HomeMy WebLinkAbout2006-06-07 STAFF REPORTS 2P o�QALM S.0
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q<�FOAN, City Council Staff Report
DATE: June 7, 2006 CONSENT CALENDAR
SUBJECT: APPROVE RFP FOR ROTATIONAL TOW PROGRAM
FROM: David H. Ready, City Manager
BY: Procurement Division
SUMMARY
On April 5, 2006 City Council adopted Ordinance No. 1686 adding Chapter 11.82 to the
Municipal Code related to the contractual process for provision of police tow services.
The recommended action would approve the form of the solicitation document and
authorize its release, as required under Chapter 11 .82.
RECOMMENDATION:
1. Adopt Resolution No. , approving the request for proposals/qualifications
for the rotational tow program and authorize staff to advertise and solicit
responses.
STAFF ANALYSIS:
The City Council's adoption of Ordinance 1686 established a new contracting structure
for the Police Department's rotational tow program. Staff has created a new request for
proposal/qualifications document in accord with the new structure. The ordinance
requires that City Council adopt the solicitation document and authorize staff to
advertise and release the document to prospective respondents.
FISCAL IMPACT:
No impact as City expenses will be recovered via implementation of the vehicle towing
administrative cost recovery (VTACR) fee.
TArL. Butzl ff David H. Ready, City Magl
Ptant Cit M ager
Attachments: Resolution
RFQ for Rotational Tow Program Item No. n . P .
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS APPROVING AND ADOPTING
AREQUEST FOR PROPOSALS FOR POLICE TOW
SERVICES AND AUTHORIZING THE CITY CLERK TO
ADVERTISE FOR PROPOSALS
WHEREAS, the City Council adopted Ordinance 1686 establishing a contractual
process with private-sector tow companies for the provision of tow services initiated or
requested by the City's Police Department; and
WHEREAS, the City Council has determined that it is in the City's best interest to award
one or more official police tow services agreements through a competitive procurement
process;
WHEREAS, Ordinance 1686 provides that the City Council must adopt a request for
proposals and authorize the City Clerk to advertise for proposals to provide tow
services; and
WHEREAS, a request for proposals has been prepared by staff and is ready to be
distributed to private-sector tow companies interested in providing police tow services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Springs, California:
SECTION 1. That the request for proposals, attached as Exhibit "A", for police
tow services is hereby adopted.
SECTION 2. That the City Clerk is hereby authorized to advertise for proposals
to provide police tow services in accordance to the specifications,
terms, conditions and performance standards set forth in Ordinance
1686.
ADOPTED THIS 7th day of June, 2006.
CITY OF PALM SPRINGS
Ron Oden
Mayor
ATTEST: APPROVED AS TO FORM:
James Thompson Doug Holland
City Clerk City Attorney
Resolution No.
Page 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
l., JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on June 7, 2006, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
CITY OF PALM SPRINGS, CALIFORNIA
REQUEST FOR PORPOSALS/STATEMENTS OF QUALIFICATIONS
AND LETTERS OF INTEREST, RFP 02-06
FOR
TOWING AND STORAGE OF VEHICLES AS REQUESTED BY
THE PALM SPRINGS POLICE DEPARTMENT
NOTICE IS HEREBY GIVEN that the City of Palm Springs is requesting Proposals/Statements of
Qualifications from Tow Operators who are interested in providing towing and storage services on a
rotational basis, as requested by the Palm Springs Police Department.
Copies of the document, Request for Statements of Qualification and Letters of Interest(RFP 02-06)
are available in the Procurement and Contracting Department at the address below or bytelephone
request at(760) 323-8237. There is no charge for mailing this document to interested parties.
STREET ADDRESS MAILING ADDRESS
CITY OF PALM SPRINGS CITY OF PALM SPRINGS
Procurement & Contracting Procurement & Contracting
3200 E. Tahquitz Canyon Way P. O. Box 2743
Palm Springs, CA 92262 Palm Springs, CA 92263-2743
Responses to this Request for Proposals/Statements of Qualifications will be evaluated on the basis
of various factors including, but not limited to: demonstrated financial strength; quality of the
proposer's existing or proposed facilities, equipment, and personnel; demonstrated and successful
completion of services of similar scope and size; 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; demonstrated safety record for the proposer's tow vehicles and employees; degree to
which the proposer ascertained and addressed this City's needs and priorities.
Response to this Request for Proposals/Statements of Qualifications must be received prior to the
closing date and time of 3:00 P.M., local time, xxxday, July xx, 2006.
BRUCE R. JOHNSON, CPPO, C.P.M.
Procurement and Contracting Manager
DATE: June xx, 2006
PUBLISH: June xx, 2006
SOQ 02-06 Towing Qual Interest 06-01-06(2)
TO: ALL PROSPECTIVE OFFERORS June XX, 2006
SUBJECT: REQUEST FOR PROPOSALS/STATEMENTS OF QUALIFICATIONS(RFP
02-06) TO PROVIDE TOWING AND STORAGE OF VEHICLES AS
REQUESTED BY THE PALM SPRINGS POLICE DEPARTMENT
PURPOSE:
The City of Palm Springs is requesting Proposals/Statements of Qualifications from qualified Tow
Operators to provide as-needed vehicle towing and storage services for the Palm Springs Police
Department. These services include but are not limited to: towing and storing vehicles involved in
accidents or disabled for other causes (when alternate towing is either not appropriate or is not
requested by the owner or operator of the vehicle); and towing and storing of vehicles which for
other reasons are within the jurisdiction of the Palm Springs Police Department, including
impounded/forfeited vehicles under the provisions of California Vehicle Code 14602.6 and 14607.6.
BACKGROUND:
Currentlythree(3)local towing firms provide towing and storage on a rotational basis as requested
by the Palm Springs Police Department under the terms and conditions of an agreement which
commenced on April 1, 1997. The rotational tow program is being re-solicited at this time.
The City is has adopted an ordinance that will codify and guide the police rotational towing program.
The ordinance is codified as Chapter 11.82 of the City's Municipal Code, entitled "Police Tow
Services Standards" (copy provided herein as Attachment"A").
Statements received prior to the deadline in response to this request for Proposals/Statement of
Qualifications process will be evaluated by a qualifications evaluation committee. The evaluation
committee, working with the Chief of Police, will submit a recommendation for award to the Palm
Springs City Council.
As a result of this RFP, the Palm Springs City Council may elect to execute a City-drafted towing
agreement with any, all or none of the existing Operators and, may or may not approve additional
Operators to be added to the rotation towing program.
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A new agreement for the rotational tow program is being developed which will include rules and
regulations and performance standards established either by ordinance, bythe Palm Springs Police
Department, or by other City departments. These will include, but not be limited to, rules relating to
response time, towing, storage, equipment, storage facilities, fees, customer relations, and
disciplinary actions deemed necessaryfor the Police Department to effectively manage the program.
Each participating Operator must agree to abide by the terms and conditions of the agreement.
Operator's participating in the rotational tow program shall agree to pay the City a vehicle towing
administrative cost recovery fee to reimburse the City for actual and reasonable costs incurred in
connection with the towing program (pursuant to State of California Vehicle Code, Div 5, Chap 9,
Sect 12110).
Included herein is a description of the basic standards for the rotational towing program.
EVALUATION OF QUALIFICATIONS AND INFORMATION:
Responses to the request for Proposals/Statements of Qualifications will be evaluated on the basis
of various factors, including, but not limited to, the following:
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. Creditworthiness;
2. Quality of the proposer's existing or proposed facilities, equipment, and personnel;
3. Demonstrated and successful completion of services of similar scope and size,
including, but not limited to:
a. Years of experience that the proposer as 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.
SUBMISSION GUIDELINES:
Respondents to this RFP should, at a minimum, provide the information requested below.
Interested tow operators are encouraged to provide additional information not specifically identified
below that would help to demonstrate their firm's qualifications to provide tow services for the City.
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A. Facilities, Equipment and Personnel
A.1. Facilities-Give the address of yourfirm's tow yard in Palm Springs. Include the capacity(size)
of your storage area; describe the enclosure, i.e., paved, locks, length and height offences, hours of
operation, etc. Indicate your facilities compliance with or deviation from applicable City zoning
codes. If you operate from other location(s), state the location(s). Do you have secondary vehicle
storage facilities? If so, give the location and capacity.
A.2. Equipment—Identify in detail each vehicle and all related equipment that your firm would utilize
in the City's rotational tow program.
A.3. Personnel— Identify all personnel that will provide services under the City's program. Include
all drivers, supervisory and office personnel. Provide a Form 234F for each driver that will perform
service in the program.
AA Identify your recruitment/hiring/training practices.
B. Financial/Organizational Strength
B.1 Provide a brief history of your firm in the towing industry.
B.2 Provide in detail a description of the industry experience of your key management personnel.
B.3 Discuss your organizational structure and your management style. Do you have an ongoing
program to identify substance abuse, in accordance with Department of Transportation (DOT)
Employee Testing Act of 1991?
BA Provide evidence of the financial stability of your firm.
B.5 Identify your capability of securing financing for facilities, equipment, personnel, or other
resources
B.6 Provide evidence of your firm's creditworthiness.
B.7 Identify your vehicle replacement policy, the age of your current equipment and your plans for
acquisition of new/replacement equipment.
B.8 Adequacy of Business Records: Identify how your firm will:
• track the status of all vehicles towed for the City through the rotational program;
• report the status of all such towed vehicles to the City, when requested to do so;
• keep track of gross receipts received through participation in the City's tow program;
• keep track of information related to lien sales.
Provide samples of all such documentation with your Statement of Qualifications.
B.9 Provide certificates of insurance evidencing the insurance coverages carried by your firm.
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C. Successful Completion of Similar Service Arrangements
CA Identify the years of experience that you have .as an official police tow services provider or a
municipal service provider.
C.2 List any contracts yourfirm currently has, or has had in the recent past(last 5 years), similar to
the City's requirements. Give the name and phone number of a contact person for each reference.
C.3 State any complaints your firm has received within the past two years, or the absence thereof.
Include equipment violations, inspection citations, etc.
CA Indicate whether or not you ever been suspended or terminated from a towing program
operated by another government agency for any reason.
D. Safety Record
D.1 Describe your firm's safety policies and all safety training provided to your employees.
D.1 State any safety violations or incidents occurring within the past three years and how they were
resolved. Also, state any citations on vehicles owned/operated by your firm. Indicate whether or not
you ever been suspended from towing by another government agency for safety violation(s). If so,
supply the date and describe the violation and/or incident(s).
E. Rates for Services
EA The City Council will set the tow fee schedule by using the average tow fee allowed by the
California Highway Patrol, Indio Bureau. Provide the CHP—Indio tow fee schedule allowed for your
firm.
SOLI SUBMISSION LOCATION AND DEADLINE:
Statements of Qualifications and Letters of Interest shall be delivered to:
Procurement& Contracting
Palm Springs City Hall
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
no later than:
XXXDAY, July xx, 2006, AT 3:00 P.M., LOCAL TIME.
All submittals shall be sealed within one envelope and clearly marked, "STATEMENT OF
QUALIFICATIONS AND LETTER OF INTEREST SOQ 02-06, TOWING AND STORAGE
SERVICES".
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Please submit one original and five (5) copies in sufficient time to guarantee receipt at the City of
Palm Springs Procurement and Contracting Office prior to the closing date.
QUESTIONS:
Questions concerning this RFP should be directed to Bruce R. Johnson, Procurement and
Contracting Manager, via fax at(760)323-8238. Questions must be received no later than XXday,
June XX, 2006.
ADDITIONAL INFORMATION:
Additional information may be soughtfrom respondents to this request for Proposals/Statements of
Qualification process it, in the opinion of the City's evaluation team,such information is necessary in
order to complete the evaluation process. During its evaluation process,the City reserves the right
to collect and utilize information through its own efforts related to the qualifications of respondents to
this Statement of Qualifications.
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ROTATIONAL TOWING PROGRAM DESCRIPTION
General: This program is for providing Palm Springs Police Department(PSPD)—generated tows
on a rotational basis for firms that have been qualified to provide such services for the City. Each
participating Operator must agree to abide by the terms and conditions of an agreement in the form
provided by the City and further agree to pay the City a vehicle towing administrative cost recovery
fee to reimburse the City for actual and reasonable costs incurred in connection with the towing
program. (State of California Vehicle Code, Div 5, Chap 9, Sect 12110).
Services: The services to be provided include as-needed non-consensual towing and vehicle
storage services. All services shall be provided in accordance with any and all applicable federal,
state and local ordinances, rules and regulations. Services include but are not limited to: towing and
storing vehicles involved in accidents or disabled for other causes (when alternate towing is either
not appropriate or is not requested bythe owner or operator of the vehicle); and towing and storing
of vehicles which for other reasons are within the jurisdiction of the Palm Springs Police Department,
including impounded/forfeited vehicles underthe provisions of California Vehicle Code 14602.6 and
14607.6. The Operator shall be able to properly conduct a lien sale as outlined in Division 11,
Chapter 10, Article 2, beginning with Section 22851 of the California Vehicle Code.
Special Services: Operators participating in the rotational tow program will be required to provide
the following special services to the City:
• Towing services necessary to support the City's Thursday night Villagefest. On a weekly
rotation, Operators participating in the program shall remove cars from areas within the
Villagefest boundaries, coordinating with Villagefest staff and the Police Department.
• .As-needed towing and related services for City vehicles free of charge.
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.
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
trick. At. least one of the three tow trucks in service must have a eight ton lifting capacity.
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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.
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 consistentwith 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
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
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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 anytime 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.
Fi. 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.
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
complywith 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
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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 official police
tow service providerfrom 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.
Additional Storage Operation terms, conditions and requirements:
Operator shall be responsible for all vehicles stored by the Operator, together with all accessories
and equipment on each vehicle and all personal property in each vehicle. It shall be Operator's
responsibility to protect the stored equipment and property against loss or damage by fire, theft,
weather or other causes. In the event of loss or damage to a stored vehicle, its accessories or
equipment, or personal property contained in the vehicle, the Operator shall be responsible to the
Owner for all losses or damages. Personal property in vehicles stored by Operator shall not be
disposed of to defray any charges for the towing or storing of a vehicle; and, if not called for by the
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owner within thirty(30) days after date of notice by PSPD of impound or storage, all such property
shall be disposed of in accordance with all State, County and Municipal laws, statutes, ordinances
and regulations, including without limitation, Vehicle Code Section 10652 (reporting storage of
vehicles over thirty days).
Operator shall take all reasonable precautions required by the PSPD to avoid damage to any
evidence, such as fingerprints or stains. Operator shall take whatever actions and precautions
necessary to protect the engines, trunks and interior areas of all stored or impounded vehicles
against the elements by rolling up windows, closing doors, trunk lids and hoods, and, if necessary,
covering the vehicle or parts thereof exposed to the weather with plastic, canvas or otherwaterproof
covering. Operator shall park all stored or impounded vehicles in such a manner as to prevent any
damage while other vehicles are being moved or parked in the vicinity of said vehicles.
Response to Calls:
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 an 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.
C. When an Operator will be temporarily unavailable to provide services due to a
preplanned/scheduled activity(i.e.: vacations, maintenance, medical leave) he/she shall notify the
PSPD at least 24 hours prior to the date that services will be unavailable, noting the times and dates
of the unavailability.
D. Operator, or his/her employee(s)responding to a PSPD call, shall perform the towing or service
required for which he/she was called. This requirement may be waived by the PSPD officer in
charge, if the requested equipment is inadequate for the service to be performed; provided,
however, if an Operator supplies the wrong equipment, such Operator shall be placed upon the
bottom of the PSPD Rotation list.
E. Operator shall not respond to a PSPD call assigned to another Operator unless requested to do
so by the PSPD. If an Operator assigned the initial PSPD call requires the assistance of an
additional Operator at the scene, the Operator assigned the initial call may, subject to the prior
approval of the PSPD officer in charge, request the Operator next on the PSPD Rotation list to
assist him/her.
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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
riot 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.
Driver Qualifications and Public Demeanor:
The Operator shall ensure that tow truck drivers responding to calls initiated by the PSPD are
qualified and competent employees of his/her company. The Operator shall ensure that the tow
truck drivers are trained and proficient in the use of the tow truck and related equipment, including,
but not limited to, the procedures necessary for the safe towing and recovery of the various types of
vehicles serviced through PSPD rotation. Tow truck drivers shall be at least 18 years old and
possess any and all licenses and certifications required by the state.
The Operator shall provide to the PSPD a Form 234F for each tow truck driver to be utilized in the
PSPD tow program.
While involved in PSPD rotation tow operations or related business, the Operator and/or his/her
employees shall refrain from any act(s) of misconduct, to include, but not limited to, any of the
following:
1) Rude or discourteous behavior.
2) Lack of service, selective service, or refusal to provide service which the Operator,
is/should be capable of performing.
3) Any act of sexual harassment or sexual impropriety.
4) Unsafe driving practices.
5) Exhibiting any objective symptoms of alcohol and/or drug use.
6) Appearing at the scene of a PSPD rotation tow call with the odor of an alcoholic
beverage emitting from his/her breath. The Operator/tow truck driver shall submit to
a preliminary alcohol screening test upon demand of the PSPD.
At the sole discretion of the Police Chief or his designee,non-compliance with
this section may constitute grounds for disciplinary action.
Rates for Service:
The City Council shall set the tow fee schedule by using the average tow fee allowed by the
California Highway Patrol, Indio Bureau.
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Insurance:
The Operator shall maintain the following minimum levels of insurance from an insurance carrier
admitted in California or admitted in the state in which the Operator's business is located and is
authorized to do business in California in a form and content satisfactory to the City:
1) Commercial Business Automobile Liability as required by Vehicle Code
Section 16500.5. Bodily injury and property damage with a combined single
limit of not less than $750,000 for Class A tow trucks. The combined limits
for Classes B, C, and D shall not be less than $1,000,000. These minimum
standards are to include non-owned and hired auto coverage.
2) Uninsured Motorist- Legal minimum, combined single limit.
3) On-Hook Coverage/Garage Keepers Legal Liability Insuring the vehicle in
tow which limits based on the size of the tow truck:
a) Class A tow truck $50,000
b) Class B tow truck $75,000
c) Class C tow truck $150,000
d) Class D tow truck $150,000
4) Garage Liability Insurance, including premises and operations coverage for
bodily injury and property damage with a combined single limit of not less
than $500,000.
5) Workers' Compensation Insurance in such amount as will fully comply with
the laws of the State of California and which shall indemnify, insure and
provide legal defense for both the Operator and the City against any loss,
claim ordamage arising from any injuries oroccupational diseases occurring
to any worker employed by or any persons retained by the Operator in the
course of carrying out the work or services contemplated in this Agreement.
6) Garage Keepers Liability-Shall be the same minimum as on-hook coverage
for vehicles in the care, custody, and control of the operator in the storage
yard.
No work or services under this Agreement shall commence until the Operator has provided the City
with Certificates of Insurance or appropriate insurance binders evidencing the above insurance
coverages and said Certificates of Insurance or binders are approved by the City. All of the above
policies of insurance shall be primary insurance and shall name the City,its officers,employees and
agents as additional insured in accordance with a standard ISO additional insured endorsement
form. The insurer shall waive all rights of subrogation and contribution it may have against the City,
its representatives, officers, employees and agents and their respective insurers. All of said policies
of insurance shall provide that said insurance may not be amended or cancelled without providing
thirty(30)days prior written notice by registered mail to the city. In the event any of said policies of
insurance are cancelled, the Operator shall, prior to the cancellation date, submit new evidence of
insurance to the City.
Those tow truck operators removing a vehicle from a hazardous materials incident to the nearest
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reasonable and safe stopping location will be considered to be transporting property subject to
normal minimum insurance requirements of Section 34631.5 of the Vehicle Code.
Business Records:
The Operator shall maintain records, at his/her place of business, relating to tow services furnished
under this Agreement, including a description of vehicles, nature of service,tow truck driver's name,
start time, end time, location of call, and itemized costs of towing and storage.
The Operator shall also maintain business records relating to personnel, insurance, personnel
taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, FCC
licensing, and non-PSPD tows.
The PSPD, or other City staff as may be designated by the Police Chief, may inspect all Operator
records without notice during normal business hours.
Operators shall permit the PSPD to make copies of business records at their place of business, or to
remove business records for the purpose of reproduction. The PSPD shall provide a receipt for any
(original) records removed from the place of business.
Records shall be maintained and available for inspection for a period of two years beyond the
expiration date of the original Agreement and any extension(s)thereof.
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.
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
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
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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 underthis Chapterwill remain
on file and will be available for inspection in the police department.
Minimum Performance Standards:
• Timely payment to City of VTACR Fee;
• Timely submission of all required monthly reports;
• No more than 3 "passes" on tow assignments within a single calendar month;
• Ability to maintain an average response time of 15 minutes or less;
• Successful re-inspection of equipment and facilities;
• Random audit of 30 tow invoices with an error rate of less than 10%;
• Complaint ratio of not more than 1% of all tow requests.
Term:
The term of official police tow truck service agreements shall be three years with two one year
options.
Form of Agreement:
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
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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 Chapter 11.82 of the Municipal Code.
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