DESCHUTES COUNTY SHERIFF’S OFFICE REQUEST FOR APPLICATION AND BID PACKET
The Deschutes County Sheriff’s Office is accepting applications and bid packets from tow companies to be placed on the Sheriff’s Office non-preference tow list.
The application and bid packet is available at our website, https://sheriff.deschutes.org/community/public-notices/, or a packet can be picked up at the main office in Bend. Please contact Lieutenant Joe DeLuca to schedule pick up a packet or if you have questions at 541-312-6020.
DUE DATE: SEPTEMBER 30, 2020 at 5:00 PM
To be considered, your application and bid packet must be received by the Sheriff’s Office on or before the due date listed above. You may email your application packet to [email protected] attention Jennifer Hill, mail the packet or drop it off at the Sheriff’s main office:
Deschutes County Sheriff’s Office Attn: Jennifer Hill 63333 Highway 20 Bend, OR 97703
AN INCOMPLETE PACKET MAY DISQUALIFY THE APPLICANT TOW COMPANY FROM THE PROCESS. Any and all packets may be rejected for good cause upon a finding that it is in the public interest to do so.
The evaluation of the packets will take into consideration the applicant’s: • Application and bid • Experience • Qualifications • Costs for service • Ability to meet the listed towing and storage requirements
If selected for a contract, tow companies must comply with requirements listed in the sample contract. Contract exhibits may change during contract negotiations.
Required Documentation 1. Complete Application for Towing (Form A). 2. Form B, Criminal Records/Driving History Check for each owner, driver, and anyone associated with the company 3. Provide a bid for the costs in Exhibit 1-A Rate Schedule. Use sample contract Exhibit 1-A, Class A, B, C, four-wheel drive.
Duration This is anticipated to be a two-year contract. There are no other opportunities to bid for this tow contract in the duration of the contract period. Page 1 of 1
FORM A DESCHUTES COUNTY SHERIFF’S OFFICE APPLICATION FOR TOWING
Statement of Qualifications For Placement on Non-Preference Tow List
** Please attach additional pages as necessary.
1. Legal name of business:
2. Mailing address:
3. Business office address (if different):
4. Dispatch service
5. Telephone numbers:
Dispatch
Lot
Fax Number
Emergency Number
Email address
6. Business operates as :
Sole proprietorship SSN# Partnership FEIN # Corporation Other (indicate)
Page 1 of 4 Form A, Application for Towing
7. Tow district(s) applying for:
Zone 2: La Pine Zone 3: Bend Zone 4: Redmond Zone 5: Sisters
Storage facility address:
Additional storage facility address:
Attach proof from applicable city or county Planning Department that the above- mentioned facilities meet all applicable zoning requirements.
8. Attach a list of all equipment to be assigned to these tow areas. Please indicate tow district assigned for each piece of equipment. In your listing include:
a. Equipment type (wheel lift, roll-bed, motorcycle trailer, etc.) b. Class of equipment (A, B, C, four-wheel drive) c. Vehicle Identification Number (VIN) d. License Plate and state of issue e. Vehicle Year f. Make and Model g. Gross Vehicle Weight Rating (GVWR) h. Any vehicle unit number assigned by your company
9. List applicant’s contact person(s) with responsibility for handling Sheriff’s Office or citizen complaints or other communications. Individual named must be available at the applicant’s place of business during normal business hours and have a high degree of familiarity with the Contract.
Contact Name
Telephone Number
10. Attach a copy of the applicant’s registration with the Oregon Corporate Division (required).
11. Is applicant currently towing under the non-preference towing program for the Oregon State Police (OSP)? Yes No
If yes, attach copy of Letter of Appointment issued by OSP.
Page 2 of 4 Form A, Application for Towing
12. Has applicant ever had an OSP Letter of Appointment suspended or revoked by OSP? Yes No
If yes, attach a statement providing the date and basis for the suspension or revocation.
13. Has applicant previously had a towing contract cancelled and/or terminated by any other jurisdiction? Yes No
If yes, attach a statement providing the date, location and basis for the cancellation and/or termination.
14. Has any owner, part-owner, partner, business associate, principal party, officer, director, agent, employee or any other person associated with the applicant’s performance of this Contract previously had a towing contract cancelled and/or terminated by any other jurisdiction? Yes No
If yes, attach a statement providing the date, location and basis for the cancellation and/or termination.
15. Do you have knowledge of any arrests, citations in lieu of custody, charges or convictions during the 15 years prior to this application of any applicant, owner, part-owner, partner, business associate, principal party, officer, director, agent, employee or any other person associated with the applicant’s performance of this Contract or any of the following offenses, including but not limited to: theft, robbery, burglary, assault, drugs, prostitution, sex crimes, weapons, fraud, trafficking of stolen goods or any traffic crimes including but not limited to: driving under the influence of intoxicants, reckless driving, attempt to elude a police officer, driving while suspended or hit and run (failure to perform the duties of a driver)? Yes No
If yes, attach a written description of the circumstances of the arrest, charge or conviction, including the date, location and any other pertinent information.
16. Lien filing procedures:
a. Does the applicant use a lien service? Yes No If so, who? ______b. How are out-of-state vehicles handled? ______c. What records does the applicant maintain regarding vehicles that are liened and sold? ______How long are these records kept? ______
Page 3 of 4 Form A, Application for Towing
d. Location of vehicle auctions, including address of auction lot. Must comply with ORS 87.186. ______e. Attach a copy of the lien notice letter used by the applicant or the applicant’s lien service of choice.
17. Provide a bid for the costs for each type of towing and storage that would be charged to the Sheriff’s Office under this contract. Use the bid worksheets for Exhibit 1-A: Four Wheel Drive, Class A, B, and C.
False information submitted by an applicant shall be considered grounds for rejection or immediate termination of the Deschutes County Services Contract. Therefore, review of this document is an important step prior to signing. Signing of this document certifies that all statements contained herein are true to the best of signer’s knowledge.
I certify that I have reviewed the contents of this application, that all statements contained herein are true to the best of my knowledge, that I am an officer of the below named business, and that I am authorized to sign this document on behalf of the business.
______Legal Name of Applicant
______Signature of Authorized Officer
______Printed name of Authorized Officer
______Title of Officer
______Date of Application
Page 4 of 4 Form A, Application for Towing Form B CRIMINAL RECORDS/DRIVING HISTORY CHECK CONSENT FORM
I understand that the Deschutes County Sheriff’s 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 Sheriff’s Office Tow Contract.
I understand that if I have criminal history related to offenses as listed in Schedule A of the contract, I may not be allowed to perform work under the Deschutes County Sheriff’s Office Tow Contract.
I hereby consent to the criminal history records check and driving records check as described above and authorize the 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 Sheriff’s Office Tow Contract.
Signature of Applicant: ______Date: ______
Tow Company: ______Job Titles (Owner, Driver, etc.): ______
PLEASE PRINT LEGIBLY
Applicant Name: ______(Last) (First) (Middle)
*Date of Birth: ______Driver’s License #/State: ______
* Providing your date of birth is necessary to perform this investigation and is obtained for identification purposes only.
FOR OFFICIAL USE ONLY
Date Received: ______Completed By: ______
Attached: CCH DL Wants Locals
Page 1 of 1 DESCHUTES COUNTY SHERIFF’S OFFICE TOW COMPANY EQUIPMENT FORM
***If the tow company maintains its own list, that list may be submitted in lieu of this form
Tow Company: ______
Vehicle #1
Make: Model: Year: _____ Unit #: ______
Type/Description : ______Plate #: ______
VIN #: __ GVWR: Tow Class : ______
Vehicle #2
Make: Model: Year: _____ Unit #: ______
Type/Description: ______Plate #: ______
VIN #: __ GVWR: Tow Class : ______
Vehicle #3
Make: Model: Year: _____ Unit #: ______
Type/Description: ______Plate #: ______
VIN #: __ GVWR: Tow Class : ______
Vehicle #4
Make: Model: Year: _____ Unit #: ______
Type/Description: ______Plate #: ______
VIN #: __ GVWR: Tow Class : ______
1
Vehicle #5
Make: Model: Year: _____ Unit #: ______
Type/Description: ______Plate #: ______
VIN #: __ GVWR: Tow Class : ______
Vehicle #6
Make: Model: Year: _____ Unit #: ______
Type/Description: ______Plate #: ______
VIN #: __ GVWR: Tow Class : ______
Vehicle #7
Make: Model: Year: _____ Unit #: ______
Type/Description: ______Plate #: ______
VIN #: __ GVWR: Tow Class : ______
Vehicle #8
Make: Model: Year: _____ Unit #: ______
Type/Description: ______Plate #: ______
VIN #: __ GVWR: Tow Class : ______
Vehicle #9
Make: Model: Year: _____ Unit #: ______
Type/Description: ______Plate #: ______
VIN #: __ GVWR: Tow Class : ______
2
Vehicle #10
Make: Model: Year: _____ Unit #: ______
Type/Description: ______Plate #: ______
VIN #: __ GVWR: Tow Class : ______
Vehicle #11
Make: Model: Year: _____ Unit #: ______
Type/Description: ______Plate #: ______
VIN #: __ GVWR: Tow Class : ______
Vehicle #12
Make: Model: Year: _____ Unit #: ______
Type/Description: ______Plate #: ______
VIN #: __ GVWR: Tow Class : ______
Vehicle #13
Make: Model: Year: _____ Unit #: ______
Type/Description: ______Plate #: ______
VIN #: __ GVWR: Tow Class : ______
Vehicle #14
Make: Model: Year: _____ Unit #: ______
Type/Description: ______Plate #: ______
VIN #: __ GVWR: Tow Class : ______
3
REVIEWED ______SHERIFF’S OFFICE LEGAL COUNSEL
DESCHUTES COUNTY SERVICES CONTRACT CONTRACT NO. 2020-
This Contract is between DESCHUTES COUNTY, a political subdivision, acting by and through the Sheriff’s Office (County) and ______(Contractor). The parties agree as follows:
Effective Date and Termination Date. The effective date of this Contract shall be January 1, 2021 or the date on which each party has signed this Contract, whichever is later. 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, 2018, whichever date occurs last. Contract termination 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. County agrees to pay Contractor in accordance with Exhibit 1. Contract Documents. This Contract includes Page 1-7 and Exhibits 1, 1-A, 1-B, 1-C, 1-D, 1-E, 1-F, 2, 2-A, 3, 4, 5, 6 & Schedule A.
CONTRACTOR DATA AND SIGNATURE Contractor Address: Federal Tax ID# or Social Security #:______Is Contractor a nonresident alien? Yes No Business Designation (check one): Sole Proprietorship Partnership Corporation-for profit 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 ______Name (please print) Date SAMPLEDESCHUTES 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 $150,000 are not valid and not binding on the County until signed by the County Administrator or the Board of County Commissioners.
Dated this ______of ______, 2020 Dated this ______of ______, 2020
DESCHUTES COUNTY SHERIFF’S OFFICE COUNTY ADMINISTRATOR
______L. Shane Nelson, Sheriff ______Tom Anderson, County Administrator ______Paul Garrison, Captain
Page 1 of 49 Non-Preference Tow Contract 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 ContractSAMPLE 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. 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.
Page 2 of 49 Non-Preference Tow Contract 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 providedSAMPLE 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 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 Page 3 of 49 Non-Preference Tow Contract 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 orSAMPLE 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. 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.
Page 4 of 49 Non-Preference Tow Contract 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, title, 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.SAMPLE 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 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://tinyurl.com/z38lq8n
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.
Page 5 of 49 Non-Preference Tow Contract 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.
24. Arbitration Required and Attorneys’ Fees. Any dispute or claim that arises out of or that relates to this agreement, or to the interpretation, breach, or default thereof, or to the existence, scope or validity of this agreement or the arbitration agreement, shall be resolved by arbitration in accordance with the then arbitration rules of and by filing a claim with Arbitration Service of Portland, Inc., and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. In the event suit or action is brought, or an arbitration proceeding is initiated, to enforce or interpret any of the provisions of this agreement, or that arise out of or relate to this agreement, the prevailing party shall be entitled to reasonable attorney’s fees in connection therewith. The determination of who is the prevailing party and the amount of the reasonable attorney’s fees to be paid to the prevailing party shall be decided by the arbitrator(s), with respect to attorney’s fees incurred prior to and during the arbitration proceedings, and by the court or courts, including any appellate court, in which such matter is tried, heard, or decided, including a court that hears a request to compel or stay litigation or that hears any exceptions or objections to, or requests to modify, correct, or vacate, an arbitration award submitted to it for confirmation as a judgment.
25. 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 validitySAMPLE 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.
26. 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.
27. 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 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.
Page 6 of 49 Non-Preference Tow Contract 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 To County (Administration) To County: (Legal) Lt. Joe DeLuca Cary Colaianni Deschutes County Sheriff’s Office Deschutes County Sheriff’s Office 63333 Hwy 20 63333 Hwy 20 Bend, OR 97703 Bend, OR 97703 Fax: (541) 389-4454 Fax: (541) 389-4454
28. 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.
29. Identity Theft Protection. Contractor and subcontractors shall comply with the Oregon Consumer Identity Theft Protection Act (ORS 646A.600 et seq.)
30. 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, 20-29 and 31-32.
31. 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.
32. 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 agenciesSAMPLE relative to this Contract. 33. SB 675 (2015) Representation and Covenant. a) Contractor represents and warrants that Contractor has complied with the tax laws of this state, and where applicable, the laws of Deschutes County, including but not limited to ORS 305.620 and ORS chapters 316, 317 and 318. b) Contractor covenants to continue to comply with the tax laws of this state, and where applicable, the laws of Deschutes County, during the term of this contract. c) Contractor acknowledges that failure by Contractor to comply with the tax laws of this state, and where applicable, the laws of Deschutes County, at any time before Contractor has executed the contract or during the term of the contract is and will be deemed a default for which Deschutes County may terminate the contract and seek damages and/or other relief available under the terms of the contract or under applicable law.
Page 7 of 49 Non-Preference Tow Contract 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 Types of Tows – Definitions or at the request of the Sheriff’s Office.
C. Comply with all laws of the Federal Government, the State of Oregon, all applicable rules of the Department of Transportation, the Department of Motor Vehicles (DMV), 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 the Letter of Appointment becomes invalid for any reason, the Contractor shall immediately notify the Sheriff’s Office. An invalid OSP Letter of Appointment may result in Contract termination.
E. Contractors approved for one or more rotational tow lists will be added to the appropriate tow list during the first day of January. Applications will be processed and approved to start towing at 00:01 on January 1st. If a district is without a Contractor during the term of this Contract, the Application Process will be opened and applications will be accepted as needed until the open district is filled.
F. Suspension or termination of this Contract will be at the discretion of the Sheriff’s Office.
G. If Contractor has been suspended or terminated from rotational towing, the Contractor may apply during the application period for the next Contract period. The application will be held until the expiration of the suspension or termination. After the application is processed, if the Contractor meets all requirements, he may enter a Contract and be added to applicable rotational towing lists.
H. Before the Contract becomes effective, the Contractor shall submit to the Sheriff’s Office a completed Form A Application for Towing which contains the following information:
1. 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 Letter of Appointment for the current year. 5. A copy of Contractor’s proofSAMPLE of compliance with applicable zoning regulations. 6. Completed and signed Form B, with required personal information on employees and all owners in order to conduct criminal records checks; and,
7. Any other information the Sheriff’s Office may require.
I. Changes in the above information must be filed with the Sheriff’s 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 Sheriff’s Office at any time to determine compliance or non-compliance with these rules and regulations. Additionally, the Sheriff’s Office shall inspect Contractor’s business office, storage facility and all tow equipment prior to initial placement on the towing roster. Inspections will be conducted during normal business hours.
Page 8 of 49– Exhibit 1 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 separate tow district, the Contractor will have:
1. All required and current information on file with the Sheriff’s 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. A 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.
II. 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 Sheriff’s Office can elevate an abandoned vehicle tow to a Hazard tow if circumstances warrant. Once the vehicle is in the Contractor’s possession, a “Disposition Sheet for 24-hour Abandoned Tow” (Exhibit 1-F) will be completed by the Contractor and faxed to the Sheriff’s Office. The Sheriff’s Office will complete its 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 Sheriff’s 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 tow, excluding Saturdays, Sundays or holidays.
b. Contractor is required to file foreclosures liens for abandoned or hazard vehicle in accordance with ORS 87.152, 819.160 and 819.215.
c. Contractor will keep records of transactions conducted under a. and b. for a minimum of three years.
2. “Disabled motorist tow” – A citizen entitled to possession may request a vehicle be towed due to its inoperable state. The vehicle mustSAMPLE not constitute a hazard and the citizen will remain with the vehicle until the tow company arrives. The owner may call the Contractor directly or he can ask the Sheriff’s Office to request the tow on his behalf. The Contractor will respond to the tow within one hour. The Sheriff’s Office will not wait for the Contractor to arrive.
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, he may request a specific tow company or the Sheriff’s Office will request a Hazard Vehicle Tow. Response time is 30 minutes. These tows do not require a Sheriff’s Office release.
4. “Impounded vehicle” – A vehicle that is towed pursuant to ORS 809.720. Response time is 30 minutes. These tows require a Sheriff’s Office release.
5. “Motor Vehicle Accident (MVA)” – A vehicle involved in an accident and the Sheriff’s Office makes the request for the tow. Response time is 30 minutes. These tows do not require a Sheriff’s Office release.
Page 9 of 49– Exhibit 1 6. “Recovered stolen vehicle” – A vehicle reported as stolen by a person entitled to possession that has been recovered by the Sheriff’s Office. Response time is 30 minutes. These tows require a Sheriff’s Office release.
7. “Safekeeping” – Any vehicle towed at the request of the Sheriff’s Office when a person 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. Response time is 30 minutes. These tows require a Sheriff’s 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 implementation by OSP, the mandatory equipment standards shall be incorporated and adopted under this Contract and supersede any prior requirements listed in Exhibit 1-B.
B. Contractor shall allow inspection by the Sheriff’s Office at any time. If it is determined that any equipment is deemed out of compliance, the Sheriff’s Office will place equipment out of service until equipment has been repaired and reinstated by the Sheriff’s Office.
C. Maintain a minimum of two operable tow trucks in assigned tow zone. Contractor shall not share tow trucks with another towing company.
D. Prior to the use of any new equipment, the Contractor will provide the Sheriff’s Office with the license number, vehicle identification number (VIN), vehicle make, year, equipment identification, and equipment type.
E. Contractor will paint or permanently display the business name, city, and telephone number on both sides of its vehicles.
F. Contractor will retain all equipment, maintenance and inspection records for three years.
IV. FACILITIES
A. Provide the Sheriff’s Office with proof from the applicable city or county Planning Department that Contractor has complied with all applicable zoning regulations.
B. The storage facility must comply with all applicable City and/or County zoning requirements, building codes and land use requirements.
C. Provide secure storage of all vehicles as follows:
1. A structure or enclosure designed, constructed, furnished and maintained to create a physical deterrence to unauthorized entry or removal of stored vehicles or their contents, with special consideration given 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 other businesses, including other businesses owned by the tow business owner(s).SAMPLE
2. Fencing around the storage area at least six (6) feet high and topped by a minimum of three strands of barbed wire, in compliance with all local zoning rules and regulations. Fencing shall be made of either 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, free of holes or weak spots, which will prevent access and unauthorized entry to the storage area. If Contractor is unable to comply with the fencing requirements due to local zoning requirements, Contractor shall notify the Sheriff’s 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.
a. Gates and entryways will be constructed of a solid frame and the same height as the fence. All gates and entryways shall be designed to prevent unauthorized entry.
D. The storage facility must have a sign posted in a location clearly visible to the public with the following information:
1. Tow business name 2. 24-hour telephone number Page 10 of 49– Exhibit 1 3. Regular business hours
E. Storage lots and buildings will be free of debris, refuse, animal waste, standing water and oil at all times. From the front of the business, stored or disabled vehicles contained within the storage area will be shielded from view, within reason.
F. Customer reception area will be free of debris, easily accessible and with a well-lit counter space. The 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 Sheriff’s Office with the physical and mailing addresses of the business office and storage facility. If Contractor moves its 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 who is accessible by telephone 24 hours a day, seven days a week. Contractor must provide this telephone number to the Sheriff’s Office. If the number changes or is temporarily out of service, the Sheriff’s Office and tow desk dispatch service must be notified immediately of the new number.
3. A working fax machine in good condition, fully supplied and ready to receive and transmit. Lack of ability to receive faxes does not excuse the Contractor from completing an abandoned vehicle tow order on a timely basis. Contractor must provide the fax number to the Sheriff’s Office. If the fax number changes or is temporarily out of service, Contractor must immediately notify the Sheriff’s Office of the new number.
I. Contractor will retain facilities inspection records for three years.
V. PERSONNEL
A. Contractor shall keep a current annual drug-screening test for each employee performing towing services under this Contract. These records shall be available for inspection by the Sheriff’s Office during normal business hours.
B. The Sheriff’s 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 Sheriff’s Office policy for records checks and Schedule A: Criminal Records Check Procedures.
1. The Contractor shall submit the original Form B: Criminal Records/Driving History Check Consent Form to the Sheriff’s Office for each new employee within 72 hours of employment, not including Saturdays, Sundays and holidays.
A Contractor may also SAMPLEsubmit Form B prior to employment for a criminal/driving background check prior to hiring. Any owner, part-owner, partner, principal party, officer, agent, employee or any other person will be considered to have passed the criminal records check unless the Sheriff’s Office notifies the Contractor.
If an employee does not pass the criminal records check, the Contractor must inform the employee by the end of that day that he may no longer perform any work related to the rotation list for the Sheriff’s Office. Consequently, if the Sheriff’s Office does not have a signed Form B within 72 hours of an employee’s hire date, excluding Saturdays, Sundays and holidays, the employee will not be allowed to perform any work related to this Contract.
2. An original Form A, as required in Exhibit 6, the confidentiality agreement, must be submitted to the Sheriff’s Office within 72 hours of an employee’s hire date, excluding Saturdays, Sundays or holidays, in order to be allowed to perform any work related to this Contract.
C. Tow company employees may work for only one tow company at a time, unless the tow company has obtained written approval from the Sheriff’s Office.
Page 11 of 49– Exhibit 1 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 Sheriff’s Office within 72 hours, excluding Saturdays, Sundays or holidays. Offenses that need to be reported are listed in Schedule A: Criminal Records Check Procedures. If convicted the employee will no longer be allowed to work under this contract.
E. The Sheriff’s Office may consider the citation, arrest, charge, conviction or sentencing of any owners in determining appropriate sanctions or remedies under this Contract. Sanctions may include termination of the Contract. The Sheriff’s Office may reject future applications for towing based upon criminal history.
F. Driver’s DMV records for the three-year period before the date of their application will show no more than three of any combination of traffic infractions, violations or motor vehicle accidents, as defined in Oregon State law.
G. Contractor shall notify the Sheriff’s Office of any vehicle accident during the performance of this Contract which is required to be reported by Oregon State law (ORS 811). Notification shall be in writing to the Sheriff’s Office within 72 hours, excluding Saturday, Sunday or holidays. The Sheriff’s Office may consider the accident and any surrounding circumstances during review of future applications for towing, or in determining appropriate sanctions or remedies under this Contract. The Sheriff’s Office may deny future applications based on a Contractor’s accident history.
H. For tow truck drivers, the Sheriff’s Office will issue identification cards (ID cards) with a unique driver number assigned to each employee. Law enforcement personnel may request to see an ID card 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 ID card within 30 days of their hire date with a Contractor. Until the ID card is issued, law enforcement personnel may request to see a driver’s license issued by the DMV as a way of identifying the tow truck driver. Additionally, the Sheriff’s Office 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 ID that was issued and return it to the Sheriff’s Office within two business days. Failure to return the ID within two business days may constitute a Contract violation and the Sheriff’s Office will institute disciplinary action.
2. The Sheriff’s Office reserves the right to charge a nominal fee for replacement cards.
3. If a driver uses another’s Sheriff’s Office identification or Sheriff’s 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.
I. All other employees who will be performing services under this Contract will be issued unique ID numbers to be used while performing work related to this Contract. The Sheriff’s Office will provide these numbers to a Contractor representative upon notification of employment.
J. Contractor shall notify the Sheriff’s Office, in writing, of any changes in owners, employees, or any others who may affect performance of duties related to this Contract. Contractor shall notify the Sheriff’s Office within 72 hours, excluding Saturdays, Sundays or holidays. All information required in the initial application shall be provided for any new person(s). SAMPLE
VI. OPERATIONS
A. The Sheriff’s Office will submit the rotation list to the tow desk service to establish regular rotations, abandoned vehicle rotations and disabled motorist 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. Disabled motorist rotation – Evenly dispatching requests for non-preference tows dispatched at the request of a citizen.
Page 12 of 49– Exhibit 1 4. Special rotation – Evenly dispatching tow requests for specialized equipment including Class B tow trucks, Class C tow trucks and four-wheel drive vehicles.
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 one-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.
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 Sheriff’s 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.
If asked to expedite, the Contractor will, if possible, treat the request as a priority but obey all traffic laws while responding to the tow scene.
E. Contractor will be responsible for safely securing vehicles or loads if in danger of falling, spilling, tipping or otherwise upsetting. While removing a wrecked or damaged vehicle, Contractor will also remove any glass or other injurious substance droppedSAMPLE on the highway from the wrecked or damaged vehicle per ORS 822.
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, safekeeping and recovered stolen vehicles require a release from the Sheriff’s Office. See Exhibit 1-D Sheriff’s Office Vehicle Release Requirements.
I. Contractor agrees to assume legal responsibility for and to exercise reasonable care to protect stored vehicle and the personal effects from vandalism, theft or burglary, 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.
Page 13 of 49– Exhibit 1 K. Contractor may remove personal effects from a vehicle and place them into secured storage to protect 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 strictly follow 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 Sheriff’s Office release when placing a lien on a vehicle that has not been retrieved, but should notify the Sheriff’s Office of final disposition as required in Exhibit 1-E.
P. Unless a vehicle is subject to a Sheriff’s Office hold:
1. Contractor shall assist a person entitled to possession by retrieving ownership documents or identification from a towed vehicle or by accompanying the person entitled to possession while he or she retrieves documents from a towed vehicle.
2. Contractor shall allow a person entitled to possession, to access a towed vehicle for removal of personal effects pursuant to ORS 819.160.
3. Contractor shall allow the person(s) entitled to possession, to access a towed vehicle for the purposes of inspecting and/or documenting its condition at any time 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 Sheriff’s Office hold, Contractor will release the following personal property to the person entitled to possession:
1. Items pertaining to health, welfare and tools of the trade. Items include, but are 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. SAMPLE a. Contractor will release tools of the trade after receiving a letter from an employer or upon receiving a copy of a current business license or current registration with the Oregon Secretary of State.
S. During regular business hours, Contractor should immediately provide a person entitled to possession information regarding the release of a vehicle, including towing and storage charges. If the information is not immediately available, Contractor will provide the information within 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 Sheriff’s Office, such as in the following situations:
1. A person 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 entitled to possession of a vehicle at the storage facility to redeem the vehicle, Contract shall uphold the agreed upon meeting time.
Page 14 of 49– Exhibit 1 a. A telephone request by a person 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 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 entitled to possession of the vehicle for 30 minutes after the appointed time. Contractor will be readily available by telephone during this time in case the person needs further directions to locate the storage facility. If a citizen requests an after-hours appointment 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 appointments and Contractor has added tow gate fees, Contractor may refuse any more appointments outside of normal business hours.
W. With 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 a person 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 entitled to possession of the vehicle requests that the vehicle be placed on the public right-of-way, Contractor shall notify the person that the vehicle shall be removed within 24 hours.
X. Contractor shall make the vehicle available to a person entitled to possession of the vehicle for retrieval within one hour of the time of payment, or another time mutually agreed upon.
Y. Contractor shall issue a written receipt (tow invoice) to a person entitled to possession of the vehicle. The receipt will list all payments for towing and storage, gate fees, road service or releases. Contractor shall retain a copy of the receipt for a minimum of three years.
Z. Contractor will maintain the following for a minimum of three years for each towed vehicle:
1. Description of the vehicle, including vehicle identification number (VIN) and license plate.
2. Owner of vehicle, if known.
3. Location and address 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 conditionSAMPLE 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. Each quarter the Contractor shall notify the Sheriff’s Office of all vehicles released and the method of release by using a form approved by the Sheriff’s Office (See Exhibit 1-E: Vehicle Disposition Sheet). 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 819.480.
BB. Contractor shall 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.
Page 15 of 49– Exhibit 1 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 the 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 but shall immediately inform the contracted tow desk dispatch service as to the reason. Contractor will also call non-emergency dispatch at (541) 693-6911, if, after accepting a call, they cannot arrive within 30 minutes.
Failure to call non-emergency dispatch or be at the service location within 30 minutes will mean that the Contractor will be passed over at its next rotation. Passes on tow requests will be recorded by the tow desk 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 10 percent of overall tows for a calendar month.
FF. If the Contractor is expecting to be out of service for more than one day, Contractor must notify the tow desk dispatch service and the Sheriff’s Office. Out of service is defined as, 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 tow desk dispatch service and the Sheriff’s Office when he is able to resume normal business operations. If the Sheriff’s Office believes these incidents have 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 it is able to resume normal business operations.
GG. Contractor will immediately inform tow desk dispatch service whether an appropriate vehicle is available when Contractor or Contractor’s answering service receives a call for service under this Contract from the tow desk service. If Contractor does not have an appropriate vehicle available immediately or does not know if one is available, the tow desk dispatch service 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 Sheriff’s Office shall adjust Exhibit 1-A, Rate Schedule to reflect any increase in excess of 3% in the Portland-Salem 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 Sheriff’s 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.SAMPLE 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 Sheriff’s Office or other law enforcement officials release the vehicle for tow. Recovery time begins when the tow truck arrives at the 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 E, above.
Page 16 of 49– Exhibit 1 8. The tow desk service 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 a person entitled to possession of a vehicle or to 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 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.
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) 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 Sheriff’s 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. For all tows, Contractor will charge at a rate not to exceed the rates established by the Sheriff Office.
19. If a person entitled to possession returns to take a vehicle after the Contractor arrives on scene to remove it, Contractor may assess the applicable tow fee before releasing the vehicle. This does not include vehicles that require a Sheriff’s Office release. Contractor is required to notify non-emergency dispatch 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 Sheriff’s Office.SAMPLE The Sheriff’s Office will pay the charges to which the Contractor is entitled.
Page 17 of 49– Exhibit 1 EXHIBIT 1-A RATE SCHEDULE Four-wheel Drive Disabled Recovered Type of Service Accident Impounded Hazard Abandoned Safekeeping Motorist Stolen Hook-up (1 hr minimum at $260, $65 each 15 minutes thereafter from time truck leaves tow yard until truck returns) $ $ $ $ $ $ $ Additional trucks required, from time truck leaves tow yard until truck returns (1 hr minimum at $104, $26 each 15 minutes thereafter) $ $ $ $ $ $ $ Mileage included included included included included included included Drive-line removal included included included included included included included Clean-up per 15 minutes (after initial 15 minutes at scene) included included included included included included included Recovery / Winching (per 15 minutes after 1st hour) included included included included included included included Stand-by time (per 15 minutes after 1st hour) included included included included included included included Incident Commander / Supervisor required on scene (1 hr minimum at $104, $26 each 15 minutes thereafter) $ $ $ $ $ $ $ Dispatch, applies to all calls $ $ $ $ $ $ $ Drive-line re-install (rated by class of vehicle) $ $ $ $ $ $ $ After hours gate fee $ $ $ $ $ $ $ Storage (rated by class of vehicle), per calendar day 0 0 0 0 0 0 0 Storage (rated by class of vehicle), per calendar day 0 0 0 0 0 0 0 Hazmat (fluid spill or leaking fluids: oil, antifreeze, etc.) $ $ $ $ $ $ $
SAMPLEPage 18 of 49 Non-Preference Tow Contract EXHIBIT 1-A RATE SCHEDULE Class "A" Disabled Recovered Type of Service Accident Impounded Hazard Abandoned Safekeeping Motorist Stolen Service call (flat tire, jump start, lockout, fuel deliver & fuel @ $5.00 per gallon) $ $ $ $ $ $ $ Service Call Mileage: $3.00 per mile Enroute $ $ $ $ $ $ $ Hook-up $ $ $ $ $ $ $ Mileage (actual miles towed) $ $ $ $ $ $ $ Dispatch - applies to all calls $ $ $ $ $ $ $ Additional Truck or Operator Required (1 hr minimum at $64, $16 each 15 minutes thereafter $ $ $ $ $ $ $ Oversized Vehice Fee (GVWR of 10,000 to 14,999 lbs.) $ $ $ $ $ $ $ Dolly $ $ $ $ $ $ $ Flatbed requested by officer or registered owner or required to get drive wheels off the ground, is lowered, has no wheels, etc $ $ $ $ $ $ $ Motorcycle hook-up (greater than 48" wheel base) $ $ $ $ $ $ $ Drive-line removal $ $ $ $ $ $ $ Drive-line re-install $ $ $ $ $ $ $ Recovery/Winching billed at $26 each 15 minutes $ $ $ $ $ $ $ Stand-by time per hour, billed at $11 each 15 minutes $ $ $ $ $ $ $ Clean-up billed at $16 each 15 minutes (after initial 15 minutes at scene) $ $ $ $ $ $ $ After hours gate fee $ $ $ $ $ $ $ Traffic Control/Labor (only at request of Sheriff's Office or ODOT, billed at $26 each 15 minutes) $ $ $ $ $ $ $ Storage (outside) per calendar day $ $ $ $ $ $ $ Storage (inside) at officer or registered owner request per calendar day $ $ $ $ $ $ $ Hazmat (fluid spill or leaking fluids: oil, antifreeze, etc.) $ SAMPLE$ $ $ $ $ $
Page 19 of 49 Non-Preference Tow Contract EXHIBIT 1-A RATE SCHEDULE Class "B" Disabled Recovered Type of Service Accident Impounded Hazard Abandoned Safekeeping Motorist Stolen Hook-up and tow, from time truck leaves tow yard until truck returns (1 hr minimum at $208, $52 each 15 minutes after 1st hour) $ $ $ $ $ $ $
Additional trucks required, from time truck leaves tow yard until truck returns (1 hr minimum at $208, $52 each 15 minutes after 1st hour) $ $ $ $ $ $ $ Mileage included included included included included included included Drive-line removal included included included included included included included Recovery / Winching (per 15-minutes after 1st hour) included included included included included included included Stand-by time (per 15 minutes after 1st hour) included included included included included included included Clean-up per 15 minutes (after initial 15 minutes at scene) included included included included included included included
Incident Commander/Supervisor required on scene (1 hr minimum at $104, $26 each 15 minutes after 1st hour) $ $ $ $ $ $ $ Unskilled labor for clean-up, etc. (minimum 1 hr at $42 for each laborer. $21 each laborer for each additional 15-30 minute segment) $ $ $ $ $ $ $ Dispatch Fee, applies to all calls $ $ $ $ $ $ $ Drive-line re-install $ $ $ $ $ $ $ After hours gate fee $ $ $ $ $ $ $ Traffic Control, only at request of Sheriff's Office or ODOT (1 hr minimum at $104, $26 each 15 minutes thereafter) $ $ $ $ $ $ $ Flares (each) $ $ $ $ $ $ $ Sublet equipment or consumable supplies Cost+26% Cost+26% Cost+26% Cost+26% Cost+26% Cost+26% Cost+26% Outside Storage (per linear foot=8 ft wide x 1 ft long) bumper to bumper and or cargo, per calendar day $ $ $ $ $ $ $ Inside Storage at Officer or Registered Owner SAMPLE Request, per calendar day $ $ $ $ $ $ $ Hazmat (fluid spill or leaking fluids: oil, antifreeze, etc.) $ $ $ $ $ $ $
Page 20 of 49 Non-Preference Tow Contract EXHIBIT 1-A RATE SCHEDULE Class "C" Disabled Recovered Type of Service Accident Impounded Hazard Abandoned Safekeeping Motorist Stolen Hook-up and tow, from time truck leaves tow yard until truck returns (1 hr minimum at $328, $82 each 15 minutes thereafter) $ $ $ $ $ $ $
Additional trucks required, from time truck leaves tow yard until truck returns (1 hr minimum at $328, $82 each 15 minutes thereafter) $ $ $ $ $ $ $ Mileage included included included included included included included Drive-line removal included included included included included included included Recovery / Winching (per 15 minutes after 1st hour) included included included included included included included Stand-by time (per 15 minutes after 1st hour) included included included included included included included Clean-up per 15 minutes (after initial 15 minutes at scene) included included included included included included included Incident Commander / Supervisor required on scene (1 hr minimum at $110, $27.50 each 15 minutes thereafter) $ $ $ $ $ $ $ Unskilled labor for clean-up, etc. (minimum 1 hr at $50 for each laborer. $25 each laborer for each additional 15-30 minute segment) $ $ $ $ $ $ $ Dispatch Fee, applies to all calls $ $ $ $ $ $ $ Drive-line re-install $ $ $ $ $ $ $ After hours gate fee $ $ $ $ $ $ $ Traffic Control, only at request of Sheriff's Office or ODOT (1 hr minimum at $110, $27.50 each 15 minutes thereafter) $ $ $ $ $ $ $ Flares (each) $ $ $ $ $ $ $ Sublet equipment or consumable supplies Cost+26% Cost+26% Cost+26% Cost+26% Cost+26% Cost+26% Cost+26% Outside Storage (per linear foot=8 ft wide x 1 ft long) bumper to bumper and or cargo, per calendar day $ $ $ $ $ $ $ Inside Storage at Officer or Registered Owner Request, per calendar day $ $ $ $ $ $ $ Hazmat (fluid spill or leaking fluids: oil, SAMPLE antifreeze, etc.) $ $ $ $ $ $ $
Page 21 of 49 Non-Preference Tow Contract Exhibit 1-B
257-050-0200 Mandatory Equipment Standards for Tow Trucks/Safety Related Requirements
(1) All tow vehicles operated by a qualified tow business 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.SAMPLE
(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.
(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.
Page 22 of 49 Non-Preference Tow Contract (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 B 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.
(l) 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 “Oregon Temporary Traffic Control Handbook” (OTTCH) as adopted by OAR 734-020-0005 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;
(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; SAMPLE
(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;
Page 23 of 49 Non-Preference Tow Contract (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);
(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 a qualified tow business has the only "Class C" tow truck in a zone, then the qualified tow business must replace the equipmentSAMPLE 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;
Page 24 of 49 Non-Preference Tow Contract (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:
(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 chassisSAMPLE (three axle truck). (iv) May include wheel lift; and
(v) Air brakes and an air system capable of supplying air to the towed unit.
Statutory/Other Authority: ORS 181.440 Statutes/Other Implemented: ORS 181.440 History: OSP 3-2011, f. & cert. ef. 3-8-11 OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10 OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10 OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10 OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10
Page 25 of 49 Non-Preference Tow Contract OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06 OSP 5-2005, f. & cert. ef. 11-18-05
SAMPLE
Page 26 of 49 Non-Preference Tow Contract COUNTYWIDE TOW ZONES
TERREBONNE
SISTERS
REDMOND Tow Zones
TUMALO BEND LA PINE ALFALFA REDMOND BEND SISTERS
SUNRIVER MILLICAN BROTHERS µ
LA PINE SAMPLE HAMPTON
DISCLAIMER: The information on this map was derived from digital databases on Deschutes County's G.I.S. Care was taken in the creation of this map, but it is provided "as is". Deschutes County cannot accept any responsibility for errors, omissions, or positional accuracy in the digital data or the underlying records. There are no warranties, express or implied, including the Map Date: September 8, 2016 warranty of merchantability or fitness for a particular purpose, accompanying this product. However, notification of any errors will be appreciated. Exhibit 1-C, Non-Preference Tow Contract, Page 1 of 2
Document Path: V:\InfoServices\Projects\Tow zones\TowZone.mxd DESCHUTES COUNTY TOW ZONES
Zone North/South Borders East/West Borders 2 (La Pine) Highway 97 from Cottonwood Deschutes/Lane County line to Road, south to the USFS Road 18 Deschutes/Klamath County line st 3 (Bend) Highway 97 from 61 /Gift Road Innes Market Road/Highway 20 to Cottonwood Road east to Deschutes/Harney County line
Green Lake/Elk Lake/Mt. Bachelor east through Hampton to Deschutes/Harney County line 4 (Redmond) Deschutes/Jefferson County line Highway 126 MP 100 (Dry south to 61st/Gift Road Canyon) to Deschutes/Crook County line 5 (Sisters) Deschutes/Jefferson County line Deschutes/Lane/Linn County south to Three Creek Lakes area lines to Innes Market Road/Highway 20
Deschutes/Lane/Linn County lines to Highway 126 MP 100 SAMPLE(Dry Canyon)
Exhibit 1-C, Non-Preference Tow Contract, Page 2 of 2 Exhibit 1-D
Deschutes County Sheriff’s Office Vehicle Release Requirements
Law Documents Required Release Enforcement for Law Enforcement Type of Tow Required? Fee Release Abandoned No N/A NA Hazard No N/A NA Motor Vehicle Crash No N/A NA Recovered Stolen Yes NA Determined by agency (Case by Vehicle Case basis) Yes FEE 1. Proof of ownership (Vehicle (Respective to Registration) agency, determined 2. Proof of current insurance Impounded Vehicle by fee schedule) 3. Valid Driver’s License
Safekeeping Yes NA Determined by agency (Case by Case basis) SAMPLE
Exhibit 1-D, DCSO Non-Preference Tow Contract EXHIBIT 1-E
TOW COMPANY: MONTH:
Case # Year Make Model License # VIN # Color Appraisal Disposition/Date Amount
SAMPLE
Page 1 of 1 Vehicle Disposition Sheet Exhibit 1-E Exhibit 1-F
DESCHUTES COUNTY SHERIFF’S OFFICE 63333 West Highway 20, Bend, OR 97703 Phone: (541) 388-6655 FAX: (541) 389-1928
***DISPOSITION SHEET FOR 24- HOUR ABANDONED TOW***
To:DCSO Civil Division Fax: (541) 389-1928
Vehicle License Plate: State: VIN:
Year: Make: Model: Color:
Location:
• 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) 389SAMPLE-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: SAMPLE Lienholder:
Physical Address:
City/State/Zip:
Mailing Address:
City/State/Zip:
Vehicle flagged as sold: 10 Dealer # 11 49
Page 2 of 2 Exhibit 1-F EXHIBIT 2 DESCHUTES COUNTY SERVICES CONTRACT Contract No. 2020- 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
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. Worker’s Compensation Insurance to cover claims made under Worker’s Compensation, disability benefit or any other employee benefit laws, including statutory limits in any state of operation with Coverage B Employer’s Liability coverage all at the statutory limits. In the absence of statutory limits the limits of said Employers liability coverage shall be not less than $1,000,000 each accident, disease and each employee. This insurance must be endorsed with a waiver of subrogation endorsement, waiving the insured’s right of subrogation against County.
Professional Liability insurance with an occurrence combined single limit of not less than: Per Occurrence limit Annual Aggregate limit
$1,000,000 $2,000,000 $2,000,000 $3,000,000 $3,000,000 $5,000,000 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 the contract work 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
$1,000,000 $2,000,000 $2,000,000 $3,000,000 $3,000,000 $5,000,000
Commercial General Liability insurance includes coverage for personal injury, bodily injury, advertising injury, property damage, premises, operations, products, completed operations and contractual liability. The insurance coverages provided for herein must be endorsed as primary and non-contributory to any insurance of County, its officers, employees or agents. Each such policy obtained by Contractor shall provide that the insurer shall defend any suit against the named insured and the additional insureds, their officers,SAMPLE agents, or employees, even if such suit is frivolous or fraudulent. Such insurance shall provide County with the right, but not the obligation, to engage its own attorney for the purpose of defending any legal action against County, its officers, agents, or employees, and that Contractor shall indemnify County for costs and expenses, including reasonable attorneys’ fees, incurred or arising out of the defense of such action.
The policy shall be endorsed to 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. The additional insurance protection shall extend equal protection to County as to Contractor or subcontractors and shall not be limited to vicarious liability only or any similar limitation. To the extent any aspect of this Paragraph shall be deemed unenforceable, then the additional insurance protection to County shall be narrowed to the maximum amount of protection allowed by law.
Required by County Not required by County (One box must be checked)
Page 33 of 49– Exhibit 2 Automobile Liability insurance with a combined single limit of not less than:
Per Occurrence $500,000 $1,000,000 $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.
Required by County Not required by County (one box must be checked)
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. Contractor shall notify the County in writing at least 30 days in advance of any cancellation, termination, material change, or reduction of limits of the insurance coverage. The Certificate shall also state the deductible or, if applicable, the self-insured retention level. Contractor shall be responsible for any deductible or self-insured retention. If requested, complete copies of insurance policies shall be provided to the County.
Risk Management review
______
SAMPLE
Page 34 of 49– Exhibit 2 Exhibit 2-A Oregon Administrative Rule 257-050-0070 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 or Other Equipment under this classification: $50,000 Class D-B or Other Equipment under this classification: $75,000 Class D-C or Other Equipment under this classification: $200,000
Cargo insurance in the amount of: Class A $50,000 Class B $100,000 Class C $200,000 Class D-A or Other Equipment under this classification: $50,000 Class D-B or Other Equipment under this classification: $100,000 Class D-C or Other Equipment under this classification: $200,000
SAMPLE
Page 35 of 49 Non-Preference Tow Contract 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 IS A 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 IS A 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. ____ D. I have the authority SAMPLEto 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 36 of 49 – Exhibit 3 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.
______Contractor Signature Date
SAMPLE
Page 37 of 49 – Exhibit 3 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):
SOLE 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. SAMPLE
______Contractor Printed Name Contractor Signature
______Contractor Title Date
Page 38 of 49 – Exhibit 4 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 Contractor's failure to comply with the terms of this certification. 3. Contractor understands that, if SAMPLEthis 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 39 of 49 – Exhibit 5 Exhibit 6
FORM A DESCHUTES COUNTY SHERIFF’S OFFICE CONFIDENTIALITY AGREEMENT
I understand and agree that:
1. On or about , 2020, TOWING COMPANY signed a contract to provide vehicle towing and storage services to the Deschutes County Sheriff’s Office. Exhibit 1, Section V Personnel, B 2, 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 TOWING COMPANY, 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’s Office 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 Contract 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 TOWING COMPANY 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 TOWING COMPANY, and that disclosure of law enforcement information in violation of this Confidentiality Agreement may result in a decision as to whether TOWING COMPANY may be allowed to perform work under the Deschutes County Sheriff’s Office tow contract.
5. I will report at once to my immediate supervisor and the Deschutes County Sheriff’s Office if I am cited, arrested, charged, convicted or sentenced for any criminal offense. Failure to report may result in a decision as to whether TOWING COMPANY may be allowed to perform work under the Deschutes County Sheriff’s Office tow contract.
6. As an owner, part-owner, partner, principal party, officer or agent, I agree to report at once to the Deschutes County Sheriff’s Office if I am cited, arrested, charged, convicted or sentenced for any criminal offense. Failure to report may result in a decision as to whether TOWING COMPANY may be allowed to perform work under theSAMPLE Deschutes County Sheriff’s Office tow contract. 7. I understand that 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 Signature Date
Tow Firm Authorized Signature Date
Page 1 of 1 Confidentiality Agreement Schedule A Criminal Records Check Procedures
I. DEFINITIONS
1. “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 one of two processes undertaken 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); and
B. A nationwide check of federal criminal offender information conducted through the use of the National Crime Information Center (NCIC) maintained by the Federal Bureau of Investigation, in accordance with the rules adopted and procedures established by the Federal Bureau of Investigation (NCIC Criminal Records Check).
3. "False Statement" means that a subject individual either provided the Sheriff’s 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
1. The Sheriff’s Office shall approve any owner, part-owner, partner, principal party, officer, agent, or employee on a preliminary basis if the Sheriff’s Office has no reason to believe that the subject individual has made a false statement and the information available to the Sheriff’s 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 under Sections IV, V and VI;
C. Is being investigated for, or has an outstanding warrant for a crime listed under Sections SAMPLEIV, 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
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 Sheriff’s Office discloses one or more of the circumstances identified in Section II Criminal Records Check Process, 1, A-F, the
Page 1 of 9 Schedule A Sheriff’s 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 Sheriff’s Office, the State, or members of the public.
3. In making a determination about any owner, part-owner, partner, principal party, officer, agent, or employee, the Sheriff’s Office shall consider the factors in Section II Criminal Records Check Process, 1, A-F in relation to information provided from 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, the Sheriff’s 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 Sheriff’s 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.
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 subsectionSAMPLE (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).
3. The likelihood of a repetition of offenses or of the commission of another crime.
4. The subsequent commission of another crime listed in Section II Criminal Records Check Process, 1, A-F.
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.
Page 2 of 9 Schedule A 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 in Section II Criminal Records Check Process, 1, A-F, 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 Section II Criminal Records Check Process, 1, A-F.
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.
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 Sheriff’s Office shall approve any owner, part-owner, partner, principal party, officer, agent,SAMPLE or employee if the information described in sections (A) and (B) shows: 1. 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 Sheriff’s Office Form B – Criminal Records Check.
B. 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.
Page 3 of 9 Schedule A 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.
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 in Section II (3), the Sheriff’s 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 Sheriff’s Office, the State, or members of the public, the Sheriff’s 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.
A. 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 Sheriff’s 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 162.015 Bribe giving 2. ORS 162.025 Bribe receiving 3. ORS 162.065 Perjury 4. ORS 162.235 Obstructing governmental or judicial administration 5. ORS 162.305 Tampering with public records 6. ORS 162.325 Hindering prosecution 7. ORS 162.405 Official misconduct II 8. ORS 162.415 Official misconduct I 9. ORS 162.425 Misuse of confidential information 10. ORS 1636A.040 Failure to report as sex offender 11. ORS 163.005 Criminal homicide 12. ORS 163.095 AggravatedSAMPLE murder 13. ORS 163.115 Murder 14. ORS 163.118 Manslaughter I 15. ORS 163.125 Manslaughter II 16. ORS 163.145 Criminally negligent homicide 17. ORS 163.160 Assault IV 18. ORS 163.165 Assault III 19. ORS 163.175 Assault II 20. ORS 163.185 Assault I 21. ORS 163.187 Strangulation 22. ORS 163.190 Menacing 23. ORS 163.200 Criminal mistreatment II 24. ORS 163.205 Criminal mistreatment I 25. ORS 163.207 Female genital mutilation
Page 4 of 9 Schedule A 26. ORS 163.208 Assault of Public Safety Officer 27. ORS 163.213 Unlawful use of an electrical stun gun, tear gas, or mace I 28. ORS 163.225 Kidnapping II 29. ORS 163.235 Kidnapping I 30. ORS 163.257 Custodial interference I 31. ORS 163.275 Coercion 32. ORS 163.355 Rape III 33. ORS 163.365 Rape II 34. ORS 163.375 Rape I 35. ORS 163.385 Sodomy III 36. ORS 163.395 Sodomy II 37. ORS 163.405 Sodomy I 38. ORS 163.408 Unlawful Sexual penetration II 39. ORS 163.411 Unlawful Sexual penetration I 40. ORS 163.415 Sexual abuse III 41. ORS 163.425 Sexual abuse II 42. ORS 163.427 Sexual abuse I 43. ORS 163.435 Contributing to the sexual delinquency of a minor 44. ORS 163.452 Custodial sexual misconduct I 45. ORS 163.454 Custodial sexual misconduct II 46. ORS 163.465 Public indecency 47. ORS 163.515 Bigamy 48. ORS 163.525 Incest 49. ORS 163.535 Abandonment of a child 50. ORS 163.537 Buying or selling a person under 18 years of age 51. ORS 163.545 Child neglect II 52. ORS 163.547 Child neglect I 53. ORS 163.555 Criminal nonsupport 54. ORS 163.575 Endangering the welfare of a minor 55. ORS 163.670 Using child in display of sexually explicit conduct 56. ORS 163.684 Encouraging child sexual abuse I 57. ORS 163.686 Encouraging child sexual abuse II 58. ORS 163.687 Encouraging child sexual abuse III 59. ORS 163.688 Possession of materials depicting sexually explicit conduct of a child I 60. ORS 163.689 Possession of materials depicting sexually explicit conduct of a child II 61. ORS 163.693 Failure to report child pornography 62. ORS 163.732 Stalking 63. ORS 164.057 Aggravated theft I 64. ORS 164.075 Theft by extortion 65. ORS 164.085 Theft by deception 66. ORS 164.125 Theft of services 67. ORS 164.162 Mail theft or receipt of stolen mail 68. ORS 164.225 BurglarySAMPLE I 69. ORS 164.325 Arson I 70. ORS 164.377 Computer crime 71. ORS 164.395 Robbery III 72. ORS 164.405 Robbery II 73. ORS 164.415 Robbery I 74. ORS 165.007 Forgery II 75. ORS 165.013 Forgery I 76. ORS 165.017 Criminal possession of a forged instrument II 77. ORS 165.022 Criminal possession of a forged instrument I 78. ORS 165.032 Criminal possession of a forgery device 79. ORS 165.042 Fraudulently obtaining a signature 80. ORS 165.055 Fraudulent use of a credit card 81. ORS 165.080 Falsifying business records
Page 5 of 9 Schedule A 82. ORS 165.095 Misapplication of entrusted property 83. ORS 165.100 Issuing a false financial statement 84. ORS 165.581 Cellular counterfeiting I 85. ORS 165.800 Identity theft 86. ORS 166.005 Treason 87. ORS 166.015 Riot 88. ORS 166.155 Intimidation II 89. ORS 166.165 Intimidation I 90. ORS 166.220 Unlawful use of weapon 91. ORS 166.270 Possession of weapons by certain felons 92. ORS 166.272 Unlawful possession of machine guns, certain short-barreled firearms and firearm silencers 93. ORS 166.275 Possession of weapons by inmates of institutions 94. ORS 166.429 Firearms used in felony 95. ORS 167.012 Promoting prostitution 96. ORS 167.017 Compelling prostitution 97. ORS 167.062 Sadomasochistic abuse or sexual conduct in live show 98. ORS 167.057 Luring a Minor 99. ORS 167.075 Exhibiting an obscene performance to a minor 100. ORS 167.080 Displaying obscene materials to minors 101. ORS 167.262 Adult using minor in commission of controlled substance offense 102. ORS 167.315 Animal abuse II 103. ORS 167.320 Animal abuse I 104. ORS 167.322 Aggravated animal abuse I 105. ORS 167.333 Sexual assault of animal 106. ORS 475.525 Sale of drug paraphernalia prohibited 107. ORS 475.744 Providing hypodermic device to minor prohibited 108. ORS 475.752 Prohibited acts generally (regarding drug crimes) 109. ORS 475.846 Unlawful manufacture of heroin 110. ORS 475.848 Unlawful manufacture of heroin within 1,000 ft. of school 111. ORS 475.850 Unlawful delivery of heroin 112. ORS 475.852 Unlawful delivery of heroin within 1,000 ft. of school 113. ORS 475.854 Unlawful possession of heroin 114. ORS 475.856 Unlawful manufacture of marijuana 115. ORS 475.858 Unlawful manufacture of marijuana within 1,000 ft. of school 116. ORS 475.860 Unlawful delivery of marijuana 117. ORS 475.862 Unlawful delivery of marijuana within 1,000 ft. of school 118. ORS 475.864 Unlawful possession of marijuana 119. ORS 475.866 Unlawful manufacture of 3,4-methylenedioxymethamphetamine 120. ORS 475.868 Unlawful manufacture of 3,4-methylenedioxymethamphetamine within 1,000 ft. of school 121. ORS 475.870 Unlawful delivery of 3,4-methylenedioxymethamphetamine 122. ORS 475.872 UnlawfulSAMPLE delivery of 3,4-methylenedioxymethamphetamine within 1,000 ft. of school 123. ORS 475.874 Unlawful possession of 3,4-methylenedioxymethamphetamine 124. ORS 475.876 Unlawful manufacture of cocaine 125. ORS 475.878 Unlawful manufacture of cocaine within 1,000 ft. of school 126. ORS 475.880 Unlawful delivery of cocaine 127. ORS 475.882 Unlawful delivery of cocaine within 1,000 ft. of school 128. ORS 475.884 Unlawful possession of cocaine 129. ORS 475.886 Unlawful manufacture of methamphetamine 130. ORS 475.888 Unlawful manufacture of methamphetamine within 1,000 ft. of school 131. ORS 475.890 Unlawful delivery of methamphetamine 132. ORS 475.892 Unlawful delivery of methamphetamine within 1,000 ft of school 133. ORS 475.894 Unlawful possession of methamphetamine
Page 6 of 9 Schedule A 134. ORS 475.904 Penalty for manufacture or delivery of controlled substance within 1000 feet of school 135. ORS 475.906 Penalties for distribution to minors 136. ORS 475.908 Causing another person to ingest a controlled substance 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 475.916 Prohibited acts involving records and fraud 140. ORS 475.918 Falsifying drug test results 141. ORS 475.920 Providing drug test falsification equipment 142. ORS 475.967 Possession of precursor substance with intent to manufacture controlled substance 143. ORS 475.975 Unlawful possession & distribution of iodine in its elemental form 144. ORS 475.976 Unlawful possession & distribution of iodine matrix 145. ORS 677.080 Prohibited acts (regarding the practice of medicine) 146. ORS 803.230 Forging, altering or unlawfully producing or using title or registration 147. ORS 811.140 Reckless driving 148. ORS 811.182 Criminal driving while suspended or revoked 149. ORS 811.540 Fleeing or attempting to elude police officer 150. ORS 811.700 Failure to perform duties of driver when property is damaged 151. ORS 811.705 Failure to perform duties of driver to injured persons 152. ORS 813.010 Driving under the influence of intoxicants (DUII) 153. ORS 819.300 Possession of a stolen vehicle 154. Any federal crime 155. Any unclassified felony defined in Oregon Revised Statutes not listed elsewhere in this rule 156. 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 157. Any crime of attempt, solicitation or conspiracy to commit a crime listed in this section pursuant to ORS 161.405, 161.435, or 161.450 158. Any crime based on criminal liability for conduct of another pursuant to ORS 161.155 when the underlying crime is listed in this section 159. 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 Sheriff’s Office 160. 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
V. TEN-YEAR REVIEW CRIMES (If within 10 years of criminal records check by Sheriff’s Office is a basis for denial) 1. ORS 162.075 FalseSAMPLE swearing 2. ORS 162.285 Tampering with a witness 3. ORS 162.295 Tampering with physical evidence 4. ORS 162.315 Resisting arrest 5. ORS 162.355 Simulating legal process 6. ORS 162.365 Criminal impersonation 7. ORS 162.367 Criminal impersonation of peace officer 8. ORS 162.369 Possession of false law enforcement identification card 9. ORS 162.375 Initiating a false report 10. ORS 162.385 Giving false information to police officer for a citation or arrest warrant 11. ORS 163.195 Recklessly endangering another person 12. ORS 163.445 Sexual misconduct 13. ORS 163.750 Violating court's stalking protective order 14. ORS 164.043 Theft III
Page 7 of 9 Schedule A 15. ORS 164.045 Theft II 16. ORS 164.055 Theft I 17. ORS 164.095 Theft by receiving 18. ORS 164.135 Unauthorized use of a vehicle 19. ORS 164.140 Criminal possession of rented or leased personal property 20. ORS 164.215 Burglary II 21. ORS 164.235 Possession of burglar's tools or theft device 22. ORS 164.255 Criminal trespass I 23. ORS 164.265 Criminal trespass while in possession of firearm 24. ORS 164.272 Unlawful entry into motor vehicle 25. ORS 164.315 Arson II 26. ORS 164.335 Reckless burning 27. ORS 164.354 Criminal Mischief II 28. ORS 164.365 Criminal Mischief I 29. ORS 165.037 Criminal simulation 30. ORS 165.065 Negotiating a bad check 31. ORS 165.070 Possessing fraudulent communications device 32. ORS 165.074 Unlawful factoring of payment card transaction 33. ORS 165.577 Cellular counterfeiting III 34. ORS 165.579 Cellular counterfeiting II 35. ORS 166.023 Disorderly conduct I 36. ORS 166.025 Disorderly conduct II 37. ORS 166.065 Harassment 38. ORS 166.190 Pointing firearm at another 39. ORS 166.240 Carrying of concealed weapon 40. ORS 166.250 Unlawful possession of firearms 41. ORS 166.370 Possession of firearms 42. ORS 166.384 Unlawful manufacture of destructive device 43. ORS 167.007 Prostitution 44. ORS 167.222 Frequenting a place where controlled substances are used 45. ORS 471.410 Providing liquor to person under 21 or to intoxicated person; allowing consumption by minor on property 46. ORS 475.900 Commercial drug offense 47. ORS 807.620 Giving false information to police officer 48. Any unclassified misdemeanor defined in Oregon's or any other jurisdiction's statutes and not listed elsewhere in this rule 49. 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 contractor employee, contractor, vendor or volunteer 50. 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 51. Any crime basedSAMPLE on criminal liability for conduct of another pursuant to ORS 161.155, when the underlying crime is listed in this section 52. 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 Sheriff’s Office 53. 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 164.245 Criminal trespass II 2. ORS 164.345 Criminal mischief III 3. ORS 166.090 Telephonic harassment
Page 8 of 9 Schedule A 4. ORS 166.095 Misconduct with emergency telephone calls 5. 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 6. Any crime based on criminal liability for conduct of another pursuant to ORS 161.155, when the underlying crime is listed in this section 7. 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 Sheriff’s Office 8. 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 Sheriff’s Office
VII. EVALUATION BASED ON OREGON LAW
1. 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 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
1. 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
1. Records the Sheriff’s 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 181A.195(11).
2. The Sheriff’s 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 agreementSAMPLE between the Sheriff’s Office and the Oregon Department of State Police.
Page 9 of 9 Schedule A