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Home My WebLink AboutDoc 034 - Towing Contract - High LakesDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orq AGENDA REQUEST & STAFF REPORT For Board Business Meeting of January 20, 2010 DATE: January 6, 2010 FROM: Sue Brewster, Legal Counsel Department: Sheriffs Office Phone #: 385-1714 TITLE OF AGENDA ITEM: Consideration of Board Signature of Deschutes County Services Contracts #2010-28, 29, 30 31, 32, 33, 34, 35, 36, 37. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: These contracts are with privately owned tow companies to provide towing and storage for private vehicles when a deputy calls for tow services. In order to be eligible to enter into the contract, the tow companies had to complete and pass an application process which included criminal background checks for employees and owners, inspections of all tow trucks and equipment, obtaining an Oregon State Police letter of appointment to be eligible to tow, and submitting zoning approval documentation and signed confidentiality agreements. FISCAL IMPLICATIONS: None. RECOMMENDATION & ACTION REQUESTED: It is requested that the Board sign each of the Service Contracts to provide towing and storage for private vehicles. Historically, the Board has signed these contracts. ATTENDANCE: Sue Brewster, Legal Counsel, Sheriff's Office Rebecca Brown, Civil Division, Sheriffs Office DISTRIBUTION OF DOCUMENTS: Please return two fully executed originals of each contract to Sue Brewster at the Sheriff's Office. DESCHUTES COUNTY DOCUMENT SUMMARY Date: January , 2010 Contractor/Supplier/Consultant Name Abbas Automotive, Inc American Towing NW, Inc AM -PM Towing, Inc dba Trac Towing Central Oregon Towing & Recovery Consolidated Towing, Inc Davis Towing, Inc High Lakes Towing & Recovery La Pine Towing & Recovery Mike's Cascade Towing Roger's Auto & Truck Towing Department: Sheriffs Office Contact Ike Abbas Terri King Greg Strausbaugh Wesley Riffle Loni Anton Arthur Davis Marlen Mariott Wesley Riffle Mike Finley, Sr. Roger Macomber Phone 541-504-5959 541-383-2965 541-317-8722 541-536-5759 541-389-8080 541-549-6811 541-536-1579 541-536-9757 541-771-6453 541-923-5401 Type of Document: Documents 2010-28 through 2010-37 are service agreements between each tow company and the Sheriff's Office. Goods and/or Services: These contracts are with privately owned tow companies to provide towing and storage for private vehicles when a deputy calls for tow services. These contracts are not for evidence tows of for tows of County vehicles. The County has a separate agreement with Consolidated Towing for those tows. Background & History: These contracts are with privately owned tow companies to provide towing and storage for private vehicles when a deputy calls for tow services. In order to be eligible to enter into the contract, the tow companies had to complete and pass an application process which included criminal background checks for employees and owners, inspections of all tow trucks and equipment, obtaining an Oregon State Police letter of appointment to be eligible to tow, and submitting zoning approval documentation and signed confidentiality agreements. Agreement Starting Date: January 1, 2010 Ending Date: December 31, 2012 Annual Value or Total Payment: None. 1/6/2010 Insurance Certificate Received (check Abbas Automotive, Inc American Towing NW, Inc AM -PM Towing, Inc dba Trac Towing Central Oregon Towing & Recovery Consolidated Towing, Inc Davis Towing, Inc High Lakes Towing & Recovery La Pine Towing & Recovery Mike's Cascade Towing Roger's Auto & Truck Towing box) Insurance Expiration Date 06/01/2010 09/01/2010 07/28/2010 02/23/2010 05/01/2010 09/15/2010 12/17/2010 02/23/2010 12/26/2010 07/29/2010 Check all that apply: ❑ RFP, Solicitation or Bid Process ❑ Informal quotes (4150K) ® Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) Funding Source: (Included in current budget? ❑ Yes ® No If No, has budget amendment been submitted? ❑ Yes ® No Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No Special conditions attached to this grant: Deadlines for reporting to the grantor: If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant -funded position so that this will be noted in the offer letter: ❑ Yes ❑ No Contact information for the person responsible for grant compliance: Name: Phone #: Departmental Contact and Title: Sue Brewster, Sheriffs Office Legal Counsel Phone : 38 17 4 Sheriffs Approval: ,i. Ai / - 7 /D • i • r ture Date Distribution of Docum t: Please return two fully executed originals of each contract to Sue Brewster at the Sheriff's Office. 1/6/2010 Official Review: County Signature Required (check one): ® BOCC E Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. Legal Review fi r" Date / -- - ( 0 Document Number 2010-28, 29, 30, 31, 32, 33, 34, 35 36, 37 1/6/2010 For Recording Stamp Only DESCHUTES COUNTY SERVICES CONTRACT CONTRACT NO. do»O" This Contract is between DESCHUTES COUNTY (County) and H.:In lc) Lt t- ,' c; 4-- l r 0L)cri The parties agree as follows: ,f �f Effective Date and Termination Date. The effective date of this Contract shall be January 1, 2010, or the date, on which each party has signed this Contract. Unless extended or terminated earlier in accordance with its terms, this Contract shall terminate when County accepts Contractor's completed performance or on December 31, 2012 at 2359 hours. Contractor shall not extinguish or prejudice County's right to enforce this Contract with respect to any default by Contractor that has not been cured. Statement of Work. Contractor shall perform the work described in Exhibit 1. Payment for Work. Rates as described in Exhibit 1-A. Contract Documents. This Contract includes Page 1-8 and Exhibits 1, 1-A, 1-B, 1-C, 1-D, 1-E, 1-F, 2, 2-A, 3, 4, and 5, Schedule A, Forms A and B. Contractor Address: ) 5. 7 —20 CONTRACTOR DATA AND SIGNATURE Federal Tax ID# or Social Security #: h, . _ Is Contractor a nonresident alien? ❑Yes Olo Business Designation (check one): ❑Corporation -for profit Sole Proprietorship ['Partnership ❑Corporation -non-profit ❑Other, describe A Federal tax ID number or Social Security number is required to be provided by the Contractor and shall be used for the administration of state, federal and local tax laws. Payment information shall be reported to the Internal Revenue Service under the name and Federal tax ID number or, if none, the Social Security number provided above. I have read this Contract including the attached Exhibits. I understand this Contract and agree to be bound by its terms. NOTE: Contractor shall also sign Exhibits 3 and 4. Signature Title w (\ \LNP\corl r k.. VV1c.vv rti Name (please print) Date Page 1 of 25 — Tow Contract G.'��W Doc.amee isl}N1POUNDS1(:ONTRAC]\20I01201O Tow Con ract.doc DESCHUTES COUNTY SIGNATURE Contracts with a maximum consideration of not greater than $25,000 are not valid and not binding on the County until signed by the appropriate Deschutes County Department Head. Additionally, Contracts with a maximum consideration greater than $25,000 but less than $75,000 are not valid and not binding on the County until signed by the Director of Administrative Services. Dated this /j 4/14 /144u* , 2010 Approved this of , 2010 for the DESCHUTES COUNTY BOARD OF DESCHUT OUNTY SHEFF,'S OFFICE COMMISSIONERS By: Larry, • antocr!Shenff ATTEST: Dennis R. Luke, Chair Alan Unger, Vice Chair Recording Secretary Tammy Baney, Commissioner Page 2 of 25 — Tow Contract EDocumentsiIMPOUNDS'EONTRACT•2010'.2010 Tow Conirac1.dot STANDARD TERMS AND CONDITIONS 1. Time is of the Essence. Contractor agrees that time is of the essence in the performance of this Contract. 2. Compensation. Payment for all work performed under this Contract shall be made in the amounts and manner as set forth in Exhibit 1-A. a. Payments shall be made to Contractor following County's review and approval of billings submitted by Contractor. b. All Contractor billings are subject to the maximum compensation amount of this contract. c. Contractor shall not submit billings for, and County shall not pay, any amount in excess of the maximum compensation amount of this Contract, including any reimbursable expenses. 1) If the maximum compensation amount is increased by amendment to this Contract, the amendment shall be fully executed before Contractor performs work subject to the amendment. 2) No payment shall be made for any services performed before the beginning date or after the expiration date of this Contract. d. This Contract shall not be amended after the expiration date. e. Contractor shall submit monthly invoices for work performed. The invoices shall describe all work performed with particularity and by whom it was performed and shall itemize and explain all expenses for which reimbursement is claimed. f. The invoices also shall include the total amount invoiced to date by Contractor prior to the current invoice. g. Prior to approval or payment of any billing, County may require and Contractor shall provide any information which County deems necessary to verify work has been properly performed in accordance with the Contract. 3. Delegation, Subcontracts and Assignment. Contractor shall not delegate or subcontract any of the work required by this Contract or assign or transfer any of its interest in this Contract, without the prior written consent of County. a. Any delegation, subcontract, assignment, or transfer without prior written consent of County shall constitute a material breach of this Contract. b. Any such assignment or transfer, if approved, is subject to such conditions and provisions as the County may deem necessary. c. No approval by the County of any assignment or transfer of interest shall be deemed to create any obligation of the County to increase rates of payment or maximum Contract consideration. d. Prior written approval shall not be required for the purchase by the Contractor of articles, supplies and services which are incidental to the provision of services under this Contract that are necessary for the performance of the work. e. Any subcontracts that the County may authorize shall contain all requirements of this Contract, and the Contractor shall be responsible for the performance of the subcontractor. 4. No Third Party Beneficiaries. a. County and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. b. Nothing in this Contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name in this Contract and expressly described as intended beneficiaries of this Contract. 5. Successors in Interest. The provisions of this Contract shall be binding upon and inure to the benefit of the parties and their successors and approved assigns, if any. 6. Early Termination. This Contract may be terminated as follows: a. Mutual Consent. County and Contractor, by mutual written agreement, may terminate this Contract at any time. b. Party Convenience. County or Contractor may terminate this Contract for any reason upon 30 calendar days written notice to the other party. c. For Cause. County may also terminate this Contract effective upon delivery of written notice to the Contractor, or at such later date as may be established by the County, under any of the following conditions: 1) If funding from state or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services as required in this Contract. 2) This Contract may be modified to accommodate the change in available funds. 3) If state laws, regulations or guidelines are modified, changed or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Contract or are no longer eligible for the funding proposed for payments authorized by this Contract. 4) In the event sufficient funds shall not be appropriated for the payment of consideration required to be paid under this Contract, and if County has no funds legally available for consideration from other sources. Page 3 of 25 — Tow Contract [Amy Docnmcros\IMPOUNDSCONTRACi\2oio \ 2010 Tow Col .doc 5) If any license or certificate required by law or regulation to be held by the Contractor to provide the services required by this Contract is for any reason denied, revoked, suspended, not renewed or changed in such a way that the Contractor no longer meets requirements for such license or certificate. d. Contractor Default or Breach. The County, by written notice to the Contractor, may immediately terminate the whole or any part of this Contract under any of the following conditions: 1) If the Contractor fails to provide services called for by this Contract within the time specified or any extension thereof. 2) If the Contractor fails to perform any of the other requirements of this Contract or so fails to pursue the work so as to endanger performance of this Contract accordance with its terms, and after receipt of written notice from the County specifying such failure, the Contractor fails to correct such failure within 10 calendar days or such other period as the County may authorize. 3) Contractor institutes or has instituted against its insolvency, receivership or bankruptcy proceedings, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis. e. County Default or Breach. 1) Contractor may terminate this Contract in the event of a breach of this Contract by the County. Prior to such termination, the Contractor shall give to the County written notice of the breach and intent to terminate. 2) If the County has not entirely cured the breach within 10 calendar days of the date of the notice, then the Contractor may terminate this Contract at any time thereafter by giving notice of termination. 7. Payment on Early Termination. Upon termination pursuant to paragraph 6, payment shall be made as follows: a. If terminated under subparagraphs 6 a. through c. of this Contract, the County shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract b. County shall not, however, pay Contractor for any obligations or liabilities incurred by Contractor after Contractor receives written notice of termination. c. If this Contract is terminated under subparagraph 6 d. of this Contract, County obligations shall be limited to payment for services provided in accordance with this Contract prior to the date of termination, less any damages suffered by the County: 1) with respect to services compensable on an hourly bases, for unpaid invoices, hours worked within any limits set forth in this Contract but not yet billed, authorized expenses incurred and interest according to this Contract and interest within the limits set forth under ORS 293.462, and 2) with respect to deliverable -based Work, the sum designed for completing the deliverable multiplied by the percentage of Work completed and accepted by County, less previous amounts paid and any claim(s) that County has against Contractor. 3) Subject to the limitations under paragraph 8 of this Contract. 8. Remedies. In the event of breach of this Contract the parties shall have the following remedies: a. Termination under subparagraphs 6 a. through c. of this Contract shall be without prejudice to any obligations or liabilities of either party already reasonably incurred prior to such termination. 1) Contractor may not incur obligations or liabilities after Contractor receives written notice of termination. 2) Additionally, neither party shall be liable for any indirect, incidental, consequential or special damages under this Contract or for any damages of any sort arising solely from the termination of this Contract in accordance with its terms. b. If terminated under subparagraph 6 d. of this Contract by the County due to a breach by the Contractor, County may pursue any remedies available at law or in equity. 1) Such remedies may include, but are not limited to, termination of this Contract, return of all or a portion of this Contract amount, payment of interest earned on this Contract amount, and declaration of ineligibility for the receipt of future contract awards. 2) Additionally, County may complete the work either itself, by agreement with another Contractor, or by a combination thereof. If the cost of completing the work exceeds the remaining unpaid balance of the total compensation provided under this Contract, then the Contractor shall pay to the County the amount of the reasonable excess. c. If previous amounts paid to Contractor exceed the amount due to Contractor under this Contract, Contractor shall repay any excess to County upon demand. d. Neither County nor Contractor shall be held responsible for delay or default caused by fire, civil unrest, labor unrest, riot, acts of God, or war where such cause was beyond reasonable control of County or Contractor, respectively. Contractor shall, however, 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. For any delay in performance as a result of the events described in this subparagraph, Contractor shall be entitled to additional reasonable time for performance that shall be set forth in an amendment to this Contract. e. The passage of this Contract expiration date shall not extinguish or prejudice the County's or Contractor's right to Page 4 of 25 — Tow Contract li'\My Docume,, UMPODN'DS\CONTRAC1\2010\2010 Tow Comnan.doc enforce this Contract with respect to any default or defect in performance that has not been cured. f. County's remedies are cumulative to the extent the remedies are not inconsistent, and County may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 9. Contractor's Tender upon Termination. Upon receiving a notice of termination of this Contract, Contractor shall immediately cease all activities under this Contract unless County expressly directs otherwise in such notice of termination. a. Upon termination of this Contract, Contractor shall deliver to County all documents, information, works -in -progress and other property that are or would be deliverables had this Contract been completed. b. Upon County's request, Contractor shall surrender to anyone County designates, all documents, research, objects or other tangible things needed to complete the work. 10. Work Standard. a. Contractor shall be solely responsible for and shall have control over the means, methods, techniques, sequences and procedures of performing the work, subject to the plans and specifications under this Contract and shall be solely responsible for the errors and omissions of its employees, subcontractors and agents. b. For goods and services to be provided under this Contract, Contractor agrees to: 1) perform the work in a manner consistent with and in accordance with the professional standards of the industry and in a timely manner using the schedule, materials, plans and specifications approved by County; 2) comply with all applicable legal requirements; 3) comply with all programs, directives, and instructions of County relating to safety, storage of equipment or materials; 4) take all precautions necessary to protect the safety of all persons at or near County or Contractor's facilities, including employees of Contractor, County and any other contractors or subcontractors and to protect the work and all other property against damage. 11. Drugs and Alcohol. Contractor shall enforce a zero tolerance as to dealing, possession, or use of drugs or alcohol by Contractor or its employees, subcontractors and agents while performing work under this Contract. 12. Insurance. Contractor shall provide insurance in accordance with Exhibit 2 and 2-A attached hereto and incorporated by reference herein. 13. Expense Reimbursement. If the consideration under this Contract provides for the reimbursement of Contractor for expenses, Exhibit 1 shall state that Contractor is or is not entitled to reimbursement for such expenses. a. County shall only reimburse Contractor for expenses reasonably and necessarily incurred in the performance of this Contract. b. Expenses reimbursed shall be at the actual cost incurred; including any taxes paid, and shall not include any mark-up unless the mark-up on expenses is specifically agreed to in this Contract. c. The cost of any subcontracted work performed in this Contract shall not be marked up. d. Contractor shall not bill County for any time expended to complete the documents necessary for reimbursement of expenses or for payment under this Contract. 14. Criminal Background Investigations. Contractor understands that Contractor is subject to periodic criminal background investigations by County and, if such investigations disclose criminal activity not disclosed by Contractor, such non -disclosure shall constitute a material breach of this Contract and County may terminate this Contract effective upon delivery of written notice to the Contractor, or at such later date as may be established by the County. 15. Confidentiality. Contractor shall maintain confidentiality of information obtained pursuant to this Contract as follows: a. Contractor shall not use, release or disclose any information concerning any employee, client, applicant or person doing business with the County for any purpose not directly connected with the administration of County's or the Contractor's responsibilities under this Contract except upon written consent of the County, and if applicable, the employee, client, applicant or person. b. The Contractor shall ensure that its agents, employees, officers and subcontractors with access to County and Contractor records understand and comply with this confidentiality provision. c. Contractor shall treat all information as to personal facts and circumstances obtained on Medicaid eligible individuals as privileged communication, shall hold such information confidential, and shall not disclose such information without the written consent of the individual, his or her attorney, the responsible parent of a minor child, or the child's guardian, except as required by other terms of this Contract. d. Nothing prohibits the disclosure of information in summaries, statistical information, or other form that does not identify particular individuals. Page 5 of 25 — Tow Contract E'.\My Documents \IMPOUNDS\CON1RAC I\2010\2010 Tow Con act doc e. Personally identifiable health information about applicants and Medicaid recipients will be subject to the transaction, security and privacy provisions of the Health Insurance Portability and Accountability Act ("HIPAA"). f. Contractor shall cooperate with County in the adoption of policies and procedures for maintaining the privacy and security of records and for conducting transactions pursuant to HIPAA requirements. g. This Contract may be amended in writing in the future to incorporate additional requirements related to compliance with HIPAA. h. If Contractor receives or transmits protected health information, Contractor shall enter into a Business Associate Agreement with County. 16. Reports. Contractor shall provide County with periodic reports at the frequency and with the information prescribed by County. Further, at anytime, County has the right to demand adequate assurances that the services provided by Contractor shall be in accordance with the Contract. Such assurances provided by Contractor shall be supported by documentation from third parties. 17. Access to Records. Contractor shall maintain fiscal records and all other records pertinent to this Contract. a. All fiscal records shall be maintained pursuant to generally accepted accounting standards, and other records shall be maintained to the extent necessary to clearly reflect actions taken. 1) All records shall be retained and kept accessible for at least three years following the final payment made under this Contract or all pending matters are closed, which ever is later. 2) If an audit, litigation or other action involving this Contract is started before the end of the three year period, the records shall be retained until all issues arising out of the action are resolved or until the end of the three year period, whichever is later. b. County and its authorized representatives shall have the right to direct access to all of Contractor's books, documents, papers and records related to this Contract for the purpose of conducting audits and examinations and making copies, excerpts and transcripts. 1) These records also include licensed software and any records in electronic form, including but not limited to computer hard drives, tape backups and other such storage devices. County shall reimburse Contractor for Contractor's cost of preparing copies. 2) At Contractor's expense, the County, the Secretary of State's Office of the State of Oregon, the Federal Government, and their duly authorized representatives, shall have license to enter upon Contractor's premises to access and inspect the books, documents, papers, computer software, electronic files and any other records of the Contractor which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts, copies and transcriptions. 3) If Contractor's dwelling is Contractor's place of business, Contractor may, at Contractor's expense, make the above records available at a location acceptable to the County. 18. Ownership of Work. All work of Contractor that results from this Contract (the "Work Product") is the exclusive property of County. a. County and Contractor intend that such Work Product be deemed "work made for hire" of which County shall be deemed author. b. If, for any reason, the Work Product is not deemed "work made for hire," Contractor hereby irrevocably assigns to County all of its right, titla, and interest in and to any and all of the Work Product, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. c. Contractor shall execute such further documents and instruments as County may reasonably request in order to fully vest such rights in County. d. Contractor forever waives any and all rights relating to Work Product, including without limitation, any and all rights arising under 17 USC § 106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications. e. County shall have no rights in any pre-existing work product of Contractor provided to County by Contractor in the performance of this Contract except to copy, use and re -use any such work product for County use only. f. If this Contract is terminated prior to completion, and the County is not in default, County, in addition to any other rights provided by this Contract, may require the Contractor to transfer and deliver all partially completed work products, reports or documentation that the Contractor has specifically developed or specifically acquired for the performance of this Contract. g. In the event that Work Product is deemed Contractor Intellectual Property, Contractor hereby grants to Agency an irrevocable, non-exclusive, perpetual, royalty -free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the Contractor Intellectual Property, and to authorize others to do the same on County's behalf. h. In the event that Work Product is Third Party Intellectual Property, Contractor shall secure on the County's behalf in the name of the County, an irrevocable, non-exclusive, perpetual, royalty -free license to use, reproduce, prepare Page 6 of 25 — Tow Contract E.AMy DocumcnlsvIMPOUNDSVCONTRACTA2010A2010 Im Convect doc derivative works based upon, distribute copies of, perform and display the Third Party Intellectual Property, and to authorize others to do the same on County's behalf. 19. County Code Provision. Except as otherwise specifically provided, the provisions of Deschutes County Code, Section 2.37.150 are incorporated herein by reference. Such code section may be found at the following URL address: http://www.co.deschutes.or.us/dccode/Title2/html/Chapter2.37.hmt. 20. Partnership. County is not, by virtue of this Contract, a partner or joint venturer with Contractor in connection with activities carried out under this Contract, and shall have no obligation with respect to Contractor's debts or any other liabilities of each and every nature. 21. Indemnity and Hold Harmless. a. To the fullest extent authorized by law Contractor shall defend, save, hold harmless and indemnify the County and its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to the activities of Contractor or its officers, employees, contractors, or agents under this Contract, including without limitation any claims that the work, the work product or any other tangible or intangible items delivered to County by Contractor that may be the subject of protection under any state or federal intellectual property law or doctrine, or the County's use thereof, infringes any patent, copyright, trade secret, trademark, trade dress, mask work utility design or other proprietary right of any third party. b. Contractor shall have control of the defense and settlement of any claim that is subject to subparagraph a of this paragraph; however neither contractor nor any attorney engaged by Contractor shall defend the claim in the name of Deschutes County or any department or agency thereof, nor purport to act as legal representative of the County or any of its departments or agencies without first receiving from the County's legal counsel, in a form and manner determined appropriate by the County's legal counsel, authority to act as legal counsel for the County, nor shall Contractor settle any claim on behalf of the County without the approval of the County's legal counsel. c. To the extent permitted by Article XI, Section 10, of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, County shall defend, save, hold harmless and indemnify Contractor and its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from and arising out of, or relating to the activities of County or its officers, employees, contractors, or agents under this Contract. 22. Waiver. a. County's delay in exercising, or failure to exercise any right, power, or privilege under this Contract shall not operate as a waiver thereof, nor shall any single or partial exercise or any right, power, or privilege under this Contract preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. b. The remedies provided herein are cumulative and not exclusive of any remedies provided by law. 23. Governing Law. 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. a. 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 Deschutes County for the State of Oregon; provided, however, if a Claim shall be brought in federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. b. CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS. The parties agree that the UN Convention on International Sales of Goods shall not apply. 24. Severability. If any term 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 this Contract did not contain the particular term or provision held invalid. 25. Counterparts. This Contract may be executed in several counterparts, all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of this Contract so executed shall constitute on original. 26. Notice. Expect as otherwise expressly provided in this Contract, any communications between the parties hereto or notices to be given hereunder shall be given in writing, to Contractor or County at the address or number set forth Page 7 of 25 — Tow Contract E \My DocumcntAIMPOUNDS\CONTRACI \2010\2010 Tow Contract.doc below or to such other addresses or numbers as either party may hereafter indicate in writing. Delivery may be by personal delivery, facsimile, or mailing the same, postage prepaid. a. Any communication or notice by personal delivery shall be deemed delivered when actually given to the designated person or representative. b. Any communication or notice sent by facsimile shall be deemed delivered when the transmitting machine generates receipt of the transmission. To be effective against County, such facsimile transmission shall be confirmed by telephone notice to County Administrator. c. Any communication or notice mailed shall be deemed delivered five (5) days after mailing. Any notice under this Contract shall be mailed by first class postage or delivered as follows: To Contractor: Marlen Marriott Owner High Lakes Towing & Recovery 15770 Burgess Rd La Pine, OR 97739 (541) 593-1579 FAX (541) 536-9191 To County: Rebecca Brown Tow Coordinator Deschutes County Sheriffs Office 63333 West Highway 20 Bend, Oregon 97701 Phone No. (541) 388-6640 FAX 389-1928 27. Merger Clause. This Contract and the attached exhibits constitute the entire agreement between the parties. a. All understandings and agreements between the parties and representations by either party concerning this Contract are contained in this Contract. b. No waiver, consent, modification or change in the terms of this Contract shall bind either party unless in writing signed by both parties. c. Any written waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. 28. Identity Theft Protection. Contractor and subcontractors shall comply with the Oregon Consumer Identity Theft Protection Act (ORS 646A.600 et seq.) 29. Survival. All rights and obligations shall cease upon termination or expiration of this Contract, except for the rights and obligations set forth in Sections 4, 5, 8, 9, 15, 17, 18, 20-27 and 30-31. 30. Representations and Warranties. a. Contractor's Representations and Warranties. Contractor represents and warrants to County that: 1) Contractor has the power and authority to enter into and perform this Contract, 2) this Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, 3) Contractor has the skill and knowledge possessed by well-informed members of its industry, trade or profession and Contractor will apply that skill and knowledge with care and diligence to perform the Work in a professional manner and in accordance with standards prevalent in Contractor's industry, trade or profession. 4) Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the Work, and 5) Contractor prepared its proposal related to this Contract, if any, independently from all other proposers, and without collusion, fraud, or other dishonesty. 6) Contractor's making and performance of this Contract do not and will not violate any provision of any applicable law, rule or regulation or order of any court, regulatory commission, board or other administrative agency. b. Warranties Cumulative. The warranties set forth in this section are in addition to, and not in lieu of, any other warranties provided. 31. 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. Page 8 of 25 - Tow Contract E RMv Documents\IMPOUNDS \CONTRACT \2010\20 I 0 Tow Convaci doc EXHIBIT 1 DESCHUTES COUNTY SERVICES CONTRACT STATEMENT OF WORK, COMPENSATION and PAYMENT TERMS Contractor shall provide services pursuant to the following: I. GENERAL A. Provide towing and storage in accordance with this Contract. B. Tow all vehicles as defined in Section II — Definitions or at the request of the Sheriffs Office. C. Comply with all laws of the Federal Government, the State of Oregon, all applicable rules of the Department of Transportation, the Driver and Motor Vehicle Branch of the Oregon Department of Transportation (DMV), and all local laws, codes, regulations and ordinances. D. Contractor must have obtained a Letter of Appointment issued by the Oregon State Police (OSP) for placement on their Non -Preference Towing list. If at any time the Letter of Appointment issued by the OSP expires, is suspended, revoked, or made invalid for any other reason, the Contractor shall immediately notify the Sheriffs Office. If the reason(s) for the OSP suspension, revocation or invalidation violate the terms of this Contract, it may result in Contract termination. E. Applications for being placed on a rotational tow list will normally be accepted between September 1, 2009 and November 1, 2009. Contractors approved for one or more rotational tow lists will be added to the appropriate tow list during the first day of January 2010. In the normal course of business, applications will be processed and approved to start towing at 0001 on January 15t. At any time during this contract, if a district is without a Contractor, the Application Process will be opened and applications will be accepted as needed until the open district is filled. F. At the Sheriff's Office discretion, any grounds for termination of this Contract may instead become grounds for suspension for a period to be decided solely by the Sheriff's Office. G. If Contractor has been suspended or terminated from rotational towing for a specified period of time, the Contractor may apply during the September to November application period for the next contract period. The application will be held until the expiration of the suspension or termination. After processing the application, if the Contractor meets all requirements, they may enter a contract to provide tow services, and be added to applicable rotational towing lists outside of the normal time frame as directed by the Sheriffs Office. H. At the time the Contract is entered into, the Contractor shall submit to the Sheriff's Office a completed Application for Towing which contains the following information: 1. The name, address and telephone number of the Contractor, including any and all dispatching locations, business offices and storage facilities. 2. Proof of insurance as required in Exhibit 2 and 2-A. 3. A certificate of insurance for workers' compensation as required in Exhibit 4. 4. A copy of Contractor's OSP current year Letter of Appointment. 5. A copy of Contractor's proof of compliance with applicable zoning regulations. 6. Confidentiality agreements, Form A, signed by all employees involved in the execution of this Contract and individuals financially responsible for a Contractor before commencing any work under this Contract or as defined in the Section V, Personnel. 7. Completed signed Form B including, necessary personal information on all employees and all owners in order to conduct criminal records checks; and, Page 9 of 25— Exhibit 1 E:\My Documents \ IMPOUNDS \CONTRACT\2010\2010 Tow Contract.doc 8. Any other information as the Sheriffs Office may require. I. Changes in the above information must be filed with the Sheriffs Office prior to implementation of such changes, excluding those changes that are to be reported as stated in Section V, B 1 and D, Personnel. J. Tow equipment may be inspected by the Sheriffs Office to determine compliance or non-compliance with these rules and regulations at any time. Additionally, the Sheriff's Office will inspect Contractor's business offt_e, storage facility and all tow equipment prior to initial placement on the towing roster. Inspections will be conducted during normal business hours. K. Written waivers for specific issues may be granted on a conditional basis if it is determined that the Contractor meets the intent of this Contract. No verbal waiver of any requirement will be given or recognized by the Sheriff's Office. L. A registration issued or renewed pursuant to the provisions of this Contract shall not be assignable. M. For each tow district the Contractor, the Contractor will have separately for each district: 1. All the necessary current information on file with the Sheriffs Office, 2. Passed the most recent inspections, 3. Two approved tow trucks. The driver of these tow trucks must have an operator's license with the proper class or type for vehicle combinations, 4. Sufficient number of approved staff (drivers and office personnel) to work in designated tow district, and 5. An approved storage lot with an approved customer waiting area. N. At the Sheriff's Office's discretion, a Contractor may be refused appointment to the rotational tow list based upon documented complaints. 11. TYPES OF TOWS A. Contractor shall tow vehicles within the assigned tow zones set by the Sheriff's Office (see Exhibit 1-C) for the following types of tows: 1. "Abandoned vehicle" — Any vehicle that has been parked or left standing upon any public way for a period in excess of 24 hours without authorization. Contractor must tow vehicle within 24 hours. Contractor cannot pass on this type of tow. The Sheriffs Office can elevate an abandoned vehicle tow to a Hazard tow if circumstances warrant. A "Disposition Sheet for 24-hour Abandoned Tow" (Exhibit 1-F) will be completed by the Contractor and faxed to the Sheriffs Office once the vehicle is in the Contractor's possession, the Sheriffs Office will complete their portion of the "Disposition Sheet for 24-hour Abandoned Tow and fax it back to the Contractor. Contractor will complete and fax the "Disposition Sheet for 24-hour Abandoned Tow" within the same 24-hour tow period. These tows do not require a Sheriffs Office release. a. For abandoned vehicle tows that are appraised at less than $500, Contractor is required to send notification to the registered owner as set forth in ORS 819.215(3) within 48 hours of the vehicle tow, not including Saturdays, Sundays or holidays. b. Contractor is required to foreclosures liens for abandoned or hazard vehicle in accordance with ORS 87.152, 819.160 and 819.215. 2. "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. If the owner prefers and it is not a hazard, the owner may call the Contractor directly and make arrangements including charges or they can request the Sheriff's Office to request the tow on their behalf. The Contractor will respond to the tow within one (1) hour. The Sheriffs Office will not wait for the Contractor to arrive. Page 10 of 25— Exhibit 1 E:\My Documents \ IMPOUNDS \CONTRACT\2010\2010 Tow Contract doc 3 "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. If the owner is present, they may request a preferred tower or the Sheriffs Office will request a Hazard Vehicle Tow. Response time is 30 minutes. These tows do not require a Sheriffs Office release. 4. "Impounded vehicle" — A vehicle that is towed pursuant to ORS 809.720. Response time is 30 minutes. These tows require a Sheriffs Office release for the vehicle. 5. "MVA" — A vehicle that is involved in a Motor Vehicle Accident and the Sheriffs Office is making the request for the tow. Response time is 30 minutes. These tows do not require a Sheriff's Office release. 6. "Recovered stolen vehicle" — A vehicle recovered by the Sheriffs Office, reported as stolen by the person(s) entitled to possession. Response time is 30 minutes. These tows require a Sheriffs Office release. 7. "Safekeeping" — Any vehicle towed at the request of the Sheriff's Office where person(s) entitled to possession is either not present or incapacitated and unable to make arrangements for its security. Vehicles towed for "safekeeping" will be stored to prevent loss of property and in some cases inaccessible unless authorized by the Sheriffs Office. Response time is 30 minutes. These tows require a Sheriffs Office release for the vehicle. III. EQUIPMENT REQUIREMENTS A. All tow equipment must comply with the Oregon State Police (OSP) mandatory equipment standards for non - preference towing. A copy of the OSP requirements is attached as Exhibit 1-B. The OSP mandatory equipment standards are subject to change. Upon adoption by OSP, the mandatory equipment standards shall be incorporated and adopted under this Contract and supersede the prior requirements listed in Exhibit 1-B. B. Contractor shall allow inspection by the Sheriffs Office at any time, If it is determined that any equipment is deemed out of compliance at any time, the Sheriffs Office will place equipment out of service until equipment has been repaired and reinstated by the Sheriffs Office. C. Equipment that has been inspected by the Sheriffs Office will receive an inspection sticker that will be placed by the Sheriff's Office on the windshield. The Contractor shall not remove this sticker. If the sticker becomes damaged, Contractor will notify the Sheriffs Office for a replacement. Stickers will have the following information: 1. Current contract year(s), 2. Tow truck/Equipment number assigned by Sheriff's Office, 3. License number of tow truck or equipment, 4. Name of Sheriffs Office personnel that inspected tow truck or equipment, and 5. Date of inspection. D. Maintain a minimum of two (2) operable tow trucks in assigned tow zone. Contractor shall not share tow trucks with another towing company. E. Prior to the use of any new equipment. Contractor will provide the Sheriff's Office tow coordinator with the license number, vehicle identification number (VIN), vehicle make and year, equipment identification, and equipment type. F. Paint or permanently display the business name, city, and telephone number on both sides of their vehicles. G. Contractor will retain all equipment, maintenance and inspection records for three (3) years. IV. FACILITIES A. Provide the Sheriffs Office with proof from the applicable city or county complied with all applicable zoning regulations. B. The storage facility must comply with all applicable City and/or County land use requirements. Page 11 of 25— Exhibit 1 E.\My Documents \ IMPOUNDS \ CONTRACT 2010@010 Tow Contract doe Planning Department zoning requirements, that Contractor has building codes and C. Provide secure storage of all vehicles. Secured storage is defined as follows: 1. A structure or enclosure designed, constructed, furnished and maintained 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 Contractor'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. Fencing around the storage area at least six (6) feet high. The fencing must comply with all local zoning rules and regulations. Fencing shall be either made of a woven wire composition referred to as "cyclone fencing or chain link fencing", or made of a solid material, such as wood or concrete block, inclusive of a permanent natural barrier which would prevent access and unauthorized entry to the storage area. Fencing shall be topped by a minimum of three (3) strands of barbed wire. If Contractor is unable to comply with the fencing requirements due to local zoning requirements, Contractor shall notify the Sheriffs Office of acceptable fencing as required by the local zoning laws. The Sheriff's Office will determine what type of allowable fencing will be required. Fencing will be free of holes or weak spots. a. Gates and entryways constructed of a solid frame and the same height as the fence. All gates and entryways shall be designed to afford locking the gate or entryway securely to prevent unauthorized entry. D. The storage facility must have a sign, posted in a location clearly visible to the public providing the following information: 1. Tow business name 2. 24-hour telephone number 3. Regular business hours E. Maintain storage lots and buildings so they are free of debris, refuse, animal waste, standing water and oil at all times. 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. F. Maintain a clean customer reception area, free of debris, easily accessible with well -lit counter space. This reception area will comply with any applicable state, county or city laws regarding public business areas. G. Maintain the business office and storage facility in the assigned tow zone. Contractor must provide the Sheriffs Office's the addresses, including mailing address, of the business office and storage facility. If Contractor moves their business office or storage facility, Contractor must immediately notify the Sheriff's Office of the change of address. H. Maintain an office to conduct business, maintain records, and serve the public. If the office facility is located at a separate address, the office facility must provide the following: 1. A sign in plain view, easily readable, listing the following information: a. Tow business name b. 24-hour telephone number c. Regular business hours 2. An employee accessible by telephone 24 hours per day, seven days a week. Contractor must provide this telephone number to the Sheriff's Office. If this telephone number changes or is temporarily out of service, Contractor must immediately notify the Sheriff's Office and dispatch service of the new telephone number or temporary number. 3. Maintain a working facsimile machine in good condition, which is fully supplied and ready to receive and transmit. Lack of ability to receive facsimiles does not excuse the Contractor from completing an abandoned vehicle tow order on a timely basis. Contractor must provide this facsimile number to the Sheriffs Office. If this facsimile number changes or is temporarily out of service, Contractor must immediately notify the Sheriff's Office of the new number or temporary number. I. Contractor will retain facilities inspection records for three (3) years. Page 12 of 25— Exhibit 1 E'.\My Documents \ IMPOUNDS \CONTRACT\2010@010 Tow Contract.doc V. PERSONNEL A. Contractor shall keep current annual drug -screening test for each employee performing towing services under this Contract. Contractor shall have these records available for inspection by the Sheriff at any time during normal business hours. B. The Sheriffs Office will conduct a criminal records check on any owner, part-owner, partner, principal party, officer, agent, employee or any other person, including but not limited to office personnel, yard attendants and dispatchers, involved in the execution of this Contract. The criminal records check will be conducted based upon the current Sheriffs Office policy for records checks and Schedule A. 1. The Contractor will submit the original completed Form B to the Tow Coordinator for each new employee within 72 hours of employment, not including Saturdays, Sundays and holidays. A Contractor may also submit Form B prior to employment in an effort to address issues prior to hiring. Any owner, part-owner, partner, principal party, officer, agent, employee or any other person will be considered having passed the criminal records check unless the Sheriffs Office otherwise notifies the Contractor. In cases where an employee does not pass the criminal records check, the Contractor 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 Sheriffs Office or any contract law enforcement agency adopting this Contract. Consequently, if the Sheriff's Office does not have, on file, a signed Form B within 72 hours of an employee's hire date, not including Saturdays, Sundays and holidays, the employee will not be allowed to perform any work related to this contract. 2. An original Form A, the confidentiality agreement must be submitted to the Tow Coordinator within 72 hours of employees hire date, not including Saturdays, Sundays or holidays, in order to be allowed to perform any work related to this contract. C. Tow companies may not share personnel used in the performance of this contract without the written approval of the Sheriff's Office. D. The arrest, charge, conviction or sentencing of any owner, part-owner, partner, principal party, officer, agent, employee or any other person associated with the Contractor's performance of this Contract must be submitted to the Tow Coordinator within 72 hours, not including Saturdays, Sundays or holidays. Offenses that need to be reported are listed in Schedule A. E. Additionally driver's DMV records for the three-year period before the date of their application will show not more than: 1. Three (3) of any combination of infractions, serious traffic violations or motor vehicle accidents, as defined in Oregon State law. F. Contractor shall notify in writing to the Sheriff's Office Tow Coordinator within 72 hours, not including Saturday, Sunday or holidays, of any vehicle accident during the performance of this contract, which is required by Oregon State law to be reported. The Sheriffs Office may consider the accident and any surrounding circumstances, in reviewing future applications for towing, or in determining appropriate sanctions or remedies under this Contract, and may deny future applications based on a Contractor's accident history. G. For tow truck drivers, the Sheriff's Office will be issuing 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 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 an identification card within 30 days of their hire date with a Contractor. Until the identification is obtained, law enforcement personnel may request on scene to see a driver's license issued by the DMV 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. 1. If the driver or the Contractor terminates employment, it will be the Contractor's responsibility to retain the identification that was issued and return it to the Sheriff's Office within two (2) business days. Failure to return the identification within two (2) business days may constitute a contract violation and the Sheriff's Office will institute disciplinary action. Page 13 of 25— Exhibit 1 E \My DocumentsiMPOUNDSICONTRACT1201012010 Tow Contract doe 2. The Sheriffs Office reserves the right to charge a nominal fee for replacement cards. 3. If a driver uses another's Sheriffs Office identification or Sheriffs Office 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 Sheriff's Office will investigate identity theft in accordance with Oregon State and local laws. H. All other employees for Contract who will be performing services under this contract will be issued unique identification numbers to be used while performing work related to this Contract. The Sheriffs Office Tow Coordinator will provide these numbers to a Contractor representative upon notification of employment. I. Contractor shall notify, in writing to the Sheriff Office tow coordinator, within 72 hours, not including Saturdays, Sundays or holidays, any changes in owners, employees, or any others who may affect performance of duties related to this Contract. All information required in the initial application shall be provided for any new person(s). 1. The Sheriff's Office may consider the arrest, charge, conviction or sentencing of any owners in determining appropriate sanctions or remedies under this Contract, and may reject future applications for towing based upon criminal history. VI. OPERATIONS A. The Sheriffs Office will establish regular rotations, disabled motorist rotations and abandoned vehicle rotations for each district. Special rotations will be created for dispatches requiring Class B tow trucks, Class C tow trucks and four-wheel drive tow trucks. 1. Regular rotation — Evenly dispatching Class A tow requests within each district. 2. Abandoned vehicle rotation — Evenly dispatching abandoned vehicle tow requests within each tow district. Contractor is not allowed to pass on this tow request. 3. Special rotation — Evenly dispatching tow requests for specialized equipment including Class B tow trucks, Class C tow trucks and four-wheel drive vehicles. 4. Disabled motorist rotation — Evenly dispatching requests for non -preference tows dispatched at the request of a citizen. B. Contractor 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 a Gross Vehicle Weight (GVW) of 9,999, unloaded. Dispatched from the Class A rotation. a. Oversized vehicles — Vehicles with a GVW of 10,000 to 14,999 will be dispatched from the Class A rotation. For example a 1 -ton pick-up with a cab -over camper. Any vehicle equipped with airbrakes will be dispatched from the Class B rotation. 2. Abandoned vehicle: Towing or service request for abandoned vehicles. Dispatched from the Class A rotation unless otherwise specified. C. If Contractor chooses to maintain and store the necessary equipment, Contractor shall respond to the following types of tow requests: 1. Class B: Towing or service requests of vehicles exceeding 15,000 GVW. Dispatched from the Class B rotation. 2. Class C: Towing or service requests of vehicles exceeding 20,000 GVW. Dispatched from the Class C rotation. 3. Four-wheel drive: Towing or service requests of vehicles in areas needing four-wheel drive capability, not accessible by Class A, B or C. Dispatched from four-wheel drive vehicle rotation. Page 14 of 25— Exhibit 1 E:\My Documents \ IMPOUNDS \CONTRACT\2010\2010 Tow Contract tloc a. Roadways requiring four-wheel drive are described as follows: Any roadway that is not maintained or graveled with minimum clearances of: (1) Height -14' (2) Width — 10' (3) Ground Clearance — 1' D. Tow trucks are not authorized as emergency vehicles. As such, unless specifically directed by an authorized Sheriffs Office or other Law Enforcement personnel, 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. E. Contractor will be responsible for safely securing vehicles or loads if in danger of falling, spilling, tipping or otherwise upsetting. Contractor will also clean up the scene in accordance with ORS 822.225. This includes removal of all broken glass or other injurious substances, dropped upon the highway from a wrecked or damaged vehicle. F. Store towed vehicles in the same tow zone from which they were towed G. Immediately release vehicles to appropriate party upon authorization of the Sheriff's Office and after receipt of towing and storage fees. H. Impounded vehicles, safekeeping vehicles and recovered stolen vehicles require a release from the Sheriffs Office. See Exhibit 1-D - Sheriff's Office Vehicle Release Requirements. I. Exercise reasonable care to protect stored vehicle and the personal effects from vandalism, theft or burglary. Contractor 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 under tow. This does not include items removed from the vehicle and taken into custody by law enforcement personnel. J. Contractor will not operate any vehicle towed under this contract, except for the purpose of repositioning the vehicle for towing or while in storage. K. Contractor may remove personal effects from a vehicle and place them into a secured storage to protect them from theft or loss. Any personal effects removed will be inventoried. All personal effects removed will be returned to the person entitled to possession at the time of release of the vehicle. L. Mechanical parts, such as a battery or distributor rotor, may be removed from the vehicle by the Contractor to prevent unauthorized removal from the vehicle. The Contractor will document the removal on the tow invoice inventory list. Any parts removed will be returned and reinstalled at the Contractor's expense at the time of the release of the vehicle. M. Contractor will not make repairs or alterations to a vehicle without first being authorized by the person entitled to possession, an authorized insurance firm or other authorized agent of the vehicle. Contractor may make emergency alterations when necessary to permit the safe towing of a vehicle. N. Contractor shall adhere strictly to the statutory requirements set forth in the ORS and Oregon Administrative Rules (OAR) for lien foreclosure, disposition of vehicle contents and collections. Pursuant to ORS 87.186, the sale of any liened vehicle shall occur in the county in which the lien claimant obtained possession of the chattel. O. Contractor does not need to obtain a Sheriffs Office release when placing a lien on a vehicle that has not been retrieved. P. Unless a vehicle is subject to a Sheriffs Office hold: 1. Contractor 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. Page 15 of 25— Exhibit 1 E'.\My Documents\IMPOUNDS \CONTRACT\2010\2010 Tow Contract doc 2. Contractor 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 pursuant to ORS 819.160. 3. Contractor 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 Contractor forecloses a possessory lien under the rules of ORS Chapter 87. Q. 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 person entitled to possession, any personal property or the contents of any towed vehicle for the first 15 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. R. Unless a vehicle is subject to a Sheriffs Office hold, Contractor will release to the person entitled to possession the following personal property: 1. Those items pertaining to health, welfare and tools of the trade. These items include but not limited to baby formula, baby bottles, diapers, birth certificates, car seats, medications, prescription eyeglasses and prescription sunglasses, Social Security Cards, parking placards, wallets, identification, bank cards, credit cards, mail, school books and medical cards. a. Contractor will release tools of the trade after receiving a letter from employer or upon receiving a copy of a current business license or current registration with the Oregon Secretary of State. S. Contractor should immediately provide a person(s) entitled to possession information regarding the release of a vehicle, including towing and storage charges, during regular business hours. If the information if not immediately available, Contractor may call back the person(s) entitled to possession with the information in no more than 30 minutes. T. During regular business hours, Contractor must respond to unmanned lots within 30 minutes for the release of a vehicle, vehicle property or to allow access to the vehicle by the Sheriffs Office. 1. The person(s) entitled to possession of a vehicle is at the storage facility and has requested release of the vehicle; or, 2. If Contractor agrees to meet the person(s) entitled to possession of a vehicle at the storage facility to redeem the vehicle, Contract shall uphold the agreed upon meeting time. a. A telephone request by a person(s) entitled to possession of a vehicle will constitute notice of a release request. U. If Contractor 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 Contractor will forfeit any gate fee and additional storage charges against the vehicle for that day. V. When releasing a vehicle outside of regular business hours, Contractor will wait at the storage facility for a person(s) entitled to possession of the vehicle for 30 minutes after the appointed time for the release. Contractor 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, Contractor may add the gate fee to the bill. If the citizen continues to miss appointment times and Contractor has added tow gate fees, Contractor may refuse any more appointments outside of normal business hours. W. W ith the exception of those vehicles needing a Sheriff's Office's release, upon payment in full of all charges or other arrangements satisfactory to the Contractor, Contractor shall: 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 Contractor'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, Contractor shall notify the person(s) that the vehicle shall be removed within 24 hours. Page 16 of 25— Exhibit 1 E:\My Documents\IMPOUNDS\CONTRACT 2010\2010 Tow Contract.tloc X. Contractor shall 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. Y. Contractor shall issue a written receipt (tow invoice) to the person(s) entitled to possession and retain a copy for all payments for towing and storage, gate fees, road service or releases at scene. Z. Contractor will maintain the following for a minimum of three (3) years for each towed vehicle: 1. Description of the vehicle, 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 vehicle was towed. 5. Reason for vehicle tow. 6. A copy of the vehicle release form. 7. Legible copy of the tow invoice. 8. Inventory and vehicle condition reports. 9. If a towed vehicle is not released and Contractor forecloses on its lien or accepts a title in lieu of foreclosing on the lien, all records relating to the transfer, including all lien records and records relating to any foreclosure (lien letter and proof of certified or registered mail as required by Oregon State and local laws) must be maintained. 10. Any other records relating to towing and storage. AA. Contractor shall notify the Sheriff's Office monthly of all vehicle released and the method of release by using a form approved by the Sheriff's Office (See Exhibit 1-E). This includes notification when foreclosing a possessory lien, accepting a vehicle title in lieu of fees or obtaining a dismantling certificate. Vehicles must be appraised by a person holding a certificate issued under ORS 819.230. BB. Provide a dispatch service 24 hours a day, 365 days a year. CC. Response time for tows is 30 minutes unless otherwise specified in this contract. DD. Contractor will not pass on abandoned vehicle tows. Contractor may have up to 24 hours from the time of the tow request to complete an abandoned vehicle tow. Passing on an abandoned vehicle request, unless Contractor is unavailable under Section VI, FF, Operations, may result in immediate termination of this contract. EE. Contractor may pass on a tow request due to not being able to respond within 30 minutes. If the Contractor is not able to respond in a timely manner, they will inform the contracted dispatcher as to the reason immediately upon being contacted by the dispatch service. Contractor will call non -emergency dispatch (911) at (541) 693-6911, if, after accepting a call, they cannot arrive within 30 minutes. Failure to call non -emergency dispatch (911) or be at the service location within 30 minutes will mean that the Contractor is passed over when it is their next rotation time. Passes on tow requests will be recorded by the dispatch service. If the number of passes is excessive, based on the circumstances for passing. Contractor may be removed from the tow list and Contract may be terminated. Excessive passes is defined as any amount exceeding 15 percent of overall tows for a calendar month. FF. If the Contractor is expecting to be out of service for more than a day, Contractor must notify dispatch service and the Sheriff's Office. Out of service is defined, but not limited to, a disabled tow truck and/or a tow truck under repair, or unforeseen driver shortage due to illness or vacation. Contractor shall advise the dispatch service and the Sheriffs Office when they are able to resume normal business operations. If, at the Sheriff's Office discretion, these incidents become excessive, the Sheriff's Office may remove Contractor from the roster until a date that the Contractor is able to perform on a routine basis again. Contractor must provide proof that they are able to resume normal business operations. GG.Contractor will inform dispatch immediately whether an appropriate vehicle is available when Contractor or Contractor's answering service receives a call for service under this contract from dispatch. If Contractor does not Page 17 of 25— Exhibit 1 E \My Documents \ IMPOUNDS \CONTRACT\2010\2010 Tow Con«acldoc have an appropriate vehicle immediately available, or does not know if one is available, dispatcher shall call the next tower on the list. VII. FEES A. The standard rate will be effective for each contract term and will be based on the following: 1. The rates will be established by the Sheriff's Office. a. During the 12th month of the Contract, the Sheriffs Office shall adjust Exhibit 1-A, Rate Schedule, to reflect any increase in excess of 3% in the Consumer Price Index (CPI -U), rounded to the nearest dollar amount. The parties agree that the Adjusted Rate Schedule, if any, shall be labeled Exhibit 1-A (2), Adjusted Rate Schedule and replace Exhibit 1-A that was initially part of the contract. Exhibit 1-A (2), Adjusted Rate Schedule shall become effective on the 1st day of the 13th month of the contract. The Sheriffs Office will distribute Exhibit 1-A (2), Adjusted Rate Schedule, if any, prior to the 1st day of the 13th month of the Contract. 2. All mileage charges will be calculated by towed mile. 3. All roll -bed tow trucks will be assessed at Class A rates. Roll -beds are to be charged at Class A rates; regardless of GVW unless the tow is dispatched as a Class B tow and the tow truck is inspected and approved as a Class B truck. 4. Class A standby and recovery time at a tow scene will be charged in 15 -minute increments. 5. Class A standby time begins when the tow truck arrives at the tow scene and ends when the Sheriffs Office or other law enforcement officials release the vehicle for tow. Recovery time begins when the tow truck arrives at the tow scene and ends when the tow is fully hooked up. Beginning and ending times will be written on the receipt. 6. For Class B and C tow trucks, billable time begins when the tow truck departs from the Contractor'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. 7. Clean-up time will be charged in 15 -minute increments after the first 15 minutes at the scene. Clean-up includes removal of all broken glass, or other injurious substances or fluids, dropped upon the highway from a wrecked or damaged vehicle. See VI Operations "D". 8. The dispatch fee will be listed and identified separately on the invoice 9. Time and date of any after-hours access will be noted on the invoice to verify assessment of gate fees. Gate fees will be limited to after 5:00 p.m. but before 8:00 a.m. Monday through Friday, all hours on weekends and holidays recognized by the State of Oregon. 10. Contractor may recoup lien -filing expenses actually incurred pursuant to the Possessory Chattel Lien laws under ORS 87.152 — 87.214. 11. Contractor will provide documentation of the lien process and any lien -filing expenses upon request to the person(s) entitled to possession of a vehicle or the Sheriff's Office. 12. In any case, no more storage will be charged than what is allowed under ORS 87.152 and 819.160. 13. For the purpose of determining the cost of storage, a calendar day basis will be used, beginning on the date when the vehicle is dropped at the storage facility. 14. Inside storage MUST be requested by the Sheriff's Office or in writing by the vehicle owner BEFORE the inside storage rate may be charged. 15. The date of release will be recorded on the tow invoices of all vehicles released. Page 18 of 25— Exhibit 1 E:\My Documenls\lMPOUNDS\CONTRACT\2010\2010 Tow Contracl.0oc 16. When Contractor 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. If the vehicles to be towed are attached but are larger vehicles (for example, a car pulling a large trailer) then the Contractor will decide how to safely tow and store the vehicles. In these cases separate tows may be billed. The invoices will indicate the reason for separation of the vehicles. 17. In the event that circumstances require Contractor to use specialized equipment not addressed by this Contract in the performance of a tow or recovery, the Contractor may charge a reasonable additional amount, consistent with industry rates and standards for the equipment. The Sheriffs Office may require documentation of the necessity for the equipment and rate verification. 18. Nothing contained in this Contract will be construed as requiring the Contractor to charge any rate in violation of Oregon State or Federal law regulating the transportation of vehicles. On all tows Contractor will charge at a rate not to exceed the rates established by the Sheriff Office. 19. If person entitled to possession returns to take a vehicle after the Contractor arrives on scene to remove the vehicle, Contractor may assess the applicable tow fee before releasing the vehicle. This does not include vehicles that require a Sheriffs Office release. Contractor is required to notify non -emergency dispatch (911) at (541) 693-6911 regarding the release of the vehicle. 20. Contractor will release a vehicle without payment of the tow charges if Contractor is specifically directed to do so by the Sheriffs Office. When Contractor is directed by the Sheriff's Office to release a vehicle without payment of the tow charges, the Sheriff's Office will pay the charges to which the Contractor is entitled. Page 19 of 25— Exhibit 1 ESMy Documents\IMPOUNOS\CONTRACT2010\2010 Tow Contract.doc Hazmat (fluid spill or leaking fluids: oil, antifreeze, etc.) Storage (inside) at officer or registered owner request per calendar day Storage (outside) per calendar day Traffic Control/Labor (only at request of Sheriff's Office or ODOT, billed at 15 -minute increments) After hours gate fee Clean-up per hour, billed at 15 -minute increments (after initial 15 minutes at scene) Stand-by time per hour, billed at 15 -minute increments RecoverylWinching per hour, billed at 15 - minute increments IDrive-line re -install Motorcycle hook-up (greater than 48" wheel base) Drive -line removal LFlatbed requested by officer or registered owner or required to get drive wheels off the L is lowered, has no wheels, etc 0 0 Oversized Vehice Fee (GWVR of 10,000 to 14,999 lbs.) Additional Truck or Operator Required (1 hr minimum, billed at 15 -minute increments thereafter Dispatch - applies to all calls 'Mileage (acutal miles towed) 1 O 0 C 69 N (. Tl 0 a 69 CO O 0 o 69 W O 0o O 0 0 O O 69 01 0 bo a EA 0) 0 0 $ 40.00 69 0 O 0 o I$ 25.00 69 69 4. 4. 0 0 00 O O (9 A O 0 O $ 40.00 $ 50.00 69 0) O 0 o $ 25.00 69 0 7 00 0 69 0) 0 0 Disabled Recovered Motorist Accident impounded Staten Hazard Abandoned Safekeeping EA N 01 o O $ 80.00 $ 100.00 $ 40.00 �$ 50.00i� 69 07 a 0 0 69 ? 0 0 O 69 O a 0 O 69 N 0) 00 O 1 $ 40.00 1$ 40.00 69 A O a 0 GA A O 0 0 $ 50.00 6q 0 o 0 O 1$ 25.00 : EA pr lit a 0O 0 0 $ 25.00 EA 6i W 0 0 0 bb O O 69 0 0 Oa O EA 0 0 O E9 0 a 0 O RA o 9 0 O 69 N G7 0 0 $ 40,00 $ 40.00 GA O 0 0 0 1$ 40,00 Hi 0 0 O O 69 61 a o O 69 N 91O 0 O 110.00 $ 5.00 69 69 i+ 0 O 0 Ob 0 0 69.69 0 O o 0 01 O 0 69 ••P 0 o 0 69 a o O b 0 $ 25.00 69 #A A . 0 0 bb 0 0 69 O in 0 I $ 40.00 69 Cil O b 0 69 dr O b O $ 25.00 69 69 Ch 91 9 00 0 0 $ 25.00 1 $ 80.00 $ 100.00 $ 30.00 69 01 9O 00 O 69 0) O $ 40.00 69 0 4 0 O 1 $ 25.00 $ 40.00 40.00 EA A O to O 69 4. OO 00 O 69 tri O 69 0) O O O 69 N 91 00 O 69 a1 0 69 01 O $ 80.00 100.00 $ 30.00 69 a 0 (A a a4 0 $ 40.00 ? $ 40.00 69 a 0 O $ 25.00 $ 40.00 $ 40.00 69 0 O 40.00 $ 50.00 69 0 O $ 25.00 $ 110.00 $ 5.00 69 01 0 to $ 80.00 63 69 0 0 00 0 O $ 100.00 69 01 a 0 69 0 a a $ 40.00 I Vi 0 a 0 E9 0. a O $ 50.00 1 69 0 0 O $ 25.00 I 0 Hi .-a 01 0 b0 o 0 Hazmat (fluid spill or leaking fluids: oil, antifreeze, etc.) Inside Storage at Officer or Registered Owner Request, per calendar day Outside Storage (per linear foot=8 ft wide x 1 ft long) bumper to bumper and or cargo, per calendar day 'Sublet equipment or consumable supplies Cost+25% Flares (each) $ 5.00 Traffic Control, only at request of Sheriff's Office i or ODOT (1 hr min, billed at 15 -minute increments thereafter) $ 100.00 After hours gate fee $ 50.00 Drive -line re -install [Dispatch Fee, applies to all calls Unskilled labor for clean-up, etc. (hourly, min 4 hrs) Incident Commander / Supervisor required on scene (hourly, 1 hr min, billed at 15 -minute increments thereafter) Hook-up and tow, from time truck leaves tow yard until truck returns (hourly, 1 hr min, 15 - minute increments thereafter) $ 200.00 'p $ 200.00 $ 200.00 $ 200.00 $ 2( $ 25.00 69 69 69 $ 100.00 Oo 01 N A 2 N O U1 O O o O O o fig 69 G9 $ 5.00 I 64 00'0S $_ 00'0S $ 25.00 69 69 0 0 yr COo b N ca N a O o Q o o 0 O O O o o O 69 69 fs1 H CA 69 fA 3$ 25.00 $ 40.00 I $ 40.00 $ 100.00 $ 100.00 0 N to IV 01 O N G1 Q 9 0 O O O O O O 6 0 0 0 oo oa _$ 25.00 69 69 EA 69 $ 50.00 $ 50.00 L $ 25.00 0 0 DI N O U1 O 0 O 0 O 0© o 0 4A $ 80.00 64 sA 69 fA EA 69 Ea $ 100.00 0 4. N CT 01 N o 01.0 0 O U O 0 O O O 0 0 0 0 O O O O 0 0 0 0 E9 69 fA EA CA 69 GH $ 25.00 69 4A 0 0 N N cn if1 03 o N e 01 0 CO © 43. 0 o O o O ® O C O 0 C o o O O O O O 0 0 $ 25.00 69 EH 69 69 49 49 69 01 G9 N C{t 0 to O 7 O O O 0 0 0 0 O 3 a O O 0 0 0 0 0 Hazmat (fluid spill or leaking fluids: oil, antifreeze, etc.) $ 25.00 $ 25.00 I Inside Storage at Officer or Registered Owner Request, per calendar day $ 80.00 Sublet equipment or consumable supplies Cost+25% Outside Storage (per linear foot=8 ft wide x 1 ft long) bumper to bumper and or cargo, per calendar day I $ 2.00 Flares (each) Traffic Control, only at request of Sheriff's Office or ODOT (1 hr min, billed at 15 -minute increments thereafter) After hours gate fee Drive -line re -install 0 N 0 97 m i co N a unskilled labor for clean-up, etc. (hourly, min 4 hrs) EXHIBIT 1-A RATE SCHEDULE Class "C" Type of Service Disabled Recovered Motorist Accident Impounded Stolen Hazard Abandoned Safekeeping Hook-up and tow, from time truck leaves tow yard until truck returns (hourly, 1 hr min, 15- 1 f minute increments thereafter) $ 300.00 $ 300.00 I $ 300.00 $ 300.00 I $ 300.00 $ 300.00 $ 300.00 Additional trucks required, from time truck leaves tow yard until truck returns (hourly,1 hr min, 15 - minute increments thereafter) 5 300.00 $ 300.0.0 $ 300.00 $ 300.00 $ 300.00 $ 300.00 $ 300.00 Mileage included i included included included included included included Drive -line removal included ! included included 1 included included included included Recovery /1A/inching (per 15 minutes after 1st I'I hour) included l included "included included included included included Stand-by time (per 15 minutes after lst hour) included I included included included included I included included Clean-up per 15 minutes (after initial 15 minutes at scene) included included included included included 1 included included Incident Commander / Supervisor required on I scene (hourly, 1 hr min, 15 -minute increments thereafter) $ 100.00 1 $ 100.00 $ 100.00 $ 100.00 1 $ 100.00 i $ 100.00 1 $ 100.00 $ 5.00 E9 0 d 4 I $ 50.00 696969 O d O N C0 p7i O O O 69 0 O 0 69 N O 0 0 0 N + N Css ° 69 Ut 0 0 $ 100.00 $ 50.00 1 $ 50.00 69 al O 0 $ 40.00 69 N 01 O lA (b•(T O 69 O i) 0 N + N tri 69 Ul 0 $ 100.00 69 O 0 69 CAS O 0 $ 25.00 I $ 40.00 69 co 0 O $ 80.00 69 N 0 O C) 0 y + N $ 5.00 69 O O 0 89 O O 0 �$ 50.00 $ 25.00 69 O O 0 69 PU,O O O $ 80.00 $ 100.00 1 $ 5.00 Cost+25% $ 2.00 $ 50.00 69 69 69 ,pp OCNisd 0 0 0 0 0 0 69 N UI d 0 69 c» O 0 0 69 N 0 0 100.00 $ 5.00 Cost+25% 69 UI O O 0 1 I $ 40.00 I $ 25.00 $ 50.00 Hf N UT 69 C7, O 69 N vo 69 0 co N e d 69 01 O 69 69 69 01 N A 0 O O I Hazmat (fluid spill or leaking fluids: oil, antifreeze, etc.) Storage (rated by class of vehicle), per calendar day Storage (rated by class of vehicle), per calendar day After hours gate fee Drive -line re -install (rated by class of vehicle) Dispatch, applies to all calls Incident Commander / Supervisor required on scene (hourly, 1 hr min, 15 -minute increments thereafter) Stand-by time (per 15 minutes after 1st hour) Recovery / Wnching (per 15 minutes after 1st hour) Clean-up per 15 minutes (after initial 15 minutes at scene) Drive -tine removal m CD (0. m EXHIBIT 1-A RATE SCHEDULE Four-wheel Drive Disabled Recovered Type of Service Accident Impounded Hazard Abandoned Safekeeping orist Stolen Ilk I: illi Hook-up (billed at an hourly rate, minimum one; hour, thereafter billed at 15 -minute increments from time truck leaves tow yard until truck returns) $ _ 250.00 $ 250.00 , $ 250.00 $ 250.00 $ 250.00 $ 250.00 l $ 250.00 Additional trucks required, from time truck leaves tow yard until truck returns (hourly,1 hr min, 15 -minute increments thereafter) $ 100.00 $ 100.00 1 $ 100.00 $ 100.00 $ 100,00 $ 100.00 $ 100.00 EA Na 01U1 O OO O $ 50.00 69 to N 0 O 69 0 O 0 0 papnpui c 0 c a 5 0 c a pepnpui pepnpul $ 25.00 0 0 69 Q o 0 69 ' 69 01 00 O 69 O O 5 0 E 0 0. 5 0 C 0. Q. 0 c 0 0. 5:5 0 c 0m. 0.. 0 c 0, 0. 6fl N to O OO 0 69 6n O 0 0 69 1 ER N 91P 0 0 6A 0 O 0 l included 5 0 c 0. D a 5 0 C a CD 0. 1 included 0 C a (D a $ 25.00 O O [_$ 50,00_ 69 $ 25.00 69 0 P 0 0 cc 0 c m a 0 c 0 m s c 0 c a 5" 0 c m a 5" 0 c m s 69 N O O O 0 0 CA OT O O O 69 $ 25.00 $ 100.00 0 c o. a _ 0 c a a 3 0 c Q. E. 5 0 c 4a. a 5 0 c a 69 N (3(311 O 0 1 $ 50.00 V1' 1 619 N 01 0 69 O 0 • 0 5 0 a DI a 5 0 C CD 0 0 C CD 0. 1 included 5 0 c 0 a 69 N 01 O 0 0 0 69 (1 0 O 0 69 1 $ 25.00 I $ 100.00 3 0 c �p spa 0. 7 0 c a nm. 5' 0 C a 0. 7 0 c �a7 a 5 0 c s E. EXHIBIT 1-B 257-050-0160 Mandatory Equipment Standards for Tow Trucks/Safety Related Requirements (I) All tow vehicles operated under a letter of appointment under these rules shall have the following minimum equipment: (a) Minimum of two (2) lights mounted behind the cab of the tow truck controlled by a dedicated on/off switch. This lighting must be capable of illuminating the area of the tow under darkened, foggy or dangerous conditions; (b) An FCC licensed two-way radio, in conformance with Part 93 FCC Regulations, or cellular phone (citizen band radios so not meet this requirement); (c) Cables or wire ropes as called for in each class. Cable/wire rope lengths shall be measured from the point of attachment on each drum. Cables/wire ropes shall meet the following requirements. (A) Each cable 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. (d) Two revolving or intermittent red or amber lamps with 360 degree visibility. The truck may also be equipped with flashing amber lights, which may be used in conjunction with the red lamp(s). Such lighting will not be used when responding to a call, but only at the scene when necessary to warn approaching traffic of impending danger. (e) A broom and a shovel. The broom shall be at least twelve inches wide and have a handle at least four feet long. The shovel shall be flat scoop type with a minimum width of seven inches and overall length of a least three feet. Tow truck driver shall clean accident/incident scenes of all vehicle glass and debris required by ORS 822.225. Page 1 of 5 OAR 257-050-0160 Oregon State Police Mandatory Equipment Standards March 2006 (f) A tow sling, wheel lift, car carrier or other comparable device made of a material designed to protect vehicles. (g) Motorcycle Tows -- A tow sling, wheel lift, car carrier or other comparable device that has the ability to tow motorcycles. (h) One fire extinguisher, 25 BC rating or equivalent. (i) One snatch block, or equivalent block, in good working condition for each working line. (j) Commercially manufactured dollies on all class A recovery vehicles and class B recovery vehicles up to 26,000 GVW. Commercially manufactured dollies are required for all tow class categories when dollies are used and/or defined for use up to 26,000 GVW. (k) All class A and 13 tow vehicles that are inclusive of class DA and DB tow vehicles shall carry at least one pinch bar, or an equivalent device. The bar or equivalent device must be 4 feet in length and 3/4 inch in diameter, and the ends may either be tapered or flattened. (1) Portable lights for unit being towed including, but not limited to, tail lights, stop lights and directional signals. NOTE: Class D tow trucks roll backs are exempt from this section if not towing a second vehicle. (m) All tow vehicles must have a minimum of two "wreck ahead" signs to be placed by tow truck drivers as required by ORS 822.220. The signs shall confirm to all specifications as set forth in the Oregon Department of Transportation's publication "Traffic Control on State Highways for Short Term Work Zones" (Form 734-2272) and the "Manual Uniform of Traffic Control Devices." (n) All tow trucks and equipment used to perform services under these rules shall be maintained in good working order. Failure to maintain equipment shall be cause for suspension and removal of the defective equipment from the non -preference list. If equipment does not meet the Department's criteria for non -preference tows under these Administrative Rules, the Department may suspend and remove the equipment from the non -preference list. (2) Class A Tow Trucks (Small): Tow trucks shall be provided that are capable of towing and recovery operations for passenger cars, pickup trucks, small trailers or equivalent vehicles. All equipment used in conjunction with the tow truck must be compatible with the manufacturer's basic boom rating and must comply with current state laws and Oregon Administrative Rule 735- 154-0040. In addition to the equipment required for all trucks used to provide service under this rule, all trucks in this class shall have: (a) Ten thousand pounds minimum manufacturer's gross vehicle weight rating or equivalent; Page 2 of 5 OAR 257-050-0160 Oregon State Police Mandatory Equipment Standards March 2006 (b) Dual tires on the rear axle or duplex type tires, referred to as super single with a load rating that is comparable to dual tire rating; (c) Six ton minimum boom rating dual or single boom with dual or single winches to control a minimum of one service cable; (d) A minimum of one hundred (100) feet of 3/8 -inch continuous length cable; and (e) A wheel lift for this class of tow truck. (3) Class B Tow Trucks (Medium): Class B tow trucks shall be capable of towing and recovery operations for medium size trucks, trailers, motor homes or equivalent vehicles. In addition to standard equipment required for all trucks used to provide service under this rule, all trucks in this class shall have: (a) Seventeen thousand pounds minimum manufacturer's gross vehicle weight rating or equivalent; (b) Ten ton minimum boom rating dual or single boom with dual or single winches to control a minimum of one service cable; (c) Class B tow trucks in excess of 26,000 pounds GVW will not be required to carry dollies when used for heavy towing; (d) A wheel lift for this class of tow truck; and (e) A minimum of 150 feet of seven -sixteenths inch cable. (4) Class C Tow Trucks (Large): Tow trucks that are capable of towing and recovery operations for large trucks, trailers, motor homes or equivalent vehicles. In addition to the standard equipment required for all trucks used to provide service under this rule, all trucks in this class shall have: (a) Twenty-seven thousand five hundred pounds minimum manufacturer's gross vehicle weight rating or equivalent; (b) Twenty-five ton minimum boom rating dual or single boom with dual or single winches to control a minimum of one service cable; (c) Minimum of 150 feet of cable, five-eighths inch diameter; (d) Air brakes and an air system capable of supplying air to the towed unit; (e) Portable dollies are not required; (f) Tandem rear axle truck chassis (three axle truck); Page 3 of 5 OAR 257-050-0160 Oregon State Police Mandatory Equipment Standards March 2006 (g) May include an under -lift for this class of tow truck. (h) Exception to commercially manufactured tow vehicles (for Class C recovery tow trucks/equipment only). Class C Recovery Tow Equipment that has been approved by the Oregon State Police to be used on the Department's non -preference towing list prior to the adoption of these Administrative Rules, but does not meet the criteria outlined under these Administrative Rules, may continue to be used for the Department's non -preference tows if the following conditions are met: (A) The equipment must first be inspected and approved by the Oregon State Police; (B) If the tower has the only "Class C" tow truck in a zone, then the tow business must replace the equipment after 5 years from the adoption date of these rules. The Oregon State Police reserve the option to extend the time period for the use of Class C Towing Equipment under this exception based on operational need by the Department; and (C) If it is determined at any time that the equipment does not meet Oregon State Police criteria for towing under these Administrative Rules, then the Oregon State Police can remove the equipment from the non -preference list. (5) Class D Tow Trucks (Trucks and equipment in this class are not considered recovery vehicles): (a) Tow trucks and other vehicles in this class are to be used for towing and/or hauling purposes only. No recovery can be performed by equipment in this class; (b) Equipment in this class capable of towing/hauling passenger cars, pickup trucks, trailers, trucks or equivalent vehicles, and debris is based on the size and ratings of the Class D tow unit used. All equipment used in conjunction with the tow truck must comply with current state laws and Oregon Administrative Rule 735-154-0040. In addition to the equipment required for all trucks used to provide service under this rule, all trucks in this class shall have: (A) Class D -A: (i) Eleven thousand pounds minimum manufacturer's gross vehicle weight rating or equivalent; (ii) Dual tires on the rear axle; (iii) A minimum of fifty feet three-eighths inch continuous length cable; (iv) May include wheel lift, if chassis GVW is over 14,500 pounds; and (v) If a Metro unit, dollies and a wheel lift. (B) Class D -B: Page 4 of 5 OAR 257-050-0160 Oregon State Police Mandatory Equipment Standards March 2006 (i) Seventeen thousand pounds minimum manufacturer's gross vehicle weight rating or equivalent; (ii) Dual tires on the rear axle; (iii) A minimum of 50 feet of three-eighths inch cable; (iv) May include wheel lift; and (v) If a Metro unit, dollies and a wheel lift. (C) Class D -C: (i) Twenty-seven thousand five hundred pounds minimum manufacturer's gross vehicle weight rating or equivalent. (ii) Minimum of 50 feet of cable, five-eighths inch diameter. (iii) Tandem rear axle truck chassis (three axle truck). (iv) May include wheel lift; and (v) Air brakes and an air system capable of supplying air to the towed unit. Page 5 of 5 OAR 257-050-0160 Oregon State Police Mandatory Equipment Standards March 2006 DESCHUTES COUNTY TOW ZONE LEGEND Zone 2 - Lapine: North/South Borders - Hwy 97 from Cottonwood Road, south to the Deschutes/Klamath County line West/East Borders - Deschutes/Lane County line to USFS road 18 Zone 3 - Bend: North/South Borders - Hwy 97 from 61St/Pleasant Ridge Road to Cottonwood Road West/East Borders - Innes Market Road/Hwy 20 east to Deschutes/Harney County line. Green Lake/Elk Lake/Mt. Bachelor east through Hampton to Deschutes/Harney county line Zone 4- Redmond: North/South Borders - Deschutes/Jefferson County line south to 61St/Pleasant Ridge Road West/East Borders - Hwy 126 MP 100 (Dry Canyon) to Deschutes/Crook County line Zone 5- Sisters: North/South Borders - Deschutes/Jefferson County line south to Three Creek Lakes area West/East Borders - Deschutes/Lane/Linn County line to Innes Market Road/Hwy 20. Deschutes/Lane/Linn County line to MP 100/Hwy 126 (Dry Canyon) Exhibit 1-C Page 2 of 2 Exhibit 1-D Deschutes County Sheriff's Office Vehicle Release Requirements Type of Tow Release Requirement Law Enforcement Fee Documents Required for Police Release Abandoned No Release NA NA Hazard No Release NA NA Motor vehicle accident No Release NA NA Recovered Stolen Vehicle RELEASE REQ NA Respective to agency Impounded Vehicle RELEASE REQ FEE respective to agency Proof of ownership, insurance, valid DL Safekeeping RELEASE REQ NA Respective to agency Note: Insurance agent may view or photograph the vehicle showing proof of agent identification during business hours or gate fee may be charged. Vehicle Disposition Sheet :ANVdNOD mos 0 z x Cs7 z Case # eD 9 4 m r eD Model License # C z 4b n 0 3- 9 Appraisal Amount Disposition/Date :ANVdNOD mos 0 z x Cs7 z DESCHUTES COUNTY SHERIFF'S OFFICE 63333 West Highway 20, Bend, OR 97701 (541) 388-6655 FAX (541) 389-6835 ***DISPOSITION SHEET FOR 24- HOUR ABANDONED TOW*** To:DCSO Civil Division Vehicle License Plate: Year: Make: Model: Color: Location: State: Fax: (541) 389-1928 VIN: • Our company (Name of Company) has been dispatched to tow an abandoned vehicle. It is agreed that we will remove it within 24 hours of the time we were given the call. The disposition of the above-described vehicle is: (you must check one) ❑ The vehicle was towed on . (DCSO action required). ❑ The vehicle was not found on the above listed highway/street/public property. Non- emergency 911 dispatch was notified. ❑ Other (describe) After checking one of the boxes above, fax this disposition sheet back to the Sheriff's Office Civil Division at (541) 389-1928 within the same 24-hour period. FOR DCSO USE ONLY EIV Entry: Date: ❑ Registration and legal owner information as shown in DMV Records attached and faxed back to tow company on Page 1 of 2 Exhibit 1-F The following information is provided pursuant to ORS 819.215 and is used solely for notification purposes. Any misuse of this information will be subject to penalties. Title No. Registered Owner: Physical Address: City/State/Zip: Mailing Address: City/State/Zip: Registered Owner: Physical Address: City/State/Zip: Mailing Address: City/State/Zip: Registered Owner: Physical Address: City/State/Zip: Mailing Address: City/State/Zip: Lienholder: Physical Address: City/State/Zip: Mailing Address: City/State/Zip: Vehicle flagged as sold: [l 10 Dealer # ❑ 11 ❑ 49 Page 2 of 2 Exhibit 1-F EXHIBIT 2 DESCHUTES COUNTY SERVICES CONTRACT Contract No. 2010- 32-} INSURANCE REQUIREMENTS Contractor shall at all times maintain in force at Contractor's expense, each insurance noted below. Insurance coverage must apply on a primary or non-contributory basis. All insurance policies, except Professional Liability, shall be written on an occurrence basis and be in effect for the term of this contract. Policies written on a "claims made" basis must be approved and authorized by Deschutes County. Contractor Name High Lakes Towing & Recovery Workers Compensation insurance in compliance with ORS 656.017, requiring Contractor and all subcontractors to provide workers' compensation coverage for all subject workers, or provide certification of exempt status. Employer's Liability Insurance with coverage limits of not less than $500,000 must be included. Professional Liability insurance with an occurrence combined single limit of not less than: Per Occurrence limit Annual Aggregate limit D $500,000 ❑ $500,000 ❑ $1,000,000 ❑ $1,000,000 [I $2,000,000 0 $2,000,000 Professional Liability insurance covers damages caused by error, omission, or negligent acts related to professional services provided under this Contract. The policy must provide extended reporting period coverage, sometimes referred to as "tail coverage" for claims made within two years after this contract is completed. ❑ Required by County ® Not required by County (one box must be checked) Commercial General Liability insurance with a combined single limit of not less than: Per Single Claimant and Incident All Claimants Arising from Single Incident ® Oregon Tort Claims Act limits ❑x Oregon Tort Claims Act limits O $1,000,000 0 $2,000,000 O $2,000,000 0 $3,000,000 Commercial General Liability insurance includes coverage for personal injury, bodily injury, advertising injury, property damage, premises, operations, products, completed operations and contractual damages. The Oregon Legislature has adopted legislation which establishes tort claims limits for actions against local public bodies, including their officers, agents and employees. The tort claims act limits are automatically adjusted on July 1 every year. By separate endorsement, the policy shall name Deschutes County, its officers, agents, employees and volunteers as an additional insured. The additional insured endorsement shall not include declarations that reduce any per occurrence or aggregate insurance limit. The contractor shall provide additional coverage based on any outstanding claim(s) made against policy limits to ensure that minimum insurance limits required by the County are maintained. Construction contracts may include aggregate limits that apply on a "per location" or "per project" basis. ® Required by County 0 Not required by County (One box must be checked) Automobile Liability insurance with a combined single limit of not less than: Per Occurrence O $500,000 ® $1,000,000 O $2,000,000 Automobile Liability insurance includes coverage for bodily injury and property damage resulting from operation of a motor vehicle. Commercial Automobile Liability Insurance shall provide coverage for any motor vehicle (symbol 1 on some insurance certificates) driven by or on behalf of Contractor during the course of providing services under this contract. Commercial Automobile Liability is required for contractors that own business vehicles registered to the business. Examples include: plumbers, electricians or construction contractors. An Example of an acceptable personal automobile policy is a contractor who is a sole proprietor that does not own vehicles registered to the business. g Required by County 0 Not required by County (one box must be checked) Page 20 of 25— Exhibit 2 E \My Documents \ IMPOUNDS \ CONTRACT 2010@010 Tow Contract doc Additional Requirements. Contractor shall pay all deductibles and self-insured retentions. A cross -liability clause or separation of insured's condition must be included in all commercial general liability policies required by this Contract. Contractor's coverage will be primary in the event of loss. Certificate of Insurance Required. Contractor shall furnish a current Certificate of Insurance to the County with the signed Contract. The Certificate shall provide that there shall be no cancellation, termination, material change, or reduction of limits of the insurance coverage without at least 30 days written notice from the Contractor's insurer to the County. The Certificate shall also state the deductible or, if applicable, the self-insured retention level. For commercial general liability coverage, the Certificate shall also provide, by policy endorsement, that Deschutes County, its agents, officers, employees and volunteers are additional insureds with respect to Contractor's services provided under this Contract, The endorsement must be in a format acceptable to Deschutes County. If requested, complete copies of insurance policies shall be provided to the County. Risk Management review Page 21 of 25— Exhibit 2 E:\My DocumentsUMPOUNDSICONTRAC11201052010 Tow Contract.doc Date Exhibit 2-A Insurance Requirements Garage keeper's legal liability per occurrence in the amount of: Class A $50,000 Class B $150,000 Class C $200,000 Class D -A $50,000 Class D -B $75,000 Class D -C $200,000 Cargo insurance in the amount of: Class A $50,000 Class 13 $100,000 Class C $200,000 Class D -A $50,000 Class D -B $100,000 Class D -C $200,000 EXHIBIT 3 DESCHUTES COUNTY SERVICES CONTRACT CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR NOTE: Contractor Shall Complete A or B in addition to C below: A. CONTRACTOR ISA CORPORATION, LIMITED LIABILITY COMPANY OR A PARTNERSHIP. I certify under penalty of perjury that Contractor is a [check one]: ❑Corporation ❑Limited Liability Company ❑ Partnership authorized to do business in the State of Oregon. Signature Title Date B. CONTRACTOR ISA SOLE PROPRIETOR WORKING AS AN INDEPENDENT CONTRACTOR. Contractor certifies under penalty of perjury that the following statements are true: 1. If Contractor performed labor or services as an independent Contractor last year, Contractor filed federal and state income tax returns last year in the name of the business (or filed a Schedule C in the name of the business as part of a personal income tax return) and 2. Contractor represents to the public that the labor or services Contractor provides are provided by an independently established business registered with the State of Oregon and 3. All of the statements checked below are true. NOTE: Check all that apply. You shall check at least three (3] - to establish that you are an Independent Contractor. A. The labor or services I perform is primarily carried out at a location that is separate from my residence or is primarily carried out in a specific portion of my residence that is set aside as the location of the `` business. B. I bear the risk of loss related to the business or provision of services as shown by factors such as: (a) fixed-price agreements; (b) correcting defective work; (c) warranties over the services or (d) indemnification agreements, liability insurance, performance bonds or professional liability insurance. C. I have made significant investment in the business through means such as: (a) purchasing necessary tools or equipment; (b) paying for the premises or facilities where services are provided; or (c) paying for licenses, certificates or specialized training. k D. I have the authority to hire other persons to provide or to assist in providing the service and if necessary to fire such persons. E. Each year I perform labor or services for at least two different persons or I routinely engage in business advertising, solicitation or other marketing efforts reasonably calculated to obtain new contracts to provide similar services. Contractor Signature Date Page 22 of 25 — Exhibit 3 E9My Documents \ IMPOUNDS \CONTRACT2010\2010 Tow Contract.doc C. Representation and Warranties. Contractor certifies under penalty of perjury that the following statements are true to the best of Contractor's knowledge: 1. Contractor has the power and authority to enter into and perform this Contract; 2. This Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms; 3. The services under this Contract shall be performed in manner consistent with and in accordance with the professional standards of the industry and in a timely manner using the schedule, materials, plans and specifications approved by County; and 4. Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the services. 5. To the best of Contractor's knowledge, Contractor is not in violation of any tax laws described in ORS 305.380(4), 6. Contractor understands that Contractor is responsible for any federal or state taxes applicable to any consideration and payments paid to Contractor under this Contract; and 7. Contractor has not discriminated against minority, women or small business enterprises in obtaining any required subcontracts. 4' r 6-tet4 `2/1cLA_ 1-( (1 77 Contractor Signature' /b -1X(,-09 Date Page 23 of 25 — Exhibit 3 EdMy Documents\MPOUNDS\CONTRACT12010\2010 Tow Contractdoc EXHIBIT 4 DESCHUTES COUNTY SERVICES CONTRACT Workers' Compensation Exemption Certificate (To be used only when Contractor claims to be exempt from Workers' Compensation coverage requirements) Contractor is exempt from the requirement to obtain workers' compensation insurance under ORS Chapter 656 for the following reason (check the appropriate box): A$OLE PROPRIETOR • Contractor is a sole proprietor, and • Contractor has no employees, and • Contractor shall not hire employees to perform this Contract. ❑CORPORATION • FOR PROFIT • Contractor's business is incorporated, and • All employees of the corporation are officers and directors and have a substantial ownership interest* in the corporation, and • The officers and directors shall perform all work. Contractor shall not hire other employees to perform this Contract. ❑CORPORATION • NONPROFIT • Contractor's business is incorporated as a nonprofit corporation, and • Contractor has no employees; all work is performed by volunteers, and • Contractor shall not hire employees to perform this Contract. ❑PARTNERSHIP • Contractor is a partnership, and • Contractor has no employees, and • All work shall be performed by the partners; Contractor shall not hire employees to perform this Contract, and • Contractor is not engaged in work performed in direct connection with the construction, alteration, repair, improvement, moving or demolition of an improvement to real property or appurtenances thereto. ❑LIMITED LIABILITY COMPANY • Contractor is a limited liability company, and • Contractor has no employees, and • All work shall be performed by the members; Contractor shall not hire employees to perform this Contract, and • If Contractor has more than one member, Contractor is not engaged in work performed in direct connection with the construction, alteration, repair, improvement, moving or demolition of an improvement to real property or appurtenances thereto. `NOTE: Under OAR436-50-050 a shareholder has a "substantial ownership" interest if the shareholder owns 10% of the corporation or, if less than 10% is owned, the shareholder has ownership that is at least equal to or greater than the average percentage of ownership of all shareholders. **NOTE: Under certain circumstances partnerships and limited liability companies can claim an exemption even when performing construction work. The requirements for this exemption are complicated. Consult with County Counsel before an exemption request is accepted from a contractor who shall perform construction work. YYN uv/e= JT\Ck'r Contractor Printed Name Contractor Signature 0c/a rtivrc. 60-c9(,,- o T Contractor Title Date -f- r' c A IV\ )r te Page 24 of 25 — Exhibit 4 E.\My Documents \ IMPOUNDS \CONTRACT12010\2010 Tow Contract.doc Exhibit 5 DESCHUTES COUNTY SERVICES CONTRACT Compliance with provisions, requirements of funding source and Federal and State laws, statutes, rules, regulations, executive orders and policies. Conflicts of Interest Contractor certifies under penalty of perjury that the following statements are true to the best of Contractor's knowledge: 1. If Contractor is currently performing work for the County, State of Oregon or federal government, Contractor by signature to this Contract declares certifies that; Contractor's Work to be performed under this Contract create no potential or actual conflict of interest as defined by ORS 244 and no rules or regulations of Contractor's employee agency (County State or Federal) would prohibit Contractor's Work under this Contract. Contractor is not an "officer," employee," or agent" of the Agency, as those terms are used in ORS 30.265. 2. No federally appropriated funds have been paid or shall be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. a. If any funds other than federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, Contractor agrees to complete and submit Standard Form -LLL "Disclosure Form to Report Lobbying," in accordance with its instructions. 1) Standard Form -LLL and instructions are located in 45 CFR Part 93 Appendix B. 2) If instructions require filing the form with the applicable federal entity, Contractor shall then as a material condition of this Contract also file a copy of the Standard Form -LLL with the Department. 3) This filing shall occur at the same time as the filing in accordance with the instructions. b. Contractor understands this certification is a material representation of fact upon which the County and the Department has relied in entering into this Contract. Contractor further understands that submission of this certification is a prerequisite, imposed by 31 USC 1352 for entering into this Contract. c. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. d. Contractor shall include the language of this certification in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. e. Contractor is solely responsible for all liability arising from a failure by Contractor to comply with the terms of this certification. f Contractor promises to indemnify County for any damages suffered by County as a result of Contractors failure to comply with the terms of this certification. 3. Contractor understands that, if this Contract involves federally appropriated funds, this certification is a material representation of facts upon which reliance was placed when this Contract was made or entered into, submission of this certification is a prerequisite for make or entering into this Contract imposed by Section 1352, Title 311, U.S. Code and that any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. Contractor Signature Date Page 25 of 25 — Exhibit 5 E \My Documents \ IMPOUNDS \CONTRACT\2010\2010 Tow Contract doc Schedule A Criminal Records Check Procedures I. DEFINITIONS "Conviction" means that a court of law has entered a final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere (no contest) against a subject individual in a criminal case, unless that judgment has been reversed or set aside by a subsequent court decision. 2. "Criminal Records Check" means to check the criminal history of a subject individual: A. A check of criminal offender information and driving records conducted through use of the Law Enforcement Data System (LEDS) maintained by the Oregon Department of State Police, in accordance with the rules adopted and procedures established by the Oregon Department of State Police (LEDS Criminal Records Check); 3. "False Statement" means that a subject individual either provided the Sheriffs Office with materially false information about his or her criminal history, such as materially false information about his or her identity or conviction record, or failed to provide to the Sheriff's Office, information material to determining his or her criminal history. II. CRIMINAL RECORDS CHECK PROCESS The Sheriffs Office shall approve any owner, part-owner, partner, principal party, officer, agent, or employee on a preliminary basis if the Sheriffs Office has no reason to believe that the subject individual has made a false statement and the information available to the Sheriffs Office does not disclose that the subject individual: A. Has been convicted of, found guilty except for insanity (or comparable disposition) of, or has a pending indictment for a crime listed under Sections IV, V and VI, B. Within the last five years, has been arrested for or charged with a crime listed Sections IV, V and VI, C. Is being investigated for, or has an outstanding warrant for a crime listed Sections IV, V and VI, D. Is currently on probation, parole, or another form of post -prison supervision for a crime listed under Sections IV, V and VI, E. Has a deferred sentence or conditional discharge pending or is participating in a diversion program in connection with a crime listed under Sections IV, V and VI, or Page 1 of 11 Schedule A F. Has been adjudicated in a juvenile court and found to be within the court's jurisdiction for an offense that would have constituted a crime listed in Sections IV, V and VI. 2. If the information available to the Sheriffs Office discloses one or more of the circumstances identified in Section II (1), the Sheriffs Office may nonetheless approve any owner, part-owner, partner, principal party, officer, agent, or employee on a preliminary basis if the Sheriff's Office concludes, after evaluating all available information, that continuing employment of any owner, part-owner, partner, principal party, officer, agent, or employee on a preliminary basis does not pose a risk of harm to the Sheriffs Office, the State, or members of the public. 3. In making determination about any owner, part-owner, partner, principal party, officer, agent, or employee, the Sheriff's Office shall consider the factors in subsections (1) (A) -(F) in relation to information provided any owner, part- owner, partner, principal party, officer, agent, or employee, any LEDS report or criminal offender information obtained through a criminal records check, and any false statement made by any owner, part-owner, partner, principal party, officer, agent, or employee. To assist in considering these factors, Sheriffs Office may obtain other criminal records information from any owner, part- owner, partner, principal party, officer, agent, or employee or any other source, including law enforcement agencies or courts within or outside of Oregon. To acquire other criminal offender information from any owner, part-owner, partner, principal party, officer, agent, or employee, the Sheriff's Office may request to meet with the any owner, part-owner, partner, principal party, officer, agent, or employee, to receive written materials from him or her, or both. The Sheriffs Office will use all collected information in considering: A. Whether any owner, part-owner, partner, principal party, officer, agent, or employee has been convicted of, found guilty except for insanity (or a comparable disposition) of, or has a pending indictment for a crime listed in Sections V, VI and VI; B. The nature of any crime identified under subsection (A) above; C. The facts that support the conviction, finding of guilty except for insanity, or pending indictment; D. The facts that indicate the subject individual made a false statement; E. The relevance, if any, of a crime identified under subsection (A) or of a false statement made by the subject individual to the specific requirements of the subject individual's present or proposed position, services or employment; and F. The following intervening circumstances, to the extent that they are relevant to the responsibilities and circumstances of the services or employment for which the determination is being made: 1. The passage of time since the commission or alleged commission of a crime identified under subsection (A); 2. The age of any owner, part-owner, partner, principal party, officer, agent, or employee at the time of the commission or alleged commission of a crime identified under subsection (A); Page 2 of 11 Schedule A 3. The likelihood of a repetition of offenses or of the commission of another crime; 4. The subsequent commission of another crime listed in; 5. Whether a conviction identified under subsection (A) has been set aside or pardoned and the legal effect of setting aside the conviction or of a pardon; 6. A recommendation of an employer; 7. The disposition of a pending indictment identified under subsection (A); 8. Whether any owner, part-owner, partner, principal party, officer, agent, or employee has been arrested for or charged with a crime listed under within the last five years; 9. Whether any owner, part-owner, partner, principal party, officer, agent, or employee is being investigated, or has an outstanding warrant, for a crime listed under 10. Whether any owner, part-owner, partner, principal party, officer, agent, or employee is currently on probation, parole or another form of post -prison supervision for a crime listed under subsection (A); 11. Whether any owner, part-owner, partner, principal party, officer, agent, or employee has a deferred sentence or conditional discharge or is participating in a diversion program in connection with a crime listed under Sections IV, V and VI; 12. Whether any owner, part-owner, partner, principal party, officer, agent, or employee has been adjudicated in a juvenile court and found to be within the court's jurisdiction for an offense that would have constituted a crime listed in Sections IV, V and VI if committed by an adult; 13. Periods of incarceration of any owner, part-owner, partner, principal party, officer, agent, or employee; 14. Whether any owner, part-owner, partner, principal party, officer, agent, or employee has a history of drug or alcohol abuse which relates to his or her criminal activity and the subject individual's history of treatment or rehabilitation for such abuse; and 15. The education and work history (paid or volunteer) of the any owner, part- owner, partner, principal party, officer, agent, or employee since the commission or alleged commission of a crime. III. POSSIBLE OUTCOMES OF A FINAL DETERMINATION 1. Automatic Approval. A. The Sheriffs Office shall approve any owner, part-owner, partner, principal party, officer, agent, or employee if the information described in sections (A) and (B) shows: Page 3 of 11 Schedule A No credible evidence that any owner, part-owner, partner, principal party, officer, agent, or employee has been convicted of, or found guilty except for insanity (or comparable disposition) of a crime listed in Section IV; 2. No credible evidence that any owner, part-owner, partner, principal party, officer, agent, or employee had been convicted of, or found guilty except for insanity (or comparable disposition) of a crime listed in Section V within ten years of the date that the subject individual signed the Sheriffs Office Form B — Criminal Records Check; No credible evidence that any owner, part-owner, partner, principal party, officer, agent, or employee had been convicted of, or found guilty except for insanity (or comparable disposition) of a crime listed in Section VI within five years of the date that the subject individual signed the Sheriff's Office Form B — Criminal Records Check; C. No credible evidence that any owner, part-owner, partner, principal party, officer, agent, or employee has a pending indictment for a crime listed in Sections IV, V and VI; D. No credible evidence of any owner, part-owner, partner, principal party, officer, agent, or employee having made a false statement; and E. No discrepancies between the criminal offender information, other criminal records information and information obtained from any owner, part-owner, partner, principal party, officer, agent, or employee. 2. Denial. A. If a determination shows credible evidence of any of the factors identified in Section II (1) and, after evaluating the information described Section II (3), the Sheriffs Office concludes that any owner, part-owner, partner, principal party, officer, agent, or employee acting in the position for which the determination is being conducted would pose a risk of harm to the Sheriffs Office, the State, or members of the public, the Sheriffs Office shall deny any owner, part-owner, partner, principal party, officer, agent, or employee as eligible to perform any work related to this contract. 3. Refusal to Consent. If any owner, part-owner, partner, principal party, officer, agent, or employee refuses to submit or consent to a criminal records check including fingerprint identification, the Sheriffs Office shall deny any owner, part-owner, partner, principal party, officer, agent, or employee as eligible to perform any work related to this contract. IV. CRIMES WHICH ARE A BASIS FOR DENIAL 1. ORS 162.155, Escape II; 2. ORS 162.165, Escape I; 3. ORS 162.285, Tampering with a witness; 4. ORS 162.325, Hindering prosecution; 5. ORS 163.005, Criminal homicide; 6. ORS 163.095, Aggravated murder; 7. ORS 163.115, Murder; Page 4 of 11 Schedule A 8. ORS 163.118, Manslaughter I; 9. ORS 163.125, Manslaughter II; 10. ORS 163.145, Criminally negligent homicide; 11. ORS 163.160, Assault IV; 12. ORS 163.165, Assault III; 13. ORS 163.175, Assault II; 14. ORS 163.185, Assault I; 15. ORS 163.187, Strangulation; 16. ORS 163.190, Menacing; 17. ORS 163.200, Criminal mistreatment II; 18. ORS 163.205, Criminal mistreatment I; 19. ORS 163.207, Female genital mutilation; 20. ORS 163.208, Assault of Public Safety Officer; 21. ORS 163.213, Unlawful use of an electrical stun gun, tear gas, or mace I; 22. ORS 163.225, Kidnapping II; 23. ORS 163.235, Kidnapping I; 24. ORS 163.257, Custodial interference I; 25. ORS 163.275, Coercion; 26. ORS 163.355, Rape III; 27. ORS 163.365, Rape II; 28. ORS 163.375, Rape I; 29. ORS 163.385, Sodomy III; 30. ORS 163.395, Sodomy II; 31. ORS 163.405, Sodomy I; 32. ORS 163.408, Unlawful Sexual penetration II; 33. ORS 163.411, Unlawful Sexual penetration I; 34. ORS 163.415, Sexual abuse III; 35. ORS 163.425, Sexual abuse II; 36. ORS 163.427, Sexual abuse I; 37. ORS 163.435, Contributing to the sexual delinquency of a minor; 38. ORS 163.445, Sexual misconduct, 39. ORS 163.452, Custodial sexual misconduct I; 40. ORS 163.454, Custodial sexual misconduct II; 41. ORS 163.465, Public indecency; 42. ORS 163.515, Bigamy; 43. ORS 163.525, Incest; 44. ORS 163.535, Abandonment of a child; 45. ORS 163.537, Buying or selling a person under 18 years of age; 46. ORS 163.545, Child neglect II; 47. ORS 163.547, Child neglect I; 48. ORS 163.555, Criminal nonsupport; 49. ORS 163.575, Endangering the welfare of a minor; 50. ORS 163.670, Using child in display of sexually explicit conduct; 51. ORS 163.673, Dealing sexual condition of children; 52. ORS 163.675, Sale sexual condition of children; 53. ORS 163.680, Paying for sexual view of children; 54. ORS 163.684, Encouraging child sexual abuse I; 55. ORS 163.686, Encouraging child sexual abuse II; 56. ORS 163.687, Encouraging child sexual abuse III; 57. ORS 163.688, Possession of materials depicting sexually explicit conduct of a child I; 58. ORS 163.689, Possession of materials depicting sexually explicit conduct of a child II; 59. ORS 163.693, Failure to report child pornography; 60. ORS 163.700, Invasion of personal privacy; 61. ORS 163.732, Stalking; Page 5 of 11 Schedule A 62. Violating court's stalking protective order, 63. Aggravated theft I; 64. Theft I; 65. Theft by extortion; 66. Theft by deception; 67. Theft of services; 68. Burglary I; 69. Burglary II; 70. Arson II; 71. Arson I; 72. Computer crime; 73. Robbery III; 74. Robbery II; 75. Robbery I; 76. Forgery I; 77. Criminal possession of a forged instrument I; 78. Fraudulent use of a credit card; 79. Negotiating a bad check; 80. Cellular counterfeiting I; 81. Identity theft; 82. Treason; 83. Abuse of corpse II; 84. Abuse of corpse I; 85. Intimidation II; 86. Intimidation I; 87. Unlawful use of weapon; 88. Possession of weapons by certain felons; 89. Unlawful possession of machine guns, certain short -barreled rearm silencers; 90. Possession of weapons by inmates of institutions; 91. Firearms used in felony; 92. Promoting prostitution; 93. Compelling prostitution; 94. Sadomasochistic abuse or sexual conduct in live show; 95. Furnishing obscene materials to minors; 96. Sending obscene materials to minors; 97. Exhibiting an obscene performance to a minor; 98. Displaying obscene materials to minors; 99. Disseminating obscene material; 100. , Adult using minor in commission of controlled substance ORS 163.750, ORS 164.057, ORS 164.055, ORS 164.075, ORS 164.085, ORS 164.125, ORS 164.225, ORS 164.215, ORS 164.315, ORS 164.325, ORS 164.377, ORS 164.395, ORS 164.405, ORS 164.415, ORS 165.013, ORS 165.022, ORS 165.055, ORS 165.065, ORS 165.581, ORS 165.800, ORS 166.005, ORS 166.085, ORS 165.087, ORS 166.155, ORS 166.165, ORS 166.220, ORS 166.270, ORS 166.272, firearms and fi ORS 166.275, ORS 166.429, ORS 167.012, ORS 167.017, ORS 167.062, ORS 167.065, ORS 167.070, ORS 167.075, ORS 167.080, ORS 167.087, ORS 167.262 offense; ORS 167.315, ORS 167.320, ORS 167.322, ORS 167.333, ORS 181.599, ORS 433.010, ORS 475.525, ORS 475.805, ORS 475.840, ORS 475.846, ORS 475.848, ORS 475.850, ORS 475.852, ORS 475.854, ORS 475.856, 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. 115. Animal abuse II; Animal abuse I; Aggravated animal abuse I; Sexual assault of animal; Failure to report as sex offender; Spreading disease (willfully) prohibited; Sale of drug paraphernalia prohibited; Providing hypodermic device to minor prohibited; Prohibited acts generally (regarding drug crimes); Unlawful manufacture of heroin; Unlawful manufacture of heroin within 1,000 ft of school; Unlawful delivery of heroin; Unlawful delivery of heroin within 1,000 ft of school; Unlawful possession of heroin; Unlawful manufacture of marijuana; Page 6 of 11 Schedule A 116. ORS 475.858, Unlawful manufacture of marijuana within 1,000 ft of school; 117. ORS 475.860, Unlawful delivery of marijuana; 118. ORS 475.862, Unlawful delivery of marijuana within 1,000 ft of school; 119. ORS 475.864, Unlawful possession of marijuana; 120. ORS 475.866, Unlawful manufacture of 3,4-methylenedioxymethamphetamine; 121. ORS 475.868, Unlawful manufacture of 3,4-methylenedioxymethamphetamine within 1,000 ft of school; 122. ORS 475.870, Unlawful delivery of 3,4-methylenedioxymethamphetamine; 123. ORS 475.872, Unlawful delivery of 3,4-methylenedioxymethamphetamine within 1,000 ft of school; 124. ORS 475.874, Unlawful possession of 3,4-methylenedioxymethamphetamine; 125. ORS 475.876, Unlawful manufacture of cocaine; 126. ORS 475.878, Unlawful manufacture of cocaine within 1,000 ft of school; 127. ORS 475.880, Unlawful delivery of cocaine; 128. ORS 475.882, Unlawful delivery of cocaine within 1,000 ft of school; 129. ORS 475.884, Unlawful possession of cocaine; 130. ORS 475.886, Unlawful manufacture of methamphetamine; 131. ORS 475.888 Unlawful manufacture of methamphetamine within 1,000 ft of school; 132. ORS 475.890, Unlawful delivery of methamphetamine; 133. ORS 475.892, Unlawful delivery of methamphetamine within 1,000 ft of school; 134. ORS 475.894, Unlawful possession of methamphetamine; 135. ORS 475.904, Penalty for manufacture or delivery of controlled substance within 1000 feet of school; 136. ORS 475.906, Penalties for distribution to minors; 137. ORS 475.910, Application of controlled substance to the body of another person; 138. ORS 475.914, Prohibited acts for registrants (with the State Board of Pharmacy; regarding felony crimes); 139. ORS 677.080, Prohibited acts (regarding the practice of medicine); 140. ORS 803.230, Forging, altering or unlawfully producing or using title or registration; 141. ORS 811.060, Vehicular assault of bicyclist or pedestrian; 142. ORS 811.140, Reckless driving; 143. ORS 811.182, Criminal driving while suspended or revoked; 144. ORS 811.540, Fleeing or attempting to elude police officer; 145. ORS 811.700, Failure to perform duties of driver when property is damaged; 146. ORS 811.705, Failure to perform duties of driver to injured persons; 147. ORS 813.010, Driving under the influence of intoxicants (DLIII); 148. ORS 819.300, Possession of a stolen vehicle; 149. Any federal crime; 150. Any U.S. military crime; 151. Any unclassified felony defined in Oregon Revised Statutes not listed elsewhere in this rule; 152. Any other felony under the statutes of Oregon or any other jurisdiction not listed elsewhere in this rule that the authorized designee determines is relevant to performance of the subject individual's present or proposed position as a Department employee, contractor, vendor or volunteer; 153. Any crime of attempt, solicitation or conspiracy to commit a crime listed in this section pursuant to ORS 161.405, 161.435, or 161.450; 154. Any crime based on criminal liability for conduct of another pursuant to ORS 161.155, when the underlying crime is listed in this section; 155. Any crime in any other jurisdiction that is the substantial equivalent of any of the Oregon crimes listed in this section as determined by the Sheriffs Office; Page 7 of 11 Schedule A V. 156. Any offense that no longer constitutes a crime under Oregon law or the laws of any other jurisdiction, but is the substantial equivalent of any of the crimes listed in this section as determined by the Sheriff's Office. TEN-YEAR REVIEW CRIMES (If within 10 years of criminal records check by Sheriff's Office is a basis for denial) 1. ORS 133.076, Failure to appear on criminal citation; 2. ORS 162.015, Bribe giving; 3. ORS 162.025, Bribe receiving; 4. ORS 162.065, Perjury; 5. ORS 162.075, False swearing; 6. ORS 162.117, Public investment fraud; 7. ORS 162.145, Escape III; 8. ORS 162.175, Unauthorized departure; 9. ORS 162.185, Supplying contraband; 10. ORS 162.195, Failure to appear II; 11. ORS 162.205, Failure to appear I; 12. ORS 162.247, Interfering with a peace officer; 13. ORS 162.265, Bribing a witness; 14. ORS 162.275, Bribe receiving by a witness; 15. ORS 162.295, Tampering with physical evidence; 16. ORS 162.305, Tampering with public records; 17. ORS 162.315, Resisting arrest; 18. ORS 162.335, Compounding; 19. ORS 162.355, Simulating legal process; 20. ORS 162.365, Criminal impersonation; 21. ORS 162.367, Criminal impersonation of peace officer; 22. ORS 162.369, Possession of false law enforcement identification card; 23. ORS 162.375, Initiating a false report; 24. ORS 162.385, Giving false information to police officer for a citation or arrest warrant; 25. ORS 162.405, Official misconduct II: 26. ORS 162.415, Official misconduct I; 27. ORS 162.425, Misuse of confidential information; 28. ORS 163.195, Recklessly endangering another person; 29. ORS 163.212, Unlawful use of an electrical stun gun, tear gas, or mace II; 30. ORS 163.245, Custodial Interference II: 31. ORS 163.467, Private indecency; 32. ORS 164.043, Theft III; 33. ORS 164.045, Theft II; 34. ORS 164.095, Theft by receiving; 35. ORS 164.135, Unauthorized use of a vehicle; 36. ORS 164.140, Criminal possession of rented or leased personal property; 37. ORS 164.162, Mail theft or receipt of stolen mail; 38. ORS 164.235, Possession of burglar's tools or theft device; 39. ORS 164.255, Criminal trespass I; 40. ORS 164.265, Criminal trespass while in possession of firearm; 41. ORS 164.272, Unlawful entry into motor vehicle; 42. ORS 164.354, Criminal Mischief II; 43. ORS 164.365, Criminal Mischief I; 44. ORS 164.369, Interfering with police animal; 45. ORS 165.007, Forgery II; 46. ORS 165.017, Criminal possession of a forged instrument Ii; 47. ORS 165.032, Criminal possession of a forgery device; 48. ORS 165.037, Criminal simulation; Page 8 of 11 Schedule A 49. ORS 165.042, Fraudulently obtaining signature; 50. ORS 165.070, Possessing fraudulent communications device; 51. ORS 165.074, Unlawful factoring of payment card transaction; 52. ORS 165.080, Falsifying business records; 53. ORS 165.085, Sports bribery; 54. ORS 165.090, Sports bribe receiving; 55. ORS 165.095, Misapplication of entrusted property; 56. ORS 165.100, Issuing a false financial statement; 57. ORS 165.102, Obtaining execution of documents by deception; 58. ORS 165.540, Obtaining contents of communication; 59. ORS 165.543, Interception of communications; 60. ORS 165.570, Improper use of 9-1-1 emergency reporting system; 61. ORS 165.572, Interference with making a report; 62. ORS 165.577, Cellular counterfeiting III; 63. ORS 165.579, Cellular counterfeiting II; 64. ORS 165.692, Making false claim for health care payment; 65. ORS 166.015, Riot; 66. ORS 166.023, Disorderly conduct I; 67. ORS 166.025, Disorderly conduct II; 68. ORS 166.065, Harassment; 69. ORS 166.076, Abuse of a memorial to the dead; 70. ORS 166.090, Telephonic harassment; 71. ORS 166.116, Interfering with public transportation; 72. ORS 166.180, Negligently wounding another; 73. ORS 166.190, Pointing firearm at another; 74. ORS 166.240, Carrying of concealed weapon; 75. ORS 166.250, Unlawful possession of firearms; 76. ORS 166.370, Possession of firearms; 77. ORS 166.370, Possession of firearm or dangerous weapon in public hearing or court facility; exceptions; discharging firearm at school; 78. ORS 166.382, Possession of destructive device prohibited; 79. ORS 166.384, Unlawful manufacture of destructive device; 80. ORS 166.470, Limitation and conditions for sales of firearms; 81. ORS 166.480, Sale or gift of explosives to children; 82. ORS 166.649, Throwing an object off an overpass II; 83. ORS 166.651, Throwing an object off an overpass I; 84. ORS 166.660, Unlawful paramilitary activity; 85. ORS 167.007, Prostitution; 86. ORS 167.090, Publicly displaying nudity or sex for advertising purposes; 87. ORS 167.326, Animal Neglect II; 88. ORS 167.330, Animal Neglect I; 89. ORS 167.355, Involvement in animal fighting; 90. ORS 167.365, Dogfighting; 91. ORS 167.370, Participation in dogfighting; 92. ORS 167.820, Concealing the birth of an infant; 93. ORS 192.865, Criminal penalty (pertaining to Address Confidentiality Program); 94. ORS 411.630, Unlawfully obtaining public assistance; 95. ORS 411.675, Submitting wrongful claim or payment (e.g., public assistance); 96. ORS 411.840, Unlawfully obtaining or disposing of food stamp benefits; 97. ORS 417.990, Penalty for placement of children in violation of compact; 98. ORS 418.130, Unauthorized use and custody of records of temporary assistance for needy families program; 99. ORS 418.140, Sharing assistance prohibited; 100. ORS 418.250, Supervision of child-care agencies; Page 9 of 11 Schedule A 101. ORS 418.327, Licensing of certain schools and organizations offering residential programs; 102. ORS 418.630, Operating uncertified foster home; 103. ORS 471.410, Providing liquor to person under 21 or to intoxicated person; allowing consumption by minor on property; 104. ORS 475.900, Commercial drug offense; 105. ORS 475.912, Unlawful delivery of imitation controlled substance; 106. ORS 475.916, Prohibited acts involving records and fraud; 107. ORS 475.950, Failure to report precursor substances transaction; 108. ORS 475.960, Illegally selling drug equipment; 109. ORS 475.965, Providing false information on precursor substances report; 110. ORS 657A.280, Failure to certify child care facility; 111. ORS 807.620, Giving false information to police officer; 112. ORS 830.475, Failure to perform the duties of an operator (boat); 113. Any unclassified misdemeanor defined in Oregon's or any other jurisdiction's statutes and not listed elsewhere in this rule; 114. Any other misdemeanor under the statutes of Oregon or any other jurisdiction and not listed elsewhere in this rule that the Sheriff's Office determines is relevant to performance of the subject individual's present or proposed position as a Department employee, contractor, vendor or volunteer; 115. Any crime of attempt, solicitation or conspiracy to commit a crime listed in this section pursuant to ORS 161.405 or 161.435; 116. Any crime based on criminal liability for conduct of another pursuant to ORS 161.155, when the underlying crime is listed in this section; 117. Any crime in any other jurisdiction which is the substantial equivalent of any of the Oregon crimes listed in this section as determined by the Sheriffs Office; 118. Any offense that no longer constitutes a crime under Oregon law or the laws of another jurisdiction, but is the substantial equivalent of any of the crimes listed in this section as determined by the Sheriff's Office. VI. FIVE-YEAR REVIEW CRIMES (If within five years of criminal records check by Sheriff's Office is a basis for denial) 1. ORS 162.085, Unsworn falsification; 2. ORS 162.235, Obstructing governmental or judicial administration; 3. ORS 164.245, Criminal trespass II; 4. ORS 164.335, Reckless burning; 5. ORS 164.345, Criminal mischief III; 6. ORS 165.555, Unlawful telephone solicitation of contributions for charitable purposes; 7. ORS 166.075, Abuse of venerated objects; 8. ORS 166.095, Misconduct with emergency telephone calls; 9. ORS 167.340, Animal abandonment; 10. ORS 830.315, Reckless operation of a boat; 11. ORS 830.325, Operating boat while under influence of intoxicating liquor or controlled substance; 12. ORS 830.730, False information to peace office or State Marine Board; 13. Any crime of attempt, solicitation or conspiracy to commit a crime listed in this section pursuant to ORS 161.405 or 161.435. 14. Any crime based on criminal liability for conduct of another pursuant to ORS 161.155, when the underlying crime is listed in this section. 15. Any crime in any other jurisdiction which is the substantial equivalent of any of the Oregon crimes listed in this section as determined by the Sheriffs Office. Page 10 of 11 Schedule A 16. Any offense that no longer constitutes a crime under Oregon law or the law of another jurisdiction, but is the substantial equivalent of any of the crimes listed in this section as determined by the Sheriffs Office. VII. EVALUATION BASED ON OREGON LAW Authorized personnel shall evaluate a crime on the basis of Oregon laws and, if applicable, federal laws or the laws of any other jurisdiction in which a criminal records check indicates a any owner, part-owner, partner, principal party, officer, agent, or employee may have committed a crime, as those laws are in effect at the time of the criminal records check. VIII. EXPUNGED JUVENILE RECORDS An owner, part-owner, partner, principal party, officer, agent, or employee will not be denied under these rules on the basis of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262. IX. CONFIDENTIALITY Records the Sheriffs Office receives from the Oregon Department of State Police resulting from a criminal records check, including but not limited to LEDS reports and state or federal criminal offender information originating with the Oregon Department of State Police or the Federal Bureau of Investigation, are confidential pursuant to ORS 181.534(15). 2. The Sheriffs Office shall maintain and disclose records received from the Oregon Department of State Police resulting from a criminal records check in accordance with applicable requirements and restrictions in ORS chapter 181 and other applicable federal and state laws, rules adopted by the Oregon Department of State Police pursuant thereto (see OAR chapter 257, division 15), these rules, and any written agreement between the Department and the Oregon Department of State Police. Page 11 of 11 Schedule A FORM A DESCHUTES COUNTY SHERIFF'S OFFICE CONFIDENTIALITY AGREEMENT I understand and agree that: 1. On or about September 1, 2009, (Tow Firm) signed an application to provide vehicle towing and storage services to the Deschutes County Sheriff. Section I G 6. of that contract requires all employees involved in the execution of the contract and individuals financially responsible for a contractor, sign this Confidentiality Agreement before commencing any work under the contract. 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. I will treat the official business of the Deschutes 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. I 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. I will report at once to my immediate supervisor and the Deschutes County Sheriff's 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 and Equipment Operators: I understand that the Deschutes County Sheriff's Office issued driver's identification is the property of the Deschutes County Sheriff's Office and must be returned upon the end of my employment and cannot be used in the performance of a criminal act. Print Name Tow Firm Name Page 1 of 1 Signature Date Tow Firm Authorized Signature Date Confidentiality Agreement Form A Form B PERSONAL INQUIRY WAIVER AND RELEASE FORM I understand that Deschutes County Sheriffs Office will obtain information regarding my criminal record, if any and my driving record. I understand that the information contained in the criminal history records check and my driving record will be used for the purpose of making a decision on whether I will be allowed to perform work under the Deschutes County Sheriffs Office Tow Contract. I understand that if I have criminal convictions as listed in Schedule A, I may not be allowed to perform work under the Deschutes County Sheriffs Office Tow Contract. I hereby consent to the criminal history records check and driving records check as described above and authorized Deschutes County Sheriff's Office to obtain reports concerning my records as stated above. I hereby release Deschutes County, its officers, agents and employees from any and all liability related to Deschutes County using my criminal records or driving information to make a decision on whether I will be allowed to perform work under the Deschutes County Sheriffs Office Tow Contract. Signature of Applicant Date Print Name of Applicant Date of Birth Driver's License Number/State PLEASE PRINT LEGIBLY Providing your date of birth is necessary to perform this investigation. Date of Birth information is obtained for identification purposes only. Page 1 of 1 Criminal Records Check Form 13