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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 r\ 4 o383 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 fr c liJir'`— S/// / l 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 err..m G- �'q 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. 17 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, 18 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. 19 (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. 20 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. 21 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. 22 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. 23 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. 24 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. 25 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. 26 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. 27 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. 28 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. 46 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 47 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. 48 - 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. 49 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. 50 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 51 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. 52 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. 53 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. 54 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 55 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 56 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. 57 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 58 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 �± W!F° �,I�I�IIL4���IL0�fu5�s'axOfk`I' � J 6.•�• _ `�� rlj�t� ' w`����� I F �ry�Iry��I�gp�lnrilFA'NI� IN Mir WRPM n rl ° 5 10. 'Y NIWiF Hf lowY l� �y y •� �. s.775`3� ����� 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.). Mage 5 ... _ - ._ 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. Page 6 Page 10 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) Rage 7 Darwin Deveny 2005-2006 tow grocer' 'res manual pdf Pae 11 i - - 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 Page 8 _._._. Darwin Deveny 2005-2006 tow procer'--res manual_pdf Page 12 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. Page 9 Darwin Deveny 2005-2006 tow procet',,res manualWpdf ._... _..____.. . _._ ___.... .Page 13: 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. Page 10 Darwin Deveny 2005-2006 tow procer',ares manual pdf Page 14 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 Page I I t• ... .. _. ......., ... ... ... 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 Page 12 (Darwin Deveny 2005-2006_tow proce�' ices manual pdf �� y Page 16 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: Page 13 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. Page 14 Darwin Deveny 2005-2006 toproce�' yes manual pdf _ _..__., __ Page 18 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: Page 15 I ' Darwin Deveny 2005 2006 tow proce,' -res manual pdf Page 19! 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 Page 16 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. Page 17 Darwin Deveny -0'0'5-2006 tow_proce,' ,,es manual pdf _ - _._ .Page 2.1 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: Page 18 Darwin Deveny 2005-2006 tow proce,"res manual pdf Page 22 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. Page 19 — - - Darwm Deveny 2005 2006 tow prose �es manual pdf Page 23 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. 1'age 20 Darwin Deveny 2005 2006 tow proce -es manual df Page 24 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 Page 21 Darwin Deveny 2005--2006tow procer' --es manual pdf Page 25 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. Page 22 Darwin Deveny_ 2005-2006 tow procr es manual pdf rn ,Page 26', 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. Page 23 Darwin Deven 2005-2006 tow prou es manual df Pa a 27 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. Page 24 i Darwin Deveny 2005-2006 tow procr -es manual pdf Page 28 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. Page 25 Darwin Deveny 7 2005-2006 to procF es manual pdf Page 29 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 Page 26 Darwin Deveny 2005-2006 tow proof es manual pdf _ u W` y Page 30 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. Page 27 "Darwin Deveny 2005-2006 tow procf 'es manuaI.Nf Pa a 31 _. 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. Page 28 Darwin Deveny 2005-2006 tow procc es manual pdf Page 32 �—_ ._-� _.._ ::_ .- _.- -_.__._..... _W 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 . Page 29 f Darwin Deveny 2005-2006 tow proce Bs manual pdf Page 33 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. Page 30 - - - 77 Darwin Deveny 2005-2006 tow proce -as manual pdf Page 34 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 Page 31 -- nw­ 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. Page 32 - - - - - :. 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. Page 33 -- -- -- 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 Page 34 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. Page 35 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 Page 37 "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 Page 38 _.z 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) Page 39 -- 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.) Page 42 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. Page 43 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) Page 44 - �.. 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: Page 45 — 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 --- 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 .-.. — ..- 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. Page 48 Darwin Deveny_ 2005-2006 'lures manualpdf -:::. Page 52 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: Page 49 Darwin Deveny 2005-2006 tow pro- Mures manual.pdf Page 53 (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. Page 50 Darwin Deveny 2005-2006 tow pro lures manual pdf Page 54 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. Page 51 .... Darwin Dever 2005-2006 tow_ r� Page 55 dures manual pdf Y . ..P 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 Page 52 Darwin Deveny 2005 2006 tow_pr� lures manual pdf Page 56 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. Page 53 Darwin Deveny 2005-2006 tow pro ,Mures manual.pdf Page 57 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 Page 54 Darwin Deveny 2005-2006 tow pm Mures manual pdf Page 58 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 Page 55 w Darwin Deven 2005-2006 tow ProcP fres manualpdf Page 59 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. Pae 56 Darwin Deveny 2005-2006 tow proce "'res manual pdf W - Page 60 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 Page 57 Darwin Deveny 2005-2006 tow_proce -res manual.pdf Page 61 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. Page 58 Darwin Deveny 2005.2006 tow procpl-fres manual pdf Page 62 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. Page 59 Darwin Deveny 2005-2006 tow proceres manual pdf Page 63,'`; 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. Page 60 Darwln Deven 2005 2006_tow procF "es manual pdf W yy Page 64E 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 In 17-! 1+ i. . 0 r' t` 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