. Towing equipment list to be used for each tow district. For Class.B and Class C
equipment, a list of all equipment to include the storage lot that the equipment is kept. List
should include the minimuminformation as required in the application section of this
manual; and
D. Names of staff and job title for each
In the event that the Tow firm has a rotation in more than one tow district, it is permissible to list all
trucks in each rotation type, and all personnel on one list as long as it is noted which tow district they
are assigned to.
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V. OPERATIONS
TYPES OF TOWS
ROTATION TOWS
The Washington County Sheriff will establish regular rotations, disabled motorist rotations, and
abandoned vehicle rotations for each tow,district. Special rotations will be created for dispatches
requiring Class B tow trucks and Class C tow trucks. A rotation list will also be created for
abandoned vehicle tows as well as disabled motorist tows. The Washington County Sheriff will
establish separate lists of eligible Tow firms to operate in rotation within each tow district in
Washington County.
In the interest of public safety and convenience, if a Tow firm arrives at the tow scene, not in the Tow
firm's rotational turn, and is so directed by law enforcement personnel, the Tow firm will tow the
vehicle to a safe area at no charge. The vehicle will be towed to the nearest safe area and the Tow
firm assigned through the rotational list will complete the tow.
POLICE TOW
The Washington County Sheriffs Office or a contract law enforcement agency may request the Tow
firm to tow a vehicle for various reasons, including:
- hazard vehicles
- recovery of a stolen vehicle
- no insurance
- driving while suspended or revoked
- driving under the influence of alcohol or drugs
- no operator's license
- illegally parked vehicles
- a formal or temporary Police Hold (HOLD-must designate type of hold i.e., evidence,
search warrant, etc.). These types of tows may be ordered as preference tows at the
discretion of the law enforcement personnel on scene.
- or any vehicle otherwise designated as a Police tow by the Sheriff
When designated by law enforcement personnel as a "Police Hold", police tows require an
Administrative Release form from the Washington County Sheriffs Office or contract law
enforcement agency before the vehicle;is to be released to the owner/owner's agent or insurance
firm. Tow firms do not need to obtain an Administrative Release form when placing a lien on a
vehicle that has not been retrieved. Recovered stolen vehicles require Administrative Releases,
although the customer will not be charged the Administrative fee. The Tow firm agrees to accept
return of all vehicles taken to a Washington County Sheriffs or contract law enforcement agency's
storage facility.
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Procedures for a Police Seizure for Investigation (formal Police Hold) are:
1. Upon direction from the Washington County Sheriff or contract law enforcement
agency, the Tow firm will tow vehicles to a designated tow lot or to a Washington
County Sheriff or contract law enforcement agency operated storage facility. When
ordered to take a vehicle to a Washington County Sheriff or contract law enforcement
agency's storage facility, the Tow firm will provide the lot attendant a completed invoice
of all fees owed up to that time. The Tow firm will keep one copy of the invoice for the
purpose of billing the Washington County Sheriffs Office or contract law enforcement
agency.
2. If a formal hold is applied after the vehicle arrives at the Tow firm's storage lot, the
vehicle will be placed in secure, inside, police hold storage until the Washington County
Sheriffs Office or contract law enforcement agency requests that the vehicle be re-
towed to a Washington County Sheriff or contract law enforcement-operated storage
facility or released.
3. The.Tow firm will refer all inquiries regarding vehicles held under formal police holds to
the Washington County Sheriffs Office or contract law enforcement agency Records
Division. The Tow firm will not provide any information about formal hold vehicles to
anyone except authorized law enforcement personnel unless specifically instructed to
do so by the Washington County Sheriff or contract law enforcement agency.
All holds, formal or informal, require:
1. The Tow firm will release towed vehicles only to persons authorized to take custody,
including but not limited to the owner, registered owner or authorized agent of the
owner.
2. The Tow firm will not release vehicles held under a Washington County Sheriff's or
contract law enforcement agency's hold without written authorization from the
Washington County Sheriff or contract law enforcement agency. In the event that a
vehicle is released without the proper written authorization, the Tow firm is responsible
for paying the Administrative Release fee to the Washington County Sheriffs Office or
contract law enforcement agency.
DISPATCH
DISPATCH PROCEDURES
The Sheriff will establish tow area boundaries, commonly referred to as tow districts, within
Washington County and provide a map (Attachment 13) illustrating those boundaries to the
contracted dispatcher and approved Tow firms. The Washington County Sheriff reserves the right, in
its sole discretion, to modify tow districts and procedures at any time.
The contracted dispatcher will dispatch the tow request to the Tow firm at the top of the rotation list
for that tow'district and the type of tow vehicle needed. Once dispatched for a tow, the Tow firm will
rotate to the bottom of the list unless the call is canceled or gone on arrival. If another tow has
already been dispatched to another Tow firm, the first Tow firm will receive two tow orders on their
next rotation.
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Information provided to Tow firms
Law Enforcement personnel will provide the contracted dispatcher with the following information,
which will be passed on to the dispatched Tow firm:
1. Location of vehicle to be towed including address, closest intersection, and side of
street
2. Type of tow vehicle needed — Class A, B, or C. The tow company will make the
decision for a wrecker vs. a flatbed based upon the conditions of the vehicle that are
provided to them.
3. Ample description of the vehicle to provide assistance to the tower in locating the
vehicle
4. Tow designation— Hazard, Disabled Motorist Tow, Abandoned Vehicle, Police
Impound (DWS/DWR, No Op, No Ins, DUII)
5. Any information regarding conditions or circumstances which might require special
assistance or special equipment
Under normal circumstances, law enforcement personnel will leave emergency lights on to assist the
tower in finding the correct location.
Types of Tows:
Hazard Vehicle Tows
Defined as a vehicle that is towed pursuant to ORS 819.120. If the vehicle owner is present, the
vehicle driver may request a preferred tower or the contracted dispatcher will dispatch the tow
request to the Tow firm at the top of the rotation list for that tow district and the type of tow vehicle
needed. In the case of a safety hazard or obstruction of traffic, if that Tow firm cannot arrive at the
scene within 25 minutes, the next Tow firm on the rotation list will be contacted. (35 minutes for
areas outside the Portland Metropolitan Urban Growth Boundary.) This procedure will continue until
a Tow firm that can respond within 25 minutes is dispatched to the scene. Once a tow request has
been dispatched to a Tow firm that Tow firm will be placed on the bottom of the rotation list
regardless of their acceptance or non-acceptance of the tow order.
For any vehicle towed as a Hazard or Abandoned that is appraised at less than $1000, the Tow firm
is required to dispose of the vehicle under ORS 819.160 and ORS 87.152.
Disabled Motorist Tows
If the owner prefers, and it is not a Hazard, the owner may call the Tow firm directly and make
arrangements including charges or they can request Law enforcement to order the tow for them. Law
enforcement personnel will be notified at the time, at the site of the towing, which company will be
towing the vehicle and the expected arrival time. If this is not acceptable, law enforcement personnel
may contact the contracted dispatcher to address the situation through the non-consensual rotational
procedure. Any tow ordered through the contracted dispatcher will include the contracted dispatcher
fees. Tow firm will respond to tow within one (1) hour. Law enforcement will not wait for the Tow
firm to arrive.
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Abandoned Vehicle Tows
The Tow firm needs to be at the scene within 24 hours. A Tow firm cannot pass on this type of tow.
Law enforcement personnel can elevate an abandoned vehicle tow to a Hazard Tow if
circumstances warrant. A"Disposition Sheet for 24-Hour Abandoned Tow", along with an appraisal
of the vehicle's value,.will be,prepared by the Washington County Sheriffs Office Civil Division or
appropriate contract law enforcement agency and faxed to the Tow firm receiving the tow order.
Once the vehicle is in the Tow firm's possession, the Tow firm shall call the Washington County
Sheriff's Office Record's Division or the appropriate contract law enforcement agency as required.
The "Disposition Sheet for 24-hour Abandoned Tow" will be faxed back to the Washington County
Sheriffs Office Records Division for Washington County Sheriffs Office tows within the same 24
hour period that the tow is required in (See Attachment 6). For tows ordered by contract law
enforcement agencies, the tow truck driver will comply with the requirements of those agencies.
For abandoned vehicle tows ordered by the Washington County Sheriffs Office that are appraised at
less than $500, the Tow firm is required to send the notification to the registered owner of the vehicle
as set forth in ORS 819.215(3) within 48 hours of vehicle tow. For vehicles appraised less than $500
in value, the tow company will be required to dispose of the vehicle as provided in ORS 819.215.
For any abandoned vehicle appraised at more than $500 but less than $1.000, or for any hazard
towed vehicle appraised at $1000 or less, theTowfirm is required dispose of the vehicle under ORS
819.160 and ORS 87.152.
Sheriff's Re-tows
On all re-tows to or from a Washington County Sheriffs storage facility or contract law enforcement
agency, Tow firm shall arrive at the tow scene within ninety(90) minutes from the time Tow firm
receives the dispatch. Tow firm will inform dispatcher of their estimated arrival time.
Other Requirements:
Gone on Arrival
If a requested vehicle is gone when the Tow firm arrives to perform a tow, the Tow firm will
immediately report this to the contracted dispatcher.
Response time report
The contracted dispatcher will provide the Washington County Sheriffs Office with a monthly report
on the timeliness of the Tow firms for rotational tows by tow vehicle class (type of tow truck needed)
and tow district. If a Tow firm is found to be excessively untimely in their response times, the
Washington County Sheriff may terminate the Tow firm from the rotational tow list or take lesser
action as he deems appropriate.
Excessively untimely is considered any amount greater than 15 percent late on scene arrival times,
calculated by dividing the total number of late on scene arrival times, over 25 minutes (35 minutes
outside the Urban Growth Boundary), by the total number of tows for a calendar month.
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ROTATION LISTS
Types of tow trucks and equipment needed — rotation lists:
All Tow firms shall provide towing services in response to Class A types and Abandoned Vehicles:
1. Class A: Towing or service requests for passenger vehicles or trucks or vans, up to 3/
ton size, unloaded. Dispatched from the Class A rotation.
2. Abandoned vehicle: Towing or service request for abandoned vehicles. These will be
Class A unless otherwise specified.
Tow firms choosing to maintain and store the necessary specialized equipment within Washington
County and an approved storage lot, shall respond to the following types of tow requests:
3. Class B: Towing or service requests of vehicles exceeding 10,000 Gross Vehicle
Weight Rating (GVWR). Dispatched from the Class B rotation.
4. Class C: Towing or service requests of vehicles exceeding 20,000 GVWR. Dispatched
from the Class C rotation.
Since the Class B and Class C rotations are county-wide rather than district assigned, the required
response time of 25 minutes (35 minutes outside urban growth boundary) does not apply. However,
the Washington County Sheriffs Office may address any Tow firm deemed to be continually and
excessively late in their response to these types of calls. Excessively late tows will be determined on
a case by case basis taking into account the travel distance for the responding tower as well as the
time of day that the tow was requested.
TOW FIRM
Tow firm responsibilities
The Tow firm will respond to each tow request, subject to availability of equipment and personnel. If
the Tow firm is not able to respond in a timely manner as defined in this Manual, they will inform the
contracted dispatcher as to the reason. Abandoned vehicle tow requests cannot be passed.
The Tow firm will provide the contracted dispatcher with the following information within '/2 hour of
tow completion regarding the tow dispatch:
1. Time arrived at the tow scene
2. Time leaving the scene
3. Complete vehicle information including color, make, model, year, vehicle identification
number and other information as required by the contracted dispatcher for complete
record keeping.
. 4. Tow truck number(last four digits of the license plate of the truck) and the Washington
County Sheriff's.Office assigned driver number.
After arrival at the tow scene, the Tow firm will perform the tow and/or render any necessary service
in a proper and expeditious manner and in accordance with this Manual and any directions of law
enforcement personnel. The Tow firm,will determine the appropriate type of equipment suitable for
the circumstances of the tow, as provided under this Manual.
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The Tow firm will be responsible for securing unsafe vehicles or loads if in danger of falling, spilling,
tipping or otherwise upsetting. The Tow firm will also clean up the scene. This includes removal of
all broken glass, or other injurious substances or fluids, dropped upon the highway from a wrecked
or damaged vehicle. There will be no additional fee for this service during the first 15 minutes at the
scene. After this fees can be charged'in '/4 hour increments. The Tow firm shall use up to 5 pounds
of absorbent material as needed to clean up an accident scene in accordance with Oregon State and
local law.
For the Washington County Sheriffs Office abandoned vehicle tows, the Tow firm will fax the
completed disposition sheet back to the Washington County Sheriffs Office Records Division. For
tows ordered by Contract Law Enforcement Agencies, the Tow firm will comply with requirements of
those agencies.
Passing on a tow order
Except for 24-hour abandoned vehicle tows, a Tow firm may decline a tow request due to not being
able to respond in the required period of time. All such passes will be recorded by the contracted
dispatcher and reported monthly to the Washington County Sheriffs Office. If the number of passes
are excessive, the Tow firm may be removed from the tow roster. Excessive passes will be defined
as any amount exceeding 15 percent of overall tows for a calendar month.
In the event that a Tow firm decides to pass on a tow order, the Tow firm will inform the contracted
dispatcher as to the reason for passing. The Tow firm will inform the contracted dispatcher, within
eight (8) minutes of receiving the dispatch, if for any reason they are unable to respond to a tow
request or respond within the required time. Passing on a tow request more than eight (8) minutes
after receiving the dispatch will be considered failure to respond and will be subject to penalties as
determined by the Washington County Sheriff.
The Tow firm will inform the contracted dispatcher immediately if, upon arrival at the tow scene, any
aspect of the towing situation prevents performance of the tow. The Tow firm will be placed back on
the top of the rotation list. This requirement may be changed, depending on the contracted
dispatcher's capabilities.
If a Tow firm is expecting to be out of service for more than a day due to illness, emergency, repairs,
or other reasons, the Tow firm will inform the contracted dispatcher as to the reason and length of
time needed to return to service. If these incidents become excessive, the Washington County
Sheriff may remove the Tow firm from the rotation.
Property Inventory and Condition Report
A vehicle property inventory and condition report will be prepared by the Tow firm on the tow invoice
or report form (Attachments 1 and 2)for every towed vehicle as soon as it is placed in the Tow firm's
storage facility. Inventory will include all personal effects visible inside of a towed vehicle and all
property contained in pickup beds, trailers, or roll-beds. Pursuant to WCC 9.16, the impounding law
enforcement personnel will inventory any vehicle that is impounded.
The Tow firm may remove personal effects from a vehicle and place them into a secured storage to
protect from theft or loss. Any personal effects removed will be tagged with the Tow Number and
vehicle license number and noted on the tow invoice inventory list.
All personal effects removed will be returned to the person entitled to possession at the time of
release of the vehicle, if not before.
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The Tow firm may remove a mechanical part, such as a battery or distributor rotor, from the vehicle
to prevent unauthorized removal of the vehicle. The Tow firm will document the removal on the tow
invoice inventory list. Any parts removed will be returned and reinstalled at the Tow firm's expense at
the time of release of the vehicle.
Unless the vehicle is subject to the Washington County Sherifrs instructions to the contrary:
1. Tow firm shall assist the person entitled to possession, if necessary, by retrieving
ownership documents or identification from a towed vehicle or accompanying the person
entitled to possession while he or she retrieves documents from a towed vehicle.
2. Tow firm shall allow the person(s) entitled to possession, with valid proof of ownership or
authorization, access to a towed vehicle for removal of personal effects for 15 days after
the completion of the tow pursuant to Oregon Revised Statutes (ORS) 819.160. Tow
firm shall provide this service without charge during normal business hours as defined in
this Manual.
3. Tow firm shall allow the person(s) entitled to possession, with valid proof of ownership or
authorization, access to a towed vehicle for the purposes of inspecting and/or
documenting its condition at anytime until the Tow firm forecloses ia possessory lien
under the rules of ORS Chapter 87. Tow firm shall provide such access during regular
business hours without charge.
Release Procedures
If a person(s) entitled to possession calls after regular business hours to arrange release of a vehicle
and it is necessary for the Tow firm to check for information and call back, the Tow firm will call the
person(s) entitled to possession back in no more than one hour. During regular business hours, the
Tow firm should provide the information immediately. If the information is not immediately available,
the Tow firm may call back with the information in no more than thirty (30) minutes.
During regular business hours, the Tow firm must respond to unmanned lots within one-half hour for
the release of a vehicle, vehicle property, or to allow access to the vehicle by the Washington County
Sheriffs Office or contract law enforcement agency.
At all times other than regular business hours, the Tow firm will have an attendant at the storage
facility within one hour of receiving notice that, either:
- The person(s) entitled to possession of a vehicle is at the storage facility and has requested
release of the vehicle; or,
- The person(s) entitled to possession of a vehicle shall be at the storage facility within one
hour to redeem the vehicle.
For the purposes of this Manual, a telephone request by a person(s)entitled to possession of a
vehicle will constitute notice of a release request.
If the Tow firm's agent is unavailable within one hour of the time a person(s) entitled to possession of
a vehicle has agreed to meet for the release of that vehicle, the Tow firm will forfeit any Gate Fee
and additional storage charges against the vehicle for that day.
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When releasing a vehicle outside of regular office hours, a Tow firm agent will wait at the storage
facility for a person(s) entitled to possession of the vehicle one-half hour after the appointed time for
the release. The Tow firm will,be readily available by telephone during this time in case the person(s)
entitled to possession of the vehicle needs further directions to locate the storage facility. If a citizen
sets up an appointment for after hours in which a gate fee would be applied and then does not show
up in the time allowed per this Manual,the Tow firm may add the gate fee to the bill. If the citizen
continues to miss-appointment times and the Tow firm has added two gate fees, the Tow firm may
refuse any more appointments outside of normal business hours.
The Tow firm shall require the person(s) entitled to possession of the vehicle to obtain an approved
Washington County Sheriffs Office Records Division Vehicle Release Form or appropriate contract
law enforcement agency release form before releasing any vehicle on which a formal or temporary
Police Hold has been placed, and for a Recovered Stolen vehicle. The Tow firm will ensure any
special conditions indicated on the form are met before releasing the vehicle. If the Tow firm
releases the vehicle without obtaining the approved Release Form, the Tow firm shall be responsible
for the release fees.
Upon releasing a vehicle that was towed for a parking violation, the Tow firm shall deliver the parking
citation to the person(s) entitled to possession of the vehicle.
The Tow firm shall issue a written receipt on a form approved by the Washington County Sheriff
(Attachment 1)for all payments for towing and storage, drop fees, road service or releases at the
scene. Tow firm shall ralso provide written notice (Attachment 5)to the person(s) entitled to
possession of the vehicle's right to file a complaint against the Tow firm. Consequently, if the
Washington County Sheriffs Office receives an excessive amount of valid complaints against a Tow
firm, the Washington County Sheriff will determine if a disciplinary action will be taken. The Tow firm
shall complete all information required on the Washington County Sheriffs Office approved tow
Invoice. All fees shall be itemized on such form.
The Tow firm shall accept the following forms of payment:
1. Cash
2. MasterCard and Visa credit cards
3. Debit cards
The Tow firm shall not assess any surcharge for payment by credit or debit card.
The Tow firm shall have correct change available at all times for cash payments.
At minimum, a Tow firm shall provide the following information whenever a person(s) entitled to
possession of the vehicle inquires about the release of a vehicle:
1. When a gate fee is applicable and the amount.
2. The additional fee that is applicable if the person(s)entitled to possession of the vehicle
arrives more than one (1) hour after the appointed release time.
3. All other applicable charges for towing and storage.
4. Acceptable methods of payment.
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5. That if release is requested, the attendant shall arrive at the storage facility within one
hour.
6. The forms of documentation required establishing proof of ownership of the vehicle.
Upon payment in full of all charges or other arrangements satisfactory to the Tow firm, Tow firm
shall, at its option:
1. Permit the person(s) entitled to possession of the vehicle to enter the premises to
retrieve the vehicle, or
2. Position the vehicle either on the Tow firm's property or off the property in a legal parking
place. If the person(s) entitled to possession of the vehicle requests that the vehicle be
placed on the public right-of-way, Tow firm shall notify the person(s)that the vehicle shall
be removed from the public right-of-way within 24 hours.
Tow firm shall, at no extra charge, make the vehicle available to the person(s) entitled to possession
of the vehicle for retrieval within one hour of the time of payment, or other time mutually agreed
upon.
INSPECTION AND RETENTION OF RECORDS
The Tow firm will retain all records relating to non-consensual towing, including but not limited to tow
invoice copies, police releases, lien records (lien letter and proof of certified or registered mailing, as
required by Oregon State and local laws), vehicle release records, and inventory and condition
reports for inspection, audit and copying for three (3) years.
Within 24 hours of the Washington County Sheriffs Office request, excluding weekends.and
holidays, the Tow firm will make available any records regarding its work under this Manual and
accompanying procedure for inspection, audit or copying by the Washington County Sheriffs Office,
or its authorized representative.
The Tow firm will retain all equipment and facilities inspection records for three years.
When the Washington County Sheriffs Office or contract law enforcement agency requests
information regarding any tow performed on a non-consensual basis, the Tow firm will provide
complete and accurate information within 24 hours of the Washington County Sheriffs Office or
contract law enforcement agency request, excluding weekends and holidays.
The Tow firm will maintain insurance pursuant to Oregon State laws regarding tow businesses.
The Tow firm will maintain the following records for non-consensual tows at their business office for a
minimum of three years for each towed vehicle:
1. Description including vehicle identification number and license plate.
2. Owner of vehicle if known
3. - Location and address if known from which the vehicle was towed
4. Location and address to which the vehicle was towed
5. Agency authorizing tow
6. Reason for vehicle tow
29
7. A copy of the vehicle release form
8. Legible copy of invoice. Each invoice will have the following information displayed
clearly:
a. Tow Number
b. Date and time of Tow, as dispatched by the contracted dispatcher (For
Abandoned vehicle tows, the date of the tow request is sufficient).
C. Tow truck arrival on scene time
d. Vehicle information, to include year, make, license or full VIN number
e. Requested by
f. Released To Name
g. Released To Address
h. Released To Phone
I. Type of tow
j. Washington County issued Truck identification number
k. Washington County issued Tow truck drivers.ID number
I. Hold Information (if applicable)
M. Dollies used'to include a notation of why they were necessary
n. Release date
o. Release time
p. Amount of bill with itemization for each charge. Charges must be listed on
separate line items. If preprinted form does not allow for line item pricing, a
pricing breakdown list must be written on the invoice in the remarks field.
q. Statement telling customer to contact the Washington County Sheriffs Office
about any complaints, with Sheriffs Office address and phone number
r. Legible record of payment indicating payment method
9. If a vehicle towed pursuant to this contract is not released and the tow firm forecloses on
its lien or accepts a title in lieu of foreclosing on the lien, all records related to the
transfer, including all lien records and records related to any foreclosure must be
maintained.
In order to fulfill requirements regarding notifying the contracted dispatcher with vehicle
information, it is required that the tow completion information be phoned into the contracted
dispatcher within 30 minutes of tow completion. ,
Tow firm.shall notify the contracted dispatcher by facsimile transmission, using a form approved by
the Washington County Sheriff(attachment 11), daily of all vehicles released and'the method of
release. This includes notification to the contracted dispatcher when foreclosing on a possessory
lien, accepting a vehicle title in lieu of fees, or obtaining a dismantling certificate.
Tow firm shall review the daily reports, faxed by the contracted dispatcher, for any discrepancies.
Notification is to be made immediately to the contracted dispatcher of any discrepancies noted.
30
VI. FEES
COMPENSATION TO CONTRACTED DISPATCHER
For each vehicle moved or towed, or Drop fee or tow fee collected from the tow scene of a
dispatched call, the Tow firm will pay the contracted dispatcher at the rate established by the
Washington County Sheriff within ten (10) days of billing by the contracted dispatcher. A Tow firm
may be suspended from the rotation list if payment is not received within 30 days of the postmark
date of the contracted dispatcher's invoice. Such suspension will be for a minimum of two weeks or
until payment is received, whichever is longer. The contracted dispatcher may charge a 9% annual
interest for any payment past due.
No later than the fifth day of each month, the contracted dispatcher will send each Tow firm an
invoice for any dispatch fees applicable for vehicles dispatched in the previous month. Included with
the invoice will be a report listing all these vehicles. Anytime this mailing is not sent by the 5th of the
month, the Tow firm's due date for payment of fees will be adjusted to 10 days following the
postmarked date of the invoice.
The Washington County Sheriffs Office or contract law enforcement agency will pay dispatch fees
on all tows for which the Washington County Sheriffs Office or contract law enforcement agency is
financially responsible. No law enforcement agency shall be considered a guarantor of payment for
any other law enforcement agency.
SHERIFF'S SERVICE FEE
The Washington County Sheriffs Office, in its sole discretion, may impose a Service Fee to
compensate for the additional work entailed in coordinating towing services. The Washington County
Sheriff's Office Service Fee will not apply to tow charges paid by the Washington County Sheriff, or
upon the direction of the Circuit Court.
COMMENSURATE RATE, PAYMENT, AND TERMS
The commensurate rate will be effective for each contract term and will be based on the following:
1. The rate, as established by the Washington County Sheriff. Rates for any
subcontracting work allowed under the Manual will be limited to a 40% mark-up.
2. All mileage charges will be calculated by towed mile for non-consensual tows. Mileage
will be charged for actual miles the vehicle was towed. Consensual tows that are
ordered by law enforcement to assist vehicle drivers will be charged according to the
disabled motorist rotation, plus the dispatch fee, since the contracted dispatcher was
used to dispatch the call.
3. All roll-bed tows, four-wheel drive tow trucks, and requests for service requiring a
motorcycle trailer will be assessed at Class A rates. Roll-beds are to be charged at
Class A rates; regardless of GVWR unless the tow is dispatched as a Class B tow and
the tow truck is inspected and approved as a Class B truck.
4. Standby or recovery time at a tow scene will be charged in% hour increments.
5. Standby Time begins when the tow truck arrives at the tow scene and ends when law
enforcement releases the vehicle for tow. Recovery Time begins when the tow truck
31
arrives at the tow scene and ends when tow is fully hooked up. Beginning and ending
times will be written on the receipt.
6. The commensurate rate may be recalculated at other times for a reason such as a
significant increase in fuel prices or other events that significantly increase the cost of a
tow. Other than a recalculation for a fuel surcharge, any consideration for an increase
in fees must be requested by at least one-half of the total'approved tow firms before it
will be calculated and authorized. A fuel surcharge shall be listed as a separate line
item on each invoice in the amount authorized and approved by the Washington
County Sheriff.
7. The dispatch fee, and any Washington County Sheriff's Office Service fee, will be listed
and identified separately on the tow invoice and will not be more than the actual fee
charged to the Tow firm, unless specified by the Washington County Sheriffs Office.
8. Towing and storage charges for privately owned vehicles will be the responsibility of
the person(s) entitled to possession of the vehicle unless the vehicle is towed to a city
or county-controlled facility at the request of the Washington County Sheriffs Office or
contract law enforcement agency. The Washington County Sheriffs Office or contract
law enforcement agency will not act as a guarantor or security for any private person(s)
or business, nor assure payment by any private person(s) or business.
9. Tow firm may be required to provide documentation of necessity in support of an
assessment for an extra person or extra truck if so'requested by the Washington
County Sheriffs Office or contract law enforcement agency.
10. Time and date of any after-hours access will be noted on the tow invoice to verify
assessment of gate fees. Gate fees will be limited to after 6:00 p.m. but before 8:00
a.m. Monday— Friday, and all hours on weekends and holidays recognized by the
State of Oregon.
11. Unless instructed otherwise by law enforcement personnel; a Tow firm that has
attached equipment for the purpose of towing may require payment of a Drop Fee plus
Dispatch Fee before releasing the vehicle to the person(s) entitled to possession of the
vehicle. If Law Enforcement orders a Tow firm to drop the vehicle without payment
from the person(s) entitled to possession of the vehicle, the Washington County
Sheriffs Office or contract law enforcement agency will be responsible for the drop fee
and dispatch fee.
12. If the person(s) entitled to possession of the vehicle returns to the vehicle after
attachment of tow equipment, but before the tow truck is in motion, the tow operator will
inform the person(s) of their right to have the vehicle released upon payment of the
Drop Fee and Dispatch Fee.
13. If the tow truck is in motion with the vehicle in tow, the tow firm may assess the full tow
fee including the dispatch fee before releasing the vehicle to the person(s) entitled to
possession of the vehicle unless instructed otherwise by law enforcement personnel. If
Law Enforcement orders the tow truck to drop the vehicle without payment from the
customer, the appropriate law enforcement agency will be responsible for the tow fee
and dispatch fee.
14. If the person(s) entitled to possession of the vehicle returns to the vehicle when the tow
truck is in motion, the tow operator will inform the person(s) of their right to have the
vehicle released upon payment of the Tow Fee and Dispatch fee.
32
15. After a vehicle has been in storage for seven (7)days, the Tow firm may recoup
reasonable lien-filing expenses actually incurred. No tow firm shall charge nor attempt
to charge for lien-filing expenses, whether actually.incurred or not, fora vehicle stored
less than seven (7) days.
16. Tow firm will provide documentation in the form of receipts or lien service billing upon
request from the person(s) entitled to possession of the vehicle or the Washington
County Sheriffs Office or contract law enforcement agency.
17. In any case, no more than 60 days of storage will be charged.
18. The area for which the storage fee is assessed will be limited to the actual area that the
vehicle and its load (if applicable) cover or project over. The Tow firm will document on
the tow invoice the actual size of any vehicle for which more than one storage unit fee
per day is assessed.
19. For the purpose of determining storage charges, a calendar day basis will be used,
beginning when the tow is called in to the contracted dispatcher as complete. On
storage fees that cover more than one day, the first day assessed fees must have at
least 4 hours of storage.
20. Inside storage MUST be requested by law enforcement BEFORE the inside storage
rate may be charged to the citizen, unless the vehicle owner makes a written request
that the vehicle be stored inside.
21. Time and date of release will be recorded on the tow invoices of all vehicles released.
22. When a Tow firm is asked to tow multiple vehicles as a unit (for example, a boat trailer
carrying a boat), the tow is billed as a single fee, and should be assigned a single tow
number. If for some reason they are assigned multiple tow numbers they will be
charged and redeemed as one unit. If the vehicles to be towed are attached but are
larger vehicles (for example, a car pulling a large trailer) then the tow firm will decide
how to tow the vehicles. In these cases separate tows may be billed separate fees.
The invoices will indicate the reason for separation of the vehicles.
23. In the event that circumstances require the Tow firm to use specialized equipment not
addressed by this Manual in the performance of a tow or recovery, the Tow firm may
charge a reasonable additional amount, consistent with industry rates and standards
for the equipment. The Washington County Sheriffs Office or contract law
enforcement agency may require documentation of the necessity for the equipment
and rate verification.
24. Nothing contained in this Manual will be construed as requiring the Tow firm to charge
any rate in violation of Oregon State or Federal law regulating the transportation of
vehicles. On all non-consensual tows the Tow firm will charge at a rate not to exceed
the rates established by the Washington County Sheriff.
25. The Washington County Sheriff, in its sole discretion, may adjust the rates as deemed
necessary.
26. If the total invoice amount is an uneven sum the Tow firm is authorized to charge an
amount necessary to bring the total invoice amount up to the nearest whole dollar
amount.
27. The Tow firm will release a vehicle without payment of the tow charge if the Tow firm is
specifically directed to do so by law enforcement personnel.
33
28. When a Tow firm is directed by the Washington County Sheriffs Office or contract law
enforcement personnel to-release a vehicle.that he/she requested to be towed without
payment of the tow charge, the Washington County Sheriffs Office or contract law
enforcement agency will assume and pay the charges to which the Tow firm is entitled.
29. For Class A tow trucks, the standard fee includes the first 15 minutes of clean-up time.
Additional clean-up fees are to be assessed in 15 minute increments with the actual
time of clean-up being at least 7 minutes in order to charge for the full 15 minute
increment. If the clean-up time is:less than 7 minutes, the Tow firm will only charge for
the minutes actually spent cleaning.
30. For Class B & C tow trucks, billable time begins when the tow truck departs from the
Tow firm's lot and ends when the tow truck returns to the lot. Fees shall be calculated
to the next nearest quarter-hour, minimum one hour. Class B and Class C rates will be
at a reasonable rate when compared with the industry in the Portland Metropolitan
area.
34
LIST OF ATTACHMENTS
Attachment 1 Approved Invoice Form, with inventory section and Important Rights Information
Attachment 2 Supplemental Inventory Form
Attachment 3 Confidentiality Agreement
Attachment 5A Complaint Handling Procedures (with Important Rights information)
Attachment 5B Complaint Form
Attachment 6 Disposition Sheet for 24-Hour Abandoned Tow
Attachment 7 Application to Tow Roster
Attachment 8 Tow Services Contract
Attachment 9 Towing Contract Terms and Conditions
Attachment 10 Rates
Attachment 11 Vehicle release notification to Contracted Dispatcher
Attachment 12 Vehicle Release Requirements
Attachment 13 Tow District Map
35
ATTACHMENT 1 Approved Tow Invoice Form, with Inventory section and Important Rights Information
CONTRACT TOW INVOICE INVOICE#
REQUESTED BY:
DATE OF TOW TIME RCVD TOW NUMBER
LICENSE STATE VIN MAKE MODEL STYLE
YEAR COLOR DRIVEABLE: KEYS: AGENCY(CIRCLE ONE) WASHCO SHERIFF
YES ElNO ElYES El No ElWASHCO LUT
TOWEDFROM TOWEDTO
TIME OUT ON SCENE(10-97) LEAVE SCENE �COMPLETION TIME/CALLED IN BY RELEASED BY/RLS TIME DOLLIES? YES NO
FRONT UP ❑ REAR UP ❑
TOW DRIVER TRUCK RELEASE REQUIRED? HOLD?(DATES AND TIMES) OUT OF DIST MILEAGE PE OF TOW
YES ❑NO ❑ ON OFF. START END
RELEASED TO NAME STREET ADDRESS
CITY STATE ZIP TELEPHONE
CHARGES
TOWING
BILL TO: DAMAGE PRIOR TO TOW
DISPATCHING
SPECIAL EQUIPMENT-(FEES
MUST BE DETAILED IN REMARKS
FIELD)
CONTENTS
DAYS @$_EA
MILEAGE
LABOR/STANDBY
CONDITION
I HAVE READ AND UNDERSTAND THE NOTICE INFORMATION ON THE BACK OF THIS FORM AFTER HOURS/GATE FEE
LIEN FEE
RELEASED TO DATE
TOTAL
(OVER FOR IMPORTANT RIGHTS INFORMATION) RLS TIME
PAYMENT METHOD
Any owner of a vehicle towed by an agency without prior notice may request a hearing to contest the tow. To ask for a hearing,you
must file a written request containing your name,address and telephone number;the make and license number of your vehicle;the
date of the tow;and a statement of why you believe the tow was improper. THE REQUEST MUST BE RECEIVED BY THE
appropriate Agency WITHIN FIVE BUSINESS DAYS FROM THE POSTMARK DATE OF THE LETTER MAILED TO THE
PERSON ENTITLED TO POSSESSION OF THE VEHICLE: Please direct your correspondence to the Tow Hearings Officer at the agency that
towed your vehicle:
Washington County Sheriff,215 SW Adams,Hillsboro,OR 97123. Telephone:503-846-2524. FAX:503-846-2719.
Beaverton Police Department,PO Box 4755,Beaverton OR 97076. Telephone:503-526-2260.Fax:503-526-2484
Cornelius Municipal Court Clerk,1355 N.Barlow St,Cornelius,OR 97113. Telephone 503-992-5398.
Paul Downey,City of Forest Grove,PO Box 326,Forest Grove,OR 97116, Telephone 503-992-3200.
Hillsboro Police Department,250 SE 10"Ave,Hillsboro OR 97123. Telephone:503-681-6175.Fax 503-681-6267.
Gaston Municipal Court,PO Box 129,Gaston,OR 97119
City of king City,Attn:Darcia Hing, 15300 SW 1 16"Ave,King City,OR 97224
North Plains Police Department,31360 NW Commercial St,North Plains,OR 97133. Telephone:503-647-2604.Fax 503-647-2031.
Tigard Police Department,13125 SW Hall Blvd,Tigard,OR 97223. Telephone:503-639-6168.Fax:503-684-5654.
Tualatin Municipal Court,18880 SW Martinazzi Ave,Tualatin,OR 97062.
Sherwood Police Department,20485 SW Borchers Dr,Sherwood,OR 97140.Telephone:503-625-5523.Fax 503-625-9553.
HEARINGS ARE NOT AVAILABLE FOR VEHICLES TOWED FOR UNPAID PARKING TICKETS OR PRIVATE PROPERTY IMPOUNDS.
36
ATTACHMENT 2 Supplemental Inventory Form
TOWED VEHICLE PROPERTY 8 CONDITION REPORT
REQUESTED BY:
DATE OF TOW TOW NUMBER
1. LICENSE 2.STATE 3.VIN
4.MAKE 5.MODEL 6.STYLE 7.COLOR 8.DRIVEABLE. 9 KEYS.
YES NO YES NO ❑
TOWED FROM TOWED TO AGENCY(CIRCLE ONE) WACO SHERIFF
WACO LUT
ON SCENE(10.97) LEAVE SCENE(TE) CALLED IN BY RELEASED BY DOLLIES'/ YES NO
FRONT UP REAR UP
COMPLETION TIME. TIME
TOW DRIVER TRUCK RELEASE REQUIRED? HOLD?(DATES AND TIMES) OUT OF DIST MILEAGE TYPE OFT
YES DO ❑ ON OFF. START END
RELEASED TO NAME LJ STREET ADDRESS
CITY STATE ZIP TELEPHONE
CHARGES
70WING
BILL TO: DAMAGE PRIOR TO TOW
DISPATCHING
SHERIFF SERVICE FEE
STORAGE
CONTENTS DAYS @$_EA
OUT OF DIST MILEAGE
LABOR/STANDBY
CONDITION
SHERIFF RETOW
I ACKNOWLEDGE RETURN OF PROPERTY LISTED ABOVE AFTER HOURS/GATE FEE
LIEN FEE
RELEASED TO DATE
TOTAL
37
ATTACHMENT 3 Confidentiality Agreement
CONFIDENTIALITY AGREEMENT
CONTRACT FOR VEHICLE TOWING AND STORAGE
I understand and agree that:
1. On or about September 1, 2006, (Tow Firm)signed an application to provide
vehicle towing and storage services to the Washington County Sheriff. The Towing Policy and Manual
requires the Tow firm and it's employees, to treat as confidential all the information provided by the
Washington County Sheriff or a Contract Law Enforcement Agency pursuant to the Towing Procedures
Manual.
2. In the course of my employment for the Tow firm, I may have access to or become aware of, information
regarding the pursuit, apprehension or prosecution of criminal suspects, which may be of a highly
confidential or sensitive nature.
3. 1 will treat the official business of the Washington County Sheriff or Contract Law Enforcement Agency as
confidential. I agree that I will disseminate this information only to those agencies, officials and /or tow
firms for whom it is intended as provided by the Towing Procedures Manual, and to no other person: I
further agree not to divulge or disclose to any person any confidential or sensitive information of any kind
or form learned or obtained by me in performance of my employment by the Tow firm which may enable or
allow any person to conceal or dispose of goods, money or other valuable items stolen or otherwise
unlawfully obtained, or to avoid detection, arrest, or punishment.
4. 1 agree that I have personal and individual responsibility for the protection of all law enforcement
information, documents and material'I come into contact with in the course of my employment with the
Tow firm, and that disclosure of law enforcement information in violation of this Confidentiality Agreement
may result in my dismissal or other disciplinary action by the Tow firm.
5. 1 will report at once to my immediate supervisor and the Washington County Sheriffs Office, if I am
arrested, charged, convicted, or sentenced for any criminal offense. I agree that failure to report as
provided by the Towing Policy may result in my dismissal or other disciplinary action by the Tow firm.
6. For Tow Truck Drivers: I understand that the Washington County Sheriff's Office issued.driver's
identification is the property of the Washington County Sheriffs Office and must be returned upon the end
of my employment and cannot be used in the performance of a criminal act.
Print Name Signature Date
Tow Firm Name Tow Firm Authorized Signature Date
38
ATTACHMENT 5(A) Complaint Handling Procedures
COMPLAINT HANDLING PROCEDURES
NON-CONSENSUAL TOWS
The Washington County Sheriff has approved the following Procedures for resolving a complaint
against a tower;
Complainant is advised to submit a written complaint to Tow Coordinator, Washington County Sheriffs
Office, 215 SW Adams Hillsboro, OR 97123 on a Washington County Sheriffs Office approved form.
Complaints may be directed to a contract law enforcement agency by a complainant if they choose to
do so. If a contract law enforcement agency receives a complaint, the contract law enforcement
agency has the option to handle the complaint prior to notification to the Washington County Sheriffs
Office. If a contract law enforcement agency resolves a complaint, the resolution should also be
forwarded to the Washington County Sheriffs Office, If a form is not available please provide the
following information on a plain piece of paper.
- Name, address and telephone number of the complainant
- Name of the tower
- Date and time, location and reason for the tow
- License plate and description of the towed vehicle
- Copy of the tow bill
- Description of what occurred and what the complainant feels is wrong
- A statement of the desired remedy.
Written complaints are forwarded to the tower with the expectation that the tower shall investigate the
complaint and,provide a written response to the Washington County Sheriffs Office within five (5)
business days. The Washington County Sheriffs Office will coordinate resolution between the Tow
firm and the complainant. The Tow firm may contact the Washington County Sheriffs Office for
assistance in settling citizen disputes.
None of these steps is intended to preclude complainant from pursuing action in civil court.
An approved complaint form can be found on Attachment 5(B)
39
Attachment 5(B) Complaints against towers
Washington County Sheriffs Office
Records Division
Complaints against Tow Companies
r
Complaint Tracking Number:
Date of Complaint:
Date of Resolution:
Name:
Address:
Phone:
Tow Company:
Date and time of tow:
Location and reason for tow:
Vehicle Plate # and description:
Please give a detailed description of your complaint. Be sure to include what you would like to see
as resolution. Please use additional papers as necessary and attach a copy of your tow bill. You can
mail completed form to: Tow Coordinator, Washington County Sheriff's Office, 215 SW Adams Ave
M/S 32, Hillsboro, Oregon 97123
Please keep in mind that the Washington County Sheriff's Office does not have authority
over tows from private property ordered by property owners. If you have a complaint
regarding tows from private propertyplease contact the Better Business Bureau at 503-
226-3981 or by completing an Oregon DMV form 6504. You can obtain such a form from
the Internet at.www.oreqondmv.com1fvrms.= forms htm or from any DMV office,
40
S�SRfp� ATTACHMENT 6 24-Hour Abandoned Tow Disposition
Washington County Sheriffs Office
215 SW Adams Avenue, Hillsboro OR 97123
(503) 846-2700 (5:03) 846-2719 (FAX)
* * * DISPOSITION SHEET FOR 24-HOUR ABANDONED TOW
To: Fax:
Vehicle License Plate: State: VIN:
Year: Make/Model: Color: Body Style:
Location:
• You have been dispatched to tow an abandoned vehicle. It is agreed that you will remove it
within 24 hours of the time you were given the call.
• Attached, please find the Appraisal of the vehicle, which contains the registered and legal
owner information as shown in the records of the Department of Motor Vehicles.
The disposition of the above described vehicle is: (you must check one)
❑ The vehicle was towed on . (WCSO Records action required)
❑ The vehicle was not found on the above listed street/ public property. (WCSO Records
to forward to WCSO Civil Dept)
❑ Other (describe) (WCSO
Records to forward to WCSO Civil Dept)
After checking one of the boxes above, fax this disposition sheet back to the Sheriffs Office
Records Division at (503) 846-2719 within the same twenty-four hour time period.
FOR WCSO USE ONLY: EIV entry: Date:
WCSO Records clerk: Enter the vehicle into LEDS; attach the EIV and vehicle registration printout
to this sheet and forward the packet to WCSO Civil Department.
41
Attachment 7 Application to Tow Roster
2005'Statement of Qualifications
For Providing Vehicle Towing,and Storage Services
1. Legal Name of Business
2. Mailing Address
3. Business Office Address (if different)
4. Dispatch Facility Address (if different)
5. Telephone Numbers:
Dispatch (The first number that dispatcher will use.)
Lot (Must always ring at the storage lot/office location.)
Fax Number (A dedicated line used only for sending and receiving faxes.)
Emergency Number (For use if applicant's other numbers do not respond.)
E-Mail address
6. Business operates as:
sole.proprietorship SS #
partnership
corporation FEIN
other(indicate)
7. Storage Facilities: Please complete information for each tow district that you wish to be
assigned.
Tow District
Primary Storage Facility address:
Property zoned as: (Must provide documentation; such as property tax form.)
Secondary lot location:
Property zoned as (Must provide documentation, such as property tax form.)
42
Tow District
Vehicle release location (no business office, but well lit counter space, ability to accept
credit and/or debit cards, $50 change, and room for storage of 20 vehicles.
Property Zoned as: (Must.provide documentation,such as property tax form.)
Tow District
Vehicle release location (no business office, but well lit counter space, ability to accept
credit and/or debit cards, $50 change, and room for storage of 20 vehicles.
Property Zoned as: (Must provide documentation,such as property tax form.)
8. Attach a list of all equipment to be assigned to these tow areas. Please indicate tow district
assigned to for each piece of equipment. Class A tow trucks may cross districts as necessary
for the Tow firm to complete-a tow as long as it does not affect their on scene arrival times as
required by this contract and as long as the Tow firm complies with the two truck minimum per
district that they are applying for. Class B and C equipment must be stored within Washington
County at an approved storage lot. Attach copies of inspection documents from state or other
agencies. In your listing include:
o Equipment type (wheel lift, roll-bed, motorcycle trailer, etc.)
o Class of equipment(A, B, C trucks)
o Vehicle Identification Number(VIN)
o License Plate and state of issue
e Vehicle year
o Make
o Gross Vehicle Weight Rating
• Vehicle unit#assigned by Tow firm if any and assigned tow district
9. Attach a list, in descending order of authority, the first, middle and last names of all applicants'
owners, part-owners, partners, business associates, principal parties, officers, directors,
43
agents, or any other persons associated with the applicant's performance of this Contract,
plus their titles, dates of birth and emergency telephone numbers. Attach a clearly legible copy of
the current Driver's License, or state issued identification card, for each person listed.
10. Financial Interest: - Attach a list of any other legal entities (individuals, corporations, etc.) not
mentioned in question 9, having a financial interest in the business. Include names,
addresses, birth dates, driver's license numbers and telephone numbers.
11. List applicant's contact person(s)with,responsibility for handling Agency,and/or citizen
complaints and other communications. Individual named must be available at the applicant's
place of business during normal business hours, and have a high degree of-familiarity with the
Tow Contract.
Contact Name Telephone.Number
12. Has applicant registered with the Oregon Corporation Division as doing business under an
assumed business name or partnership? YES NO
If Yes, please provide either the assumed business name and registration date or the
partnership name and date of registration:
Name: Reg. Date:
13. Has applicant registered with the Oregon Corporation Division as a limited partnership or a
corporation? YES NO
If Yes, enter the Corporation Division number:
14. Has applicant previously had a towing contract canceled and/or terminated by any other
jurisdiction? YES NO
If Yes, attach a statement providing the date, location and basis for the cancellation and/or
termination.
15. Has any owner, part-owner, partner, business associate, principal party, officer, director,
agent, employee or any other person associated with the applicant's performance of this
Contract previously had a towing contract canceled and/or terminated by any other jurisdiction?
YES NO
If Yes, attach a statement providing the date, location and basis for the cancellation and/or
termination.
16. Attach a list of all employees, full or part-time and any personnel providing services under
contract or employment agreement. Include the following information about each person listed:
* First Name, Middle Name, Last Name
* Date of Birth
* Driver's License Number and State
* Commercial Driver's License Number and State, if applicable
* Address of employee
* Job Title (driver, dispatcher, etc. List all duties of each employee)
44
Attach a signed Confidentiality Agreement(Attachment 3)for each staff member..
17. Do you have knowledge of any arrests, charges, or convictions during the ten years prior to
this application of any applicant, owner, part—owner, partner, business associate, principal
party, officer, director, agent, employee or any other person associated with the applicant's
performance of this Contract for any of the following offenses: theft, robbery, burglary, assault,
drugs, prostitution, weapons,.fraud, :trafficking in stolen goods or any traffic crime, including
but not limited to: driving under the influence of intoxicants, reckless driving, attempt to elude
a police officer, leaving the scene of an injury accident or hit and run?
YES NO
If Yes, attach a written description of the circumstances of the arrest, charge or conviction,
including the date, location and any other pertinent information.
18. Attach one original and one copy of the applicant's certificate of$1 million LIABILITY
INSURANCE with Washington County named as an additional insured along with the additional
insured endorsement, and complete the following:
Insurance Provider:
Policy No: Exp. Date:
Agent: Phone:
19. Attach one original and one copy of the applicant's certificate of$100,000 minimum FIRE
and THEFT (GARAGEKEEPERS) INSURANCE with Washington County named as an
additional insured along with the additional insured endorsement, and complete the following:
Insurance Provider:
Policy No: Exp. Date:
Agent: Phone:
20. Attach one original and one copy of the applicant's certificate of$75,000 minimum
CARGO/ON HOOK INSURANCE with Washinqton County named as an additional insured
along with the additional insured endorsement, and complete the following:
Insurance Provider:
Policy No: Exp. Date:
Agent: Phone:
21. Attach one original and one copy of the applicant's certificate of WORKER'S
COMPENSATION coverage, and complete the following:
Insurance Provider:
Policy No: Exp. Date:
Agent: Phone:
45
r
22. Lien Filing Procedures
• Does the applicant use a lien service? If so, who?
® How are out of state vehicles handled?
What records does the applicant maintain regarding vehicles that are liened and sold?
o Location of vehicle auctions, including address of auction lot and must comply with ORS
87.186.
® How long are these records kept?
Attach a copy of the lien notice letter used by the applicant or the applicant's lien service
of choice.
Submit the completed application with the following attachments;
1. List of all applicants, owners, part owners, partners, etc.
2. List of other legal entities with financial interest.
3. Description of cancellation or termination of previous contract (if applicable).
4. List of all employees, including all information listed above.
5. Signed Confidentiality Agreements.
6. Information about any arrests, charges or convictions (if applicable).
7. Original copy of applicant's Liability Insurance certificate including the additional insured
endorsement.
8. Original copy of applicant's Garagekeepers Insurance certificate including the additional insured
endorsement.
9. Original copy of applicant's Cargo Insurance certificate including the additional insured
endorsement.
10. Original copy of applicant's Worker's Compensation Insurance certificate.
11. List of all trucks and special equipment.
12. Information about lien filing procedures, including a copy of the lien letter and location of
auctions.
13. Attach a copy of the current tow service rate schedule for private consensual tows.
14. Attach signed Tow Services Contract/Trade Services Agreement, must include three (3)
original signed and dated copies.
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False information submitted by an applicant shall be considered grounds for rejection or immediate
termination of the Tow Services Contract. Therefore, review of this document is an important step prior
to signing. Signing of this document certifies that all statements contained herein are true to the best of
signer's knowledge.
I certify that I have reviewed the contents of this application, that all statements contained herein are
true to the best of my knowledge, that I am an officer of the below named business, and that I am
authorized to sign this document on behalf of the business.
Legal Name of Applicant
Signature of Authorized Officer
Printed name of Authorized Officer
Title of Officer
Date of Application
I, (authorized signer), hereby give my consent to have a complete credit
history conducted on (Tow Firm). I understand that information contained within
a credit history may be used during the application process, and that a poor credit rating may result in
not being approved. Furthermore, I understand that if my application for Rotational Towing is denied
based upon items contained within a credit history that the Washington County Sheriffs Office will notify
said Tow Firm with those reasons.
Signed date
I, (person with financial interest in Tow firm), hereby give my
consent to have a complete credit history conducted on myself. I understand that information
contained within a credit history may be used during the application process. Furthermore, I
understand that if my application for Rotational Towing is denied based upon items contained within
a credit history that the Washington County Sheriffs Office will notify me with those reasons.
Signed date
I, (person with financial interest in Tow firm),hereby give my
consent to have a,complete credit history conducted on myself. I understand that information
contained within a credit history may be used during the application process. Furthermore, I
understand that if my application for Rotational Towing is denied based upon items contained within
a credit history that the Washington County Sheriffs Office will notify me with those reasons.
Signed date
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I, (person with financial interest in Tow firm), hereby give my
consent to have a complete credit history conducted on myself. I understand that information
contained within a credit histoy may be used during the application process. Furthermore, I.
understand that if my application for Rotational Towing is denied based upon items contained within
a credit history that the Washington County;Sheriff s Office will notify me with those reasons.
Signed date
I,
(person with financial interest in Tow firm), hereby give my
consent to have a complete credit history conducted on myself. I understand that information
contained within a credit history may be used during the application process. Furthermore,
understand that if my application for Rotational Towing is denied based upon items contained within
a credit history that the Washington County Sheriffs Office will notify me with those reasons.
Signed date
If the Washington County Sheriffs Office denies an application based upon information obtained in a
credit report,written notification to the Tow firm or person(s) holding a financial interest as
appropriate will be provided. The written notification will contain:
Name, address, and telephone number of the consumer reporting agency that furnished the
report.
A statement that the consumer reporting agency did not make the decision to take the
adverse action and is unable to provide the Tow firm the specific reasons why the adverse
action was taken.
Notice of the Tow firm's, or person(s) holding a financial interest in the Tow firm's, right to
obtain a free copy of a consumer report, within 60 days, on the Tow firm from the consumer
reporting agency.
Notice of the Tow firm's, or person(s) holding a financial interest in the Tow firm's, right to dispute
with a consumer reporting agency the accuracy or completeness of any information in a consumer
report furnished by the consumer reporting agency.
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- Attachment 8 Tow Service Contract
TOW SERVICES CONTRACT
This contract is between Washington County,a political subdivision of the State of Oregon ("County"),
and ("Contractor").
County and Contractor, in consideration of the mutual promises,terms and conditions provided
herein,agree to the following:
SECTION 1 -PURPOSE AND STANDARD OF SERVICES
1.1 This contract sets forth the responsibilities and clarifies the relationship between the County and the
Contractor for purposes of performing Non-Consensual Law Enforcement Tows for the Washington
County Sheriff or other law enforcement agencies which have contracted with the County for Towing
Coordination Services(hereinafter Contract Law Enforcement Agency)
1.2 This contract, the Towing Policy,and,the Towing Procedures Manual do not apply to or regulate any
aspect of any tow operation other than non-consensualtows directed by the Washington County
Sheriffs Office or a Contract Law Enforcement Agency.
1.3 Contractor shall comply with all federal, state and local laws,codes,regulations and ordinances
applicable to the work in this contract. Unless otherwise specified in this contract, Contractor shall
obtain all permits or licenses necessary to perform the work. Failure to comply shall constitute a
material breach of this contract.
1.4 All work shall be performed in a professional manner, and unless the manner or means of
performing the work are specified elsewhere in this contract, Contractor shall employ methods
that are generally accepted or used in the industry, in accordance with industry standards.
1.5 Contractor agrees that the section headings in this contract are there merely for convenience and shall
not be construed to have any substantive effect on this contract. Contractor also agrees that this
contract shall not be construed more strongly against either party on the basis of who drafted the
provisions.
SECTION 2—CONSIDERATION
2.1 In exchange for being placed on the Washington County's Sheriff's Office Tow rotation and in
consideration of the economic benefits accruing to Contractor as a result of being on said rotation,
Contractor agrees to strictly adhere to this contract,the Washington County Sheriff's Tow Policy,
Towing Procedures Manual and towing rate list established by Washington County. Contractor
expressly agrees that this contract is supported by adequate consideration as described above.
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SECTION 3 - CONTRACTOR RESPONSIBILITIES
3.1 Contractor shall furnish towing services as provided by this Contract,when requested to do so by
authorized,Sheriff's Office or Contract Law Enforcement Agency personnel-or the contracted
dispatcher, in accordance with this Contract,the Towing Policy and the Towing Procedures Manual.
3.2 Contractor shall adhere strictly to the statutory requirements set forth in the Oregon Revised Statutes
and Oregon Administrative Rules for lien foreclosure, disposition of vehicle contents, and collections.
Pursuant to ORS 87.186,the sale of any liened vehicle_s shall occur in the county in which the lien
claimant obtained possession of the chattel.
3.3 Tow trucks are not authorized as emergency vehicles. As such,unless specifically directed by an
authorized Washington County Sheriff's Office or Contract Law Enforcement Agency employee,
Contractors are prohibited from:
(1) "Running code"by operating overhead emergency lights while en route to or from a tow scene.
(2) Disobeying traffic control devices(traffic lights, stop signs, etc.)
(3) Use of any type of siren.
3.4 The Tow firm will not monitor the police radio, or the Dispatch radio, for gain or profit.
3.5 Contractor owner(s)or employees will not solicit information as to accident locations by payment of
any form of gratuity.
3.6 Contractor owner(s)or employees will not solicit those at the scene of an accident. They may 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 owner(s)or employees will not require performance of repair work on a vehicle involved in
an accident or breakdown in connection with providing towing service for the vehicle.
3.8 Contractor owner(s)or employees 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 The Contractor will not charge for services not performed or make duplicate charges for the same
service or charge any fee in excess of those permitted under this Contract.
3.10 The Contractor owner(s)or employees will not use profane or obscene language, which may offend a
customer or any other person.
3.11 The Contractor owner(s)or employees will be respectful and courteous to customers, motorists,
Sheriff's or Contract Law Enforcement Agency employees or any other person. Contractor owner(s) or
employees will not touch any customer, motorist, Washington County Sheriff's Office or Contract Law
Enforcement Agency employee or any other person(s),except in self-defense if threatened with
imminent physical harm to him/her self or another person,or to provide assistance when necessary and
requested, such as assisting elderly customers getting in and out of the tow truck.
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I
3.12 Contractor owner(s)or employees will not remove any parts,property or personal effects or any other
thing from a vehicle, except as specifically permitted in this contract,the Towing Policy, or the Towing
Procedures Manual or at the explicit request of the vehicle owner/owner's agent.
3.13 The Contractor's owner(s)or employees will not operate in performance of this contract while
consuming alcohol or while under the influence of alcohol.
3.14 The Contractor's owner(s) or employees will not operate in performance of this contract while under
the influence of drugs,unless such drugs 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.
3.15 The Contractor's owner(s) or employees will not operate any vehicle or other equipment in
performance of this contract in a careless,reckless, or negligent manner as defined in Oregon Revised
Statutes.
3.16 The Contractor's owner(s) or employees will not operate a towing vehicle in the commission of a
crime.
3.17 The Contractor's owner(s)or employees will not refuse to issue a clearly legible receipt, if necessary,
in addition to the standard tow bill, to any owner/owner's agent who requests a detailed listing of all
charges.
3.18 The Contractor's owner(s) or employees will not require any vehicle owner/owner's agent 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/owner's agent's inspection of vehicle or personal
effects.
3.19 The Contractor's owner(s)or employees will not use information obtained through performance of this
contract to interfere with the performance of Washington County Sheriff's or Contract Law
Enforcement employees'duties.
3.20 Except as directed by a public safety officer, 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.
3.21 While performing under this Contract, the Contractor's owner(s)or employees 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's owner(s)or employees will treat the
information to which it has access under this Contract as confidential. Contractor's owner(s) or
employees will not disseminate any information to anyone except as provided by this Contract.
3.22 The Contractor will provide to the Washington County Sheriff's Office the name and contact telephone
number of the person assigned to complaint handling for the Contractor.
3.23 The Contractor will adhere to the Complaint Handling Procedures established and approved by the
Sheriff for resolution of complaints against the Contractor. (Attachment 5)
3.24 The Contractor will strictly comply with the provisions of ORS 819.160 and ORS 87.192, and no
contractor will place a lien on, attempt to place a lien on, or refuse to turn over without charge to the
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vehicle owner or other person entitled to possession, any personal property or the contents of any towed
vehicle towed under this contract for the first fifteen days after taking the vehicle into custody.
Additionally, the contractor will lien and sell the vehicle in the county in which it was obtained in
accordance with ORS 819.160 and ORS 87.186 and ORS 87.192.
3.25 For any tow in which a law enforcement agency is responsible for the costs of the tow, contractor will
bill the law enforcement agency requesting the tow. Contractor agrees that Washington County is not
the guarantor of payment,for any tow requested by any Contract Law Enforcement Agency.
3.26 All vehicles towed pursuant to this contract will be towed to the tow firm's Washington 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 signed by the
vehicle owner.
SECTION 4-TERMINATION SUSPENSION OR REMOVAL FROM TOW ROSTER
4.1 This contract may be immediately terminated by the Sheriff or his designee, acting for the County, or
Contractor,without prior notice for any reason.
4.2 Contractor agrees that if the Washington County Sheriff determines that termination is not warranted in
a particular situation,the Sheriff or his designee may temporarily suspend Contractor from one or more
tow rotation lists for a period of time designated by the Sheriff or take other lesser measures as the
Sheriff or his designee deems appropriate.
4.3 Specific actions which may result in termination or suspension include but are not limited to any breach
of this contract,any violation of the Sheriff's Tow Policy or Towing Procedures Manual,any violation
of state law or administrative rule relating to providing tow services under this contract,
misrepresentation on an application, criminal or civil violations by Contractor, its agents and officers,
failure to notify the Sheriff of criminal activity in a reasonable period of time,failure to pay the
contracted dispatcher within 30 days of invoice, failure to maintain at least two approved drivers for
two approved tow vehicles for each towing district,commingling equipment or personnel between tow
firms, failure to maintain all required insurance coverage, failure to investigate and resolve complaints
regarding non-consensual tows, or financial problems which result in insolvency of the tow firm or
which result in foreclosure proceedings against the tow firm or its property.
4.4 In addition to the indemnification provisions contained in the attached Standard Terms and Conditions,
Contractor agrees to hold the County, its officers, agents and employees, and any Contract Law
Enforcement Agency harmless and indemnify the same for any action, suit, claim of damage or loss
brought by or on behalf of Contractor as a result of being suspended from any tow roster or as a result
of the termination of this contract, or for any measure taken by the Sheriff as a sanction for violating a
provision of this contract,the Sheriff's Tow Policy or Towing Procedures Manual,regardless of the
outcome of the action, suit, claim or proceeding. Contractor specifically agrees that in the event any
claim,action, suit or demand is brought by or on behalf of Contractor against County, its officers,
agents and employees or against any Contract Law Enforcement Agency, its officers or employees, as a
result of a suspension or termination under this contract,the Sheriff's Tow Policy or the Towing
Procedures Manual,Contractor will be liable for all expenses of the County or the Contract Law
Enforcement Agency in defending the claim including but not limited to any costs or attorney fees and
all staff time incurred by County or a Contract Law Enforcement Agency incurred in defense of the
claim, action, suit or demand.
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4.5 Neither termination of this contract nor suspension from the rotation list will relieve the Contractor .
from the obligations of this,Contract,the Tow Policy or the Towing Procedures Manual pertaining to
vehicles and their contents.under the Contractor's custody and control at the time the termination or
suspension becomes effective.
SECTION 5-NOTICE OF TERMINATION OR SUSPENSION
5.1 Notice of termination of this contract or suspension from one or more tow rosters will be mailed, first-
class postage prepaid,to the Contractor's last known address. Notification will include the reason for
the termination or in the case of a suspension,the length of the suspension. If the termination or
suspension takes effect immediately,the Tow Coordinator will contact the Contractor by telephone in
addition to sending the notice. The notification may also include any procedures that the Contractor
must take to be reinstated on the roster.
SECTION 6—INSURANCE
6.1 Contractor will maintain legal liability and property damage insurance that protects Contractor and
Washington County,its officers, employees, and agents from any and all claims, demands, actions and
suits for damage to property or personal injury, including death, arising from the Contractor's work
under this Contract, including all operations of subcontractors. The insurance will provide primary
coverage for not less than$1,000,000 for personal injury to each person, $1,000,000 ifor each
occurrence, and$1,000,000 for each occurrence involving property damage; or a single limit liability
policy for not less than$1,000,000 covering all claims per occurrence. The limits of the insurance will
be subject to statutory changes as to maximum limits of liability imposed on local governments of the
State of Oregon. The insurance will be without prejudice to coverage otherwise existing and will name
as additional insured Washington County.Notwithstanding the naming of additional insured's, the
insurance will protect each insured in the same manner as though a separate policy had been issued to
each,but nothing herein will operate to increase the insurer's liability as set forth elsewhere in the
policy beyond the amount or amounts for which the insurer would have been liable if only one person
or interest had been named as insured. The coverage will apply as to claims between insured's on the
policy. The insurance will provide that the insurance will not terminate or be canceled without thirty
(30)days written notice first being given to the County. If the insurance is canceled or terminated prior
to completion of the calendar year, Contractor will provide a new policy with the same terms.
Contractor agrees to maintain continuous,uninterrupted coverage for the duration of the calendar year,
or while working under this Contract. The insurance will.include coverage for any damages or injuries
arising out of the use of automobiles or other motor vehicles by the Contractor.
6.2 Contractor will maintain primary fire and theft insurance(garagekeepers insurance)to protect stored
vehicles in a minimum amount of$100,000. Washington County shall be named as an additional
insured on this policy.
6.3 The Contractor will maintain primary cargo or on-hook insurance in a minimum amount of$75,000.
Washington County shall be named as an additional insured on this policy.
6.4 In no case will any policy deductible exceed$2,500 per event for any insurance required by this
contract. The Contractor will provide an endorsement for all vehicles(may be on a fleet basis)used in
performing services under this Contract, for all insurance described in this Contract. Each tow truck
used for tows under this Contract will carry an insurance identification card at all times.
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6.5 Contractor and its subcontractors, if any,will comply with the Oregon workers' compensation laws and
maintain appropriate coverage for their subject workers. A certificate of insurance,or copy thereof,
will be required at the time of application. Contractor agrees to maintain workers' compensation
insurance coverage for the duration of their work under this Contract.
6.6 Contractor shall provide upon execution of this contract certificates of insurance acceptable to County,
and naming Washington County as an additional insured,providing evidence.of all insurance required
by this contract,the effective date of the policy, and the name, address and telephone number of the
insurance provider.
SECTION 7-SHERIFF RESPONSIBILITIES
7.1 The Washington County Sheriff will provide an example of a Tow Invoice that lists all information
required on Tow Invoices to be used for tows subject to this Policy. (Attachment 1)
7.2 For a vehicle placed under formal police hold which is later re-towed to a law enforcement operated
storage facility, the appropriate law enforcement agency will pay the Contractor for the original tow at
the rate set forth in this Policy,plus the re-tow.
7.3 The law enforcement agency will pay the Contractor within 60 days of acceptance of a correct billing
submitted by the Contractor for a tow performed under this Contract for which the law enforcement
agency is liable.
71.4 The Washington County Sheriff's Office will provide,to the Contractors,maps of the entire area served
by this Contract showing the boundaries for each tow district. (Attachment 13)
7.5 The Washington County Sheriff's Office will establish all special rotations and provide telephone
numbers and addresses to the current contract dispatch service for all qualified Contractors.
7.6 The Washington County Sheriff's Office will provide,to the current contracted dispatch service and the
qualified Contractors, a list of all Contractors in each district in the order of the rotation including
telephone numbers and addresses,and indicating on which rotations each Contractor is included.
7.7. In the event of a rate change or changes to the Towing Procedures Manual,the Washington County
Sheriff's Office will notify all Contractors.
7.8 'The Washington County Sheriff's Office shall periodically revise the Tow Policy and Towing
Procedures Manual and tow rates,as it deems necessary, in its sole discretion.
SECTION 8-CONTRACT TERM
8.1 The contract shall be effective upon final signature.
8.2 The expiration date is a biennial calendar basis of two years beginning January 1 of the year following
when the contract was executed and expires on December 31 on the second year, unless otherwise
amended.
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8.3 Passage of the contract expiration date shall not extinguish or prejudice the County's right to enforce
this contract with.respect to any default or defect in performance that has not been cured.
SECTION 9-ADDITIONAL DOCUMENTS AND ATTACHMENTS
9.1 The following documents are incorporated into this contract:
X Contractor's Completed Statement of Qualifications and attachments.
X Washington County Towing Contract Terms and Conditions.
X Washington County Sheriff's Tow Policy
X Washington County Sheriff's Towing Procedures Manual
X Attachments 1 through 13
In the event there is a conflict between the documents comprising this contract,the following order of
precedence shall apply: the terms and conditions in the body of this contract and attachments; Standard
Contract Terms and Conditions; Washington County Sheriff's Tow Policy; Washington County Sheriff's
Towing Procedures Manual;:and Contractor's Statement of Qualifications.
SECTION 10-COUNTY CONTRACTOR ADMINISTRATOR
Name: Melaney Koch
Address: 215 SW Adams Avenue M/S 32
Hillsboro, OR 97123
Telephone: (503) 846-2741
Fax: (503) 846-2719
E-mail: melaney koch(ibco.washington.or.us
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SECTION 11 - SIGNATORIES
CONTRACTOR:
.By my signature below,I certify that I am authorized to execute this contract on behalf of Contractor.
Signature Date
Name(Printed) Title
Address:
Tax Identification Number
Contractor Contact Person:
Name: Telephone:
Address: Fax:
E-Mail:
COUNTY:
Signature Date
Printed Name Title
Minute Order#
Recording Secretary
Washington County Sheriff
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Attachment 9 Towing Contract Terms and Conditions
TOWING CONTRACT TERMS AND CONDITIONS
1. Subcontracts.and Assignment. Contractor shall not enter into any subcontracts for any of the work required by this
contract,or assign or transfer any of its interest in thiszontract,without the prior written consent of Washington
County. The provisions of this contract shall be.binding upon and shall inure to the benefit of the parties hereto,and
their respective successors and assigns,if any.
2. Third Party Beneficiaries. County,Contract Law Enforcement Agencies and Contractor are the only parties to this
contract and are the only parties entitled to enforce its terms. Nothing in this contract gives,is intended to give,or
shall be construed to give or provide any benefit or right,whether directly,indirectly,or otherwise,to third persons
unless such third persons are individually identified by name herein and expressly described as intended beneficiaries
of the terms of this contract.
3. Written Notice. Any notice of change,termination,or other communication having a material effect on this
contract shall be upon the County Contract Administrator and the Contractor Contact Person and served in one of the
following manners:a)In-person delivery;or b)deposited in the U.S.Mail under certified or registered handling,
postage prepaid. Except as provided in this contract,it is agreed that fifteen calendar days shall constitute reasonable
notice for the exercise of any right in the event that applicable law specifically requires such notice.
4. Governing LawNenue/Attorney Fees. This Contract shall be governed by and construed in accordance with the
laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action,suit or
proceeding(collectively, "Claim")between County and Contractor that arises from or relates to this contract
shall be brought and conducted solely and exclusively within the Circuit Court of Washington County for the
State of Oregon;provided,however,if a Claim is brought in a federal forum,then it shall be brought and
conducted solely and exclusively within the United States District Court for the District of Oregon.
CONTRACTOR,BY EXECUTION OF THIS CONTRACT,HEREBY CONSENTS TO THE IN PERSONAM
JURISDICTION OF SAID COURTS. Except as provided in paragraph 4.4 of the contract,the prevailing party in
a Claim shall be entitled to reasonable attorney fees and costs as awarded by the court,including any appeal.
5. Remedies Cumulative. All rights and remedies of County and Contractor shall be cumulative and may be exercised
successively or concurrently. The foregoing is without limitation to or waiver of any otherAghts or remedies of
County according to law.
6. Severability/Waiver. County and Contractor agree that,if any tern or provision of this contract is declared by a
court of competent jurisdiction to be illegal or in conflict with any law,the validity of the remaining terms and
provisions shall not be affected,and the rights and obligations of the parties shall be construed and enforced as if the
contract did not contain the particular term or provision held to be invalid.The failure of either party to enforce any
provision of this contract shall not constitute a waiver by that party of that or any other provision of this contract.
7. Independent Contractor.
7.1 Contractor shall perform the work required by this contract as an"Independent Contractor." Although
County reserves the right to determine the delivery schedule for the work to be performed and to evaluate
the quality of the completed performance,the County cannot and will not control the means or manner of
the Contractor's performance.The Contractor shall comply promptly with any requests by County relating
to the emphasis or relative emphasis to be placed on various:aspects of the work or to such other matters
pertaining to the work under this contract. Contractor is responsible for determining the appropriate means
and manner of performing the work.
7.2 Contractor represents and warrants that Contractor is not an employee of the County,is not currently
employed by the Federal Government,meets the specific independent Contractor standards of ORS 670.600,
and is not an"officer","employee",or"agent"of the County,as those terms are used in ORS 30.260 et .seq.
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7.3 Contractor is not eligible for any federal Social Security,unemployment insurance,or workers'
compensation benefits or compensation of any sort from County under this contract.
7.4 Contractor agrees to immediately provide County notice of any claim made against Contractor by any third
party related to tow services.
8. Indemnification. Contractor shall hold harmless,indemnify,and defend the County,its Commissioners,employees,
and agents for any and all claims,damages,losses,and expenses,including but not limited to reasonable attorney(s)
fees arising out of or resulting from Contractor's performance of or failure to perform the obligations of this contract.
9. Nondiscrimination. No person shall be denied or subjected to discrimination in receipt of the benefits of any
services or activities made possible by or resulting from this contract on the grounds of race,color,religion,gender,
sexual orientation,national origin,disability,age,or marital status. Any violation of this provision shall be
considered a material defect and shall be grounds for cancellation,termination or suspension in whole or in part by
the County.
10. Time is of the essence. Time is of the essence in Contractor's performance of each and every obligation and duty
under this contract
11. Force Majeure. Neither County nor Contractor shall be held responsible for delay or default caused by fire,riot,
acts of God,or war where such cause was beyond,respectively,County's or Contractor's reasonable control.
Contractor shall make all reasonable efforts to remove or eliminate such a cause of delay or default and shall,upon
the cessation of the cause,diligently pursue performance of its obligations under this contract.
12. Compliance with Applicable Law. Contractor and its subcontractor(s)shall comply with all federal,state,and
local laws and ordinances applicable to the work performed under this contract including,but not limited to the
following,as applicable: Title VI of the Civil Rights Act of 1964,Section V of the Rehabilitation Act of 1973,the
Americans with Disabilities Act of 1990(Pub L No. 101-336),ORS 659.425 and all regulations and administrative
rules established pursuant to those laws;and all other applicable requirements of federal and state civil rights and
rehabilitation statutes,rules and regulations.
13. Oregon Registration. If Contractor is not domiciled in-or registered to do business in the State of Oregon,
Contractor shall promptly provide to the Oregon Department of Revenue and the Secretary of State Corporation
Division all information required by those agencies relative to this contract.
14. Publicity. Contractor shall not use in its external advertising,marketing programs or other promotional efforts,.any
data,pictures,or other representations of the County except on prior specific written authorization from County
management.
15. Survival. The terms,conditions,representations,and all warranties contained in this contract shall survive the
termination or expiration of this contract.
16. Counterparts. This contract may be executed in several counterparts,each of which shall be an original,all of
which shall constitute one and the same instrument.
17. Warranties.Contractor represents and warrants to County that:(a)Contractor has the power and authority to
enter into and perform the contract,(b)the contract,when executed and delivered,shall be a valid,and binding
obligation of Contractor enforceable in accordance with its terms,and(c)Contractor's performance under the
contract shall be in a good and workmanlike;manner and in accordance with the professional standards.
18. Records. Contractor shall maintain all fiscal records relating to tows performed under this contract in accordance
with generally accepted accounting principles. In addition,Contractor shall maintain any other records pertinent to
this contract in such a manner as to clearly document Contractor's performance hereunder. Contractor
acknowledges and agrees that County and its duly authorized representatives shall have access to such fiscal records
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and all other books,documents,papers,plans,and writings of the Contractor that are pertinent to this contract. All
such fiscal records,books,documents,papers;plans,and writing shall be retained by Contractor and kept accessible
for a minimum of three years,except as required longer by law,following final payment and termination of this
contract,or until the conclusion of any audit,controversy,or litigation arising out of or related'to this contract,
whichever date is later.
19. County Policies. During the performance of thi&contract,Contractor shall follow County's Affirmative Action
Program which is to promote the objectives of the Equal Employment Opportunity Commission's guidelines as set
forth in the Equal Employment Opportunity Act of 1972,Oregon State Laws,legal mandates,and Presidential
Executive Order 11246 entitled Equal Employment Opportunity as amended by Executive Order 11375 and as
supplemented in Department of Labor Regulation 41 CFR part 60. Contractor shall also follow the County
Harassment Free and Violence in the Workplace Policies. All subcontracts shall also comply with these provisions.
20. Public Contracting Statutes.
20.1 All requirements of Oregon Revised Statutes Nos.279.310 through 279.430,Public Contracting,including
but not limited to the following,as applicable,are incorporated herein by reference:
a.ORS 279.314,concerning payment of claims by public officers;
b.ORS 279.316,concerning hours of labor;and
c.ORS 279.320,concerning payment for medical care.
20.2 The Contractor agrees to:
a. Make payment promptly,as due,to all persons supplying,to Contractor,labor or material for the
prosecution of the work provided for in this contract;
b. Pay all contributions or amounts due the Industrial Accident Fund incurred in the performance of
the contract:
C. Not permit any lien or claim to be filed or prosecuted against the County on account of any labor or
material furnished pursuant to this contract;and
d. Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.
21. Use of County Facilities. Contractor and its employees or agents shall have the right to use only those facilities of
County that are necessary to perform the services under this contract and shall have no right of access to any facility
of the County without prior approval of County management. County shall have no responsibility for the loss,theft,
mysterious disappearance of or damage to equipment,tools,materials,supplies,and other personal property of
Contractor or its employees,subcontractors or agents which may be stored on County premises.
22. Amendment. This contract may only be amended by a written amendment signed by authorized agents of both
parties.
23. Whole Contract. THIS CONTRACT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT
OF THE CONTRACT BETWEEN THE PARTIES THE PURPOSE DESCRIBED HEREIN AND
SUPERSEDES ALL PRIOR AGREEMENTS OR PROPOSALS, ORAL OR WRITTEN, AND ALL
OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF
THIS CONTRACT.
59
Attachment'10 Rates
TOW RATES FOR
WASHINGTON COUNTY SHERIFF'S OFFICE
NON-CONSENSUAL TOWS
2007 — 2008 Rates
Service Maximum
Dolly 40.00
Recovery minimum 60.00
Recovery per hour 110.00
Mileage 5.00
Standby time* per % hr 25.00
--Storage Fee Outside 30.00
Storage Fee Inside (only if 35.00
requested by impounding
agency or citizen)
Hook-up (any tow except 130.00
disabled motorist)
Hook-up Disabled Motorist 68.00
After hours gate fee 40.00
Clean up fee per 1/4 hour* 25.00
*(after initial '/4 hour at
scene)
Hook-up rates are for Class A Vehicles, Class B and Class C are to be charged at
reasonable rates for the Industry in the Portland Metropolitan Area.
60
Attachment 11 Vehicle Release notification to Contracted Dispatcher
VEHICLE RELEASE NOTIFICATION
COMPANY
TOW DISTRICT - DATE
Please print legibly
TOW NUMBER REL.CODE REL. TIME PLATE OR VIN
1.
2.
3.
4.
5.
6.
7.
8.
10.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
Release Codes: RO—RELEASE TO OWNER, L—LIEN,T—SURRENDERED TITLE
Releases shall be reported to the contracted dispatcher DAILY with the previous day's releases only.
61
Attachment 12 Vehicle Release Requirements
Washington County Towing Procedures Manual
Vehicle Release Requirements
Type of Tow Release Law Documents
Requirement Enforcement Required for
Fee Police Release
Abandoned No,Release NA NA
Hazard/No Hold No Release NA NA
Collision/Disabled
Motorist
Evidence RELEASE REQ Depends on Proof of ownership,
reason vehicle insurance, valid ID
taken as evidence
Stolen Vehicle RELEASE REQ NA Respective to agency
ORS 813.010 RELEASE REQ FEE Proof of ownership,
DUII respective to insurance, valid DL
agency
ORS 806.010 RELEASE REQ FEE Proof of ownership,
Driving Uninsured respective to insurance, valid DL
agency
ORS 811.175 or RELEASE REQ FEE Proof of ownership,
811.182 respective to insurance, valid DL
Driving while agency
Suspended DWS
ORS 807.010 RELEASE REQ FEE Proof of ownership,
Operating without respective to insurance, valid DL
driving privileges or agency
in violation of
license restrictions
Other applicable RELEASE REQ FEE Proof of ownership,
City or County respective to insurance, valid DL
Ordinance* agency
*Ordinance: There are other applicable ordinances in cities throughout Washington County which
allow for towing. When applied, the officer should indicate that the tow is an 'ordinance" tow.-
Requests for PROPERTY from a Towed Vehicle:
If subject wishes to remove property from the vehicle (where a vehicle release would be required if
subject was claiming the vehicle), a property release issequired. Must provide proof of ownership.
Note: Insurance agent may view or photograph the vehicle showing proof of agent identification
during business hours or gate fee may be charged.
62
I
4 {i ar K" !Y _il ..37117A aM aM1L
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IN
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Washington County Contract# 0A 0z__z421y2
Contract Review Committee worksheet Assigned by Purchasing
Blanket Purchase Order Number
–T&es: CA-Count Administrator Executes BCC-Board of Commissioner Executes.
- - — — – — – — – —
�
_ - - NOTE_' Please review all instructions on the back.of this worksheet before you begin processing.- - --- - - - - - - - - - - - - - - - - - -
1.Department/Ship To: John L.Gilman %Sheriffs.Office 2:Date: 12/1/04
3.Administrator/Bill To: John L.Gilman f Sheriffs Office 4.Phone: 2530
5.Type of Contract: X(1)Intergovt'1 Agreement ❑(G)Purchase of Goods ❑'(C)Construction
❑(P)Personal/Professional Services ❑(L)Lease Agreement (0)Other.
❑(A)Amendment/Change Order(list original contract number: )
6.Minute Order Number Bid/RFP# MGP Category#
7.Description of Contract IGA with Tigard Police Dept.to provide tow coordination services to the City.
8.Name of Contractor,Lessor,Vendor Tigard Police Department WISARD Supplier# NA
9.❑MBE ❑WBE ❑DBE ❑ESB(as certified by State of Oregon-Office of Minority,Women&Emerging Small Business)
10.Employer ID#(required for company or corporation)or SS#(required for contracts with an individual):
11.Effective Date: Upon execution 12.Termination Date: 12/31/06
13.Original Contract Amount: $NA 17.❑Retainage: $
14.Total of Previous Amendments: $ 18.❑Expenditure $
15.This Amendment: $ ❑Revenue $
16.Total Amount of Contract: SNA 19.Chargeable Program#:NA
20.Source of Funds:NA 21.Payment Terms(monthly installments,progress payments,etc.):NA
22.Remarks This,IGA provides tht Washington County will provide tow coordination services for the Police-Dept. There is no chargefor this service as
the County already provides these services County wide.
Imo.C P�C�f► �r r�
Check Off List for Attachments in Order of Appearance: c�
8 A copy of the Board agenda item and minute order number for this.agreement(if one is applicable). DEC e7 Z00�
Insurance Certificates(if applicable,naming the County as additional insured). COUNTY COUNSEL.
8 A minimum of three copies of the contract,all with original contractor's signature(s).
One copy of either the quote sheet OR justification selection memo OR Invitation to Bid document OR do �n
If Bid or RFP—one copy of the contractor's Bid/Proposal Form Packet.
A performance and payment bond(if applicable).
Contract Administrator certifies that no changes have been made to the attached County standard contract.
Contract Administrator's Signator
If7-� L•
23.Signature Route: 1.Department Head: Date !IV/ J Diz-
Hry r LNr yflu
2.Purchasing Supervisor: Date 12- ' /V
3.County Counsel: Date
4.County Administrator's Office: Date
CONTRACT 'nD BY BOTH PARTIES BEFORE WORK CAN COMMENCE
DEC 0 12004
Revised June 10,2002 WFl3tltivimiy)UNTY
PURC�iASlNG DIVISION
L.J7 a
INTERGOVERNMENTAL AGREEMENT RECD DEC 012004
FOR TOWING COORDINATION SERVICES
This Agreement is entered into,by and between Washington County, a political subdivision of the State of
Oregon, and' City of Tigard
WHEREAS''ORS 190:010 authorizes the parties to enter into this Agreement for the performance of any or
all functions and activities that a party to the Agreement has authority to perform.
Now, therefore,.the parties agree as follows:
1) The effective date is: January 1,2005, or upon final signature,whichever is later.
The expiration date is: December 31, 2006;unless otherwise amended.
2) The parties agree to the terms and conditions set forth in Attachment A,which is incorporated
herein,and describes the responsibilities of the.parties,including compensation, if any.
3) Each party shall comply with all applicable federal, state and local laws; and rules and regulations on
non-discrimination in employment because of race,color,ancestry,national origin, religion, sex,
marital status,age,medical condition or handicap.
4) To the extent applicable,the provisions of ORS 279.312, 279.313,279.314,279.316, 279.320 and
279.334 are incorporated by this reference as though fully set forth.
5) Each party is an independent contractor with regard to each other party(s)and agrees that the
performing party has no control over the work and the manner in which it is perfonmed. No party is
an officer, agent.or employee of any other.
6) No party or its employees is entitled to participate in a pension plan,insurance,bonus,or similar
benefits provided by any other party.
7) This Agreement may be terminated,with or without cause and at any time,by a party by providing
30 days written notice of intent to the other party(s).
8) Modifications to this Agreement are valid only if made in writing and signed by all parties.
9) Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS
30.260 to 30.300,and the Oregon Constitution, each party agrees to hold harmless, defend, and
indemnify each other, including its officers, agents, and employees, against all claims, demands,
actions and suits (including all attorney fees and costs)arising from the indemnitor's performance
of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that
party. City specifically agrees, subject to the limits of the Tort Claims Act and.the Oregon
Constitution, to indemnify and defend County for any claim, demand,action or suit.arising from
any City policy,practice,procedure or custom,and any claim,demand, action or suit which alleges
that a tow ordered by a City officer was improper or without authority.
PAGE 1 OF 2 - INTERGOVERNMENTAL,AGREEMENT cnrcoNTRAcreanWASTeecorieswowwNsuon-n-v-ve
10) Each party shall give the other immediate written notice of any action or suit filed or any claim
made against that party that mayresult in litigation in any way related to this Agreement.
11) Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282,
for the duration of this Agreement at levels necessary to protect against public body liability as
specified in ORS 30.270.
12) Each party agrees to comply with all local, state and federal ordinances, statutes, laws and
regulations that are applicable to the services provided under this Agreement.
13) This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article
XI, Section 10 of the Oregon Constitution, and is contingent upon funds being appropriated
therefore.
14) This writing is intended both as the final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement.
WHEREAS, all the aforementioned is hereby agreed upon by the parties and executed by the duly
authorized signatures below.
Juris�rtdi onu
SignatU16 Date
a,1C4
Printed me Title
Address:
WASHIN O C NTY:
l2 '�O ' n'Y
Signa a Date
Dave Maertens Sr. Deputy County Admin.
Printed Name Title
Address:
Mail Stop#
Hillsboro, OR
PAGE 2 OF 2 - INTERGOVERNMENTAL AGREEMENT GmcoNTRAcrFRMNMTERCOPIEswowwNsuca-11.9-9e
ATTACHMENT A
Statement of Work/Schedule/Payment Terms
Washington County agrees to provide Tow Coordination Services to Tigard Police
Department_(hereinafter Contract Agency) for the duration of this contract. These
services shall consist of-
1)
f1) Providing a Tow Coordinator to oversee contracts with tow firms and
administer the Towing Procedures Manual, including enforcement of
suspension and termination provisions.
2) Conducting background checks on all tow drivers and related tow employees
as required by the Towing Procedures Manual.
3) Complaint handling,from citizens and other agencies
4) Conducting tow lot inspections and inspections of towing equipment
5) Define tow areas.and administer rotational tow lists with contracted
dispatcher.
6) Maintain and administer contract with contracted dispatcher.
7) Providing periodic reports to contract agencies regarding number of tows,
average response times and other information as,agreed.
In consideration of Washington County providing the above services, City agrees to
notify Washington County of any tow issues or complaints arising from a non-consensual
law enforcement tow, and to fully cooperate with County in investigating these
complaints. City also agrees to utilize towing policies and procedures which are
compatible with the Towing Procedures Manual and do not conflict with the provisions
of the Manual or the contract between Washington County and contract tow firms.
These services do not include, and City shall remain solely responsible for the following:
1) Conducting hearings under ORS 809.716 or other statutes on impoundment of
vehicles towed by City officers, and paying for any tows by City officers
which are found to be improper.
2) Providing any required notice of impoundment or towing, including but not
limited to notice under ORS 819.180, 809.720 or 809.725.
Washington County will maintain rotational tow lists for each area,but will not create or
administer a tow list for an individual agency.
WASHINGTON COUNTY SHERIirr' S OFFICE
"Conservat.o"rs of the Peace "
Sheriff Rob Gordon Undersheriff David Hepp
November 2, 2004
Lt. Darwin Deveny
Tigard Police Department
13125 SW Hall Blvd
Tigard OR 97223
Re: Intergovernmental agreement for Towing Services
Lt. Deveny:
I am returning the intergovernmental agreement for towing services that we received from
,you this week. I was not unable to forward this onto our contract review board as there are
some discrepancies in the paperwork. I have printed out three (3) contracts for you with all
of'the corrected information on them. If you would please forward these agreements to the
appropriate person for signature, I would greatly appreciate it.
They must be signed and dated the same day. In addition,.the intergovernmental agreement
(IGA) for towing services must be signed by the governing body(normally the City Council
Mayor) of each jurisdiction to be binding. In some instances, that authority may be
delegated. If the City has delegated the authority to the Chief to enter into these agreements,
please attach a copy of that delegation of authority along with your signature page. If that
authority has not been delegated, please forward the IGA on to the governing body"for
signature.
I do apologize for any inconvenience that this has caused. Please let me know if you have
any questions or concerns. Thanks for all of your assistance in this matter.
Sincerely,
Melaney Koch
Records Supervisor
Records Dept. 215 SW Adams Avenue, M'S #32 • Hillsboro, OR 97123-3874
phone 503 . 846.2524 fax 503 .846.2719
s,Darwin Deveny 2005-2006 tow proceA-lres manual.p Page 1
�j
Washington County
Sheriff's Office
Towing Procedures Manual
September 2004
Prepared by: Assistant County Counsel Elmer Dickens,
Melaney Koch; Records Manager, and Tamara Markle, Tow Coordinator
with the aid and advice of law enforcement and towing companies in Washington County
Darwin Devenyy 2005 2006 tow proce,4 res manual 01 Page 2
Table of Contents
SECTION I DEFINITIONS 1
SECTION II INTRODUCTION
Purpose 6
SECTION III SPECIFICATIONS
Equipmentand Tow Vehicles
Towing Equipment 7
Class,A Tow Truck(Small) 8
Class B Tow Truck(Medium) 9
Class C Tow Truck(Large) 9
Condition of tow vehicles 10
Facilities
Dispatching Facilities 10
Storage Facilities 11
Business office facilities and operations 12
Personnel
Certification for Operators/Drivers 13
SECTION IV TOW ROSTER
Rotating Tow Roster
Initial Registration 15
Applications 15
Reporting Changes 16
Inspection 16
Registration/expiration dates 17
Registration renewal 17
Non-assignability 17
Changes to Application
Owner or Employee status changes 17
Equipment status changes 18
Tow Area Designation
Qualifications 18
Procedures 20
SECTION V OPERATIONS
Types of Tows
Rotation Tow 21
Police Tow 21
Forfeiture Mission Tow 22
Penalty Tow 23
Road Service for Sheriff Vehicle 23
Dispatch
Information provided to Tow Companies 23
Safety Hazard 24
Customer Tows 24
Abandoned Vehicle Tows 24
Sheriffs Re-tows 24
Gone on Arrival 24
Response time report 25
Rotation Lists
Types of tow trucks and equipment needed—rotation lists 25
Tow Finn
Tow Firm responsibilities 25
Passing.on a tow.order 26
iorii
Darwin Deveny 2005.2006 tow proce,4-res manual pdf Page 3''
Property Inventory and Condition Report. 26
Release procedures 27
Inspection and Retention of Records 29
SECTION VI FEES
Compensation to Contracted Dispatcher 31
Sherrffs'Service Fee 31,
Commensurate Rate, Payment, and Terms 31
LIST OF ATTACHMENTS 34
Approved Invoice Form,with inventory section and important
rights information 35
Supplemental Inventory Form 36
Confidentiality Agreement 37
Service Fee Invoice 38
Complaint Handling Procedures 39
Complaint Form 40
Disposition Sheet for 24-Hour Abandoned Tow 41
Tow Services Application 42
Tow Services Contract 49
Towing Contract Terms and Conditions 56
Rates 59
Vehicle Release notification to Contracted Dispatcher 60
Vehicle,Release Requirements 61
Tow District Map 62
iiof ii
€=Darwin Deveny-_2005-2006 tow pr9c6,4 -res manual pdf Page 4,
I. DEFINITIONS
For the purposes ofthe Washington County Sheriffs Office Towing ,Policy (1401-R01) and this
incorporated Towing Procedures Manual, certain terms; phrases; words, abbreviations and their
derivations shall be construed as specified in the Towing Policy and this Towing Procedures Manual.
Words used in the singular include the plural and the plural the, singular. Terms, phrases, words,
abbreviati ons and their.derivatives used, but not specifically defined in this Towing Procedures
Manual,either shall have the meanings defined in the State of Oregon Motor Vehicle Code, or if not
therein defined, shall have the meanings commonly accepted in the community.
A. "Abandoned" or"Abandoned vehicle" -as defined by the Washington County
Sheriffs Office Policy, city or county ordinance and Oregon State law.
` B. "Administrative Release form" (Release) -A document issued by a law enforcement
agency or district court authorizing the release ofanon-consensu al towed vehicle to the
person entitled to possession of the vehicle as defined by Oregon State law. Also
called "Records Division Vehicle Release Form".
C. "Business Records" -Those records maintained by the contracted tow or recovery
business that relate to non-consensua I tows.
D. "Commensurate Rates" -The rates established for that year by the Washington
County Sheriff in conjunction with the parameters outlined in the Towing Procedures
Manual.
E. "Contracted dispatcher" -The agency or business under contract with the
Washington County Sheriff to provide dispatching services to the private tow firms
approved for.non-consensual towing services. -
F. "Contract Law Enforcement Agency" means a law enforcement agency which has
contracted with Washington County to provide Towing Coordination Services, whether
by intergovemmenta 1 agreement ,or otherwise.
G. "Dispatching facilities" -The facilities used by tow firms for maintaining radio contact
with tow vehicles.
H. "Drop Fee" -The fee assessed when a vehicle is released to the registered owner/
owner's agent, prior to completion of the hookup.
I. "Gate Fee" -Fee assessed for access to a vehicle, whether for release or retrieval of
personal effects, on holidays recognized by the State of Oregon, Saturdays and
Sundays, or before 8:00 am or after 6:00 p.m. Monday through Friday.
J. "Gone on Arrival (GOA)" -When the vehicle requested to be towed has been moved
prior to the contracted Tow firm's arrival at the tow scene.
K. "Manual" -This Towing Procedures Manual, which is incorporated within the
Washington County Sheriffs Office Towing Policy(1401-R01).
L. "Mission Tow' -A large-scale police operation to stake out known locations of illegal
activity, arrest suspects and seize their vehicles.
M. "Non-consensual Tow"-A tow in which law enforcement personnel have requested
the tow for police purposes, including Police tows, Mission tows, abandoned vehicle
tows, and other tows as discussed under "Tows, types" within this manual.
Page
VDarwin Deveny 2005-.2006 towW proce,' ,res manual pdf� � Page 5
N. "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.
O. "Owner"-when referring to the owner of a vehicle as defined in Oregon Revised
Statutes (ORS) 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, for purposes of this Manual, shall be considered the person to
whom the.vehicle is registered according to the State Motor Vehicle Division's records.
P. "Owner's agent"_-A person with notarized written authorization by a vehicle owner to
have access to the vehicle.
Q. "Permit" -The permit defined by Oregon State law regarding towing.
R. "Personal Effects" - Property within a vehicle that is not bolted, fastened, snapped
into place or otherwise attached to the vehicle.
S. "Police Hold" -Any tow or storage requested by a law enforcement agency for any
vehicle subject to seizure pursuant to legal process; orany vehicle towed and stored
on behalf of law enforcement agency, when such storage will require authorization
from said agency before the vehicle may be released.
T. "Policy" -The Tow Policy(1401-1301) as adopted by the Washington County Sheriff,
which incorporates this Towing Procedures Manual and any approved changes,
attachme nts, oramendments as part of the Tow Policy.
U. "Qualified Driver" -A person registered as a tow truck driver employed by a Tow
Contractor and possessing the following:
1. Current valid operator's license issued by the state of residence, and
2. Sheriff's Office criminal background approval.
3: Signed confidentiality agreement
V. "Recovery Time" —Any time spent uprighting, winching, securing, and/or rotating a
vehicle in preparation of hooking up a vehicle to tow to a location. A vehicle that is
accessible by a tow truck backing up to directly and hooking up does not qualify as
being recovered. A vehicle that is located in a position; i.e. up a driveway or on a curb,
where the keys are in the vehicle, the vehicle is safe, and the tow truck driver is able to
drive the vehicle to a location where it can be hooked up, does not qualify as being
recovere d.
W. "Releases", types:
1. D: Dismantling Certificate.
2. DROP: Release of vehicle when the owner/owner's agent returns to the
tow scene before the hookup is completed.
3. ELSEWHERE (ELSE): Delivery of vehicle as Private Non-Preference
towto a location ofthe owner's orowner's agent's choice, other than the
Tow firm's storage yard.
4. LIEN: Release by means of asserting a possessory lien.
5. MOVE: Request for moving vehicles at an Agency facility.
Page 2
Darwin Deveny 2005-2006 tow_procerlores manual pdf Page 6;
6. PREF: Release of Private Preference tow atthe owner's/owner's agent's
choice of location.
7. RELEASE TO OWNER (RO): Release of vehicle to the owner/owner's
agent.
8. RE-TOW: Request for removal of vehicle from a formal Police Hold storage .
at law enforcement agency operated facilities to another location.
9. SERVICE: Providing road service to a law enforcement agency vehicle:.
10.STOLEN: Stolen from the Tow firm's storage lot.
11.T: Title surrendered in lieu of payment of fees.
12.TBTH: Tow by the Hour.
X. Response types:
1. "Expedited Tow Request" -A request by a law enforcement agency for a
towofa Hazard asoutlined in this Manual.
2. "Routine Tow Request" -A tow requested with no special instructions.
3. "Special Response Request" -A tow request requiring an escort by an
Agency Police vehicle.
Y. Rotations, types:
1. "Regular Rotation" -The system established by the Washington.. County
Sheriff for evenly allocating Class ATow requests to Tow firmswithin'each
tow district as outlined in this manual.
2. "Abandoned Vehicle Rotation"—The system established by a law
enforcement agency for evenly allocating abandoned vehicle tow requests to
tow firms within each tow district. Tow firms are not allowed to "pass" on
these tow requests.
3. "Special Rotations" -The systems established by law enforcement
agencies for allocating Tow Requests requiring specialized equipment
including Class Band Class C tow trucks.
Z. "Sheriff'-The Sheriff of Washington County and any law enforcement personnel,
other personnel under his authority or agent.
AA. "Standby Time" —Accumulation 'begins after the tow truck arrives on scene and is
ordered by law enforcement personnel to wait to hook up a vehicle due to any need
requiring that the vehicle not be disturbed until law enforcement personnel complete a
task and release the vehicle to the tow truck driver.
BB. "Storage facilities" -The area used by tow firms for storing towed vehicles.
CC. "Storage Services" -Services provided by a Tow firm, which include protection and
storage of vehicle and its contents after towing at the request of law enforcement
agency pursuant to this Manual. Such storage shall be in a secure facility, as defined
in this Manual. These services may also include covering a vehicle with a tarp in case
of inclement weather, inventorying personal effects, and removal of valuables for
safekeeping.
D D. "Storing" -To hold a towed vehicle by a tow firm as defined above in "Storage
Services".
Page 3
-- .,.
Darwin Deveny-2005-2006 tow _procerl,qes manual pdf Page 7
EE. "Tow" -To mechanically draw, pull or haul a vehicle by use of a' tow truck. A hook-up
is,complete, and full towing fee is assessable, when the Tow firm 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
automatic transmission is in gear, and'the tow truck is moving forward.
FF. "Tow area" -Any of.the geographical areas of Washington County as shown in
Attachment,11, attached hereto and by this reference incorporated herein.-
GG. "Tow By The Hour(TBTH)" The term for assessment of an hourly fee for courtesy
towing.
HH. "Tow Coordinator" -Staff to the Washington County Sheriffs Office. The Sheriffs
Office employee(s) designated to coordinate the inspection of equipment and facilities,
review applications, assess penalties, audit records, resolve complaints, and represent
the Washington County Sheriff.
II. "Tow Firm" -Any qualified towing and/or recovery business which holds a current,
valid towing business certificate and has been placed on the "Regular Rotation" tow list
by the Washington County Sheriff pursuant to this Manual.. A tow company, which is
party to this Manual, its agents and employees, including all principal parties, such as
its officers, directors, shareholders and managers. In regards to penalties imposed,
conditions, liabilities, and any other portion of this Manual deemed relevant, this shall
include any new corporation partnership, sole proprietorship or organization of any kind
which includes a substantial portion of former tow firm's assets or personnel.
JJ. "Tow Request" -A request for any ofthe services defined by this Manual.
KK. "Tow Roster" or"Roster" -The list of Qualified Tow Firms for each tow area and
vehicle class produced by the Washington County Sheriff pursuant to this Towing
Procedures Manual.
LL. "Tow vehicle" -Atow truck equipped to perform the towing of automobiles,
motorcycles, or other motor vehicles, and which has a minimum of one-ton
manufa cturer'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".
MM. "Towed,Mile" -The actual distance, measured in miles,that a vehicle is towed by a
tow vehicle.
NN. "Towing"-To draw or pull along'a vehicle by means of another vehicle equipped with
booms, car carriers, winches or similar equipment with orwithout, the prior consent of
the vehicle owner.
00. "Towing Services" -Services performed by Tow firms defined in this Manual,
including :all types of vehicle towing, winching and recovery, dollying, disabling drive
lines, securing unstable loads, clean up at accident scenes, moving cars atthe police
storage- facility, storage, and/or disposal of unclaimed vehicles.
PP. "Tows",types :
1. Abandoned Vehicle: Any tow so designated by the Oregon Revised
Statutes and a law enforcement agencies abandoned vehicle program.
2. Class A: 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 Class Atow truck.
Page 4
Darwin Deveny 2005-2006_tow procerl-gyres manual Of w W flail Page 8
3. Class B: A tow, or service request, of vehicle exceeding 10,000 Gross
Vehicle Weight Rating (GVWR) which requires a Class B tow truck.
4. Class C: A tow, or service request, of a vehicle exceeding 20,000 GVWR
that requires a Class C tow truck.
S. Penalty Tow: A tow ofa'vehicle for parking violation where no release is
required'. These include tows from tow away zones, tows of hazardous
vehicles and tows for illegal parking.
6. Police Tow:A vehicle towed by the direction of law enforcement, such as
recovered stolen, pursuant to arrest, Oregon Revised Statutes Chapter 809,
formal or temporary Police Hold, orotherwise designated as Police tow by
a law enforcement agency. Not all Police tows will require written releases
by a law enforcement agency (see Attachment 14, Vehicle Release
Requireme nts).
7. Private Non-preference Tow: The towing of vehicle in which the owner
does not express a preference for a particular Tow firm, and the tow is not at
the direction of law enforcement.
8. Re-tow: Removal ofa vehicle towed asa Police, Penalty, or Abandoned
Vehicle tow to or from a law enforcement -operated storage garage or any
other location at the direction of law enforcement.
9. Road Service: A request for road service on an Agency-owned vehicle;
limited to tire changes, jump starts; winch outs, and delivery of up to two (2)
gallons of gasoline.
QQ. "Vehicle" shall be defined as in Oregon State Law and Washington County Code.
RR. "Vehicle description" -A description of vehicle including ata minimum the license
information, issuing state, make, model, year, color, body style, and vehicle
identification number (VIN.).
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Darwin Deveny 2005-2006 tow procerlres manual pdf P9.e._1..'.9.,,'
II. INTRODUCTION
PURPOSE
The purpose of this Tow Procedures Manual is to implement the Tow Policy(1401-R01) asadopted
by the Washington County Sheriff. The Sheriff is responsible for coordinating and overseeing non-
consensual tows requested by law enforcement in performance- of their duties. This manual sets
forth-detail ed requirements applicable to tow firms who contract to be voluntarily included in the
roster of tow companies available to do non-consensual tows. The Tow Policy and this Manual do
not apply to, or regulate, any aspect of tow operations by any tow company for tows other than non-
consensual tows by the Sheriff's Office and other law enforcement agencies; operating in agreement
with this manual. This manual does not create any property or liberty interest in towing services. The
Sheriff, at his/her sole discretion, may revoke or revise the Tow Policy or this Manual, terminate the
tow roster, or put out a Request for Bid to contract with one or more tow companies to provide all
necessary tows at any time.
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III. SPECIFICATIONS
EQUIPMENT AND TOW VEHICLES
TOWING EQUIPMENT
Tow firms that are approved to be part of the towing rotation lists as outlined in this Manual shall
maintain towing equipment according to the following specifications. All equipment shall be
maintained in good working order and in accordance with this Manual and Oregon State law
applicable to equipment used for towing and recovery operations. Tow equipment shall be approved
to perform work related to this Manual by a person appointed by the Washington County Sheriff to
perform such inspections and may only be used in the tow area that the equipment is registered in
based upon the initial application in relation to non-consensua I tows. If tow equipment needs to be
transferred to another tow area, notification to and the approval of the Washington County Sheriffs
Office must occur prior to the equipment reassignment.
A. Towing equipment minimums for all tow vehicles. All tow vehicles shall be
equipped with all of the following:
1. Inspection sticker provided by the Washington County Sheriffs Office indicating
the vehicle has passed inspection, date of inspection, and identification number
for truck.
2. Permanent, non-magnetic labeling on each side door of the vehicle with the Tow
Firm'sname, City, and State. Tow Firm's name shall be the most prominent
marking on the vehicle, in letters not less than three (3) inches high. City and
State shall be in letters not less than one (1) inch high.
3. A light mounted behind the cab of the tow truck, which is capable of illuminating
the area of the tow scene under dark, rainy, foggy conditions, and/or dangerous
conditions.
4. Afour-way emergency flashing system and at least one flashing amber light(or
other color permitted by State law), at least five,(5) inches in diameter, mounted
high on the tow truck. These flashing lights may be used when responding to a
tow scene if so directed by law enforcement as outlined in this Manual.
5. Thomas Guide Map, not more than two years old or an acceptable equivalent
map of the tow area.
6. Portable auxiliary brake lights, emergency flashers, tum signals, and taillights
with protective pads/covers on the bottom, for use on vehicles being towed.
Roll-beds are exempt unless towing a second vehicle.
7. Afire extinguisher with an Underwriter's Laboratory rating of at least 25B-.C.
8. A broom, shovel, container for accident debris, 5 pounds of grease and fluid
absorbent material and any other equipment or materials necessary to clean up
an accident scene in accordance with Oregon State and local law(ORS
822.225). The broom shall be at least twelve inches wide and have a handle at
least four feet long. The shovel shall be a flat scoop type with a minimum width
of seven inches and overall length of at least three feet.
9. Carry warning signs or signals as required by Oregon Law (OR S 822.220)
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10. At least six(6) flares or other emergency reflective devices.
11. Have two ormore wheel chocks:
12. Tires, adequate in size and rating for the size and weight of the tow truck, with
not less than 3/32nds inch of tread and mounted on rims secured with the
manufacturer s recommended number of lug nuts.
13. Tuw-way radio equipment, or other forms of communication ,capable of
communicating with the company dispatcher. The radio equipment will be
approved and licensed by the FCC in accordance with laws relating to tow
trucks. Citizen. band radios are not acceptable.
14. Atow sling,wheel lift,car carrier or other comparable devise made of material
designed to protect vehicles and motorcycles while being towed.
15. One snatch block per cable or an equivalent.
16. One pinch bar or equivalent with a minimum diameter of three quarters of one
inch and not less than three feet in length.
17. At least 100 feet of wire rope with a safe working limit of at least 3,500 lbs. as
established by the American Society of Mechanical Engineers. All wire rope or
cable lengths shall be measured from the point of attachment on each drum.
Cables shall meet the following requirements:
a. Each cable orwire rope shall be capable of being fully extended. from and
fullywound onto itsdrum.
b. Cables orwire ropes shall be free from the following defects or
conditions:
L There shall be no more than six randomly distributed broken wires
in one rope lay, or more than three broken wires in one strand in
one rope lay.
ii. There shall be no evidence of any heat damage from any cause.
iii. There shall be no end attachments that are cracked, deformed,
wom or,loosened.
iv. Where a wire rope is attached to a hook with clamps instead of
being swaged, a minimum of three clamps shall be used on end
attachment s. Clamps shall be spaced at least six rope diameters
apart and attached with the base or saddle of the clamp against
the longer or"live" end ofthe rope. The "U" bolt will be placed
over the short or"dead" end of the rope and will be of the proper
size.
18. Tools and equipment for providing minor repairs, including tire changing
equipmen t,jumper cables, and gasoline can orother gasoline-transfe rring
device.
19. An assortment of trailer ball hitches to fit most types of trailers.
B. Class A Tow Truck (Small)
This class identifies tow trucks that are capable of the towing and recovery of passenger cars,
unloaded pickup trucks up to %ton, small trailers orequivalent vehicles weighing less than
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10,000 pounds.
Class Atrucks may be wheel-lift, roll-bed or sling trucks. All equipment used in conjunction
with this class of tow truck must be compatible with the manufacturer's basic boom rating and
must comply with current state laws regarding tow trucks of this size.
In addition to the equipment.requirements for all trucks, all trucks in this class shall have:
1. At least ten thousand pounds manufacturer's gross vehicle weight rating.
2. Aminimumofone hundred feet of3/8 inch continuous length cable.
3. Sixton boom rating dual or single boom with dual or single winches to control a
minimum of one service cable .
4. Dual tires on the rear axle orduplex type tires, also referred to as super single,
with a load rating that is comparable to dual tire rating .
5. One portable dolly, or an equivalent, for hauling vehicles that cannot be towed
the customary way. The equipment should protect the vehicle from incurring
any damage.
Roll-beds shall be considered Class Avehicles, regardless ofGVWR and shall be equipped
as a Class Atruck with the following exceptions:
1. Roll-beds shall have at least 35 feet of wire rope.
2. Roll-beds shall not be required to carry dollies.
3. Roll-beds may be approved for transport of more than one vehicle if equipped
with a wheel-lift and portable auxiliary brake lights, emergency flashers, turn
signals, and tail lights with protective pads/covers on the bottom, for use on
vehicles being towed.
C. Class B Tow Truck (Medium)
Class B Tow Trucks are, capable ofthe towing and recovery of medium size trucks, trailers,
motor homes, orequivalent vehicles weighing atleast 10,000 pounds. This class of tow truck
may be either wheel-lift or under lift trucks.
If the truck weighs more than 23,000 pounds GVWR, the truck is not required to carry dollies
Wien doing heavy towing. Equipment that is required in addition to that required for all tow
trucks includes:
1. Seventeen thousand pounds minimum gross vehicle weight rating.
2. Ten-ton minimum hoist rating.
3. A minimum of 150 feet of seven-sixteen the inch cable. A minimum of 100 feet
of this must be continuous.
4. Appropriate tools and equipment for removing a driveline.
D. Class C Tow Truck (Large)
Class C Tow Trucks are capable of the towing and recovery of large size trucks, trailers,
motor homes, or equivalent vehicles weighing at least 20,000 'pounds. This class of truck may
include wheel lift or roll back cable trucks.
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Equipment that is required in addition to that required for all tow trucks includes the following
list. Portable dollies are not required.
1. Forty-four thousand pounds minimum gross vehicle weight.rating
2. Twenty-five ton minimum'hoist rating
3. Minimum of 150 feet of cable, with a minimum offive-eighths inch diameter
4. Tandem rear axle truck chassis (three axle truck)
5. Airbrakes and an air system capable of supplying air to the towed vehicle
6. Appropriate tools and equipment for removing a driveline.
E. Condition of tow vehicles:
1. Tow trucks used for non-consensual towing services will have passed all
necessary inspections.
2. Tow trucks will be maintained in good working condition and in accordance with
this Manual and all Oregon State laws applicable to the towing and recovery of
vehicles.
3. All tow trucks used in the performance of non-consensua.I towing will be
maintained ata level ofgeneral condition which includes:
a. Cab interior free ofdirtand grease
lo. Complete instrumentation
C. Complete interior panels
d. Clean and working passenger seatbelts
e. Exterior paint intact
f. Non smoking when transporting passengers in conjunction with towing
se rvi ce s
FACILITIES
DISPATCH ING, STORAGE, AND BUSINESS OFFICE FACILITIES
A. Dispatching facilities. A tow firm shall have dispatching facilities with radio or
equipment capable of communicating with the tow firm's tow vehicle(s) at all times,
excluding when the vehicle is in remote areas where communication is impossible.
Dispatching facilities shall be equipped with atleast one telephone. Atow firm's
dispatching facility may be located in two or more different locations, or may be
contracted to another firm, provided:
1. Each location is equipped with required communication facilities or equipment;
2. At least one such location has a dispatcher on duty at all times; and,
3. The contracted or secondary dispatcher can reach the tow firm's primary
dispatche r or other tow firm official at all hours.
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4. If dispatcher is located in a private residence, he/she will have the ability to be
on more than one telephone line ata time;either through retaining more than
one telephone line or call waiting: If one telephone line is used as an internet
connection, either an additional line will be necessary or the internet connection
teleph one line will have the ability,to also accept telephone calls at the same
time as the computer is connected to the internet. The tow firm�has discretion to
choose appropriate methods and equipment to ensure that the dispatcher is
available bytelephone atall times.
5. Tow firm shall have a dispatcher on duty at the Tow firm's dispatching facility
during regular business hours, except state holidays and after 1200 hours on
New Year's Eve and Christmas Eve, At all other times, the Tow firm shall have
a dispatcher on duty, either at the Tow firm's dispatching facility or at another
location specified in the Statement of Qualification s as "Dispatcher's address."
B. Storage facilities. The tow firm will provide staffing and storage facilities that meet the
following minimum requirements within the towing district for which they are on the
rotation list:
1. Have a structure orenclosure designed, constructed, furnished and maintained
so as to create a physical deterrence to unauthorized entry or unauthorized
removal of stored vehicles or their contents, giving special consideration to the
security of high value property and vehicles. All gates, doors and other
openings into the storage facility shall be equipped with locks and secured
against unauthorized entry during the times the tow firm's personnel are not
present.
2. The storage facility will include a secured outside storage lot for a minimum of
twenty cars.
3. The fence for the outside storage lot will be free of holes or weak spots which
could allow unauthorized entry, and will be at least 6 feet tall with barbed wire
around the top. The fence shall be in-ground and shall not be easily moved.
4. A sign in bold letters not less than three inches high will be posted in a location
clearly visible from the public-right-of-way. The sign will be easily readable from
the public-right-of-way and will provide the following information:
a. The tow or recovery business name
b. 24-hour telephone number
C. Regular business hours
d. Information regarding any special charges and conditions for release of
vehicles
5. The storage facility must comply with all applicable City and/or County zoning
requirements, building codes and land use requirements.
6. Tow firm will initially store all vehicles towed on a non-consensual basis at the
storage facility location designated as the primary, storage location for the tow
area or law enforcement agency for which the tow was requested.
7. Atow firm,after a minimum of 72 hours, may move a stored vehicle to a
secondary storage lot that has been approved by the Washington County Sheriff
and is listed on the initial application. A secondary storage lot must abide by the
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Darwin Deven -res manual pdf Page 15
same requirements as a primary storage lot for size, security, cleanliness, sign
requirements ,and vehicle release requirements.
B. If a vehicle has been removed to a secondary storage lot, the Tow firm will
provide transportation for the person entitled to possession of the vehicle to the
secondary storage lot after a vehicle release is obtained. In lieu of
transportation the Tow firm may tow the vehicle to the primary storage facility, at
no extra charge.
9. Maintain storage lots and buildings so they are free of debris, refuse; animal
waste, standing water and oil at all times.
10. If the Storage area is a Vehicle Release location, the location will provide a safe,
accessible environment for the person entitled to possession of vehicle to
obtain said vehicle when it is being released. Itwill include a customer reception
area that is clean, free of debris, easily accessible, and has a well-lit counter
space. This reception area will comply with Oregon State and any applicable
county or city laws regarding public business areas. It is understood that the
purpose for having a separate Vehicle Release location is to allow the Tow firm
to have a place on the rotation list for the tow area in which it is located. The
Vehicle Release Location must meet all requirements for Storage areas.
11. Any Vehicle Release location will also fall under the provisions discussed under
"Release Procedures" in this manual for receiving payment, including the ability
to receive payment by credit card and debit card, and to make change. A
minimum of$50.00 cash in change is required at each vehicle release location.
Business office facilities and operations . ATow firm shall have a business office out of which to
conduct business, maintain records, and serve the public. The office facilities and operations will
provide the following:
1. A sign with the following information in plain view of someone viewing the
premises 24 hours a day.
a. The tow or recovery business name
b. 24-hour telephone number
C. Address of storage location if separate from business office
d. Regular business hours
e. Information regarding any special charges and conditions for release of
vehicles
2. A person accessible by telephone 24 hours per day, seven days a week; and
during non-business hours, a person available at the storage facility for the
release of vehicle within an hour of notification that a vehicle is to be released.
3. Provide services that may also include covering a vehicle with a tarp in case of
inclement weather, inventorying personal effects, and removal of valuables for
safekeeping.
4. Exercise reasonable care to protect stored vehicles and the personal effects
thereof from vandalism, theft or burglary. Tow firm agrees to assume legal
responsibility for the theft, disappearance, or damage of vehicle, its parts or
any personal effects within the vehicle, once the vehicle has been taken under
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tow. This does not include items removed from the vehicle and taken into
custody by law enforcement personnel.
5. Maintain at least one telephone and two telephone lines or call waiting for
receiving tow requests.or tow release requests by voice. Someone must be
available to answer calls at all times. Call forwarding from the regular phone
number can be used when the office is closed, but the phone to which it is
transferred must also have two lines or call waiting. The intent is to be
accessible by phone at all times.
6. At least one telephone number will be answerable at the primary storage facility
during all regular business hours.
7. Maintain a working facsimile machine in good condition, which is fully supplied
and ready to receive and transmit at all times. Lack of ability to receive
facsimiles does not excuse the Tow firm from completing an abandoned vehicle
tow order on a timely basis. All information transmitted must be easily readable.
Facsimile machines will indicate the firm's name and phone number as can be
programmed per the facsimile machine's operators' manual. Facsimile
machinesare only required atthe business office.
8. Maintain a customer reception area that is clean, free of debris, easily
accessible,and includes seating for at least one person and a well-lit counter
space. If this location is used to accept payments, then the office will have the
ability to receive payment by credit card and debit card, and make change as
required in this manual.
9. Maintain reception area in accordance with Oregon State and all applicable City.
or County laws regarding public business areas.
PERSONNEL
Certification for Operators/Driver s/Employees and Owners:
The Washington County Sheriffs Office willconduct a criminal background check on all employees
involved in the execution of this Manual and individuals financially responsible for the Tow.firm.
The criminal background check will be conducted based upon the current Washington County
Sheriffs Office policy for background checks by a background investigator. chosen by the
Washington County Sheriff. The Tow firm will submit new employees' names and operator's license
numbers within 72 hours of employment. Employees and ,owners will be considered having passed
the criminal background check unless the Washington County Sheriffs Office otherwise notifies the
Tow firm. In cases where an employee does not pass the criminal background check, the Tow firm
must inform the employee by the end ofthat day that they may no longer perform any work related to
the rotation listfor the Washington County Sheriffs Office orany contract law enforcement agency
adopting this Manual. Consequently, ifthe Washington County Sheriffs Office does not have, on
file, a signed confidentiality agreement (Attachment 3)within 72 hours of an employee's hire date,
the employee will not be allowed to perform any work related to the rotation list. Tow companies
may not share personnel used in the performance of this contract without the written approval of the
Sheriff.
Additionally for drivers, their DMV record for the three-year period before the date of their application
will show not more than:
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i Darwin Deveny 2005 2006 tow procer' ,res manual pdf Page 17,E
Three (3) of any combination of infractions, serious traffic violations or motor vehicle
accidents,as defined in Oregon State law.
For tow truck drivers, the Washington County Sheriffs Office will be issuing photo identification cards
with a unique driver number assigned to each employee with this classification. While on scene any
law enforcement personnel may request to see, this photo identification to verify that the tow truck
driver has been approved to perform work related to this contract. All approved tow truck drivers are
to obtain a photo identification card within 30 days of their hire date, with a Tow firm. Until the photo
identification is obtained, law enforcement personnel may request on scene to see a drivers license
issued by the Department of Motor Vehicles as a way of identifying the tow truck driver. If the driver
or the Tow firm terminates employment, itwill be the Tow firm's responsibility to retain .the photo
identification that was issued and return itto the Washington County Sheriffs Office within 48 hours.
All other employees for Tow firms who will be performing services under this contract will be issued
unique identification numbers to be used while performing work related to this Tow Procedures
Manual. The Washington County Sheriffs Office Tow Coordinator will provide these numbers to a
Tow firm representative upon notification of employment.
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IV. TOW ROSTER
INTRODUCTION .
ROTATING TOW ROSTER
The Sheriff has established boundaries dividing Washington County into tow areas, and has
established a rotation of Tow firms within each area for the purpose of fairly allocating tow requests.
From time to time, the Washington County Sheriff may change the boundaries of the dispatching tow
areas, add additional tow areas, or change the rotation system.
Tow firms shall be dispatched on the tow request types for which they are authorized within the tow
area(s) in which they are approved to tow. The Washington County Sheriff, contract law
enforcement agency, or authorized personnel may cancel the dispatch of tow request for any
reason deemed necessary by the Washington County Sheriff or contract law enforcement agency.
If law enforcement agency deems a vehicle tow is not required, but the vehicle owner oroperator
wishes to have the vehicle towed, the owner oroperator may select any Tow firm they choose. A
deputy may provide a list or request the next available Tow firm on the rotational list for non-
consensual tows if the motorist does not have a preference as "private, non-preference, no hold
tow,.
Initial registration. No. Tow firm shall participate in the Washington Gounty Sheriffs Office non-
consensual towing program unless the Tow firm has applied and been approved by the Washington
County Sheriff. All Tow firms applying will go through an extensive approval process that will include
all items required in Attachment 7,listed below, a complete inspection; and written consent for a
complete credit report. All information obtained will be used to determine approval of a Tow firm by
the Washington County Sheriff. It will be considered that a Tow firm that submits an application to
the Washington County Sheriffs Office consents and agrees to the information that will be obtained
as a result of the application including but not limited to a complete credit check on the Tow firm and
person(s) holding a financial interest in the Tow firm. Applications for being placed on a rotational
tow listwill be accepted between October 1 and December 1 of each year. Tow firms approved for
one or more rotational tow lists will be added to the appropriate tow listduring the first week of
January. In the normal course of business applications will be processed and approved to start
towing at 0001 on January 1 ", but new Tow firms may be added throughout the first full week in
January. The application time frame will apply to new Tow firms as well as existing Tow firms that
wish to be added to a new area. In the event the Sheriffs Office determines that additional tow firms
are needed for an area outside the normal application process, the Sheriffs Office will solicit tow
firms to apply through a public notice process.
If Tow firm has been suspended or terminated from rotational towing for a specified period of time,
the Tow firm may apply during the application time period for the subsequent contract period. The
application will be held until the expiration of the suspension or termination and after processing the
application if the tow firm meets all requirements they may enter a contract to provide non-
consensual tow services, and be added to applicable rotational towing lists outside of the normal
time frame as directed by the Washington County Sheriff.
A. Applications. The Tow firm shall submit to the. Sheriff a completed application
(Attachment 7)which contains the information listed under "Tow Area Designation" as
well as the following:
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1. The name, address and telephone number of the Tow firm, including any and all
dispatching locations, business offices and storage facilities with a designation
showing which storage facilities are used as vehicle release facilities, and which
are secondary storage lots;
2. Acopy of the County's Hold Harmless statement signed by all owners;
3. Documentation proving that-the Tow firm has a current state registration for
towing and has been in business for two (2) years;
4. Documentation proving that the Tow firm owns or has under exclusive control,
and available for use within the desired tow area, two tow vehicles and two
drivers meeting the standards specified by this Manual and assigned only to this
area. Documentation shall include a minimum of the equipment license plate
number, state of license, vehicle identification number, vehicle year, vehicle
make, class of equipment, and designated tow district for towing assignment.
Multiple Tow firms that are operating under the guidelines of this Manual may
not share equipment for the purpose of completing assigned tows unless
otherwise approved in writing by the Washington County Sheriff. Additionally,
the tow vehicles must meet the standards specified under both federal and state
law related to such vehicles. The most strict standards will take precedent over
the other standards.
5. Proof of insurance pursuant to any state and federal regulations regarding the,
tow or recovery vehicles and the requirements set forth in this Manual.
6. A certificate of insurance for worker's compensation.
7. Sheriffs compliance statement stating the firm shall comply with the terms and
conditions of this Manual and signed by all owners of the firm.
8. Documentation proving ownership of the firm and written consent to have a
credit report conducted on the business as well as any person(s) holding
financial responsibility for the.,firm. If a person or group of persons owns a
substantial financial interest of more than 25 percent interest in two or more Tow
firms,not more than one rotation in any tow district shall be assigned.
9. Copies ofconfidentiali ty agreements signed by all employees involved in the
execution of this Manual and individuals financially responsible for a Tow firm
before commencing any work under this Manual oras defined in the "Personnel"
section above.
10. Personal information on employees and owners in order to conduct criminal
backgrou nd checks and
11. Any other information as the Washington County Sheriff may require.
B. Reporting changes. Changes in the above information must be filed with the Sheriff
prior to implementatio n of such changes, excluding those changes which are to be
reported as stated in the "Personnel" section above
C. Inspection. Tow equipment may be inspected by the Washington County Sheriffs
Office to determine compliance or non-complianc a with these rules and regulations at
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Darwin Deveny 2005-2006 tow proceJ' res manual pdfPage 20
any time so desired. Additionally, the Washington County Sheriffs Office will inspect
the Tow firm's dispatching facilities, business offices, storage facilities; and all'tow
equipment prior to initial placement on the towing roster. Such inspections will be
conducted during normal business hours of the Washington County Sheriffs Office.
Written waivers for specific issues may be granted on a conditional basis if it is
determined that the Tow firm meets the intent of this procedures manual. No verbal
waiver of any requirement will be given nor recognized by the Washington County
Sheriffs Office.
If it is determined that the towing equipment, dispatching facilities, business offices and
storage facilities comply with the requirements of this Manual, the Washington County
Sheriffs Office may issue "inspection compliance" documents for such Tow firm. If itis
determined that the towing equipment; dispatching facilities, business offices and/or
storage facilities do not comply with the requirements of this Manual, the application
shall be denied. Applications that are denied will be kept on file atthe Washington
County Sheriffs Office for 4 years. A statement of the requirements with which the
towing equipment, dispatching facilities, business offices and/or storage facilities fails
to comply will be mailed to the applicant. Denied applicants will be given a period of
two weeks to correct all items causing the denial of an application and be re-inspected.
If application is still denied, applicant must wait until the next application period, as
defined above in "Initial registration", to reapply. The Washington County Sheriffs
Office may inspect any towing equipment, dispatching .facilities, business offices,
and/or storage facilities without prior notice during normal business hours. If location to
be inspected is not staffed or is classified as towing.equipment,�the Tow'firm will have 2
hours to respond to location for inspection once notice of inspection is given.
D. Registration/exp iration dates. Tow firm approval shall be valid for no more than two
years and expires on a biennial calendar year on December 31 at 2359 hours. The
Washington County Sheriff has the right to terminate a Tow,firm's approval as outlined
in Attachment 8 of this Manual.
E. Registration renewal. Upon orbefore expiration ofregistration and between October
1 and December 1,the owner or manager of Tow firm may submit a new application
to the Washington County Sheriffs Office in an effort to renew their registration to the
rotating tow roster.
F. Non-assignabilit y. A registration issued or renewed pursuant to the provisions of this
Manual shall not be assignable.
CHANGES TO APPLICATION
Owner or Employee status changes
The Tow firm and/or employees will inform the Sheriff within twenty-four (24) hours of knowledge of
the arrest, charge, conviction or sentencing of any owner, part-owner, partner, principal party, officer,
agent, employee or any other person associated with the Tow firm's performance of this Manual.
Criminal offenses that need to be reported include, but are not limited to theft, robbery, burglary,
assault,drugs, prostitution, weapons, fraud, forgery, trafficking in stolen goods or any traffic crime.
Traffic crimes include, but are not limited to:driving under the influence of intoxicants, driving while
suspended, reckless driving, attempt to elude a police officer, leaving the scene of an injury accident,
hit and run, or any other offense related to the protection of the public interest.
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The Washington County Sheriff may consider the arrest, charge, conviction or sentencing of any
owners in determining appropriate sanctions or remedies under this Manual, and may reject future
applicatio ns for towing based upon criminal history.
The Tow firm willalso notify the Washington County Sheriff within 10 days ofany changes in owners,
employees, orany others who may affect performance ofduties related to this Manual. All
information required in the initial application shall be provided for any new person(s).
Equipm ant status changes
Any new equipment will be registered within 10 days of purchase with the Washington County
Sheriffs Office tow coordinator. Documentation shall include a minimum of the equipment license
plate number, state of license, vehicle identification number, vehicle year, vehicle make, class of
equipment, and designated tow district for towing assignment.
The Tow firm will inform the Washington County Sheriffs Office tow coordinator within 72 hours of
any vehicle accident during the performance of this contract which is required by Oregon State law to
be reported. The Washington County Sheriff may consider the accident and any surrounding
circumstances, in reviewing future applications for towing, or in determining appropriate sanctions or
remedies under this Manual, and may.deny future applications based on a Tow firm's accident
h i sto ry.
TOW AREA DESIGNATION
Procedures for appointment to Biennial Tow Roster
Qualifications:
For each tow district that the Tow firm desires appointment to the tow roster, the Tow firm will be in
good standing and will have separately for each business:
A. all the necessary current information on file with the Sheriffs Office,
B. passed the most recent inspections,
C. two approved tow trucks assigned specifically to the tow district and at least one approved
driver for each tow truck,
D. sufficient number of approved staff assigned to work the area (this includes drivers and
office personnel), and
E. an approved storage lot and vehicle release facility with amenities for customers including
ability to pay charges by credit or debit card, make change, and an approved customer
waiting area,
F. a signed, current towing contract between the Tow firm and Washington County for non-
consensual tows.
Each towing company within a towing district must independently meet all Manual criteria.
In determining independence, the regulations used by Oregon State Police will be adopted. Those
include:
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OREGON ADMINISTRATIVE RULES
257-050-005 0-Definitions:
(18) "Place of Business" —A building that the registered towing .business occupies;
either continuously or at regular times, where towing business books and records are
kept and towing business is transacted in each assigned tow zone. Businesses
operating on'the same business lotshall maintain individual and separate records,
storage facilities, and letters of appointment in order to be placed on the Department's
non-preference tow rotational list. (This wording is used because in some areas of the
state, only certain locations are zoned for towing businesses and companies had to
lease part of their location to other companies for offices and storage. Normally
companiesare not allowed atthe same location.)
(26) "Vehicle Storage Area" —The approved yard or enclosed building where stored
vehicles are kept.
257-050-007 0-Application Requirements
(c)Each towing service is licensed as a separate legal entity with a separate place of
business and a separate storage area. Only one towing business may be operated at
any one place of business.
i
257-050-0130 -Place of Business Requirement, and Business Hours
(a) The storage area will be under the exclusive access and control of the individual
towing business. The storage area cannot be shared with other businesses,
including non-towing businesses not owned by the tow business owner(s).
Our Interpretation
The goal of the. Sheriffs Office is to have each tow company approved for towing ,under this contract
be completely independent of other approved tow companies Interpreting the above standards and
normal business practices results in the following requirements for independent business status:
(1) Each business will have a separate legal identity and be reported separately for tax
purposes.
(2) Each business will keep its own records and these will not be co-mingled with records from
any other business.
(3) Each business will have its own assets. Assets will not be co-mingled with any other
business. Towing equipment will be used only by one business and be clearly marked
with the Tow firms name. This assists with ensuring separate record-keeping and
accounting practices, and in handling any complaints.
(4) Each business will have a separate business location, which includes business office,
storage areas, office equipment, phone numbers, and other aspects of normal business
operatio ns. Business locations will not be used by more than one towing company. The
storage area cannot be shared with any other business, towing ornon-towing.
(5) Each business will have it's own employees, and will not commingle tow truck drivers
between businesses, without the specific written approval of the Sheriff. This ensures that
each company has the minimum number of required, drivers to adequately service an area.
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In determining good standing, the Washington County Sheriff will consider any complaints against
the Tow firm. At the'Washington County Sheriffs discretion, a Tow firm may be refused appointment
to the tow roster. Placement on the tow roster is considered a privilege.
Procedures:
To qualify for appointment to the upcoming tow roster, each tow firm shall submit an updated'
application (Attachment 7)which will include but not be limited to the following information by
October 1s`on a biennial basis:
A. Listing of towing districts for which the tow firm is applying;
B. Address of vehicle release facilities for each tow district, business offices, dispatching
facilitiesand secondary storage lots ifapplicable;
C. Towing equipment list to be used for each tow district. List should include the minimum
information as required in the application section of this manual; and
D. Names of staff assigned to each tow district and job title for each
In the event that the company has a rotation in more than one tow district, it is permissible to list all
trucks in each rotation type, and all personnel on one list as long as it is noted which tow district they
are assigned to. No truck will be assigned to more than one area atthe same time. No truck may be
transferred to another tow district without prior authorization by the Washington County Sheriffs
Office.
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V. OPERATIONS
TYPES OF TOWS
ROTATION TOWS
The Washington County Sheriff will establish regular rotations and abandoned vehicle rotations for
each tow district. Special rotations will be created for dispatches requiring Class 8 tow trucks and
Class C tow trucks. A rotation list will also be created for abandoned vehicle tows. The Washington
County Sheriff will establish separate lists of eligible Tow firms to operate in rotation within each tow
district in Washington County.
In the interest of public safety and convenience, if Tow firm arrives at the tow scene, not in the Tow
firm's rotational turn, and is so directed by law enforcement personnel, the Tow firm will tow the
vehicle to a safe area at no charge . The vehicle will be towed to the nearest safe area and the Tow
firm assigned through the rotational listwill complete the tow.
POLICE TOW
The Washington County Sheriffs Office ora contract law enforcement agency may request the Tow
firm to tow a vehicle for various reasons, including:
- hazard vehicles (HAZ)
- recovery of stolen vehicle (RS)
- no insurance (N 1)
- driving while suspended or revoked (DWS orDWR)
- driving under the influence ofalcohol ordrugs (DLIII)
- no operator's license (NOOP)
- a formal ortemporary Police Hold (HOLD-must designate type ofhold i.e., evidence,
search warrant, etc.). These types oftows may be ordered as preference tows atthe
discretion of the law enforcement personnel on scene.
- or any vehicle otherwise designated as Police tow by the Sheriff
When designated by law enforcement personnel as a "Police Hold", police tows require an
Administrative Release form from the Washington County Sheriffs Office or contract law
enforcement agency before the vehicle is to be released to the owner/owner's agent or insurance
firm. Tow firms do not need to obtain an Administrativ a Release form when placing a lien on a
vehicle that has not been retrieved. Recovered stolen vehicles require Administrative Releases,
althoug h the customer will not be charged the Administrative fee. The Tow firm agrees to accept
return of all vehicles taken to a Washington County Sheriffs orcontract law enforcement agency's
storage facility.
Procedures for a Police Seizure for Investigation (formal Police Hold) are:
1. Upon direction from the Washington County Sheriff or contract law enforcement
agenc y,the Tow firm will tow vehicles to a designated tow lot orto a Washington
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County Sheriff or contract law enforcement agency operated storage facility. When
ordered to take a vehicle to a Washington County Sheriff or contract law enforcement
agency's storage facility, the Tow firm will provide the lot attendant a completed invoice
of all fees owed up to that time. The Tow firm will keep one copy of the invoice for the
purpose of billing the Washington County Sheriffs Office orcontract law.enforce.ment
agency.
2. If a formal hold is applied after the vehicle arrives at the Tow firm's storage lot,the
vehicle will be placed in secure, inside, police hold storage until the Washington County
Sheriffs Office or contract law enforcement agency requests that the vehicle be re-
towed to a Washington County Sheriff or contract law enforcement-oper ated storage
facility or released.
3. The Tow firm will refer all inquiries regarding vehicles held under formal police holds to
the Washington County Sheriffs Office or contract law enforcement agency Records
Division. The Tow firm will not provide any information about formal hold vehicles to
anyone except authorized law enforcement personnel unless specifically instructed to
do so by the Washington County Sheriff or contract law enforcement agency.
All holds, formal or informal, require:
1. The Tow firm will release towed vehicles only to persons authorized to take custody,
including but not limited to the owner, registered owner or authorized agent of the
owner.
2. The Tow firm will not release vehicles held under a Washington County Sheriffs or
contract law enforcement agency's hold without written authorization from the
Washington County Sheriff or contract,law enforcement agency. In the event that a
vehicle is released without the proper written authorization, the Tow firm is responsible
for paying the. Administrative .Release fee to the Washington County Sheriffs Office or
contract law enforcement agency.
FORFEITUR EMISSION TOWS
Forfeiture Missions are large-scale police operations by the law enforcement, or one of several
specialized task forces. In a mission, suspects are arrested and their vehicles seized.
When possible, Tow firms in affected tow districts shall receive nonspecific advance notice of
Missions in order to assure adequate staffing.
When law enforcement is ready to order a tow or tows, Tow firms shall be given the precise location
and the number of vehicles to be towed.
Tow firms shall be dispatched according to the regular rotation, and assigned specific vehicles for
towing.
Tow firm shall be dispatched to only as many tows as the Tow firm has tow trucks registered within
the tow district, and immediately available.
The Deputy(s) in charge at the tow scene of Mission shall notify Tow firm,through the current
contracte d dispatch service provider, of the appropriate destination for each tow. In order to maintain
the chain of evidence, Tow firm shall immediately take the towed vehicle directly to the assigned
destinat ion.
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PENALTY.TOW
Tow firms will,upon request, perform penalty tows, which are tows of vehicles for parking violations.
These include tows from tow away zones, tows of hazardous vehicles and tows for illegal parking.
They do not require an Administrativ a Release form.
ROAD SERVICE FOR SHERIFF VEHICLE
The Sheriffs Office maintains a contract for.towing and road service of Washington County Sheriffs
Office vehicles. Tow or road service of Washington County Sheriffs Office vehicle, or any vehicles
towed in error by order of the Washington County Sheriffs Office, will result in the Washington
County Sheriffs Office bearing financial responsibility.
DISPATCH
DISPATCH PROCEDURES
The Sheriff will establish tow area boundaries, commonly referred to as tow districts, within
Washington County and provide a map (Attachment 11) illustrating those boundaries to the
contracted dispatcher and approved Towfirms. The Washington County Sheriff reserves the right, in
its sole discretion, to modify tow districts and procedures atany time.
The contracted dispatcher will dispatch the tow request to the Tow firm at the top of the rotation list
for that tow district and the type of tow vehicle needed. Once dispatched for a tow, the Tow firm will
rotate to the bottom ofthe listunless the call is canceled orgone on arrival. If another tow has
already been dispatched to another Tow firm, the first Tow firm will receive two tow orders on their
next rotation:
Information provided to Tow firms
Law Enforcement personnel will provide the contracted dispatcher with the following information,
which will be passed on to the dispatched Tow firm:
1. Location of vehicle to be towed including address, closest intersection, and side of
street
2. Type of tow vehicle needed - regular, flatbed, large, etc.
3. Ample description of the vehicle to provide assistance to the tower in locating the
vehicle
4. Tow designation —Safety Hazard, Customer Tow, or Abandoned Vehicle
5. Any information regarding conditions or circumstances which might require special
assistance or special equipment
Under normal circumstances, law enforcement personnel will leave emergency lights on to assist the
tower in finding the correct location.
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Types of Tows:
Safety Hazard
The vehicle driver may request a preferred tower or the contracted dispatcher will dispatch the tow
request to the Tow firm at the top of the rotation list for that tow district and the type of tow vehicle
needed. In the case of safety hazard, if that Tow firm can not arrive at the scene within 25 minutes,
the next Tow firm on the rotation list will be contacted. (35 minutes for areas outside the Portland
Metropolitan Urban Growth Boundary.) This procedure will continue until a Tow firm that can
respond within 25 minutes is dispatched to the scene. Once a tow request has been dispatched to a
Tow firm, that Tow firm will be placed on the bottom of the rotation list regardless of their acceptance
or non-acceptance of the tow order. Vehicles towed as hazard or an arrested driver, for recovery
of a stolen vehicle, for no insurance, for driving while suspended or revoked, for driving under the
influence of alcohol or drugs, and/or a formal or temporary police hold are considered to be Safety
Hazards.
Customer Tows
If the owner prefers, and it is not a Safety Hazard, the owner may call the Tow firm directly and make
arrangements including charges. Law enforcement personnel will:be notified at the time, at the site of
the towing, which company will be towing the vehicle and the expected arrival time. If this is not
acceptable ,law enforcement personnel may contact the contracted dispatcher to address the
situation through the non-consensual rotational procedure. Any tow ordered through the contracted
dispatcher will include the contracted dispatcher fees. Tow firm will respond to tow within 1 hour.
Law enforcement will not wait for the Tow,firm to arrive.
Abandoned vehicle Tows
The Tow firm needs to be at the scene within 24 hours. ATow firm cannot pass on this type of tow.
Law enforcement personnel can elevate an abandoned vehicle tow to a Safety Hazard Tow if
circumstances warrant. A"Disposition Sheet for 24-Hour Abandoned Tow", along with an appraisal
of the vehicle's value, will be prepared by the Washington County Sheriffs Office Civil Division or
appropriate contract law enforcement agency and faxed to the Tow firm receiving the tow order.
Once the vehicle is in the Tow firm's possession, the Tow firm shall call the Washington County
Sheriffs Office Record's Division or the appropriate contract law enforcement agency as required.
The "Disposition Sheet for 24-hour Abandoned Tow' will befaxed 'back to the Washington County
Sheriffs Office Civil Division for Washington County Sheriffs Office tows once the tow is:completed.
(See Attachment 6)For tows ordered by contract law enforcement agencies, the tow truck driver will
comply with the requirements of those agencies.
Sheriff's Re-tows
On all re-tows to or from a Washington County Sheriffs storage facility, Tow firm shall arrive atthe
tow scene within ninety (90) minutes from the time Tow firm receives the dispatch. Tow firm will
inform dispatcher of their estimated arrival time.
Other Reauirements:
Gone on Arrival
If requested vehicle is gone when the Tow firm arrives to perform a tow, the Tow firm will
immediately report this to the contracted dispatcher.
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Response time report
The contracted dispatcher will provide the Washington County Sheriffs Office with a monthly report
on the timeliness of the Tow firms for Safety Hazard tows by tow vehicle class(type of tow truck
needed) and tow district. If a Tow firm is found to be excessively untimely in their response times,
the Sheriff may terminate the Tow firm from the rotational tow list or take lesser action as he deems
appropriate .
Excessively untimely is considered any amount greater than 15 percent late on scene arrival times,
calculated by dividing the total number of late on scene arrival times, over 25 minutes (35 minutes
outside the Urban Growth Boundary), by the total number of tows for a calendar month.
ROTATION LISTS
Types of tow trucks and equipment needed —rotation lists:
All Tow firms shall provide towing services in response to Class Atypes and Abandoned Vehicles:
1. Class A: Towing or service requests for passenger vehicles or trucks or vans, up to
ton size, unloaded. Dispatched from the Class A rotation.
2. Abandoned vehicle: Towing or service request for abandoned vehicles. These will be
Class A unless otherwise specified.
Tow firms choosing to maintain the necessary specialized equipment shall respond to the following
types of tow requests:
3. Class B: Towing or service requests of vehicles exceeding 10,000 Gross Vehicle
Weight Rating (GVWR). Dispatched from the Class B rotation.
4. Class C: Towing or service requests of vehicles exceeding 20,000 GVWR. Dispatched
from the Class C rotation.
TOW FIRM
Tow firm responsibilities
The Tow firm will respond to each tow request, subject to availability of equipment and personnel. If
not able to respond in a timely manner as defined in this Manual, they will inform the contracted
dispatcher as to the reason. Abandoned vehicle tow requests cannot be passed.
The Tow firm will provide the contracted dispatcher with the following information within '/z hour of
tow completion regarding the tow dispatch:
1. Time arrived at the tow scene
2. Time leaving the scene
3. Complete vehicle information including color, make, model, year, vehicle identification
number and other information as required by the contracted dispatcher for complete
record keeping.
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4. Tow.truck number (last four digits of the license plate of the truck) and the Washington
County Sheriffs Office assigned driver number.
After arrival at the tow scene, the Tow firm will perform the tow and/or render any necessary service
in a proper and expeditious manner and in accordance with this Manual and any directions of law
enforcemen t personnel. The Tow firm will determine the appropriate type of equipment suitable for
the circumstances of the tow, as provided under this Manual.
The Tow firm willbe responsible for securing unsafe vehicles or loads if in danger of falling, spilling,
tipping or otherwise upsetting. The Tow firm will also clean up the scene. This includes removal of
all broken- glass, or other injurious substances or fluids, dropped upon the highway from a wrecked
ordamaged vehicle. There will be no additional fee for this service during the first 10 minutes atthe
scene. After this fees can be charged in %hour increments. The Tow firm shall use up to 5 pounds
of absorbent material as needed to clean up an accident scene in accordance with Oregon State and
local law.
For abandoned vehicle tows, once the vehicle is hooked up to the tow truck, the Tow firm shall call
the Washington County Sheriffs Office Record's,Division orthe appropriate contract law
enforcement agency as required within 30 minutes of the hook up. For the Washington County
Sheriffs Office abandoned tows, the Tow firm will fax the completed disposition sheet back to the
Washington County Sheriffs Office Civil Division the next business day. For1ows ordered by
Contract Law Enforcement Agencies, the Tow firm will comply with.,requirements of those agencies.
Passing on a tow order
Except for 24-hour abandoned vehicle tows, a Tow firm may decline a tow request due to not being
able to respond in the required period of time. All such passes will be 'recorded by the contracted
dispatcher and reported monthly to the Washington County Sheriff's Office. If the number of passes
are excessive, the Tow firm may be removed from the tow roster. Excessive passes will be defined
as any amount exceeding 15 percent of overall tows for a calendar month.
In the event that a Tow firm decides to pass on a tow order, the Tow firm will inform the contracted
dispatcher as to the reason for passing. The Tow firm will inform the contracted dispatcher, within
eight (8) minutes of receiving the dispatch, if for any reason they are unable to respond to a tow
request, or unable to-respond within the required time. Passing on a tow request more than eight (8)
minutes after receiving the dispatch will be considered failure to respond and will be subject to
penalties asdetermined bythe Washington County Sheriff:
The Tow firm will inform the contracted dispatcher immediately if, upon arrival at the tow scene, any
aspect of the towing situation prevents performance of the tow. The Tow firm will be placed back on
the top of the rotation list. This requirement may be changed, depending on the contracted
dispatcher's capabilities.
If Tow firm is expecting to be out of service for more than a day due to illness, emergency, repairs,
or other reasons, the Tow firm will inform the contracted dispatcher as to the reason and length of
time needed to return to service. If these incidents become excessive, the Washington County
Sheriff may remove the Tow firm from the rotation.
Property Inventory and Condition Report
Avehicle property inventory and condition report will be prepared by the Tow firm on the tow invoice
or report form (Attachments 1 and 2)for every towed vehicle as soon as it is placed in the Tow firm's
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storage facility. Inventory will include all personal effects visible inside of towed vehicle and all
property contained in pickup beds, trailers, or roll-beds. Pursuant to WCC 9.16, the 'impounding law
enforcement personnel will inventory any vehicle that is impounded.
The Tow firm may remove personal effects from a vehicle and place them into a secured storage to
protect from theft or loss. Any personal effects,removed will be tagged with the Tow Number and
vehicle license number and noted on the tow invoice inventory list.
All personal effects removed will be returned to the person entitled to possession at the time of
release of the vehicle, if not before.
The Tow firm may remove a mechanical part, such as a battery or distributor rotor, from the vehicle
to prevent unauthorized removal of the vehicle. The Tow firm will document the removal on the tow
invoice inventory list.Any parts removed will be returned and reinstalled at the Tow firm's expense at
the time of release of the vehicle.
Unless the vehicle is subject to the Washington County Sheriffs instructions to the contrary:
1. Tow firm shall assist the person entitled to possession, if necessary, by retrieving
ownership documents oridentificatio n from a towed vehicle or accompanying the
person entitled to possession while he or she retrieves documents from a towed
vehicle.
2. Tow firm shall allow the person(s) entitled to possession, with valid proof of ownership
onauthorization, access to a towed vehicle for removal.ofpersonal effects for 15 days
after the completion of the tow pursuant to Oregon Revised Statutes (ORS) 819.160:
Tow firm shall provide this service without charge during normal business hours as
defined in this Manual.
3. Tow firm shall allow the person(s) entitled to possession, with valid proof of ownership
or authorization, access to a towed vehicle for purposes of inspecting and/or
documentin g its condition at anytime until the Tow firm forecloses a possessory lien
under the rules of ORS Chapter 87. Tow firm shall provide such-access during regular
business hours without charge .
Release Procedures
If person(s) entitled to possession calls after regular business hours to arrange release of vehicle
and it is necessary for the Tow firm to check for information and call back, the Tow firm will call the
person(s) entitled to possession back in no more than one hour. During regular business hours, the
Tow firm should provide the information immediately. If the information is not immediately available,
the Tow firm may call back with the information in no more than thirty (30) minutes.
Atall times other than regular business hours, the Tow firm will have an attendant at the storage
facility within one hour of receiving notice that, either:
The person(s) entitled to possession of vehicle isatthe storage facility and has
requested release ofthe vehicle; or,
The person(s) entitled to possession of vehicle shall be at the storage facility within one
hour to redeem the vehicle.
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_. mY 9
For the purposes of this Manual, a telephone request by a person(s) entitled to possession of
vehicle will constitute notice of release request.
If the Tow firm's agent is unavailable within one hour of the time a person(s) entitled to possession of
a vehicle has agreed to meet for the release of that vehicle, the Tow firm will forfeit any Gate Fee
and additional storage"charges against the vehicle for that day.
When releasing a vehicle outside of regular office hours, a Tow firm agent will wait at the storage
facility for a person(s) entitled to possession of the vehicle one-half hour after the appointed time for
the release. After this time the Tow firm may assess an additional fee equal to the regular gate fee
for each extra hour, or part thereof, that the Tow firm's agent is at the storage facility. The Tow firm
will be readily available by telephone during this time in case the person(s) entitled to possession of
the vehicle needs further directions to locate the storage facility.
The Tow firm shall require the person(s) entitled to possession of the vehicle to obtain an approved
Washington County Sheriffs Office Records Division Vehicle Release Form orappropriate contract
law enforcement agency release form before releasing any vehicle on which a formal or temporary
Police Hold has been placed, and for a Recovered Stolen vehicle. The Tow firm will ensure any
special conditions indicated on the form are met before releasing the vehicle. If the Tow firm
releases the vehicle without obtaining the approved Release Form, the Tow firm shall be responsible
forthe release fees.
Upon releasing a vehicle that was towed for a parking violation, the Tow firm shall deliver the parking
citation to the person(s) entitled to possession of the vehicle.
Tow firm shall issue a written receipt on a form approved by the Washington County Sheriff
(Attachme nt 1)for all payments for towing and storage, drop fees; road service or releases at the
scene. Tow firm shall also provide written notice (Attachment 5)to.the person(s) entitled to
possession of the vehicle's right to file a complaint against the Tow firm. Consequently, if the
Washington County Sheriffs Office receives an excessive amount of valid complaints against a Tow
firm,the Washington County Sheriff'willdeter mine if disciplinary action will be taken. Tow firm shall
complete all information required on.the Washington County Sheriffs Office approved tow Invoice.
Allfees shall be itemized on such form.
Tow firm shall accept the following forms of payment:
1. Cash
2. Mastercard and Visa credit cards
3. Debit cards
Tow firm shall not assess any surcharge for payment by credit or debit card.
Tow firm shall have correct change available at all times for cash payments.
At minimum, a Tow firm shall provide the following information whenever a person(s) entitled to
possession of the vehicle inquires about the release of vehicle:
1. When a gate fee is applicable and the amount.
2. The additional fee that is applicable if the person(s) entitled to possession of the
vehicle arrives more than one (1) hour after the appointed release time.
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1
I
3. All other applicable charges for towing and storage.
I
I
4. Acceptable methods ofpayment.
I
5. That if release is requested, the attendant shall arrive at the storage facility within one
hour.
I
6. The forms ofdocumentation required establishing proof ofownership ofthe vehicle.
Upon payment in full of all charges or other arrangements satisfactory to the Tow firm,Tow firm j
shall, at its option:
1. Permit the person(s) entitled to possession of the vehicle to enter the premises to 1
retrieve the vehicle, or
2. Position the vehicle either on the Tow firm's property or off the property in a legal
parking place.. If the person(s) entitled to possession of the vehicle requests that the
vehicle be placed on the public right-of-way, Tow firm shall notify the person(s) that the
vehicle shall be removed from the public right-of-way within 24 hours.
i
Tow firm shall, at no extra charge, make the vehicle available to the person(s) entitled to possession
of the vehicle for retrieval within one hour of the time of payment, orother time mutually agreed
upon.
INSPECTION AND RETENTION ;OF RECORDS
The Tow,firm will retain all records relating to non-consensua I towing, including but not limited to tow
invoice copies, police releases, lien records.(lien letter and proof of certified mailing), vehicle release
records, and inventory and condition reports' for inspection, audit and copying for three (3)years.
Within 24 hours of the Washington County Sheriffs Office request, excluding weekends and
holidays; the Tow firm will make available any records regarding its work under this Manual and
accompanying procedure for inspection, audit or copying by the Washington County Sheriffs Office,
or its authorized representative.
The Tow firm will retain all equipment and facilities inspection records for three years.
When the Washington County Sheriffs Office or contract law enforcement agency requests
information regarding any tow performed on a non-consensual basis, the Tow firm will provide
complete and accurate information within 24 hours of the Washington County Sheriffs Office or
contract law enforcement agency request, excluding weekends and holidays.
The Tow firm will maintain insurance pursuant to Oregon State laws regarding tow businesses.
The Tow firm will maintain the following records for non-consensual tows attheir business office for a
minimum of three years for each towed vehicle:
1. Description including vehicle identification number and license plate
2. Owner of vehicle if known
3. Location and address if known from which the Vehicle was towed
4. Location and address to which the vehicle was towed .
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5. Agency authorizing tow
6. Reason for vehicle tow
7. Acopy ofthe release ofthe vehicle to the person entitled to possession
8. Legible copy of invoice. Each invoice will have the following information displayed
clearly:
a. Tow Number
b. Date and time of Tow
C. Requested by
d. Released To Name
e. Released To Address
f. Released To Phone
g. Type of tow
h. Truck Number
L Hold Information (if.applicable)
j. Dollies used
k. Release date
1. Release time
M. Amount of bill with itemization for each charge
n. Statement telling customer to contact the Sheriff about any complaints, with
Sheriff's address and phone number
o. Legible record of payment indicating payment method
9. If non-consensual tow vehicle is not released and the tow firm forecloses on its lien or
accepts a title in lieu of foreclosing on the lien, all records related to the transfer,
including all lien records and records related to any foreclosure must be maintained.
In order to fulfill requirements regarding notifying the contracted dispatcher with vehicle
information, it is.recommended that the invoice be faxed to the contracted dispatcher within 30
minutes of tow completion.
Tow firm shall notify the contracted dispatcher by facsimile transmission, using a form
approved by the Washington County Sheriff (attachment 12), daily of all vehicles released and
the method of release. This includes notification to the contracted dispatcher when
foreclosing on a possessory lien, accepting a vehicle title in lieu of fees, or obtaining a
dismantling certificate.
Tow firm shall review the daily reports, faxed by the contracted dispatcher, for any
discrepancies. Notification is to be made immediately to the contracted dispatcher of any
discrepant ies noted.
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VI. FEES
COMPENSATION TOCONTRACTED DISPATCHER
For each vehicle moved ortowed, or Drop fee or tow fee collected from the tow scene of a
dispatched call,the Tow firm will pay the contracted dispatcher at the rate established by the
Washington County Sheriff within ten (10) days of billing by the contracted dispatcher. A Tow firm
may be suspended from the rotation list'if payment is not received within 30 days of the postmark
date of the contracted dispatcher's invoice. Such suspension will be for a minimum of two weeks or
until payment is received, whichever is longer. The contracted dispatcher may charge a 9% annual
interest for any payment past due.
No later than the fifth day of each month, the contracted dispatcher will send each Tow firm an
invoice (with same information as Attachment 4)for any dispatch fees applicable for vehicles
dispatched in the previous month. Included with the invoice will be a report listing all these vehicles.
Anytime this mailing is not sent by the 5'"of the month, the Tow firm's due date for payment of fees
will be adjusted to 10 days following the postmarked date of the invoice.
The Washington County Sheriffs Office or contract law enforcement agency will pay dispatch fees
on all tows for which the Washington County Sheriffs Office or contract law enforcement agency is
financially responsible. No law enforcement agency shall be considered a guarantor of payment for
any other law enforcement agency.
SHERIFF'S SERVICE FEE
The Washington County Sheriff's Office; in its sole discretion, may impose a Service Fee to
compensate for the additional work entailed in coordinating towing services. The Washington County
Sheriffs Office Service Fee will not apply to tow charges paid by the Washington County Sheriff, or
upon the direction of the Circuit Court.
COMMENSURATE RATE, PAYMENT, AND TERMS
The commensurate rate will be effective for each contract term and will be based on the following:
1. The rate, as established by the Washington County Sheriff. Rates for any
subcontractin g work allowed under the Manual will be limited to a 40% mark-up.
2. All mileage charges will be calculated by towed mile for non-consensual tows. Mileage
will be charged for actual miles the vehicle was towed. Consensual tows that are
ordered by law enforcement to assist vehicle drivers, will be charged according to the
private rates, plus the dispatch fee, since the contracted dispatcher was used to
dispatch the call.
3. All roll-bed tows, four-wheel drive tow trucks, and requests for service requiring a
motorcycle trailer will be assessed at Class Arates.
4. Standby or recovery time at a tow scene will be charged in %hour increments.
5. Standby or Recovery Time begins when the tow truck arrives at the tow scene and
ends when tow is fully hooked up. Beginning and ending times will be written on the
receipt.
6. The commensurate rate may be.recalculated at other times for a reason such as
significant increase in fuel prices orother events that significantly increase the cost of a.
tow. The recalculation must be requested by at least one-half of the total approved tow
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Darwin Deveny 2005-2006 tow proce 3s manual.pdf Page 35
firms before itwill be calculated and authorized. Initial rates will be used in calculating
nextyear's minimum rates, rather than the adjusted rates. Afuel surcharge shall be
listed as a separate line item on each invoice in the amount authorized and approved
by the Washington County Sheriff.
7. The dispatch fee, and any Washington County Sheriffs Office Service fee, will be listed
and identified separately on the tow invoice and will not be more than the actual fee
charged to the Tow firm,unless specified by the Washington County Sheriffs Office.
8. Towing and storage charges for privately owned vehicles will be the responsibility of
the person(s) entitled to possession of the vehicle unless the tow is to a city or county-
controlled facility at the request of the Washington County Sheriffs Office or contract
law enforcement agency. The Washington County Sheriffs Office or contract law
enforcement agency will not act as a guarantor or security for any private person(s) or
business, nor assure payment by any private person(s) or business.
9. Tow firm may be required to provide documentation of necessity in support of an
assessment for an extra person or extra truck if so requested by the Washington
County .Sheriffs Office or contract law enforcement agency.
10. Time and date of any after-hours access will be noted on the tow invoice to verify
assessment of gate fees. Gate fees will be limited to after 6:00 p.m. but before 8:00
a.m. Monday — Friday, and all hours on weekends and holidays recognized by the
State of Oregon.
11. Unless instructed otherwise by law enforcement personnel; a Tow firm that has
attached equipment for towing, may require payment of Drop Fee plus Dispatch :Fee
before releasing the vehicle to the person(s) entitled to possession of the vehicle. If a
Tow firm is ordered to drop the vehicle without payment from the person(s) entitled to
possession ofthe vehicle,.the Washington County Sheriffs Office orcontract law
enforcement agency will be responsible for the drop fee and dispatch .fee.
12. If the person(s) entitled to possession of the vehicle returns to the vehicle after
attachment of tow equipment, but before the tow truck is in motion, the tow operator will
inform the person(s) of their right to have the vehicle released upon payment of the
Drop Fee and Dispatch Fee.
13. If the tow truck is in motion with the vehicle in tow, the tow firm may assess the full tow
fee including the dispatch fee before releasing the vehicle to the person(s) entitled to
possession of the vehicle unless instructed otherwise bylaw enforcement personnel. If
tow truck is ordered to drop the vehicle without payment from the customer, the
appropriate law enforcement agency will be responsible for the tow fee and dispatch
fee.
14. If the person(s) entitled to possession of the vehicle returns to the vehicle when the tow
truck is in motion, the tow operator will inform the person(s) of their right to have the
vehicle released upon payment of the Tow Fee and Dispatch fee.
15. After a vehicle has been in storage for 7 days, the Tow firm may recoup reasonable
lien-filing expenses actually incurred. No tow firm shall charge nor attempt to charge
for lien-filing expenses, whether actually incurred or not, for a vehicle stored less than
seven days.
16. Tow firm will provide documentation in the form of receipts or lien service billing upon
request from the person(s) entitled to possession of the vehicle or the Washington
County Sheriffs Office or contract law enforcement agency.
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Darwin Deveny 2005-2006 towprocE ss manual Page 36
17. In any case, no more than 60 days of storage will be charged.
18. The area for which the storage fee is assessedwill be limited to the actual area that the
vehicle and its load (if applicable) cover or project over. The Tow firm will document on
the tow invoice the actual size of any vehicle for which more than one storage unit fee
per day is assessed.
19. For the purpose of determining storage charges, a calendar day basis will be used,
beginnin g when the tow is called in to the contracted dispatcher as complete. On
storage fees that cover more than one day, the first day assessed fees must have at
least 4hours of storage.
20. Time and date of release will be recorded on the tow invoices of all vehicles released.
21. When a Tow firm is asked to tow multiple vehicles as a unit (for example, a boat trailer
carrying a boat), the tow is billed as a single fee, and should be assigned a single tow
number. If for some reason they are assigned multiple tow numbers they will be
charged and redeemed as one unit. If the vehicles to be towed are attached but are
larger vehicles (for example, a car pulling a large trailer) then the tow firm will decide
how to tow the vehicles. In these cases separate tows may be billed separate fees.
The invoices will indicate the reason for separation of the vehicles.
22. In the event that circumstances require the Tow firm to use specialized equipment not
addressed by this Manual in the performance of a tow or recovery, the Tow firm may
charge a reasonable additional amount, consistent with industry rates and standards
for the equipment. The Washington County Sheriffs Office or contract law
enforcement agency may require documentation. of the necessity for the equipment
and rate verification.
23. Nothing contained in this Manual will be construed as requiring the Tow firm to charge
any rate in violation of Oregon State or Federal law regulating the transportation of
vehicles. On all non-consensual tows the Tow firm will charge at a rate not to exceed
the rates established by the Washington County Sheriff.
24. The Washington County Sheriff, in its sole discretion, may adjust the rates as deemed
necessa ry.
25. If the total invoice amount is an uneven sum the Tow firm is authorized to charge an
amount necessary to bring the total invoice amount up to the nearest even dollar
amount.
26. The Tow firm will release a vehicle without payment of the tow charge if the Tow firm is
specifically directed to do so by law enforcement personnel.
27. When a Tow firm is directed'by Washington County Sheriffs Office or contract law
enforcement personnel to release a vehicle that he/she requested to be towed without
payment of the tow charge, the Washington County Sheriffs Office or contract law
enforcement agency will assume and pay the charges to which the Tow firm is entitled.
28. For Class A tow trucks, the standard fee includes the first 10 minutes of clean-up time.
29. For Class B&C tow trucks, billable time begins when the tow truck departs from the
Tow firm's lot and ends when the tow truck returns to the lot. Fees shall be calculated
to the next nearest quarter-hour, minimum one hour. Class Band Class C rates will be
at a reasonable rate when compared with the industry in the Portland Metropolitan
area.
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E Darwin Deven 2005 2006_tow proce --s manual.pdf Page 37`
LIST OF ATTACHMENTS
Attachment 1 Approved Invoice Form, with inventory section and Important Rights Information
Attachment 2 Supplemental Inventory Form
Attachment 3 Confidentiality Agreement
Attach ment 4 Service Fee Invoice
Attach men t5 Complaint Handling Procedures (with Important Rights info rmation)
Attachment 6 Disposition Sheet for 24-Hour Abandoned Tow
Attachment 7 Tow Services Application
Attachment 8 Tow Services Contract
Attachment9 Towing Contract Terms and Conditions
Attach ment 10 Rates
Attachmen t 11 Vehicle release notification to Contracted Dispatcher
Attachment 12 Towing Procedures Manual Vehicle.Release Requirements
Attachment 13 Tow District Map
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Darwin Deveny - 2005-2006_tow_procF es_manual.pdf - Page 38
ATTACHMENT 1 Approved Tow Invoice Form,with Inventory section and Important Rights Information
CONTRACTTOW INVOICE INVOICE#
JESTED BY.
DATEOF TOW TIMERCVD TOWNUMBER
LICENSE STATE VIN MAKE MODEL STYLE
YEAR COLOR DRIVEA KEYS AGENCr IClk-E ONE, WASHCOSHERIFF
YES NO ❑ YES [I NO ❑ WASHCO LUT
TOVIIED FROM TC^AED TO
71MEOUT ONSCENE 110.971 1 LEAVE SCENE COMPLETIONTIME/CALLED IN BY RELEASED BY/RLS TIME o Ll rES n0
a OOT—❑ FE:.,,F ❑
TOWDRIVER TRUCK RELEASE REOUIREDI HOLD'I DATES AND TIMESI OUTOF DISTMILEAGE IT ,T I
-
YES F]40 ❑ ON OFF START END
RELEASEDTO NAME STREETADDRESS
CITY STATE ZIP TELEPHONE
OWING
BILL TO: DAMAGE PRIOR TO TOW
DISPATCHING
SHERIFF SERVICE FEE
CONI til l', —DAYS @ 5_EA
OUT OF DI STMILEAGE
LABOR/STANDBY
SHERIFFRETOW
CONDITION
AF TER HOURS/GATE FEE
I It WF RI'_\O:\\D I'\DIRtil:4\,D IHL\OIR F I\FORMATION ON II IF BA(KOF THIS FORM LIEN FEE
REL.EASEn TO DATE OTAL
(OVER FOR IMPORTANT RIGHTS INFORMATION) RLS TIME PAYMENTME 'ODT
Any owner of a vehicle towed by an agency without priornotice may request a hearing to contest the tow. To ask fora hearing. you must file a written
request containing your name. address and telephone number, the make and license number of your vehicle',the date of the tow,and a statement of
why you believe the tow was improper. THE REQUEST MUST BE RECEIVED BY THE appropriate Agency WITHIN TEN DAYS OF THE TOW
Record's Division.Washington County Sheriff,215 SWAdams, Hillsboro.OR 97123. Telephone. 503-846-2524. FAX 503846-2719.
Patrol Division,Beaverton Police Department...
Patrol Division.Hillsboro Police Department
HEARINGS ARE NOT AVAILABLE FOR VEHICLES TOWED FOR UNPAID PARKING TICKETS OR PRIVATE PROPERTY IMPOUNDS.
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Darwin Deveny-2005-2006_tow_proce �s_rnanual.pdf Page 39
ATTACHMENT 2 Supplemental Inventory Form
TOWEDVEHICLE PROPERTY&CONDITION REPORT
c
C-TE:'f 1:.4 TOW NU NEER
_ HSE = STATE 3 y1I4
4%144 r`. 5 YC)EEL I ORIJEABLE B KEYS
YES ❑NO ❑ YES ❑ NO ❑
AGENCY—ICLEONE. 111—E11-
-0-7
O,SC ENE I .c-, ;E<-111E TI ED iN E, E_ELSED fiv DOLLIES YES NO
i FP ONS UP 0.EAF UP
:111LETgNME -ME
�i.Jv:JRIVER
TRUE, ELEAGE(�9"�EOuiFFD� OL—OATEEANDT"E5, OUTOEDIST MILEAGE TYPE Of 1-',
+EES L1O ❑ .I OfF CANT END
RELEASED Tu NAME STRE ETADCIRESS
CI'! STATE ZIP TELEPHONE
7�ERIIE
BILL TO: WIAGE PRIOR TO TO%N
ST--E
CONTENIti
_v<s Cis—E>
JUT Of D S7 11-45E
a5-,.P STF v G c-
CONDITION
Sr EF iff K ETG W
FTEF 11—--E fEE
LIEN IEE
RELEASEDTO DATE
TOTAL
Darwin Deveny 2005-2006 tow yrocc Bs manual pdf W Page 40
ATTACHMENT3 Confidentiality Agreement
CONFIDENTIALITY AGREEMENT
CONTRACT FOR VEHICLE TOWING AND STORAGE ,
I understand and agree that:
1. On or about October 1,2004, - (Tow Firm)signed an application to provide
vehid a towing and storage services to the Washington County Sheriff. The Towing Policy and Manual
requires the Tow firm and it's employees, to treat as confidential all the information provided by the Sheriff or
a Contract Law Enforcement Agency pursuant to the Towing Policy.
2. In the course of my employment for the Tow firm, I may have access to or become aware of, information
regarding the pursuit, apprehension or prosecution of criminal suspects, which may be of a highly confidential
or sensitive nature.
3. 1 will treat the official business of the Washington County Sheriff and a Contract Law Enforcement Agency
as confidential. I agree that I will disseminate this information only to those agencies, officials and/or tow
firms for whom it is intended as provided by the Policy, and to no other person. I further agree not to divulge
or disclose to any person any confidential or sensitive information of any kind or form learned or obtained by
me in.performance of my employment by the Tow firm which may enable or allow any person to conceal or
dispose of goods, money or other valuable items stolen or otherwise unlawfully obtained, or to avoid
detection, arrest, or punishment:
4. 1 agree that I have personal and individual responsibility for the protection of all law enforcement
information, documents and material I come into contact with in the course of my employment with the Tow
firm,and that disclosure of law enforcement information in violation of this Confidentiality Agreement may
result in my dismissal or other disciplinary action by the Tow firm.
5. 1 will report at once to my immediate supervisor and the Sheriff, if I am arrested,charged, convicted, or
sentenced for any criminal offense. I agree that failure to report as provided by the Towing Policy.may result
in my dismissal or other disciplinary action by the Tow firm.
Print Name Signature Date
Tow Firm Name Authorized Signature Date
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"Darwin Deveny 2005-2006 tow procc 3s manual pdf _ � A, Page 41
ATTACHMENT 4 Service Fee Invoice
Service Fee invoice is to be created with the help of the contracted dispatcher. Back up will include
computer reports generated by the contracted dispatcher. Service Fee invoices will include
infbrmati on, such as in example below:
Service Fee Invoice (Banks)
Tow Invoice—Tow Area 1
Tow Company A Total
Type of Tow Class A Class B Class C Total
Emergency Tow
Customer Tow
Abandoned Vehicle
Tow Company B Total
Type of Tow Class A Class B Class C Total
Emergency Tow
Customer Tow
Abandoned Vehicle
Tow Company C Total
Type of Tow Class A Class B Class C Total
Emergency Tow
Customer Tow
Abandoned Vehicle
Tow Company D Total
Type of Tow Class A Class B Class C Total
Emergency Tow
Customer Tow
Abandoned Vehicle
Tow Company E Total
Type of Tow Class A Class B Class C Total
Emergency Tow
Customer Tow
Abandoned Vehicle
Totals
Is
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Darwin Deveny 2005-2006 tow procc 3s manual.pdf ..... _ Page 42
ATTACHMENT S(A)Complaint.Handling Procedures
COMPLAINT HANDLING PROCEDURES
NON-QQNSENSUAL TOWS
The Sheriff has approved the following Procedures for resolving a complaint against tower:
Complainant is advised to submit a written complaint to Tow Coordinator, Washington'County
Sheriff's Office, 215 SW Adams Hillsboro, OR 97123 on a Washington County Sheriffs Office
approved form. Complaints may be directed to a contract law enforcement agency by a
complainant if they chose to do so. If a contract law enforcement agency receives a complaint,
the contract law enforcement agency has the option to handle the complaint prior to notification
to the Washington County Sheriffs Office. If a contract law enforcement agency resolves a
complaint, the.resolution should also be forwarded to the Washington County Sheriff's Office.
If a form is not available please provide the following information on a plain piece of paper.
-Name, address and telephone number of the complai nant
-Name of the tower
-Date and time, location and reason for the tow
-License plate and description of the towed vehicle
-Copy of the tow bill
-Description of what occurred and what the complainant feels is wrong
-A statement of the desired remedy.
Written complaints are forwarded to the tower with the expectation that the tower shall
investigate the complaint and provide a written response to the Washington County Sheriffs
Office within five(5)business days. The Washington County Sheriffs Office will coordinate
resolution between the Tow firm and the complainant. The Tow firm may contact the
Washington County Sheriff's Office for assistance in settling citizen disputes.
None of these steps is intended to preclude complainant from pursuing action in civil court.
An approved complaint form can be found on Attachment 5(B)
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Darwin Deveny 2005-2006 tow p 3s manual.pdf Page 43
Attachment5(B)Complaints against towers
_
Wash ington.0 ou nty Sheriff s Office
Records Division
Complaints against Tow Companies
Name:
------------------ ---------------- ---------------- ----
Address:
Phone:
Tow Company:
Date and time of tow:
Location and reason for tow:
Vehicle Plate # and description:
Please give a detailed description of your complaint. Be sure to include what you would like to see
as resolution. Please use additional papers as necessary and attach a copy of your tow bill. You can
mail completed form to
Please keep in mind that the Washington County Sheriff's Office does not have authority
over tows from private property oidered byproperty owners. if you have a complaint
regarding tows from private property please contact the Better Business Bureau atSO3-
226 3981 orby completing an Oregon DMV form 6SO4. You can obtain such a,form from
the Internet at www.oreaondmv-com/forms M f orms.htm or'from any DMV office.
Page 40
Darwin Deveny 2005-2006 tow procerhires manual pdf Page 44
_
ATTACHMENT 6 24-Hour Abandoned Tow Disposition
}- Washington County Sheriffs Office
215 SWAdams Ave.: Hillsboro OR 97123
(503)846-2700 (503) 846-2564(FAX)
***DISPOSITION SHEET FOR 24-HOUR ABANDONED TOW
To: Fax:
---------------- ----------- ---------------- -------------
Vehicle License Plate Make/Model:
----------- --- ---------------- -----
Location:
• You have been dispatched to tow an abandoned vehicle. It is agreed that you will
remove itwithin 24 hours of the time you were given the call.
• Attached; please find the Appraisal of the vehicle, which contains the registered and
legal owner information as shown in the records of the Department of Motor Vehicles.
• Once the vehicle is in your possession, you are required to call the Washington County
Sheriffs Office Records Division at(503) 846-2700 and give them the applicable vehicle
description and tow information. It will be entered as an impounded vehicle in the Law
Enforcement Data System.
Name of Records Clerk: Date:
• The disposition of the above described vehicle is (you must check one)
❑ The vehicle was towed on
❑ The vehicle was not found on the above listed street/public property.
❑ Other (describe) ________________
After checking one of the boxes above, fax this disposition sheet back to the
Washington County Sheriffs Office Civil Division at(503) 846-2564 within the same twenty-
four hour time period.
Rise 41
Darwin Deveny 2005 2006 tow procerilires manual.pdf Page 45
Attachment 7 Application to Tow Roster
2005 Statement of Qualification s
For Providing Vehicle Towing and Storage Services
1. Legal Name of Business
2. Mailing Address
3. Business Office Address (if different)---___
---------------- ----------------
4. Dispatch Facility Address (if different)______ _______
--------- ...............
5. Telephone Numbers:
Dispatch ________________ __________ (The first number that dispatcher will use.)
Lot________ ________________ _____ (Must always ring at the storage lot/office location.)
Fax Number---------- ............._ (A dedicated line used onivfor sending and receiving faxes.)
Emergency Number_________ _______ (For use if applicant's other numbers do not respond.)
E-Mailaddress
6. Business operates as:
sole proprietorship ______ SS#
partnership —___--
corporation ------ FEIN
--------------- --------------
other(indicate)
7. Storage Facilities: Please complete information for each tow area that you wish to be
assigned.
To w D istrict
Primary Storage Facility address: ________________
---------------- -----
----------- ---------------- ----------
Property zoned as: ___________ (Must provide documentation,such as property tax form.)
Secondary lot location:
Property zoned as: ........... (Must provide documentation,such as property tax form.)
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Darwin Deveny 2005-2006 tow procer ores manual pdf Page 46
Tow District
Vehicle release location (no business office, but well lit counter space, ability to accept
credit and/or debit cards, $50 change, and room for storage of 20 vehicles.
----------------------- ---------------- ----------
Prope rty Zoned as: --------- (Must provide documentation, such as property tax form.)
Tow District
Vehicle release location (no business office, but well lit counter space, ability to accept
credit and/or debit cards, $50 change, and room for storage of 20 vehicles.
----------------------- ---------------- ----------
------ ---------------- ---------------- -----------
Prope rty Zoned as: --------- (Must provide documentation, such as property tax form.)
8. Attach a list ofall equipment to be assigned to these tow areas. Please indicate tow district
assigned to. Attach copies of inspection documents from state or other agencies. In your
listing include:
• Equipment type (wheel lift, roll-bed, motorcycle trailer, etc.)
• Class of equipment (A, 8,C trucks)
• Vehicle Identification Number (VIN)
• License Plate and state ofissue
Vehicle year
Make
Gross Vehicle Weight Rating
Vehicle unit#assigned by Tow firm if any and assigned tow district
9. Attach a list,in desce nding order of authority, of the first,middle and last names and Social
Security Numbers of all applicants, owners, part-owners, partners, business associates,
principal parties, officers, directors, agents, or any other persons associated with the
applicant's performance of this.Contract, plus their titles, dates of birth and emergency
telepho ne numbers. Attach a clearly legiblecopy of the current Driver's License, or state issued
identification card, for each person listed.
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Darwin Deveny 2005 2006_tow procwbires manual pdf Y v ry _ Page 47
10. Financial Interest: -Attach a list ofany-otherlegal entities (individuals, corporations, etc.) not
mentioned in question 8,having a financial interest in the business. Include names,
addresses, birth dates, social security numbers and telephone numbers.
11. List applicant's contact person(s) with responsibility for handling Agency and/or citizen,
complaints and other communications; Individual named must be available at the applicant's
place of business during normal business hours; and have a high degree of familiarity with the
Tow Contract.
Name Contact Telephone Number
12. Has applicant registered with the Oregon Corporation Division as doing business under an
assumed business name orpartnership? YES NO
If Yes,please provide either the assumed business.name and registration date orthe
partnership name and date of registration:
Name: Reg Date:
13. Has applicant registered with the Oregon Corporation Division as a limited partnership or a
corporation? YES _____INO------
If Yes,enter the Corporation Division number:
14. Has applicant previously had a towing contract canceled and/or terminated by any other
jurisdiction? YES _____ NO
If Yes,attach a statement providing the date, location and basis for the cancellation and/or
terminatio n.
15. Has any owner, part-owner, partner, business associate, principal party, officer, director,
agent, employee or any other person associated with the applicant's performance of this
Contract previously had a towing contract canceled and/or terminated by any other jurisdiction?
YES _____ N O______
If Yes,attach a statement providing the date, location and basis for the cancellation and/or
terminatio n.
16. Attach a listof all employees, full or part-time and any personnel providing services under
contractor employment agreement. Include the following information about each person listed:
* FirstName, Middle Name, Last Name
• Date of Birth
• Driver's License Number and State
* Commercial Driver's License Number and State, if applicable
* Job Title (driver,dispatcher, etc. Listall duties of each employee)
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Darwin Deveny 2005-2006 tow procerl-ires manual pdf Page„48
* Social Security Number
Attach a clear) legible copy of the current Operator's License or state identification card for each
person listed. A signed copy of the Confidentiality Statement provided in this packet must also
be attached for each staff member.
17. Do you have knowledge of any arrests, charges, or convictions during the ten years prior to
this application of any applicant, owner, part-owner, partner, business associate, principal
party, officer, director, agent, employee orany other person associated with the applicant's
perfo rmance of this. Contract for any of the following offenses: theft, robbery, burglary, assault,
drugs, prostitution, weapons, fraud, trafficking in stolen goods or any traffic crime, including
but not limited to: driving under the influence of intoxicants; reckless driving, attempt to elude
a police officer, leaving the scene of an injury accident or hit and run?
YES NO
If Yes,attach a written description of the circumstances of the arrest, charge or conviction,
including the date, location and any other pertinent information.
18. Attach one original and one copy of the applicant's certificate of$1 million LIABILITY
INSURAN CE with Washington County named as an additional insured,and complete the
following:
Insurance Provider:
Policy No:---------------- --------------- Exp. Date:
Agent:---------------- ---------------- -- Phone:
19. Attach one original and one cony of the applicant's certificate of$100,000 FIRE and
THEFT(GARAGEKEEPERS) INSURANCE with Washington County named as an additional
insured.and complete the following:
Insurance Provider:
Policy No:---------------- ---------- ------ Exp. Date:
Agent:---------------- ---------------- --- Phone:
20. Attach one original and one copy of the applicant's certificate of$50,000 CARGO
INSURANCE with Washington County named as an additional insured,and complete the
following:
Insurance Provider:
Po I icy N o:---------------- ---------------- Exp.Date:
Agent:---------------- ---------------- --- Phone:
21. Attach one original and one copy of the applicant's certificate of WORKER'S
COMPENSATION coverage, and complete the following:
Insurance Provider:
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Darwin Deveny 2005-2006 tow procer+lrres manual pdf Page 49
Po I icy N o:---------------- ---------------- Exp.Date:
Agent:---------------- ---------------- --- Phone:
22. Lien Filing Procedures
• Does the applicant use a lien service? If so, who?
• How are out of state vehicles handled?
• What records does the applicant maintain regarding vehicles that are liened and sold?
• How long are these records kept?
• Attach a copy of the lien notice letter used by the applicant or the applicant's lien service
of choice.
Submit the completed application with the following attachments:
1. List of all applicants, owners, part owners, partners, etc.
2. List of other legal entities with financial interest.
3. Description of cancellation or termination of previous contract(if applicable).
4. List of all employees.
5. A clearly legible copy of a current Driver's License or state issued identification card for all
persons listed as owners, part-owners, partners, business associates, officers, directors, agents,
principal parties, employees orcontract staff.
6. Confidentiality statements.
7. Information about any arrests, charges or convictions (if applicable).
8. Original plus one copy of applicant's Liability Insurance certificate.
9. Original plus one copy of applicant's Garagekeepers Insurance certificate.
10. Original plus one copy of applicant's Cargo Insurance certificate.
11. Original plus one copy of applicant's Worker's Compensation Insurance certificate.
12. Listof all trucksand special equipment
13. Information about lien filing procedure, including a copy ofthe lien letter
14. Attach a copy of the current tow service rate schedule for private consensual tows.
15. Attach signed Tow Services ContractlTrade Services Agreement
Page 46
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as � -
"Darwin Deveny 2005-2006 tow_procerb fres manual.p Page 50
False information submitted by an applicant shall be considered grounds for rejection or immediate
termination of the Tow Services Contract. Therefore, review of this document is an important step prior
to signing. Signing of this document certifies that all statements contained herein are true to the best of
signer's knowledge.
I certify that I have reviewed the contents of this application, that all statements contained herein are
true to.the best of my knowledge, that I am an officer of the below named business,, and that I am
authorized to sign this document on behalf of the business.
Legal Name of Applicant
Signature of Authorized Officer
Printed name of Authorized Officer
Title of Officer
Date of Application
I,--------------- ------- (authorized signer),hereby give my consent to have a complete credit
history conducted on------------- ---- (Tow`Firm). I understand that information contained within
a credit history may be used during the application process. Furthermore, I understand that if my
application for Rotational Towing is denied based upon items contained within a credit history that the
Washington County Sheriffs Office will.notify said Tow Firm with those reasons.
Sig ned _ date
I,--------------- -------- (person with financial interest in Tow firm), hereby give my
consent to have a complete credit history conducted on myself. I understand that information
contained within a credit history may be used during the application process. Furthermore, I
understand that if my application for Rotational Towing is denied based upon items contained within
a credit history that the Washington County Sheriffs Office will notify me with those reasons.
Sig nod date
I,--------------- -------- (person with financial interest in Tow firm), hereby give my
consent to have a complete credit history conducted on myself. I understand that information
contained within a credit history may be used during the application process. Furthermore, I
understand that if my application for Rotational Towing is denied based upon items contained within
a credit history that the Washington County Sheriffs Office will notify me with those reasons.
Sig nod date
Page 47
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Darwm Deveny 2005-2006 tow procer+ures manual pdf v _ _.m_. , Page 51
I,________________ _______ (person with financial interest in Tow firm), hereby give my
consent to have a complete credit history conducted on myself. I understand that information
conta fined,within a credit history may be used ,during the application process. Furthermore, I
understand that if my application for Rotational Towing is denied based upon items contained within
a credit history that the Washington County Sheriffs Office will notify me with those reasons.
Sig nod date
I,_______________ ________ (person with financial interest in Tow Arm), hereby give my
consent to have a complete credit history conducted on myself. I understand that information'
contained within a credit history may be used during the application process. Furthermore, I
understand that if my application for Rotational Towing is denied based upon items contained within
a credit history that the Washington County Sheriffs Office will notify me with those reasons.
Sig ned _ date
If the Washington County Sheriffs Office denies an application based upon information obtained in a
credit report written notification to the Tow firm or person(s) holding a financial interest as
appropriate will be provided. The written notification will contain:
Name, address, and telephone number of the consumer reporting agency that furnished the
report
A statement that the consumer reporting agency did not make the decision to take the
adverse action and is unable to provide the Tow firm the specific reasons why the adverse
action was taken
Notice ofthe'Tow firm's;orperson(s) holding a financial interest in the Tow firm's, right to
obtain a free copy of consumer report, within 60 days, on the Tow firm.from the consumer
reportin g agency
Notice of the Tow firm's,orperson(s) holding a financial interest in the Tow firm's; right to dispute
with a consumer reporting agency the accuracy or completeness of any information in a consumer
report furnished by the consumer reporting agency.
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Attachment8 Tow Service Contract
TOW SERVICES CONTRACT
This contract is between Washington County, apolitical subdivision of the State of Oregon ("County'.'),
and ("Contractor").
County and Contractor, in consideration of the mutual promises,terms and conditions provided
herein,agree to the following:
SECTION 1 -PURPOSE AND STANDARD OFSERVICES
1.1 This contract sets forth the responsibilities and clarifies the relationship between the County and the
Contractor for purposes of performing Non-Consensual Law Enforcement Tows for the Washington
County Sheriff or other law enforcement agencies which have contracted with the County for Towing
Coordination Services (hereinafter Contract Law Enforcement Agency)
1.2 This contract, the Towing Policy, and the Towing Procedures Manual do not apply to or regulate arty
aspect of any tow operation other than non-consensual tows directed by the Washington County
Sheriffs Office_oraContract Law Enforcement Agency.
1.2 Contractor shall comply with all federal, state and local laws,codes, regulations and ordinances
applicable to the work in this contract. Unless otherwise specified in this contract, Contractor shall
obtain all permits or licenses necessary to perform the work. Failure to comply shall constitute a
material breach of this contract.
1.3 All work shall be performed in a professional manner, and unless the manner or means of
performing the work are specified elsewhere in this contract, Contractor shall employ methods
that are generally accepted or used in the industry,in accordance with industry standards.
SECTION 2 -CONSIDERATION
2.1 In exchange for being placed on the Washington County's Sheriffs Office Tow rotation and in
consideration of the economic benefits accruing to Contractor as a result of being on said rotation,
Contractor agrees to strictly adhere to this contract, the Washington County Sheriff s Tow Policy,
Towing Procedures Manual and towing rate listestablished by Washington County.
SECTION 3-CONTRACTOR RESPONSIBILITIES
3.1 Contractor shall furnish towing services as provided by this Contract, when requested to do so by
authorized Sheriff's Office or Contract Law Enforcement Agency personnel or the contracted
dispatcher, in accordance with this Contract, the Towing Policy and the Towing Procedures Manual.
3.2 Contractor shall adhere strictly to the statutory requirements set forth in the Oregon Revised Statutes
and Oregon Administrative Rules for lien foreclosure,disposition of vehicle contents,and collections.
3.3 Tow trucks are not authorized as emergency vehicles. As such,unless specifically directed by an
authorized Washington County Sheriffs Office or contract law enforcement agency employee,
Contractors are prohibited from:
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(I) "Running code" by operating overhead emergency lights while en route to or from a tow scene.
(2) Disobeying traffic control devices (traffic lights,stop signs,etc.)
(3) Use of any type of siren.
3.4 The Tow firm will not monitor the police radio,or the Dispatch radio,for gain or profit.
3.5 Contractor owner(s) or employees will.notsolicit information as to accident locations by payment of
any form of gratuity.
3.6 Contractor owners)or employees will not solicit those at the scene of an accident. They may 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 owner(s)or employees will not require performance of repair work on a vehicle involved in
an accident or breakdown in connection with providing towing service for the vehicle.
3.8 Contractor owner(s)or employees 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 The Contractor will not charge for services not performed or make duplicate charges for the same
service or charge any fee in excess of those permitted under this Contract.
3.10 The Contractor owner(s)or employees will not use profane or obscene language, which may offend a
customer or any other person.
3.11 The Contractor owner(s) or employees will be respectful and courteous to customers, motorists,
Sheriffs employees or any other person. Contractor owner(s)or employees will not touch any
customer,motorist, Washington County Sheriff's Office or contract law enforcement agency employee
or any other person(s),except in self-defense if threatened with imminent physical harm to him/her self
or another person,or to provide assistance when necessary,such as assisting elderly customers getting
in and out of the tow truck.
3.12 Contractor owner(s)or employees will not remove any parts,property or personal effects or any other
thing from a vehicle, except as specifically permitted in this contract,the Towing Policy, or the Towing
Procedures Manual or at the explicit request of the vehicle owner/owner's agent.
3.13 The,Contractor's owner(s)or employees will,not operate in performance of this contract while
consuming alcohol, or while under the influence of alcohol.
3.14 The Contractor's owner(s)or employees will not operate in performance of this contract while under
the influence of drugs,unless such drugs 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.
3.15 The Contractor's owner(s) or employees will not operate any vehicle or other equipment in
performance of this contract in a careless, reckless,or negligent manner as defined in ORS.
3.16 The Contractor's owner(s)or employees will not operate a towing vehicle in the commission of a
crime.
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3.17 The Contractor's owner(s) or employees will not refuse to issue a clearly legible receipt; if necessary,
in,addition to the standard tow bill,to any owner/owner's agent who requests a detailed listing of all
charges.
3.18 The Contractor's owner(s) or employees will not require any vehicle owner/owner's agent 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/owner's agent's inspection of vehicle or personal
effects.
3.19 The Contractor's owner(s) or employees will nonuse information obtained through performance of this
contract to interfere with the performance of Sheriff's employees' duties.
3.20 Except as directed by a public safety officer,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.
3.21 While performing under this Contract, the Contractor's owner(s)or employees 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's owner(s)or employees will treat the
information to which it has access under this Contract as confidential. Contractor's owner(s)or
employees will not disseminate any information to anyone except as provided:by this Contract.
3.23 The Contractor will provide to the Washington County Sheriffs Office the name and contact telephone
number of the person assigned to complaint handling for the Contractor.
3.24 The Contractor will adhere to the Complaint Handling Procedures established and approved by the
Sheriff for resolution of complaints against the Contractor. (Attachment 5)
3.25 The Contractor will strictly comply with the provisions of 0 R 819.160,and no contractor will place a
lien on,attempt to place,a lien on,or refuse to turn over without charge to the vehicle owner or other
person entitled to possession,any personal property.or the contents of any towed vehicle towed under
this contract for the first fifteen days after taking the vehicle into custody.
3.26 For any tow in which a law enforcement agency is responsible for the costs of the tow, contractor will
bill the law enforcement agency requesting the tow. Contractor agrees that Washington County is not
the guarantor of payment for any tow requested by any contract law enforcement agency.
SFCTION 4-TERMINATION SIISPF.NSION OR RF.MOVAI. FROM TOW ROSTER
4.1 This contract may be immediately terminated by the Sheriff or his designee,acting for the County, or
Contractor,without prior notice for any reason.
4.2 Contractor agrees that if the Washington County Sheriff determines that termination is not warranted in
a particular situation, Sheriff or his designee may temporarily suspend Contractor from one or more
tow rotation lists for a period of time designated by the Sheriff or take other lesser measures as the
Sheriff or his designee deems appropriate.
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4.3 Specific actions which may result in.termination or suspension include but are not limited to any breach
of this contract,.any violation of the Sheriff's Tow Policy or Towing Procedures Manual; any.violation
of state law or administrative rule relating to providing tow services under this contract,
misrepresentation on an application, criminal or civil violations by Contractor, its agents and officers,
failure to notify the Sheriff of criminalactivity in.a,reasonable period of time, failure to pay the
contracted dispatcher within 30 days of invoice, failure to maintain at least one'approved driver for '
each tow vehicle for each towing area, commingling equipment or personnel between tow firms, failure
to maintain all required insurance coverage, and"'failure to investigate and resolve complaints regarding
non-consensual tows.
4.4 In addition to the indemnification.provisions contained in the attached Standard Terms and Conditions,
Contractor agrees'to hold the County,its officers,agents and employees harmless and indemnify the
same for any action, suit,claim.of damage or loss incurred by Contractor as a result of being suspended
from any tow roster or as a result of the termination of this contract, or for any measure taken by the
Sheriff as a sanction for violating a provision of this contract, the Sheriffs Tow Policy or Towing
Procedures Manual. Contractor specifically agrees that in the event Contractor tiles any claim, action,
suit or demand against County,its officers;agents and employees or against any contract law
enforcement agency, its officers or employees, as a result of a suspension or termination under this
contract, the Sheriff's Tow Policy or the Towing Procedures Manual, Contractor will be liable for all
expenses of detending the claim including but not limited to any costs or attorney fees and all staff'time
incurred by County or a contract law enforcement agency incurred in defense of the claim, action, suit
or demand.
4.5 Neither termination of this contract nor suspension from the rotation list will relieve the Contractor
from the obligations of this Contract, the Tow Policy or the Towing Procedures Manual pertaining to
vehicles and their contents under the Contractor's custody and control at the time the termination or
suspension becomes effective.
SECTION 5-NOTICF. OFTF.RMINATION OR SIISPF.NSICIN
5.1 Notice of termination of this contract or suspension from one or more tow rosters will be mailed, first-
class postage prepaid, to the Contractor's last known address. Notification will include the reason for
the termination or in the case of a suspension,the length of the suspension. If the termination or
suspension takes effect immediately, the Tow Coordinator will contact the Contractor by telephone in
addition to sending the notice. The notification may also include any procedures that the Contractor
must take to be reinstated on the roster.
SF.CTInN 6- INSIIRANCF.
6.1 Contractor will maintain legal liability and property damage insurance that protects Contractor and
Washington County,it's officers,employees, and agents from any and all claims, demands.actions and
suits for damage to property or personal injury,including death, arising from the Contractor's work
under this Contract, including all operations of subcontractors.The insurance will provide primary
coverage for not less than$1,000,000 for personal injury to each person,$1,000,000 for each
occurrence, and $1,000,000 for each occurrence involving property damage; or a single limit liability
policy for not less than $1,000,000 covering all claims per occurrence. The limits of the insurance will
be subject to statutory changes as to maximum limits of liability.imposed on local governments of the
State of Oregon. The insurance will be without prejudice to,coverage otherwise existing and will name
as additional insured Washington CountyAotwithstanding the naming of additional insureds,the
insurance will protect each insured in the same manner as though a,separate policy had been issued to
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each,but nothing herein will operate to increase the insurer's liability as set forth elsewhere in the
policy beyond the amount or amounts for which the insurer would have been liable if only one person
or interest had been named as insured. The coverage will apply as to claims between insureds on the
policy. The insurance will provideahat the insurance will not terminate or be canceled without thirty
(30)days written notice first being given torthe County. If the insurance is canceled or terminated prior
to completion of the calendar year, Contractor will provide a new,policy with the same terms.
Contractor agrees to maintain continuous;:uninterrupted coverage for the duration ofthe calendar year,
or while working under:this Contract. The insurance will include coverage for any damages or injuries
arising out of the use of automobiles or other motor vehicles by the Contractor.
6.2 Contractor will maintain primary fire and theft insurance (garagekeepers insurance) to protect stored
vehicles in a minimum amount of$100,000. Washington County shall be named as an additional
insured on this policy.
6.3 The Contractor will maintain primary cargo insurance in a minimum amount of$50,000. Washington
County shall be named as an additional insured on this policy.
6.4 In no case will any policy deductible exceed $2,500 per event for any insurance required by this
contract. The Contractor will provide an endorsement for all vehicles (may be on a fleet basis),used in
performing services under this Contract, for all insurance described in this Contract. Each tow truck
used for tows under this Contract will cavy an insurance identification card at all times.
6.5 Contractor and its subcontractors, if any, will comply with the Oregon,`workers'compensation laws and
maintain appropriate coverage for their subject workers. A certificate of insurance, or copy thereof,
will be required at the time of application. Contractor agrees to maintain workers' compensation
insurance coverage for the duration of their work under this Contract.
6.6 Contractor shall provide upon execution of this contract certificates of insurance acceptable to County,
and naming Washington County asan additional insured, providing evidence of all insurance required
by this contract, the effective date of the policy, and the name, address and telephone number of the
insurance provider.
SECTION 7-SHERIFF RESPONSIBILITIES
7.1 The Washington County Sheriff will provide an example of a Tow Invoice that lists all information
required on Tow Invoices to be used for tows subject to this Policy. (Attachment 1)
7.2 For a vehicle placed under formal police hold which is later re-towed to a law enforcement operated
storage facility, the appropriate law enforcement agency will pay the Contractor for the original tow at
the rate set forth in this Policy, plus the re-tow.
7.3 The law enforcement agency will pay the Contractor within 60 days of acceptance of a correct billing
submitted by the Contractor for a tow performed under this Contract for which the law enforcement
agency is liable.
7.4 The Washington County Sheriff's Office will provide, to the Contractors, maps of the entire area served
by this Contract showing the boundaries for each district. (Attachment 1;1)
7.5 The Washington County Sheriffs Office will establish all special rotations and provide telephone
numbers and addresses to the current contract dispatch service for all qualified Contractors.
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7.6 The Washington County Sheriff's Office will provide, to the current contracted dispatch service and the
qualified Contractors, a list of all Contractors,in each district in the order of the rotation including
telephone numbers and addresses,and!indicating on which rotations each Contractor is included.
7.7. In the event of aerate change or changes•to the Towing Procedures Manual, the Washington County
Sheriffs Office will notify all Contractors.
7.8 The Washington County Sheriff's Office shall periodically revise the Tow Policy and Towing
Procedures Manual and tow rates, as it deems necessary, in its sole discretion.
SECTION 8 -CONTRACT TERM
8.1 The contract shall be effective upon final signature.
8.2 The expiration date is a biennial calendar basis of two years beginning January 1 of the year following
when the contract was executed and expires on December 31 on the second year, unless otherwise
amended.
8.3 Passage of the contract expiration date shall not extinguish or prejudice the County's right to enforce
this contract with respect to any default or defect in performance that has not been cured.,
SECTION 9-ADDITIONAL. DOCUMENTS AND ATTACHMENTS
9.1 The following documents are incorporated into this contract:
X Contractor's Completed Statement of Qualification s and attachments.
X Washington County 2004 Towing Contract Terms and Conditions.
X Washington County Sheriffs Tow Policy
X Washington County Sheriffs Towing Procedures Manual
X Attachments 1 through 13
In the event there is a conflict between the documents comprising this contract, the following order of
precedence shall apply:the terms and conditions in the body of this contract and attachments; Standard
Contract Terms and Conditions; Washington County Sheriff's Tow Policy; Washington County Sheriff's
Towing Procedures Manual; and Contractor's Statement of Qualification s.
SECTION 10-COUNTY CONTRACTOR ADMINISTRATOR
Name: Melaney..Koch
Address: 215SW Adams Avenue M/S 32
Hillsboro,OR 97123
Telephone: (503)846-2741
Fax: (503)846-2719
E-mail: melaney_koch a co.wash ington.or.us
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SECTION I1 -SIGNATORIES
CONTRACTOR :
By my signature below, I certify. that I am authorized to.execute this contract on behalf of Contractor:
S ignature Date
Name(Printed) Title
Address:
Tax Identification Number
Contractor Contact Person;
Name: Telephone:
Address: Fax:
E-Mail:
COUNTY:
Signature Date
Printed Name Title
Minute Order#
Recording Secretary
Washington County Sheriff
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Attachment 9 2004 Towing Contract Terms and Conditions
2004 TOWING CONTRACT TERMS AND CONDITIONS
1. Subcontracts and Assignment. Contractor shall not enterinto any subcontracts for any of the work required by this
contract,or assign or transferany of its interest in this contract;without the prior written consent of Washington
County. The provisions of this contractshall be binding upon and shall inure to the benefit of the parties hereto,:and
their respective successors and assigns, if any;
2. Third,Party Beneficiaries County,Contract Law Enforcement Agencies and Contractorare the only parties to this
contractand are the only parties entitled to enforce its terms. Nothing in this contract gives,is intended to give,or
shall be construed to give or provide any benefit or right,whether directly,indirectly,or otherwise,to third persons
unless such third persons are individually identified by name herein and expressly described as intended beneficiaries
of the terms of this contract.
3. Written Notice. Any notice of change,termination,or other communication having a materialeffecton this
contractshall be upon the County Contract Adnninistrator and the Contractor Contact Person and served in one of the
following manners:a)In-persondelivery;or b)deposited in the U.S.Mail under certifiedor registered handling,
postage prepaid. Except as provided in this contract,it is agreed that fifteencalendar days shall constitute reasonable
notice for the exercise of any right in the event that applicable law specifically requires such notice.
4. Governing Law/Venue/Atbrney Fees. This Contract shall be governed by and construed in accordance with the
laws of the State of Oregon without regard to principles of conflicts of law. Any claim,action,suit or
proceeding(collectively,"Claim") between County and Contractor that arises from or relates to this contract
shall be brought and conducted solely and exclusively withimthe Circuit Court of Washington County for the
State of Oregon; provided, however,if a Claim is brought in a federal fortan,then it shall be brought and
conducted solely and exclusively within the United States District Court,for the District of Oregon.
CONTRACTOR, BY EXECUTION OF THIS CONTRACT,HEREBY CONSENTS TO THE IN PERSONAM
JURISDICTION OF SAID COUR71'S. The prevailing party in a Claim shall be entitled to reasonable attorney fees
and costs as awarded by the court,including any appeal.
5. Remedies Cumulative. All rights and remedies of County and Contractor shall be cumulative and may be exercised
successively or concurrently. The foregoing is without limitation to or waiver of any other rights or remedies of
County according to law.
6. Severability/Waiver. County and Contractor agree that,if any term or provision of tliis.contractis declared by a
court of competent jurisdiction to be illegal or in conflict with any law,the validity of the remaining terms and
provisions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the
contractdid not contain the particularterm or provision held to be invalid.The failureof either party to enforce any
provision of this contractshall not constitute a waiverby that party of that or any other provision of this contract.
7. Independent Contractor.
7.1 Contractor shall perform the work requiredby this contract as an"Independent Contractor." Although
County reservesthe right to determine the delivery schedule for the work to be performed and to evaluate
the quality of the completed performance,the County cannot and will not control the means or manner of
the Contractor's performance.The Contractor shall comply promptly with any requests by County relating
to the emphasis or relativeemphasis to be placed on various aspects of the work or to such other matters
pertaining to the work under this contract. Contractor is responsible for determining the appropriate means
and manner of performing the work.
7.2 Contractor represcntsand warrantsthat Conitractoris not an employee of the County, isnot currently
employed by the Federal Government,meets the specific independent Contractor standards of ORS 670.600,
and is not an"off icer",`employee",or"agent"of the County, as those terms are used in ORS 30.260 et.seq.
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7.3 Contractor is not eligible for any federal Social Security,unemployment insurance,or workers'
compensation benefits or compensation of any sort from County under this contract.
7.4 Contractor agrees to immediately provide.County notice of any claim made against Contractor by any third
party relatedto tow services.
8. Indemnification Contractor shall hold harmless,.,indemnify,and defend the County, its Commissioners,employees.
and agents for any and all claims,damages,losses,and expenses,including but not limited to reasonable attornev(s)
feesarising out of or resulting from Contractor's performance of or failureto perform the obligations of this contract.
9. Nondiscrimination No person shall be denied or subjected to discriminaticn in receiptof the benefits of any
servicesor activities made possible by or resulting from this contracton the grounds of race,color,religion,gender,
sexual orientation,national origin,disability,age,or maritalstatus. Any violation of this provision shall be
considered a material defect and shall be grounds for cancellation,termination or suspension in whole or in part by
the County.
10. "rime is of the essence. Time is of the essence in Contractor's performance of eachand every obligation and duty
under this contract
If. ForceMajeure. Neither County nor Contractor shall be held responsible for delay or defaultcaused by tire,riot,
acts of God,or war where such cause was beyond, respectively,County's or Contractor's reasonable control.
Contractor shall make all reasonable effortsto remove or eliminatesuch a causeof delay or defaultand shall,upon
the cessation of the cause,diligently pursue performance of its obligations under this contract.
12. Compliance with Applicable Law. Contractor and its subcontractor(s)shall comply with all federal,state,and
local laws and ordinances applicable to the work performed under this contract including,but not limited to the
following,as applicable: Title Vl ofthe Civil Rights Act of 1964,Section V of the Rehabilitation Act of 1973,the
Americanswith Disabilities Act of 1990(Pub 1.No. 101-336),ORS 659.425 and all regulations and administrative
rules established pursuant to those laws;and all other applicable requirements of federal and state civil rights and
rehabilitatim statutes,rules and regulations.
13. Oregon Registration. IfContractor is not domiciled in or registeredto do business in the Stateof Oregon,
Contractor shall promptly provide to the Oregon Department of Revenue and the Secretary of'State Corporation
Division all information required by those agencies relativeto this contract.
14. Publicity. Contractor shall not use in its external advertising,marketing programs or other promotional efforts,any
data,pictures,or other representations of the County except on prior specific writtenauthoriza{ion from County
management.
15. Survival. The terms,conditions,representations,and all warrantiescontained in this contract shall survive the
termination or expiration of this contract.
16. Counterparts This contract may be executed in several counterparts,each of which shall be an original,all of
which shall constitute one and the same instrument.
17. Warranties Contractor represents and warrants to County that: (a)Contractor has the power and authority to
enter into and perform the contract,(b)the contract,when executed and delivered, shall be a valid and binding
obligation of Contractor enforceable in accordance with its terms,and(c)Contractor's performance under the
contract shall be in a good and workmanlike manner and in accordance with the professional standards.
18. Records Contractor shall maintain all fiscal records relating to tows performed under this contract in accordance
with generally accepted accounting principles. In addition,Contractor shall maintain any other records pertinent to
this contract in such a manner as to clearlydocument Contractor's performance hereunder. Contractor
acknowledges and agrees that County and its duly authorized representatives shal I have access to such fiscal records
and all other books,documents,papers,plans,and writings of the Contractor that are pertinent to this contract. All
such fiscal records,books, documents,papers,plans,and writing shall be retainedby Contractor and kept accessible
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for a minimum of three years,except as required longer by law;following final,paynnent and termination of this
contract,or until the conclusion of any audit,controversy,or litigation arising out of or relatedto this contract,
whiche%er date is later.
19. County Policies. During the performance of this contract,Contractor shall follow County's Affirmative Action
Program which is to promote the objectives of the Equal;Employment Opportunity Commission's guidelines asset
forth in the Equal Employment Opportunity Act of 1972,OregonState Laws„legal`mandates,and Presidential
Executive Order 11246 entitled Equal Employment Opportunity as amended by Executive Order 11375 and as
supplemented in Department of Labor Regulation 41 CFR part 60. 'Contractor shall also follow the County
Harassment Freeand Violence in the Workplace Policies. All subcontracts shall also comply with these provisions.
20. Public Contracting Statutes,
20.1 All requirements of Oregon Revised'Statutes Nos.279.310 through 279.430, Public Contracting,including
but not limited to the following,as applicable,are incorporated herein by reference:
a. ORS 279.314, concerning payment of claims by public officers;
b. ORS 279.316, concerning hours of labor;and
c. ORS 279.320, concerning payment for medical care.
20.2 The Contractor agrees to:
a. Make payment promptly,as due,to all persons supplying, to Contractor,labor or material for the
prosecution of the work provided for in.this contract;
b. Payall contributions or amounts due the.Industria l Accident Fund incurredin the performance of
the contract:
C. Not permit any lienor claim to be filed or prosecuted against the County on account of any labor or
material furnished pursuant to this contract;and
d. Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.
21. Use of County Facilities Contractor and.A&employees or agents shall have the right to use only those facilitiesof
County that are necessaryto perform the services under this contract and shall have no right of access to any facility
of the County without prior approval of County management. County shall have no responsibility for the loss,theft,
mysterious disappearanceof or damage to equipment,tools,materials,supplies,and other personal property of
Contractor or its employees,subcontractors or agents which may be stored on County premises.
22. Amendment. This contract may only be amended by a writtenamendment signed by authorizedagenis of both
parties.
23. Whole Contract THIS CONTRACT CONSTITUTESTHE COMPLETE AND EXCLUSIVE STATEMENT
OF THE CONTRACT BETWEEN THE PARTIES THE PURPOSE DESCRIBED HEREIN AND
SUPERSEDES ALL PRIOR AGREEMENTS OR PROPOSALS, ORAL OR WRITTEN,AND ALL
OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF
THIS CONTRACT.
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Attachment 10 Rates
TOW RATES FOR
WASHINGTON COUNTY SHERIFF'S OFFICE
NON-CONSENSUAL TOWS
2005-2006 Rates
Service Maximum
Dolly 40.00
Recovery minimum 60.00
Recovery per hour 110.00
Mileage 5.00
Standby time* per%hr 2'5.00
Storage Fee Outside 29.00
Storage Fee Inside(only if 34.00
requested)
Hook-up Accident 130.00
Hook-up,Non- 68.00
Accident/Disabled Motorist
Hook-up Police Impound 110.00
After hours gate fee 40.00
Clean up fee per 1/4 hour* 25.00
*(after initial,%hour at
scene)
Hook-up rates are for Class A Vehicles Class B and Class C are to be charged at
reasonable rates for the Industry in the Portland Metropolitan Area.
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Attachment 11 Vehicle Release notification to Contracted Dispatcher
VEHICLE RELEASE NOTIFICATION
COMPANY
TOW DISTRICT DATE
Please print leaiblV
TOW NUMBER REL. CODE REL .TIME PLATE OR VIN
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
Release Codes: RO-RELEASE TO OWNER, L-LIEN ,T-SURRENDERED TITLE
Releases shall be reported to the contracted dispatcher daily with the previous days releases only.
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Attachment 12 Vehicle Release Requirements
Washington County Towing Procedures Manual
Vehicle Release 'Re uirements
Typeof Release Law Documents
Tow Requirement Enforcement` !Required for
Fee Police Release
Abandoned No Release NA NA
Hazard/No Hold No Release NA NA _
Collision
Evidence RELEASE REQ Depends on Pro of of ownership,
reason vehicle insurance, valid ID
taken as evidence
Stolen Vehicle i I I RELEASE REQ NA Proof of ownership
only
ORS 813.010 RELEASE REQ FEE Proof of ownership,
DUII respective to insurance, valid DL
agency
ORS 806.010 RELEASE REQ FEE Proof of ownership,
Driving Uninsured respective to insurance, valid"DL
agency
ORS 811.175 or RELEASE REQ FEE Proof of'ownership,
811.182respective to insurance, valid DL
Driving while agency
Suspended
DWS
ORS 807.010 RELEASE REQ FEE Proof of ownership,
Operating without respective to insurance, valid DL
driving privileges agency
or in violation of
license restrictions
Other RELEASE REQ FEE Proof of ownership,
applicabl a City respective to insurance, valid DL
or County agency
Ordinance*
*Ordinance: There are other applicable ordinances in cities throughout Washington County which
allow for towing. When applied, the officer should indicate that the tow is an 'ordinance" tow.
Requests for PROPERTY from a Towed Vehicle:
If subject wishes to remove property from the vehicle (where a vehicle release would be required if
subject was claiming the vehicle), a property release is required. Must provide proof of ownership.
Note: Insurance agent may view or photograph the vehicle showing proof of agent identification
during business hours or gate fee may be charged.
Rage 61
Darwin Deveny - 2005-2006_tow_proce es_manual.pdf Page 6
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Washington County SherifTs Office
Tow Areas(Attachment 13) .n,
2/9/2007 CITY OF TIGARD
Page 1 of 1
9:32:54AM ImageFlow Lite Report - Legislative History (Detailed) UserID: CAROL
Doc. Ret. Code Doc. Date Item Ret. Action Code Brief Description — et. o e
Cont. Date Exp.. Date Name Referred to File Reference # Security Class
Abstract Keywords
12/31/2007 DARWIN DEVENY
WE DO NOT HAVE AN ORIGINAL OF THIS CONTRACT IN THE INTERGOVERNMENTAL AGREEMENT
FILE. PD GAVE US A PHOTOCOPY WHICH IS ALL THEY WASHINGTON COUNTY
RECEIVE FROM WASHINGTON COUNTY (PER LAURIE TOWING COORDINATION SERVICES
GARRISON, 1/1/07) TIGARD POLICE DEPARTMENT
TOW COORDINATOR
PROCEDURE MANUAL
AMENDMENT
Total Items Printed: 1