HomeMy WebLinkAbout2006-03-15 STAFF REPORTS 3A O�Y PL M S,0
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DATE: MARCH 15, 2006 LEGISLATIVE
SUBJECT: PROPOSED ORDINANCE RELATING TO THE ESTABLISHMENT OF A
CONTRACTUAL PROCESS FOR THE PROVISION OF POLICE TOW
SERVICES
FROM: David H. Ready, City Manager
BY: Police Department
SUMMARY
The City Council will consider introduction of an Ordinance to establish 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
ciitywide 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.
RECOMMENDATION:
1. Waive the reading of the ordinance text in its entirety and read by title only.
2. Introduce on first reading Ordinance No. , "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."
STAFF ANALYSIS:
California Vehicle Code section 12110(b) allows for a public entity to require a fee from
contract tow companies in connection with the reward of a franchise for towing vehicles
on behalf of the public entity. Said fees may not exceed the amount necessary to
reimburse the public entity for its actual and reasonable costs incurred.
Item No. 3 .A.
City Council Staff Report
March 15, 2006 -- Page 2
Ordinance Police Tow Services
In the past, the city fee was collected by the tow operators on behalf of the city for each
tow, except those that are excluded. In the past, a city administrative fee was collected
on the City's behalf by the tow operators on all non-excluded tows and the fee was then
paid to the City. This has become a burdensome process for City staff as well as for the
tow operators.
Police Department personnel have had to deal with numerous complaints from the
public relating to unreasonable fees being charged by some tow operators and some of
the complaints have been sustained. Additionally, many complaints have been received
about discourteous treatment our citizens and visitors have been subjected to by some
contract tow operator employees.
The ordinance being considered for adoption by the City Council seeks to standardize
the procedure for contract tow operators when doing business on behalf of the City of
Palm Springs. The ordinance also provides for a new method for reimbursing the City
for actual and reasonable costs by establishing an Administrative Cost Recovery for
Vehicle Towing (ACRVT) fee.
The ACRVT fee will be an annual fee established by City Council resolution, derived by
simply dividing the total estimated and budgeted cost of administering the towing
program by the official police tow service providers. This fee will be for recovery of
actual and reasonable costs incurred by the City in connection with the towing program,
and will be used in part to provide a Police Department clerical staff position to help
administer the towing program. The ACRVT will be in lieu of the past practice of
collecting a portion of the fees assessed on each tow. (The City Council will establish
the maximum amounts any police tow service providers and the Police Department will
provide a copy of the maximum fees schedule to persons whose vehicles have been
towed.)
Staff is recommending the creation of a Police Services Officer (non-sworn, clerical
position) to oversee and manage the tow services program. Among the duties of the
clerical staff position, which will be funded by the ACRVT will be to provide to members
of the public, at the time they come to the police station for their signed vehicle release,
with a list of the fees they should expect to pay to the tow company when they pick up
their vehicles. This should allow for consistency in the fees being paid, and allow the
police department staff to answer any fee related questions in advance, thereby
reducing the number of complaints related to the fee structure and/or discourteous
treatment.
Staff believes that in addition to mitigating complaints and providing better customer
service, this proposed ordinance will simplify accounting procedures for the city as well
as for our contract tow operators. In addition, the ordinance will clearly outline standard
rules of operation, equipment standards, selection process for tow operators, response
time expectations, and grounds and procedures for cancellation, revocation, or
suspension of tow operators.
City Council Staff Report
March 15, 2006 -- Page 3
Ordinance Police Tow Services
The cost for a top step Police Services Officer (clerical staff position) including salary
and all benefits is $51,447. The amount collected from the towing companies for FY
2004/2005 was $61,732. It is estimated that the annual ACRVT fee charged to our
contracted tow operators will be approximately $150,000.
FISCAL IMPACT: Finance Director Review: ✓ ;
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There should be no financial impact because the ACRVT fee will cover the estimated
cost of the proposed clerical employee as well as all other costs incurred by the City in
administering the towing program.
Gary Jeandron, Chief of Police David H. Ready, Cit1�
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Attachments:
Proposed Ordinance
California Vehicle Code section 12110
City Council Staff Report
March 15, 2006-- Page 4
Ordinance Police Tow Services
California Vehicle Code Section 12110, Subsections (a) and (b)
VC§ 12110. Towing Service: Unlawful Acts
(a) Except as provided in subdivision (b), no towing service shall provide and no
person or public entity shall accept any direct or indirect commission, gift, or any
compensation whatever from a towing service in consideration of arranging or
requesting the services of a tow truck. As used in this section, "arranging" does not
include the activities of employees or principals of a provider of towing services in
responding to a request for towing services.
(b) Subdivision (a) does not preclude a public entity otherwise authorized by law
from requiring a fee in connection with the award of a franchise for towing vehicles on
behalf of that public entity. However, the fee in those cases may not exceed the amount
necessary to reimburse the public entity for its actual and reasonable costs incurred in
connection with the towing program.
ORDINANCE NO.
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.
NOW THEREFORE, the City Council of the City of Palm Springs ordains:
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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11.82.010 Intent and Legislative Purpose.
The purpose of this Chapter 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,
2. Contracting with private-sector tow companies, and
3. Setting minimum performance standards to ensure quality service;
B. Create a fair and an 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
4. Assures that an official police tow services provider receives ample
income to adequately maintain equipment, personnel and service levels to the
public.
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D. 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
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:
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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 CHIP 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.
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
deriver 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.
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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.
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 or request for qualifications 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;
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.
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D. By resolution, the City Council shall award an agreement to one or more proposers
whom the City Council determines are the most qualified to serve as an official police
tow services provider or providers.
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.
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
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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 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
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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 tow 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.
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
truck. 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.
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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
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.
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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.
1-I. 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 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.
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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 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.
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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;
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
orissions, 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 the 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.
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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.
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.
PASSED AND ADOPTED THIS DAY OF 12005.
AYES:
NOES:
ABSTAIN:
ABSENT:
RON ODEN, MAYOR
ATTEST:
James Thompson, City Clerk
APPROVED AS TO FORM:
Douglas Holland, City Attorney
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