HomeMy WebLinkAbout1686 - ORDINANCES - 3/15/2006 ORDINANCE NO. 1686
' AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 11.82 TO THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO THE
ESTABLISHMENT OF A CONTRACTUAL PROCESS FOR
THE PROVISION OF POLICE TOW SERVICES.
City Attorney Summary
This ordinance establishes a contractual process for the
provision of tow services initiated or requested by the Police
Department, including the requirement for competitive bids and
the establishment of a citywide rotational dispatch. The
ordinance establishes criteria for the evaluation of proposals,
maximum rates that tow service providers can charge, and a
vehicle towing administrative cost recovery fee that will ensure
the City recovers its full cost for administering police tow
services.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 11.82 is added to the Palm Springs Municipal Code to read:
Chapter 11.82
Police Tow Services Standards
Sections:
11.82.010 Intent and Legislative Purpose.
11.82.020 Findings.
11.82.030 Definitions.
11.82.040 Police Towing Without City Agreement - Prohibited.
11.82.050 Official Police Tow Services Provider- Citywide.
11.82.060 Selection Process.
11.82.070 Police Tow Services Provider Agreement.
11.82.080 Compensation.
11.82.090 Administrative Cost Recovery for Vehicle Towing Fee.
11.82.100 VTACR Fee - Establishment and Payment.
11.82.110 Unpaid Fee or Charge - Civil Debt.
11.82.120 Standards for Tow Truck Equipment.
11.82.130 Standard Rules of Operation.
11.82.140 Response time.
11.82.150 Grounds for Cancellation, Revocation, or Suspension; Procedure.
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Page 2
11.82.010 Intent and Legislative Purpose. '
The purpose of this Chapter purpose is to:
A. Provide the public and the City's police department with prompt, safe, reliable, and
responsive vehicle towing and storage services by:
1. Establishing official police tow services,
2. Timely removal of vehicles which are apparently abandoned, or involved in
an accident, or which constitute an obstruction to traffic,
3. Contracting with private-sector tow companies, and
4. Setting minimum performance standards to ensure quality service;
B. Create a fair and impartial means of distributing requests for towing services among
qualified firms;
C. Ensure that towing services are prompt, reasonably priced, and in the best interest of
the public as well as the interest of efficient policing operations for the removal of vehicles
from public streets; and
D. Establish a fee equal to the City's actual, reasonable administrative costs and expenses
for administering the official police tow services providers' agreement and operating a
towing program on the public's behalf.
11.82.020 Findings. '
The City Council finds, determines, and declares that:
A. The City needs the services of one or more privately-owned tow companies to:
1. Effectively enforce parking and traffic laws;
2. Promptly tow vehicles that are inoperative or involved in a collision; and
3. Expeditiously remove and safely store vehicles that the police department
impounds or holds for investigation, examination, or evidence.
B. The City has enjoyed success in awarding City agreements by using competitive
procedures, delivering high-quality, responsive, and dependable services to the
community. It is now in the City's best interests to award one or more official police tow
services agreements through a competitive process.
C. Establishing a rotational program that allows the City through the City's
communications system to dispatch one or more of the tow contractors on a rotational
basis among tow service providers under tow service agreements with the City:
1. Is sufficient to provide a high level of service at the present time;
2. Contributes to the efficient administration of the City's towing program; '
3. Ensures safe and prompt towing service on an emergency basis; and
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' 4. Assures that an official police tow services provider receives ample income
to adequately maintain equipment, personnel and service levels to the public.
Di. California Vehicle Code Section 12110(b) allows the City to charge a fee for awarding a
private company the special privilege and exclusive right of towing vehicles on the City's
behalf. Under that provision, the City may recover its actual and reasonable administrative
costs related to its operating a towing program.
E. As part of its review of the costs in using private contractors to provide vehicle towing,
storage, and roadside assistance to the public, the City's police department has
determined that in the administration of agreements with private tow companies to provide
public assistance, the City incurs substantial labor costs and administrative expenses,
including, but not limited to:
1. Monitoring the tow company's compliance with the agreement's service
requirements;
2. Notifying the tow company of its non-compliance with an agreement
provision;
3. Enforcing the agreement's terms; and
4. Reviewing and resolving customer service issues.
F. The creation of a uniform and annual vehicle towing fee charged to each towing service
' provider is an appropriate means for recovering the City's costs and expenses for
administering the agreements with the private towing firms, operating the vehicle towing
program, and ensuring that the general public does not shoulder an excess or unfair
burden of paying those costs.
11.82.030 Definitions.
For purposes of this Chapter, the following words and phrases have the meanings
ascribed to them unless the context otherwise requires:
"Administrative cost" means all direct and indirect costs associated with the administration
of the provisions of this Chapter and any agreement entered into pursuant thereto.
"Attendant" or "provider" means a trained and/or qualified individual responsible for the
operation of a tow truck or vehicle storage facility.
"Hearing Officer" means the Chief of Police or a designee of the Chief of Police designated
by the Chief of Police to hear any appeal or conduct a hearing pursuant to the provisions
of this Chapter.
"Non-consensual vehicle towing" means towing service:
1. Ordered or requested by the City's police department or other City
employees who are duly authorized by law to remove, impound, or store vehicles;
or
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2. Done without the vehicle owner's or operator's knowledge, consent, or
authorization, regardless of whether the vehicle is on public or private property. '
Examples include, but are not limited to, a vehicle for which registration is at least
six months past due, or a vehicle driven by persons who are not licensed for that
particular class of vehicle, or when an owner or an operator:
a. Is arrested, detained, incapacitated, or physically unable to drive the
vehicle, or
b. Fails to either designate or express a preference for a particular towing
company.
"Official police tow services provider" means a towing company having a contractual
relationship with the City of Palm Springs to provide towing services to the Police
Department.
"Operator" means a person who is lawfully entitled to possession of a vehicle. The
term includes the operator's agent.
"Owner" has the same meaning as that term is defined in Vehicle Code Section
460, or any successor legislation. The term includes the owner's agent.
"Person" means an individual, company, firm, association, trust, estate, partnership,
corporation, limited liability company, or an entity, however organized.
"Police Chief' means the Chief of Police for the City of Palm Springs, or the
designee of the Chief of Police.
"Tow truck" is a motor vehicle which has been altered or designed and equipped for
and exclusively used in the business of towing vehicles by means of a crane, tow
bar, tow line, or dolly, or is otherwise exclusively used to render assistance to other
vehicles.
"Towed" means a vehicle hauled, pulled, or transported by a tow truck.
"Towing service" means roadside assistance, towing, storing, lien-selling or related
operation for a damaged, inoperative, abandoned, stolen, recovered, or illegally
parked vehicle.
"Vehicle" has the same meaning as that term is defined in California Vehicle Code
Section 670, or any successor legislation. A "stored vehicle" or "impounded vehicle"
is any vehicle removed from a site and taken to the tow yard at the direction of a
Police Department employee and for which a Vehicle Report (currently, form CHP
180) is provided to the official police tow service provider.
11.82.040 Police Towing Without City Agreement - Prohibited. '
No tow operator shall perform non-consensual vehicle towing at the request of the City's
police department unless the person is an official police tow services provider.
!I Ordinance No. 1686
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' 11.82.050 Official Police Tow Services Provider- Citywide.
A. Each official police tow service provider shall be placed on a "rotation list" in an initial
order to be determined by the Police Chief. The rotation list shall be used whenever a
driver or owner of a disabled vehicle is unable to specify a particular garage or tow service,
or whenever a Police Department employee stores or impounds a vehicle and the driver or
owner is not present or is not consulted.
B. Official police tow service providers shall be called, in turn, in response to a Police
Department request. Whenever any official police tow service provider cannot, for any
reason, respond any equipment needed to accomplish the requested service within the
response time specified herein, the official police tow service provider shall be passed over
and the next company on the rotation list will be called. The official police tow service
provider shall become eligible to provide service again only in its next turn in rotation.
Whenever a Police Department employee determines that an emergency exists because a
official police tow service provider is unable, for any reason, to provide adequate tow
service, the Police Department employee shall have the right to have such services
performed by any other means available. In the event a Police Department employee
cancels a rotation tow due to no fault on the part of a provider, such provider shall be
placed on the top of the rotation list for the next requested tow.
' 11.82.060 Selection Process.
A. Using an open, competitive process, the City Council shall select one or more persons
to serve as an official police tow services provider. The Chief of Police shall prepare a
request for proposals which, at a minimum, must include:
1. Specifications, terms, conditions and minimum performance standards for
towing service; and
2. The procedures and standards for evaluating proposals and selecting an
official police tow services provider.
B. By resolution, the City Council shall adopt the request for proposals and authorize the
City Clerk to advertise for proposals.
C. In evaluating a proposal, the City Council may consider all relevant facts or information,
including any one (1) or more of the following criteria:
1. Demonstrated financial strength including, but not limited to, the proposer's:
a. Current facilities, equipment, and personnel,
b. Capability of securing financing for facilities, equipment, personnel, or
other resources,
c. Credit worthiness;
2. Quality of the proposer's existing or proposed facilities, equipment, and
personnel;
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3. Demonstrated and successful completion of services of similar scope and
size, including, but not limited to: ,
a. Years of experience that the proposer has an official police
tow services provider or a municipal service provider,
b. Timeliness of performance,
c. Customer satisfaction or complaints;
4. Other cities' and clients' evaluations of the proposer's prior or current
services and any actions taken by such cities or clients regarding the proposer;
5. Demonstrated safety record for the proposer's tow vehicles and employees;
or
6. Degree to which the proposer ascertained and addressed this City's needs
and priorities.
D. By resolution, the City Council shall award an agreement to a person whom the City
council determines is the most qualified to serve as an official police tow services provider.
E. When it best serves the City's interests, the City Council may do any one or more of the
following:
1. Reject all proposals;
2. Amend, cancel, or reissue a request for proposals;
3. Extend the deadline for accepting proposals; or
4. Establish and operate its own municipal towing service, or storage lot, or
both.
11.82.070 Police Tow Services Provider Agreement.
A. Each official police tow services provider shall enter into a written agreement with the
City, which agreement shall contain eligibility requirements, operating regulations, fee
schedules, and service requirements as adopted by the City Council. The agreement, in a
form that the City Attorney approves, must include at least the following provisions:
1. Minimum requirements and performance standards for equipment,
facilities, personnel (including background checks where appropriate), and
services;
2. Procedures for handling and protecting vehicles in the official police
tow services provider's care, custody, or control;
3. Conditions for releasing vehicles;
4. Maximum allowable rates and charges;
5. An indemnification provision satisfactory to the City Attorney;
6. Minimum insurance coverages and amounts, satisfactory to the City's
Risk Manager or the City Attorney;
7. The term of the agreement and grounds for its suspension, termination, or
cancellation. '
8. Terms and provisions for payment of the vehicle towing administrative cost
recovery fee as required in this Chapter.
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B. The City Council shall set the tow fee schedule by using the average tow fee allowed by
the California Highway Patrol, Indio Bureau. The term of official police tow truck service
agreements shall be three years with two one year options.
C. Every Official Police Tow Service shall post an approved rate schedule in a form
approved by the Chief of Police in a conspicuous place on the premises of the vehicle
storage lot operated by such Official Police Tow Service and such other locations as the
Chief of Police may require.
D. The Chief of Police shall enforce each agreement's terms and conditions.
11.82.080 Compensation.
A. Except as the official police tow services provider's agreement or the law provides, an
official police tow services provider shall not receive any compensation from the City for
providing or performing nonconsensual vehicle towing. An official police tow services
provider will receive compensation for providing or performing towing service by its
collecting from an owner or an operator any one (1) or more of the fees and charges that
are listed in the agreement's "Schedule of Rates and Charges for the City of Palm
Springs's Official Police Tow Services."
B. In place of the City's paying compensation and in exchange for the official police tow
services provider's services, the City grants the official police tow services provider, during
the agreement's term, the special privilege and exclusive right of:
1. Identifying itself as one of the City's "official police tow services";
2. Operating within a designated District;
3. Receiving the police department's calls for service; and
4. Furnishing the public with non-consensual vehicle towing.
11.82.090 Administrative Cost Recovery for Vehicle Towing.
The City establishes a vehicle towing administrative cost recovery fee for the City's
administering the official police tow services providers' agreement and operating a vehicle
towing program ("VTACR fee") in an amount as adopted by the Council by resolution.
11.82.100 VTACR Fee - Establishment and Payment.
A. An official police tow services provider shall, prior to or at the time the agreement with
the: City is entered into, and on the annual anniversary of the date the agreement was
entered into, pay the VTACR to the City. In lieu of an annual payment as required under
this Section, the annual fee may be divided into twelve installments with the first payment
being due and payable prior to or at the time the agreement is entered into and with each
successive installment being due and payable on the first day of each successive month
thereafter.
B. By resolution, the City Council shall establish or modify the amount of the VTACR Fee,
basing it on the actual and reasonable costs to the City, including administration and
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overhead, for administering the official police tow services providers' agreement and
operating the vehicle towing program. '
C. To reflect cost-of-living changes and to ensure that changing economic conditions do
not impair the real value of the fees and charges under this Chapter, on July 1 of each
year the Chief of Police shall:
1. Review the VTACR Fee; and
2. Adjust the VTACR Fee upward or downward by the same percentage
increase or decrease, occurring during the previous twelve (12) months, in the
consumer price index for all urban consumers ("CPI-U") for the San Bernardino-
Palm Springs Metropolitan Area (published by the Bureau of Labor Statistics, U.S.
Department of Labor), or applying a similar index if the CPI-U is not published or
available, to the nearest one dollar ($1.00).
C. In addition to adjusting the fees and the charges for cost-of-living changes under
Section 11.82.150(B), the Chief of Police shall recommend, with the City Manager's
approval, that the City Council revise the fees and the charges when a change in the cost
of either administering the official police tow services providers' agreement or operating
the vehicle towing program makes the revision appropriate.
D. The Chief of Police may prepare, adopt, amend and enforce rules, regulations or
procedures for calculating, collecting, paying and administering the fees and charges
under this Chapter.
E. A copy of the resolution establishing the current fees and charges under this Chapter
will remain on file and will be available for inspection in the police department.
11.82.110 Unpaid Fee or Charge - Civil Debt.
When a person fails, neglects, or refuses to pay, collect, or remit the VTACR fee under this
Chapter, or such person otherwise pays that fee but later cancels or stops payment on it
and in either situation that fee's payment, collection or remittance is lawfully due or owing,
the entire amount of the unpaid, uncollected or non-remitted VTACR fee constitutes a debt
to the City by that person, from whom the City may recover in a civil action. The failure to
timely pay the VTACR shall also be deemed a material breach of the taw service
provider's agreement with the City and the City may suspend or terminate such agreement
on such terms as may be provided in the agreement.
11.82.120 Standards for Tow Truck Equipment.
A. Official police tow services shall provide towing equipment capable of providing for the
following services:
1. Recovery trucks with an adjustable boom with at least eight ton lifting
capacity. ,
2. Wheel lift towing.
3. Roll back/flatbed towing.
4. Towing in parking garages.
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5. Towing from off-road areas.
6. Towing of large and oversized vehicles.
7. Towing of motorcycles without causing additional damage.
B. All tow trucks shall be equipped as provided in the California Vehicle Code.
C. Official police tow services shall, at all times, have at least three fully equipped and
operational tow trucks in service. All of the tow trucks in service must have a minimum
capacity of 14,000 GVW. At least one of the tow trucks in service must be a flatbed tow
muck. At least one of the three tow trucks in service must have a eight ton lifting capacity.
D. Every official police tow service shall be equipped for and have personnel proficient in
unlocking locked vehicles where practicable when requested to do so by Police
Department employees.
11.82.130 Standard Rules of Operation.
A. All requests for non-consensual vehicle towing service on city or public property,
including public rights-of-way, and the removal of traffic hazards shall be made through the
Police Department.
B. Official police tow service provider's business office shall be located within the
provider's storage yard and attended at all times for servicing the public and the City from
' 8:00 a.m. to 5:00 p.m., Monday through Friday, except for the holidays of January 1,
known as New Years Day; third Monday in January, known as Dr. Martin Luther King Jr.'s
Birthday; third Monday in February, known as Washington's Birthday/President's Day; last
Monday in May, known as Memorial Day; July 4, known as Independence Day; first
Monday in September, known as Labor Day; the second Monday in October, known as
Columbus Day; November 11, known as Veteran's Day; fourth Thursday in November,
known as Thanksgiving Day; and December 25, known as Christmas Day. If January 1,
July 4, November 11 or December 25 fall upon a Sunday, the Monday following is a
holiday and if they fall upon Saturday, the preceding Friday is a holiday. Official police tow
service providers may make an additional charge for after normal business hours release
of vehicles consistent with the guidelines or provisions of the Council resolution
establishing fees and charges for tow services.
C. General Rules of Operation.
1. Official police tow service provider must be available to promptly respond
twenty-four hours a day, seven days a week for all requests by the City for towing
services.
2. Official police tow service provider shall release vehicles stored or
impounded by the Police Department, pursuant to authorization provided by
appropriate employees of the Police Department. Such authorization shall be in
writing on a form provided by the Police Department or may be given verbally by
employees authorized by the Department to provide verbal releases.
3. All vehicles stored or impounded as a result of a tow ordered by the Police
Department shall be made available during business hours to the owner of the
Ordinance No. 1686
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vehicle or his representative, or any authorized insurance agent, insurance adjuster,
or any body shop or car dealer, for the purpose of estimating or appraising
damages, except vehicles with a "police hold."
D. Removing Hazards. After being dispatched by the Police Department to the scene, the
official police tow service provider shall cooperate with the police officers in removing
hazards and illegally parked vehicles as requested. It is the duty of the police officers to
determine when such vehicle should be impounded or moved, and the tow truck attendant
shall abide by their decisions.
E. The owners of an official police tow service provider participating in towing assignments
by the Police Department shall be responsible for the acts of their employees while on
duty. Each official police tow service provider shall be responsible for damage to vehicles
while in its possession caused by the active or passive negligence of the official police tow
service provider.
F. Access to Provider's Facilities.
1. All official police tow service providers' records, equipment, and storage
facilities will be subject to periodic checks by Police Department or other City
investigators during normal business hours.
2. Throughout the term of this agreement, every official police tow service
provider shall maintain all offices, storage facilities and equipment in a neat, clean '
and organized manner.
3. Every official police tow service provider shall provide access to employees
of the City at any time during normal business hours, for the purpose of inspection
or audit to determine that the objectives and conditions of this agreement are being
fulfilled.
G. Each official police towing service provider shall record its time out and its time in or
the end of service on every tow truck assignment. Such records shall be available and
open to City examination.
H. All official police towing service providers shall submit a monthly report to the Chief of
Police and Finance Director, which shall include the following:
1. Total police impounds;
2. Number of times dispatched by Palm Springs Police Department;
3. Number of dispatch calls resulting in impounds;
4. Number of vehicles sold on lien sale under authority of Civil Code Section
3072, as may be amended from time to time;
5. Number of vehicles sold under authority of Civil Code Section 3073, as may
be amended from time to time;
6. Certification of (a) the availability of the names and addresses of buyers and
description of vehicles when sold and (b) that such names, addresses, and
descriptions are available for inspection by the Chief of Police and the Finance
Director.
Ordinance No. 1686
Page 11
7. Number of calls answered in which time beyond one hour was required to
handle.
I. All official police towing service providers shall comply with the following communications
requirements:
1. Official police tow service provider shall maintain a twenty-four hour per day
telephone service to receive calls from the public.
2. Official police tow service provider shall require the answering service to
retain data and records relating to the City's requests for towing services on
premises for the term of the contract.
3. Official police tow service provider shall require the answering service to
promptly accept and relay requests for towing services made by the City. Failure or
refusal to promptly relay the City's requests for towing services shall constitute
failure to comply with the requirements, terms and conditions of this agreement and
may result in suspension or termination of the agreement.
4. Official police tow service provider shall install and maintain at all times
during the length of this agreement, communications between their tow vehicle(s)
and the official answering service. This communication may be either by two-way
radio or cellular telephone.
5. Official police tow service provider shall maintain a twenty-four hour per day
communication contact with their tow vehicle(s).
J. Official police tow service shall have a secure and environmentally safe vehicle storage
facility with a minimum of fifteen thousand usable square feet.
1. The vehicle storage facility must be located within the corporate city limits of
the City of Palm Springs.
2. The vehicle storage facility must be completely enclosed by a six foot high
wall or fence with no holes, gaps or other unsecured openings, and a gate. The wall
or fence shall have two or more strands of barbed wire installed in such a manner
as to discourage access over the top of the wall or fence, or the wall shall be a
minimum of eight feet in height without barbed wire. All gates into the storage yard
shall meet the same standards required of the wall or fence. Any damage to walls,
fences or gates which allows unauthorized access must be repaired within twenty-
four hours.
3. The vehicle storage facility shall have adequate lighting, and comply with all
applicable building codes, zoning regulations, environmental laws and regulations,
and any and all the applicable laws, rules and regulations established by federal,
state, county and/or city governments.
4. No official police tow service provider shall perform any work in the vehicle
storage facility upon any vehicle stored or impounded by the Police Department
without first obtaining authorization from the Police Department and the Registered
Owner of the vehicle.
5. Official police tow service provider shall not dispose of any impounded
vehicle, through any process whatsoever, without first obtaining authorization from
the Police Department. Nothing herein shall be deemed to prevent or prohibit the
Ordinance No. 1686
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official police tow service provider from commencing the lien sale process on any
such impounded vehicle.
K. Official police tow service providers shall abide by all federal, state, and local laws
pertaining to the disposal of unclaimed vehicles and shall not use any vehicle stored or
impounded as a result of tow ordered by the Police Department for any purpose except as
expressly authorized under the agreement.
L. All vehicles stored or impounded as a result of a tow ordered by the Police Department
shall be towed directly to an official storage lot unless the Police Department or other
person legally in charge of the vehicle requests that it be taken to some other location.
Vehicle release fees shall be established by resolution of the City Council.
11.82.140 Response time.
A. When it becomes evident that there will be a delay in responding to a request for towing
service, the official police tow services provider shall advise the Police Department of this
delay and the reason for the delay.
B. Each official police tow services provider agrees that, for any thirty day period, the
average response time pursuant to requests for tow service by the Police Department,
shall not exceed fifteen minutes. Each official police tow service provider also agrees that
the maximum response time for any single request for tow service by the Police
Department shall not exceed twenty minutes. Response time is defined as the elapsed
time between the relaying of the tow service request to the tow service provider and arrival
of the tow vehicle on the scene.
11.82.150 Grounds for Cancellation, Revocation, or Suspension; Procedure.
A. The agreement shall be subject to cancellation, revocation, or suspension by the Chief
of Police either as a whole or as to any person or vehicle described therein. The procedure
for such cancellation, revocation, or suspension is set forth in this Section. The contract
holder shall be given five business days' notice to appear before the Hearing Officer to
show cause why the contract should not be suspended, revoked, or cancelled for any of
the following reasons:
1. Nonpayment of any City business license fees or other fees provided in the
contract or by the Palm Springs Municipal Code;
2. Breach of any rules, regulations, or conditions set forth in the contract or the
Palm Springs Municipal Code;
3. For the violation of any federal, state or local law by the contract holder, any
person having any ownership interest in the official police tow service provider, or
any employee of the official police tow service provider;
4. For failure to maintain a satisfactory level of service to the police or public;
5. For failure to keep any vehicle towed at the request of the Police Department
in safe condition and good repair;
6. For failure to use distinctive coloring, monogram, or insignia;
Ordinance No. 1686
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7. For any deviation from the schedule of rates set forth in the agreement:
without the prior approval of the Chief of Police;
8. Passing on a tow assignment three or more times in any calendar month.
"Passing" is defined as refusing, for any reason, any tow assignment from the Palm
Springs Police Department.
9. For any cause which the Palm Springs Police Department finds makes it
contrary to the public interest, convenience, necessity, or general welfare for the
contract to continue.
B. For equipment violations or business omissions, where the Police Department desires
to provide official police tow service the opportunity to correct such violations or omissions,
the Police Chief may suspend official police tow service from providing service for a period
of time, not to exceed five calendar days. Such suspension shall not be considered
punitive and shall be for the specific purpose of providing official police tow service time to
correct specified violations or omissions.
C. For substantive violations of the agreement between the official police tow service and
thie City of Palm Springs, where the Police Department intends to take punitive action
against official police tow service, the Hearing Officer may suspend official police tow
service from providing service for a period of time, not to exceed ten days, in preparation
for a hearing.
D. The Hearing Officer shall conduct such hearing and may receive information from any
source deemed relevant to the inquiry.
E. The purpose of the hearing shall be to determine the factual basis of the allegation(s)
against the official police tow service provider.
1. The hearing shall be informal in nature.
2. Formal rules of evidence (California Evidence Code and/or the Federal Rules
of Evidence) shall not apply.
3. Official police tow service provider shall have the opportunity to respond to
the allegations and present information relevant to official police tow service's
defense.
4. At the conclusion of the hearing or within a reasonable time thereafter, the
Hearing Officer shall make a finding as to whether the allegation(s) are "Founded"
or "Unfounded".
5. Upon a finding the allegation(s) are "Founded" the Hearing Officer shall
determine the appropriate sanction to be taken against the official police tow service
provider.
a. The hearing Officer may extend or impose a suspension of official
police tow service provider for a period of time, or;
b. Permanently remove official police tow service provider from the
rotation list for providing service in response to Police Department request.
6. The Hearing Officer shall notify the official police tow service provider of the
finding and/or sanction to be imposed in person, by registered mail, or by written
notice hand-delivered to official police tow service provider's business office.
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7. Official police tow service provider may appeal the finding of, or the sanction
imposed by, the Hearing Officer to the City Manager.
SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take effect
thirty (30) days after passage.
ADOPTED this 5" day of April, 2006.
Mayor
ATTEST:
L
,City Clerk
r
r
Ordinance No. 1686
Page 15
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify
that Ordinance No. 1686 is a full, true, and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on March 15, 2006, and adopted at a regular
meeting of the City Council on April 5, 2006, by the following vote:
AYES: Councilmember McCulloch, Mayor Pro Tern Foat, and Mayor Oden
NOES: None
ABSENT: Councilmember Mills and Councilmember Pougnet
ABSTAIN: None
JJXmes Thompson, City Clerk
City of Palm Springs, California